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Home My WebLink About2002-1119 Council Mtg PACKETCouncil Meeting Pkt. C ! I ¥ O F BARBARA CHRISTENSEN ~kS H LAND CITY RECORDER council enda, unless it ; Public Forum-is the time to speak on luest toth The-c~hair will recognize you and you. The time granted will be dependent to some eXtent on the nature of'the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 19, 2002, 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street I. PLEDGE OF ALLEGIANCE: II. ROLL CALL: III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of November 5, 2002. IV. SPECIAL PRESENTATIONS & AWARDS: V. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Environmental Assessment of old Nevada Street Substation Property. VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject ora Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) 1. Opportunity for public comment on the adoption of the proposed standards, criteria and policy directives to be used in the hiring of a City Administrator. VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) VIII. UNFINISHED BUSINESS: (None) CO1JN('II. MEETINGS ARE BR()AI)CASI' I.IVE ON CHANNEl, 9 VISII 1'I ! l:, C1TY OF ASt t [..,AN D'S WI,~B SIT[:, AT WWW.AStfLAN I).OR.US IX. NEW AND MISCELLANEOUS BUSINESS: 1. Presentation of Long Term Parks, Trails and Open Space Plan from Parks Commission. 2. Acceptance of Audit Committee Report dated November 1,2002, and the June 30, 2002 Comprehensive Annual Financial Report. 3. Approval of Amendment No. 1 to Fund Exchange Agreement No. 18615-01 for the Water Street Bridge Project between the City of Ashland and the Oregon Department of Transportation. X. ORDINANCES~ RESOLUTIONS AND CONTRACTS: 1. Second reading by title only of "An Ordinance Adding Chapter 2.17, Public Arts Commission, to the Ashland Municipal Code." 2. Second reading by title only of "An Ordinance Modifying Chapter 15.04 of the Ashland Municipal Code Regarding Building Demolition and Relocation, Requiring Demolition Debris Diversion Plans in accord with Adopted Standards." 3. Reading by title only of "A Resolution Authorizing Jurisdictional Transfer Agreement No. 707 - Rogue Valley Highway 63 to UPRR Overcrossing Section Green Springs Highway No. 21 (State Highway No. 21, or Route 66) City of Ashland." Xl. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS: XII. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102- 35.104 ADA Title I). (;OtJN('ll, MEI!'I'IN(iS ARE BR()ADCAST I.IVf:. )N (..IIAN, 'El.: 9 VISI'I '1I I1( CITY OF AStfI.,ANI)'S WI',B Sl'l'h: AT WWW.AStILAND,OR.tJS MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL November 5, 2002, 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor DeBoer called the meeting to order in the Civic Center Council Chambers at 7:00 p.m. ROLL CALL Councilor Laws, Reid, Jackson, Morrison, and Hearn were present. Councilor Hartzell arrived at 7:04 p.m. APPROVAL OF MINUTES The minutes of the Regular Council Meeting of October 15, 2002 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor's Proclamation of National Recycling Awareness Week was read aloud. CONSENT AGENDA 1. Minutes of Boards, Commissions, and Committees. 2. Confirmation of Mayor's appointment of Launa Huffines to the Ashland Fiber Network Programming Committee for a term to expire April 30, 2005. 3. Liquor License Application from E. "Beasy" McMillan dba HongKongBar at 23 North Main Street. 4. Quarterly Financial Report: July - September, 2002. 5. Adoption of Findings for Planning Action #2002-052, Request for Site Review Approval for a 13-unit Cottage Style Condominium Development for the Property located at 2275 Siskiyou Boulevard. The Application includes a variance to Rear Yard Setback Standards and for Distance Between Buildings. Councilors Jackson/Reid m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS (None) PUBLIC FORUM (None) UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Approval of Amendment No. 1, Highway 66 Access Management Project between the City of Ashland and the Oregon Department of Transportation (ODOT). Public Works Director Paula Brown briefly explained that this amendment provides an additional $100,000 in direct grant monies to the City for the Access Management Grant for the remainder of the Ashland Street Project. The total grant to the City comes to $550,000. She updated the Council on the progress of the project noting that paving will be completed tomorrow. Councilors Morrison/Hartzell m/s to approve the Amendment No. 1, Highway 66 Mangement Project between the City of Ashland and ODOT. Voice Vote: all AYES. Motion passed. 2. City and Parks Cooperative Effort to Consolidate Accounting Functions. Finance Director Lee Tuneberg gave a brief update on the actions being taken by the City and Parks staff to consolidate accounting functions, as recommended by Council and the Budget Committee. He explained that both departments perform similar tasks, including: payroll, accounts payable, financial reporting and budgeting. Savings are anticipated through the reduction of various systems costs and the coordination of efforts. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of "An Ordinance Adding Chapter 2.17, Public Arts Commission, to the Ashland Municipal Code." Council discussed the issue, suggesting the following changes to the wording of the ordinance: Ashland City Council Meeting Page 1 of 3 November 5, 2002 · Page 1, Section 2.17.005 Purpose - Modify the fourth sentence to read, "Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters." Modify the fifth sentence to read, "The creation of a Public Arts Commission for the City of Ashland will assist those organizations, and other organizations and individuals, to make public art a more important part of the City's life." · Page 1, Section 2.17.020 Members; Terms - Modify the second sentence to read, "The commission shall contain five members from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture, and two citizens at large." · Page 1, Section 2.17.020 Members; Terms - Modify the third sentence to read, "The mayor shall also designate a non-voting council member as liaison to the commission." · Page 3, Section 2.17.090 Policies - Eliminate the present "subsection A.," and re-number remaining sub- sections. · Page 3, Section 2.17.080 Policies - Subsection C: Modify to read, "The Public Arts Commission shall not endorse any commercial product or enterprise. The commission may also serve as a resource for artistic components of land-use developments." · Page 2, Section 2.17.070 subsection A sub-subsection 4. Powers and Duties - Modify to read, "The commission shall advise the planning commission, the Ashland Parks and Recreation Commission, other city commissions and committees and city departments regarding artistic components of all municipal government projects under consideration by the city." Kip Todd/1630 Greenmeadows Way/Spoke in support of the ordinance and the proposed changes to the wording. Richard Benson/351 Morton Street/Spoke in favor of the ordinance and offered points for consideration, including, 1.) direct and indirect costs to the City; 2.) present inventory of art objects currently stored, and; 3.) what is meant by "art," and that guidelines on this be left up to the commission. It was noted that an email was received from Colin Swales urging that the ordinance be moved forward. It was suggested that the commission be allowed to work with various organizations in promoting the arts. It was clarified that the language of the ordinance may cause a problem with this in the future but that if it does, the issue could be dealt with at that time. Councilors Hartzell/Reid m/s to approve first reading and move to second reading with modifications suggested by the Council tonight. Roll Call Vote: Laws, Reid, Hartzell, Jackson, Morrison and Hearn, YES. Motion passed. 2. First reading by title only of "An Ordinance Modifying Chapter 15.04 of the Ashland Municipal Code Regarding Building Demolition and Relocation, Requiring Demolition Debris Diversion Plans in accord with Adopted Standards." Community Development Director John McLaughlin explained that this ordinance would regulate the disposal/recycling of demolition debris in order to divert 50% of those materials from the waste stream and that this would be figured as a percentage of total waste from each project. It was noted that the schedule thresholds are a reference and represent the minimums that can be taken to the various agencies. Staff recommended that the Council approve first reading of the proposed ordinance modifying the building demolition ordinance regarding debris diversion. Councilors Hartzell/Reid m/s to approve first reading and move to second reading of ordinance. Roll Call Vote: Morrison, Reid, Hearn, Laws, Hartzell and Jackson, YES. Motion Passed. 3. Reading by title only of "A Resolution Authorizing a Financing Loan from the Special Public Works Fund by Entering into a Loan Contract with the Oregon Economic and Community Development Department for the Community Development/Public Works Administration Building." Finance Director Lee Tuneberg explained that this resolution is a final step for the OECCD financing. Ashland City Council Meeting Page 2 of 3 November 5, 2002 Councilors Jackson/Reid m/s to approve Resolution # 2002-30. Roll Call Vote: Hartzeil, Jackson, Laws, Hearn, Morrison and Reid, YES. Motion passed. 4. Reading by title only of "A Resolution Adopting a New Fee Schedule for the City of Ashland Building Division Electrical Inspection Program." Community Development Director John McLaughlin explained that this would place Ashland's fee schedule in line with other jurisdictions in the region, and that the attached fee table is one issued by the State of Oregon. Councilors Hartzell/Hearn m/s to approve Resolution #2002-31. Roll Call Vote: Reid, Morrison, Jackson, Laws, Hartzell and Hearn, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS Council raised concerns regarding recent fires in town and discussed the City's weed abatement policy. Question was raised regarding how abatement problems might be dealt with in the future. Councilors Reid/Hartzell m/s to place discussion regarding weed abatement on agenda. Voice Vote: all AYES. Motion passed. Staff explained that the current City code does not allow for fire suppression costs and that these could not be charged to landowners who fail to abate weed hazards. It was noted that the City has also been neglectful in abatement and that caution should be used in addressing this issue. Suggestion was made that in the future the City be more aggressive in dealing with various potential fire hazards. Present policies were clarified, including that Staff sends out several hundred notices each year. Most are readily complied with, but a few are not. McLaughlin noted the difficulties with the Southern Pacific property due to the large amount of debris and hazardous materials on the ground. The expense associated with clean-up for these properties would exceed the weed abatement program' s entire budget for the year. He suggested investigating ways to become more aggressive in contacts with non- compliant property owners. DeBoer commented that he would personally call the railroad and have the area cleaned up and mowed next year. It was suggested that the Mayor bring back a report on this within a few months. Mayor reminded all of the study session scheduled for Wednesday, November 06, 2002. ADJOURNMENT Meeting was adjourned at 8:20 p.m. Jan Brunelle, Assistant to the City Recorder /" John }t/Iorr~o~-,, eoun[il Chair Ashland City Council Meeting Page 3 of 3 November 5, 2002 CITY OF -ASHLAND Council Communication Title: Environmental Assessment - old Nevada Street substation property Dept: Administration Date: November 19, 2002 Submitted By: Brian Almquist, Interim City Administrator ~- Synopsis: At the October 15 City Council meeting, it was requested that staff return to council with a process and the costs for preparing an environmental cleanup assessment of the old substation property on Nevada Street, east of Oak Street. Recommendation: It is presumed that the council wishes to proceed with the review, irrespective of whether the City decides to put the property on the market in the future, due to the possible presence of PCB's on the site. Based on this, staff recommends that council authorize the city to proceed with the site and soils analysis. Fiscal Impact: $1,450.00, which includes digging of test holes throughout the site and a soil sample analysis. Background: On the assumption that council will want to proceed with the environmental assessment, the city has contacted Jim Batzer of Western States Environmental Services. After completion of the environmental assessment, a full report will be provided to council. CiTY OF -ASHLAND Council Communication Title: Public Heating on the opportunity for Public Comment on the Proposed Standards, Criteria and Policy Directives to be used in hiring the City Administrator. Dept: Administration Date: November 19, 2002 Submitted By: Brian Almquist, Interim City Administratg~/~ Synopsis: This past September, the Mayor and Council, with the assistance of an executive search consultant, developed a draft of the standards, criteria and policy directives to be used in the hiring of a new City Administrator. The City also sought public comment through the city's web site. The vacancy in this position has been broadly advertised, and 148 applications were received by the November 1 deadline. Since the interview panel will consist of the entire City Council, it will constitute a "public meeting." We have made assurances to the candidates that their identities will be kept confidential, and as such, it will be necessary to conduct the interviews in an Executive Session under the provisions of ORS 192.660(1)(a). Recommendation: Following the public hearing, the Council should move to adopt (or adopt as amended) the draft of the standards, criteria and policy directives for the position of City Administrator. It is important that this is done on November 19 so that the final screening of the most qualified candidate, and the preparation of the questions to be used during the interviews, can be completed within the next ten days. Fiscal Impact: None. Background: This statute requires that before an Executive Session can be held, the City Council must provide an opportunity for public input, and following that, the council must officially adopt the standards and criteria. It is my view that posting a request for comments on the web site did not meet the full intent of this provision in the statute. Also, the Council has not yet officially approved the draft of the standards, criteria and policy directives for the position. Accordingly, I have had a display ad placed in the Daily Tidings, announcing that the Mayor and City Council are seeking oral or written comments on the dra~ standards at a public hearing scheduled for November 19. Attachments: Draft of the Standards, Criteria and Policy Directives for the position of City Administrator. Ashland has become a modern community dealing with modern issues such as city growth and changing demographics, increasing service demands, affordable housing. As a new, more affluent, population moves into th~ community to settle, younger families find it increasingly difficult to nage the cost of home ownership. This has resulted in the decrease of ool-age children attending the local schools. The Organization The City of Ashland was incorporated in 1874 and o under its own charter and applicable state laws. It provides a full ra of municipal services including police and fire protection, ambul~ services, parks and recreation facilities/activities, streets, airport, pl~ and building, senior programs, and general administrative services. City also provides water, wastewater, electric and telecommun' utility services. The City's 2002/2003 budget is over $91 mill and the full-time staff totals 204. Ashland has five bargaining Ashland is governed by a Mayor, is directly elected to a four-year term, and a six-member City Council members are elected at-large to four- year, overlapping terms. Thr Council seats are up for re-election in November 2003, and new ]ncil members will take part in the final interview process. Other elected offici; ire the City Recorder, Municipal Judge, and the five- member Parks ]tion Commission. Much of the city's business evolves throu 20 advisory boards and commissions that enhance public su and political stability. The Mayor, with confirmation by the City Cour , appoints the City Administrator, City Attorney, and all de ~nt directors. Director appointments are made after a rec( by the City Administrator to the Mayor. City of Ashland has historically been viewed in Oregon as a leader among communities, paving the way on issues, and taking an entrepreneurial approach in providing services to its residents. The City of Ashland invites you to visit their web site at www.ashland.or.us. The Position The City Administrator has responsibility for the day-to-day management of all city operations with the exception of the Parks Department. The new Administrator will be expected to communicate with the Mayor on all emerging matters of importance, and report formally on key activities to the Mayor and Council. The Administrator will meet on a resular basis with City department heads and oversee and coordinate their activities. The City Administrator will demonstrate leadership skills by delegatin8 significant responsibility to staff within the context of Council's goals and objectives; buildin§ staff teams and an or§anizational ethic of shared accountability; implementin§ Council goals and decisions once they have been reached; and usin8 creativity to facilitate the public process. The Administrator will be accessible and visible as well as a proactive participant in the community. The City Administrator will establish and maintain effective workin§ relationships between the City and representatives of community and business 8roups. The Administrator Will' feel comfortable in an environment where community input is welcomed and received. It is expected that the City Administrator will possess outstanding communication and listenin8 skills, excellent interpersonal skills, and a personality style that is comfortable and at ease in an actively democratic process. The individual sought for this important position will be straightforward, fair, and treat others with respect. The City is fortunate to have an excellent management team and is seekin8 a candidate who is an effective and supportive team builder and capable of workin§ in a collaborative fashion with staff, the Mayor and Council.' The Administrator will be somewhat of a risk-taker, taking the initiative, and guiding projects through to completion. The City Administrator will be politically astute, flexible, and open to new ideas. The ideal individual will be self-confident and will have a sense of humor. Most importantly, the new City Administrator will have a strong desire to invest in the community and its future. The new City Administrator will have a strong background and knowledge of municipal finance and budget. In addition, an understanding of public utilities and the diversity of services provided by the City of Ashland is desirable. Ideally, the individual selected for this position will have an understanding of the nature and dynamics of a tourism-oriented community. It is expected that candidates for this position will have broad knowledge of municipal government operations, principles and practices of public budgeting, public relations, and general management.' A bachelor's degree in public or business administration, or a related field, is required; a master's degree is highly desirable. Experience will include at least 10 years in administration and management in a municipal government agency of similar or larger size and complexity. The former City Administrator, Greg Scoles, has accepted a position as Public Works Director for the City of Santa Rosa, California. The Compensation The salary range for the City Administrator is $97,872 to $115,572, and appointment will be made within this range depending upon qualifications. In addition, the City offers a generous benefits package. A detailed description of the City's benefits is included as an attachment to this brochure. To Be Considered To apply for this exciting opportunity, please submit your resume by November 1, 2002, to: Bobbi Peckham Vice President, Public Sector Search Wilcox Miller & Nelson 1 O0 Howe Avenue, Suite 155 North Sacramento, CA 95825 e-mail bpeckham~,wilcoxcareer, com (916) 977-3700 Once the filing date has passed, resumes will be screened against the candidate profile. Ms. Peckham will conduct preliminary interviews in early November, and recommended finalists will participate in interviews with the City Council in early December. The City Council will provide their recommendation of the leading candidates for the Mayor's consideration prior to the holidays in December. ASHLAND PARKS AND RECREATION COMMISSION 340 SO. PIONEER STREET · ASHLAND, OREGON 97520 COMMISSIONERS: ~ Kenneth J. Mickelsen Director JoAnne Eggers Sally D. Jones Rick Landt TEL.: (541) 488-5340 Jim Lewis FAX: (541) 488-5314 Laurie MacGraw MEMORANDUM TO : City Council FROM : Ashland Parks and Recreation Commission DATE : November 13, 2002 SUBJECT : Parks, Trails and Open Space Attached are the Parks, Trails and Open Space Plan Proposed Long-Term Properties list and the Summary of Update--Parks, Trails and Open Space Plan. Both were approved by the Parks Commission at its October 28, 2002 Regular Meeting and will be presented to you at the November 19th City Council Meeting. Home of Famous Lithia Park Parks, Trails and Open Space Plan PROPOSED PROPERTIES Long--Term (50 years) · Ashland Creek Corridor--purchase or easements (trail and conservatbn) · Beagle Property on Mountain Avenue across from N. Mountain Park-.-purchase or donated · Billings Property-~purchase or easements (trail and conservation) · Golf Course Extension Crowson Road-~purchase or donated · Tolman Creek/Mistletoes-purchase or donated · Walker Site on East Main--purchase or easements (trail and conservation) · Old Waldorf School site on East Main--purchase or easements (trail and conservation) · So. side of Grizzly Peak, i.e. area visible from within the city limits-~conservation easement · Connection across Ashland Creek between Helman and Oak Streets.-.-purchase or easements (trail and conservation) approved by motion October 28, 2002 SUMMARY OF UPDATE - - PARKS, TRAILS AND OPEN SPACE PLAN APPROVED BY APRC MOTION OCTOBER 28, 2002 A goal of the Commission for fiscal year 2001-2002 was to complete an update of the Open Space and Park Land Acquisition Program. The original plan was appreved in 1991. Starting in the fall of 2001, the Commission held a sedes of community meetings to gather input from citizens on updating the 1991 plan. Following the meetings, the Commission developed an updated plan that included changing the name of the program to the 'Parks, Trails and Open Space Plan". The updated plan now consists of both a short-term and a long-term component. Most of the preperties on the 1991 plan that have not been acquired or privately developed remain on the updated plan. Short-Term Properties Component The shod-term component consists of properties that would be purchased in the next ten years and would accomplish the following: · One of the goals of the Comprehensive Plan is to have a neighborhood park located within a 1/4 mile of every resident living inside the current city limits. This goal will be met when the properties identified on the Short Term Plan are acquired. (Note: There are a few areas that do not have a neighborhood park because no suitable property has been located. The Gresham-Taylor-Idaho Streets area between SOU and Lithia Park, and, the Oak Knoll area are examples. If suitable property in these areas is found or becomes available in the future, it would be added to the plan. Some areas more than 1/4 mile from the nearest neighborhood park with Iow density zoning such as the urban/forest interface with few residents and large lots were deemed by the Commission to not be cost effective areas to locate a park.) · Provide sufficient land for athletic fields. · Provide trails and trail connections. (Note: The goal is to secure land, through outdght purchase, donation, grants, or easements, on which to develop a trail system that would encircle Ashland and provide connecting links to neighborhoods and additional trails throughout the city for non-motorized use. Efforts to accomplish this goal will be advanced through collaboration with other organizations, such as the Ashland Woodland and Trails Association.) Short-Term Properties - - Options to Acquire Active Athletic Fields ), Property adjacent to YMCA City Park on Clay Street - - purchase or donated ~ Helman Street preperty adjacent to Helman School - - purchase or donated Neighborhood Parks >' Jacquelyn & Grizzly Property - - purchase or donated >. Upper Clay Street Property - - purchase or donated Trail Corridors Y East Main along Bear Creek - - purchase or easements (trail and conservation) ~' Wdghts Creek Corridor- - purchase or easements (trail and conservation) Y Upper Liberty Street - - purchase or easements (trail and conservation) )' Nevada Street to N. Mountain Park - - purchase or easements (trail and conservation) >. Trail connection in Willows area (behind 8"~ and A Streets) - - trail and conservation easement :~ Hamilton Creek Corridor - - purchase or easements (trail and conservation) Y T.I.D. Trail Segments - - trail easement Long-Term Properties Component The long-term component consists of property recommended for acquisition over the next fifty years, mainly trails and open space. Should the City expand its UGB, the Long Term Open Space Plan would be modified to reflect the priority of the Park Commission to continue to add neighborhood parks to meet the 1/4 mile goal. Lonq-Term Properties - - Options to Acquire Ashland Creek Corridor- - purchase or easements (trail and conservation) Beagle Property on Mountain Avenue across from N. Mountain Park - --purchase or donated Billings Property - - purchase or easements (trail and conservation) Golf Course Extension Crowson Road - - purchase or donated Tolman Creek / Mistletoe - - purchase or donated Walker Site on East Main - - purchase or easements (trail and conservation) Old Waldorf School Site on E. Main - - purchase or easements (trail and conservation) So. side of Grizzly Peak, i.e. area visible from within the city limits - - conservation easement Connection across Ashland Creek between Helman and Oak Streets - - purchase or easements (trail and conservation) After extensive review of 1) the Open Space Plan developed in 1989, 2) nominated properties and 3) public input, and after creating and applying selection criteria, the Parks Commission and Staff have identified properties for inclusion in this revised plan. The Commission understands that properties of exceptional merit may have been omitted inadvertently. Not withstanding the specificity of this plan, it is understood that the plan may evolve to include properties unintentionally overlooked. All properties on this plan were rated using the selection criteria developed by the Parks Commission. All of the highest-ranking properties were included. If property in the future is identified as having merit for inclusion in the plan, the same or similar selection criteria may be applied. Comparing the ranking of a proposed property to the ranking of properties already on the plan would assist in determining the merit of adding the property to the plan. 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êÍÙÛéÈÊ××È ûÉÔÐÛÎØíê CiTY OF kSHLAND Council Communication TITLE: Acceptance of Audit Committee report dated November 1, 2002 and the June 30, 2002 Comprehensive Annual Financial Report DEPT: Finance Department DATE: November 19, 2002 SUBMITTED BY: Lee Tuneberg, Finance Director Z~ff'~,/ APPROVED BY: Brian Almquist, Interim City Administrat0~/./ Synopsis: The Audit Committee has met with staff and Pauly, Rogers and Company, P.C. to review and accept the annual audit for the fiscal year ended June 30, 2002. The committee's report can be found in the annual report on page xvii and the auditor opinion on page 1. Copies of those pages and meeting minutes are attached. Recommendation: The Audit Committee recommends acceptance of the 2001-2002 Comprehensive Annual Financial Report and staff concurs. Fiscal Impact: None £rom adoption. The annual report is a complex document containing a tremendous amount of information. From an overview stand point, the city is in good financial health and is maintaining or making progress on budgeted activities. Some activities like capital projects have suffered from delays causing elevated fund balances in related funds, yet the total city fund balance decreased $5.5 million during the fiscal year. Cash and investments echoed this change with a similar decrease. During the current year the city will finish many of these projects and make sizeable debt service payments related to their financing which will all work toward further reduced fund balances by June 30, 2003. Background: The Comprehensive Annual Financial Report is prepared annually as part of the state-required audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor reports to the Audit Committee established by the city. The committee receives the auditor opinion, management letter and annual financial reports prepared by staff. When satisfied with the reports and related information, the committee forwards the report to council with a recommendation to accept. The city is responsible for completeness and accuracy of the annual report and this year's document was prepared, cover to cover, by city staff. The necessary auditor reports are included in the document and presented on their letterhead. Key places to look within the document are: Page Subject matter i - xi Transmittal letter from staff xvii Report of Audit Committee accepting the audit 1 - 2 Auditor's unqualified opinion 4 - 12 Combined balance sheet and other financial statements 15 - 45 Notes explaining the general purpose financial statements 49 - 132 Supplementary reports, schedules and statistical tables 133 - 144 Other required auditor comments and disclosures Questions on the Comprehensive Annual Financial Report can be directed to the Finance Department. CITY OF -ASHLAND November 1,2002 The City Council City of Ashland, Oregon The Audit Committee advises the City Council on matters concerning the City's financial reporting process. In fulfilling its responsibilities, the Committee recommends the independent certified public accountants to be engaged by the City Council as the City's auditors. The Committee discusses with the selected independent certified public accountants the overall scope and specific plans for the audit. The Committee also discusses with the City's auditors the City's financial accounting and reporting, processes, including the preparation of the financial statements. In addition, the Committee discusses including the safeguarding of the City's assets and other resources against unauthorized acquisition, use or disposition. At the conclusion of the annual audit, the Committee meets with the City's auditors to discuss the results of their audit and their evaluation of the City's financial reporting. Based on the Committee's discussions with the City's auditors, we accept the City's 2001-2002 Comprehensive Annual Financial Report (CAFR) and the related audit reports of the independent certified public accountants. Based on our acceptance, we recommend the CAFR and auditor's reports be a~.p.~ by the City Council. Respectfully submitted, The A~dit (~.~ mmittee MJ rtin L~vine, CPA, Chairman Barbara Christensen, City Recorder/Treasurer Emil~ J Af~;~fl'c~, CPA, Member Roberta Stebbins, CPA, Member ~ 20 East Main Sheet Tel: 541-488-5300 Ashland. Ofego~ 97520 Fax: 541-488-5311 w~w.ashl~d.o~.u~ TTY: 800-735-2900 - XVII - PAULY, ROGERS AND CO., RC. ® CERTIFIED PUBLIC ACCOUNTANTS · 12700 sw 72ND AVENUE · TIGARD, OREGON 97223 · (503) 620-2632 · FAX (503) 684-7523 To the City Council ,?,eptember 6, 2002 City of Ashland Jackson County, Oregon INDEPENDENT AUDITORS' REPORT We have audited the general purpose financial statements of City of Ashland, Jackson County, Oregon, as of and for the year ended June 30, 2002 as li~ted in the table of contents. The general purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. The financial statements of City of Ashland, Jackson County, Oregon as of June 30, 2001 were audited by other auditors whose report dated October 19, 2001, expressed an unqualified opinion on those statements. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing ~tandan/v, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The financial statements of Ashland Parks and Recreation Cornmi~sion were not audited in accordance with Government Auditing Standards. An audit includes examining, on a test bash, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose f'mancial statements referred to above present fairly, in all material respects, the financial position of City of Ashland, Jackson County, Oregon, at June 30, 2002, and the results of its operations and cash flows of its proprietary fund types and similar trust fund for the year then ended, in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standardg, we have also issued our repom dated September 6, 2002, on our consideration of City of Ashland's internal control over f'mancia! reporting and our tests of its compliance with certain provisions of laws) regulations, contracts and grants. Those reports are an integral part of an audit performed in accordance with Govcramcnt Auditing Stalldards alii shotild Ig lead ill conjunction with this report in considering the results of our audit. -1- Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements of City of Ashland, Jackson County, Oregon, taken as a whole. The accompanying schedule of expenditures of federal awards, as listed in table of contents, is presented for purposes of additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and is not a required part of the general purpose financial statements. The supplementary data of combining and individual fund and account group statements and other financial schedules, as listed in the table of contents, is presented for purposes of additional analysis and is also not a required part of the general purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the general purpose financial statements taken as a whole. The other data included in this report, designated as the statistical section in the table of contents, has not been audited by us; and accordingly, we express no opinion on such data. PAULY, ROGERS AND CO., P.C. -2- CiTY OF kSHLAND Audit Committee Minutes November 1, 2002, 2:30pm Civic Center Council Chambers, 1175 East Main Street Call to Order Chairperson Marty Levine called the meeting to order at 2:34pm. Introductions Finance Director Lee Tuneberg made introductions. Levine summarized the three functions of the audit committee. 1) Recommend to the council an independent firm to perform the annual audit of the City. 2) Review annual audit report and make recommendations regarding significant findings. 3) Make recommendations to council regarding the annual financial statements, management letter, and response to management letter submitted by city staff. Roll Call Committee Members Emile Amarotico, CPA, Marty Levine, CPA and City Recorder/Treasurer Barbara Christensen were present. Council Liaison, Mayor Alan DeBoer and Staff Liaison, Finance Director Lee Tuneberg was present. Staff Accounting Supervisor Joanie Baker, Staff Accountant Patrick Caldwell and Administrative Assistant Kirsten Bakke were present. Roy Rogers, CPA and Kenny Allen, CPA were present from Pauly, Rogers and Company, P.C. Committee Member Roberta Stebbins, CPA was absent. Approval of Minutes Committee Members AmaroticolChristensen mis to approve the February 13, 2002 audit committee minutes as written. Presentation by the Auditors Rogers began the presentation by distributing an executive summary of the audit process and copies of the Management Letter. Rogers commented that the audit process went well. He discussed the Executive Summary of the audit process saying that they found no exceptions or significant audit adjustments. He summarized by saying the accounting records were in good condition and commended the staff for their assistance and support during the audit. Tuneberg suggested that Accounting Supervisor Joan Baker respond to the Management Letter after it was presented. Rogers pointed out that the staff was open to suggestions and ways for improvement. Minutes 11-01-02 Page I of 5 Management Letter Rogers turned the presentation over to Allen. He began discussing the Management Letter noting each item. He pointed out on item 1 that the bank reconciliations were not being reviewed by anyone in the accounting department, recommending that all bank reconciliations be reviewed and signed off by the Finance Director or a designee other than the reconciler. Levine recommended that Barbara Christensen review the bank statements. Tuneberg pointed out that it should be someone in accounting who is independent of the duties of handling the cash, doing the investments and reconciling the bank accounts. Allen continued, referring to item 2 two instances were noted where the EDEN software system could not produce needed reports. He went on to discuss item 3 saying that they noted an instance where a payroll tax deposit was not made in a timely manner, recommending that a procedure be put into place to ensure that all payroll tax deposits are made on time. There was some discussion regarding the EDEN software system. Allen went over item 4 noting that some invoices containing retainage payable were not accounted for properly, recommending that accounting put procedures in place to ensure that retainage does get accrued as a liability. Amarotico asked if retainage was being recorded at all. Allen replied that it was for some invoices, but not for others. Rogers talked about the last two issues under Other Matters in the Management Letter, stating that item 1 is an accounting pronouncement from the Governmental Accounting Standards Board (GASB). He gave a brief overview of the new financial reporting model for State and Local Governments (GASB 34). He explained that it was more like a reporting model for a private business. Beyond report format changes other material new requirements are calculation of depreciation expense on fixed assets, including infrastructure, and accrual of property taxes in the year levied. There was some discussion regarding accrual basis accounting. He moved on to Other Matters item 2 describing the General Accounting Office (GAO) recently issued independence standard that will affect the Parks Department as a component unit of the City. He said that the standard lays out items which auditors can and cannot per[orm. (~olng into effect for fiscal year 2003-2004, it states that we can prepare the financial statements for our audit clients, if we assess the client and believe that the client could prepare and understand the report on their own. He pointed out that the standard says that auditors can't propose or make any adjusting journal entries. The Committee discussed this further. City Staff Response Baker responded to the reportable conditions in the Management Letter beginning with Item 1 saying that effective immediately the Finance Director or a designee will review bank reconciliation's on a monthly basis as they are completed. The City has the following major bank accounts; Pool or Local Government Investment Pool (LGIP), Concentration, City Investments, Payroll, and Accounts Payable. The City also has minor bank accounts including Bank of America and Wells Fargo. The City does not, at Audit Committee Minutes 11-01-02 Page 2 of 5 this time, reconcile the Parks and Recreation accounts. There was discussion regarding the City's bank accounts. Ann Benedict Business/Personnel Manager for Parks and Recreation spoke to the specific issues relating to the Park's bank accounts. Tuneberg clarified the timing and scope of the consolidation of the Parks accounting with the City. Baker continued, moving to Item 2 the City sent two finance staff to the annual EDEN user's conference held the second week of October. The purpose of staff attendance was to pursue reporting needs, acquire more knowledge about the software's capabilities, increase staff's knowledge of the system to be able to use the software to it's full capacity and to address the need for reports, particularly the accounts payable and the lien program reports referred to above. The City will continue to address identified needs and pursue additional EDEN software that would be helpful to the Finance Department. Levine asked about the ability to print reports. Baker replied that one of the staff went to classes on report writing using Crystal Reports and that's where we will be able to get more out of the system. Tuneberg detailed the challenges in employing and developing the software. He discussed the improvements and conversions anticipated in the coming year. DeBoer asked for the Auditor's opinion regarding the EDEN software. Rogers responded saying that they didn't see the economy and efficiency that could be realized and a lot of records were being kept manually. Tuneberg spoke of the evolution in the Finance Department and the effects of staff turnover on the software conversion. Levine verified that the challenge is to learn and implement the software. Tuneberg clarified that the software problems were not insurmountable. There was discussion regarding the software RFP process. Baker continued referring to item 2 explaining the purpose networking at the EDEN user's conference and the process that staff used to bring all issues to the table at the conference. Tuneberg informed the Committee there were 3 conversions anticipated by June 30t~ that would eliminate some of the subsystems, and accommodate miscellaneous receivables. Baker clarified that a miscellaneous receivable was something that falls outside of the standard revenue stream. Baker commented that Parks is currently using Springbrook software and will be treated as a separate entity. Baker spoke to item 3 the non-payment of the tax deposit was discovered by finance staff while performing a routine bank reconciliation. The Accounting Division has implemented additional procedures to ensure all payroll tax payments are timely. The additional procedures include additional review processes and check off lists to be initialed during payroll processing. Audit Committee Minutes 11-01-02 Page 3 of 5 DeBoer asked about waving penalties. Baker said that there had been another penalty before that the IRS wouldn't wave. She said they considered it a clerical error. Baker said 3 times this year the federal withholding went over $100,000 and that penalties have been involved when taxes went over $100,000. Levine suggested routinely making one day tax deposits. Tuneberg pointed out that a procedure had been established where an independent person checked confirmation numbers on tax deposits and that there shouldn't be any more issues. The discussion ensued. Baker concluded by addressing item 4 saying that the City recognized the difficulty with both the understanding of retainage (holding a portion of funds due until project completion) and the coding of retainage. Effective immediately accounting staff will review all construction project invoices prior to accounts payable processing to assure retainage is properly coded and set aside per contract agreement. DeBoer asked where the error was found. Caldwell said it was found in the Library project on a Request for Check. The payments to the contractor were accurate but the accrued liability was not recorded. There was further discussion. Baker closed by thanking the Auditors. Amarotico pointed out a misspelling on the bottom of the second paragraph on page iii. He indicated that on page vi the percentage of food and beverage tax did match page iii. He questioned the decrease in food and beverage tax as compared to transient tax. More discussion followed. Parks Tuneberg asked if there were any questions regarding the Park's report. Rogers passed out the Parks executive summary saying there was no management letter. Rogers recommended that the Audit Committee review the Park's financial report in addition to the City's. Levine said that there was no distinction between the Parks and the City mentioned in the Resolution. The discussion developed and DeBoer said with Parks concurrence the Council could amend that that ordinance. Christensen recommended appointing a member of the Parks Commission to the Audit Committee. Tuneberg concluded that it could be resolved this year. Amarotico referred to a table of food and beverage taxes on page 117 saying that it was inconsistent with page vi. Tuneberg noted the correct number as 307. Rogers continued saying there was nothing to report on Parks. Levine asked about merging the City's and Park's accounting. Rogers said they had no objections and that Springbrook is a good system. Levine asked if they had other clients with EDEN. Rogers answered that they did not. Tuneberg indicated that the City of Wilsonville was expanding their use of EDEN. City Staff Response Tuneberg thanked the Finance and Parks staff. He remarked that this was the first time in five years that there hasn't been a technical violation on the Budget Appropriations. Audit Committee Minutes 11-01-02 Page 4 of 5 He addressed some of the procedures that have been improved such as routine monthly closings. He described the challenges in the Finance Department and concluded by thanking the Auditors. DeBoer asked if the Auditor's time on the audit was within the scope of their bid. Rogers affirmed that it was as anticipated. Benedict concurred with Tuneberg that this years audit process went well. Signing the Annual Letter Members Amarotico/Christensen mis to approve the Comprehensive Annual Financial Report (CAFR) as submitted. Voice Vote: all AYES. Motion passed. Other DeBoer pointed out that on page xii Chris Hearn should replace David Fine. Adjournment Meeting was adjourned at 4:02pm. Respectfully submitted by Kirsten Bakke, Administrative Assistant to the Finance Director Audit Committee Minutes 11-01-02 Page 5 of 5 CITY OF SHLAND Council Communication TITLE: Second Reading of an Ordinance modifying Chapter 15.04 of the Ashland Municipal Code Regarding Building Demolition and Relocation, Requiring Demolition Debris Diversion Plans in Accord with Adopted Standards. DEPT: Department of Community Development Demolition Review Committee & Building Appeals Board DATE: November 19, 2002 SUBMITTED BY: Mike Broomfield, Building Official ~ John McLaughlin, Director of Community Development 1~) APPROVED BY: Brian Almquist, Interim City Administratoy Synopsis: Significant discussion has occurred at the committee level over the past year dealing with the criteria set forth in this ordinance. Specifically, the committee is given the responsibility for judging applicants' recycling plans without criteria upon which to base those judgements. After several meetings, and in discussion with a representative of the Conservation Commission, the Demolition Review Committee recommends that future demolition applications be reviewed utilizing the proposed criteria attached, and that the ordinance be amended to refer to the criteria. The Council approved first reading of this ordinance at the November 5 council meeting Recommendation: Staff recommends that Council move to adopt the proposed ordinance modifying the builidng demolition ordinance regarding debris diversion. Background: The lack of standards to interpret sections of the ordinance has been an on going topic of discussion for committee members. To provide uniformity in the analysis of specific situations, a series of thresholds have been developed. In keeping with other models for conservation, the availability of local resources was surveyed by the conservation committee and the demolition review committee. The result is the Building Demolition Debris Diversion Table attached. Also of concern to the committee is a disparity between construction resulting from the newly created demolition process and job site recycling (currently non-existent) for new projects. Enforcement of such a program is a side bar concern with no assignment of responsibility to a specific division at this time. However, it will likely be coordinated with the Building Division and Code Compliance ORDINANGE NO. AN ORDINANCE MODIFYING CHAPTER 15.04 OF THE ASHLAND MUNICIPAL CODE REGARDING BUILDING DEMOLITION AND RELOCATION, REQUIRING DEMOLITION DEBRIS DIVERSION PLANS IN ACCORD WITH ADOPTED STANDARDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 15.04.216.C of the Ashland Municipal Code is amended to read: C. For any demolition approved under this section, the applicant is required to salvage or recycle construction and demolition debris in accordance with a demolition debris diversion plan that complies with the requirements adopted by the Demolition Review Committee. The applicant shall submit such a plan with the application for demolition. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the __ day of ,2002, and duly PASSED and ADOPTED this __ day of ,2002. Barbara M. Christensen, City Recorder SIGNED and APPROVED this ~ day of ,2002. Alan W. DeBoer, Mayor Reviewed as to form: Paul Nolte, City Attorney CITY OF kSHLAND Council Communication Title: Resolution Authorizing "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT) Dept: Public Works Department Date: November 19,,4200.2 Submitted By: Paula Brown Paul Nolte Reviewed By: Brian Almqu~ Approved By: Synopsis: At the September 3, 2002 meeting, Council approved staff's recommendation for conceptual acceptance of the draft agreement for jurisdictional transfer of Ashland Street from Siskiyou to the railroad overpass. Staff entered into additional negotiations to determine the timing of the funds to be paid to the City. The attached resolution finalizes that agreement and authorizes the City to enter into "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT); MP 0.00 to MP 0.73 (Ashland Street from Siskiyou Boulevard to Faith Avenue). Recommendation: It is recommended that Council approve the attached resolution to enter into "Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, Or Route 66) City of Ashland" with the Oregon Department of Transportation (ODOT), and direct the Mayor and City Recorder to sign the resolution. Fiscal Impact: The agreement transfers jurisdiction of Ashland Street between Siskiyou Boulevard to the railroad overpass just south of Faith Avenue. ODOT will pay the City of Ashland $748,000 for this exchange. Staff negotiated with ODOT for the final terms of the agreement and although slightly different from the suggested amounts presented in September, staff is pleased with the final arrangement. ODOT will provide the City with $200,000 by December 31,2002; $181,750 by November 30, 2003, and the final $366,250 by November 30, 2004. There was concern that the City looses revenue if funds are not received immediately upon transfer. For discussion, the $181,750 to be received in one year (November 2003) instead of right now, assuming a rate of 2.4%, the City's revenue loss is $4,362. For the remaining $366,250 to be received in two years (November 2004), the additional loss is $17,600. However, the City is benefiting by getting the overlay completed earlier than programmed (2007), and that provides a better, longer life on the road, which should be substantially equal to the loss in revenue. PCB/CC Ashland Street Jurex Reso 19Nov02.doc Page I of 2 Background: Similar to the discussion regarding Siskiyou Boulevard (Highway 99), Ashland Street does not act like a state highway, but more like a city street. The Oregon Highway Plan requires ODOT to negotiate with local jurisdictions to transfer ownership on major improvements of state projects that affect local jurisdictions. The City has provided a certain level of maintenance along Ashland Street even though it has been a State District Level Highway. The City maintains the trees in the park row, provides snow removal and is the primary responder for storm drain concerns. The long-term maintenance costs have been fairly evaluated by ODOT and the jurisdictional exchange funds will provide a good source of revenue for the City. The acceptance of the access management project funds ($550,000) required that the City agree to discuss jurisdiction of the project area. This section is just over three-quarters of a mile on Ashland Street between Siskiyou and the railroad overpass. ODOT has an elaborate formula for maintenance costs within the project area. Included in this section is the need for an overlay, which was programmed by ODOT for FY07. Because a signal is programmed for the intersection of Ashland and Normal and is documented in the City's Transportation System Plan for 2008, ODOT has agreed to provide additional funding for that future signal project. ODOT looks at the jurisdictional exchange on a 20-year basis and brings all the costs to a present value cost. In general, staff is very pleased with the results of the jurisdictional exchange offer from ODOT. ODOT has been fair with the City's needs, and realistic with the maintenance costs. The City has completed the overlay of this section during the current project. Having the $200,000 available in December 2002 was a critical concern to staff so that those funds would be available to help offset paving costs that are not eligible for the Access Management grant reimbursement. Additional Update on the Siskiyou / Ashland Street Projects: Ashland Street - Is basically complete with the exception of final pavement striping (which really should be completed by the Council meeting on November 19th) and the shrubs and plantings that should be completed by mid to late December. LTM ended up being about 2 weeks ahead of schedule and although final costs have not been tabulated, it is anticipated they will be significantly lower than the bid amount. Staff has worked primarily with the businesses along Ashland Street to identify and resolve details of driveway closures or relocations. The business owners have been very helpful and generally supportive of these changes. We are extremely grateful for the community's patience and acceptance of these changes. Siskiyou Boulevard - This is the next phase of the work. It is anticipated that LTM will begin the project at the southern end (down toward Walker Avenue and SOU) and will work from the inside out; meaning from the medians to the outside parkrows. The plan is to complete the medians first and have the majority of the planting completed by May 2003. During the winter months, the contractor can easily work on all of the concrete and landscaping. Paving will not start again until mid April. The whole project will be completed by December 2003. Staff will have a more detail schedule for discussion at a future Council meeting. Gresham / E. Main/Lithia Way Intersection - It is staff's desire to get the sidewalk and curb alignment in front of the Library completed by the end of the year. We were hoping to complete this work before Thanksgiving, but as that would not give enough time to fully complete the work prior to the Holiday parade, our revised plan is to begin the first of December. There are considerable utilities that need to be moved or worked around and this will give time for the Library landscape contractor to complete his work, utilities to be adjusted and then have LTM jump in and complete the parking bay, crosswalks and sidewalk work in December to early January. The remaining part of the intersection work will be completed toward the end of the project and will be totally complete by December 2003. Staff will have a more detail schedule for discussion at a future Council meeting. PCB/CC Ashland Street Jurex Reso 19Nov02.doc RESOLUTION NO. 2002- RESOLUTION AUTHORIZING JURISDICTIONAL TRANSFER AGREEMENT NO. 707 - ROGUE VALLEY HWY. 63 TO UPRR OVERCROSSlNG SECTION GREEN SPRINGS HIGHWAY NO. 21 (STATE HWY. NO 21, OR ROUTE 66) CITY OF ASHLAND THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Jurisdictional Transfer Agreement No. 707 - Rogue Valley Hwy. 63 To UPRR Overcrossing Section Green. Springs Highway No. 21 (State Hwy. No 21, OR Route 66) City of Ashland; provides for the jurisdictional exchange of Highway 66 (Ashland Street) between Siskiyou Boulevard and a section just south of Faith Avenue; MP 0.00 to MP 0.73. SECTION 2. The Mayor and City Recorder are authorized to sign the agreement on behalf of the city. SECTION 3. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 2002. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2002. Alan DeBoer, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION (G:~pub-wrks~admin~PB Council~Street Jurisdictional Exchange~.~eso re ODOT Ashland Street Transfer.doc November 8,2002 Jurisdictional Transfer Agreement No. 707 JURISDICTIONAL TRANSFER AGREEMENT Rogue Valley Hwy. 63 to UPRR Overcrossing Section Green Springs Highway No. 21 (State Hwy. No 21, OR Route 66) City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, by and through its Department of Transportation, hereinafter called "State", and the City of Ashland, a municipal corporation of the State of Oregon, by and through its City Officials, hereinafter called "City". WIT NESS E T H RECITALS 1. Green Springs Highway, State Hwy. No. 21 (OR Route 66) is a part of the state highway system under the jurisdiction and control of State. This portion of the highway is also designated OR Route 66, 2, Pursuant to ORS 373,010, whenever the route of any state highway passes through the corporate limits of any city, State may locate, relocate, reroute, abandon, alter, or change such routing when, in its opinion, the interests of the motoring public will be better served, 3. Pursuant to ORS 366,395. the State may relinquish title to any of its property not needed by it for highway purposes to any other governmental body or political subdivision within the State of Oregon, subject to such restrictions, if any, imposed by deed or other legal instrument or otherwise imposed by State, 4, By agreement, City and State, shall eliminate from the state system a portion of the Green Springs Highway from MP 0.00 to MP 0.73, hereinafter referred to as "Unit 1". It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No, 21 (OR 66) and the state highway system; that the unit pass to and vest in the City, and that City maintain the unit as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby, NOW THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by the State and City as follows .. ~-r---~. _.~. -,~. A&R 707 City of Ashland TERMS OF AGREEMENT 1, In recognition of mutual benefits which shall accrue to the residents of the State and the City, and for the purpose of furthering the development of a state highway system adapted in all particulars to the needs of the people of the State, State and City have determined that a jurisdictional transfer of right-of-way between the City and State within the city limits of City, shall be accomplished, 2, It is the purpose and plan of the parties hereto that Unit 1 be eliminated as a portion of the Green Springs Highway No. 21 (OR 66) and the state highway system. Jurisdiction, control and maintenance responsibilities of said unit shall pass to and vest in the City, City shall maintain Unit 1 as a part of its city street system as long as needed for the service of persons living thereon or a community served thereby, Unit 1 is shown on Exhibit A attached hereto and by this reference made a part hereof. 3, This roadway shall retain the designation as OR Route 66. 4. This agreement covering the jurisdictional exchange of highways shall become effective on the date all required signatures are obtained, and shall remain in effect for the purpose of on-going maintenance responsibilities for the useful life of the facilities referred to in this agreement. STATE'S OBLIGATIONS 1. State shall, by resolution, formally eliminate Unit 1 as a portion of the Green Springs Highway and the state highway system, All right, title, and interest of State, including all jurisdiction, maintenance, and control in said unit shall pass to and vest in City. Unit 1 is described as follows: Unit 1 All land within the right-of-way boundaries of the Green Springs Highway No, 21 as presently located from approximately MP 0.00 opposite the intersection of Rogue Valley Highway No. 63 (OR 99) easterly to MP 0,73 located at the Union Pacific Railroad (UPRR) overcrossing, Bridge No, 0406A. Sections 10, 11, 14 and 15, Township 39 South, Range 1 East, Willamette Meridian; Jackson County, Oregon. 2 -.-.. ._.._.~->""..--..,...-,..-- .,.....~.- .~." T' A&R 707 City of Ashland 2. State agrees to reimburse the City, an amount not to exceed $748,000 in accordance with the following payment schedule: $200,000 $181,750 $366,250 State Funds (Key No. 12687) State Funds (Key No. 12743) State Funds (Key No. 12687) December 31, 2002 November 30,2003 November 30, 2004 3, State shall retain any and all access rights in Unit 1 previously acquired by State. CITY'S OBLlGA liONS 1. City agrees to accept all of State's right, title and interest in Unit 1; to accept jurisdiction and control over the property; and to maintain the property as a portion of its city street system as long as needed for the service of persons living thereon or a community served thereby. Any right-of-way being transferred in which State has any title shall be vested in City so long as used for public road purposes. If said right-of-way is no longer used for public road purposes, it shall automatically revert to State, 2. City agrees to overlay Unit 1 in conformance to the American Association of State Highway and Transportation Officials (AASHTO) standards. 3. City agrees that State shall retain any and all access rights in Unit 1 previously acquired by State, and shall preserve the control of access by State. 4. City shall pass an ordinance or resolution, as appropriate, authorizing Mayor/Manager and Recorder to enter into the agreement on behalf of City. 5, City shall retain the road designation as OR Route 66 and maintain the route signs, GENERAL PROVISIONS 1, The properties above described are relinquished and transferred subject to the rights of any utilities located within said properties and further subject to the rights of the owners of said existing facilities, if any there be, to operate, reconstruct, and maintain their utility facilities presently located within said properties. 2. This agreement may be terminated by mutual written consent of both parties. State may terminate this agreement effective upon delivery of written notice to City or at such later date as may be established by City, under any of the following conditions: a. If City fails to provide services called for by this agreement within the time specified herein or any extension thereof. 3 .."".~"_..._."U"...~ _"" __" _. A&R 707 City of Ashland b. If City fails to perform any of the other provisions of this agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from fails to correct such failures within 10 days or such longer period as may authorize, c, If State fails to receive funding, appropriations, limitations or other expenditure authority at levels sufficient to pay for the work provided in the agreement. d, If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this agreement is prohibited or if State is prohibited from paying for such work from the planned funding source, Any termination of this agreement shall not prejudice any rights or obligations. 3, Both parties acknowledge and agree that each other and the Oregon Secretary of State's office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of both parties that are pertinent to this agreement to perform examinations and audits and make excerpts and transcripts. 4, City and State shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this agreement, including, without limitation, the provisions of ORS 279.312, 279,314, 279.316, 279.320 and 279.555, which hereby are incorporated by reference, Without limiting the generality of the foregoing, City and State expressly agree to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. This agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof, There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification, or change of terms of this agreement shall bind either party unless in writing and signed by both parties and all necessary approvals have been obtained, Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this agreement shall not constitute a waiver by State of that or any other provision. SIGNATURE PAGE TO FOLLOW 4 _" -"__.' ._~__----....-~~._,..",_,,_ ..,-, '_.~...._..~,._"____.,.,......._~~_.. ._,....._._>.""M~..._.......__..,.~..<-_. "....,_.__,... ~_ " _, t' "".._....-..-,~~~....-...---"'._, A&R 707 City of Ashland IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written, The Oregon Transportation Commission approved this agreement on March 8, 2000 and authorized the Executive Director/Chief Engineer to execute the agreement. Said authority is recorded in the Commission minutes. The Oregon Transportation Commission on January 16, 2002, approved Delegation Order No.2, which authorizes the Director to approve and execute agreements for day-to-day operations when the work is related to a project included in the Statewide Transportation Improvement Program or a line item in the biennial budget approved by the Commission. On January 31, 2002, the Director of the Oregon Department of Transportation approved Subdelegation Order No, 2, in which the Director delegates authority to the Executive Deputy Director for Highways, to approve and execute agreements over $75,000 when the work is related to a project included in the Statewide Transportation Improvement Program, CITY OF ASHLAND, by and through its Elected Officials STATE OF OREGON, by and through its Department of Transportation By City Mayor/Manager By Executive Deputy Director for Highways By City Recorder Date APPROVAL RECOMMENDED Date By Tech Services Manager/Chief Engineer :~PRe~ SUFFICIENCY City Attorney Date Date h ...1 ~-c)6-" By Right of Way Manager APPROVED AS TO LEGAL SUFFICIENCY Date By Assistant Attorney General By Region 3 Manager Date Date 5 ....-r-.-..-..-........-..... _. ~ -=::>--Z----<===C AVlO --a:c~ I rI l;=Y~ I ~u 3I\V Iii -; -Ji= . 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