HomeMy WebLinkAbout2005-0802 Council Mtg Packet
Council Meeting Pkt.
BARBARA CHRISTENSEN
CITY RECORDER
CIT'f Of
ASHL~AND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 2, 2005
Civic Center Council Chambers, 1175 E. Main Street
6:30 p.m. Executive Session: Negotiations regarding.~BEW~Electrical Union pursuant to ORS
192.660(2).
7:00 p.m. Regular City Council Meeting
I. PLEDGE OF ALLEGIANCE:
II. ROLL CALL:
III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of July 19, 2005;, Executive
Meeting Minutes of July 19, 2005; Hospital Board Annual General Meeting Minutes of July 19,
2005. [5 minutes]
IV. SPECIAL PRESENTATIONS & AWARDS:
1. Mayor's Declaration to Commemorate Hiroshima Day (August 6th) and Nagasaki Day
(August 9th) [5 minutes]
V. ' CONSENT AGENDA: [5 minutes]
1. Minutes of Boards, Commissions and Committees.
2. Confirmati6ncof'Mayor's appointment of Jennifer Henderson to the Housing Commission
for a term to expire April 30, 2007.
3. Confirmation of Mayor's appointment of Dan Maymar to the Forest Lands Commission for
a term to expire April 30, 2008.
4. Confirmation of Mayor's appointment of Dan Mackin to the Ad Hoc Ashland Fiber Network
Options Committee and for appointment of Russ Silbiger as Council Liaison.
5. Confirmation of Mayor's appointment of Alan Bender to the Traffic Safety Commission for
a term to expire April 30, 2006.
VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of
a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a subsequent
meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC 92.04.040})
(None)
VII. PUBLIC FORUM: Business from the audience not included' 6rfthe~agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or Iless, depending
on the number of individuals wishing to speak.) [15 minutes maximum]
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VIII. ~IISHED BUSINESS:
(None)
IX. NEW AND MISCELLANEOUS BUSINESS:
1. AFRCA Technical Committee's response to USFS DEIS. [1 hour]
2. Approval of Personal Services Contract for LaQd Use Ordinance Review. [15 minutes]
3. Approval of Personal Services Contract for Planning Department Organizational Review.
[15: minutes]
X. ORDINANCES. RESOLUTIONS AND CONTRACTS:
1. Reading by title only of "A Resolution Setting the Time and Place for a Public Hearing on
the Withdrawal of Certain Real Property from Jackson County Fire District No.5; and
Directing Publication of Notice as Required by ORS 222.524 (Pacific Western of Medford,
LLC, Annexation, end of Clover Lane). [5 minutes]
2. Reading by title only of "A Resolution of the City of Ashland Annexing a Contiguous Area
to the City of Ashland, Oregon, and Providing for an Effective Date (Pacific Western of
Medford, LLC, Annexation, endof Clover Lane). {10-15 minutes]
XI. OTHER~ BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS:
1. Councilor Amarotico's request for the City to consider a Resolution regarding the
Endangered Species Act. {10 minutes]
2. Request from Councilor Silbiger and John Gaffey for council to use authority to put
Charter amendment Prohibiting City Ownership, Operation of Telecommunications, Cable
Television on the upcoming ballot. [15 minutes]
XII. ADJOURNMENT:
REMINDER
A Study Session will be held at noon on Wednesday, August 3
in Council Chambers: Topics of discussion will include: 1)
Review of Lithia Parking Lot Affordable Housing Proposals.145
minutes + continuation]
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).
.. ---------- -.....,....
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ASIILAN[) ('l'f)' COlJNC:IL MEE~'rING
JULY 19, 2005
PAGElofl0
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 19,2005
Civic Center Council Chambers, 1175 E. Main Street
'\ '
CALL TO ORDER
Council Chair Kate Jackson called the meeting to order at 7: 15 p.m.
ROLL CALL
Councilor Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
Mayor Morrison was absent.
. APPROVAL OF MINUTES
The minutes of the Regular Council Meeting of June 21, 2005 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Electric Director Dick Wanderschied offered an explanation of the "Power Shift" program,2nd:anaward
for the program was presented to the City of Ashland by the Bonneville Power Administration.
Presentation by Charter Review Committee and Final Report to City Council.
Members of the Committee John Enders, Carole Wheeldon, Laurie MacGraw, Pam Marsh, Don
Montgomery, Michael Riedeman, Hal Cloer and Staff Liaison Ann Seltzer presented the committee's final
report to the council.
Co-Chair Enders briefly explained the amount of time and work that went into the final report. He stated
that the committee had ten recommendations for the Council to consider for ballot placement; the report
listed items contained in the current Charter that the committee has agreed should be removed, and stated
that the committee has recommended further study into two areas. Mr. Enders requested that the council
dissolve the committee upon the completion of their report.
Committee Member Pam Marsh noted the areas that the commission focused on, which included "house
keeping" issues. These issues included: Mayor-manager relationship, Mayoral veto/ability to vote on
council issues, appointment of city commission/con1l11ittees, election of city council position~" election of
city recorder, election of municipal judge, election/power. of the Parks Commission and related issues, and
City and council salaries.
The key recommendations from the commission are as follows:
1) That the City of Ashland should be governed by a partnership between the elected mlayor (the
political leader), a city manager (the administrative leader), and the council (the legislative body).
The commission felt that the elected officials are charged with responsibility for devdoping policy
and the city manager should implement that policy. The manager's administrative power should
be expanded to include staff supervision (hiring, firing and general accountability).
2) The Ashland Mayor should vote on all issues before the council; at the same time, the mayor's
veto power should be eliminated. If approved, the mayoral vote will eliminate an anomaly in the
existing charter. Under current conditions, the council is allowed to meet if three m4~mbers plus
the mayor are present. In this circumstance, as few as two COUt1~~!.~~~bers can constitute a
majority. If the mayor becomes a voting member, at least three votes will be required to approve
any measure.
3) The current position for selecting council members should be eliminated in favor of citywide, at-
large elections in which the top three vote getters win the council seats at issue
AS}ILAND C]TY COUNC:IL ME[~'rING
JULY I9. 2005
P A OE 2 of ] 0
4) The Ashland City Band should be retained in the charter; however funding language should be
removc;:d and budget issues delegated to the Citizen's Budget Committee. The commission
recomrnended that the Band be placed under the authority of the Parks and Recreation
Depart:ment.
5) The city council should convene a citizen-based Charter Review Commission at least every 10
years.
Committee Me]mber Carole Wheeldon spoke regarding charter clean-up and explained that there are
numerous items in the current Charter that are superseded by State law and can be removed. She stated
that retaining the language would have no bearing on the Charter and clutters the document with
unnecessary language.
Ms. Wheeldon presented the following examples of clean-up items:
1) Article IV Section 2 - Duties of the Mayor
2) Article VI Section 2 - Powers and duties of Recorder
3) Article IX - Special powers of the council
4) Article XIV Section 2 - Monthly report of the court to city council
Committee Me]nber Michael Riedeman presented the items recommended for additional study, which are:
1) Judge and Recorder, and 2) Public Utilities (water language), Hospital and Cemetery.
Mr. Riedeman noted the concerns regarding the Recorder's treasury duties and also the lack of mandatory
qualifications fi)r this position. In regards to the Municipal Judge, the concerns were regarding the salary
for this position.
The committee also recommended that the Council further study and clarify the language in Article XVI,
Section 2 regarding the Water Works provision. Concenls regarding the current language were brought to
the attention of the committee and it was noted that the City Attorney had prepared alternative language for
the Council to consider. It was noted that the committee did feel they had adequate time to review and
understand the particulars and that the language associated with the selling of water would be best handled
by the Council.
In regards to ,the Hospital and Cemetery provisions, the committee felt it was important to include a
reference to these items; however they did not have a full understanding of the relationships as they exist
today and felt it appropriate for the Council to addresses these two provisions.
Committee Mernber Don Montgomery presented the suggested next steps for the council:
1) Voter awareness campaign (first priority)
2) Ballot language
3) Additional research committees
4) Develop timeline
He made severa.l suggestions on how to engage voter awareness, noted the need to work with consultant to
draft the charter language, noted the need for a time line, and invited the Council to seek the committee
members for help or advice. '. ,,~....-.__i
Mr. Enders concluded the presentation by giving thanks to City staff.
Art Bullock/791 GlendowerlDistributed the ashlandconstitution.org newspaper to the Council. Mr.
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JULY] 9.2005
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Bullock explained the organization's goal and stated that their work has been a parallel process to the
Charter Review Committee. He noted the number of people involved and the variety of activities they had
organized, including dialogue sessions, conversation cafes, and support surveys. Mr. Bullock stated that
the result of this process has produced five specific amendments that should be added to the current
Charter:
I) Articulate seven core values guiding city government,
2) Establish an Ashland Code of Ethics for public servants,
3) Revamp the public forum process,
4) Public interest vote, the purpose of which is to give a voice to the "silent majority", and
5) Process of condemnation of private property and LIDs
Mr. Bullock requested time at an upcoming meeting to present these five draft amendments and to present
the results of the survey regarding the charter committee's recommendations. He also noted that his
organization had studied the water rights issue and their results are listed on their website and in the paper
distributed to the Council.
Pam Vavra/2800 Dead Indian Memorial Road/Spoke regarding her high regard to the committee:,,;
members and staff for their work in this process. Ms. Vavra requested the need for clearly specified
criteria on which to base decisions on which items should be considered, how they would be prioritized
and how to decide on which ones to place on the ballot. She stated that this criteria was lacking from the
committee's process and hoped that the council incorporated it into theirs.
Council voiced their appreciation of the committee. When asked why the committee did not recommend
IRV to the Council, Mr. Enders explained that the committee did not have consensus on this issue and did
not have enough information to feel comfortable making this recommendation to the Council. Mr.
Riedeman added that, in general, the committee found the idea ofIRV intriguing, however there were
certain concerns including the conflict with state law and budgetary implications that prohibited the
committee from making this recommendation.
Mr. Enders requested that the committee be disbanded. Request was made by to postpone th(~ formal
disbandment of the committee until the Mayor is present, and suggestion was made to take formal action at
an upcoming Study Session.
Councilor Amarotico requested that the Endangered Species Pledge be. postponed until the ll(;:xt agenda
and council agreed.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Liquor License Application from Susan Powell dba Pilaf Restaurant at 18 Calle G1Jlanajuato.
3. Annual Approval of Renewals on Liquor Licenses.
4. Bid Award for Replacement Ambulance.
5. Authorization to dispose of surplus property in excess of $10,000 for two fire engin~~s.
6. Request for an easement for a Residential Gas Service across Parks Property.
7. Approval of a Personal Services Contract for Police Consultant Services.
8. Agreement for Services with Rogue Valley Public Television.
9. Confirmation of Mayor's appointments to the Ashland Fiber Network Options COInmittee.
10. Confirmation of Mayor's appointment of James Olney to the A!~}~~~Fiber Network
Programming Committee for a term to expire April 30, 2007.
11. Confirmation of Mayor's appointment of David Chapman as council liaison to the Bear Creek
Greenway Committee.
12. Confirmation of Mayor's appointment of Christina Lacy to the Bicycle & Pedestrian
ASHLAND ('1'j")' COL;NC]L I\'U~F~TIN(;
JlJL Y 19, 2005
PAGE 4 of 10
Commission for a term to expire April 30, 2006.
Councilor Amarotico requested that Consent Agenda item #3 be removed for discussion and Councilor
Hartzell requested that Consent Agenda item #9 be removed for discussion.
Councilor Hardesty/Chapman m/s to approve Consent Agenda items #1, #2, #4, #5, #6, #8, #10, #11,
and #12. Voice: Vote: all AYES. Motion passed.
Councilor Hartzell/Chapman mls to approve allowing Councilor Amarotico to abstain from
Consent Agenda item #3 due to conflict of interest. Voice Vote: all AYES. Motion passed.
Councilor Hartzell/Chapman m/s to approve Consent Agenda item #3. DISCUSSION: City Recorder
Barbara Christensen briefly explained the process used for approving Liquor Licenses. Voice Vote: all
AYES. Motion passed.
Councilor Jackson noted that one of the six candidates selected by the Mayor has asked to be removed, so
the item before the council is to confirm the remaining five candidates to the AFN Options Committee.
Councilor Hartzell requested postponing this item until she has had time to consult with the Mayor and
stated that she was not comfortable with the make-up of the committee. Councilor Jackson provided an
explanation of how the Mayor came to this selection of members. Comment was made noting that
originally, there were only suppose to be five members on the committee and support was voiced for
moving ahead with the appointment.
Former Mayor Catherine Shaw addressed the Council and stated that it is the job of the Mayor to
appointment committee members, and if a councilor does not agree with his selection, they should vote no.
Councilor Silbjiger/Chapman m/s to approve Consent Agenda item #9. DISCUSSION: Councilor
Hartzell responded to Ms. Shaw's remarks and stated that she was not willing to support the proposed
committee. It was suggested that Councilor Hartzell speak to the Mayor about appointing a sixth member
to the committee. Support was voiced for allowing the Mayor to appoint one more person if he so chooses.
Voice Vote: Councilor Amarotico, Silbiger, Jackson, Chapman, YES; Councilor Hartzell and
Hardesty, NO. Motion passed 4-2.
CouncilorChapman/Silbiger mls to approve Consent Agenda item #7. Voice Vote: all AYES.
Motion passed"
PUBLIC HEARINGS
1. Continuation of Public Hearing of Planning Action 2005-008 - Annexation, Comprehensive
Plan and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of
Ashland Zoning E-l (Employment) for an approximately 1.6 acre parcel located at 593
Crowson Road. The portion of the parcel adjacent to Crowson Road is proposed in the
Residential Overlay (R-Overlay) that allows a residential component and in the Detail Site
Review Zone which requires additional building design features.
Public Hearing: Re-Opened: 8:38 p.m.
Senior Planner l\1aria Harris addressed the Council and noted that the app!!~~and the neighbor who had
voiced objection at the last hearing had come to an agreement. Ms. Harris noted the two additional
conditions recornmended by Staff and requested that the Council include these if they choose to approve
the application.
ASHLAND errv COUNC]L f\lEI:'j'ING
JlJL\' 19,2005
PAGE 5 of 10
Alan Harper/717 Murphy Rd, Medford/Attorney for the Application/Stated that after extensive
negotiations between the applicant and the Bustamante's, they were able to come to an agreeITLent and
submitted into the record the statement from the Bustamante's, withdrawing their objection to the
annexation. Mr. Harper provided a brief explanation of the elements in the agreement.
'\
Cody BustamanteN oiced his support for the agreement reached.
It was noted that the agreement had not yet been submitted to Staff and questioned if it would become part
of the record for this Planning Action. Mr. Harper stated that he had no objections to providing 'this to
Staff.
Public Hearing Closed: 8:41 p.m.
Continued Council Deliberation
Comment was made that the Council was not required to approve an annexation just because :it meets the
criteria; however support was voiced for this approval.
Councilor Hartzell/Amarotico mls to approve the application for Annexation, Comprehensive Plan
and Zoning Map change in P A 2005-008 with the three attached conditionS recommended by the
Planning Commission on March 8, 2005; Condition #4 and #5 as stated in the Councill\tlemo;
Condition #6 be compliance with the agreement that was presented by the applicant tonight. Voice
Vote: all AYES. Motion passed.
2. Public Hearing re Adoption of" A Resolution Levying Special Benefit Assessments in the
amount of $415,847.98 for the Strawberry Local Improvement District for Improv<<:~ments to
Strawberry Lane, Scenic Drive, Nutley Street, Alnutt Street and Westwood Street consisting of
Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements."
City Engineer Jim Olson explained that the purpose of this public hearing was to hear any objections in
regards to the formation and final assessment of the Strawberry Local Improvement District. Mr. Olson
presented a brief background regarding this LID and noted that the development of the Strawberry
Meadows Subvision and aided in this project.
Mr. Olson presented the one comment that was submitted by Linda and Barry Katzen voicing objection.
He noted their concerns and explained his prepared response, which is included with the Council Memo.
Public Hearing Open: 9:03 p.m.
Public Hearing Closed: 9:03 p.m.
Councilor Chapman/Amarotico mls to approve Resolution #2005-29. Roll Call Vote: Councilor
Hartzell, Silbiger, Jackson, Chapman and Amarotico, YES. Councilor Hardesty, NO. Motion
passed 5-1.
PUBLIC FORUM
Daniel Rueff/240 Ohio Street/Noted that he had organized a rally in support of Police Chief Mike Bianca
and stated that Mr. Bianca was the best Chief of Police the City ever had. Mr. Rueff stated that a police
officer tried to hit him with a police car during a peace rally, and stated ~would continue to fight for
Police Chief Bianca.
Albert Pepe/321 Clay Street #21/Spoke regarding continued development of open space and annexation
of large parcels of land into the city for development. Mr. Pepe stated that he moved to Ashland because
.- _.-_.--_."'-
ASLILAND ('1'1'')' ('()UNC:j L MI~[~'rING
JULY 19,2005
PAGE 6 of 10
of its community feel and that the City will lose that by annexing large parcels of land. He noted the
division of class lines and stated that it is getting very difficult for families to afford to live here. Mr. Pepe
requested that the 10 acre parcel located on Clay Street remain open space.
Pam Vavra/2800 Dead Indian Memorial RoadlRequestedJhat the council pass a resolution to place the
IR V proposed charter amendment on the ballot. Ms. Vavra clarified that they are not being asked to
support IRV, only to place it on the ballot and let the voters decide. She noted that the Charter Review
Committee rect::ived more comments on the need for IRV than comment received on all other issues
combined, and requested the Council's help to place this issue on the ballot.
Catherine Shaw/886 Oak StreetlExpressed support of placing the IRV on the ballot. She stated this was
not about putting policy to a vote of the people, but was simply about putting to the vote how policy
makers would be elected. Ms. Shaw asked the Council to allow the proponents ofIRV to present their
case to the voters and to let the voters decide if this is something they support.
Marilu Johnson/ll02 Holton Rd, TalentlExpressed her support for IRV and read an article which
supports alternative methods for electing candidates.
Councilor HardestylHartzell mIs to have a discussion on IRV under Unfinished Business.
DISCUSSION: Objection was voiced to placing this under Unfinished Business, which would place it in
front of other items, already on the Agenda.
Councilor Hardest ylH a rtzell amended motion to place the discussion on IRV under Other Business
from Council1V1embers. Voice Vote: all AYES.
Voice Vote on amended motion: All AYES.
Bruce Davis/4Jl20 Douglas Blvd #306, Granite Bay, CAJRepresenting the LLC that owns Siskiyou
Village, stated that the Crowson Road Business Park has created a conflict. Mr. Davis provided a brief
explanation of his issue and noted that he had submitted a letter to the developer of the project requesting
that they split some of the costs.
Council questioned if this issue should have been voiced during the public hearing. City Administrator
Gino Grimaldi stated that Staff would work with Mr. Davis and report back to the Council.
UNFINISHED BUSINESS (None)
NEW AND M][SCELLANEOUS BUSINESS
1. Adoption of Findings and Fact and Conclusions of Law for Planning Action 2004-150-
Unitarian Universal Fellowship Church - 87 Fourth Street.
Councilor Silbiger requested two modifications to the Findings:
Section 2.3 - Amend sentence to read "The Council finds that the addition of five spaces is an
improvement ill the non-conforming parking situation given thatthe,sanctuary will not be expanded."
(and delete the remainder of the sentence "...and services and secondary church activities will remain at the
same level as current services and activities")
..~_..-.'~_.,..
Section 2.6 - Amend sentence to read "Since the social hall addition will not result in a change in the
size of the sanctuary, the material effect on the surroundillg lIeighborhood should remain similar to
current levels."
ASHLAND (Try COliNCIL MI:ETlNG
J1Jl,Y ] 9. 2005
PAGE 7 of 10
Comment was made regarding the language in the Findings pertaining to the sanctuary being the
equivalent of nine houses. It was clarified that this language was used in the applicant's materials as well
as the Staff Report; in addition, the Conditional Use Criteria requires that the proposed use be compared to
the target use.
Assistant City Attorney Mike Reeder clarified for the Council that the Findings were prepared by the
Planning Staff, and reviewed and edited by the Legal Department. City Attorney Mike Franell stated that
he did not feel the conditions would be confusing for future councils, but suggested that at sorne point in
the future the applicant may come back and apply to have the conditions changed or removed because they
are so restrictive.
Councilor Amarotico/Silbiger mls to approve Findings for PA 2004-150 with proposed ~lmendments
by Councilor Silbiger.
Councilor HartzelIlAmarotico mls to allow Councilor Chapman to abstain. Voice Vote: all AYES.
Motion passed.
V oice Vote on original motion: all AYES. Motion passed. '
2. Discussion of Electric Rate Increase.
Electric Director Dick Wanderschied explained that the city has a 10-year Power Sales contract with
Bonneville Power Administration (BP A), and stated that this contract runs from October 2001 through
September 2001. The first five years of the contract included a 5-year rate period of which the final year
commences on October 1,2005.
Mr. Wanderschied explained that in the budget, the city estimated that the whole sale power eost would go
up by about 3.3% and Staff included a 5% rate increase and a 10% reduction in the BPA surcharges as part
of the budget. It was noted that this issue came before the Council at their June 7th meeting, but was pulled
from the Agenda with the Council request to look at an AFN subsidy that was outside of the electric rates.
In addition, a recent court ruling was noted in which could increase Bonneville's costs by approximately
$70 million dollars a year. BP A has appealed that ruling and should find out w~ether the ruling will be
overturned in the next week.
Given the situation, Staff recommended that the City postpone the electric rate increase and lleave the rates
at their current level until the BP A informs the City of the CRAC levels for October 2005. Once the City
has been given this information, Staff will return to council with an appropriate electric rate increase. Mr.
Wanderschied noted the Council's two options, which are outlined in the memo, and stated that the main
disadvantage to having no increase, is that it will affect the General Fund by roughly $90,000. He again
stated that Staff believed it would be most appropriate to leave rates as they are until more information
from BP A is received.
Finance Director Lee Tuneberg stated that he supports postponing the rate increase at this tin1e and waiting
for more information. He stated that it may not have end up having an impact on the budget,. but would
like to have the opportunity to come back later in the year and proposed a rate increase if they see a change
in the costs.
,~~.-.~_.;
....-...
Council agreed to Staffs recommendation to hold off on the rate increase and to bring this issue back to
the Council in the fall.
3. Council Consideration of Citizen Request for Council to call up Planning Action no. 2005-00328
on Appeal.
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JUL'y' 19. 2005
PA(iE 8 of 10
City Attorney :tvlike Franell presented the Staff Memo and stated that this was before the council upon
request from a citizen. He explained that the Council could only call up an action within 15 days of the
findings being adopted and mailed, and stated that if the Council wished to take action they would need to
do so tonight.
Mr. Franell provided an explanation of the issues raised by Mr. Swales, one of which being whether
Commissioner KenCairn had an actual conflict of interest in Planning Action 2005-00328. Mr. Franell.,
stated that KenCairn did declare a potential conflict of interest at the hearing. He noted Ms. Kencairn
served as the Landscape Architect when the initial building was constructed, but that this portion of the
landscape was installed over a year ago and the Legal Staff did not feel that this created a direct conflict of
interest.
Mr. Franell noted that concern has been raised regarding KenCairn's contractual relationship with Archerd
& Dresner and whether or not this presented an actual conflict of interest given that they list her as a team
member on their website. Mr. Franell stated that Legal did not find that this was an actual conflict, and
explained that it: would only have be an actual conflict if she were the Landscape Architect on the
application being presented to the commission. Mr. Franell clarified that in these situations, the potentialC'~ ~
conflict needs to be declared at the hearing, but if no one challenges her ability to make an unbiased
decision, that dt;:fect is waived. In this instance, there was no challenge to her ability to make an unbiased
decision.
Councilor Hartzell/Amarotico mls to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Mr. Franell noted the interpretation regarding the definition of a motel. He stated that the Hearings Board
decided that the application met the definition of a motel, however it was an interpretation and the council
does have the option to call this issue up due to the policy implications.
Mr. Franell clanlfied that a citizen has the right to request that a hearing be moved from the Hearings Board
to the Planning Commission, but Staff is not required to accommodate their request. In this instance, Staff
reviewed the potential implications and determined that given the work load that the planning commission
had, they did not feel they could move this to the Planning Commission.
Colin Swales/41S1 Allison Street/Stated the conflict of issues is just~~p,~atld noted the importance for
the Hearings Boards process to be fair and equitable. Mr. Swales noted a memo from Planning
Department employee, indicating that it is common practice for commissioners to fill in for one another on
the Hearings Board. He stated that the powers & duties of the Hearings Board do not allow them to hear a
CUP application on a new commercial building, and stated that half of this building was still unbuilt and
stated that the Hearings Board should not have heard this application in the first place. He added that the
interpretation that a new condo could be turned into a motel with a conditional use permit had huge policy
issues and ramifications.
Kerry Kencairltl/147 Central Avenue/Stated that she was at the Hearings Board because she felt she was
clean. She cOIru:nented on the value of having planning commissioners that understand planning issues,
and stated that the reason she is on the Planning Commission is because she cares about this community
and has an understanding of how projects are built and the ramifications of decisions. She noted the
amount of support she has received from the community, and stated tha~ll}ere are only two citizens who
wish her to step down. Ms. KenCairn stated that her volunteer position on the Planning Commission was a
hard job and stalled that she does not make more money because she is on the Planning Commission; she
actually loses work because of it. Stated that she did state her potential conflict for that planning action,
and stated that she has and will continue to be clean in her process.
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HJL'\' 19, 2005
PAGE <) of]O
Mike Morris1720 S Mountain/Spoke in support of Kerry Kencaim and cited instances where Mr. Swales
has been wrong.
Art Bullock/791 Glendower/Stated that the process being fQllowed does not follow the law, and quoted a
State statute regarding this, which states that the conflict must be declared in writing, it must sent to the
appointing authority, which in this situation is the Mayor and.the Council, it requires that the written
document explain the conflict, and the appointing authority resolves the conflict.
Eric N avickas1711 Faith Street/Stated the Council has an obligation to stop this process and to challenge
what Ms. KenCaim has done. He encouraged the council to reinforce what Mr. Swales has brought
forward.
Gary Turner/l08 N Second Street/Stated that the issue with the hotel was a matter of interpretation, but
both staff and the hearings board agreed that it qualified as a motel. Noted that the commissioner in
question had already offered her explanation and stated that given the record it would be right for the
council to exercise their discretion to take this matter up, but.should let the citizen do so.
Randall Hopkins/Statement was submitted into the record and read aloud by the City Recorder.
Councilor Hardesty/Hartzell m/s that the Council call up P A 2005-00328 on appeal. DISCUSSION:
Mr. Reeder clarified that currently the city code does not have any criteria for how an action gets placed
before the Hearings Board rather than the Planning Commission, other than the limitations that are
imposed on the Hearings Board in the code. He stated that the Hearings Board did have the auhority to
hear the Planning Action in question. He added that currently, it is the discretion of the Planning Staff
whether to move the action before the full commission. Mr. Franell stated that there are many gray areas in
our code and interpretations get made all the time. He stated that just because there is: an interpretation
made, doesn't mean it rises to the level of establishing policy. He noted that the council is not bound by
the the interpretations made by staff or the commission. If the council sees something that they feel does
not meet the intent of the Compo Plan or the code, than it is incumbet upon them to make a change.
Voice Vote: Councilor Harzell, Silbiger, Jackson, Hardesty, and Chapman, YES; Amarotico, NO.
Motion passed 5-1.
Councilor Chapman/Hartzell mls to ask Legal to look at the items presented to the council
regarding Mt. Ashland Expansion and see what their options are for looking at the leasle. Voice
Vote: all AYES.
Councilor Hartzell/Hardesty m/s to continue this meeting to tomorrow's Study Session. Voice Vote
all AYES. Motion passed.
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. Reading by title only of "A Resolution Authorizing the Amendment of the Fire Protection Plans
Review and Inspection Fee Schedule Adopted by Resolution 04-16.
Item postponed to the July 20th Continued Meeting.
2. Reading by title only of "A Resolution Updating the Forest Lands Commission MeJnbership,
Quorum, Powers and Duties and Repealing Resolution 96-21.", -......-:--" .
Item postponed to the July 20th Continued Meeting.
ASHLANI) ('1..11' ('C)I'NCI L i'v1EET'ING
J(JI,V 19, 2005
PAGE lOoflO
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS:
1. Request by Councilors Cate Hartzell and Jack Hardesty regarding Proposed Resolution for
Follow-up to Mount Ashland Expansion Activities.
Item postponed to the July 20th Continued Meeting.
2. Discussion regarding Instant Runoff Voting.
Item postponed to the July 20th Continued Meeting.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
. ~.-- _.~-;:
MINUTES FOR THE ANNUAL HOSPITAL BOARD
ASHLAND CITY COUNCIL
July 19, 2005
Civic Center Council Chambers, 1175 E. Main Street
Council Chair Kate Jackson called the meeting to order at 7:02 p.m.
Roll Call: Councilors Hartzell, Amarotico, Silbiger, Hardesty and Chapman were present.
Ashland Community Hospital Board Chair David Bernard introduced past Board Chair Paul
Nicholson and Hospital Administrator Mark March~tti.
Mr. Bernard explained that the Hospital Board is focusing on updating the strategic plan and
stated that it was important to have strong plan given the complexity of the health care industry.
He also noted the importance of utilizing the new surgery center which will be open next year.
Mr. Bernard announced that the new surgery new wing will be named after fonner Administrator
Jim Watson
Hospital Administrator Mark Marchetti gave report on the status of hospital and noted the past
years continued challenge for health care industry. He noted the downward pressures on revenue,
the high cost of doing business and that although Ashland Community Hospital is strong; it is not
immune to these issues. He explained that with advances in technology there is significant costs
associated with these advancements.
Mr. Marchetti reported that for 2004-05 their revenues were flat and although their costs
increased, they had an overall break-even year. He noted the patient care numbers over the past
year and the number of new physicians that had joined the staff.
Mr. Marchetti explained that they had completed a physician community need study, begun the
surgery expansion, initiated a facility process plan, developed a hospice program for in-patient
care, completed surveys with positive results, developed a charity care policy, approved
acquisition in imaging and awarded grants to various programs. He also noted that they had
recognized 51 employees for many years of service to the hospital.
Mr. Marchetti stated that in the upcoming year, they were working on a long_range strategic plan
and would be looking for better cost control. The goal is to build a strong leadership, facpitate
changes in support of growth, address parking issues, and work with the Hospital Foundation.
The mission of Ashland Community Hospital is to provide high level care in our community.
Meeting adjourned 7:16 p.m.
Respectfully submitted,
Barbara Christensen
City Recorder
. --------.....--...
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL · 20 EAST MAIN STREET. ASHLAND · OREGON 97520
TEL [541] 488-6002. FAX [541] 488-531 1 · TrY 800 735-2900
MORRISOJ@ASHLAND.ORUS · WWW.ASHLAND.OR.US
August 2, 2005 City Council Meeting
Mayor's Declaration to Commemorate Hiroshima Day (August 61th)
and Nagasaki Day (August 9th)
Every year on August 6, the city of Hiroshima holds a Peace Memorial Cerernony to
pray for the peaceful repose of the victims, for the abolition of nuclear weapons, and for
lasting world peace. During that ceremony, the mayor issues a Peace Declaration
directed toward the world at large. As long as the need persists, Hiroshima's l'Tlayor will
continue to issue these declarations calling for the elimination of nuclear weapons from
the face of the earth. This is part of Hiroshima's effort to build a world of genuine and
lasting world peace where no population will ever again experience the cruel
devastation suffered by Hiroshima and Nagasaki.
Let us hope that the horrors inflicted on the cities of Hiroshima and Nagasaki in 1945,
60 years ago, will never again be visited upon future generations.
Every person can move the world in the direction of peace through their daily nonviolent
choices. Ashland, as a member city of the Mayors for Peace, continues to promote
peace and strive for a world without nuclear weapons.
The annual Peace Vigil, organized through Peace House, is bein9- held on the
downtown Plaza from 8 a.m. on Saturday, August 6th until 11 :02 a.m. on Tue.sday,
August 9th.
John Morrison
Mayor of Ashland
CITY OF ASHLAND INCORPORATED 1874
Ashland Traffic Safety Commission
Minutes
~ May 26, 2005 ~
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Members Present: David Chapman, Pam Hammond, Keith Massie, Doris Mannion, Russ Silbiger,
Terry Doyle
Staff Present: Jim Olson, Dawn Lamb, Officer Steve McC:lennan
Members Absent: Colin Swales, Noal Preslar, Patti Busse
I. CALL TO ORDER
II. APPROVAL OF MINUTES: April 28th Minutes approved with changes.
III. ITEMS FOR DISCUSSION:
A. PUBliC FORUM ITEMS:
B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED
1. Parking Prohibition on Takelma Way at Clay Creek Drive
David Dotterrer, president of the Clay Creek Homeowners Association requested that parking be
prohibited near the intersection of TakelmaWayand Clay Creek Way and that speed humps be
installed on Takelma Way at two locations.
The streets within the second phase of the Clay Creek Gardens Subdivision are all 22 feet wide with
parking on one side. There are a number of curve points, intersection offsets, and reverse curves
designed into the street alignment to discourage speeding traffic. There is also a traffic circle at the
intersection of Takelma Way and Jaquelyn Street to further discourage speeding along the straight
section of Takelma Way. The narrow streets, combined with one-sided parking further restricts traffic
to prevent speeding. The entire subdivision design is aimed at calming traffic.
There is not a current speed study in this area, but it is unlikely that a significant speeding problem will
be shown. In subdivisions such as Clay Creek Gardens, we find that the average speed is generally
well below 25 MPH, but the narrow streets and close confines give the impression that vehicles are
traveling much faster than they actually are. Traffic classifiers will be installed on Takelma Way and
Clay Creek Way (east end) to see if a problem does exist. The City has not adopted the installation of
speed humps as an acceptable traffic calming measure. There are far too many nel~ative impacts.
The interseGtion,ef Takelma Way and Clay Creek Way is offset along Takelma Way by approximate l&;;~F':,;--;~~'
feet. While the offset does serve to slow traffic through the intersection it also provides a vision
problem for traffic traveling southeast on Clay Creek Way and turning onto Takelma Way. Parking is
prohibited on the south side of Takelma Way and on the southwest side of Clay Creek Way. When
vehicles are parked on the north side of Takelma Way, east of Clay Creek Way, vision is obscured eveo
further.
A parking prohibition on the north side of Takelma Way and continuing around Clay Creek Way to the
crosswalk would eliminate only one full parking space, but would significantly improve the view of
traffic approaching from Tolman Creek Road.
Staff recommends that a parking zone be established at this location at 2737 Clay Creek Way,
extending from the existing no parking zone at the firehydrant t,~J19rth of the crosswalk including
115 feet of curb frontage. ..._...
Discussion:
Olson reported that these new subdivisions have been designed with traffic calmin~~ in mind. The
angles of the corners and other features encourage slower speeds. The narrowness"ofthe streets
C:\DOCUME-1\berteauf\LOCALS-1\Temp\May 26 05.docPage 1 of 6
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gives an impression of speed because of the closeness to the vehicles. Speed studies done in this
subdivision have proven it to be the slowest speeds recorded in a subdivision in the City. The speed
study showed an average speed of 16.9 MPH at Takelma and Tolman Creek Road and 16.5 MPH at
Clay Creek and Mickelson Way. The study was done over a 48 hour period. The top speed recorded
was 28 MPH. Olson suggested some enforcement, but would not endorse the installation of speed
humps. The City has not had success with the use of speed humps.
The intersection of Takelma and Clay Creek Way intersection does have a vision clearance issue when
vehicles are parked up to the corner. Because of the off-set of the intersection it would be safer to
create maneuver room around the corner. Creating a ~15 foot parking prohibition would loose about
one and a half parking spaces, but open up visibility.
John O'Brien, 2737 Takelma Way, lives at the house adjacent to the considered parking prohibition. He
agrees that it is hard to see around the corner and does worry over the presence of children and the
blind corner. He only asks that the commission consider that many of the residents do utilize their off
street parking. There will be an inconvenience to his wife and himself if the prohibition is put in place.
The commission shared copies of the maps delineating where the beginning of the prohibition would be
and where it would end. O'Brien discussed the location of the prohibition with the Commission. The
". "m,ap showing the prohibition was adjusted from the request to end just past the c[osswalk.~instead of at
O'Brien's property line. Olson wanted to give the crosswalk more clearance.
Chapman had observed a truck parking in the area and asked if it belonged to O'Brien. The truck
belongs to O'Brien's renter in the house next door. He made the owner aware of the complaints and
has had positive results from the owner. Olson would like the prohibition to be at least five feet past
the crosswalk for better pedestrian visibility. O'Brien felt parking in the crosswalk could be monitored
by the neighbors. Chapman observed people crowding the crosswalk today, O'Brien said he had talked
with the vehide owners. Mannion commented that there is a lot of parking on Takelma Way and feels
a lot of parkin~~ comes from the rental house on the corner, after some discussion it was discovered
that Mannion and O'Brien were not referring to the same house. Massie suggested keeping the
prohibition shorter and see if that works for visibility and if the problem persists we can revisit the
situation. We can make the homeowners association aware of our decision. Doyle was cautious that
drivers would find it easier to speed if the corner was more open. Olson felt the offset design of the
street would still deter speeding.
Decision:
Massie moved to accept staff recommendation with.'painted curb to delineate parking prohibition, but
create a somewhat shorter area than depicted on the maps; distance is up to the discretion of staff.
Doyle was not fond of having people park right up to the crosswalk. O'Brien asked if a couple of feet
of prohibition on each side of the crosswalk would be adequate. That would still allow them to have
off-street parking in front of their house. Motion dies due to lack of second.
Massie motionled to install a parking prohibition from the alley to the crosswalk on Clear Creek Way and
not five feet beyond. Hammond seconded the motion. Vote passed unanimously.
2. Traffic Concerns in the Alley Between Van Ness & Hersey Streets
Mr. Denis Hofer, 264 Van Ness Avenue contacted the Engineering Staff regarding his complaint of
excess and speeding traffic in the alley between Hersey Street and Van Ness Avenue and of speeding
traffic on Van Ness Avenue. Mr. Hofer has requested assistanc~jllJimitjng traffic in the alley and to
slow traffic on Van Ness Avenue. ....~.", ,.
Van Ness Avenue is a local neighborhood street connecting to North Main Street with Oak Street, and
includes intersl~ctions with Skidmore Street, Laurel Street, Helman Street and Water Street. There are
two four way stops located at Laurel Street and at Helman Street and with stops located at each end of
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Van Ness at North Main Street and at Oak Street. The street is mostly 36 feet wide except the Helman
to Oak Street section with parking on both sides of the street. The street passes through an older
residential neighborhood with a conventional combination of off-street and on-street parking. The
traffic volume rages from 1693 VPD near North Main Street to 2155 VPD near Laurel Street. The
posted speed limit is 25 MPH.
The alley located between Hersey Street and Van Ness near the Skidmore Street intersection has a
right of way width of 16 feet and is 415 feet long. The alley is paved to a width of 1.0 to 12 feet and is
intersected at right angles by a second alley, which extends to Laurel Street. There are several higher
density residential developments that use the alley as their sole access.
Because of the narrow alley widths, the gO-degree turn onto or from the intersectin~J alley is difficult
and can only be made with caution and at a slow speed. The alley has a very low traffic volume of 42
VPD.
A recent 48-hour count on Van Ness showed an average speed of 20 MPH and an 8Sth percentile speed
of 26.7 MPH. Our records do not indicate any unusual traffic problems on the street nor an abnormal
crash rate. It appears that Van Ness Avenue is functioning well and no additional remedies are
recommended.
The alley has a very low traffic volume, however, Mr. Hofer would like to restrict the traffic even
further. Unfortunately, the alley is a public way and is subject to use by the public at large. There is
no legal means by which the traffic can be restricted to adjacent residents. The spe~ed limit within
alleys is set at 15 MPH however, due to the extremely narrow width and the closenE~ss of the buildings,
even 15 MPH may seem too fast. Unfortunately, the 15 MPH speed limit is set by State statute and is
not subject to change. We do not have a current analysis of traffic speeds on this alley, but random
personal observations have not indicated speeding is a problem.
Staff does not make recommendations for changes on Van Ness Avenue.
Although we have found that installation of speed signs have little impact on the speed of vehicles, the
signs may be beneficial to police officers in the enforcement of speed laws. Staff would have no
objections to the p.lacement of two 15 MPH speed signs in the alley.
Discussion:
The alley is the only access for some multi-family units. The set back for some of tlhe buildings is only
10 feet from the alley making any traffic seem overwhelming in number and speed. The design of the
buildings is very close. The set speed for alleys is 15 MPH. The speed even at 15 r~PH could appear
much faster in the close confines of the alley. There is not much to be done to slow traffic. The
intersecting alley creates a 90 degree turn that no vehicle could make going faster than 15 MPH.
The speed study done on Van Ness did not show any speeding problems. No traffic calming devices
are suggested on Van Ness.
Olson suggested speed signs be placed in the alley. This would make drivers aware of the speed who
may not know that the speed is 15 MPH and it will also make it easier for police to enforce the speed.
Massie was concerned that people may actually speed up when they see the speed signs. Olson felt
this could be a problem. There can be no limit who uses the all~~js a public right of way.
Chapman asked Olson to look into the numbers on the speed study. The 85th percentile seems to be
off. Olson will have Smith look at the classifier results again.
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Decision:
Commission made no motion.
3. Review of Planning Actions by Traffic Safety
The City Legal Department has expressed concerns regarding this commission's review of current
Planning Actions. The concern stems from last month's review of the Northlight project in which
several asped:s of the project were discussed that had little impact on traffic safety matters and more
on development possibilities and potential. Review of Issues by this commission should be limited
strictly to those powers and duties, which are set forth in AMC Section 2.26.040 and restated as
follows:
2.26.40 Powers and Duties - Generally
The powers, and duties of the Traffic Safety Commission shall be as follows:
A. To develop and coordinate traffic safety programs;
B. To recommend traffic safety priorities and actions for the City;
C. To hear public comment and advise Public Works on non-routine traffic engineering
problems and actions which require public hearings;
D. To advise the City Council and the City Administrator in the implementation of official traffic
safety activities;
E. To coordinate common traffic safety concerns with the Bicycle and Pedestrian Commission
and other Commissions;
F. To promote public acceptance of official City traffic programs, traffic law enforcement, and
traffic engineering needs;
G. To produce and present safety education programs to the public, and
H. To cooperate with the public and private school systems in promoting traffic safety
education programs.
An example of a recommendation that was made during the Northlight review that is beyond the
purview of the Commission was the motion that was made to recommend that the private parking area
be open to the general public after regular business hours. While this is certainly a worthwhile
suggestion, it is not one that the Commission is empowered to make.
This critical concern stems from the fact that the review of land use issues are strictly controlled and
legallyconstr21ined and are often the subject of appeals by citizens or other reviewing bodies. There
are legal requiirements for advance and extended noticing, planning staff presence,. notifications of
conflicts of interest by Commissioners and other requirements beyond this Commission's normal
meeting procedures. In extreme instances the Commission's review of issues beyond their stated
scope could be construed as an "illegal" public review and could be detrimental to the City should a
project be remanded to LUBA for determination or otherwise be subject to legal review.
Until such time that the City Council wishes to expand the duties and responsibilities of the Traffic
Safety Commission we are cautioned to limit any reviews of any Planning Action very specifically to
Traffic Safety issues only.
Discussion:
Basically this is a reminder of the Commission's responsibilities of being charged to stay within the
realm of traffic safety and not on land use issues. Because of the requirements and legal ramifications
we don't meet: the requirements to present and talk about certajnJss.u,e$. The Commission would need
to restructure the charter and have the revisions adopted by Counarif we do want to discuss land use.
The response from Joe Strahl to Colin Swales via email says a little more about the requirements we
would need to make. If we want to make a recommendation to Planning we need to follow the rules
and do more advertisement and legal notices and invite planning staff to the meeting. There are other
commissions that follow all of the requirements and are'staffed by the Planning Commission
C:\DOCUME-1\berteauf\LOCALS-1\Temp\May 26 05.docPage 4 of 6
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representatives. The Commission needs to decide whether to change our charter or to let it remain as
it is.
Mannion felt that the parking on the personal land was not in our charge, but the public parking lot
with the crosswalks and pedestrians is within our realm.
Chapman sort of agrees, but feels that only one topic we addressed was outside our charge and that
was the parking after hours in the private lot. \
Massie sent the original email asking the commission to look at this planning action, because he felt the
public parking lot and traffic volumes onto side streets was a safety issue we could comment on.
Chapman felt the circulation through the parking lot affects the public lot and didn't remember
specifying their lot. Olson would rather have a planning representative present if we discuss these
items.
Massie felt that if the Planning Staff prepared memos on the topics they would like IJS to consider, than
they could give us their direction to what they would like us to focus on. If memo 'Nas from them
than it would be more comfortable to make recommendations. I have been on the commission for five
or more year and didn't'see a need to develop the charter and have planning staff attend. Silbiger
asked if this was the first time we had reviewed a planning action. Doyle responded by saying we
looked at the Second Street last year and it was just as blatant a land use issue. This was an impact
on the street where people park. Why on this particular item did this come up? Olson commented
that planning issues are so much more closely scrutinized and because of the appecll process our
choices could be used in the process and we did not follow the proper procedure. ~~assie stated that
the Traffic Safety Commission deals A LOT with parking and no where in our charter does it mention
parking concerns. Hammond suggested sending all parking requests directly to the Planning staff.
There is a difference between public and private parking and rights of way, but parking is within our
scope. Mannion felt we should not have gone onto the private land. Doyle said if developers create
traffic and parking then it does impact traffic safety. Siblinger commented that the commission may
have to follow the more stringent procedures. He doesn't see where the charter needs to be changed.
Perhaps a discussion with Planning and Legal staff will clarify what needs to be done to make sure that
we follow all procedures. Chapman felt this should be discussed with all commissioners, not just
Swales. He also pointed out that our charter doesn't address parking and if parkin9 is land use we
should' not deal with it and we dealt with a parking issue tonight.
Olson would like to see clarification and direction. Doyle asked what became of th€lf~arking and transit
committee who should be dealing with the parking issues. Massie felt that plannin~J would want to
pass on some of the parking and other issues to a capable commission. Olson said that McLaughlin is
a little nervous about the appeal process. At the last meeting no one declared a conflict and several of
the members should have. Massie said that if we need to notice that we are talkin~~ about planning -
issues to help out planning commission, we can, but this is first time this has happened.
C. Follow-Up on Previous Actions: no comments.
D. Traffic Safety Education: Chapman attending Oregon Transportation Conference in September.
E. Development Review: No comments.
F. Capital Projects Update - Nevada Street & Downtown Pedestrian Projects were included in a bid
that opened last week. The construction bids came in over 400/0 higher than the budget. There
was only one bid received and staff has determined it would be better to rebid the project in
the fall and hopefully have more interest from the construction' companies.
G. Other
1. Siskiyou Boulevard Improvement- Walker to 1-5
C:\DOCUME-1\berteauf\LOCALS-1\Temp\!v~ar~6 05.docPa~~: of. 6 r
ODOT has $96 thousand dollars for bike and pedestrian improvements in this project. This is
not a large amount of funding. There is a meeting in White City on June 30th if anyone wants
to attend. Staff will be represented. Chapman will send out email of other meeting times.
2. Mental Speed Humps - David Engwicht, very expensive to host this.
3. N. Main Speed Zone Request
4. Downtown Ashland Master Planning Update - The plan is on hold due to overwhelming
response. The planning department has to restructure the public response. It is hoped to
make it more of a facilitator run meeting process. Siblinger says the Council wants this plan
moving along. They would like the plan done within the year. Hammond commented that
downtown businesses would like to see this done soon also.
5. ACTS Mini Grant - The radar board has arrived and will be placed on an interchangeable
pole and used at Walker Avenue first. Olson is meeting with the electrical staff to help
install.
6. City Source Message
7. Miscellaneous Communications - Siblinger asked about the installation of a crosswalk at Oak
and A Streets. Olson replied that this are had once been considered, but because of the
site distance issue caused by the alignment and angle of the street it would be a hazardous
crosswalk.
8. Bike Helmet Education - Massie would like to.continue'withtnisprogram. It was successful
last year and will be doing a formal request for funds next month.
9. Railroad Crossing Improvement - Olson said the final permits were in and it was up to
ODOT to hire a contractor. The cost for the improvements has increased and is near
$200,000 per intersection. The improvements run from $500 a foot up to $1,000 a foot.
The priority will be set by budget and for now it will be E. Main Street the first year, Oak
Street the second year and Walker Avenue the third year.
IV. Adjourned 8:20 PM
,~ ~..--~.-.,;.
.....-.."
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Minutes
AFN Programming Committee Minutes
06/23/05
These Minutes are preliminary pending approval by AFN Programming Committee at the July
28, 2005, AFN Programming Committee Meeting. \ '
MINUTES FOR AFN PROGRAMMING COMMITTEE
June 23, 2005, 5:30 p.m.
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Chairperson, Ed Perkins, called the meeting to order at 5:36 p.m. in the large conference room of the
Community Development Building.
ROLL CALL
Attendees: Ed Perkins, Gary Simms, Pamela Garrett and Budd Gottlieb were present.
Candice Chapman and Marilyn Hawkins were not present.
City Council Liaison: Alex Amarotico
Staff Liaison: Lee Tunebuerg, Mike Ainsworth
INTRODUCTION OF NEW MEMBER
Chairperson Perkins introduced Budd Gottlieb to the Committee and spoke briefly about his baGkground.
APPROVAL OF MINUTES
Chairperson Perkins asked for approval of the May 26,2005 minutes.
Committee member Simms made a motion to approve the minutes of the April 28, 2005 as written, and
Committe~ member Garrett seconded the motion.
Voice vote: all Ayes. The motion passed with-a unanimous vote.
PUBLIC FORUM
None present
OLD BUSINESS
Staff Report-Mike Ainsworth
Mr. Ainsworth announced the launching of Gunty Renker (infomercials) which will produce income for
AFN based on net revenue. The channel will be moved from 97 to 94. He mentioned he would keep
the Committee informed about the financial aspect of the channel.
Mr. Ainsworth reported Wisdom TV now has a new owner and explained there would be changes to
the programming. The members discussed the channel's right to change programminn.
Mr. Ainsworth remarked the AZN, an Asian network voted upon qyjb~~mmittee, will have a contract
period until 2011. ........".._,
Mr. Ainsworth received a request from KBLN to move channel number to a lower number and Mr.
Ainsworth is in discussions with them and the Legal department.
Atn Min 06 23 05
Page 1 ot 3
Revenue GeneratinQ Channels
Chairperson Perkins summarized the last discussion concerning channels that would pay AFN. He
suggested the Committee adopt a policy of reviewing all possibilities for income from these channels
when the opportunity arises. The members felt they would need to review each channel, but would
like recommendations from staff.
Mr. Ainsworth asked the Committee to consider Home Shopping Network, and Shop at Home as
channels that would generate income. Mr. Amarotico remarked about a programming line-up that
would be unique to the City and hopefully not create clutter. The members discussed the pros and
cons of generating channels and ways to get input from the Community.
Plavbov
Mr. Ainsworth announced, due to a Committee vote approximately six years ago, we are now able to
launch the Playboy channel as a premium channel, which will take place around the 1 st of August,
2005.
Volunteer Event
Mr. Tuneberg clarified the event would include both, appreciation for volunteer work, and also an
opportunity for the Committee members to interact with the citizens. The City was hoping to conduct
this event around September. The members disclosed their desire to create an open
house/appreciation day for the public to have an opportunity to talk to the Committee members and
Mr. Tuneberg remarked he would forward their comments to the City.
Also Mr. Tuneberg explained to the Committee, this year the Committee and Commissions will present
a brief summary to the City Council to represent the members and what the Committee has
accomplished or goals for the future.
PUBLIC FORUM,
Jeannie Newfield, Austin Newfield/460 Orchard St wanted to support JCTV and request AFN add it
to their programming. They advocate this good is good for teenagers and young adults.
The Committee reviewed the financial aspect of JCTV.
Mr. Simms made a motion to ask Mike Ainsworth to explore whether there was any technical work or
financial r€'ason we can f add JCTV and to report back to this Committee. The motion was seconded
by Committee member Gottlieb.
Voice vOI~e: all Ayes. The motion passed with a unanimous vote.
NEW BUSINESS~
Mr. Ainsworth announced there would be an AFN booth for the 4th of July and any Committee member who
would like to help staff the booth could contact him.
Mr. Simms remarked the advertisement on channel 20 for adult programming was still being shown during
family viewing time and Mr. Ainsworth replied he would take care of the problem as soon as possible.
Mr. Gottlieb remarked about connecting with the Community more to seek support for AFN. He would like to
meet with other cities to how their facilitate&their cable programming. He expressed concerned about citizens
not realizing the City offers this service. Mr. Ainsworth remarked the customer base for AFN is stronger than
ever, even with ne~Jative press during the past months.
\..~.........-..._>;
.....-...-.
Chairperson Perkins suggested ways for the public to email the Committee with suggestions, be offered on the
web site and maybe some of the channels. He was willing to be responsible for maintaining and
communicating the email to the Committee. Mr. Tuneberg will ask staff to check with Richard Holbo for an
Afn Min 06 23 05
Page 2 of 3
option or way to implement a system that would work to satisfy as many needs as possible. Also, Mr.
Ainsworth suggested more surveys. The members discussed surveys and ways to replace channels within
funding restraints.
CHANNEL AND TIER DISCUSSION
Expired and renewal contracts
Chairperson Perkins asked the Committee to research Shalom TV and Logo TV to consider for programming
choices.
The members discussed HDTV programming for future programming.
NEXT MEETING DATE
July 28, 2005
ITEMS NOT ON THE AGENDA
None presented.
ADJOURNMENT
Meeting adjourned at 7:10pm.
Respectfully submitted by,
Mary McClary,
Assistant to Electric Department
. ----..........._.._~
Afn Min 06 23 05
Page 3 of 3
CITY OF
ASHLAND
Minutes
Conservation Commission
06/22/05
These Minutes are preliminary pending approval by ConselVation Commission at the July
27, 2005 ConselVation Commission Meeting.
June 22, 2005- 7:00 p.m.
Community Development Building
51 Winburn Way
Ashland
CALL TO ORDER
Vice-Chairperson Chapman called the meeting to order at 7:25 p.m. in the Community Development
Building.
ROLL CALL
Attendees: Charles Bennett, Russ Chapman, Joanne Krippaehne, Ross Finney and Paige Prewett. Carol
Carlson, Kate DeWayne, and Jim Hartman were absent.
City Council Liaison: Alex Amarotico-Absent
Staff Liaison: Larry Giardina
Student Liaison: none present
APPROVAL OF MINUTES
Commissioner Chapman commented on the motion by Commissioner Bennett to pay Ashland Sanitary
$500.00 for beginning a program of disposing florescent bulbs and wanted to reflect in the minutes that
Council Liaison Alex Amarotico originally proposed this idea and then was developed by the Commission.
Commissioner Krippaehne made a motion to approve the minutes of May 25th, 2005 and Commissioner
Prewett seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
The minutes of the Conservation Commission Meeting. of May 25, 2005 were approved.
PUBLIC FORUM
Tracy Harding from the Bicycle and Pedestrian Commission announced they were sponsorino Car Free;;
Day, September 22, on a larger scale. Oak Street between Lithia and Main will be closed from 3-8 and
offer different activities. She invited the Conservation Commission to attend the event.
Commission Krippaehne wondered if this even could also be supported' bylhiCites for Climate Protection
capstone project from SOU. The members discussed the possibilities.
CC Minutes 6 22 05
Page 1 of 3
ASHLAND S)~NITARY & RECYCLING UPDATE:
Commissioner Chapman reported there were 14 people that attended the compost class in May and in
June there were 9.
There hazardous Waste event had 57 participants and processed approximately 690 cars between Friday
and Saturday. 115 customers took advantage of the digital thermometers that were donated by the DEQ.
The members discussed the upcoming disposal event of florescent bulbs at Ashland Sanitary that the
Conservation Commission is sponsoring.
OLD BUSINESS
Email Votes
Mr. Wanderscheid wanted to inform the members that voting through the email cannot be done
because the public does not have notice.
Marketinq Strat~
Commissioner Prewett outlined some ideas for the marketing strategy, hoping to align with late
summer for early fall. BEF is actively working to increase a broad residential out reach campaign
for green tags and renewable pioneers. The Commission will sponsor marketing that will coincide
with BEF.
Mr. Giardina reported to the Commission about the lack of attendance for the World Wellness
weekend. The members discussed the event and cost to attend.
NEW BUSINESS .
1. 5-10 minute presentation August 2
2. Elect presenters
Budqet
$.05 cents
City Council PrE~sentation
The members will give a presentation to the City Council on August 2nd outlining the Conservation
Commission and their accomplishments. Charles Bennett and Ross Finney will represent the
Commission.
The members discussed items for the presentation.
SUBCOMMITTI:E REPORTS
1. Historic Conservation
2. Education/Events
Mr. Giardina gave the Commission and update about the solar tour in October explaining they will
need 2 busses this year and they will try to limit the number of people in each home at one time.
3. Green Business
Mr. Giardina reported the Siskiyou Healing Arts and United Bicycle Institute had been designated
as green business. '-;-::;::-::---;
COMMISSIONlITEMS NOT ON THE AGENDA
CC Minutes 6 22 O!5
Page 2 of 3
Next meeting scheduled for June 27, 2005.
ADJOURNMENT
Meeting adjourned at 8:55 pm.
Respectfully submitted,'
Mary McClary, Assistant to
Electric Department
, , --------- _. ~~ :
CC Minutes 6 22 05
Page 3 of 3
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL · 20 EAST MAIN STREET. ASHLAND · OF~EGON 97520
TEL [541] 488-6002. FAX [541] 488-531 1 · TTY 800 735-2900
MORRISOJ@ASHLAND.OR.US · WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
July 26, 2005
TO:
City Council Members
FROM:
Mayor John Morrison
RE:
Appointment to Housing Commission
August 2, 2005 Council Meeting
This will confinn my appointment of Jennifer Henderson to the Housing Commission for
a tenn to expire April 30, 2007. The vacancy was created when Kim Miller recently
resigned his seat from the Housing Commission.
A copy of Jennifer Henderson's application is attached. The vacancy was advertised in
the Ashland Daily Tidings (copy of ad attached), posted to the City'~ web site and also
posted on the notice board at City Hall.
Attachments
. -~-~ .,......,....... -
CITY OF ASHLAND INCORPORATED 1874
The City of Ashland has vacancies on the HOUSING COMMISSION for
a term to expire April 30, 2007 and the HISTORIC COMMISSION for a
term to expire April 30, 2006. If you are interested in being considered
for one of these volunteer positions, please submit your request in writ-
ing, with a copy of your resume (if available) to the City Recorder's of-
llce. Additional information regarding this position can be obtained from
the office of the City Recorder or the City's Web site at
'NWW.asfttartd~:'~~ - '-~J._.. ..,--..-~
~~PPL Y TO: The City Recorder, City Hall, 20 East Main St., Ashland.
~~PPL Y BY: July 22, 2005
r~'
CITY OF
ASHLAND
\...~--,""'---,;
-~.-
)
From:
To:
Date:
Subject:
<jenfay@charter.net>
<morrisoj@ashland.or.us>, <berteauf@ashland.or.us>
Thu, Jul 21, 2005 10:58 AM
Housing Commission Vacancy
Dear Mayor Morrison,
I, Jennifer F. Henderson would like to be considered for the vacancy on the Ashland Housing
Commission. I have been an active supporter of Affordable Housing in Ashland, serving as President of
Ashland Community land Trust, member of Jackson County Housing Coalition and participating in the
research done by Deb Halliday as well as the process of goal setting done by the City of Ashland in years
past. 1 have participated in the commission's work over the past four years and am familiar with the tasks
it is called to advise upon. I had not applied before because I was on the board of ACl T, my term of office
expired June 30th and so now I no longer have that conflict.
As you know, I am an active advocate for the development of affordable housing and have aGtually
participated in the creation of units in Ashland.
1 am a licensed real estate broker (not actively working now) and I currently work for Mediation Works as
Program & Systems Resource Director. I believe I would be an excellent asset to the Commission
bringing a breadth of experience to the table.
I look forward to hearing from you.
Sincerely,
Jennifer Henderson
. ----..., ..-- "- ~, .
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL - 20 EAST MAIN STREET- ASHLAND - OREGON 97520
TEL [541] 488-6002 - FAX [541] 488-531 1 - TIY 800 735-2900
MORRISOJ@ASHLAND.OR.US - WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
July 26, 2005
TO:
, City Council Members
FROM:
Mayor John Morrison
RE:
Appointment to Forest Lands Commission
August 2, 2005 Council Meeting
This will confinn my appointment of Dan Maymar to the Forest Lands Commission for a
tenn to expire April 30, 2008.
A copy of Dan Maymar's application is attached. The vacancy on the Forest Lands
Commission was advertised during the annual reappointment process in the Ashland
Dajly Tidings, and posted on the City's web site and on the notice board at City ]iall.
Attachments
CITY OF ASHLAND INCORPORATED 1874
... ....0'" .. V.L .L
Fran Berteau - I~orest Lands Commission position
From: <damllaymar@aol.com>
To: <berteauf@ashland.or.us>
Date: 3/18/2005 3 :05 PM
Subject: Forest Lands Commission position
Dear Fran:
I would like to apply for the vacant position on the Forest Lands Commission. Ashland
has been my home for me and my family for the last 20 years and I would like to give
something back to the citizens of the city that have given me so much.
I have had almost 30 years of experience in land management as a forester and have been
able to broaden my horizons as a sales professional and a manager of a small business. I
have a passion for good stewardship for all of the gifts that are encompassed in the forests
surrounding Ashland and I am committed to enhance the health and diversity of the forest
to meet the needs of all its citizens for now and the future.
I look forward to working with the other commissioners, the city council and the citizens
of Ashland to enhance the livability of the city we all cherish.
Sincerely,
Dan Maymar
115 Scenic Drive
Ashland" Oregon 97520
(541) 292-0211
'.j~.~.~.~.-:
.. ~...... -
file://C:\Documents%20and%20Settings\berteauf\Local%20Settings\ Temp\GW} 0000 I.H... 3/18/2005
DANIEL MAYMAR
115 Scenic Drive, Ashland, Oregon 97520 (541) 292-0211 danmavmar@aol.conl
EXPERTISE:
Registered Professional Forester specializing in cost effective timber/land managlement
solutions resulting in healthy productive forest lands that support a wide range of flora
and fauna .Entrepreneurial start-up business development from product conception -
marketing - manufacturing- delivery.
Proven team player committed to building production group success, implementing cost
reduction programs and overcoming regulatory hurdles.
EXPERIENCE:
Real Estate Broker/Forestry Consultant: Dan Maymar RPF P.C.- Ashland, OR 12-03
to Present.
. Representation/brokerage in real estate transactions for urban and rural
properties.
. Preparation of Management and timber harvest plans
. Appraisal of Government and private timberland for companies and individuals.
. Expert witness regarding timber trespass for insurance carriers.
Financial! General Manager, Natura Health Products- Ashland, OR 8-02 to 11-03:
. Developed startup Botanical/ Nutritional Products business building sales from
zero to $145,000 in 10 months while meeting profitability and budget goa.ls.
. Financial Management: Oversight of P&U Balance sheets, budgeting, cash flow
management, preparation and presentation of financial reports, developrnent of
sound business models/plans, and product cost appraisal.
. Product Management: responsible for contract preparation, trademark filing,
importation and sourcing of optimum raw materials, vendor management,
contract manufacturing and product unit cost analysis.
. Sales Management: coordinated marketing campaigns including productc;':_::'~ ~
literature development, development of website and shopping cart systems,
tradeshows and supervision of in-house and outside sales representatives.
. General Office Management: including bookkeeping, payroll, maintenance of
director/officers minutes/legal documents, liability/product insurance and.
employee supervision.
Forestry Consultant: Dan Maymar Consulting Forester- Ukiah, CN Ashland, OR 1/82
to 11/84; 1/96 to 4/98; 1/02 to 8/02.
. Appraisal of USFS, BLM and private timber sales for timber companies and
individuals.
. Layout, contract preparation and logging supervision of private timber sales.
. Preparation of California timber harvest plans.
. Appraisal and purchase of timber properties and timber.:deeds
Sales/ Purchasing Manager: Abbey Internationallnc- Medford, OR 50/0 Owner
(w/equity) 4/98 to 1/02.
· Developed successful marketing and procurement strategies for startup Modular
Stair Company manufacturing a newly patented stair construction system.
· Built sales contracts from zero to $1.8MM/yr resulting from effective prospecting,
negotiation and superior customer service.
· Developed manufacturing estimation spreadsheets based on production data to
perform through, timely and accurate estimates within the budgetary limitations of
customers; Interfaced with customers and manufacturing to insure complete and
accurate product manufacturing based on drawings or measurements on site.
· Purchasing oversight; managing vendor proposals negotiation of favorable terms.
Timber Manager: Klamath Veneer Inc- KI?math Falls, OR 11-93 to 12-95;
· Successful Appraisal and procurement of 22MMBF annually from private and
Federal sources below market prices. .
· Timber sale administration on Forest Service timber sales as a purchaser's
representative.
· Supervision of Log Yard personnel, scalers and inventory.
Log Buye!r: Roseburg Forest Products Inc- Roseburg/Ashland, OR 11-84 to 11-93;
· Successfully developed a 110 MMBF average annual log procurement program
from five national forests, two BLM districts and various private sources from a
seven county area in Southern/Central Oregon and Northern California at
negotiated pricing competitive with the local Roseburg market.
· Appraised and purchased over 65,000 acres of cutting rights on timberland in
Eastern Oregon and fee timberland purchases from various sources with margins
that saved the company up to $1.1 MM in log costs/year.
· Oversight of mill studies, timber sale administration and preparation of California
timber harvest plans.
Forester: Don Mackenzie Consulting Forester- Ukiah, CA 6-80 to 9-81:
· Timber cruising and harvest unit layout on various properties in Northern
California.
· Pn~paration of California timber harvest plans.
· Property corner retrieval/ marking property boundaries
Forester: Boise Cascade- Yakima, WA 11/79 to 5/80;
· Harvest unit layout and logging supervision on Yakima tree farm
Forester: Philo Lumber Company- Ukiah CA 3-78 to 11-79;
· Tirnber cruising and harvest unit layout.
PROFESSIONAL:
Member National/ Oregon / Rogue Valley Association of Realtors
Registered Professional Forester #2042- State of California
Archaeological Certification- California Department of Forest~:;::.~-' .
EDUCATION:
BS Forest Resources ManagemenU Business minor - Humboldt State University
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL. 20 EAST MAIN STREET. ASHLAND · OREGON 97520
TEL [541] 488-6002. FAX [541] 488-531 1 · TrY 800 735-2900
MORRISOJ@ASHLAND,OR.US · WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
July 28, 2005
TO:
City Council Members
FROM:
Mayor John W. Morrison
RE:
Appointment to Ad Hoc Ashland Fiber Network Options Committele
August 2, 2005 Council Meeting
This will confirm my appointment of Don Mackin to the Ad Hoc Ashland Fiber J'l.Jetwork
Options Committee. The charge of the committee is to analyze operational options for
the Ashland Fiber Network and provide guidance to the City Council on those options. It
is expected that the committee's work will be completed within 90 days. Five committee
members were appointed at the July 19, 2005 council meeting leaving one remaining
vacancy.
This will also confirm my appointment of Councilor Russ Silbiger as the council liaison
to this ad hoc committee.
Attached is a copy of Don Mackin's application and resume. The vacancies were
advertised in the Ashland Daily Tidings, on the City's Web site, and on the notice board
in City Hall.
Attachments
. ----.-..- - - - ..
CITY OF ASHLAND INCORPORATED 1874
610 Elkader Street
Ashland, OR 97520
\D! ~
I;', JU:... 2 C iOO\: ~
July 28, 2005
l} ; -=,::.::=.::.-:-- --
Honorable Mayor John Morrison
City of Ashland
20 East Main Street
Ashland, OR 97520
Re: AFN Options Committee
Dear Mayor John Morrison,
My wife and I have been living in Ashland and using the services of AFN for the past four years.
Because I have had some management experience and an ongoing interest in cable television, I
would like to offer my services as a potential member of the AFN Options Committee. I am
attaching a current resume to provide more detail of my background and experience for your
consideration.
Respectfully,
~~~~
W. Don Mackin
Enclosure (1)
'---'~-'~" ..
RESUME AND BIOGRAPHICAL SKETCH
W. Don Mackin
Home and Business Address:
610 Elkader Street
Ashland, Oregon 97520
541-552-0562
541-840-2283-cell phone:
Education:
Washington State University B.A. in Finance
Post-Graduate Education-14 additional hours in Accounting
Annual Continuing Education for CP As and for Real Estate Brokers
Christian C. Johnson Executive Leadership, Troutbeck, New York
General Mediation Training-40 hours, Mediation Center of Kentucky
Credentials:
CP A Certificate
1961
1963-1965
1968-2004
1993
1999
1967 to present (Idaho) Retired Status
1999 to present (Kentucky) Retired Status
1991 to present (Idaho)
2001 to present (Oregon)
Licensed Real Estate Broker
Business Experience:
Banking
CPA
General Manager, Cable Television
President, Co-Owner and
Property Manager
Commercial Property Manager
Seattle and San Francisco
Seattle and Moscow, Idaho
Pullman, W A and Moscow
Palouse Properties, Inc
Moscow, Idaho
Rosenstein Development, LLC
Lexington, Kentucky
Self-employed, Part-time
Ashland, Oregon
Commercial Real Estate Consultant
Public Service:
SOU Schneider Museum of Art Advisory Board Member
Ashland Housing Commission Member
Ashland Family YMCA - Board Member, Treasurer
Providence Health System - Southern Oregon Area, Community Board
Ashland Community Hospital Foundation - Board Member, Vice. Pres.
AuCoin Institute - Regional Advisory Board Member
Southern Oregon Regional Economic Development - Board of Directors
Lexington Opera Company - Board of Directors
First Security Bank-North Idaho Regional Advisory Board Member
Latah Alliance for the Mentally III - Board Member, President
Small Business Administration - Spokane Regional Advisory Board
Moscow City/Chamber Joint Economic Development Commission
Pullman/Moscow Regional Airport - Board Member, Chairman~~-~, ,
Moscow Chamber of Commerce - Board Member, President
City of Moscow, Idaho - Planning & Zoning Commissioner and Chair,
City Council Member, Mayor, Zoning Board of Adjustment
3 years
7 years
15 years
12 years
2 years
2001 to present
2004 to.present
2004 to present
2003 to present
2003 to present
2002 to present
2002-2003
2002-2003
2000-2001
1992-1997
1990-1995
1982-1989
1983-1985
1977 -1982
1974-1985
1971-1983
STATE OF IDAHO
Idaho Foundation for Parks and Lands
Idaho Humanities Council
Idaho Permanent Building Fund Advisory Council - Senate Appointee
Idaho State Senator (two terms)
Idaho Commission for Public Broadcasting
1991-1993
1990-1992
1988-1990
1987-1990
1981-1982
Family:
Spouse:
Elisabeth Zinser (married in 1991); President, Southern Oregon University-
Ashland Oregon
Brian (43), married (Andrea), four children,
Ceramic Artist - Bainbridge Island, W A
DarIa Kaye Sylvester (38), married (Jeff), two children,
Videographer and Raising Horses - Veradale, W A
Son:
Daughter:
Travel:
Japan, Taiwan, Ireland, Spain, South Africa, France, Germany, Italy, Mexico
Interests:
Family
Real Estate Investments
Finance and Public Policy
Travel
Novels
Performing Arts
Golf
College Athletics
Politics
. ------.,...--... ~- .
OFFICE OF THE MAYOR
JOHN W. MORRISON
CITY HALL. 20 EAST MAIN STREET. ASHLAND · OREGON 97520
TEL [541] 488-6002. FAX [541] 488-531 1 · TrY 800 735-2900
MORRISOJ@ASHLAND.OR.US · WWW.ASHLAND.OR.US
MEMORANDUM
DATE:
July 26, 2005
TO:
, City Council Members
FROM:
Mayor John W. Morrison
RE:
Appointment to Traffic Safety Commission
August 2, 2005 Council Meeting
This will confirm my appointment of Alan Bender to the Traffic Safety Commission for a
term to expire April 30, 2006. The vacancy was created when David Chapman 'was
appointed to the City Council and subsequently resigned his seat the Traffic Safety
Commission.
Attached are copies of the applications, and a copy of the advertisement as it appeared in
the Daily Tidings. The vacancy was also advertised on the City's Web site, and on the
notice board in City Hall.
Attachments
...-
CITY OF ASHLAND INCORPORATED 1874
\{ EMBRY-RIDDLE
. AERONAUTICAL UNIVERSITY
Dr. Alan R. Bender
Chair: Research and Scholarship
Associate Professor-Aeronautics
Extended Campus
Embry-Riddle Aeronautical University
Office: 145 Almond Street '
Ashland. OR 95720
Telephone: (916) 719-9506
FAX: (541) 488-4411
E-Mail: alan.beQder@erau.edu
RECEIVED
June 25, 2005
JUN 27 2005
The City R(~corder
City Hall
20 East Main Street
Ashland, OR 97520
~. ~
~,._-_._,~-_._............_~'..~ ," ~
I am very interested in serving as an appointee to the Ashland Traffic Safety Commission when
the next vacancy occurs. I understand that an opening will be available in early 2006.
I am currently a professor of aeronautics; however, much of my fonnal college training is in
transportation engineering and geography. I teach courses in transportation management,
planning, and operations on a regular basis. For example, I am currently commuting to
Anchorage to t~ach a transportation principles course to the U.S. Air Force.
I feel that tILY very extensive background in the transportation arena can be a significant asset to
the Traffic Safety Commission (please refer to my vita, attached). I understand intimately most
of the issues the commission routinely addresses. I have no personal agenda; I want only what
public policy, historical experience, unbiased research, and community values dictate.
My wife and I moved to Ashland in late 2004, and one of the reasons we moved here is the high
level of "community involvement" that exists in Jackson County. Unfortunately, I was
unsuccessful in my recent application for an Ashland Airport Commission post; however, I was
advised by JMayor Morrion and others to apply for other commission posts appropriate to my
professional training and personal interests. The Traffic Safety Commission provides just such an
opportunity .
Please let tILe know whether you need more infonnation. I am looking forward to serving the
City of Ashland.
Sincerely,
~~Q~t
Alan R. Bender, Ph.D.
'~~-~-.-..'._-...":":
..~..I- ' ._ __
Enclosure
leading The World In Aviation and Aerospace Education
CURRICULUM VITAE
ALAN R. BENDER, Ph.D.
Associate Professor of Aeronautics
Extended Campus
Embry- Riddle Aeronautical University
600 South Clyde Morris Blvd.
Daytona Beach, FL 32.114
Office: 145 Almond Street
Ashland, OR 9752.0
Tel. 541.488.4967; Fax 541.488.4411
Email: alan.bender@erau.edu
EDUCATION
Ph.D. Geography (Specialty: Geography of Transportation)
University of California, Berkeley
1986
M.S. Civil Engineering (Specialty: Aviation Systems Planning)
University of California, Berkeley 1978
M.A. Geography (Specialties: Anglo-America, Australasia, Urban, Transport)
University of California, Los Angeles (UCLA) 1976
B.A. Geography (Honors)
University of California, Los Angeles (UCLA) 1974
ACADEMIC AND PROFESSIONAL APPOINTMENTS
Chair of Scholarship and Research, Embry-Riddle Aeronautical Univ~~sit}'j E~tenCLed
Campus, Daytona Beach, FL (2.003"present)
Smithsonian Research Associate, National Air and Space Museum, Washington, I)C (2.001"
present)
Alfred Verville Fellow in Aeronautics, Smithsonian Institution, National Air and Space
Museum, Washington, DC (2.000"2.001)
Visiting Professor of Aviation Business Administration, Autonoma University of Madrid,
Spain (Summer 1994; Summer 1995)
Associate Professor of Aeronautics, Embry.. Riddle Aeronautical University, Daytona Beach,
FL (1993"present; tenured in 1997)
\.:.~.........-~.~.-:
....- -
Assistant Professor of Aeronautics, Embry.. Riddle Aeronautical University, DaytlJna Beach,
FL (1988-1993)
Teaching Assistant, Department of Geography, University of California, Berkeley, CA
(1980"1983)
Research AI;sistant, Department of Civil Engineering, Division of Transportation
Engineering, University of California, Berkeley, CA (1977"1981)
CURRENT PROFESSIONAL SOCIETY AFFILIATIONS
N ational AI~ademy of Sciences, Transportation Research Board (Appointed university
representatilve)
Transportation Research Forum (Member: Board of Directors)
Air Transp,ort Research Society
Association of American Geographers
U niversity Aviation Association
San Francil;co Aeronautical Society
Washingto,n Airline Society
American Society of Civil Engineers
RESEARCH INTERESTS
Commercial Air Transportation
Transport;:Ltion Economics
Transportntion History
Transportution Policy
Transport~!tion Geography
Urban Gec)graphy
C{JRRENT PROFESSIONAL SOCIETY COMMITTEE ASSIGN.MENTS
Appointedl Member, Aviation Economics and Forecasting Committee (National Academy of
Sciences, Transportation Research Board)
,;.~_.~.-.-..-:
...~
Member, .Air Transport Committee (Transportation Research Forum)
Member, Transportation Geography Specialty Group (Assn. of American Geographers)
2
COURSES TAUGHT
Research Methods and Statistics (Grad)
Graduate Research Project (Grad)
Thesis (Grad)
The Air Transportation System (Grad)
Advanced Aviation/Aerospace Planning Systems (Grad)
Management of Research and Development in the A viation/ Aerospace Industry (GI'ad)
Advanced Aviation Economics (Grad)
Airline Operations and Management (Grad)
Airline Marketing (Grad)
Seminar in Aviation Labor Relations (Grad)
Airport Operations and Management (Grad)
Aviation Labor Relations (Undergrad)
Transportation Principles (Undergrad)
Ai~ort Management (Undergrad)
Airport Planning and Design (U ndergrad)
Airline Management (Undergrad)
Trends and Current Problems in Air Transportation (Undergrad)
International Aviation Management (U ndergrad)
Current Issues in America (Undergrad)
Urban Geography (Undergrad; teaching assistant)
Historical Geography of Transportation (Undergrad; teaching assistant)
Physical Geography (Undergrad; teaching assistant)
\.....;..~.-.-.-.~..:
....-- -
ELECTED OFFICES
3
Speaker of the Faculty Senate, Embry-Riddle Aeronautical University, Extended Campus
(1999-~000; ~00~-~004)
Vice-Speaker of the Faculty Senate, Embry-Riddle Aeronautical University, Extended
Campus (1997-1999; 2001-2002)
Secretary elf the Faculty Senate, Embry-Riddle Aeronautical University, Extended Campus
(1993-1997)
M.AjOR UNIVERSITY COMMITTEE AND SERVICE ASSIGNMENTS
Chair, Graduate Research & Communications Committee (Embry-Riddle Aeronautical
University, Extended Campus, 199~-~00~)
Member; J~ssociate Provost Search Committee (Embry-Riddle Aeronautical University,
2003-~004)
Member, (haduate Curriculum and Degree Requirements Committee (Embry-Riddle
Aeronautic:al University, Extended Campus, 1989-present)
Member, l~aster of Aeronautical Science Subcommittee (Embry-Riddle Aeronautical
University, Extended Campus, 1989-present)
Member, Faculty Handbook and Review Committee (Embry-Riddle Aeronautical
University, Extended Campus, 1989-~002)
Member, Professional Doctoral Degree Committee (Embry-Riddle Aeronautical University,
1992-1994; 1996-1998; 2000-2001)
M~mber, Tenure and Promotion Boards (Embry-Riddle Aeronautical University, Extended
Campus, 1998; 1999; ~ooo)
Represent,ative of Embry-Riddle Aeronautical University, Extended Campus, to
accreditation! quality assurance site teams from the Southern Association of Colleges and
Schools (SACS), Q!1ality Education Services Program (QES), Military Installation
Voluntary Education Review (MIVER), and the State of California (1991-present)
HONORS, AWARDS, AND RESEARCH GRANTS
Alfred Ve:rville Fellowship in Aeronautics (Smithsonian Institution, National Air and Space
Museum, ~000-~001)
Business Research Grant [with Professor Fred Stephenson] (University of Georgia, 1994)
Best Reseilrch Paper Awards (Society of Logistics Engineers, ~9~3;~9'9~)
Faculty Research Development Grants (Embry-Riddle Aeronautical University, 1989; 1990)
4
First Prize: Graduate Student Paper Competition (Transportation Research Forum, 1980)
Regents Graduate Fellowship (University of California, 1976)
President's Undergraduate Fellowship (University of California, 1974)
EDITORIAL BOARDS
Editorial Board,Journal of the Transportation Research Forum (1991-present)
Editorial Board, Proceedings of the Transportation Research Board (1997-present)
WORK WITH THE PRINT AND ELECTRONIC MEDIA
Since 1998,.Dr. Bender has been Embry-Riddle Aeronautical University's most proliBc airline
industry "expert commentator" for newspaper, magazine, radio, and television storit~s. Dr.
Bender's perspectives on the airline business have appeared in virtually every major
newspaper in the United States including the Wall Street]ournal, USAToclay, WashifLgton Post,
New York Times, Christian Science Monitor, Miami Herald, Chicago Tribune, Dallas M01'"ning
News, Houston Chronicle, Portland'Oregonian, and scores of others. The electronic media
including ABC, CBS, NBC, NPR, Fox, MSNBC, CNBC, BBC, and numerous loca1l radio
and television stations have also interviewed Dr. Bender.
PROFESSIONAL MEETING CHAIRMANSHIPS
Chair, "Airline Industry Financial Performance" (Transportation Research Forum,
Washington, DC, ~oo5) ,
Chair, "Efficiency and Productivity in Air Transport" (Transportation Research F(>>rum,
Chicago, ~o04) .
Chair, "Airline Economics Issues" (Transportation Research Forum, Williamsburg, V A,
~OOI)
Chair, "Airline Mergers" (Transportation Research Forum, Annapolis, MD, ~ooo)
Chair, "Aviation Issues" (Transportation Research Forum, Washington, DC, 1999)
Chair, "Jet Crew Costs and Productivity in the Nineties and Beyond" (Transportation
Research Forum, San Antonio, 1996)
Chair, UPS Paper Session, "Changes in Business Travel Behavior and Demand"
(Transportation Research Forum, Daytona Beach, FL, 1994) ,.~..,~,:
Chair, "Air Transport Geography Special Session" (Association of American Geographers,
Los Angeles, 1981)
5
PROFESSIONAL MEETING PAPERS/PROCEEDINGS
Bender, A. R. (2003). U. S. non-scheduled airlines (1940s-1950s). Paper presented at the lIth
annual me.~ting of the Conference of Historic Aviation Writers, Oklahoma City, OK.
Bender, A. R. (2003). America's first no-frills airlines. Paper presented at the 44th annual
meeting of the Transportation Research Forum, Washington, DC.
Bender, A. R. , Tacker, T., & Chumley, K. (1998). Social impacts of airline pricing. Paper
presented nt the 40th annual meeting of the Transportation Research Forum, Philadelphia.
Bender, A. R. (1995). Battle 2000: New jet entrants versus the regionals. Paper presented at the
37th annual meeting of the Transportation Research Forum, Chicago.
Bender, A. R. (1994). The future of u.s. business air travel. Paper presented at the annual
meeting of the Society of ~gistics Engi~~s"Anaheim, CA. (Best paper award)
Bender, A. R. (1993). The challenge facing the U. S. airline industry. Paper presented at the
annual meeting of the Society of Logistics Engineers, Ontario, CA. (Best paper award)
Bender, A" R., & Stephenson, F.J. (1992). Airline passenger fare strategies. Paper presented at
the 34th arutlual meeting of the Transportation Research Forum, St. Louis.
Bender, A" R. (1991). The geography and politics of military air base reuse. Paper presented at the
87th annual meeting of the Association of American Geographers, Miami.
Bender, A,. R. (1988). Flyinf on the "cheap": The evolution of affordable airline service. Poster
session pr.~sented at the 84t annual meeting of the Association of American 'Geographers,
Phoenix.
Bep.der, A. R. (1981). Local air service under regulation and deregulation. Paper presented at the
77th annual meeting of the Association of American Geographers, Los Angeles. .
Bender, A. R. (1980). Comparative analysis of Soviet and U. S. airline service patterns. Paper
presented at the annual meeting of the Canadian Association of Geographers, Montreal.
Bender, A. R. (1977). Geographical analysis ofU. S. airline services. Paper presented at the
annual mE:eting of the Canadian Association of Geographers, Regina, SK.
INVITED GUEST LECTURES
Invited guest speaker, Washington Airline Society,,(Washington, DC, October 2002)
History of Technology lecture, National Air and Space Museum, Smithsonian Institution
(Washing;ton, DC, October 2001) '.~""" _.-:_ ~
Invited guest speaker, Transocean Air Lines reunion (Oakland, CA, September 2001)
Invited guest speaker, Utah Air Travel Commission (Salt Lake City,June 1999)
6
Invited guest speaker, AutonomaUniversity of Madrid (Madrid, Spain, October 1994;
November 1995).
Luncheon speaker, Transportation Research Forum, Northern California Chapter (BE:rkeley,
CA, September 1994)
Luncheon Speaker, Transportation Research Forum, Northern California Chapter (S.an
Francisco, October 1986)
REFEREED AND NON...REFEREED PUBLICATIONS
Bender, A. R. (2003, September/October). The right price. Aircraft Economics, 19"'20.
Bender, A. R. (2001, July 2.4). Deregulation could die if airline dealever happens. Nj~wsclay.
Bender, A. R. (2000). Fasten your seat belts. Journal of Aviation/Aerospace Education C
Research, 10(1), 9"'10.
Bender, A. R. (1999, Spring). Yield management: A double...edged sword? The Leader, 21.
Bender, A. R. (1998, June u). Allied airlines: The new robber barons? Aviation Week C
Space Technology, 70.
Bender, A. R., & Stephenson, F. J. (1998). Contemporary issues affecting the demand for
business air travel in the United States. Journal of Air Transport Management, 4(2),99"'110.
Bender, A. R., Schultz,J. T., & Landgren, E. W. (1993,1994,1996,1997). Guide to the Graduate
Research Project (I1t, 2nd, 3rd, & 4th eds.). Daytona Beach, FL: Riddle Press.
Bender, A. R. (1996). Battle 2000: The new jet entrants versus the regional partners. Journal
of Aviaticm/ Aerospace Education C Research, 6(1), 7"'18. .
Stephenson, F.J., & Bender, A. R. (1996). Watershed: The future ofU. S. business air
travel. TransportationJoumal, 356),14"'32.
Bender, A. R. (1993, June 14). Majors' inefficiency may benefit upstarts: Day of reckoning
for U. S. airline industry is at hand. Aviation Week C Space Technology, 97.
Kanafani, A., Gosling, G., Novak, E., & Bender, A. R. (1981). San Francisco Bay Area off'"
airport terminal demonstration project (Institute of Transportation Studies Research Report).
Berkeley, CA: University of California, Institute of Transportation StudieS:.:
Gosling, G., Kanafani, A., Bender, A. R., and Evmolpidis, V. (1977). Off...airport p41.Ssenger
terminals (Institute of Transportation Studies Research Report1.-..B.etk~ley, CA: University of
California, Institute of Transportation Studies. .. . ~ .. . ,
7
REFERENCES
Available upon request
8
'.....;...~.~...~.- ~,..
Greg A. Lemhouse
Background Information
RECE\VED
JUL 06 2005
PERSONAL:
Born 4/13/1973 Portland, OR
Raised in Salem, OR . .' ... .
Oregon State University 1991-1995
Bachelor of Science Degree in Sociology
Minor - Political Science
Moved to Ashland in 1995
Married 8 years
Three Children: Jackson 7 years old,' J ohnathon 4 years old, Isabella 1 year old
PROFESSIONAL:
Ashland Police Department
Patrol Officer 1995-1997
Medford Police Department
Patrol Officer 1997-2002
,Master Officer (Supervisor) 2002-Present
Assignments: Field Training Officer, Senior Volunteer
Coordinator, Honor Guard, Use of Force Instructor, Drug
Recognition Expert
Committees:. Chairman - Awards and Recognition Committee
1999-Present; Strategic Planning Committee. 1999; Strategi~c
Planning Committee 2005
Awards and Citations: 1998 - State Finalist for DUll Enforcement
Officer of the Year; 2004 - Medford Police Dept. Achievenlent
Award; 2005 - Jackson County MADD Recognition Award for
DUll Enforcement And Education
Department of Public Safety Standards and Training (Police Academy)~
Assistant Instructor 1999-2001
Lead Instructor 2001- Present
\ ~ ~..--' .-.~~. :
Related Training and Certifications: ...-.. "H
-Nationally Certified and Court Recognized Drug Recognition I~xpert
--,
July 2, 200S
Traffic Safety Commission and City Council,
Please accept this letter as my application to the open seat on the Ashland
Traffic Safety Commission. As a resident of Ashland it is my strongest desire to
donate my time and energy to serve the community in any way I can. I
originally rnoved to Ashland in 1995 when I was hired by the Ashland Police
Department. After working in the community for over 2 years, I was hired by
the Medford Police Department, where I currently work as a police officer and
supervisor in patrol. I believe that my 10 years of experience as a police officer
and my experience as an officer, resident and parent in Ashland gives me a
unique perspective in the area of traffic safety and it's related concerns.
I have worked primarily in patrol and as a state level trainer as a police
officer and have had the opportunity to investigate over 1000 traffic accidents
during that time, not to mention investigating countless numbers of traffic
investigations, to include over 600 DUll arrests. I am trained as a Drug
Recognition Expert and I am recognized nationally as an expert in the field of
detecting drivers operating vehicles under the influence of drugs. I also
currently hold a national certification as an instructor in the area of DUll
detection and enforcement and have taught hundreds of officers, (new and
experienced), since 1999 at both the police academy and regionally. My current
positions as a patrol officer and as a patrol team supervisor have also allowed me
to investigate and lead investigations of numerous motor vehicle accidents
involving fatalities and serious injuries
Ashland is a unique community with specific needs related to traffic
safety. Currently our city is growing in population and tourism numbers. This
means more pedestrians and motor vehicles on the road interacting with one
another. \Vithin this population are growing numbers of elderly and teenage
driver's, vvhich places a great responsibility on the Traffic Safety Commission to
find creative ways for all parties to co-exist in the safest manner possible.
I believe that the commission must lead the town in aggressively
addressing the problem of underage drinking/drug use and driving, which has
led to unnecessary tragedy in our community as of latg~~~~~g recent incidents,
however, are only a small fraction of the tragic motor vehicle accidents each year
in our state and county due to alcohol and substance abuse. Countless loss of life
continues to occur and we as a community cannot sit idle. To do so would be
irresponsible and simply help contribute to the next tragedy that is sure to
happen. Instead, if appointed to the commission, I would push to find creative
ways to educate the population against driving impaired, encourage strict
enforcement of impaired driving and find alternative and accessible
transportation options for those who are too impaired to drive.
I would also explore avenues such as government grants available to pay
for police training and overtime to tackle traffic related problems. Taking
proactive and creative measures and having a strong public stance on these
issues by the commission would go far in making our community safer, by
making everyone more aware of the problems and providing ways to solve~
them.
In closing, I would like to thank you all for considering my application to
the commission. I believe that if I were chosen, my experience and perspective
would be a positive addition to the team. Please be assured that my work lethic is
only surpassed by my willingness to sacrifice my time and energy to the greater
good and I would treat such an appointment with the respect it deserves.
Gr g A Lemhouse
285 edgewood Ln.
482-2570
jA~:.'-"._-.
RECEIVED
JUL u 6 2005
July 5, 2005
Dear Mayor Morrison,
I wish to apply for the vacancy on the Traffic Safety
Commission. I have lived in Ashland for ten years, and visited
Ashland to attend the Oregon Shakespeare Festival for fifteen
years before moving here. Consequently, i am familiar with the
background to traffic issues in our city. The growing population
has inevitably caused increasing traffic problems that are
difficult to resolve given our topography. I would like to be
part of the group studying these traffic issues and making
recommendations to alleviate them.
Below is a short resume of my professional and personal
background. I do not have any specific training or experience in
the traffic: area except as a user of the roads. But I do have an
analytical mind and extensive training and participation in group
activities.
Please give this application your close attention. Thank you.
Sincerely,
<::..~~ ') -+11',
'. J.,y ~
imes Watklns
501 Parkside Drive
Ashland, OR 97520
482-6221
jimjo~nn@mind.net
RESUME
B.A. from Pomona College in Economics, 1957
One year at Harvard Law School, 1957-58
M.A. and Teaching Credentials from Long Beach State, 1962 and 1966
Ed.D. from UCLA, 1972
High School Teacher in Civics, Economics and History, 1960-1973
High School Administrator, 1973-1985
District Administrator, 1985-1995
Last Posit"ion was District Superintendent in Eureka, California
Supervisor of Student Teachers for SOU, 1995-1998
Member of Ashland School District Budget Committee, 1996-2002
Volunteer "in Project Smart, 2000-2003 "__,~' ,
Volunteer in Chamber's Information Booth, 199&:pr~sent
Volunteer in ASPIRE Program, 2005-present
Member and Officer in SOLIR program, 1996-present
CITY Of
ASHLAI'~ D
Council Communication
"\ '
AFRCA Technical Committee Response To USFS DEIS
Meeting Date: August 2, 2005
Department: Ashland Fire & ~cue
Contributing Departments:
Approval: Gino Grimaldi I
Primary Staff Contact: Keith E. Woodley, ~'- J
552-2217, woodleyk@ashland.or.us ' LVV'
Secondary Staff Contact:
Estimated Time: 1 hour
Statement:
On June 24, 2005, the United States Forest Service (USFS) released their Draft Environmental
Impact Statement (DEIS) for the Ashland Forest Resiliency Project within the Ashland
Watershed. This DEIS provides an analysis of three alternatives: No Action, Forest Service
Proposed Action, and the City of Ashland Community Wildfire Protection Plan (CW1>P)
alternative. The USFS now offers a 45 day comment period for public response to the analysis.
The Ashland Forest Resiliency Community Alternative Committee (AFRCA), representing the
City of Ashland, has prepared a response to the DEIS for Council endorsement. Council will
need to act on the DEIS Response at this council meeting in order to meet the public comment
deadline of August 7, 2005.
Background:
The City of Ashland Community Wildfire Protection Plan addresses City Council G'oal # 22,
which states: "Establish a stronger, fonnalized role for the City in the stewardship of entire
Ashland Watershed". The purpose of the Ashland Forest Resiliency Project is to protect forest
ecosystem values at risk, reduce crown fire potential, and establish forest ecosystem, conditions
that are more resilient to wildland fire events. The USFS Ashland Forest Resiliency Project has
been granted status as a project under the Healthy Forest Restoration Act (HFRA). lJnder HFRA,
the USFS is required to evaluate three alternatives, (1) no action, (2) a USFS prefen~ed
alternative, and (3) a community alternative submitted as a "Community Wildfire Protection
Plan". The City of Ashland, through a diverse group of dedicated community scientists and
forest resource specialists known as the AFRCA Technical Committee, prepared a "Community
Wildfire Protection Plan", or "CWPP", to be evaluated as the third alternative. This proposal was
submitted on October 6th, 2004, to the USFS. This group continued to work with the Forest
Service reviewers from November 2004 through May 2005 to provide additional detail and
clarification regarding the proposal. The Forest Service released its draft analysis on June 24th,
2005, and invited public response within a 45 day comment period which concludes on August
7th, 2005. The response to the Forest Service DEIS from the AFRCA Committee is now
presented to the City Council for their endorsement.
( ~ . ~~....:- --,--.~
1
r~'
Related Ci1ty Policies
The 1929 US Forest Service / City of Ashland Memorandum of Understanding (with 1996/
1999 amendtnents) provides for City of Ashland participation in any resource activity within the
Ashland Watershed.
Council Options: \ '
Endorse or reject the DEIS Response from the AFRCA Technical Committee.
Staff Recolnmendation:
Staff recommends endorsement.
Suggested J\1otion:
Motion to endorse the AFRCA Technical Committee response to the DEIS.
Attachments: '
AFRCA Technical Committee DEIS Response
\~~...".,.,;._.:_~
".o-~-,"
2
COMMUNITY WILDFIRE PROTECTION PLAN
'\'
December 2003
HFRA Passed By Congress
February 2004
Notice of Intent To Publish EIS
April 22, 2004
Headwaters Proposes a Community
Alternative in Response To Ashland
Forest Resiliency Project.
April 30, 2004
AFLC, Headwa~ers, KS Wild, AWSA,
WWF, COA submit seoping comnnents
May 2004-
October 2004
CWPP Development
October 6, 2004
CWPP presented to USFS
November 2004-
May 2005
Collaborative Meetings Between
AFRCA Representatives & USFS
June 24, 2005 -
USFS Release of DEIS. 45 day public
comment period begins. USFS rvleeting
W / Mayor Morrison & City Administrator
Grimaldi to identify timeline for City
response.
July 5, 2005 -
July 27, 2005
Public Meetings & Preparation
Of DEIS Response
July 27th -
Endorsement by Forest Lands
Commission of City DEIS Response.
Aug ust 8th -
Endorsement by Ashland City Counc:ilof
City DEIS Response.
Deadline for'r~ses to the DEIS due
to Linda Duffy
August 2nd -
CITY OF
ASHLAND
August 2, 2005
\
Linda Duffy, District Ranger
Ashland Ranger District
645 Washington St.
Ashland, OR 97520
Re: Ashland Forest Resiliency Public Comment
Thank you for 1he opportunity to create a shared vision for the Ashland watershed. This is only the beginning of
what we hope to be a long and a productive partnership. The City and community of Ashland look forward to
continuing to advance the health of the watershed, through a continued partnership with the Forest Service during
the implementation and monitoring of the plan.
The City and community of Ashland are providing this letter as an official public comment on the Ashland Forest
Resiliency Draft Environmental Impact Statement. We appreciate the effort your staff has invested in creating the
DEIS with input from those involved with the community alternative. The alternatives have benefited greatly from
this collaborative relationship. Our comments focus on how the Ashland Forest Resiliency Community Alternative
was analyzed against the purpose and need of the project.
In addition to the technical comments submitted herein, we would like to address the broader issue of our ongoing
working relationship, from development of the preferred alternative through project implementation and monitoring.
We welcome the opportunity to engage with the Forest Service in collaborative stewardship of our municipal
watershed and believe that it is important to articulate several elements that are essential to an effective collaborative
effort.
The capacity to' partner during a ten-year project is an element that the agency, the City and the community must
consider separately and cooperatively. Trust is essential in collaborative relationships; trust is nurtured through
continuity in pe:rsonnel who understand the history of agreements, who field concerns, and who keep the project on
schedule. It is important to maintain continuity in staffmg that has an intimate knowledge of the watershed and
community. Therefore our collaboration should include structures and agreements that withstand changes in staffmg,
administration, and funding cycles.
We would like to discuss with you what options are available to address this inevitable change and to maintain at
least one person, preferably with a strong and diverse scientific and technical background, who has an intimate
awareness of the watershed and its issues, - an Ashland watershed specialist.
The roles of partners in collaborative stewardship need to be clearly defined and documented, since there will be
changes in individual players over time. This particular proposal is predicated on the identification and validation of
on-the-ground eonditions at the time of implementation and "concurrent monitoring;" it is occurring with a high
degree and quality of local participation. Those two features indicate a high need for commitments to effective
relationships. Given the limited ability of the DEIS to predict outcomes on the ground, the City must ensure a clear
and strong role "at the table" throughout the implementation of this work. It is vital that our work and agreements,
so arduously de:veloped, both within the community and with the USFS, be .honored and valued beyond the adoption
of the fmal Record of Decision.
Building on the pioneering 1929 Memorandum of Understanding between th~~~~ Ashland and the US Forest
Service, we pmpose an amendment to the MOU that would spell out the details of this continued collaborative
relationship. TILe purpose of such an amendment is to codify a shared commitment to a process of adaptive
management. 1he amendment would include specific provisions that provide for:
Page 1 of 47
.
The sharing of 1) on-the-ground field data on conditions that trigger criteria on a project-by-project basis,
and 2) the shared analysis and prescriptions relative to that data; this would be designed with recognition
of the time-sensitive nature of the work and of the need for public notice;
Project-based field trips to early projects and/or unique condition-class projects, to assist community and
City representatives in gaining an understanding of the analysis and prescriptions that create outcomes not
being detailed in the current DEIS; '\ '
Ongoing communication through meetings and workshops between the USFS and the City/community
representatives to discuss critical topics, including Desired Future Conditions, LSR and Spotted Owl
Habitat, and Monitoring implementation and funding.
A description of how the City, community interests and USFS will operate as a collaborative partners;
.
.
.
We recognize our need to establish a structure for meaningful participation during the project life span; we are
currently discussing what shape that will take.
The necessity of man ita ring on this project cannot be overstated. The Healthy Forest Restoration Act, under which
this project is structured, places significant weight on community involvement. The City of Ashland dedicated
considerable resources to support the development of the Community Wildfrre Protection Plan, the Community
Alternative, and the clarification of that alternative; local specialists and lay citizens donated countless hours. We
conducted public meetings and outreach that assisted the USFS by conveying to local citizens the agency's
commitment to manage the watershed. Weare conducting outreach to the scientific community to increase the
attention our special watershed gets from researchers. Our investment saved the Forest Service a sizeable amount of
time and money that it would have spent on public outreach and involvement.
Ashland residents hold strong and diverse perspectives on our relationship with our municipal watershed. Our ability
to forge agreements on the management of that watershed relies on our shared commitment to monitor the effects of
our assumptions upon the landscape. Adaptive management requires effective monitoring.
We appreciate the leadership you have demonstrated on this project. We look forward to advancing this novel
collaboration that benefits the unique and unmatched character of Ashland's watershed.e
Respectfully,
Ashland Forest Resiliency Community Alternative Technical Committee
\~~....~'--'.~
..~..... ..'-.- --
Page 2 of 47
TABLE OF CONTENTS
PAGE
\ '
Wildlife
.. ..... ................ ............... ... ................. ..................................................
4
Yarding Systems, Roads and Helicopter Landing Pads ............................................ 6
McDonald p(~ak Inventoried Roadless Area ............................................................ 7
Economic and Financial Considerations.................................................................... 8
Successional and Structural States ............................................................................ 9
Soils
........................................................................................................... .
12
Big Trees
............................................................................................................
15
Aquatic and Jliparian Areas .................. ................................ ........... ...... ....... ..... .... .... 17
Analysis Indicators... ... ... ..... ........ ... ......... ..... ............. .... ..... ... .......... ... .... ....... ..... ........ 20
Fire and Fuels ............................................................................................................ 22
Tactical, Silvicultural Concerns and Implementation................................................ 22
Botanical Resources................................................................................................... 25
Ecological Integrity............... ..................................................................................... 25
Monitoring
............................................................................................................
26
Literature Cited.............. ..... ................. ................................. ..................................... 26
!~~-....~~
............" .;-.. --
Page 3 of 47
1. Wildlife Comments
While this discussion focuses on Northern Spotted Owl habitat, it is pertinent to many late-
successional species and on conservation of the habitat upon which they depend for shelter,
nesting, roosting and other critical resources necessary to maintain viable populations in the
watershed.
"\ '
The Forest Service proposes to maintain 60 percent canopy closure in areas currently providing
northern spotted owl habitat (DEIS II-46, 47). Sixty percent canopy closure is often used in the
DEIS as a figure delineating a break between functional and non-functional spotted owl habitat.
This single number fails to represent important structural differences that can occur in separate
stands with the same canopy closure. Good spotted owl habitat generally requires multi-cohort
stand conditions, which obviously is not ideal from a wildfire management perspective.
Conversely, some even aged stands have very high canopy closures, have good vertical
discontinuities, but poor structural characteristics for good spotted owl habitat.
The Community Alternate proposes, "some light touch prescriptions torestoF6:Iate-successional '
habitat benefits for northern spotted owls" (DEIS II-58), and further emphasizes that treatments
within ~ mile of activity centers are for owl habitat restoration only" (DEIS II-91). This was
not made clear in the DEIS. Treatment within ~ mile of spotted owl activity center should be
consistent with minimizing effects on owls and other late-successional associated species while
reducing the risk of a stand replacing wildfire, which would remove or severely degrade this
habitat in the activity center.
As the Purpose and Need of the project is essentially to minimize risk of large scale severe
wildfire negatively affecting the community and watershed and to create forest resiliency, and
there is no overriding mandate or Management direction to produce commercial timber within
the Ashland Watershed, a more conservative approach to treatment in suitable spotted owl
habitat is warranted.
Sixty percent canopy closure is considered the minimum required to maintain suitability of
nesting, roosting and foraging (NRF) spotted owl habitat; however, some biologist.feel that this
reduces suitability of habitat to a point~where it is likely to have a detrimental effect to
conservation of the species and/or reduced reproductive success of individual owls lmtil the
habitat recovers to provide a higher canopy and more structural variability (post-harvest, stands
often have a more homogeneous structure).
Treatments more in line with the Community Alternative: reduction of ground fuels, retention of
shrub diversity and maintaining a higher canopy closure, where site conditions would support it
in the long tenn, is a more reasoned approach to management of habitat for an endangered
species as well as for the myriad of other late-successional habitat associated species which
depend upon a heterogeneous structure for critical resources.
The biological evaluation (DEIS App F p. 5) points out that about 40% of the home: range for
Northern Spotted Owls needs to provide suitable nesting, roosti~Moraging habitat (prime
complex, closed canopy, late-seral forest) for home range viability. Home range analysis was
approximated in the DEIS, showing suitable habitat currently covers between 52% and 83% of
Page 4 of 47
the ground 'within 1.3 miles of the known activity centers. Across the entire project area late
successional closed canopy habitat would decline under the community alternative to 73% of the
area treated, which amounts to 72% of the total area in the northern portion of the LSR, and 54%
of the entire LSR (much of the southern portion is recovering from past logging), exceeding the
minimum threshold at each scale, yet raising the concern about reduction of such habitat that
may be critically important on larger scales.
Franklin et al (2000) point to the value of the distinct mosaic of stand structures to the fecundity
of Northern Spotted Owls in the Klamath Mountains. Because the community alternative does
not call for area wide thinning, but emphasizes restoring more open structure and dominance by
early seral fire resistant species only on the less productive south, west and uppermost north and
east slopes \\rhile retaining suitable habitat on lower north and east slopes, bottoms and riparian
areas, steep slopes, unstable areas, and higher elevation Plant Association Groups, it restores
beneficial heterogeneity that could enhance fecundity of the birds present. The interplay
between these factors did not appear to be considered in the DEIS.
While the Community Alternative proposes downgrading some NRF habitat, it is in areas (south
and west aspects) and vegetation communities that are less suited to retaining this habitat type in
the long temL. Suitable habitat would be retained in areas with ecological characteristics best
suited to maintaining that habitat; suitable NRF habitat would exist on the landscape in a mosaic
pattern in riparian areas, north and east slopes and in micro sites on other aspects and would
likely be more consistent with the landscape patterns observed in the Klamath Mountains and the
long term sustainability. The DEIS analysis of late successional habitat does not address the
differential role of landscape setting and the interplay with fire in the long-term viability.
The analysis presented in the DEIS has not quantified the long term probability for maintaining
the habitat and the contribution that the treatments or no action would have as a measure of
viability and this should be added using the approach presented in our comments on successional
states in this communication. This new information will need to be further evaluated by the City
and community and used to adjust the community alternative or final proposed action to optimize
the maintenance of late-successional habitat while meeting fire resiliency and ecological
integrity goals.
The Community alternative put in considerable effort to maintain important ecological processes
and structures across the landscape in consideration for wildlife, and social values, which
embrace the importance of wildlife. Important features such as large trees, snags, coarse wood
and overall desired structural condition of each P AG was considered, and the intent is to retain
these structures across the landscape. The onus is on a solid justification for removal of any of
these structural components in any P AG. Thus, habitat is maintained for all wildlife species in
conjunction with associated P AGs, and heterogeneity is maintained across the landscape to
address the needs of wildlife species and-long term viability of all species.
In summary, the Community Alternative approach, which considers vegetation composition to
determine tre~atments, provides greater protection and conserva~fhabitat with consideration
of long term maintenance; treatments based on P AGs would require less maintenance, provide
for maintaining species (plant, animal, fungi) more suited to local conditions (soil type, aspect,
Page 5 of 47
etc.) and provide for long term forest resiliency while minimizing effects to species and the
habitats on which they depend. As stated earlier, it will be important for the City and community
to further evaluate the impacts to Northern Spotted Owl suitable habitat and to consider
adjustments to the community alternative to arrive at a balance of restoration and protection that
serves the wildlife habitat needs, including the larger regional needs of the Northern Spotted owl
and community needs for the long term.
2. Y ardini! Svstems~ Roads and Helicopter Landini! Pads
The DEIS at III-76 refers to past usage of helicopters and ground-based systems adjacent to the
Ashland Watershed to remove biomass. The availability and location of helicopter landings has a
huge impact on economic feasibility. The use of these landings also provides the ability to
successfully remove the merchantable products of this restoration project in the most
ecologically sensitive way. However these landings can also have negative ecological
consequences as well. The City of Ashland would like to ensure that these activities do not cause
unnecessary harm to important watershed values. With decomposed granitic soils and special
habitat values, this area is unique.
The USFS has proposed a maximum of 31 landings. If these landings are similar to those
suggested for ground-based logging, on ridgelines and low gradient positions relatively far from
the hydrologic network, then erosion effects and sediment delivery are reduced. If appropriate
mitigations are developed, then effects are again reduced. However, these general assumptions
would have to be verified, on-the-ground, at each proposed landing location.
It is helpful that most landings are already in existence. Expansion of existing landings and/or
new development would have to be carefully assessed and monitored, especially in regards to the
development of the two (2) new road segments. Seasonal restrictions on haul road use and
subsequent maintenance is also an important long-term watershed level issue.
To better prevent cumulative soil disturbance in the FEIS project area, we recomm<;md site-
specific analyses. It appears that the sediments contribution from proposed landings neglected to
account for contributions from existing landings that need to be re-cleared. The DE IS lacks
information about site-specific soil compositions and management history in each treatment unit
that will be relevant to yarding and roads, and important for decision-making. Specific soil types
and topographic positioning require different management and mitigation practices relevant to
yarding and roads.
r.:."~.
Tractor logging, cable yarding, helicopter landing pad construction, and similar activities can
expose soil, cause compaction and loss of soil at the site. Soil disturbance caused by logging
activities triggers erosion and compaction can adversely impact both soil and water resources.
The existing level of soil disturbance at the site level has not been measured and discussed in the
DEIS so that the amount of soil disturbance through the implementation of the project is
unknown. So it is impossible to know how the soil standards and guidelines of the Rogue River
RMP will be met. '. ~~... ..,~,~~
Page 6 of 47
There is unlikely to be a detectable difference between the Community Alternative and Proposed
Action regarding the level of sedimentation that would reach streams, even though the analysis
of the Community Alternative suggests slightly higher rates of erosion and sedimentation (DEIS
at 111-140).
'\'
The Community Alternative strives to encourage' small-scale operators that are able to obtain
firewood, poJles and other small diameter material - the byproducts of genuine fuels reduction.
The Forest S~~rvice should choose an alternative that can be designed and implemented to
encourage snlall-scale operations that are ecologically sensitive.
Helicopter usage has direct impacts during their use and from helicopter landing pad
construction. Helicopter use can have also have impacts on recreational experiences. Likely, the
most important operational consideration is the impact of helicopter use on wildlife. Northern '
spotted owls, goshawks and other wildlife can avoid helicopters during extended use. The Forest
Service should attempt to prevent these impacts. Similarly, the DEIS does not address the effects
on wildlife, recreation, aquatic habitats, cultural resources, and sensitive plants from repeated
landings.
Ecological objectives are the impetus for the project, necessitating that trees, particularly large
trees, are not removed in order to make a viable timber sale unit.
Helicopter landing pads can also have visual and aesthetic impacts. Over the short-term and
long-term, hc::licopter landings would be visible from a number of locations within the Analysis
Area. These landings would have both adverse and beneficial effects for the casual viewer of the
surrounding landscape. Some community members feel that these small cleared areas
(approximate:ly 175 feet by 175 feet) would detract from the unaltered appearance of many
locations within the Analysis Area. For others, the landing sites would provide valued scenic
points from vvhich to view the surrounding landscape, both within and outside of the Analysis
Area.
One short spur roads and helicopter landing may be constructed within the West Fork area
(candidate landing site #13). Other management actionssucb~as density management, pruning,
and prescribe:d fire are proposed throughout the West Fork Area (DEIS at 111-153).
3. McDonald Peak Inventoried Roadless Area
The FS proposal to take large trees from the Roadless Area is not preferred by the City and
community. When mapping areas for treatment, the Ashland Forest Resiliency Community
Alternative .A.ssessment Team (AFRCAT) discovered some limited acreage within the McDonald
Peak Inventoried Roadless Area that were possibly in need of fuel treatments. These acres were
very low on the priority scale. The team also recognized that treatments in the McDonald Peak
Roadless Are:a, in particular, would be socially controversial. Therefore, the proposed activity on
these lands is: prescribed fire and limited "light touch" hand work on small diameter (under 7
inch dbh) understory fuels and vegetation. The City of Ashland--endorses this limited work in the
McDonald Pc~ak IRA, while recognizing it is a low priority in this project.
Page 7 of 47
4. Economic and Financial Considerations
Key Concern: The economic analysis provided is more accurately described as a "financial
analysis". The City and community need a full economic analysis that would include the
following: all costs associated with mitigation of negative impacts; the costs and benefits of use
of prescribed fire, administrative needs, contracting, monitoring, etc... over the life of the
project;, and maintenance of the impacted land long-tenn, and that evaluated the economic costs
to ecological services.
Given budget shortfalls for the A WPP project, the City and community are concerned that
appropriate budgets and knowledgeable staff will be available and responsive during the life of
this project. The City is willing to lobby congressional delegates (and already has) ~or
continuing support for all work in the Ashland watershed. We need to know that every possible
dollar taken as revenue from this project will be reinvested back into this landscape. This may
inciude the use of Stewardship Contracting and-the Wyden Amendment to fund community
participation in activities that will benefit federal land. We expect that the Forest will continue
to ask for maximurrL funding for all aspects of this project, including on the ground baseline data
collection and monitoring.
Significant Issues
1) Smaller helicopters that do more thinning types of work typically run at around $3000-3500/
hour, as opposed to the $5000 reported.
2) At these high per hourly rates, efficiencies in planning and implementation using helicopters
becomes extremely important to be economically feasible.
3) Stewardship contracting has a lot of great possibilities, but is not necessarily a panacea. The
project will ultimately be no better than the quality of the contractor, the quality of the
administration of that contractor, and an adequate level of funding. Those are big caveats, with
significant ecological outcomes.
4) The continued focus on improving the market for small diameter and biomass material is an
opportunity to capture added value and defray costs for fuels treatment. The AFRCA allows for
ground based logging on slopes less than 20% with certain mitigation measures. This provides
for the opportunity to remove and market small diameter material in a more cost effective
manner.
Does the volume estimate on page 11-94 take into account what can be removed economically in
small tree size classes? Page 111-77 describes how the rough estimate ofproject revenue is
calculated for only trees 11 inches dbh and greater, essentially eliminating any ben(,fit obtained
through small diameter and/or biomass utilization. The FEIS should take into account a lower
diameter valuation limit on the 230 acres of ground based 10gging::sHowed under the AFRCA.
Figures for value can be obtained through Blair Moody at the BLM for pilot projects in Southern
Oregon. Lomakatsi Restoration Project and the Jefferson Sustainable Development Initiative
Page 8 of 47
may also provide figures for an in-depth economic analysis of small diameter through
Stewardship Contracting.
In addition, accurate estimates of small diameter value cannot be obtained from satellite imagery
due tQ the small size classes and their location largely located beneath dominant canopy trees. A
ground based survey is needed to make any meaningful analysis.
5) Expenditures to insure inventories prior to implementation of treatments, as suggested in the
Community P~ltemative, but not in the Proposed Action, is a wise and prudent expenditure in this
project.
6) A financial analysis alone provides limited usefulness. A good economic analysis will value
those ecosystem services we are trying to promote through our work. In essence, AFR can be
thought of as an investment in ecosystem infrastructure to insure continued delivery of those
resources and serVices we value, most notably water and late-successional values.
7) Take a holistic look of costs and benefits over time. There have been studies which compare
the cost of fire-fighting and post-fire restoration with the fuels treatment costs. In addition, what
would a large-scale fire mean economically for the City of Ashland in terms of water delivery,
tourism, recre:atlon, and loss of property value? Items to include in the economic analysis along
these lines could be:
-Value of homes in the Ashland WUI
-City revenue based on water sold to community per year
-Use of Contingent Valuation Method to determine economic
value held by community for existence of late-successional
habitat, reGreation opportunities, and spiritual renewal. See
http://'WW'v.ecosystemvaluation.org/contingent_ valuation.htm.
By developing real dollar values for these services we begin to
see the real situation when balancing costs versus benefits.
8) The analysis does not mention that there may be a benefit to cataloguing and treating known
populations of exotic species. Ground disturbance is assumed to make matters worse, which is
largely true, but can we analyze an improvement in the existing conditions as is planned in the
AFRCA? This would rely on ground based data collection to analyze the potential for
improvement of current conditions.
5. Successiolnal and Structural States
Representation of all successional/structural states for plant association groups shoulq,be
added as a significant issue.
The range of successional and structural states in forested settin~Yides important inputs and
constraints on elements ofbiodiveisity and the processes that operate on them at multiple scales.
Maintaining (~cological integrity of the forests depends in part on maintaining representation of
Page 9 of 47
successional and structural states within the natural range of variability. The DEIS is: correct in
elevating late-successional habitat and Northern Spotted Owl habitat as significant issues, but
should go further in quantifying and evaluating representation of other successional and canopy
structural states at a landscape scale and the effects of the current representation on long term
ecological integrity. \ '
Decline in the historic extent of late-successional habitat across the Pacific Northwest due to
timber harvest in the past century has been well documented. There is a large body of science
demonstrating the value of interior late-successional old growth for the owl and other species.
The network of Late: Successional Reserves, including one centered on Mount Ashland, were
established on federal lands to secure and increase the representation of late successional habitat.
The spatial patterning, scale, and juxtaposition of habitats is important.
Less well understood are changes in forest habitat due to a century of fire exclusion. In forests
with frequent fire return intervals, fire exclusion has led to uncharacteristic. accumulation of
forestfuels;shifts in species composition, increased density of small diameter trees, and increase~c...
in canopy closure widely documented in the scientific literature, however there remains
uncertainty on the extent of the phenomenon in the Ashland watershed because detailed local
studies have not gone far enough. While the fire events of the last century are reasonably well
documented, the history preceding that has not been well elucidated. Abundant fire scared trees,
and the species and size class composition of the forests speak to the importance of fire, a longer
fire history would help with establishing the historic range of variability, and provide a reference
or baseline to compare to the current condition
",," .._~.
The Klamath Mountains provide complex forests of different species composition, ages, and
structures controlled by the complex interplay of succession, topography and fire. Sensenig
(2002) documented the role of frequent fire in contributing to the complex structure of late
successional forests: across southwestern Oregon. In the Klamath Mountains, Franklin et al
(1998) points to the: value of the mosaic of distinct stand structures, and especially edge habitat,
to the ,Northern Spotted Owl population. The natural contribution of fire to the mix depends in
large part on the periodicity of fire returning to a forest, the intensity of the fire, and the severity
of effects-referred to as the fire regime. The historic fire regime,for dry and mesic mixed
conifer forest types found in the Ashland watershed is referred to as mixed frequency mixed
severity, and was likely quite variable.
The scientific literature about similar mixed conifer forests in the Klamath Mountains provides
median fITe return intervals ranging from 7 to 17 years, with important outliers extending the
range to 65 years (Frost and Sweeney, 2000). The variation and range around the nledian is
important for the generating much of the heterogeneity apparent.
Effective restoration would reestablish forests within the natural range of variability using
historic conditions and reference stands as general guides (Brown et al. 2004. Reference site
conditions can be determined by completing stand reconstructions, aging trees, studying the
history of trees recruited into stands, and the shifts in recruitment:tha.toccurred relative to the fire
history. Completing these stand reconstructions and fire history would greatly improve the
context for consid(~ring future management. Detailed, quantified stand investigations would
Page 10 of 47
provide guid~mce on historic basal area, spacing, clumping, etc. that could be used to set help set
perfonnance standards for restoration.
During the last century, with the exception of the 1959 fire that burned to the eanyon mouth, fire
has been largely excluded from the project area. Many fires have been suppressed in the project
area. Approximately 133 natural ignitions were suppressed since 1960 (UBW'A, 2003), and
many more naturally ignited fires were suppressed in the project area since th(~ last large fire in
1910. Fire exclusion has lead to canopy closure and increased stem density that many scientists
interpret as uncharacteristic homogenization of forest--outside the natural range of variability.
In a study on fire and stand development in mixed conifer forest in another part of the Klamath
Mountains, Taylor and Skinner (1998) found that "Recently there has been an increase in forest
density and a forest compositional shift to shade-tolerant species." Leiberg's observations of
forest conditions in and around the watershed at the turn of the previous century, while not an
adequate base1in~ for a reference condition, suggests that shifts in stand composition have
occurred in the Ashland watershed, and that a there has historically been a wide array of
potential suceessional paths along which forests developed{&;gias, 2005). Reductions in open ~
canopy habitat comprised of widely spaced large trees in the Ashland watershed has led to
declines in ce:rtain species, (e.g. the sensitive species Horkelia tridentata) that require more open
forests. In addition, the early seral structural state that historically developed following patches
of severe fire are nearly absent.
While past, current and desired proportions of successional states for each plant association
group were identified in the Upper Bear Assessment (UBW A page II-30.46 and summary table
on V-12), the DEIS appears not to have revisited or analyzed these desired conditions. In
Creating a Nfatural Landscape (DEIS page II-16), strategies to move in this direction are
discussed in the first two bullets but this direction lacks quantification. The lack of an adequate
baseline or reference conditions for the range of structural and successional states, and the
proportion of the landscape they might occupy constrains our ability to assess current conditions
or to optimalJly prescribe desired condition. The known and probable historic conditions and
rates of disturbance and successional pathways that were used in a vegetation development
dynamics modeling described in the UBW A were not disclosed in there or in the DEIS. Ideally,
the community would collaboratewith the Forest Service in reviewing the modeling and using it
to infonn decisions about desired conditions.
The further analysis requested here is needed to identify an appropriate balanc:e to seek in
restoring ecoJlogical integrity, to regain open canopy old forests while also ensuring that the
proposal would help meet the critical need for protecting highly viable and fWlctionallate-
successional habitat in a critical node for species migration and genetic dispersal. A spatially
explicit landscape modeling tool (e.g. TELSA) should be used to depict the array of probabilities
that the landscape settings offer to support each structural and successional state. Modeled
probabilities should compare current co~dition and no action to the outputs from the range of
fuel and thimling treatments (with continued fire maintenance) proposed under the two
alternatives. This analysis would provide a valuable reference for optimize retention of late seral
closed canopy forest and adequate representation of the other ser.a1lstructural states. It would be
appropriate fi)r the City and community to participate with the Forest Service in setting the
desired conditions.
Page 11 of 47
The DEIS analysis of the acreage that would be considered downgraded, due to canopy closure
reduction, from suitable nesting, roosting and foraging habitat to dispersal habitat provides new
perspective on the alternatives that is a concern to the City of Ashland and the community. The
analysis would benefit from a more clear explanation of'the suitable habitat analysis, including
maps of the suitable and dispersal habitat relative to the proposed alternatives. The City and
community will also want to consider this additional data perspective to inform the design of the
community alternative to optimize the balance between meeting ecological integrity goals for the
amount of more open canopy old stands, and provision for improved viability of the late
successional closed canopy habitats and the species that depend on them. The City and
community desire field trips with the FS and AFRCATS or the Forest Land Commission to
evaluate representative samples of habitat and the prescriptions under the two alternatives that
would impact suitable spotted owl habitat.
The Community Alternative (CA) was designed to meet the purpose and need while restoring
ecological integrity, in part by helping to restore stand heterogeneity that follows in part on the
work of Skinner (1998) who described spatial patterning in another Late Successional Reserve.
The CA emphasizes restoring more open forest stands dominated by large old trees of fire
resistant, shade intolerant species on the less productive south, west, and uppermost slopes while
retaining closed canopy late seral forest on northerly and easterly slopes, bottoms and riparian
areas, steep slopes, unstable areas, and higher elevation Plant Association Groups. It will be
important for the City and community to adjust this approach for the final EIS to reflect new
information in the DEIS.
To the extent possible, ecological integrity and fire resiliency can be achieved by setting as
desired condition and managing for desired conditions that reflect the pre-suppression era as the
baseline or reference condition to the extent that the mix of social needs can also be met. Once
this condition is met (based on monitoring and adaptive management), natural ecosystem
dynamics should be emphasized through "custodial" or "passive" management in the form of
maintaining natural processes (wildland fire use) or simulating them (i.e., prescribed burning) as
needed based on the complex factors including plant association group.
6. Soils
The discussion about soils and soil productivity in this DEIS misses some key and extremely
important facts. The FEIS should better reflect the fact that soil present on a site along with the
precipitation and temperature are the key to maintaining a plant association, which leads to most
if not all habitat. Plant associations can occur on more than one soil type, and each soil requires
unique management necessary for maintaining the soils productivity capacity.
The DEIS soil productivity discussion should be improved. For example, it needs tiQ distinguish
between surface and landslide erosion concerns, and needs to better define coarse 'woody
material (CWM) as related to percent surface cover. '"7=-:-f:-:~~
Page 12 of 47
The DEIS sta.tes that CWM will maintain the sites long-term site productivity (LTSP). CWM is
valuable for habitat as well as for holding soil in place from surface runoff and erosion if it
occupies a significant percent of the soil surface; however, it is of questionable value for
maintaining slope stability. CWM is slow to decompose, therefore it does not supply soil
organic matter in a timely manner, and does not cover {he soil surface to any great extent. The
most important organic matter for the soil is supplied by the duff and litter or fine woody
material (FWM) that extensively occupies the soil surface. This replacement is critical because
the resulting soil humus can hold up to 8 times (800%) of its own weight in water for the
vegetation and it holds and supplies nutrients for the vegetation. Humus is critical in these sandy
soils with lovr water-holding capacity and low nutrient holding capacity. The Community
Alternative (CA) has allowed for protection of soil productivity whereas it appears the Proposed
Action has not adequately addressed conservation of this important resource.
We recommend that the Community Alternative typification of CWM as 6 inches diameter plus
and as a percent of soil surface cover, be used to describe CWM. The Proposed Action has
:various sizes for CWM and addresses them as number of pieces per acre but not asaper~ntage
of surface cover. To be effective for runoff control, cover percentage and orientation on the slope
is critical. Under the discussion of Down Wood (page 11-75) the DEIS states: "A target range for
number of pieces of coarse woody material per acre was developed for each Plant Association
Group (P AG) using current plot data presented in the 2003 Upper bear Assess:ment. This range
assumes that by maintaining the desired range of coarse woody material over all the sites, long-
term site productivity would not be reduced." This point is reiterated on page III-25 under Soil
and Site productivity / Direct Effects of Alternatives. However, the analysis m.isses two
important points: (1) the importance of the other required soil productivity needs and (2)
recognition that CWM is not the major contributor to long-term soil productivity even though it
may maintain the L TSP for some habitat needs if the soil is not adversely impacted.
The DEIS relies on the WEPP model, which includes assumptions that may not be valid within
the watershed.. Surface soil erosion and its controlling factors, i.e. soil, the cover, the slope and
the climate, need greater attention. On page 1II-23 soil erosion hazard is based on slope alone,
which is an oversimplification. As mentioned above, soil characteristics, slope characteristics,
cover conditions and climate characteristics are significantdeterminants of erosion hazard. Of
these, the soil and the cover are the conditions mainly impacted by management that can lead to
soil erosion.
On pages 111-24 and 25 the DEIS states: "For all slope gradients, rates of predicted sheet erosion
increases after effective ground cover is reduced below 70%." While this is true, it is not
complete - sheet erosion increases well before the effective ground cover is down to 70%. This
predicted rate is presumably based on the WEpp model and not on-site soil conditions. The rest
of the analysis is based on predicted erosion rates based on percent slopes and not the other soil
erosion factors mentioned above.
The DEIS states that the site-specific soils mapping for planning purposes is approximately
90+% accurate. The reference to "planning purposes" is taken t~at much site verification
is needed to nlatchmanagement work to present soil conditions. In fact, the soils mapping
Page 13 of 47
referred to is not site-specific, and as a result site-specific project soils mapping will need to be
conducted as part of implementation planning.
The analysis of effects, and the comparison of the extent to which the alternatives m(~et the
purpose and need relative to protection of "Values at risk", is lacking for anticipated effects on
soil productivity or erosion.
The role of Effective Ground Cover (EGC) for soil productivity maintenance and for soil erosion
concerns is only marginally treated in the FS analysis. The ground cover the analysis gives
significance to is the CWM and not the critically important fine woody material (FWM). On
page ITI-22 the DEIS refers to the soils inorganic component vs. its organic compon~:nt, yet
misses important characteristics of the two and the overall importance of the organic component
as discussed above. The analysis also misses some of critical soils characteristics that are
important in designing management prescriptions.
The Community Altemative has addressed the above concerns. The FWM'is both effective for
erosion control and supplying the needed soil humus for L TSP. A site-specific preseription is
needed to optimize the balance between the <3" FWM component of effective ground cover for
preventing soil erosion while reducing fuel. The key issue is how and where the F\VM is
retained.
Existing soil erosion monitoring information referenced in the discussion consists of visual
observations. As visual observation is a relatively weak tool for determining erosion, line
transects are needed to measure soil erosion -- especially the sheet erosion that commonly
occurs in the watershed.
A reference in chapter ITI states that table IT-5 shows the relationship between the pe:rcent bare
soil exposed and the potential for sheet erosion. The described contents appear in Figure III-4.
This Table III-4 is based on questionable application of the WEPP model and not site-specific
post-management conditions.
We recommend incorporation of the Community Alternative approach of prowding$oil
prescriptions based on soil types so as to ensure a greater likelihood of protection soil
productivity. The DEIS on page II-65 directs the reader to Chapter III for specific soil types.
However, there are only general discussions on soils in chapter III under Soils and site
productivity. The comments lack differentiation of the range of sites.
Relying on compliance with soil standards and guidelines (S&Gs) is a good starting point but has
some limitations that should be addressed. For example: For a soil to be detrimentally displaced,
it has to be at least 5 feet wide and compose 100 square feet. Under the S&Gs if an area is 4 feet
wide or 90 square feet it is not considered toward the combined effect of an adverse: impact. On
critical soils with steep slopes and in a Municipal watershed, these smaller displace:ments can
produce extremely adverse effects especially when considered cumulatively. The Community
Alternative soil prescriptions addressed this limitation. '.. ~:......=~
Page 14 of 47
Another conc~~rn for using the S&G's without question is that the Forest's Land Management
Plan sets a maximum of 7 percent soil exposure on severely erodable soils in Restricted riparian
areas and a maximum of 15 percent exposure in both Restricted and Managed Watersheds. The
Citizens Alternative addresses these while the Proposed alternative does not address this.
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7. Bil! Tree Comments
Clarify Methodology for Estimating the Number of Big Trees to be Cut
The importan~~e of large trees to the ecological systems in the watershed, to the maintenance of
late successional habitat, and to the sensitivities of the community cannot be overstated. The
specific diamc~ter or age at which trees are considered "large," and therefore perform relatively
important ecological functions, is a function of many factors operating at the site level. In
general, indic,es of forest structure that are related to high levels of biodiversity include tree size,
tree age, foliage height diversity, canopy gaps, coarse woody debris, and standing dead trees
(especially large ones), all of which vary by species.'
Given this sensitivity, estimating the impacts to large trees in the project area from remotely
sensed data is not adequately reliable. Several researchers (Staus et aI., 2002; and Jiang et aI., in
press) found higher error rates in classifying old forests in comparison to younger forests across
the Pacific Nc)rthwest on the basis of remote sensing data. While imagery is useful for design of
actions and planning (II-17), it should not be used for estimating large tree densities, without
verification of the accuracy of the data in the watershed. The data quality should be quantified
specifically for trees larger than 17" in the Ashland watershed stratified by the range of settings
and stand typc~s that are proposed for treatment in the two action alternatives. The numbers of
trees marked for cut by diameter class in the recent A WPP work may provide a useful guide for
at least part of the watershed. The City has already agreed to work with existing data, but
verifying the accuracy in this context is especially important to the community.
Regardless, the numbers of large trees/acre that the DEIS indicated would be cut pursuant to the
Community.A.1ternative (Table III-22, page III-73) seemed significantly higher than the team
involved in its development believes their prescriptions would dictate. Our o~jective is to retain
the largest trees on any given site, regardless of size, and only remove large trees if justified and
confirmed through a rigorous tree-by-tree verification protocol. If we apply the prescription
rationale for the Community Alternative to the stand tables listed in Appendix H of the FEIS for
the Ashland \'1 atershed Protection Proj ect, our basal area guidance would dictate that no trees
greater than 18 in dbh in would even be considered for cutting in 12 of the 19 units. In the seven
remaining units, trees greater than 18 inches dbh would be individually examined to determine if
there is an ecological justification for treatment, while still retaining at least 18 to 36 trees per
acre greater than 18 in dbh. We expect that most of the large trees for which there may be a site-
specific justification would be in the 18-24 in dbh category.
Evaluation l'reeds Broader Scope and Additional Specificity
Given the fact that the Purpose and Need specifically references4e1>rimary goals of the
Ashland Watershed to include protecting and enhancing late-successional and old-growth forest
ecosystems (as well as providing water for domestic supply) we recommend that the evaluation
Page 15 of 47
be expanded to fully assess and compare impacts to old-growth forests - one element of which
are big trees (see for example, the various discussions of monitoring and comparison indicators
in Chapter II, and the discussion regarding attainment of purpose and need in Chapter III).
In addition to a desire to manage for the primary goals\of the watershed and protect these "values
at risk," there are at least three reasons why the public and scientists are concerned about
protecting large trees, and therefore at least three reasons why the evaluation of environmental
consequences should be expanded: (1) large trees have been disproportionately targeted for
logging and therefore are a limited resource in most forest areas, including the Ashland
watershed; (2) large trees tend to be resistant to low to moderately severe fire and therefore are
differentially important in maintenance of forest resilience (another stated project purpose); and
(3) large trees are preferred by many species of wildlife, including cavity nesting birds, denning
mammals, and species of concern such as goshawks, fisher, and the spotted owl. In addition,
large tree removals (along with bulk crown density reductions) could be directly responsible for
the downgrading 'of suitable spotted owl habitat to dispersal habitat resulting in redw:;ed project
values (late-successional habitat)ancla,"may affect and may adversely effect" deterrnination
(and likely to adversely effect) for the northern spotted owl.
Furthennore, the discussion of the environmental consequences of the two alternatives (page III-
19) should address survival of large hardwood trees, particularly madrone, and should reflect the
fact that not all large trees are equally resilient to fire. In addition, the DEIS evaluation of effects
should discuss the implications of the rigorous review process mandated by the Cornmunity
Alternative (with respect to both 17-24", and> 24" big trees) as well as address the :alternative's
provisions that prioritize keeping cut large trees on site as large woody debris or snags.
Verification Process Provides Needed Sensitivity for Big Trees
Given the public interest in protecting old-growth characteristics, we applaud the agency's intent
to treat commodity production as a by-product of management (II-16) in this project.
Furthennore, we encourage the agency to incorporate a conservative approach to reJnoval of
large trees as part of the trust-building the agency is seeking.
:'~~TheAshland community has taken to heart the widespread scientific support for ret~~ntion':Qf;:'J,,;;,
large fire resistant and legacy trees (see Franklin and Agee 2003). We are aware of and
sensitive to the fact: that many birds, particularly cavity nesters, and mammals find denning and
nesting habitat in the larger trees (dead and alive) and downed wood within the forest (Bull 1975;
DellaSala et al. 1998; Maser et al. 1979; Neitro et al. 1985; Rose et al. 2000 for review) and the
fact that large woody debris is critical to the ecological function of aquatic systems (FEMA T
1993; Maser and Sedell1994; Naiman et al. 1992).
Since the agency is reluctant to use a diameter-based harvest prohibition to garner public trust -
despite the fact that this approach has been used effectively to build trust in other projects (e.g.,
the Boaz project in the Applegate; six projected in the Illinois Valley; and various projects in the
southwest, Allen et al. 2002), we strongly encourage you to adopt the verification process
described in the Community Alternative. In the 2004 City sale;11:Yd.ification proc(~ss was used
that numbered, mapped, and described reasons for every tree bigger than 1 7" dbh that was
marked for removal so that each and every tree could be visited in the field if need be. This
Page 16 of 47
arrangement seemed pretty successful- both in terms of our ability to implem,ent the project and
with respect to increasing our ability to demonstrate to the public the validity of our big tree
decisions. Furthermore, we recommend that you adopt the provisions in the Community
Alternative that mandate large trees felled for "forest health" reasons be left on site to achieve
coarse woody debris or snag requirements for large materials.
This project provides a wonderful opportunity for the Forest Service to create a different model
and approach, both from an ecological and a collaborative perspective - our watershed and the
surrounding (;ommunity deserve it! It is important that we avoid inappropriate tree removal in
the name ofHfuel reduction," while allowing caring, concerned professionals the flexibility to do
what is needt::d on a site-by-site basis. We believe a useful and pertinent verification process that
oversees decisions involving big tree cutting, coupled with specific criteria for large tree
retentions, and pursued with codified and meaningful City and public involvement during the
implementation process (see opening remarks) is the best approach for ensuring ecologically-
sound management, while also helping to make decisions transparent to the public.
Finally, we note that it is not uncommon for large trees to occur in clumps in fire-adapted forests
(DellaSala et al. 1998). An understanding of this phenomenon should guide on-the-ground
application of Big Tree decisions and be documented in the verification process.
Implementa1tion Must Ensure Large Trees are Prepared for Prescribed Fire
While we support and strongly encourage the use of prescribed fire in appropriate P AGs
whenever conditions are appropriate, we note that duff layers around large trees may have
accumulated during the period of fire exclusion. Reintroducing fire could result in large tree
mortality due to root damage caused by cooking built up duff layers. In the southwest, this
activity has been observed as the primary cause of mortality in large ponderosa pine during
prescribed burning (pers. commun., Dr. Wally Covington, Northern Arizona 'University) and
researchers have mechanically (through raking) removed some of the duff layer at the base of
large trees to reduce impacts prior to prescribed fire. We suggest you determine the effects of
fire exclusion on duff layers at the base of large trees, effects of prescribed fire on risk of large
tree mortality, and consider reducing duff build up prior to reintroduction of fire as. needed.
8. AQuatic/lliparian Comments
Concerns over the effects of land management in the watershed on soil erosion and water quality
are long-standing. Thirty-five years ago these concerns led to a moratorium on logging within
the watershed and last year they were a major issue raised during community discussions on the
Mt. Ashland Ski Area expansion. More recently the potential implications for increased erosion
resulting fronll an intense fire have become the subject of attention. Given ow' community's
long-standing and continuing interest in the integrity of the aquatic ecosystem, we were' gratified
to see that th(~ Purpose and Need for this project identifies protecting "values at risk" (including
the aquatic portion of the ecosystem) as a project purpose and notes that one of the primary goals
of the watershed is providing water for domestic supply. To refl~~~~, the DEIS discussion
regarding attainment of the Purpose and Need (Table II-9) and impacts on significant and other
issues (Tables II-I0 and II-II) should be expanded to include full consideration of the
environmental impacts of the alternatives on the integrity of the watershed's aquatic ecosystem.'
Page 17 of 47
Risk of Fire v. Risk of Treatment Reach a Different Balance in Riparian Areas
Significant evidence exists to conclude that although fires can have substantial effects on streams
and riparian systems and may threaten the persistence of some populations of fish, particularly
those that are small and isolated, major new efforts to actively manage fires and fuels in forests
may be a threat rather than a benefit to conservation of native fishes and their habitats. This is
particularly true when treatments are focused on addressing forest management symptoms (e.g.,
fuel load, etc.) rather than on restoration of natural processes (Rieman et al. 2003). Furthermore,
scientific research has demonstrated that fire through unlogged watersheds can result in
significantly less erosion and sediment movement than fire through a logged watershed (with the
extent of this difference dependent upon the specific logging practices used). As a result,
analyses in the DEIS should reflect an awareness of the risks that actions undertaken to reduce
the risk of fire can present to the health and ecological resiliency of aquatic ecosystenls.
Opportunities for Restoration Actions Should Be Incorporated
A number of opportunities for restoration (including watershed restoration projects, road.
restoration and improvements, and fisheries enhancement projects, among others) were
eliminated as non-connected actions (page II-lO). However, many of these restoration projects
provide an opportunity to improve the ecological integrity of the watershed, thereby responding
to the DEIS's purpose of increasing the overall resiliency of the project area.
Dunham et al. (2003) suggested that pre-fire restoration efforts to promote persisteUi~e of fishes
in fire-prone landscapes by alleviating damage caused by past human influences are likely to be
the most effective approach for obtaining conditions that are more resilient to wildland fires.
Other researchers also have concluded that active management to restore diverse ecosystems that
are more resilient to fire should not focus solely on efforts to modify future fire behavior, but
should instead aim to maintain and restore forests and aquatic ecosystem so that they can
respond to and benefit from inevitable disturbances such as fire. Logical priorities for restoring
fire resiliency in the aquatic and riparian environment would be to address habitat loss,
degradation and fragmentation (including restoration of fish passage), channelization, chronic
sediment inputs and accelerated erosion (including management of roads), changes in hydrologic
regime, and nonnative species invasions (Bisson et al. 2003; Dunhametal. 2003).
AFRCA Riparian/Aquatic Provisions as Characterized in the DEIS Need Clarification
The DEIS needs to make clear that the Community Alternative requires that site-sp1ecific
delineation of riparian areas be completed prior to project implementation so that the "default"
delineations specified for riparian reserves in the Northwest Forest Plan can be superceded with
on-the-ground identification of riparian areas tailored to real conditions in the Wate:rshed. The
riparian delineation should follow the regional Watershed Analysis guide protocols.
Once an on-the-groUl1d, site-specific delineation of riparian areas is complete, the Community
Alternative specifies that the prescriptions for treatments (i.e., restoration) in riparian areas
would be applied only where past timber harvest made restoration of riparian function necessary.
That is, treatment within riparian areas generally would occur o~_-:an action undertaken to
restore riparian forest structure (e.g., to increase the amount of large wood) on those portions of
the landscape impacted from past timber harvest projects.
Page 18 of 47
Notwithstanding this general rule, it is important to note that the Community Alternative
identified sonlle small areas that may be within currently delineated default Riparian Reserves
that provide strategically important "connections" to other treatment units. These specified areas
may receive a "gradational treatment" approach from the upland treatment area to the 50" no-
treatment buffers imposed around site-specifically delineated riparian areas, with the
understanding that the riparian area boundaries would be delineated as described above (refer to
clarification language submitted on February 4). The DEIS does not adequately reflect the
Community A.1ternative on this point.
The effects of the community alternative on Riparian Reserves (page 1II-83) should be re-
evaluated to reflect this more complete understanding of the alternative's provisions.
Assumptions: about Fire Wicking Behavior in Riparian Areas is Unsupported
The DEIS justifies bulk crown reductions and some large tree removals in riparian areas based
on a presumed "wicking effect (11-44)," yet provides no data or scientific literature to support a
conclusion that this effect is likely in the project area. Effects ofwicking, including the actual
existence of this effect, remain unclear at this time. While riparian areas within canyons may
funnel fires caused by high winds in some cases, this phenomenon is not expected project-wide.
Regardless, fire wicking should not be used to justify crown closure and large tree reductions in
riparian areas throughout the project area, particularly given the concerns expressed above
regarding the risks of fuel reduction treatments within riparian areas.
It is worth no1ting that observations of the Biscuit fire indicate that there was no riparian "wicking
effect" and that instead canyon ravines and the lower third of riparian areas burned under lower
intensities than uplands (DellaSala and Strittholt in review), except in those portions of the
landscape where extreme conditions of temperature and wind resulted in bum patterns
unconnected to vegetation (i.e., all areas exhibited a stand replacing fire).
Several Clarjifications of Assumptions and Models are Needed
Retention of high levels of down wood is a key design element of the Community Alternative
(both to beneHt soils and. aquatic ecosystems). There appears to be some confusiori regarding the
relationship between the Down Woody Material targets in the DEIS and the current range of
DWM indicated in the Upper Bear Assessment. Although the proposal calls for retention within
the upper one third of the range for down logs for that P AG, the targets listed in Table II-I do not
correspond to numbers within the upper one third reported in the Upper Bear Assessment (2-25).
This needs to be re-visited and clarified since it is a critical element of the project.
The DEIS does not address surface soil erosion and its controlling factors well. Contrary to
conclusions on pages 111-24 and 25, rates of predicted sheet erosion increase w'ell before the
effective ground cover is down to 70%. In addition, we ask that modeling information on
sedimentation expected from cumulative effects in the watershed, including Mt. Ashland
expansion, sp,ecifically be provided. Finally, the DEIS should specify which models will be used
to evaluate imlpacts to hydrologic or other non-fire watershed p.~9.,?e~_es. relevant to assessing the
extent to which the domestic water supply and old-growth forest&cO'itdition purposes will be met.
Page 19 of 47
Community Alternative Addresses Management Direction and Ecological Limitations
The Community Alternative has several specific strengths that will help protect the integrity of
the aquatic ecosystem that are worth noting. 1) The citizen's alternative addresses inherent
limitations in application of soil standards and guidelines in a Municipal watershed and in
Restricted Riparian Areas (i.e., soil displacements less'than 5 ft wide and 100 square feet are by
the standards & guidelines definition not considered when detenuining combined adverse
impact). The soil prescriptions specified in the Community Alternative (Appendix 1) provide
site-specific mitigation measures to protect soil productivity and minimize soil erosion potential.
2) The Community Alternative responds sensitively to landslide hazard zones by minimizing
treatment on landslide hazard zones 1 & 2 (III-8). 3) The Community Alternative responds with
greater interest in maintaining and restoring riparian forest ecological integrity. At a minimum,
we suggest that in order to protect aquatic and riparian resources, the Preferred Alternative
provide greater large tree and canopy retentions in riparian areas and landslide areas.
9. Indicators are Needed for Full Analvsis
The public and the decision maker need a full discussion of the environmental consequences of
the actions under consideration so as to allow for an infonued choice. We believe that the public
and the agency decision maker would be well served by a methodical re-evaluation of the
indicators used in the DEIS to measure the anticipated ecological outcomes of the alternatives.
Analysis and Monitoring Need to Measure Ecological Effects
Many of the indicators used in the DEIS would have greater utility in project impletnentation
monitoring (that is, contract QA/QC) than they do in either evaluating environmental
consequences of the alternative actions or monitoring project effectiveness; that is, the indicators
measure how much treatment is to be undertaken (e.g., acres treated) but do not eva]luate the
ecological effect of the proposed treatment (e.g., anticipated shift in the stand composition in
tenus of% shade tolerant/% shade intolerant species). The DEIS should more directly discuss
the ecological implications of the acres, miles and stands, et cetera, treated. The quantity of
treatment does not in and of itself explicate the environmental consequences of the. action.
We recommend that measures be added so as to compare consequences during the lffiP A
analysis and monitor ecological effects of project implementation. Appendix 2 provides some
thoughts on the ecological questions, indicators and measurement we believe might be
appropriate for measuring ecological effects of this project.
Analysis Should Evaluate Effects Relative to all Objectives.
To evaluate and compare the extent to which the two action alternatives meet the purpose and
need, indicators must be developed for all the inherent objectives, including "prote(~ting values at
risk." It currently is impossible to compare the relative merits of the alternatives relative to this
project purpose, because the analysis incompletely assesses the degree to which the: objectives
associated with protecting values at risk (e.g., domestic water supply and late-succ(;~ssional forest
conditions) are likely to be met. As the DEIS is revised in comiug,n10nths we reco:mmend that
Table II-9 and associated discussions evaluating and comparing the alternatives in 1tenus of
attainment of purpose and need be revised.
Page 20 of 47
At a minimurn, indicators should be included to evaluate the differences among the alternatives
in achieving 1he primary goals for the Ashland Watershed (i.e., "providing water for domestic
supply" and "'protecting and enhancing conditions of late-successional and old-growth forest
ecosystems") as identified in the Purpose and Need (page 1-5). At a minimum, we suggest that
the following also must be evaluated to compare the alternatives' impact on "values at risk":
· The degree to which wildland urban interface (Will) private property, including lands
within the City of Ashland borders, is protected. One of the main goals of the HFRA is
reduction of fire risk to communities through fuels treatment in the WlJI (the part of the
watershed where the bulk of human activity takes place and where there is a high ignition
potential). Therefore, effectiveness of the Will treatment in protecting structures, private
property, and the City's water treatment plant - that is, community fire protection-
should be a significant element in the evaluation of alternatives.
· The degree to which habitat diversity and heterogeneity is maintained/restored. The end
product of the restoration work in the watershed will dictate the size, intensity, and
pattern of the next wildfrre or even prescribed fire, which in turn creates new forest
structure and habitat for plants and animals. It appears that the fuel discontinuity network
of the AFRCA limits fire effect and intensity in a way that enhances future biodiversity
by juxtaposing smaller units of differing treatments based on site specific ecological
paranleters.
· The degree to which probability of ignition and fire suppression effectiveness are
affect~~d.
· The extent to which the alternatives meet each of the Northwest Forest Plan Riparian
Management Objectives (RMOs) and Late-Successional Reserve Objectives (LSROs).
Given the landscape/watershed scale of this DEIS, it is imperative that indicators be
added to facilitate a comparison of the effects of the alternatives on attainment of the
, RMOs and LSROs specified in the Northwest Forest Plan.
Indicators used to evaluate the alternatives relative to significant and other issues should be
coordinated with the monitoring questions listed in section II.C.7 as well as with indicators
used to assess attainment of purpose and need.
Indicators are: used to compare the environmental consequences of alternatives relative to
significant issues, relative to other issues, relative to attainment of purpose and need, and to
answer monitoring questions. These measures of environmental consequences should be
coordinated, particularly when the same issues are the focus of the alternative comparison and
the monitoring question. In general, the kinds of indicators useful in post-ptoject effectiveness
monitoring also are the kinds of indicators useful in comparing anticipated environmental
consequences: during NEP A analysis.
For example, in order to make an informed decision, the public and the decision maker will need
to know how the alternatives impact water quality and hydrolo~~on (significant issues 3,
4, 5 and other issue 1,2, 13; Table 11-10 on page 11-93 and Table II-lIon page 11-94 to 11-95). Insorder to determine project effectiveness, monitoring will need to determine if water quality and
Page 21 of 47
hydrologic function are being maintained (monitoring question WQ & HF 1, section ILC.7 on
page II-87). The same indicators can and should be used in both instances.
That is, answering the monitoring questions and comparing anticipated environmental
consequences requires indicators to evaluate impacts on 'sediment recruitment and movement,
recruitment of large woody debris, and changes in flow regime (including minimmu, maximum,
and peak flow), as well as indicators for answering the specified monitoring sub-questions
(temperature, pebble counts, % riparian area protected during disturbance, macroinvertebrates,
fish habitat and populations).
By coordinating the NEP A and monitoring indicators the public and the decision maker also will
be more able to implement adaptive management principles during project implementation.
10. Fire and Fuels
Community Support for Fire and Fuels Work
In 2004 the City Forest Lands Restoration Project completed 183 acres of treatment on City
lands low in the watershed, in the interface zone. This project was unanimously approved by the
Ashland Forest Lands Commission (an appointed body) and the Ashland City Coun1cil (an
elected body). This demonstrates strong and growing support for management in the interface.
The approval of the AFRCA by the Forest Lands Commission and the City Council demonstrates
a growing ~illingness to plan, implement, and evaluate active fire and fuel managernent tied to
ecological restoration in appropriate settings in the watershed
Prescribed Fire
The level of prescribed burning needed, as envisioned in both alternatives, clearly exceeds the
current capacity of the USFS to implement. There are a wide range of impediments to
completing prescribed fire. Therefore prescribed fire plans need to be completed in advance and
those resources need to be allocated to facilitate burn operations whenever an appropriate
ecological and operational burn window exists. In AFRCA, treating the WUI is priority one.
The USFS indicated that they would use FLAMMAP and F ARSITE but that analysis was not
shared in the DEIS.
11. Silviculture
Forest Resiliency
Agee and Skinner (2005) define a resilient forest, with respect to fire effects on forest stands, as
one capable of maintaining substantial live basal area after being burned by a wildfire.
I~~-"'_..!
. ---. .. .--. --
The impacts of "no action" in dry forest ecosystems must incorporate the probability of stand-
replacing, intense fire where stand density has increased and dead fuel accumulated in excess of
Page 22 of 47
historical levels. The probabilities of wildfire in space and time are not well defined: wildfire
may not occur here this year or there next year, but at some scale the spatial loss per time period
can be defined. It may be quite difficult to point to a particular stand and define its probability of
burning in some given future period, but the probability that substantial areas of dry forest will
continue to be burned by severe wildfire is known, and it is high.
The challenges are real, and become more important each year. Dry forests continue to burn at
unprecedented rates, em placing undesirable landscape patterns for a century or more, and
reducing opportunities for restoration. Restoration activities are critical. We know what to do,
and know, at least at a stand scale, how to do it right. Our greatest challenge is to expand that
scale with socially acceptable treatments to sustain these dry forest landscapes into succeeding
centuries.
Other elements that define a forest that is resilient to wildland fires also must be considered (see
further discussion regarding ecological integrity) when evaluating the degree to which the
alternatives nleet the stated project purpose of "obtaining conditions that are more resilient to
wildland fire."
Hardwoods
The DEIS dOles not adequately address the ecological value of hardwoods in the Ashland
watershed. hi Chapter 2, there is some discussion of the importance of hardwoods as an
ecosystem component but the discussion does not fully describe their contribution for forest
structure (canopy layering), mast and berry production, and as habitat (for example, oaks will rot
from the inside out and provide habitat for cavity nesting species while the tree is still alive).
The fact that hardwoods have a good chance of surviving fire events, retaining their root
systems, and holding the soil in place post fire is not well described. Another benefit of retaining
hardwoods not mentioned in the DEIS is their cation recycling benefit for the forest community
and soil productivity. Hardwood leaves decompose more rapidly and help develop soil humus
more readily.
Insect Relat.~d Mortality
The cOITununity alternative does a better job of recognizing the uncertainties associated with
insect and pa1thogen populations, as well as addressing the positive and negative aspects of these
populations. The Forest Service has collected insect mortality data for the Region for more than
25 years (http://www.fs.fed.us/r6/nr/fid/as/as-data.shtml shows infonnation for i980 to 2005).
Additional analysis of this data sp~cific to the Ashland Watershed would aid in detennining
quantitatively the current status of insect infestation and the trend(s).
Legacy Trees
The tenn "legacy" tree should be expanded to include hardwoods and white fir as described by
cohort sizes.
Project Impllementation
A range of acceptable basal areas should be a part of adaptive managenlent for this project.
Significant deviations from general prescriptions could be delineated during the implementation
process with appropriate justifications for these deviations.
Page 23 of 47
Using target relative density as a way to measure when management objectives are reached is a
sound idea. In order to do this, similar stand types must be stratified, plot data collected, and run
through a computer program such as ORGANON so that relative densities by species and size
class can be determined for each stand. Each stand must then be revisited and ground truthed to
lay it out for whatever treatment is prescribed. For commercial thinning projects, after stand
stratification, the same goal can be achieved by switching to a basal area leave tree nlark using
the basal area targets described in the DEIS (Chapter 2, page 11-69: an overall reduction in stand
basal area not to exceed 50 percent of existing basal areas, or a specified basal area range (60 to
80 square feet in the White Oak P AG, 80 to 100 square feet per acre in Ponderosa Pine P AG,
100 to 120 feet in the Douglas-fir PAG and 120 to 150 square feet per acre in Whit~~ Fir PAGs),
whichever is greater.). This focuses on the retention trees and the amount of basal area left can
be measured easily with a prism. Collection of plot data in each unit would not be necessary.
It is important to recognize that higher order strategic and logistical realities could easily reduce
the number of acres it is feasible to treat under either alternative. For example, in the City
alternative, there are many isolated pixels that logically would not be converted into management
units either because of limited access and/or cost-effectiveness concerns. A minimum acreage
size for an acceptable unjt for any type of activity (e.g., 2 acres for non-commercial fuel
reduction; ten acres for prescribed burning, etc.) would remove these more scattered, small
acreages and might be a practical approach. This type of refinement could be undertaken as part
of discussions we anticipate will occur with the USFS in an attempt to arrive at a m<:~lded
alternative for the FEIS.
It is important to note that significant on-the-ground application of the alternative ultimately
selected for implementation has been left to a post-FEIS/ROD implementation planning process.
We have consistently voiced our belief that site-specific information is needed to appropriately
implement whatever direction is approved for implementation.
Riparian Area Connections Treatment
The Community Alternative specifies that some small portions of currently delineated default
Riparian Reserves have been identified for treatment because they~p(oyide.connection between
upland areas that are a high priority for treatment (that is, they are within 200 feet of other
settings should be treated). These areas would extend the higher priority treatments by
implementing a "gradational treatment" down slope into lands included within existing Riparian
Reserves to take advantage of resiliency, existing or created. However, the treatment would not
extend into land within 50' of riparian areas as redelineated pursuant to the regional Watershed
Analysis guide to reflect real on-the-ground conditions within the Ashland Watershed (see
section 8, Aquatic/Riparian Areas). An interdisciplinary design / rationale for site-specific
prescriptions must be developed for these treatments and consider maintenance of fUnctional
riparian habitat while reducing fuels.
Spatial Scheduling
The DEIS discusses temporal scheduling but not spatial scheduling.;""'As such, the discussion
understates a key component of AFRCA; that is treating the area closest to Ashland first. It is
Page 24 of 47
stated earlier in the DEIS (II-58), but not reflected adequately in the analysis of effects or the
assessment of the degree to which the alternatives meet the purpose and need.
Treatment Staging
Some stands:in the project area would need staging, with a probable decrease in need with'
increasing el<:~vation and/or stands of currently reduced stand densities. However, these stands
that do need staging badly need it - particularly those threatened stands at very high densities
that currently retain important wildfire management values in the fonn of significant vertical fuel
discontinuitie:s (e.g. Units B, N on the City ownership).
12. Botanical Resources
The analysis 'was thorough and appreciated. Effects analysis could be infonned by the BLM
analysis of prescribed burning on Cyprepedium fasciculatum.
13. Ecolo!!icul Inte!!ritv
The best means for achieving the objectives outlined in the Purpose and Need is to undertake
actions to restore the ecological integrity of the watershed. An ecological restoration approach
helps ensure that the "values at risk" within the watershed are protected, and is the best approach
for obtaining "conditions that are more resilient to wildland fires" over the long-tenn. Such an
ecological restoration approach was the philosophic underpinning that guided development of
the Community Alternative.
In contrast, an approach narrowly focused only on reducing hazardous fuels and crown fire
potential may result in detrimental effects to watershed values that could be avoided and/or miss
opportunities to improve the watershed's fire resiliency that could be taken if a broader
ecological perspective were used. Such a narrow focus has is more likely to increase the
potential that values at risk will be harmed as a result of treatment, particularly those values
associated with protecting the domestic water supply and protecting late-successional conditions.
Such avoidable harm could occur either directly as a result of actions taken or indirectly due to a
failure to tak(~ steps needed to prepare the watershed to respond to and benefit from the next fire.
Therefore, we strongly encourage you to incorporate proactive steps to restore the ability of the
watershed to respond positively to fire. For example, by addressing habitat loss and
fragmentation; resolving accelerated erosion, chronic sediment inputs and other changes in the
hydrologic regime (e.g. associated with the road network, the ski area development, old skid
trails, etc.); and undertaking other actions to restore ecological integrity so as to alleviate the
influence of human disturbances in the watershed that are likely to interact with fire in such a
way that the eonsequences of wildland fire are more severe than otherwise would be the case.
We also encourage you to conceptualize efforts to increase the fire resiliency of the watershed as
a corollary of increasing the overall ecological integrity of the project area.
.;'."~;...:.~-~
Furthennore, the analysis of the effects of the alternatives should evaluate and compare n9t only
the anticipated changes in fire behavior expected to result (i.e., the degree to which fuel loads
Page 25 of 47
and crown fire potential will be changed). It also should compare the effects the alternatives are
likely to have on a range of measures for ecological integrity. Such an analysis is critical to
detennining the extent to which values at risk are protected and the degree to which terrestrial,
riparian and aquatic ecosystems are capable of responding with resilience (i.e., the de:gree to
which conditions that are more resilient to wildland fire are obtained and values at risk are
protected). We strongly recommend that the analysis of effects be broadened so as to disclose
more fully the environmental consequences of both the action alternatives. Such an analysis is
likely to demonstrate that the Community Alternative not only will result in reducing fuel loads
and crown fire potential, but also will restore a greater degree of ecological integrity than is
likely from the proposed action. However, unless these environmental consequences are
evaluated and specifically detailed in the FE IS (particularly with respect to effects on aquatic and
late-successional resources), the public and the Forest Service will not have the analysis needed
to detennine which alternative best meets the stated purpose and need and the decision will not
be as well infonned.
14. Inventory and Monitorine
The Record of Decision should specify that inventory and monitoring are inherent, critical
components of the project decision, and that as a result, adequate funding and staffing for these
project elements are as important as similar considerations associated with implementation of
any other project element (i.e., the fuel reduction treatments). Without adequate pre,-treatment
inventory and project monitoring we have very little confidence that the project trea1ments can
be properly implemented.
Pre-Treatment Inventory
Stand level inventory should be used to develop site-specific prescriptions during the
implementation phase. Individual site differences may suggest slight prescription changes to
more accurately reflect the inherent heterogeneity of site conditions within and among
the treatment units/areas arrayed across the watershed."
On-the-ground assessments will be needed to tailor riparian area delineations to th~ conditions
extant within the watershed.
Monitoring Priorities
Monitoring should be prioritized in the Ashland RNA. If the RNA plan needs to be updated to
do this, it should be done as soon as possible to facilitate effectiveness monitoring efforts.
15. Literature Cited
James K. Agee, Carl N. Skinner, 2005. Basic principles of forest fuel reduction treatments.
Forest Ecology and Management 211 (2005) 83-96
Allen, C.D., M. Savage, D.A. Falk, K.F. Suckling, T.W. Swetnamr!"-:~chulke, P.B. Stacey, P.
Morgan, M. Hoffman, and J. Klingel. 2002. Ecological restoration of southwestern ponderosa
pine ecosystems: a broad perspective Ecological Applications 12(5):1418-1433.
Page 26 of 47
P.A. Bisson, B.E. Rieman, C. Luce, P.F. Hessburg, D.C. Lee, J.L. Kershner, G.H. Reeves, R.E.'
Gresswell. 2003. Fire and aquatic ecosystems of the western USA: current knowledge and key
questions. In: M.K. Young, R.E. Gresswell and C.H. Luce, eds. The effects of wildland fire on
aquatic ecosystems in the western USA. Forest Ecology and Management. Vol 178(1-2): 213-
229. \ \
Borgias, D. 2005. John B. Leiberg's 1899 Observations on the Forests and Fire in and
around the .Ashland Forest Reserve and the Ashland Creek Watershed. In USFS 2005.
Ashland Forest Resiliency DEIS, Appendix.
Brown, R.T., lK. Agee, and J.F. Franklin. 2004. Forest restoration and fire: principles in
the context of place. Conservation Biology 18:903-912.
DellaSala, D.A., R.G. Anthony, T.A. Spies, and K.A. Engel. 1998. Management of balk eagle
roosts in fire..adapted mixed-conifer forests. J. Wildlife Management 62(1):322-333.
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populations: landscape perspectives on persistence of native fishes and nonnative fish invasions.
In: M.K. Young, R.E. Gresswell and C.H. Luce, eds. The effects of wildland fire on aquatic
ecosystems in the western USA. Forest Ecology and Management. Vol 178(1-2): 183-196.
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3-72 to 3-78. (http://www.roadless.fs.fed.us/documents/feis/documents/voll/chap3 health.pdt)
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';'~'-'''':'''/.
,,-.--"'" -. "~-- --S
Page 28 of 47
APPENDIX: Draft Community Alternative Monitoring Framework: Proposed ecological
Questions, Indicators, and Measurements.
DRAFf Ashland Forest Resiliency Monitoring Framework
Proposed Ecological Questions, Indicators, and Measurement
May 23, 2005
The table below suggests indicators most useful for measuring if planned treatments are effective
at appropriate scales at reducing the potential for, and scale of stand replacement fire events
while maintaining other ecological integrity and resource values, including water supply and
water quality and late successional species habitat in forests that are influenced by fire over the
long tenn. The effects of roads should be added. The order is a rough cut at the priority given '
by the Ashland Forest Resiliency Community Alternative Technical Team.
l~~,~___,~.~
...........,. ';-0- __
Page 29 of 46
Is ecological integrity and resiliency maintained?
I.
FIREMON protocol for inputs
. Species, density and size of
dead?) trees
Crown bulk density
Height to crown base
Canopy closure (aerial fuels)
Ladder fuels
Sub-canopy cover composition
Forest floor veg. composition
Down woody fuels (Brown)
(see Bob Shoemaker, Charlie Martin)
live (and
.
.
.
.
.
.
.
See below
...over 40%
of the project
area.
See below
Are potential fire behavior and effect adequately reduced?
FLAM MAP analysis, potentially
consistent with the EIS effects analysis
See below
1.
What is the change in the
potential and scale for
stand ~placement fire
events
$/PLOT?
/
See above
e.g.: Good:
<10, Fair: <14,
Poor>14, TBD
<10?
days crown fire initiated
1
.. "I.'
\ ,
~
i
~
, 1
See above
?
<3?
days crown fire sustained
2
(FLAM MAP, FVS, also see John
Sessions JACO models or similar)
of46
Page 31
Ranking
Goal?
Watershed more resilient to fire?
Potential Live tree biomass retained
post fire, or other tree survival rating
from ~ire Severity outputs from
FLAM MAP. Consider Forest Vegetation
Simulation FVS or other stand
development model. Outputs and
graphic of composition and structure
(stratified bv PaQ and treatment settinQ)
Are forests of the Upper Bear
2.
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Richard,
Rosgen on midslope streams looking at
effects of global climate change. Channel
condition at least below ski area middle
fork above the loop road.
/
Vicky Sturdevant (SOU)
Key species surveyed abundance and
distribution
Page 35 of 46
above the Hossler Dam
. Hydrograph (timing, amount
of water)
. Sediment
Ashland Creek outlet and major forks
above the Hossler Dam
. Macroinvertebrates
. Sediment
. Pebble cementation
. Pebble counts
the current production of
water
Do treatments support
desired water quality?
28
29
30
31
32
33
.
Ashland Creek outlet and major forks
above the Hossler Dam
. ROSGEN rating for cross
sections. See thalweg
measure from TNC
Do treatments support
desired stream habitat
and function?
34
Is the social capital to support ecologically compatible management increased?
I
9. Do the treatments maintain public support, access and participation at desired levels?
Groups, individuals, student volunteers
at meetings, field monitoring
discussions, field trips.
Survey sentiment/perceptions in
community of treatments, and
treatment effects.
Public Support
Supportive public
participation in restoration
and monitoring
;
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: I
'I.
Public access to monitoring
results on web site.
Supportive comments, letters to editor
Impacts of recreation, benefits to
recreation
recreation
Public use and
Survey level abundance and
distribution of species important to
indigenous people
Are key plant spp important
to indigenous people
maintained at desired
abundance and distribution
at level?
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APPENDIX 3. Letter from Dave Perry regarding successional states
September 4.. 2001
Dear Members of the Regional Interagency Executive{:ommittee*:
Weare environmental scientists with long experience in the Pacific Northwest and
expertise that includes conservation biology, disturbance ecology, geomorphology, zoology,
ecosystem science, and the ecology of lichens, fungi, invertebrates, and mollusks. The purpose of
this letter is to request that you exercise the adaptive management provisions of the Northwest
Forest Plan to protect all remaining late successional/old-growth forests! (LSOG) on federal
lands in the r1egion covered by the plan. In making this request we echo a central
recommendation of the National Research Council's Committee on Environmental Issues in
Pacific Northwest Forest Management (NRC 2000):
Forest Management in the Pacific Northwest should include the conservation and protection
of most or all of the remaining late-successional and old-growth forests.... The remaining
late-successional and old-growth forests could form the cores of regional forests managed for
truly and indefinitely sustainab~e production of timber, fish, clean water, recreation, and
numerous other amenities of forested ecosystems.
';':,:'" .~
W e h~lieve the science is clear: when habitats have been sharply reduced, the probability
of maintaining viable populations of organisms that depend on those habitats increases directly
with the amount of remaining habitat protected. Moreover, the increasing recognition of
thresholds in species viability implies the relationship is nonlinear: relatively small changes in
protection can translate to large effects on vIability (Kareiva and Wennergren 1995). The extent
to which old-growth forests have been lost in the Pacific Northwest is well documented. The
Committee on Environmental Issues in Pacific Northwest Forest Management estimates that
when Euro-Americans arrived in the
mid-1800s, "...as much as 80% of the forests in western Oregon and Washington were older
than 8'0 years and about two-thirds were older than 200 years" (NRC 2000). By the 1990's,
researchers estimated only 13% to 18% of forested area in western Oregon and Washington was
in old-growth, a reduction of over 75% (NRC 2000). Federal lands are the last repositories of
the unique ecological wealth represented by these old forests.
From the standpoint of conservation ecology there are a variety of reasons for protecting
all remaining LSOG, of which five in particular stand out:
· Many species that occupy stable habitats-Qfwhich old forests. are a prime example-
have poor dispersal capabilities, hence risk isolation, genetic deterioration, and ultimate
extinction when suitable habitat is spread too widely (Kareiva and Wennergren 1995).
Studies cmd modeling over the last few years suggest that many LSOG associates in the
PNW may be limited more by dispersal than by the abundance of habitat per se, including
1 The structural and habitat attributes that define these mature and old-gro~~lo'rists- ~y be present at various ages
depending on locale and stand history, and their development is a continuous process. However, for purposes of
policy, in most ~:;ases these attributes will have manifested by 80 years for mature forests and 150-180 years for old-
growth.
Page 39 of 45
species of lichens, bryophytes, mollusks, fungi, and invertebrates (Boughton 2001, Sillett et
al. 2000). This implies that every remaining piece of suitable habitat becomes an important
focus for eventual colonization of the surrounding landscape. Potential problems with
dispersal are exacerbated in the Pacific Northwest because young forests presently
dominating the matrix do not have the structural complexity and legacies characteristic of
naturally disturbed forests (e.g. Tappeiner et al. 1997), resulting in a much starker contrast
between old and young forests than occurred historically. Of particular concern are low
levels of coarse woody debris (important for some fungi, including many truffle- fonners),
hardwoods (important for some lichens and many species of Lepidoptera), and dense young
conifers (detrimental to lichens). Harvesting practices that maintain biological legacies
show promise as lifeboats for at least some of the species of concern, but not enough is
known about that potential to accept "new forestry" as a substitute for protection.
. Species, species assemblages, and the genetic structure of populations may vary at
relatively fine scales for small organisms (which account for by far the largest share of
diversity), raising the possibility that each remaining older forest is to some degree unique
in its biological structure. For instance, many mollusk species are restricted to one region, or
even one river drainage (Frest and Johannes 1993). Recent research shows that, when
compared within a locale that is reasonably unifonn environmentally, old-growth virtually
always differs from younger forests with respect to the soil and litter arthropod community.
However, different locales within a given province (i.e., within the Cascades, Coast Range,
or SW Oregon) are generally distinct from one another, and the different provinces are
strikingly so (Madson 1997).
. Once thought to have relatively poor habitat value, small fragments of older forest are
now known to be significant biological reservoirs. Amaranthus et al. (1994) fOlmd that 3.5-
ha fragments of mature forest harbored 13 species of truffle- fonning mycorrhizal fungi not
found in surrounding plantations. Studying forest-floor arthropods, Work (2000) found an
edge effect extending 100 m into older forest, after which a distinctive old forest community
occurred. It follows that fragments larger than 3-4 ha have conservation value for arthropods
as well as fungi.
. ' Regarding stream protection, old-growth differs from younger forests in two respects:
they reduce the likelihood of debris flows and, if flows do occur, those from older forests
are more likely to be beneficial to streams because of inclusion of large wood and limited
runout lengths.
. Natural disturbances are likely to destroy some of the remaining old-growth and mature
habitat before younger forests have aged sufficiently to provide suitable replac'ement habitat,
a risk significantly increased by the combined effects of changing climate (which could
result in more wildfires), and the increased vulnerability of older forests when embedded
within a matrix of fire-prone young forests. The more saved now, the greater the buffering
against such losses.
.-,;.,;-"('"".,....
It is impossible to state precisely what is at stake biologically and ecologically, because as
Jack Thomas succinctly pointed out, these forests are not only more complex than "lye think, they
are more complex than we can think. But there is little question that "(m)uch of the biological
diversity of the Pacific Northwest is associated with late-succesS1ooaFaitd old-gro~rth forests"
(NRC 2000). Although scientists have been aware of the unique biological richness associated
with older forests for at least 40 years, the vast majority of species are small, cryptic, and
Page 40 of 45
difficult to study; therefore much remains to be learned about habitat requirements, genetic
diversity, dispersal capabilities, and many other factors that underpin species viability. There are
significant unanswered questions about the degree to which a reserve system designed spatially
to accommodate vertebrate dispersal meets the needs of small organisms. We know at least
some of the organisms in question, such as nitrogen fixing lichens and truffle fonning fungi,
perfonn vital functions within ecosystems. The experience with Pacific yew has taught us that
some may have as yet undiscovered properties that directly and significantly benefit humans.
We view this action as falling naturally within the adaptive management provisions of the
Northwest Forest Plan. For many biologists, saving all remaining old-growth and mature forests
was always the best option from a conservation standpoint (e.g. USDA et al. 1993, Fig. 11-7).
However, the scientists who developed the Plan had a clear mandate to balance conservation
'with economic and social concerns, and in our opinion did a remarkable job of accomplishing
that. Several1:hings have changed, however, which taken together argue strongly that this is the
appropriate time to extend protection to all remaining older forests. As we pointed out above,
more is known about the habitat preferences and dispersal capabilities of lichens, fungi, and
mollusks, resulting in greater certainty that some are intimately tied to older forest habitats and
likely to disperse poorly through the matrix. Moreover, in the past 10 years human-induced
climate change has gone from a contentious hypothesis to near scientific certainty, with unknown
but in all likelihood stressful future impacts on ecosystems. Humans have set forces in motion
that are beyond our control, and the chances are high that some of the older forest now set aside
will be lost. Protecting all that remains buys some insurance.
Finally, the social and economic scene has changed significantly since the Plan was
fonnulated. Recent polls show a substantial majority of both urban and rural residents in the
Pacific Northwest support protection of remaining old-growth. Economically, the Pacific
Northwest has broadened its economic base and wood products have diminished in importance.
By 1996, wood products industries accounted for only 1.9% of all jobs in Oregon and
Washington. :New job creation in the region has far outpaced job losses in the timber industry,
and all but two of the 38 counties in the spotted owl region of Oregon and Washington had
higher total eJnployment in 1996 than in 1990 (Niemi et al. 1999). As Niemi et al.state, "the sky
did not fall." By necessity, the timber industry has become less dependent on federal logs. In
1998, the latest data we were able to access, only 1 of71 sawmills in western Oregon depended']L
on federal titnber for more than 2/3 of their supply, 3 depended on federal timber for 1/3 to 2/3 of
their supply, and 40 processed no federal timber (ODF 2000). As of 1996 in western
Washington, 75% of sawmills processed no federal timber, and only one mill depends on federal
timber for mOIre than 1/3 of its supply (WDNR 1996).
Despi1te the drop in overall dependence on federal timber, a number of mills still depend
on federal titnber for 1/3 or less of their supply (42 in western Oregon and Washington in 1998).
We suggest a1t least part of any shortfall resulting from LSOG protection could be made up by
thinning younger stands, including those in LSR's. Done correctly, thinning younger stands can
produce logs 'while at the same time enhancing ecological and conservation values by reducing
susceptibility to fire and other disturbances, improving habitat for lichens, and structurally
diversifying stands. In dry forest types we understand some judiela1iS:Underthinning of older
forests, removing only trees that have established since fire exclusion, may be warranted to
reduce fire hazard. For any thinning in LSR's, or to reduce fire hazard in dry forests, we
Page 41 of 45
encourage you to consult with silvicultural and biological scientists familiar with the issues when
fonnulating general guidelines.
In summary, we believe the science is clear: saving all remaining LSOG significantly
enhances the probability of LSOG-dependent species persisting through this period of extreme
habitat bottleneck. Moreover, the social and economic scene in the Pacific Northwest has
changed sufficiently during the 1990' s to make this an acceptable and, judging from polls, even
popular decision. We hope you will give it serious consideration.
Sincerely,
David A. Perry
Professor ( emeritus)
Ecosystem Studies and Management
Oregon State University
Aquatic Sciences and Zoology
University of Washington
Reed F. Noss
Past-President
Society for Conservation Biology
Timothy D. Schowalter
Professor
Entomology
Oregon State University
Terrence J. Frest
, Ma1cologist
Senior partner
Deixis Consultants
Bruce McCune
Professor
Lichenologist and Plant Ecology
Oregon State University
David R. Montgomery
Associate Professor
Geology
University of Washington
\ ~ ~-"*' -.,~->~
III ..-. '. _h __
James R. Karr
Professor
Page 42 of 45
cc:
Mark Rev" Hesi!!nee Under Secretary for Natural Resources and the Environment" USDA
Dale Bosworth" Forest Service Chief" USDA '\ \
Nina Rose Hatfield, Acting Director, Bureau of Land Management, USDI
Literature Cited:
Amaranthus, M.P., J.M. Trappe, L. Bednar, and D. Arthur. 1994. Hypogeous fungal production
in mature Douglas-fir forest fragments and surrounding plantations and its relation to coarse
woody de:bris and animal mycophagy. Canadian Journal of Forest Resources. 24(11): 2157-
2165.
Bou!!hton" U.A.",cf. Duncan" S. 2001. Paradoxes in science: A new view of rarity. Science Findin!!s of
Pacific Northwest Research Station 35 (Julv 2001 ).
Frest, T.J, and EJ . Johannes. 1993. Mollusc species of special concern within the range of the
northern spotted owl. Final Report. Prepared for the Forest Ecosystem Management
Assessment Team. USD A Forest Service. Portland, Oregon.
Kareiva, P., and U. Wennergren. 1995. Connecting landscape patterns to ecosystem and
population processes. Nature. 373: 299-302.
Madson, S.L. 1997. Correlation between structural heterogeneity and arthropod biodiversity:
Implications for management QfPacific Northwest forests. M.S. Thesis. Oregon State
University. Corvallis, Oregon.
National ]R.esearch Council. 2000. Environmental Issues in Pacific Northwest Forest
Managernent. National Academy Press. Washington, D.C.
Niemi, E., E. Whitelaw, and A. Johnston. 1999. The sky did Not fall: The Pacific Northwest's
response to logging reductions. ECONorthwest. Eugene, Oregon.
Oregon Department of Forestry. 2000. A study of Oregon's forest products industry, 1998.
Oregon D'epartment of Forestry. Salem, Oregon.
Sillett, S.C., B. McCune, J.E. Peck, T.R. Rambo, and A. Ruchty. 2000. Dispersal limitations of
epiphytic lichens result in species dependence on old-growth forests. Ecological
Applications. 10: 789-799.
Tappeiner, J.C., D. Huffman, D. Marshall, T.A. Spies, J.D. Bailey. 1997. Density, ages, and
growth rates in old-growth and young-growth forests in coastal Oregon. Canadian Journal of
Forest Resources. 27: 638-648. ,.~.~~-::-~
USDA, U'SDC, USDI, and EPA. 1993. Forest Ecosystem Management: An ecological,
economic, and social assessment. USDA Forest Service. Washington, DC.
Washington Department of Natural Resources. 1996. Washington Mill Surveys -1996.
Washington Department of Natural Resources. Olympia, Washington.
Work, T.T. 2000. Edge effects of clear cut harvesting an ground arthropod species composition
and predator community structure in old-growth Douglas-fir forests. Ph.D. Dissertation.
Oregon State University. Corvallis, Oregon.
* Members of the Reeional Interaeencv Executive Committee:
Harv Forseren" Reeional Forester
USDA Forest Service
PO Box 3623
Portland, Oregon
97208
Elaine Zielinski, State Director
Bureau of Land Management
PO Box 2965
Portland, Oregon
97208
Anne Badgley, Regional Director
U.S. Fish and Wildlife Service
911 NE 11th Avenue
Portland, Oregon
97232
John D. Buffington, Chief Biologist
USGS Biological Resources Division
909 First Avenue, Suite 800
Seattle, Washington
98104
Bob Graham, State Conservationist
Natural Resources Conservation Services
101 SW Main Street, Suite 1300
Portland, Oregon
97204
Thomas Mills" Station Director
USDA Forest Service, PNW
PO Box 3890
Portland, Oregon
97208
t.. ~__........,... _"~_':
Donna Darm
Acting Regional Administrator
National Marine Fisheries Service
7600 Sand Point WayNE
Bin C15700, Bldg. 1
Seattle, Washington
98115-0070
Jennifer Orme-Zavaleta, Associate Director Environmental Protection AgencyWestern Ecology
Division
200 SW 35th Street
Corvallis, On~gon
97333
William C. VIr alters
Deputy Regional Director
National Park Service
909 First Avenue
Seattle, Washington
98104
Stan M. Speaks, Regional Director
Bureau of Indian Affairs
911 NE 11 th .Avenue
Portland, Oregon
97232
Co!. Randall J. Butler, District Engineer
U.S. Anny Corps of Engineers
PO Box 2946
Portland, Oregon
97208
'-~-"."-"'- -- ~ ,. ..
'-II' "'..
ASHLJl\ND
. Council Communication
Approval of Personal Services Contract"fpr land Use Ordinance Review
Meeting Date: August 2, 2005 Primary Staff Contact: John McLaU9hli@)
Department: Community Develop E-mail: maC@ashland.or.us
Contributing Departments: Secondary Staff Contact: N/A
Approval: Gino Grimaldi E-mail:
City Administrator Estimated Time: 15 minutes
Statement:
Staff is requesting that the Council approve a Personal Services Contract for Land Use Ordinance Review services in the
amount of $49,500 with Siegel Planning Service, LLC of Lake Oswego, OR. This issue is time sensitive in that Council
approval on August 2, 2005 will allow the consultant to immediately begin review of the ordinances and will not further delay
this process.
Background:
This project was identified by the Planning Division in the 2005-2006 budget for funding to address concerns raised by the
Council and community regarding conflicting and unclear portions of the land use ordinance. An RFP was issued for this
project on April 6, 2005, with a closing date of June 3,2005. The City received four proposals, and Siegel Planning was
determined to be the most qualified to carry out this effort.
The following were the firms that submitted proposals and project costs:
Leslie Ann Hauer, Planning & Land Use Services
Planning Livability, LLC
Siegel Planning Service, LLC
Winterbrook Planning
$20,000
$29,539
$49,500
$35,129/ $57,574
The criteria from the RFP for selection were as follows:
'a:" ','" Extent and quality of the firm's experience and accomplishments in relevant projects- (30 points) ;
b. Qualifications and experience of the team members assigned to the project- (20 I~oints);
c. Scope of wort< showing approach to the project- (20 points) ;
d. References- (10 points);
e. Proposal costs, including hourly rates- (10 points);
f. Ability to complete the scope of wort< in a timely fashion- (10 points).
Total Points:
(100 points)
Siegel Planning was found to have greater experience in complex ordinance reviews, especially involvin~1 design standards,
than either Hauer or Planning Livability. There were similarities between Siegel Planning and Winterbroclk, with Siegel
Planning being found to have a greater understanding of the project as expressed through their approach.
Financial Impact:: ,.~~...,-:--.-:~~
There are several projects that will be underway during this budget year in the Planning Division that will utilize consultant
~~.
...~
services. This contract was anticipated in the budget as well as several others, with the Department allocating $110,000 for
contractual services. The following are the anticipated consultant services contracts:
Land Use Ordina~~ Review
Organizational Re,liew
Croman Property I:ssues
Downtown Planning Services
$ 49,500
$ 38,950
$ 10,000
$ 10,000 (est)
$108,450
(Siegel Planning Service, LLC)
(Zucker Systems)
(RVCOG)
(TBD - Initial project scoping effort only)
TOTAL
'\'
Related City F.olicies: '\ '
The City Council h~as identified this project as a priority effort for the Community Development Department
Council Options:
Approve the personal services contract as presented.
Not approve the cclntract as presented.
Approve anotherl'E~mmendation as Council feels warranted.
Staff Recommlendation:
Staffrecommends that the City Administrator be authorized to enter into a contract with Siegel Planning ServiceA:h@.for .'
Land Use Ordinan<~ ReView services.
Potential Motions:
Council moves authorize the City Administrator to enter into a contract with Siegel Planning Service, LLC for Land Use
Ordinance Review services.
Attachments:
Personal Services Contract with Siegel Planning Service, LLC
\~~'~.--:~':
----.--..-,,-- .
r.,
CITYC>>F
ASHLAND
PERSONAL SERVICES CONTRACT
,,'
Personal Services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The -following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Siegel Planning Service, LLC
City Hall Address: 16067 SW Boones Ferry Rd
20 E. Main St. Lake Oswego, OR 97035
Ashland, Oregon 9~520
(541) 488-6002
FAX: (541) 438-5311 Telephone: 503-699-5850 - .
FAX: 503-699-7044
Date of this agreement:August 2, 2005 B: Date RFP 1 st Advertised: April 4, 2005
Beginning Date: August 3, 2005 Proposal opening date: June 1,2005
Completion Date: January 31, 2006
2.2. Contracting officer: Gino Grimaldi
2.3. Project Name: Land Use Ordinance Review
Project Description: Review and modify the City of Ashland Land Use Ordinance (Ashland Municipal CcK:te Chapter 18)
6.1 Consultant's representative: Scot Siegel, Principal
8.3. Maximum contract amount: $49)500
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City 1for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's-proposal and proposals submitted by other offerors, City selected Consultant t() provide the
services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties inconfl:>rmanc~ to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project it; an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project
to which this contract applies, serve as City's professional consulting representative for-the project, and give professional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have thel1te-anrn~ ascribed to th<<3m in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City. means the City of Ashland, Oregon.
2.2. .'Contracting officer' means the person specified in Recital A above or that person's designee.
2.3. 'Project' means the project described in Recital A
2.4. 'Work' or 'Services' shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consunant is required to provide under this contract.
3. Term: The tE!rm of this contract shall commence on the date specified in Recital A above and end no later than the completion
date specified in Recital A above, or on one of the following occurrences: 1) completion of all services required by this contract;
or 2) a date mutually agreed upon by all parties to this contract.
4. Authority of Gontractina Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretatk)n of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, rec:eive information, interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. Consultina Slervices: Consunant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consunant shall:
5: 1.1. Consult appropriate representatives of City to clarify and define Cnys requirements relative
to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
compl,etion of the services and the project.
5.2. Oonsunant shall commence performance of services within five days after receiving written authorization from the
contracting offic~~r for work described in the RFP. Consunant shall perform the services as expeditiously as is consistent with
professional skilll and care and the orderly progress of the project. Upon request of City, Consunant shall submit for Cnys
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time r,equired for City's review and approval of Consunanrs services. Each schedule, approved by City, shall become
a part of this contract. '
5.3. C()nsunant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consunant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficienc:ies in the services that are caused by Consultant's negligence. Cnys review, approval, acceptance of, or
payment for, any' of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Col'1sunant's services. In the event of any breach of this contract by Consunant or negligent pedormance of any of
the services, Citts cause of action against Consunant shall not be deemed to accrue until City, discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assianment of Consunant's Personnel:
6.1. Th,e services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consunant's representative in all communications and transactions with City.
6.2. Consunant will endeavor to honor reasonable specific requests of City with regard to assignment of Consunanrs
employees to perform services if the requests are consistent with sound business and professional practices.
7. Resoonsibilities of City:
7.1. Ci~( will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. Ci~, will provide information, documents, materials and services that'~1tf1he possession or control of City
and are required by Consunant for performance of the services. -
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
\'
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule wfihout prior approval by
the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after tlhe end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but not timitecHQt'provisions of ORS 279C.50S, '279C.515,
279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a .subject employer. as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insulrance. If
Consultant is a self-insured employer, Consultant shall provide City with ,a certification from the Oregon Department of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract
and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To
the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising Clut of any reuse of
plans, spec.ifications and other documents prepared by Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the selrvices, which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues r,elated to
Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a
certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and
all claims, actions, costs, judgments, damages or other expenses resulting from injury to' any person (includin~, injury resulting in
death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent
performance of this contract by Consultant (including but not limited to, the negligent acts or on,1issions of Consultant's
employees, agents, and others designated by Consultant to perform work or services ~eiiaant to this contract). Consultant shall
not be held responsible for any claims, actions, costs, judgments, damages dr other expenses, directly and proximately caused
by the negligen(~e of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractuaNiability, products and completed operations and
owner1s and contractors protective insurance; and
13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the fimits for claims made
under the Oregc1n Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single
limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damag(~.
13.3. Liability coverage shall be provided on an .occurrence. basis. .Claims made. coverage will not be acceptable
13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. Each certfficate shall state that coverage afforded under the policy cannot be
cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states merely ttJat the issuing company .will endeavor to maW written notice is unacceptable. Each certfficate of insurance
shall provide proof of required insurance for the duration of the contract period.
14. Default:
14.1. There shall be a default under this contract ff either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specffied in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur ff the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare. a default by written notice to the other party, without
allowing an opportunity to cure,' ff the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost proms.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Nc)tices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
, ,
"~"""""--"~.".
......... .. . --
17. Assianment: City and Consultant and the respective successors, administrators, assigns and legal represEmtatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and lega.l representatives of
the other party. Consultant shall not assign or subcontract Consultanfs rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
"
CON~ ~ ()I
BY ~/
CITY OF ASHLAND:
BY
Signature
54-/9 r SteZ> e:L Ael)\iCt f AL-
Print Name I
FINANCE DIRECTOR
OR
BY
CITY ADMINISTRATOR
DATE
~~)~ 1--~, UJv~
55( --yq. ~'l b (
DATE
CONTENT REVIEW. ~
CITY. NT HEAD
DATE
TITLE ~A~~ ~tc~ futIJ1'tJb~~tf5, u...C
FederallD #
"'-2 ~GGQUNT #
PURCHASE ORDER #
(for City purposes only)
"'Completed IRS W-9 and Proof of required insurance fonn must be submitted with contract
'.J.~""""""-''''_';
....J- .. _h __._
CITY OF
ASHLAND
'\'
July 20, 2005
Scot Siegel Planning Services
16067 SW Boones Ferry Rd
Lake Oswego, OR 97035
Dear Scot,
As part of the! finalization of the contract for the Land Use Ordinance Review, a modification of
the preliminary work program document you submitted is needed.
The contract will be placed on the August 2,2005 City Council agenda for approval, which sets
back ~ach of the six listed tasks approximately one month from the original work program.
outline.
This letter serves to confirm the agreement between the City and Scot Siegel Planning of the
modified sch~3dule using an August start date, which moves each of the task timelines one
month back.
Additionally, while the reasoning behind the inclusion has merit, optional task n~mbers 3 and 4
will be eliminated from the work program to maintain focus on the ordinance review as a
separate project.
No response is necessary unless any questions arise as a result of this modification.
C: Gino Grimaldo, City Administrator
Lee Tunburg, Finance Director/Purchasing Agent
t':'~.-"'f"I'_.........~
....... --
Community Deve,lopment
20 E. Main Street
Ashland, Oregon B7520
www.ashland.or.u~~
Tel: 541/488-5305
Fax: 541-/488-6006
TTY: 800/735-2900
r~'
Preliminary Work Program
Siegel Planning Services proposes a five to six month work plan. The italicized text indicates
optional but recommended tasks. (Tasks 3-4 were not specified by the City's RFP.) 'Upon being
awarded the project, we will work with the City's project manager to refine the work program.
TASK WORK TO BE COMPLETED DELIVERABLE " TIMELlNE
(City staff resources in parentheses)
Task 1 - Project Confirm roles and responsibilities; determine goals and objectives; Project goals and objectives July-
Management and prepare a detailed project schedule and communications plan; Project schedule December
Communications prepare monthly status reports; attend management team meetings Communications Plan 2005
Plan and elected officials briefings in Ashland (allow 4 visits). Status reports
(City staff to review and approve final work plan, schedule, Meeting agendas
communications plan and invoices; coordinate meeting logistics.) Team meetings and briefings
Task 2 - Land . Interview management and key ,City staff; prepare and distribute Interviews July-August
Use Ordinance questionnaire to city staff and other development review stakeholders Stakeholders questionnaire 2005
(Title 18) Review (to be determined); review prior land use cases and code.'
interpretations, including any appeals; review Title 18 and check for
code conflicts, overly-complex language or structure, inconsistencies,
typographical errors, improper references.
(City staff to review draft questionnaire; provide hardcopy and
electronic copy of ordinance; provide sample staff reports, decisions,
and interpretations; collect questionnaires.)
Task 3 - Review Observe one land use hearing in Ashland, and/or review video tapes Observe land use hearing August
Land Use Case of prior hearings provided by City. Review staff reports and check for Review videos and staff 2005
Hearings clarity, consistency, and predictability in application of regulations. reports of prior hearings
(OptionaQ (City staff to provide videos and staff reports of prior cases.)
Task 4- Identify code-related findings from the Community Meeting with City staff to September
Coordinate with DevelopmentIPlanning Operational and Organizational Review coordinate LOR and CDPR 2005
CDPR (OptionaQ (CDPR), if completed prior to LOR; and identify any organizational or Regularly scheduled (or to be
operational issues from LOR for use in CDPR. telephone conferences to determined)
(If the LOR consultant is not also working on the CDPR, the City will coordinate LOR wit,~ CDPR.
convene the consultants for both projects and facilitate information
sharing and coordination.)
Task 5 - Draft Prepare draft report identifying code conflicts, overly-complex Preliminary Draft LOR Report September -
Land Use sections, inConsistencies, and errors in Title 18, and prepare sample Second Draft LOR IReport November
Ordinance (LOR) code revisions that improve the code's clarity, predictability and user- 2005 -
Review Report friendliness. The first draft is for internal review by City's project
manager. The second draft is for circulation to Planning and
Community Development staff and other City stakeholders.
(City staff to review the draft report and provide one set of
consolidated and reconciled comments.)
Task 6 - Final Revise the LOR Report per City staff comment; present the report to Final Draft LOR Report December
Report Ashland's City Council; finalize the report, per client direction, City Council presentation 2005
following the City Council presentation. " -;:-::.... -,filial LOR Report
F~m W-9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. January 2003)
Depertment ~ the Treasury'
Internal RevenJe SeMce
N Name ,." .
~ ~)Lfr,Pl ~ArJtll~b ~V'G,€S i L-LC
Q. Business name. If different from above '
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OS
1:111
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GI
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(/)
Enter your TIN in the appropriate box. For individuals. this is yotX social security mmber (SSN).
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on
page 3. For other entities, it Is your employer identification number (EIN). If you do not have a number,
see How to get a TI~. on page 3.
Note: If the account is in more than one name. see the chart on page 4 for guidelines on whose number
to enter.
ImD Certification
Under penalties of pe~ury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number'to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal.
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has
notified me that I iam no longer subject to backup withholding, and
3. I am a U.S. person (including a U.S. resident alien).
Certification instructiions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured propeny. cancellation of debt, contributions to an individual retirement
arrangement (IRA), anl::t genera.y. payments other than interest and dividends. you are not required to sign the Cenification. but you must
provide your correct TIN. (See the instructions ~
Sign Signature C)f c:::::::::::::>
Here u.s. persol' ~ --~ -i!""'~__ > ~- Date ~ 7, LS -0 S
lndividuaV
Check appropri~te box: 0 Sole propriet~
Address (number. street. and apt. ~ suite no.)
0, 7 $w
city. state. and ZIP code
6SW iEbD
Ust accooot number(s) here (optionaQ
o Corporation
Tax ayer Identification Number (TIN)
Purpose of F (]Irm
A person who is required to file an information return with
the IRS, must obtain your correct taxpayer identification
number (TIN) to report. for example, income paid to you, real
estate transactions, mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use F'orm W-9 only if you are a U.S. person
(including a resident alien). to provide your correct TIN to the
person requesting it. (the requester) and. when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued),
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note: If a requestl~r gives you a form other than Form W-9
to request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens clOd Foreign Entities).
"\'
o Partnership ~her ~ ..!-::~_ ~.._..__
f?:D ~
s-
r"i'7"txempt fr.om backup
~withholding
Requester's name and address (optionaQ
~
or
Norvesident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a
provision known as a "'saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for-certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income.
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the'ttmny:micle.
Cat. No. 10231X Form W-9 (Rev. 1-2003)
I / ~...J/ LUU...; ...)....)L. .1.... .. 4\\,.,1.-1. .I.: C1^ !v. .1....;"2....., V V"-IVVV ~r\.U'J..:.. UVL V .1..' VVL.
~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDIYYYY)
07/25/2005
PRODUCER (503) 698-3833 FAX (503)698-3844 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Ross & Associates Insurance Services, Inc. ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Oregon License #812525 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9201 SE 91st Ave, Suite 220
Portland, OR 97266 INSURERS AFFORDING COVERAGE NAIC#
INSURED Scott Siege I INSURER A: Maryland Casualty Co. 19356
DBA: Siegel Planning Services LLC INSURERB:'
16067 SW Boonesferry Road INSURER c:
Lake Oswego. OR 97035 INSURER D:
INSURER E:
COVERAGES
THE POliCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~~ ~J];J TYPE OF INSURANCE POLICY NUMBER PR}I~Y EFFECTlVE PQI,J.f..Y EXPIRATION UMITS
GENERAL UABIUTY PAS43254854 05/01/2005 05/01/2006 EACH OCCURRENCE $ 1 , 000 , 000
I- DAMAGE TO RENTED
X COMMERCiAl GENERAl LIABILITY $ 1.000.000
I a..AIMS MADE 00 OCCUR MED EXP (Anyone person) $ 10,000
A PERSONAl & ADV INJURY $ 1,000,000
I--
GENERAl AGGRlEGA TE $ 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ 2,000,000
I n PRO- nLOC
POLICY JECT
AUTOMOBILE LlABLITY PAS43254854 05/01/2005 05/01/2006 COMBINED SINGLE LIMIT
- $
ANY AUTO (Ea accIdenl) 1,000,000
-
AlL OWNED AUTOS BODILY INJURY
- (Per person) $
SCHEDULED AUTOS
A -
X HIRED AUTOS BODILY INJURY
- (Per acddenl) $
X NON-OV\INED AUTOS
-
- PROPERTY DAMAGE $
(Per acddenl)
GARAGE UABLITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER TJ-W.J EAACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABIUTY EACH OCCURRENCE $
tJ OCCUR o ClAIMS MADE AGGREGATE $
$
R DEDUCTIBlE $
RETENTION $ $
WORKERS COMPENSATION AND I ~~T~N-c~1 IOJ~'
EMPLOYERS' UABIUTY EL EACH Aa;;IDIENT $
ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICERlMEMBER EXClUDED? EL DISEASE - EA EMPLOYEE $
~~CI~~~~~18'"NS below E,L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANCELLATION
SHOULD AHY OF THE ABOVE DESCREED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF'"7THE'ISSUING INSURER \IVILLENDEAVOR TO MAL
CITY OF ASHLAND COMMUNITY DEVELOPMENT ~ DAYS WRITTEN NOTICE TO THE CERTFICATE, HOLDER NAMED TO THE LEFT,
ATTN: JOHN MCLAUGHLIN BUT FAILURE TO MAIL SUCH NOTICE SHALL NPOSE I~O OBLIGATION OR LIABIlITY
20 E MAIN ST OF AHY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ( r-iJt
Tim Cockburn/TLU "(\.t\:\-v.;.,.4..~~___
ACORD25(2001/08) FAX: (541)488-6006
@,ACORD CORPORATION 1988
LITY4JF
ASHLfl~ND
Council Communication
Approval of Personal Services Contract for Planning Department
Organizational Review
Meeting Date: August 2,2005
Department: Community Development
Contributing Departments:
Approval: Gino Grimaldi
City Administrator
Primary Staff Contact: John McLau~)hlin
E-mail: mac@ashland.or.us
Secondary Staff Contact: N/A
E-mail:
Estimated Time: 15 minutes
Statement:
Staff is requesting that the Council approve a Personal Services Contract for Planning Department Organizational Review
.services in the amount of $38,950 with Zucker Systems of San Diego, CA. This' issue is time sensitive in that Council
approval on August 2, 2005 will allow the consultant to begin the review process and will not further delay this process.
Background:
This project was identified by the Planning Division in the 2005-2006 budget for funding to examine operatiional efficiency
and overall process review. An RFP was issued for this project on April 6, 2005, with a closing date of June 3,2005. The
City received four proposals, and Zucker Sytems was determined to be the most qualified to carry out this effort.
The following were the firms that submitted proposals and project costs:
Cogan Owen Cogan
Citygate Associates, LLC
Zucker Systems
Siegel Planning Service, LLC
$26,640
$38,730
$38,950
$55,000
The criteria .from the RFP for selection were as follows:
a. Extent and quality of the firm's experience and accomplishments in. relevant projects- (30 points) ;
b. Qualifications and experience of the team members assigned to the project- (20 points);
c. Scope of work showing approach to the project- (20 points) ;
d. References- (10 points);
e. Proposal costs, including hourly rates- (10 points);
f. Ability to complete the scope of work in a timely fashion- (10 points).
Total Points:
(100 points)
Zucker Systems was found to have far greater experience in planning department organizational reviews than either Cogan
Owen Cogan or Siegel Planning. While there were similarities between Zucker Systems and Citygate, Zucker Systems was
found, after phone interviews with both firms, to have a greater understanding of the specific issues facin~1 Ashland's
planning process.
..~~;......,~-,:
Financial Impact:: ......",,--
There are several projects that will be underway during this budget year in the Planning Division that will utilize consultant
r~'
services. This contract was anticipated in the budget as well as several others, with the Department allocating $110,000 for
contractual services, The following are the anticipated consultant services contracts:
Land Use Ordinance Review
Organizational ReviE~w
Croman Property Issues
Downtown Planning Services
$ 49,500
$ 38,950
$ 10,000
$ 10,000 (est)
$108,450
(Siegel Planning Service, LLC)
(Zucker Systems)
(RVCOG)
(T8D - Initial project scoping effort only)
TOTAL
Related City Pc)licies:
The City Council has identified this project as a priority effort for the Community Development Department
Council Options:
Approve the personal services contract as presented.
Not approve the contract as presented.
Approve another recommendation as Council feels warranted.
Staff RecommE!ndation:
Staff recommends that the City Administrator be authorized to enter into a contract with Zucker Systems for Planning
Department Organizational Review services.
Potential Motions:
Council moves authorize the City Administrator to enter into a contract with Zucker Systems for Planning Department
Organizational ReviE!W services.
Attachments:
Personal Services Contract with Zucker Systems.
Excerpted Portion of Zucker Systems Proposal
..~..--_.'...- ;
.........,.:-.. --
r~'
CITY OF
ASHLAND
PERSONAL SERVICES CONTRACT
Personal Services contract made on the date specified below in Recital A between the City and Consultant as fpllows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: Zucker Systems
City Hall Address: 1545 Hotel Circle South, Suite 300
20 E. Main St. SanDiego, CA 92108
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311 Telephone: 619-260-2680
FAX:
Date of this agreement:August 2, 2005 B: Date RFP 1 st Advertised: April 6, 2005
Beginning Date: September, 2005 Proposal opening date: June 3, 2005
Completion Date: December, 2005
2.2. Contracting officer: Gino Grimaldi
2.3. Project Name: Community Development/Planning Division Operational and Organizational Review
Project Description: Review of operations, process, procedures of the Planning Division and its related workflow divisions
6.1 Consultant's representative: Peter Zucker, President
8.3. Maximum contract amount: $38,950
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project
to which this contract applies, serve as CitYs professional consulting representative for the project, and give plrofessional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have thmeantng ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. .Ci1t means the City of Ashland, Oregon.
2.2. .Contracting officer. means the person specified in Recital A above or that person's designee.
2.3. .Pmjece means the project described in Recital A.
2.4. .Work. or .Services. shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end no later than the completion
date specified in Hecital A above, or on one of the following occurrences: 1) completion of all services required by this contract;
or 2) a date mutually agreed upon by all parties to this contract.
4. Authoritv of Contractina Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. Consultina Sen/ices: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the sE~rvices.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with
professional skill Clnd care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become
a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficienciE~s in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers'soohbr-each or
negligence, or shcluld have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assianment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions with City.
6.2. Consultant will endeavor to honor reasonabl~ specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide inforrl1ation, documents, materials and services that artwitntint1e possession or control of City
and are required by Consultant for performance of the services. '
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by
the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, butnot limited to, provisions of ORS 279C.505, 279C.515,
279C.520, and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29U.S.C. Sections 201 to 209.
9.3. Consu~antis a Isubject employerl as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Consu~ant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consu~ant is a carrier insured employer, Consu~ant shall provide City with a certificate of insurance. If
Consu~ant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter :~.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract
and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post
the attached notice predominantly in areas where it will be se~n by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To
the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, its consultants, agents and employees against all damages, claims, expenses and-losses arising out of any reuse of
plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the ser~ices, which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consu~ant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a
certified public accountant retained by City . To the extent allowed by law, confidential information collected by the consultant
shall only be made available to the City in summary fashion
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and
all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in
death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent
performance of this contract by Consu~ant (including but not limited to, the negligeritWl)f~issions of Consultant's ,
employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall
not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused
by the negligencE~ of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligati,ons assumed under this contract, blanket contractual liability, products and completed operations and
owner's and contractor's protective insurance; and
13.1.2. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act, ORS 30.260-30.270, with minimum coverage of $500,000 per occurrence (combined single
limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for
property damage. .
13.3. Liability coverage shall be provided on an .occurrence. basis. .Claims made. coverage will not be acceptable
13.4. Contractor shall submit certificates of insuranj:e acceptable to the City with the signed contract prior to the
commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be
cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states men~ly that the issuing company .will endeavor to mail. written notice is unacceptable. Each certificate of insurance
shall provide prO()f of required insurance for the duration of the contract period.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach spedfied in the notice is of such a nature that it Gannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an oPpol1unity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County .
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant'may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
I..~."""';"_.,~-,,;
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17. Assianment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal mpresentatives of
the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any riglhts or benefits to
anyone other than City and Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT:
CITY OF ASHLAND:
BY
BY
Signature
FINANCE DIRECTOR
OR
BY
Print Name
CITY ADMINISTRATOR
DATE
TITLE
CONTENT REVIEW
DATE
CITY DEPAIRTMENT HEAD
DATE
FederallD #
ACCOUNT #
PURCHASE ORDER #
(for City purpClses only)
*Completed IRS W-9 and Proof of required insurance form must be submitted with contract
.._-.......,..-~-~--..
Form W.9
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Rev. January 2(03)
Department of the Treasury
Internal Reverue Service
N Name
Q)
C>
co
a. Business name. if different from above
c:
o
tI III
~.~ 0 IndividuaV
: u Check appropriate box: Sole proprietor
~ g Address (number, street. and apt. or suite no.)
.5 ~
Q:~
'5 City, state, and ZIP code
tI
0.
~ Ust account number(s) here (optionaQ
Q)
(/)
o Corporation
[J Partnership 0 Other ~ .. __ __ . __ .. __ . __ . _
O Exempt from backup
withholding
Requester's name and address (optionaQ
~
or
Enter your TIN in the appropriate box. For individuals. this is your social security nwnber (SSN).
However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on
page 3. For other entities. iUs your employer identification number (EIN). If you do not have a number.
see How to get a TIN on page 3.
Note: If the account is in more than one name. see the chart on page 4 for guidelines on whose number
to enter.
ImIII Certifi<:ation
Under penalties of perjury. I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and
2. I am not subject to backup withholding because: (a) I am exempt :from backup withholding. or (b) I have not been notified by the Internal
Revenue Service (lIRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has
notified me that I am no longer subject to backup withholding. and
3. I am a U.S. person (including a U.S. resident alien).
Certification instruct~)ns. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 does not apply.
For mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement
arrangement (IRA). ancl generany. payments other than interest and dividends, you are not required to sign the Certification. but you must
provide YOll" correct TIN. (See the instructions on page 4.)
Sign
Here
S;gnature of
U.S. personl ~
Date ~
Purpose of Form
A person who is required to file an information return with
the IRS. must obtain your correct taxpayer identification
number [fIN) to report. for example. income paid to you. real
estate transactions, mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use FI::>rm W-9 only if you are a U.S. person
(including a resident alien). to provide your correct TIN to the
person requesting it (the requester) and. when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W-9
to request your TIN. you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person. use the
appropriate Form W-8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally. only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income.
you must attach a statement that specifies the following five
items:
1. The treaty country. Generally. this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the,treftty-artitle.
Cat. No. 10231X
Form W-9 (Rev. 1-2(03)
CITY OF ASHLAND, OREGON
City of As'hland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
rA'
~ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
portion of business of their
BIIZIper hour effective JUIt1e 30, 2005
(Increases annually every JUInB 3,0 by" the
Consumer Price Index)
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of $15,964.
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401K and IRS ,eligible
cafeteria plans (including
childcare) benl3fits to the
amount of wa~les received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees himd for less than
1040 hours in any twelve-
_month period. For more
details on applicability of this
policy, please see Ashland
Municipal Cocle Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 Of' visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas ,where it can be seen by all
employees. "~-'~-~
CITY OF
A~;HLAND
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Figure 1
Methodology Overview
Consulting ,.......
Experience
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'. ....:r.,. .., City Staff
"':.I~..,.'.'..':'"',,,,:,""'."'"
~
Operational
Analysis
. -',
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observatiq~~:..."~~:?';i.t~f?;xr~;fs}
Recordt!~i~~~~;!~I~'
;-;~:-:-'- "-;_"'.- -',>.:;.;.~:!ft;'.:....;,.,..,
Recommendation
and Action Plan
Customers
Policy Makers
B. ~)COPE OF SERVICES
We carefully reviewed the Request for Proposal (RFP) to formulate our scope of
services in accordance with the study objectives. All of the work elements required by
the RFP are included in our proposed scope of services. The work program, described
below, consists of nine (9) tasks and thirty-nine (38) sub tasks.
Task 1.0 - Project Initiation and Project Management
Task 2.0 - External Interviews and ME~etings
Task 3.0 - Focus Groups
Task 4.0 - Customer Surveys
Task 5.0 - Staff Meetings and Questionnaires
Task 6.0 - Organizational Issues
Task 7.0 - Development Review and Plan Checking Process Process
Task 8.0 - Performance Standards/Benchmarks'
Task 9.0 - Study Report and Action Plan
'....~..--_..~.;.
..........
City of ,Ashland
3
Zucker Systems
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Task 1.0 - Project Initiation and Project Management
Objectives: Develop a refined work program and scope of services, establish a
schedule of meetings, identify coordinating procedures and begin managing the
project.
Product: We have combined the initial task of starting the project with the ongoing
task of monitoring, controlling and administering the project.
Subtask 1.1 - Review Goals and Objectives of Proposed Study: Discussions will
be held with the project manager to assure that the study direction adequately
represents the desires of the City.
Subtask 1.2 - Refine Work Program: The consultant will incorporate necessary
r~finements' into the work. program. The changes will be reflected in the contract. A
detailed work plan will be submitted to the project manager for approval within 14
days of contract start date.
Subtask 1.3 - Collect Preliminary Data: Preliminary data will be collected to
further define the scope of services. Existing data to be furnished by the City will
include, but not be limited to, relevant documents from the Community I)evelopment
Department, including budgets, job descriptions, operating procedures, policies of the
City Council, City Manager, and Planning Commission, workload data over five
years, Comprehensive or General Plan, Zoning Code, ISO Report, white paper draft
reports on previous two internal evaluations, design manuals, organization charts,
staffing schedules, performance goals, handouts, flowcharts, process maps, plan check
checklists, sample reports, sample minutes, fee schedules, customer satisfaction
surveys and other existing similar data. W'hen possible, the City should supply three
copies of these documents.
Subtask 1.4 - Contract Management: This task will consist of monitoring the
engagement program and files, quality controls, completion of tasks, submittal of
deliverables, work papers and billing. Paul Zucker will serve as Zucker Systems' key
contact person and project manager.
Task 2.0 - External Interviews and Meetings
Objective: Elicit perceptions about the development process.
Product: Input into the technical analysis and isolation of areas requiring more
detailed study. Interviews will be confidential and summarized in the draft report.
Subtask 2.1 - Select Interviewees: The consultant and the-City will develop a list of
recommended interviewees. At a minimum, this list wiilTnclude the City Manager, a
few key department or division heads or managers. We normally include elected
City of Ashland
4
Zucker Systems
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Community
Development/Plan n in g
Division
Operational and
Organizational Review
Ashland, Oregon
By
Zu(~ker Systems
rJ
1545 Hotel Circle South, Suite 300
San ])iego, CA 92108
(619) 260-2680
www.zuckersystems.com
paul @ zuckersystems.com
June 2005 '..~..~~,~~
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Table of Contents
I. PROJECT TEAM ........... ............................ .......................... ........ .............. ......1
II. APPR 0 A CH...... .... .......... ......... ... ...... ........ ......... ............................... ........ .... .....2
A. OVERALL METHODOLOGy.................. .;. .'........................................................... 2
B. SCOPE OF SERVICES........ ..................................... .................... ....................... ..3
C. CITY SUPPORT ................................................................................................. 11
D. CONTRACT ISSUES ............................ ............................................ .'.............. ...11
ITI. EXPERIEN CE ............................ ... .......... ................................ ................ ........12
A. OVERVIEW. .... .. . .. .. . ... . .. . .. ..... .. .. . . . . . . . . . .. . . . .. . . . .. .. . ... ....... . . . . . .. .. . . .. . .. .. ..... . . . . . .. . .. . .. .12
B . PH~OSO PHY .................................................................................................... 12
C. SPECIFICS....................................................................................................... .13
D. REFERENCES AND OUTCOMES....... ............................. .................................... .13
IV. TIME FRAME ............................... ..................................................................16
V . RATES ....... ........... ...... ..... ... ......... .............. ................................... ....................17
VI. CLIENT LIST .. ................. ........................................ ....... ...................... ........ .18
List of Tables
Table 1 Billing Rates.. ............. .................. ....................................... ......:. ................. .17
List of Figures
Figure 1 Methodology Overview............................... .............................................. ...3 -
Figure 2 Recent Zucker Systems Clients ...:...............................................................18
List of Appendices
Appendix A - Resumes ............................................................................................. .19
Appendix B - Management and Process Studies... ............. ...~....................................23
Appendix C - Cities, Clients and Other Public and NtmsPtofit Organizations ...........48
'.. ----.......-.--
City of Ashland
i
Zucker Systems
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I. PROJECT TEAM
We anticipate a staff of two working on this project. The principal in charge, project
manager and contact person will be Paul Zu~ker, President of Zucker Systems. All of
the staff have extensive direct experience in the functions being analyzed. Staff
members are briefly described belo\\i'. Resum~s are shown in Appendix A.
Paul Zucker, FAICP, President of Zucker Systems, will be project manager and
heavily involved in all aspects of this study. He will have final authority for the work.
Mr. Zucker has a unique background as a former Planning Director for Brookline,
Massachusetts; Marin County, California; and Tucson, Arizona. He also served as
Assistant County Administrative Officer and Planning, Environment, Building and
Transportation Official for the County of San Diego, California. He trains managers
throughout the United States and Canada to run more effective and efficient
community development organizations and has published three books on this topic.
He has been personally involved in all Zucker Systems contracts. He will focus on
custorner and political expectations, overall processes, performance standards, and all
planning issues.
All on-site work will be by Paul Zucker or a combination of Mr. Zucker and Mr.
Persico. We anticipate 200 hours for the project with Mr. Zucker completing 60% to
80% of the work.
Mark H. Persico, AICP, has nearly 20 years of public sector experience including,
having served as community development director in West Hollywood and Calabasas,
California. Over his career he has managed and directed planning, building, code
enforcement and CDBG functio~s. He is an expert in mediation and facilitation
techniques to resolve complex planning and community development issues. He will
focus on planning issues. -
I;'~..-.l.......,~,~
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City (]If Ashland
1
Zucker Systems
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I,
II. APPROACH
A. OVERALL METHODOLOGY'
Zucker Systems uses a well-tested, integrated methodology, as shown in Figure 1. We
bring our extensive experience to the study, work closely with City staff, and solicit
substantial input and observations from customers and policy makers. The
methodology is built on inter-relating records, observations and interviews. Each is
necessary for valid studies. National research has shown that each one of these
three-if relied upon exclusively-can be subject to substantial error. For example,
record systems are often found to be as high as 500/0 in error, or the wrong things are
measured. We use observations and interviews to verify records. Records and
interviews are used to verify observations. And records and observations are used to
verify interviews.
Each group of people, shown in Figure 1, is an important part of the process. As
consultants specializing in planning, building, fire, transportation and engineering
departments, we have an unusually high degree of familiarity with the functions to be
examined.
Because staff will implement many of the recommendations and also will have
ideas for improvement, we always work closely with staff. In Ashland, this
will include meeting with all relevant staff in an orientation no.eeting, having
staff complete two confidential surveys and working with interviewing many
staff one-on-one or in groups.
Customer satisfaction is always foremost in our studies. 'We will obtain
feedback and suggestions from applicant customers through a series of focus
groups and mail surveys. We have had excellent results from .these techniques
in our many studies.
Policy makers are also important customers to the processes. It will be
important to interview the City Council members. We will also obtain input via
a survey from the Planning Commission. We are not interested in simply.
producing reports. We produce recommendations that get implemented and
change organizations.
As consultants, we also play an important part in helping the City implement
policy and satisfy customers. Our staff is different than many analysis firms.
All of our staff that will work in Ashland have actually conducted much of the
work being analyzed and have managed ~i.tnilaLprganizations. Additionally,
since we have analyzed so many permit and.plan check functions, we bring a
national perspective to our work.
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Figure 1
Methodology Overview
Consulting '-......
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Operational
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Recommendation
and Action Plan
Customers
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.4.:.~ Policy Makers
B. :SCOPE OF SERVICES
We carefully reviewed the Request for Proposal (RFP) to formulate our scope of
services in accordance with the study objectives. All of the work elements required by
the RFP are included in our proposed scope of services. The work program, described
below, consists of nine (9) tasks and thirty-nine (38) subtasks.
Task 1.0 - Project Initiation and Project Management
Task 2.0 - External Interviews and Meetings
Task 3.0 - Focus Groups
Task 4.0 - Customer Surveys
Task 5.0 - Staff Meetings and Questionnaires
Task 6.0 - Organizational Issues
Task 7.0 - Development Review and Plan Checking Process Process
Task 8.0 - Performance Standards/Benchmarks
Task 9.0 - Study Report and Action Plan
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Task 1.0 - Project Initiation and Project Management
Objectives: Develop a refined work program and scope of services, establish a
schedule of meetings, identify coordinating procedures and begin managing the
project.
Product: We have combined the initial task ~f starting the project with the ongoing
task of monitoring, controlling and administering the project.
Subtask 1.1 - Review Goals and Objectives of Proposed Study: Discussions will
be held with the project manager to assure that the study direction adequately
represents the desires of the City.
Subtask 1.2 - Refine Work Program: The consultant will incorporate necessary
refinements into the work program. The changes will be reflected in the contract. A
detailed work plan will be submitted to the projectmanager for approval within 14
days of contract start date.
Subtask 1.3 - Collect Preliminary Data: Preliminary data will be collected to
further define the scope of services. Existing data to be furnished by the City will
include, but not be limited to, relevant documents from the Community I)evelopment
Department, including budgets, job descriptions, operating procedures, policies of the
City Council, City Manager, and Planning Commission, workload data over five
years, Comprehensive or General Plan, Zoning Code, ISO Report, white paper draft
reports on previous two internal evaluations, design manuals, organization charts,
staffing schedules, performance goals, handouts, flowcharts, process maps, plan check
checklists, sample reports, sample minutes, fee schedules, customer satisfaction
surveys and other existing similar data. "'hen possible, the City should supply three
copies of these documents.
Subtask 1.4 - Contract Management: This task will consist of monitoring the
ertgagement program and files, quality controls, completion of tasks, submittal of
deliverables, work papers and billing. Paul Zucker will serve as Zucker Systems' key
contact person and project manager.
Task 2.0 - External Interviews and Meetings
Objective: Elicit perceptions about the development process.
Product: Input into the technical analysis and isolation. of areas requiring more
detailed study. Interviews will be confidential and summarized in the draft report.
Subtask 2.1 - Select Interviewees: The consultant an~ity will develop a list of
recommended interviewees. At a minimum, this list will include the City Manager, a
few key department or division heads or managers."~e-normally include elected
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officials, subject to the City wishes. The Chairman of the Planning Commission and
possible several groups of members will also be interviewed.
Subtask 2.2 - Schedule Interviews: Interviews will be scheduled with the assistance
of City staff. " \
Subtask 2.3 - Conduct Interviews: City ~taff will be responsible for providing
appropriate inte~view rooms. Interviewees will be assured confidentiality of
information. Responses will be grouped to assure confidentiality before they are
shared ',\lith the City.
SubtasJk 2.4 - Summary of Interviews: The interviews will be summarized in the
draft report.
SubtasJk 2.5 -, Meetings: We will attend any typical staff meetings or inter-
departrnent team meetings related to the process.
Task 3.0 - Focus Groups
Objectilve: Elicit customer perceptions about the development process.
Product: Input into the technical analysis and isolation of areas requiring more
detailed study procedures.
Subtas]k 3.1- Select Focus Group Members: Focus group members will be selected
from a broad list of persons and groups interested in the development review and plan
checking process. One focus group 'would \ include local developers, engineers and
architects. One focus group would consist of special interest group or citizen group
representation to obtain an additional perspective on stakeholder needs. The
consultant and the City will jointly select participants.
Subtask 3.2 - Conduct Focus Group: We envision conducting two focus groups
consisting of eight (8) people each. Each focus group can take two hours. City staff
will handle the logistics for the focus groups. The focus groups should be held in a
comfortable, offsite, private room ~,ith refreshments to be furnished by the City
available. The groups will be assured total confidentiality. There will be no tape
recording and Zucker Systems' staff will be the only non-focus group persons present.
The confidential nature of the groups is absolutely essential.
Subtask 3.3 - Focus Group Report: Focus group comments will be kept
confidential at the individual level, but will be summarized in the study report.
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Task 4.0 - Customer Surveys
Objective: Elicit customer perceptions about the Planning Division
Product: Input into the technical analysis\ and isolation of areas requlnng more
detailed study procedures. A summary report of the findings will be prepared.
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Subtask 4.1 - Determine Areas to Survey: The topics to be surveyed will include
those suggested by staff and those suggested by the consultant. The consultant will
estimate the number of surveys to be sent based on a review of files and the need for
an adequate response (we estimate a 200/0 to 250/0 response rate).
Subtask 4.2 - Design Surveys: The consultant will design the survey forms to
determine customer expectations, service levels and suggestions for improvement.
Subtask 4.3 - Mail Surveys: The City will handle the costs and logistics of mailing
the surveys. The surveys will be sent directly to Zucker Systen1S to assure
confidentiality.
Subtask 4.4 - Tally and Analysis: Zucker Systems will tally and analyze the surveys
for input into other tasks. Zucker Systems uses a computerized database program for
survey analysis and cross-tabulation. The results will be described in the study report.
Because we have used similar surveys in so many communities, we are in a position
to calibrate the data and put responses in perspective.
Task 5.0 - Staff Meetings and Questionnaires
Objective: Elicit staff opinions and perceptions of the mission, goals, objectives,
workload, information, supervision, training, policies, procegures, resources, etc.
~roducts: Memorandum summarizing meetings and questionnaires. IIiput into study
plan.
Subtask 5.1 - Develop Staff Questionnaires: Two questionnaires to be completed
by all relevant staff will be developed for use in the study. The questionnaires will be
specifically tailored to elicit information applicable to our scope of services. The
consultant has developed numerous questionnaires for use in our studies and knows
what does and does not work.
Subtask 5.2 - Staff Orientation Meeting: The consultant will meet with relevant
staff during a 90-minute session to explain the study, discuss staff roles, share
philosophies and build support for active staff participation in the questionnaires and
the entire study. Staff will complete a short, confident.i1tl",anonymous questionnaire
during this meeting. It appears that there is roughly ten relevant staff members.
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The consultant has strong feelings about the role of the staff in this study. When
properly done, the staff will provide: valuable ideas and will support and implement
the report's recommendations. The consultant has built a reputation for this approach
in past studies.
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Subtask 5.3 - Staff Questionnair(~s: A longer, confidential (but not anonymous)
questionnaire will be completed by employees within one week of the staff meeting.
Employees will send this questionnaire directly to Zucker Systems in San Diego. For
follow.-up interviews, as well as interpretation of the answers, it will be essential to
know the name and position of the respondent. The consultant estimates that the
longer questionnaire will require one hour to complete.
Subtask 5.4 - Review of Questionnaires: The consultant will read and analyze the
questionnaires. All material received will be kept confidential as it relates to specific
individuals.
Subtask 5.5 - Memorandum: The consultant will complete a memorandum
summarizing the staff meetings and questionnaire findings.
Task t5.0
Organizational Issues
Objective: Evaluate organizational structure, management oversight and staffing in
relation to appropriateness and efficiency.
Product: Written recommendations for improvement and removal of obstacles to
improvement.
Subtask 6.1- Management Effectiveness
'The naanagement and supervisory structure will be-analyzed in relation to
conternporary management theory. Issues to address will. include" strategic and
operational planning, monitoring of policies and procedures, budgeting, workload
design" meeting deadlines, decision making, reporting lines, control, delegation,
contract management and other personnel and employee issues.
Subtask 6.2 - Organizational Structure
This task will include a review of functional groupings, reporting relations, lines of
authority, spans of control and management to employee ratios. Current theory aimed
at creating flatter, less hierarchical organizations will be employed.
Subtask 6.3 - Training
Past and current training programs will be reviewed aI}ft~~ommendations for training
prograJTIs will be developed. The consultants have extensive experience in training
prograJTIs. Topics will include orientation, on-the:jpp,_,_ training, specific external
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coursework, job rotation, required and desired certification, and computer training.
Special attention will also focus on any possible management or supervisor training
needs.
Subtask 6.4 - Communications
The communication methods and effectiveness will be reviewed. Communication
issues will be reviewed internal to the functfons as well as other departments and
customer communications. Written comnlunication materials will be reviewed,
including brochures, applications, staff reports and minutes. Commu-nication aspects
of the Web and television will also be reviewed.
Subtask 6.5 - Staffing
The staffing and budgeting relative to workload will be examined. Topics to be
considered will include outsourcing, use of overtime, staff training:, workload
priorities, appropriate staffing levels and staff empowerment. Staffing will be based
upon current and projected workload, and review of Council goals and desired
outcomes.
Subtask 6.6 - Planning Program
We will examine the planning program as related to ordinances and plans, the setting
of priorities and staffing levels to accomplish policy makers and community
expectations. Planning processes and procedures will also be examined.
Subtask 6.7 - Technology
Existing and potential technology and equipment to support the Departlnent such as
telephone systems, faxes, filing systems~1 optical scanning, digital cameras and
copiers, copy equipment, permit system, GIS, databases, software, website, and field
computers, will be reviewed. This review v.,ill focus on customer concerns, efficiency
and management information systems.
Task 7.0 - Development Processes
Objective: Efficient and effective processes.
Product: Recommendations for developlnent process changes, improvement and
removal of any obstacles to improvement. .
Subtask 7.1 - Policy Issuesl Regulatory Requirements: We will analyze the
Development Services Goal (Mission and Vision) and its relevance to stakeholder
expectations. Specific polices, standards and regulations will be reviewed as related to
the need for workload efficiency improvements, Intmaiiig the role of various
participants in arriving at decisions. The study will not actually draft policy, but will
set the direction for improvement. .__.'~- ,
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Subtask 7.2 - Process Documentation and Process Flow: Relevant handouts, forms
and guidelines will be reviewed. The processes will be documented, charted and time-
measured. Typical processes would include:
· Pre-application contact and review
· ,A.pplications, adequacy and tilnelines of submissions
· ])iscretionary reviews and development of raw land reviews.
· Public hearings, roles of staff and appointed regulatory bodies..
· Public Works reviews
· Fire reviews
· Building permit applications
· Plan check
Subtask 7.3 - Process Control Systems: Successful processes require plans for
control and monitoring. This task will analyze existing control systems and make
recomnlendations for any improvements. The task will include permitting standards
and the consistency or reliability of the review processes. Customer input from Task 4
and 5 ",'ill be essential for this effort.
Subtas]k 7.4 - Process Evaluation: Specific topics will include, but not be limited to
the following:
· Staff assignments and responsibilities
· Submittal standards and quality of submittals
· Content of reviews
· Process flows
· Coordination or review by others
· Elapsed time by type of permit or action
· A.pplication forms and handouts
· A.ssignment, scheduling and monitoring systems
· File organization and content
· Checklists
· Policy or ordinance constraints (complexity of regulations)
· {Jtilization of clerical personnel
· {J se of consultants and third party review ,~. L....~
· A.utomation
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· Fast track processes
. Triaging of projects (large vs. small projects and short time vs. long time)
· Field inspection
Subtask 7.5 - Recommendations: Recommendations will be made for workflow
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distribution, timing, control and policy. ~ecommendations will include any
appropriate transition plans or needs.
Subtask 7.6 - Relationships: The internal relationships with the Building I)ivision and
HousinglCDBG will be examined. Other departments will be contacted as necessary
such as Engineering, Fire, Human Resources and Technology.
Task 8.0 - Performance Measures
Objective: Development or confirmation of performance measures that lead to
effecti veness and efficiency.
Product: Recommendations for new or modified performance measures that can
measure progress toward goals, mission and vision.
Subtask 8.1 - Performance Measures: We will review all of the City's related
current performance measures and custorner service standards and will recommend
changes or new performance measures as desirable. Zucker Systerns' national
benchmark work on performance measures will be included in this task. Performance
measures will be reviewed for relevance, reliability and validity with an aim toward
both efficiency and effectiveness.
Task 9.0 - Study Report and Action Plan
Objective: Fulfillment of contract and preparation of recommendations to be
implemented.
Product: Draft and final study reports.
The process of report preparation is an in1portant one. Implicit in this process is the
need for a sound understanding of how our review was conducted, what issues were
identified, why our recommendations were made and how implementation should be
accomplished. The consultant's reputation has been built on providing useful reports
to clients. Experience has shown that a large, percentage of the consuJltant's reports
have been implemented, resulting in organizational renewal and change. We will
prepare and submit one copy and an electronic copy. our study report according to the
following subtasks. '.~~,-:::-"
Subtask 9.1 - Prepare Draft Report: "",Ve will prep~~.!!, draft report documenting
the results of our work. .'-
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SubtasJk 9.2 - Review Draft Report by City: The draft report will be reviewed by
city staff.
SubtasJk 9.6 - Final Report: Based on the results of our review process, we will
prepare a final report. Zucker Systems prides\itself on preparing reports that are both
easy to read and to implement. The report will include detailed implementation
schedules and ways to communicate the proposed changes to staff and stakeholders.
The report will be provided in both written and electronic format.
SubtasJk 9.7 - Presentation: We will make one presentation of the final report as the
City desires. Additional presentations of the final report will be billed at cost.
c. C=:ITY SUPPORT
D. C:ONTRACT ISSUES
The draft contract looks acceptable with the possible exception of Section 11.2. In
order to properly carry out the study we receive confidential information from staff
and customers. This information is received directly in San Diego and we normally
include an exception clause in the contract. Verbiage acceptable to most attorneys is:
"to the extent allowed by law, confidential information collected by the consultant
shall only me available to the City in summary fashion."
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III. EXPERIEN CE
A. OVERVIEW
This is a proposal by Zucker Systems, located at 1545 Hotel Circle South, Suite 300,
San Diego, California, 92108. Our telephone is 319-260-2680 and fax 619.-260-1138.
Zucker Systems is a five-person firm created in 1982 to provide a unique combination
of consulting services with specialization in the areas of management, planning,
development and environment. Each of these functions is designed to interact with the
others using the power of a synergistic systems approach. Central to our approach is a
state of mind referred to as "creative dissatisfaction" i.e., there is always a better way
and the consultant's job is to' find it.
Management service includes; audits, organizational analysis, manageInent process
and systems, project management, custOJner service training, focus groups, total
quality management, reengineering, benchmarking, fee studies, Jnanagement
publications, seminars, retreats and comprehensive management training systems.
, We believe that there is a difference between normal and maximum productivity in an
organization. The need for major change in both public and private organizations is
essential. We are beyond the days of moving from one management fad to another.
What is required today is a fundamental shift based on a changing environment and
the new information age.
B.
1.
PHILOSOPHY
Customers Zucker Systems is in business for only one rea~on-to serve
our clients. If there is a trade-off between service and profit, we put servic~
flfSt. Our goal is to retain a relationship with each client fore'~er, each and
every time that client needs consulting services, and to have each client
spread a good word about us to others. We pride ourselves on numerous
repeat clients.
2.
Employees Zucker Systems has an obligation to its employees to help them
stretch and learn, to produce uncommon results from ordinary people, and to
have fun doing it. It is only through excellent employees that we can provide
our high level of customer service. Weare fully committed to affirmative
action.
3.
A Better Way Zucker Systems takes its"rea:d-:f~om the Japanese word
"Kaizen" -a constant search for a better W'4Y..LY!.~. ~ccept responsibility to
continually search for a more effective and efficient way to do things. This
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approach allows us to provide better service to our clients, more resources for
the organization, and a better community and environment. We also have a
commitment to share our discoveries with others through our publications,
seminars and web site. We see ourselves as agents of change.
c. SPECIFICS
Zucker Systems may be the only national organization and management firm that
specializes in analysis of planning, building, engineering and related. departments. We
have \\'orked with 100 cities, 38 counties, and 20 non-profits in 24 states. Not only
have \\'e analyzed such functions, but our senior -staff members have also managed
these functions as governmental employees and contract staff.
In addition to our "best practices" experience through our contracts, we have
conducted national research on best practices, performanc.emeasures and permitting
and organizational methodology . We interact with permitting departments throughout
the U.S. and Canada via an interactive website.
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We believe each organization is unique and we tailor our recommendations for each
community. Nonetheless, our extensive studies and national contacts are a great
assistance in relating to community development departments.
We have completed or are underway on studies for:
· 46 multi-function development: and permitting departments
· Six building departments
· 32 planning departments
· Eight fee studies
· 17 other public and non-profit organization studies
· 21 focus group, retreat and training contracts
A more complete description of proje:cts is shown in Appendix B.
D. :REFERENCES AND OUTCOMES
All Pe'rmitting Departments - take County, Illinois
This ,,'as a comprehensive study of multiple departments including building,
planning, health, public works, and transportation. The study made 197
recomnlendations for improvement. The recol1lI11~ndatiQPs are currently being
implem,ented. The County has indicated that they wilt-provide an additional contract
this year to review the progress on implementation. '"~~~ ,Cc;>unty also hired Zucker
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Systems for a follow on study of staffing levels, fees and relation to Certified
Communities for the Storm Water Management Commission. This work is nearing
completion.
Marci Jumisco, Project Manager
Lake County, Illinois
18 North County Street - 9th Floor
Waukegan, Illinois 60085-4334
847-377-2230, Fax 847-360-6732
email: Mjumisko@co.lake.il.us
The Development Review Process -. Fort Collins, Colorado
This study of the development process resulted in major changes to the process with
54 recommendations. The major directions have been embraced by the: Mayor and
City Council and implementation is well underway.
Cameron Gloss, Director
Fort Collins, Current Planning Department
281 North College Avenue
Fort Collins, Colorado 80522
970-221-6750, Fax 970-416-2020
email: cgloss@fcgov.com
Planning & Development Department Organizational Audit -
Eugene, Oregon
This study included planning, building and engineering focusing on the development
process with 56 recommendations for change. This contract is an exaJnple of how
satisfied clients return to Zucker Systems \vho first worked with Mr. Coyle in Bryan,
Texas. Mr. Coyle was recently selected as the new Planning Director for Kansas City
and has indicated his intent to hire Zucker Systems for an organizational review.
Tom Coyle, Executive Director
Eugene, Oregon Planning & Development Department
99 West 10th Avenue
Eugene, Oregon 97401
541-682-6077, Fax 541-682-8335
email: tom .g.coyle@cLeugene.or.us
All Permitting Departments - Peoria, Arizona
This was a study of all development functions. It resulted in 164 recommendations
and implementation is underway.
Meredith R. Flinn, Deputy City Manager
Peoria, Arizona
8401 W. Monroe St.
Peoria, Arizona 85345
623-773-7324, Fax 623-773-7292
email: meredith@oeoriaaz.com
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All P4~rmitting Departments - Pierce County, Washington
This \vas a comprehensive study of the Planning and Land Services Department. It
resulted in 190 recommendations and implementation is underway. The County has
appropriated over $700,000 for inlplemen~ations and Zucker Systems has been
awarded a follow on contract to monitor the County's implementation.
Rick Talbert, County Performance Audit Staff
Pierce County
955 Tacoma Ave. S. Suite 302 A
Tacoma, WA 98402
253-798-2172, Fax 253-798-4906
email: rtalber@co.pierce.wa.us
':"~'~-""'_;
..-.-. ,.'-. -
City of Ashland
15
Zucker Systems
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IV.
TIME FRAME
Our normal time frame for studies of this type is three months after contract signing.
The work could proceed faster but time is n~cessary to arrange for focus groups and
customer surveys and for staff to complete questionnaires.
The work will generally be phases as follows:
1. Phase I
Completion of interviews, staff questionnaires and review of background material.
2. Phase II
Complete focus groups and customer surveys.
3. Phase III
Organizational and process analysis.
4. Phase IV
Completion of draft report.
5. Phase V
Completion of final report and presentation.
'''~'''''''''''--''''-;
City of Ashland
16
Zucker Systems
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v. RATES
This is a fixed fee proposal for $38,950. We estimate professional staff hours of 200
with 40 hours of support staff. Our billing rates are shown in Table 1.
Table 1
Billing Rates
Name Hourlv Rate
Paul Zucker $175.00
Mark Persico $135.00
Support Staff $40.00
I Materials Cost plus 150/0
-'~.__....- ~
, .. -----_..'-'- - -. .
City of Ashland
17
Zucker Systems
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VI.
CLIENT LIST
Detailed lists of clients are shown in Appendix Band C. Recent clients are shown in
Figure 2 below.
Figure 2 ,
Recent Zucker Systems Clients
'-:"" -"'--:~"--~:' - --~.: '.- .." ", ',' ,-- - ...., ".~. ';:" ''',' . . -. ,.-:' 'r' ''''7'T~--N~- ':'.::'.' __I
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. - - - -
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McAllen Texas Underway
Inalewood California Underway
New Canaan Connecticut, Underway
CoIleae Station Texas. 2005
Downey. California 2004
Fairfield California 2004
Queen Creek Arizona 2004
Pierce County. WashinQton 2004 and Underway
Henrv Countv, Georaia. 2004
Benicia California 2004
Lake Countv. Illinois. 2003
Euaene. Oreaon 2003
Fort Collins Colorado 2003
Scottsdale Arizona 2002 and 2003
Monterev County. California. 2002
San Jose. California 2002
Peoria Arizona 2002
Denton Texas 2002
Bellevue Washinaton 2002
Boulder Countv. Colorado 2001
Reddina. California. 2001
Culver City. California 2001
Clackamas County. Oreaon 2001
ICornus Christi. Texas 2001
Sonoma County, California, 2000
Kent Washinaton 1999
Santa Clara California 1999
Ventura. California 1999
'Juneau. Alaska 1998
Clearwater Florida 1998
Coeur d'Alene. Idaho 1998
Fresno County. California 1998
Ketterina. Ohio 1998
Naoerville Illinois 1998
Avon Colorado 1997
Danburv. Connecticut 1996
Hillsborouah County. Florida 1996
CoIumbuslBartholemew County. Illinois 1996
Sorinafield, Missouri 1995
Hilton Head. South Carolina. 1995
Riverside County. California. 1995
Louisville Kentuckv. 1994
EI Dorado County, California 1991
Oranae Countv. California. 1988
Corona California 1987
Austin Texas 1987 .
...~_,._.. ....;.;~".: .'. ,,_,,'.' . '. " -',':" . " ,: '" ,'.1' _I
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Jackson HoIelTeton County, Wyomina, Underwav Bloom inaton , Indiana, 1998
Merced Countv, California, 2004 ASDen, Colorado, 1998
Columbus, Indiana, 2004 Solano Countv, Caifornia, 1998
Chula Vista, California, 2003 Loaan, Utah, 1997
Los Anae1es County, California, 1987 & 2002 Warren County, Kentuckv 1996
Hende~,Nevada,2oo1 Columbus, Indiana, 1996
Merced County, California, 2001 HillsborouQh County, Florida 1996
Burbank, California, 2001 Washoe County, Nevada, 1994
Santa Monica, California, 2001 Sacramento, California, 1993
Marioosa County, California, 2000 Chino Hills. California 1992
Doualas County, Colorado, 2000 Los Anae1es, Caw' 4""'1
Victoria, Texas, 2000 Imperial Beach California, 1990
Marina, California, 2000 Santa Cruz County, California, 1989
Santa Cruz, California, 1999 Naoa Countv, C81ifgmttC'1981
Grand Junction, Colorado 1999 Gainesville Florida, 1985
Palo Alto, California, 1998 Los AnQe1es California 1983
City of Ashland
18 Zucker Systems
CITY OF
ASH LAI'~ D
Council Communication
'\ '
A Resolution Setting the Time and Place for a Public Hearing on the
Withdrawal of Certain Real Property from Jackson County Fire District 'No.5;
and Directing Publication of Notice as Required by ORS 222.524 (Paeific
Western of Medford, LLC, Annexation, end of Clover Lane)
Meeting Date: August 2, 2005
Department: communityftlopment
Contributing Departments' I
Approval: Gino Grimaldi S
Primary Staff Contact: Bill Molnar, 552-2042
jDill@ashland.or.us
Secondary Staff Contact: John McLaughlin, 552-2043
mac@ashland.or.us
Estimated Time: 5 minutes
Statement:
The property located at the end of Clover Lane was approved for annexation by the City Council
after the adoption of findings on October 21, 2003. That completed the land use ordinance
portion of the annexation process. The applicant has recently prepared and submitted the
required boundary description of the property and posted a performance bond for public
improvements related to the extension of Clover Lane, allowing the City to take the final two
steps in the annexation process: passing a resolution to annex the property, and passing a
resolution setting a public hearing and holding the h(~aring to withdraw the area from the
jurisdiction of Jackson County Fire District 5.
Background:
A map of the proposed annexation is attached. This step is required to withdraw this area from
the special taxing district of Jackson County Fire District No.5.
Related City Policies
Since the Council has already approved the land use ordinance portion of the annexation, it has
previously found that the applicable goals, policies and approval criteria of the City have been
met by this request.
Council Options:
The Council can adopt the resolution, or choose not to adopt the resolution.
Staff Recommendation:
Staff recommends that the Council adopt the resolution as submitted.
Potential Motions:
Move to approve Resolution Setting the Time and Place for a Public Hearing on the vVithdrawal
of Certain Real Property from Jackson County Fire District No. '5;:amt'Directing Publication of
Notice as Required by ORS 222.524 (Pacific Western of Medford, LLC Annexation, end of
Clover Lane).
1
r~'
Attachments:
Resolution
Notice Map
Map of Survey - Annexation Area
Annexation Description
A1 - A2
A3
A4
A5
\ '
2
\.:.~_.._.~.
_.~.-.... .---
RESOLUTION NO. 2005-
A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING ON THE WITHDRAWAL OF CERTAIN REAL PROPERTY
FROM JACKSON COUNTY FIRE DISTRICT'NO. 5, AND DIRECTING
PUBLICATION OF NOTICE AS REQUIRED BY ORS 222.524 (PACIFIC
WESTERN OF MEDFORD, LLC, ANNEXATION, END OF CLOVER
LANE)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to ORS 222.524 a public hearing shall be held on Septem-
ber 6,2005, at 7 p.m., in the Council Chambers, Civic Center, 1175 East Main Street,
Ashland, Oregon, on the question of withdrawal of property described on the c3ttached
Exhibit A, from Jackson County Fire District No. 5.P,II persons may appear bE3fore the
Ashland City Council and be heard on the question.
SECTION 2. The city recorder is directed to give notice of the hearing as required by
ORS 222.524(2).
SECTION 3. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
9 2.04.090 duly PASSED and ADOPTED this __ day of , 2005.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2005.
.John W. Morrison, Mayor
Reviewed as to form:
l..A-/" ~ < ~
--
Micheal M. Reeder, Assistant City Attorney ---'
.._~...-.:..-.,--.~
.. .-.. '.,--.--
1- Resolution
G:\legal\Office\ORD\A\Annex reso setting public hearing (Pacific Western of Medford LLC-Clover Lane).wpd
L&S SURVEYING
78 LEAFWOOD DR.
EAGLE POINT, OR 97524
PHN 541-830-0111
FAX 541-830-4222
Aprill7, 2005
'\ '
Legal description for T39S, IE, 14A, TL1200
"Exhibit A, Annexation Description"
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 1 IN SECTION 14,
TOWNSHIP 39 SOUfH OF RANGE 1 EAST OF THE WILLAMETI'E MERIDIAN, JACKSON
COUNTY, OREGON, THENCE SOUfH 00000'21" EAST ALONG THE EAST LINE OF SAID LOT
1,883.88'FEI~T TO TIlE SOU1HEASTCeRNER OF TIIAT TRACT DESCRIBED ,.IN VOLUME'.~ .,;
272, PAGE 618, OFFICIAL RECORDS, SAID COUNTY AND STATE, AND TIlE INITIAL POINT;
THENCE WEST, ALONG THE sourn LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY
RIGm OF VlAY OF INTERSTATE IDGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG
SAID EASTERLY RIOHf OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGIIT
OF WAY, 387.95 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTII 0000'21" WEST,
ALONG SAID EAST LINE, 139.81 FEET TO TIm INITIAL POINT.
~~g
Daniel L. Seibert PLS 2541
v-/?, oS-
Date
REGISTERED ,~ ..' '
PROFESSIONAl! .~ .~~
LAND SURVEYOR '.'~;;
_. 40 .". ___
..~.......-_..~..;
ATTACHMENT A-5
Notice is hereby given that a PUBLIC , .~ING on the following
request with respect to the ASHLAND LAND USE ORDINANCE will
be held before the ASHLAND CITY COUNCIL on October 21,2003
at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main
Street, Ashland, Oregon.
The ordinance criteria applicable k) this application are attached to this notice. Oregon law
states that failure to raise an objection conceming this application, either in person or by
letter, or failure to provide sufficie,. specificity to afford the decision maker an opportunity
to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals
(LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on
also precludes your right of appeal k) LUBA on that criterion. Failure of the applicant to raise
constitutional or other issues relating to proposed conditions of approval with sufficient
specificity to allow this Commission to respond to the issue precludes an action for
damages in circuit court.
A copy of the applicatior. >cuments and evidence relied upon by the applicant and
applicable criteria are aVClhdble for inspection Sit no cost and will be provided at
reasonable cost, if requested. A copy of the Staff Heport will be available for Inspection
seven days prior to the hearing and win be provided at reasonable cost. If requested. All
materials are available at the Ashland Planning Department, City Hall, 20 East Main
Street. Ashland, Oregon 97520.
During the Public Hearing, the Mayor shall allow te:stimony from the applicant and those
in attendance concerning this request. The Mayor shall have the right to limit the length '
of testimony and require that comments be restrict.ed to the applicable criteria. Unless '
there is a continuance, If a participant so requests before the conclusion of the hearing,
the record shall remain open for at least seven days after the hearing.
If you have questions or comments conceming thi!. request. please feel free to contact
Susan Yates at the Ashland Planning Department, City Hall, at 541-552-2041. Our TTY
phone number is 1-800-735-2900.
PLANNING ACTION 2003-112 is a request for Annexation of an approximately 1.32 acrE~ parcel
on Clover Lane. Comprehensive Plan Designation: Rural Residential (existing), City
Comprehensive Plan Designation: Employment (proposed); Zoning: RR-5 (existing), E-'I
(proposed); Assessor's Map #: 39 1 E 14 A; Tax Lot: '1200." ~._,,-:.~~
APPLICANT: Pacific Western of Medford, LLC
ATTACHMENT A-3
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CITY OF
ASHLAND
Council Communication
A Resolution of the City of Ashland Annexing a Contiguous Area to the City
of Ashland, Oregon and Providing for an Effective Date (Pacific WesteJm of
Medford, LLC, Annexation, end of Clover Lane)
Meeting Date: August 2, 2005
Department: Community De~ment
Contributing Departments: L I
Approval: Gino Grimaldi
Primary Staff Contact: Bill Molnar, 552-2042
t>ill@ashland.or.us
Secondary Staff Contact: John McLaughlin, :552-2043
rnac@ashland.or.us
Estimated Time: 10-15 minutes
Statement:
The property located at the end of Clover Lane was approved for annexation by the City Council
after the adoption of findings on October 21, 2003. That completed the land use ordinance
portion of the annexation process. The applicant has recently prepared and submitted the
required boundary description of the property and posted a performance bond for public
improvements related to the extension of Clover Lane, allowing the City to take the final two
steps in the annexation process: passing a resolution to annex the property, and passing a
resolution setting a public hearing and holding the hearing to withdraw the area from the
jurisdiction of Jackson County Fire District 5.
Background:
A map of the proposed annexation is attached. The findings approving the annexation are also
attached. Should the Council require additional information, Staff will have the file and all
supporting information available at the Council meeting.
Related City Policies
Since the Council has already approved the land use ordinance portion of the annexation, it has
previously found that the applicable goals, policies and approval criteria of the City have been
met by this request.
Council Options:
The Council can adopt the resolution, or choose not to adopt the resolution.
Staff Recommendation:
Staff recommends that the Council adopt the resolution as submitted.
..~..---,..._.;
...-
1
~~,
Potential ~~otions:
Move to approve the resolution of the City of Ashland Annexing a Contiguous Area to the City
of Ashland, Oregon, and Providing for an Effective Date (Pacific Western of Medford, LLC
Annexation, end of Clover Lane).
Attachments:
Resolution
Notice Map
Findings of Approval
Map of Survey - Annexation Area
Annexation DHscription
A1 - A2
A3
A4 - A10
A11
A12
\...~"--:-.,~_.;
... ~--. ..
2
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY OF ASHLAND ANNEXING A
CONTIGUOUS AREA TO THE CITY OF ASHLAND, OREGON, AND
PROVIDING FOR AN EFFECTIVE DATE. (PACIFIC WESTERN OF
MEDFORD, LLC, ANNEXATION, END ()F CLOVER LANE)
RECITALS:
A. ORS 222.125 permits the city to annex the property described in the attaGhed
Exhibit A without an election and without a public hearing when all of the o,^'ners of
the property to be annexed and not less than 500k of the electors, if any, residing on
the property consent in writing to the annexation.
B. The sole owner of this property has consented in writing to the annexation. There
are no electors residing on the property.
C. The land use application fOf3nnexation has been heard and was approved with
findings and the order for annexation adopted by the city council on October 21,
2003.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The land described in the attached Exhibit "A" is contiguous to the City
of Ashland and is located in Jackson County, ()regon, and is proclaimed to be
annexed to the City of Ashland as provided in IDRS 222.125 and Section 2 iQf this
Resolution.
accordance with ORS 222.177, shall transmit to the Secretary of the State of
Oregon, a copy of this resolution, a copy of the Statement of Consent from the
landowner of the tract annexed and shall subrn it a copy of this resolution to the
County Assessor and County Surveyor of Jackson County, Oregon.
SECTI'ON 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 , 2005.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2005.
'.John W. Morrison, Mayor
Reviewed as to form:
...~._.,..._.~
..'~
~ V\A ( tfl--A..,
Micheal M. Reeder, Assistant City Attorney
-
(G:\legal\Office\ORD\A'lAnnex resolution (Pacific Western of Medford LLC-ClovEir Lane).wpd)
L&S SURVEYING
78 LEAFWOOD DR.
EAGLE POINT, OR 97524
PHN 541-83~111
FAX 541-830-4222
April 17, 2005:
Legal description for 1'39S, IE, 14A, TL1200
jO'Exhibit A, Annexation Description"
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT I IN SECTION 14,
TOWNSHIP 39 SOUTH OF RANGE 1 EAST OF TIlE WlLLAMETI'E MERIDIAN, JACKSON
COUNlY, OREGON, lHENCE SOUTH 00000'21" EAST ALONG TIlE EAST LINE OF SAID LOT
1, 883.88 FEJET TO 1HE SOU1HEASTc CORNER OF lHAT TRACT'DESCRlBED IN VOLUME
272, PAGE 618, OFFICIAL RECORDS, SAID COUNlY AND STATE, AND TIlE INITIAL POINT;
THENCE WEST, ALONG THE SOUTH LINE OF SAID TRACT, 433.64 FEET TO THE EASTERLY
RIGHT OF \VAY OF INTERSTATE IDGHWAY 5; THENCE SOUTH 18006'12" EAST, ALONG
SAID EASTERLY RIGHT OF WAY LINE, 147.09 FEET; THENCE EAST, LEAVING SAID RIGHT
OF WAY, 387.95 FEET TO TIlE EAST LINE OF SAID LOT 1; lHENCE NORTH 0000'21" WEST,
ALONG SAR- EAST LINE, 139.81 FEET TO nIB INITIAL POINT.
~~y5
Daniel L. Seibert PLS 2541
~-/ 7. oS-
Date
REGISTERED ,~ ' '~
PROFESSJONAl! .~ . ,~~'
LAND SURVEYOR .,~;;
_. -~ ..~ -
ATTACHMENT A-12
Notice is hereby given that a PUBLIC I .~ING on the following
request with respect to the ASHLAND LAND USE ORDINANCE will
be held before the ASHLAND CITY COUNCIL on October 21, 2003
at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main
Street, Ashland, Oregon.
The ordinance criteria applicable to this lIppIication are attached to this notice. Oregon law
states that failure to raise an objection conceming this application. either In person or by
letter, or fallOO! to provide suffidert specificity to afford the decision maker an opportunity
to respond to the Issue, precludes your right of appeal to the Land Use Board of Appeals
(LUBA) on that Issue. Failwe eo specify which ordinance aiterion the objection Is based on
also precludes your right of appeal eo LUBA on that crfterion. FaAwe of the applicant eo raise
constitutional or other Issues relating to proposed conditions of approval with sufficient
specificity to allow this Commission to respond to the issue precludes an action for
damages in circuit court.
A copy of the applicatior. JCuments and e\/idence relied upon by the applicant ar
applicable criteria are aVCtltclble for inspection at no cost and will be Provided
reasonable cost, if requested. A copy of the Stiff Report will be available for inspectic
sewn days prior to the hearing and win be provided at reasonable cost, if requested. J
materials are available at the Ashland Planning Department, City Hall, 20 East Ma
Street. Ashland. Oregon 97520.
During the Public Hearing. the Mayor shall alkMr testimony from the applicant and tho~
In attendance concerning this request. The Ma)/Of" shan have the ~ht to limit the 1eng1
of testimony and require that comments be restricted to the applicable criteria. Unle~
there Is a continuance, if a participant so req~rts before the conclusion of the hearin<
the record shall remain open for at least seven days after the hearing. '
If. you have questions or comments concemlng this request, please feel free to conta(
Susan Yates at the Ashland Planning Department. City Hall. at 541-552-2041. Our n
phone number is 1~OO-735-2900.
PLANNING ACTION 2003-112 is a request for Annexation of an approximately 1.32 acre parcel
on Clover Lane. Comprehensive Plan Designation: Rural Residential (existing), City
Comprehensive Plan Designation: Employment (proposed); Zoning: RR-5 (existing), E-1
(proposed); Assessor's Map #: 39 1 E 14 A; Tax Lot: 1200. '.-::;::'--':-'~
APPLICANT: Pacific Western of Medford, LLC
ATTACHMENT A-3
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
October 21, ~003
IN THE MATI~ER OF PLANNING ACTION #2003-112, REQUEST FOR
ANNEXA TIO]~ OF AN APPROXIMATELY 1.32 ACRE PARCEL LOCATED
AT THE END OF CLOVER LANE.
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
APPLICANT: Pacific Western of Medford, LLC
------------------..------------------------------------------------------------------------------------
RECITALS:
1) Tax lot 1200 of 391E 14 A is located at the end of Clover Lane, within Ashland's Urban Growth
Boundary and adjacent to the City Limits boundary.
2) The applicant is requesting Annexation of an approximately 1.32-acre parcel located at the end of Clover
Lane. The tentative partition plat, site improvements and building elevations associated with the Planning
Commission's approval of a Site Review are~ on file at the Department of Community Development.
3) The criteria for approval for Annexation are described in section 18.106 as follows:
An annexation may be approved if the proposed request for annexation confonns, or can be made to
conform through the imposition of conditions, with the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning for the annexed area is in confonnance with the designation indicated on the
Comprehensive Plan Map, and the project, if proposed concurrently with the: annexation, is an allowed
use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water treatment plant as detennined by
the Public Works Department; the provision of electricity to the site as determined by the Electric
Department; urban stonn drainage as detennined by the Public Works Department can and will be
provided to and through the subject property. Unless the City has declared a moratorium based upon a
shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for
these facilities.
._...........--oL-.:.-.....
E. Adequate transportation can and will be provided to and through the subject property. For the
ATTACHMENT A-4
purposes of this section "adequate transportation" jor annexations consists of vehicular, bicycle,
pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be constructed, along
the full frontage of the project site to the nearest fully\improved collector or arterial street. All streets
adjacent to the annexed area shall be improved, at a minimum, to a half-street standard with a minimum
20' driving surface. The City may, after assessing the impact of the development, require the full
improvement of streets adjacent to the annexed area. All streets located within annexed areas shall be
fully improved to city standards. Where future street dedications are indicated on the City's Street
Dedication Map or required by the City, provisions: shall be made for the dedication and improvement of
these streets and included with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and will be constructed.
Should the annexation be adjacent to an arterial strc~t, bike lanes shall be provided on or adjacent to the
arterial street. Likely bicycle destinatiQns from the project site shall be determined and safe and
accessible bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can and will be
constructed. Full sidewalk improvements shall be provided on one side adjacent to the annexation for all
streets adjacent to the proposed annexed area. Sidewalks shall be provided as required by ordinance on
all streets within the annexed area. Where the project site is within a quarter of a mile: of an existing
sidewalk system, the sidewalks from the project site shall be constructed to extend and connect to the
existing system. Likely pedestrian destinations from the project site shall be determined and the safe and
accessible pedestrian facilities serving those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be likdy to be extended
to the site in the future based on information from the local public transit provider, provisions shall be
made for the construction of adequate transit facilities, such as bus shelters and bus turn-out lanes. All
required transportation improvements shall be constructed and installed prior to the issuance of a
certificate of occupancy for any new structures on the annexed property.
F. For all resideIltialannexations, a plan shall be provided demonstrating that the development of the
entire property will ultimately occur at a minimum density of 90% of the base density for the zone,
unless reductions in the total number of units is necessary to accommodate significant natural features,
topography, access limitations; or similar physical (~onstraints. The owner or owners of the property shall
sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that -
future development will occur in accord with the minimum density indicated in the dc~velopment plan.
For purposes of computing maximum density, portions of the annexed area containing undevelopable
areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included.
G. F or all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industrial lands with a Residential
Overlay (R-Overlay):
~_._- .-...
1. 35% of the base density to qualifying buyers or renters with incomes at or belovl120% of median
A-~;
income; or
2. 25% iOf the base density to qualifying buyers or renters with incomes at or below t 1 00% of median
income; or
3. 20% iOf the base density to qualifying buyers or rent~rs with incomes at or below 80% of median
income; or
4. 15% iOf the base density to qualifying buyers or renters with incomes at or below 60% of median
Income; or
5. Title to a sufficient amount ofbuildabl(~ land for development is transferred to a non-profit (IRC
501 (3)(c)) affordable housing developer or comparable Development Corporation for the purpose of
complying with subsection 2 above. The land shall be located within the project and all needed public
facilities shall be extended to the area or areas proposed for transfer. Ownership of the land shall be
transferred to the affordable housing developer or Development Corporation prior to commencement of
the project.
The totalllumber of affordable units described in this section G shall be determined by rounding down
fractional answers to the nearest whole unit. A deed restriction, or similar legal instrument, shall be used
to guarantc~e compliance with affordable criteria for a period of not less than 60 years. Properties
providing ,affordable units as part of the ann(~xation process shall qualify for a maximum density bonus
of 25 perc(~nt.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year
supply of vacant and redevelopable land in the proposed land use classification within the current city
limits. "Redevelopable land" means land zoned for residential use on which development has already
occurred but on which, due to present or expected market forces, there exists the likelihood that existing
developme:nt will be converted to more intensive residential uses during the planning period. The five-
year supply shall be determined from vacant and redevelopable land inventories' and by the methodology
for land need projections from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-1 or C-1 under the Comprehensive Plan, and that the
applicant vvill obtain Site Review approval for an outright permitted use, or special permitted use
concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack offuUeity sanitary sewer or water
services; or
4. Existing development in the proposed annexation has inadequate water or sanitary sewer service; or
the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service
extended, (~nnected, and in use, and a signed "consent to annexation" agreement has been filed and
accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by lands within the
city limits. (ORD 2792, 1997; ORD 2895, 2003).
4) The Ci~y Council, following proper public notice, held a Public Hearing on October 21,2003, at which
time testim,ony was received and exhibits were presented. The CoUiiCil-ipproved the application subject to
conditions pertaining to the appropriate development of the site.
A-6
Now, therefore, the City Council for the City of Ashland fmds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits:J data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council fmds that it has received all information necessary to make a d~~cision based on the
Staff Report, public hearing testimony and the exhibits received.
2.2 Ashland Municipal Code Title 18, Chapter 18.106.30 provides the approval criteria for Annexation. The
City Council makes. the following findings with respect to the following approval criteria:
A. The land is within the City's Urban Growth Boundary.
The property proposedfor annexation is currently located within Ashland's Urban Growth Boundary
as designated on the Ashland Comprehensive Plan.
B. The proposed zoning for the annexed area is in conformance with the designation indicated on the
Comprehensive Plan Map, and the project, if proposed concuuently with the annexation, is an allowed
use within the proposed zoning.
The proposed zoningfor the property, -E-l, is consistent with the designations indicated on the
Ashland Comprehensive Plan, while the proposed light industrial-manufacturing uses are
allowable uses in the district.
C. The land is currently contiguous with the present City limits.
The property is contiguous to the existing City Limits along the parcel's north property line.
D. Adequate City facilities for the provision of water to the site as determined by the Public Works
Department; the transport of sewage from the site to the waste water tre~tment plant as determined by
the Public Works Department; the provision of electricity to th~"site"~':determined by the Electric
Department; urban storm drainage as detennined by the Public Works Department can and will be
A-7
provided to and through the subject property. Unless the City has declared a moratorium based upon a
shortage of water, sewer, or electricity, it is recognized that adequate capacity exists system-wide for
these facilities.
Sewer, water and electric service will be extended to and through the project. Water and sewer
lines are located in the Clover Lane right-of-way adjacent to the parcel. Water and Sewer lines
will be extended across the full length of the property frontage. Run-off from the development will
be directed to City of Ashland storm drainage facilities located in the Clover Lane extension.
E. Adequate transportation can and will be: provided to and through the subject property. For the
purposes of this section "adequate transportation" for annexations consists of vehicular, bicycle,
pedestrian and transit transportation meeting the following standards:
Street improvements are required upon annexation with the degree of improvement based upon the
street's location relative to the annexed area. In this case, Clover Lane is cu"ently improved to City
of Ashland standards. The extension of Clover Lane will be constructed to City of Ashland
standards, including travel lanes, curb and gutter, storm drains and public sidewalks.
F. For all residential annexations, a plan shall be provided demonstrating that the development of the
entire property will ultimately occur at a minimum density of 90% of the base density for the zone,
unless reductions in the total number of units is necessary to accommodate significant natural features,
topography, access limitations, or similar physical constraints. The owner or owners of the property shall
sign an agreement, to be recorded with the county clerk after approval of the annexation, ensuring that
future deve:lopment will occur in accord with the minimum density indicated in the development plan.
For purposes of computing maximum density, portions of the annexed area containing undevelopable
areas such as wetlands, floodplain corridor lands, or slopes greater than 35%, shall not be included.
Not applicable. This proposal does not involve a residential annexation.
G. For all annexations with a density or potential density of four residential units or greater and
involving residential zoned lands, or commercial, employment or industriallands with a Residential
Overlay (R.-Overlay):
1. 35% of the base density to qualifying buyers or renters with incomes at or below 120% of median
income; or
2. 25% of the base density to qualifying buyers or renters with incomes at or below' 1 00% of median
income; or
3. 20% of the base density to qualifying buyers or renters with incomes at or below 80% of median
income; or
4. 15% of the base density to qualifying buyers or renters with incomes at or below 60% of median
income; or
5. Title to a sufficient amount of buildable land for development is transferred to a non-profit (IRC
501 (3 Xc)) affordable housing developer or comparable Development-C-orporation for the purpose of
complying with subsection 2 above. The land shall be located within the project and all needed public
A-8
facilities shall be extended to the area or areas proposed for transfer. Ownership ofthc;: land shall be
transferred to the affordable housing developer or Development Corporation prior to (~ommencement of
the project.
The total number of affordable units described in this section G shall be detennined by rounding down
fractional answers to the nearest whole unit. A deed restriction, or similar legal instrwment, shall be used
to guarantee compliance with affordable criteria for a period of not less than 60 years. Properties
providing affordable units as part of the annexation process shall qualify for a maximum density bonus
of 25 percent.
Not applicable. This proposal does not involve a residential annexation.
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less than a five-year
supply of vacant and redevelopable land in the proposed land use classification within the current city
limits. "Redevelopable land" means land zoned for residential use on which developlnent has already
occurred but on which, due to present or expected Dlarket forces, there exists the likelihood that existing
development will be converted to more intensive residential uses during the planning period. The five-
year supply shall be determined from vacant and redevelopable land inventories and by the methodology
for land need projections from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-l or C-l under the Comprehensive Plan, and that the
applicant will obtain Site Review approval for an outright permitted use, or special permitted use
concurrent with the annexation request; or
The property has a zoning designation of E-l, Employment. The Planning C01.nmission granted
Site Review approval, on September 9, 2003, to construct two light-industrial buildings.
3. A current or probable public health hazard exists due to lack of full City sanitary sewer or water
services; or
4. . Existing development in the proposed annexation has inadequate water or sanitary sewer service; or
the service will become inadequate within one year;, or
5. The area proposed for annexation has existing City of Ashland water or sanitary sewer service
extended, connected, and in use, and a signed "consent to annexation" agreement has been filed and
accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "'island" completely surrounded by lands within the
city limits. (ORD 2792, 1997; ORD 2895, 2003).
SECTION 3. DECISION
Therefore, based on our overall conclusions, and upon the proposal being ,subject to each of the following
conditions, the City Council approves Planning Action # 2003-112. The following ar(~ the conditions and
they are attached to the approval:
. --..-,....-'t""- _. ~_. ..
A-9
1) That the proposal complies with all conditions imposed by the Planning Commission for Site
Review approval.
CITY OF ASHLAND, OREGON
~-6?L
By: Alan DeBoer, Mayor
"'-~~-"~-'"
~ .(7- O~
Date
A-10
SURVEY FOR:
PQQlfIc Western of Medford LLC
117~ EQst HQI" St.
Suit. IF'
Mftlf'ord, OR 9750~
F"EBRUARY, 2005
f~ ",/1'*
,- c!o \1'
(T\
MAP OF SURVEY
LOCA TED IN THE NE 1/4 SECTION 14,
T. 39 S., R. 1 [;, OF' WILLAMEITE MERIDIAN,
CITY OF' ASHLAND,
JACKSON COUNTY, OREGON
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CS 1:1928
T39S, RIE, SEC, 14. Tl. 1200
Instr. 98-03070
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BASIS or BEARINGS
TRUE MERIDIAN AT THE N-S CENTERLINE SECTION 14 AS DERIVED
FROM N.O.A.A. NET. ON FILE IN THE OFFICE OF THE JACKSON
COUNTY SURVEYOR, THE REFERENCE LINE F"OR BEARING CONTROL
FOR THiS SURVEY WAS TAKEN FROM MONUMENTS ON THE WEST ~
LINE OF DLC No. 52. AS SHOWN HEREON, AND AS REFERENCED
ON FILED SURVEY No. 9675 IN THE OFFICE OF THE JACKSON
COUNTY SURVEYOR,
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THE PURPOSE Of' THIS SURVEY WAS TO DETt:RMINE THE
BOUNDARY OF THE PARCEL SHOWN HEREON FOR FUTURE
IMPROVEMENTS TO TAKE PLACE. EXISTING AND PROPOSED
CITY LIMITS WERE SHOWN FOR CLARITY, NO MONUMENTS
WERE SET THIS SURVEY,
EAST 387.95'
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