HomeMy WebLinkAbout2009-0818 Council Mtg PACKET
CITY OF
ASHLAND
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 18,2009
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 ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes} ,
1. Regular Council of Augusl4, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentalion by Oregon Builders Association of the 2008-2009 Outstanding
Service Award to Mike Broomfield [5 Minutes]
VII. CONSENT AGENDA [5 minutes}
1. Does Council wish to confirm the Mayor's appointment of Kerry KenCairn to the
Tree Commission with a term to expire April 30, 201 O?
2. Will Council approve the land partition plat segregation land jointly owned by the
City and by the Housing Authority of Jackson County, and authorize the Mayor to
sign the plat?
3. Should Council authorize an agreement with The Waters-Oldani Consulting Group,
Inc. for professional recruitment services at a bid price of $25,000?
4. Does Council wish to approve annual renewals on liquor licenses as requested by
Oregon State Liquor Commission?
5. Should Council accept the quarterly report as presented?
6. Should Council approve a resolution adjusting the FY 2009-2010 Budget to create
appropriations and authorize expenditures for unanticipated expenses during this
year?
7. Will Council approve a thirty-day extension to an Airport Ground Lease Agreement
dated August 16,1989 between the City of Ashland and Sandler Films Inc.?
COUNCIL MEETJNGS ARE J3ROADCAST LIVE ON CHANNEL 9
VJSIT THE CITY OF ASHLAND'S WEI3 SITE AT WWW.ASI-lLAND.OR.l!S
VIII. PUBLIC HEARINGS {Persons wishing to speak are to submit a "speaker request
form" prior to the commencement of the public hearing. All hearings must conclude by
9:00 p.m., be continued to a subsequent meeting, or be extended to 9:30 p.m. by a
two-thirds vote of council {AMC S2.04.050})
None.
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum}
X. UNFINISHED BUSINESS
1. Does Council approve first reading of an ordinance adding chapter 18.63, Water
Resource Protection Zones and related Comprehensive Plan and Land Use
Ordinance amendments? [60 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Will Council authorize staff to conduct Cross Connection surveys/site visits of
water customers that also have Talent Irrigation District (TID) irrigation connections
to determine if a cross connection exists? [10 Minutes]
2. Has the Police Department's purchase and use of the Taser and lease and use of
the downtown contact station been effective?
3. Should Council approve a letter of support to the National Forest Supervisor to
encourage a timely approval of the Ashland Forest Resiliency Plan?
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
None.
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Does Council wish to direct staff to prepare amendments to AMC 10.44.012
related to nudity within the City of Ashland?
2. Planning Commission
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35. 102-35. 104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASI-ILANDOR.US
ASHLAND CITY COUNCIL MEETING
AlIglls14.2009
Page lof6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 4, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Silbiger and Chapman were present. Councilor Jackson was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg read from a July 30, 2009 article in the Oregonian how the 1/1861h Infantry Battalion of the 41"
Brigade Combat Team of the Oregon National Guard (1/186) escaped serious injury earlier this month when two
roadside bombs exploded during one of their first missions in Iraq.
He went on to note vacancies on the Transportation Commission, Housing Commission and Forest Lands
Conunission.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of July 20, 2009, Annual Joint Meeting of Council and Ashland Community
Hospital of July 21,2009, Executive Session of July 21,2009 and Regular Council of July 21,2009 were approved as
presented.
SPECIAL PRESENTATIONS & A WARDS
Proclamations of August 6 as Hiroshima Day and August 9 as Nagasaki Day and the month of August as Kiwanis
Month were read aloud.
CONSENT AGENDA
1. Does Council approve the recommendations ofthe Public Art Commission to accept a loan of Public Art
from artist Kevin Christman for placement on private property owned by Jerry and Cherie Garland?
2. Does Council approve the recommendations of the Pnblic Art Commission to accept a gift of public art
from Alice Hardesty?
3. Will Council approve the Ashland Fiber Network proposal seeking Federal Broadband Stimulus grant
funding not to exceed $800,000?
4. Will Council, acting as the Local Contract Review Board, approve a contract for safety training to
Evergreen Job and Safety for a term of three years?
5. Will Council accept a grant offered by the FAA in the amount of $199,000 to fund preliminary
engineering services in the development of the runway rehabilitation project at Ashland Municipal
Airport?
6. Will Council approve the Agreement for Services between the City of Ashland and the Rogue Valley
Transportation District?
7. Does Council wish to ratify the new Labor Agreement between the City of Ashland and the Ashland
Firefighter's Association?
Item #3 was pulled for further clarification.
Councilor Silbiger/Chapman m/s to approve Consent Agenda items #1, #2 and #4 through #7. Voice Vote: all
AYES. Motion passed.
City Administrator Martha Bennett explained there was an unresolved issue regarding the Federal Broadband
Stimulus grant and the City would not be able to apply within the designated time frame.
ASHLAND CITY COUNCIL MEETING
August 4. 2009
Page 2 of6
PUBLIC HEARINGS (none)
PUBLIC FORUM
Mark DiRienzo/1500 E Main Streetllntroduced himself as the Executive Director at Science Works Museum and
explained that some of the money received from an economic and cultural development grant was going to fund a
regional LEGO ROBOTICS competition in December. Prior to that event, NASA has agreed to come to Science
Works with a touring trailer truck for an exhibition September 18-20,2009. In addition to moon rock exhibits, there
is an educational component involving LEGO ROBOTICS that would help promote the LEGO ROBOTICS
Competition. Mr. DiRienzo was there to ask Council direction on diverting some of the funding for the competition
to support the three-day NASA event.
Staff recommended Council provide a formal acknowledgement of reallocating monies due to the grant process.
Councilor NavickasNoisin m/s to allow Science Works to use grant money for the alternative purposes that
have been presented. DISCUSSION: Councilor Chapman noted the Budget Committee had originally approved the
grant monies. City Administrator Martha Bennett clarified since the l,'I'ant was an agreement between the City and the
grantee, Council could authorize the reallocation of funds. V oice Vote: all ayes. Motion passed.
UNFINISHED BUSINESS
I. Does Council wish to direct Staff to initiate an ordinance to modify the expiration dates of land use
application approvals?
Project Manager Adam Hanks presented the staffreport and eXplained how a tolling provision would prevent an
applicant's approval to expire during the appeals process and the timetable extension would allow a one-time 18-
month extension for land use applications approved January 1,2006 through July I, 2009.
City Administrator Martha Bennett added other jurisdictions initiated this ordinance in response to what occurred to
the lending market September 2008 in an effort to avoid duplicating the application process due to only the finance
market changing. Currently there were 40-50 applications where tolling or extensions could potentially apply.
Colin SwalesNoiced his surprise that the item was on the agenda since it had come from staff without initiation by
the Planning Commission or the Council. Recent changes to the land use ordinance included granting an additiona16
months to the 12-month extension. Adding another 18 months seemed unnecessary, would apply to commercial
projects since residential single family improvements rarely required a land use application and seemed to cater to a
specific section of the community.
Council discussed concerns with tolling not having a limit, a re-approval process instead ofa global extension and the
possibility ofthe approval extension taking years with different conditions developing that require consideration and
suggested the ordinance go to the Planning Commission for consideration.
Councilor Lemhouse motion to direct staff to initiate the Timetable Tolling and Timetable Extension
ordinance as proposed, with the understanding that changes may be made throughont the Staff, Planning
Commission and Public review. Motion failed due to lack of second.
Councilor Silbiger/Chapman m/s to take the proposal to the Planning Commission and not develop an
ordinance nntil the Planning Commission deems one necessary. DISCUSSION: Councilor Lemhouse and
Voisin al,'I'eed with the motion. Councilor Navickas thought it was a more appropriate way for staff to work with
Council and the Planning Commission. Mayor Stromberg referred to an earlier conversation with Councilor
Chapman and Ms. Bennett where it was decided that staff would wait for Council direction on drafting ordinances in
the future. Roll Call Vote: Councilor Lemhonse, Voisin, Chapman, Silbiger and Navickas, YES. Motion
passed.
2. Does Conncil approve the second reading of an ordinance titled, "An Ordinance Relating to Food and
Beverage Tax, Extending the Tax to 2030, and Amending Chapter 4.34?" Does Council approve the ballot
measure? Does Council approve the resolntion calling for a special election for November 3, 2009?
ASHLAND CITY COUNCIL MEETING
A IIgllst 4. 2009
Page 3 oJ6
Staff distributed a revised Resolution, Ballot Title and Explanatory Statement to the Council. Management Analyst
Ann Seltzer presented the staff report and summarized changes to the proposed ordinance made by the Council at the
previous City Council meeting.
City Attorney Richard Appicello addressed the Southern Oregon University (SOU) exernptions and suggested
Council strike "Non-educational related catering events are not exempt" from 4.34.030(A) Exemptions.
Mr. Appicello read the ordinance title and noted additions and amendments to the proposed ordinance. In section,
4.34.020(C) Note, "of City parks," was added to Note: "20'% of all taxes collected by the City under this
chapter shall be paid into a Parks acconnt for the purposes of acquisitions, planning and development and
major rehabilitation of City parks per the City of Ashland's Capital Improvement Plan." "Of the 20%
allocated to the Parks account, 20% of the amonnt collected must be used for open space acquisition," was
added as well. In 4.34.020 Tax Imposed 5(D) changes were as follows: "Eighty Percent.(80%) of all taxes
collected by the City shall be used for the pnrpose of paying for wastewater capital improvement projects,"
per the City of Ashland's Capital Improvement Plan, which includes, but is not limited to, the wastewater
treatment plant debt."
Mr. Appicello read proposed language the Council rnight want to add to the ordinance. Chapter 4.34.130
Confidentiality paragraph C. would read, "Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of any criminal or civil claim or an appeal for amount due the city under this
chapter." Under 4.34.130, new paragraph "D. The disclosure of information when such disclosure of
conditionally exempt information is ordered under public records law procedures." Councilor Jackson's
suggestion of a new paragraph E. under 4.34.130, "The disclosure of records related to a business's failure to
report and remit tax when the report or tax is in arrears for over six months or the tax exceeds $5,000.00. The
City Council expressly finds and determines that the public interest in disclosure of such records clearly
outweighs the interest in confidentiality under ORS 192.501(5)."
Mr. Appicello eXplained SOU would violate zoning laws if they used educational facilities for commercial operations
and suggested an Intergovernmental Agreement (IGA) with the university if Council decided to strike the line, "Non-
educational related catering events are not exempt" in 4.34.030(A) Exemptions."
Ms. Bennett added SOU would have paid $1200 tax for the non-educational events during 2008.
Councilor SilbigerlNavickas mls to remove the langnage "Non-educational related catering events are not tax
exempt." Roll Call Vote: Councilor Chapman, Lemhouse, Navickas, Voisin and Silbiger, YES. Motion
passed.
Councilor NavickasNoisin m/s approve the langnage proposed for 4.34.020 C & D as amended by the City
Attorney. Roll Call Vote: Councilor Chapman, Lemhouse, Navickas, Voisin and Silbiger, YES. Motion
passed.
Councilor Navickas/Silbiger mls to approve the langnage in Section 4.34.130 C & D as amended by the City
Attorney. Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Chapman and Voisin, YES. Motion
passed.
Councilor Silbiger/Lemhouse m/s to approve 4.34.130(E) as written. DISCUSSION: Councilor Navickas
explained disclosure was a privacy issue and Council should not expose an individual's personal financial position to
the public. Councilor Lemhouse responded a business in significant arrears affects the population of Ashland
financially and it was unfair to the competitors paying the tax. Councilor Navickas thought taking restaurants in
arrears through Municipal Court was a better approach than using public pressure. Roll Call Vote: Councilor
Lemhonse, Silbiger and Chapman, YES; Councilor Nav,ickas and Voisin, NO. Motion passed 3-2.
Councilor Voisin/Chapman m/s move that the expiration date for the ordinance relating to the Food and
Beverage Tax be extended to 2022. DISCUSSION: Councilor Voisin stated the public should have the
ASHLAND CITY COUNCIL MEETING
August 4, 2009
Page 4 of6
opportunity to extend the tax in 2022 and had talked to citizens who would not support extending the tax to 2030.
Ending the tax at 2022 sent a clearer statement to the community that the tax went to paying the debt service.
Councilor Navickas explained the debt covered the waste treatment plant and deferred maintenance not yet begun.
Extending the tax to 2030 would allow the City to address the effluent and meet the temperature requirement with the
Department of Environmental Quality (DEQ). Councilor Chapman supported the motion, was comfortable extending
the tax to 2030 for Parks Department purposes but not for the wastewater treatment plant. Roll Call Vote: Councilor
Voisin and Chapman, YES; Councilor Silbiger, Navickas and Lemhonse, NO. Motion failed 3-2.
Councilor SilbigerlNavickas m/s to approve Ordinance #2991 with noted changes by the City Attorney. Roll
Call Vote: Councilor Chapman, Lemhonse, Navickas, Voisin and Silbiger, YES. Motion passed.
Councilor Lemhouse/Silbiger m/s direct staff to negotiate with Sonthern Oregon University for an
Intergovernmental Agreement for the purpose of collecting the Food and Beverage Tax on non-educational
catering events. DISCUSSION: Councilor Lemhouse explained the City could not have the perception of giving a
state run agency a break that private enterprises did not receive. Councilor Voisin responded SOU was not interested
in catering non-educational events, the university brought in over 5,000 students yearly that access Ashland
restaurants and pay the tax, and she had not heard local businesses take issue with SOU's catering policy. Councilor
Navickas commented SOU is not a venue competing with local businesses and the agreement was unnecessary.
Councilor Silbiger thought if SOU was in competition and it was not part of their primary mission, they should be
subject to the tax. Councilor Chapman would support the rnotion because SOU was open to discuss the issue. Roll
Call Vote: Councilor Lemhouse, Silbiger, Chapman and Navickas, YES; Councilor Voisin, NO. Motion
passed 4-1.
Council agreed to change the Ballot Measure Caption to, "Shall 5% tax on prepared foodlbeverage extend to 2030
for wastewater treatment debt and improvements, 80% and Parks 20%?"
On the second paragraph of the summary, Council agreed on changing the wording and after discussion, removed the
dollar amounts. "80% oftax revenues are dedicated to wastewater treatment plant debt (dollar amount) that is
and capital improvements (dollar amount) that might be. 20% is dedicated to Parks for capital improvements
and acquisitions, projects are identified in the City's adopted Capital Improvement Plan."
Council and Staff changed the following language under the first paragraph of the Explanatory Statement: "Passage
of this measure extends the tax that provides funding for the wastewater treatment debt and capital
improvements as well as park's capital improvements and acquisitions. Projects are reqnired to be in the
adopted Capital Improvement Plan."
Council agreed on changes to the last sentence of the Explanatory Statement: "Funds generated after 2022 not
designated for parks will be used for wastewater capital improvements."
Staff noted a final edit to the Ballot Measure language, paragraph 4 under Summary deleting "...or non educational
catered events."
Councilor ChapmanNoisin m1s to approve Resolution 2009-22. Roll Call Vote: Councilor Silbiger, Chapman,
Voisin, Navickas, Voisin and Lemhouse, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve an agreement with the Ashland School District for a water service connection to
Willow Wind Community Learning Center, outside of the City limit and the urban growth boundary?
Public Works Director Mike Faught and Engineering Services Manager Jim Olson presented the staffreport and
introduced Ashland School Business Manager Jill Turner. The following changes (0 the Intergovernmental
Agreement (IGA) were read aloud: section 3. Functions or Activities, last sentence of the paragraph, add, "...as
provided here in," and strike .....by City for customer served outside City." In section 8. Termination(A), first
sentence add "...upon default," and strike "...at anytime, upon one-hundred eighty (180) days."
ASHLAND CITY COUNCIL MEETING
A IIgllst 4. 2009
Page 50f6
Mr. Faught gave a presentation that included:
. Will the City Council approve an agreement with the Ashland School District for a Water Service
Connection to Willow Wind Community Learning Center, Outside of the City Limits?
. Background
. Proposed Water Service Map
. Council September 5, 2000
olGA
olGA - City Provides
. Resolution 97-27
. Jackson County Approval
. City is on Track with Conservation - Projected and Actual
Ms. Turner stated the need for water connection arose when the School District decided to proceed with the barn
project. At that time there was not enough funding to install a sprinkler systern in the buildings for fire protection and
well water was too expensive. The School District had since received voter-approved funds for capital construction
and there was now enough money to start the project.
It was eXplained that Willow Wind paid the Systems Development Charges (SDC), the service connection and were
offered an in-city rate instead of an outside-city limits rate at a difference of 1.5%. Ms. Turner added the School
District pays the additional fees, the buy-in of the capital through the SDC with property taxes used to supplement
water rates and pay for debt service. As a non-profit governmental entity, the School District does not pay property
taxes.
Staff explained the purpose of charging a higher outside-city limits water rate was to recover funds non-profit
government entities do not pay through property taxes. The City also wanted the school using City drinking water
opposed to well water. Offering the in-city rate was an incentive for the school District to connect for water service
instead of connecting only for fire service. Currently Willow Wind brought in bottled water for drinking and used
well water for the sewer.
Council expressed concerns that the agreement should have a limit to avoid becoming outdated. The School had also
violated water usage amount, State Land Use Code and the City Charter and there was opposition on changing City
policy regarding how connections outside city limits were charged. It set a precedent and Council should change the
rates or the ordinance before making special rate offers. Other comments included Council making an exception to
Willow Wind and concern the School District had requested multiple payments for the SDC.
Staff confirmed those living outside of City limits paid 1.5% more for water service.
Councilor Silbiger/Chapman mls strike the language giving the School District the in-city water rate from the
Intergovernmental Agreement as amended by the City Attorney. DISCUSSION: City Attorney Richard
Appicello noted that in section 3. Functions or Activities (A)The City of Ashland agrees to the following, second
sentence, strike "Not withstanding the location of service, the water rate the City shall charge the School
District shall be the same as the in-city water rate, provided the Willow Wind Community Center property
remains a school. Any change in use .will trigger an increase in the rate charged to the ont of city rate
structure," and add to the last sentence of that paragraph, "As provided here in," and strike "By City for
customers served outside the City."
Roll Call Vote: Councilor Silbiger, Chapman, Voisin and Lemhonse, YES; Councilor Navickas, NO. Motion
passed 4-2.
Ms. Turner confirmed the School District would make a single payment instead of installments. Staff explained
section 4. Payment (B) could be deleted from the IGA if single payment occurred.
Conncilor VoisinlNavickas m/s to approve staff recommendation to approve the amended agreement with the
Ashland School District for a Water Service Connection to Willow Wind Commnnity Learning Center.
Roll Call Vote: Councilor Navickas, Chapman, Lemhouse, Silbiger and Voisin, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
August 4. 2009
Page 6of6
2. Will the Council authorize the City Administrator to sign a confidentiality agreement with the Union
Pacific Railroad for data related to the Siskiyou Section?
Councilor Chapman explained several discussions with cities in California had occurred regarding the rail service.
Union Pacific invited the City of Ashland to discuss the railroad further but required a Confidentiality A!,'Teement
prior. City Administrator Martha Bennett further explained by signing the agreement, the City would be subject to
all legal fees of Union Pacific if the City ever disclosed, it was an open-ended liability statement based on the laws of
Nebraska.
Conncilor Silbiger/Chapman m/s that Council authorize the City Administrator to sign a confidentiality
agreement with Union Pacific Railroad regarding the Siskiyou section. Roll Call Vote: Councilor Chapman,
Navickas, Voisin, Silbiger and Lemhouse, YES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS None
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
I. Honsing Commission
Councilor Voisin reported that during an analysis to impediments to fair housing, serious impediments were
discovered that the Housing Commission would address during their next meetings. The Housing Commission was
also working on the preservation of vulnerable property of affordable housing.
Council suggested a proclamation in honor of Alice Hardesty for her efforts on the City Council and the Planning
Commission.
2. Parks & Recreation Commission
Councilor Silbiger reported the Parks and Recreation Commission were glad the Council was putting the renewal of
the Food and Beverage Tax on the ballot. Currently, the Commission was working on a large informational sign at
the entrance to Lithia Park. He expressed the Commission's disappointment that Parks Director Don Robertson was
unable to reduce the price on the Clay Street property. A contingency to purchase the property might be the Food and
Beverage Tax passing.
3. Transportation CommissionlPolicy Committee of the MPO
Transportation Commission
Councilor Chapman reported the Commission was getting ready to update the City's Transportation Plan, review how
the Will Dodge Way alley operates and replace a recent resignation on the Commission.
Metropolitan Planning Organization (MPO) - Policy Committee
Councilor Chapman shared the history of the committee's origin and policies. The MPO is comprised of a Public
Advisory Committee, Technical Advisory and the Policy Committee. Recently, the Policy Committee updated the
Regional Transportation Plan, established their mission, vision staternent, and goals.
SUMMARY OF MEETING
Mayor Stromberg provided a brief summary of the meeting.
ADJOURNMENT
Meeting was adjourned at 9:45 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Tree Commission
August 18, 2009 Prirnary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Bennet Estimated Time:
Barbara Christensen
christeb(@ashland.or.us
Mayor Strornberg
Consent
Question:
Does the City Council wish to confirrn the Mayor's appointrnent of Kerry KenCaim to the Tree
Comrnission with a term to expire April 30, 201O?
Staff Recommendation:
None
Background:
This is confirrnation by the City Council on the Mayor's appointment to the Tree Commission on
application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor appointrnent of Kerry KenCaim to the Tree Cornrnission.
Potential Motions:
Motion to approve appointment of Kerry KenCaim to the Tree Commission with a term to expire April
30,2010.
Attachments:
Application received
Page I of 1
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06/07/2009 SUN 09:29 FAX
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CITY OF
BY: _nnm - m_u__ AS H LAN D
APPLICATION FOR POINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chri.slebrillllShland.or,lls. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sbeets if
necessary.
Name~\{ V,:;;NL:A:.r~
Request1ngtoserveon:~S" 'l':;' L IfeE (C~onICommillee)
Address S-ft;7 ~ b7V~ I
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1. Education Back~nnd
What schools have you attended?
Phone: Home~ ~ Lf 635 ~S"~)
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What degrees do you hold?
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What additional training or educotion have you had that would apply to this position?
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CJF f-4A-1\1Y Hls:rOfZ{C- /"tONe: GJcr~oIZ...S.
2. Related Exoerience
What prior work experience have you had that would help you if you were appointed to
this position?
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Do you feel it would be advuntageous for you to have further training in this field, such
as attending conferences or seminars? Why? ~ 8e:, 4 t'Jr'2-e U UR ~
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Lft~GI1: M'( Q"f'6Lc'3e.
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06/07/2009 Sl~ 09:30 FAX
Ken Cairn
Landscape ArchItecture
Tel: 541.488.3194 545 A Street
Fax: 541.552.9512 Ashland, OR 97520
Cell: 541.601.5559 kerry@kencairnlandscape.com
www.1<enC8imL1rldscape.omn
KERRY KENCAIRN
landscape Architect
Exoerience:
2007 -
KenCairn landscape Architecture - Principal
landscape Architecture, Environmental and Site Development Planning
KenCairn Sager landscape Architects Inc, - Principal
landscape Architecture, Environmental and Site Development Planning
2003-2007
1996-2003
KenCairn Environmental Design
Landscape Architecture, Site Design and Envlronm",ntal Planning
1996-1997
Oregon Water Trust
Rogue Valley Project Manager - Conservation of Water Rights, alternative
irrigation systems
Education:
MLA Landscape Architecture, 1995, University of Oregon
BLA Landscape Architecture, 1993, University of Oregon
B.S. Geography, 1988, Southern Oregon University
B.S. Fine Arts, 1988, Southern Oregon University
Research:
Alternative Stormwater Management in Development
Restoration and Reclamation of Wetlands and Streams
Environmentally ReSponsible DesIgn - LEED for Landscape Architects
Prof",sSional Orl!llnizations and Affiliations:
American Society of landscape Architects
Ashland Rotary
Medford Chamber of Commerce
Ashland Chamber of Commerce
Board of Directors - Ashland Community Land Trust
Board of Directors - Rogue Gallery and Community Center
Past Member (7 yearsl Ashland Planning Commission
Credentials. Certification:
1999 - Present Registered Landscape A~chltect Oregon #439
2001 - Present Registered Landscape Architect California #4614
WBE and ESB Certified
Green Roofs for Healthy Cities
IaJ 0011001
,-
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of the plat partitioning land jointly owned by the City of Ashland and
the Housing Authority of Jackson County
August 18,2009 Primary Staff Contact: James H. Olson 552-2412
Public Works/Engineering E-Mail: olsonj(@ashland.or.us
Community De ment Secondary Contact: Derek Severson
Martha Benn Estimated Time: Consent
Question:
Will the Council approve the land partition plat segregating land jointly owned by the City and by the
Housing Authority of Jackson County and authorize the Mayor to sign the plat?
Staff Recommendation:
Staffrecomrnends that the Council approve the land partition plat segregating land jointly owned by
the city and by the Housing Authority of Jackson County and that the Mayor be authorized to sign the
plat.
Background:
Action SurnrnaTV
Planning Action No. 2009-00043 approved the partitioning of land recently purchased by the City of
Ashland and the Housing Authority of Jackson County (HAJe) located at 380 Clay Street. The 10-
acre parcel is to be divided into three separate parcels and two street rights-of-ways. The land partition
plat must be approved by the City and by HAJC. Approving signatures are required frorn Mayor
Stromberg and from Scott Foster, Executive Director ofHAJC. Additional plat approvals are provided
by the Planning Director and by the City Surveyor which ensure compliance with the City's land use
ordinances and surveying statutes respectively.
Intergovernrnental Agreernent (IGA)
On December 2,2008 the City of Ashland and the Housing Authority of Jackson County entered into
an agreernent setting forth the details of the purchase and developrnent of the 380 Clay Street property.
The agreernent stated that the City should retain ownership of60 percent of the property with HJAC
owning the remaining 40 percent. The parties agreed to divide the land into three parcels, with the city
owning two parcels (approximately 6 acres) and HJAC owning the rernaining single 4-acre parcel. A
land partition is required for the division of the land and that process was approved by the planning
commission on February 10,2009 as planning action number 2009-00043.
HJAC has commissioned 1. J. Friar and Associates of Medford to conduct the survey and prepare the
land partition plat which is attached as Exhibit B. The agreement further stipulates that within 60 days
of the recording of the partition plat, the City and HJAC will complete the division of ownership
interest by conveyance of deeds from one party to the other. Under the terms of the agreement,
internal street rights of ways and utility easernents will be dedicated on the land partition plat.
Page I of2
~.l'
CITY Or
ASHLAND
Partition Plat
In accordance with Planning Action No. 2009-00043 and with the IGA signed on Decernber 2, 2008,
the attached partition plat has been prepared and is submitted for the Council's review and approval.
The plate creates Engle Street and Villard Street, public utility easements along all frontages and three
parcels of property. The following areas are represented on the plat:
Engle Street
ViII ard Street
Parcel No. I (City)
Parcel No.2 (HAle)
Parcel No.3 (City)
28,046 S.F. (0.64 acres)
21,848 S.F. (0.50 acres)
167,258 S.F. (3.84 acres)
150,595 S.F. (3.46 acres)
52,274 S.F. (1.20 acres)
Once Council and staff have cornpleted a review of the partition plat, any needed corrections will be
made on the final rnylar plats and will be presented to Mayor Stromberg for his signature.
Related City Policies:
Article X, Section 2 (c), and Article XIXA, Section 2 of the Ashland City Charter relating to the
purchase or disposition of public property, and AMC Section 18.76 regarding land partitions.
Council Options:
. The Council may approve the attached partition plat and authorize the rnayor to sign the final
rnylar plat
. The Council may wish to modify the partition plat prior to final approval
Potential Motions:
. Move to approve the land partition plat as presented plate as presented
. Move to approve the land partition plat with alterations as directed
Attachments:
. Vicinity rnap
. Copy of preliminary partition plat
Page 2 of2
~.l'
VICINITY MAP -- EXHIBIT A
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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
August 18,2009 Primary Staff Contact:
AdministrationlHR E-Mail:
None Secondary Contact:
Martha Benne Estimated Tirne:
Tina Gray, HR Manager
grayt(c/1ashland.or.us
benncttm(c/1ash land.or. us
Consent
Question:
Should the City Council authorize an agreement with The Waters-Oldani Consulting Group, Inc. for
professional recruitrnent services at a bid price of $25,000?
Staff Recommendation:
Authorize Martha Bennett, City Administrator to enter into a Professional Services Agreernent for the
recruitment and selection of an Information Technology Director.
Background:
The City would like to conduct a comprehensive national search to fill the vacant posItIOn of
Information Technology Director. Mike Ainsworth has been serving as Interim Information
Technology Director while continuing to cover his duties as AFN Operations Manager until a
replacement Director was found. Funds have been budgeted in the 2009-2010 Fiscal Year to conduct a
professional recruitment, and the City solicited proposals frorn professional recruitrnent firms
consistent with purchasing and contracting rules.
Staff is recommending the selection of The Waters-Oldani Consulting Group, Inc. for the following
reasons:
. They have a proprietary "Career Navigator" screening tool which assists in the evaluation and
screening of candidates and produces a detailed analysis of all candidates recornrnended to the
City as finalists.
. They are a recruitrnent leader throughout the nation and have a broad network of candidates to
draw from for the Information Technology Director position.
. They have a high cornrnitrnent to placement of minority and female candidates.
. They offer a triple guarantee on candidates they place with the City.
. Their pricing was cornpetitive and included a thorough background investigation on each
candidate invited to Ashland for an interview.
. The City utilized The Waters-Oldani Consulting Group, Inc. for the most recent recruitment for
Fire Chief with a positive result.
Page I of2
_Alii
..."
CITY OF
ASHLAND
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 recruitrnent services and offer staff alternative direction.
Potential Motions:
Move to approve and authorize Martha Bennett to sign the contract with Waters-Oldani for $25,000 for
a national search for Information Technology Director.
Attachments:
Request for Proposal (RFP) for Professional Recruitment Services
Page 2 of2
r~'
r~'
CITY OF ASHLAND
REQUEST FOR PROPOSAL
PROFESSIONAL RECRUITMENT SERVICES
Proposal Title:
Due Date and Time:
Contact:
Information Technology Director Recruitment
5:00 PM, Thursday, July 9, 2009
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 Information Technology Director.
PROJECT STATEMENT
Ashland's Information Technology (IT) Director resigned in October of 2008 and the
department has since been operating with an interim Director. The City now wishes to
conduct a national search to appoint a new IT Director, and we hope to have a new
candidate in place as soon as possible. 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
with strong managerial, interpersonal and leadership skills to oversee the City's
I nformation Technology Department, which consists of the Ashland Fiber Network
(AFN) and Computer Services Divisions.
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.
IT Director 2009
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 Information Technology Director.
PROPOSAL REQUIREMENTS
Proposals are due by 5:00PM, Thursday, July 9, 2009, 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, IT Director Recruitment.
. Proposals shall contain the required information and provide responses to the
key elements within the Request for Proposal.
. Late and/or incomplete proposals will not be considered.
Proposals must:
. Provide the name, address and telephone numbers of your 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 your 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 records.
. Provide a list of a minimum of three successful senior level staff recruitments with
similar community demographics to Ashland, including the individuals assigned
to the project that have been successfully completed withi~ the last five years.
· Discuss your firm's approach to the recruitment for a new IT Director. Address
specifically your leadership and organizational approach to recruitment strategy
development, planning and design processes. Outline specific steps that will be
IT Director 2009
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 your 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 your 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, your 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 its final selection no later than August 4, 2009. 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.
A copy of-the Contract for Personal Services is included for your review. The contract
will require the successful contractor to provide the City with Certificates of Insurance
for General Liability, Commercial/Business Auto, and Workers' Compensation. The City
of Ashland will also be required to be listed as the "additional insured". For more
information regarding the insurance requirements, please see Section 14 of the
Contract for Personal Services.
IT Director 2009
Page 3 of 3
City of Ashland
Council Communication
CITY OF
A.SHLAND
Meeting Date:
Department:
Secondary Dept.:
Approval:
Annual Renewal of Liquor Licenses
August 18, 2009 Prirnary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Bennet Estimated Tirne:
Barbara Christensen
chri steb(aJashland.or. us
None
Consent
Question:
Does the Council wish to approve annual renewals on liquor licenses as requested by Oregon State
Liquor Commission?
Staff Recommendation:
Endorse the renewal applications with the following recornrnendation:
"The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the GLCC now proceed in the matter. ,.
Because the renewal period for Business Licenses and quarter-end payments for Food & Beverage Tax
coincides with the renewal period for Liquor Licenses some businesses are pending approval. These
renewals will be brought forward to the Council for approval in October.
Background:
There are approxirnately 100 applications that will need to be renewed between Septernber and
October 2009. Each application will have been reviewed to prove that they meet the city ordinance
requirernents for business licenses, registered as a restaurant, and filed for city's food and beverage tax,
if applicable.
The following is a list of businesses that will be renewing their liquor licenses:
Agave Albertson's Food Store
Amuse Rest. Apple Cellar
Ashland Bakery Ashland Food Coop
Ashland Hills Shell Ashland Texaco
Beasy's on the Creek Beau Club
Bonsai Teriyaki Brother's Rest.
Chun's Palace Chevron Food Mart
Creekside Pizza Cucina Biazzi
Dragonfly Double Deuce
EI Arriero Elks Lodge
Greenleaf Rest. Great American Pizza
House of Thai Hana Sushi
Harper's II Giardino
La Casa Del Pueblo Lela's Bakers
Page I of2
Allyson's
Ashland Arco
Ashland Springs Hotel
Ashland Wine Cellar
Bi-Mart
Black Sheep
Cucina Biazzi
Cascade Peak Spirits
Eden Vale Winery
Golden Dynasty
Grilla Bites
Helena Darling Catering
Kobe's Rest.
Liquid Assets Wine Bar
rj.'
Louie's Bar & Grill
McCall House
Minute Market #6
Motif
Oak Tree NW
Oregon State Works
Pangea
PC Market
Palace Cafe
Senor Sams
SOU
Tease
Taj Indian Cuisine
Water Street Cafe
Yuan Yuan Rest.
Miguel's Mexican
Miharna Teriyaki
Morning Glory
NW Pizza
Ornar's
OSF
Palace Cafe
Peerless Rest.
Rite Aid
Sesame Asian Kitchen
Standing Stone
Thai Pepper
Vie's Mongolian
Wiley's World Pasta
CITY OF
ASHLAND
Macaroni's Rest.
Minute Market #5
Munchies
Noble Coffee House
Oregon Cabaret
Panda Garden
Pasta Piatti
Plaza Inn & Suites
Safeway
Shop N Kart
Tabu
Three Rivers Cuisine
Vinyl Club
Winchester Inn
Related City Policies:
In May 1999, the council decided it would rnake the above recornmendations on all liquor license
applications.
Council Options:
Approve or disapprove annual Liquor License renewal.
Potential Motions:
Approve or disapprove annual Liquor License renewal.
Attachments:
None
Page 2 of2
r~'
CITY OF
ASHLAND
Council Communication
Fiscal Year 2008-2009 Fourth Quarter Financial Report:
Meeting Date: August 18,2009 Prirnary Staff Contact:
Departrnent: Adrninistrative E-Mail:
Secondary Dept.: None Secondary Contact:
Approval: Martha Benn Estirnated Tirne:
April- June 2009
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Should Council accept the quarterly report as presented?
Staff Recommendation:
Staffrecornrnends Council accept the quarterly report as presented
Background: .
This is the quarterly financial report for the City (including Parks & Recreation) providing preliminary
end-of-year information (unaudited and unadjusted) on the financial position of the City relating to
cash & investments and budgetary revenues and expenditures.
The Adrninistrative Services Departrnent normally subrnits reports to Council on a quarterly basis to
provide assurance of budget compliance and for informational and cornparative purposes throughout
the year. Information can be provided in differing formats and timetables at Council's request.
The reports are intended to present information in formats consistent with the department, fund and
business activity presentations included in the adopted FY 2008-2009 budget document and the
rnanner in which they will be shown in the end of year report.
Financial numbers for the fourth quarter are good indicators of budget compliance. Enough tirne has
elapsed to evaluate the City's position in relationship to adjusted appropriations for the year according
to Oregon Budget Law. No changes to appropriations can be made after June 30 and no budget
violations have been identified at his tirne.
For the first tirne in several years Total Cash is higher ($138,430) than the prior year's balance. This
was made possible by the following actions taken during the FY 2008-2009:
I. Completing required projects and not starting new ones without an existing funding source.
2. Borrowing to reirnburse the City for qualifying capital expenditures paid out of pocket.
3. Cutting operational expenditures to correspond with reductions in related revenue streams.
4. Capping expenditures across the boards to meet needed fund balances for stability.
5. Raising rates or adjusting fees where necessary to balance the budget.
The stabilized total cash balance still includes significant changes in the individual fund balances
representing important shifts in operational cash and restricted balances. This indicates a slight
irnprovernent with $19.4 rnillion as the total, $8.3 million or 42% is unrestricted. In the prior year
approximately $7.6 million or 40% of the total was unrestricted.
Page 1 of2
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CITY OF
ASHLAND
For FY 2008-2009 Operating Revenues are at 88.7% of budget and $3.4 rnillion less than the prior
year. Budgetary Resources for the current year are greater than those in the prior year but $8.5 million
less than what was budgeted. Reductions from what was budgeted in both categories parallel the
projections identified in the middle of the year and support the steps the City took to balance incornes
and outgoes.
Total Ending Fund balance for the year is $20,080,142. This very close (approximately $729,000 or
3.8% more) to what was projected as Carry Over into the FY 2009-2010 budget. The positive
difference primarily comes from reduced spending by the departments.
Greater details on these changes are provided in the Financial Narrative provided with this report.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in
the Adrninistrative Service Departrnent office should you require any additional information.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recornrnend rnodifications 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. Ifrernoved frorn the
Consent Agenda for separate discussion one of the following rnotions may be ernployed:
A. Council moves to accept the financial report as presented.
B. Council rnoves 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 preliminary financial report for the period ended June 30, 2009. This
report includes:
I. Financial Narrative
2. Surnrnary of Cash and Investments as of June 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 amended by Council action for
supplemental budgets and transfers of appropriations
6. Schedule of Expenditures by Fund
The numbers presented are unaudited and unadjusted.
Page 2 of2
r~'
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the Cily's
cash position across funds and investment types. The city-wide cash balance has
"stabilized" between years at $19,389,300 showing a $138,430 or 0.7% increase. During the
lasl three years the cash balance has decreased significantly each year as capital projecls
were completed and little or no financing was done and revenue decreases such s Ihose from
the slow down in Ihe housing and tourism industries.
Each fund varies for its own reasons but it should be noted Ihat Ihe material increases in
cash balances are in the funds that normally have significant capital project costs
(enterprises, capital improvements and special revenue funds). Material reductions in cash
balances are seen in the general type funds (debt service and internal services funds). The
City General Fund did better than projected, only decreasing $76,950 in cash and Parks total
cash increased $38,107.
Please remember that the Central Services, Insurance Services and Equipment Fund cash
balances are all down significantly as described in the recent budget message. Central
Services is because internal charges have not been increased for several years, Insurance
Services paid for the settlement and defense costs for the Mt. Ashland Association case and
Equipment Fund loaned money to the Capilallmprovements Fund to purchase Ihe Clay
Street property. The loan is expecled 10 be repaid in FY 2010-2011.
The distribution of cash and investment balances has changed dramatically between years.
The City Recorder/Treasurer has moved nearly $5.1 million inlo various investments outside.
of the Local Government Investment Pool. The amount held in bank accounts is $1.75
million or $758,348 greater Ihan this time one year ago.
The Combined Statement of Financial Position is similar to presentations in the annual
financial report. It is intended to provide the reader an overall sense of the Cily's financial
position at the present time. Unappropriated Ending Fund Balance (EFB) is $20.1 million or
$27,349 more Ihan last year al this time reflecting a balance between all resources and all
requirements. The EFB is 2.9% less than what was budgeted. The primary reason for the
difference is Ihat very little financing of capital projects was done in Ihe year so there are no
bond proceeds in reserve for continuation of the projects into FY 2009-2010.
The stable fund balance includes significant shifts in revenues and expenses as identified
above. One key factor is the $2.3 million less than projected EFB being carried forward from
FY 2007-2008, primarily due to limited capital financing in the prior year. That negative
variance is offset by positive variances caused by spending caps and some changes in fees
and rates charged. The end result is a city-wide EFB $589,902 less than what was
budgeted.
Revenues and Budqetarv Resources at June 30, 2009, Iota I $58,451,005 as compared to
total year-to-date requirements of $58,423,657 which results in a $27,349 increase to
Unappropriated Ending Fund Balance. The amended budget anticipated a $1.7 milion
shortfall, resolved by the issues explained in this report.
Page 1 of5
~.l'
FY 2008-2009 Total Revenues on a city-wide basis are down $3.4 million from the prior year
and $7.1 million from this year's budge\. One reconciling factor is Ihe prior year included $2.5
million in property tax revenue for the Youth Activity Levy. All of the olher revenue calegories
are down between years reflecting reduced activities for Ihe various programs. The same
can be said for Budgetary Resources where most of the anlicipated capilal financing did not
occur and transfers between funds were greatly reduced.
Total Requirements are at 77.1 % of the annual budgel with Personal Services at 95.4% and
Materials and Services at 87.6%. These percentages of budget are lower than the prior year
percentages because of the December 2008 reduclion targets set by the City Administrator.
Debt Service is 84.6% since the City budgeted for additional payments on monies borrowed
but did not finance the projects. Similarly, Capital Outlay is only 26.0% of Ihe annual budget
and is $3.1 million less than the amount expended in the prior year. This represents stopping
all discretionary projects until financing can be done and revenue can be generated to pay
the subsequent debt service.
Budqetarv Requirements activity includes a $328,173 Transfer Out amounl that primarily
funds debt service payments and $625,000 loaned between funds as part of the Clay Street
purchase. Conlingency was reduced to $1,513,665 representing a reduction of $254,335
(14.4%) for unanticipated expenses.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. All Cily funds except Telecommunications and Insurance Services are below individual
budget lota/s. City wide the percent received is 78.9% of budge\. The $15.6 million not
received is split between financing proceeds not obtained and reduced charges for services,
fees and taxes.
More telling information is found later in this report in the individual fund statemenl narratives
to help the reader get a "sense" of how the year Iranspired.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget
basis by fund consistent with the resolulion that adopted appropriations for the year. (See
the compliance section of the budget documen\.) Appropriations are as adopled except for
those adjusted by the resolutions identified in the heading. The idenlified resolutions
represent supplemenlal budgels and transfers of appropriations to remain compliant with
Oregon Budget Law. Most departments and many funds had appropriations adjusted
through a supplemental budget for new revenue streams like grants or loans or unusual
expenses that were addressed by a transfer from Contingency. The increased number of
budgets changed indicales new revenue streams are being pursued to fund programs and
that the reduced budgets leave no room for error, often forcing transfers of appropriations
"just in case" for things that previously would not have been an issue.
No budget violations for FY 2008-2009 have been recorded at this time.
The Schedule of Expenditures by Fund is a summary report that balances the schedule for
revenues on page 3. The tolals for this report track closely with revenues but the reader
should consider the information provided below for a better understanding of revenues and
expenditures to date.
An overview by fund is as follows:
Page 2 of 5
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General Fund - Total revenues are 86.6% and expendilures are 84.3% wilh $427,665 in
Contingency unused. Charges for Services are 97.2% and laxes are 96.9% of budget,
respectively. The budget includes $1,000,000 in revenue for Ihe sale of Strawberry
properties and a similar amount to be spent on the affordable housing program. Neither will
happen. Expenditures exceed all revenues by $101,850, reducing Ending Fund Balance by
that amount. This is close to balancing resources and requiremenls and required
considerable reductions in expenditures to accomplish. The total is approximately $315,000
beller than projected and can be allributed to departments managing to under spend
projections by that amount.
CDBG Fund - Actual Revenue and Expenditures are well below budget and consistent with
aclivities for the year. Some anticipated project costs and grant reimbursemenls will not
occur until first quarter of next fiscal year.
Slreet Fund - A positive cash flow year-to-date has been recorded with $3 million in all
resources and $2.8 million in operational and capital expenses. Limited capital project
expenses have occurred as some projects are delayed and others await the master plan
review.
Airport Fund - Actual Revenue and Expenditures are below budget with a $13,560 positive
cash flow for the year. Refinancing of the T-hangar debt was done in April. The Ending Fund
Balance is over $100,000 but $80,000 is owed to the Water Fund to repay an Internal Fund
Loan done during hangar construction. This amount plus interest will be paid back in the first
quarter of FY 2009-2010.
Capital Improvements Fund - Total Revenues are 92.2% with Charges for services at 100%.
Miscellaneous Service Fees are 111.9% and interest was only $20,784 or 52% of budget.
Total expendilures are well below budgel al 92.7% resulting in a positive $436,621. The
Ending Fund Balance is about $100,000 less than projected. Part of that reduclion is the cost
of preliminary plans and grant writing for Fire Station #2 approved by Council in May.
Debt Service Fund - Taxes are 100.1 % with Charges for services also at 100%.
Miscellaneous Service Fees are 59.6% and interest was only $19,224 or 54.9% of budget.
Total Revenues are 87.6% of budget since Transfers In were reduced due to no borrowing or
resullant debt service. Total expenditures are at 91 % of the budget resulting in a negative
$167,727 cash flow which is larger than the budgeted $104,557 reduction in cash. The
Ending Fund Balance is a just over $1 million or about half of what it should be.
Water Fund - Resources ended ahead of expenditures due to the small ($700,000) financing
done to reimburse prior year capilal cosls. Wilhout the financing, cash flow would be a
negative $232,509. The August 2008 and April 2009 rate increases helped 10 boost sales
revenue to 94.4% but did not fully replace the revenue expected from greater volumetric
sales. Miscellaneous revenues were $200,000 above budget due to a reimbursement of Ski
Ashland legal costs up fronled in Ihis fund. New capital projects were postponed, removing
the need to immediately borrow an additional $1,000,000 and the delays assisted in raising
the Ending Fund Balance to $2.3 million.
Wastewater Fund - Revenues fell short of Expenses by $33,547. Without the small financing
that reimbursed the fund for prior year capital expenditures the negative cash flow would
have been over $333,000. This minimization of Ihe "loss" was also made possible by caps
Page 3 of5
~~,
on expendilures and new capital projects being poslponed. The fund has a large ending fund
balance at Ihis poinl of $3.7 million which is almost 100% restricted. The shortfall from
budget of the Food & Beverage tax proceeds is $195,000 for Ihe year, further supporting the
20% rate increase done in April 2009.
Electric Fund - Tolal Revenues exceeded Expenses by $180,154 for the year. The Ending
Fund Balance carried forward to FY 2009-2010 is approximately $250,000 larger than
budgeted however Ihal will not be enough to avoid some rate adjustment. The last rate
adjuslmenl removed the BPA Surcharge and aclually decreased net revenue 10 the fund in
that the impact was held neulral on Ihe customer, benefited the General Fund and cost the
Electric Fund. Sales have remained low during winter and Ihe lost revenue has been partially
offset by caps on spending. A review of the new wholesale costs will be done in late summer
or early fall.
Telecommunicalions Fund - Total Revenue is at 104.6%. Expenditures (including this fund's
$356,000 portion of the Debt Service on AFN GO bonds) are 81.9% of budget and generate
a small positive cash flow for the year. An unfilled position during the IT Director's is the
primary cause of the positive cash flow for the year. Fund balance is $933,668 and is
expected to remain high enough to help with the increased future debt service.
Central Services Fund - Revenues are at 93.7% and Expenditures are al the 89.8% resulting
in a negative cash flow of $202,555 as compared to the negative $473,516 budgeted for the
year. However, the Carry Forward from FY 2007-2008 was smaller than projected so this
fund's EFB is border line at $165,531.
Insurance Services Fund - Revenues exceeded budget by 10.7% or $74,116 due to recovery
of claims costs and increased workers compensation payments from the other funds.
Expenses total $1,204,600 (89.9% of budget) representing annual insurance premiums paid,
payment to the Mt Ashland Association to settle the dispute and reimbursing the Water Fund
for legal defense costs. These costs have reduced the EFB below the preferred $1.0 million
level to $703,215. Staff will have to monitor this fund over the next few years to rebuild
reserves needed to protect against large claims.
Equipment Fund - Revenues were 80.7% of the amended budget and Expenditures were
75.2% resulting in a negative cash flow of $477,743. This is $274,061 better than budgeted.
Because of the $625,000 interfund loan 10 the Capital Improvements to purchase land, cash
balances are lower than normal but repayment of the loan in the next two years will resolve
that with no impacl and the receivable keeps the actual EFB in the $1.4 million range.
Cemetery Trust Fund - Charges for Service are 105.1 % of budget. Interest earnings are at
24.7%. Interest earnings are transferred to the General Fund periodically through the year.
The Ending Fund Balance is nearly $800,000 and climbing.
Parks and Recreation Fund - Revenues finished ahead of Expenditures by $184,872 thanks
to spending caps and Charges for services increasing to $972,881 or 122.3% of budget.
They are $160,000 more than the prior year due to increased fees and indicating more
activities between years. Divisional expenses average 96%. The $1.4 million ending fund
balance is the minimum needed to carry this fund to November when property tax proceeds
for that year are received. APRC would be better off with a minimum of $1.5 million in carry
forward to pay for July through October expenses and not require program reductions
Pagc4of5
r~'
awaiting the infusion of cash. The target EFB is set too low al 20% of annual revenues which
equates to only $1 ,000,000.
Ashland Youth Activilies Levv Fund - The levy ended in FY 2008 so Parks only accounls for
prior years' receipts and their distribution to the school dislricl here in subsequent years. The
amount budgeted should reduce each year until closing the fund is agreed upon.
Parks Capital Improvements Fund - Utile interest earnings and no transfers in for projects
means only $62,674 in revenue as compared to $159,026 spent on park improvements
resulting in a negalive cash flow of $96,352 which is 98.5% of budget.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund staternents
are available for your review in the Administrative Services Department office should you
require any additional information.
Page 5 of5
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City of Ashland
Summary of Cash and Investments
June 30, 2009
Balance Balance Change From
Fund June 30, 2009 June 30, 2008 FY 2008
General Fund $ 2,202,048 $ 2,278,998 $ [76,9$0)
Community Bklck Grant Fund 45,535 45.438 97
Street Fund 2.425,923 2,284,895 141,028
Ail]lOrt Fund 93,626 73,975 19,651
Capilallmprovements Fund 1.407,711 1,156,600 251.111
Debt Service Fund 1.072.985 1,240,543 (167,558)
Water Fund 2,029,583 1,280,020 749,563
Wastewater Fund 3.267.610 3,149,078 118,532
Electric Fund 980,486 776,046 204.440
Telecommunications Fund 753.250 747,745 5,505
Cenlral Services Fund 557,993 909,599 (351,6061
Insurance Services Fund 1,042,617 1,433,692 (391,0751
Equlpmenl Fund 884,583 1,309,220 (424,637)
Cemelery Trust Fund 790,761 788,538 22,223
$ 17,554,712 $ 17,454,388 $ 100,324
Parks & Reefealian Agency Fund 1.834,589 1,796,482 38,107
1,834,589 1,796,482 38.107
Total Cash Distribution $ 19,389,300 $ 19,250,870 $ 138,430
Manner 01 Investment
Pelly Cash S 3,210 S 3,580 $ (350)
General Banking Accounts 1,747,657 989,309 758,348
Local Govemmenllnv. Pool 12,649,527 17,758,001 (5,IOS,474)
City Investments 4,988,906 500,000 4,488,906
T alai Cash and Investments S 19,389,300 $ 19,250.870 S 138,430
Dollar Distribution Cash Balance Oistribution
Cbims &
-
-"" -~\ TroO
(;.efI)alSi!f\'.Ce!. Recl'~Fl.Rb 2"\. r$793,oI76 Unles:~
lns\ltilrul~ "" I ,~
<-:'-..r AI Olllel tGMcntl = c.w.~'.
-.
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. $6,~802_ I, ". _,,,...,'"
.---. ~ Sl.ql,1314
~~Typ<l 0clX~ 1~
SL.830,151 OOU.l!Re$eNed
- '''''' 15"4 1250..400
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8
l~fhtrOIlRaccl.u.:J)rT?lXl!J.
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City of Ashland
Combined Statement of Financial Position City Wide
For the twelfth month eoded June 30. 2009
9
City of Ashland
Schedule of Revenues By Fund
June 30, 2009
Fiscal Year 2009 Fiscal Year 2008
Year- To-Date Fiscal Year Percent to Yoar. T ..Date
Revenues by Fund Actuals 2009 Amended Budge! Balance Actuals
City
General Fund $ 13,933,282 S 16,088,745 86.6% $ (2,155.463) $ 13,626,906
Comroonlly Biocl< GfMt Fund 178,438 439,886 40.6% (261,450) 70,864
Street Fund 3,003.497 9,020,901 33.3% (6,017.404) 3,169,285
AiljlOrtFund 400,376 447,500 89.5% (47,124) 269,060
GJpitallfTl)rovemenls Fund 2,244,679 2,433,600 92,2% (188,92t) 1,700,325
[)ebl Serv~e Fund 1,881,280 2,147.848 87.6% (266,586) 2,504,223
Water Fund 5,252,624 6.855.419 76.6% (1,602,795) 4,322,472
Was1ewalef Fund 4,669,834 7,728,000 60.4% (3,056,166) 4,483,023
Electric Fund 12,227,773 13,288,700 92.0% (1,060,927) 12,843,007
TeIecomlronicalions Fund 1,818,023 1,738,389 104.6% 79,834 1,808,995
Cen1rai Services Fund 5.459,975 5,82S,895 93.7% (388,920) 5,461,428
Insurance SeNices Fund 789,116 895,000 110.7% 74,116 715,194
Equipmenl Fund 1,278,700 1,$84,000 80.7% (305,300) 1,475,437
Cemetery TruSI Fund 36,325 80.500 45,1% (44,175) 55,211
Total City Colll]lOnents 53,153,920 68,375.381 n.7% (15,221,461) 52,525,430
Parks and Recreation Component
PartG and Reaeallon Fund 5,149,807 5,208,805 98.3% (58,998) 4,913,594
Ashland You1h Ac1MUes Levy Fund 84,804 200,000 42.:r'k (115,396) 2,553,133
Parks Capilall~rovement Fund 62,674 302,200 20.7% (239,528) 201,005
Total Parks Components 5,297,084 5,711 ,005 92.8% (413,921) 7,867,731
TolalClty 58,451,005 74,088,386 78.3% (15,635,381) 60,193,158
Worl<1ng Capital Carryover 20,052,793 22,335,360 89,80/. (2,2S2,567) 23,352.522
Total Budgel $ 78,503,798 $ 96,421,746 81.4% S (17,917,948) S 83,545,680
lt~~~Xlf'T:M9Jl!1
'"',,..,
10
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2008-13
As Amended Resolutions #2008-27,2008-28,2008-41,2008-42,
2009-03, 2009-14, 2009-19, 2009-20
For the twelfth monih ended June 30, 2009
Fiscal Yeaf 2009
Year.To-Date Flscsl Yeaf 2009 Percent
Actual. Amended U.ed Balance
General Fund
Administration $ 114.453 $ 335.500 34,1% $ 221,047
Administration. Ubrary 334,746 334,746 100.0% . 0
Administration. Municipal Court 422,428 442,180 95.5% 19,752
Administrative Services. Social Services Grants 108.741 124,570 87.3% 15,829
Adminlsifalive Sorvice. . Economic & Culmral GIants 550,610 551,333 99.9% 723
Administralive Services. Miscellaneous 6,981 9,000 77.6% 2,019
Administrative ServIces . Band 55,657 60,619 91.8% 4,962
Police Department 5,345,704 5,790,115 92,3% 444,411
Fire and Rescue Departmeni 4,933,221 5,116,997 96.4% 183.776
Public Wolks . Cemelery Division 285,235 339,630 84.0% 54,395
Communily Development. Planning Division 1,200,347 2,325,414 51.6% 1,125,067
Cemmunily Development. Buildin9 OMsi"" 676,509 786,690 86.0% 110,181
Transfers 500 500 100.0%
Contingency 427,665 0.0% 427,665
Total General Fund 14,035,132 16,644,959 84.3% 2,609,827
Community Development Block Grant Fund
Personal Services 20,168 23,617 85.4% 3,449
Materials and Services 10S,344 414.470 25.4% 309,128
Total Community Development Grant Fund 12~,'12 438,087 28.7% 312,;/~
Street Fund
PUbfiC Works. Streel Opafetions 2,022,613 3,933.428 51.4% 1,910,815
Public Works. Storm Water Opefations 573,248 972.521 58.9% 399,273
Public Wolks. Tfoospar13lion SoC's 90,995 381,310 23.9% 200,315
Public Works. Storm Wetef SoC's 35,510 308,000 11.5% 272,490
Public Works. Locallrnprovemeni Districts 35,853 813,586 4.4% m,735
Debt 400,000 0.0% 400,000
Transfers 200,000 0.0% 200,000
Contingency 93,000 0.0% 93,000
T otai Streot Fund 2.756,219 7,101,847 38,6% 4,343,628
Airport Fund
Materials and Services 63,645 76,560 83.1% 12,915
Capital OuOay 8,493 25,000 34,0% 16,507
Debt Service 314,676 314.760 100.0% 102
Contingency 5,000 0.0% 5,000
Total Airport Fund 386,816 421,340 91.8% 34,524
llr~~""'l:IFY~>.j,
"""'"
11
Schedule of Budgetary Compliance Per Resolution #2008-13
As Amended Resolutions #2008-27,2008-28,2008-41,2008-42,
2009-03,2009-14,2009-19,2009-20
For loe twelfth month ended June 30, 2009
FI.cal Veaf 2009
Vear.To-Dale Fi.cal Veaf 2009 Percent
Actual. Amended U.ed Balance
Capllallmprovements Fund
Personal Services 180,524 188,566 95.7% 8,042
Ma1llrials and Services 368.634 389,325 94.7% 20,691
Capilal Outlay 946,025 1,020,000 92.7% 73,975
Transfers 312,875 313,246 99,9% 371
Ciontingency 40,000 0.0% 40,000
TObl Cepltallmprovement. Fund 1,808,059 1,951,137 92.7% 143,078
Oebt Service Fund
Debt Service 2,049,007 2,252,403 91.0% 203,396
Total Debt Service Fund 2,049,007 2.252.403 91.0% 203,396
Watef Fund
Electric - Cionsenralion 167,614 188,645 88.9% 21,031
Public Wo"'s - Forest Lands Management Division 128,971 190.435 67.7% 61.464
Public Wo"'. - Watef Supply 290,563 818,988 35.5% 528,425
Public Works. Water Treatment 1,037.469 1,157,444 89.6% 119,975
Public Works - Watef Division 2,430,808 4,036,032 60.2% 1,805,224
Public Wo"'s - Reimbursement SOC's 58,109 237,750 24.4% 179,641
Public Wo"'. - Improvement SOC. 39.741 611,100 6.5% 571,359
Public Wo"'s' Debt SOC's 122,918 122,928 100.0% 10
Contingency 53,000 0.0% 53,000
Total Watef Fund 4.785,133 8,195,341 58.4% 3,410,208
WasteWater Fund
Public WOIl<s - Wastewatef Collection 1,423,572 2,149,780 68.2% 720,208
Public WorKs' Wasiewa1ef Treatment 1.478,453 2,830,024 52.2% 1,351,571
Public Wo"'s - Reimbursements SOC's 14,120 127,890 11.0% 113,770
Public Wo"'. -Improvemenl. SOC's 4,387 133,110 3.3% 128,723
OeblService 1,782,849 1.782,949 100.0% 100
Ciontingency 135,000 0.0% 135,000
Total Wastewater Fund 4,703,382 7,158.753 65.7% 2,455,371
Electric Fund
Electric - Conservation Division 592,199 597,550 99.1% 5,351
Electric - SUpply 5,217,239 5,860,204 89.0% 642,965
Electric - Distnbulion 5,351,750 5,574,770 96.0% 223,020
EIec1ric - Transmission 881,105 903,800 95.3% 42,495
Debt SeMce 25,326 25,800 0.0% 274
Conlingency 387,000 0.0% 387,000
Total Electric Fund 12,047,619 13,348,724 90.3% 1,301,105
~F\rlia'lcUI~....33FYxm.
8IUt.lIfll
12
Schedule of Budgetary Compliance Per Resolution #2008-13
As Amended Resolutions #2008-27, 2008-28,2008-41,2008-42,
2009-03,2009-14,2009-19,2009-20
For the twelfth month ended June 30, 2009
Aacal Year 2009
Year,To,Dale Flacal Year 2009 Percent
Actuals Amended Uaed Balance
Telecommunications Fund
IT - Intemel " 1,070,042 1,245,498 85.9% 175.456
IT - Hi9h Speed Access 328.032 439,922 74.6% 111,890
Debt. To Debt Setvico Fund ., 356,000 356,000 100.0%
C<>ntingency 100,000 0.0% 100,000
Total. Telecommunications Fund 1,754,074 2,141.420 81.9% 387,346
" Noto: to lotemel approprialion
Central Services Fund
Administration Department 1,255,895 1.448,833 86.7% 192,938
Administrative Services Department 1,609,000 1,735,725 92.7% 126,725
IT - Compulef Services OivisiOl1 1,164.486 1,196,824 97.3% 32,338
City Recoroef 272,350 303,337 89,8% 30,987
Public Worl<s - Adminislr.1ion and Engineering 1,360.799 1,467,692 92.7% 106,893
C<>ntingency 1$(),OOO 0.0% 1$(),OOO
T olal Central Services Fund 5,662,530 6,302.411 89.8% 639,881
Insurance Services Fund
Personal Senricos 80,865 84,524 95.7% 3,639
Materials and Services 1,123,715 1,230,803 91.3% 107,088
C<>ntingency 25,000 0.0% 25,000
Total Insurance Services Fund 1,204,600 1,340,327 89,9% 135,727
Equipment Fund
Personal Services 279,542 283,682 98.5% 4,140
Materials and Services 435,468 562,122 77.5% 126,634
Capital Outlay 416.413 772,000 53.9% 355,587
Interfund loen 625,000 670,000 93.3% 45,000
Contingency 48,000 0,0% 48,000
Total Equipment Fund 1.756,443 2,335,804 75.2% 579,361
Cemetery Trual Fund
Tfanslers 14.798 80,000 24.7% 45,202
Total Ce"!etery Trust Fund 14.798 60,000 24,7% 45,202
urn-uRa.p:t1......:>>f't2Xlllds
......
13
Schedule of Budgetary Compliance Per Resolution #2008-13
As Amended Resolutions #2008-27, 2008-28, 2008-41, 2008-42,
2009-03,2009-14,2009-19,2009-20
For the twelfth month ended June 30, 2009
Fiscal Year 2009
Vear,To-Oate Fiscal Year 2009 Percent
Acluals Amended Used Balance
Par1<s end Recr.ation Fund
Parks Division 3,487,475 3,592,671 97.1% 105,196
Recreation Division 1.107,262 1,146,594 96.6% 39,332
Golf Division 370,199 412,211 89.8% 42,012
Contingency 50,000 0.0% 50,000
Total Parks and Recreation Fund 4,964,935 S,201 ,476 95.5% 236,541
Youth Activities Levy Fund
Materials and Services 208,373 457,871 45.5% 249,298
Total Youth Activities Levy Fund 208,373 457,671 45.5% 249,298
Parks Capital Improvement Fund
Capi1ai Outlay 159,026 400,000 39.8% 240,974
Total Parks Capital Improvement Fund 159.026 400.000 39.8% 240,974
Total Appropriations S bH,423,657 $ Ib,lbl,102 77.1'1\ $ lI,32H,04b
j4F~Repn-,-~fY201J"
111""'"
14
City of Ashland
Schedule of Expenditures By Fund
June 30, 2009
Fiscal Year 2009 Fiscal Year 2008
Year- T o-Oate Ascal Year Percent Year-To-Oate
Requirements by Fund Actuals 2009 Amended Expended Balance Actuals
City Funds
General Fund $ 14,035,132 $ 16,644,959 84.3% $ 2,609,827 S 13,907,990
Communily Block Granl Fund 125.512 438,087 28.7% 312,575 37,946
Street Fund 2,758,220 7,101,647 38.8% 4,343,627 3,376,034
Airport Fund 386,816 421,340 91.8% 34,524 257,509
Capilallmprovements Fund 1,808,059 1,951,137 92.7% 143,078 1,147,722
Debl Service Fund 2,049,007 2,252,403 91.0% 203,396 1,816,977
Walef Fund 4,785,133 8,195,341 58.4% 3,410,208 6,107,753
Waslewatef Fund 4,703,382 7,158,753 65.7% 2.455,371 5,729,774
Electric Fund 12,047,619 13,348,724 90,3% 1,301,105 13,552,257
Telecommunications Fund 1,754,074 2,141,420 81.9% 387,346 1,828,171
Central Services Fund 5,662,530 6,302,4 11 89.8% 639,881 5,601,447
Insurance Services Fund 1,204,600 1,340,327 89.9% 135.727 701,931
Equipment Fund 1,756,443 2,335,804 752% 579,381 1,896,616
Cernelery T fusl Fund 14.798 60,000 . 24,7% 45,202 33,178
Total City Compolllltlts 53,091,322 69,692,583 76.2% 16,601,230 55,995,308
Parks and Recreation Component
Parks and Recreation Fund 4,964,935 5,201,476 95.5% 238,54 t 4,893,060
Youth Activities Levy Fund 208,373 457,671 45,5% 249,298 2,465,213
Parks Cepltallmprovements Fund 159,026 400,000 39,8% 240,974 133,051
Total Parks Components 5,332,334 6,059,147 88.0% 726,813 7,491,324
Total Requlfements by Fund 58,423,657 75,751,702 77.1% 17,328,042 63,486,632
Ending Fund Balance 20,080,142 20,670,044 97.t% (589,902) 20,052,793
Total Budget $ 78,503,798 $ 96,421,748 81,4% S 16,738,140 S 83,539,425
lCF'~RIlpB1#w30FY2OO'!J4
OIl''''''''
15
CITY OF
ASHLAND
Council Communication
A Resolution Adopting a Supplemental Budget Establishing Appropriations within
the 2009-2010 Budget
August 18,2009 Primary Staff Contact:
Administrative Services E-Mail:
Admin., Public Secondary Contact:
Martha Be e Estimated Time:
Meeting Date:
Department:
Secondary Dept.:
Approval:
Lee Tuneberg
tuneberl@ashland,or.us
None
Consent
Question:
Should Council approve a resolution adjusting the FY 2009-2010 Budget to create appropriations and
authorize expenditures for unanticipated expenses during this year?
Staff Recommendation:
Staffrecommends approval of the attached resolution.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
I. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall
budget. This is approved by a City Council resolution,
2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations,
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process,
This process includes a notice in the paper and a public hearing.
A supplemental budget is needed to adjust the FY 2009-2010 budget.
This is the FIRST supplemental budget of this fiscal year. It is for the items on the attached resolution,
described as follows:
A, To recognize a $5,543 grant received and dedicated to Park Patrol programs funded in the
General Fund, Police Department.
B. To recognize a $100,350 in forfeiture monies dedicated to Police Department activities in the
General Fund.
Attached is a resolution for your approvaL The recommended changes in the budget are explained after
each request and a staff member from the department is available to answer questions.
Related City Policies:
Compliance with Oregon Budget Law
Page I of2
~.l'
CITY OF
ASHLAND
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
I make a motion to approve the attached resolution adopting a supplemental budget for FY 2009-2010
for the purposes specified.
Attachments:
Resolution adopting a supplemental budget establishing appropriations within the 2009-2010 budget
Legal notice for August 11, 2009
Police Department memo dated 7/14/09 on Federal Grant Award - US Department of Justice
Police Department memo dated 7/20/09 on Supplemental Budget for Asset Forfeiture Funds
Page 2 of2
r~'
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIATIONS WITHIN THE 2009-2010 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning,
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c, Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing the following additional
appropriations:
General Fund
Appropriation: Police Department
Resource:
$105.893
$105893
Intergovernmental Revenues
$105,893
$105893
To fecognize a $5,543 United States Justice Department grant received and dedicated for increased
downtown and park patrol and to appropriate $100,350 of Asset Forfeiture monies received and
dedicated to qualifying police department expenditures including training, equipment and operations.
TOTAL ALL FUNDS
$105893
$105893
SECTION 2. All other provisions of the adopted 2009-2010 BUDGET not specifically
amended or revised in this Supplemental Budget remain in full force and effect as stated therein.
Page 1 of2
SECTION 3. This resolution was duly PASSED and ADOPTED this ~ day of August,
2009: and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of August, 2009:
John Stromberg, Mayor
Reviewed as to form:
Richard AppicelIo, City Attorney
Page 2 of2
Public Notice of Supplemental Budget
A fesolution adopting a supplemental budget fOf the City of Ashland, Jackson County, Slate of
Oregon, for the fiscal year July 1, 2009 to June 30, 2010, will be considered at the Civic Centef,
1175 East Main Street, Ashland, Oregon as part of the City's regular business on August 18,
2009, at 7:00 p.m. A copy of the supplemental budget document may be inspected or obtained
on or after August 11, 2009 at the Administfative Services Department, 20 East Main, Ashland,
Ofegon 97520 between 8:30 a.m. and 4:30 p.m.
A summary of the supplemental budget is presented below.
GENERAL FUND
Intergovernmental Revenues - Grants
Police Department
Resources
$ 105,893
Requirements
$ 105,893
TOTAL GENERAL FUND
$
105,893 $
105,893
To recognize a grant received for increased downtown and park patrol and to fecognize forfeitufe
monies received for Police Department expenditufes including training, equipment and
operations.
CITY OF
ASHLAND
Memo
DATE:
July 14,2009
TO:
Lce Tuncberg Administrativc Scrvices and Finance Director
FROM:
Terry Holderness Policc Chicf /II
RE:
Fcderal grant award
The Policc Department has reccivcd a grant from thc Unitcd Stated Departmcnt of Justice in the amount
of $22,173, This moncy is to bc spcnt ovcr a four ycar period for incrcascd downtO\m and park patrol.
Thc dcpartmcnt will nced to add $5,543 to this year's supplcmcnlal budgct to support grant activitics.
We will be receiving thc cntirc $22,173 at thc beginning of thc grant. The grant requires that thc eity
will "track, account for and rcport separately from all othcr funds," all moncy and intcrcst relalcd 10 thc
grant.
Attached arc copies of thc grant and relatcd documcnts.
Ashland Police Department
1155EMainSI
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541482.5211
FSl(; 541-488-5351
....
.""1
Memo
DATE:
July 20,2009
TO:
Martha Bennett, City Administrator
FROM:
Terry Holderness, Police Chief
RE:
Supplemental Budget for Asset Forfeiture Funds
Since 2000 the Ashland Police Department has participated in a regional drug task force
that handles drug investigations in and around the city. As a member of that task force
the Police Department is entitled to a percentage of assets seized by the task force from
drug dealers in accordance with federal law,
The US Treasury Department has "Tinen guidelines on how asset forfeiture money and
interest on that money may be spent. Under those guidelines that money shall be used
"for only law enforcemcnt purposes." The guidclines thcn list specilic permissible uscs
that include training, investigative resources. facilities, equipment and law enforcement
operations. The money can never be used to supplant local funds and always has 10 be
used as additional funds for the agency receiving the money, Federal regulations also
require that asset forfeiture funds "should be expended for Iheir designated law
enforcement purpose as they are received. However, these fiJnds may be retained in a
holding accoun/ for a reasonable period of lime, gellerally no longer Ihall Iwo years, 10
.\'OlisfY afll/ure need, such as a capiwl expendilure,"
In August of last year the department reported that we needed to expend at least $195,050
in forfeiture funds during the budget year to remain in compliance with Federal
regulations, A supplemental budget was approved that allowed the Poliee Department to
spend that money. Several projects came in under budget estimates and SOme equipment
we wanted is on backorder and we were unable to receive and pay for it during the
budget year. At this time we have a surplus in that account of $30,306 that needs to be
reallocated during this budget year. In addition we have to spend an additional $62,166
dollars during this budget year for a total of $92,472. That will leave approximately
$51,926 in the forfeiture account. In addition the Police Department would like to use
$8000 of the remaining $51,926 during this budget year. Three thousand dollars would be
used for anticipated project expenses and $5000 would be used as a contingency for one
budgeted project. This will leave $43,926 plus any of the unused contingency for the
20 II budget year. Following arc the areas that meet the legal criteria for use of asset
forfeiture funds that the police department would like to expend during this budget year,
Training
Problem Oriented Police training was specifically recommended in the PERF report. In
September of 2007 all Police Department employees received Problem Oriented Policing
training which was funded using forfeiture money, Sincc that time the department has
hired seven new employees, We can legally use forfeiture funds for a second class since
we havc never paid for this type of tmining with any other funding sourcc, The estimated
cost of bringing a trainer back to the city to put on another Problem Oriented Policing
course is $3500. We believe that we can recover up to $1700 by opening the class to
other agencies. Any money received by other agencies would be returned to the
forfeiture fund.
Equipment
Last year the department purchased ICOP video systems for all of our marked units. We
ordered a system for our one motor unit but the system was on back order and had not
been received by the end of the budget year, The $5000 cost of the unit went back into
the forfeiture fund, The unit is still on order and should be in this budget year.
The Etieket system is made up of small portable computers that electronically produce
citations and saves the infonnation generated. The unit scans or reads the bar codes on
drivers license and vehicle registration documents and automatically populates the area of
the citation requiring that information, This reduces the amount of time it lakes an officer
to write a citation to less than a minute, The citations produced arc easier to read and
have significantly fewer errors.
Due to the changes the police department has made in our report writing policies and
procedures, we no longer have personnel available to enter citation information into our
records data base and only do so when volunteers arc available to handle that task. We
are instead relying on the Court's ~ecord system to maintain that data. With the loss of
personnel at the Municipal Court, they are having difficulty keeping up with their data
entry. The Eticket system can be set up to automatically down load all citation
information into a data base. While there is no legal requirement that the Police
Dcpartment maintain that data the Court must maintain and report their data to the state.
Since the Police Department can access the court system and retrieve data that we
otherwise would not have, we can legally use forfeiture money to purchase the required
software interface. This sharing of resources should increase efficiency in both the
Police Department and the Court, The estimated cost of the entire system is $84,000 the
court has $1000 to help offset the cost so $83,000 will be funded using forfeiture funds.
2
Following is a summary of all recommended equipment:
EquiJ;ment
Cost
-----
Video system for motor unit $5,000
Etieket svstem $83,000
Total $88,000
Police Operations
For the last two budget years the Department has contracted with a private company
Lexipol to update and customize our general orders, The annual cost of updating all
general orders is $2850 and the annual cost of the training is $2700. Since this service
has always been funded using forfeiture funds we are able to pay the on going annual cost
of $5550 using asset forfeiture funds,
Thc ti11l0wing table is a summary of how the poliec department is recommending that
asset forfeiture funds be expended this budget year.
Permissible Use
Estimated Expenditure
Training $1,800
EQuipmcnt $88,000
Police Operations $5,550
Total $95.350
We are also requesting an additional $5000 be allocated as a contingency fund for the
Eticket program and training class, The total budget request is as follows:
$95,350
$5,000
$100,350
3
Memo
DATE:
July 20, 2009
TO:
Martha Bennett, City Administrator
FROM:
Terry Holderness, Police Chief
RE:
Supplem~ntal Budget for Asset Forfeiture Funds
Since 2000 the Ashland Police Department has participated in a regional drug task force
that handles drug investigations in and around the city. As a member of that task force
the Police Department is entitled to a percentage of assets seized by the task force from
drug dealers in accordance with federal law.
The US Treasury Department has written guidelines on how asset forfeiture money and
interest on that money may be spent. Under those guidelines that money shall be used
"for only law enforcement purposes." The guidelines then list specific permissible uses
that include training, investigative resources, facilities, equipment and law enforcement
operations. The money can never be used to supplant local funds and always has to be
used as additional funds for the agency receiving the money. Federal regulations also
require that asset forfeiture funds "should be expended for their designated law
enforcement purpose as they are received. However, these funds may be retained in a
holding account for a reasonable period of time, generally /10 longer than two years, to
satisJY afiiture need, such as a capital expenditure."
In August of last year the department reported that we needed to expend at least $195,050
in forfeiture funds during the budget year to remain in compliance with Federal
regulations. A supplemental budget was approved that allowed the Police Department to
spend that money. Several projects came in under budget estimates and some equipment
we wanted is on backorder and we were unable to receive and pay for it during the
budget year. At this time we have a surplus in that account of $30,306 that needs to be
reallocated during this budget year. In addition we have to spend an additional $62,166
dollars during this budget year for a total of $92,472. That will leave approximately
$51,926 in the forfeiture account. In addition the Police Department would like to use
$8000 of the remaining $51,926 during this budget year. Three thousand dollars would be
used for anticipated project expenses and $5000 would be used as a contingency for one
budgeted project. This will leave $43,926 plus any of the unused contingency for the
20 II budget year. Following are the areas that meet the legal criteria for use of asset
forfeiture funds that the police department would like to expend during this budget year.
Training
Problem Oriented Police training was specifically recommended in the PERF report. In
September of 2007 all Police Department employees received Problem Oriented Policing
training which was funded using forfeiture money. Since that time the department has
hired seven new employees. We can legally use forfeiture funds for a second class since
we have never paid for this type of training with any other funding source. The estimated
cost of bringing a trainer back to the city to put on another Problem Oriented Policing
course is $3500. We believe that we can recover up to $ I 700 by opening the class to
other agencies. Any money received by other agencies would be returned to the
forfeiture fund.
Equipment
Last year the department purchased ICOP video systems for all of our marked units. We
ordered a system for our one motor unit but the system was on back order and had not
been received by the end of the budget year. The $5000 cost of the unit went back into
the forfeiture fund, The unit is still on order and should be in this budget year.
The Eticket system is made up of small portable computers that electronically produce
citations and saves the information generated. The unit scans or reads the bar codes on
drivers license and vehicle registration documents and automatically populates the area of
the citation requiring that information. This reduces the amount of time it takes an officer
to write a citation to less than a minute. The citations produced are easier to read and
have significantly fewer errors.
Due to the changes the police department has made in our report writing policies and
procedures, we no longer have personnel available to enter citation information into our
records data base and only do so when volunteers are available to handle that task. We
are instead relying on the Court's record system to maintain that data. With the loss of
personnel at the Municipal Court, they are having difficulty keeping up with their data
entry. The Eticket system can be set up to automatically down load all citation
information into a data base. While there is no legal requirement that the Police
Department maintain that data the Court must maintain and report their data to the state.
Since the Police Department can access the court system and retrieve data that we
otherwise would not have, we can legally use forfeiture money to purchase the required
software interface. This sharing of resources should increase efficiency in both the
Police Department and the Court. The estimated cost of the entire system is $84,000 the
court has $1000 to help offset the cost so $83,000 will be funded using forfeiture funds.
2
Following is a summary of all recommended equipment:
Eouinment Cost
Video svstem for motor unit $5,000
Eticket svstem $83,000
Total $88,000
Police Operations
For the last two budget years the Department has contracted with a private company
Lexipol to update and customize our general orders. The annual cost of updating all
general orders is $2850 and the annual cost of the training is $2700. Since this service
has always been funded using forfeiture funds we are able to pay the on going annual cost
of $5550 using asset forfeiture funds.
The following table is a summary of how the police department is recommending that
asset forfeiture funds be expended this budget year.
Permissible Use
Estimated Expenditure
Trainin" $1,800
Eouioment $88,000
Police Onerations $5,550
Total $95,350
We are also requesting an additional $5000 be allocated as a contingency fund for the
Eticket program and training class. The total budget request is as follows:
uest
$95,350
$5,000
$100,350
3
CITY OF
ASHLAND
Council Communication
Approval of Airport Lease Extension Agreement
Meeting Date:
Department:
Secondary Dept.:
Approval:
August 18, 2009
Public WorkslEngineering
Legal
Martha Benn
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Mike Faught
fau ghtmia1ash land.or. us
Richard Appicello
Consent
Question:
Will Council approve a thirty (30) day extension to an Airport Ground Lease Agreement dated August
16, 1989 between the City of Ashland and Sandler Films Inc.?
Staff Recommendation:
Staffrecommends that the City Council approve a thirty (30) day extension to an Airport Ground
Lease Agreement dated August 16, 1989 between the city of Ashland and Sandler Films Inc.
Background:
Following a Public Hearing at the July 21,2009 City Council meeting, the Council approved a
Resolution Establishing Rates for the Ashland Municipal Airport, and Repealing Resolution 99-37 as
recommend by the Airport Commission, The resolution established various hangars, ground lease, tie
down and fuel flowage rates associated with Ashland Airport use.
As a reminder, the privately built City Owned monthly rental rates approved by the Council are as
follows:
BOX HANGAR "SHELL RENTAL" 0.25 SQ-FT/MONTH (building foolpfint)
(privately built City owned)
"Amenities" for any City owned hangar
Office Space .25 SQ-FT/MONTH (office space inside dimension)
Bathroom
Heat .03 SQ-FTIMONTH (building footprint)
. Heat: any upgraded heat source including gas and electric .01 SQ-FTIMONTH (building footprint)
. Building footprint ~ outside wall dimension
In addition, the new resolution included a new category of rates for privately built City owned hangars.
The addition of this new category was important as the first privately built City owner hangar lease
with Sandler Films expires August 16,2009.
The original ground lease agreement provides that at the termination of the lease the Lessee has the
first right of refusal to lease the premises from the City. Therefore, following the adoption of the new
resolution, staff extended an offer to Mr. Sandler on August 13,2009. Mr. Sandler is now requesting
a thirty (30) day extension to the original lease agreement in order to consider the City's offer for a
new lease and to negotiate the terms and conditions.
Page I of2
r~'
CITY OF
ASHLAND
Staff believes that this is a reasonable request and is recommending that the Council approve Mr.
Sandler's request for a thirty (30) day extension.
Council Options:
I, The City Council may decide to approve a thirty (30) day extension to the Airport Ground
Lease Agreement dated August 16, 1989 between the city of Ashland and Sandler Films Inc
2. The City Council may decide to modify the proposed lease extension agreement.
3, The City Council may decide not to approve the proposed lease extension.
Potential Motions:
1. Move to approve a thirty (30) day extension to the Airport Ground Lease Agreement dated
August 16, 1989 between the city of Ashland and Sandler Films Inc
2. Move to modify (
) the proposed lease extension agreement.
3. Move to not to approve the proposed lease extension agreement.
Attachments:
. Extension to Ground Lease Agreement Dated August 16, 1989 Between the City and Sandler
Films Inc.
Page 2 of2
~~,
EXTENSION TO GROUND LEASE AGREEMENT DATED AUGUST 16, 1989 BETWEEN
THE CITY OF ASHLAND AND SANDLER FILMS INC,
WHEREAS, on August 16, 1989, the City of Ashland, Lessor, and Sandler Films Inc"
Lessee, entered into a Ground Lease Agreement concerning certain real property at the
Ashland Municipal Airport, said property being more particularly described and shown on
Exhibit A, attached hereto and made a part hereof by this reference; and
WHEREAS, the Lease term began on August 16, 1989, and expires on August 16,
2009; and
WHEREAS, the Lease provides that at the termination of the lease the Lessee will
have the first right of refusal to lease the premises from the City; and
WHEREAS, the City extended an offer to Lessee on August 13, 2009; and
WHEREAS, Lessee, requested a thirty (30) day extension to the Lease Agreement to
consider the City's offer for a new lease and to negotiate terms and conditions; and
WHEREAS, City agrees that one thirty (30) day extension is necessary to allow City
and Lessee an opportunity to reach an Agreement on a new lease for the property; and
NOW THEREFORE, the 1989 Lease Agreement is hereby amended as follows:
1. The recitals set forth above are true and correct and incorporated herein by this
reference,
2. The Lease Agreement is hereby amended to reflect a thirty (30) day extension from
August 16, 2009 to September 15, 2009; and
3. All other provisions of the Lease Agreement not inconsistent with the above
extension remain in full force and effect.
ORDER
Pursuant to ORS 271,360 the governing body hereby approves and authorizes the terms of
this lease as set forth above.
SANDLER FILMS, INC.
CITY OF ASHLAND
BY:
Dated:
BY
Dated:
APPROVED AS TO FORM
BY:
City Attorney
Lease Agreement Extension
8-14-09
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Council Deliberation and First Reading on Ordinances Adopting
Chapter 18.63 Water Resource Protection Zones and Related Ordinance and
Ashland Comprehensive Plan Amendments
August 18,2009 Primary Staff Contact: Bill Molnar
Community Development E-Mail: molnarb@ashland.oLus
None Secondary Contact: Maria Harris
Martha Benne Estimated Time: 1 hour
Question:
Does the City Council approve first reading of an ordinance adding chapter 18.63, Water Resource
Protection Zones and related Comprehensive Plan and Land Use Ordinance amendments?
Staff Recommendation:
Staffrecommends the Council provide direction on any revisions that Council wishes prior to first
reading. Staff further recommends that, after the Council concludes their deliberations, first reading of
the ordinance be continued to the September 8, 2009 Council meeting.
Background:
At the July 21,2009 meeting, the Council continued deliberations and worked through the first two
items below. The list below includes issues that were identified during the May 19,2008 Council
deliberations and in s,ubsequent discussions with staff.
1. Length and Complexity of Chapter 18,63
. Should the exempt and limited use sections be combined to reduce the length of the document?
2, Eliminate Restoration Requirements for Exempt Activities and Uses
. Should the requirement to use native plants for planting associated with exempt activities, those activities
and uses that do not require a planning action approval, be eliminated, and be replaced with allowing use
of any type of plant that isn't noxious or invasive? Note: After further review of the applicable Oreqon
Administrative Rules bv planninq and leqal staff. staff believes that riparian veqetation is required to
laraelv remain unaltered and if removed, replaced with native plants - see information below.
Since the July 21,2009 meeting, staff has further examined the possibility of removing the native
planting requirements from the draft ordinance, In review of the state procedures and requirements
for complying with Statewide Planning Goal 5: Natural Resources, Scenic and Historic Areas, and
Open Space, it appears that local jurisdictions are required to control the removal ofriparian
vegetation and require the replacement of removed non-native vegetation with native plants species
for streams in the Riparian Corridors classification (see below).
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OAR 660-023-090 (8)
b) The ordinance shall contain provisions to control the removal of riparian vegetation,
except that the ordinance shall allow:
(A) Removal of non-native vegetation and replacement with native plant species; and
(B) Removal of vegetation necessary for the development of water-related or water-
dependent llses.
· Should the requirement to restore disturbed areas of the protection zone resulting from exempt activities
with native plantings be removed from the Exempt Activities and Uses?
3, Approval of Acceptable Native Plants and Prohibited Invasive Plants
. Should the city maintain a list of native plants acceptable for installation in water protection zones as well
as a prohibited list of invasive plants?
· Should additions and deletions to each list be allowed by the Staff Advisor through consultation with the
City Horticulturalisl, Tree Commission and other professional group or local agency with demonstrable
expertise?
4, Distribution of Native Plants through the Protection Zone
· Should only actions by property owners that require a planning application and land use approval be
subject to the standard that requires the landscape plan to show that:
./ The half of the protection zone closest to the creek channel shall have 100 percent native
plant coverage; and
./ the half of the protection zone furthest from the creek channel shall have a minimum of 50
percent native plant coverage
· Should actions by property owners that require a planning application and land use approval be permitted
additional fiexibility to the above native planting standards, such as:
./ The approved landscape plan for the entire protection zone shall designate a minimum of 50
percent native plant coverage, with the installation of new trees only to consist of native trees
from the City's list?
5, Use of Heavy Equipment and Machinery
· Should the requirement for a planning action approval to use heavy equipment in the protection zones be
eliminated, and be replaced with exempting the use of heavy equipment or machinery in the protection
zones with some stipulations about not negatively impacting the protection zone (e.g. working during the
wet season, permanent changes to the topography, moving a minor amount of soil, destruction of native
plants)?
6, Provide Exemption for Maintenance and Restoration of Water Resources in Public Parks
· Should the requirement for a planning action approval for a maintenance plan for maintenance and
restoration of water resources on parks property be eliminated, and an exemption be provided for
maintenance and restoration of protection zones in public parks performed by the Parks and Recreation
Department?
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7, Provide Exemption for Existing Agricultural Activities
. Should an exemption be added that would allow existing agricultural activities, such as grazing livestock
and growing crops, to continue?
8, Provide Exemption for Stream Restoration Activities with Limited Impacts
. Should an exemption be added that would allow stream restoration projects that involve minor earth
moving activities (e.g. excavation or placement of 5 cubic yards soil or earth-moving activity disturbing a
surface area greater than 1000 sq. It) and that do not involve in-stream work?
9, Mitigation Requirements and Hardship Variances
. Should planning actions involving existing single-family homes be required to mitigate impacts to
protection zones?
10, Water Resource Protection Zone Reductions
. protection zone may be reduced up to 50%
o Should maximum protection zone reduction be lowered to 25%?
. Type I procedure - decision by Staff Advisor, appealable to Planning Commission
. Type II procedure - public hearing and decision by Planning Commission, appealable to City Council
o Should this be changed from a Type I to a Type II procedure?
The Council originally continued first reading and this item is schedule as such. However a revised
draft ordinance language is not being provided at this time. The current draft ofChapterl8.63 is
referenced in this memo as well as the attachment. The current draft was in the April 21 , 2009 Council
packet, attached to the Council Communication as Attachment 6: An Ordinance Amending the
Ashland Land Use Ordinance Creating a New Chapter 18,63 Water Resource Protection Zones.
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter 18.72 Physical and Environmental Constraints, ALUO
Chapter 18.88 Performance Standards Option, ALUO
Chapter 18.72 Site Design and Use Standards, ALUO
section 18.108.170, ALUO
Council Options:
The Council may approve, approve with modifications, or deny the legislative amendment.
Potential Motions:
None provided at this time. Staffrequests direction from the Council on desired revision to the draft
ordinance. Revised ordinances will be prepared. Staffrecommends that first reading be continued to
September 8, 2009,
Attachments:
None
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Water Regulation and Cross Connection Site Surveys
August 18, 2009 Primary Staff Contact: Mike Faught 552-2411
Public Works E-Mail: faughtm@ashland.or.us
N/A Secondary Contact: Terry Oldfield
Martha Benne Estimated Time: 10 minutes
Question:
Will the Council authorize staff to conduct Cross Connection surveys/site visits of water customers
that also have Talent Irrigation District (TID) irrigation connections to determine if a cross connection
exists?
J
Staff Recommendation:
Staffrecommends that Council authorize staff to conduct Cross Connection surveys/site visits of water
customers that also have Talent Irrigation District (TID) irrigation connections to determine if a cross
connection exists.
Background:
There are currently 1036 Till connections in Ashland without confirmed backflow devices, signifying
potential cross connections. In order to determine if a cross connection exists, staff is proposing to
conduct a site survey of each of these properties. This plan is consistent with the October 7, 2008
approval of Ordinance No. 2965, an ordinance relating to water regulations and cross connection, and
repealing Ordinance No, 2773, .
This new ordinance consists of updates that were requested by the Ashland Public Works Department
and Water Quality Division due to numerous changes in the Oregon Administrative Rules. The new
ordinance has three major revisions:
. Codification of the water regulations
. Updated definitions to be consistent with state law and to reflect the current backflow
assemblies allowed by the Oregon Department of Human Services
. Modification of the penalty provision of the ordinance to state that the fine for a violation
would be $500.
Of the three major revisions to the code, protecting the water system from a cross connection or
back flow represented the bulk of the new language in the ordinance, The proposed code changes are
significant as a cross connection or backflow event represents the greatest threat to a potable water
system, Therefore, it is important that the type and manner of connection is carefully regulated as the
City of Ashland is responsible for the delivery of treated potable water to every business and resident
in Ashland. And as such, the State of Oregon mandates that water purveyors provide cross connection
and backflow control rules to protect the City's water system from contaminants and pollutants that
could cause a public health hazard.
The updates in Resolution No. 2965 bring Ashland's code into compliance with state requirements and
provides staff with a clear direction to protect the City's drinking water system with a continuing
program of cross connection control that effectively prevents contamination or pollution of all potable
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water systems (Ashland Municipal Code (AMC) 14.05.060 (A) (1). That direction includes a program
that promotes the elimination or control of existing cross connection, actual or potential, between the
customer's potable water system and non-potable water system (AMC) 14.05.060 (A) (2).
To that end, staff has identified 1036 customers with both City water and Talent Irrigation District
(TID) irrigation services that may have a potential cross connection between the city potable water
system and TID irrigation water. The potential TID cross connection represents one of the highest
threats of a cross connection to the City, and as such, each customer will be required to exhibit an Air
Gap, or install a Reduced Pressure Principal Backflow Prevention Assembly (RP). The cost to install
an RP depends on the size of the meter and is estimated to cost $500 to $1,100.
While the number of potential cross connections is large, staff will have to conduct a site visit/survey
of each property to determine if a cross connection exists. Given the size of the Public Works Water
Distribution crew, staff believes that they can only complete 300 inspections per year, which means it
will take three and a half years to complete the surveys. It is important to note however, that if during
the site visit staff identifies a cross connection, the customer will be required to remedy the cross
connection immediately with either an air gap or the installation of an RP. Once the appropriate level
of cross connection and backflow protection has been installed it is then critical to make sure that those
devices are tested annually.
Related City Policies:
AMC 14,05
Council Options:
(I) The City Council could decide to authorize staff to conduct Cross Connection surveys/site
visits of water customers that also have Talent Irrigation District (TID) irrigation
connections to determine if a cross connection exists.
(2) The City Council could decide to modify (
) staffs recommendation.
(3) The City Council could decide to deny staffs recommendation,
Potential Motions:
(1) Move to approve authorize staff to conduct Cross Connection surveys/site visits of water
customers that also have Talent Irrigation District (TID) irrigation connections to
determine if a cross connection exists
(2) Move to modify ( ) staff recommendation.
(3) Move to deny staffs recommendation.
Attachments:
. AMC 14.05
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CHAPTER 14.05
WATER REGULATION AND CROSS CONNECTION
SECTIONs:
14,05,010 Definitions,
14,05,020 Water Service Connection and Water Meter,
14,05,030 Temporary Service Connection,
14.05,040 Hydrants.
14.05,050 Responsibility for Customer Facilities and/or Equipment.
14.05,060 Backflow Prevention.
14,05,070 Iuspeetion of Premises,
14.05.090 Surge Control.
14,05.100 Pressure and Supply.
14.05,110 Noncompliance with Regnlations.
14,05.120 Penalties,
SECTION 14.05,010 Definitions.
A. Administrator: the City Administrator for thc City of Ashland.
B. Applicant: an individual firm, corporation, or authorized agent applying for water service.
C. AMC: the Ashland Municipal Code.
D. Approved Air Oap (AG): a physical separation between the free-flowing discharge end of a
potable water supply pipeline and an open or non-pressurized receiving vessel. An "Approved
Air Oap" shall be at least twice the diameter of the supply pipe measured vertically above the
ovcrflow rim ofthc vcssel and in no case less than I inch (2.54 cm), and in accord with Oregon
Plumbing Specialty Code.
E. Approved Backflow Prevention Assembly: a Reduced Pressure Principle Backflow Preventioo
Assembly, Reduced Pressure Principle-Detector Backflow Prevention Assembly, Double Check
Valve Backflow Prevention Asscmbly, Double Check-Detector Backflow Prevention Assembly,
Pressurc Vacuum Breaker Backsiphonage Prevention Assembly, or Spill-Resistant Pressure
Vacuum Breaker Backsiphonage Prevention Assembly, of a make, model, orientation, and size
approved by the Department. Assemblies listed in the currently approved backflow prevention
assemblies list developed by the University of Southern California, Foundation for Cross-
Connection Control and Hydraulic Research, or othe.' tcsting laboratories using equivalent
testing methods, are considcrcd approved by the Oregon Department of Human Services,
F. Backflow: the flow of water or other liquids, mixtures, or substances into the distributing pipcs
of a potable supply of water from any sourccs other than its intendcd source, and is caused by
backsiphonagc or backpressurc,
O. Backflow Prevention Assembly: a backflow prevention assembly such as a Pressure Vacuum
Breaker Backsiphonage Prevention Assembly, Spill-Resistant Pressure Vacuum Breaker
Backsiphonage Prevention Assembly, Double Check Valve Backflow Prevention Assembly,
Double Check-Detector Backflow Prevention Assembly, Reduced Pressure Principle Baekflow
Prevention Assembly, or Reduced Pressure Principle-Detector Backflow Prevention Assembly
and the attached shutoff valves on the inlet and outlet ends of the assembly, assembled as a
complete unit.
H. Backpressure: an elevation of pressure downstream of the distribution system that would cause,
or tend to cause, water to flow opposite of its intended direction.
I. Backsiphonage: a drop in distribution system pressure below atmospheric pressure (partial
vacuum), that would cause, or tend to cause, water to flow opposite of its intended direction.
1. Bore-Sighted Drain to Daylight: an unrestricted straight-line opening in an enclosure that vents
to grade, and is sized and constructed to adequately drain the full flow discharge from a reduced
pressure principle hackflow prevention assembly thus preventing any potential for submersion of
the assembly.
K. Check Valve: a valve, which allows flow in only one direction.
L. City: the City of Ashland, a municipal corporation in the State of Oregon.
M. Contaminant: any physical, chemical, biological, or radiological substance or matter in water
that creates a health hazard.
N. Council: City Council for the City of Ashland, Oregon.
O. Cross Connection: any actual or potential unprotected connection or structural arrangement
between the public or user's potable water system and any other source or system through which
it is possible to introduce into any part of the potable system any used water, industrial fluid, gas,
or substances other than the intended potable water with which the system is supplied. Bypass
3lTangements, jumper connections, removable sections. swivel, or change-over devices, and
other temporary or pennanent devices through which, or because of which. backflow can occur
are considered to be cross connections.
P. Customer: any individual firm or corporation receiving water service from the City.
Q. Customer Facilities and/or equipment: facilities and/or equipment located on customer premises
used for receiving, controlling, applying, and/or utilizing City water.
R. Customer Control Valve: a valve installed at or near the outlet of water meter for use by
cllstomer to control water to premises.
S. Director: the Public Works Director or Engineer for the City of Ashland.
T. Distribution System: the network of pipes and other facilities, which are used to distribute water
from the source, treatment, transmission. or storage facilities to the water user.
U. Double Check-Detector Backflow Prevention Assembly (DCDA): a specially designed assembly
composed of a line size approved double check valve assembly assembled with a bypass
containing a specific water meter and an approved double check valve backtlow prevention
assembly. The meter shall register accurately for only very low rates of flow up to three gallons
pel' minute and shall show a registration for all rates of flow. This assembly is designed to
protect against a non-health hazard.
V. Double Check Valve Backflow Prevention Assemhly (DC): an assembly of two independently
acting approved check valves, including tightly closing resilient seated shutuff valves attached at
each end of the assembly and titted with properly located resilient seated test cocks. This
assembly is designed to protect against a non-health hazard.
W. Federal: the United States of America, Environmental Protection Agency.
X. Health Hazard (Contamination): an impairment of the quality of the water that could create an
actual hazard to the public health through poisoning or through the spread of disease by sewage,
industrial fluids, waste, or other substances.
Y. Human Consumption: water nsed for drinking, personal hygiene bathing, showering, cooking,
dishwashing and maintaining oral hygiene.
Z. Hydrant: a device providing City water for fire protection; examples include fire hydrants and
standpipes.
AA. Local Administrative Authority: the individual ofticial, board, department or agency established
and anthorized by a state, county or city to administer and enforce the provisions of the Oregon
State Plumbing Specialty Code as adopted.
BB. Non-Health Hazard (Pollution): an impairment of the quality of the water to a degree that does
not create a hazard to the public health, but does adversely affect the aesthetic qualitics of such
water for potable use.
CC. OAR: Oregon Administrative Rules.
DO. ODHS: the Oregon Department of Human Services.
EE. Oregon Plumbing Specialty Code (OPSC): the latest edition of the Unifoml Plumbing Code as
adopted and/or amended by the State.
FF. Point of Dclivery (POD): the point of connection betwccn a public water system and the user's
water system. Beyond the point of delivery, the Oregon Plumbing Specialty Code applies. See
"Service Connection."
ee. Pollutant: a substance that creates an impairment of the quality of the water to a degree which
does not create a h",~1I'd to the public health, but which does adversely affect the aesthetic
qual ities of the water.
HH. Potable Watcr: Sce Safe Drinking Water.
II. Potential Cross Connection: a cross connection that would most likely occur, but may not be
taking place at the time of an inspection.
11. Premises: means real estate and the structures on it.
KK. Pressure Vacuum Breaker Backsiphollage Prevention Assembly (PVB): an assembly consisting
of an independently operating, internally loaded check valve and an independently operating
loaded air inlet valvc located on thc discharge sidc of the check valve. This assembly is to be
equipped with properly located resilient seated test cocks and tightly closing resilient seated
shntoff valves attached at each end of the assembly. This assembly is designed to protect against
a non-health hazard or a health hazard under backsiphonage conditions only.
LL. Private Water Main: a water main installed by customer to serve clIstomer' s premises. A private
water main may provide, b~Jt is not limited to. private hydrants, private fire protection systems,
landscape irrigation, multiple buildings or customer's equipment.
MM. Private Water System: any water system for water supply other' than the City water system.
Examples include: wells, springs, ponds, streams, and the Talent Irrigation District water.
NN. Public Health Hazard: a condition, device or practice which is conducive to the introduction of
waterborne disease organisms, 01' harmful chemical, physical, 01' radioactive substances into a
public water system, and which presents an unreasonable risk to health.
00. Public Water System: a system for the provIsion to the public of piped water for human
consumption, if such system has more than three service connections, or supplies water to a
public or commercial establishment that operates a total of at least 60 days per year, and that is
used by 10 or more individuals per day. Public water system also means a system for the
provision to the public of water through constructed conveyances other than pipes to at least 15
service connections or regularly serves at lea,t 25 individuals daily at least 60 days of the year.
A public water system is either a 'lCommunity Water System, II a "Transient Non-Community
Water System," a "Non-Transient Non-Community Watcr System" or a "State Rcgulated Water
System. "
PI'. Reduced Pressure Principle Backflow Prevention Assembly (RP): an .assembly containing two
independently acting approved check valves, together with a hydraulically operating,
mechanically independent pressure differential relief valve located between the check valves and
at the same timc bclow thc first check valve. The unit shall include properly located resilicnt
seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly.
This assembly is designed to protect against a non-health hazard or a health hazard.
QQ. Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA): a specifically
designed assembly composed of a line size approved reduced pressure principle backflow
prevention assembly with a bypass containing a spccifie water mcter and an approved reduced
pressure principle baekflow prevention assembly. The meter shall register accurately for only
velY low rates of flow up to three gallons per minute and shall show a registration for all rates of
flow. This assembly is designed to protect against a non-health ha7Jlrd or a health hazard.
RR. Regular Working Hours: Winter from 8:00am to 4:30pm and summer from 7:00am to 3:30pm,
Monday through Friday, except holidays.
SS. Safe Drinking Water: water which has sufficiently low conccntrations of microbiological,
inorganic chemical, organic chemical, radiological or physical substances so that individuals
drinking stich water at nOlmal levels of consumption, will not be exposed to disease organisms
or other substances which may produce harmful physiological effects.
rr. ServLce Connection: the piping connection by means of which water is conveyed from a
distribntion main of a public water system to a user's premise. For a community watcr system,
the portion of the service connection that conveys water from the distribution main to the user's
property line, or to the service meter, where provided, is under the jurisdiction of the water
supplier.
UU. Spill Resistant Pressure Vacunm Breaker Backsiphonage Prevention Assembly (SVB): an
assembly containing an independently operating, internally loaded check valve and
independently operating loadcd ail' inlet valve located on the dischargc side of the check valve.
The assembly is to be equipped with a properly located resilient seated test cock, a propedy
located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end
of the assembly. This assembly is designed to protect against a non-health hazard or a health
hazard under a backsiphonage condition only.
VV. Spring: a naturally occurring discharge of flowing water at the ground surface, or into surface
water. Springs can be derived from groundwater or they can be surface water influenced.
WW. State: the State of Oregon Depaltment of Health and/or Depaltment of Environmental Quality.
XX. Surface Water: all water, which is open to the atmosphere and subject to surface runoff.
YV.' Temporary Service Connection: a service connection installed for circuses, bazaars, fairs,
construction work, or similar short term temporary usage, the location of such is to be
determined by City.
ZZ. Vault: an approved enclosure abovc 01' below ground to house a backflow prevention assembly
that complies with the local administrative authority having jurisdiction.
AAA. Water Mder: a device for measuring water flow to water supply line housed in an approved
meter box and located between the water service line and water supply line.
BBB. Water Meter - Exempt: a water meter as defined above for a use that does not return water to the
City of Ashland sanitary sewer system. Such meters will be exempt from sanitary sewer charges.
Examples of exempt meters are meters used tor landscaping or a sclf-contained process such as
juice or soft drink manufacture.
CCc. Water Supply Line: a customer owned water line located hetween water meter and plumbing on
the premises.
DDD. Water System; the City owned and operatcd water system, which includes, but is not limited to,
water treatment facilities, dams. reservoirs, pumps, water mains, fire hydrants, and
appurtenances.
(Ord 2964. added. 10/07/2008)
SECTION 14.05.020 Water Serviee Connection and Water Meter.
A. Water Service Connection.
I) Location. The City shall install the water service connection in a location approved by City.
The water service connection shall be installed between the waler main and the customer' s
property line. If Customer requests an alternate location on customer's property and City
approves the location, an easement to the City shall be provided by customer for location of City
approved water service connection or water meter. The Customer will pay all costs.
2) Size. The water'service connection size shall be in accordance with opse. The minimum size
of a water service connection shall be three quarters inch (3/4") inside diameter.
B. Water Meters Including Exempt Meters.
I) Location. A water meter shall be installed by City at the termination of a water service'
connection. The water meter shall he located at the property line on public right-of-way or public
property. If the Customer requests an alternate location on customer's property, and City
approves the location, an easement 10 the City shall be provided by customer to allow the City to
install the C'ity approved water service counection or water meter. Customer will pay all costs.
2) Size. The water meter size shall be determined by the City based on the OPSC and water meter
manufacturer's recommendation. The minimum size meter is three-quarters inch (3/4") inside
diameter.
C. Water Meter Accuracy. Customer may request a water accuracy test. Prior 10 the request being
granted, customer shall deposit an amount with the City, as established by Couucil. If the water
meter accuracy test is within *5% of manufacturer's standard, customer shall forfeit deposit. If the
water meter accuracy check exceeds *5 of manufacturer's standard, City shall install a replacement
water meter and deposit shall be refunded to customer.
Do Installation Charges. Installation charges for water service connections and water meters shall be
established by Council.
E. System Development Charge (SDC). A reimbursement fee, a public improvement charge or a
combination assessed and collected as specified in Section 4.20.070 of the AMC.
F. Access to Service Connection. Customer shall keep premises free from any and all rubbish or
material wliich would prevent City from having free access to any service connection and/or water
meter.
G. Ownership and Maintenance.
1) City is the owner of service connection. Authorized City personnel shall install and maintain
service connections at City's expense. If a customer damages the service, the clIstomer is liable
for all costs of repair and/or replacement incurred, and the Customer shall be billed by the City
for all the costs.
2) Customer is the owner of the water supply line and is responsible for construction, repair, and
maintenance of the water supply line.
H. Joint Water Services. City may, at City option, serve two (2) or more premises with one water
service connection. The sizc of a joint water service connection shall be determined by the City
based on OPSC standards and the water meter manutacturer' s recommendations.
I. Sub-Meters. Sub-meters are water meters installed by clIstomer for the convenience of customer.
City will not furnish or read sub-meters.
J. Change in Size or Location of Water Service. Connection and/or Water Meter. A customer
requesting a change in location or size of a water service connection and/or water meter, shall be
liable for all costs incurred by City as established by Council. City shall approve allrclocations.
K. Water Service Connection or Private Water main. City shall discontinue water service when a
private water main or supply or private appurtenance(s) are not constl'llcted or properly maintained
by the customer in accordance with City, State, or Federal laws and these water regulations.
L. Customer's Control Valvc(s). Customer is required to install a control valve which controls the
water supply to customer premises. Customer control valve shall be located between the City water
meter and the customer water supply line. The purpose of customer control valvcs is to provide
customers with a method of discontinuing water service to their premises. The cost of furnishing and
installing customer control valves by the City will be as established by Council.
(Ord 2964. added. 10/07/200&)
SECTION 14.05.030 Temporary Service Conneetion.
A. Time Limit. Temporary service connections shall be disconnected not more than ninety (90) days
from the date of installation. An extension may he granted by the City upon request from the
customer.
B. Charges for Installation. The customcr shall be required to deposit with the City the following
amounts as established by Council:
I) Estimated cost of installation and removal of temporary service connection.
2) Estimated cost of water served through the temporary service connection.
3) Cost equal to the value of the temporary service connection.
C. Refund of Chargcs for Installation.
I) Refund. If the deposit exceeds the City's costs, the City shall refund thc eustomcr deposit less
the City's cost of removing the temporal)' service connection.
2) Additional Billing. If the deposit is less than the City's costs, the cllstomer shall pay the
additional costs to City. Pennanent water supply lines shall not be connected to water service
lines until costs are paid in full.
D. Charges for Water Served. Charges for water shall bc based on standard water rates established by
Council.
E. Responsibility for Temporary Water Service. The applicant and/or customer is responsible for all
damage and/or maintenance required for temporary water service beginning at the time of installation
and ending at the time of removal by City.
(Ord 2964. added, 10/07/200&)
SECTION 14.05.040 Hydrants.
A. Use of Hydrants.
I) No person shall tamper, damage, or use water from a hydrant without first obtaining written
approval from the Director or designee.
2) Some city owned hydrants cxist outsidc the corporate City limits. The use of such hydrants is
restricted to City and authorized personnel only. Anyone desiring to usc thcsc hydrants mnst
obtain written approval from the Administrator or designee.
B. Relocating Hydrants.
I) Cost. If an applicant and/or customer requests relocation of a fire hydrant the applicant and/or
customer shall be liable for all costs incurrcd.
2) Deposit. A deposit in the amount of estimated costs of relocating the hydrant shall be required.
If the deposit exceeds the actual costs, the applicant and/or customer shall be refunded their
deposit less actual cost. If the deposit is less than City's costs, the additional costs shall be due
and payable prior to activation of the hydrant.
3) . Fire Department Approval. The applicant and/or customer shall receive written approval from
the Ashland Fire Department prior to requesting relocation of a hydrant.
(Ord 2964. added, 10/0712008)
SECTION 14.05.050 Responsibility for Customer Faeilities and/or Equipment.
A. Condition of Customer Facilities. The customer shall install and maintain, in a good and safe
condition. all facilities and/or equipment required for receiving, controlling, applying and/or utilizing
City water. The City shall not be liable for any loss or damage caused by improper installation,
negligence, want of proper care, wrongful act(s) of customer or customer's tenants, agents,
employees, contractors. licensees, or permittees installing, maintaining, using, operating, or
interfering with customer's facilities and/or cquipment.
B. Water Service Billing Adjustments. No reduction in charges for water service shall bc made for any
cause, including leaks, freezing or similar instances. However, if the customer's facilities and/or
equipment include facilities that are beyond the customer's control, the customer makes all
immediate and diligent effort to rcpair the break as soon as possible after its discovery, and
circumstances wan'ant it, such as with a break-in, the City, upon written request by the customer,
may make an adjustment to the water service charge. The adjustment shall be based on previous
years usage for the same billing period. Adjustments shall not exceed 50% of the difference between
current and previous usage. All adjustments shall be made in accordance with the AMC.
C. Damage to Customer Facilities. Thc City shall not be responsible for damage to property caused by
customer's facilities and/or equipment when, or while, water service is in use by the City for repair
or replacement of water mains, water services, 01' similar City owned and operated facilitics relating
to the production, treatment, or distribution of water to the customer's facilities. When possible the
City will make a reasonable attempt to notifY the customer of such activity.
(Ord 2964, added. tO/07/2008)
SECTION 14.05.060 Baekflow Prevention.
A. Purpose. The purpose of cross connection and backflow control is to:
I) Protect the public potable water supply of Ashland from contaminants and pollutants by isolating
the customer's intel'l1al distribution system(s) or private water system(s) from the backflow of
contaminants and pollution into the public watcr systems.
2) Promote the elimination 01' control of existing cross connections, actual or potential, between the
customer's potable water system and non-potable water systm, plumbing fixtures and industrial
piping systems, and
3) Provide for the maintenance of a continuing program of cross connection control which will
systematically and etlectively prevent the contamination or pollution of all potable water
systems.
B. Cross Connections Regulated. All current or futnre cross connection assemblies shall be installed,
lIsed, or maintained in accordance with this Chapter.
C. Backflow Prevention Asscmbly Requirements.
I) Customers adding chemicals or other substances to City water shall notifY the City immediately.
2) Approved back flow prevention assemblies shall bc installed at the location service connection,
or as determined by the City certified cross connection control inspector. Customer shall be
liable for all associated costs.
3) Customer's water supply line and plumbing shall be open for City inspection. City authorized
representative shall determine if structural or sanitary hazards exist due to crass connection
devices. Upon the City's awareness of a hazard, the City shall discontinue service to premises.
Water service shall resume following correction, inspection, and City approval of the customer'
s corrections,
4) Backflow protection shall be installed when a cross connection exists. The degree of the hazard
shall determine the correction nccded.
(a) Premises with an auxiliary water supply connected, or intended to be connected, to the City
water system shall be protected by an approved air gap separation or an approved reduced
pressure principle backflow prevention assembly. The City discouragcs such cross
connections because of the high potential for back flow into the City water system. The City
reserves the right to refuse such connections.
(b) Premises that contain materials dangerous to health that could enter into the City's water
system shall install a an approved air gap separation or an approved reduced pressure
principle baekflow prevention assembly.
(c) Premises using or storing objectionable substance not hazardous to health shall protect the
City water system by installing an approved baekflow prevention assembly.
(d) Irrigation systems may be protected by a DCV A, I'VB, or RP assembly.
(e) When water, gases, chemicals, 01' foreign substances that may contaminate the public water
systcm as a result of baekflow or backsiphonage are placed in the system, a reduced pressure
principle backflow prevention assembly or an air gap separation shall be installed.
5) All City equipment using City water within the City water system shall protect the water with an
approved assembly. Examples arc street sweepers, fire trucks, and tanker or flusher trucks.
6) Installation of backflow prevention assemblies shall comply with the installation guidelines
defined in these rules.
7) Customer shall keep backflow prevention assemblies in good working condition at all times.
Customer shall have annual inspection and leakage tests by an individual certified by the State.
Additional inspections shall be required when successive inspections indicate failure. Customer
shall be financially liable for inspections and tests performed by City or private certified
individuals. City shall be responsible for tests be.ing completed in a timely manner. Defective
backflow prevention assemblies shall be repaired, overhauled, or replaced at customer expense.
All backtlow prevention assembly testing records shall be submitted to the City Records of such
tests, repairs, and overhauls shall be maintained by the City.
8) Existing backflow prevention assemblies, which do not meet requirements of these I'IIles, hut
were approved devices at the time of installation, and have been properly maintained, shall be
excinded from the requirements of these rules except for the requirement in subsection
14.05.060(C)(7). The City water system must be protected in a method as determined by City.
Whenever an existing assembly is relocated, the assembly shall meet requirements of these
regulations.
9) If internal cross connections are not correctable, or an intricate plumbing arrangement makes it
impractical to detellnine if a cross connection exists, City shall determine what baekflow
prevention assemblies are required.
10) All installation shall be in accordance with the OPSc.
II) All new construction plans shall be submitted to the Director 01' designee for approval.
12) If a hackflow prevention assembly is required to accomplish the purpose of thesc regulations,
installation shall be made hy the homeowner, licensed landscape contractor, or licensed
plumbing contractor.
13) If an appropriate cross 'conncction application has not be filed with and approved by the City,
water service shall be discontinued.
14) Pursuant to the ODHS and OAR Chapter 333, Division 61, an approved Double Check Valvc
Baekflow Prevention Assembly (DC) shall be the minimum backflow protection for fire line
serviccs.
(a) A Double Check Detector Backflow Prevention Assembly (DCDA) is required by City.
(b) Systems that incorporate an antifreeze loop containing any typc of chemical shall have an
approved Reduced Pressure Principle Backflow Prevention Assembly installed on thc
antifreeze loop.
D. Installation Requirements. To ensure propel' operation and accessibility of all backflow prevention
assemblies, the following is required:
I) No palt of the backflow prevention assembly shall be submerged or installed in a location
subject to flooding. If a backtlow prevention assembly is installed in a vault or bascment,
adequate drainage shall be provided.
(a) DCDA' s may be installed below grade in a vault, provided that plugs are installed in the test
cocks.
2) Assemblies must be installed at the connecting point of the City water service connection.
Alternate locations must be approved by the Director or designee prior to installation.
3) Asscmblies must be protected from freezing and/or other severe weather conditions.
4) Backtlow prevention assemblies shall be approved by the ODHS and the City.
5) Assemblies specifically approvcd by the Oregon Department of Human Selvices for vertical
installation shall be installed plumb.
6) Assemblies shall be accessible for maintenance and testing. Assemblies 2" and smaller shall
have a minimum 6" clearance on all sides of the assembly. All devices larger than 2" shall have a
minimum clearance of 12" on the back side, 24" on the test cock side, 12" below the assembly,
and 36" above the assembly.
7) Any assembly installed inside premises shall be readily accessible during the City's regular
working hours.
8) If an assembly is installed inside of premises, 5' above the floor and 2.5" or larger, the assembly
must be equipped with permanently installed scaffolding approved by the City. Installation must
also meet the U.S. Occupational Safety and Health Administration reqnirements and the State of
Oregon Occupational Safcty and Health Codes.
9) Reduced Pressure Principle Assemblies may be installed in a vault only if the relief valve
discllHrge can be drained to daylight through a "boresight" type drain. The drain shall be of
adequate capacity to cany the full rated flow of the assembly and shall be screened on both ends.
10) An approved air gap shall be located at the relief valve orifice. This air gap shall be at least
twice the inside diameter of the incoming supply line as measured vertically above the top rim of
the drain and in no case less than I".
I I) When a backflow assembly is deemed necessary by the City, the model of assembly and
installation plans shall be submitted to the City Water Department for approval prior to
installation.
12) Upon completion of installation, the City shall be notified and all assemblies must be inspected
and tcstcd by cCl1ified personnel. All backflow assemblies must be recorded with the City.
Registration records shall providc thc installation date, make, model, serial nnmber of the
back flow assembly, and the initial test report.
Any variances from these installation requirements shall be requested in writing by the customer
and approved by thc Director or designee in writing prior to assembly installation.
E. Access to Premises. Authorized employees of the City, with proper identitieation, shall have acccss
during reasonable hours to all parts of the premise. If a customer refuses to give the City access to
the premise for the purpose of inspection after receiving reasonable notice of the inspection at a
reasonable time, thcn either a reduced pressure principle assembly shall be installed at the service
connection to customerl s premise at customer's expense by the City, or the City may discontinue
water service to the premises.
F. Annual Testing and Repairs. All assemblies installed by a customer as required by the City shall be
tested immediately upon installation and then annually by a state certified tester. All such assemblies
found not functioning properly shall be promptly repaired or replaced. The City may deny or
discontinue water service to the premise for noncompliance of testing and/or repairs. All testing and
repairs are the financial responsibility of the clIstomer.
G. Variances. Any variances from these requirements shall be requested in writing by the customer and
approved by the Director or designee prior to assembly installation.
H. Cost of Compliance. All costs associated with purchase, installation, inspections, testing,
replacement, maintenance, parts, and repairs of the baekflow assembly arc the responsibility of the
cllstOl)ler.
I. Termination of Service. Failure on the part of the customer to discontinue the use of all cross
connections and to physically separate cross connections is sufficient cause for immediate
discontinuance of watcr service to the premises. OAR Chapter 333, Division 61. The Director or
designee shall make said determination.
(Ord 2964. added. 10107/2008)
SECTION 14.05.070 Inspeetion of Premises.
The City ~eserves the right to inspect the customer's premises if there is reason to believe that an unsafe
condition exists. The City may refuse water service and disconnect the service connection from the water
supply line if the plumbing, appliances or equipment using the water are dangerous, unsafe or not in
compliance with all City, State or Federal laws or standards.
14.05.080 Grounding Wire Attachments.
The attachment of any ground wire(s) to any plumbing or water supply line shall be at the customer's
risk. The City assumes no liability for damage to customer's premises or persons on customer's
premises caused by the ineffectiveness of such a grounding wire or system. The City shall hold clIstomer
liable for any damage to City property caused by customer's grounding wire 01' system.
(Ord 2964, added, 10/07/2008)
SECTION 14.05.090. Surge Control.
A. City Control. The City may discontinue water service if customer's facilities and/or equipment
create excessive pressure surges in City water system. The Director or designee shall determine
"excessive pressure sllrges."
B. Customer Responsibility. If the applicant and/or cnstomer' s facilities and/or equipment creates
excessive pressure snrges in the City water system, the applicant and/or customer shall be
responsible to install the City approved surge control equipment and maintain the surge control
equipmcnt in proper operating ordcr at applicant/eustomer' s expense. If the City determines
excessive pressure surges from the applicant and/or customer's facilities and/or equipment has
caused damage to the City water system, the City may bill the customer for cost of repairs of said
damage.
(Ord 2964. added. 10/07/2008)
SECTION 14.05.100 Pressure and Supply.
The City assumes no responsibility for loss or damage caused by lack of water volume or water pressure.
The City agrccs to provide water servicc to the applicant and/or customer at pressures and volumes as are
available in the water system. Water service is subject to shut-downs and variations required for the
operation and maintenance of the water system.
(Ord 2964, added, 10/0712008)
SECTION 14,05.110 Noneomplianee with Regulations.
./
The City may discontinue water service if the customer fails to comply with this ordinance. The cost of
discontinuing and restoring water service to the customer shall be established by the Council.
(Ord 2964. added, 1010712008)
SECTION 14,05,120 Penalties.
A violation of this section shall be punishable by a minimum fine of $500 upon eonviction.
(Ord 2964, added. 1010712008)
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Police Taser Usage/Contact Station Update
August 18,2009 Primary Staff Contact: Terry Holderness
Police E-Mail: Holdernet@ashland.or.us
None Secondary E-Mail None
Martha Benne Estimated Time: 15 minutes
Question:
Has the Police Department's purchase and use of the Taser and lease and use of the Downtown
Contact Station been effective?
Staff Recommendation:
Staff recommends that Council accept the report on the effectiveness of the Police Department's use of
the Taser and the Downtown Contact Station.
Background:
On 9-18-2007 the Chief of Police presented the Council with an implementation plan for the
recommendations of the PERF report. As part of that report he indicated that the department would be
purchasing Tasers for all officers and opening a contact station in the downtown area. The Council
requested that the Chiefreport back to them at the end of the first full year on use of the Tasers and the
effectiveness of the contact station in the downtown area. The contact station opened in May of 2008
and the Tasers were issued to officers in April of 2008.
T asers
The council requested that the Police Department not only report on the use of Taser but also monitor
and report on every instance where an officer displayed a Taser in a field situation. Since the Tasers
were issued officers have removed a Taser from the holster 6 times to warn people that the Taser
would be used if they did not cease the activity that was threatening the officer. In four cases no other
use of force was required. In the other two incidents the officers were able to resolve the incident with
a lower level of physical force. Even though the simple display of a Taser is not legally a use of force
the department has reviewed each incident in the same manner as an actual nse of force. In each case
the display of the Taser was found to be reasonable and within policy.
Downtown Contact Station
When the cotttact station was approved the Police Department advised that they were going to use the
following criteria to evaluate the effectiveness of the contact station.
. Number of hours officers actually use location
. Crime and calls for service before and after in downtown area
. Respottse times
. Number of times used by community
During the first 12 months of operation officers worked 1033 hours in the contact station. This number
only counts police officers, and does include volunteers and records clerks. While we have not kept a
Page I of2
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CITY OF
ASHLAND
total, on average records clerks are working 24 hours a week and volunteers are working 12 hours a
week in the contact station.
The following tables show changes in crime and disorder in the downtown, other areas of the city and
citywide for the 12 months prior to and 12 months following the opening of the contact station. The
first table shows actual reports taken for the listed property crimes and subjects taken into custody for
intoxication. The second table shows calls for service on issues related to disorder.
Changes in cases between 5-1-07 through 4-30-08 and 5-01-08 through 4-30-09
T f C'd DR' d fC
~ ype 0 cases ItYWl e own town emam er 0 Ity
Theft/Burglary -22% -31% -20%
Vandalism -40% -71% -21%
Detox -5% -42% +46%
Changes in calls for service between 5-01-07 through 4-30-08 and 5-01-08 through 4-30-09
,
T f C'd DR' d fC
I ype 0 cases ItYWl e owntown emam er 0 tty
Drug Activity -20% -77% +3%
DOC -6% -30% +6%
Fighting -12% -31% +14%
Overall we saw a 55% decrease in listed property crime and intoxication cases in the downtown area
compared to an 18% reduction of cases in the rest of the city. Calls for service related to disorder were
down 43% in the downtown area and increased 6% in the rest of the city.
When we compared priority one response times 12 months prior to and 12 months following the
opening of the contact station there was a 16 second or 2% reduction during the second year.
During the first 12 months of operation 2446 people came into the contact station. So far this summer
with increased hours of operation we have on average 450 people coming into the contact station each
month.
Related City Policies:
None
Council Options:
The Council may either accept the report as submitted by the Chief of Police or request additional
information.
Potential Motions:
1 make a motion to accept the report as submitted.
I move to direct the Police Department to bring back additional information.
Attachments:
None
Page 2 of2
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Letter of Support for the Ashland Forest Resiliency Plan
August 18, 2009 Primary Staff Contact: Martha Bennett
Administration E-Mail: bennettm@ashland.or.us
Fire and Rescu Secondary Contact: John Karns
Martha Benn Estimated Time: 5 Minutes
Question:
Should the City Council approve a letter of support to the National Forest Supervisor to encourage a
timely approval of the Ashland Forest Resiliency Plan?
Staff Recommendation:
Staffrecommends approval of the letter voicing support of a timely approval of the Ashland Forest
Resiliency Plan.
Background:
For Ashland Watershed, it's imperative to maintain the critical functions of the watershed (clean water,
recreation, habitat) when disturbance takes place. As analyzed in the Upper Bear Watershed Analysis
and the Ashland Forest Resiliency Final Environmental Impact Statement (FEIS), the Ashland
Watershed is not in a resilient state, especially in the face ofa wildfire. The purpose of the Ashland
Forest Resiliency (AFR) project is to protect the City's municipal water supply while restoring fire-
adapted forests in the watershed to a more sustainable and resilient state. The City of Ashland, through
the Ashland Forest Lands Commission, and in cooperation with local environmental stewardship
groups, submitted a Community Wildfire Protection Plan (CWPP) in 2004 to be evaluated as a third
alternative to a watershed proposal put forth by the US Forest Service (one alternative is to do
nothing). The Forest Service completed its evaluation of the three alternatives in 2008 by issuing the
Final Environmental Impact Statement (FEIS). The chosen "preferred alternative" was influenced
greatly by the community generated alternative in the CWPP. This preferred alternative proposes
thinning of trees and brush on 7,600 acres of land in the watershed over a ten-year period.
The AFR is currently awaiting a Record of Decision (ROD) and is on the Secretary of Agriculture's
desk. This letter of support will encourage passage of the ROD and implementation of the plan.
Related City Policies:
The Ashland City Council approved the Ashland Forest Resiliency Project Preferred Alternative in
October of 2008.
The Ashland Forest Resiliency Plan addresses two Council goals that were approved in June, 2009,
dealing with water quality and watershed sustainability.
Council Options:
Approve or disapprove the letter as written
Page I of2
~.1II
....11
CITY OF
ASHLAND
Potential Motions:
Motion to approve the letter of support for the AFR to Scott Conroy, Rogue River-Siskiyou National
Forest Supervisor
Attachments:
Letter to Scott Conroy, Rogue River-Siskiyou National Forest Supervisor
AFR Project Preferred Alternative
Page2of2
r~'
CITY OF
ASHLAND
August I I, 2009
Scott Conroy
Rogue River-Siskiyou National Forest Supervisor
3040 Biddle Rd
Medford, OR 97504
Dear Scott,
The City of Ashland would like to express our ongoing support for the signing of the Ashland Forest
Resiliency (AFR) project Record of Decision. We'd also like to thank you for the ongoing
opportunities to collaborate with you and your staff on the multi-party monitoring effort. A sound,
well funded and execnted monitoring effort will continue to develop trust and transparency as this
project moves into the implementation phase. The City is dedicated to the multi-party monitoring
effort and will continue to dedicate staff time and funding toward this key component of the project.
The Ashland Creek Watershed is an invaluable resource as our city's sole source of drinking water.
The negative effects associated with a severe wildfire in the watershed wonld create extreme
economic stress on the City to deliver clean water and possibly threaten property and citizen and
firefighter safety in the City's wildland urban interface zone. In addition, we recognize other
important valnes citizens place on the watershed including'recreation, spiritnal renewal, and aesthetic
appeal. The AFR project's outcome protects these values, which are at the core of Ashland's
collective conscience. The signing of the Record of Decision is an important step toward realizing a
resilient and healthy forest in our watershed and for our community.
Along with receiving City Council endorsement, the implementation of the Ashland Forest Resiliency
project appertains with two of the adopted City Council goals that were adopted in June, 2009. We
encourage this worthwhile project, and its multi-party monitoring plan, to go forward to ensure the
sustainability of the valuable Ashland watershed. Again, we appreciate the cooperation of the U.S.
Forest Service on this important issne.
Sincerely,
Martha Bennett
City Administrator
Ashland Fire and Rescue
455 Siskiyou Btvd.
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-482.2770
Fax: 541-488-5318
TTY: 800-735-2900
-.11
w.."
C I- T Y 0 F
ASHLAND
Council Communication
Discussion on Ashland Forest Resiliency Project Preferred Alternative
Meeting Date: October 7, 2008 Primary Staff Contact: Keith E. Woodley 552-2217
Department: Fire & Rescue E-Mail: woodleyk@ashland.or.ns
Secondary Dept.: None Secondary Contact: None
Approval: Martha Bennett Estimated Time: I' hour
Question:
Does the Council wish to endorse the Ashland Forest Resiliency Project Preferred Alternative?
Staff Recommendation:
Staff recommends endorsement of the Ashland Forest Resiliency Preferred Alternative with Ashland
Forest Lands Commission recommendations.
Background:
The purpose of the Ashland Forest Resiliency (AFR) project is to protect forest ecosystem values at
risk, reduce crown fire potential, and establish forest ecosystem conditions that are more resilient to
wildland fire events. The Final Environmental Impact Statement (FEIS) for the AFR project was
released for pnblic review and comment in September 2008. The Ashland Forest Lands Commission,
in conjunction with interested commnnity members, has completed its review of the Preferred
Alternative. Members of the review team will be present at the October 71h City council meeting to
provide their recommendations to the City Council.
Discussion:
The recommendations of the Ashland Forest Lands Commission are provided with this Council
Communication.
Related City Policies:
The 1929 US Forest Service / City of Ashland Memorandum of Understanding (with subsequent
amendments) provides for City of Ashland participation in US Forest Service resource management
activities within the Ashland Watershed.
Council Options:
The City Conncil has the following action options regarding their review of the FEIS and the Ashland
Forest Lands Commission recommendations:
(I) Endorse the Preferred Alternative as proposed by the US Forest Service in the FEIS.
(2) Reject the Preferred Alternative as proposed by the US Forest Service in the FEIS.
(3) Endorse the Preferred Alternative with Ashland Forest Lands Commission
recommendations.
(4) Endorse the Community Wildfire Protection Plan as the Preferred Alternative.
,(5) No action.
Page 1
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CITY OF
ASHLAND
Staff Recommendation:
Staff recommends endorsement of the US Forest Service Preferred Alternative with recommendations
as provided by the Ashland Forest Lands Commission.
Potential Motions:
Motion to approve or deny endorsement of the US Forest Service Ashland Forest Resiliency Project
Preferred Alternative, with or withont modifications, or motion to approve endorsement of the
Community Alternative as the Preferred Alternative.
Attachments:
Ashland Forest Lands Commission Recommendations to Conncil for the Ashland Forest Resiliency
Project Preferred Alternative.
Page 2
~~,
ASHLAND FOREST LANDS COMMISSION RECOMMENDATIONS TO THE CITY
COUNCIL FOR COMMENT ON THE ASHLAND FOREST RESILIENCY
PROJECT FEIS WITH SPECIFIC CONSIDERATION OF MODIFICATIONS TO THE
COMMUNITY ALTERNATIVE MADE IN THE PREFERRED ALTERNATIVE
"The Community Alternative was instrumentalfor informing the Forest Service in meeting the
objective of identifying the most efficient and effective treatments. In essence, the Preferred
Alternative originated as the Community Alternative adjusted in certain strategic ways, based on
the Forest Service obligation to meet public land management objectives. " (FEIS 11-63)
The Ashland Forest Lands Commission recommends an overall endorsement of the Preferred
Alternative in the FEIS with the following recommendations in six areas, including changes
between the Community Alternative (CA) and the Preferred Alternative (PA), and other issues
raised by members of the City Conncil, the AFLC and the AFRCAT Technical Team.
I. Silvicultural Treatments within the Research Natural Area
The Community Alternative proposes to treat 520 acres (37%) with variable density thinning within
the RNA, and the Preferred Alternative proposes to treat i 280 acres; approximately 780 acres
(56%) are proposed for variable density management. The remaining 500 acres wonld be treated
with small diameter, slll'face fuel hazard reduction. The major intent ofthe proposal within the
RNA is ecological restoration of the "Pacific" ponderosa pine and ponderosa pine-Douglas fir plant
associations for which the RNA was established.
AFLC Recommendation: The AFLC recommends to use the treatment settings as outlined in the
Community Alternative and accept the Preferred Alternative proposed addition of treatment in the
lower 1/3 slope positions on south and west aspects focused around thinning around Cohort I
legacy pines and hardwoods.
2. Addition of roadside treatments adjacent to US Forest Road 2060
The Preferred Alternative includes 330 acres of roadside fuel treatments adjacent to US Forest Road
2060, extending from 200 linear feet below the road to 50 to 75 feet above the road. The
Community Alternative provides for 230 acres of roadside treatments spanning 100 feet above and
below the road (Priority 8, FEIS II-52). The Community Alternative treatments are less contiguons
than those provided for in the Preferred Alternative as they I) avoid treatments on slopes >65%; and
2) avoid stretches of road distant from other treatments areas, and thns significant road segments
were not treated under the mapping rules developed in the Community Alternative.
AFLC Recommendation: The AFLC accepts the Preferred Alternative expansion of roadside
treatments, and recommends to the FS that an inventory of road conditions be conducted by an
engineering geologist to assess potential for existing road conditions which could aggravate LHZI
or other areas of potential slope failure associated with the road itself. In all cases, road engineering
/ maintenance deficiencies would need to be addressed by bringing roads up to today' s construction
Ashland Forest Lands Commission Recommendations on the Preferred Alternative
standards, thus reducing future sedimentation sources in the watershed. Treatments would also be
modified to reduce the risk of future slope failures (see #5 below).
The following three issues address aspects of treatments in the McDonald Peak Roadless area,
thus there is some overlap in the discussion points.
3a. Treatments within the Talent WUI
While some of the Talent WUI lies within the McDonald Peak Roadless 'Area, the AFRCAT
Technical Team declined to address areas outside the City of Ashland WUI with statements such as,
"We focused on the Ashland Creek watershed. We did not map or discuss any priorities
for Neil, Cottonwood, McDonald, Split Rock or Horn Gulch. Perhaps we defer to
USFS in those places and expect their proposed action to happen." (Draft response to
qnestions from the USFS, Nov. 3, 2004).
'The City of Ashland does not want to unilaterally establish WUI for other
communities. USFS can consider the addition of other WUI areas during the
development of the final." (AFRCAT meeting notes Nov. 20,2004);
AFLC Recommendation: The AFLC forwards the recommendation of the AFRCA T Technical
Team by deferring to the USFS on treatment within the Talent WUI defined by the Forest Service.
The following points outline the proposed treatments, stipnlations and benefits of treatment in this
setting:
. No roads will be built
. The project thins from below and protects the large, old, and fire resistant trees.
. Only trees in excess of snag and down coarse wood needs would be removed.
. Long term benefits of restored and more fire-resistant forest stands outweigh short term impact
on solitude and aesthetics of the road less area
. Area treated is the lowest elevation part of the road less area and the ridge over which fire could
be delivered from the City of Talent WUI.
3b. Locations and types of treatments in the Roadless Area
Concerns have been raised about impacts of treatment on the "road less" character, which the AFLC
understands to mean both lack of roads, wilderness characteristics, opportunity for backcounty
recreation and solitude. The Preferred Alternative adds treatment setting in the Talent WUI portion
of the roadless area and a strategic ridgeline treatment above Horn Gnlch. The Community
Alternative also included treatment in the same area, but over fewer acres and not specifically to
address fire containment.
Ashland Forest Lands Commission Recommendalions on the Preferred Alternative 2
AFLC Recommendation: The AFLC recommends accepting the Preferred Alternative for
treatments in the Talent WUI, and also recommends that the US Forest Service includes treatments
to maintain/promote Cohort 1 pines and larger hardwoods in Community Alternative settings
elsewhere in the roadless area (also see bullets under 3a). We also recommend that standard
(outside the road less area) Community Alternative prescriptions are applied in the Talent WUI area.
3c. Removal of diameter limits in the Roadless Area
The Community Alternative provides for diameter limited thinning at 7 inches at breast height (dbh)
diameter and smaller for the roadless area portion of the project. The Preferred Alternative has no
diameter limit, and the Forest Service provides its rationale on rejecting diameter limits (FEIS 11-
100-101 ).
AFLC Reeommendation: The AFLC accepts the Preferred Alternative elimination of the 7 inch
diameter limit in the roadless area within the treatment settings around Horn Gulch/Talent WUI.
The AFLC also recommends that thinning is limited to 7" dbh for maintenance of cohort I pines
and hardwoods elsewhere in the road less area.
4. Addition of strategic ridgeline treatments & greater canopy closure retention
The Preferred Alternative includes the foundation of the Community Alternative, a dispersed, area-
wide treatment strategy called the "fuel discontinuity network", and adds treatment area, filling gaps
in the network on strategic ridge lines to better "compartmentalize" the landscape, and reduce the
potential size of wildfires. The prescription on the north and east setting would remain those of the
Community Altemative, but on the south and west slopes, retention of canopy closnre wonld be
greater, averaging 60% canopy closnre. By leaving greater canopy closure, the USFS intends to
maintain higher fuel moistnres and reduce understory vegetation response, a phenomenon noted in
some areas of the existing "shaded fuel breaks" in the watershed.
AFLC Recommendation: The AFLC recommends accepting the Preferred Alternative proposal to
include additional settings to create a more consistent treatment area, and maintaining an average
60% canopy closnre across the treatment setting on average, while providing for variation in stand
density by greater thinning treatment around legacy pine and Douglas fir, and in areas of extreme
insect and disease risk (FElS 11-69). And the AFLC enconrages restoring greater variability in
canopy closnre to meet individual site conditions, using the Commnnity Alternative prescription for
Cohort I trees and larger hardwoods throughout strategic ridgeline settings, with an emphasis on
retaining large trees (FEIS 11-62).
The AFLC recommends that the Community Alternative prescriptions be maintained along strategic
ridgelines identified in the Community Alternative treatment settings to provide the ecological
restoration needed, particularly where ponderosa pine is prevalent on ridges, and sonth and west
facing aspects.
Ashland Forest Lands Commission Recommendations on the Preferred Allernative 3
5. Treatment within Landslide Hazard Zone 1 (LHZ I) and slopes >65%
The Preferred Alternative proposes 394 acres prescribed fire/snrface fnels treatments and 212 acres
density management (p. III-68). The AFLC has reservations over treatments within areas ofLHZl,
and concerns abont redncing effective gronnd cover.
AFLC Recommendation: The AFLC recognizes that some treatments may be beneficial for fire
threat abatement in these areas; however, we recommend no treatment in LHZ I and slopes >65% as
originally recommended in the community alternative for these areas ontside of the interface.
6. Sedimentation Issue and DEQ TMDL Standards
The recent regulatory standards instituted by the Oregon State Department of Environmental
Quality (DEQ) for Total Maximum Daily Load (TMDL) of sediment, "is set to natural background
or an erosion rate of3.62 cnbic yards per day total for the watershed. No significant increased
delivery of sediment to Reeder Reservoir over that which would occnr natnrally is allowed."
AFLC Recommendation: The AFLC endorses the US Forest Service statement that they will
comply with the recent DEQ standards, as is required by law. We recommended an implementation
protocol on October 10' 2007, and a thorough monitoring plan which was developed by the
AFRCA T technical team and included in the City comments on the DEIS. In addition to the DEQ's
recommendations for monitoring in West and East Fork Ashland Creek, the AFLC recommends
diligent, frequent treatment area monitoring as crucial to elevating the ability to detect and remedy
erosion that could lead to sediment delivery to streams. This approach better ensnres compliance
with DEQ standards, and provides measnres that build trust within the community.
The monitoring plan outlined in the FEIS (pp. 11-90 to 11-95) is a good starting place, bnt the City,
through the liaisons with the US Forest Service, has outlined a detailed notification and monitoring
plan to be initiated with implementation (October 10, 2007). It includes all aspects of the project
from unit layout and prescription review through effectiveness monitoring; the plan would identifY
objectives for monitoring, specific items to be monitored, protocols for monitoring, and
mechanisms for implementing the monitoring plan as well as mechanisms for changes in
prescriptions (adaptive management) if current approaches are not accomplishing objectives.
Adherence to this plan is recommended by the AFLC and a cadre of interested citizens is looking
,
forward to collaborating with the Forest Service dnring the implementation phase ofthe project;
commitments have been made by a volnnteer to monitor 75 to 100 acres of treatments within the
RNA following this proposal.
Ashland Forest Lands Commission Recommendations on the Preferred Allernative 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Request for Discussion of Nudity Ordinance
August 18, 2009 Primary Staff Contact: Richard Appicello
Administration E-Mail: appicelr@ashland.oLus
Legal Secondary Contact: Terry Holderness
Martha Benn Estimated Time: 10 minutes
Question:
Does the City Council wish direct staff to prepare amendments to AMC 10.44.012 related to nudity
within the City of Ashland?
Staff Recommendation:
This item was requested by Councilor Lemhouse.
Background:
The State of Oregon does not regulate public nudity, but local jurisdictions are permitted to impose
restrictions on it as long as the restrictions aren't unconstitutionally vague. In June 2004, the City
Council adopted an ordinance which prohibits the display of genitalia in public parks and in the CI-D
(downtown) zoning district. Otherwise in Ashland, state law applies.
In June of this year, Councilor Lemhouse asked for City Council discussion of whether the ordinance
is amended to further restrict public nudity near schools and on routes where school children walk to
and from school.
Staffrequests direction from the Council on this item. Staff requests that if the Council wishes to
amend the ordinance, we do so in a way that meets all tests related to the First Amendment. That is, it
needs to be contettt neutral and it needs to be clear and enforceable.
Related City Policies:
The text of AMC 10.44.012 Public Nudity is:
It is unlawful for any person to expose his or her genitalia while in the C-I-D (Downtown
Commercial) zone or in a public park. This provision is not intended to apply to a person who
is prepubescent or who has taken steps to create an envelope of privacy upon their own
property and the nudity occurs within that envelope.
Council Options:
. Take no action. ,
. Provide direction on how the 'Council would like to modify the existing code
. Request additional information prior to providing direction
. Other option
Attachments:
None
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