HomeMy WebLinkAbout2008-1104 Council Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 4, 2008
Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of October 20, 2008
2. Regular Council of October 21 , 2008
VI. SPECIAL PRESENTATIONS & AWARDS
1. Mayor's Proclamation of November as American Indian Heritage Month
2. Mayor's Proclamation of November as National Family Caregiver Month and National
Alzheimer's Awareness Month
VII. CONSENT AGENDA [5 minutes]
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to ratify the new Labor Agreement between the City of
Ashland and the Laborers Local No. 121?
3. Should Council accept the quarterly financial report as presented?
4. Should the Council approve the attached Findings of Fact, Conclusions of Law and
Order for Planning Action 2008-00182 (500 Strawberry Lane) and transmit the
Revised Findings to LUBA?
5. Should the Council approve a resolution titled, "A Resolution to Recognize the
Conveyance of Property and Amending Resolution 85-47"?
6. Should the Council authorize an Agreement with the Waters-Oldani Consulting
Group, Inc. for professional recruitment services at a bid price of $25,000?
COUNCIL I'v.lEEIINGS ARE BROADCAST L.IVE ON CHANNEL 9
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VIII. 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})
1. Does the Council wish to enter into a purchase agreement to acquire 10 acres on
Clay Street to be used for a public park and an affordable housing project in
partnership with the Housing Authority of Jackson County? [45 Minutes]
2. Should the Council approve an AFN wholesale and retain rate increase to offset an
increase in operating expenses? [15 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Will Council approve the attached resolution authorizing water revenue bonds up to
$5,975,000 and giving sixty days notice of the potential sale? [10 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Should the Council authorize the City Administrator to execute a 20 year Load
Following Power Contract with the Bonneville Power Administration? [20 Minutes]
xu. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve Second Reading of an ordinance titled, "An
Ordinance Amending Chapter 10.46, Prohibiting Camping, Revising Penalties,
Clarifying and Amending Timeframes and Procedures, and Other Requirements"? [5
Minutes]
2a. Should the Council conduct and approve the Second Reading of an ordinance titled,
"An Ordinance Amending the Ashland Land l:Jse Ordinance Annexation Chapter
(AMC 18.106.030) Concerning Affordable Housing Standards for Annexation"?
2b. Should the Council conduct and approve the Second Reading of an ordinance titled,
"An Ordinance Amending the Ashland Land Use Ordinance Type III Procedures
Chapter (AMC 18.108.060) Concerning General Standards for Affordable Housing in
Zone Changes"? [5 Minutes]
3. Should the Council conduct and approve First Reading of an ordinance titled, "An
Ordinance Amending Chapter 2, Administration, Adding Section 2.13, Transportation
Commission; Repealing Section 2.22 Bicycle and Pedestrian Commission and
Repealing Section 2.26 Traffic Safety Commission" and move the ordinance on to
Second Reading? [20 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS 'FROM COUNCIL
LIAISONS
None
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35. 102-35. 104 ADA Title I).
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ASHLAND CITY COUNCIL /vlEETlNG
October 2 f, 2008
PAGE 1 oI8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
October 21, 2008
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Navickas, Hartzell, Silbiger and Chapman were present. Councilors Hardesty and Jackson were
absent.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor noted the vacancies in the Public Arts Commission, Tree Commission and Citizen Budget Committee.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of October 6, 2008, Executive Session of October 7,2008, Regular Council
of October 7, 2008 and Continued Meeting of October 10, 2008 were approved as presented.
SPECIAL PRESENTATIONS & AWARDS None
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to confirm the Mayor's appointment of Shelley Lotz for a term to expire
April 30, 2009 to the Conservation Commission?
3. Does the Council accept the update report on Council Goals? Does the Council wish to modify the
timeline for the Council Goals?
4. Should the Council, acting as the Ashland Parks and Recreation Commission's Local Contract
Review Board, authorize the agreement with Copeland Construction for permanent installation of
the ice rink at a bid price of $112,437?
5. Does Council wish to adopt the proposed program to protect its customers from identity theft?
6. Does the Council wish to enter into an intergovernmental agreement (lGA) with the Oregon
Department of Transportation (ODOT) for the installation and maintenance of the Lloyd Haines
murals under the Lithia Way Bridge?
Councilor Hartzell requested that Consent Agenda items #3 and #6 be pulled for discussion.
Councilors Hartzell/Silbiger mls to approve Consent Agenda items #1, #2, #4 and #5. Voice Vote: all
AYES. Motion passed.
Agenda items #3 and #6 were moved to Other Business from Council Members.
PUBLIC HEARINGS
1. Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning Affordable
Housing Standards for Annexation, "and move the ordinance on to Second Reading?
and
Should the Council approve First Reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance Type ill Procedures Chapter (AMC 18.108.060) Concerning General
Standards for Affordable Housing in Zone Changes," and move the ordinance on to Second
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Reading?
Community Development Director Bill Molnar provided a brief history of the City's Annexation Ordinance.
City Senior Planner Brandon Goldman presented the staff report that included:
Percentage of Affordability:
· The draft ordinance establishes flexibility through an "equivalency value" for affordable housing units
depending on income level targeted
· Creates a weighted point system for affordable housing units
· Allows for a mix of housing types
· Allows for a variation of income levels
· Enables developers to provide both Workforce and Affordable housing opportunities
Land Dedication Option
· Proposed Ordinance maintains the existing provision that allows a developer to provide land to a
qualified affordable housing provider to satisfy the requirement
· Land area sufficient for at least 25% of the project's Base Density to be affordable housing
· Land ownership to be transferred prior to commencement of proj ect
· Land to be located within the project meeting the distribution requirements
· Land Deed Restricted as affordable for a 60-year minimum period
Construction Standards and Housing Types
· Bedroom mix and sizes - proportionate number of bedrooms
· Establishes minimum floor areas for affordable units
· Unit types proportionate to market rate units within development
· External design and materials visually similar with substantially the same materials
· Internal material comparable features and amenities
Affordable Housing Distribution
· 18.106.030.G5: That affordable housing units shall be distributed throughout the project
· Intention is to "scatter" affordable housing throughout the projects to reduce the potential for
stigmatization of 'low-income areas"
Construction Timing
· Timely provision of Affordable Housing
· Development build-out phasing
Exceptions
· Flexibility to entertain alternative development proposal
· Accomplish additional benefits for the City, consistent with the purposes of this chapter
· Exceptions may be approved by the City Council
· Potential Exceptions are provided in 18.1 06.030H to outline to applicants those areas of consideration
Mr. Goldman concluded that the Ashland Housing Commission and Planning Commission had reviewed the
proposed Ordinance and each recommended Council approval.
Staff did not conduct a development cost analysis of the difference between what was currently in place and
the proposed ordinance. The highest cost implication to the developer would be the construction standards and
housing type. If a developer were collaborating with an Affordable Housing Provider, they would look at
building the unit for the long-term and use a higher standard of improvements to reduce maintenance cost over
time.
Mr. Goldman researched other areas in the country with comparable provisions in terms of unit mix and
construction standards and those areas had developed rapidly over the past years.
The Housing Commission recommended allowing rental units at 60% or below the median income and striking
ASHLAND CITY COUNCiL MEETiNG
October 2/,2008
PAGE 3 oI8
the term "rental units" from the 800/0 median income to create opportunities for people to have ownership at the
80% level. The 800/0 median income was essentially renting at the same rate as current market rentals and they
wanted to create a greater benefit than the market was already providing to meet this requirement.
Public Hearing Open: 7:34 p.m.
Steve Hauck/453 Wightman St/Represented the Housing Commission and explained that the Housing
Commission had been working on the proposal for over two years. He emphasized the flexibility in the
proposal because it would give developers the chance to look at different mixes as well as ensure standards
were met and affordable housing units were not segregated into one section of a development. It was a
unanimous decision by the Housing and Planning Commissions to move forward with this proposal.
Public Hearing Closed: 7:36 p.m.
Councilor Navickas/Hartzell m/s to approve first reading of an ordinance amending the Ashland Land
Use Ordinance Chapter 18.106.030 concerning Affordable Housing Standards for Annexation, and
schedule second reading of the Ordinance for November 4,2008.
City Attorney Richard Appicello read the first ordinance title in full.
Roll Call Vote: Councilor Hartzell, Navickas and Silbiger, YES; Councilor Chapman, NO. Motion
passed 3-1.
City Attorney Richard Appicello read the second ordinance title in full.
Councilor Hartzell/Navickas m/s to approve first reading of an ordinance amending the Ashland Land
Use Ordinance Type III Procedures Chapter 18.108.60 concerning general standards for Affordable
Housing in Zone Changes, and schedule second reading of the Ordinance for November 4,2008.
Roll Call Vote: Councilor Navickas, Hartzell and Silbiger, YES; Councilor Chapman, NO. Motion
passed 3-1.
PUBLIC FORUM None
UNFINISHED BUSINESS None
ORDINANCES~ RESOLUTIONS AND CONTRACTS
1. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Relating to Taxicabs, Providing for Certification of Taxicab Companies and Drivers, and
Repealing Chapter 6.28"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor Chapman/Chapman m/s to approve Ordinance #2969.
Roll Call Vote: Councilor Silbiger, Chapman, Hartzell and Navickas, YES. Motion passed.
2. Should the Council conduct and approve the Second Reading of an ordinance titled, "An
Ordinance Relating to Tour Bus and Special Vehicle Permits"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor Silbiger/Chapman m/s to approve Ordinance #2970.
Roll Call Vote: Navickas, Chapman, Silbiger and Hartzell, YES. Motion passed.
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3. Should the Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Relating to Establishment of a Uniform Administrative Appeals Process"?
City Attorney Richard Appicello read the ordinance title in full.
Councilor Silbiger/Chapman m/s to approve Ordinance #2971.
Roll Call Vote: Silbiger, Navickas, Chapman and Hartzell, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Does the Council accept the update report on Council Goals? Does the Council wish to modify the
timeline for the Council Goals?
GIVENS
Implement Community Policing: Police Chief Terry Holderness explained that the standard form of
monitoring had been citizen surveys. Citizen polling was not very effective and at this time, there was not a lot
in the field on community policing. The downtown Contact Station will eventually produce statistics that will
determine whether it was effective.
Work regionally to resolve funding for library: City Administrator Martha Bennett explained that none of
the regional groups was planning on going out for a levy until the Ashland Local Levy option had expired.
The initial expectation was for a regional solution this fall but that will not occur for two more years.
GOALS
Increase Effectiveness in Conservation Programs: Council expressed concern that the goal had not
progressed. Councilor Chapman agreed to bring it to the Conversation Commission and report back to Council
~er. '
2. Does the Council wish to enter into an intergovernmental agreement (IGA) with the Oregon
Department of Transportation (ODOT) for the installation and maintenance of the Lloyd Haines
murals under the Lithia Way Bridge?
City Attorney Richard Appicello explained that in the event of not reaching an agreement with Mr. Haines, the
City would not install the improvement and would terminate the agreement with ODOT. Council expressed
discomfort at signing the ODOT agreement without knowing what was in the Haines agreement. The
agreement was essentially in perpetuity until the City requested the artwork to come down and at that point,
Mr. Haines would be responsible for removing it. The City would have that authority under the proposed
Public Art Ordinance, which will be reviewed by council in December 2008. It was clarified that the proposed
agreement with ODOT would be for twenty years.
Councilor Navickas opposed the artwork and disagreed with the steps taken to bring it forward. The vandalism
at the Skateboard Park was considered first-degree criminal mischief punishable with jail time and a $5,000
fine. He could not support an individual who ignored laws regarding public property, vandalized it and then
had the City support it.
Councilors Silbiger/Chapman m/s to approve Consent Agenda items #3 and #6. Roll Call Vote:
Councilor Hartzell, Chapman and Silbiger YES; Councilor Navickas, NO. Motion passed 3-1.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council consider amending Ashland Municipal Code 13.20 Local Improvement and Special
Assessments and Repealing Resolution 1999-09?
Public Works Director Mike Faught provided the staff report. City Administrator Martha Bennett explained
ASHLAND CiTY COUNCiL A4EETlNG
October 21, 2008
PAGE 50/8
the proposed resolution capped individual contributions for projects and increased the number of people who
have to sign a petition to initiate a Local Improvement District (LID) from 50% to 60% and the City would
continue to participate in LIDs' concerning storm water, pedestrian and bicycle safety.
City Attorney Richard Appicello explained the City could force an LID if the margin between approving and
opposing landowners was narrow. Ms. Bennett added that if there were objection, they would have to delay
the project for six months and once that expires, an LID could still form.
Mr. Faught explained that when the City builds a road, it is the City's responsibility to maintain it afterwards.
If the City were unable to maintain roads at the 15-year life cycle at $400,000 per mile, reconstruction costs
would increase to $2.5 million per mile.
Councilor Navickas agreed with raising the homeowner requirement to 60% but disagreed on the possibility of
ending the subsidy, the City had the discretion to deny an LID relative to the current financial status or the
amount of money going into road maintenance.
Councilor Silbiger commented that eliminating the subsidy altogether might result in having no LIDs at all.
The City was discordant with the cap and it made the subsidy too high. Whatever was determined should have
guidelines.
Councilor Chapman thought the 60% was accurate but could not reconcile the City maintaining the roads after
the LID. If the City paved a gravel road that was a through street, the rest of the community should somehow
contribute. He suggested establishing specific guidelines and rules on how the City would participate. If
Council decided to retain the partial subsidy, the City's part needed to be considerably less.
Councilor Hartzell agreed with raising the homeowner's amount to 600/0 and stated the need for criteria where
the City would or would not provide a public subsidy.
Ms. Bennett discussed with Council the possibility of raising the cap or eliminating it altogether and
establishing policies and categories regarding subsidizing. A cap by category was an option. The issue was
that the City should get involved when it had a public policy interest it was trying to further for the general
welfare but should be careful about guaranteeing a subsidy when it was a benefit occurring only to the
homeowners.
2. Should the Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Amending Chapter 10.46, Prohibiting Camping, Revising Penalties, Clarifying and Amending
Timeframes and Procedures, and Other Requirements," and move the ordinance on to Second
Reading?
City Attorney Richard Appicello provided the staff report and changes to the camping ordinance. The City
Administrator would have the ability under the proposed ordinance with the emergency declaration to relieve
the ordinance's prohibitions or a portion if an emergency existed such as shelter space was not available within
a reasonable distance in the Rogue Valley. The removal of jail time and the charter capping fines at $500
made the punishment less excessive.
Mr. Appicello sited the Los Angeles case and compared it to Ashland. At the time of the case in Los Angeles,
adequate shelter space was not available. There is available shelter and services within the Rogue Valley, the
police provide tokens for transportation to individuals looking for shelter as well as administer other vouchers.
Another available alternative might be allowing camping on forest service land off Tolman Creek road that
would require a permit for camping 14 days.
David Martin/179 Ohio/Explained that he has lived in Ashland since 1996 and described his observations
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October 21,2008
PAGE 6 of8
and personal experiences with the homeless becoming more aggressive over the past 12 years. He encouraged
Council to approve the revision to the camping ordinance.
Ralph Temple/I50 Myer CreeklExplained that only 160/0 of the cities in the USA ban camping and sleeping
citywide in public areas as this ordinance does, and only 28% ban it in certain places. He encouraged passing
the ACLU amendments suggested in the Decriminalizing Poverty handout concluding that it puts a burden on
the police, oppresses the homeless and has legal ramifications.
David Berger/575 AuburnlDisagreed that the proposed amendment eliminated cruel and unusual punishment.
The homeless could not afford a daily fine of $500 and community service hours could quickly escalate for
repeat offenders. He encouraged Council to thoroughly review the proposed amendment and come up with a
way to take care of the homeless.
Pam Vavra/457 C/Explained she was associated with Peace House and that the weekly meal program gave
them the opportunity to see the majority of the people subject to the camping ordinance. She sympathized with
Mr. Martin about being accosted in public by panhandlers noting it was a separate issue. She said the issue
was a person's ability to find a place to sleep in town and urged Council to consider that distinction closely.
Ralph Temple/I50 Myer Creek/Further explained that the problem with the approach to the Jones case was
that it was the Ninth Circuit and passes jurisdiction over Oregon. The ACLU brought the lawsuit against Los
Angeles and asked why the City of Ashland would want to invite the ACLU to sue the City and take it back to
the Ninth Circuit. He encouraged finding a solution and in the meantime passing the ACLU amendment that
suspends the application of the law against the homeless.
Continued Discussion on the Campin2 Ordinance
Police Chief Terry Holderness explained the number of citations written each year since 2003. For most
municipal code violations, people were warned prior to receiving a citation. Officers tended to post camps first
and took property only once. Most of the people were camping in out of the way wooded areas, in the park, the
railroad tracks and by the creek side. Less than half of the citations written were for camping in actual park
areas.
It was explained that the judge allows many diversions on violations where the offender pays a diversion fee
and promises to abide the law for a specific period.
City Administrator Martha Bennett summarized previous discussions with Council that included having a
study session to hear a presentation from the 10 Year Plan to End Homelessness, find out what services are
being offered and the future of trying to transition people from the street. Peace House and Churches that
provide services to the homeless would attend. TQ.e study session would determine gaps in services and help
define the City's role.
Chief Holderness clarified the Police department had recently acquired tokens from the local Churches who
provide them. Prior and current to the tokens, the Police department hands out vouchers for gasoline and other
services and provides transportation to the shelter in Medford but not on a regular basis.
City Attorney Richard Appicello read the ordinance title in full.
Councilor Chapman/Silbiger mls to approve first reading and place on agenda for second reading
November 4, 2008.
DISCUSSION: Councilor Chapman thought the focus of the City should be to help the involuntary poor
transition out of homelessness. The most efficient way to progress would be to support and provide
transportation to the wide range of regional services available in Medford. He supported the camping
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ordinance with the proposed changes.
Councilor Hartzell inquired about the use of the word infraction. Mr. Appicello explained eventually there
would be a global edit of the word "infraction" through out the code but use of the word was not a material
issue for the proposed ordinance. Staff would amend the word infraction in the proposed ordinance for the
second reading. There was a proposal to staff to go to 108.020 and specify levels of violation for each offense
in the code using the State classification system. The proposed ordinance specifies the authorization to utilize
community service in lieu of a fine.
Councilor Navickas thought the $500 fine did criminalize people for having to do something they could not
escape. Mr. Appicello responded that based on the facts the City did not have the same involuntariness. There
are homeless but there are available resources in the Rogue Valley that Los Angeles did not have at the time of
the ACLU case. Councilor Navickas commented that the values of the community needed to be taken into
account along with the fundamental principles the Ninth Circuit case was based on.
Councilor Navickas/Hartzell mls to amend the motion to include the section 10.46.030 and should be
amended to eliminate the present Subsections A. and B. and to provide that camping, sleeping shall be
prohibited within ten feet of any operational or usable entrance, exit, driveway or loading dock, as
measured by the provisions of Section 3 of the Jones case Settlement Agreement.
DISCUSSION: Councilor Navickas clarified the intention was not to include private property in the motion.
Councilor Hartzell withdrew her second. Motion to amend fails for lack of a second.
FURTHER DISCUSSION ON ORIGINAL MOTION
Councilor Hartzell commented that effective policy looks at the problem and creates a better solution. In
passing the ordinance, Council was identifying the problem was not the issue of homelessness but that the
language was not strong enough.
Councilor Navickas explained the City needed to develop a policy that looks at the homeless problem and not
criminalize it which policy currently was doing. He was willing to make the changes but wanted to make the
amendments suggested by the ACLU, and asked to make another motion for a long-term strategy and make a
responsible choice to deal with the problem rather than criminalize it.
Roll Call Vote: Councilors Navickas, Silbiger, Hartzell and Chapman: YES. Motion passes.
Mr. Appicello referred to an earlier conversation with Community Development Director Bill Molnar that
Council could approve a camping area under the Temporary Use Provision and might want to explore that as a
possibility. Mr. Molnar would have to amend the Land Development Code Districts to see where to authorize
those kinds of uses.
Councilor Navickas motion to direct staff to commit 200/0 of the housing specialist time towards
addressing the issues of homelessness in our community. Motion fails for lack of a second.
Councilor Navickas motion to direct staff to come back with a proposal in relation to committing
housing specialist time towards addressing homeless issues. Motion fails for lack of a second.
Council Hartzell/Silbiger mls to have staff schedule a study session for the Council within the next three
months on the issue of camping and homelessness. V oice Vote: all AYES. Motion passes.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FORM COUNCIL LIAISONS
Mayor Morrison attended a meeting with a delegation from Siskiyou County regarding the railroad. The rail
ASHLAND CITY COUNCIL MEETING
October 2/, 2008
PAGE 8 of8
line was shut down to the south and using the highway made transportation more expensive. There was a
discussion on opening up the railroad to public ownership as opposed to private. The rail line was currently
under utilized and there was concern about losing the right of way. Retaining the railroad would result in huge
savings for taxpayers.
ADJOURNMENT
Meeting was adjourned at 10:08 p.m.
Diane Ship let, Executive Secretary
John W. Morrison, Mayor
CITY COUNCIL STUDY SESSION
October 20, 2008
Page 1 of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, October 20, 2008
Council Chambers, 1175 East Main Street
Mayor Morrison called the meeting to order at 6:00 p.m.
Councilors Navickas, Hartzell, Jackson, Silbiger and Chapman were present. Councilor Hardesty was absent.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Review of regular meeting agenda for October 21, 2008
There were no questions regarding the October 21, 2008 Agenda.
3. Does Council have questions regarding pending financing of capital projects?
Administrative Services Director Lee Tuneberg provided the staff report on the Capital Improvement Program
(CIP) for financing the Water and Wastewater funds. Mr. Tuneberg explained the City was looking at $7
million with under $5 million slated for the water fund and approximately $2.5 million for the wastewater
fund.
Bond issue costs range from $50,000 to $150,000 per issue and produce savings when projects are bundled
together. The City purchases 20-year bonds. The reimbursement provision allows the City to start projects and
reimburse them for the cost. Within the $7 million, there is approximately $1.1 million reimbursement for
projects in process or almost complete.
Mr. Tuneberg made a clarification regarding the 2003 Water Revenue Bonds. They were actually $3 million
per project with $2.7 million for refunding when Finance realized the conditions in the market were lower than
when the original bonds were issued so they refunded $2.7 million in bonds and saved the City several hundred
thousand dollars.
Associate Engineer Peter Smeenk explained that the Ashland Creek bridge installation would replace an
Arizona Crossing at the west fork above the upper reservoir and would reduce erosion.
Mr. Tuneberg responded to a rate inquiry that revenue bonds were in the 6% range. The 1 %-2% per year
calculation was based on an even need over the life of the CIP. There was a rate adjustment this year of 1 % in
anticipation of having debt service to pay. The City was building fixed assets that had a life of20-30 years and
it would be difficult to set aside money in a reserve fund and not do debt issuance. It made sense to have users
pay the debt service while receiving the benefit instead of pre-paying for something that would not be used for
20-30 years.
Mr. Smeenk provided a briefhistory on the temporary water rights the City currently pays for. When the City
of Talent gave up their water rights, 600-acre feet became available as a temporary water right. Part of the
money designated on the CIP table would go to the temporary water right and the other part to purchasing the
water right when it becomes available after the Bureau of Reclamations completes their biological assessment
next year.
Mr. Tuneberg noted that the CIP section of the budget document contained narratives on the projects.
CITY COUNCIL STUDY SESSION
October 20, 2008
Page 2 of3
4. Will Council adopt an ordinance forming a Transportation Commission and dissolving the Traffic
Safety Commission and the Bicycle and Pedestrian Commission?
Mayor Morrison explained that the Traffic Safety Commission (TSC) and the Bike and Pedestrian Commission
proposed forming a Transportation Committee that would incorporate the responsibilities and the roles of each
group from advocacy to safety with the intention of creating a more efficient use of resources and a superior
outcome.
Public Works Director Mike Faught and Engineering Services Manager Jim Olson presented the staff report
and overview that included information on Background, Draft Traffic Commission Ordinance and General
Powers and Duties.
Powers and Duties
Mr. Olson explained that parking was included in the ordinance because 75%-800/0 of the TSC day-to-day
business was addressing a variety of parking issues. Council suggested moving Parking to another section or
using Public Venue as a category instead. Mr. Olson noted that the action the TSC took often resulted in
traffic regulations. Mr. Faught added that Public Transportation was included in the ordinance.
City Administrator Martha Bennett summarized that the TSC is the, first place citizens would approach to
resolve issues. The ordinance needed to point to parking and staff would work on that as well as how the
Commission would reach out to the rest of the region. Staff would add under 2.13.010 Established -
Generally, C-4. Advocacy, wording that advocates and promotes all modes of transportation to make multi
modal realty and add language that included the community and other regional entities as a power or duty.
Council discussed having a brochure or website to help citizens navigate and speed up the process for type one
actions. Mr. Faught and Mr. Olson will put together a brochure for Council's review.
Draft Traffic Commission Ordinance
. 2.13.020 Established - Membership
A. Voting Members: The Mayor commented the language should indicate the chair is elected from among
those at large members. It was decided to add a period in the second sentence under A. Voting Members after
".. .all modes of transportation..." and strike"... bicycle, pedestrian and transit." Then change the first
sentence under 2.13.010 Establish - Generally, A. Role to "The Transportation Commission advises the
City Council on transportation related issues specifically as they relate to safety, planning, funding and
advocacy for bicycle, pedestrian transit and all other modes of transportation."
B. Non-voting Ex Officio Membership: City Attorney Richard Appicello explained that using non-voting ex
officio signifies individuals that are not full members and clearly defines their roles. It was suggested to re-
word the last sentence regarding student members.
. 2.13.030 Term and Vacancies
C. Vacancy: Staff will research other Commissions to determine the number of absences that constitutes a
member no longer being active. They will also add "...without notification to the board..." to the second
sentence after "...who is absent from four or more meetings after a 12 month period..."
. 2.13.050 Traffic Hearings Sub-Committee
A. Purpose: Council and staff discussed whether there was a need for a sub-committee, decided to leave the
sub-committee as is and adjusted the term limits to 6 months allowing for two consecutive terms.
Colin Swales/Chair of TSC/Commented that the sub-committee provided a venue for the public to voice their
concerns. Having nine people discuss routine matters was too much and the emphasis should be the whole
CITY COUNCIL STUDY SESSION
October 20, 2008
Page 3 of3
body determining policy-making issues. The sub committee would be ideal for three people to listen to public
concerns and if necessary make suggestions other than staff. Regarding the importance of transportation
planning one should look at how the commission would playa party in the quasi-judicial process on a par with
the Historic and Tree Commissions.
Steve Ryan/Bike and Pedestrian Commission Member and liaison to the TSC/Noted that the TSC had
more power to make decisions and that the Bike and Ped Commission often went to the TSC to help intercede
and add power to what they are advocating. The Transportation Commission would integrate the Bike and
Pedestrian Commission closer to traffic safety and transportation issues. The new commission would upgrade
Bicycle and Pedestrian Commissions access to the decision-making power and advocacy.
Pam Turner/Ashland Municipal Judge/Requested that the Ashland Judge be reinstated as an ex-officio non-
voting member. Ms. Bennett explained there were concerns if the Judge participated in a decision that turned
into a regulation and then had a violation of that regulation in court, it could be a perceived conflict. Judge
Turner explained if someone raised an issue she would recuse herself and have a pro-tern judge intervene but
thought there was a remote possibility of that circumstance occurring.
Larry Blake/TSC Commissioner/Agreed with Mr. Swales and that there were a number of routine things
where the Commission would vote with staff recommendations but the value was allowing for public input.
Council further discussed whether to reinstate Judge Turner as an ex-officio non-voting member and decided
against reinstating explaining it was a separation of power issue.
Site Plan Review
Council discussed having the sub-committee or commission review site plans. Mr. Appicello explained that it
was very difficult to put an advocacy group into a quasi-judicial realm where they would have to disregard
personal opinions and make decisions based on facts by the law. When he talked to staff, they determined not
to request site plan reviews with this commission.
It was suggested that the sub-committee review pre-applications instead. Mr. Olson explained that on
occasion, the TSC looked at site plans but it depended on the complexity of the plan, and the TSC was cautious
not to delve into land use issues. They did review the traffic impact on the adjacent intersection for Verde
Village. Concern was raised at having the Transportation Commission review site plans and that the
Transportation Commission should serve in an advisory role only. Suggestion was made to allow a quasi-
judicial review of Type 3 land use decisions that would limit it to larger scale annexations and large master
plan zone changes.
Mr. Appicello clarified that Type 3 review was reserved for Council and instead of a quasi-judicial review as
suggested; it could be a recommendation to Council. He concluded that prior to establishing this process, the
suggestion required discussion with staff.
Meeting was adjourned at 8:29 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND AIRPORT COMMISSION
September 2, 2008
MINUTES
MEMBERS PRESENT: LINCOLN ZEVE, DAVID WOLSKE, ALAN DEBOER, BRITTANY WISE, BOB
SKINNER, GOA LOBAUGH, RICHARD HENDRICKSON, RUSS SILBIGER
STAFF: SCOTT FLEURY
MEMBERS ABSENT: TREGG SCOTT, BILL SKILLMAN
Visitors: John Phelps, Robert Davis, Kirby Mills
1. CALL TO ORDER: 9:30 AM
2. APPROVAL OF MINUTES: August 5, 2008, Motion by DeBoer for approval, second by
Wise, unanimous vote, minutes approved as written.
3. Public Forum: No public comments.
4. OLD BUSINESS:
A. Faught and Fleury discuss options for Rental Rate approval with the Commission.
Option 1: to have all the rates automatically adjusted by the CPI each year and
rounded up to the nearest dollar. Option 2: Have the Lease Rates adjusted by CPI
and the Rental Rates plus tie down rates voted on and changed by The Commission
each year. Commission likes option 2 the best and would like to have the new rates
established each spring in time for them to be attached to the yearly rate hikes that
the City Council approves as part of staff recommendations. Lobaugh would like to
see market rates for other airports in our region that have similar facilities each year
at the time of rate changes in order to make a well informed decision. Airports most
likely to be used as comparisons are Sun River, Bend, Grants Pass and Medford.
B. DC-3 Hangar Construction: John Phelps (owner) and Robert Davis (contractor)
attended meeting to discuss hangar construction for Phelps DC-3 Aircraft.
Commission gives general breakdown on steps required to build a hangar. Phelps
has idea for classic style hangar to fight with the DC-3 and the Commission has no
problems with something visually different from existing hangars on site. As explained
to start the process Phelps needs to send letter to Public Works along with $2000.00
deposit for hangar space reservation and then follow standard planning application
requirements. .
5. NEW BUSINESS:
A. Lease Development Lindner: Fleury informs commission that leases are complete.
Letter is also complete and has been reviewed by all parties including planning.
Fleury mailed complete package to Lindner and is awaiting deposit check for
hangar space.
B. Potomac SuperAwos: Skinner has had no further contact with Potomac since last
discussion regarding FAA approval of the SuperAwos system. Skinner has also not
installed the Net-Link package on SuperAwos and will not do so until we receive the
FAA's blessing on the installation and use. Skinner to follow through with email to
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Potomac regarding status and CC rest of Commission.
C. Hangar Door Installation: Skinner informs Commission that he has not had time to
obtain new bids for engineering and installation of the donated hangar doors.
Skinner to pursue new bids for hangar door engineering and installation.
6. AIRPORT MANAGER REPORT /FBO REPORT/AIRPORT ASSOCIATION:
A. Status of AirDort, Financial ReDort, Review of Safety ReDorts
B. Maintenance Updates - Commission reviewed hangar numbering map and
would like to see all grouped hangars numbered sequential and start over for
new group. Ex: Number 395 (address) has 11 hangars numbered 1-11, next
building 431 (address) has 10 hangars numbered 1-10 not 12-21. Fleury to discuss
with Peters from maintenance and Light from GIS
7. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
8. NEXT MEETING DATE: October 7, 2008, 9:30 AM
ADJOURN: Meeting adjourned at 10:49 AM
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Bicycle & Pedestrian Commission
September 18th, 2008 Regular Minutes
Roll Call:
Chair David Young, Secretary Jim Olney, Steve Ryan,
Tom Burnham, Julia Sommer (absent)
Council Liaison:
Kate Jackson (absent)
Staff:
Steve McLennan, Police Officer
Derek Severson, Associate Planner
RVTD liaisons:
Nathan Broom, RVTD TDM Planner
High school liaison: Vacant
SOU liaison:
Eve Woods
Call to Order
Chair Young called the meeting to order at 5:15 p.m.
Approval of Minutes - AUQust 21st, 2008
There was discussion of whether the minutes should convey the general tone of the discussion or
provide more specific detail of the discussion.
The minutes were approved by unanimous consent as presented.
Public Forum
Elise Thiel/Wingspread Mobile Home Park, 321 Clay Street #19 came to discuss the bikepath
on lower Clay Street. She noted that the road has no sidewalks, and a curve with a blind spot.
She explained that Wingspread tenants have accessed the Central Ashland Bikepath (CAB) via a
hole in their fencing, and a large number of people used this access. Wingspread management
has recently blocked the hole in the fence and it was cut again. She emphasized that finding
other access is difficult, but that Wingspread management is concerned with liability and is
unwilling to continue to allow access from the park. She noted that she did not like sending her
children to school over Ashland Street to access the Central Ashland Bikepath (CAB). She
questioned whether other access might be obtained off of Creek Drive, Normal Avenue, or
elsewhere along the tracks. Young indicated that this should be a discussion item next month
and that maps should be provided for the Commission as they consider this discussion.
Art Bullock/791 Glendower Street noted that there is a need for the Bicycle & Pedestrian
Commission to review and comment on land use applications. It was noted that a
recommendation to Council on formation of a Transportation Commission included adding
review of land use pre-applications as a duty. Bullock thanked the Rogue Valley Transportation
District (RVTD) for providing free bus service on Car Free Day, and for their efforts in Try
2008-0918 Bike & Ped minutes
Page 1 014
Transit Week. He requested that R VTD also consider scheduling future events on Front Street in
Medford outside of the rush hour.
Subcommittee & Liaison Reports
Broom presented "Try Transit" posters and explained this promotion. He noted that the
interactive bus tour lasts 15 minutes, and added that the bus has to be in Talent by 11 :00.
Broom informed the Commission that R VTD has seen an 11.7 percent increase in their ridership
over last year. In response to Commissioners' inquiries from last month, he pointed out that only
two of the buses will accommodate a bike rack which accepts three bicycles and that they do not
currently track the number of bicycles turned away due to full racks. He indicated that he will be
looking into ways to better accommodate increase cyclist demand for buses in the fall. He
concluded that he has created a "Rogue Utility Bike" group on Google Lists for local bicycle
commuters to discuss their issues.
Woods discussed her tabling efforts in conjunction with Car Free Day and SOU's orientation,
and noted that she is at work to form a Safety Club on campus. She noted that she may be
tabling after school starts, into November, and at Safety Week in January. She also indicated
that she wants to raise at least $1,000 to purchase keychain flashlights, note pads and pens.
Smith noted that RVTD could identify a supplier for quality keychain lights at a cost of$0.68 per
unit.
Car Free Dav Update/Commute ChallenaelTrv Transit Week
Ryan provided an update on the number of participants, and noted that volunteers were needed at
3:00 p.m. on Car Free Day. Woods noted that she would pick up helmets from Parks and bring
them to the event. Members were asked to hand out 'l4 sheets, invite friends and be at the event.
Reauest for Yield Sian on CAB (at 8th and A Streets/Sarah Breckenridae)
Severson noted that this item was on the agenda at Sommer's request, and that Sarah
Breckenridge was to have been here to discuss the item in Sommer's absence. Members
indicated that they were familiar with the problem from e-mails and personal experience. It was
noted that the request was to install some sort of yield sign directed to bikes entering the Central
Ashland Bikepath (CAB) near 8th and A Streets. It was noted that there is a problematic bollard
in this .Iocation, and that vegetation has at times limited visibility. Sommer had noted two
bicycle crashes here.
Olney/Ryan mls to request some form of bicycle traffic control sign directing cyclists
entering at 8th and A Street to slow or yield be installed along the Central Ashland
Bikepath (CAB). Voice vote: All AYES. Motion passed.
Call for Tablers - Car Free Dav & SOU Orientation (Eve Woods)
It was noted that tablers were needed for the Commission table at Car Free Day, and that Woods
would welcome tabling assistance at SOU orientation on the 24th and 26th. Burnham indicated
that he was available to table at Car Free Day. Severson advised that as a city-sponsored event
it was not appropriate under state law to have political action committees tabling at the event.
2008-0918 Bike & Ped minutes
Page 2 of4
Budaet Request - Share Cost of Siskiyou Safety Promotional Materials
Severson briefly explained that 500 Pens had been ordered for distribution to students to promote
crossing safety on Siskiyou. He explained that the cost was $350, and noted that the request was
that this commission provide $100, with Traffic Safety to cover the remainder.
Burnham/Olney m/s to commit $100 in program funds to the purchase of pens for
distribution to students to promote pedestrian safety on Siskiyou Boulevard. V oice vote:
All AYES. Motion passed.
LAB/Bicycle Friendly Community Recommendations
Discussion of this item was postponed.
Request from Staff to Join APBP (Per LAB Recommendations)
Severson explained that one of the League of American Bicyclists' recommendations to improve
the city's Bicycle Friendly Community ranking was that the staff liaison become a member of
the Association of Pedestrian and Bicycle Professionals (APBP), a professional organization that
provides information and training directly relating to the goals of the Commission. He clarified
that the cost was $95 per year, and requested that this membership be paid from Commission
funds.
Burnham/Olney m/s to commit $100 in commission funds to paying for APBP membership
for staff. Voice vote: All AYES. Motion passed.
Issues with the Increase in Bicycle Commutina (Matt Warshawsky)
Severson noted that item had been requested for inclusion on the agenda by Traffic Safety
Commission chair Matt Warshawsky, who had noticed not only an increase in bicycle
commuting with rising gas prices but also an increase in cyclists who seem unaware of the rules
of the road. He had requested that the Commission consider ways in which it might address this,
such as through commuter training classes, or through advocating for more bicycle parking.
Members noted that there was a need for accurate counts to gauge the increase in cycling. There
was discussion of the demand for classes, and of their effectiveness versus print materials.
Olney suggested that the Commission consider producing an RVTV video. Ryan indicated that
classes would only reach a certain group of people, and Burnham indicated that he felt that the
physical improvement of facilities should be the focus and number one priority.
Young suggested that Ashland has the core infrastructure in place to accommodate anyone who
wants to commute by bicycle, and recognized that encouraging safe use of this infrastructure was
important. Woods noted that there is a training program happening already on the SOU campus,
and that it is being taught in cooperation with the Ashland Police Department. She added the
CRC provides a number of resources for commuter students.
RyanlBurnham m/s to commit to developing and implementing a class for bicycle
commuters, and to video tape the class for RVTV broadcast. Discussion: It was noted that
2008-0918 Bike & Ped minutes
Page 3 of4
the intent would be to offer this class during the current fiscal year, and that a
subcommittee would be necessary to move the item ahead. Woods and Young indicated an
interest in serving on the subcommittee, with Olney and Ryan indicating an interest subject
to their schedules. Young noted that the United Bicycle Institute might be willing to
partner with the Commission in offering a class, as they have been considering doing this
recently. Woods noted that for students, January and April would be the best times to
offer a class. Voice vote: All AYES. Motion passed.
On-Goina Discussion of Commission Goals
Burnham noted that he hoped to meet with Jenna Stanke from the County and provided her with
his mapping work in the coming weeks. He indicated that his hope was both to fill in details on
the city map and to integrate it into a county-wide version printed to national standards. He
noted that completing this project will likely ultimately include a funding request.
New Business
Woods noted that she was interested in attending an upcoming Traffic Safety conference
mentioned in last month's packet, at a cost of $95-$125, and she requested that the Commission
consider funding her attendance out of commission funds. After discussion, members indicated
that they didn't feel they could support the request at this late date, but indicated that they would
consider a similar request next year.
Severson gave brief background of a follow up discussion occurring with regard to last month's
bollard recommendation. He explained that both the Public Works Director and City Engineer
had expressed concern with removal of the bollards. He added that in follow up research, it
appeared that bollards were installed shortly after the construction of the CAB. The bikepath
originally used signage to discourage motor vehicles, but these signs were too often disregarded,
resulting a number of near misses including several where children were nearly hit by cars using
the path near the SOU student family housing in the vicinity of Wightman Street. These
incidents lead to a number of citizens requesting bollard installation before this commission and
Traffic Safety. Both the Public Works Director and Engineer have indicated that the removal of
the bollards would be create safety and liability issues.
Young noted that if they felt that some form of barriers were needed, he thought that addressing
adequate lighting and speeds needed to be considered as well. He noted that in his view, a
strategically placed gate which forced cyclists to slow to go around it would be preferable.
Olney suggested that it was imperative that cyclists pay attention.
There was general consensus that commissioners were supportive of further study on the issue if
Public Works staff feel strongly that barriers in some form are needed, but it was emphasized
that the issue be kept alive.
Adiournment
The meeting was adjourned at 7:06 p.m.
2008-0918 Bike & Ped minutes
Page 4 of4
CITY OF
ASHLAND
Council Communication
Ratification of Labor Contract with the Laborers' Union Local No. 121
Meeting Date: November 4, 2008 Primary Staff Contact: Tina Gray
Department: AdministrationlHR E-Mail: tina@ashland.or.us
Secondary Dept.: Administrative Secondary Contact: Lee Tuneberg
Approval: Martha Benne Estimated Time: Consent
Question:
Does the Council wish to ratify the new Labor Agreement between the City of Ashland and the
Laborers Local No. 121?
Staff Recommendation:
Staff recommends that the Council authorize the City Administrator and Mayor to signthe labor
contract, ratifying the tentative agreements reached in negotiations.
Background:
The current labor contract with the Laborers' union expired on June 30, 2008. The City began
bargaining with representatives of the Laborers' uni~n in May 2008. Over the course of several
months and two sessions with a state mediator, we were able to reach a tentative 3-year agreement.
The agreement calls for:
· 3.5% salary increase each July for the 3-year contract period, with the current year increase
retroactive to July 1,2008.
· Elimination of a $22/month payment which at one time off-set the employee's insurance deductible
in favor of a $30 contribution to employee's Deferred Compensation Account. (Similar to existing
programs with other bargaining units.)
· Change to Preferred Provider Option (PPO) medical plan with a $200 deductible on 1/1/09, which
will result in a reduction in City benefit costs.
. Establishment of an Health Reimbursement Arrangement/V oluntary Employees' Beneficiary
Association (HRA VEBA) program for each employee in the bargaining unit, with 1 % of salary
being contributed tax-free to help employees offset increased costs due to medical plan change
1/1/09.
. Minor language changes to reflect current business practices.
Related City Policies:
None.
Council Options:
Approve the proposed changes to the Labor Agreement as presented.
Delay approval of the Labor Agreement and provide staff new direction.
Page 1 of2
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CITY OF
ASHLAND
Potential Motions:
Move approval of the labor agreement between the City of Ashland and the Laborers and authorize the
City Administrator and Mayor to sign the labor contracts, ratifying the tentative agreements reached in
negotiations
Attachments:
A summary showing changes to be incorporated into the final Labor Agreement upon approval by the
City Council. (Staff is still working with representatives of the Laborers' Union on the final contract
document which will be completed by the date of ratification by the City Council.)
Page 2 of2
r&,
Tentative Agreements to Incorporate into Final
Laborers' Union Contract
Contract length 3 years
Cost of livina:
Year 1
3.50/0 COLA [RETRO to July 1, 2008], olus 1 % of salary contributed to a Health
Reimbursement ArrangemenWoluntary Employees' Beneficiary Association (HRA-VEBA).
Change to Blue Cross Blue Shield Plan V-B PPO with $200 insurance deductible effective
January 1, 2009, to coincide with calendar year deductible. HRA-VEBA contributions to start
on January 1, 2009 at the same time as the insurance change.
Year 2
3.50/0 Fixed COLA o/us ongoing 1 % of salary contributed to HRA-VEBA
Year 3
3.50/0 Fixed COLA D/US ongoing 10/0 of salary contributed to HRA-VEBA
Other Contract Chanaes:
$30/month to deferred Comp in lieu of $22 that is currently added to salary as a grandfathered provision that
was intended to offset the health insurance deductible.
Duty Pay - Increases standby pay by 1 % and .50/0 when a holiday occurs during the period of standby or
duty pay.
Vacation - Change vacation accrual system to one bank to match other employee groups. No longer
requiring employee's to use all of their annual vacation within the year.
Sick Leave - Allow sick leave cash out incentive similar to other bargaining groups.
Boot allowance - Reimbursement of $100 every other year for a maximum of $200 for the 3-year contract
period to purchase or repair protective footwear.
Overtime Meal- City will provide meal per diem for one meal after 1 and % hours OfT. Allows employees
called out to work early or held over on the job the opportunity to buy a meal when they would not otherwise
have time to prepare a meal to bring with them.
Increase Pesticides Certification pay from $ .25/hour to $ .35/hour to reflect difficulty of acquiring and
retaining certification.
Clarifying language on multiple certification incentives capping incentive pay at $ .50 for any combination of
certifications held by an employee of the bargaining unit.
Add two additional certifications to the list of certifications available for incentive pay based on job
requirements:
Erosion. control
Pre-need sales person
OFLAlFMLA - Update the contract language to allow employees to use sick leave for family illness
consistent with state and federal Family & Medical Leave laws.
CITY OF
ASHLAND
Council Communication
Fiscal Year 2008-09 First Quarter Financial Report: July - September 2008
Meeting Date: November 4, 2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: Consent
Question:
Should Council accept the quarterly report as presented?
Staff Recommendation:
Staff recommends Council accept the quarterly report as presented
Background:
The Administrative Services Department normally submits reports to Council on a quarterly basis to
provide assurance of budget compliance and for informational and comparative purposes throughout
the year. Information can be provided in differing formats and timetables at Council's request.
With only three months to report on, it is difficult to evaluate our current financial position, or to draw
conclusions about how revenues or expenditures compare to the adopted annual budget because there
are many on-time payments, capital projects, and department activities that happen in the summer. In
several departments, the first quarter represents a higher-than-average amount of expenditures. Staff
cannot adjust these reports for all such deviations.
The reports are intended to present information in formats consistent with the department, fund and
business activity presentations included in the adopted FY 2008-09 budget document and the manner
in which it will be shown in the end of year report.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in
the Administrative Service Department office should you require any additional information.
Overview
Cash continues to be lower than prior years for several reasons. No financing has been done for capital
projects in the Water and Wastewater funds over the last twelve months. Staffwill be proposing a
bond issue at a November 2008 meeting. Increased costs and lower sales in water and power due to
mild weather patterns has resulted in less sales, contributing to reduced cash levels. Other revenue
streams like those relating to tourism'and the economy have also lagged but it is too early to predict the
impact for this fiscal year.
Total Ending Fund Balance at the end of this quarter is $17 million, about $4.7 million less than
budgeted and directly attributable to reduced cash balances awaiting capital project financing and
distribution of property tax revenue in November.
Page 1 of6
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CITY OF
ASHLAND
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
This report is on the Consent Agenda and can be approved with other items. If removed from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to accept the financial report as presented.
B. Council moves to accept the report as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for the period ended September 30, 2008. This report
includes:
1. Financial Narrative
2. Summary of Cash and Investments as of September 30 for the last two years
3. Combined Statement of Financial Position City Wide
4. Schedule of Revenues by Fund
5. Schedule of Budgetary Compliance per Resolution #2008-13
6. Schedule of Expenditures by Fund
The numbers presented are unaudited and unadjusted.
Page 2 of6
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CITY OF
ASHLAND
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's
cash position across funds and investment types. The city-wide cash balance has decreased
$3,285,891 between fiscal years at the end of September. This reduction is similar to the one
reported one year ago. Each fund varies for its own reasons. In general, cash balances drop
in the first part of the year as construction work and significant debt service payments are
made. The reduction in the total cash balance over the year is primarily due increased
operational costs, reduced utility sales and capital construction expenditures.
Please note that those funds (the General Fund, Debt Service Fund and Parks & Recreation
Fund) that have a relatively large property tax revenue element will see a significant change
in the six month report because of November receipts.
The distribution of cash and investment balances shows decreases in both the amount held
in the Local Government Investment Pool and other investments totaling $3.8 million less,
offset by more money ($510,000) in general bank accounts to equal the overall reduction of
cash. Some of this will change in the second quarter of the fiscal year as property tax
revenue is received and disbursed by the County but the trend is, and has been, to have less
cash on hand and readily available for use (liquidity).
The Combined Statement of Financial Position is similar to presentations presented in the
annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time. Unappropriated Ending Fund Balance (EFB) is $17
million. This is significantly (220/0) less than what has been budgeted for the end of this fiscal
year and the amount held last year at this time. EFB budgeted is predicated upon certain
levels of revenue yet to be received (like property taxes) and proceeds from financing such
as bond proceeds. The other side of the equation is budgeted expenditures which, if less
than adopted, will raise the ending balance.
Revenues and Budaetarv Resources at September 30,2008, total $12,659,452 as compared
to total year-to-date requirements of $15,666,233 which results in a $3 million decrease to
Unappropriated Ending Fund Balance. This reduction directly relates to the timing of receipts
and expenses. It is still early in the year and there will be changes in revenues and expenses
that will alter this comparison and bring these numbers closer to budget.
Total Revenues on a city-wide basis are slightly above ($200,000) but consistent with the
prior year. General tax receipts, Licenses and Permits, Charges for Services and
Miscellaneous revenues are up but other categories, like Interest on Investments, are down.
No external financing has been done and only 14.60/0 of internal transfers were completed in
the first quarter. The $83,576 Budgetary Transfer In represents the amount paid between
funds for general debt service.
Page 3 of6
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CITY OF
ASHLAND
Total Reauirements are at 21.30/0 of the annual budget for this "first quarter" of the year with
most categories under the 250/0 mark. Materials and Services are at 25.80/0 of budget
reflecting annual expenditures like insurance premiums being paid in the first quarter,
advancing the percentage rate as compared to budget. Total Operating Expenditures are at
21.30/0, despite some annual costs and debt service being paid in the first quarter. This
would indicate that some activities and related expenses have not occurred. Similarly,
Capital Outlay is only 7.40/0 of the annual budget and less than half the amount expended in
the prior year.
Budaetarv Reauirements activity includes the $83,576 Transfer Out mentioned above.
Contingency is $1,764,665 or $3,335 less than originally budgeted due to a transfer in the
General Fund to cover the grant, matching requirement for firefighter protective clothing. A
supplemental budget was done to recognize the receipt and use of forfeited monies for
qualifying Police Department expenditures.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. It is too early in the year to make predictions since many funds include financing or
seasonal revenue streams that have not occurred as of the date of this report. More telling
information is found later in this report in the individual fund statements narratives.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget
basis by fund consistent with the resolution adopting appropriation levels in the budget
compliance section of the document. Unless indicated otherwise, all appropriations are as
adopted. The only revisions to date are the adjustments to the General Fund, Police
Department for use of forfeited monies and the Fire Department recognizing a grant and
transferring matching monies for protective equipment.
An overview by fund is as follows:
General Fund - Total revenues are 15.00/0 and expenditures are 22.80/0 with $478,665 in
Contingency unused. Licenses and Permits are 39.50/0 of budget year to date, Charges for
Service are 25.00/0 and taxes are 12.40/0 of budget, respectively. The budget includes
$1 ,OOO,OQO in revenue for the sale of Strawberry properties and a similar amount to be spent
on the affordable housing program. First quarter expenditures exceed revenue by $1.4
million. Fund balance carry forward was 31 % ($550,000) higher than budgeted.
CDBG Fund - Expenditures have primarily been for staff work with no revenue to date.
Street Fund - A positive cash flow year-to-date has been recorded with $781,857 in charges,
interest and intergovernmental revenue and $662,494 in operational expenses. First quarter
revenue exceeds expenditures by $119,000. Fund balance carry forward was 260/0
($455,000) higher than budgeted.
Airoort Fund - A negative cash flow of $6,823 been recorded due to debt service and
operating costs exceeding the first quarter lease payments. Fund balance carry forward was
$81,000 higher than budgeted due to capital work reimbursements received late in the year.
Page 4 of6
r~.,
CITY OF
ASHLAND
Caoitallmorovements Fund - Charges for service are at 26.70/0 of the annual estimate and
over $314,000 with total revenue at $344,513. Operational expenditures and capital outlay
total $403,680 resulting in a $59,167 reduction in EFB. The EFB carry forward was 21 % less
than projected since late in the year capital expenditures surpassed projections.
Debt Service Fund - Charges for service, taxes, transfers and interest total $638,454
(including Telecommunications Fund's $356,000) with Debt service payments (40.50/0 of
budget) totaling $912,966 for a decrease in EFB of $275,000 year to date.. The Ending Fund
Balance carry forward from 2008 was 980/0 of budget.
Water Fund - Revenue year to date exceeds expenses by $196,000 because project activity
has reduced. However, EFB carry forward is $2.5 million less than budgeted since no capital
financing was done late last fiscal year. Financing will have to occur this year or capital
improvements will have to be delayed awaiting sufficient resources to meet fund needs.
Approximately $200,000 has been expended from this fund for Mt Ashland Association legal
and related costs.
Wastewater Fund - Revenue and expenses year to date are about equal. EFB carry forward
from 2008 was $262,000 more than budgeted. Other Financing proceeds of $3,000,000 for
capital improvements is budgeted this year. Charges for services are at 260/0 of budget for
the first quarter. No debt service has been paid on the treatment plant debt. Approximately
$100,000 to $200,000 of the $1.8 debt service will not be covered by the Food & Beverage
tax revenue this year.
Electric Fund - Total revenues are slightly below expenses in the first three months resulting
in a $265,000 reduction in fund balance. In October all $311,000 of other financing monies
were received. However, the fund balance carry forward was over $650,000 less than
projected partially due to less sales in the prior year and due to the rate adjustment removing
the surcharge and reducing the impact on the customers.
Telecommunications Fund - Revenue is at 25.30/0 of budget. Expenditures exceed revenues
by $295,000 but include this fund's portion ($356,000 to) of the Debt Service on AFN GO
bonds. Fund balance is $575,131 or $178,633 (45.10/0) above budget and will help with
future debt service.
Central Services Fund - Revenues are a little above Expenditures for a positive cash flow of
about $210,000 year to date, or approximately the same amount as the shortfall in carry
forward from in EFB from 2008. Expenditures are below 250/0 for all departments. No
Contingency has been used.
Insurance Services Fund - Expenses total $425,970 (47.80/0 of budget) representing annual
premiums being paid as compared to only $185,958 (26.80/0) in revenue (primarily internal
charges) collected. None of the $125,000 Contingency has been used and the EFB carry
forward from 2008 was $1,138,699 or 97.1 % of projection.
Page 5 of6
rj.'
CITY OF
ASHLAND
Equipment Fund - Internal Revenues are 23.30/0 of the budget and Expenditures are at
21.60/0 resulting in a $26,641 reduction to fund balance at this time. The majority of
acquisitions ($772,000) are slated for later in the year. EFB of $1.3 million is right on target.
Cemetery Trust Fund - Charges for Service are 290/0 of budget. Interest earnings are at
8.90/0. Interest earnings are transferred to the General Fund periodically through the year.
Parks and Recreation Fund - Expenditures are ahead of Revenues by $839,669 awaiting
property taxes to be collected in November. Divisional expenses average 25.70/0 of the
budget with revenues at 9.40/0 leaving $361,775 as fund balance (30.40/0 of budget). This is
very consistent with the prior year even though more EFB was carried forward.
Ashland Youth Activities Levv Fund - The levy has ended and delinquent tax receipts are
periodically paid to the school district.
Parks Capital Improvements Fund - Only $2,315 in interest earnings have been recognized
and $60,947 has been expended on projects, consuming the "extra" in EFB carried forward
from 2008.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements
are available for your review in the Administrative Services Department office should you
require any additional information.
Page 6 of6
r~'
City of Ashland
Sum.mary of Cash and Investments
September 30. 2008
Fund
Ger.eral Fund
COmrritH1ity Stock Grant Fund
Street Fund
Airport Fund
Capital til'lptoverrlftnts Fund
Debl Service Fund
Water Fund
Wastewater Fund
Electric Fund
Telecommunications Fund
Central Services Fund
InslJrance Services fund
Equipment Fund
Cerootery Trust Fund
Ski Ashland Agency Fund
Parks & Recreation Agency Fund
10tal Gash Distribution
Manner of In~tlt@nJ
Petly Cash
General Banking AccounlS
Local Government tn\'. Pool
City Investments
T ota! Cash and IrwestroonlS
,; i'k~fOM I~ ~;l() n 2\)(19):1&
~<J\!f?:($
Balance
September 30, 2008
Balance
Septe~r 30, 2007
$
t ,305,663 $
40,492
2,2W.524
77,676
1,070,178
966,456
t,508,732
3,631,633
548,263
474,619
804,646
1,187,800
1,476,434
774,491
t 6,077,600
1,379,276 $
10,645
2,495,422
(12,343)
802,376
595,913
3,000,712
4,448,769
1,422,138
416,533
1,026,695
1,233,310
1,763,265
752,513
t9,335,221 $
2,474
786,880
789,354
$
16,838,684
$
3,500 $
1,164,886
15,170,238
3,510 $
654,261
17,966,799
1 ,500,000
$
16,8381684 $
20,124,575 $
Dollar Distribution
Coolral~Nk;es,
Insurance and
Ski Ashlarn;l, Parlss
.aitrl Recreatioo
FUt0s
5%
Nl Other (C'J:OO$ra!
GlW~!)
37%
31'%
Change From
FY 2008
(73,(13)
29,847
(284,893)
00,019
267,002
370,543
(1 ,491,900)
(817,136)
{873,873)
$8,006
(222,049)
(45,510)
(286,831 )
21,978
(3,251,613)
(2,474)
(25,804)
(28,278)
$
(3,285,891 )
50
510,619
(2,796,562)
(l,OOO,COO)
(3,285,891)
City of Ashland
Combined Statement of Financial Position City Wide
For the third month ended September 30. 2008
Resource Summary
Revenues
Taxes
licenses and Perm!s
Intergovernmental Revenues
Charges tor Services
System Development Charges
Floos and Forle!tures
Assessment Payments
Interest on Investments
Miscellaneous Revenues
Total Revenues
Budgetary Resources;
Other Financing Sources
T ranslem In
TotalSudgetary Resources
Total Resources
Requirements by Classi1ication
Persona! Services
Materials aM Services
Debt Service
Total Operating Expenditures
Capital Construction
Capital Outlay
T rans!ers Out
CooUngenci€s
Total Budgetary Requirements
Total Req\litl!Moont$
Excess (Deficiency) 01 Resources
over Requirements
Working Capital Carryover
Unappropriated Ending Fund
Balance
1 F~llI f~ M91t:; fY 1'i~.1if,
':W~~'l-l.~.O~
FiscalVear 2009
Year.To-Oate
Actusls
Percent
Collected /
Expended
fiscal Year 2009
Amended
Balance
$
1,588,334
446,923
342,424
9,529,036
141,683
51,164
12,484
127,66 t
338.166
12,575,876
$
8,8'Y"
395%
8.2~~
26,6'%
15.2~f<}
32JJ't<O
12,5'%,
16J%
20.'\>1"
20,0./0
$ (16,522,991)
(685,077)
(3,848,452)
126,254,258)
(788,3H)
(108,836)
(87,SI5}
(666.939)
(1,346,914)
(50,301,300)
18,109,325
1,132,000
4.188,876
3S,7a3,294
930,000
100.000
100.000
794,000
1,685,080
62,883,175
9,639,400 OD% (9.639,400)
83,576 573,746 14J3% (490;170)
83,516 10,213,146 0.3%:, (10,129,570)
12r6S:9t452 13,096,321 n,3% (OO,436,810}
5,685.673 23,490,058 24.2% 17.804,385
7,541,337 29,689,587 25J~% 22,042,250
1,327,520 5,617 ,619 23,4% 4,350J59
14,660,530 &8,857,324 24.9% 44,196.794
922,127 12,445,900 lA'Yo 11 ,523"'73
83,516 573,746 14,6% 400.170
1,764,665 O.IYYl:I 1,764,665
83,576 2,338,411 3J3"14 2,254.835
15,666,233 73,641,631 21.3% 57.975,402
(3,000,781) (545,316) 551-4% (2,461,465)
20,OS2,793 89.8% (2.262,567)
$
17,046,012
$
~
21,790,044
(4l44,032)
78.2%
$
2
Fiscal 'fear 2008
Year. Tt:rDate
Actuals
$
1,517,205
209 ,754
503.543
9,366,981
229,H4
40,006
3-3.523
287.164
190,269
12,377 ,639
85,884
85,884
12,463,523
5,404,982
6,733,233
1,374,$3
13.512,768
85,884
85,884
t4,001,467
(2,137,S44}
23.137,522
$
20,999,578
R.evel1ues by Fund
City
Gene-tal Fund
COfl1!TIIJnity 8ux;k Grant F una
Street Fund
Airport Fund
lf1lltoverr.<en!s Fund
Debt Service Fund
Water Fund
Wastewater Fund
Electric fund
T eJecornrrn.mications Fund
Central services Fund
Insurance Services Fund
Equipment Fund
CelTlElteryirlJst Fund
Total City Components
Parks and Recreation Component
Parks aM Recreation Fund
Ash\ane Youth .Activltles Levy fund
Parks Capitall~fOvernent Fund
Totm Parks Components
Total City
Working Capilal Carryover
Total Budget
~ r01iO@<l! ~ t'W Jill" 1<<J!iM
IW\V~
City of Ashland
Schedule of Revenues By Fund
September30~2008
Fiscal Year 2009
Vear.To~Dnte
Actuals
Fiscal Year 2008
Year-to-Date
Actuals
Percent to
Budget
Fiscal Year
2009 Amended
Balance
$
2,419,62.3 ;) 16,087,245 HUY:4 $ {13,667,622} $ 2,OSS,464
439,886 (1,00/0 (4$,886) 2,982
781,857 9,012,650 8.7% (8,200,793) 773,289
447,500 5,6% {422,269} 14 i AM
344,513 t .113,600 20,1% (1,369,007) 341,260
638,454 2;1 47,846 2ft 7% (1,500,392) 731,118
1,634,044 $,695,000 24A% (5,000,956) 1 ,675,603
822,463 7,726,000 10,6% (6,903,537) 821,260
2,918.822 13,228,700 22>1'% (10,309,878) 3,014,785
440,118 1,738,359 25.SiYe (1,298,271) 47€,,648
1,588,300 5,820,000 27,~!", (4,237,691 ~ 1,3TT,B69
185,958 $95,000 2eAl"'!,> (500,042) 183,501
332,311 1,584,000 21.0% (1,251.629) 355,795
11,152 80,500 13.9% (69,348) 15,463
12,142,915 67,422,316 HW% (55,219,401) 11,969,322 ~
487,416 5,111,805 9A% (4,BB4,3S9) 423,626
26,800 200,000 13A~i~ (t13,tG4) 68,1135
2,315 302,200 OJ$% (299,885) 2,400
516,537 5,674,005 9, 1~!<> (5,157,468) 494,201
12,659,452 73,096,321 173% (60,436,869) 12;463,523
20,052,793 22,335,3$0 89.8%, (2,282,5B7) 23,131,522
32,112,245 $ 95,431,681 $4.3% $ (62l19)436) $ 35)601,045
$
3
City of Ashland
Schedule of Budgetary Compliance P.erResolution #2008",13
As Amended Resolution #2008-28
For the third month ended September 30, 2008
Fiscal Veal' 2009
Year*T crOate
Aetuals
Fiscal Year 2009
Amended
General Fund
Administration
Administration ~ Ubra.ry
Administration- Municipal Court
Administrative Services- Social SelVices Grants
Administrative Services << Economic & Cuttural Grants
Administrative Services << Misceflaneous
Administrative Services << Band
Police Department
Fke and Rescue Department
Public Works << Cemetery Division
Community Development << Planning Division
Community Development << Building Division
Tnmsfers
Contingency
$
9,000
83,686
105,849
108,572
217.710
1,258
33,657
1,442,006
1 ,215,223
82,162
321,739
177,836
$
334.000
334,746
442,180
124;570
508,333
9.000
60,619
5,700,115
5.116,997
331,630
2,325,4 14
786,690
500
478,665
16,643.459
Total General Fund
3,799,498
Community Development SlockGrant fund
Personal Services
Materials and SeMces
Total Community Development Grant Fund
5,153
154
5,307
23,617
414,470
438,0.87
Street Fund
Public Works ~ Street Operations
Public Works ~ Storm Water Operations
Public Works .. Transportation BOC's
Public Works ~ Storm Waler SOC's
Public Works ~ Locallmpmvement Districts
Debt
Transfers
Contingency
505,02.5
122,.005
24,451
4,704
5.749
3,925,177
972,521
381 ,310
308,000
813,588
400,000
200,000
93,000
7,093.596
Total Street Fund
662A94
Airport Fund
Materials and Servloes
Debt Service
Contingency
14,518
17 ,536
76;560.
314,780
5,000.
421,340
Total Airport Fund
32,054
$ Fi%iil~il!l i~ .~;.~ IV ;~J)l ~h
!"!1m~
4
Percent
Used
2.7%
25,0%
23.9ulo
87,2%
42.8~~
14.0%
55,SO!o
24Jl%
23,7~<'1
24Jj%
13,8%
22,6'%~
O.OQk
0.0.%
22.8()!Q
21 $%,
0..0%
1.2%
12.9%
12J3'Y~
6.4%
1.5%
o ]tl/o
0..0%
0,0%
O,CO!Q
9,3%
19.00/0
5,6%
0.0%
7,.6%
Balance
$ 325,000
251,060
336,331
15,998
290,623
7,742
26,962
4,347,309
3,001,774
249,468
2,003,675
608,854
500
478,665
12J343,96i
18,464
414,316
432,71)0
3,420,152
849.956
356,859
303,296
807,839
400,000
200,000
93,000
6.431,102
62,042
297,244
5,000
389,2136
Schedule of Budgetary Compliance Per Resolution #2008..13
A9 Amended Resolution #2008-28
F or the third month ended September 30, 2008
Fiscal Year 2009
Year- To--Date
Actuals
Fiscal Vear 2009
Amended
Capital Improvements fund
Personal Services
Materials and Services
Capital Outlay
Transfers
Contingency
Total Capital Improvements Fund
43,1313
94,964
186.885
78,219
178,556
389,325
300,000
313.246
. 50,000
1,231,137
Debt Service Fund
2,252,403
2,252.403
Debt Service
fH 2,966
912,966
Total Debt Service Fund
Water Fund
Electric. Conservation Division
Public WtH'ks .Forest Lands Management DMsion
Public Works -Water Supply
Public Works. WalerTreatment
Public Works- Water Division
Public Works. Reimbursement SOC's
Public Works -Improvement SDC's
Public Works- Debt fiDe's
Contingency
41.7 84
30,929
70,881
258,235
639.326
1,284
504
107,188
188,645
190,435
658.569
1,077,444
4,036.0:,12
237,750
611,100
122,928
133,000
8,034,922
1,437,961
Total Water Fund
WasteWater fund
Puhlic W9rKS . Wastewater Collection
Public Works. Wastewater Treatment
PubUc Works -Reimbursements SDC's
Public Works -Improvements SDC's
Debt Service
Contingency
399,991
409,746
5,504
300
2,149,780
2,830,024
127,.800
133,110
1,782,949
135,000
7.158.753
815,632
Total Wastewater fund
Electric Fund
Eleclric . Conservation Division
Electric. Supply
Electric . Distribution
Electric . T ransmlsslon
Debt SaMee
Contingency
143,556
1,510,985
1,262,130
267.147
5,800,204
5,574,770
903,600
25,600
397,000
13,288,124
3,183,818
T olal Electric Fund
:).f~i$! HiVA~).J n ~..>h
1(ilJ(X),)\
5
Percent
Used
24-4%
24,41%
62.3%
25.0"/Q
{lO~fs
32.8%
40,5t\/t.!
40.5%
22,10/<>
1ft2~%~
10JW...
23.8(l!~
15$%,
O,5'}b
0,1%
872(1fh
O.O'%J
1H}%
Ht6%
14.5%
4,30/(1
113%
(lO%
0.0%
11.4%
27 ,2%~
25$:/{l
22.6%
29,6%
0.0%
0,0%
24,0'f(}
Balance
134,953
294,361
113,116
235,027
50,000
827,457
1,339,437
1,339.437
146,861
159,506
537,588
821,209
3,396,706
236,467
610,596
15,740
133,000
6,596,001
1,749,789
2,420,278
122,3B6
132,720
1,782,949
135,000
6.343,121
383,994
4,349,219
4,312,640
636,453
25,600
397,000
10,104,900
Schedule of Budgetary Compliance Per Resolution #2008...13
As Amended Resolution #2008-28
F or the third month ended September 30, 2008
Fiscal Vtlar 2009
Year-T o-Date
Actuats
Telecommunications Fund
IT, Inlemet ..
IT, HIgh Speed Access
Debt N T (I Debt Service Fund H
Contingency
Total.. Telecommunications Fund
.. Note: In Internel appropriation
Central Services Fund
Administration Department
Administrative Services Department
IT . Computer Servmes Division
City Recorder
Public Works N AdminIstration and Engineering
Contingency
299,124
79,582
356,000
313,644
374,593
2M ,997
63;027
362,485
1 ,378,746
Total Central Services Fund
Insurance Services Fund
Personal Services
Materials and Services
Contingency
Total Insurance Services Fund
20,400
405,570
425,970
Equipment Fund
Personal Services
Materials and Services
Capital Outtay
Contingency
61,711
116,059
175,242
Total Equipment Fund
359,012
cemetery Trust fund
Transfers
T alai Cemetery Trust Fund
J H;wx.!;;\ ~ tw $). FY ~J:.!3":h
ltN4f~
6
---~-----._--,..."._-_.,---_._--"-_._--
Fiscal Year 2009
Amended
Percent
Used
Balance
t ,245~498 24,0% 946,374
439,922 H;U ~!\} 360,340
356,000 100,0%
100,000 O,(}% 100.000
2,141,420 34,3% 1,400,714
1 ,448J333 21,6~'Q 1.135,189
i ,732,830 21 ,6%~ 1,358.237
1,100,824 22, i ()!" 931 ,827
303.337 20J3O!u 240,310
1 ,467,692 24 :7<'!<., 1,105,207
150,000 O,Ot'!o 150,000
6,299,516 21,9% 4,920,770
84,524 24.1% 64,124
680,303 59J,% 275,233
125,000 ftO%, 125;000
890.327 4H~% 464,357
283,682 23.9% 215,971
562, t22 20.6% 446,003
772,000 22]o!~ 596,758
48,000 {1.0%, 48,000
1 ,665,804 21 ,50!" 1,300,792
60,000 it 9% $4,643
60,000 tt9% 54 ,643
Schedule of Budgetary Compliance Per Resolution #2008-13
As Amended Resolution #.2008-.28
For the third month ended September 30, 2008
Fiscal Year 2009
Year.,T()--Oafe
Actuals
FiscalVear 2009
Amended
Percent
Used
Parks and Recreation fund
Parks Oivlsion
Recreation Division
Golf Division
Contingency
Total Parks and Recreation Fund
Total Parks Capital Improvement Fund
920,006 3,592,671 25.0%
300,062 1,109,594 27.0%
107,017 412,211 2fi.0%
50,000 (U)!'/Q
1 ,327,085 5,164,476 25]%
121,000 457,671 26.4<lfo
121,000 457,671 26.4~!n
60,947 400.000 15.2'7~
60,947 400,000 15.211!o
$ 15,866.233 $ 21,3%
Youth Activities levy Fund
Materials and Services
Total Youth Activities Levy Fund
Parks Capital Improvement Fund
Capital Outlay
Total AppropriaUons
:;f~.~.&lp~FY ~.A%
l(1P!2ro\
7
Balance
2,672,005
&09,532
305,194
$36,671
336,6'71
339,053
City of Ashland
Schedule of Expenditures By Fund
September 30, 2008
Requirements by Fund
City Funds
General Fund $
Community Block Grant Fund
Street Fund
Airport Fund
Capital Improvements Fund
Debt Service Fund
Wa.ter Fund
Wastewater Fund
Electric Fund
Telecommunications Fund
Central Services Fund
Insurance Services Fund
Equipment Fund
Cemetery Trust Fund
Total City Components
Parks andR~atlon Component
Parks a.nd Recreation Fund
Youth Activities Levy Fund
Parks Capitallmprovernents Fund
Total Parks Cnmponent$
Total Requirements by Fund
Ending Fund Balance
Total Budget
1 fillard$ ~ ~ :)} F''f XilJ\blli
twnr<."OOa
Fiscal Year 2009 Fiscal Year 2008
Year- To",Oate Fiscal Year Percent Year-To~Date
Actual$ 2009 Amended E.xpended Balance Actuals
3,799,498 $ 16,643,459 22,8% $ 12,843,00 i $ 3,443,223
5,301 438,087 1.2"/<) 432,780 5,218
662,494 7,093,596 9,3% 6,431,102 615,993
32,054 421,340 7,6% 389,286 94,001
403,680 1,231; 137 32JWti 827,457 294,912
912,966 2.252,403 40,50/0 1,339,437 685,595
1 ,437,001 8,034,922 17,9% 6,596,001 1,303,422
815,632 7,158,753 1 1.4% 6,343,121 1,080,459
3,183,818 13f288,724 24JJ% 10,104,906 2,925,347
734,706 2,141,420 :J.l3% 1,406,714 865,187
1,378,746 6,299.516 21.9'% 4,920,770 1,238,969
425,970 800,327 47,8% 464,357 375.022
359,012 1,665,804 21 JY'!u 1,300,792 336,188
5,357 60,000 8.9Si!J 54,643 9,741
14,157,201 67t619,488 20,90/0 53,462,287 13,324,117
1,327,085 5,164,476 25.7% 3,837,391 1 ,257,200
121.000 457,671 26A% 336,611 19,995
60,947 400,000 i 5,2"/0 339,053
1 p09t032 6,022,147 25.1% 4,513,115 1,217,291
15/666,233 73,641,637 21,3% 57,975A02 14,601,467
17,046,012 21,790,044 78,2% (4,744,032) 20,999,578
$ 32,712,245 $ 95,431,681 34.3% $ 53,231 }370 $ 35,601,045
B
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
500 Strawberry Lane: Findings on Reconsideration
November 4, 2008 Primary Staff Contact: Richard Appicello
City Attorney E-Mail: appicelr@ashland.or.us
Administration Secondary Contact: Martha Bennett
Martha Benne Estimated Time: Consent
Question:
Should the City Council approve the attached Findings of Fact, Conclusions of Law and Order for
Planning Action 2008-00182 (500 Strawberry Lane) and transmit the Revised Findings to LUBA?
Staff Recommendation:
Staff recommends Council approval of the attached Findings of Fact, Conclusions of Law and Order
and transmittal of the document to LUBA before the November 20,2008 deadline.
Background:
On August 5, 2008, a Notice of Intent to Appeal was served on the City of Ashland and filed at LUBA
by an opponent of Planning Action 2008-00182. On August 22, 2008 the City of Ashland, under
authority of the City Administrator and City Attorney, withdrew the City's decision for reconsideration
pursuant to OAR 661-010-0021(1).
The Council is now reviewing the revised Findings document on Reconsideration. This is not a public
hearing and additional testimony, argument and evidence will not be considered. This is deliberation
only. The Council is only considering the adoption of these revised Findings of Fact, Conclusions of
Law and Order based on the existing record. The Findings were reordered to more accurately and
thoroughly address compliance with applicable standards, to address the objections raised by the
opponent to the Council's decision and to express required City Council interpretations of the Ashland
Municipal Code. I
This item is on consent for efficiency. If a City Councilor has ex parte communications to disclose the
item must be pulled to make the required disclosure and provide an opportunity for rebuttal.
Related City Policies:
ALUO
Council Options:
(1) Approve the attached Findings of Fact, Conclusions of Law and Order and transmit the document
to LUBA before the November 20, 2008 deadline.
(2) Postpone consideration to November 18, 2008.
Potential Motions:
Move to approve the attached Findings of Fact, Conclusions of Law and Order and transmit the
document to LUBA. .
Attachments:
Findings of Fact, Conclusions of Law and Order
Page 1 of 1
!'A~
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
LURA No. 2008-133
[DECISION ON RECONSIDERATION]
November 4, 2008
In the Matter of an Appeal of Planning Action 2008-00182, on )
Reconsideration, A Request for an Outline Plan approval under )
the Performance Standards Option [AMC Chapter 18.88] for 5 unit) FINDINGS OF FACT
6 lot Residential Subdivision; together with Request for a Physical ) CONCLUSIONS OF LAW
Constraints Review Permit for Development of Hillside Lands; ) AND ORDER
together with a Request for a Tree Removal Permit to remove (13) )
thirteen six-inch in diameter or larger trees, including an (18) )
eighteen inch Oak tree; together with a Request for an Exception )
to Street Standards to allow the Applicants to terminate Hitt Rd )
improvements at the driveway of proposed Lot 5 , all the above )
applications being for the property located at 500 Strawberry Lane)
within the City of Ashland, Jackson County, Oregon. )
Applicant: Robert & Laura McLellan. )
I. NATURE OF PROCEEDINGS
This matter comes before the City Council on Reconsideration after a withdrawal of the initial
July 15, 2008 Ashland City Council decision from LUBA pursuant to OAR 661-010-0021(1). A
decision on reconsideration is due to LUBA on or before November 20,2008. On
Reconsideration, the City Council elects not to conduct a new hearing or accept additional
evidence or argument. The Council only considers the adoption of these revised Findings of
Fact, Conclusions of Law and Order based on the existing record to more accurately and
thoroughly address compliance with applicable standards, to address the objections raised by
Petitioner Dimino and to express required City Council interpretations of the Ashland
Municipal Code.
This matter originally came before the City Council for the City of Ashland on June 17, 2008 for
a de novo appeal hearing. The appeal is from an April 8, 2008 decision of the City of Ashland
Planning Commission approving four separate land use actions, including inter alia a request
for an outline plan approval and exception to street standards on the subject property located at
500 Strawberry Land, Ashland, Oregon.
A mandatory pre-application conference was held on July 11, 2007. The application for outline
plan approval was filed by the applicant with the Planning Department on February 4,2008.
COUNCI~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 1
The application was deemed incomplete. Additional materials were submitted on February 8,
2008 and February 26, 2008 by the applicant. Four separate land use applications, each with
different application fees, were deemed completed on March 3, 2008; the applications were
processed concurrently. The applicant requested, inter alia, that the City grant "Outline Plan"
approval for a six lot, [five unit] single-family residential subdivision under City's
"Performance Standards Option." [Technically this is a five lot / five unit subdivision with an
additional open space or common area tract, denominated "Lot 6."] Additional land use
applications processed concurrently include a physical constraints permit for Hillside lands, a
tree removal permit and an exception to street standards.
Notification of the public hearing before the Planning Commission on March 11, 2008, was
mailed on February 21,2008, pursuant to Chapter 18, Ashland Land Vse Ordinance to area
property owners and affected public agencies. Notice of the March 11, 2008, hearing was also
published in the Ashland Daily Tidings on March 1, 2008. On March 11, 2008, the Planning
Commission conducted a public hearing and considered the oral and written testimony
presented, the staff report and the record as a whole. At the conclusion of the hearing
Catherine Dimino, one of the parties who had participated in the hearing, requested that the
record be held open for seven days, and the applicants requested an additional seven days to
respond to additional written argument. The requests were granted, the record was left open
until 5:00 p.m. March 19, 2008 and final argument was required to be submitted on or before
5:00 p.m. on March 26, 2008. Deliberations were continued to the April 8, 2008 meeting. On
April 8, 2008, the Planning Commission considered the record, including the evidence
submitted by the opponents and the argument submitted by the applicant, and approved the
application subject to conditions pertaining to the appropriate development of the site. On
April 8, 2008, the Findings, Conclusions, and Order of City's Planning Commission were
approved and duly signed by the Chairperson of City's Planning Commission on April 9, 2008.
The Notice of Decision was mailed to the parties on April 11, 2008. Pursuant to the mandatory
language of the ALVa then in effect [ALVa 18.108.110A.(1)] "an appeal shall be filed prior to
the effective date of the Commission decision." AMC 18.108.070 makes the Planning
Commission decision effective fifteen (15) days after the date of mailing, [in this case: April 26,
2008] .
On Monday April 28, 2008, Appellant, Catherine Dimino filed an appeal to the City Council
under ALVa 18.108.110, thereby purporting to appeal the Findings, Conclusions, and Orders of
City's Planning Commission as relates to the four applications approved. A single appeal
application and appeal fee was also paid on April 28, 2008. The stated reasons for the appeal,
addressing at least two of the four decisions, included the following:
(1) The application does not meet lot coverage requirements as specified Chapter 18.16.040.
18.88.100 does not grant lot coverage exceptions to 18.88 Performance Standard Options,
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 2
nor does the Chapter provide the exception.
(2) 18.88.050 Exception to Street Standards - A, B, & C circumstances do not exist.
(3) Building envelope for lot 1 does not meet the intent of 18.88.010
Notification of a public hearing before the City Council was mailed on May 28, 2008, pursuant
to ALUO to area property owners and affected public agencies. Notice of the appeal hearing
was also mailed to the newspaper on June 5, 2008 and published in the Ashland Daily Tidings
on June 11, 2008. On June 17, 2008, the City Council conducted a public hearing in the City
Council chambers; during the public hearing before the Council, testimony and exhibits were
offered and received, including the record before the Planning Commission, and all exhibits and
documents reflected in the record before Council. On June 17, 2008 at the conclusion of the
hearing, appellant Catherine Dimino requested that the record be held open for seven days, and
the applicants requested an additional seven days to respond with written argument. The
record was held open until June 25th 2008 at 5:00 p.m. Final written argument was required to
be submitted by July 2nd 2008 at 5:00 p.m. Materials were timely submitted by appellant while
the record was open. The record was then closed. Final written argument was timely
submitted by the applicant. Deliberations were held at a public meeting on July 15, 2008. The
Council deliberated and approved all four of the land use applications in file 2008-00182, with
conditions. The Council's action denied the appeal and generally upheld the Findings,
Conclusions, and Orders of the Planning Commission, with some modifications. Written
findings which had been prepared by the Planning Department in advance were approved that
evening.
On August 5,2008, a Notice of Intent to Appeal was served on the City of Ashland and filed at
LUBA by appellant, Ms. Dimino. On August 22,2008 the City of Ashland, under authority of
the City Administrator and City Attorney, withdrew the City's decision for reconsideration
pursuant to OAR 661-010-0021(1). On November 4,2008 the Council reconsidered the decision,
without re-opening the hearing or the record. Following deliberations the Council adopted the
Revised Findings set forth herein.
Based upon the evidence in the record, the Council makes the following findings of fact and
conclusions of law:
II. FINDINGS OF FACT
1) The Nature of Proceedings set forth above are true and correct and are incorporated
herein by this reference.
2) The subject of Planning Action 2008-00182, is real property located within the City of
Ashland, and described in the County Tax Assessor's maps as Map 391E 08 AC Tax Lot 201 (the
"Property"). The street address of the Property is 500 Strawberry Lane, Ashland, Oregon,
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 3
97520.
3) The zoning of the Property is zoned RR-.5-P Rural Residential..
4) The owners of the property in Planning Action #2008-00182 are Robert & Laura
McLellan. (" Applicant).
5) The applicants are requesting Outline Plan Approval to allow a six-lot, five-unit
subdivision under the Performance Standards Options Chapter for the property
located at 500 Strawberry Lane. The application also requests a Physical &
Environmental Constraints Review Permit for Development of Hillside Lands, a Tree
Removal Permit to remove 13 trees six-inches in diameter at breast height (d.b.h.) or
larger, and an Exception to Street Standards to allow the applicants to end street
improvements at the driveway of Lot 5 rather than extending them to the southern
boundary of the project. Site improvements are outlined on the plans on file at the
Department of Community Development.
III. JURISDICTION
Based upon the mandatory language of the Code, [i.e. "shall"] the City Council finds and
determines that the appeal of the Planning Commission decision to the City Council was not
timely filed. Specifically, the ALUO in effect at the time provided in 18.108.110A(1) that liThe
appeal shall be filed prior to the effective date of the decision of the Commission." (emphasis
added) ALVO 18.108.070B(3) then in effect also provided:
The decision of the Commission is the final decision of the City resulting from the Type
II Planning Procedure, effective 15 days after the findings adopted by the Commission
are signed by the Chair of the Commission and mailed to the parties, unless appealed to
the Council as provided in section 18.108.110.A.
By operation of law, the Planning Commission decision became effective on April 26, 2008.
Because Opponent, Ms. Dimino did not file her appeal until April 28, 2008 her appeal was not
timely filed. Opponent is a sophisticated participant in local land use matters and has made
numerous arguments in this land use proceeding stressing strict observance of the language of
the Code. Under the mandatory language of the code, the Planning Commission decision was
already effective when the appeal was filed. Accordingly, the Council finds and determines
that this defect in filing, expressly contrary to the mandatory language of the Code, represents a
jurisdictional defect in the local appeal and the Council accordingly does not have jurisdiction
to consider this appeal. The decision of the Ashland Planning Commission (attached hereto and
made a part hereof by this reference) is the final unappealed decision of the City of Ashland.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 4
The Council further finds and determines that City staff does not have the authority to waive or
excuse mandatory provisions of the Ashland land Use Ordinance. No provision in the City of
Ashland Land Use Ordinance extends the appeal filing deadline to accommodate or cure
Opponent's late filing; accordingly, staff is without authority to do so. To the extent prior staff
reports or findings state that the local appeal was timely filed, the Council finds these
statements to be contrary to the facts as applied to the law in the case. A participant in local
land use proceedings must ascertain for itself, from the local code, what it must do to protect its
rights.) Columbia River Television v. Multnomah County, 299 Or 325, 329, (1985); City of
Grants Pass v. Josephine County, 25 Or LUBA 722, 728 (1993); Kamppi v. City of Salem, 21 Or
LUBA 498, 505 (1991). The strict observance of mandatory local appeal requirements by
applicants, opponents and staff is absolutely necessary and critical to avoid prejudice and harm
to parties to the proceeding.
IV. FINDINGS APPLYING APPLICABLE CODE CRITERIA
In the event the City Council is found to have jurisdiction over this local appeal, (i.e. following a
motion to dismiss any appeal at LUBA if necessary) the Council makes the following findings of
fact and conclusions of law as regards the merits of the planning application:
1) The City Council finds and determines that the relevant approval criteria are found in or
referenced in ALUO Chapter 18, including specifically but not limited to Chapter 18.88, as
regards the Outline Plan Approval; Chapter 18.62.040.1 as regards the Physical Constraints
Review permit, Chapterl8.61.080 as regards the Tree Removal Permit and Chapter 18.88.050.F as
regards the Exception to Street Standards.
2) The City Council finds that it has received all information necessary to make a decision
based on the record made before the City Council, including the record before the Planning
Commission, Council Communications from staff, public hearing testimony and the exhibits,
evidence and arguments received.
3) The Council finds and determines that this proposal to develop a six lot, five unit
single-family residential subdivision meets all applicable criteria for an Outline Plan approval
described or referenced in the ALUO Chapter 18.88, entitled "Performance Standards Options,"
and that the proposal to terminate Hitt Road street improvements in the area near lot 5 of the
subdivision meets all applicable criteria for an Exception to Street Standards described in
Chapter 18.88. Although the Physical Constraints Permit and Tree Removal Permits were not
directly challenged in this local appeal, the Council finds and determines that the applications
meet all the applicable requirements of the Code for approval [i.e. Chapter 18.62 and Chapter
18.61.]. These findings of compliance with all applicable approval criteria are supported by the
detailed findings set forth herein, the detailed findings of the Ashland Planning Commission, as
well as the detailed Findings in support of the Application submitted by the Applicant, all such
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 5
findings being specifically incorporated herein by this reference. (In the event of conflict
between the Planning Commission or Applicant findings and Council findings, Council
findings control). In addition, compliance with applicable approval criteria is supported by
competent substantial evidence in the whole record.
4) The City Council finds and determines that the development meets all applicable
approval criterion and requirements of the City of Ashland, and the attached conditions of
approval, whether specifically referenced or not in the findings below, achieve compliance for
stated criterion, as applicable.
5) The criteria for Outline Plan approval under the Performance Standards Options are
described in Chapter 18.88 as follows:
The Planning Commission shall approve the outline plan when it finds the following
criteria have been met:
a) That the development meets all applicable ordinance requirements of the City of
Ashland.
b) That adequate key City facilities can be provided including water, sewer, paved access
to and through the development, electricity, urban stonn drainage, police and fire
protection and adequate transportation; and that the development will not cause a City
facility to operate beyond capacity.
c) That the existing and natural features of the land; such as wetlands, floodplain
corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the
development and significant features have been included in the open space, common areas,
and unbuildable areas.
d) That the development of the land will not prevent adjacent land from being developed
for the uses shown in the Comprehensive Plan.
e) That there are adequate provisions for the maintenance of open space and common
areas, if required or provided, and that if developments are done in phases that the early
phases have the same or higher ratio of amenities as proposed in the entire project.
ft That the proposed density meets the base and bonus density standards established
under this Chapter.
6) Criterion: [ALVa 18.88.030.A.4.a.] ... That the development meets all applicable
ordinance requirements of the City of Ashland. The Council finds and determines that
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 6
this criterion is a general reference to all the mandatory requirements for outline plan
approval identified herein and other applicable criterion in the Ashland Land Vse
Ordinance. The Council finds that the development meets all applicable ordinance
requirements of the City of Ashland as detailed herein. The Site Plan in the record
delineates the proposed building envelopes, setbacks, and driveway locations,
demonstrating compliance. The setbacks on the perimeter of the subdivision and for the
front yards meet the standard setback requirements of the Rural Residential zoning
district, and the proposal satisfies the Code. Solar Access standards must be protected.
However, if the applicant wishes to exceed the applicable Solar Access standards, Solar
Access Variances will be required to be applied for concurrently with the Final Plan
application. Finally Lot coverage is unquestionably met on the basis of the site as a
whole, although it has been challenged by a neighbor as discussed below.
Rural Residential Zoning [ALVO 18.16] permitted uses expressly list authorized
development under Chapter 18.88, Performance Standards Subdivisions. The general
regulations of AMC 18.16 are essentially implemented verbatim through "straight
subdivisions" and the Council expressly finds and determines that such general
regulations do not directly transfer to AMC 18.88 planned development without
acknowledged and authorized flexibility. The Opponent essentially disagrees with the
extent to which a development under Chapter 18.88 can vary from the" general
regulations" as expressed in the ALVO 18.16.040, (i.e. straight subdivision as opposed to
a performance standards subdivision.) Opponent argues 18.88.100 precludes flexibility in
lot coverage because lot coverage is not listed. Staff and the applicant argued that the
flexibility is expressly by definition and inherent in the application of the Chapter;
opponent separately analyzes the language of the Code, including the definition of
coverage and concludes that there is no allowance for flexibility. The Council finds and
determines that opponent's analysis does not acknowledge the context and usage of
coverage in the Performance Standards Chapter and the inherent and inevitable impact
on lot coverage requirements when lot size requirements of the zone are permitted to be
reduced. Opponent's appeal does point to needed clarifying code amendments, to avoid
these kinds of arguments and unnecessary appeals, contrary to the intent of the Code.
For the reasons set forth below, the City Council expressly rejects Opponent's proposed
rigid interpretation of the ALVO Performance Standards Chapter. The Council expressly
adopts the interpretation presented by staff and the applicant in these findings and as
expressed in the record of this proceeding. Staff's interpretation is consistent with the
language of the Code, the context in Chapter 18.88, the intent of the Performance
Standards Chapter and other code provisions designed to protect sensitive lands,
minimize land disturbance and cluster development to achieve these objectives.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 7
The City Council expressly finds and determines that, by definition, the ALVa allows
flexibility on lot coverage such that the requirement can be met on the entire site or on the
individual lot. The Performance Standards Chapter's allowance, even incentives, for
provision and dedication of common area open space make performance standard
subdivisions the most commonly seen incidence of use for lot coverage flexibility. Staff
and the applicant recounted numerous prior applications of such flexibility in the record
of prior developments utilizing lot coverage flexibility (coverage met on the total site not
individual lots) including the subdivision and lot on which opponent resides. The
coverage definition in ALVa 18.08.160 is as follows:
18.08.160 Coverage, lot or site;
Total area of all structures, paved driveways, or other soil disturbances that will
not allow normal water infiltration. The coverage is expressed as a percentage of
such area in relation to the total gross area of the lot or site. Landscaping which
does not negatively impact the natural water retention and soil characteristics of
the site shall not be deemed part of the lot or site coverage.
The Council finds and determines that the definition's allowance that" coverage is
expressed as a percentage of such area in relation to the total gross area of the lot or site"
[emphasis added] is express recognition in the ALVa that lot coverage requirement is
intended to be flexible and can be met by either the individual lot or the project site. The
Council could have but did not write separate definitions for lot and site coverage. While
it is true that the definition can be read alone, in isolation as a sterile definition, with lot
coverage and site coverage simply grouped together for economy, that reading ignores
the context of the ALVa and the recognition of the flexibility for lot coverage in relation
to open space in the performance standards subdivision chapter.
Specifically, the context of the Performance Standards Subdivision requires the "lot or
site" interpretation of the coverage requirement. For example, the definition of open
space in Chapter 18.88.020.H acknowledges the availability of use of common areas to
meet other Code requirements. The ALVa provides in pertinent part:
Open Space shall be optional for developments of less than 10 units, unless
required by the application of the approval criteria. [emphasis addedl
One obvious approval criterion which might require open space to be provided on
development of less than 10 units is lot coverage. If, as here, the lots in the subdivision
are reduced in size and clustered to avoid and preserve sensitive lands (here severe
Hillside slopes) it becomes necessary to meet lot coverage on basis of the site as a whole.
This site based method of achieving compliance, using open space to meet code
requirements, is expressly acknowledged in the Chapter. The resultant, protection of the
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 8
environment and minimization of land disturbances is also consistent with ALVO
18.88.030A.4.c. (requiring identification and preservation of significant natural features).
Similarly ALVO 18.88.080.D.2. permits use of Chapter 18.88 without an overlay only in
specified situations including the need to "protect the environment and the neighborhood
from degradation which would occur from development to the maximum density under
[straight] subdivision standards." That is, meeting all requirements on individual lots as
in standard subdivisions will destroy the environment and degrade the neighborhood. In
addition, other environmental protection provisions of the ALVO [e.g. Chapter 18.62
Physical Constraints Chapter] are furthered by clustering of lots and preservation of open
space, including meeting code requirements for lot coverage in the open space common
areas. Finally, the Performance Standards Chapter encourages provision of open space
with density bonuses [ALVO 18.88.040.B.3.b.2]. This section also acknowledges that the
common area bonus provision purposes include the preservation of sensitive lands such
as " natural areas," "wetlands." "active or passive recreation areas." Opponent's
interpretation of the definition, although plausible, discourages provision of open space
common areas. Given this context, a sterile reading of the definition as proposed by
opponent is contrary to the language of the ALVO, contrary to the context of the ALVO
performance standards subdivision as well as the Chapter's purposes (although purposes
are not an incorporated criterion - such as for street standards exceptions noted below).
Accordingly, based on the detailed findings set forth herein, the detailed findings of the
Ashland Planning Commission as well as the detailed findings in support submitted by the
applicant, specifically incorporated herein by this reference, as well as by competent
substantial evidence in the whole record, the Council finds and determines that this criterion
is met.
7) Criterion: [ALVa 18.88.030.A.4.b.] ... That adequate key City facilities can be
provided including water, sewer, paved access to and through the development,
electricity, urban storm drainage, police and fire protection and adequate
transportation; and that the development will not cause a City facility to operate
beyond capacity.
This criterion concerns the adequacy of key facilities relative to the impact of the proposed
development. The requirement is not necessarily that the facilities are currently in place, but
that they can be provided. The Council finds and determines that adequate key City facilities
can be provided to serve the project including water, sewer, paved access to and through the
development, electricity, urban storm drainage, police and fire protection and adequate
transportation; and that the development will not cause a City facility to operate beyond
capacity. The record reflects that adequate facilities are available as the project is located in an
area that is already developed with sewer and other utility improvements. Water, sanitary
sewer, storm water and electric services are available from Strawberry Lane and Hitt Road
rights-of-way and will connect through the site via individual driveways. Paved access is
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 9
provided by Strawberry lane and Hitt Road. Storm drain facilities will include private
detention systems on the individual lots.
As regards adequate transportation facilities, the City Council finds that no new streets are
proposed with the proposed application, and that the proposed lots will take access from the
existing Strawberry Lane and Hitt Road rights-of-way. A condition has been added to require
that sidewalks and street tree installation be completed along a small portion of the subject
property's Strawberry Lane frontage where they are lacking, and an Exception to Street
Standards has been requested by the applicants to end street improvements on Hitt Road at the
relocated gate past the driveway of Lot 5 rather than extending them to the southern boundary
of the project. Based on the detailed findings set forth herein, the detailed findings of the
Ashland Planning Commission as well as the detailed findings in support submitted by the
applicant, specifically incorporated herein by this reference, as well as by competent substantial
evidence in the whole record, the Council finds and determines that this criterion is met.
8) Criterion: [ALVa 18.88.030.A.4.c.] ... That the existing and natural features of the
land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc.,
have been identified in the plan of development and significant features have been
included in the open space, common areas, and unbuildable areas.
The Council finds and determines that ALVa 18.88.030.A.4.c. requires the identification of
features of the land that are both existing and natural. More importantly, the Council finds and
determines that ALVa 18.88.030.A.4.c. requires the preservation of significant existing and
natural features of the land. Features are "significant" if they are important and meaningful
ecological resources. The City Council finds that the significant natural features of the property
are the existing trees and the naturally steeply-sloped, heavily-wooded slopes on the southern
end of the site, (primarily the area denominated Lot 6). The Council further finds that the
proposed lot layout, common area and building envelope placements, and driveway locations
have been selected in order to protect these natural features. On this site 59 of the 72 trees on
the site over six-inches in diameter at breast height are to be preserved, driveways are to be
located in response to the site topography to minimize site and slope disturbances, and the
applicants also propose to protect the most steeply sloped southern portion of the site in a
commonly owned open space tract. The City Council further finds and determines that the
applicants proposal to deed restrict the proposed open space Lot 6 from further development
and to provide Conditions, Covenants and Restrictions (CC&R's) to provide for the necessary
maintenance of the open space lot, including the implementation and maintenance of the
approved fire prevention and control plan, and perpetual maintenance of required long term
erosion control measures, represents adequate provisions for the maintenance of the open
space. Accordingly, all the above-identified significant existing and natural features either are
contained in common areas as shown on proposed plan or shall be contained in common areas,
open spaces or unbuildable areas. Based on the detailed findings set forth herein, the detailed
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 10
findings of the Ashland Planning Commission and the findings in favor submitted by the
applicant, specifically incorporated herein by this reference, as well as by competent substantial
evidence in the whole record, and subject to conditions of approval, the Council finds and
determines that this criterion is met.
9) Criterion: [ALVa 18.88.030.A.4.d.] ... That the development of the land will not
prevent land from being developed for the uses shown in the Comprehensive Plan.
The Council finds and determines that development of the land will not prevent adjacent land
from being developed for the uses shown in the Comprehensive Plan. The parcels to the north,
east and west are similarly zoned and have recently been subdivided for development as part of
the Strawberry Meadows subdivision. The undeveloped properties to the south are zoned WR
Woodland Residential, and their further development is already severely constrained by the
presence of slopes over 350/0 percent. Based on the detailed findings set forth herein, the
detailed findings of the Ashland Planning Commission and the findings in favor submitted by the
applicant, specifically incorporated herein by this reference, as well as by competent substantial
evidence in the whole record, and subject to conditions of approval, the Council finds and
determines that this criterion is met.
10) Criterion: [ALVa 18.88.030.A.4.e.] . .. That there are adequate provisions for the
maintenance of open space and common areas, if required or provided, and that if
developments are done in phases that the early phases have the same or higher ratio of
amenities as proposed in the entire project.
The City Council finds !1nd determines that the applicants proposal to deed restrict the
proposed open space Lot 6 from further development and to provide Conditions, Covenants
and Restrictions (CC&R's) to provide for the necessary maintenance of the open space lot,
including the implementation and maintenance of the approved fire prevention and control
plan, and perpetual maintenance of required long term erosion control measures, represents
adequate provisions for the maintenance of the open space. All significant existing and natural
features either are contained in common areas as shown on proposed plan or shall be contained
in common areas, open spaces or unbuildable areas. Contrary to opponent's assertions,
adequate provision for maintenance of the common area is met. The code expressly recognizes
maintenance by an association and passive recreation. The July 2, 2008 arguments of the
applicant on this point are incorporated herein by this reference. Based on the detailed
findings set forth herein, the detailed findings of the Ashland Planning Commission and the
findings in favor submitted by the applicant, specifically incorporated herein by this reference, as
well as by competent substantial evidence in the whole record, and subject to conditions of
approval, the Council finds and determines that this criterion is met.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 11
11) Criterion: [ALVa 18.88.030.A.4.f.] ... That the proposed density meets the base
and bonus density standards established under this Chapter.
The Council finds and determines that the density meets the base density standards established
under the Performance Standards Options for the Single-Family Residential (RR-.5-P) zone.
The site has a base density of five units (4.62 acres x 1.2 dwelling units per acre = 5.544 units),
including the existing single family home already in place on the proposed Lot 4. Five units are
proposed on six lots. Lot six is a common area open space tract. Based on the detailed findings
set forth herein, the detailed findings of the Ashland Planning Commission as well as the detailed
findings in support submitted by the applicant, specifically incorporated herein by this reference,
as well as by competent substantial evidence in the whole record, the Council finds and determines
that this criterion is met.
12) Criterion: [ALVa 18.88.030.A.4.g.] ... The development complies with the Street
Standards.
Development is proposed to comply with the street standards except as requested in the
exception below. The City Council finds that no new streets are proposed with the proposed
application, and that the proposed lots will take access from the existing Strawberry Lane and
Hitt Road rights-of-way. A condition has been added to require that sidewalks and street tree
installation be completed along a small portion of the subject property's Strawberry Lane
frontage where they are lacking, and an Exception to Street Standards has been requested by the
applicants to end street improvements on Hitt Road at the relocated gate past the driveway of
Lot 5 rather than extending them to the southern boundary of the project. Based on the
detailed findings set forth herein, the detailed findings of the Ashland Planning Commission as
well as the detailed findings in support submitted by the applicant, specifically incorporated
herein by this reference, as well as by competent substantial evidence in the whole record, the
Council finds and determines that this criterion is met.
13) Criterion: [ALVa 18.62.040.1.] The criteria for a Physical Constraints Review permit are
described in Chapter 18.62.040.1 as follows:
1. Through the application of the development standards of this chapter,
the potential impacts to the property and nearby areas have been
considered, and adverse impacts have been minimized.
2. That the applicant has considered the potential hazards that the
development may create and implemented measures to mitigate the
potential hazards caused by the development.
3. That the applicant has taken all reasonable steps to reduce the adverse
impact on the environment. Irreversible actions shall be considered more
seriously than reversible actions. The Staff Advisor or Planning
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 12
_...__._~~--_._. . - 1
Commission shall consider the existing development of the surrounding
area, and the maximum permitted development permitted by the Land
Use Ordinance.
The City Council finds that potential impacts and hazards have been considered and that
adverse impacts will be minimized through the proposed subdivision's design and the
associated mitigation measures recommended by the project geotechnical expert. The
applicants have provided a geotechnical study which concludes that the proposed subdivision
and associated site grading are considered to be feasible with respect to the stability of the
subsurface and slope conditions observed on site. This report includes recommendations for
necessary site preparation, retaining, and erosion control, and proposes an inspection schedule
to insure that these recommendations are properly implemented during site work. The more
steeply sloped areas at the southern end of the site will be preserved as commonly owned open
space, and protected from future development, and development of the proposed Lot 5, which
includes slopes in excess of 25 percent within its building envelope, will be subject to a separate
Physical Constraints Review. The Council finds that the applicants have taken all reasonable
steps to reduce the adverse impacts of the development on the environment. Based on the
detailed findings set forth herein, the detailed findings of the Ashland Planning Commission as
well as the detailed findings in support submitted by the applicant, specifically incorporated
herein by this reference, as well as by competent substantial evidence in the whole record, the
Council finds and determines that this criterion is met.
14) Criterion: [ALVa 18.61.080.] The criteria for a Tree Removal Permit are described in
Chapter 18.61.080 as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard
tree if the applicant demonstrates that a tree is a hazard and warrants
removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is
clear that it is likely to fall and injure persons or property. A hazard tree
may also include a tree that is located within public rights of way and is
causing damage to existing public or private facilities or services and
such facilities or services cannot be relocated or the damage alleviated.
The applicant must demonstrate that the condition or location of the tree
presents a clear public safety hazard or a foreseeable danger of property
damage to an existing structure and such hazard or danger cannot
reasonably be alleviated by treatment or pruning.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 13
2. The City may require the applicant to mitigate for the removal of each
hazard tree pursuant to AMC 18.61.084. Such mitigation requirements
shall be a condition of approval of the permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a
tree that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be
consistent with other applicable Ashland Land Use Ordinance
requirements and standards. (e.g. other applicable Site Design and Use
Standards). The Staff Advisor may require the building footprint of the
development to be staked to allow for accurate verification of the permit
application; and
2. Removal of the tree will not have a significant negative impact on
erosion, soil stability, flow of surface waters, protection of adjacent
trees, or existing windbreaks; and
3. Removal of the tree will not have a significant negative impact on the
tree densities, sizes, canopies, and species diversity within 200 feet of the
subject property.
The City shall grant an exception to this criterion when alternatives to
the tree removal have been considered and no reasonable alternative
exists to allow the property to be used as permitted in the zone. Nothing
in this section shall require that the residential density be reduced below
the permitted density allowed by the zone. In making this determination,
the City may consider alternative site plans or placement of structures or
alternate landscaping designs that would lessen the impact on trees, so
long as the alternatives continue to comply with other provisions of the
Ashland Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each
tree granted approval pursuant to AMC 18.61.084. Such mitigation
requirements shall be.a condition of approval of the permit.
The City Council finds the request for a Tree Removal Permit to remove 13 trees six-inches or
larger in diameter at breast height (d.b.h.), including one significant 18-inch d.b.h. oak tree
meets the applicable approval criteria in 18.61.080. These trees are located within the proposed
building envelopes, and all other trees on site are to be preserved. The Council finds that the
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 14
removals have been requested in order to permit the application to be consistent with other
applicable Ashland Land Use Ordinance requirements and standards in attempting to minimize
site disturbance associated with the subdivision, will not have significant negative impacts to
the site or surroundings, and that the removal of the significant oak will be mitigated either on-
site or off-site as provided in the ordinance at the time of removal. Based on the detailed
findings set forth herein, the detailed findings of the Ashland Planning Commission as well as the
detailed findings in support submitted by the applicant, specifically incorporated herein by this
reference, as well as by competent substantial evidence in the whole record, the Council finds and
determines that this criterion is met.
15) Criterion: [ALUO 1.88.050.F.] The criteria for an Exception to Street Standards are
described in 18.88.050.F as follows:
An exception to the Street Standards is not subject to the variance requirements of
Section 18.100 and may be granted with respect to Street Standards in 18.88.050 if all of
the following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the
site.
B. The variance will result in equal or superior transportation facilities and
connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the
Performance Standards Options Chapter.
As referenced above, Chapter purposes include the following:
18.88.010 Purpose and Intent. The purpose and intent of this Chapter is to allow an
option for more flexible design than is permissible under the conventional zoning codes.
The design should stress energy efficiency, architectural creativity and innovation, use
the natural features of the landscape to their greatest advantage, provide a quality of
life equal to or greater than that provided in developments built under the standard
zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce
the impact of development on the natural environment and neighborhood.
The City Council finds that the proposed Exception to Street Standards to allow the applicants to
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 15
end street improvements at the relocated gate near the driveway of Lot 5 rather than extending
them to the southern boundary of the project meets the applicable criteria in Chapter 18.88. The
installation of the full public street improvements including sidewalks would require that
significant site disturbance along more than 300 feet of the Hitt Road right-of-way in a steeply-
sloped and heavily- wooded area which the applicants have proposed to protect as one of the site's
principal natural features. The Council finds this site disturbance contrary to the protection of
natural features and the steep slopes and construction costs constitute and represent demonstrable
difficulty given the unique aspects of the site and its proposed use. The future development of
properties to the south is constrained by steep slopes, and the Exception requested aids in the
preservation and protection of the sloped areas on the project site. An existing gate is in place on
Hitt Road to control public access to a city-owned water tank on the property immediately south of
the project site, and will be slightly relocated to accommodate the driveway for the proposed Lot 5.
The application proposes to ensure adequate fire protection through the installation of fire
sprinklers in all homes and the implementation of fire prevention and control plans. The
applicants will also install a new fire hydrant on Hitt Road. The applicants have previously
provided easement access and trail improvements across the southern portion of the subject
property to provide a pedestrian link between Hitt Road and the nearby Bi~dsong Lane, and have
agreed to sign in favor of any future improvements to Hitt Road. The applicants have also
proposed to provide additional off-street parking space for each of the proposed lots to address
visitor parking demand, and the Council also finds that additional on-street parking spaces should
be identified on Hitt Road at the time of Final Plan submittal in order to ensure adequate fire access
in the wildfire interface and to off-set on-street parking that would otherwise have been provided
if Hitt Road were extended to the boundary of the proposed subdivision.
The Council finds that the proposed Exception is the minimum necessary to alleviate the
difficult as paved access is proposed to be provided to the last developable lot in the
development, and its driveway placement has been planned to avoid further disturbance of the
steeply sloped portions of the site in a manner consistent with the purpose and intent of the
chapter.
Finally, nothing in the Ashland Street Standards compels an applicant to create an alley as
proposed by opponent. The arguments of the applicant Guly 2,2008) directly refute this
assertion and are incorporated herein by this reference. As noted, the exception to street
standards is actually sought to terminate the improvement to Hitt road based on demonstrable
difficulty - steep slopes and protection of existing natural features. Given the limited impact of
the proposed development (five units - one existing), the connectivity standards are not
violated by reliance on existing streets in this outlying area.
Based on the detailed findings set forth herein, the detailed findings of the Ashland Planning
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 16
Commission as well as the detailed findings in support submitted by the applicant, specifically
incorporated herein by this reference, as well as by competent substantial evidence in the whole
record, the Council finds and determines that this criterion is met.
V. OTHER ALLEGATIONS BY APPELLANTS
Prior LID participation
The City Council finds that the issue of the applicants' participation in the completed Strawberry
Lane Local Improvement District (LID) is not relevant to the approval criteria applicable to the
current request. As noted, under the Code and applicable state law, reassessment is prohibited
when the assessment has been paid in full.
18.88.010 Purposes and Intent.
In relation to a request for a street exception under AMC 18.88.050.F., the Purpose and Intent of
the Performance Standard Chapter is an approval criterion. This is so, only because it is
specifically referenced as a standard in that section. The City Council finds and determines that
the Purpose and Intent section is not an approval standard outside the context of a street
exception. Opponent's challenge to compliance with the purpose and intent section is based on
inter alia: (1) the size of the proposed lot 1; (2) "architectural creativity"; (3) "aesthetically
pleasing" and (4) impact on the "neighbourhood." Because these challenges are not in the
context of the street exception, they are simply not valid or cognizable challenges under the
Code. The Council further finds and determines that the opponent's arguments about the
interpretation of lot coverage are in fact directly related to increasing the size of lot 1 to address
the above referenced non-code criteria concerns.
Inadequate Trees
The arguments submitted by the applicant on July 2,2008 are specifically incorporated herein to
and adopted by the Council to rebut opponent's argument that additional tress are required.
VI. ORDER
In sum, the City Council concludes that the proposal represented in Planning Action 2008-00182
the proposal for Outline Plan approval to develop a six-lot, five-unit subdivision; an Exception to
Street Standards; a Physical Constraints Review permit; and removal of 13 trees greater than
six-inches in diameter at breast height (d.b.h.) including one significant tree, an 18-inch d.b.h.
oak, is in full compliance with applicable approval criteria and is supported by competent
substantial evidence contained in the record.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 17
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the
evidence in the whole record, the City Council hereby APPROVES Planning Action #2008-
00182, subject to strict compliance with the conditions of approval, set forth herein. Further, if
anyone or more of the conditions below are found to be invalid, for any reason whatsoever,
then Planning Action #2008-00182 is denied. The following are the conditions and they are
attached to the approval:
1) That all proposals of the applicant are conditions of approval unless otherwise
modified herein.
2) All conditions of the geotechnical report prepared by Amrhein Associates, Inc.
and dated October 12, 2007, including but not limited to the inspection schedule,
shall be conditions of approval unless otherwise modified herein.
3) That all proposed lots shall be subject to Solar Access Standard A unless 1)
materials are provided with the Final Plan submittal demonstrating that an
individual lot has a negative north slope in excess of 15 percent which would
render it subject to Solar Access Standard B; or 2) a Solar Access Variance is
applied for and approved for the individual lots concurrently with Final Plan
approval. Solar setback calculations shall be submitted with each building
permit to demonstrate compliance with the applicable standards, and shall
include identification of the required solar setbacks with supporting formula
calculations and elevation or cross-section drawings clearly labeling the height of
the solar producing point(s) from the identified natural grade.
4) That all measures installed for the purposes of long-term erosion control,
including but not limited to vegetative cover, rock walls, retaining walls and
landscaping shall be maintained in perpetuity on all areas in accordance with
18.62.089.B.7.
5) That prior to Final Plan approval:
a) Engineering for the utility plan including but not limited to the water,
sewer, storm drainage and electric facilities shall be submitted. The
utility plan shall include the location of connections to all public facilities
in and adjacent to the development, including the locations of water lines
and meter sizes, fire hydrants, sewer mains and services, manholes and
clean-outs, storm drainage pipes and catch basins, and locations of all
primary and secondary electric services including line locations,
transformers (to scale), cabinets, meters and all other necessary
equipment. Transformers and cabinets shall be located in areas least
visible from streets, while considering the access needs of the Electric
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 18
-----~------ -....1
Department. Any required private or public utility easements shall be
delineated on the utility plan.
b) An Electric Distribution Plan shall be coordinated with the Ashland
Electric Department, and shall be included in the utility plan with the
Final Plan submittal.
c) A drainage plan including necessary final engineering for the private lot
stormwater detention systems and any off-site storm drain system
improvements shall be provided.
d) The engineering for sidewalk improvements to complete sidewalk
installation along the subject property's full Strawberry Lane frontage
shall be provided with the Final Plan submittal.
e) The recommendations from the March 6, 2008 meeting of the Ashland
Tree Commission, where consistent with applicable standards, shall be
incorporated into the Final Plan submittal's Landscaping, Irrigation, and
Tree Protection and Removal Plans.
f) A draft copy of the CC&R's and the applicants' proposed Deed
Restrictions shall be provided. The CC&R's shall describe responsibility
for the maintenance of all commonly-owned open space including but
not limited to the implementation and maintenance of the approved fire
prevention and control plan, and perpetual maintenance of required long
term erosion control measures. The CC&R's shall note that any deviation
from the approved Tree Removal and Protection Plan must receive
written approval from the City of Ashland Planning Department. The
CC&R's and Deed Restrictions shall be recorded concurrently with the
final plat.
g) The overall lot coverage for the subdivision as a whole shall be limited to
no more than 20 percent. At the time of final plan submittal, the
applicants shall provide a breakdown, by square footage, of the allowed
lot coverage allocated to each lot and demonstrating that the overall
subdivision's lot coverage does not exceed the 20 percent allowed in the
RR -.5 zoning district.
h) That written verification from the project geotechnical expert shall be
provided with the Final Plan submittal indicating that the revised six-lot
subdivision configuration and associated improvements are consistent
with the original report.
i) That a landscape and irrigation plan addressing the re-vegetation of cut
and fill slopes required in the geotechnical report shall be provided with
the Final Plan submittal.
j) That in addition to the third off-street parking space proposed to be
provided on each of Lots 1-5 by the applicants, the Final Plat submittal
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 19
__m~______ -"-1--.
shall identify four on-street parking spaces to be provided on Hitt Road
in bays near the relocated gate and between the driveways of Lots 2 and
4.
6) That prior to the issuance of an excavation permit:
a) A preconstruction conference to review the requirements of the Physical
Constraints Review Permit shall be held prior to site work, storage of
materials, or the issuance of an excavation permit. The conference shall
include the Ashland Planning Department, Ashland Building
Department, the project engineer, project geotechnical experts, landscape
professional, arborist, and contractor. The applicants or applicants'
representative shall contact the Ashland Planning Department to
schedule the preconstruction conference.
b) That a Verification Permit in accordance with 18.61.042.B shall be applied
for and approved by the Ashland Planning Division prior to site work,
storage of materials and/or the issuance of an excavation or building
permit. The Verification Permit is to inspect the trees to be removed and
the installation of tree protection fencing. The tree protection for the trees
to be preserved shall be installed according to the approved Tree
Protection Plan prior to site work or storage of materials. Tree protection
fencing shall be chain link fencing a minimum of six feet tall and installed
in accordance with 18.61.200.B.
c) That the temporary erosion control measures (i.e. fabric sediment fencing,
straw bales, crushed rock pads, straw erosion control matting or plastic
sheeting) shall be installed and maintained according to the approved
plan prior to any site work, storage of materials, or issuance of an
excavation permit. These measures shall be inspected and approved by
the Staff Advisor prior to site work, storage of materials, or the issuance
of an excavation permit.
d) The applicants shall provide a performance bond, letter of credit or other
financial guarantee in an amount equal to 120 percent of the value of the
erosion control measures necessary to stabilize the site.
7) That prior to the signature of the final survey plat:
a) All easements for sewer, water, drainage, electric, streets or public
pedestrian access shall be indicated on the final survey plat as required
by the City of Ashland.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 20
_....~-_. ..'1-
b) Street trees, located one per 30 feet of street frontage, shall be installed
along the Strawberry Lane street frontage as part of the subdivision
infrastructure improvements. Street trees shall be chosen from the
Recommended Street Tree List and shall be installed in accordance with
the specifications noted in the Recommended Street Tree List. The street
trees shall be irrigated.
c) Subdivision infrastructure improvements, including but not limited to
utilities; driveways, driveway approaches and associated erosion control
measures; the extension of curbs, gutters, paving and sidewalk
improvements on Hitt Road between the end of the existing
improvements and the relocated gate location; and sidewalks and street
trees on Strawberry Lane shall be installed according to approved plans
prior to the signature of the final survey plat. The Hitt Road
improvements beyond the driveway of Lot 5 shall be sufficient to
accommodate the placement of parking bays to accommodate two
parking spaces and associated vehicular circulation, and shall be shown
in the Final Plan submittal.
d) That the installation of driveway approaches shall be completed
according to city standards under permit from the Public
Works/Engineering Department and any necessary inspections approved.
e) The existing sidewalk on Hitt Road snall be extended to the northerly
edge of the Lot 5 driveway's approach.
f) Electric services shall be installed underground to serve Lots 1-5. At the
discretion of the Staff Advisor, a bond may be posted for the full amount
of underground service installation (with necessary permits and
connection fees paid) as an alternative to installation of service prior to
signature of the final survey plat. In either case, the electric service plan
shall be reviewed and approved by the Ashland Electric Department and
Ashland Engineering Division prior to installation.
g) That the sanitary sewer laterals and water services including connection
with meters at the street shall be installed for Lots 1-5.
h) That Amrhein Associates, Inc. shall inspect the site according to the'
inspection schedule of the engineering geology report dated October 12,
2007 provided with the application. Prior to signature of the final survey
plat, Amrhein Associates, Inc. shall provide a final report indicating that
the approved grading, drainage and erosion control measures were
installed as per the approved plans, and that all scheduled inspections
were conducted by the project geotechnical expert periodically
throughout the project.
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 21
i) The landscaping and irrigation for re-vegetation of cut/fill slopes and
erosion control shall be installed in accordance with the approved plan
prior to signature of the final survey plat. Vegetation shall be installed in
such a manner as to be substantially established within one year of
installation.
j) The applicants shall sign an agreement to participate in the future cost of
street improvements for Hitt Road, including but not limited to
sidewalks, curbs, gutters, paving, and storm drains.
k) That the applicants shall complete the relocation of the gate at the end of
the improvements on Hitt Road to the southern extent of the street
improvements. The relocation of the gate will be coordinated with the
City of Ashland Water Department.
8. That prior to the issuance of a building permit:
a) Individual lot coverage calculations including all impervious surfaces
shall be submitted with each building permit to demonstrate compliance
with the lot coverage allocated to each lot. Building footprints,
walkways, driveways including the flag drive for Lot 3, parking areas,
and any impervious surfaces shall be counted for the purpose of lot
coverage calculations.
b) The setback requirements of 18.88.070 shall be met and identified on the
building permit submittals including but not limited to the required
width between buildings as described in 18.88.070.D.
c) Building permit submittals shall clearly demonstrate compliance with the
applicants' proposed "Elevation Height Limits" by providing cross-
sections or elevation drawings with building heights and elevations
above sea level clearly labeled.
d) That a Physical and Environmental Constraints Permit for Hillside
Development shall be applied for and approved in accordance with
18.62.040 for the development of Lot 5 prior to submission or issuance of
a building permit.
9. That prior to the issuance of a certificate of occupancy:
a) That the requirements of the Fire Department, including that approved
addressing shall be installed prior to combustible construction; that a fire
prevention and control plan shall be implemented and maintained; and
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 22
that fire apparatus access, fire sprinklers as proposed by the applicants,
and a fire hydrant shall be installed, shall be addressed.
b) All exterior lighting shall be directed on the property and shall not
illuminate adjacent proprieties.
c) For Lot #3, the applicants shall provide mitigation for the removal of Tree
#31 through on-site replanting, off site replanting, or payment in lieu of
planting as provided for in AMC 18.61.084.
d) Driveways greater than 50 feet in length, which are considered by
definition to be flag drives and thus subject to the flag drive standards,
shall be constructed according to flag drive requirements that a 12-foot
paved width and IS-foot clear width be maintained, and that parking
spaces be configured so that vehicles can turn and exit to the street in a
forward manner.
. Ashland City Council Approval
Mayor John W. Morrison
Signature authorized and approved by the full Council this _ day of November, 2008
Approved as to form:
Date:
Ashland City Attorney
COUNCIL FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Page 23
---"..~~--~- --1
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
A Resolution to Recognize the Conveyance of Property
November 4, 2008 Primary Staff Contact: Richard Appicello
City Attorney E-Mail: appicelr@ashland.or.us
Administration Secondary Contact: Barbara Christensen
Martha Benn Estimated Time: Consent
Question:
Should the City Council approve the resolution titled, "A Resolution to Recognize the Conveyance of
Property and Amending Resolution 85-47"?
Staff Recommendation:
Staff recommends Council approval of attached Resolution.
Background:
In 1985 a resolution was passed dedicating certain lands for park purposes. In December 2007, the
Council approved certain lands for conveyance in Ordinance 2945, which is the Verde Village
Development Agreement. As part of that agreement the dedication of land for park purposes was
removed. The 1985 Resolution shows as an encumbrance on the Verde Village title report. This
resolution is amending the original 1985 resolution to make it clear that the land approved for
conveyance in December 2007 is no longer designated as property for park purposes. This resolution
will remove the encumbrance.
Related City Policies:
City Charter, Resolution Adoption Procedures
Council Options:
(1) Move to approve the resolution.
(2) Postpone consideration.
Potential Motions:
Council: Motion to approve the resolution.
Attachments:
Proposed ordinance
Attachment
Page 1 of 1
rA'
--~_.-----T--- -...--...-----.--
RESOLUTION NO. 2008-
A RESOLUTION TO RECOGNIZE THE CONVEYANCE OF PROPERTY AND
AMEND RESOLUTION 85-47
Recitals:
A. The City wishes to clarify that Resolution 85-47 no longer applies to land that
was' approved for conveyance on December 18, 2007.
B. The City wants to emphasize that the land approved for conveyance is no longer
dedicated land for park purposes or considered park property and therefore is not
encumbered by Resolution 85-47.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. This resolution amends the 1985 resolution as modified by the approval
for conveyance of land by Ordinance 2945 of the City Council on December 18th, 2007..
SECTION 2. This resolution was duly PASSED and ADOPTED this
, 2008, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 1
--~--~.-T--.-~-._--_.__.~_....._-_._~.~ ...._~-_._-_._-
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Agreement with the Waters-Oldani Consulting Group, Inc. For
Professional Recruitment Services
November 4, 2008 Primary Staff Contact:
AdministrationlHR E-Mail:
None Secondary Contact:
Consent Age Estimated Time:
Tina Gray, HR Manager
grayt@~ashland.or. us
bennettm@ashland.or. us
Consent Agenda
Question:
Should the City Council authorize an Agreement with The Waters-Oldani Consulting Group, Inc. for
professional recruitment services at a bid price of $25,000?
Staff Recommendation:.
Authorize the City Administrator to enter into a Professional Services Agreement for the recruitment
and selection of a new Fire Chief.
Background:
Keith Woodley has announced his intent to retire in December 2008. The City would like to conduct a
comprehensive national search to find a successor Fire Chief. The Waters-Oldani Consulting Group,
Inc. was selected through the City of Ashland's competitive bid process based on demonstrated
excellence in the following areas:
· They have a very in-depth screening process and provide a very detailed analysis of the
candidates they recommend as finalists.
· They are a recruitment leader throughout the nation and have a broad network of candidates to
draw from.
· They have a high commitment to placement of minority and female candidates.
· They conduct a thorough background investigation on each candidate that is invited to on-site
interviews.
· They assist with developing and customizing the interview process and questions.
Related City Policies:
None.
Council Options:
1. Move to approve the contract with The Waters-Oldani Consulting Group, Inc.
2. Reject the bid for Professional recruitment services and offer Staff alternative direction.
Potential Motions:
Move to approve and authorize the City Administrator to sign the contract with Waters-Oldani for
$25,000 for a national search for a new Fire Chief.
Attachments:
Request for Proposal (RFP) for Professional Recruitment Services
Page 1 of 1
~.l'
r.,
CITY OF ASHLAND
REQUEST FOR PROPOSAL
PROFESSIONAL RECRUITMENT SERVICES
Proposal Title:
Due Date and Time:
Contact:
Fire Chief Recruitment
5:00 PM, Thursday, October 9, 2008
Kari Olson, Purchasing Representative
Telephone (541) 488-5354
INTRODUCTION
The City of Ashland is requesting proposals from qualified professional firms or
individuals with experience in the development, design and implementation of a
customized recruitment process for the position of Fire Chief.
PROJECT STATEMENT
Ashland's current Fire Chief will be retiring in December 2008 after 17 years as the Fire
Chief. The City wishes to conduct a national search to appoint a new Fire Chief, and
we hope to have a new candidate in place as soon as possible following the current
Chiefs retirement. The City is requesting professional assistance to develop a
recruitment strategy and selection process. The project scope will include development
of a candidate profile, creating a detailed recruitment schedule and a final screening
process to determine the best fit for Ashland. The recruitment and selection process
should be designed with public input and community involvement as a priority.
Consideration should be given to the methods necessary to attract qualified candidates
from varying fire service backgrounds with particular emphasis on rural communities
with slope considerations, interagency cooperation, ambulance operation and forest
land interface.
The successful proposer will work under the direction of the Mayor and City
Administrator or designated project manager to create and develop a strategic
recruitment process. The key personnel assigned to the recruitment process must be
available to manage and oversee the recruitment process from inception to completion.
A thorough professional reference check will be conducted on the potential candidates
being considered for interviews. A thorough background investigation on the finalist will
also be conducted and provided to the City. The successful proposer will also assist the
City in developing the interview questions that will enable the City to successfully
choose the best "fit" for the City of Ashland.
Fire Chief 2008
Page 1 of 3
City of Ashland
The successful proposer will be selected based upon the proposed costs, experience of
key personnel assigned to this project, and a proven track record of successful
recruitments for senior level staff with similar community demographics to Ashland.
Particular attention will be paid to the methodology used in engaging a cross-section of
the community in the recruitment process while still respecting the confidentiality of
applicants. Overall, the project scope will include creating a recruitment schedule and
final screening process that will best serve the interests of the City of Ashland and
enable the City to successfully appoint a new Fire Chief.
PROPOSAL REQUIREMENTS
Proposals are due by 5:00PM, Thursday, October 9, 2008, at the following address:
City of Ashland
Kari Olson
Purchasing Representative
90 N. Mountain Avenue
Ashland, Oregon 97520
· Submit two (2) copies - one original signed copy and one copy - of the proposal
in an envelope marked: City of Ashland, Fire Chief Recruitment.
· Proposals shall contain the required information and provide responses to the
key elements within the Request for Proposal.
· Late and incomplete proposals will not be considered.
ProDosals must include:
· Provide the name, address, and telephone numbers of the firm, including the
name of the primary contact person and his/her telephone number.
· Include the type of organization: Individual or sole proprietorship - professional
Corporation/Association - Corporation - Partnership - etc.
· Provide the age of the firm and professional recruitment history, including any
specialized experience in the area of recruitment services.
· Describe your firm's capacity, capability, and availability to perform these
services
· Provide the list of consultant(s) who will be assigned to this project, including
their individual qualifications and professional record.
· Provide a list of a minimum of three successful senior level staff recruitment's
with similar community demographics to Ashland, including the individuals
assigned to the project, that have been successfully completed within the last five
years.
· Discuss your firm's approach to the recruitment for a new Fire Chief. Address
specifically your leadership and organizational approach to recruitment strategy
development, plpnning, and design processes. Outline specific steps that will be
Fire Chief 2008
Page 2 of 3
City of Ashland
used to involve the public and employees in the process while still respecting the
confidentiality of applicants.
. Present the anticipated project schedule and timeline that addresses the specific
proposed time periods for the completion of each phase of the recruitment.
· Provide potential areas of the proposed recruitment process that the City can
make use of internal resources to contain recruitment costs.
· Provide a fee schedule, including but not limited to the firm's hourly rates for the
key personnel that will be assigned to this project and an estimated maximum fee
"range" that will apply to this project. In addition, provide an outline of the
anticipated reimbursable expense costs that will be incurred during the
recruitment. Billing terms and procedures should also be clearly defined.
. Provide any other factors relevant to this particular contract.
EVALUATION PROCESS
Proposals will be evaluated by the City Administrator, Mayor and members of the City
Council. The City's intent is to award the contract to the proposer whose proposal will
best serve the interests of the City of Ashland, taking into account price as well as
considerations including, but not limited to, experience, expertise, suitability and
responsibility in the areas of professional recruitment services.
After the proposals are reviewed, a short-list of firms or consultants may be contacted
for further evaluation. The City of Ashland may also elect to negotiate with a proposer
to clarify its proposal or to effect modifications that will make the proposal more
acceptable or advantageous to the City of Ashland.
The City's intent is to make their final selection no later than November 4, 2008. Upon a
successful contract award, the City will enter into a contract with the successful
proposer for professional recruitment services with the understanding that work will
commence immediately.
Fire Chief 2008
Page 3 of 3
City of Ashland
PROPOSAL TO
THE CITY OF ASHLAND, OREGON
EXECUTIVE RECRlJIT1vlENT SER\.7ICES FOR FIRE CHIEF
OCTOBER 9, 2008
FiNDING THE RIGHT PERSO]\- FOR THE RiGHT .lOB, GUARANTEED
III II WATERS-OLDANI
.Iij EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group, Inc.
5050 Quorum Drive, Suite 625 Dallas, Texas 75254 800.899.1669 www.watersconsulring.com
IF;))I W ATERS~OLDANI
~. EXECUTIVE RECRUITMENT
A Division of The Waters Q->nsulting Group, Inc.
October 7, 2008
Ms. Kari Olson
Purchasing Representative
City of Ashland
90 N. Mountain A venue
Ashland, Oregon 97520
Re: Proposal - Executive R<<ruitment for Fire Chief
Dear Ms. Olson:
I appreciate the opportunity to submit our proposal for executive recruitment services fOT your Fire Chief.
We are confident that you will be completely satisfied with our comprehensive process and the outcome.
We are so confident in our recruitment process and outcome that we offer a triple guarantee of our
perfonnance, which is described in detail on page 3 of this proposal.
Our team of recruitment consultants (see bios starting on page 8 of the proposal) has provided executive
recruitment services nationwide for over 30 years, principally to public organizations. We have established
a reputation for a relentless commitment to high quality with our process and our candidates.
We know that you have options for using other recruitment frnns. However. we believe that our approach
sets us apan from our competitors in the following imponant ways:
,.. Our Triple Guarantee™ (see page 3);
, Finalistsidenrified within 80 days from the approval of the recruitment brochure and candidate
profile;
, Meticulous development of the candidate profile prior to advertising/marketing (see page 4):
~ Comprehensive, in-depth screening and evaluation of candidates, including the use of our
proprietary, validated assessment - CareerNa,,'igator™ (see page 5);
:;,.. Rigorous review of candidates' references and background (see page 6);
j;;. Our highly-accessed web site (www.watersconsulting.col1l) by prospective candidates;
;.. Our superior nationwide relationships with hig.h-quality candidates for marketing new positions; and
, Within twelve (12) months following your appointment of the successful candidate, we will
administer our 3600 Performance Assessment for no additional professional fee. just project-related
expenses (see page 3).
The proposal document will provide you the details about our approach, expenise. client references, and
pricing for this executive recruitment. Also, jf you have any questions. please contact me directly at
817.965.3911 or by emaiJ at candersonllVwatersconsuJtin2.com.
We would consider it a professional privilege to provide these services to the City of Ashland.
Sincerely,
--_._~ ~
~(~~A~~~
CEO of Waters-oldani Executive Recruitment
A Division of The Waters Consulting Group, Inc.
THE WATERS CONSULTING GROUP. INC. PRODU<..IlVE MANAGEMENT CONCEPTS
5050 Quorum Drive Suite 625 Dallas, Texas 75254 972148 J II 950 972/48 I IJ 951 (Fax) ~~,-~~~:~\'atersconsuJling.com
-Dallas · Seattle · Cleveland · Austin-
TABLE OF CONTENTS
SECTION I - COMMITMENT TO SUCCESS
Page Number
· Project Overview
· Professional Experts
· Role of the Ci!y's Staff
· Our Triple Guarantee
~ . . .. ~ '" .. .. . . .. .. . '" ..............................
2
2
3.
3
SECTION II -- KEY TASKS
· Task 1 Brochure & Advertising
· Task 2 - Identifying Candidates
· Task 3 - Screening Process
· Task 4 - Background Interviews
· Task 5 Finalization of Search
· Project Timeline
Page Number
4
4
5
6
6
7
SECTION III - OUR CONSULTING TEAM
· Overview of Our Consulting Team
· Charles S. Anderson
· Jerrold.Oldani
· Chris Hanung
· Chuck Rohre
· Andrea Battle Sims
· Troy Coleman
Page Number
8
9
10
11
12
13
14
THE WATERS CONSULT1NG GROUP, INC.
P.\GE · 1
SECTION IV - REFERENCES
· Professional References
· Public Safety Recruitments
.~ ~..""'.~.' .....................~~
Page Number
15
16
. . . . . .. . . ... ...... .... . . .. . ~ .. .. . .. . .. .. .. . .. .. .. .
SECTION V - PROFESSIONAL FEES
· Professional Fees
Page Number
19
APPENDICES
· Sample Recruitment Brochure
.. Sample Candidate Spreadsheet
· Sample Candidate Reference
· Sample Final Candidate Repon
· Sample CareerNavigator TN Repon
,.,. -.... ......." . -.... .... ... '.' .......
Appendix
A
B
C
D
E
THE \"(!';\TERS CONSVLTING GROUP. INC.
P.:\GE . 2
SECTION. I
COMMITMENT TO SUCCESS
THE WATERS CONSULTING GROVP, INC.
WWW.WATERSCONSULTING.CO~i 800.899.1669
( , ( ) .\ J \. I I '1- \ 1 1', ~ I - I - () S l (' ( , J ': S S
Our understanding of and experience in tlte public sector coupled with our commitment in
developing pannering relationships witlt our clients are key factors in our long-term success.
PROJECT OVERVIEW
The City of Ashland, Oregon is considering the use of a consulting fIml to assist with the executive
recruitment for its next Fire Chief and has requested a proposal describing a work plan and project
approach from ~aters-Oldani Executive Refruitment (Waters-Oldani),. a division of The Waters
Consulting Group, lnc. Accordingly. we provide the following infonnation for your consideration.
PROFESSIONAL EXPERTISE MAKES THE DIFFERENCE
Throughout the assignment, the Waters-0ldani team will serve as technical advisors to your organization to
ensure that the recruitment process is conducted in a professional manner. The objective of Waters-Oldani
is to generate high-quality candidates and assist you with the screening and evaluation of these candidates.
Due to our extensive professional relationships with hundreds of public sector organizations and
prospective candidates nationwide, Waters-Oldani is positioned to confidently promote your position to
prospective candidates as a positive career and personal growth opportunity.
Since our firm's beginning. we have emerged as a leader in executive recruitment. It is our 30T years of
consulting experience. coupled with our unique approach and personal touch that drives our internal
standard for delivering only outstanding services and leading-edge products. In addition. Waters-Oldani is
positioned as the largest privat~ly-held executive recruitment fmn in the nation with a focus on the public
sector_ This kind of strength will prove to be valuable for your executive recruitment.
With any consulting assignment. but particularly with an executive recruitment project, reliable and timely
communication is fundamental to project success. At key points during the assignment, Waters-Oldani
consultants will communicate by phone, e-mail, or in person. with appropriate leaders from your
organization to discuss the progress of the recruitment and to review subsequent steps in the recruitment
process. These regular status reports are important to ensure success with the recruitment assignment.
We pride oW'Selves in the fact that we bring a high level of personal commitment to everything that we do.
We get to know our clients their concerns for success, their strategic goals and their organizational
culture. But our intense professional commitment does not stop with our clients. We have candidates who
were not selected for positions call to extend compliments and thanks for how they were treated during our
recruitments. Many have stated that we provided the best recruitment experience in which they have ever
participated.
Client satisfaction is important to all organizations, but to our finn, it is our chief focus. In our business.
referrals and recommendations are the keys to success.
C 2008- The Waters Consulting Group. Inc. Page. 2
THIS PROPOSAl. CONTAINS ~OPIUH -\RY P..'f0R.M..J, nON ....-m IS THE SOLE PROPERTY OF WCG. INC
nos PROPOS..u. IS !'-"OT TO BE ItEPRODl'CED fOR .o\NY REASON WITHOUT THE WRITTEN CONSENT OF WCG. IN('
ROLE OF YOUR ORGANIZA TJON'S STAFF
We have a seasoned staff of professionals to deliver quality services with minimal effon required from you.
However, to assist in the project, we ask that your organization designate a Project Manager to serve as
Waters..()ldani"s primary contact for the recruitment assignment. Your Project Manager will facilitate such
functions as coordinating meeting dates, times. and locations and the review of the draft recruitment
brochure and related advertising copy.
OUR TRIPLE GUARANTEE
Our Triple Guarantee is defined as: (1) A commitment to remain with the recruitment assignment until.
. . .
you have made an appointment for the fees and tasks quoted in this proposaL If you are unable to make a
selection from the initial group of Finalists, Waters-Oldani will work to identify a supplemental group until
you find a candidate to hire; (2) Your executive recruitment is guaranteed for two years against voluntary
resignation by or termination for cause of the candidate. Within the fIrst year, the replacement recruitment
will be repeated with no additional professional fee, but only for project-related expenses. During the
second year, the replacement recruitment is reduced to 50% of the professional fee plus project-related
expenses. Candidates appointed from within your organization do not qualify for this guarantee. This
guarantee is subject to funher limitations and restrictions of your state laws. Additional services include a
perfonnance appraisal and review after J 2 months of service of the appointed candidate, with no
professional fee charged to you. If you elect to use this service, the only cost you would incur would be the
reimbursement for any project-related expenses; and (3) Waters-Oldani will not solicit any candidates
selected under this contract for any other position while the candidate is employed with your organization.
ORGANIZA TION INFORMATION
Company Name:
The Waters Consulting Group. Inc.
Company Address:
5050 Quorum Drive. Suite 625, Dallas. Texas 75254
Telepbone Number:
972.481.1950
FaI Number: 972.481.195 J
Date Firm Founded: 1976
Date Incorporated: 1988. State of Texas
Federal m Number: 75-2272138
Contact Person: Charles (Chuck) S. Anderson:CEO of Waters-Oldani Executive Recruitment
Direct Phone,Number: 817.965.391]
Website:
www.watersconsultim~.com
Emait Address: candersonr@watersconsultine..com
o 2008-The Waters Consulting Group, Inc. Page. 3
THIS PROPOSAL CONT.~S PROPJUET-\JtY Do'fORMATlON .<\."iD IS THE SOLE PROPERlY OF W(G. INC
nus PJtOPOS.\L IS NOT TO BE IlEPRODIJCEO FOR A!\o'Y RE....SON \\1THour THE WJUTTEN CONSENT OF WCG. I~
SECTION. II
DESCRIPTION OF KEY T.ASKS
WATERS.OLDANI EXECUTIVE RECRUITMENT -.\ DIVISION OF THE \t'.\TERS CONSULTING GROUP, INC
800.899.1669 · ~~W.~1.\TERSCONSULTING.COM
DALL.\S · .\ USTIN · CLEvEL.\ND · SE.\ TTLE
I ) I. S ( , I < I I) I I ( ):\ () I: 1'- J., '1' - I . , \ S I, S
The following is intended to describe the key tasks associa1ed
with our approach to executive recruitmenL
TASK I
RECRUITMENT BROCHURE DEVELOPMENT AND ADVERTISING
The important first step in the recruitment process involves the development of a comprehensive
recruitment brochure with a profile of the ideal candidate. including the required qualifications,
. .
professional experience, personal characteristics, and other factors related to success in the position of Fire
Chief. The recruitment brochure will also have a profile of your community and organization. To prepare
the recruitment brochure. the Lead Consultant will come on site to meet with your leadership team to
discuss the required background and experiences for the new Fire Chief. We will also request
organizational chans, budgetary infonnation. operational reports, and other documentation describing the
community, organization, current issues. and responsibilities of the position.
The draft recruitment brochure will be presented to you for review and fmal approvaVedits prior to its
publication and distribution via online and regular mail to prospective candidates.
In order to conduct an open recruitment and to encourage applications from a diverse pool of candidates,
Waters-0ldani wiIJ work with you to develop an advenising and marketing strategy to notify potential
candidates about the vacancy. Advenisements wiH be placed in appropriate professional publications, local
newspapers of record and web sites as approved by you. Draft ads will be submitted to your organization
for approval prior to publication. Waters-Oldani has a highly-accessed web site.
www.watersconsulting.com. and targeted e-mail (searchttl1watersconsultimtcom). We will use all available
resources to communicate directly with prospective candidates. The aggressive advenising and marketing
campaign for top talent wiJJ include national, state. regional. and local elements as detennined during our
initial meetings with your organization. Our presence at appropriate public sector conferences will be used
to further promote the position.
An effective advertising strategy will help to ensure that we conduct an open recruinnent with appeal to a
diverse array of candidates. Waters-Oldani will take an necessary steps to protect against discrimination in
the screening and selection process.
TASK II
EXECUTION OF RECRUITMENT STRATEGY
AND IDENTIFICATION OF QUALITY CANDIDATES
Using the information developed in Task I. Waters-Oldani will identify individuals who would be
outstanding candidates for the position of Fire Chief. Often, well-qualified candidates are not actively
seeking new employment and wiJI not necessarily respond to an advertisement. However. if a potential
candidate is presented with the opportunity directly and in the proper manner, he or she may apply. We
take pride in our ability to locate highly qualified candidates across the nation based on our professional
o 2008-The Waters Consulting Group. Inc.
THIS PROPOSAL CONT..uNS PItOPRIET.... 't. INfORM." nON ."-"-'1> IS THE sou PROPERTY OF W(,G, INC
THIS PROPOSAl IS NOT TO 8E kEPl.OOllCED FOR Am'RE,""SON \\lTHOlJT THE WRITTEN CONSENT Of WCG, IN(
Page. 4
contacts and relationships. We have also established networks with minority and female leaders throughout
the nation and are proud of our record of placement of minority and female candidates. Waters-Oldani has
adopted a corporate policy of equal employment opportunity and will not participate in any recruitment
etTon where these principles are not followed. In addition, we are charter members of NFBPA and its
Business Advisory Committee ~d the Hispanic Network.
We believe tbat one of the strengths of the Waters-Oldani recruitment process is our attention to tbe
candidates during tbe process. Each candidate submining a resume is sent a timely acknowledgement by
Waters-oldani, giving an approximate schedule for the recruitment. Funher communications are
. .
maintained with each candidate regarding information about the recruitment progress and their status in the
process. We take pride in the many complimentary comments made by candidates regarding the level of
communication and tbe professional manner in which they are treated during our recruitments, which is
also provides a positive reflection on your organization
TASK III
SCREENING OF APPLICANTS, INITIAL INTERVIEWS, AND RECOMMENDATION OF
FINALISTS TO CLIENT
Our recruiting efforts in Task II identify a significant number of applicants. depending upon the position
and the availability of candidates witb the requisite experience and skills in the marketplace. Task III is
where our Lead Consultant screens the candidates against the criteria within the candidate profile and
develops a Ust of Semi-Finalists who meet or exceed the criteria.
The Lead Consultant will then meet with you as the client to develop a group of candidates for personal
interviews with the Lead Consultant either by phone, in person or videoconference. Our interviews are
conducted with a set of questions developed by Waters-Oldani to evaluate professional experience and
managementlleadership characteristics considered relevant for the candidate profile for your position.
As a part of our thorough screening of candidates, we also utilize our content-validated behavioral
assessment and success profile system CareerNavigator™. Our approach to recruitment features a content-
validated competency model that measures the core competencies of public sector executive
mangers/leaders with a comprehensive psycbological assessment. This helps to identify those
competencies that are proven to make a candidate much more likely to be successful in a position of
executive management and leadership.
I.n addition, CareerNavigator™ generates specific questions for individual candidates based upon their
responses to the assessment. These questions are included in the in-depth interview conducted by the
Waters-QJdani Lead Consultant.
At the conclusion of our interview process, we will meet with you to discuss a group of potential Finalists
for you to invite for on-site interviews with an interview panel that you select. Typically, four to six
candidates are selected for these interviews.
C 2008- The Waters Consulting Group, Inc. Page. 5
nns PROPOSAl CONT.#JNS PROPRfETo\RY 1"Sf00000o\TJON I\ND IS THE SOLE PROPERTY Of WCG. IN<'
THIS PROPOS..lU.IS NOT TO BE REPRODVCEO FOR "N...RE....SON W1THOl1T THE \\'JUTTEN CONSENT Of WCG. .J!'IIe
TASK IV
CONDUCTING BACKGROUND CHECKS, REFERENCE CHECKS
AND ACADEMIC VERIFICATIONS
Once you approve the group of Finalists for on-site interviews, Waters-Oldani will begin the process to
conduct reference checks, background checks and academic verifications. Contact is then made with
selected references and sometimes with others in the specific industry that may know of additional
accomplishments and work experiences of the candidates. The purpose of the reference interviews is to
allow Waters-Oldani to complete our understanding of the work experience, professional perfonnance and
personal characteristics of the Finalists,
For the background checks, Waters-Oldani is pleased to partner with PSJ Investigation Services in to gather
infonnation about the candidates in the following areas:
.
Consumer Credit
County Criminal
County Civil Litigation
Judgrnentrfax Lien
Motor Vehicle
.
Bankruptcy
State District Superior Court Criminal
State District Superior Court Civil Litigation
Federal District Criminal
Federal District Civil Litigation
.
.
.
.
.
.
.
.
TASK V
FINAL INTERVIEW PROCESS
Upon completion of Task IV, we wiJI work with you to develop the final interview process. We will also
send you documentation on each of the fmalists, which will provide the highlights of their professional
experience and leadership/management profile, and a summary of the results of the reference checks.
background checks and academic verifications. In addition, the report will include guidelines for
interviewing the candidates, suggested interview questions, and a rating process for your interview
panel(s). Our Lead Consultant will participate in fmal interviews as either an observer or active panel
member at your request and wm be available to answer questions and assist you in the final evaluation and
selection of the successful candidate. In addition, if you request the service,-our Lead Consultant will assist
you with the development of a compensation package and related employment considerations, and assist
with the negotiations.
02008- The Waters Consulting Group~ Inc. Page. 6
nus PIlOPOS,4.L ('01','1 MNS PIlOPlUET AAY INFORM." TION ,-\1''0 IS THE sou PROPERTY Of W('G, (NC
T1fIS PROPOSAL IS NOT TO BE R.EPR0Dl!CED FOR .~ RE.4.SON \\'JTHOlJT THE W1UTTEN CONSENT OF WCG, IN('
EXECUTIVE RECRUITMENT PROJECT TIMELINE
Below is an estimated TimeJine for the executive recruitment process. You win be asked by the Lead
Consultant during the first on-site meeting to review and approve a Timeline for the recruitment project. It
is our intent to conduct the recruitment expeditiously. but not at the expense of fmding high-quality
candidates for you. Howe\'er, we commit to you to deliver a group of Finalists for your consideration
witbiD 80 days from tbe date that you approve the recruitment brochure aDd candidate profile. To
ensure tbat our quality standards are maintaiDed, we do require a minimum of ten business days
betw~D tbe time that you select t~e candidates for on-site int.erviews and when we send rou the Final
Book for your final interview process.
Description of U;"uks
Key ProJect 01 02 03 04 05 06 (fi 08 09 10 11 12 13
Phases IT asks
P host 1 Task 1
Recruitmen t
Brochure !
Development I
& .:\dvertisin~
Phase II , Task 2
Recruitment
Strategy and I
Identification of I
Candidates
Task 3
Screening
Process and
Recommendaoon I
of Finalists for On-
site Interv1eu:'s.
Task 4 I
Background
Checks/ Reference
Checks I Academic I I
!
V erifica lions
Phose III Task 5 I I
Final Intervleu' I
I
Process I
C 2008- The Waters Consulting Group, Inc. Page. 7
nos PROPOS,~ (O~'TAfNS PROPIUErQ\'OOORM"T10N..,,,"D IS THE SOLE PROPERn' Of weG. IN('
T1iJS PROPOSAllS NOT TO BE REPRODUCED FOIt ANY Rf.. ..,SON ~lTHOVT THE W1UTTEN CONSENT OF WCG. lNC
SEC:TION . III
OUR CONSULTING TEAlVI
WATERS-OLDANI EXECUTIVE RECRUITMENT -..\ DIVISION OF THE \X'.\TERS CONSULTING GROUP. INC
800.899.1669 · W\l'W.W.\ TERSCONSUL TING.COM
D.\LL..\S · ..\ USTIN · CLEVEL.\ND · SE.\ TTLE
AN OVERVIEW OF OUR CONSULTING TEAM
Waters-Oldani places a high priority on meeting the needs of our clients. Therefore. at the outset of the
recruitment process, we will tailor our approach to address the issues unique to your organization' s
working environment. For each recruitment project we assign a Lead Consultant and a team of support
professionals to carry out assignments in an effective and efficient manner. What fonows are brief
biographical descriptions of the members of our consulting team.
o 2008-The Waters Consuhing Group, Inc.
THIS PROPOSAl. CONTAINS PROPlun l,Jl\ p..'fOllM.a. nON .~"'lO IS THE SOLE PROPERTY OF WCG. INC
nos PROPOSAL IS NOT TO BE RE.PRODlJCED FOR ANY kE.-\SON WITHOlfT mE WJUTTEN CONSENT OF w("o. tNC
Page. 8
( II "H I '" 1( Ifl ( ".(~" \,\PI 1<"-.0',.
(l!H11\~'Ii!I' ldll~11
\ \ ,t It" i" ( n d ,tI j ~ I ,\" 1111\ I H \. l I III i III ~ II t l)j \ I ~ 1011
Charles (Chuck) S. Anderson is the Chief Executive Officer for the Waters-Oldani Recruitment Division
within the Waters Consulting Group (WCG). In this role he also is a senior consultant within the HR
Consulting Division for projects related to organizational design and development, strategic planning, and
leadership/management development.
Prior to joining the WCG, Chuck worked for local governments and public education. including City
Manager for Dallas, Texas; Executive Director for the Dallas Area Rapid Transit (DART); and Executive
Director for the Michigan Education Association. "
Chuck also served as Director for Loea) Government Refonn for the International City/County Association
(leMA), managing a U.S. government contract for the planning and delivery of technical assistance to
local governments in Central and Eastern Europe. His last assignment in this role with leMA was to recruit
and supervise a team of technical consultants to assist in re-building local governments in Bosnia following
agreement on the Dayton Accords.
Owing his service with the Michigan Education Association, Chuck also served as Senior Consultant for
Urban Planning and Management for Michigan State University's Institute for Public Policy and Social
Research.
Areas of Expertise
· Executive Recruitment
· LeadersbiplManagement Development
· Organizational Design
· Organizational Development
Professional Accomplishments and Education
Chuck received a Bachelor of Arts degree in political science and human resources management and a
Masters of Public Administration degree from the University of Kansas. He received the prestigious L.P.
Cookingham A ward for Development of Young Professionals from the International City/County
Management Association (leMA) and the Minority and Women Advancement Award from the American
Public Transit Association (APT A). He was also recognized as Public Administrator of the Yearby the
American Society of Public Administration (ASPA) and Outstanding Management Innovator (Honorable
Mention) by ICMA. Chuck was recognized in 2007 with the Lifetime Achievement A ward from his Public
Administration Alumni Association at the University of Kansas.
II~WATERS'OLDANI
UIIt EXECUTIVE RECRUITMENT
A Division of"Tbe Waters Consulting Group, Inc.
o 200S-The Waters Consuhing Group,lnc. Page. 9
nus PROPOSA.L. rom AeiS PROPRIET.tJlY INFORM.4 TJON .~l\lD IS THE SOlE PROf'ERn' OF WCG. INC
nus PROPOSAl. IS NOT TO BE REPRODUCED FOR ANY RE.ASON "'TTHOVT THE WlUTTEN CONSE"'T Of WCG. IN("
.11 l{1{(}I Il i II l~l~\ I {>I H \"
"'l'lIlOl \Ill Pllqclllll
Jerry Oldani's expertise and perso.nal attentio.n to. client needs exceeds traditio.nal appro.aches to. executive
search. His search leadership reflects his extensive background in co.rporate management, human
reso.urces, co.nsulting and community service. He o.ften serves as an expert panel member at professio.nal
symposiums in the area o.f executive search. His ski11 at conducting analyses af co.mplex public sectar
organizations sets the industry standard. His insights into. both corporate and public secto.r management
and thorough research and evaluation of candidate's backgrounds have become hallmarks of the firm. For
the last several years, Jerry has led the public sector search discipline in the placement of "women and
peo.ple of color," averaging over 47% of their total placements.
With more than 35 years in executive search for -the public sector. Jerry delivers solid and proven
perspectives regarding human resources management, organizational analysis and executive search to the
discipline. He has been a leading force in developing effective diversity-based recruiting methods,
utilization of citizen groups in the recruiting processes and meeting the needs of public sector clients. His
private sector focus has been in senio.r and executive level search for sales and marketing, human resources,
finance and technical management personnel. Jerry. with the assistance of a dedicated staff, pioneered the
use of a two. year guarantee period and advanced recruiting brochures in the industry.
Areas of Expertise
· Executive Recruitment
· Organizational Analysis
· Diversity-based Recruiting Methods & Techniques
· . Conflict Resolution
Professional Accomplisbments and Education
Jerry received the Bachelor's af Arts in Public Administration degree from the California State University
at No.rthridge and completed graduate studies in Industrial Psycho.logy at the University o.f California at
Los Angeles. He began his human resources career as Perso.nnel Director at Univar Corporation. He was a
Charter Member of the Business Advisory Council to. the National Forum far Black Public Administrators
(NFBPA) and Founding Member of the Hispanic Network.
A decorated Viet Nam Veteran and Captain in the Marine Corps. Jerry has also held numerous positions of
community leadership to include: Library Co.mmission - City of Sunnyvale; Parks Board - City of
Mountain View. California; Santa Clara Valley Rental Housing Mediation Authority and the Santa Clara
Valley Minority Relations Resolution Gro.up; BeUewe, Washington Fonn o.f Governance Co.mmittee; King
County Metro Co.nsolidation Comminee; Bellevue Parks Board; Board o.f Directors Pacific Northwest
Baseball Umpires Association; and Board of Directors Pacific Northwest Football Officials Associatio.n.
11r;JJ1 WATERS,OLDANI
L!Ih EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group, Inc.
C 2008-The Waters Consulting Group, Inc. Page. 10
THIS PJtOPOS.lIJ. c-OJllT"UNS PROPRJET.UY 1NFORM,...nON A..''D IS THE sou: PROPERTY OF W(,G. IN('
nus PROPOSAL IS NOT TO BE R.EPRODUCED fOR ANY RE.UON WITHOUT THE. WRITTEN CONSENT Of WCG. tNC
c. ( IIH''', If \H! 1'\(
.....(11101 ( 1I11"lJILtllt
Chris Hartung is A Senior Consultant for The Waters Consulting Group, Inc. (Waters-Oldani). In his role,
he is responsible for managing and conducting executive recruitment assignments for the finn. Chris has
more than 35 years of experience in managing and consulting in both the private and public sector. He has
served as Director of Finance. Assistant City Manager, and City Manager in full service municipalities with
populations ranging from] 5,000 to ]60,000. Mr. Hartung served for 8 years as City Manager of Demon,
TX.
Chris joined Waters-Oldani in October 1997. He has conducted management-consulting assignments in a
number of areas including compensation planning and implementation, strategic planning, organizational
~ffing, total quality management, and executive recruitment. He has written and presented training in a
number of subject areas including performance evaluation, leadership and management sk.iJls, and customer
relations.
Areas of Expertise
· Executive Recruitment
· Classification and Compensation Studies
· Skill-based Pay
· Employee Surveys
· Customer Service Training
· Leadership Training
Professional Accomplishments and Education
Chris received his bachelor's degree in government from Southern Methodist University and his master's
degree in public administration from the University of North Texas. He has conducted lectures and
seminars for Texas A&M University. the University of Texas at Austin, the University of Texas at
Arlington, and the University of North Texas. Chris is on the faculties of the BiJI Blackwood Law
Enforcement Management Institute of Texas (LEMl) and the Certified Public Manager Program (CPM),
which is managed by the faculty at Texas State Universit),. San Marcos. Chris is also fully certified to
administer ASSESS Strategic Success Modeling by the professional organizational psychologists at Bigby,
Havis & Associates - a nationally known, accredited and respected finn.
II~I' WATERS,OLDANI
L!IL EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group, Inc.
o 2008-The Waters Consulting Group, Inc. Page. 11
nos PROPOSAL com AlNS PROPIUET.U.... INfOtlM.<\ TION....'ID IS THE SOLE PROPERn OF W(,G. IN('
THlS PROPOSAL IS NOT TO BEREPJtODllCED FOR .-.JIo'Y REASON "lTHOUT THE WRITTEN COSSENT OF weG. IN('
( II t ( h I( ( H 11< f
""lflllt' ( 1l1l."llLlIH
Chuck Rome is a Senior Consultant for The Waters Consulting Group, Inc. (WCG). In this role, he is
responsible for managing and conducting executive recruinnent engagements fOT the finn to insure their
integrity, timeliness and adherence to budget parameters. Chuck has more than 30 years of experience in
managing and consulting in both the private and public sectors. He has served as Police Chief and Director
of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 plus. Prior
to beginning his consulting career, Mr. Rome served for three years as Police Chief of PIano, Texas.
Chuck joined the firm in January 2006 following a ] 3-year engagement with another nationally recognized
public sector search finn where he managed the Texas and Southwestern operations. He has an extensive
and successful track record of completed recruitment across the Ration, primarily in the Midwestern and
Southwestern states. He bas also conducted management-consuJting assignments in a number of areas
including public safety. career development and strategic planning. He has written and presented training
in a number of subject areas including personnel assessment, leadership and management skills. and career
development for public sector employees.
Areas of Expertise
· Executive Recruinnent
· Background Investigations
· Assessment Centers
· Career Development
· Law Enforcement Management and Training
Professional Accomplishments and Education
Chuck received his Bachelor's degree in Career Development from the Dallas campus of AbiJene Christian
University and his Master's degree in Human Relations and Management from the same institution. He has
completed advanced management training at the Institute for Law Enforcement Administration and now
serves on its adjunct faculty and advisory board. Chuck completed the Federal Bureau of Investigation's
prestigious LEEDS course at Quantico, Virginia. He is a veteran of the United States Anny, serving in the
United States and the Republic of Viet Nam.
11r.iii~ W ATERS,OLDANI
L!IIJ EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group. Inc.
o 2008-The Waters Consuhing Group, Inc. Page. 12
THIS PROPOML CONHJNS PROPRIETARY rNfO"Mo\TION A."'-'D IS THE sou: PROPERTY OF WCG ('1:("
nos PROPOSAl. IS NOT TO BE ItEPROO\JCEO FOR .-.NY IlEASON wtnfOl.,'T THE \\'JUTTEN CONSENT OF WCG. NC
\'Ill<l \ B \ 1111 '1\1~
'\l 1110 r ( 011" Ii l! .11l t
Andrea Battle Sims has been working in executive search for over six years, managing aU phases of the
search process for municipal, county, state and non-profit organizations. focusing on the East, Midwest and
Mid-Atlantic regions with numerous searches for a number of governmental and non-profit executives
including: City and Assistant City Managers. Library Directors. Chief lnfonnatioD Officers, Police Chiefs,
City/County Attorneys, Parks & Recreation Directors, Finance Directors and Workforce Development
Executive Directors.
Andrea is an experienced professional with over twenty years of prior experience in Information
Technology. EDP Audit and Management experience in both the public and private sector. Her local
government leadership roles include serving as the IT Director at Cleveland Public Schools with a staff of
50; Deputy Director of IT at Cuyahoga County with a staff of 70. In addition, her county experience
includes creating a start-up venture to sell public computer access to the legal community. Ms. Sims has
held management positions at AT&T, Progressi ve Insurance. and National City Bank managing IT proje-ets
as well as IT professionals, along with serving as an internal consultant/auditor. She has successfully
managed IT professionals through the change process from legacy to client-server technologies including
both private and public sector Year 2000 implementations.
Areas of Expertise
· Executive Search
· Recruitment and Retention Training
· Information Technology
· Organizational Assessment
· Strategic Planning and Implementation
· Project Management
· Process Improvement
Professional Accomplishments and Education
Andrea~s educational background includes a Bachelor of Arts in Mathematics from Spelman College,
Atlanta Georgia and a Master of Science in Operations Research from The Wharton School at the
University of Pennsylvania, Philadelphi~ Pennsylvania. In addition, her post-graduate education includes
numerous IT and management courses and seminars and certification from the Leadership Academy at
Cleveland State University, Andrea's current and past civic involvement includes the Board of Trustees at
the American Cancer Society, Cuyahoga Unit; Junior League of Cleveland, along with leadership positions
with the Links, Inc.. the Spelman Alumnae Association, and Delta Sigma Theta, Inc.
11r.5~ WATERS-OLDANI
Uih EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group. Inc.
C 2008-The Waters Consulting Group, Inc. Page. 13
THIS PROI'Os..tU. CONVJNS PROPJUET A.R't' n-.TOkMA nON .4.11,'0 IS THE SOlE PROPERn' OF \\'(0. NC
nus P1\0I'0S.fd. IS NOT TO BE REPRODUCED FOR ANY IlEASON WITHOUT THE \\1UTFEN CONSElIo'T OF \\'CG. lNC
!I{(l\ (()J ~ \} ,'\ I'h P
....l III q i ( II I I'd jiLt III
Troy has more than 25 years of impressive professional and executive level human resources experience.
Before joining Waters Consulting Group. Inc., Dr. Coleman was most recently the Associate
Superintendent for Human Resource Services with the Dallas Independent School District, where he
designed and managed program efficiencies and automation to support employee on-boarding, and
employee relations and mediation services. He designed and managed a nationally recognized program
focused on international recruitment and selection of teachers, professionals and administrators to staff the
10,OOO-member teacher group and more than 20.000 total employees in the district.
He served as Human Resources Director for the City of Dallas. Texas. Dr. Coleman was Senior Vice-
President for Htm',lan Resources fOt an eCommerce business, and he has held various human resources
posts in higher education and in local and federal government. He was a lecturer in Organizational
Behavior and Personnel and Human Resources Administration at the University of Texas, Arlington;
CoUege of Business Administration; and Southern Methodist University, Cox School of Business, where he
also lectured on Alternative Dispute Resolution.
lbroughout his career, Dr. Coleman has designed and led organizational development engagements on
Organizational Change, Workplace Diversity. Conflict Management, and Employee Relations. He
successfully facilitated dispute resolution and mediation processes involving disputes between
police/public safety agencies and the communities they serve, employee disputes over diversity issues at
worlc.~ EEO/Affirmative Action matters affecting companies and government agencies, differences between
governing bodies and executive leadership teams, employee relations issues regarding pay and work
conditions, and general interpersonal relations disputes. He was a faculty member with leadership
institutes at George Washington University and the National Forum for Black Public Administrators.
Areas of Expertise
· Recruitment and Selection
· Pre-employment and Promotional Testing and Assessments
· Workplace Diversity and Inclusion Programs
· Training and. Organizational Development
· EEO and Equity Systems Analysis and Design
· Mediation and Conflict Resolution Training
· Competency-based Performance Achievement Programs
Professional Accomplishments and Education
For more than 12 years with his own firm, Dr. Coleman successfuJly designed and facilitated diversity
training programs and services for federal and local governments. police, fire and public safety agencies,
corporate businesses, and he has lectured at national conferences on the subject of managing diversity in
the workplace. He has also managed projects that incorporate diversity and community relations with
communities experiencing demographic and social change.
He earned his doctorate from the University of North Texas and his master's and bachelor's degrees from
Texas A&M University, Commerce. He has been a Licensed Professional Counselor, and he is an active
member oftbe American Psychological Association.
Ilal WATERS,OLDANI
U!h EXECUTIVE RECRUITMENT
A Division of The Waters Consulting Group, Inc.
o 2008-lbe Waters Consulting Group, Inc. Page. 14
THIS PROPOS!u. COI'rUINS PROPRfET.U Y INfOR.M.~ nON .-\ND IS THE SOlE J>ROPEJUY OF \\'("G, IN<'
THIS PROPOS.~lIS NOT TO BE kEPltODUC'EO fOR A..."'ff ItEASON WTTHOl:'T THE WllfTTEN CONSE~'T OF WCG, IN('
SECTION. IV
PROFESSIONAL REFERENCES
~ATERS-OLDANI EXECUTIVE RECRUITMENT -.\ DIVISION OF THE WATERS CONSULTING GROUP, INC.
800.899.1669 · W\V~'.W.\TERSCONSULTING.COM
DALL.\S · ;\USTIN · CLEVELAND · SE.\TTLE
I) 1,( ( ) I J., S S I ( ) :'\ . \ 1, I < I . t I 1 < I.: '\ <. ' 1 . \
· Village or Oak Park, Illinois
(708) 358-5652
Mr. Frank Spataro
Human Resources Director
Project: Selection of Fire Chief and Police Chief
(Conducted by Jerry Oldani)
· City of SaD Jose. California
(94]) 955-2508
Mr. Del Borgsdorf
FOrlner City Manager
Project: Selection of Fire Chief and various
other senior level depanment director positions
(Conducted by 'erry Oldani)
· City of Lubbock, Texas
(806) 775-3000
Ms. Lee Ann Dumbauld
City Manager
Project: Selection of Fire Chief and various
other senior level department director positions
(Conducted by Chris Hartung)
· City of La Grande, OR
(54]) 962-] 309
Mayor Colleen Johnson
Project: Selection of City Manager
(Conducted by Jerry Oldani)
· City of Bend. OR
(541) 388-5502
Mayor Bruce Abernathy
Janice Grady
Human Resource Manager
Project Selection of City Manager
(Conducted by Jerry Oldani)
· City of Arlington, Texas
(817) 459-6JOI
Mr. Jim Holgersson
City Manager
Project: Selection of Fire Chief and various
other senior level department director positions
(Conducted by Jerry Oldani)
· City of Borst, Texas
(817) 788..7026
Mr. W. Allan Weegar
City Manager
Project: Selection of Fire Chief
(Conducted by Jerry Oldani)
· City or Lewisville, Texas
(972) 219-3400
Ms. Donna Barron
Assistant City Manager
Project: Selection of Fire Chief
(Conducted by Chris Hartung)
· City of Virginia Beach, Virginia
(757) 427-4242
Mr. Charlie Meyer
Project: Selection of Chief Operating Officer.
Assistant City Manager/CFO and Chief
Development Officer
(Conducted by Andrea Sims and Jerry Oldani)
· City of Milwaukee. Wisconsin
(414) 286.5066
Ms. Cassandra Scherer
Human Resource Representative
Project: Selection of Fire Chief
(Conducted by Andrea Sims)
· City or AnD Arbor, Michigan
(734) 994-2655
Mr. Roger Fraser
City Manager
Project: Selection of Fire Chief and various other
senior level department director positions
(Conducted by Jerry Oldani)
· City of Carrolltoo, Texas
(979) 764-35] 7
Ms. Beth Bonnan
Assistant City Manager
Project: Selection of Fire Chief and various
other senior level department director positions
(Conducted by Jerry Oldani)
· City of Los Angeles, California
(203) 797-45 J J
Mayor Mark Boughton
Project: Selection of Fire Chief and various
other senior level depanment director positions
(Conducted by Jerry Oldani)
· City of Bellevue, Wasbington
(425) 452-6817
Ms. Catherine LaircL Director of Human
Resources
Project: Selection of Emergency Preparedness
Manager
(Conducted by Jerry Oldani)
C 2008-The Waters Consulting Group, Inc. Page. 15
THJS PROPOS.o\1. ('ONT AlNS PIlOPIUET U)' n.'FORM.o\ nON M'D IS mE SOlE PROPERTY OF W(,G. INC
nos PROPOSAl. IS NOT TO BE JlEPRQDlICEO FOIl A.""" RLo\SON WlTHOlrr THE WJUTTtN CONSENT OF W(,G. INC
A SAMPLING OF PUBLIC SAFETY RECRUITMENTS
Albany, Oregon
· Ann Arbor, Michigan
· Arlington. Texas
· Auro~ Colorado
· Austin, Texas
Chief of Police
Fire Chief
Fire Chief (2)
Chief of Police
Assistant City Manager. Public Safety
Chief of Police
Chief of Police
Chief of Police (2)
Chief of Police
Fire Chief
Chief of Police
Deputy Fire Chief
Police Chief
Fire Chief
Chief of Police
Chief of Police (3)
Fire Chief (2)
Police Chief
Fire Chief
Chief of Police
Director of Safe . & Risk Mana ement
Fire Chief
Director of Public Safety Services
Police Chief
Police Chief
Director of Police
Police TechnoJo Director
,Chief of Police
Director of Public Safety
Chief of Police -
Director ofPoJice Services (Chief)
Fire Chief (2)
lnfonnation T echnolo 'Manaaer
Assistant Fire Chief
Police Chief
Chief of Police
Chief of Police
Police Chief
Chief of Police
Assistant Fire Chief (2)
Director of Public Safety
· Bedford~ Texas
· BeHevue, Washington
· Bloomington, Minnesota
· Boise, Idaho
· Bothell, Wasbington
· Boulder, Colorado
· Bryan, Texas
· Carrollton, Texas
· Chandler, Arizona
· College Station, Texas
· Coppell, Texas
· Corpus Christi, Texas
· DaUas. Texas
· Decatur, Illinois
· Denton, Texas
· DuncanviUe, Texas
· East Orange, New Jersey
· Edmond, Oklahoma
· Eugene, Oregon
· Farmers Branch, Texas
· Federal Way, Washington
· Fremont, California
· Greenwich, Connecticut
. Hampton, Virginia
· Hartford, Connecticut
· Hermisto~ Oregon
. Hobbs. New Mexico
· Irving, Texas
. Kent, Washington
· King CountylSeatt)e. Washington
Joint A enc
· Kirldan~ Washington
Chief of Police
U . Fire Chief
Fire Chief
Fire Chief
· Lake Oswego, Oregon
· Las Vegas, Nevada
C 2008- The Waters Consulting Group, Inc. Page. ) 6
nus PROPOSAL CONT AlNS PROPRIET ARY INfORMATlO'N ......."'lD IS THE SOLE PROPERTY Of WCG. f!\o'('
nos PR.()P()SAL IS NOT TO BE 1tEPRODUCED FOR ANY. REASON WITHOUT THE WRI~N COSSENl OF ",CG. IN("
Little Rock. Arkansas
· Los Angeles. California
Chief of Police
Chief of Police
Fire Chief
Fire Chief
Fire Chief
Police Chief
Fire Chief
Fire Chief
Police Chief
P.olice Chief
Fire Chief
Chief of Police
Fire Chief
Director of Police Services (Chief)
Fire Chief
Chief of Police
Police De ent Succession Plannin Pro'ecl
Deputy Police Chief
Fire Chief
Emergency Management Coordinator
Chief of Police (3
Fire Chief
Chief of Police
qirector of Homeland Security
Police Chief
Chief of Police
Fire Chief (2)
Police Chief
Chief of Safety and Security
Chief of Police
Ci Mana er
Fire Chief
Deputy Director of Public Safety/Chief of Police Services
Police Chief
Assistant Director of Public Safety
Director of Public Safe
Fire Chief
Police Chief
Deputy Fire Chief
Police Chief
Police Chief
Chief of Police
Police Chief
· Lubbock. Texas
· Milwaukee. Wisconsin
· Minneapolis, Minnesota
· Missouri City, Texas
· Modesto, California
· New Braunfels, Texas
· Norfolk, Virginia
· Oak Pa.rIt. lJIino is
· Oakland, California
· Oklahoma City. Oklahoma
· Peoria., Arizona
· Piano. Texas
· Ponca City, Oklahoma
· Pon Arthur, Texas
· Pon of Los Angeles, CA
· Prescott Valley. Arizona
· PuyaUup, Washington
· Redmond, Washington
· Richmond, California
· Roanoke RegionaJ Airpon (V A)
· RoseviUe, Minnesota
· Round Rock, Texas
· Southlake, Texas
· Somerville, Massachusetts
· Sunnyvale, California
· Surprise, Arizona
· University Park. Texas
· V ictoria, Texas
· Waco, Texas
· WashougaJ. Washington
~
o 2008-The Waters Consulting Group, Inc. Page. 17
rnJS PftOPOS.tJ. ("ONT AJNS PltOPllJETA.ltY INFORM"OON .,,-l',l[) IS THE SOLE PROPERTY OF WCG. C\,("
nos PROPOS.tJ. IS NOT TO 8l REPRODtlCED fOR ANY 1lE...SON WITHOlIJ THE WRITTEN CONSENT OF WCQ, IN("
SECTION. V
PROFESSIONAI-J FEES
"'.\TERS-OLDANI EXECUTIVE RECRUITMENT - A DIVISION OF THE W.ATERS CONSULTING GROUP, INC.
800.899.1669 · ~'W.W.-\ TERSCONSUL TING.COM
DALLAS · AUSTIN · CLEVEL\ND · SE.\ TTLE
!>I\()I-1 >,SJ()'\,\I, }'I:I.\
The professional fee to conduct the recruitment is listed below. Expenses are not included in the
professional fees and are billed separately as incurred. Project-related expenses are estimated at $7,500.00
per recruitment and include, but are not limited to: job posting and advertising fees on various Web sites
and classified advertising fees in printed publications; consultant travel expenses; criminal
history/crediUdriver's license checks; printing and production of necessary materials such as brochures.
profiles and final reports; transportation; telephone fees; shipping and postage. Travel expenses incurred
by candi~ates are not the responsibiliJY of Waters-Oldani. Expemes will be biHed for the foJJowing areas
and are estimated below:
· Advertising S I 500.00
· Consultant Travel $2000.00 (mileage and lodging/subsistence)
· Brochure Development and Mailing $1500.00
· Printing and production of various items including reports $1000.00
· Background investigative reports/assessments $) 500.00
Tbe professional fee will be billed in four installments; 300/. of tbe fee will be billed at the beginning
of the search; 300/. at the implementation of Pbase II; 30% at tbe implementation of Phase III; and
tbe final 100,10 upon acceptance of offer by the candidate.
If candidates from this recruitment process are selected for another position within your organization within
one year of the close of the recruitment, a fee of 50% of the above mentioned proposal amount wiJ) be due
to Waters-oldani Executive Recroitment.
If selected for this recruitment,. Waters-Oldani is willing to negotiate a not-to-exceed amount. including
expenses, jf requested by your organization. All questions regarding the professional fees and project-
related expenses should be directed to Chuck Anderson, CEO of Waters-Oldani Executive Recruitment
Division at canderson(@watersconsultin2.com or via phone at 817.965.39J 1.
(') 2008-The Waters Consulting Group, Inc. Page. J 8
THfS PROPOS.'d. com AlNS PROPRIET,UY INFORM_~ nON .\..'1> IS THE SOLE PROPERn' OF WCG. IN('
THIS PROf'OSAL IS NOT TO BE REPRODUCED FOR ANY REASON \\1THOlrr THE WRITTEN CONSENT Of WCG. INC
~:~~ ~;;:~. '.'~~ ",. ~;~~~;ili:=~.:::~:';-~'~.I;~"~-:==~;;:~~Zl~:;k~
Phase I Task J - CandIdate Profile DevelopmeotJAdvertasinglMarketlDg (Includes ODe day 00 site by
Lead Consultant)
Lead Consultant Hourly Rate - $150.00, approximately 14 hours $2.100.00
ResearchlProject Management StatTHourly Rate - $85.00, approximately 16 hours $1,400.00
Task 2 -Identify Quality Candidates
Lead Consultant Hourly Rate - $150.00, approximately 14 hours $2,100.00
ResearcblPro'ect Man ement StatfHourl Rate - $85.00, roximatel 16 hours $1.400.00
Phase n Task 3 - Preliminary Screening & Initial Report to Client (includes one day on site by Lead
Consultant)
4ead Consultant Hourly Rate ~ $150.00, approximately 18 hours 52,625.00
Research/Project Management StatTHourly Rate - $85.00, approximately 20 hours $1.750.00
Task 4 - Reference Checks, Background Checks, Assessments and Academic Verifications
Lead Consultant Hourly Rate - $150.00, approximately 15 hours $2,205.00
ResearchlPro'ect Man ement Staff Houri Rate - $85.00, roximatel 17 hours $1,470.00
Pbase In Task 5 - Final ProcessiOn-Site Interviews with Finalists (includes two da)'s on site by Lead
Consultant)
Lead Consultant Hourly Rate - $ I 50.00, approximately J 0 hours $1.470.00
ResearchlPro'ect Mana ement StatTHourl Rate - $85.00, roximatel 12 bours $980.00
Conclusion Ace ce of offer b candidate
TOTAL PROFESSIONAL FEES
TOTAL NOT - TO-EXCEED PROFESSIONAL FEES AND PROJECT
RELATED EXPENSES
S] 7,500.00
$25,000.00
~~.. _._.~. :"-' '. ~.~".=~';'~~:,~"..:~'."':-'~~='-~~ -:.~:..~,>-~.~ 'Z1l!l
AddinonaJ work related to the search process and as specIfically requested by the chent whIch
is outside of the scope of this project (Le. additional onsite meetings) is additional. The fixed
professional fee for this recruitment anticipates no more than four onsite consuJting days with
one consultant. However, we would be pleased to provide additional onsite consulting visits
for our standard dail rate of $ I 500 Ius ex ses.
Video Conferencing for candidate interviews with Lead Consultant
$ J 500.00 per day
plus expenses
$600.00 per
candidate
Q 2008.The Waters Consulting Group, Inc.
nos PJt.OPOSo\L ('ONT AlNS PROPIUET.-..RY INFORMATION .~ JS THE sou PROPERTY OF WCO. IN('
ntlS PROPOSAl. IS NOT TO BE REPRODlIC'ED FOR "'1\1\' RE...soN WITHOUT THE WlUTTEN CONSE~'T OF WCO, IN('
Page. 19
APPENDIX. A
SAMPLE
RECRUITMENT BROCHURE
\lfATERS-OLDANI EXECUTIVE RECRUITMENT - A DIVISION OF THE ~'.\ TERS CONSULTING GROUP, INC.
800.899.1669 · W\l'W.W.t\ TERSCONSUL TING.COM
DALLAS · AUSTIN · CLEVEL.\ND · SE.\ TTLE
--~-----"'-r--"-'-----'_.-
THE COMMUNITY
The City of Be~ population 78,000+
re&idents, is situated along the banks of
tbe scenie Deschutes River at the eastern
foot of the picturesque Oregon Caseades
Mountain Range. Bend is a regional
commercial hub for CentraJ Oregon and
a service center for more than 250,000
Central Oregon residents. Bend sits on
the edge of a high desert plateau and
encompasses more than 32 square miles
in the midst of pristine Oregon wooded
foothills and fannland. The City serves
a daytime population of over 130,000,
and the region hosts almost S million
tourists each year wbo take advantage of
the numerous festivals, recreational 0p-
portunities, vibrant night life and solitude
found in this environmcotally sensitive
and friendly community. Long considered
a vacation and reereational get-away in
the Pacific Northwest, Bend was "diseov-
ered" by urban dweUers along the west
coast &om Los Angeles to Seattle, and
bas become a location of ehoiee for tbll-
time residents and those seeking a better
q881ity of life while escaping "big city"
issues and problems. The steady influx of
highly qualified professionals in the medi-
cal, manufacturing and educational fields
has contributed greatly to the' continued
growth of Bend and the surrounding area.
Bend is surrounded by natural beauty,
boasts a high quality of life, and con-
tinues to offer still-affordable housing
and outstanding educational systems.
Residents and visitors can enjoy both
an active outdoor lifestyle and the peace
and tranquility found in the unlimited
mountain, water, wilderness and scenic
vistas. The City enjoys a relatively mild
climate, the beauty of four seasons, and a
welcoming populace that supports an ac-
tive restaurant and pub scene with many
exclusive micro-breweries, extensive art
galleries and award-winning retaiVcom-
mereial areas such as the Old Mill District
along the Deschutes River. The residents
of Bend experience an extremely safe
community with small town amenities
such as neighborhood shopping, quiet
residentiaJ areas, and strong cultural and
social venues.
Central Oregon, and Bend in particular, is
renowned for numerous outdoor ameni-
ties, which draw both residents and visi-
tors to take advantage of the opportunities
to bike, hunt~ boat, golf, raft, kayak, ski,
play tennis. 1ish, or just take in the fresH
air and scenic beauty. Many golf courses,
parks, playing fields, tennis courts and
a public swim and fitness center are
available for all. Nearby, venues such
as the Mt. Bachelor Ski Area, Newberry
National Volcanic Monument, the Central
Oregon High Desert Museum, and other
unique tourist attractions provide special
opportunities. Bend is host to numerous
community events featuring sports, music
and entertainment such as the Pole Pedal
Paddle Raee, WinterFest, Cascade Festi-
val of Music, Summer Festival, Munch
& Music, Pacific Amateur Golf Classic,
Cascade Cycling Classic, Rjverf~
Art Hop, Bend Film Festival, Commu.
nity Theater of the Cascades, and the Mt.
Bachelor Open, to name just a few.
Bend is a community highly concerned
about maintaining its unique quality of
life. Residents and local government are
incorporating "smart or managed growth"
concepts through the new development
code, and making positive progress to
mitigate traffic congestion, improve
transportation systems, and preserve open
spaee. Citizen and business interests are
active and vocal in protecting the unique
environment found in Bend and, along
with local government, are striving to
make Bend"A City for the Future."
GOVERNANCE
The City of Bend is a full-service munieipal
corporation operating under the Council-
Manager fonn of government, which was
adopted in 1929. The CitY Couneil is rl
policy-making and fiscal oversight body
which serves its citizens by setting effec-
tive policies and budgetaJy practices to
ensw-e efficient, organized and sustainable
services to the community at large. The
City Council is comprised of the Mayor
and six C~ilors who are elected to
four-year overlapping tenns on an at-
large basis. The Mayor is appointed &om
within the Council for a tenn of two years.
Councilors are elected on a non-partisan
basis, and there has been a stable record of
long;'tenn service on the City Council. The
City of Bend has been served by 5 City
Managers over the past 45 years.
The City Council appoints the City
Manager, who is, in effect, both the
City's Chief Administrative Officer and
Chief Operations Officer, responsible for
the implementation of Council policy
direction, as well as the day-to-day op..
erations and fiscal management of City
government. The City Manager is also
responsible for the hiring, training and
professional development of all members
of the management team, consisting of 12
direct reports and the Assistant City Man-
ager. The City Manager bas oversight for
Bend's FY 2007-2009 Biennial Budget
which consists of a total of S480 million
($75 miUion General Fund). The City of
Bend employs 502 fuji-time personnel, of
which approximately 380 are represented
by collective bargaining units, to include
the City of Bend Employee Association
(200 members), the Bend Police Associa-
tion ( I ()() members), and the International
Association of Fire Fighters (IAFF) Local
#939 (8~ members). A positive labor-
management climate exists with members
of the unionized workforce.
Over the last deaide, the City of Bend
has been one of the six fastest growing
medium-sized cities in the United States.
The intense growdl.. patterns have slowed
recently, resultinS in short-term budgetary
concerns and a refocusing of city govern-
ment toward funding mechanisms for a
growing city infrastructure, continued
support for robust economic develop-
ment, and continuous improvement on
. quality-of-life issues. Tbe new City
Manager will assume responsibility for
a government in transition, as a number
of the current management team have
recently declared pending retirements
or have departed for other opportunities.
This provides an opportunity for the new
City Manager to reformulate and restruc-
ture the organization.
POSITION OVERVIEW
The City Manager is directly respon-
sible to the Mayor and City Council, and
serves as both the Chief Administrative
pfficer and Chief Operating Officer of the
City. In collaboration with the Mayor and
Council, the City Manager is expected
to assist in creating and implementing
the long-tenn vision and plan for the
City. He/she wiIJ work and communicate
directly with citizens; business interests;
federal, state, and local governmental
entities and elected officials; and others
regarding the City and its policies.
The City Manager has direct oversight
of the Assistant City Manager and the
management team. The management
team strives for creativity and innovation,
as well as a high level of communication
and a positive relationship with internal
and external customers. Together with
the management team, the City Manager
establishes the basic actions necessary to
call)' out the policy direction determined
by the Mayor and City Council.
The new City Manager will be expected
to exhibit an open, participative style of
management and work collaboratively
with managers and staff in order to foster
a positive working environment and
encourage individuals to excel. A strong
commitment to excellent customer service
and quality improvement management
principles is a hallmark of the position.
Other duties for the City Manager in-
clude, but are not limited to:
· Managing the City for fiscal soundness
and potential impacts to economic
vitaJity and the environment.
· Ensuring the short- and long-term
financial integrity of the City through
budget development, monitoring,
regular reporting on the financial
condition of the City, and effective
management of its fiscal resources.
· Delegating responsibility to the
management team for incorporating
City Council priorities into overall
organizational and departmental goals
and objectives. Monitoring progress
and regularly communicating the ae-
f-.---~ ~:::- ,.__u_____n____
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,
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t___
Citizens
of
Bend
City Coundl
Commi8eiona,
808m &
Committees
City Manager
Municipal
Judge
City Attorney
A..lstantCIty
Manager
Aaeistant to the
City Manager
city Recorder I Auistant
to the City Manager
-contracted sefVice
Finance
Communications &
Neighborhood Servic.
Information
Technology
Human
Resourc_
Economic
Development
Fire
Public Works
Community
Development
Police
ECOftOIWdc
Develapment
.....
Fire
Semc:es
Potlce
.......
Public Works
Servtces
Community
Development
ServIces
.CDBGJ
AffoIdabte
HOUIfng
· Downtown
· Juniper
Ridge
. Airport
· Fire
SuppreSSion
-Fire
Prevention
- Emergency
Medical
Services
· Field
Services
· Patrol
. Investigation
· SUpport ServIces
· Training
· Engineering
· Water
· Wastewater
· laboratory
· Streets
· Garage
· Administration
& Support Services
· Transit
· Buikting
- Code
Enforcement
· Accessibifity
Program
· Planning
· BMPO
---~--_.~..-._....,.--
I
,. complishments and achievements to
~ .Ihe organization and City Council.
. ~oordinating work of the manage-
ment team and other key employees
on interdepartmental issues, and
. .
encouraging innovation. creativity,
and accountability as important orga-
nizational values.
. Reviewing and evaluating the per-
ronnance of departments against
established objectives and build-
ing a culture of accountability and
performance.
. Fostering and encouraging a positive
working environment with respect
to labor and employee relations at all
levels of the organization.
. Ensuring that the City of Bend is
operated in compliance with state and
federal law and conforms to appropri-
ate rules, regulations and statutes.
. Creating and managing external rela-
tions and communicating with key
community leaders and the public at
large.
. Providing accountability to the City
Council on all aspects of the City's
operations, and performing other du-
ties as directed by the City Council.
The manageme.nt team and City staff
have major inftuence and involvement
in the community, within the region on
intergovernmental matters, and with
regional, state and national professional
organizations. The expertise and commit-
ment of these professionals, combined
with a strong team approach to municipal
govemmen~ have allowed Bend to estab-
lish itself as a pro-active city with strong
leadership and service.
The City Manager will play an active
role in jointly charting a path to assist
the Mayor and City Council in carrying
out their goals and objectives, as wen as
long-range plans and priorities for the
future. Regular evaluations and reports on
progress toward achieving these goals and
objectives will be made to the City CoW1ci~
staff and public. A strong public relations
and communication program is essential for
the successful performance of the role.
CURRENT ISSUES
The City Manager is expected to assume
a leadership role in shaping key policy
issues. The following are representative
of the types of issues that will require the
attention of the new City Manager. This
does not constitute a comprehensive list
of issues facing the City of Bend, nor is
it intended to establish fixed priorities,
but rather to reflect items that will likely
confront the new City Manager in hislher
first six to twelve months of employment.
Juniper Ridge Development
The I,SOO-acre Juniper Ridge develop-
ment on the northeastern border of the
city is part of the overall plan to expand
the regional industriaVcommercial base,
along with job creation consistent with
Bend's economic development strategies.
Juniper Ridge will have a significant
impact on the community in terms of
traffiC/trip generation, as a center for
commerciaVindustrial development, and
as a new source of tax revenue for the
City. The City has a Special Projects
Manager to ensure continued progress on
this development and to meet the pending
project timelines. The new City Manager
will be expected to quickly assume con-
trol and gather a complete knowledge
on the background and transactions sur-
rounding this large and complex under-
taking. The project will place significant
stress on the organization in the areas of
public works, planning, community de-
velopmen~ and finance, as well as future
public safety services (police and fire).
The City Manager and management team
must proactively anticipate and plan for
the impacts on the City's financial and
service delivery capacities, while provid-
ing a consistent flow of information to the
City Council and the public. Allocating
appropriate resources to th is project can
be expected to impact municipal govern-
ment for the next five to seven years.
Vision 2030
Over the last two years, City government
has been one of the principal architeCts of
a new strategic visioning process known
as Vision 2030. This effort is now in its
Action Phase and has seen over 400
citizens and numerous businesses, profes-
sional and quasi-governmental organiza-
tions participate in the overall process.
The Bend 2030 Vision provides a road
map toward the desired future for the city
and, as such, guides the efforts of city
government and community lead pan-
ners. The new City Manager must ensure
that momentum grows during the transi-
tion period of his/her administration and
that any change in City Council makeup
(November 2008 elections) does not limit
progress on this community-wide effort.
City government is expected to maintain
a leadership role in supporting and facili-
tating this process; and the City Manager,
at Council direction, is expected to be a
visible and active spokesperson for the
needs of the community and required mu-
nicipal services aniculated in the Vision.
Customer Service
Orientation
Municipal government has been chal-
lenged to keep up with the active pace
of growth that has occurred over the last
ten years. With a recent slowdown in the
pace of development activity, an ideal
opportunity presents itself for the City
to focus, enhance and improve upon its
customer service orientation. While this
is true for aU areas in municipal govern-
ment, it is especially relevant for those
areas managed by the Community De-
velopment Department and its subsidiary
operations; i.e., Building.' Code Enforce-
-~"""~...
............~.,"'...."i5:5:....................................
~
management vacancies. Professional
development and succession planning
is needed to ensure continued opport
tunity and advancement for the work
force in general.
· The call for services and projects to
be carried out by the City has grown
significantly while the employee head
count has remained constant or been
slightly reduced. The City Manager
will establish a strong practice of pri-
oritizing work plans i,n each of the
City's departments. Reducing or reca-
librating the number of high priority
projects is essential to employee mo-
rale, a sense of organizational stability,
and producing realistic expectations.
CANDIDATE PROFILE
The successful candidate for this posi-
tion will be someone who is confident
and comfortable in a highly complex
and fast-paced environment. He/she will
be an effective decision maker and will
demonstrate an ability to function in (
team-oriented environment. The suc-
men!, Planning and ~ngineering. The
new City Manager is expected to guide
the fonnulation of a cultural change effort
that will reestablish the citizen as the pri-
mary customer and focus on streamlining
and improving response to the develop-
ment community within the established
guidelines of policy. Bend must maintain
its emphasis on quality development
and upgraded municipal infrastructure
programs, working collaboratively with
business partners and residents.
Additional Issues
A variety of other challenging issues
will await the new City Manager and are
briefly swnmarized as follows:
· In conjunction with other jurisdic-
tions, determine the best methods
toward ensuring area residents have
reliable, safe and cost-effective public
transportation.
· Succession Planning is at a crucial
juncture. At the present time, two
management team members bave an-
nounced their intentions to retire by
the end of 2008, and there are other
cessful candidate will possess a strong
intellect. be politically astute, and have a
proven track record as an effective leader
in a quality organization, preferably a
city with a City Manager/Council fonn
of government. The. ideal candidate will
effectively engage employees, Council
Members and the public, and be will-
ing to maintain a highly visible profile
throughout the community and the region.
The new City Manager will be a consen-
sus builder and wi11 value diverse ideas,
opinions and people. The City Manager
will possess excellent listening and com-
munication skills and an open, objective
approach to new ideas. Of primary im~
portance will be the requirement that the
City Manager be a steadfast leader who
candidly and respectfully carries out the
responsibilities of the position, balancing
the sometimes competing interests of
many constituencies. The City Manager
serves as a facilitator, mediator and, when
necessary, a buffer and reasoned advocate
between groups.
The City Manager will possess a proven
track record of being highly respected
both professionally and personally by
peers, colleagues, statT, elected officials
and the public. An impeccable reputation
and adherence to high ethicaJ standards
is an essential element of this position.
He/she will be a problem solver. able to
build consensus with community leaders,
residents, interest groups and employees
in an honest and constroctive manner. The
new manager will accept responsibility
and be accountable for hislher actions and
decisions, and represent a culture of ac-
countability within the City organization.
The individual selected for this position
wiD be creative, innovative and able to
inspire and motivate others to higher
)evcls of achievement He/she will ap-
'- predate the City for its quality of life,
sound financial foundation and skilled
employees. He/she will be willing to take
reasonable risks to guide the organization
to new accomplishments and will share
the credit for successes with others.
Tht! City Manager will have.a strong
financial background and the ability to
continue to build a sustainable financial
foundation for the future.
EDUCATION
& EXPERIENCE
The successful candidate must possess a
minimum of a Bachelor's Degree in Pub-
lic or Business Administration, Finance,
Management, Government or a related
field. Additionally, the candidate will
have ) 0+ years of executive management
experience, preferably in a high-growth
community or other rapidly changing
environment; or, other combination of
experience and training sufficient to
perfonn the duties of the position. A
Master's Degree in Public Administration
or Business Administration is preferred,
along with advanced education and/or
graduate training in community relations,
intergovernmental affairs, labor relations,
strategic planning and community coali-
tion building. Certification as a Public
Manager through leMA or similar as-
sociation is preferred. Candidates should
be familiar with an aspects of community
relations and management of high~growth
environments. Experience managing in a
City Manager/Council fonn of govern-
ment is helpful. The ideal candidate
should possess considerable knowledge
of municipal government operations and
government financing mechanisms.
The successful candidate will have dem-
onstrated experience working effectively
with a variety of governing boards. vol-
unteer boards and commissions, as well
as high-profile, community-based busi-
nesses and downtown and neighborhood
interest groups. He/she will be able to
work productively in a complex environ-
ment of djvers~ interest groups. Frequent
collaboration with these groups, boards
and commissions, and attendance at
regional forums will be necessary. He/she
will have a history of successful experi-
ence managing professionals. He/she will
be approachable and have the ability to
collaborate with people in an honest,
genuine and sincere manner.
Candidates with relevant experience In
the private or public sector are encour-
aged to apply.
COMPENSATION
& BENEFITS
The City of Bend has established a start-
ing salary of $150,000+, dependent upon
experience, plus vehicle allowance and
other executive compensation features.
An attractive package of benefits is also
included with this opportunity to work in
one of Oregon's premier communities.
:l
- -~,'-.
APPENDIX. B
SAMPLE
CANDIDATE SPREADSHEET
\l;t.\TERS-OLDANI EXECUTIVE RECRUITMENT -.\ DIVISION OF THE W.\TERS CO~SULTING GROep, INC
800.899.1669 · ~'\~/W. \,Xl.\ TERSCONSUL TING.COM
,r D:\LLAS · AUSTIN · CLEVEL.\ND · SEATTLE
APPENDIX. B
CITY OF SAMPLE, TEXAS
CANDIDA TE QUESTIONNAIRE
EXECUTIVE SEARCH FOR CITY MANAGER
JOHN DOE
John Doe
5555 Broadway Drive S.W.
Home Phone: 555-777-1] 11
Business Phone: 555-777-1] 11
Mobile Phone: 555-777-1111
E-mail: iohndoerti..intemet.com
(All examples included berein are fictitious.)
CURRENT TITLE AND City Administrator I
ORGANIZA TION NAME City of Midamenca
REPORTS TO (TITLE) Mayor and City Council
POPULATION SERVED 50~OOO
STAFFIBUDGET $1 0 Million~ 20+ employees
EDUCATION AND LICENSES Bachelor of Science in Public Administration
American State University
1979
American Institute of Certified Planners # 000000 1
State Professional Community Planner
License # 0000??oo1
CURRENT SALARY I
1. Please teU us why you are interested in tbisposition and why you are looking to make a
move ri t now?
. We would like to relocate to the Midwest Area where there is limited air pollution, crime, and traffic
congestion, and where the culture of small to\\11 America blends well with the active, sophisticated
college arena We have been in the town countless times and feel very comfortable there. We truly
enjoy the friendliness of the people, the work ethic and culture of persistence and intelligence. And we
have always been extremely impressed with the way the community works together to host a major
festival every year, yet it appears on the surface to be a seamless effort for those of us visiting and
en' 0 in our communi .
2. Please describe your current scope of responsibilities. List the municipal services
rovided b our 0 anization.
Responsible for municipal administration for the City of Midamerica.
Municipal services that are provided: water, sewer, police, fire, planning, economic development,
e ineerin, communit develo ment, buildin ins ction, zonin .
3. How would otbers characterize our communication s Ie - both formal and informal?
Informal, always ready to listen to others and to understand their questions and concerns whether 1 am
in my office, at lunch at a restaurant or pumping gas in my car. But when necessary 1 can be very
fonnal and resent a stron demeanor, de ndin on the circumstances.
WATERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 1
2ll86O T'HI$ OOCl'ME.....-r IS COP\1UGHTED~",,1) IS COSSIDF..RE.O PR01'1UET.UY INFOItN..\TION
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APPENDIX. B
CITY OF SAMPLE, TEXAS
CANDIDA TE QUESTIONNAIRE
EXECUTIVE SEARCH FOR CITY MANAGER
JOHN DOE
4. Please describe our mana ement s Ie. How do ou et tbin s done?
I am a roving manager who goes from place to place; I visit employees in their work areas to see how
the operation runs and to talk to both supervisors and employees. 1 am a leader "rho relies on
employees to do their jobs as the field experts in their particular area of the city. It is my responsibility
to be sure that they have the tools, resources and training to do their jobs well. I do not micro-manage
but do work with department supervisors to set proper and realistic priorities, always being ready to
ada t to a chao 'n environment.
S. Wbat kiDd of feedback have you receh'ed from people you work with regarding your
stren hs and weaknesses?
People have told me that they see me as very honest and ethical, that I understand my profession well
and am very capable, I see long-term cause and effect relationships, and that I like and truly care about
people, our organization and our community. People who work closely with me also have noted that I
get so wrapped up in work that I can ~ a workaholic. People like the fact that we have weekly
information meetings where information flows from the Manager's office to every city employee and
from every employee back to the Manager, The two-way communication flow is critical to any
organization and my coworkers like the fact that] do want to hear what they have to say and that I do
a r attention to them and value their in ut.
6. What role do you play with the City management team? City Council? Citizens or citizen
08 s?
I am the leader of the management team.
I execute policies of the City Council. Information listlbuIlets are sent to the Council on a weekly basis
to keep them informed of what is happening that they need to be aware of. If there is a "hoC issue, I
immediately call each Councilperson to make them aware of the issue and what we are doing to handle
that issue. If there is nothing at all happening, no bullet list is sent. All information is shared equally
with ALL Council People (if one Council Member asks for some sort of information - everyone will
receive that information).
I believe in being an active listener and always responding to citizen ~ s concerns or questions
regardless of if I am pumping gas in my car~ having lunch at McDonald~s, or have been invited to
speak to some citizen's group or organization. People who are kept well informed about what is
happening within their City are much more supportive of the organization, and as a result, there are
fewer roblems for the Cit overall.
7. Describe ma.or ro'ects 00 are currentl res onsible for.
Economic development - business attraction and retention; tourism (greenway trails & bluewater
trails , river walkwa with scenic outlooks; industrial ark develo ment.
8. Please describe your experience with economic development initiatives? How bave you
success marketed our ci ?
I am very active in various development programs in my state, and 1 personally work with developers
interested in coming into the City, and with the retention of existing businesses. It is very important to
bring in new businesses, but so very critical to also work to retain and support your existing businesses
who have been 10 al to the Cit .
W.:\ TERS-OLDANI EXECUTIVE RECRUITMENT
PAGE 2
2!006ClHlS DOCUME."'1T lS COP\1UGHTED .\;'ID 1~ CONSIDElED PROPJUET:\RY NFOIlM. \ nos
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APPENDIX. B
CITY OF SAMPLE, TEXAS
CANDIDA TE QUESTIONNAIRE
EXECUTIVE SEARCH FOR CITY MANAGER
JOHN OOE
WA TERS.OLDANI EXECUTIVE RECRUITMENT
PAGE 3
~ nm DOCtlJ\4E.,'" L~ COP\1UGHTED ....'ID IS CONSIDEJlED PROl'RlEf\RY NPOR."4.\nos
nus DOCllJltEKT 011 'S"Y PORnoJ\:S OF n-tIS DOCl:ME~"T IS "'lOT TO BE IlEPRODllCED POR :\1'."," RE....~')S '\1i'TtlfOl"T .TIiI. '<<'JU1TF_" CO","SE.',T OF mE" ,n.R.';' CO":"l1." fl"'H;
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APPENDIX. C
SAMPLE
CANDIDATE REFERENCE REPORT
WATERS-OLDANI EXECUTIVE RECRUITMENT - :\ DIVISION OF THE \~'.-\TERS CONSULTING GROUP. INC.
800.899.1669 · \V\t'W.\V_\ TERSCONSUL TING.COM
DALL_\S · .\ USTIN · CLEYEL\ ~ D · SE.\ TTLE
APPENDIX. C
PORT OF SAMPLE
DIRECTOR OF PORT SECURJTY SEARCH
CONFIDENTIAL REFERENCES FOR JOHN DOE
CONFIDENTIAL REFERENCES
Reference Relationship:
1. Current peer
2. Former colleague
3. Former'supervisor , ,
4. Port labor official
S. Former colleague
6. Former colleaeue
Ouestions Answers I
l. What is your professional relationship to the l. I have known him since 1995; when he was the Captain.
candidate? How long have you known them? 2. I met him in 2000 while he was Captain of Port; rescues were
cooperative ventures, and we became personal friends.
3. i have known him for 3 to 5 years; I met him as he was Captain
of Port; supervised him. When I retired, the new manager
wanted to reduce emphasis in first responder work; they looked
at the direction the company was headed and his job texture
changed.
I 4. I have known him for 6 or 7 years. I do all port security for
I unions on the west coast and meet a lot of Port Captains - he' s
the best J ever met.
5. I worked with him when he was Captain of Port; helped start
the port security committee - about 5 years in all.
6. I have known him over the last few years; mainly as a
maritime representative and being heavily involved in port
security grants. 1 reviewed grants with him as Captain of Port
and worked with him on various port security lUaut issues.
2. Wllat do you consider to be the candidate's l. He is one of the strongest leaders I have ever known. He
greatest strengths as a professional? participated in all types of activities and organizations and 1
have found him to be superb in his leadership. He is innovative
and an idea person. People enjoy working with him; he is a
visionary and can see where we will be in the future. He is
strategically in contact with that goal and knows how to move
toward that goal; he is very personable: people trust him. As
captain of port, he had management of both ports on an even
keel in supporting security programs that were at odds. He
knew how to handle one versus the other and knows the
shipping industry. He worked with labor as Captain of Port and
put labor leadership into a position of knowing what to expect,
which was unheard of at the port. He has lot of support at the
labor level and with congressional leadership; also!
management supports him. I know how to manage security
without slowing down commerce; he has a good sense of
priorities. He understood the cost-effectiveness of security
WATERS CONSULTING GROUP, INC. PAGE. I
nus lXJClMI'./'.i'T ISCOPYRlGlHED .1\."10 PROPlU.ETARY INFOR.\t-\TI0N. nlls DOCl:ML'-nOR .~y POR-nONS OF nns D(lITMFST 15 NOT TO BE
REPROOl"CED FOR .\N\' RE.\S,ON \\1nIOt'T TIfE \'CRlTTFS CONSE.NT OF \~.(G. IKC
3. What might we hear with regard to their
weaknesses? Criticisms?
APPENDIX. C
PORT OF SAMPLE
DIRECTOR OF PORT SECURITY SEARCH
CONFIDENTIAL REFERENCES FOR JOHN DOE
operations; he is a wise and strong leader. J would hate to 10s~-
him as a business partner; he wouJd provide leadership and
direction to the Commissioners. On a scale of I to 10. he is as
c lose to a I 0 as you can get.
2. Character and leadership; he brought everybody to the table
and created a cooperative environment related to security. He
had the vision and leadership to bring an together.
3. He is reaJly good with people and understands the requirements
of a port 3)ld what it needs to operate. He is one of four or five.
top experts in the country. During 9/] J he was in charge of the
port as Coast Guard Captain; I would absolutely recommend
him.
4. Leadership.
5. Leadership - he was a "ChurchillianH figure when the port was
down. He has a good sense of working with industry, directing
others and keeping their cooperation. He worked wen with
feds, and has a lot of diplomacy. He is leveJ headed, mellow.
and even-keeled. He knew shipping.
6. He has an ability to bring others together and has strong
leadership. He knows how things work in the industry and
federal overnrnent.
1. There are always flaws in anyone's skill set; he understands
security extremely well. He understands the steps to get there,
and understands the business principles. He is very personable
- maybe there is a time when you may not want to include
some - but he is such a visionary.
2. A stretch - but he is too willing to take blame. He would
shoulder the entire responsibility, no matter what the
circumstances.
3. I was very pleased with his work and didn't worry about him.
4. None] can see - he is great.
5. The only thing is that he has born the brunt of some resistance
because he is too nice - needs to give tougher aura.
6. None I have ex rienced.
] . See question number 2.
2. He is a visionary and a synergist who brings the best out of
people. He can guide and direct people and keep them on point:
but he will make a decision and stand by it.
3. Consensus - brought all on board.
4. N/A
5. He made high level decisions and he let others make lower
level ones. He was very timely, level headed, and provided a
strong response.
6. While observing him when he was Captain of Port he worked
well under trying circumstances and he gained the respect of
the indust .
4. Describe his problem-solving and decision
making style and abilities? How does he/she
involve others in the process?
WATERS CONSULTING GROUP, INC, PAGE. 2
THIS OOCl'MENT IS COPYRIGHTED A.KD PROPRIEB.RY lNfORMAflON THIS LXlCl'MENT OR ANY PORTIONS OF nns IXHTMENT IS NOT TO BF
REPRODl'CED F(IR"~"~Y RI'~.5(lN \\T!1inlT HiE \\'RITrEN CON!'ENT OF \, CG. 1St:
APPENDlX . C
PORT OF SAMPLE
DIRECTOR OF PORT SECURJTY SEARCH
CONFIDENTIAL REFERENCES FOR JOHN DOE
5. How would you describe his management style
and abilities? Do you consider himlher to be
an effective leader?
I . See question number 2.
2. We thought so highly of his management style that we asked
him to give. a seminar to the County Fire Department
management (almost 500 attendees).
3. He had a staff of three and a limited role in that regard.
I
i 4. He ran as tight a ship as it should be run.
I 5. Very strong and very effective leader.
. . . 6. There is a tremendous respect for him by his employees as he
sees what is needed to be done and finds a Way to get it done.
6. Please describe their experience in the areas of J. He is a top-notch expert, no shortcomings.
international relations such as working with 2. Unsure.
foreign govemments~ port authorities and 3. He was instrumental in efforts in Italy in working with the Port
businesses. Commissioners; he knew the International security regulations.
He also helped in the Pacific Rjm~ specifically in Hong Kong
and in South America with business development (Brazil).
4. He has worked in Asia, and aJl over the West Coast - he knows
the players and the business.
5. In Monterrey as the Executive War Game, there was an
international flavor but I never dealt with him in that arena. We
dealt with boarding of foreign flag ships.
6. None I have observed.
7. Please describe their experience in dealing with l. Again. top notch, very well versed.
issues such as port of origin security or related 2. Unsure
issues. '" Especially in Hong Kong, this was a major point of exit as
-'.
opposed to point of entry.
4. He was very much involved.
5. Not except to discuss - he seems very knowledgeable.
6. Yes, he seems very knowledgeable.
8. How would you rate their communications 1. ExceIJent in any venue.
skills, both ora) and written? Do you consider 2. I am unsure of his written skills but his oral is superb. He is a
himlher to be a good listener? Why or why very smart man: he speaks,without notes, and has good wit and
not? humor.
3. Orally and written are excellent; he gives excellent
presentations.
4. He is a ten on a ten point scale.
S. Effective - he displays a real compassion and passion for what
he does which makes others listen. He is disanning in his
genuineness and sincerity of his communication.
6. Outstanding, he has demonstrated that throughout his career: he
can communicate up and down and get his point across
compellingly.
9. Tell me about how well he/she manages 1. No issues; it would be a marriage made in heaven. I would
relationships with the other department highly recommend him and all he has been involved with have
directors? Staff? How well does he/she the highest regard for him. The Port would be pleased as well;
respond to requests for assistance? he would bring Port community together.
2. N/A
3. Consensus oriented, he has no issues. He got radiation portals
WATERS CONSULTING GROUP, INC. PAGE. 3
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REPROOCCED FOR ."-'JY 1lE.\.."ON ~lnlOlT mE \\ R!Tn'-,"~ (ONSENT Of "CG, INC
10. What is the most significant contribution that
he/she has made to the organization?
I 1. In your opinion, why is he/she looking to make
a move at this time?
12. Are you aware of anything in his background
that would be embarrassing to a prospective
employer if it became public knowledge? Any
personal behavioral, legal or ethical or political
problems?
13. Would you work with himlber again in the
future?
APPENDIX. C
PORT OF SAMPLE
DIRECTOR OF PORT SECURITY SEARCH
CONFIDENTIAL REFERENCES FOR JOHN DOE
implemented.
He is well respected. well regarded~ causes no problems.
N/A
NM i
..._--~
He has the expertise and the credibility he brings to the
organization or the task at hand is high.
See number 2.
He brought the organization into military program successfully: i
he helped get grants award at the Port.. and retained the Deputy I
Fire Department to evaluate products and helped to prevent
losses.
He got us through 9/1 I.
What he did to protect an keep open commerce during 9/1 ] .
I am not sure about MARSEe. but as Port Captain, he
significantly advanced the stature of port security and got the
port security committee up and running. He reached out to the
federal agencies. --1
]. The position sought him and he is uniquely suited; a return to !
public service intrigues him. He knows public policy and how :
to make it effective; he may miss that pan of his work. He is
intrigued by being in an arena at the largest port complex in the !
nation. He has the calling for the public sector though has not
completely made up his mind. He has the desire to serve and be :
an effective leader; he wants to be in the eye of the tiger. and i
set the benchmark. I
2. He has so much experience in that arena; it is a natural fit. He I
can make a difference. I
I
3. He likes living in the area; the job fits with his background. He I
has high energy.
4. I don't know why but he is a perfect fit_
S. Not reaJJy, perhaps due to travel and family; he loves serving.
6. He would do very welL
I. None at an; he has the highest of character and credibility.
2. None that J am aware of personally or professionally.
3. None.
4. Nothing.
5. Nothing.
6. Nothin~ at all: he has the highest level of integrity.
I. Absolutely; any time J will continue to work with him if not
selected for this position.
2. In heart beat; we would be lucky to have him.
3. In a New York minute.
4. I could not ask for anything better than having him here.
5. It would be great; I would relish it.
6. Absolutely, without hesitation.
4.
5.
6.
1.
2.
~
-'.
.
4.
5.
6.
WATERS CONSULTING GROUP, INC. PAGE. 4
nns DOCtME."H IS COPYRIG.rrED :\ND PROPIUET:\RY INFORMATION TIllS [)()(TME...".;T OR Al'Y PORTIONS Of THIS DOCl' ME NT IS NOT TO BI
REPRODrCED FOR .'\.......1' RE..\$ON "lTllon' TIlE \t."RJTTEN (ON~f:~TOJ; \\(G.INt:
APPENDIX. D
SAMPLE
FINAL CANDIDATE REVIEW
~ATERS-OLDANI EXECUTIVE RECRUITl\fENT -..\ DIVISION OF THE WATERS CONSULTING GROUP. INC.
800.899.1669 · WWW.W.\TERSCONSl1LTING.COM
D.\LLAS · AUSTIN · CLEVEL\ND · SE_\ TTLE
.\PPENDIX . D
S.\!\fPLE FINAL C\..~DID.-\TE RE\ lE\l' (,\BBRE\ '1.\ TED FOR RE\ 'IE\\' PURPOSES ONLY)
INTERVIEW SCHEDULE FOR THE CITY OF SAMPLE
Friday November 4, 2007
Time Panel Members City Manager and Lead Consultant
(HR Conference Room) . (City Manager's Office)
7:45 - 8:00 Consultant To Arrive Earty For Set Up and Preparation
9:15 - 10:15 John Smrth Janie Marie Doe
10:30 - 11 :30 Janie Marie Doe John Smith
11:30 - 12:15 Working Lunch - Served in North Library
12:15 - 1:15 Jose Ramirez Barry Washington, III ~
1:30 - 2:30 Barry Washington, III Jose Ramirez
2:45 - 4:00 Debrief with City Manager and the Selection Panel
(HR Conference Room)
THE WATERS CONSULTING GROUP, INC. Page. J
THIS DOCt'MF.NT IS COPYfllGHTED AND PROPRJET...RY IN FC>R!\t'\nON. IT 1$ THE SOLE PROPERn' OF \\'CG. INC
Ci COPYRIGHT 1t1l14-21WI(, ffitS DClCl'MF..NT OR ANY PORTIONS Of n-ns DO<TMENT IS NOT TO BE REPRODl-CEO HlR :\NY RE.>\SON \\ lTHOt'l rHE \\ RJ r rEN
CO~SENT OF WCG. INC
:\PPE!\;DLX . D
S.\MPLE FINA.L C~'\JDID.\TE RE\'IE\X/ (.\BBR.E"L\TED FOR REYIEW' PURPOSES Ol'LYJ
SPECIAL NOTE:
The following is tbe write up for one candidate only. However, in an actual final report,
aD fmal candidates would be represented appropriately. In addition to this write up and
scbedule, tbe reference summary t background investigation, copy of resume and cover
letter and all other pertinent candidate information would be included in order to provide
a fuD and complete picture of the candidate. It should also be Doted, tbat all names hal'e
been changed in order to protect the identity of the candidate in this particular example. ~
CITY OF S.L\MPLE
i\SSISTi\NT TO CITY M.L'\NAGER
EXECUTIVE SEARCH
INTRODUCTION
The structured interview can be the best tool for evaluating candidates for a position with the
City, particularly in today's litigious society. This report has been prepared to assist
interviewers with this most important process by providing guidance and suggestions for
interview questions for the candidate for Assistant to the City Manager. The specific questions
have been prepared based upon the profile and competency analysis developed for this position
and are included in this booklet in each candidate. s section.
LEGAL ISSUES
In preparing for the discussion with the candidate, it is important to remember the selection
interview is a very critical part of the employment process and is covered by anti-discrimination.
The purpose of state and federal laws regarding discrimination in employment is to insure hiring
decisions are based upon the applicant's ability to perfonn the job, not on arbitrary factors
SUMMARY OF PROTECTED CLASSES
THE WATERS CONSULTING GROUP, INC. Pa e. 2
nns DOCnfF.NT IS COPY1UGlrrED .'\."0 PROPRlET.\RY INfORMATION, IT IS TIlE SOLE PROPERn' OF \reG. I~C
CCOPYRlGHT 2\'1114-21'1(16. nns O()ClML"i:T OR :\NY PORTIONS OF TIiI$ DOCUMENT IS NOT TO BE RF.PRODlCED FOR ANY RE..\:'ON \\ lTH()l'T TIiE \\;llJrf}::N
C()N5-ENTOF "CG.INC
.\PPENDIX. D
SA~)LE FI~.-\L C\NDID.\TE REV1E\X' (.-\BBRE\'L\TED FOR RE\lE\x' PCRPOSES ONLY)
unrelated to job performance. In generaL it is unlawful to base a decision to hire or not hire an
applicant on any of the follo\\ing criteria: race. color~ national origin, gender, marital status, age,
religious beliefs, pregnancy status. children. disability not related to job performance, or family
background.
Questions based upon any of these elements may open the City to potentially costly claims for
discrimination. It is illegal to base a de~ision on one of these cri.teria even if the information is
obtained outside of the interview process. or inadvertently during the interview.
The development of specific interview questions not only assures all important aspects of the job
are covered during the interview; it helps to insure that interviewers avoid potentially dangerous
subjects.
SUGGESTED QUESTIONS
As you prepare for the interview you may want to develop additional questions based upon your
review of the candidate's resume or the background material. Those candidate-specific
questions might probe subjects such as:
· Explanation of voids in time;
· Short tenure in a position;
· Explanations of apparent weaknesses in experience or education/training; and
· Clarifications for anything that is not clear.
INTERVIEWING TECHNIQUES
In general, open-ended questions that require candidates to answer in sentences are preferable to
closed-ended questions that can be answered with one word or yes or no answers. Open ended
questions encourage the applicant to:
· Express goals, values, qualifications, or feelings;
THE W,.\TERS CONSULTING GROUP, INC. Page. 3
nns DOCl"MENT IS COP\1UGHTED AND PROPRIETARY INFOR).t-\ nON. IT IS THE SOLE PROPF-Rn' OF \, CG. INC
(H:OPYRIGHT 2t1ll4-2t"16 nus lX)Cl'ME."IlTOR .......Y PORTIONS OF THIS {)()(TMF.NT 1$ Nor n) BE REPRODlCru FOR.'\NY Rf:'-'$ON ~lrnol'T THE \l'RITTE.N
r:ONSENT (If' \\ (('. lNC
.\PPENDIX . D
S.-\...\fl'LE FIN.-lL C-\..."\:Dln.\TE REVIE'X' (.\BBRE\-l\TED FOR RE\lE'X' PL!RPOSES_ONLl)
· Exhibit hislher ability to communicate;
· Provide additional information regarding experience and background; and
· Probe "'choice points".
Limited use of directive (dosed-ended) questions can be used to gather information that is
factual and objective.
· Examples of open ended questions:
· How do you handle...?
· What do you do if...?
· How do you feel about...?
· What have you found to be successful in handling...?
· What are some examples of success in...?
As the interview proceeds, it is important to observe how the candidate's answers are delivered
as well as the content of the message. The new Assistant to the City Manager '""; II represent the
City in the community. Body language and tone of voice are particularly important factors to
notice. Probe for as many details as possible such as names, dates, and other verifiable
infonnation. It is also a good idea to ask candidates for their thoughts and feelings about a
situation.
ADDITIONAL QUESTIONS
Often candidates may be somewhat brief in their responses. If you feel a need for additional
information, the use of probing questions such as the folJowing can draw out additional
information:
· Why did you say that?
THE W.\TERS CONSULTING GROUP t INC. Pa e. 4
THIS [X:lC],:Ma..71S COP\'lUGIfTED AND PROPRIET.o\RY INFOR}.{.<\ TlON IT 1$ mE SOLE PROPERTY OF \\CG. I~C
C C(''iP\"IUGHT !f1l104-2f1l1(1 nns DOCt'MEN'T OR ^,"'Y PORTIONS OF nus Docn.fE."-1T 1$ NOT TO BE REPRODl"CED FOR .\NY R:L\$ON \\ 111101. T THE \\ ~Jn-E.","
C()~$F~1\IT OF "I:G, INC
;\PPEXDIX . D
S;\!\fPLE FIN.-\L C\.'\:DID.\"IT ~E\ lEW' (.\BBRE\ T\ TED FOR RE\"IE\X' PCRPOSES ONL Yi.
· Can you think ofan example of that situation?
· Is there something noteworthy in your experience in this area?
OTHER CONSIDERATIONS
Other considerations include how the candidate handles the stre~s of the interview and whether
he or she appears to be avoiding some area(s) of inquiry. Immediately after the interview. it will
be helpful to note your overall feeling about the discussion and how you feel about the candidate.
Remember, the best predictor of success in any position is previous success in the same or a
similar position. You are looking for information about actual accomplishments and things the
applicant has actually performed.
THE WATERS CONSULTING GROUP, INC. P e. 5
nus DOCno.tENT IS COPYRIGHTED :\1-:D PROPRIET...RY INfORM,'\TION IT IS TIlE SOLE PROPERn' OF \\CG. ISC
Q COPYRIGHT Z,.I4-21!h6 THIS lJOCt'MENT OR ANY POR"nON:; OF 1l.ffS DO<TMENT IS NOT TO BE REPRODl'CF.D FOR ..v.;y RE.\SON \\ lTHot'T fHt-: \\ RITTE~
O")N~E.NT (IF "(G. lSC
,\PPE:KDLX . D
S.~\1PLE FI!\:.'\L C.".NDID.\ TE RE\lE\'X' \.\BBRE\-L\ TED FOR REVIE\\:' PL'RPOSES ()NLY)
CITY OF SAMPLE, USA
ASSISTANT TO THE CITY MANAGER SEARCH
Final Candidate Profile
Barry Washin2ton. III
(FINAL CANDIDATE #3 OF A TOTAL OF 4 CANDIDA TES - THIS IS NOT A RAJ~'JilNG)
123 Main Street
Johnson. MI 66521
Residence Phone: 425,685.11] 1
E-mail: bwa@myemail.com
CURRENT TITLE AND ORG ANI ZA TION Grants Coordinator
Human Service Division. Parks &
Community Services Department
City of Johnson. Michigan
Since 2001
REPORTS TO Human Services Manager
Parks & Community Services Dept.
POPULATION SERVED 182.000 residents
SCOPE OF AUTHORITY Functions in a staff posItion
administering $4.9 million in local and
federal grants for Health & Human
Services activities.
THE WATERS CONSULTING GROUP, INC. Page. 6
nus DOCl'MENT IS COPYRJGHTED .\."0 PROPRIETARY INFORMATION rT IS THE SOLE PROPE.Rn' OF WCG. r~c
eCOPYR1GHT 21 lll4-!iW 1(, nus O<Xl'ME.."'lT OR A.."'lY PORTIONS OF nns Docn.fE.NT r$ NOT TO BE REPRODlCED f-nR\J'.:\ REA!'ON \\ lTHt)l'rniE \\.1\JTfE"J
CONSENT OF \1( CG. ,~c
.\PPENDIX . D
S:\.MPLE FlN:\.L C.\..'-'DID.\TE REV-IE\\:' (.\BBRE\ 1..\ TED FOR REYIE\X" PURPOSES O!\:L Y)
REASONlS) FOR JOB SEARCH
This highly intelligent individual was a pleasant surprise and more than lived up, or surpassed~
the expectations set through discussions with the Search Committee. In his current capacity as
Grants Coordinator for the Human Services Division of the City of Johnson has been responsible
for a wide variety of anal)'1ical and project management work. Barry's communications skills
and level of maturity also exceed expectations for someone at his level of employment. He is a
genuine and sincere person with a strong commitment to public service and is viewed as being
extremely loyal to The City! s organizatioI). Barry has an exceptionally strong work ethic.'seems
calm under pressure and is definitely interested in his work. However~ it appears that he is
working weB below his overall capacity and needs new challenges. Barry~s long-term potential
should be evident to everyone who comes into contact with this exceptional young talent. It
appears that Barry has the respect of his colleagues and his superiors. The confidence expressed
in his abilities and his involvement on a number of internal work committees have allowed Barry
to gain a broader perspective on the operating practices and overall management philosophies in
The City; his candidacy should definitely be advanced in order to see how he compares with
more experienced candidates.
Barry seems genuinely excited about continuing to serve the City of Johnson in what he
perceives to be a demanding/challenging and fulfilling new role. He is a highly competent
analyst who can also communicate successfully and persuasively with colleagues and the general
public. Barry seems to thrive on conducting investigative research, complex problem analysis
and gaining new efficiencies in governmental processes. He has helped to reduce the number of
General Fund Contracts from 116 to 42, which represents a 64% decrease without the loss of
contractual revenues to the City. Barry has almost ten years' experience of high level staff
support to City Counci1s~ independent Boards/Commissions, citizen advisory committees plus
business and neighborhood associations. He has also had the opportunity to interface. on an
ongoing basis~ with City Council Members and community leaders. Over the last seven years he
has worked closely with representatives from King County ~ as well as Eastside and North King
County cities~ to pool resources/funding for Human Services programs. There is no doubt that
Barry possesses the fundamental skills required for the job and also has a passion for his work
and the City of Sample that would be hard to match.
STRENGTHS
Barry has a strong background and functional knowledge in the areas of contract administration.
funding processes, COBG requirements and operational audits. He continually looks for ways to
streamline processes and make day-to-day operations more efficient. Barry has the ability to
understand the needs of his colleagues for technical assistance and he has been the primary
contact for community based agencies involved in human services activities. He has a strong
customer service ethic, which is appreciated by external contacts, his peers in other jurisdictions
and his coworkers. He displays a strong ability to lead major projects and excels in effective and
positive communications, including written and oral reports. Barry is responsive to the needs of
..\PPENDIX . D
S:\..\..fPLE Fl!\;:\L C~\NDID:\TE RE\lE\X' (.\BBREYL\TED FOR RE\TEW' Pl'RPOSES ONLY)
has served as an excellent representative and liaison between the Human Service Commission
and City Council. Barry has become a leader for the North/East King County cities participating
in the Pooled Funding Project Contracts, which serves as a model for non-participating cities and
other agencies in the region. Other major projects that he has worked on include the City's Teen
Programs and Facilities Plan and the Washington Recreation & Park Association Gold Medal
Application process. Barry has also chaired the citywide employees committee. In addition, he
has served on the City.s Communications/Web Team, "'One Night CounC (of The City's
homeless population) and the Committee to End Homelessness.
Barry seems to enjoy interfaces with neighborhood associations. community based human
services providers, and small business owners throughout The City. He is genuinely enthusiastic
about stepping up to the next level and working with the City~s decision makers. Other strengths
can be found in his collaborative work ethic. ability to handle projects requiring significant
visibility and his straightforward style. He is an individual with tremendous long-term potential
and one who can continue to grow within The City's organizational structure. He knows himself
extremely well in terms of his 0\\-11 strengths and weaknesses; he realistically discussed the pros
and cons of his candidacy with this Consultant and showed great maturity in doing so. Barry
seems to be able to take on leadership roles in a team oriented environment and holds his ground
with more senior managers/executives. He is self-motivated, conscious of his environment and
understands the politics in The City. Barry has very strong technology based skills and
constantly strives to improve his base of knowledge, in order to simplifY work processes. Barry
is recognized as a strong contributor within the Parks & Community Services Department.
AREAS OF CONCERN
Moderate to strong in regards to this candidate. Barry's overall background has been somewhat
narrow in focus, even though he has worked in four separate organizations during his ten-year
career in government. His focus has been on application of CDBG funds, Human Services
programs and aspects of economic development. He is quite youthful in appearance and
obviously needs some seasoning, but this position is not far outside of his capabilities. He would
have to stretch for the position, but most individuals with whom he has been involved will be
highly supportive of his candidacy and strive to assist him and his efforts. There may be a
danger in moving Barry too fast, and he realizes that others in the competition undoubtedly bave
higher levels of experience in their backgrounds.
~AGEMENTPRO~E
Barry possesses a very strong customer service orientation and he enjoys being part of cultural
and organizational change programs. He has dealt with highly emotional social and human
services issues, faced high levels of animosity from neighborhood interests (while in Portland,
Oregon) and been part of negotiating teams with high level business leaders. Barry. does not
shrink/run from controversy and seems to handle pressure exceedingly well, even when dealing
with highly volatile political situations or citizen groups. His verbal and written communications
skills are well fonnulated, and he is factual in his presentations. Barry's overall management
THE WATERS CONSULTING GROUP, INC. Page. 8
THIS DOCUMENT IS COPYRlGHTEO .\."D PROPRIET.~RY INFOlL...t.\ nON rr 15 Hn: SOLE PROPERN OF "'CG. INC
OCOPYRlGHf 3.....31\6. nnSDOCt'MENT OR ANY PORTIONS OF nons. D<KnfF.Nf 1$ NOT TO BE REPRODCCEO FOR ANY RE..\SON \UH-fOl"T THE \\ 'RJTTEN
CON~ENT OF "eG. INt.
.\PPENDL\: . D
S.\MPLE Fl~.\L C\..'JDID:\TE REY1EW' (.\BBRE'-l.\TED FOR RE\lEW' PURPOSES ONLY)
profile and methodologies are still evolving, as he is early in his career. However, this engaging.
friendly and serious-minded individual is the type of person who would do well in almost any
environment. Barry~s critical decision-making skills have yet to be truly tested and patience
would need to be shown while he develops critical relationships with the extended Leadership
Team.
Barry"s commitment to city government is to be admired and should be recognized by most
everyone with whom he deals. He has a bright future with The City of Sample and could pursue
several paths ~or career advancement~ It will be interesting to see how he handles the
competitive pressure that arises from being with candidates who clearly have more experience
and higher levels of responsibility in their ba~kgrounds. He is expected to handle himself well in
the process, but may clearly come across as being '"the junior candidateH. Evaluators should not
be mislead by his youthful appearance and may come to realize the fact that the longer time
spent with Barry, the more one begins to appreciate his overall ability, talent and skill sets.
SALARYINFO~ATION
Barry is currently earning $62,000 annually and his expectations would be in the high $70s to
low $80s. There are no other unusual requests or conditions surrounding his candidacy. An
Eal;)tside resident there would be no relocation assistance anticipated.
JO/October 2005
THE WATERS CONSULTING GROUP, INC. Page. 9
THIS DOCt"MDo.'T IS COPYR1GHTEO A~D PROPR1ETARY IN FORr-l\ nON IT IS THE SOLE PROPERn" OF \\ CG. 1:-'1(:
o COJ'YRIGHT :!fll....21.t6 nns DOCl't-.fENT OR .\NY PORnON~ (\f nus noeL'MENT IS NOT TO BE REPRODl'("El.") fOR .'NY RE\:'()N \\ 1 flH1l'r THE \\ lUTfI~'\J
CON~ENT OF "'CG. INC
APPENDIX -E
SAMPLE
CAREERNAVIGATOR ™ REPORT
.::..
~'.\TERS-OLDANI EXECUTIVE RECRUITMENT -.-\ DIVISION OF THEW.\TERS CONSULTING GROUP. INC.
800.899.1669 · \"(rwrwl.'X'..\TERSCONSULTING.COM
DALL\S · .-\USTIN · CLEVEL\ND · SEATTLE
CareerNavigatorm
Competency Model and Assessment*
Senior Management Leadership Competency Selection Report with Structured
Interview
for Suzanne Example
4/15/2005
Introduction
Competency Overview
Ability Results
Personality Summary
Personality Detail
Interview Guide
Making the Selection Decision
Management Suggestions
Personality Profile
II'dl THE WATERS
. I.' .. CONSULTING
. GROlTP, INC.
5050 Quorum Drive, Suite 625 Dallas, Texas 75254 800.899.1669 www.watersconsulting.com
· CarMrNavigatol" is a competency model based on the ASSESS Strategic Success MOdeling and Personality Survey. Copyright
2003 BIgby, Havis & Associates, Inc. and David G Bigby, Ph.D. All rights reserved.
essess
Senior Management Leadership Competency Model with Structured Interview
for Suzanne Example
4115/2003
!mroduct.iQo
~encv OvelYiew
Personality Summa.'Y
personalitv Detail
In.terview Guide
MaMnQ.the Selection Decision
Mana<}ement Suooestions
Graornc erQfi~
rA~\,
,.l"l.ssess
CupyrigJlI ( lOOJ Bigbt" H(Jn.~ &4.<:,\tJClule,{ /rJ( und Dtn'id G. Bigbl. Ph.D. .4" righl.~ re.~Gn'ed
INTRODUCTION
Suzanne Examp"
SenlOt Management leadershIp Competency MOdel: ;" .'oi' ;
Confidentiality
Because of the nanJre of appraisal mfonnatJon and the dangers (If Its misuse. Ihls report musl be kept confidential and Its contents
resrncted to those who have dlrec! respl1nsiblhry for de(~islon makmg This Selection Report should no! be shown w or dlsCll"sed with
ihe candidate. The ASSESS De\ek'pmcmal Repl.)n has been deSigned for rlw.. purpose
How To Use This Report
· Smce everyone has strengths and weaknesses. spectal caution must be e>.en.'lsed to \ lew till" repon as a wh<.)le. Be careful not 10
overemphaSize speCIfic statements. ~Ul rather conSider thiS pcrson's 0\ era II sUllabll1ty for a paJ1H:ular position in your
organizational en\1nmmem
· Many or the characterisncs described in thIS repon could be assets 111 some CirCUmstances and liabllmes in others You Will
ootice that a charactensllc may appear as a strength in relanon to (Ille competency_ but a weakness when conSidered In relaHon [0
aoother competency
· The repon does nor take mto account the candld3tc-5- background. trammg. or techmcal skills or expene-nce. Therefore. the
results do not measure personal effectiveness or the quahry of Job performance: rather. they descnbe characteristics that (along
\\1th these other factors) may influence Job performance To mtnlmtze the chances of erroneous decisions, the contents of thlS
repon should be combmed with mformation from other sources (for example: mtenlew ImpreSSIOns. references. work
expenence. Job competence. work habns. background. ele. ) to gain a complete pICture of this person.
· Over tJrne. people and organiz3tJons change_ If several ye.us have passed since the date of this report. it may be valuable to
reassess the candidate Remember. thiS person was evaluated at a panicular age. stage of dc\-elopment. level of expenence_ ete
With the passage of time. the charactenstlcs measured by ASSESS may have changed.
Interpretation Assistance
ASSESS is a compuler1z.ed expen system that mterprets test scores and wnte~ repons for our clIents to the same manner that Bigby.
Havis & Associates psychologIsts would. The reJX'ns are designed to be read by managers without regular aSSistance from a
professional. Occasionatly. however. you may need additional interpretation assistance See the ASSESS coordtnator for your
......rganizatlon to make arrangements
Feedback to the Individual
Developmental Report: In additIOn to the SelectIon Repott. a Developmental repon IS available It is desi~'l1ed to be gnen directly to the
rndivJdual and provides constructive feedback on test results. speCific developmental suggestions. and a guide for \Imltng a personalized
developmental plan_
COMPETENCY
OVERVIEW
Suzanne ExampJe
SenIOr Management Leadership Competency Model 4 15.'01,
Your company has Identified a set of competencIes Important to Job succes!.
Competenc" In an area I~ the resuh of many factors workmg together. whICh mclude mnate charaClenStl(.s tnaulral ablht). personalnyi
and learned charactenstlcs (knowledge. expenence and skills) as IS presented In the followmg chart People who ha\ e the nght
competencIes \)f who have a good potenl1al for developmg these compelenCle~ wIll be able TO do the nght thmgs (heha\'Jors! to produce
the deSired results (effect1\'e outcomes I
TIle ASSESS system has evaluated thiS candIdate's work related personaht) and abilities (If ablliry tests were admllH!.tcred I In relanon h'
the C(\mpelenc~ Model described ('11 the followmg pages.
The folloWIng report pro\'Jdes detaIled resulls and Judgments a~ut how these mnate charactensllcs may facIlItate (If hmder the dlspla)
or development of the desired competencIes and. ultimately. Jon effectl\encss Also proVIded IS a competcncy-nne-nted mIen Ie','
proTocol to use to evaluate the skllls, knowledge and other learned characlenstics impol1anllO this .lob. as well a~ a general mtxiel for
makmg a good deCISIon from all sources of information.
INNATE
Natural Ability
PotentIal
Personal
Characteristics
Knowledge (
Experience
Skills / Learned
Abilities
J J
")
) )
)
J ;)
J
COMPETENCIES
~~
~
U
BEHAVIORS
o
E'FECTIVE OUTCOMES
PERSONALITY
SUMMARY
SuUtnne Example
Semor Managemen! Leadership Compe1enCi' MOClel ~'5 _'/111,;
Summary
The folloWing lable l~ a summar;. of the malch ~eIWt'eli Ihl:; candidaTe"s personalITY results and the C(lmpetenc~ Model Detall~ are
proVIded in the Personalit~' Oetail sectIon (If this reporT
Please coO!ader the following when Tnlerprel1ng Ibest" results
· The Match Summary preSentll the candidaTe's percent malch ,-'4f personalITY characlensocs 10 the competency model A strong
match mdicates a personalll'Y pr,,:'file tha! tend" 1(\ suppe'l"' the demonstratIon (If competence Converse!).:3 k>\\ n.ldtch IndIcates
pcrsonahry profile thai may hmder the demonsrtallC.n (Ir CCHnpetence In Ihe spec'ified area.
· Demonstranon of competence is Impacted b~ olher faclors In addinon to personality -- such as kn('wledge. expenence narural
ablhry. and learned skJlls. lln.~s. hIgh per:"onallry match SC(lre~ should nOl be regarded as a guarantee of competence LikeWise
low match scores do not pro\'c a lad of .::ompetencc
· Avoid over-mterpre13t10n of scores ~'1alch S{'(lres are pTO\lded as a general surnmary of results small score dltTerences are
unlikely to result in observable differences In beh:1\lOf
· Match scores should not be mtcrprered as pass (\1 fall Indlcal0rs. PasslOg scores are not mdlcated nor should any be mferred
0% l-....-.---.-._.,.--.-_..~..........-..._--...-___..j 1~
VisioIllfl9 -.-..--.........-..-----.--j 5&
Oectsive Judgment --------...----.-------i,)
Championing Change -.-...--.----.-....___~
Planning and OrganIZIng -.-..----.--.--oo----i,)
Driving and Motrvating for Ouahty .._________~__________.____~
Results
~..P....~~~ma.y
eompetenc:..
7&
Customer Focus
--------------- ------------..;)
7$
lntegnty "
teamwork and CollaboratIOn
~
16
&2
61
Coaching and Developing Others
Interper.;onal CommunicatiOn
-----------------------~
~
Respecting Oi\terstty"
.CI>/III!><rlt'"flf?,' nm H...m,t." Sl("lp;d /If h'lll.kl"" f" II" ''<'1.<0'1(:/'" d';JNJ(Ii"ISI1<' mcaStTrt'a /." .4SSESS '...."
IfJdgl'llt'''I' ..J.rf mudt ,", .(SSE5S "hom rhcu <: fTmpnt'll{ "'.'
PER 5 ON A LIT Y
DETAIL
Su%anne Exampte
Sen/Ot ManagemefllleaoerShlp Competenc)' Model" I' ,'(/{/'
Reading The Competency Graphs:
· For each personaliTY charactenst!(. a dl$tributlon of possible score~ (from les~ 1(\ more I IS displayed In declles ( J .} 01.1 I.' I SI
decile, 11.';0"1.1 :: 2nd dente. ele ,usmg len graph blocb
· ThIs dlSrnbutlon IS based on a prc.fesslOnal n(mn group (If approximately 4(J.(IOO respondents
· The Candl?3te's score on each personaJIlY shara(,~tensIlC IS represented by the graphiC Cnar3('ter Q
· Overlaid on the nOrmall\'e dismbulJon. the colors and shadmg on Ihe graph represent deSIrable and undesirable ranges <m each
charactensric for a particular competenc)
· Ranges to whIch a characterisuc may hmder are marked with least shadmg ( C:J
· Ranges in which a characteristlc ma) be a potential concern are marked In Intermediate shadmg I [J I
· Rang.es 10 which a characteristic may help are marked with most shading ( ~ 1
· )' OU wlil notice from the panern of shadmgs that low scores are not necessarily bad and high scores are not necessaril~ good.
· Also nOllce that the Helps and Hmdt'rs: ranges for 3 charactenstlc may differ by c()mpetenc~ For example. a hIgher level ('If
assertlveness may be more deSirable for one competency than another.
PERSONALITY
DETAil
Suzanne Example
SenlQf Management LeadershIp Comoetenc", Model ~ '; .'f/I';
Visioning
Personality Implications fOl
Visioning
Assert~eness ~~[][;J~~~~~AI
Work Pace ~~[J~~~~~~~
Se~s-Mlnded ~estraQ1ed ralb]~~~f~~~[]~
Reahslic ~[;J~~~~~~D~
Seff~eltance ~Q[]~~~BllfgJ~
ReflectNe ~~[][;J~~g~~~
ldel1f1flll1g long-term goal.< and
c!wmpioni/1g the impfemel1lauo/1 ul
dlller(,f11 liT" "llern01/l'(: Ideas hU\t'd on
hest bl/slness pn1C!1Cl'S
Comments:
Help'"
Hinders
· Her assemve narure should be useful when champlOmng new
ideas or a change of direction. Her interpersonal forcefulness
should help her to build the orgamz3nonal ruppon or buy-m ro
transform Ideasinw aCHon
· Her self.rehant style \\'111 help her to shew. Inltlatlve In
championmg her / and others'} Ideas and \ISJon.
· As a result of her reflective style. she IS hkel~ to VIew ISHles
from multiple perspectives. She should be capable of thmkmg
broadly and considering long-tell1l1ssues when semng goals and
the direction of her group,
· Her slow work pace may hmder her ablllry to generate and
champion ideas
· She is impulsive by naNre She will C'ommn ((\(.1 qUlddy i(l an
Idea or dIrection wlthout proper conSIderatIon
· Her overl:y realistic nature may be a hmdrance Her approach
will likely lack onginalif)' and innovation
PERSONALITY
DETAil
SuzanM Examp..
Semor Ma~gemern leadership Competency Mode, ~ J, 'ili}
Decisive Judgment
Personallt~ ImplicatIOns lOt
Decisive Judgment
Makmg good dt'CIslOns In {J mneh and
(on/idem marmer withm the {ome..., of
J!4mer.J! hus.mess andfinanclal
prmnple.\
AS~1fveness ~[J[]~~flflfI~~
Fact-Based 1:J[][]~flflllflA]D
Senous-MtnO~ ReSI:a~ftd IiiGJGJ~~~~~GJ~
ReakshC I:J[]QflfI~~flfI[QJ
Se!f-Rel~nce I:J~[J~~~~II[JD
Comments:
Helps
!/1l1J'ers
· Her assertive style \\'111 help her to confidently convince other~
of the reasons for and ments of her decisIons.
· Her 10\\ level of restraint may lead her to react without
sufficiently dehberatmg the consequences or potentIal outcomes
of her declswns
· Her fact-based orientation should lead her to analyze data and
obJective Information before drawmg conclUSions.
· HIghly pracllcal in her thinking. she may overrely on past
solutions rather than look for a new or dIfferent approach
· She IS self-reliant and should be comfortable makmg decls;ions
on her own, She should be wtlling to take responSibility for
important deciSIons rather than relying excessively on others for
sUpport or guidance
Her asser,;\'t' 50'le mOl' allow her 10 com'lru e othe,..~ of her dt'l i,~IOI1S tTetl \,hel1 ,hel art' p(1orh Thought our
PERSONALITY
DETAIL
Suzanne Example
SenlOl Management leactarsrllP CompetEtncy Model <l i 5 .'(Hi':
Championing Change
Pefsonaht), ImplICatIOns fOI
Championing Change
all/fln /0 JUpPOrt and
change imrialn"/?'S
Asse~lveness l::J l::Jl::JGJ ~~~~~II
FruSlraltOn TOferance ~l::JGJIi~~~~~~
Wor~ Pace l::JIiGJQ~~~~~~
Senous.Mm~ ReSlrS<<lOO ~g~~~~~~[J[:J
Reallstlc [JkJ~fi1fi1~~[JD~
Comments:
}Jell's
HlIlden
· Her assertive style should help her to lead change effons She
should be capable of influencmg and persuadmg people to adopt
new courses of action,
· Her sic,\\" work pace will mhlbll her ablllT~ 10 energm," herself
and others dunng a change effon,
· She should remain posill\'c and resilient even under dIfficult
CIrcumstances
· Because of her low level of restraint. she ma~ have :s tendenc~
to react 100 qUickly She may adopt or reject Ideas wllhout full
conSIderation.
· Her very pragmanc onentatJon may lead to an overreliance on
how thmg~ have been done In the past She may not be tlexlble
and ppen-mmded to new approaches or Ideas.
PERSONALtTY
DETAIL
Suzanne E~ample
SenIOr Management LeaderShIP Competency Model .; J;\ .'1/(/;
Planning and Organizing
Personality ImplicatIons tor
Planning and Organizing
Effecll\,t?h orgam:.ing ,md pl.mn/l1g
work accordm'i! 10 olT!am:at/lma.l
needs by defin;~lg Obj~,'il'e5 and
anfIClpmlng /7eed\ .md pnonfle,,~
Comments:
Structured ~~~~[I~lIlI~~
MUlt,.Taskln9 ~~[J~~~lIfI[J[]
Work Organ~at~n 1aI~~Gd~lI~~t=~
Reahsuc ~~g(]~~~~~[i
Htdp5
Hilh.ier~
· When needed. she should be willtng 10 apply a cenam amount
of logIcal and systematic thought to the planning process Within
the hmitations of her ablltries and educall(ln. thiS should help her
to conceptualize the Steps nee,ded to plan work aCtl\ll1eS
· Strongly pragmatic by nature. she wHl emphasIze l'ealiSflC
goals and the development of workable plans
· Her preference for the routine and workmg on only a few tasks
at a time may interfere with her ability to plan and organize when
faced wlth multiple. competmg demands
· In her day-to-day work activities. she lS likely to be
disorgamzed,
PERSONALITY
DETAIL
Suzanne Example
SenlQt Management LeaderShIp Competency Model oJ ,.' .'I/fl.:
Driving and Motivating for
Quality Results
Personality ImplicatIOns for
Driving and Motivating for Quality Results
Challenging, pW!hmg the organi:::aIl011
and themst'/w?'.'i to ('xc;('1 and achtel'(' m
ligh, of he'sf hll,~int!ss p"OCflcex
AS5e~lveness ~~[][J~~~~~UJ
~oltow.ThrOU9h ~~[J~~~~~~~
Frus:ralK)r, To~rance ~~[J~~~~iJ~~
Work Pace ~1aJ[J[J[J~~~~~
RealIstic ~[J[J~~~~~~II
SeH.Re'~nce ~[J[J[J~~~II~~
Comments:
Help.'i
I-hnJ(,I'S
· Assertive and forceful. she should be able to challenge or push
people to anam results
· Her le\ el of 1'0110\\ -through may be lower than IS deSIred.
Some-llmes she may not carry prOJects through to completion.
· As reslhentas most people. she should be able to persist
despite frustration in most situations,
· Her slow work pace may Interfere wlth her ablhty to achIeve
high 1e"e\5. of peT:'t.;nal work output and mhlbn her ability to
Inspire high effol1 levels In others
· Practical and pragmanc by natUre. she should emphaSize
tangible results and imme<hate outcomes.
· Highly self-reliant. she should be comfonable establlshmg
goals and taking personal responsibility for their achIevement
with little support or dIrection from others.
The comhinotiOfl (~f her hIgh se/f-reluJnce hUT 1(1v.- lollo'H -through mal 1t.'(1d hcl' to ",1.(.' on more than ~hc l~ 1/1 (J( ruallr occompllsh
PERSONALITY
DETAIL
Suzanne Exampte
SeOlor Management leadership Competencv Model -4 I, .'IIf',:
Customer Focus
Persona In" Imphcahons 10:
Customer Focus
41t1i( ljJtJlmg ell.Home/'(' needs and
designing promml11g or sltppomng the
deliwNi of produ{ fJ and Sef,.lce5 tha!
t'\(t'ed ClIJ10rnelf ('''pCCfallm/S
Assemveness ~~[J[J~~~~~~
Won Pace ~~[J~~~~U~j~~
PosllNeaboutPeo~ ~~[J~~[g~~~~
'ns~hl ggg~~~51~~~
Comments:
Helps
Hinders
· Her assertwe nature sh(.luld help her to effectively advocate
customer.focused lIlIliatrves and 3CUVJtles, It should also
contribute to her abIlity to influence and direct others (0 sene the
Customer well
· Her slow work pace Illay hlOder her abilll) 10 champlCln Of
deliver customer. focused mitianvcs and activItle:;;
· Thoughtful and reflective 3S most. she should be capable of
thinking broadly, thIS should help her (0 align busmess offenngs
with customer needs
· Somewhat caUl10us and skeptlcalm her VIew of (I{her~. she
may not trust customer lOtenllons. Concerned that they may lake
excess advantage. she may be reticent 10 prom(\te customer-first
poliCIes
While the ahow? scales are good mdlc%rs of parr ofwhar /.( reqwred lor a !iTrong ('ustomerlocli..~, ASSESS cannor dU'h 111 t'l'tJhwte her
perS(}.17ol ('Omml1mr"1ll to ,'alum;':? ,he CU!.fOmer Pli'ase take .'ipeclOl (are f() consider thf.( issue drwl11glhf tn/ernew
~-"""-'-'-'----""'---~'---r--'-
PERSONALITY
DETAIL
Suunne Eltam,.
SenIOr Management LeadershIp Competency MOdel <i i' .'fl03
Teamwork and Collaboration
Persor.allly lmphcallons lor
Teamwork and Collaboration
E(feelh'eh workmg and (ollahoratmg
wilh olherfi Im"'Qrd a common ~O(lJ
Opllm~m r:J[J~KI~~~~~~
Need 10 be liked l:J~kJ~~~~~IJ~
PO$ltNe aboul P~1e ~~~~ifJiiI~~~~
SooatHbty I:JkJ~~~~~Klgg
Se".R~~nce LJ~~~~~~~I:J~
Comments:
Helps
Hindt-'r.\
· Her outlook sbould generally contribute to rather than detract
from team morale
· GettlOg along \\'Ith others IS not a strong concern of hers. F (\r
thIs reason. she may someumes be disagreeable or uncooperatlve
· Her general cc.'>>l1fon In most social Situations should be an
asset. She is likely 10 enJoy interactmg with team members and
should pUT others at their ease
· More neganve and guarded 10 her view of people than IS
opumal for thIS competency. her warines~ may sometimes
Interfere WIth developing and maintaining collaborative work
relationships. She may not always value the c.onmbutJons of
others
· Her hi2h self-reliance may lead her to dec,de or act
mdepend;ntly. ~ometJmes w'the detnmem of good coordmatlon
and (:ollaborauon
PERSONALITY
DETAIL
Suzanne Example
SenIOr Manage~nt L6a()ershlp Competency Mooel ./ /.; .YK!.j
Coaching and Developing Others
Personalltv ImphcatlOns 10/
Coaching and Developing Others
4d1'l'img. aSJtstmg mem()rmg and
f'f"(}l'liimgfeedbock 10 mhers to
encouroge and mspire the dew!lopmem
a/work-related compeu.'uoes hLlsed on
hen bUSlfli'SS praaiceJ and long-ferm
((lre~r growTh,
Need te be liked ~~[J~~~~~~U~
Need I~ RecognnK)f! l:J[]~~~~5i~~D
Posrtwe about Peo~ ~lijQ~~~~~~~
Ins~t ~[J~~~~lI~~~
Comments :
Help5
Hinders
· Personallv motivated bv attentIon and recoemtlon. she IS IIkelv
to recognize .thelr importa~ce to others. It is mZely t.hat she wJlI .
use reco!,'TllfIOn as a motivational tool
· Her relatively low need to please and be hked by other~ ma~
Interfere wlfh developing a gextd coachmg relauoos-h1p She may
not be as supponrve and glvmg of herself as would be optimal for
thIS role,
· Thoughtful and perceptive. she should be able to recogmze
subtle differences among people. SM wllllikely take the time to
understand the partIcular needs and motivanons of each person
she coaches
· Her distrustful new of the lI1tenlJons of others wlllltkely
Interfere wlth or inhlbll the type of personal relanonshlp most
appropriate' in a coachmg wle She m'ay be negative in her
expectatJons and hesltant to extend herself and suppot1 those she
15 to coach
H71ilc' Ihe dime1Ulolfs measured bi ASSESS can address a deSIre or willingness 10 (.'oach and J{~"elop others Ihli (annot ('\....,hwt(,
l\'helhel',f;he has The requi.file knowledge and experie"c(~ 10 lruh guide someone's de\'elopmem III 10111' rwgam:anon Please take special
t'Qre m the imel'\'Il!l' 10 de/ermine if she has knowled,f!e and experumce worthfharrng
PERSONALITY
DETAIL
Suzanne Eumpje
SenlOf Management LeadershIp Competency Mooel .. ! i :'fI".
Interpersonal Communication
Personality ImplicatIOns lor
Interpersonal Communication
CommunI< tUmg clear" and effec1I\'eh
wuh peop/(' lffJIde and ours/t.it' ol,nt
o",f:!t111/;at i()n
AssenNeness 1::JGJ~~~~~~[J~
Self-Control ~~~~~~~~~[]
. Soc,awllty ~Q~~~~~~~~
Comments:
Hdps
Hinder,1
· Her outgoing and socIal narure should lead her to seek out
opportunities to talk with others and share her Ideas and opInions
· Some people with this level of assenJyeness can be
dommatine m their mteractlons wIth others. She ms\ nOI1!I\'e
people the-chance to offer theIr opmlons and Ideas' -
· E'\presslve by nature. she WIll tend to say thmgs wlthoUl
gIving adequate thought to the lInpact of her words on others
fO,ile rhe above perwnohry d111U'IIS/(I115 measured bl. ASSESS )\'ill have some effeCT on Ihe de!;w?,l' of Irer commlimcarlOl1.~, other la, 10"5
s;uch G.f language skill.... commllmcalitms 'raining. <7nd knowledge of the TOpic are like/) 10 hawaJ much. linN more Impac, Plt'Q!it'lah'
special care 10 1?1'OluQ/e these (aClors durmg the lf11eniew
171i? comhmatlon of her high as...ertlly'ne.ss (Jnd low self-control mOl cause her 10 he overhearing 111 her commUmCt11IOn.r Hlfh others
People mar ptu'ct',,'e her as Tactless and 1f1('()m:ider;;Jtt?
INTERVIEW
GUIDE
Suzanne Example
SenOI Management leadershIp Competency Model.. 15 -'ll/i";
The following structured mterVJe\\ will gUide you through a smes of beh.a\lorally based questIons to help you bener evaluate this
candidate'sabiliry to dIsplay each competency It also pr(t\ldes additional mternew suggesriom. based on thIs candidal("s personality
results. Take notes In the space provlded and record your summary ranng for each c(}mpetency area.
For addmonaL more detaIled mf{mnatmn on conducting go(.d hehavlor.based mtenIC\\'s. please \ISll the ASSESS managers resource
websue aT www.bj!lby.cOD)l~ms!assessvllreSOUtCes.lmanaBer
Interview Date:
Before the Interview
Review the CompetenC)r Model defmmom and represem8m e behs\Jors
RevIew The candidate's resume and be fam1l1ar ""th hlsl1er background and expenence
Review the candidate's ASSESS results.
R('view the InteT\'lew quesnons and additional personallry probe~
During the Interview. remember to:
· Use open-ended questions
· Ask probing follow-up quesuons
· Focus on specific examples and beha\"iors
· Postpone .iudgment: don't rely on your first impreSSIOn
---------..---r.--
INTERVIEW
GUIDE
Suzanne Example
Senl()f Management Leaoerstllp Competency MOdel <I ;.. .'11/;
BACKGROUND & HISTORY
Sta11 the Internew by dlscussmg the details- of the candIdate's educational and work history
Walk me through ~'our educational background.
llSten and probe for accomphshmt!nt!\. grades. how he/she chose college maJor, classes he'she liked <If disliked, In\'o/\:;-ment In oms Ide
Betn'llles, work experience dunng schO<.)1. etc.. and probe for how they felale to the .lob
\\'alk mt' through ~'our work hisror).
listen and probe for milestones. accomplishments. relatlOnships \\'nh w-workers and superVIsors. tasks he'she liked or disliked. work
en\ironments he/she liked or dIsliked, reasons for leaving each job. ete and probe for ho" prior expenence has prepared hlln ner for tllf;;;
.lob
~OTES:
Suggested transition to compe.enc)'-oriented inten'ielo\ questions: ''I'm now going to ask you to deSCribe S(lrne speCific <;ltuatl(lns
from your past expenence For each. tell me about the situation itself. what you did specifically. and the results or (lute-orne (If your
actions, "
_.-~---- .---T----
INTERVIEW
GUIDE
Suzanne Exam.
SenJQt Management LeaderShIp Compelency Model" 1.< .'I/(/..
VIsioning:
· Tell me aboUT a time when you were In\olved 10 senmg the long-term goah, and dIreCl1onfor your group lOT dIVISIon. company,
\\thaI was your approach? What types. (If thmgs dill you consIder')
· Descnbe a tnne ""hen you fell II was Important for your group I department or company, to (hange directIOn and thmkmg. and
you personally champIoned thIs change \~ 'hal dId ~'Oll dc,'" Were) 011 successnl!'l \\'hy or why not')
AddmcmaJ special prone.' based on ASSESS rcsu/!.<
· Tell me 300m a tune \I.'hen you had to qUICkly Implement a new approach or strategy in your group (department. company'
How did you manage to do this while maintaining ~'our norma! \J.'orkload" (listen to see tfthe candIdate had rneenergy to d<.
both or if one suffered at the expense of the other. I
· Describe a few SJtuatJOns in which you made a qUIck deCISion about 3 change of direction for your group thaI you later regretted
Wbat were the circumstances') (LIsten for a lenden('y to commll too qUIckly to an Idea or direcTlon.l
· Give me some examples of your most Inn{\\'atl\ e huslIlcss ideas (Listen for creatIvity I
NOTES: .details of tbe sItuatIon. actions by the candidate. and [he resulting outcomes I
INTERVIEW
GUIDE
Suzanne: EXlNnpte
SenIOr Management Leadership CompelerlC~ MOdel 4 i' .'Ili/I}
Decisive Judgment:
· Descnbe some of the deCIsIons you have made recentl;. that had lmpt.nant effects on your business or the people Involved. Ho,>,
did you make your decisIOns? How did you balance the pressures of nmehness and makmg the nght deCISIon') Old you change
your deCISIOn after makmg ir') \nlY or why not"
4ddili0I1(JI.~pC(101 prohcs na.w'd Oll ASSESS results
~ Tell me about a time w'hen you made a decisIOn qUlckl~. and tt dId nor go the way you expected. What factOrs dId you miss? I Is
there too much emphaSIS on responsiveness at the expense of a quality deCISion "I
· Tell me about a tIme when you deCIded to use an eXlslmg solul1on when a ne\\ or dIfferent approach would have been better"
\Vhy did this happen" (Is there an cwerrehance eln pasl solutH,'OS? j
NOTES: (details of the Situation. aCflons by the candIdate. and the resultmg Outcome!')
--"'~---"'-'-r"'--
INTERVIEW
GUIDE
Suzanne Exam..
SenIOr Management LeaderShIp Cnl'npelency MOdel 4 t, .'n/l;
Championing Change:
· Tell me about TWO Slmanons 10 whleh you took personal responslblln)' for ensunng that an Imponam change occurred In your
orgamzatlon What was the issue') \\1131 did you do"! \\bat was the oUtcome') What would you do dlfferemh nexI lIme')
4ddu/lmal spef./(Jj pro he! based on ASSESS "cslIiTs
· Descnbe the challenges ~ou faced \\ henlmplemenrmg a change, lnltlattve qUlckl~ In what fBne frame dlo you ..~(;()mplJsh Ihb '
' ! Does. the candidate have the energ) necessary to successfulJy champlOn 30I01lia1l\'(;") I
· Tell me aoout a time when you committed 10 a change effon bUT realized afterwards that It was the ~Tong thmg 10 do What did
you not antiCIpate? (lISlt~n for a tendency to adopt changes \\'JthOUl carenl! consideration. I
· Tell me about a time when you felt It was bene! to contmue with a way of domg somethmg rather than championing a n~'\\
approach, ( Is there a srubbom reSistance to trymg new things':>)
NOTES: (deta.ils of the sltuanon. acnons by the candidate. and the resulting outcomes,
INTERVIEW
GUIDE
Suzanne Examp6e
SenlOf Management Leadership Competency Model J ! \ '1101
Planning and Organizing:
· Ten me about a successful proJect (lJ tnHlatwe that VI)U had respoosihihry for plannmg and orgamzing. Wbal did Y(lU do' Wh~'
was thIs pro.ieet successful?
· Tell me about a proJect where you had resp()nslbilt~ for plannmg and organIzing that dId not go as smoorhl~ \\'hat did you do')
'What could you have done bener"
Addillonal special prohes /lased (111 ASSESS restlirs
· Tell me about a rime when you had to c0l1rdinale and manage X'\eral proJe.cts at once What was challengmg? How did you
prioritize? Hov.' successful were you'" (L ISlen for dlfflculrv .Iugy lmg multiple task s at once)
· Describe a sttuation that illustrates the kmd of techniques thai you llse to stay orgamzed and focused in your l1\\11 work. (listen
for an abiliry to keep work organized ,
NOTES: (deuuls oftbe sltuanon. actions by the candIdate. and the resultmg OllfCOmes)
INTERVIEW
GUIDE
Suzanne EJltatnple
SentOT Managemem LeadershIp Competency M0de4 4 i; 701,1
Driving and Motivating for Quality Results:
· Descnbe a Hme \\'hen your g.roup $er and met an aggressl\e goal Whal lyres of obstacles dId you face') H(l~ dId you (wercome
them"
· Descnbe a tlme when your group failed to meet an aggressl\ e goal Wh! dId thIS happen'!
4dJ;!Wlloj
based on ASSESS resulu
· Descnbe rwo mU3tJOnS to whkh you were unable 10 thoroughly complete a project What happened" Why t Listen for an aOilll}
t(\ follow.rhrough on commnmems, I
· T eJl me about one of your proJects that had an ag~'TessIVe deadltne for complel1on How dId y()U gel it done') (L Isten for an
ahllity to accomplish things qUickly. I
NOTES: ldetails of rhe snuarion. actions by the candidate. and rhe resulting Outcomes I
__.'...-,.-,.---____j'___....... ._..._-Lo..._.__._..___..__.........__
INTERVIEW
GUIDE
Suzanne Examp"
SenIOr Management leadershIp Competency MOdel <I 15 .~lHi;
Customer Focus:
· Tell me about the must successful CU$tomer mmames of whIch you were a part. What dId you do that c(lnrn~Uled to then
success"'!
· Tell me about the least successful customer mlllatl\es (IfwhH:h YOll \\ere a pan. What was your role" \\.'h~ were they
unsucc.essful'!
4d.J1f1(mal s:pecw! prohes hmed IIn4SSESS results
· Descnbe a tlIne when YOL! were resp(lns.lble for a customer InJtl3tl\e that others thought should be Implemented qUIckly \\'hat
did you do" Wnaf was the result" (WIll the candidate accept a !icnse of urgency and expend the energy reqUIred to make an
ininative happen quickly')
· Tell me about any ncgame respl'tnse that you. your group. or your company receIved from the customer regardmg your product.
service or a customer polley. What do you thmk caused thIS re~ponse') Whstls your general new of the mindset ('t( the cuStomer
and thea expectat1om" I listen f(lr a negafl\'e perspective thai mIght prejudice customer imuatives )
NOTES: (detaIls (lfthe situation.. aCHons by the candIdate. and the resulting outcomesl
INTERVIEW
GUIDE
Suz.ann.Example
SenJOl Mana9emenl Leadership Compelency Model .t _'UII_
Integrity.:
· Describe for me an ethIcal busmess dilemma that you have faced What \vert' the <:lrcumStancc~' What .,:hd YOll do': \\"hy"
· Tell me about t\\'o situations In \\'hlCh you han seen others be unfaIr or dIshonest What happened" \J.llat would you ha\e done
dIfferently" Why')
NOTES: I details of the slntatlon. actions by the candIdate. and the resu!tmg Olllc..)me~ I
INTERVIEW
GUIDE
SuunM Example
SenlOt Maoagemenl LeadershIp CompelenC). MOdel 4 15 .'11/;;
Teamwork and Collaboration:
· Descnbe the la$1 assIgnment In "'hll:h you wert' pari of a feam. What was YI)ur role" Whal aspect!' of workmg as par! (If a team
dId you do \vell'1 \Vlth what aspects were you less successful" \-Vhy'l
· In what TYpeS of s:mlaflons do you prefer to work mdependemly and In what types of stntattom do you prefer w wor~ 3l- part .A a
team') Why'!
, 4ddlllonaJ!\f)(?( la/ prOhC5 based on ASSESS re!{,,1J.~
· We ali have contllct N dIsagreements when workin!? dosely with others. Tell me about rW(l s.irualwn5 in rhe past where you had
a conmct wIth a co-worker or team member. How dId the conflICT aflecr your relationshIps and YOur work effectIveness') (LIsten
for a tendency to be disagreeable versus. coopersu\'e.l
· In your preVlOU!' .Jobs. have other people done theIr share of the work'? DId you get fau credn for your cffom? CLfsten for a
tendency to be crllleal of others.. or expect others to not perform I
· GIve me several recent examples of work sltuatiom in whIch you asked others for aSSIstance and SllUauons m whIch yotl could
have asked for assIstance but did nOt. In each case. why or why not? (Does the candidate aVOId collaboration') I
NOTES: (detalls of the sltuatlon. actions by the candidate. and the resulting outcomes)
-~--'--'--'r----'-~"--'--'---'--"-
INTERVIEW
GUIDE
Suzanne Example
Semor Management LfUlderShlp Competency Model ~ !; .'m;
Coaching and Devetoping Others:
· Tell me about a time when you successfully helped develop Of coach an mdlVldual to reach their pOlennal \\'hat was The
srnlatlon" \Vllal did you do"V.''hat dlfficultle~ did you (l\ ercome to help thIS mdl\JduaJ'>
· Tell me what lhmgs you have done In the past 10 ensure people who worked with you or for you were given the reS(illrCes and
opponunmes to grow
· Desc:nbe those aspeciS of your expenence. knowlt'dgl! or background that are valuable'to the development of (lthers In Y()tIr
organi7.auon.. \\'1131 do you have to offer. and h(m willmg are :\'ou t() share thIS with others'?
.4ddl1imwl speCIal prohes ha.'it'd (in ASSESS rc'.wlr.r;;
· Whal IS your approach to hetping someone learn somethmg you know'} Use a current example to tell me what kmds of things
you say or do How have others responded to your help? (WIll the candjdate be \\"Jllmg to extend himself or herself to help
others '}1
· Tell me about people you have chosen to help or coach at work How are they dIfferent from the ones you dld not or would not
help'" GIve some specIfic examples. (Can he bnng a poslilve outlook on people {(l a coachmg situation'})
NOTES: {details of the sItuatIOn. 3('.tI005 by the candidate. and rhe resuhlOg outcomcSc I
INTERVIEW
GUIDE
Suzanne Example
SenM)! Managemem Leaoersnlf;l CompetencjI MOO&! J !.\ :110._
Interpersonal Communication:
· Tell me what you have done In your past Jobs to ensure that others are mfcmned (IT have the mformatlon thaI {h("~ need
· Tell me about a time \\'hen there \\'as a miscommunicatIon between you and a c.(,.worker \1.1.al happened"
· Tell me about any traming you have taken [(I develop your commumcauon sktlls
· IUse the Internew as a sample of the candidate's ablhry to listen. respond appropnafei). 3mculate thoughts clearly. close the
commtlmcahon loop and otherwlse commumcate effectlvely to a (}ne-on~one sltuafHm Was Ihe cam.hdate effective' I
4drilf]Cmal spt."Jal probes hased 011 ASSESS n's"lts.
· Ten me what you have done in the past to make sure the Ideas and OplnlOns of ('thers' are heard In fi meeung Are there times
when you should have listened more') Explain. ILtsten for a tendency to be oyerheanng at the expense of recel\'mg mput from
others. )
· We all say or do thIngs we later regret. Tell me about limes when thIS happened to you Have you hurt other people's feelIngs'"
Said thing.s you should not have said" Explam. {LIsten for the impact the candIdate's spomanelt'Y may have on hls'her ablllry to
commumcate effectively.}
NOTES: I details ofrhe situation. actions by the candidate. and the resultmg outcome5o.!
INTERVIEW
GUIDE
Suzanne EJlample
Sel1tQf Management Leaoershlp Compe}ency MOdel ~ J.~ ,'OM
ReSpecting DIversity.:
· What types of people d<' you h~(' 10 wnrk with') \\-'hat types do you not like"
· Tell me about slruauom to which a c(I-worker did nOT treat you with respect or did not respect something you believe In \\'11at
were the ClrCUmStance~:' What dId YOll say or do" How djd thIs affect your abihry 1(1 do your Job"
· Ten me about siruath.m~ l!1 \\hl...~h a ('o-worker fell that you did not treat them or s.omethmg Ihey belle\ed III wl!h respect What
djd you say or do" What Wefe your mlentlons? What was the final 'outcome ,
NOTES: (detatls of the SItuatiOn, a,-~tlOm. b~ :he candidate, and the rcsuhmg outcomc~)
INTERVIEW
GUIDE
SuzanM Example
SenlOt Managemen! Leadership Competency Model .~ I.' .'11(1'
Closing the Interview
Your !\walls to bnn8 the IOternew smoothly t(> ::J close
Ensure thaI the candIdate feels thai he'she has been able to give YNl a i.:Omplelc and accurate plcnJre (If hmlherself
Explain the next steps In the proCl'.'SS and wneframe as appropnalc
Thank rhe candidate for hislher tITHe and close the Inten'le'w
_:"_--'-'--'-""-.'--r-'-~
MAKING
DECISIONS
Suzanne Example
SenIOf Management LeadershIp Competency Mooel 4 !" .'INI,;
Good selectIon decisIOns requIre careful consideration of all the available tnfonnauon leducatlon. trammg. expenence. ~kllls. abllules.
personality etc.) from as many dIfferent credible sources as possible (mteTnews. reference checks. background checks. ASSESS results.
ete I agamst a clear specification of what is needed or deSIred III the job.
l'se the followms chan to evaluate the candIdate on each (,'\f rhe competenoes of the Model. Carefully conSider earh competency before
making your overall,iudgemem
Very stroog
eVlCJen<:.e
comperency not
present
Strong evidence
compelEmcy not
present
, Some evidence
competenc)' IS
present
V~slOr"ng
2
DecISIve JucJgmem
2
ChamPIOning Ct'lange
2
Plannrng and OrgsmZIf'lg
1
2
Onvm9 and MoIN8bng for Ouallty Result!
'I
2
Customer Focus
2
Integn!:)' .
2
Teamwork and CotIa!>oralJOn
1
2
Coaching and DevelopIng Others
..
2
Interpersonal CommunlC81JOn
2
Respecllng DIversity'
2
Very 5UOfl9
eY1denc:e heJshe
wtlI not perlOrm
eff<<:tivelv on the
Job
Strong evidence
heJshe will not
perform effectIVely
on tf\e JOb
Some evidence
hetslle will
perform effectively
on the JOb
Overalt Rating
2
3
Strong evlOence
compe(en~' IS
ptesen~
veryslrong
evlOence
competency IS
present
3
3
3
3
3
3
3
3
3
3
3
Strong eVIdence
helshe WIll
perlorm effective!)'
on the ,lOb
very strong
evtdenc.e he/she
WIll perform
effectIvely on the
JOb
MANAGEMENT
SUGGESTIONS
Suz.anne Example
SenlOf Man89Elm&Ol leatS&rstllp Competency MOdel .( I' .'11Ii.~
While the ASSESS Development Report for thIs competency model pro\'ldes detal}ed sugges.tions for helpll1g this person to manage
potential problem areas. in thts secIIon of the SdeclIon Report we proVIde a few additlonal recommendations to help you to effectlvel~'
manage this person, Each of the followm~ managemenr suggesnom Identifies a potential problem area for thIs candidate and
recommends an approach 1(\ opnmizmg hIS her effectlveness on the Job For some suggestIons. reference bl.)()ks and other resources are
listed for additional recommendations.
Suggestions:
Encourage her 10 record her first thoughts or'''mstJncts.'' then have her retum W
them later and ask "tough" questions about thelJ usefulness. Suggest she pla~
"de\'ll's advocate" for herself t(l critique her Ideas Of plans (and thereby
Improve them I. Encourage her to ask others to help ~enerate alternatl\'es and to
Judge these agamst her first ideas. If necessary. require her to obtain approval
before launchmg new programs or miuanves,
Suggestions:
If thIS positIon demands high productiVity In limned rime frames. she l~ ltkel;.
to need external pacing. time deadlines and speCIfic work goals to be effective
Motivation and Goal Serlin,. How to Set and Acbieve Goals and InspiJ:~
Othe.rs (Motivation and Goal Seninr) by Jim Cairo. Career Press. 1998
Motivation in tbe WorknJace' Inspirine Motivation;n the WorkpJacf by LydIa
Banks. Amer Media Inc.. 1997.
Suggestions:
We recommend that her boss monitor her work activltles to determine If she
needs assIstance in strucruring her work. She may need help defining pnontles
and disciplining herself to focus on completing imponanr rasks. Planning
calendars. fo-do hsts and other time management techmques could be useful
Suggestions:
Encourage her to develop realistic eXpectations for the performance of omen-
and. if she has supervisory or management responsibHities. to recogmze effon
and reward accomplishments. Training and development in areas such as
poSltJ\e performance management would also be appropriate.
Suggestions:
She should be encouraged to think before she speaks and to exercise more
restraint in her actlons.
Aneer and Conflict in the Worlw1ace: Spot the Sillls. AVOid ~ Trauma by
Lynne McClure. Impact Publlshmg. ~O()(,
Additional Suggestions
for coachmg resources and additional suggestions on 110\\ to best manage and develop thl~ pen.on. please visit the ASSESS A1(.]1Jager'~
Weht.ife at www.biiby.coml~~1s1assessv2iresoUTceSlmanqgg.
In addition, developmemal suggestJons for thIS person can be obtained from the ASSESS DCI'ciopmenral Rt'PlWl ThIS report IS deSIgned
to pronde constmctJ"f feedback 3nd extensive developmental suggestions to the mdl\ldual assessed "books to read courses to take.
developmental expenences or assIgnments to negotiate wIth the boss. ete l. Y ()U c.an use these developmental 5uggesllons m~ coaching
sessions to help the candi~te capltalize on key strengths aCId compensate for potentIal weatalesses Check with your test admimstrator or
Human Resources: representative to see how you may obtam a Developmental Report on thIS mdr\'1dual. The folJowmg books are general
resources that may be useful In coaching thIS person or other people In your orgamzatlOn
Masterful Coaching: Extraordinary Results by Imoacti.[J~~d [he Way Thn Thin.k and W~~ by Robe" Hargrove.
Pfeiffer & Company. 1995.
~s Coach: Straleeies for Coaching & .Developing Qthers by David B. Peterson & Mary Dee Hicks. Personnel DeCISI<lOS
Inremanonal. 1996
Action Coach.n,: How to Leverage Individual Performance for Company Succes~ by Da\ld L Dorhch & Peter C CaIro. JO$sey-Bass.
1999,
Results.Based LeadershiR by Da\ld Ulnch. Jack Zenger. & Norman Smallwood. Hanard BuslOes~ School Press. 1999.
Leadership: The ASTD Trainers Sourc~ by Anne f Coyle. McGraw.Hill. 1996
Coachine for Improved Work Performance by Ferdmand F()Umles. McGraw-HilI. 2000
GRAPHIC
PROFILE
Suzanne Exampie
SenllQf Management Leadership Competency MOdel 4 r, .'/I(!,;
Reftectt...
Thinking
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CITY OF
ASHLAND
Council Communication
Public Hearing regarding the Acquisition of a 10 acre Clay Street property and a
Land Exchange including the disposition of three undeveloped residential Lots on
Strawberry Lane and the Lithia Parking Lot located mid block between Pioneer
and First Street on the south side of Lithia Way.
Meeting Date: November 4, 2008 Primary Staff Contact: Brandon Goldman
Department: Community Development E-Mail: goldmanb@ashland.or.us
Secondary Dept.: Administration Secondary Contact: Bill Molnar
Legal Dept. bill@ashland.or.us
Approval: Martha Benne Estimated Time: 45 minutes
Question:
Does the Council wish to enter into a purchase agreement to acquire 10 acres on Clay Street to be used
for a public park and an affordable housing project in partnership with the Housing Authority of
Jackson County?
Recommendations:
Staff strongly supports the acquisition of the 10 acre property in recognition of this unique opportunity
to promote the development of affordable housing while simultaneously securing property forparks
purposes. Both of these outcomes would meet a number of community goals.
The Housing Commission reviewed the proposed land exchange on May 28th and again on October
23rd, 2008. Upon receiving public testimony and reviewing the proposed exchange the Housing
Commission unanimously recommended that the City exchange the three lots on
Strawberry/Westwood Street and the Lithia Way Parking lot, to assist in the, acquisition of the 10 acre
Clay Street Property to allow for the development of a significant amount of affordable housing.
The Parks Commission has held numerous meetings on the proposal, conducted a site visit to the Clay
Street property, and has initiated a review of funding resources in an effort to identify a means by
which they can purchase a portion of the Clay Street property suitable for Parks and Recreation Use.
The Parks Commission has not yet provided the Council a formal recommendation regarding the
acquisition but has noted their interest in acquiring a portion of the property for expansion of the
existing ball fields at the city-owned YMCA park as well as in obtaining connectivity to the Clay
Street neighborhood.
It is important to note that as structured this proposed purchase is independent of Parks and thus the
purchase need not be postponed pending any Parks Commission action.
Background:
The City Council previously reviewed the proposal to acquire a 10 acre property on Clay Street for
$3.6 Million. Should the Council decide to enter into a purchase agreement and acquire the site it
would be completed through a joint purchase partnering with the Housing Authority of Jackson County
Page 1 of6
CC-Clay St Purchase 11-04-2008
r~'
CITY OF
ASHLAND
(HAJC). Detailed information regarding the 10 acre property was provided to the City Council at their
regular meeting and in a Council Communication on October 7,2008.
The HAJC has committed to providing $1,280,000 in cash to acquire 3.75 acres of the developable
property and 0.25 acres of the wetlands for a combined four acres of the site. The City would acquire
the remaining six acres for $2,320,000. As an integral part of the purchase the seller has agreed to
accept a land trade of City property to account for $1.7 million of the purchase price with an additional
$620,000 in cash.
· 3 lots on Strawberry (valued at $1.2 million)
· Lithia Way Parking Lot (valued at $500,00)
· $620,000 in cash from City
· $1.28 Million in Cash from the Housing Authority of Jackson County
The amounts above differ slightly from those presented to Council for initial consideration on October
7th, 2008 as the HAJC has since agreed to provide an additional $80,000 toward the land costs, and
although not reflected in the purchase price they have also offered to contribute $80,000 toward any
mitigation work and planting to be done to further enhance the wetlands on site.
Land Exchange
As noted above, as part of the $3.6 million Mr. Irvine has requested the three lots on Strawberry Lane
and the Lithia Way Parking Lot as properties to be provided in trade. The City property subject to the
real property exchange consists of three separate parcels of City-owned property comprising
approximately 1.71 acres of property. These City-owned properties include:
. A 1.05 acre property located on Westwood Street (39 IE 08BD Tax Lot 102) which is currently
in the process of being partitioned into two separate lots. This partition will be complete in
mid-November, prior to closing on a purchase of Clay Street.
. A 0.5 acre property located on property Strawberry Lane (39 IE 08BD Tax Lot 104)
. A 0.16 acre property on Lithia Way (39 IE 09AB Tax Lot 10800) currently used as a 13space
public parking lot.
This land exchange would constitute a disposition of public property and requires that the City find
that the exchange furthers the public interest. Draft findings to this effect have been included in the
Council Packet for consideration.
Appraisals
Clay Street
In July 2007, the City of Ashland received an appraisal reflecting the value of the 10 acre Clay Street
Property conducted by Glen Tiffany MAl (Advanced Appraisal Technology, State Certified Appraiser
# C000450). This Appraisal Report was commissioned by DRRAM Ashland LP, the seller, and found
the value of the property to be $3.94 Million. In review of this appraisal the City noted two
assumptions that were incorporated into the appraisal that had a significant impact on value.
. The Tiffany appraisal assumed 117 unit development potential
. The Tiffany appraisal assumed that $300,000 could be obtained through selling the required
affordable housing component to the HAJC
Page 2 of6
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CITY OF
ASHLAND
Given the City wanted to establish a market value exclusive of such assumptions a second appraisal
was commissioned and was completed in June 2008 by Christine M. Pellett (MAl, Real Estate
Appraiser and Consultant, State Certified Appraiser # COOOI94).
The Pellet Clay Street appraisal worked on the assumption that the property had a 107 unit potential
based on the specific annexation and subdivision approval the property had received. This appraisal
report also eliminated value associated with the affordable housing component based on the
assumption that $300,000 could be obtained through sale to HAJC.
With these assumptions removed, and the added reduction in value associated with the passage of time
the Pellet Clay Street report appraised the value of the 10 acre property at $3.2 Million.
Both appraisals are valid means of determining the fair market value completed by competent and
experienced appraisers. The difference in value is reflective of the change in assumptions. It is
important to note that in the Pellet Clay Street Appraisal the assumption that a portion of land could be
sold to the HAJC as used in the Tiffany Report, was removed from consideration, however that is
precisely what is being proposed as part of the purchase offer.
Westwood and Strawberry
Independent of the proposed exchange the City commissioned appraisal reports to determine the fair
market value of the properties owned by the City, which are now to be exchanged. As the City had
previously indicated that the Strawberry Lane and Westwood Properties were to be sold in support of
affordable housing the City had an appraisal conducted in October of 2006 and then to reflect changes
in value associated with a partition of the property and the passage of time they were again appraised
in June 2008. Combined these properties have an appraised value of $1,185,000. Through
negotiations with Mr. Irvine, the seller of Clay Street property, he has agreed to accept these three lots
in exchange with a value of $1.2 Million.
Lithia Lot
The Lithia Way parking was the subject of a recent public/private development proposal that was
intended to develop affordable housing in the air-rights above this existing public parking lot. That
potential development is no longer going forward and the developer agreement was rescinded in
October 2007. There has been discussion by both the Housing Commission and City Council regarding
its potential future development. In an effort to determine the value of the property the Lithia Way
parking lot was appraised in June 2008 by Christine Pellett MAl and was found to have a fair market
value of$350,000. The Housing Work-plan reviewed by Council in May of2008 identifies this
property as one that could be reevaluated for future development in support of affordable downtown
housing. As this property is currently being considered for trade, if approved it would be, developed
privately and would necessitate the loss of the public parking currently available. Through negotiations
with Mr. Irvine he has indicated that he would accept this property as having a $500,000 which is
143% the appraised value. Previously it was presented to the City Council that Mr. Irvine had
requested the agreed value to be contingent upon a future Planning application and approval. At the
October ih, Council meeting Council Members expressed concerns over this variable purchase price,
ranging between $350 (appraised value) and $500,000, and as such in negotiating further with Mr.
Irvine he has now agreed to accept the property valued at $500,000 without contingencies.
Page 3 of6
CC-Clay St Purchase 11-04-2008
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CITY OF
ASHLAND
Cumulatively, the appraised value of the City Property to be exchanged is $ 1,535,000
(Strawberry/Westwood $1,185,000, Lithia $350,000) for which the City will obtain $1,7000,000 worth
of the property on Clay Street. This difference is $165,000 in favor of City, based on the analysis and
conclusions contained in the Appraisal Reports
Housing. Authority of Jackson County Purchase, Development and Subsidy
The centerpiece of the proposal to acquire the 10 acres is the partnership with the Housing Authority to
accomplish the development of 60 units of affordable rental housing. To accomplish this they have
proposed a contribution of $1 ,280,000 toward the purchase price of the land, and an additional $80,000
toward the restoration and enhancement of the wetlands on the property.
The need for affordable rental housing is clearly established in Ashland's Housing Needs Analysis, the
State Housing Needs Model, and Ashland's Rental Needs Analysis. Further, City support of the HAJC
is directly stated as a City Policy within the Housing Element of the Comprehensive Plan (6.11.4b):
Cooperate fully with the Jackson County Housing Authority in locating low-income units in
Ashland when this can be done in low-impact, relatively small developments, or through
funding of individual home-owner loans or rental assistance.
According to the State Housing Needs Model and Ashland's own Rental Needs analysis 74 new rental
units are needed each year to meet the housing needs of our community. Unfortunately due to the high
cost of land and relatively low rents Ashland's private development market has produced virtually no
rental apartments in recent years, further exacerbating the supply/demand imbalance. The
development of 60 affordable low income rental units addresses the Council Goal of providing 200
affordable units by 2010. The units developed by HAJC would be affordable to households earning
600/0 of the area median or less. The rental amounts for the units are as follows:
. 1bdr = $453
. 2br = $543
. 3bdr = $620
Only through working with affordable housing providers like HAJC and local, state, and federal
subsidy can such rents be realized. The HAJC builds and manages their affordable housing and with
over 876 units under their ownership throughout the Rogue Valley they have a proven capacity to both
develop and manage affordable housing.
Exclusive of the land costs the HAJC housing project will cost over $10,114,000 in construction costs..
The City's contribution to the land acquired by HAJC would be $150,000. This accounts for a subsidy
of approximately $2,500 per unit. As the 60 units would qualify as affordable units the project will
qualify for a waiver of System Development Charges and Engineering Services Fees. Additionally
HAJC has applied for Ashland Community Development Block Grant Funds to assist in the
development costs of the public streets required of the project. This request is for 345,000 but has not
been awarded as it is scheduled for Council review on November 18, 2008.
Direct subsidy from the City of Ashland would include the waiver of System Development Charges
(SDCs) and Engineering and Community Development Fees that are waived for such projects per
Resolution 2006-13.
The City would forgo collection of an estimated $331,000 in SDC's for this 60 unit affordable
apartment complex. This includes a waiver of$48,891 in SDCs that would be contributed to Parks and
Page 4 of6
CC-Clay St Purchase 11-04-2008
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CITY OF
ASHLAND
$80,000 toward Transportation. However it is important to note that the HAJC has indicated they
would contribute $80,000 toward development of the wetlands which would directly benefit Parks if
they acquire the property essentially offsetting the SDC waiver. Additionally the project would fully
improve their frontage of Clay Street and create two new interior roads with the costs borne by the
HAJC project.
In addition to the SDC waiver the project would benefit from the waiver of approximately $187,000 in
Community Development and Engineering Fees.
Combined the SDC subsidy and waiver of fees accounts for a City contribution of approximately
$518,000 in City Subsidy. The addition of the land value contribution ($150,000) brings this total
subsidy to $668,000. Therefore the average subsidy per unit (60 units) is'$11,133.
This level of subsidy compares favorably to all past affordable housing projects completed in Ashland.
Typically the subsidy exceeds $50,000 per unit to target households at 800/0 median income or below.
The HAJC proposal would provide 60 units affordable to households at 60%AMI or below, for a
minimum of 60 years.
The value to the City in terms of economic development can also be quantified given the expected
$10,140,000 construction costs associated with the HAJC proposal. Each dollar spent on construction
ripples through the local economy as materials and labor are acquired from the local market. A study
conducted by Oregon Housing and Community Services in examining three recent affordable housing
projects revealed that there is a $1.96 increase in economic activity per each dollar of project
expenditure in construction costs. This multiplier indicates that this project will represent an
approximate $20,000,000 boost to the local economic activity. This boost is especially relevant in a
market where construction activity has otherwise slowed, providing needed construction jobs to local
businesses.
Future Options
Through the joint purchase of the 10 acre property the HAJC would have and develop 4 acres of
property. The remaining 6 Acres would be owned by the City and could be developed as Parkland,
wetlands, and additional workforce housing.
In the event the Parks Commission is ultimately able to derive the funding necessary to acquire a
portion of the 10 acre Clay Street property through SDCs, Meals Tax Revenues, disposition of existing
parks property, or other funding streams, they could at that future date purchase a portion of the Clay
Street Property not otherwise obligated for housing use at a value of$360,000 per acre. This potential
parks purchase would repay the inter-fund loan and the contribution from the proceeds of the Lithia
Lot to acquire both the 3.75 area initially set aside for potential Parks use as well as a share of the
designated wetlands.
The additional affordable housing opportunities onsite include a 1.25 acre portion of property along the
southern boundary. This area could accommodate approximately 18 units when developed and would
not be restricted by state or federal affordability requirements. This would allow the City to target the
development of workforce housing affordable to households earning up to 120% the median income.
In targeting this higher income level the city could recapture value through sale of the land at
Page 50[6
CC-Clay St Purchase 11-04-2008
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CITY OF
ASHLAND
approximately $20,000 per unit essentially recouping $360,000 to pay down the $620,000 inter-fund
loan that is necessary to acquire the property at the onset.
Ultimately the City will have limited risk associated with this land exchange and purchase as the value
of the expenditure will be secured in the readily developable property acquired. Further, the efforts of
the HAJC to develop their portion of the property will add value to the remaining land in that it would
then be serviced with new roads and public utilities.
Related City Policies:
Article X, Section 2( c), and Article XIX A, Section 2, of the Ashland City Charter relating to the
purchase or disposition of public property.
Council Options:
To approve, or deny, the proposed land exchange and purchase of the 10 acre property.
Should the Council not wish to proceed with the proposed land trades and acquisition of the 10 acre
property, the Council can conclude this process by taking no further action at this time.
Potential Motions:
Move to approve of the land exchange of City Property including the disposition of three undeveloped
residential Lots on Strawberry Lane and Westwood Street and the Lithia Parking Lot as expressed in
the attached Findings of Fact, and enter into a purchase agreement for acquisition of the 10 acre Clay
Street property in partnership with the Housing Authority of Jackson County.
AttachlI)ents:
Purchase Agreement
Findings Related to the Land Exchange (copies of Exhibits 1-4 are available for viewing at City
Administration)
Letters of Support
Page 6 of6
CC-Clay St Purchase 11-04-2008
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PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT is entered into this _ day of
November, 2008, by and between DRRAM Ashland Limited Partnership ("DRRAM"), The
City of Ashland ("CITY"), and The Housing Authority of Jackson County ("HAJC").
RECIT ALS
A. DRRAM owns certain real, personal, and intangible property commonly known or
identified as 380 Clay Street, which is located in the City of Ashland, Jackson County, Oregon,
as more particularly described in Section 1 and Exhibit A below (hereinafter referred to as the
"Clay Street Property").
B. CITY owns certain real, personal, and intangible properties commonly known or
identified as: (1) t~ee undeveloped residential Lots on Strawberry Lane and (2) the Lithia
Parking Lot located mid block: between Pioneer and First Street on the south side of Lithia Way.
The three Strawberry Lane Lots and Lithia Parking Lot are located in the City of Ashland,
Jackson County, Oregon, and are more particularly described in Section 1 below and Exhibits B
and C respectively (hereinafter collectively, referred to as the "City Property").
C. CITY and HAJC jointly desire to acquire all the Clay Street Property from
DRRAM, and Seller DRRAM is willing to sell, convey and exchange all the Clay Street Property
to Purchasers CITY and HAJC subject to the terms of this Agreement.
D. DRRAM desires to acquire all the City Property from CITY, and Seller CITY is
willing to sell, convey and exchange all the City Property to Purchaser DRRAM subject to the
terms of this Agreement.
E. On November 4, 2008 CITY authorized this purchase, sale and land exchange at
an advertised public hearing in accordance with ORS 221.725 and made findings to support the
exchange in accordance with ORS 271.300 to 271.360.
F. Unless otherwise specified, for purposes of this Agreement "Purchaser" means
DRRAM in relation to the City Property and CITY and HAJC for purposes of the Clay Street
Property. "Seller" means DRRAM for purposes of the Clay Street Property and CITY for
Purposes of the City property.
AGREEMENT
1. Recitals. The recitals set forth above are true and correct and incorporated herein by this
reference.
2. Purchase and Sale of the Property. Seller agrees to sell the Property to Purchaser, and
Purchaser agrees to purchase the Property from Seller, on the terms and conditions set forth in
this Agreement.
(a) The Property consists of:
(1) Clay Street Property consisting of the land described in Exhibit A attached hereto
(the "Land") and all easements, rights, strips, gores, rights-of-way, and any other rights or
interests appurtenant thereto, as well as all the improvements currently situated on the Land (the
"Improvements") .
PURCHASE AND SALE AGREEMENT
Page 1 of 20
(2) City Property - Strawberry Residential Lots (three) consisting of the land
described in Exhibit B attached hereto (the "Land") and all easements, rights, strips, gores,
rights-of-way, and any other rights or interests appurtenant thereto, as well as all the
improvements currently situated on the Land (the "Improvements").
(3) City Property - Lithia Parking Lot consisting of the land described in Exhibit B
attached hereto (the "Land") and all easements, rights, strips, gores, rights-of-way, and any other
rights or interests appurtenant thereto, as well as all the improvements currently situated on the
Land (the "Improvements").
(b) For purposes of this Agreement "Property" also means, all plans and
specifications, all building permits and other permits, if any, pertaining to the construction of the
Improvements, and all warranties, guaranties, and sureties now or hereafter receive~ in
connection with the construction of or equipment on the Improvements, as well as all licenses,
permits, approvals, certificates of occupancy, and franchises relating to the zoning, land use,
ownership, operation, occupancy, construction, or maintenance of the Improvements;
3. Purchase Price. The transaction is an exchange of the Clay Street property, currently
owned by DRRAM for City property and cash. The total value or purchase price to be paid to
DRRAM, that is, the value of the City property plus cash is three million six hundred eighty
thousand dollars ($3,600,000.00).
4. Payment of Purchase Price. The purchase price shall be paid and shall consist of an
exchange of real property and cash as set forth below.
(a) DRRAM shall receive the following at closing:
(1) Fee simple title to three undeveloped residential lots on Strawberry Lane, Ashland,
Oregon, (Exhibit B) with an agreed upon combined fair market value of one million two
hundred thousand dollars ($1,200,000); and
(2) One million two hundred eighty thousand dollars cash ($1,280,000.00) (Housing
Authority of Jackson County participation); and
(3) Six hundred twenty thousand dollars cash ($620,000.00) from the City of Ashland; and
(4) Fee simple title to the Lithia Parking Lot, (Exhibit C) consisting of approximately 7000
square feet in size, with parking and associated improvements, as is, with an agreed upon
fair market value of five hundred thousand dollars ($500,000.00).
(b) CITY and HAJC shall receive the following at closing:
(1 )Fee simple title, as tenants in common with an undivided interest in the entirety, (City
60% and HAJC 40%) to the Clay Street Property, Ashland, Oregon, (Exhibit A).
5. Inspection Contingency
5.1 Inspection Rights. Purchaser will have from the date this agreement is signed
("Effective Date") until midnight ten (10) days before the Closing Date ("Review Period") to
satisfy itself concerning all aspects of the Property, including, without limitation, the physical
condition thereof; the insurance policies, contracts, leases, and all other financial aspects of the
PURCHASE AND SALE AGREEMENT
Page 2 of 20
Property; the availability of any governmental permits and approvals; and the feasibility of using
the Property for Purchaser's intended use. Purchaser will have the right to perform such tests,
inspections, and feasibility studies on the Property as Purchaser may deem necessary; provided,
however, that Purchaser will not conduct any environmental assessment that would require soils
analysis, groundwater testing, or other studies commonly associated with a Phase II
environmental site assessment without the prior written consent of Seller in each instance, which
consent may be withheld or conditioned in Seller's sole discretion. Purchaser will schedule and
coordinate all inspections, including, without limitation, any environmental tests, with Seller and
will give Seller at least two (2) business days' prior written notice thereof. Seller will be entitled
to have a representative present at all times during each such inspection and communication with
tenants.
5.2 Inspection Expenses. All costs and expenses of all Purchaser's tests, inspections,
and studies must be paid by Purchaser when due, regardless of whether this transaction closes.
5.3' Removal of Inspection Contingencies. If, by the end of the Review Period,
Purchaser has notified Seller in writing that Purchaser rejects the Property in its then-current
condition, this Agreement will terminate, whereupon the Deposit, if any, will be refunded to
Purchaser within five (5) days. This Agreement thereafter will be null and void, and neither party
will have any obligation to the other, except as otherwise provided herein. Unless such notice of
rejection is given, the inspection contingency will be deemed waived and this Agreement will be
binding on Purchaser. If Purchaser elects, Purchaser may offer Seller the opportunity to correct
any items Purchaser determines to be unacceptable by providing Seller with written notice of any
required corrections before the end of the Review Period.
5.4 Environmental Assessments. Purchaser is responsible for obtaining its own
environmental inspections of the Land and Improvements. Purchaser agrees to provide Seller
with a true and complete copy of all environmental studies, tests, and reports that Purchaser
obtains in connection with its inspection of the Land or Improvements and, if authorized by
Seller as provided in Section 6.1, with independent sample splits of each soil or groundwater
sample or other substance or material that may be obtained by Purchaser or its consultant in form
and quantity sufficient for independent analysis. Purchaser will pay for all costs of its
environmental inspections regardless of whether this sale closes. If any person is required to
make any report to any governmental agency as the result of any environmental inspection, the
report may be submitted by the Seller or the Purchaser.
6. Sale Contingency. CITY and HAJC Purchasers will have until midnight two days prior
to the Closing Date in which to obtain the Purchase Price, as described in Sections 3 and 4. If, by
that date, CITY and HAJC Purchasers have notified Seller in writing that the CITY and HAJC
Purchasers have not satisfied this contingency, this Agreement will terminate, whereupon the
Deposit, if any, will be refunded. This Agreement thereafter will be null and void and neither
party will have any obligation to the other hereunder, except as otherwise provided herein. If
CITY and HAJC Purchasers fail to give such notice, then the sale contingency will be deemed
waived.
7. Title to the Property
7.1 Title Report. Unless' otherwise provided herein, this transaction is subject to
Purchaser's review and approval of a preliminary title report and the recorded covenants,
PURCHASE AND SALE AGREEMENT
Page 3 of 20
conditions and restrictions ("the report and CC&Rs) showing the condition of title to the
Property. Upon execution of this agreement by Seller and Purchaser, Seller will, at Seller's sole
expense, promptly order the report and CC&Rs from an Oregon title insurance company and
furnish them to Purchaser. Upon receipt of the report and CC&Rs, Purchaser shall have five (5)
business days within which to notify Seller, in writing of any matters disclosed in the report and
CC&Rs which is/are unacceptable to Purchaser. Purchaser's failure to timely object, in writing,
to any matters disclosed in the report and CC&Rs shall constitute acceptance of the report and
CC&Rs. Provided, however, Purchaser's failure to timely object shall not relieve Seller of the
duty to convey marketable title. If, within five (5) business days following receipt of the
objections, if any, Seller fails or elects not to remove or correct the matters identified by the
Purchaser, or does not give written assurances reasonably satisfactory to Purchaser that they will
be removed or corrected, all earnest money, if any, shall be promptly refunded to Purchaser and
this transaction shall be terminated and the agreement rescinded at the election of the Purchaser
and upon written notice to Seller. This contingency is solely for Purchaser's benefit and may be
waived by the Purchaser in writing. At closing, Seller shall furnish to Purchaser an owner's
standard form policy of title insurance insuring marketable title in the Property to Purchaser in
the amount of the purchase price, free and clear of all objections and all other title exceptions
agreed to be removed as part of this transaction. The Purchaser has the right, if the Purchaser so
elects, to cause the title policy to be issued as an extended coverage policy, provided the
Purchaser pays the additional premiums and all survey costs associated with that coverage. If the
Purchaser elects extended coverage, it shall be at Purchaser's sole cost and expense.
8. Seller's Representations
8.1 Content of Representations. Seller represents, warrants, and covenants to
Purchaser as follows:
(a) No Notice of Violation of Zoning and Other Laws. Seller has not received any
written notice from any governmental authority alleging that the Property or Improvements
violate any building codes, building or use restrictions, or zoning ordinances, rules, or
regulations.
(b) No Litigation. To Seller's knowledge, there is no pending or threatened litigation
or administrative action with respect to the Property or Improvements.
(c) No Condemnation. To Seller's knowledge, there is no pending or contemplated
eminent domain, condemnation, or other governmental taking of the Property or any portion
thereof.
(d) No Additional Assessments. To Seller's knowledge, there are no extraordinary
governmental assessments or impositions levied against, applicable to, or proposed for the
Property as distinct from ordinary ad valorem property taxes, which will be disclosed in the Title
Report.
(e) No Government Obligations. To Seller's knowledge, there are no unperformed
obligations that are currently due relative to the Property to any governmental or quasi-
governmental body or authority. Seller and Purchaser acknowledge that (1) Seller DRRAM's
Clay Street Property is subject a several land use approvals with conditions and permit
obligations which will come with the property ~d may have to be amended and (2) Seller
CITY's Strawberry Property is subject to modest Covenants Conditions and Restrictions
negotiated with adjacent owners to avoid land use appeal for the land division.
PURCHASE AND SALE AGREEMENT
Page 4 of 20
(f) No Seller Contamination. To Seller's knowledge, Seller has not caused any
hazardous substance, waste, or material to be used, generated, stored, or disposed of on or
transported to or from the Land or Improvements in violation of any applicable law before or
during the period in which the Seller has owned the Property. For the purposes of this paragraph,
"hazardous substance, waste, or material" means all petroleum-based products, radon, asbestos,
PCBs, and all substances, wastes, and materials that are so defined in t~e Comprehensive
Environmental Response, Compensation, and Liability Act, 42 USC SS9601-9675; the Resource
Conservation and Recovery Act, 42 USC SS6901-6992k; and the Hazardous Materials
Transportation Act, 49 USC SS5101-5128.
(g) Authority of Seller. Seller's execution of, delivery of, and performance under this
Agreement are undertaken according to authority validly and duly conferred on Seller and the
signatories hereto.
(h) No Breach of Agreements. This Agreement and the consummation of the
transaction evidenced by this Agreement do not violate any other agreement, contract, or lease to
which Seller is a party.
(i) Nonforeign Status. Seller is not a "foreign person" as defined in IRC SI445(f)(3),
and Seller is not a "transferor" as defined in ORS 314.258(2)(b).
(D NoT enants. There are no tenants on the Property and the property is not subj ect
to any leases.
8.2 Survival of Warranties. All Seller's warranties in this Agreement are deemed
given only as of the date of this Agreement. Seller's liability for any misrepresentation or the
breach of any warranty under this Agreement will survive the closing of this transaction, but any
claim for any misrepresentation or breach of any covenant will be deemed to have been waived
unless Purchaser files and serves a complaint for damages or other remedies based on the alleged
misrepresentation or breach within one year after the Closing Date.
9. Purchaser's Representations
Purchaser represents, warrants, and covenants to Seller as follows:
9.1 Purchaser's Existence and Authority. Purchaser is a validly existing and duly
organized and established legal entity and has the full right and authority to conduct its business
under the laws of the state of Oregon.
9.2 No Litigation. Purchaser is not a party to any litigation or civil or criminal
proceedings relevant to its ability to purchase property; no petitions in bankruptcy have been
filed by or against Purchaser; and none of Purchaser's assets are currently subject to any
insolvency, receivership, or foreclosure proceedings.
9.3 No Breach of Agreements. This Agreement does not breach or violate any term or
provision of any other agreement or contract to which Purchaser is a party.
10. Conditions to Closing.
10.1 Purchaser's Conditions.
(a) Necessary Approvals, Agreements and Conditions.
(I) The CITY must approve the land exchange / transfer of the Strawberry
Lots and the Lithia Parking Lot as part of the Purchase Price in accordance with state statutes,
including pursuant to a public hearing in accordance with ORS 221.725 and made findings to
support the exchange in accordance with ORS 271.300 to 271.360.
PURCHASE AND SALE AGREEMENT
Page 5 of 20
(2) The CITY and the HAJC must enter into an Intergovernmental Agreement
or Memorandum of Understanding concerning the future land division of the property between
the entities. The future land division will be in substantial conformity with the site layout plan,
attached as Exhibit D, which gives the HAJC approximately four (4) acres of the Clay Street
Property and the CITY approximately six (6) acres of the Clay Street Property.
(3) Seller's Compliance. Seller's fulfillment of each of its obligations under
this Agreement in all material respects, including specifically but not limited to Title, that is at
closing the Seller shall convey fee simple title to the Property by statutory warranty deed, subject
only to non-delinquent real property taxes, specified items of the preliminary title report from the
"Preliminary Commitment", a copy of which is included in the record of this proceeding and
such other matters that may be approved in writing by the Purchaser.
(4) Seller's Representations: The continuing accuracy of all Seller's
warranties and representations in this Agreement in all material respects.
(5) Material Casualty. The absence of any material damage to the
Improvements that has been caused by casualty and not repaired by the Closing Date. For the
purposes of this paragraph, a material damage caused by casualty encompasses any damage by
fire or other casualty that has not been repaired and paid for by the Closing Date.
(6) Title Insurance. The Title Company must be ready, willing, and able to
issue an extended coverage American Land Title Association owner's policy of title insurance in
the amount of the Purchase Price, insuring title in Purchaser to the Premises consistent with the
terms of this Agreement and subject only to the title exceptions approved or deemed approved by
Purchaser.
10.2 Seller's Conditions. Seller's obligation to close this transaction is subject to the
satisfaction of each of the following conditions:
(a) Purchaser's Compliance. Purchaser's fulfillment of each of its obligations under
this Agreement.
(b) Purchaser's Representations: The continuing accuracy of all Purchaser's
warranties and representations in this Agreement.
11. Closing.
11.1 Time is of the Essence. Closing shall occur on a date mutually agreed upon by
Seller and Purchaser, but in no event later than December 31,2008. The terms "closed",
"closing" or "closing date" shall mean when the deed or contract is recorded, a title insurance
policy is ready to be issued, and the Purchase Price is made available to Seller. Seller and
Purchaser acknowledge that for closing to occur by the Closing Deadline, it may be necessary to
execute documents and acquire the Purchase Price, as described in Section 3, prior to that date.
11.2 Deliveries at Closing
(a) On or before the Closing Date, the Seller shall deliver the following:
(1) Deed. A statutory warranty deed duly executed and acknowledged in recordable
form by the Seller, conveying the Property to the Purchaser subject only to non-delinquent
property taxes, specified exceptions to the Preliminary Commitment, and other matters that may
be approved in writing by the Purchaser.
(2) Bill of Sale. A bill of sale, duly executed and acknowledged by the Seller in favor
of the Purchaser, assigning and conveying to the Purchaser all of the Seller's right, title, and
PURCHASE AND SALE AGREEMENT
Page 6 of 20
interest in and to the improvements, and personal property, if any, used in connection with the
operation of the Property, free and clear of all liens, encumbrances, and adverse claims.
(3) Assignment of Leases. There are no leases existing and the Parties agree not to
enter into any leases impacting the Property. If leases are discovered, an assignment of leases, if
any, duly executed and acknowledged by the Seller in recordable form, assigning to the
Purchaser, all of the Seller's right, title, and interest in and to all the tenant leases and tenant
deposits.
(4) General Assignment. An assignment, duly executed by the Seller, assigning to the
Purchaser all of the Seller's right, title, and interest in and to all service contracts accepted by the
Purchaser and all other intangible property constituting part of the property being sold.
(5) Non-foreign Certification. The Seller represents and warrants that it is not a
"foreign person" as defined in IRC ~1445. The Seller will give an affidavit to the Purchaser to
this effect in the form required by that statute and related regulations.
(6) Tenant Notification Letter. There are no tenants and the parties agree not to rent
or lease the premises. In the event leases are discovered, a letter to tenants, duly executed by the
Seller and dated as of the Closing Date, satisfactory in form and substance to the Purchaser,
notifying each tenant that:
A. The Property has been sold to the Purchaser;
B. All of the Seller's right, title, and interest in and to the tenant leases and tenant
deposits have been assigned to the Purchaser; and
C. Commencing immediately, all rent and other payments and any notices under
tenant leases are to be paid and sent to the Purchaser.
(7) Changes of Address. Written notices executed by the Seller to taxing authorities
having jurisdiction over the Property, changing the address for service of notice and delivery of
statements and bills.
(8) Proof of Authority. Such proof of the Seller's authority and authorization to enter into
this Agreement and consummate the transaction contemplated by it, and such proof of the power
and authority of the persons executing and/or delivering any instruments, documents, or
certificates on behalf of the Seller to act for and bind the Seller, as may be reasonably required by
the Purchaser.
(9) Lien Affidavits. Any lien affidavits or mechanic's lien indemnifications as may be
reasonably requested by the Title Company in order to issue the title policy.
(10) Proration's. The amount due, specifically taxes, including deferred taxes, if any,
after the proration's are computed in accordance with the following:
(a) General. Rental, revenues, and other income, if any, from the Property and
presently existing taxes, assessments, improvement bonds, and other expenses, if any, affecting
the Property, shall be prorated as of the day following the Closing Date. For the purpose of
calculating prorations, the Purchaser shall be deemed to be in title to the Property and, therefore,
entitled to the income and responsibility for the expenses for the entire day following the Closing
Date. Closing will not occur unless all presently existing taxes including deferred taxes have
been paid or submitted at the time of closing.
(b) Method of Proration. All prorations shall be made in accordance with
customary practice in Jackson County, Oregon, except as expressly provided herein. The
Purchaser and the Seller agree to cause their accountants to prepare a schedule of tentative
prorations before the Closing Date. Such proration's, if and to the extent known and agreed on as
PURCHASE AND SALE AGREEMENT
Page 7 of 20
of the Closing Date, shall be paid by the Purchaser to the Seller (if the proration's result in a net
credit to the Seller) or by the Seller to the Purchaser (if the proration's result in a net credit to the
Purchaser) by increasing or reducing the cash to be paid by the Purchaser at closing. Any such
proration's not determined or not agreed on as of the Closing Date shall be paid by the Purchaser
to the Seller, or by the Seller to the Purchaser, as the case may be, in cash as soon as practicable
following the Closing Date.
(b) On or before the Closing Date, the Purchaser shall deliver the following to tine
Seller:
(1) Purchase Price. The purchase price in accordance with this Agreement,
including specifically Sections 2-4 above.
(2) General Assignment. The general assignment duly executed by the
Purchaser.
11.3 Title Insurance. As soon as possible after the Closing Date, the Escrow Agent will
furnish Purchaser a standard American Land Title Association form of owner's policy of title
insurance in the amount of the purchase price for the Property, subject only to the Escrow
Agent's standard preprinted exceptions and exclusions for the form and except for the matters
accepted or deemed accepted by Purchaser under this Agreement. The costs of additional or
extended title insurance beyond standard coverage will be paid by Purchaser, and the availability
of any such coverage will not be a condition of closing.
11.4 Possession. Seller will deliver possession of the Property to Purchaser on the
Closing Date.
11.5 Acceptance of Property. Purchaser acknowledges that Purchaser has assessed, or
has had the opportunity to assess, the size, configuration, utility service, environmentally
sensitive areas, means of access, permitted uses, status of title, value, condition, and all other
material aspects of the Property, and, except as specifically stated herein, Purchaser is not relying
on, nor has Purchaser been influenced by, any statement or representation of Seller or any agent
or representative of Seller regarding any of such items. Except for any actionable breaches of
Seller's representations and warranties contained herein, Purchaser's acceptance of the Property
and the satisfaction or waiver of all Purchaser's conditions to closing will be evidenced solely by
the closing of this transaction and without any other act or confirmation by Purchaser. Purchaser
does not have the option to close this transaction without accepting the Property in its then
current condition, and Purchaser acknowledges that except for any Seller's breach of an express
warranty stated in this Agreement, Purchaser is acquiring the Property "AS IS, WHERE IS" in its
current condition existing as of the Closing Date, without any representation or warranty of any
kind or nature by Seller.
11.6 Indemnification. Seller will defend, indemnify, and hold harmless Purchaser from
and against all third-party claims for premises liability regarding any injury or damage to the
third party or its property that occurred on or about the Property before the Closing Date.
12. Defaults and Failure to Close
12.1 Seller's Remedies. In the event that this transaction fails to close on account of a
default by Purchaser under this Agreement, the Deposit, if any, will be forfeited by Purchaser and
retained by Seller as liquidated damages as Seller's sole remedy for the default. SUCH
AMOUNT HAS BEEN AGREED BY THE PARTIES TO BE REASONABLE
COMPENSATION AND THE EXCLUSIVE REMEDY FOR PURCHASER'S DEFAULT,
PURCHASE AND SALE AGREEMENT
Page 8 of 20
SINCE THE PRECISE AMOUNT OF SUCH COMPENSATION WOULD BE DIFFICULT TO
DETERMINE.
12.2 Purchaser's Remedies. If this transaction fails to close on account of a default by
Seller under this Agreement, Purchaser will be entitled to any remedies for breach of contract
that may be available under applicable law, including without limitation the remedy of specific
performance and the right to recover its actual and consequential damages.
12.3 Defaults. Except for either party's wrongful failure to close or satisfy a condition
to closing by the required Closing Date, neither party will be deemed in default under this
Agreement unless the party is given written notice of its failure to comply with this Agreement
and the failure continues for a period of twenty (20) days after the date the notice is given. This
section will not be construed as extending the time by which any notice or contingency waiver
must be given.
12.4 Costs and Attorney Fees. If suit, action, arbitration, or mediation is instituted to
interpret or enforce the terms of this Agreement or with respect to any dispute under this
Agreement, the prevailing party is entitled to recover from the other party the sum that the court,
arbitrator, or mediator may adjudge reasonable as costs and expert witness and attorney fees in
any such proceeding, at trial, on any appeal or petition for review, and in any bankruptcy
proceeding (including the adjudication of any issues peculiar to bankruptcy law), in addition to
all other sums provided by law.
12.5 Waiver of Jury Trial. AS PART OF THE CONSIDERATION FOR THIS
AGREEMENT, EACH OF THE PARTIES HERETO W AWES THE RIGHT TO TRIAL BY
JURY IN CONNECTION WITH ANY DISPUTE OR ACTION UNDER THIS AGREEMENT.
13. Conduct of Business
13.1 Operations. Between the date of this Agreement and the Closing Date, Seller will
continue to manage the Property in accordance with its current practices, and Seller will not take
any steps or actions that it knows would be materially detrimental to the value of the property.
13.2 Contracts. Between the Effective Date and the Closing Date, DRRAM Seller will
not enter into any equipment purchase contract that will not be paid in full before the Closing
Date or any service or maintenance contract that cannot be canceled upon thirty (30) days' notice
at no cost to Purchaser unless Seller first obtains the written approval of Purchaser, which
approval will not be unreasonably delayed, conditioned, or withheld.
13.3 Insurance. Seller agrees to continue to maintain its current casualty and liability
insurance policies on the Property until the Closing Date but has no responsibility for
maintaining any such insurance after the Closing Date or to assign any policy to Purchaser.
13.4 Property Maintenance. Between the date of this Agreement and the Closing Date,
Seller agrees to maintain and make ordinary repairs to the Property so as to cause the Property to
be delivered to Purchaser in substantially the same condition existing as of the end of the Review
Period, ordinary wear and tear, damage by casualty, and damage by condemnation excepted.
Each party will promptly notify the other regarding any item of repair, replacement, or
maintenance of which it becomes aware and that requires an expenditure in excess of one
thousand dollars ($1000.00). In no event will Seller be required to make any capital repairs or
replacements to the Property between the Effective Date and the Closing Date.
13.5 No Additional Obligations. Except as provided in this section, Seller has no
obligation to maintain, repair, alter, reconstruct, or replace any portion of the Property or
PURCHASE AND SALE AGREEMENT
Page 9 of 20
-_...-""T""'......---".~ ._~.__...-__.._,..,.. _..._~_._._.____.... .'__"___ __,' ___.., ._________ ____________
preserve or enter into any existing or new leases or service contracts, and Purchaser
acknowledges that there exist no express or implied representations or covenants to do so.
14. Legal Relationships
14.1 Relationship of Parties. This Agreement creates only the relationship of Seller and
Purchaser, and no joint venture, partnership, or other joint undertaking is intended hereby.
Neither party hereto will have any rights to make any representations or incur any obligations on
behalf of the other. Neither party has authorized any agent to make any representations, admit
any liability, or undertake any obligation on its behalf. Neither party is executing this Agreement
on behalf of an undisclosed principal.
14.2 No Third-Party Beneficiaries. No third party is intended to be benefited or
afforded any legal rights under or by virtue of this Agreement.
14.3 Joint and Several Liability. As regards CITY and HAlC, the division of any
liability shall be 60% City and 40% HAlC and shall not be joint and several. If any other party
comprises more than one person or entity, the obligations of each person or entity comprising
such party under this Agreement will be joint and several.
14.4 Indemnified Parties. Any indemnification contained in this Agreement for the
benefit of a party will extend to the party's members, directors, shareholders, officers, employees,
and agents.
14.5 Assignments and Successors. Purchaser may not assign or otherwise transfer this
Agreement or any interest herein, voluntarily, involuntarily, or by operation of law, without the
prior written consent of Seller in each instance consent will not be unreasonably withheld.
Purchaser will not be released from its obligations under this Agreement in the event of any
assignment or transfer by Purchaser. Subject to the foregoing, this Agreement will bind and inure
to the benefit of the parties hereto and their respective Successors and assigns.
15. General Provisions
15.1 Notices. Notices under this Agreement must be in writing and, if personally
delivered or sent by facsimile, will be effective when received. If mailed, a notice will be deemed
effective on the second day after deposited as registered or certified mail, postage prepaid,
directed to the other party. Notices must be delivered, mailed, or sent by facsimile to the
following addresses and telephone numbers:
DRRAM:
Attn:
Facsimile No.:
with a copy to:
Attn:
Facsimile No.:
PURCHASE AND SALE AGREEMENT
Page 10 of20
CITY:
City of Ashland
20 E. Main St.
Ashland, OR 97520
Attn: Martha Bennett, City Administrator
Facsimile No.: 541 - 488 - 5311
with a copy to:
Richard Appicello, City Attorney
20 E. Main St.
Ashland, OR 97520
Facsimile No.: 541 - 488 - 2092
HAJC
The Housing Authority of Jackson County
Attn:
Facsimile No.:
with a copy to:
Attn:
Facsimile No.:
Either party may change its address for notices by giving at least fifteen (15) days'
advance written notice to the other.
15.2 Time of Essence. Except as otherwise specifically provided in this Agreement,
time is of the essence for each and every provision of this Agreement.
15.3 Invalidity of Provisions. If any provision of this Agreement, or any instrument to
be delivered by Purchaser at closing under this Agreement, is declared invalid or is unenforceable
for any reason, the provision will be deleted from the document and will not invalidate any other
provision contained in the document.
15.4 Neutral Construction. This Agreement has been negotiated with each party having
the opportunity to consult with legal counsel and will be construed without regard to which party
drafted all or part of this Agreement.
15.5 Captions. The captions of the sections and paragraphs in this Agreement are used
solely for convenience and are not intended to limit or otherwise modify the provisions of this
Agreement.
15.6 Waiver. The failure of either party at any time to require performance of any
provision of this Agreement will not limit the party's right to enforce the provision. Waiver of
any breach of any provision will not be a waiver of any succeeding breach of the provision or a
waiver of the provision itself or any other provision.
PURCHASE AND SALE AGREEMENT
Page 11 of20
15.7 Subsequent Modifications. This Agreement and any of its terms may be changed,
waived, discharged, or terminated only by a written instrument signed by the party against whom
enforcement of the change, waiver, discharge, or termination is sought.
15.8 Saturdays, Sundays, and Legal Holidays. If the time for performance of any of the
terms, conditions, and provisions hereof falls on a Saturday, Sunday, or legal holiday, then the
time of the performance will be extended to the next business day thereafter.
15.9 Venue. In any action brought to interpret or enforce any of the provisions of this
Agreement, the venue will be in Jackson County, Oregon.
15.10 Applicable Law. This Agreement will be construed, applied, and enforced in
accordance with the laws of the state of Oregon. All sums referred to in this Agreement will be
calculated by and payable in the lawful currency of the United States.
15.11 Entire Agreement. This Agreement constitutes the entire agreement of the parties
with respect to the Property and supersedes and replaces all written and oral agreements
previously made or existing between the parties.
15.12 No Offer. By providing an unexecuted copy of this Agreement to any person,
neither party is deemed to have made an offer to sell or purchase or otherwise indicated its
willingness to enter into any transaction with respect to the Property, and this Agreement will not
be binding on any party unless and until it has been fully executed and delivered by Seller and
Purchaser.
15.13 No Recording. Neither this Agreement nor any memorandum or short form
thereof may be recorded.
15.14 Counterparts. This Agreement may be executed simultaneously or in
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same contract.
15.15 Facsimile Copies. Either party may rely on facsimile copies of this Agreement to
the same extent as the originals.
15.16 Statutory Warning (ORS 93.040(2)). THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS
AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY
ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY
THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF
FIRE PROTECTION FOR STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007.
PURCHASE AND SALE AGREEMENT
Page 12 of20
[THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL
ASSESSMENT UNDER ORS 358.505. ORS 358.515 REQUIRES NOTIFICATION TO THE
STATE HISTORIC PRESERVATION OFFICER OF SALE OR TRANSFER OF THIS
PROPERTY.]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year first above written.
DRRAM:
By:
Printed Name:
Its:
Date Executed:
CITY:
HAJC:
By:
Printed Name:
Its:
Date Executed:
By:
Printed Name:
Its:
Date Executed:
PURCHASE AND SALE AGREEMENT
Page 13 of 20
ST ATE OF OREGON )
) ss
County of Jackson )
The foregoing instrument was acknowledged before me this day of , 2008,
by , as the Member and authorized agent ofDRRAM Ashland
Limited Partnership.
Notary Public for Oregon
My Commission Expires:
Approved as to Form:
OSB
Attorney for DRRAM
STATE OF OREGON )
) ss
County of Jackson )
The foregoing instrument was acknowledged before me this _ day of , 2008, by John
Morrison, as the Mayor and authorized agent of the City of Ashland, Oregon, on behalf of said City.
Notary Public for Oregon
My Commission Expires:
Approved as to Form:
Richard Appicello, OSB 904331
City Attorney
STATE OF OREGON )
) ss
County of Jackson )
The foregoing instrument was acknowledged before me this _ day of , 2008, by
, as the authorized agent of the Housing Authority of Jackson County, on behalf
of said Authority.
Notary Public for Oregon
My Commission Expires:
Approved as to Form:
OSB 904331
Attorney for DRRAM
PURCHASE AND SALE AGREEMENT
Page 14 of20
EXHIBIT A
Description of Clay Street Property
Beginning at a point on line between the Southeast Quarter of the Southwest Quarter, and the
Southwest Quarter of the Southwest Quarter of Section 11, Township 39 South, Range 1 East of
the W.M., Jackson County, Oregon, 9.95 chains North of the Southeast comer of the Southwest
Quarter of the Southwest Quarter of said Section 11, thence North along said line, 9.95 chains,
thence North 890 1035' West 10.05 chains; thence South 9.95 chains, thence South 890 1035'
East 10.05 chains to the point of beginning. (Map No. 391EIIC, Tax Lot 2500. Account No. 1-
011503-1, Code 5-08)
PURCHASE AND SALE AGREEMENT
Page 15 of20
--..--,-........---....-...-.--.--." ......-.--.----....-... -"-"'-'-'-'----'-"------...-. -..-
EXHIBIT B
Description of City Property
Three Strawberry Residential Properties
PURCHASE AND SALE AGREEMENT
--~---,.........._-_..--.__._-....._-,-,._---,._---_._"- 0" _ __ _'~_'__"_ ___'_..'U._
Page 16 of20
EXHIBIT C
Description of City Property
Lithia Parking Lot Property
PURCHASE AND SALE AGREEMENT
Page 17 of20
EXHIBIT D
Site Layout for 380 Clay Street
PURCHASE AND SALE AGREEMENT
Page 18 of20
EXHIBIT E
List of Property Documents
1. Real estate tax statements for the past three years and any correspondence with local
assessors in Seller's possession.
2. List of all significant recurring services costing an average of more than $1,000 per
month (include vendor, cost, and frequency).
3. Any environmental assessments or audits of the Property that are in Seller's possession or
under Seller's control.
4. Any engineering reports or studies of the Property that are in Seller's possession or under
Seller's control.
PURCHASE AND SALE AGREEMENT
Page 19 of20
EXHIBIT F
Statutory Warranty Deeds
F -1 Clay Street
F-2 Strawberry Lots
F-3 Lithia Parking Lot
[Form of Applicable Deed]
PURCHASE AND SALE AGREEMENT
Page 20 of 20
BEFORE THE CITY COUNCIL
CITY OF ASHLAND, JACKSON COUNTY, OREGON
November 4, 2008
IN THE MATTER OF A REAL PROPERTY
EXCHANGE OF APPROXIMATELY 1.71 ACRES
OF CITY PROPERTY FOR 4.72 ACRES OF A 10
ACRE PRIVATE PROPERTY PURSUANT TO
ORS 271.310-271.350 AND PUBLIC HEARING
PROCEEDURES IN ORS 221.725
APPLICANT: City of Ashland
) FINDINGS OF FACT
) CONCLUSIONS OF LAW
) AND ORDER
)
)
)
)-
I. NATURE OF PROCEEDINGS
This matter comes before the City Council for the City of Ashland for a public hearing concerning a real
property exchange pursuant to statutory notice and hearing requirements of ORS 221.725.
On November 4,2008, the Ashland City Council, at the City Council Chambers at 1175 East Main Street
conducted an advertised public hearing on a proposed real property exchange pursuant to ORS 271.310 - ORS
271.350.
The nature of the land exchange, including appraisal and other evidence of market value were fully disclosed in
the staff report and supporting documents entered into the record at the public hearing.
At such Public Hearing the City Council received written and oral testimony from interested parties on the
question of the land exchange.
Based upon the evidence in the record, the City Council for the City of Ashland makes the following findings of
fact and conclusions of law:
II. FINDINGS OF FACT
1) The Nature of Proceedings set forth above are true and correct and are incorporated herein by this
reference.
2) The City property subject to the real property exchange consists of three separate parcels of City-owned
property comprising approximately 1.71 acres of property. These City-owned properties include a 1.05 acre
property located on Westwood (39 IE 08BD Tax Lot 102), a 0.5 acre property located on property Strawberry
Lane (39 IE 08BD Tax Lot 104) and a 0.16 acre property on Lithia Way (39 IE 09AB Tax Lot 10800). The
legal description and drawings of each of the City properties is more fully set forth in the record of this
proceeding and incorporated herein by this reference.
3) The private property subject to the real property exchange consists of approximately 4.72 acres of a 10
acre property located at 380 Clay Street (39 IE 11C Tax Lot 2500). The owner of the private property is
Real Property Exchange Findings
Page 1
DRRAM Ashland LP. This property appears on City's Parks, Trails and Open Space Master Plan Map (a part
of City's Comprehensive Plan) as Short-Term Acquisition Area "3". The legal description and drawings of the
DDRAM property is more fully set forth in the record of this proceeding and incorporated herein by this
reference. In addition to this real property, the City and the Housing Authority of Jackson County will purchase
the remaining 5.28 acres of the original 10 Acre property. This additional land area is not included in the
valuation of this exchange.
4) The approximately 4.72 acres of property received by the City in exchange for the City property will be
used for the development of affordable housing, public streets, active athletic fields, passive recreation, and
public open space including the enhancement of significant wetlands located on the property. The reasons
stated for City Council consideration for the exchange include but are not limited to the support of the
development of affordable housing and the added value to the City's Park's system.
III. FINDINGS APPLYING APPLICABLE STATUTORY CRITERIA
1) The Council finds and determines that the relevant st~tutory criteria to find property eligible for a real
property exchange involving City property are found in or referenced in ORS 271.31 O-ORS 271-350 as well as
ORS 221.725.
2) The Council finds that it has received all information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits and evidence received.
3) The Council finds and determines that this proposal to exchange real property meets all applicable statutory
minimum criteria for eligibility to exchange real property, as more fully set forth herein. Further the City Council
finds and determines that the proposed disposition of real property in the real property exchange is deemed
"necessary or convenient" to the City, and furthers the public interest. This finding is supported by competent
substantial evidence in the whole record as well as the detailed findings set forth herein and incorporated herein by
this reference.
Minimum Criterion for Eligibility for Real Property Exchange
4) [ORS 271.310], [ORS 271.340] & [ORS 271.350]
ORS 271.310. Transfer or lease of real property owned or controlled by political subdivision;
procedure in case of qualified title.
(1) Except as provided in subsection (2) of this section, whenever any political subdivision
possesses or controls real property not needed for public use, or whenever the public interest may
be furthered, a political subdivision may sell, exchange, conveyor lease for any period not
exceeding 99 years all or any part of their interest in the property to a governmental body or
private individual or corporation. The consideration for the transfer or lease may be cash or real
property, or both.
***
(3) Unless the governing body of a political subdivision determines under subsection (1) of this
Real Property Exchange Findings
Page 2
section that the public interest may be furthered, real property needed for public use by any
political subdivision owning or controlling the property shall not be sold, exchanged, leased or
conveyed under the authority of ORS 271.300 to 271.360, except that it may be exchanged for
property which is of equal or superior useful value for public use. Any such property not
immedia~ely needed for public use may be leased if, in the discretion of the governing body having
control of the property, it will not be needed for public use within the period of the lease.
ORS 271.340. Property valuation in exchange to be equal.
When property is exchanged under the authority of ORS 271.310 to 271.330, the value of the real
property accepted by the political subdivision in exchange for any of its property plus cash, if any,
shall not be less than the value of the property relinquished.
ORS 271.350. Determining valuation of property in exchanges.
The value of the respective properties proposed to be exchanged shall be determined by the
governing body of the political subdivision. The governing body shall cause it to be appraised by
one or more competent and experienced appraisers. The compensation, if any, of the appraisers
shall be borne equally by the respective owners of the property. In case the valuation shall not be
mutually satisfactory to the respective owners it shall not be binding upon them.
The statutory requirements are summarized herein:
In order to sell, conveyor exchange real property, ORS 271.310(1) (3) requires that the Council find either that
the property is "not needed for public use" or "that the public interest may be furthered." ORS 271.310(3) also
requires that unless there is a finding the public interest may be furthered, if the property is needed for public
use, that property may only be exchanged if the property received is of equal or superior useful value for public
use.. ORS 271.340 clearly established that the monetary value of real property accepted by the City must not
have a monetary value less than the value of the property relinquished. The valuation must be established by the
City pursuant to ORS 271.350 based on appraisals.
Pursuant to ORS 271.310, the City Council finds and determines that the public interest will be furthered by
the exchange of the City Property previously and currently utilized as a public parking lot on Lithia Way, and
the 1.55 acres of undeveloped property City Property on Strawberry Lane and Westwood Street. The DRRAM
Ashland LP Property appears on City's Parks, Trails and Open Space Master Plan Map (a part of City's
Comprehensive Plan) as Short-Term Acquisition Area "3". The real property exchange in addition to a cash
contribution from the Housing Authority of Jackson County and the City, allows acquisition of a ten acre parcel
of property (DDRAM Property) identified on City's adopted 2002-2012 Parks, Trails, and Open Space Master
Plan's short term acquisition list. Acquisition by City of the DRRAM Ashland LP property also provides City
with the opportunity to work in partnership with the Housing Authority of Jackson County and other affordable
housing providers to develop approximately 78 needed affordable housing units in furtherance of meeting the
City's low-income and workforce housing needs. The real property exchange also provides the public with
improved access to the existing City-owned YMCA park from the Clay Street public right of way. Further,
Real Property Exchange Findings
Page 3
~
acquisition of the DRRAM Ashland LP Property provides City with an opportunity to benefit the community by
preserving and enhancing the approximate one-acre of significant wetlands adjacent to Clay Street.
The 1.55 acres of City Property on Strawberry Lane and Westwood Street to be exchanged herein is currently
zoned to accommodate three single family homes on ~ acre lots, and presently serves no public purpose. The
0.16 acre City property located on Lithia Way to be exchanged herein is presently used as a public parking lot
providing thirteen 4hr parking spaces within Ashland's downtown. Because the 0.16 acre City Property on
Lithia Way to be exchanged currently provides public parking, the City cannot find that the property is not
necessary for public use.
Concerning the monetary value of the exchange, the City Council finds and determines that consistent with ORS
271.350.
In July 2007, the City of Ashland received a Report reflecting an Appraised Value of the 10 acre DRRAM
Ashland LP Property conducted by Glen Tiffany MAl, Advanced Appraisal Technology, State Certified
Appraiser # C000450 (Exhibit 1). This Appraisal Report was commissioned by DRRAM Ashland LP, with the
appraisal cost borne by DRRAM Ashland LP. In June of 2008 the City commissioned a second appraisal to
inform the determination of value for the DRRAM Ashland LP property and received an Appraisal Report from
Christine M. Pellett, MAl, Real Estate Appraiser and Consultant, State Certified Appraiser # COOO 194, with the
appraisal cost borne by the City of Ashland (Exhibit 2). In consideration of these two separate appraisals
utilized in determining the value of the DRRAM Ashland LP property the cumulative cost of appraisals was
borne equally by the City and DRRAM Ashland LP.
Independent of the proposed exchange the City commissioned appraisal reports to determine the fair market
value of the respective real properties owned by the City, which are now to be exchanged, from a qualified
licensed appraiser with experience in similar real estate appraisals. In June 2008 the City received Appraisal
Reports conducted by Christine M Pellett, MAl and commissioned by the City reflecting the Value of the City-
owned properties including the 0.16 acre Lithia Way property and the 1.05 acre property on Westwood Street
(Exhibit 3). In October 2006 the City commissioned an appraisal by Kathlessn Mackris, Mackris Appraisal
Services, State Certified Appraiser # L000526, to establish the market value of the 0.5acre City-owned property
on Strawberry Lane (Exhibit 4).
The Council finds and determines that the appraisers were competent and experienced. The respective
Appraisal Reports, for the DRRAM Ashland LP and the City Properties are included in the record and
incorporated herein by reference. The Appraisal Reports and supporting documents were made available to the
public prior to the public hearings before b City Council.
The City Council is charged with the determination of the value of the exchanged properties pursuant to ORS
271.350. Based upon the appraisal documents, the City Council finds and determines that the City Property to
be conveyed to DRRAM Ashland LP is less than the monetary value of the DRRAM Ashland LP Property to be
conveyed to the City in connection with said real property exchange, as reflected in attached Exhibit 1, Exhibit
2, Exhibit 3, and Exhibit 4 in the record, incorporated herein by reference. Pursuant to ORS 271.310, ORS
271.340, and ORS 271.350, City finds that the value of the DRRAM Ashland LP to be exchanged is
$1,700,000. City further finds that the value of the City Property to be exchanged is $ 1,535,000. City finds
Real Property Exchange Findings
Page 4
that the difference in value between the parcels being exchanged is $165,000 in favor of City, based on the
analysis and conclusions contained in the Appraisal Reports commissioned by City, contained in the record and
incorporated herein by this reference. DRRAM Ashland LP has agreed to accept the value of the City properties
as contributing $1,700,000 toward a total $3,600,000 purchase price accounting for approximately 4.72 acres of
the 10 acre property at a cost of $360,000 per acre. The proposed use of the property received by the City shall
be for affordable workforce housing, parkland, recreation, open space, and public facilities.
Concerning the requirement that the property received have equal or superior useful value for public use, the
City's Parks and Recreation Commission has endorsed the real property exchange, conceptually, on September
29,2008. The City of Ashland Housing Commission unanimously endorsed the real property exchange on
October 23,2008.
IV. ORDER
In sum, the City Council finds and determines that the real property exchange is necessary or convenient, that
the exchange furthers the public interest, that the exchange will be for property that is of equal or superior useful
value for public use, including affordable housing, recreational use, and that the monetary value of the real
property accepted is not less that the monetary value of the property relinquished.
Accordingly, based on the above Findings of Fact and Conclusions of Law, and based upon the evidence in the
whole record, the City Council hereby APPROVES the real property exchange described herein subject to
compliance with the conditions of approval, set forth herein. The following are the conditions and they are
attached to the approval:
. The real property exchange is subject to the contingencies outlined in the Purchase Agreement between
DRRAM Ashland LP, The City of Ashland, and the Housing Authority of Jackson County (Exhibit 5).
Ashland City Council Approval
Mayor John W. Morrison
Signature authorized and approved by the full Council this _ day of
,20_
Approved as to form:
Date:
Richard Appicello, City Attorney
Real Property Exchange Findings
Page 5
~~
~~
HOUSING AUTHORITY OF JACKSON COUNTY
2251 TABLE ROCK ROAD MEDFORD OR 97501
PHITDD (541) 779-5785
FAX (541) 857-1118/ FAX 779-4656
July 24,2008
Linda Reid
Housing Specialist
City of Ashland
20 East Main St.
Ashland, OR 97520
Re: Letter of Intent - Cooperative Land Purchase
Dear Linda
The Housing Authority of Jackson County greatly appreciates the potential partnership opportunity with
the City of Ashland, and Ashland Parks and Recreation Department to purchase a property parcel of
approximately ten acres located at 380 Clay Street, Ashland, Oregon.
It is the Housing Authority's intent to enter into a joint purchase agreement with the City of Ashland. The
Housing Authority is interested in purchasing three to four acres of the said ten acre parcel at a
purchase price of approximately $320,000 per acre.
The Housing Authority considers this property to be an ideal location for the development of affordable
rental housing to serve the Ashland Community. It is our intent to collaborate with City Staff throughout
the site planning, annexation and zoning process required for the development of this property. Please
be assured the Authority has the required knowledge. experience, and dedication to accomplish this
mission.
Please accept this letter as confirmation of the Housing Authority's interest in purchasing a portion of
said property in cooperation with the City of Ashland and further confirmation that the Housing Authority
has the financial viability to enter into a land purchase agreement for said value. '
We look forward to working with you and the City of Ashland to promote the development of decent,
safe and affordable housing. If I may be of further assistance, please contact me at 779-5785 ext.
1012.
:z;,~
Scott Foster,
Executive Director
3630 Aviation Way
P,O. tk)X 4666
Nledfbrd,()R 97501
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October 21, 2008
Scott Foster
Executive Director
HQusing Authority of Jackson COllntY
2251 Table Rock Rd.
Medford, OR 97501
DearScotl:
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€SONI@)andan activememberoftbeSO.HIUZ Steering Committee. 1l1e SaHI.Cet1.hance.s
e~istin.lpattnershi,sandiestaijli$hesnew.p~rmer$bips... ",4th loQal organizati<.lns.,jQI"isdi(ftions, ..M<l
h<>U$ingeJ<pel'$tQ~.te.tl~~i~le@d.i.1mQvativ~. .ne\vappf()achestQ~g\J$ingtll~tre~lJJtltl.l.)etter.au~
In()re.effi~i~ntint~gra.tiotl.()fserviee~...and. accountability.
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to\\lcu-g....J!egioQal....!pl1~~~~ti?1l...l1\l~i~g.....rQU$.itlg..~r()grantsmucb....~ote....~~(t~~~il'le....~(f......is....~I$o...a k~y
partner intheprovisi<lnofaffomtio1ebousinl ana thepronlotion. of setf..suft'icieneyin our
community.
AS th~..(J()mm~~....A.cti~n....~~~~Y...for..~~~s()n.. CountY...anct....Commuriit)'..pev~lijprn~tlt .~orporation,
A~eESSisacl.ltel'lw~e()f~besborta~e of affordable nousin~availableto .low.income.families
witkin tbis mgion. . .. ACCESS .. is~e~icated.to...pt'om()ting ... fatnU~~lf..~~m:i:ne~, ....(oste~n!
ind.endet1ce.fln<J.:a$sistillg..witl)(1lefivingt1eeds..oftbe IQw..incoflie .populationresio.inglnJae.kson
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As. .an.aetinl...~Jiona).....~~~r,...A<O~IS$, ..IQ~. ...~isbes...l()...~I~~g(e.its....SllJ.lP()rt. .t~.. ~b~.....HQ~i~gA.~tht>ri~'.$
~rq~~~e,. .1\$~lf1tl(1.....ttf(<l~~a~I~. ....b~~$irtg......proj~~t.. ..Tlt~add.itipn. .?:..~O. 'rent~l. ...tl~it$ ... rnarketeti. to. ...the
worif()rcepQpulatioB wOl.lIii. be a welc<>med ana "tlall.lable aaditiol1...witnin..our community. We
eno(;)t.m.lgetheOityofA.shland to. ail!JCatetbe fun<iing..nec;essaryt().en$u..ethesuoe~$()ttn.i$pr()ject.
We appla~d yoUr continuing efforts to build decent, safe and affordabJehousing.
., fAX: (S4l) 779..8886 · ccn "111194 · TAXID#
\'V\VW .3ccess- inc.org
\
~ AsHLAND FOOD COOPERATIVE
237 N. FIR5f STREET - ASHLAND, OR 97520- (541) 482-2237 ext. 233
E-MAIL manager@ashlandfood.coop
Scott Foster
Executive Director
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
Dear Mr. Foster,
This letter is in support of the Housing Authority of Jackson County in
providing affordable housing in and around the City of Ashland.
As General Manager of the Ashland Food Coop; I manage employees
that make a living wage but still struggle to affor9 to live in Ashland.
Some of my employees travel as far away as Central Point and with
the rising cost of transportation and the lack of affordable housing the
Co-op may lose some of them.
With the general lack of affordable housing in Ashland it is with great
enthusiasm that we support any feasible proposal. The one from the
Housing Authority should be considered with seriously because it
would truly be a missed opportunity to pass this up, especially during
these hard times. I say this because from what I understand the HAJC
has the experience, understanding, and dedication to the issue of
providing affordable housing that could make the proposed project a
reality in the near future. This would benefit my employees, my
business, and our community.
www.ashlandfood.coop
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
AFN Wholesale and Retail Rate Increase
November 4,2008 Primary Staff Contact: Michael Ainsworth
Information Technology E-Mail: mikea@ashland.or.us
none Secondary Contact: none
Martha B nne Estimated Time: 15 minutes
Question:
Should the City Council approve an AFN wholesale and retail rate increase to offset an increase in
operating expenses?
Staff. Recommendation :
Staff recommends the Council approve the rate increase and adopt the attached resolution.
Background:
AFN is seeking a 5% rate increase to its wholesale and retail ("direct connect") Internet service rates.
Rate increase is being sought to cover and to pass through increases in operational expenses. If this rate
resolution is approved, new rates would be effective January 1, 2009, so that customers can be
properly notified.
AFN has experienced an increase in operational expenses projected at approximately $70,000 for the
end of budget year. The 5% proposed rate increase would apply to APN's entire Internet product line.
This increase would affect the wholesale rate of AFN' s most popular Internet service, AFN Gold by
approximately 4 cents per day, or $1.32 a month and would increase the wholesale rate from $26.45 to
$27.77 a month. Approximately 90% of our customers are using AFN Gold service. AFN Retailers
mark up AFN's wholesale rate and currently Retailers are charging their customers an average of$37
for AFN Gold, with one Retailer advertising service for $32.99/month.
Staff expects APN Retailers to pass the increase onto their customers.
The last AFN Gold wholesale rate increase took effect February 1,2005. Rates for APN Bronze,
Silver, and Platinum were set on February 2007 with the launch of new tiered internet products and
will be affected by the proposed 5% rate increase.
Fiscal impact: Revenue increase is projected at $75,000.
Related City Policies:
AFN Business Plan
Council Options:
Approve the resolution as presented or direct staff to make adjustments and bring back for
consideration at a later time.
Page 1 of2
!'A~
Potential Motions:
I move to adopt the attached resolution.
Attachments:
Proposed Resolution
CITY OF
ASHLAND
Page 2 of2
!'A~
1-
RESOLUTION NO. 2008-
A RESOLUTION FOR ADOPTING INTERNET RATES
FOR THE ASHLAND FIBER NETWORK,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The attached rate schedule is adopted as the rates and fees for the Ashland Fiber
Network's wholesale and retail rates, as provided by the City of Ashland Information
Technology Department, Ashland Fiber Network Division. These rates are effective with the first
billing cycle in January 2009.
SECTION 2. Installation charges, equipment rental, bulk rates, and other charges may be set
administratively. To the extent practicable, such fees shall be set to recover, over a fiscally
prudent period, the incremental cost of providing such service by taking into account all costs
actually incurred.
SECTION 3. Nothing in Section 1 or Section 2 shall preclude AFN staff temporarily reducing or
waiving rates or charges in conjunction with promotional campaigns, or 2) establishing different
and nondiscriminatory rates and charges for commercial customers, as allowed by federal law
and regulations.
SECTION 4. Specified Information Technology rates only, as detailed under Miscellaneous
Fees, Resolution No. 2007-34, are repealed as of the effective date of the new rates.
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this , day of
, 2008, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
r~'
RESOLUTION NO. 2008-
Rate Schedule
(Effective January 1, 2009)
Fee Title Method Current Increase Proposed Per
Charge Percentage Charge
AFN Wholesale Rates:
Excludes VolP
AFN Bronze Support 14.99 5% $15.7 4 month
Excludes VolP
AFN Silver Support 23.99 5% $25. 1 9 month
Includes VolP
AFN Gold Support 26.45 5% $27.77 month
Includes VolP
AFN Platinum Support 66.45 5% $69.77 month
Monthly Minimum ISP Billing Minimum 1500 0% $1,500.00 month
Static IP:
AFN Gold First address 25 5% $26.25 month
AFN Platinum First address 25 5% $26.25 month
Additional Static IP:
Each additional to 6
AFN Gold total 10 5% $10.50 month
Each additional to 6
AFN Platinum total 10 5% $10.50 month
Dynamic IP:
AFN Gold Per address 5 5% $5.25 month
AFN Platinum Per address 5 5% $5.25 month
AFN Retail Rates:
Excludes Vol P
AFN Bronze Support 19.99 5% $20.99 month
Excludes Vol P
AFN Silver Support 34.99 5% $36.7 4 month
Includes VolP
AFN Gold Support 39.99 5% $41.99 month
Includes VolP
AFN Platinum Support 79.99 5% $83.99 month
AFN Anywhere 44.99 5% $47.24 month
r.,
CITY OF
ASHLAND
Council Communication
Resolution Authorizing the Issuance of $5,975,000 in Water Revenue Bonds
Meeting Date: November 4, 2008 Primary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: Tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: 10 minutes
Question:
Will Council approve the attached resolution authorizing water revenue bonds up to $5,975,000 and
giving sixty days notice of the potential sale?
Staff Recommendation:
Staff recommends approval of this resolution and publication of the notice.
Background:
Attached is a resolution authorizing staff to take the necessary steps to issue Water Revenue Bonds for
capital projects approved during the Capital Improvements Plan (CIP) reviews and budget processes
over the last two years. This borrowing was discussed at the Council Study Session on October 20,
2008. The need to borrow and the impact has also been discussed each time the CIP has been
reviewed.
The amount identified on October 20 for both Water and Wastewater projects, including
reimbursement for work already done, was approximately $7 million. Since that time staffhas
discussed the sale with the City's Bond Counsel and Financial Advisor.
Because of changes in the investment and insurance markets, bond discounts, fees and the requirement
for cash reserves staff requests authorization of nearly $6 million for the Water Fund. The amount for
the Wastewater Fund will be in line with the $3 million included in the FY 2008-2009 budget. The
actual amount for the bond issue will be less than the authorized amount but the actual total will not be
known until the day of the sale.
In the past, the City has purchased insurance to provide surety coverage but these policies have been
downgraded in the markets and are no longer available. Instead the City will need to have cash
deposits equaling one year's debt service in reserve. The existing (2003) bonds would require
$448,000 in reserve and this new issue would add $485,000 to that restriction. In comparison, the cash
reserves maintained currently on the DEQ loan on the wastewater treatment plant is $1.7 million.
It is not unusual for agencies to borrow the reserve, especially when they do not have sufficient cash
balances to meet the obligation. The cash reserve becomes part of the bond issue, and when proceeds
are received, the cash is restricted in the fund until the final payments on the bonds it guarantees. The
alternative to borrowing the cash reserve is to save up or divert the amount needed, which will either
affect other operations or take time.
Page 1 of2
~.l'
CITY OF
ASHLAND
There is no guarantee that we will be able to find acceptable terms for the bond sale when we get to the
market in February 2009. Other considerations for a successful bond sale will be who we are
competing with in the market on the day of sale, what buyers will be there looking for municipal
bonds, current interest rates and the level of confidence in the economy at that time.
Related City Policies:
City of Ashland Financial Management policies
Council Options:
Council may proceed with issuing bonds to fund the capital improvements in the Water Fund or defer
action for more information.
If the decision is to not issue bonds then other means to fund existing and past project costs must be
determined before any more project expenditures are made, bid awards are let or capital projects that
are not 100% SDC funded are begun.
Potential Motions:
This report is on the Consent Agenda and can be approved with other items. If removed from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to approve the resolution to issue bonds and give sixty day public notice.
B. Council moves to approve the resolution as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Draft Resolution
October 20 Council Communication
Preliminary CIP
Page 2 of2
r.l'
RESOLUTION NO.
A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY,
OREGON, AUTHORIZING THE ISSUANCE OF WATER REVENUE
BONDS FOR A TOTAL OF NOT TO EXCEED $5,975,000, AND
PROVIDING FOR PUBLICATION OF NOTICE.
BE IT RESOLVED by the City Council (the "Council") of the City of Ashland (the "City") that:
Section 1. Findings
The Council finds as follows:
1.1 It is financially feasible and in the best interests of the City to authorize the issuance of
bonds under ORS 287 A.150 to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines, water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all cost
incidental thereto (the "Projects").
1.2 The City is authorized to issue revenue bonds for any public purpose under ORS 287 A.150
(the "Act"). Revenue bonds issued under the Act may be payable from all or any portion of the
revenues and other funds of the City's water system (the "Revenues").
1.3 It is desirable to obtain $5,975,000 of bonding authority to finance the Projects.
1.4 The City has previously issued water revenue bonds under the City's Master Water
Revenue Bond Declaration.
Section 2. Bonds Authorized
The City hereby authorizes the issuance of not more than Five Million Two Hundred Fifty
Thousand Dollars ($5,250,000) in aggregate principal amount of revenue bonds to finance the
Projects and pay related costs. The bonds authorized by this resolution (the "Bonds") shall be
issued and sold in accordance with the Act, and shall be payable solely from the Revenues which
the City pledges to pay the Bonds.
Section 3. Notice; Procedure
3.1 No Bonds may be sold, and no purchase agreement for the Bonds may be executed, until at
least sixty (60) days after publication of the Notice of Revenue Bond Authorization, which is
attached to this resolution as Exhibit "A" (the "Notice"). The Notice shall specify the last date on
which petitions may be submitted, and shall be published in at least one newspaper of general
circulation in the City in the same manner as are other public notices of the City.
3.2 lfpetitions for an election, containing valid signatures of not less than five percent (50/0) of
the City's electors, are submitted to the City by the date indicated in the Notice: the question of
issuing the Bonds shall be placed on the ballot at the next legally available election date; and, no
Page 1 of 4
Bonds may be sold under Section 5 of this resolution until the question of issuing those Bonds is
approved by a majority of the electors of the City who vote on that question. If sufficient petitions
to refer the question of issuing the Bonds to the electors are not submitted to the City within 60
days after the notice is published the City may sell the Bonds pursuant to Section 5 of this
resolution.
Section 4. Bonds Payable Solely from Revenues
The Bonds shall not be general obligations of the City, and neither the authorization nor issuance
of the Bonds shall authorize the City to levy any additional taxes. The Bonds shall be payable
solely from the portion of the Revenues which the City pledges to payment of the Bonds.
Section 5. Delegation.
After the City is authorized to sell the Bonds in accordance with Section 3 of this resolution, the
City Administrator, the Finance Director, or the person designated by the City Administrator to
act as Finance Director under this resolution (any of whom is referred to in this resolution as a
"Finance Director") may, on behalf of the City and without further action by the Council:
5.1 Provide that the Bonds may be issued in one ormore series, which may be sold at different
times.
5.2 Issue one or more series of Bonds as "Parity Obligations" under the Master Water
Revenue Bond Declaration.
5.3 issue one or more series of the Bonds to provide interim financing for the Project, secure
those Bonds with subordinate liens on the Revenues, enter into lines of credit or similar
documents which permit the City to draw Bond proceeds over time, and issue Bonds to
refund the Bonds that provide interim financing for the Project.
5.4 Participate in the preparation of, authorize the distribution of, and deem final the
preliminary and final official statements and any other disclosure documents for each
series of the Bonds.
5.5 Establish the final principal amounts, maturity schedules, interest rates, sale prices,
redemption terms, payment terms and dates, record dates and other terms for each series of
the Bonds.
5.6 Select one or more commercial banks or underwriters and negotiate the sale of any series
with those commercial banks or underwriters, or publish a notice of sale, receive bids and
award the sale of each series to the bidder complying with the notice and offering the most
favorable terms to the City.
5.7 Undertake to provide continuing disclosure for any series of the Bonds in accordance with
Rule 15c2-12 of the United States Securities and Exchange Commission.
5.8 Apply for and purchase municipal bond insurance or other forms of credit enhancement
for any series of the Bonds, and enter into related agreements.
Page 2 of4
5.9 Amend the Master Water Revenue Bond Declaration to adapt it to current market
conditions.
5.10 Finalize the terms of, execute and deliver bond declarations that describe the terms of each
series of the Bonds. The bond declarations may also contain covenants for the benefit of
the owners and any insurers of the Bonds.
5.11 Appoint and enter into agreements with service providers for the Bonds.
5.12 Determine whether each series of Bonds will bear interest that is excludable from gross
income under the Internal Revenue Code of 1986, as amended, or is includable in gross
income under that code. If a series bears interest that is excludable from gross income
under that code, the Finance Director may enter into covenants to maintain the
excludability of interest on that series of the Bonds from gross income.
5.13 Execute any documents and take any other action in connection with the Bonds which the
Finance Director finds will be advantageous to the City.
This resolution was duly PASSED and ADOPTED this
2008, and takes effect upon signing by the Mayor.
, day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 3 of 4
Exhibit A
Notice of Revenue Bond Authorization
NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland,
Oregon (the "City"), adopted Resolution No. on November 4, 2008, authorizing the
issuance of revenue bonds to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines, water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all
cost incidental thereto (the "Projects").
The revenue bonds described in this notice will not be issued in an aggregate
principal amount of more than Five Million Two Hundred Fifty Thousand Dollars ($5,250,000).
The bonds shall be payable solely from the portion of the revenues and other funds of the City's
water system that the City pledges to the payment of the bonds. The bonds shall not be general
obligations of the City, nor a charge upon its tax revenues, but will be payable solely from the
revenues which the City pledges to the payment of the bonds.
. If written petitions requesting an election on the issuance of the bonds, signed by
not less than five percent (5%) of the City's electors, are filed at the Office of the City Recorder
on or before ,2008 (the 61st day after the date of publication of the notice), the
question of issuing the bonds shall be placed on the ballot at the next legally available election
date.
The Office of the City Recorder is located at 20 East Main, Ashland, Oregon
97520.
The resolution authorizing the bonds is available for inspection at the Office of
the City Recorder.
The bonds will be issued and sold under the Act; this Notice is published pursuant
to ORS 287 A.150.
By order of
THE CITY COUNCIL OF CITY OF ASHLAND,
Jackson County, Oregon
Page 4 of 4
Exhibit A to Resolution
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Study Session on Capital Improvement Financing for the
Water and Wastewater Funds
October 20, 2008 Primary Staff Contact:
Administrative Services E-Mail:
Public Works Secondary Contact:
Martha Bennett Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
Mike Faught
45 minutes
Question:
Does Council have questions regarding pending financing of capital projects?
Staff Recommendation:
Staff recommends Council discuss and ask questions about issuing bonded debt to pay for current
capital projects and those scheduled for the near future. Staff recommends an item to authorize staff to
sell bonds be considered at your November 4th meeting.
Background:
The FY 2008-2009 budget included over $9 million in external financing that related to capital
improvements approved within the Capital Improvement Program (CIP). That amount was intended to
do three things:
. Reimburse the city for money "up fronted" for projects under way
. Finance projects starting in 2008-2009, extending into 2009-2010
. Pay for capital improvements over their useful life with annual debt service
This amount was predicated upon approximately $3.8 million in financing being done in FY 2007-
2008. The end result in financing during last year was issuing only $304,000 in Clean Renewable
Energy Bonds (CREBS) rather than the $800,000 that was originally projected. The other $3 million
was intended for the Water Fund but could not be done before the end of the fiscal year.
A review of capital financing done by the city in the prior five years to the CREBS issue is as follows:
2003 Water Revenue Bonds at $5.625 million for capital projects & refunding bonds.
2004 AFN refinancing at $15.5 million and Airport Hangar financing at $375,000
2005 General Obligation Bond refunding the 1997 and the 2000 bonded debt at $2.56 million
to reduce payments and save interest costs.
2006 No activity
2007 No activity
In most years the anticipated borrowing is less than what was budgeted due to timing and completion
of projects. The amount needed to pay for capital projects is first reduced by restricted monies held for
applicable projects such as systems development charges, grants, local improvement funds or other
miscellaneous proceeds. Only the net amount is borrowed for the projects scheduled for completion.
Page 1 of3
~~,
CITY OF
ASHLAND
The attachment lists projects by fund, their approximate timing, total cost and amount that would be
funded by rates & fees, directly or through debt service. Many smaller projects in the CIP are omitted
in that they do not readily qualify for financing but they will still need to be funded annually through
rates and fees.
Below is a summary of the projects for two years and those that the city still needs reimbursement for
to restore operational fund balances.
FY 2008-2009 Proiects
Water Supply projects
Water Plant proj ects
Water Distribution projects
Wastewater Treatment Plant proj ects
Wastewater Collection projects
FY 2009-2010 Proiects beginning this year or in process
Water Supply projects
Water Plant proj ects
Water Distribution projects
Wastewater Treatment Plant proj ects
Wastewater Collection projects
TOTAL TO BE FINANCED
$335,000
$62,500
$1,406,250
$300,000
$283,000
$538,000
. $21,250
$1,887,250
$365,000
$610.250
$5,808,500
FY 2007-2008 Proiect (Completion & Reimbursement in 2008-2009)
Water Treatment Plant Process Improvement
North main Pump, Neil Creek Flood, & others
TOT AL TO BE REIMBURSED
$548,000
$566.000
$1..114..000-
ANTICIPATED REVENUE BONDS
$6.922.500
The above projects represent a total CIP value of$10 million. The remainder of the project costs are
paid primarily by systems development charges. The reimbursement portion is approximately $1.1,
which will replace operational cash used for the project(s) while financing was put together.
The debt service on the $6.9 million represents approximately $555,000 in annual debt service
(principal and interest) between the two funds until 2029.
As discussed in previous study sessions the total CIP represents rate increases of 1 % to 2% each year
of the total utility bill until older debt is retired. In these two funds this additional debt service would
represent approximately 5% of annual operational cost. It also represents about 7.50/0 of annual
charges for services during the first year and reduces to about 40/0 in the final year of the bonds.
Existing revenue bond annual debt service is approximately $540,000 in 2009 and reduces $170,000 in
2012, another $220,000 in 2015 with the final amount paid in 2022.
Page 2 of3
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CITY OF
ASHLAND
Issuing revenue bonds for these capital improvements is the normal approach to paying for
infrastructure, especially since the debt service is paid over the life of the bonds by those who are
getting the benefit of the asset. If financing is not approved the city would need to stop capital
improvements in these two funds until other viable CIP funding solutions were identified.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council can provide guidance to staff on what additional information is needed for approval to proceed
with a bond issue.
Potential Motions:
This is a study session so no action can be taken.
Attachments:
Preliminary CIP listing (for financing) 10/1 0/08
Page 3 of3
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10/29/20083:00 PM
Capital Improvements Plan (PRELIMINARY 10/10/08)
FY 09 (JUL 2008 to JUN 2009) Construction
Water Plant
Plant Process 1m rov (chern feed, soda ash, instrumentation, tlocculator)
Water Treatment Plant - Construct New Filters 7 & 8
W ASTEW A TER
Wastewater Treatment Plant
Wastewater Treatment Plant Membrane Sections Re lacement Plannin
Wastewater Treatment Plant Process 1m rovements
Wastewater Collection S stem
Wastewater Line Re lacement; Oak Street - Lithia Wa to B Street
Wastewater Line Re lacement; Ashland Creek Main Line
Wastewater Line Re lacement; Miscellaneous In-House
Grandview Pum Station Re lacement
Wastewater Line Reali ment; N. Mountain Ave - Herse
$70,000
~1~,9QQ
$420,000
. ... ~~~~~9.90
$0
$0
$1,260,000
....ww$?J,.~.?g
$0
$0
.$l?Q,QQO
....w.....$~lw?,Q9Q
$91,000
$1,887,250
$~QQ,QQQ
$65,000
$~~~!99.9 ·
$~~,9Q9
$J?Q,QOO
~.tQ?,~.5Q
...... .. ~l?Q,QOO
$100,000
$610,250 :
TOTAL WATER & WASTEWATER
$3,010,000
$2,386,750
$4,460,000
$3,421,750
H:\ShipletD\Council\Council Communication\2008\November 3 and 4\110408 Water Bonds.atch3.xls
CITY OF
ASHLAND
Council Communication
New Power Sales Contract with the Bonneville Power Administration
Meeting Date November 04, 2008 Primary Staff Contact: Dick Wanderscheid
Department: Electric E-Mail: wandersd@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Megan Thornton
Approval: Martha Bennet Estimated Time: 20 minutes
Question:
Should the Council authorize the City Administrator to execute a 20 year Load Following Power
Contract with the Bonneville Power Administration?
Staff Recommendation:
Staff recommends the Council authorize the City Administrator to execute a 20 year Load Following
Contract for wholesale power with the Bonneville Power Administration.
Background:
The City of Ashland became a full requirements customer of the Bonneville Power Administration
(BP A) in 1981. Prior to that, the City had purchased Wholesale Power from Pacific Power and Light.
The initial BP A contact was a 20 year contract that expired in 2001. At that time, the City executed a
new 10-year contract which is set to expire on September 30, 2011. In 2002, BP A initiated a Regional
Dialogue with utilities, trade groups, industries and public interest groups to design replacement
contracts for the contracts set to expire in 2011.
Discussion:
BPA completed the final Record of Decision (ROD) on the Regional Dialogue in July 2007. They
immediately began working on long term contracts and a Rate Methodology soon after the ROD was
finalized. Ashland received a personalized contract template in mid September, and the actual contract
with all the addendums was received on October 10,2008. BPA's new offerings include 3 types of
contracts: a Load Following Contract, a Block Contract or a SliGe Contract. These three choices are
available to all Northwest utilities, and the deadline to sign one of these types of contracts is December
1, 2008.
Ashland has relied on BP A to meet its full requirements since 1981. Because the City is a small utility
with no significant power generation of its own, the Load Following Contract is the only feasible
contract option. However, should future conditions change significantly, BP A has provided an
opportunity for the City to switch to a Block or Slice contract by notifying BP A of its desire to change
by May 31, 2016. This change would then be effective on October 1, 2019.
These 20 year contracts would initiate service on October 1, 2011. They are different than past
contracts in that they now allocate the output of the Federal Base Electric Generation System and
utilize a new Tiered Rate Methodology (TRM) to recover revenue from its utility customers. Under
the City's current contract, all power is priced at the same rate because BP A melded all the costs of
providing power from all of its available power sources, which allowed BP A to provide a single rate
for all of the power.
Page 1 of 4
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CITY OF
ASHLAND
This differs from the Tiered Rate Methodology of the new contracts because under the new pricing
mechanism all utilities will receive their share of the existing output of the Federal System at the lower
Tier 1 rate. Tier 1 rates are basically the cost to BP A of providing hydroelectric power. Additional
power could be purchased from BP A at the Tier 2 rate, which is a higher rate because Tier 2 prices are
determined by the cost to BP A of providing new types of power sources, such as wind or market
purchases. The City could alternatively choose to purchase additional power from a non- Federal
resource. Weare exploring this as an option. We will be making a recommendation about these
choices in the Fall 2009.
BPA's reason for going to the tiered rates is to limit the amount of new resources they will need to
acquire to fulfill the growing electric needs of their utility customers. Also, BP A wants to give utilities
appropriate price signals and conservation incentives to encourage private resource development and
investments in energy efficiency. By pricing the Tier 2 power at a higher rate than the Tier 1 rate,
BP A feels that these objectives will be accomplished.
The City will not have to make a decision concerning how it wants to serve its additional load until
November 2009. To determine the amount of power that the City will get at the Tier 1 rate, BPA has
invented the concept of "Contract High Water Mark" (CHWM), which is basically a set number of
megawatts (MW' s) that the City will get based on its usage in 2010, historical data, and adjustments
for anomalies and conservation savings. However, this means that the actual MW amount of the
CHWM will not be known until FY 2011. In addition, there will be a Rate Period High Water Mark
(RHWM) which will be determined during each 2 year or 3 year rate period. While the City will not
know the magnitude of its CHWM until FY 2011, BP A has just released their projection of CHWM' s.
They prefaced these projections as being "solely for informal, preliminary planning by customers and
will not have any of the actual contract rights a customer will have. The rights will be established in
the future through Contact High Water Mark and Transitionea Period High Water Mark which will be
calculated in accordance with the tiered rate methodology."
This projection estimates that Ashland's CHWM will be 21.59 aMW's and that the City's load in 2012
will be 21.98 aMWs, meaning the City would be subject to Tier 2 pricing for .39 aMW's in 2012.
However, BP A will be adjusting our CHWM upward based on the amount of conservation the City
actually achieved between 2006 and 2010. Therefore, the City should not see much exposure to Tier 2
pricing in the initial years of the contract.
The RHWM will be determined during each rate period and can be different then the CHWM. The
RHWM is a number of megawatts the City gets during the rate period based on its CHWM and the
amount of power the federal system creates. In the unlikely event "that the output of the Federal system
increases, the RHWM could be higher than the CHWM; therefore, less Tier 2 power would be needed.
However, it is more likely that the Federal system's output will decrease, causing the RHWM to be
lower than the CHWM, which would require the City to purchase more Tier 2 power.
Contract Terms & Analysis:
The Public Power Council (PPC) and Northwest Requirements Utilities (NRU) has been working with
BP A to develop these contracts and make them acceptable throughout this entire process. This has
resulted in contract offerings which are generally acceptable to PPC and NRU; although PPC is still
seeking a few minor modifications. BP A has indicated it is willing to discuss a small package of fixes
Page 2 of 4
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CITY OF
ASHLAND
to the Load Following Contract after the contracts are signed. BP A has agreed to consider these
proposed revisions, but it prefers to address these changes by issuing a contract amendment in the early
part of next year after the contracts have been executed. It is uncertain what, if any, changes will be
made to the contract in the amendment, but BP A may decide not to make any substantive changes after
the signing date.
The BP A contract is lengthy, includes numerous pages of exhibits, and incorporates much of the
Tiered Rate Methodology, which is over 170 pages long. The following bullets include a list of
contract terms, requirements, and implications that the City should be aware of.
· Section 3: The amount of power the City is required to purchase under the contract is the
hourly Firm Requirements Power.
o NOTE: In short, BP A will determine how much power it expects the City to use per
hour, and under the take or pay system the City shall pay for that amount "whether or
not Ashland took actual delivery of such power." See Section 3.2. This is essentially
the same provision that exists in our current contract with BP A.
· Section 3 & Exhibit A: The City must specify power sources that it expects to use to meet the
hourly load requirements of the city and specify how much power the sources will provide. If
the power sources provide less than that amount, so that BP A has to compensate, Unauthorized
Increase charges (UAI) may apply. Since Ashland has no dedicated resource this determination
won't need to be made so these charges will not apply to Ashland.
· Section 7.1: The number of MW due the City under the contract will not be determined until
2010, but by signing the contract the City will be obligated to accept the CHWM and RHWM
as determined by BP A at that time.
o NOTE: This section requires that BP A determine the CHWM based on the TRM that is
in effect when the contract is signed by BP A and the City; thus, the City knows how the
CHWM will be determined. However, the TRM is subject to change in particular
circumstances according to sections 12 and 13 of the TRM.
· Section 9: The City will need to make an election regarding its choice for Tier 2 power by
November 1, 2009, for its first two year rate period. There are opportunities to alter or revise
this decision throughout the contract duration.
o NOTE: If an election is not made by that date the default is that BP A will supply the
power at Tier 2 short term rates during the first rate period.
· Section 11: The City has a one-time right to change from a Load Following to a Slice or Block
contract by May 31,2016.
· The City has numerous reporting requirements under this contract, and if the City's Total Retail
Load gets above 25 aMW's, the City will also have to report on conservation and renewable
resources.
· The costs of Tier 1 and Tier 2 power will be determined in rate case studies in the future;
therefore, the City does not know what the exact cost of power under this contract will be.
o NOTE: However, what the City does know is that BP A rates have historically been
much cheaper than other power sources.
· Section 25: This contract is very difficult to terminate. Ashland will only have an opportunity
to terminate if the TRM is not approved.
Many of the contract terms are not precisely determined at this time because there are many
uncertainties regarding energy use, policy and new generation technology due to the 20 year length of
this contract. However, this contract will give the City an opportunity to guarantee a 20 year delivery
Page 3 of 4
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CITY OF
ASHLAND
of a significant amount of power at a low cost due to federal power sources, and if the City does not
enter into this contract it is not clear if BP A will be offering other contract alternatives, or what the
terms would be of such contracts should they be offered. The key here is to note that even if the City
chooses this contract it has some very specific opportunities to modify the agreement and resource
decisions at future dates and the City will also have a number of new reporting obligations under the
contract.
Conclusion:
BP A recently provided three reasons why it feels it is in Ashland's, and all public power utilities',
interest to sign this 20 year contract. First, BPA stated that in 2019 Energy Northwest's debt, which
BP A is responsible for, will be paid off, which will cause BP A's costs to drop by $400 million per
year. This will add to the value of cost based Tier 1 power in a market based power environment.
Second, the massive and mounting federal budget deficit will lead to increased pressure to increase
profits from the BP A system. A long term 20 year contract that protects the City from this threat is of
extreme value. Finally, BP A believes that the competitive forces of the tiered rates will create new
partnerships and creative alliances to address load growth.
Ashland has indeed been fortunate to have been a customer ofBPA for the last 27 years. BPA's low
wholesale rates have allowed the City to retain competitive electric rates even considering our electric
users tax and franchise fees. This relationship has also resulted in millions of BP A funded dollars
being spent on Conservation in the City. While BP A has not yet decided on how conservation will be
treated in the new 20 year contacts, they will be convening a public process in 2009 to make those
decisions. Nevertheless it is probably safe to say that the City will still benefit greatly on the
Conservation front by partnering with BP A during the next 20 years under this new contract. It is
believed that the vast number of existing full requirement customers of BP A will in fact sign these new
20 year contracts and work with BP A early in 2009 to implement the package of minor contract
amendments. To lock up Ashland's share of the Federal Generation System by executing this new 20
year contract with BP A is a very prudent decision and one that Ashland should take advantage of while
the opportunity is available.
Related City Policies:
N/A
Council Options:
1) Execute the BP A contract with BP A; or
2) Decline to execute the contract
Potential Motions:
Move to authorize the city administrator to execute a new 20 year Load Following Contract with BP A.
Attachments:
None
Page 4 of 4
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Prohibited Camping Amendment: Second Reading
November 4, 2008 Primary Staff Contact: Richard Appicello
City Attorney E-Mail: appicelr@ashland.or.us
Administratio Secondary Contact: Martha Bennett
Martha Be Estimated Time: 5 minutes
Question:
Should the City Council conduct and approve Second Reading of an ordinance titled, "An Ordinance
Amending Chapter 10.46, Prohibiting Camping, Revising Penalties, Clarifying and Amending
Timeframes and Procedures, and Other Requirements"?
Staff Recommendation:
Staff recommends Council approval of Second Reading by title only.
Background:
The attached ordinance contains no changes from First Reading, except that the word "rebuttal" is
changed to "rebuttable" in AMC 10.46.050.
Related City Policies:
City Charter, Article 10, Ordinance Adoption Procedure
Council Options:
(1) Move to approve Second Reading and
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading
Attachments:
Proposed ordinance
Attachment
Page 1 of 1
r.,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10.46, PROHIBITED CAMPING,
REVISING PENALTIES, CLARIFYING AND AMENDING TIMEFRAMES AND
PROCEDURES, AND OTHER REQUIREMENTS
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS, the City of Ashland wishes to modify and update the City Ordinance relating to
Prohibited Camping, to clarify the offense is a violation and not a crime, and to adjust
timeframes and other provisions; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS:
SECTION 1. Section 10.46.020, Camping Prohibited, is hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code. by the owner of the property. or by
emeraency declaration under AMC 2.62.030 of the Mayor in emergency
circumstances.
SECTION 2. Section 10.46.040.A. and D, Removal of Campsite, is hereby amended to read
as follows:
10.46.040 Removal of Campsite
A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance.
All posted notices shall be in Enalish and Spanish. A City enforcement officer
shall not issue a citation for violation of Chapter 10.46 if the citation would be
issued within 200 feet of the notice (identified above) and within two hours
before or after the notice was posted.
B. At the time that a 24-hour notice is posted, the city shall inform a local agency that
delivers social services to homeless individuals where the notice has been posted.
C. The local agency may arrange for outreach workers to visit the campsite where a
notice has been posted to assess the need for social service assistance in arranging
shelter and other assistance.
Camping Ordinance
Page 1
D. All personal property shall be given to the police department whether 24-hour
notice is required or not. The property shall be stored for a minimum of 60 44 days
during which it will be reasonably available to any individual claiming ownership. Any
personal property that remains unclaimed for 60 44 days may be disposed of
consistent with state law and AMC 2.44 for disposition of found. lost. unclaimed
or abandoned property. as applicable. For purposes of this paragraph, "personal
property" means any item that is reasonably recognizable as belonging to a person
and that has apparent utility. Items that have no apparent value or utility or are in an
insanitary or putrescent condition may be immediately discarded. Weapons, drug
paraphernalia and items that appear to be either stolen or evidence of a crime shall be
given to the police department.
E. The 24-hour notice required under subsection D of this section shall not apply:
1. When there are grounds for law enforcement officials to believe that illegal activities
other than camping are occurring.
2. In the event of an exceptional emergency such as possible site contamination by
hazardous materials or when there is immediate danger to human life or safety.
SECTION 3. Section 10.46.050, Penalties, is hereby amended to read as follows:
10.46.050 Penalties
A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of a violation
an infraction as set forth in Section 1.08.020 1.08.010.
B. Up to 48 hours of community service may be ordered by the Court and such
service may include clean-up of illeaal campsites. The court shall consider in
mitigation of any punishment imposed upon a person convicted of prohibited camping
whether or not the person immediately removed the campsite upon being cited. For
purpose of this section, removal of the campsite shall include all litter, including but not
limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by
the person in and around the campsite. All litter in and around the campsite shall be
presumed to be deposited by the person convicted of prohibited camping. Such
presumption shall be rebuttal rebuttable, however.
SECTION 4. Section 10.46.060, Application outside city, is hereby amended to read as
follows:
10.46.060 Application outside city
Pursuant to ORS 226.010. t+his chapter applies to acts committed on park property
owned by the city that is located outside the city.
Camping Ordinance
Page 2
SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall
not affect the validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 6. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 7. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided
however that any Whereas clauses and boilerplate provisions (Le. Sections 5-7) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors..
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Camping Ordinance
Page 3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Depts.:
Approval:
Second Reading of Ordinances Amending the Annexation Chapter (18.106) and
Procedures Chapter (18.108) of the Ashland Land Use Code Concerning
Affordable Housing Standards
November 4, 2008 Primary Staff Contact:
Community Development E-Mail:
Legal Departme Secondary Contact:
Martha Benn Estimated Time:
Brandon Goldman
goldmanb@ashland.or.us
Bill Molnar
5 minutes
Questions:
Should the Council conduct and approve the Second Reading of an ordinance titled, "An Ordinance
Amending the Ashland Land Use Ordinance Annexation Chapter (AMC 18.106.030) Concerning
Affordable Housing Standards for Annexation"
and
Should the Council conduct and approve the Second Reading of an ordinance titled, "An Ordinance
Amending the Ashland Land Use Ordinance Type III Procedures Chapter (AMC 18.108.060)
Concerning General Standards for Affordable Housing in Zone Changes"?
Staff Recommendations:
Staff recommends Council approval of the Second Reading by title only.
Background:
Revisions to the Annexation Ordinance, and Procedures Ordinance relating to Zone Changes, have
been proposed to address affordable housing requirements including the following:
. Percentage of affordability
. Land Dedication
. Construction Timing
. Distribution of Affordable Housing
. Construction Standards
The City Council held a public hearing of the proposed Ordinances on October 21, 2008 and
conducted First Reading at that meeting. At that time, the Second Reading was scheduled for
November 4th, 2008.
A full background and description of the ordinance changes was provided in the Council
~ommunication and memo presented on October 21 S\ 2008.
No changes to the proposed ordinances were made following First Reading.
Page 1 of2
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CITY OF
ASHLAND
Related City Policies and Ordinances:
City Charter Article 10, Ordinance adoption provisions
Ashland Land Use Ordinance Chapter (18.106.030) concerning Affordaple Housing Standards for
Annexation
Ashland Land Use Ordinance Type III Procedures Chapter (18.108.60) concerning general standards
for Affordable Housing in Zone Changes
Ashland Land Use Ordinance Legislative Amendments (18.108.170)
Council Options:
Two separate Ordinances are proposed. With each of the proposed ordinances Council may:
(1) Move to approve Second Reading
(2) Postpone consideration.
Potential Motions:
Staff: [Conduct Second Reading of Ordinance by Title only]
Council: Motion to approve Second Reading
Attachments:
. Ordinance amending the Ashland Land Use Ordinance Chapter (18.106.030) concerning
Affordable Housing Standards for Annexation
. Ordinance amending the Ashland Land Use Ordinance Type III Procedures Chapter
(18.108.60) concerning general standards for Affordable Housing in Zone Changes
. Minutes from the Council Meeting on October 21 st, 2008
Page 2 of2
r.,
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
ANNEXATION CHAPTER (AMC 18.106.030) CONCERNING AFFORDABLE
HOUSING STANDARDS FOR ANNEXATION
Annotated to show deletions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 1 0 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
Page 1 of 8
ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing and First
Reading on the above-referenced amendments on October 21, 2008, and conducted
and approved Second Reading on November, 4, 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Chapter 18.106.030 of the Ashland Municipal Code [ANNEXATION -
Approval Standards] is hereby amended to read as follows:
SECTION 18.106.030 Approval Standards.
An annexation may be approved if the proposed request for annexation conforms, 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 conformance 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 determined by the Public Works Department; the
provision of electricity to the site as determined by the Electric Department; urban
storm drainage as determined 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.
E. Adequate transportation can and will be provided to and through the subject
property. For the purposes of this section "adequate transportation" for
Page 2 of 8
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
street, bike lanes shall be provided on or adjacent to the arterial street. Likely
bicycle destinations 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
likely 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 residential annexations, a plan shall be provided demonstrating that the
development of the entire property will ultimately occur at a minimum density of 900/0
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
Page 3 of 8
annexation, ensuring that future development 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 350/0, shall not be
included.
G. Except as provided in 18.106.030.G(7) below. for ~ 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 '*.:ith incomes at
or belo'"". 120% of median income; or
2. 25% of the base density to qualifying buyers or renters llflith incomes at
or beIO':! '100% of median income; or
3. 20% of the base density to qualifying buyers or renters 'Nith incomes at
or belollJ... 80% of median income; or
4. 15~/o of the base density to qualifying buyers or renters \vith incomes at
or belm.} 600k of median income; or
5. Title to a sufficient amount of buildable land for de'Jelopment is
transferred to a non profit (IRC 501 (3)(c)) affordable housing de'Jeloper
or comparable Development Corporation for the purpose of complying
with subsection 2 aboll/e. The land shall be located \r:ithin the project
and all needed public facilities shall be extended to the area or areas
proposed for transfer. O'J!nership of the laRd shall be transferred to the
affordable housing de\.eloper or Development Corporation prior to
commencement of the project.
1) The total number of affordable units provided to Qualifvina buyers. or
to Qualifvina renters. shall be equal to or exceed 250/0 of the base
density as calculated usina the unit equivalency values set forth
herein:
a. Ownership units restricted to households earnina at or below
1200/0 the area median income shall have an equivalency value of
0.75 unit
b. Ownership units restricted to households earnina at or below
1000/0 the area median income shall have an equivalency value of
1.0 unit.
c. Ownership units restricted to households earnina at or below
800/0 the area median income shall have an equivalency value of
1.25 unit.
d. Ownership or rental units restricted to households earnina at or
below 600/0 the area median income shall have an eauivalency
value of 1.5 unit. or:
Page 4 of 8
2) As alternative to providina affordable units per section
18.1 06.030(G)(1) the applicant may provide Title to a sufficient
amount of buildable land for development throuah transfer to a non-
profit (lRC 501 (3)(c)) affordable housina developer or public
corporation created under ORS 456.055 to 456.235 for the purpose of
complvina with subsection 18.106.030(G)(1)(b).
a. The land to be transferred shall be located within the proiect
meetina the standards set forth in 18.106.030(G)4. 18.106.030(G)5
and 18.106.030(G)6
b. All needed public facilities shall be extended to the area or areas
proposed for transfer.
c. Prior to commencement of the proiect. Title to the land shall be
transferred to the City. an affordable housina developer which
must either be a unit of aovernment. a non -profit 501 (C)(3)
oraanization. or public corporation created under ORS 456.055 to
456.235.
d. The land to be transferred shall be deed restricted to comply with
Ashland's affordable housinQ prOQram reauirements.
3) The affordable units shall be comparable in bedroom mix and
housina type with the market rate units in the development.
a. The number of bedrooms per dwellina unit in the affordable
Units within the residential development shall be in eaual
proportion to the number of bedrooms per dwellina unit in the
market-rate units within the residential development. This
provision is not intended to reauire the same floor area in
affordable units as compared to market-rate Units. The
minimum sauare footaae of each affordable unit shall comply
with the minimum reauired floor based as set forth in Table 1.
Table 1
Unit Type Minimum Reauired Unit Floor Area
(Sauare Feet)
Studio 350
1 Bedroom 500
2 Bedroom 800
3 Bedroom 1.000
4 Bedroom 1.250
b. The reauired on-site affordable units shall be comprised of the
different unit types in the same proportion as the market
dwellina units within the development.
4) A development schedule shall be provided that demonstrates that
that the Affordable Housina Units per 18.1 06.030(G) shall be
Page 5 of 8
developed. and made available for occupancy. as follows:
a. That 500/0 of the affordable units shall have been issued
buildina permits prior to issuance of a certificate of occupancy
for the last of the first 500/0 of the market rate units.
b. Prior to issuance of a buildina permit for the final 1 00/0 of the
market rate units. the final 500/0 of the affordable units shall
have been issued certificates of occupancy.
5) That affordable housina units shall be distributed throuahout the
proiect
6) That affordable housina units shall be constructed usina comparable
buildina materials and include eauivalent amenities as the market
rate units.
a. The exterior appearance of the affordable units in any
residential development shall be visually compatible with the
market-rate units in the development. External buildina
materials and finishes shall be substantially the same in type
and auality for affordable units as for market-rate units
c. Affordable units may differ from market-rate units with reaard
to interior finishes and materials provided that the affordable
housina units are provided with comparable features to the
market rate units. and shall have aenerallv comparable
improvements related to eneray efficiency. includina
plumbina. insulation. windows. appliances. and heatina and
coolina systems.
7) Exceptions to the reauirements of 18.106.030.G(2). 18.1 06.030.G(3).
8.106.030.G(4). and/or 18.1 06.030G(5) may be approved by the City
Council upon consideration of one or more of the followina:
a. That an alternative land dedication as proposed would
accomplish additional benefits for the City. consistent with the
purposes of this chapter. than would development meetina the
on-site dedication reauirement of 18.1 06.030(G)2. or:
b. That an alternative mix of housina types not meetina the
reauirements of 18.106.030.G(3)(b) would accomplish additional
benefits to the City consistent with this chapter. than would the
development providina a proportional mix of unit types.
c. That the alternative phasina proposal not meetina
18.106.030.G(4) provided by the applicant provides adeauate
assurance that the affordable housina units will be provided in a
timely fashion. or:
d. That the distribution of affordable units within the development
not meetina 18.106.030.G(5) is necessary for development of an
affordable housina proiect that provides onsite staff with
Page 6 of 8
supportive services or:
e. That the distribution of affordable units within the development
as proposed would accomplish additional benefits for the city.
consistent with the purposes of this chapter. than would
development meetinQ the distribution reauirement of
18.106.030.G(5). or:
f. That the materials and amenities applied to the affordable units
within the development. that are not eauivalent to the market
rate units per 18.1 06.030.G(6). are necessary due to local. State.
or Federal Affordable HousinQ standards or financinQ
limitations:
ID The total number of affordable units described in this section
18.106.030.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 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.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and .
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions commenced and continued under the
laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-I ette red ,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Page 7 of 8
--"._....,.....-_.-~_....,....,.._..._-_._-_._-_.._~~-,-_.,..,-._-_.__."_.,~._-..__._._----"..~----
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 8 of 8
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
TYPE III PROCEDURES CHAPTER (AMC 18.108.060) CONCERNING
GENERAL STANDARDS FOR AFFORDABLE HOUSING IN ZONE CHANGES
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 10 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660-015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearance of the City; and
WHEREAS the City of Ashland City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
Page 1 of 5
ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing and First
Reading on the above-referenced amendments on October 21 , 2008, and conducted
and approved Second Reading on November, 4, 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION 2. Chapter 18.108.060 of the Ashland Municipal Code [PROCEDURES]
hereby amended to read as follows:
SECTION 18.108.060 Type III Procedures.
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map
changes subject to the Type III procedure as described in subsection A of this
section may be approved if in compliance with the comprehensive plan and the
application demonstrates that:
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or
Page 2 of 5
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide 250/0 of the proposed
base density as affordable housinQ consistent with the approval standards
set forth in 18.106.030(G) one of the folloll:}ing:
1. 35% of the base density to qualifying buyers or renters ll::ith incomes at
or belo\\f 12g~~ of median income; or
2. 25010 of the base density to qualifying buyers or renters \.}ith incomes at
or below 100% of median income; or
3. 20% of the base density to qualif)ling buyers or renters ll::ith incomes at
or bel(Vfl 80% of median income; or
4. 15% of the b~se density to qualifying buyers or renters ll:Jith incomes at
or belm... 60% of median income; or
5. Title to a sufficient amount of buildable land for de'/elopment is
transferred to a non profit (IRC 501 (3)(c)) affordable housing dell/eloper or
comparable DellJelopment Corporation for the purpose of complying l/:ith
subsection 2 above. The land shall be located \\.ithln the project and all
needed public facilities shall be extended to the aroa or areas proposed
for transfer. O':*.nership of the land shall be transferred to the affordable
housing de'Jeloper or De'/elopment Corporation prior to commencement
of the project; or
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (Le. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply as
required in the Comprehensive Plan, and will provide 250/0 of the proposed
base density as affordable housinQ consistent with the approval standards
set forth in 18.106.030(G) one of the follo~.t:ing:
1. 35% of the base density to qualif;ling buyers or renters ll.....ith incomes at
or belo\.} 120% of median income; or
2. 25~~ of the base density to qualifying buyers or renters ll::ith incomes at
or belo'l: 100% of median income; or
3. 20% of the base density to qualifying buyers or renters ll:}ith incomes. at
or belO'N 80% of median income; or
4. 15% of the base density to qualifying buyers or renters \t...ith incomes at
or beloll.\f 60% of median income; or
5. Title to a sufficient amount of buildable land for deyelopment is
transferred to a non profit (IRC 501 (3)(c)) affordable housing dell:eloper or
comparable DellJelopment Corporation for the purpose of complying llJ..ith
subsection 2 above. The land shall be located 'J:ithin the project and all
needed public facilities shall be extended to the area or areas proposed
for dedication. O\.Jnership of the land and.'or air space shall be transferred
to the affordable housing de\~eloper or DellJelopment Corporation prior to
commencement of the project.
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit. A
Page 3 of 5
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
C.Type III Procedure.
1.Applications subject to the Type III Procedure shall be process as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of the
application.
b.Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.108.100.
2.For planning actions described in section 18.108.060.A. 1 and 2, the
Commission shall have the authority to take such action as is necessary to make
the amendments to maps and zones as a result of the decision without further
action from the Council unless the decision is appealed. The decision of the
Commission may be appealed to the Council as provided in section 18.108.110.
3. For planning actions described in section 18.108.060.A. 3 and 2, the
Commission shall make a report of its fihdings and recommendations on the
proposed action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
Council shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as provided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions commenced and continued under the
laws in effect at the time the matters were originally filed.
I
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code" I "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-I ette red ,
provided however that any Whereas clauses and boilerplate provisions (Le. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
Page 4 of 5
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Formation of a New Transportation Commission
November 4,2008 Primary Staff Contact: Mike Faught 552-2411
Public Works Engineering E-Mail: faughtm@ashland.or.us
Comm Dev / Le Secondary Contact: Jim Olson 552-2412
Martha Bennett Estimated Time: 20 minutes
. Question:
Should the City Council conduct and approve First Reading of an ordinance titled "An Ordinance
Amending Chapter 2, Administration, Adding Section 2.13 Transportation Commission; Repealing
Section 2.22 Bicycle and Pedestrian Commission and Repealing Section 2.26 Traffic Safety
Commission and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approval of First Reading by title only and move the ordinance on to
Second Reading set for November 11,2008.
Background:
Previous Council Action
October 1. 2007 Council Study Session: The Council heard a staff report regarding
recommendations from the Transportation Financing Task Force. One of the many
recommendations included one to evaluate combining the current Bicycle and Pedestrian
Commission and the Traffic Safety Commission into one Transportation Commission.
June 3. 2008: The Council heard a staff report recommending the formation of the proposed
new Transportation Commission combined with testimony.from Matt Warshawsky,
Transportation Safety Commission Member, and Colin Swales, Transportation Safety
Commission Chair, supporting the formation of the new Transportation Commission. In
addition, Art Bullock provided testimony that the proposed Transportation Commission could
be successful with some focus on completing the TSP update, concern about "car focus" and
advocacy. Following the presentation and subsequent testimony the Council expressed
concern about the proposed sub-committee within the ordinance and requested the issue be
discussed at a future study session.
October 20. 2008 Council Study Session: The Council heard a staff presentation outlining the
specific powers and duties of the proposed new Transportation Commission. The Council then
provided staff recommended edits to the proposed ordinance.
October 23.2008 Traffic Safety Commission: Staff presented the Council's proposed edits to
the draft Transportation Commission Ordinance and the Traffic Safety Commission expressed
support for the edits and provided one additional edit to section 2.13.010 (C)
Page 1 of 4
r.,
C. Powers and Duties, Generally. The Transportation Commission will review and
make recommendations on the following topics as it relates to all modes of
Transportation:
The original idea of consolidating the existing Bicycle and Pedestrian Commission with the Traffic
Safety Commission into one Transportation Commission was first recommended by the Transportation
Financing Task Force. Since that time staff developed a draft ordinance that would repeal Section 2.22
Bicycle and Pedestrian Commission and repeal Section 2.26 Traffic Safety Commission creating a new
Section 2.13 Transportation Commission. Council reviewed the draft on two occasions. In addition,
both of the existing Bicycle and Pedestrian Commission and the Traffic Safety Commission have
reviewed and provided input on the draft ordinance.
On October 20, 2008 Council Study Session, the Council had robust discussion about the proposed
Transportation Commission Ordinance. The discussion led to comprehensive ideas about the role of
the new commission which then lead to specific recommended edits. Staffhas now incorporated the
following edits to the draft ordinance:
2.13.010 Established - Generally.
. Role. The Transportation Commission advises the City Council on transportation
related issues specifically as they relate to safety, planning, funding and advocacy for
bicycles.. transit.. parkine.. pedestrian and all other modes of transportation.
Members are responsible for reviews, studies, analysis and reports as required for the
City's transportation network, or as requested by the City Council.
. 2) Planning: will review and make general recommendations to the City's long-range
transportation plans;
The meetines of the Transportation Commission are not to be considered a part of
any land use hearines process and the records of its proceedines shall not be a
part of the record of any land use case. However.. the Transportation Commission
may review and submit recommendations to the Public Works Department
reeardine plannine applications that may impact arterial or collector streets as
they relate to the Transportation System Plan. This review will only take place in
the pre-application phase.
. 4) Advocacy: will advocate and promote all modes of transportation to make modal
equity a reality.
Facilitate coordination of transportation issues with other eovernmental entities.
Select one or more member liaisons to attend and participate in meetines with
other transportation related committees in the Roeue Valley.
Examine multi-model transportation issues.
Page 2 of 4 .
2.13.020 Established - Membership.
. A) Voting Members. The Transportation Commission shall consist of nine (9) voting
members as designated by the Mayor and confirmed by the council. V oting members
will all be members of the community at large and will represent a balance of interest in
all modes of transportation. The Chair will be elected amone its members annually. A
vice chair will also be elected amone its members to serve in the chair's absence and
who will succeed to the chair on April 30 following the chair's term expiration.
. B) Non-voting Ex Officio Membership. The Director of Public Works or designee
shall serve as the primary staff liaison and as Secretary of the Commission. Including
the staff liaison, there will be eleven llll total non-voting ex officio members who will
participate as needed and will include one member of the Council as appointed by the
Mayor, Community Development & Planning, Police, Fire, Southern Oregon
University, Ashland Schools, Oregon Department of Transportation, Rogue Valley
Transportation District, Ashland Parks and Recreation, Jackson County Roads. In
addition to the eleven non-votine ex officio members, a student member may be
aooointed and would serve as an additional non-voting ex officio member.
2.13.030 Term and Vacancies.
. C) Vacancy. Any vacancy shall be filled by appointment of the Mayor and confirmed by
the City Council, for the unexpired portion of the term. Any commissioner who is absent
without orior notification from four or more meetings in a 12 month period shall be
considered no longer active and the position will be deemed vacant.
2.13.050 Traffic Sub-Committee
. B) Membership. The Traffic Sub-Committee consists of three regular members of the
Transportation Commission who shall sit concurrently on the full Commission. Sub-
committee members shall be appointed by the Transportation Commission Chair on a
rotating basis until all members have served. Terms are for six month intervals and
members may only sit for two consecutive terms at anyone time. The Public Works
Director or designee will serve as staff liaison and recorder for these meetings.
In addition to the Council recommended edits, staff is recommending the following additional edit to
the draft Traffic Safety Ordinance:
2.13.050 Traffic Sub-Committee:
. Duties. The Traffic Sub-Committee shall consider the following matters:
1. ~orward recommendations to the Transportation Commission and Public Works
Director on routine and general non-routine traffic concerns including but not limited to
traffic impacts, speed designations, oarkine, markings, and signage.
On October 23,2008, the Traffic Safety Commission reviewed the City Council proposed edits to the
Ordinance and suggested one additional edit as follows:
Page 3 of 4
2.13.010 (C)
· Powers and Duties, Generally. The Transportation Commission will review and make
recommendations on the following topics as it relates to all modes of Transportation:
. Now that all of the edits to the Ordinance as recommended by the City Council and the Traffic Safety
Commission have been incorporated, the final step is to adopt the new Transportation Ordinance. If
the ordinance is adopted it will be important to plan for the transition from two commissions (Bicycle
and Pedestrian Commission and Traffic Safety Commission) into the new Transportation Commission.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions.
Council Options:
(1) Move to approve First Reading and continue the matter to October 7, 2008, for Second
Reading.
(2) Postpone consideration.
Potential Motions:
Move to approve First Reading and set Second Reading for November 11, 2008.
Attachments:
· Proposed ordinance
· AMC 2.22 Bicycle and Pedestrian Commission
· AMC 2.26 Traffic Safety Commission
Page 4 of4
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION,
ADDING SECTION 2.13 TRANSPORTATION COMMISSION;
REPEALING SECTION 2.22 BICYCLE AND PEDESTRIAN COMMISSION AND
REPEALING SECTION 2.26 TRAFFIC SAFETY COMMISSION
Annotated to show dolotions and additions to the code sections being modified.
Deletions are bold . and additions are in bold underline.
WHEREAS, the City of Ashland wishes to modify its Code with regard to Administration
by adding a Transportation Commission ordinance to more closely coordinate
transportation related issues specifically as they relate to safety, planning, funding and
advocacy for all modes of transportation; and
WHEREAS, the City of Ashland wishes to reduce duplication by repealing in total
Section 2.22 Bicycle and Pedestrian Commission and Section 2.26 Traffic Safety
Commission;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Repeal. Ashland Municipal Code 2.22 [Bicycle and Pedestrian
Commission] is hereby repealed in its entirety.
SECTION 2. Repeal. Ashland Municipal Code 2.26 [Traffic Safety Commission] is
hereby repealed in its entirety.
SECTION 3. New Section. Section 2.13 [Transportation Commission] is hereby
added to the Ashland Municipal Code to read as follows:
2.13 Transportation Commission
2.13.010 Established - Generally.
A. Role. The Transportation Commission advises the City Council on transportation
related issues specifically as they relate to safety, planning, funding and advocacy
for bicycles, transit, parking, pedestrian and all other modes of transportation.
Members are responsible for reviews, studies, analysis and reports as required for
the City's transportation network, or as requested by the City Council.
B. Mission. The need for a Transportation Commission is emphasized in the
Transportation Element:
'::Ashland has a vision - to retain our small-town character even while we grow. To
achieve this vision, we must proactively plan for a transportation system that is
Page 1 of 5
integrated into the community and enhances Ashland's livability, character and
natural environment. ... The focus must be on people being able to move easily
through the city in all modes of travel. Modal equity then is more than just a phase.
It is a planning concept that does not necessarily imply equal financial commitment
or equal percentage use of each mode, but rather ensures that we will have the
opportunity to conveniently and safely use the transportation mode of our choice,
and allow us to move toward a less auto-dependent community."
C. Powers and Duties, Generally. The Transportation Commission will review and
make recommendations on the following topics as it relates to all modes of
Transportation:
1. Safety: will develop, coordinate and promote transportation safety programs;
. ~vt. its. pn Mf1..n.1 bo~ ~
2. Planning: will review and~ake general recommendations to the City's long-
range transportation plans;
. The meetings of the Transportation Commission are not to be
considered a part of any land use hearings process.3A8 ttote reG6F88 at.
its pFecQQaing~ GRail net b~ ~ J33rt of tho recore of dllY Icu I{J u~~ vase..
HO\AIQ\ler, the TFaABpeFtation Cgmmi<<i'iior:l may fGv;t;w and ~uLlllit
recommAI'"'d9tisR3 to tile Puulil; 'vvork.s O~(JC:l1 LrTlent regarding plcUlIlil ty
ap-plir.~tinn~ th~t may impact art~rial or cQlloeter 3treets a~ the~ I elate
to th'i Tr~nsport~tinn ~ystem PI~n Tl=tis revievv vvill ollly ld~e place in'
the pre-~ppli('~tion phaie, il -do <<. .011 JIr~ ())(..5 ~
# \AftU rW,&&) or ~ r~'; cM.S 'fr-~ pmt.C.$S - \.:J
3. Funding: will make recommendations to the City's transportation se tion of
the Capital Improvements Program;
4. Advocacy: will advocate and promote all modes of transportation to make
modal equity a reality.
. Facilitate coordination of transportation issues with other governmental
entities.
. Select one or more member liaisons to attend and participate in
meetings with other transportation related committees in the Rogue
Valley.
. Examine multi-modE\!, transportation issues.
D. Powers and Duties, Specifically. The Transportation Commission will review and
forward all traffic implementation regulations to the Public Works Director for final
approval and implementation of official. traffic safety and functional activities.
Page 2 of 5
2.13.020 Established - Membership.
A. Voting Members. The Transportation Commission shall consist of nine (9) voting
members as designated by the Mayor and confirmed by the council. Voting
members will all be members of the community at large and will represent a balance
of interest in all modes of transportation. The Chair will be elected among its
members annually. A vice chair will also be elected among its members to serve in
the chair's absence and who will succeed to the chair on April 30 following the
chair's term expiration.
B. Non-voting Ex Officio Membership. The Director of Public Works or designee
shall serve as the primary staff liaison and as Secretary of the Commission.
Including the staff liaison, there will be eleven (11) total non-voting ex officio
members who will participate as needed and will include one member of the Council
as appointed by the Mayor, Community Development & Planning, Police, Fire,
Southern Oregon University, Ashland Schools, Oregon Department of
Transportation, Rogue Valley Transportation District, Ashland Parks and Recreation,
Jackson County Roads. In addition to the eleven non-voting ex officio members, a
student member may be appointed and would serve as an additional non-voting ex
officio member.
2.13.030 Term and Vacancies.
A. Term. The term for each voting member shall be three years, expiring on April
30th.
B Initial Term Transition. Three of the nine members shall be appointed to initial
terms expiring April 30, 2010; three of the nine shall be appointed to initial terms
expiring April 30, 2011; and three shall be appointed to initial terms expiring April 30,
2012. Following these initial terms, all members shall serve for 3 year terms
expiring April 30.
C. Vacancy. Any vacancy shall be filled by appointment of the Mayor and
confirmed by the City Council, for the unexpired portion of the term. Any
commissioner who is absent without prior notification from four or more meetings in
a 12 month period shall be considered no longer active and the position will be
deemed vacant.
2.13.040 Quorum, Rules and Regulations.
One more than half of the sitting voting members of the Commission shall constitute
a quorum. The Commission shall meet monthly and at least ten times per calendar
year. The Commission may recommend or make rules and regulations for its
government and procedure, consistent with the laws of the State and the City
Charter and ordinances.
Page 3 of 5
2.13.050 Traffic Sub-Committee.
A. Purpose. The purpose of the Traffic Sub-Committee is to enable the
Transportation Commission to focus on broad transportation concerns by reducing
the number of routine and general non-routine traffic items that come before the full
Commission and to insure the Transportation Commission will have sufficient time to
devote their full attention to the overall transportation matters at issue.
B. Membership. The Traffic Sub-Committee consists of three regular members of
the Transportation Commission who shall sit concurrently on the full Commission.
Sub-committee members shall be appointed by the Transportation Commission
Chair on a rotating basis until all members have served . Terms are for six month
intervals and membe~ may only sit for two consecutive terms at anyone time. The
Public Works DirectorIef-.9A~i~p@e \vill serve as steff lisiseA aAa revvldcf k>r tR~!9
,.lJ.1.f maetil,gy-~ ~d<k4 l~-r
~IS Ul ~. . 0 0-
C. Duties. The Traffic Sub-Committee shall consider the following matters:
1. Forward recommendations to the Transportation Commission and Public
Works Director on routine and general non-routine traffic concerns including
but not limited to traffic impacts, speed designations, parking, markings, and
signage.
2. Recommend to the Transportation Commission specific comments, concerns
or suggestions for the improvements to the City of Ashland's Transportation
System Plan or similar Transportation programs, with the emphasis on long
range transportation planning and regional transportation plans.
3. Such other general or minor transportation matters as the Transportation
Commission deems appropriate for the Traffic Sub-Committee format.
4. The Traffic Sub-Committee or staff liaison may refer any matter before the
Traffic Sub-Committee to the Transportation Commission when it becomes
apparent the matter involves major policy concerns or potential serious
transportation impacts on surrounding areas.
E. Minutes. All Traffic Sub-Committee action minutes will be forwarded to the
following Transportation Commission meeting.
2.13.060 Reports.
The commission shall submit copies of its minutes to the City Council and shall
prepare and submit such reports as from time to time may be requested of them by
the City Council, Public Works Director or Community Development Director.
2.13.070 Compensation.
Voting members of the commission shall receive no compen~ation for service while
on the Transportation Commission or Traffic Sub-Committeel
Page 4 of 5
The foregoing ordinance was first read by title only in
accordance with Article X,
Section 2(C) of the City Charter on the day of
, 2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2008
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 5 of 5
AMC 2.22 Bicycle and Pedestrian Commission
2.22.010 Established Membership
The Bicycle and Pedestrian Commission is established and shall consist of nine voting embers,
one of which shall be a city councilor, and four non-voting members including a representative
from Rogue Valley Transportation District, the Director of Community Development, the
Director of Public Works and the Chief of Police.
2.22.020 Term Vacancies
The term of the voting members shall be for three years, expiring on April 30 of each year. Any
vacancy shall be filled by appointment by the mayor, with confirmation by the city council, for
the unexpired portion of the term. The seven commission members currently serving as of the
date of this 1998 amendment shall serve their remaining terms. For the two members to be
appointed to the commission as a result of this 1998 amendment, one shall be appointed to a term
expiring April 30, 2000, and one member to a term expiring April 30, 2001. The successors shall
be appointed to three-year terms. Any member who is absent for four or more meetings in a one-
year period shall be considered no longer active and the position vacant, and a new member shall
be a~'pointed to fill the vacancy.
2.22.030 Quorum Rules and Regulations
Four voting members of the commission shall constitute a quorum. At its first meeting of the
year, the commission shall elect a chair, vice-chair and a secretary, who shall hold office at the
pleasure of the commission. The commission may make rules and regulations for its meetings,
consistent with the laws of the state and city charter and ordinances, and shall meet at least once
every month.
2.22.040 Powers and Duties - Generally
The primary purpose of the Bicycle and Pedestrian Commission shall be to advocate the equal
opportunity to use non-automotive forms of travel and to ensure the development of bicycle and
pedestrian facilities into a well-designed, integrated transportation network for all Ashland
citizens. In doing so, the powers, duties and responsibilities of the commission shall be as
follows:
· To promote bicycling and walking in Ashland.
· To review and make recommendations on the long-range transportation plans as related to
bicycle and pedestrian issues of the city.
· To promote bicycle safety programs.
· To serve in a liaison capacity between the city and Oregon Bicycle and Pedestrian Advisory
Committee in developing the statewide bicycle and pedestrian program, and in meeting the
goals of the State of Oregon Bicycle and Pedestrian Plan.
· To serve in a liaison capacity between the city and the Jackson County Bicycle Committee in
developing overall coordinated plans for bicycle facilities and bicycle safety programs.
· On a yearly basis, to review and make recommendations on transportation projects as related
to bicycle and pedestrian issues in the city.
· To review and recommend transportation project prioritization and funding as related to
bicycle and pedestrian issues in the city.
· To advise the planning commission in the administration of the site review process with
respect to bicycle and pedestrian facilities and parking.
· To assist in the implementation of the Transportation Element of the Comprehensive Plan.
· To develop and recommend to the city council and planning commission adoption of
ordinances and policies for the planning and maintenance of bicycle and pedestrian facilities
throughout the city.
· To advise the city administrator and city departments regarding bicycle and pedestrian issues
in the city.
2.22.050 Reports
The commission shall submit copies of its minutes to the city council and shall prepare and
submit such reports as from time to time may be requested of them by the city councilor planning
commISSIon.
2.22.060 Comp~nsation
Voting members of the commission shall receive nO'compensation for services rendered.
AMC 2.26 Traffic Safety Commission
2.26.010 Established - Membership
There is established a Traffic Safety Commission which shall consist of nine voting members and
eleven non-voting ex officio members including the City Administrator, Director of Public
Works, Chief of Police, City Attorney, Fire Chief, Municipal Judge, Superintendent of Schools, a
representative from the Bike and Pedestrian Commission, Southern Oregon University, Oregon
Department of Transportation and Jackson County. The voting members shall consist of one
member from the City Council, and eight members from the community at large; all of whom
shall be appointed by the Mayor, with confirmation by the City Council. Chair shall be elected
from among the eight citizen members of the Commission.
The Director of Public Works shall serve as Secretary to the Commission.
2.26.020 Term - Vacancies
The term of the voting members shall be for three years, expiring on April 30 of each year. Any
vacancy shall be filled by appointment by the Mayor, with confirmation by the City Council, for
the unexpired portion of the term. Any Commissioner who is absent from four or more meetings
in a year shall be considered no longer active and the position vacant.
2.26.030 Quorum - Rules and Regulations
Five voting members of the Commission shall constitute a quorum. The Commission may make
rules and regulations for its government and procedure, consistent with the laws of the state and
the City Charter and ordinances, and shall meet monthly, at least ten times per year.
2.26.040 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 pubic hearings;
D. To advise the City Council and the City Administrator in the implementation of official
traffic safety activities;
E. To coordinate common 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
program
2.26.050 Reports
The Commission shall submit copies of its minutes to the City Council, and shall, in January of
each year, make and file an annual report of its activities with the City Council, and such other
reports as from time to time may be requested of them by the Mayor and City Council
2.26.060 Compensation
V oting members of the Commission shall receive no compensation for services rendered.
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item yOU wish
to speak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Agenda topic/item number
Reeular Meetioe
OR
Topic for public forum (non agenda item)~&. (C
H e?tfJ..,~ G
C/A "'("_
'-I:t 7 :2 .
Land Use Public Hearine
Please indicate the following:
For:
Against:
ex.
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. Y ou ~ay also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland. City Council generally invites the
public to speak on agenda items and during public forum on non-agenda items unless time constraints
limit public testimony. No person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requ.ested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland.
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder orior to the discussion of the item YOU wish
to soeak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Reeular Meetiol!
Agenda topic/item number ;I I OR
Topic for public forum (non agenda item) C 1<>-(' S free f I2rc.J..,r c
Please indicate the following:
For:
Land Use Public Hearint!
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland City Council generally invites the
public to speak on agenda items and during public forum on non-agenda items unless time constraints
limit public testimony. No person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requ.ested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland.
Speaker Request Form
THIS FORM IS A PUBLIC RECORD
ALL INFORMATION PROVIDED WILL BE MADE A V AILABLE TO THE PUBLIC
1) Complete this form and return it to the City Recorder prior to the discussion of the item YOU wish
to soeak about.
2) Speak to the City Council from the table podium microphone.
3) State your name and address for the record.
4) Limit your comments to the amount of time given to you by the Mayor, usually 3 or 5 minutes.
5) If you present written materials, please give a copy to the City Recorder for the record.
6) You may give written comments to the City Recorder for the record if you do not wish to speak.
(Comments can be added to the back of this sheet if necessary)
7) Speakers are solely responsible for the content of their public statement.
Agenda topic/item number_VII
Ret!ular Meetin!!
OR
Topic for public forum (non agenda item)
c/~~'
Please indicate the following:
For:
Land Use Public Hearint!,
Against:
Challenge for Conflict of Interest or Bias
If you are challenging a member (a city councilor or a planning commissioner) with a conflict of interest
or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk
immediately. The Presiding Officer will address the written challenge with the member. Please be
respectful of the" proceeding and do not interrupt. You may also provide testimony about the challenge
when you testify during the normal order of proceedings.
Written Comments/Challenge:
The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not
always require that the public be permitted to speak The Ashland City Council generally invites the
public to speak on agenda items and during public forum on non-agenda items unless time constraints
limit public testimony. No person has an absolute right to speak or participate in every phase of a
proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions
of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful,
and may constitute disorderly conduct. Offenders will be requ.ested to leave the room.
Comments and statements by speakers do not represent the opinion of the City Council, City Officers or
employees or the City of Ashland.