HomeMy WebLinkAbout2010-1116 Council PACKET
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non.agenda items during the Public Forum. Any citizen may submit wrinen comments
to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record i~ ~Iosed. Except for public hearings, there is no
absolute right to orally address the Council on an agenda item. Time permitting, the Presiding Officer may allow oral testimony; however, public
meetings law guarantees only public attendance, not public participation. If you wish to speak, please fill out the Speaker Request form located near
the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted
:will be depen.dent to some exte~t on the nature of the item under discussion, the number ofpeopJe who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 16, 2010
Council Chambers
1175 E, Main Street
,
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.E.]
6:00 p.m. Executive Session for Real Property Transaction pursuant to ORS 192.660(2)(e) and for
Employment of a Public Officer pursuant to ORS 192.660(2)(a) .
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. Study Session of November 1, 2010
2. Executive Session of November 2,2010
3. Regular Meeting of November 2,2010
VI, SPECIAL PRESENTATIONS & AWARDS
1. Presentation of Retirement Plaque for Scott Johnson.
2. Does Council have any questions about the 2010 Tree of the Year Presentation?
VII. CONSENT AGENDA [5 ",jiwtes]
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Should Council accept the quarterly report as presented?
3. Should Council accept the Comprehensive Annual Financial Report as
recommended by the Ashland Audit Committee?
4. Does Council have questions about the progress on Council Goals?
5. Will Council, acting as the local contracts review board, approve a contract-specific
special procurement for the direct award (purchase) of the TeleStaft public safety
scheduling program from Principal Decision Systems International, Inc.?
6. Does Council wish to confirm the Mayor's appointment of James Dills to the Housing
Commission with a term to expire April 30, 2010?
7. Does Council wish to confirm the Mayor's appointment of Corrine Vieville to the
COUNCIL MEETINGS ARE BROADCAST LlVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
Transportation Commission with a term to expire April 30, 2013?
8. Does Council wish to confirm the Mayor's appointment of Tracy Peddicord to the
Tree Commission with a term to expire April 30, 2013?
9. Does Council have questions about the Mayor's at large and Council liaison
committee member selection for the Ashland Stormwater Technical Review
Committee (STRC) and the Ashland Wastewater Technical Review (WTRC)
Committee for each of the respective Master Plan updates?
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 !l2.04.050})
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. Will Council, acting as the local contracts review board, authorize a Competitive
Sealed Proposal/Request for Proposals (RFP) for telecommunications and computer
services for AFN? [10 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does Council agree with the proposed recruitment process for the City Attorney
position? [10 Minutes]
2. Does the City Council wish to adopt a pass-through funding agreement for $50,000
between the City of Ashland and the Oregon Department of Forestry involving the
use of National Fire Plan Biomass funds to help support the creation of defensible
space around the homes of Ashland? [5 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating
to Public Rights of Way and Amending AMC 13.02"? [15 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance fa participate in this meeting,
please contact the City Administrators office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the
meeting (28 CFR 35.102-35.104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US
CITY COUNCIL STUDY SESSION
November J, 20 J 0
Page J of2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, November 1,2010
Siskiyou Room, 51 Winburn W.ay
. Mayor Stromberg called the meeting to order at 5:31 p.m. in the Siskiyou Room.
Councilor Silbiger, Jackson, Voisin, Navickas and Chapman were present. Councilor Lemhouse arrived
at 5:39 p.m.
I. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead.
2. Does Council have direction about the projects and work priorities of the Community
Development Department?
Community Development Director Bill Molnar eXplained department projects spanned an ] 8-month
period with seven projects related to Council Goals, several ongoing projects and potential projects. In
regards to developing a strategy for funding Public Facilities and Infrastructure for Economic
Development Projects staff was moving ahead with a feasibility study that will look at areas for economic
development in the downtown area, the Railroad District and the Croman-Jefferson-Washington location.
It would look at public infrastructure projects for those areas and possibly incorporate Urban Renewal and
Tax Increment Financing as well as identify exact boundaries for these districts and evaluate a project list
of raw infrastructure.
One of the issues with the Transportation Growth Management (TGM) grant projects was the City
received the awards six months into a 12-month scope of work and the projects needed to go through the
adoption process. The Railroad Plan was partially adopted. The Downtown Plan never made it to
implementation and required additional traffic analysis beyond what the TGM could provide. Staff
identified the Railroad Plan as a potential additional project but not the Downtown Plan because an aspect
of the TGM would address downtown parking scenarios and could be a candidate for Urban Renewal.
Planning Manager Maria Harris addressed the Transportation System Plan (TSP), eXplained it was an 18-
month project scheduled to conclude January 2012 and was a collaborative effort for the Planning
Commission and Transportation Commission. The Community Development Department's role was
keeping land use integration on track. The end of project would require more work because the TSP was
a supporting technical document to the Comprehensive Plan and would go through the formal adoption
process.
The Pedestrian Places Project was approximately a 10-month project based on three locations with five
and 10-minute walks from each core area. It would focus on Transit Oriented Development and
transforming the areas into neighborhood centers that encouraged walking, bicycling and transit.
Another project was Homeless Services and convening stakeholders to develop a plan that included
identifying previous services provided by Ihe Interface Care Community of Ashland (ICCA), gaps in
service and barriers for individuals getting services and transportation. The project would also evaluate
the need for youth shelters. Housing Program Specialist Linda Reid was chair of the Homeless Task
Force.
Council discussed with staff various types of homelessness and the need to address the pan handling and
loitering issues.
CITY COUNCIL STUDY SESSION
November 1,2010
Page 2 of2
There was a Council Goal. to complete the sale of the Clay Street property to the Parks and Recreation
Department and' propose development scenarios for the remaining land. Phase 1 of the project issued
permits for the 60 units currently developed or under various stages of construction. Phase 2 was the sale
of the parkland and street improvements through a Memorandum of Understanding (MOU). Money
received from the sale would repay the loan from the City Equipment Fund, relieve parking demand
issues downtown with a small amount remaining to be used at the discretion of Council.
Staff explained the Council Goal to Improve Clarity and Responsiveness of the Development Process and
referenced the 2007 audit by Zucker. The audit identified nine recommendations that included
improvements to development processes and communication between departments. Staff was preparing a
questionnaire similar to the one that went out in 2007 to measure changes and improvements over the past
three years.
Mr. Molnar addressed the goal of adopting land use & building code fee structures to create incentives to
promote green development. Staff was in the process of drafting a revised scope of work and noted the
citywide ordinance for building permits and LEED land use actions as well as green building standards
adopted as part of the Croman Mill plan and other areas for fee reductions.
Staff described the non-Council Goal project to update the Historic District Rehabilitation and Remodel
Standards and the Buildable Lands Inventory. The Buildable Lands Inventory would help identify new
locations for economic opportunities. Currently the building permits software did not connect with the
geographic information system (GIS). Staff wanted to create a data system that would transfer building
permit information automatically to GIS.
Mr. Molnar provided an update on the Regional Problem Solving (RPS) and that RPS would adjust the
population figures, look at Council comments, and address density regulations and the urban fringe issue.
Other potential projects included reviewing the Railroad Master Plan for additional aspects the. City might
want to adopt and look at developing properties in the east Ashland Street redevelopment area.
Circulation could pose an issue and possibly affect pedestrian places.
Council discussed concerns changing the Albertsons-Rite Aid area to a pedestrian friendly environment
and the projects generated from revisiting the Railroad plan. Staff clarified the street network was
adopted shortly after the draft plan was completed and the street dedication portion was on the books.
The Normal Neighborhood Master Plan was another project staff scoped that was outside city limits in the
urban growth boundary (UGB) and was the last big residential piece of land. Jackson County would
eventually classify the area as large lots single-family development. The project would determine how to
accommodate future growth in the area.
Council noted the project was a low priority and thought staff should extend Normal Street to East Main
when they had the opportunity. Staff confirmed that project was on the list.
Meeting adjourned at 7:06 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLANU CIlT L'UUNL'lL Mt;t;JJNli
November 2, 20 I 0
Page 1 of4
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
November 2, 2010
Council Cbambers
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, Jackson, Silbiger and Chapman were present.
Mayor Stromberg added an additional item to the Consent Agenda "Does the City Council accept the
resignation of the City Attorney?" and noted the passing of Senora Chela's husband.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg announced vacancies on the Tree, Transportation, Housing, Planning and Public Arts
Commissions. The deadline for applications for the Citizen Budget Committee was November 5, 2010.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of October 18, 2010 and Regular Meeting of October] 9, 2010 were
approved as presented.
SPECIAL PRESENTATIONS & AWARDS
Mayor Stromberg presented a retirement plaque to Deputy Police Chief Rich Walsh. Both the Council and
Police Chief Terry Holderness expressed appreciation for Deputy Chief Walsh's contributions to the Police
Force. Chief Holderness went on to present Deputy Chief Walsh with his retirement badge.
CONSENT AGENDA
I. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Does tbe City Council accept the resignation of the City Attorney?
Councilor Chapman/Voisin mls to approve Consent Agenda item. Voice Vote: all AYES, Motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
I. Does tbe City Council wish to adopt findings prepared by staff to formalize the Council's decision
on the AT&T Wireless Communications Facility appeal?
Ex Parte Declarations
Councilor Navickas commented his campaign committee had noted the issue.
Councilor Jackson explained that although she was absent during the Council meeting where the deliberation
took place, she had reviewed the minutes and was able to decide on the proposed findings.
Councilor Voisin/Chapman mls to adopt findings as presented, DISCUSSION: Councilor Chapman
expressed appreciation to staff on the simplicity and clarity of the findings. Roll Call Vote: Councilor
Silbiger, Voisin, Navickas, Cbapman, Jackson and Lemhouse, YES, Motion passed,
ASHLANU CIFr CUUNUL Mt.t.nN<J
November 2, 2010
Page 2 of4
2. Does Council have questions regarding the current status of the Lithia Springs Property lease
extension including the environmental assessment work and implementation of the best
management practices by the Ashland Gun Club?
Public Works Director Mike Faught presented the staff report on the progress of this item. This included
installing a new electronically controlled gate. additional fencing to restrict access to historical resources and.
developing the schedule for lead removal on the property. Staff anticipated receiving a report from the
Department of Envirorunental Quality (DEQ) February 2011 that would determine how to proceed.
Mr. Faught clarified the City was responsible for envirorunental cleanup if the use changed from the Gun Club.
He eXplained that the current lease had language that would require cleanup by the Gun Club. Assistant City
Attorney Megan Thornton confirmed the proposed lease would require more extensive cleanup of the property
by the Gun Club and clarified the proposed lease was a draft only and that there was no agreement at this time.
NEW AND MISCELLANEOUS BUSINESS (None)
ORDINANCES. RESOLUTIONS AND CONTRACTS
I. Will Council approve Second Reading of ordinance titled, "An Ordinance Relating to Noise and
Heat Pumps of Mecbanical Devices and Amending AMC 9,08,170, 9,08,175, and 15,04,185"?
Assistant City Attorney Megan Thornton acknowledged the Parks and Recreation Department 's noise policy
and did not think it created conflict with the proposed ordinance. Staff could add a clause to the ordinance
indicating when there was a more specific provision stated that would govern and not the noise ordinance.
She clarified provisions in the ordinance pertaining to leaf blowers ani similar devices and how the General
Noise Prohibition would cover anything that fell into the General category.
Mayor Stromberg addressed questions made by Cate Hartzell at the October 19, 2010 Council meeting and
explained the City had adopted the Oregon League of Cities model noise ordinance using the reasonable
person standard. Ms. Thornton explained there were two options for noise ordinances, one was the reasonable
person standard and the other was a decibel level approach. The reasonable person standard was a general
concept based on what a reasonable person would do under reasonable circumstances and the standard was
pervasive tlToughout the law. She noted the case from Virginia decided under Virginia State law wrere the
Virginia Supreme Court found the ordinance unconstitutional. However, the Federal Constitution found the
ordinance constitutional. There was no case law in Oregon regarding this and the proposed ordinance held up
in other jurisdictions.
Police Chief Terry Holderness provided examples of citations for the noise ordinance and how the Police
Department used the reasonable person standard. He did not think it would increase citation issuance. Ms.
Thornton added the proposed ordinance was not different from the current noise standard and the only changes
were to the language. She also eXplained that often cities did not adopt decibel systems because it was difficult
to set decibel levels, expensive to purchase the equipment and train staff to operate the equipment to enforce
the ordinance.
Councilor Lembouse/Jackson mls to approve Ordinance #3038.
DISCUSSION: Councilor Lemhouse thought the noise ordinance was straightforward He did not think the
City should base their decision on case law out of Virginia or the definition of terms in Wikipedia. The
reasonable person standard was pervasive through out the law and using the decibel reader would still require a
judgment on what was reasonable.
Councilor VoisinlNavickas mls to amend language in Section I. 9.08,170 Unnecessary Noise D. Noises
Prohibited 4. Non-Emergency Signaling Devices changing from IO seconds to 90 seconds,
DISCUSSION: Councilor Voisin eXplained bells at Southern Oregon UnivelSity (SOU) rang 75 seconds and
a citizen could use the ordinance to prohibit the chimes. Councilor Navickas suggested adding an Exemption
AMILANU un LUUNLIL MCC'llN<.i
November 2, 2010
Page 3 of4
for hourly bell chiming. Councilor Silbiger agreed. Councilor Jackson noted the second sentence of the
statement made the exemption. Councilor Navickas explained the exemption was for amplified sound, not
school bells and therefore not covered
Councilor Voisin withdrew the motion with Councilor Navickas' consent,
Councilor VoisinlNavickas m/s to amend language under F. Exemptions adding I. Bell Tower Chimes',
Roll Call Vote: Councilor Chapman, Voisin, Lemhouse, Jackson, Navickas and Silbiger, YES. Motion
passed
Councilor Chapman/Lemhouse mls to amend to F, Exemptions deleting E. Repairs or excavations of
bridges, streets or highways by or on behalf of the City, the State, or the federal government, between
the hours of 7:00 p.m. and 7:00 a,m" when public welfare and convenience renders it impractical to
perform the work between 7:00 a,m, and 7:00 p.m.
Roll Call Vote: Councilor Chapman, Voisin, Lemhouse,Jackson, Navickas and Silbiger, YES. Motion
passed.
Continued discussion on amended motion:
Councilor Navickas explained the ordinance would address complaints between neighbors and act as a tool for
the Police Department to apply a reasonable person's standard. .
Assistant City Attorney Megan Thornton read the ordinance title and changes deleting Section F. 1,E. and
adding 1. Bell Tower Chimes to Section F. Exemptions aloud.
Roll Call Vote on amended motion: Councilor Chapman, Voisin, Lemhouse, Jackson, Navickas and
Silbiger, YES. Motion passed. '---
2. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public
Contracting and Amending AMC 2.50.080, 2.50.090, 2,50.100, 2,50,120, and 2.50,130"?
Public Works Director Mike Faught read the change to Personal Services Contracts Section 4. 2.50.120
Personal Services Contracts A. second sentence adding: ". "for personal services contracts greater than
$5,000, but less than $75,000" the Public Contracting Officer shall make findings that City personnel are not
available to perform the services, and that the City does not have the persOlmel or resources to perform the
services required under the proposed contract.
Councilor Chapman asked if the definition added preferring local contractors had been effective. Mr. Faught
noted there had not been a significant change adding the preference because the Public Works Department
tended to hire locally often.
Council discussed the pros and cons of how staff could notify Council on Requests for Proposals (RFP) for
Professional Services Contracts. Council suggested staff forward RFPs to them in advance of Council
meetings so Council can add specific RFPs to the agenda for discussion. Another suggestion was adding
ordinance language requesting staff to bring projects to Council at the solicitation stage of an RFP for
Professional Services over $75,000, Master Plans or the sale or lease of property. A third suggestion was have
staff write the policy as an order and add to the City's internal contracting policy. Concern was expressed
codifying the request for RFPs would make it more difficult to change if needed.
Assistant City Attorney Megan Thornton read the ordinance title aloud.
Councilor SilbigerlLemhouse m/s to approve Ordinance #3039,
AiiHLANU CIH CUUNL'lL Mt;LJlNU
November 2, 2010
Page 4 014
Councilor NavickasNoisin mls to amend the motion to add an additional section under 2.50.080 that
requires staff to bring projects to Council at the solicitation stage of an RFP for Professional Services
over $75,000, Master Plans or the sale or lease of property. DISCUSSION: Councilor Navickas thought
it was a reasonable effort to ensure transparency regarding RFPs and gain efficiency. This was a limited list of
large projects with significant costs associated to them. Councilor Jackson had a point of clarification on
Master plans currently in progress. Ms. Bennett clarified that Council saw the RFPs for the Water,
Transportation, Stonn Water and Waste Water Master Plans over the past two years through the Capital
Improvement Plan (CIP) and the Budget process. The amendment would bring them forward a third time to
approve the request. Councilor Lemhouse thought it was better not to codifY and give direction to staff instead.
He was hesitant to step out of the policy-making role and into a management role. Councilor Voisin saw it as
taking responsibility for taxpayers' dollars. Councilor Navickas added it was beneficial having more people in
the review ]I'ocess. Councilor Chapman would not support the amerxlment. He agreed it was important for
Council to review RFP's but wanted a different process. Roll Call Vote: Councilor Navickas and Voisin,
YES; Councilor Silbiger, Chapman, Jackson and Lemhouse, NO. Motion failed.2-4.
Roll Call Vote on amended motion: Councilor Navickas, Silbiger, Voisin, Chapman, Jackson and
Lemhouse, YES. Motion passed.
Councilor SilbigerlLemhouse mls that statTbring back a resolution providing that Council receive RFPs
for Professional Service Contracts over $75,000, purchase or sale of land use and Master Plans
approximately one week in advance of the RFP. Voice Vote: all AYES. Motion passed,
Staff would look into measuring the use of local providers.
3, Will Council approve First Reading of an ordinance titled, "An Ordinance Relating to Public
Rights of Way and Amending AMC )3,02" and move the ordinance on to Second Reading?
Engineering Services Manager Jim Olson eXplained twelve years before the City established an encroaclunent
permit system for citizens to use the public right of way for private use. Criteria for the pennit required the use
to be temporary with the City having the right to reclaim the property at the user's expense and other issues for
liability. The process worked well but staff did not have the codified authority to issue pennits that the
proposed ordinance would provide.
Mr. Olson explained the process for encroaclunents on electrical easements and existing encroachments
lacking pennits. As long as it was physically possible to remove the encroachment and the owner funded the
'removal, a person could get a pennit.
Councilor Voisin/Jackson mls to approve first reading and set the matter for second reading,
Assistant City Attorney Megan Thornton read the ordinance title aloud.
Roll Call Vote: Councilor Lemhouse, Chapman, Navickas, Silbiger, Voisin and Jackson, YES. Motion
passed,
OTHER BUSINESS FROM COUNCIL' MEMBERS/REPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at 8:31 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Tree of the Year 2010
November 16, 2010 Primary Staff Contact:
Community Development E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Michael Pifia
pinam@ashland.or.us
Bill Molnar
10 Minutes
Question:
Does the Council have any questions about the 2010 Tree of the Year?
Staff Recommendation:
Staff recommends the announcement of the 20 I 0 Tree of 1he Year winner at the November 16, 20 I 0
City Council meeting.
Background:
The City of Ashland Tree Commission is pleased to announce the 20] 0 Tree of the Year - a Podless
Catalpa loca1ed a1 200 Shennan Street.
This particular tree is very unique to our region and may be the only one on the West Coast. Its
gorgeous canopy has graced the front yard of this residence for many years. A Catalpa is a deciduous
flowering tree thaI typically grows 40-60 ft tall and anywhere trom 10-35 ft wide. They can be
recognized by their large heart-shaped to 1hree-lobed leaves, while or yellow flowers, and usually by
their long bean-pod-shaped fruits in the late summer, containing numerous small flat seeds. However,
this particular species is a pod less variety that does not produce the typical bean pods like most other
catalpas.
Due 10 their large leaf size, Catalpas provide very dark shade and are a popular habitat for many birds,
providing them good shelter trom rain and wind. Although these trees have soft wood, they rarely drop
limbs as they age, but do drop large, dark brown bean pods during the autumn months.
This year's winner is a wonderful example of how a homeowner's care ofa beautiful tree species can
capture many of Ashland residents' hearts. This year's winner won with contest with 61 votes, more
than three-quarters of all votes received. Although not as grandeur as the large conifers that typically
gather the most votes, this Catalpa's unique and exceptional beauty has captured the attention of many,
and the tree is well deserving of the honor of being chosen the 2010 Tree of the Year.
The Ashland Tree Commission would like to thank Ashland residents who took the time to submit
nominations and 10 vole for Tree of the Year. This year marks Ashland's twenty-third Tree of 1he Year
contest. Throughout the year a nomination fonn is available on the City of Ashland web site and in
July, the call for nominations was distributed in the City Source newsletter. Residents originally
identified 7 trees for consideration, plus one resident suggested that we nomina1e all the trees in the
Mountain Meadows subdivision. After careful deliberation, the Ashland Tree Commission narrowed
the field down to five final nominees. Ballots were being accepted trom early October to the First of
November, and were published in the Sneak Preview, posted on the City's web site, and available at
,
Page (of2
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CITY OF
ASHLAND
City Hall and the Community Development and Engineering Building. A total of 83 votes were
submitted this year, with the Weeping Brewer's Spruce coming in at distant second with 9 votes.
While there is only one winner of the award, there were many beautiful and wonderful trees
nominated. And though they were not all big and beautiful, each tree is special in some way to
someone in the community.
Beginning in 2003, the Tree Commission shifted the Tree of the Year contest to the fall rather than in
the spring. The purpose was twofold. First, the Tree Commission wan1ed 10 recognize trees in fall
splendor. The second objective was 10 space publicity efforts throughout the year so that Tree of the
Year is the focus of the fall and Arbor Week is the focus of the spring. The Tree Commission will
dedicate a plaque at the site honoring the tree next spring during annual Arbor week events.
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter VII Parks, Open Space and Aesthetics, Ashland Comprehensive Plan
Chapter 2.25 Tree Commission, AMC
Council Options:
None, this is an informational report only.
Potential Motions:
None, this is an informa1ional report only.
Attachments:
2010 Tree of the Year Ballot
Page20f2
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Ballot for the
City of Ashland's
2010 TREE OF THE YEAR
This marks the 23" Tree of the Year contest. In selecting Ashland's Tree of the Year, we have the opportunity to
recognize on many of our community's beautiful and magnificent trees that enhance our daily lives.
. ,
The Nominees for the 2010 Tree of the Year are:
Weeping Brewer's Spruce (Picea breweriana). 64 Nutley Street
A species native to southwest Oregon and Northem Califomia, this spruce grows between 100 and 150 feel
tall al moderately high altitudes. The bark on this unique tree is thin and usually has a purplish-gray eclor,
while the crown and foliage has a distinct 'curtain' look after maturity. Brewer's Spruce typically grows very
slowly, less than a foot a year.
Canyon Live Oak (Quercus chrysolepis). 379 Taylor Street
A species of evergreen oak that is typically found in the southwest United States, notably in the
Califomia Coast Range, this oak likes to be near streams and creeks in moist, cool dimates. Leaves are a
dark, glossy green with predominant spines. Fossil data supports that this tree had a much wider
distribution in the western US nearly 12,000 years ago, Native Americans used its acoms as a food staple
. and the roasted seed can be used as a ecffee substitute.
Ponderosa Pine (Pinus ponderosa). 558 Holly Street
The most important pine in western Northern America. Thrives under widely different conditions and in many
kinds of soils with low elevations to considerable altitude, on light and moist soils, on dry, arid land, on dried-
up river beds and lakes where there is deep and rich soil, and on almost bare rocks. The most abundant
growth takes place on light, deep, moist, well-drained soils.
Cork Oak (Quercus suber) . 292 Gresham Street
30-60 ft. high and wide. Trunk and main limbs are ecvered with handsome, thick, corky bark (the ecrk of
commerce). Toothed, 3 in, oval leaves are shiny dark green above, gray beneath. Egg-shaped acorns with a
shOlt point are 3/4-112 in long, covered by one-third to one-half in bow~shaped cap.
Podless Catalpa (Catalpa x erubescens). 200 Sherman Street
This tree is a cross between Catalpa bigonioides and Catalpa ovata. There are several named clones
around the world. This one may be 'Victoria '. a double flowered, sterile form, produces no fruit. Zone 5-8.
The broad-ovate leaves are generally smaller than C~talpa speciosa, and may be slightly 3-lobed.
ALL BALLOTS MUST BE RECEIVED BY MONDAY, NOVEMBER 1ST
Mail or deliver to: Mike Piria, City of Ashland, 20 East Main Street, Ashland, OR 97520
SUPPORT THE TREES! VOTE TODAYl
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
ASHLAND TRANSPORTATION COMMISSION
JOINT STUDY SESSION
MINUTES
August 24, 2010
CALL TO ORDER
Planning Commission Chair Pam Marsh called the meeting to order at 7:05 p.m. in The Grove, 1195 East Main Street.
Planning Commissioners Present
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Transportation Commissioners Present:
Thomas Bumham
Steve Ryan
Julia Sommer
David Young
David Chapman, Council Liaison
Absent Members:
Eric Heesacker
Colin Swales
Brent Thompson
Matt Warshawsky
Staff Present:
Bill Molnar, Community Development Director
Michael Faugh1, Public Works Director
Maria Harris, Planning Manager
Jim Olson, City Engineer
April Lucas, Administrative Supervisor
INTRODUCTIONS
The group introduced themselves to each other and shared their interests with transportation planning. Public Works Director
Mike Faught and Mayor Stromberg offered their opening remarks, and Community Development Director Bill Molnar, Planning
Manager Maria Harris, and City Engineer Jim Olson were introduced.
PROJECT OVERVIEW
Susan Wright with Kittleson & Associates introduced herself and the members of her team: Tom Utster, Marc Butorac, and
Erin Ferguson. John McDonald with Oregon Department of Transportation (ODOT) was also introduced. Mr. McDonald
explained he is the TGM Program Administrator and is responsible for releasing the grant funds and will also be participating
in the process as a member of the Technical Advisory Committee. He stated he will be representing ODOT's interests in this
project and assured the group ODOT will remain open and respectful during this process.
Ms. Wright reviewed the project's background and scope. She noted the last full update of the City's Transportation System"
Plan (TSP) was completed in 1998, and the purpose of the current update is to develop a plan that: 1) helps the City move
towards being a less auto-dependent community, 2) integrates future land use and multimodaltransportation system
elements, and 3) enhances the City's livability, small-town character and natural environment.
Marc Butorac addressed the group and shared his excitement to work with Ashland on this project. He stated the City of
Ashland sets the bar high and cautioned them that taking a progressive approach will be difficult and involve some courage by
the city's elected officials. Mr. Butorac noted they bring with them a large toolbox to assist the City through this process, but
some of the stumbling blocks they may encounter include: 1) addressing myths and stereotypes, 2) finding creative funding
opportunities, and 3) possessing the political will.
Planning Commission & Transportalion Commission
Joint Study Session
August 24. 2010
Page 1 of 3
Ms. Wright reviewed the eleven tasks outlined in the project scope and highlighted Task 6 which is the development of the
pedestrian node concept. She reviewed the project's timeline and stated in order to maintain momentum they would prefer to
adhere to the 18-month schedule. Ms. Wright commented on the public process and reviewed 1he draft agendas for the
scheduled open houses. She added the joint commission meetings will also be advertised and the public is welcome to come
and provide input throughout the process. Ms. Wright reviewed the website that has been created for this project
(www.ashlandtsD.com) and noted citizens are able to leave comments and subscribe for updates.
Ms. Wright shared her expectations for the two commissions and asked that they attend all the scheduled meetings and
workshops. She also recommended they share their comments and feedback with their commission chairs and stated their
input will be forwarded to the consultant team. Commissioner Marsh stated she would like the commissions to take ownership
of this project and stressed that the commissioners should be prepared and attend all scheduled meetings. She added it is
important for them to be active and held responsible for what comes out of this process.
Commissioner Sommer asked for clarification on how the open houses would be advertised and how the consultants would
handle the website comments. Ms. Wright stated the open houses will be noticed on the City's website, as well as published in
the Daily Tidings and in CitySource newsletter; and welcomed their suggestions for additional advertising opportunities. In
regards to the comments submitted through the project website, Ms. Wright clarified they will regularly provide these to the
commissions and suggested this be added as a standard agenda item.
Commissioner Dotterrer noted some citizens do not like attending open houses and asked if there is another avenue to solicit
public feedback. Ms. Wright suggested the project website be used to replicate the open house activities and capture this
additional feedback. Commissioner Rinaldi suggested they call the open house something different, perhaps "Community
Design Workshop'; and Commissioner Miller recommended incorporating television and radio to help spread the word and
build public interest.
Commissioner Mindlin asked how conflicting opinions would be incorporated into the plan. Commissioner Marsh clarified any
conflicts that arise will need to be resolved during the public meeting process. Ms. Wright stated her hope is that consensus
will be reached before direction is given to the consultant team and if there is no majority on a particular item it should be
addressed again a subsequent meeting. Commissioner Dotterrer commented that they will need to be careful about reaching
consensus and stated sometimes when people don't comment it does not mean they are in agreement.
DRAFT TECHNICAL MEMORANDUM #1
Tom Utster addressed the group and provided a brief overview of Technical Memorandum #1. He explained the intent of the
review was to provide a baseline of applicable plans, policies, and regulations for establishing goals, objectives and evaluation
criteria for alternatives. Mr. Utster briefly reviewed the documents that were analyzed and clarified 1hey looked at
transportation elements, land use elements, community visions and design standards. He asked the group if there are any
other documents they should incorporate. Commissioner Rinaldi noted the current EOA update and recommended they look
at those documents and the draft vision statement that has been created. Councilor Chapman recommended they also look at
the Master Trail Plan and suggested they include skateboarders in this planning effort. Commissioner Ryan asked for the
consultant's guidance on incorporating flexibility into the plan and their input on upcoming technological or regulatory changes.
Commissioner Mindlin expressed concern that the public won't be familiar with these plans and recommended they make an
effort to educate the public as they move forward with this project. Councilor Chapman clarified Phase II of the City's
Downtown Plan was never formally adopted and noted there were issues with that plan that were never resolved.
DRAFT TECHNICAL MEMORANDUM #2
Ms. Wright briefly reviewed the draft goals, objectives and evaluation criteria from Technical Memorandum #2. The goals
outlined in the memorandum are as follows: 1) create a "green' template for other communities in the state and nation to
follow, 2) make safety a priority for all modes of travel, 3) maintain small-town character, support economic prosperity and
accommodate future growth, and 4) create sys1em-wide balance for serving and facilitating pedestrian, bicycle, rail, air, transit
and vehicular traffic in terms of mobility and access within and through Ashland.
Planning Commission & Transportation Commission
Joint Study Session
Augus/24. 2010
Page 2013
Commissioner Dolterrer asked for additional information about "facilitate sustainable growth" which is listed as an objective of
Goal #3. Mr. Utster agreed that sustainable growth is a term that gets tossed around a lot and challenged them put a box
around this and identify what this means for Ashland. .
PUBLIC FORUM
Arlene Rogers/Recommended the meeting materials be made available to the public in advance of the meetings and
received clarification that the public will be allowed to give input at the joint meetings.
Roy Sutton/Stated he lives in Mountain Meadows and noted the challenges of public transportation from the retirement
developments in Ashland.
Earl/Questioned how the community's comments will become part of the public record and recommended they be included
with the meeting minutes and adopted at each meeting.
FINAL COMMENTS/QUESTIONS
Mr. Faught clarified all comments from the commissioners should be sent to either Jim Olson (Public Works) or Maria Harris
(Community Development).
ADJOURNMENT
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
April Lucas, Administrafive Supetvisor
Planning Commission & Transportation Commission
Jomt Study Session
August 24. 2010
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Fiscal Year 2010-11 First Quarter Financial Report: July - September 2010
Meeting Date: November] 6, 201 0 Primary Staff Con1act: Lee Tuneberg
Department: Administrative Services E-Mail: 1uneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estimated Time: Consent
Question:
Should Council accept the quarterly report as presented?
Staff Recommendation:
Staff recommends Council accept the quarterly report as presented
Background:
The Administrative Services Department reports to Council on a quarterly basis about budget
compliance and for comparative purposes throughout the year. Information can be provided in
differing formats and timetables at Council's request. .
Financial numbers for the first three months are always difficult to present and subject to change.
With only three months to report on, it is difficult to evaluate the City's current financial posi1ion as
compared to the adopted annual budget or to project our position at year. The City pays many
annualized amounts, and several departments have seasonal activities like construction, peak visitor
demand, or u1ility consumption. Staff cannot adjust these reports for all such deviations.
The reports are intended to present information in formats consistent with the department, fund and
business activity presentations included in the adopted FY 2010-11 budge1 document and 1he manner
in which it will be shown in the end of year report.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in
the Administrative Service Department office should you require any additional information.
Overview
The Ci1y experienced declining balances in cash for various reasons during the last decade,
endangering its financial position since the total unrestricted amount was often below established
target minimums during each year. Last year we were successful at generating sufficient revenues and
holding down expenditures to reverse the trend of cash reduc1ions and to hold balances steady. ]n FY
2009-] 0 mos1 target cash balances were improved. The 101al balance at Sep1ember 30 is $20,484,422.
This is $3.3 million more 1han this lime last year but over half of it ($] 0 million) is restricted in use.
Total Ending Fund Balance at the end of this quarter is also $20.4 million, abou1 $3 million more than
the prior year and the amoun1 budgeted for the end of this fiscal year. As with the increased cash
balances, the improved EFB reflects managemenl's effort to generate sufficient revenue for operations
while holding costs down. The balance will surely change and probably reduce by June 30, 20] I.
Page] of7
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CITY OF
ASHLAND
Related City Policies:
City of Ashland Financial Managemen1 Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
This report is on the Consent Agenda and can be approved with other items. Ifremoved from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to accept the financial report as presen1ed.
B. Council moves to accept the report as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for 1he period ended September 30,2009. This report
includes:
I. Financial Narrative (pages iii-vii)
2. Summary of Cash and Investments as of September 30 for the last two years (page I)
3. Sta1ement of Revenues and Expenditures - City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #20 10-16, amended (pages 4-7)
6. Schedule of Expenditures by Fund (page 8)
The numbers presented are unaudited and unadjusted.
Page 2 of?
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CITY OF
ASHLAND
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's
cash position across funds and investment types. The city-wide cash balance has increased
$3,259,292 between fiscal years at the end of September to $20,484,422. This increase
represents a positive result from efforts toward fiscal stabilization. However, cash balances
tend 10 drop in Ihe first quarter when operations funded by property taxes continue, in
advance of tax proceeds to be received in November.
Please note that most of general and internal service type funds recorded increases with the
larger amounts in the General, Street, Capital Improvements, Equipment and Parks &
Recreation funds. These funds receive significant revenues from taxes and set internal
charges from other funds. The Electric Fund was the only enterprise to increase cash
($980,685) with the others posting significant decreases over the last twelve months. More
specific comments can be found later in this report.
The distribution of cash and investment balances shows an increase in the amounl held in
the Local Governmenllnvestment Pool of $5.77 million and a $2.4 million decrease in other
City Investments. Cash held on hand in General banking accounts reduced slightly but
remained in the $900,000 range.
The Statement of Revenues and Expenditures - City Wide is similar to presentations
presenled in the annual financial report. It is intended to provide the reader an overall sense
of the City's financial position at the present time. Unappropriated Ending Fund Balance
(EFB) is $20.4 million. This is significantly (17%) more than what has been budgeted for the
end of this fiscal year and 15% above the amount held last year at this time. EFB budgeted
is predicated upon certain levels of revenue yet to be received (like property taxes and utility
rate increases) and proceeds from financing such as bond proceeds. Total revenues are
2.6% more than those for the first quarter in the prior year. The other side of the equation is
budgeted expenditures which, if less than adopted, will raise the ending balance. Total
requirements are 0.4% less than those for the first quarter in the prior year. Both contribute
to the increased EFB.
Revenues and Budoetarv Resources al Seplember 30,2010, lolal $12,879,874 as compared
to total year-to-date requirements of $14,767,964 which results in a $1.9 million decrease to
Unappropriated Ending Fund Balance. This reduction direclly relates to the timing of receipts
and expenses. It is still early in the year and there will be changes in revenues and expenses
that will alter this comparison and bring these numbers closer to budget.
Total Revenues on a city-wide basis are $327,618 above the prior year's first quarter.
General tax receipts, Fines & Forfeitures and Miscellaneous revenues are down with all other
areas increasing between years. Timing of receipts is a primary cause since there were rate
adjustments in most areas.
Page 3 of?
....
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CITY OF
ASHLAND
None of the budgeted $4,047,696 in external financing has been done and only 11.2% of the
routine internal transfers were completed in the first quarter. The $208,000 in Interfund
Loans budgeted is the first installment of the Parks paying on lovyer Clay Street property.
Payment by Parks will trigger the internal payment from the CIP to the Equipment Fund. No
payment has occurred to date.
Total Requirements are at 20.4% of the annual budget for this "first quarter" of the year with
most categories under the 25% mark. Materials and Services are at 25.4% of budget
reflecting annual expenditures like insurance premiums being paid in the first quarter,
elevating the percentage rate as compared to budget. Total Operating Expenditures are at
24.3% for the same reasons with people costs and debt service expenditures under 25%.
Many positions around the City remain vacant and less in principle and interest is budgeted
for this year. Capital Outlay is 84% higher than last year's low actual spent (and budgeted
amount) but it is only 4% spent of this year's total budget indicating many project costs are
expected later in the year.
Budqetarv Requirements activity includes $81,220 Transfer Out related to debt service
requirements mentioned above. Contingency is unchanged at this point, remaining at the
budgeted $1,813,041 but there will be adjustments in the second quarter of the year.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. It is too early in the year to make predictions since many funds include financing or
seasonal revenue streams that have not occurred as of the date of this report. More telling
information is found later in this report in the individual fund narratives.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget
basis by fund consistent with the resolution adopting appropriation levels in the budget
compliance section of the document. Unless indicated otherwise, all appropriations are as
adopted. One revision has been done. A supplemenlal budget in the General Fund, Police
Department increased appropriations by $78,000 for expenditures consistent with asset
forfeitures. It also added $2,820 in the Central Service Fund, Administration, Human
Resources to recognize the wellness grant.
An overview by funa is as follows:
General Fund - Total revenues are 15.6% and expenditures are 24.6% with no Contingency
used. Licenses & Permits, Charges for Services, Fines, Interest Earned and Miscellaneous
are all above 25% of budget but total revenue is flat at less than 0.5% ahead of last year at
this time. Like last year, Tax collections are 13.1 % of budget but only $35,000 ahead of the
prior year actual amount reflecting consistency in user taxes and franchise payments.
Intergovernmental and Transfers In revenues are less than the prior year but consistent with
recent trends. They will improve in the following quarters. Expendilures are very consistent
with those reported last year with slight increases due to some contractual commitments and
personnel costs such as overtime for emergencies.
Page 4 of7
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CITY OF
ASHLAND
CDBG Fund - Expenditures have primarily been for staff work and program expenses
. totaling $18,063 decreasing EFB by $3,133 since only $14,930 in revenue has been received
to date.
Reserve Fund - No Expenditures are budgeted. $414 in Interest has been received 10 date,
earned on the $148,072 Carry Forward. No other revenue has been budgeted for the year.
Street Fund - A positive cash flow year-to"date has been recorded with $746,249 in charges,
interest and intergovernmental revenue and $743,302 in operational expenses. First quarter
revenue exceeds expenditures by $2,947, down $95,500 from the amount reported for the
first quarter last year. EFB carry forward was 1.2% ($32,848) less than budgeted. There has
been little aclivity in projects, related costs and resources.
Airport Fund - A negative cash flow of $1,956 been recorded due to debt service and
operating costs exceeding the first quarter lease payments. Fund balance carry forward was
$32,160 compared to a budget amount of $12,766. EFB exceeds the new minimum target of
10% of revenue so the fund should be able to meet all of its existing obligations this year.
Capital Improvements Fund - Charges for service are similar to the prior year first quarter
with $343,307 in total revenue. Revenue from Internal service charges is 25% of budget but
Miscellaneous charges for service are down from the prior year. Other material revenue
streams are down compared to budget except SDCs and Interest. Total Expenditures are
only 5.1 % for the first quarter resulIing in a $135,422 increase to Ihe EFB, raising it to $2.27
million. A $208,000 interfund loan repayment from Parks resources (SDCs, F&B tax
proceeds or borrowing) managed in this fund to the Equipment Fund for Clay Street is
budgeted but unpaid at this time.
Debt Service Fund - Charges for service, Taxes, Transfers and Interest total $934,497
(including 94% of Telecommunications Fund's $700,000) with Debt service payments (39.5%
of budget) totaling $1,069,171 for a decrease in EFB of $134,674 year to date. The Ending
Fund Balance carry forward from 2010 was 2.5% above budget but it cannot absorb such
shortfalls. A solulion for the AFN debt service and the annual shortfall of approximately
$400,000 is needed by FY 2011-12.
Water Fund - Revenue year to date exceeds expenses by $725,000. This amount is about
$340,000 better than this time last year. But, approximately $400,000 of it relates to debt
service paid October 1 so the two years are comparable. Water sales are down $70,000
from FY 2010 and that is thought to be from the cooler, wetter weather and customer reaclion
to the irrigation rate increase. Reduced sales throughout the year will cause problems for this
fund to maintain reserves, pay bills and meel covenants unless expenditures are reduced
accordingly. Expenditures, when adjusted for the debt service, result in an EFB over
$500,000 less than this time last year. The EFB contains reserves for SDCs that reduce
unrestricted reserves below targellevels. Unrestricted will reduce even more during winter
months. This fund will rely heavily on an adjustmenl in Ihe spring to meet operational needs
and to fund any CIP or new debt service to maintain the infrastruclure.
Page 5 of7
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CITY OF
ASHLAND
Wastewater Fund - Revenues are $83,616 ahead of expenses year to date providing a
positive impact to this year's EFB. EFB carry forward from 2010 was $169,525 more than
budgeted because expenditures for projects remained low at the end of that year and a little
more in F&B taxes were accrued. Otherwise, revenue and expenses between the two years
are consistent. A supplemental budget may be needed to record all transactions relating to
the DEQ loan refinanced in October. Reduced debt service and increased tax proceeds will
help the unrestricted portion of the EFB but the fund still maintains almost $2 million in SDC
balance. Like the Water Fund, this fund's budget was predicated on a rate increase in the
spring. That review will need to address the larger restricted EFB, the amount of unrestricted
needed for operations including paying debt service and what CIP must be paid for, and how,
going forward.
Electric Fund - Tolal revenues are slightly above expenses in the first three months resulting
in a $64,925 increase in fund balance. Sales for this year were 1.6% greater than lasl fiscal
year's first quarter despite a 3% rate increase last November. In September Council chose to
do no rate adjustment this year due 10 the economy and the fact the fund carried forward a
large EFB. This will make it difficult to maintain the $2,054,733 carry forward through June,
2011.
Telecommunications Fund - Revenue is consistent with the prior year and only slightly off
24% when adjusted for billings that were not accrued into this report. Expenditures are also
similar to the prior year except the additional amount transferred for debt service in Ihe Debt
Service Fund as budgeted. Fund balance is now $298,103 or 5.8% above the budgeted
amount and should end the fiscal year above the minimum target.
Central Services Fund - Revenues total 24.4% of budget and are $77,080 above
Expenditures for a positive cash flow and an EFB of $343,900. All departmental
expenditures are below 23% or 24% and none of Ihe $175,500 Contingency has been used.
Insurance Services Fund - Expenses are $100,000 less than the prior year at this time. They
total $256,463 or 28.2% of budget including annual premiums being paid. In comparison,
only $178,049 (26.7%) in revenue (primarily internal charges) has been collected. None of
the $150,000 Contingency has been used and the EFB carry forward from 2010 was right on
target at $640,110.. .but still too low for operational and contingent purposes. Due to recent
legislative changes the City must watch this fund and build reserves whenever possible.
Equipment Fund - Internal Revenues are 21.1 % of the budget and Expenditures are at 9.6%
resulting in a $203,066 increase to fund balance at this time. The majority of the budgeted
acquisitions ($1,374,500) is slated for later in the year and will contribute to a $400,000
reduction in reserves. The EFB carry forward was $300,000 more Ihan projected due to some
purchases not being made and no use of Contingency. This fund will probably end the year
with an adequate EFB above $1.5 million.
Cemetery Trust Fund - Charges for Service are 43.5% of budget. Interest earnings are at
12.3%. Interest earnings are transferred to the General Fund periodically Ihrough the year.
The EFB is $816,490 at September 30 and is 100% restricted.
Page 6 of7
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.... '11
CITY OF
ASHLAND
Parks and Recreation Fund - Expenditures are ahead of Revenues by $852,324 awaiting
property taxes to be collected in November. Divisional expenses average 23.5% of the
budget with revenues at 6.3% leaving $935,457 as fund balance (66.4% of budget). This is
better than the prior years but is consistent with the targets established.
Ashland Youth Activities Levv Fund - The levy has ended and delinquent tax receipts are
periodically paid to the school district.
Parks Capital Improvements Fund - Only $775 has been recognized as revenue and no
expenditures have been made. The $252,864 carried forward was 9% above budget and the.
fund should readily meet Ihe projected for FY 2011.
Unaudited, detailed balance sheets, revenues and expendilure reports and fund statements
are available for your review in the Administrative Services Department office should you
require any additional information.
Page 7 of7
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City of Ashland
Summary of Cash and Investments
September 30,2010
Balance Balance Change From
Fund September 30, 2010 September 30, 2009 FY 2010
General Fund $ 1.480.247 $ 1,122.521 $ 357,726
Community Block Grant Fund 28.335 18.438 9.897
Reserve Fund 148.665 52.204 96.461
SlreelFund 2.839.260 2.476.915 362,345
Airport Fund 31,984 1,300 30,684
Capnallmprovements Fund 2.289.842 1.496.363 793.479
Debt Service Fund 623.399 646,799 (23.400)
Water Fund 1,613.268 2.171,044 (557.776)
Wastewater Fund 3,391.589 3,6n,699 (286,110)
Electric Fund 2,091,021 1,110.336 980.685
Telecommunications Fund 243.368 534.999 (291,511)
Cenlral Services Fund 586.592 406,149 180,443
Insurance Services Fund 848,424 796.030 52,394
Equipment Fund 1.989.145 1.041.378 947.767
Cemetery Trust Fund 814.240 794,016 20,224
$ 19.019.401 $ 16.346.093 $ 2.673,306
Parks & Recreation Agency Fund 1.465.021 879.037 585.984
1.465.021 879,037 585.984
Tolal Cash DIstribution S 20,484,422 $ 17,225,130 $ 3.259.292
, Manner 01 Investment
General Banking Accounts 932.850 994.239 (61,389)
local Govemmenllnv. Pool 12,538.704 6.773.500 5.765,204
City Investmenls 7.012,867 9.457.390 12.444,523)
Total Cash and Investments S 20.484,422 S 17.225.130 S 3.259.292
Dollar Distribution Cash Balance Distribution
Claims'
,..... Jl)'jgrrenlS, TlUS.l $816.~89.
"""'.- ........,.,- $4OO,OOJ,2% r 4'4
tlWlf~aIld '" HOIN:l'(GeI\el'.
~rlllllb --...
,'" .." ~.~. -
57.006,593. 34%- . --59.910,886.'
--,/ ~
BlISirle$sln- $1.503.015.7% OIhor~. AssetFortoitod
,- S657,927,j% $129.510,1%
""
1
City of Ashland
Statement of Revenues and Expenditures - City Wide
For the third month ended September 30, 2010
Fiscal Year 2011 Percent Fiscal Vear 2010
Year.To-Date Fiscal Year 2011 Colleclodl Year-To-Dato
Resource Summary Actuals Amended Expended Balanco Actuals
Revenues
T....es S 1.694,730 S 18.463.680 9.2% $ (t6,768.950) $ t.723.974
Licenses and Permits 134.915 388,325 34.7% (253,410) 129,824
Intergovernmental Revenues 459.698 6.654,414 6.9% (6,194,716) 367.616
Che19es for Services - Rale & Intemal 10,013,420 36.999,400 27.1% (26.985.980) 9,694.498
Charges for Services - Misc. $eIVice fees 147,841 516,396 28.6% (388.555) 216,443
System Ocvelopmcnl Cha19es 123,374 158,576 77.8% (35.202) 54.550
Fines and Forfeitures 46.696 165,200 28.3% (t18.504) 51.659
Assessment Payments 10,610 7.495 141.6% 3,115 2,017
Interest on Investments' 65.400 175.296 37.3% (109,896) 35.28t
Miscellaneous Revenues 101,970 411.589 24.8% (309.619) 195,174
Total Revenues 12,798.654 63,940,371 20.0% (51,141,717) 12,471,036
Budgetary Resources:
Olher Financing Sources 4.047,696 0.0% (4,047,696)
Interfund loans 208,000 0.0% (208,000) 8t.600
Transfers In 81.220 726.503 11.2% (645.283) 132.083
Total Budgetlll)' Resources 81,220 4.982.199 1.6% (4,900.9791 2t3.683
Total Resources 12,879,874 68,922,570 18.7% (56.042,696) 12,684,719
Roqulrements by Classification
Personal Services 5.636,746 23.379.535 24.1% 17.742,789 5.482.819
Malenals and Sl!IVices 7,527,684 29,608,099 25.4% 22.080.215 7,409,947
OcbtSeMce 1,088,439 5.757.588 18.9'1\ 4,669.149 1,484.685
Total Operating Expenditures 14,253,069 58,745,222 24.3% 44,492,153 14,377,451
Capital Construdion
Capital Outlay 433.673 10,748.082 4.0% to.314,409 235.658
Inlertund Loans 208.000 0.0% 208.000 81,600
Transfers Oul 81.220 726,503 11.2% 645,283 132,083
Contingendes 1.813.041 0.0% 1,813,041
Total6udgetary Requlremen~ 81.220 2,747.544 3.0% 2.666,324 213,683
Total Requiremonts 14,767,964 72,240,848 20.4% 57,472,886 14,828,795
Excess (Oeficicncy) of Resourres over
Requirements (1,888,090) (3.318.278) 43.1% 1,430,188 (2.142.076)
Woridrg Capital Carryover 22.307,27t 20.734.348 107.6% 1.572.923 19,935,262
Unappropriated Ending Fund Balance $ 20,419,181 $ 17,416,070 117.2% $ 3,003,111 $ 17,793,186
2
City of Ashland
Schedule of Revenues By Fund
For the third month ended September 30, 2010
Fiscal Year 2011 Fiscal Year 2010
Year.To.Date Fiscal Year Percent to Year,To-Date
Revenues by Fund Actuals 2011 Amended Budget Balance Actuals
City
General Fund $ 2.289,507 S 14,646,058 15.6% S (12,356.551) $ 2,279,447
Communily Block Granl Fund 14,930 413.116 3.6% (398,186)
Reserve Fund 414 1,000 41.4% (586) 52.204
Slreet Fund 746,249 6,340,723 11.8% (5,594,474) 747,714
Airport Fund 27.575 105.325 26.2% (77,750) 24.977
Capital Improvements Fund 343,307 3,332,200 10.3% (2,988,893) 341,896
Debl Service Fund 934,497 2,754,943 33.9% (1,820,446) 635,440
Waler Fund 1,816.437 7.818,354 23.2% (6,001,917) 1.872.522
Wastewater Fund 998.560 5,420,831 18.4% (4.422.271) 942,785
Electric Fund 2,929.430 12,608,700 23.2% (9,679,270) 3.033,564
Telecommunications Fund 405,356 1,886,900 21.5% (1,481,544) 445,269
Central Services Fund 1,430,339 5,851,520 24.4% (4,421,181) 1,425.040
Insurance Services Fund 178,049 668,000 26.7% (489.951) 171,528
Equipment Fund 434.280 2.047,200 21.2% (1,612,920) 361,249
Cemetery Trust Fund 11,148 40,500 27.5% (29,352) 5,109
Total City Components 12,560,078 63,935,370 19.6% (51,375,292) 12,338,744
Parks and Recreation Component
Pa",s and Recreation Fund 312,897 4,927,700 6.3% (4.614.803) 331,022
Ashiand Youth Aclivities Levy Fund 6.124 25,000 24.5% (18.876) 11.247
Pa",s Capitallmprovemenl Fund 775 34.500 2.2% (33,726) 3,707
Total Parks Components 319,796 4,987,200 6.4% (4,667,404) 345,975
Total City 12,879,874 68,922,570 18.7% (56,042,696) 12,684,719
Working Capital Carryover 22.307,271 20,734.348 107.6% 1.572,923 19.935.262
Total Budget S 35,187,145 S 89,656,918 39.2% $ (54,469,773) S 32,619,981
3
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26
For the third month ended September 30, 2010
Fiscal Year 2011
Y ear- To-Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
General Fund
Administration $ 48,601 $ 191,284 25.4% $ 142,683
Administration - Ubrary 88,783 365,740 24.3% 276.957
Adminisuation - Municipal Court 106,SOl 421,986 25.2% 315,485
Administrative Services. Social SeNices Grants 115,684 120.342 96.1% 4,678
Administrative Services - Economic & Cultural Grants 262,080 591,240 44.3% 329,160
Administrative Services - Miscellaneous 11,701 45,000 26.0% 33,299
Administrative Services - Band 32,955 57,619 57.2% 24,684
Potice Department 1,312,708 5,570,235 23.6% 4,257,527
Rre and Rescue Departmenl 1,285,735 5,256,147 24.5% 3,970,412
Public Works. Cemetery Division 82,285 312,525 26.3% 230,240
Community Development. Planning Division 275,271 1,186,027 23.2% 910,756
COrMlunity Development ~ Building Oiviskm 137,483 849,046 21.2% 511.563
Transfers 500 0.0% SOO
Contingency 506,541 0.0% 506,541
Total General Fund 3,759,767 15.274,232 24.6% 11,514,465
Community Development Block Grant Fund
Personal SeNices 88 41.556 0.2% 41,468
Matenals and SeNices 17,975 371,560 4.8% 353,585
Total Community Development Grant Fund 18,063 413,116 4.4% 395,053
Street Fund
Public Works - SUeet Operations 535,368 4,626,259 11.6% 4,090,891
Public Works. Storm Waler Operations 131,163 655,528 20.0% 524,365
Public Works. Transportation SDC's 14.389 521,810 2.8% 507,421
Public Works - Storm Water SDC's 95.555 0.0% 95.555
Public Works. Local Improvement Districts 62,382 533,938 11.7% 471.556
Transfers 74,000 0.0% 74,000
Contingency 93.000 0.0% 93,000
Total Street Fund 743,302 6.994.090 10.6% 6,250,788
Airport Fund
Malenals and SeNices 10,263 58,750 17.5% 48,487
DeblService 19,268 43,537 44.3% 24.269
Contingency 5,000 0.0% 5,000
Total Airport Fund 29,531 107,287 27.5% 77,756
4
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26
For the third month ended September 30, 2010
Fiscal Vear 2011
Year.To-Oate Fiscal Vear 2011 Percent
Actuals Amended Used Balance
Capital Improvements Fund
Public Wo"'s - Faciiities 129,121 2,802,752 4.6% 2.673,631
Administrative Services - Pa"'s Open Space 400.000 0.0% 400,000
Transfers 78,764 632,003 12.5% 553,239
Other Financing Uses (IntenuRd Loan) 208.000 0.0% 208,000
C<lntingency 50.000 0.0% 50,000
Total Capital Improvements Fund 207,885 4.092,755 5.1% 3.884,870
Debt Service Fund
Debt Service 1.069,171 2,707,798 39.5% 1.638.627
Total Debt Service Fund 1,069,171 2,707,798 39.5% 1,638.627
Water Fund
Electric. C<lnselvation 42.296 173,565 24.4% 131,269
Public Wo"'s - Forest Lands Management Division 54,668 390.178 14.0% 335,510
Public Wo"'s - Water Supply 60,290 826.056 7.3% 765,766
Public Wo"'s - Water T "'almenl 253,537 1 ,073,597 23.6% 820,060
Public Worles - Water Division 637.303 2.439.533 26.1% 1,802,230
Public Worles - Reimbursement SOC's 177 231.000 0.1% 230,823
Public Wo"'s -Improvement SOC's 43.342 227,500 19.1% 184.158
Public Worles - Debt SDC's 124,995 0.0% 124,995
Contingency 150.000 0.0% 150.000
Total Water Fund 1,091.614 6,272,291 17.4% 5,180,677
WasteWater Fund
Public Worles - Wastewater Collection 370,275 1,847,808 20.0% 1,477,533
Public Works - Wastewater Treabnent 513.656 2.018.245 25.5% 1,504,589
Public Works. Reimbursements SDCs 105 21,250 0.5% 21.145
Public Worles . Improvements SDC's 30,908 553,500 5.6% 522.592
Debt Service 1,826,554 0.0% 1,826.554
Contingency 151,000 0.0% 151,000
Total Wastewater Fund 914.943 6,418,357 14.3% 5.503,414
Electric Fund
Electric - Conservation Division 149.378 504.421 29.6% 355,043
Electric. Supply 1.247.215 5,585,204 22.3% 4,337,989
Electric - Distribution 1,244,572 5,608,981 22.2% 4.364,409
Electric - Transmission 223,341 900,000 24.8% 676,859
Debt Service 24,837 0.0% 24,837
C<lntingency 378,000 0.0% 378,000
Total Electric Fund 2.864,506 13,001,443 22.0% 10,136,937
5
Schedule of Budgetary Compliance Per Resolution #2010.16
As Amended by Resolution # 2010-26
For the third month ended September 30,2010
Fiscal Year 2011
Year.To-Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
Telecommunications Fund
IT . Intemet .. 342.147 1,388,389 24.6% 1,046.242
IT . High Speed Access 62.421 377,816 16.5% 315,395
Debt - To Debt Service Fund -. 656,000 700,000 93.7% 44,000
Contingency 50.000 0.0% SO,OOO
Total. Telecommunications Fund 1.060,568 2,516.205 42.1% 1,455.637
.. Note: In Internet appropriation
Central Services Fund
Administration Department 312,394 1.312,309 23.8% 999,915
IT . Computer Services Division 256,061 1,149,409 22.3% 893,348
Administrative Services Department 402,843 1,692,363 23.8% 1,289,520
City Recorder 72,050 305,725 23.6% 233,675
Public Works. Administration and Engineering 309,911 1.389,984 22.3% 1,080,073
Contingency 175,500 0.0% 175,500
Total Central Services Fund 1,353,259 6.025.290 22.5% 4,672,031
Insurance Services Fund
Pernonal Services 19.228 77,290 24.9% 5ll.O62
Materials and Services 237.235 680.803 34.8% 443,568
Contingency 150,000 0.0% 150,000
Tolallnsu"rance Services Fund 256,463 908,093 28.2% 651.630
Equipment Fund
Public Works. Maintenance 229,792 991,374 23.2% 761,582
Public Works - Purchasing and Acquisition . 1.422 1.374,500 0.1% 1.373.078
Contingency 54.000 0.0% 54,000
Total Equipment Fund 231,214 2,419,874 9.6% 2,188,660
Cemetery Trust Fund
Transfers 2,456 20.000 12.3% 17,544
Total Cemetery Trust Fund 2,456 20,000 12.3% 17,544
6
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26
For the third month ended September 30,2010
Fiscal Year 2011
Year.To.Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
Parks and Recreation Fund
Parks Division 754,809 3,417,482 22.1% 2.882.873
Recreation Division 283,976 1,074,672 26.4% 790,896
GolI Division 126.437 415,507 .30.4% 289,070
Contingency 50.000 0.0% 50,000
Total Parks and RocreaUon Fund 1.185.222 4,957.661 23.5% 3.792,439
Youth Activities Levy Fund
Materials and Services 42,356 0.0% 42,356
Total Youth Activities Levy Fund 42.356 0.0% 42.356
Psrks Capital Improvement Fund
Capital OuUay 70.000 0.0% 70,000
Total Parks Cspitallmprovement Fund 70.000 0.0% 70,000
Total Appropriations $ 14,767.964 $ 72.240.848 20.4% $ 57.472,884
Q
7
City of Ashland
Schedule of Expenditures By Fund
September 30, 2010
Fiscal Year 2011 Fiscal Year 2010
Year- To-Oatil Fiscal Year Percent Year-To-Oate
Requirements by Fund Actuals 2011 Amended Expended Balance Actuals
City Funds
General Fund $ 3,759,767 $ 15,274,232 24.6% $ 11,514,465 $ 3,585,528
Community Block Grant Fund 18,063 413,116 4.4% 395,053 52,765
Reserve Fund N/A
Street Fund 743,302 6,994,090 10.6% 6.250,788 649.274
Airport Fund 29,531 107,287 27.5% 77,756 121,105
Capital Improvements Fund 207,885 4,092,755 5.1% 3,884,870 285,922
Debl Service Fund 1,069,171 2,707,798 39.5% 1,638,627 1,059,034
Water Fund 1,091,614 6,272,291 17.4% 5,180,677 1,484,131
Wastewater Fund 914,943 6,418,357 14.3% 5,503,414 826,498
Electric Fund 2,864,506 13,001,443 22.0% 10,136,937 2,865,239
Telecommunications Fund 1,060,568 2,516,205 42.1% 1,455,637 690,359
Central Services Fund 1.353,259 6,025,290 22.5% 4,672.031 1,435,730
Insurance Services Fund 256.463 908.093 28.2% 651,630 357,196
Equipmenl Fund 231,214 2,419,874 9.6% 2,188,660 169.626
Cemetery Trusl Fund 2,456 20,000 12.3% 17,544 1,365
T olal City Components 13,602,742 67,170,831 20.3% 53,568,089 13,583,772
Parks and Recreation Component
Parks and Recreation Fund 1,165,222 4,957,661 23.5% 3,792,439 1,24-3,023
Youth Activities Levy Fund 42,356 0.0% 42,356
Parks Capital Improvements Fund 70,000 0.0% 70,000
Toll" Parks Components 1,165,222 5,070,017 23.0% 3,904,795 1,243,023
Tolal Requirements by Fund 14,767,964 72,240,848 20.4% 57,472,884 14,826,795
Ending Fund Balance 20,419,181 17,416,070 117.2% 3.003.111 17,793,186
Total Budget $ 35,187,145 $ 89,656,918 39.2% $ 60,475,995 $ 32,619,981
8
CITY OF
ASHLAND
Council Communication'
Meeting Date:
Department:
Secondary Dept.:
Approval:
FY 20]0-2011 Comprehensive Annual Financial Report
November 16, 20 10 Primary Staff Contact: Lee Tuneberg
Admin. Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Benne Estimated Tirrie: Consent
Question:
Should the City Council accept the Comprehensive Annual Financial Report as recommended by the
Ashland Audit Committee?
Staff Recommendation:
The Audit Committee recommends acceptance of the Comprehensive Annual Financial Report for FY
2009-20 I 0 and staff concurs.
Background:
The Audit Committee has met with staff and auditor Pauly, Rogers and Company, P.c. to review and
accept the annual audit for the fiscal year ended June 30, 2010. The committee's report can be found
in the annual financial report on page xvii and the auditor opinion on page 3.
The Comprehensive Annual Financial Report (CAFR) is prepared annually as part of the state-required
audit by an independent, certified and municipally licensed auditor. In Ashland, the auditor reports to
the Audit Committee established by the Council. The committee receives the auditor opinion,
management letter and annual financial reports (including the Parks Commission Component Unit
Financial Report) prepared by staff. When satisfied with the reports and related information, the
committee forwards the report to Council with a recommendation to accept.
The auditor gave an unqualified opinion again this year.
The "Management Report" included as an attachment has changed in style and the information
provided. It speaks to points required by Statement of Auditing Standards Number 114 (SASI14) and
also references additional disclosures presented in the back of the annual report also required because
the City accepts a material amount of federal money during the year. One element of this newly
required disclosure is Schedule Findings and Questioned Costs, Financial Statement Findings on Page
158 regarding issues with the internally written software controls and valuation guidelines for
intangible assets, including internally created software.
The management report also addresses upcoming accounting and auditing issues such as further
definition of revenue sources and restrictions of ending fund balances, monitoring of investments by
the City and documentation from any third party administrators of their audit results and internal
controls.
The Administrative Services Department's responses to the Management Report comments
Pagelof4
~~,
CITY OF
ASHLAND
immediately follow the auditor findings in both areas. Staff continues to work on the issues with the
goal to make sufficient progress or resolve them by June 30, 20 I ], so they are not carried forward.
The City and Parks are prepared to submit both annual reports to the Government Finance Officers
Association for review and suggestions for improvement again this year.
Financial Overview
The City is responsible for completeness and accuracy of the annual report. The auditor reports are
included in the document and presented on their letterhead. These reports attest to the City's
compliance with Oregon Budget Law and federal reporting requirements.
The annual report includes a section on pages 5 through] 8 called Management's Discussion and
Analysis (MD&A) that is intended to provide the reader with a basic understanding of the financial
condition and change over the year audited. Please read the MD&A and Notes section to get a general
understanding of the financial information provided. Unless otherwise indicated, financial references
relate to the City and do not incorporate Parks & Recreation information.
From an overview perspective, the City's financial condition remained stable with total net assets
increasing $84,878 to $10] ,450,48 J. Cash balances were increased 14% through management efforts
to balance revenue and expenses during the year including shifts between funds and between restricted
and unrestricted categories within the respective funds.
Total C:ity total assets are down $2. J 6 million which includes:
I. $2,345,000 more in cash & investments (a plus)
2. $3] 1,000 less in restricted cash & investments (a minus)
3. $59,000 more in receivables (a plus)
4. $8] ,000 less in inventories (a minus)
5. $] 42,000 less in .deferred revenue (a minus)
6. $2.17 million more in fixed assets (a plus)
7. $6.20 million more in accumulated depreciation (a minus).
City-wide current payables (liabilities) are $3 J 6,000 (6.] %) more than the prior year, primarily due to
a higher level of accrued interest payable consistent with the outstanding debt service due in the
commg year.
The net result of changes in Assets and Liabilities city-wide is the $84,878 increase in Total Net Assets
for the City mentioned above. ]n general, the City raised rates, reduced operating expenses and
deferred capital projects to better balance incomes and out goes to provide a positive impact. These
positive steps resulted in changes that offset the negative impact of depreciation (aging of city
infrastructures calculated to be $6.20 million) for the year.
A final point for the overview is the change in categories of Net Assets where Unrestricted increased
by $ 1,9 J 2,000 and Restricted decreased by $350,000. Although there are many elements contributing
to this change it is the result of using restricted funds for projects where possible and restoring fund
balances in the General Fund and enterprise funds at or near the minimum targets identified for fiscal
Page2of4
~~,
CITY OF
ASHLAND
stability. Even so, these balances can be reduced to low levels awaiting property tax proceeds in the
subsequent months or ifutility sales are reduced due to moderate weather.
The Parks and Recreation Commission net assets also remained level with an $83,050 increase to
$11.7 million. As with the City, there are many elements contributing to this change including
$347,922 in depreciation expense offset by positive variances like more cash on hand at June 30.
The financial report indicates the City has been able to maintain its financial position but not without
increasing some charges and adjusting services and projects where necessary to better balance
resources and requirements.
Many of the City's funds are doing well when considering fund balances. As discussed throughout the
recent budget process, balancing revenue streams with the cost of services is, and will remain, difficult
in funds reliant upon taxes (General, Street and Parks funds) and funds that include capital
improvements funded through rates, fees, taxes and borrowing (Street and all enterprise funds). As in
the past, some funds have ending fund balances beyond targets and those "surplus" amounts will be
needed to help the others in the short-term as capital financing is completed or revenue streams are
adjusted.
Changes in Ending Fund Balances (Adopted and Actual) for all funds can be viewed on pages 114-
115. Other key places to look within the document are:
Pages
I - IX
XVII
3- 4
5 - 18
21 - 30
32 - 64
69 - 143
147 - 150
151 - 159
Information
Transmittal letter from staff
Report of Audit Committee accepting the audit
Auditor's unqualified opinion
Management's Discussion & Analysis
Basic Financial Statements
Notes to General Purpose Financial Statements
Supplementary reports, schedules and statistical tables
Oregon required auditor comments and disclosures
Government Standards Compliance Reports including
Federal Assistance, OMB-133 compliance, and other
internal. compliance disclosures
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept the Committee's report and the annual report as presented, recommend
modifications as discussed or defer acceptance (takes no action) awaiting further information or
clarification.
Potential Motions:
A. Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2010 as presented.
Page 3 of 4
~~,
CITY OF
ASHLAND
8. Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 20 10 as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
FY 2009-2010 Comprehensive Annual Financial Report
FY 2009-2010 Auditor Management Report dated 10/25/2010 covering elements required by SAS 114
Audit Committee meeting draft minutes 10/25/2010
Page 4 of4
".11
._'11
riWJ@
PAULY, ROGERS AND CO., P,C.
CERTIFIED PUBLIC ACCOUNTANTS
12700 SW 72ND AVENUE' TIGARD. OREGON 97223
(503) 620-2632 ' FAX (503) 684-7523
October 25, 2010
City of Ashland & Ashland Parks and Recreation Commission
City Council, Parks Commission, and Audit Committee
We have audited the basic financial statements of the City of Ashland (and Parks) for the year ended June 30
20 I 0, and have issued our report. Professional standards require that we provide you with the following
information related to OUf audit.
Purpose of the Audit
OUf audit was conducted using sampling, inquiries and analytical procedures to opine on the fair presentation of
the financial statements and compliance with:
. generally accepted accounting principles and auditing standards,
. applicable Oregon municipal audit law and administrative rules, and
. federal, state and other agency rules and regulations related to financial assistance.
Our Responsibilities under U.S. Generallv Accepted Auditin!! Standards and Government Auditint!
Standards
As stated in our engagement letter, OUf responsibility, as described by professional standards, is to express
opinions about whether the financial statements prepared by management with your oversight are fairly presented,
in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the
financial statements does not relieve you or management of your responsibilities.
As part of our audit, we considered the internal control of the City (and Parks). Such considerations were solely
for the purpose of determining our audit procedures and not to provide any assurance concerning such internal
control.
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,
we performed test of the City's compliance with certain provisions of laws, regulations, contracts, and grants.
However, the objective of our tests was not to provide an opinion on compliance with such provisions.
Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the
financial statements are free of material misstatement. As part of our audit, we considered the internal control of
the City of Ashland (and Parks). Such considerations were solely for the purpose of determining our audit
procedures and not to provide any assurance concerning such internal control. Weare responsible for
communicating significant matters related to the audit that are, in our professional judgment, relevant to your
responsibilities in overseeing the financial reporting process. However, we are not required to design procedures
specifically to identify such matters.
Planned Scope and Timin!! of the Audit
We performed the audit according to the planned scope and timing previously communicated to you in our letter
about planning matters.
Pauly, Rogers and Co., P.c.
October 25, 2010
Results of Audit
1. Audit opinion letter - an unqualified opinion on the City's and Park's financial statements has been issued.
This means we have given a "'clean" opinion with no reservations.
2. State minimum standards for audits - We found no exceptions or issues requiring comment.
3. Federal Single Audit act - We found no issues of non-compliance and no questioned costs. We have a
responsibility to review these programs and give our opinion on the schedule of financial assistance, the
internal control system, compliance with laws and regulations, and general and specific requirements
mandated by the various grants.
Manat!ement Letter
We noted significant deficiencies in our management letter, which is located in the single audit section of the
CAFR. There was a very proactive relationship between the City and the auditors which ensured that accounting
issues were reviewed as they arose during the audit.
Si~nificanl Audit Findin~s
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. In accordance
with the terms of our engagement letter, we will advise management about the appropriateness of
accounting policies and their application. The significant accounting policies used by the City and Parks
are described in Note 1 to the financial statements. No significant accounting policies were adopted and
the application of existing policies was not changed during 2009-10. We noted no transactions entered
into by the City and Parks during the year for which there is a lack of authoritative guidance or consensus.
There are no significant transactions that have_been recognized in the financial statements in a different
period than when the transaction occurred.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ
significantly from those expected. The most sensitive estimate(s) affecting the financial statements were
Management's estimate of the Accounts Receivable and Fixed Asset Depreciation, which is based on
estimated collectability of receivables and useful lives of assets. We evaluated the key factors and
assumptions used to develop these estimates in determining that they are reasonable in relation to the
financial statements taken as a whole
The disclosures in the financial statements are neutral, consistent, and clear. Certain financial statement
disclosures are particularly sensitive because of their significance to financial statement users.
Difficulties Encountered in Pe1forming the Audit
We encountered no significant difliculties in dealing with management in perfonning and completing our
audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are trivial, and communicate them to the appropriate level of management.
Management has corrected all such misstatements or detennined that their effects are immaterial. In
addition, none of the misstatements detected as a result of audit procedures and corrected by management
Pauly, Rogers and Co., P.c.
October 25, 2010
were material, either individually or in the aggregate, to the financial statements taken as a whole. There
were no uncorrected misstatements noted during the audit.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a financial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be
significant to the financial statements or the auditor's report. We are pleased to report that no such
disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that afC included in the fI.lanagement
representation letter.
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves
application of an accounting principle to the City and Park's financial statements or a determination of the
type of auditor's opinion that may be expressed on. those statements, our professional standards require
the consulting accountant to check with us to determine that the consultant has all the relevant facts. To
our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing
standards, with management each year prior to retention as the City and Park's auditors. However, these
discussions occurred in the normal course of our professional relationship and our responses were not a
condition to our r~tention.
FUTURE ACCOUNTING AND AUDITING ISSUES:
In order to keep you aware of new auditing standards issued by the American Institute of Certified Public
Accountants and accounting statements issued by the Governmental Accounting Standards Board (GASB), we
have prepared the following summary of the more significant upcoming issues:
GASB Statement No. 54
The GASB recently issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type
Definitions, in order to enhance the usefulness of fund balance information by providing clearer fund
balance classifications that can be more consistently applied and by clarifying the existing governmental
fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy
based primarily on the extent to which a government is bound to observe constraints imposed upon the
use of the resources reported in governmental funds. The initial distinction that is made in reporting fund
balance information is identifying amounts that are considered nonspendable, such as fund balance
associated with inventories. This Statement also provides for additional classification as restricted,
committed, assigned, and unassigned based on the relative strength of the constraints that control how
specific amounts can be spent.
The City (and Parks) should adopt a Fund Balance Policy prior to June 30, 2011. This policy should
include identification of flow assumptions for spending fund balance when more than one category
applies, a minimum fund balance policy, definition of any stabilization fund triggers, the policy for who is
responsible for assigned fund balance, and any commitments of revenue sources or ending fund balance
amounts as of the end of the fiscal year.
Pauly, Rogers and Co., P.c.
October 25,20]0
The requirements of this Statement are effective for financial statements for periods beginning after June
15, 2010. Early implementation is encouraged. Fund balance reclassifications made to confonn to the
provisions of this Statement should be applied retroactively by restating fund balance for all prior periods
presented.
Other Matters
o In reviewing your investment practices we noted that the City has investments with the Local
Government Investment Pool. According to the Office of the State Treasurer, the Pool is not managed as
a stable net asset value and as such the preservation of principal is not assured by the Treasury. The City
also uses other financial instruments such as CD's and US Government Securities. As the safety of
public funds is the primary responsibility of every public investment officer, we recommend that you
continually monitor and evaluate the risks versus rewards of your investments. The City should review
their investment amounts along with their fidelity coverage to ensure that all risks with cash and
investments be addressed on a yearly basis.
Update:
The City Recorderrrreasurer is the person responsible for managing bank accounts and investments. The
City Recorder/Treasurer did take the Investment Policy to council within the last year and will continue to
update the council annually. Also, she is the person most knowledgeable and capable in these areas to
make such representations. Staff is open to direction from the auditor as to how to best document such
reviews and determinations.
o We noted that the City uses various third parties to process accounting information, such as Pinnacle, the
City of Springfield, and Jackson County. One area of emphasis in the past few years of new accounting
and auditing standards has been a greater emphasis on documenting and implementing stronger internal
controls. Due to this emphasis the City should obtain some assurances from third parties that their
internal control and systems produce accurate and reliable information. We recommend that the City
request one or more of the following from these third parties: a SAS 70 service auditors report, their
audited financial report, the management letter, a copy of the internal control documents, and a copy of
their accounting procedures.
Update:
Staff agrees with the comments and has taken steps to request such d<,>cuments from third parties such as
Health Futures (Pinnacle is no longer used), City of Springfield and Jackson County. This has become
part of Accounting's routine, annual preparation for the audit.
The financial affairs have been professionally conducted. The accounting records were in good condition and we
commend the staff for their assistance and support during the audit.
This information is intended solely for the use of the board and management of the City of Ashland and the Parks
Commission and is not intended to be and should not be used by anyone other than these specified parties.
PAULY, ROGERS AND CO., P.c.
AUDIT COMMITTEE MEETING
OCTOBER 25, 2010 ] of 41 P age
Audi' Committee
Draft Minutes
October 25, 2010 2:00pm
Council Chambers
1175 East Main Street
Call to Order
The Audit Committee Meeting was called to order at 2:03
RollCall
Audit Committee members Nutter, Slattery, Christensen, Lemhouse and Stebbins were present.
Approval of Minutes
Audit Committee Minutes of April 12,2010
Stebbins/Lemhouse ms to approve minutes. All ayes.
Presentation bv the Auditors
Kenny Allen presented the Parks and City letter (see attached). Mr. Allen discussed the purpose of the audit.
The results of the Audit on the City and Parks financial statements issued a clean opinion on both sets of financial
statements which are the highest leve] possible. Both met state minimum standards and found no exceptions that
required comments.
The City had a federal single audit, which is when the City expends more than $500,000 of federal money. The
Auditors are required to go through and do a grant by grant risk assessment. The auditors found no issues of non-
compliance and no questioned costs. This year the management letter is a little different usually there is a
separate management letter for City and Parks but because the City falls under the Federal Single Audit Act the
Federal government requires that it gets put in the financial report along with the single audit opinions.
Mr. Allen stated that there were no difficulties in performing or completing the audit. There were also no
disagrcements with management. If there were then the auditors would have to disclose that information.
Mr. Allen discussed future accounting and auditing issues (see attached). He went over Governmental
Accounting Standards Board (GASB) Statement NO 54, they set the accounting rules for the City and all local
state governments. Fund balance reporting is required for GASB 54. GASB is to make sure that there are rules.
that are very specific that way it is easier to compare one City to the next. GASB requires that the fund balances
are detailed out in 5 categories which are nonspendable, restricted fund balance, committed, assigned and
unassigned. All five are based on the strength of the constraints that control how specific amounts can be spent.
Ms. Stebbins questioned the wording on page VII regarding significant impacts changes in the economy as of
June 30, 20]0 reads as though it is the City's investment. Ms. Bennett stated that staff will work on the wording.
Mr. Allen stated that the Auditors noted that the City uses various third parties to process account information.
The auditors recommend that the City looks at all third parties to ensure proper internal control and a procedure in
AUDIT COMMITIEE MEETING
OCTOBER 25, 2010 2 of 41 P a g c
place at all places where information processing is outsourced. It is recommended to go through the process of
SAS 70 service auditors report. In situations where a SAS 70 report it is important to get a management report,
policies and procedures and whatever is needed to get a higher level of assurance that information is being
processed correctly. This was recommended last year, in this year's audit it was checked and the City did go
through the process correctly.
Mr. Allen went over the management comments (see attached). In the first comment the auditors noted that the
Information Technology (IT) department does not have a cohesive written internal control document that details
out their internal controls over their internally developed Utility Billing (UB) system. The UB system should also
be modified to fully integrate into the Eden GL system, and should have a report written that "red flags" unusual
or missing charges to individual accounts. The auditors recommend that the IT have an external review of
process and controls from an outside entity.
Mr. Allen went over the criteria, cause and effect as well as the staff response to this comment (see attached).
Mr. Allen spoke to comment number 2. The City's capital asset (and intangible policy) does not specifically state
how the City determines cost on their internally generated assets. This came about because of GASB 51 which is
intangible assets. The auditors found that the UB department had internally generated utility billing software and
how to go through the process and calculate the worth. The auditors recommended the clarification of the of the
capital asset and intangible policy to get rid of any gray areas within the policy.
Mr. Allen spoke to comment number 3. All staff in the courts.department can make changes in the court charges
within the system. He discussed the criteria, cause and effect. In response the staff agrees with the audit
comment and will take actions to correct the issue.
Ms. Bennett stated that this has been the easiest audit so far. Most of the issues that the City has dealt with in the
last few years have been cleaned up by Ms. Hanks and the Accounting Department as well as City Recorder
Barbara Christensen as well as others. Utility Billing (UB) is something that is difficult to work on. The problem
is maintaining internal controls when the system is ran by internal software. It is something serious to the City
and fixing this it is going to be difficult and expensive.
Mr. Nutter questioned of the 96 % from the $15.6 million dollars in building permits how many of them are
residential permits. How many were residential. Staff will research this question.
Ms. Stebbins questioned the receivables on page 46. She questioned if the $2.6 million dollars is limited to 120
days receivable. Mr. Allen stated that everything over 60 days is fully deferred revenue so none of it is included
in revenue over 60 days. Mr. Nutter_questioned if someone owes money on meals ta~ and sign a note payable
does the payment then get booked as a note receivable and is there any determination on its collectability if the
person is insoluble. Ms. Bennett stated that the City tries to do that before signing agreements. Mr. Nutter
questioned what the miscellaneous receiyable represents. Ms. Hanks answered that would have to be looked up.
Mr. Nutter questioned if there was any way to track the receivables on a year to year basis to see if items are being
included that are not collectable and if the value is correct. Ms. Hanks answered that most of it is current. He
questioned if the City has a system of tracking which receivable is going stale. Ms. Bennett answered that the
way the Food and Beverage tax and Hotel Motel collection works is if you are late the Utilities Department does
an estimate of what is owed and charge a penalty for deliquientcy. A letter is sent out~ if these letters have to go
out to frequently a decision needs to be made on whether or not they get sent to collections or use Municipal
Court to enforce.
AUDIT COMMITIEE MEETING
OCTOBER 25, 2010 3 of 411' age
Mr. Nuller congratulaled Martha Bennell, Lee Tuneberg and Staff for again receiving the Government Finance
officers Association (GFOA) awards. Mr. Nutter questioned Mr. Allen if he audits other cities the size of
Ashland, OR and how do the Cities compare. Mr. Allen answered that based on risk areas for clients. The thing
that sticks out to the Auditors is the UB software issue which causes a risk. Issues vary from City to City. The
City of Ashland accounting staff is very good and gave the auditors all the information prior by email which made
the process go much easier.
Mr. Nutter questioned pages 14-] 5 regarding sentence stating fluctuations in sales and in weather continue to
make projections difficult. Rate adjustments were still not enough and the Water and Wastewater funds are
examples where significant increases (8% or more) did not generate sufficient revenue increases to provide a
surplus over expenditures. He questioned why this happened. Ms. Bennell answered that weather was mostly
what happened. In 2009 the City had a curtailment another rate increase in April and then proceeded to have a
cold spring which led to water sales being low in June. It is an odd paradox of wanting conservation but the
consequence of conservation is in order to cover fixed cost you have to increase base rates. The good news is
conservations will save capital in the long run the bad news is when people conserve you don't generate enough
revenue to cover fixed cost. Mr. Nutter questioned if the factor of the weather was taken out and just put into
effect the increases would that cause a lowering of usage and therefore effect the projections of what the revenue
generated would be. Ms. Bennett answered that the City has never done a sensitivity study to how price sensitive
people are to water rates. This fund is a problem because you can't continue to keep raising rates but you need to
Ms. Stebbins questioned the -37.4% on page 12 table C and wondered ifit should be a positive. Ms. Hanks
answered it should be a positive and staff will fix this.
Ms. Stebbins questioned if the incurred claims and unpaid claims would equal the exact same amount on page 57.
Ms. Hanks stated that this is the first time ever that of current year to have no outstanding claims. The $48,961
amount is still pending.
Ms. Christensen discussed credit risk deposits. It states that as of June 30, 2010, $1,000,000 of the government's
bank balance of $2,015,054 was exposed to custodial credit risk because it was uninsured. She commented that as
of the 30"' of June the City had a million dollar security that was called. Callable securities are very rarely
purchased. Since this was called a million went into the bank on the 30"' of June. The other part of this is that
because of the environment of investments these days there are not a whole lot of choices of where to put money.
Diversity is important so that all the money isn't going to one place such as the pool or CD's. Mr. Nutter
questioned if this is something the auditors are concerned about. Mr. Allen answered no.
Mr. Nutter questioned the reclamation on page 58 and if it was sufficient. Ms. Bennett answered that she will not
answer yes or no on whether it is sufficient. The City's liability is capped by the Special Use Permit (SUP) in
terms of what the Forest Service requires the City to do. Since the City holds the SUP the City leases the ski area
to the Mount Ashland Association. Mr. Nutter questioned if someone leases something there may a cap for the
use, but what if in the agreement someone turns around and does something outside of the agreement then liability
would be grealer. For example if Mount Ashland Association did something that didn't follow the SUP would the
City as the holder of the ultimate liability be liable for more than the cap. Ms. Bennett answered she doesn't
believe so because Mount Ashland Association has to go directly to the Forest Service and get permits for
everything that they do. Mr. Nutter asked if they didn't get a permit for something would the City have exposure
because the City holds the actual SUP. Ms. Bennett stated she doesn't believe so due to our special use permit.
Mr. Nutter stated that maybe there should be a footnote or approach Council to get a footnote to indicate the
limitation of liability or have a legal opinion within the document. Ms. Bennett stated that she feels confident
about the number.
AUDIT COMMITTEE MEETING
OCTOBER 25, 2010 4 of 411' age
Ms. Stebbins wanted clarification from the Mr. Allen that the City has no contingent liability in regards to the
hospital. Mr. Allen stated that is correct.
Mr. Nutter referred to page 6 and questioned what the figure was based on regarding the 8% investment rate of
return net of administrative expenses in the actuarial assumptions. Mr. Allen answered that it is based on
actuarial assumptions. The projected wage increases of 4.25 are also based on the actuarial assumptions as well.
Me Nutter questioned what the change was in general revenues on page 5 of the Parks Comprehensive Annual
Financial Report. Ms. Hanks answered that it was the School District paying Parks for the Youth Activity
Contract.
Public Input
None.
Sil!ninl! the Annual Letter
Stebbings/Slattery ms that the Committee signs the annual letter accepting the City's audit and financial
report. All ayes. .
The letter was submitted for the Audit Committee members to sign.
Review of Audit Contract
The Committee discussed the renewal of the Audit contract. Ms. Bennett stated that the contract with Pauly,
Rodgers and Co., PC is three year contract with a possibility of two one year extensions. Ms. Hanks stated that
this is the auditors fifth year and would like to renew one more year with Pauly Rogers with the permission of the
Committee.
Stebbins/Nutter ms to renewal with Pauly Rogers for one year. All Ayes.
The Committee discussed that the Audit Committee would meet next year spring.
Adjournment
The Audit Meeting was adjourned at 3:20 p.m.
Respectfully Submitted,
Melissa Huhtala
Administrative Secretary
~@
PAULY, ROGERS AND CO., P.C.
CERTIFIED PUBLIC ACCOUNTANTS
12700 SW 72ND AVENUE' TIGARD. OREGON 97223
(503) 620-2632 . FAX (503) 684-7523
October 25,2010
City of Ashland & Ashland Parks and Recreation Commission
City Council, Parks Commission, and Audit Committee
We have audited the basic financial statements of the City of Ashland (and Parks) for the year ended June 30
2010, and have issued our report. Professional standards require that we provide you with the following
information related to our audit.
Puroose of the Audit
OUf audit was conducted using sampling, inquiries and analytical procedures to opine on the fair presentation of
the financial statements and compliance with:
. generally accepted accounting principles and auditing standards,
. applicable Oregon municipal audit law and administrative rules, and
. federal, state and other agency rules and regulations related to financial assistance.
Our Resoonsibilities under U.S. Generallv Acceoted Audiline Standards and Government Auditinl!
Standards
As stated in our engagement letter, OUf responsibility, as described by professional standards, is to express
opinions about whether the financial statements prepared by management with your oversight are fairly presented,
in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the
financial statements does not relieve you or management of your responsibilities.
As part of our audit, we considered the internal control of the City (and Parks). Such considerations were solely
for the purpose of determining OUf audit procedures and not to provide any assurance concerning such internal
control.
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement,
we performed test of the City's compli"ance with certain provisions of laws, regulations, contracts, and grants.
However, the objective of our tests was not to provide an opinion on compliance with such provisions.
Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the
financial statements are free of material misstatement. As part of our audit, we considered the internal control of
the City of Ashland (and Parks). Such considerations were solely for the purpose of determining our audit
procedures and not to provide any assurance concerning such internal control. Weare responsible for
communicating significant matters related to the audit that are, in our professional judgment, relevant to your
responsibilities in overseeing the financial reporting process. However, we are not required to design procedures
specifically to identify such matters.
Planned Scooe and Timine of the Audit
We performed the audit according to the planned scope and timing previously communicated to you in our letter
about planning matters.
Pauly, Rogers and Co., P.c.
October 25, 2010
Results of Audit
1. Audit opinion letter - an unqualified opinion on the City's and Park's financial statements has been issued.
This means we have given a "clean" opinion with no reservations.
2. State minimum standards for audits - We, found no exceptions or issues requiring comment.
3. Federal Single Audit act - We found no issues of non-compliance and no questioned costs. We have a
responsibility to review these programs and give our opinion on the schedule of financial assistance, the
internal control system, compliance with laws and regulations, and general and specific requirements
mandated by the various grants. .
Mana~ement Letter
We noted significant deficiencies in our management letter, which is located in the single audit section of the
CAFR. There was a very proactive relationship between the City and the auditors which ensured that accounting
issues were reviewed as they arose during the audit.
Si~nificant Audit Findin~s
Qualitative Aspects of Accounting Practices
Management is responsible for the selection and use of appropriate accounting policies. In accordance
with the terms of our engagement letter, we will advise management about the appropriateness of
accounting policies and their application. The significant accounting policies used by the City and Parks
are described in Note I to the financial statements. No significant accounting policies were adopted and
the application of existing policies was not changed during 2009-10. We noted no transactions entered
into by the City and Parks during the year for which there is a lack of authoritative guidance or consensus.
There are no significant transactions that have been recognized in the financial statements in a different
period than when the transaction occurred.
Accounting estimates are an integral part of the financial statements prepared by management and are
based on management's knowledge and experience about past and current events and assumptions about
future events. Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events affecting them may differ
significantly from those expected. The most sensitive estimate(s) affecting the financial statements were
Management's estimate of the Accounts Receivable and Fixed Asset Depreci<;1tion, which is based on
estimated collectability of receivables and useful lives of assets. We evaluated the key factors and
assumptions used to develop these estimates in deterinining that they are reasonable in relation to the
financial statements taken as a whole
The disclosures in the financial statements are neutral, consistent, and clear. Certain financial statement
disclosures are particularly sensitive because of their significance to financial statement users.
Difficulties Encountered in Pe/forming the Audit
We encountered no significant difficulties in dealing with management in performing and completing our
audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified during the
audit, other than those that are trivial, and communicate them to the appropriate level of management.
Management has corrected all such misstatements or determined that their effects are immaterial. In
addition, none of the misstatements detected as a result of audit procedures and corrected by management
Pauly, Rogers and Co., P.c.
October 25,2010
were material, either individually or in the aggregate, to the financial statements taken as a whole. There
were no uncorrected misstatements noted during the audit.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a financial
accounting, reporting, or auditing matter, whether or not resolved to OUT satisfaction, that could be
significant to the financial statements or the auditor's report. We are pleased to report that no such
disagreements arose during the course of o~r audit.
Management Representations
We have requested certain representations from management that are included in the management
representation letter. .
Management Consultations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a '''second opinion" on certain situations. If a consultation involves
application of an accounting principle to the City and Park's financial statements or a determination of the
type of auditor's opinion that may be expressed on those statements, our professional standards require
the consulting accountant to check with us to determine that the consultant has all the relevant facts. To
our knowledge, there were no such consultations with other accountants.
Other Audit Findings or Issues
We generally discuss a variety of matters, including the application of accounting principles and auditing
standards, with management each year prior to retention as the City and Park's auditors. However, these
discussions occurred in the normal course of our professional relationship and our responses were not a
condition to our retention.
FUTURE ACCOUNTING AND AUDITING ISSUES:
In order to keep you aware of new auditing standards issued by the American Institute of Certified Public
Accountants and accounting statements issued by the Governmental Accounting Standards Board (GASB), we
have prepared the following summary of the more significant upcoming i,ssues:
GASB Statement No. 54
The GASB recently issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type
Definitions, in order to enhance the usefulness of fund balance information by providing clearer fund
balance classifications that can be more consistently applied and by clarifying the existing governmental
fund type definitions. This Statement establishes fund balance classifications that comprise a hierarchy
based primarily on the extent to which a government is bound to observe constraints imposed upon the
use of the resources reported in governmental funds. The initial distinction that is made in reporting fund
balance information is identifying amounts that are considered nonspendable, such as fund balance
associated with inventories. This Statement also provides for .additional classification as restricted,
committed, assigned, and unassigned based on the relative strength of the constraints that control how
specific amounts can be spent.
The City (and Parks) should adopt a Fund Balance Policy prior to June 30, 2011. This policy should
include identification of flow assumptions for spending fund balance when more than one category
applies, a minimum fund balance policy, definition of any stabilization fund triggers, the policy for who is
responsible for assigned fund balance, and any commitments of revenue sources or ending fund balance
amounts as of the end of the fiscal year.
Pauly, Rogers and Co., P.e.
October 25, 20 I 0
The requirements of this Statement are effective for financial statements for periods beginning after June
15, 20 I O. Early implementation is encouraged. Fund balance reclassifications made to conform to the
provisions of this Statement should be applied retroactively by restating fund balance for all prior periods
presented.
Other Matters
o In reviewing your investment practices we noted that the City has investments with the Local
Government Investment Pool. According to the Office of the State Treasurer, the Pool is not managed as
a stable net asset value and as such the preservation of principal is not assured by the Treasury. The City
also uses other financial instruments such as CD's and US Government Securities. As the safety of
public funds is the primary responsibility of every public investment officer, we recommend that you
continually monitor and evaluate the risks versus rewards of your investments. The City should review
their investment amounts along with their fidelity coverage to ensure that all risks with cash and
investments be addressed on a yearly basis.
Update:
The City Recorder/Treasurer is the person responsible for managing bank accounts and investments. The
City Recorder/Treasurer did take the Investment Policy to council within the last year and will continue to
update the council annually. Also, she is the person most knowledgeable and capable in these areas to
make such representations. Staff is open to direction from the auditor as to how to best document such
reviews and determinations.
o We noted that the City uses various third parties to process accounting infonnation, such as Pinnacle, the
City of Springfield, and Jackson County. One area of emphasis in the past few years of new accounting
and auditing standards has been a greater emphasis on documenting and implementing stronger internal
controls. Due to this emphasis the City should obtain some assurances from third parties that their
internal control and systems produce accurate and reliable infonnation. We recommend that the City
request one .or more of the following from these third parties: a SAS 70 service auditors report, their
audited financial report, the management letter, a copy of the internal control documents, and a copy of
their accounting procedures.
Update:
Staff agrees with the comments and has taken steps to request such documents from third parties such as
Health Futures (Pinnacle is no longer used), City of Springfield and Jackson County. This has become
part of Accounting's routine, annual preparation for the audit.
The financial affairs have been professionally conducted. The accounting records were in good condition and we
commend the staff for their assistance and support during the audit.
This information is intended solely for the use of the board and management of the City of Ashland and the Parks
Commission and is not intended to be and should not be used by anyone other than these specified parties.
,
PAULY, ROGERS AND CO., P.c.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Departmeni:
Secondary Dept.:
Approval:
Update on Council Goals
November 16,2010 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Benn Estimated Time:
Ann Seltzer
ann@ashland.oLus
Martha Bennett
Consent
Question:
Does the City Council have questions about the progress on Council Goals?
Staff Recommendation:
Staff recommends the City Council review the update and identify any concerns.
Background:
In July 2010, the Council reviewed the progress on the goals adopted in June of 2009 and revised in
February of 2010.
As a reminder, the Council goals are organized into six general areas related to increasing the
sustainability of Ashland.
Economv
1. Develop and implement a comprehensive economic development strategy for the purpose of:
diversifying the economic base of the community, supporting the creation and growth of
businesses that use and provide local and regional products, increasing the number of family
wage jobs in the community, leveraging the strengths of Ashland's tourism and repeat visitors.
The citizen involvement portion of the project is nearly complete. All nine scheduled focus group
meetings and two open house meetings have been completed with very valuable input and feedback on
the proposed draft vision and strategies. An online questionnaire is still open and available on the
City's website at www.ashland.oLus/econdev and will remain open until November 19, 20]0.
At that time, the online input will be collected and integrated with the focus group and open house
input and summarized into common themes, areas of agreement, disagreement, points of contention,
areas of question, etc. This document will be presented for the Economic Development Committee's
review in early to mid-December and will fonn the foundation for their work at finalizing and
prioritizing the strategies. and developing the associated actions that will organize and direct the City's
economic development efforts.
It is anticipated that the final overall economic development strategy document will be presented to
City Council for their review and approval in February or March of2011.
Page I of 10
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CITY OF
ASHLAND
2. Develop an implementing strategy for funding infrastructure an<,l public facilities for economic
development projects.
For the Croman Mill Property and for other major employment areas in Ashland, such as the
downtown and railroad planning area, infrastructure and public facilities play an integral role in
creating a functional employment area that is attractive for businesses and employees and are well
integrated into the physical fonn of the City of Ashland.
As a potential tool to help advance the objectives of the Council's Economic Development Strategy,
the Community Development Department will contract with a consultant to assess a variety of
financing options and optimize revenue sources for installation of infrastructure and public facilities.
The report also will evaluate the feasibility of fonning one or more urban renewal districts, and
financing targeted projects within these districts through the use of Tax Increment Financing (TIF). At
the September 21, 20 I 0 meeting, Council authorized Community Development staff to move ahead
with an Infrastructure Financing Plan and Urban Renewal Feasibility Study. If the Council decides to
move forward with consideration of an urban renewal district, a detailed list of projects will be
prepared and a variety of issues will need to be resolved such as detennination of district boundaries,
maximum amount of indebtedness, and urban renewal board governance.
3. Increase the clarity, responsiveness, and certainty of the development process.
The Community Development Department will build upon the work completed in the 2007
Organizational Audit, by Zucker Systems. While the Department operates under pennit timelines
mandated by the Municipal Code and Oregon Revised Statutes, a number of the audit's
recommendations are being re-examined and fine-tuned to improve the effectiveness of penn it
processing procedures. Improvements to the existing pre-application process will continue to be
evaluated to ensure that all city departments have the necessary tools and infonnation to thoroughly
review and forward written comments to an applicant. By providing meaningful comments upfront,
staff saves time and the applicant saves money when fonnal applications are filed. Additionally, the
city's pennit tracking program is being assessed to detennine if internal coordination among city
departments needs to be improved. For example, if a pennit is electronically put on hold by a
department, what tracking parameters are in place to notify the applicant in a timely matter as to the
deficiencies of the application?
During the last City Budget adoption process, the Community Development Department set
benchmarks for evaluating the effectiveness of the development review process. The Department is
putting in place systems to more accurately collect infonnation on identified targets, such as the
percentage of applications complete at filing, turnaround time for building pennit review and issuance
as well as average response time to inspection requests.
Lastly, a customer questionnaire will be sent applicants, contractors, design professionals, etc. that
have been involved with a development review pennit (i.e. building pennit or land use application)
over the past 5-years. The questionnaire is similar to the one sent out in 2007 as part of the
Community Development Organizational Audit. It is intended to provide an assessment of the
effectiveness of the development review process in a variety of areas and identify specific areas for
potential improvement.
Page 2 of 10
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CITY OF
ASHLAND
Environment
1. Develop an integrated land use and transportation plan to increase the viability of transit,
bicycles, walking and other alternative modes oftransportation; reduce per capita automobile
vehicle miles traveled; provide safe walking and bicycling routes to home, work, shopping and
schools; implement environmentally responsible ~esign standards, and minimize new
automobile-related infrastructure.
On June I, 20 I 0 the City Council approved an intergovernmental agreement with ODOT that
completed the contractual requirements for the Transportation System Plan (TSP) update. Once the
agreement was signed and the City submitted the first payment of $25,000, ODOT issued a notice to
proceed to the consultant Kittelson & Associates.
The joint Planning Commission and Transportation Commission share the responsibility of overseeing
the TSP update process, and as such, have held two meetings and one public open house to date. Thus
far the commissions have reviewed policies plans, rules and regulations (tech memo # I), draft goals,
objectives and evaluation criteria (tech memo #2), system inventory (3), and existing system
conditions (tech memo #4). In addition, the public open house focused on the pedestrian place concept
which addresses land uses, transportation systems and street improvements for three locations.
On October 4,2010 the consultant updated the City Council on the Transportation System Planning
process.
The Transportation System Plan ,update is now 25% complete and is scheduled to be completed by
January 2012.
2. Adopt an integrated Water Master Plan that addresses long-term water supply including:
climate change issues, security and redundancy, watershed health, conservation and reuse, and
stream health.
On December IS, 2009 the City Council awarded the Water Master Plan to Corollo Engineering. In
addition, the Council appointed three at-large members to the Ashland Water Advisory Committee
(A W AC) to work directly with the consultant and advise the Council on master planning solutions.
The AW AC group has held eight work group meetings and one public open house meeting to solicit
input /Tom the community early in the process. A W AC has agreed on four specific core goals in the
development of this master plan update (redundancy, capacity reliability and meeting environmental
constraints). In addition, A W AC will be hosting the second public open house in November to solicit
feedback on the four proposed (recycled water, TAP, ground water, and TID) water supply options.
On June 14, 20 10 the consultant updated the City Council on the water master planning process.
The water master plan is now 40% complete and is anticipated to be completed by September or
October 201 I.
Page} 01']0
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CITY OF
ASHLAND
3. Implement specific capital projects and operation programs to ensure City facilities and
operations are a model of efficient use of water, energy, land, and other key resources.
Data of existing resource use is being collected and identified by various criteria and attributes to form
the baseline of the City's current operations.
Staff will be presenting an update to the City Council in early February to discuss opportunities and
priorities for formal industry standard inventory work (Greenhouse Gas Inventory, etc) and tracking
methods and tools (databases, spreadsheets, custom software) as actions for targeted improvements are
developed and implemented.
4. Adopt land use codes, building codes and fee structures that creates strong incentives for new
development that is energy, water, and land efficient and supports a multi-modal transportation
system
.
The project will evaluate ways to adjust the City's planning application and building permit process to
support new development that saves energy and water, uses land efficiently and promotes non-
automotive travel. Existing regulations that create disincentives to energy, water, land efficiency and
transportation savings will be identified and repealed if necessary, while changes to the development
process that offer incentives for green building methods will be analyzed and recommended for
implementation. Community benefits from instituting changes to fee structures that reward green
building practices will be assessed. Staff will track the current effort to adopt an optional statewide
green building code (i.e. "Reach" code) and, upon adoption by the State, will make these alternate
methods readily available to the local building community.
A set of Sustainable Design Standards were developed as part of the implementation package for the
Croman Mill District Plan, with some standards having a potential for citywide application. These
addressed: Conservation of natural water systems; green surface parking systems; management of
storm water run-off, as well as rainwater and grey water impoundment for reuse; the design of green
streets; low impact site development; energy efficient building design and site planning; and rain water
catchments, infiltration, and harvesting guidelines. Additionally, the municipal code was amended to
give priority permit processing to land use and building permit applications for projects complying
with LEED certification standards.
5. Develop a strategy. to use conservation and local renewable sources to meet Tier 2 demands.
BPA will determine Ashland's high water mark in June of2011. In October 20] I BPA will determine
our Tier I rates and Tier 2 rates (power consumed above the established high water mark for Ashland).
These rates will be in effect for two years (20] 3) and then they will reevaluate the rates.
It is likely our Tier 2 rates will fluctuate; a low water year will likely result in higher Tier 2 rates and a
high water year will likely result in lower Tier 2 rates.
As reported to tlie City Council in November 2009 and in July of2010, this goal requires a significant
increase in conservation funding including additional staff and incentives and loan dollars for citizens
and businesses. The current budget does not allow for additional resources for this goal.
Page4 of 10
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CITY OF
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Conservation staff continues to promote the purchase of photovoltaic panels and the purchase of
renewable energy credits from BP A for renewable energy including wind, solar and green hydro power
which helps offset the power purchases from BP A.
6. Plan for low-water years including potentially 2010 by: implementing a public information
and technical assistance campaign that encourages summer time conservation. Consider the
options for a summer time surcharge to encourage efficient irrigation practices prior to June 1,
2010.
On June 1,2010 the City Council approved Resolution 2010-07 that created a new water rate structure
charge increasing the rate 30% or 4.25 cf for water usage over 3600 cf for both residential and multi-
family water customers. Staff is developing a public information and technical assistance campaign to
encourage water conservation.
Social Equity
1. Complete the sale of a portion of the Clay Street Property to Parks and Recreation and decide
whether to develop or sell the remaining land.
The majority of housing units are nearing completion and the Housing Authority of Jackson County is
advertising their availability for qualified tenants. The entire 60 unit project remains on schedule to be
completed before the end of the year.
Prior to the end of the year, Community Development and Parks Department staff will present a
proposal where by an approximately 4-acre portion of the parent I O-acre parcel will be partitioned off
for transfer to the Park Commission as city parkland. A resolution will be drafted as a memorandum of
understanding between the City Council and Parks Commission clearly outlining the obligations for
each party. Lastly, Community Development staff will present options to the Council for consideration
ultimately leading to a preferred alternative for the remaining one-acre ofland. This could include
retaining the land in public ownership, selling the land for market value or soliciting proposal for an
affordable or mixed-income project.
2. Convene a discussion of stakeholders working on issues related to homelessness to develop a
plan for: replacing services previously provided by ICCA, developing an emergency shelter for
minors, improving connections to services available in Jackson County to Ashland's homeless,
ensuring Jackson County's 10 year plan addresses the specific issued faced in Ashland.
Staff have has completed the initial first step of identifYing the services previously provided by ICCA,
and have reconciled those services with those services currently being provided locally by church
groups and non-profit organizations, as well identifying services which are no longer available. Staff
is in the process of meeting with providers of social services throughout Jackson County to evaluate
the level of services provided to Ashland residents outside of the Ashland area and better identify
service gaps locally.
To ensure that Jackson County's IO-Year Plan to address homelessness addresses issues specific to
Ashland, City Staff continues to be an active member of the Homeless Task Force, to advocate for the
needs of Ashland's homeless and at-risk populations and to work to create and maintain partnerships
Page 5 of 10
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CITY OF
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with providers of homeless services throughout the County. The City's Housing Program Specialist is
currently the chair of the Homeless Task Force, which allows the City to have more involvement in the
Department of Housing and Urban Development, McKinney-Vento funding process and puts the city
in a better position to connect the City's homeless and at-risk populations with services that are
available throughout Jackson County.
Staff has met with the only youth shelter provider in Jackson County, Hearts with a Mission (HW AM),
to gain a better understanding of the funding needs of that organization, the demographic trends in
homeless youth populations that they serve and what state and federal requirements they are subject to.
HW AM reports that of the 65 homeless youth that they have provided 2, II 0 nights of shelter for since
they opened in Dec. of2009, none have identified as coming from/residing in Ashland. The majority
ofthe population that they serve is female. The youth that utilize the shelter report leaving home due
to issues of physical, sexual, and drug abuse in the home. HW AM received $200K CDBG funding
from the City of Medford to acquire the building and the site then received monetary and in-kind
donations of approx 250K to complete repairs, upgrade, furnish and supply the shelter. HW AM
spends approx $300K annually to pay for staff and run the mission. Currently they receive no state or
federal funding.
Organization
1. Develop a plan for fiscal stability, manage costs, prioritize services, and insure key revenue
streams for the City Parks & Recreation.
Finance staff has:
I. Selected and evaluated similar or peer agencies to Ashland and made comparisons for comparable
operations, revenue, expenses and balance sheet items.
2. Evaluated outstanding debt levels and long-term needs caused by proposed CIP, evaluating total
outstanding debt and annual debt service requirements.
3. Reviewed all internal service charges, budget to actual and to calculated need. Staff is preparing a
presentation for department heads to lay the foundation for changes needed in FY 2011-12.
4. Tracked water and electric sales, calculated average revenue/cost per unit sold for projections,
changes month-to-month for customer classes and trended with rainfall/temperature trends.
5. Stepped up analysis of water and electric rates and tiers in preparation for rate studies and
adjustments proposed by master plans.
6. Established new targets for ending fund balance and contingency amounts for future budgets.
7. Performed preliminary end of year evaluations for preparing the annual financial report.
Most of this work is being done by the Financial Analyst hired for this goal and the three managers in
the Administrative Services Department. An estimate of the annual cost for staff time is $150,000.
Information generated is (has been) used on an operational level as well as for managerial decisions.
Uses include evaluating trends, budget, financial reporting and rate setting. Periodically the
information is presented to the Mayor and City Council as part of the budget process, annual financial
reports and rate hearings.
Progress has been made during the last two fiscal years such that most funds meet or exceed the new
MINIMUM target EFBs and some rate increases were deferred in several enterprise funds, to the
Page 6 of 10
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CITY OF
ASHLAND
benefit of the customer. However, several'master plans are in process that will detail the need for
replacing infrastructure and the likely utility rate impacts.
Recent financing efforts have proven the City is relatively strong and stable resulting in an underlying
bond rating consistent to what was held before market and economy conditions became so bad. One
point that should be considered is to continue setting money aside in the newly created Reserve Fund
to meet future needs,. .minimum target EFBs will not be enough to meet all potential challenges and to
maintain a good bond rating.
Staff will use all such information and Council direction to meet those needs and minimize the impact
on the customer such as was done with the recent refinancing of the DEQ loan in the Wastewater
Fund.
This goal is ongoing and the identified work may never cease to be important. Specific data can be
presented to Mayor and Council during a study session as their time permits.
2. Address issues regarding the stability of the organization including: employee recruitment and
retention, succession planning, effective and increased use of citizen volunteers.
Council approved implementation of the classification portion of the class and comp study and will be
working with Council on phasing in the salary portion of the study as the City's financial condition
Improves,
"
We have been implementing Succession Planning and providing organizational training as our
resources allow. In November the City will provide a "Facilitating Success in the Workplace"
workshop for Managerial Staff aimed at developing leadership skills. We have identified low or no-
cost training resources/programs that we will be launching this fall to help employees broaden their
skills and ready them for future opportunities at the City.
In several departments we are implementing "Trainee" programs to help train-up and transition our
staff. The City has also retained some higWy qualified retirees to remain on and work PIT to fill in the
gaps in institutional knowledge that occur when seasoned employees leave the organization. We are
also utilizing volunteers and interns wherever possible in the City to help with continuity of work as
staffing and resources shrink.
Public Facilities
1. Develop a plan to replace Fire Station #2.
In May 20 I 0, the Council approved the recommendation of the Public Safety Bond Committee to place
a measure on the May 201 I for $3 million. Council will review ballot measure language at their
meeting on February], 2011.
2. Define a long term strategy for the Ashland Fiber Network that improves its financial
viability, provides high quality services to residents, and promotes healthy economic
development.
Page 7 of I 0
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CITY OF
ASHLAND
City Council approved the Ashland Fiber Network Strategic Business Plan at its August 17, 20 I 0,
formal meeting. Since then, staff has focused on the strategic and financial goals defined for 2010 and
2011, with emphasis on controlling costs, expanding AFN's coverage area, creating new revenues
through products and services developed with partners, increasing revenues through both larger market
. share arid low customer chum, and communicating better with City Council.
Specific work accomplishments and progress updates:
I) A request for proposals (RFP) was completed to replace the AFN's Internet bandwidth
contract. The award was approved by City Council in July and had a service start date of
September 1,2010. The service start date was successfully met by vendor and AFN staff.
The new contract reduced AFN's bandwidth costs from about $75 per Mbps to $22 per Mbps
and will realize network redundancy goals once fiber pathway work is complete in December
20 I O. Monthly bandwidth charges have fallen by more than $8,000 per month and have
allowed AFN to afford investments into its physical plant as planned. Network upgrades are
improving reliability, increasing capacity, and will allow AFN to implement the new products
defined in its Strategic Business Plan in January 2011.
Additionally, bandwidth rates will decrease to $17 per.Mbps when AFN decides it is necessary
to increase capacity to ] Gbps. AFN staff is now estimating it will need to exercise this option
approximately three months early due to a recent spike in customer bandwidth use. Peak
utilization has increased from -290 Mbps at the start of July to -490 Mbps at the end of
September, an almost 70% jump.
2) AFN issued a request for proposals for televisions services in October 20 I O. Proposals are due
November 10, 2010. The evaluation committee will review proposals on November 15, 2010,
and the Information Technology Department will request City Council approve the award
directly after. The evaluation committee consists of two AFN employees and two external
experts.
Key pieces of the Televisions Services RFP include increasing revenues by about $70,000 per
year from current levels, implementing vendor performance standards, obtaining shared
ownership of customers, mandating and incentivizing customer and revenue growth, and
supporting digital and on-demand services.
The revenue increase goal was set to position AFN's television services line to support its
actual cost of operations.
3) The master contract for telecommunications services is in draft form. AFN plans to issue the
RFP in November for award in December. This contract serves the purpose of allowing AFN
to contract with multiple vendors to offer services in categories of Internet connectivity,
computer support, telephony, and application services. Functionally, it will replace the current
month-to-month arrangements with AFN's existing ISP partners.
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CITY OF
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Per Council and Strategic Business Plan direction, the RFP will allow existing ISPs to sell
services under one of two ways. The primary option will be as a.full partner with shared
ownership of customers. The second option will allow ISPs to work as simple resellers of
AFN's wholesale products at the exclusion of co-marketing and other incentives.
The goals of the master services contract are to support innovation of new products to enhance
revenues, provide AFN shared ownership of customers, and create partnerships and incentives
with which we can grow AFN.
4) In October, AFN began hosting coordination meetings with its ISP partners to prepare for
AFN's new products, coordinate network upgrades, and increase sales. These meetings will
occur monthly as product transitions occur, after which the schedule will transition to quarterly.
5) AFN is mid-way through a project to rebrand its site and services. The purpose of this work is
to update the image of AFN in the public, provide a logo and icon AFN can use with partners in
co-marketing efforts that do not imply City endorsement, and providing a brand identity the
City may sell or spin off pending performance and City Council direction in 2012.
The IT Department is building a new website with improved performance and visual appeal to
replace the existing site. This project is approximately two weeks behind schedule on
milestones. Adjustments were made and staff work is tracking to be back on schedule by
November 29,2010. As part of this effort, a vendor was hired for $2,500 to redesign AFN's
logo. Other site elements will be adopted from the City's communications style guide. AFN is
assembling a group of community members, including City Councilors, for feedback on the
designs to ensure rebranding efforts resonate with Ashland citizens. City Administration is
assisting with a means to poll visitors to the City website for additional input.
6) AFN staff is working with Customer Service Division personnel in the Administrative Services
Department to develop process improvements that capture sales when citizens connect their
utilities. This was a key piece of feedback received from City Council in the formulation of the
AFN Strategic Business Plan. AFN's goal is to capture at least 25% of citizens connecting
their utilities as AFN customers.
As planned, Customer Service Division staff will state the availability of AFN to customers and
schedule an installation visit when customers express interest. AFN staff will work with
customers to set up their service and decide the correct package when they visit.
Partnerships
1. Foster strong collaboration of the local community, City, State and Federal leaders in efforts
to improve the health of the Ashland watershed through reducing fire hazards and restoring
forest health.
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The Ashland Forest Resiliency Project continues and will add 350 acres to the 47 already treated with
work beginning on Monday, November 8. This work should be complete by July. Funding for the
project is now at 6.5 million. Future maintenance of City owned forest lands will be coordinated with
the elements of AFR. The IRT (Implementation Review Team) is in place with representatives from
KS Wild, OSU extension, and the Small Diameter Collaborative. There will be burning of the original
47 treated acres and 500 from previous treatments. The Community Engagement effort has organized
2 open houses, a number of public tours, and loaded significant data into the project's website
(www.ashlandwatershed.org).
2. Advocate for the long-term viability of rail service to and through Ashland and encourage the
use of rail through land use, transportation, and economic development planning.
Staff continues to periodically email the shippers representatives for progress reports on their plan to
restore rail service to and through Ashland. The most resent email from Bob Regan is as follows:
"CORP and shippers are negotiating. Expect an announcement by end of year."
Related City Policies:
Council Goal Setting
Council Options:
Identify changes and provide new direction to staff.
Potential Motions:
I move to accept the update of Council Goals as presented.
I move to modify the Council Goals by
Attachments:
None
,
Page 10 of 10
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Council Communication
Approval of a Special Procurement
Principal Decision Systems International, Inc. Police Scheduling Software
Meeting Date: November 1 6,2010 Primary Staff Contact: Terry Holderness
Department: Police E-Mail: Holdernet@ashland.oLus
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benn Estimated Time: Consent
Question:
Will the Council, acting as the Local Contract Review Board, approve a contract-specific special procurement
for the direct award (purchase) of the TeleStaffpublic safety scheduling program from Principal Decision
Systems International, Inc.?
Staff Recommendation:
Staff recommends that the contract-specific special procurement for the TeleStaff public safety
scheduling program be directly awarded to Principal Decision Systems International, Inc.
Background:
A Special Procurement is a contracting procedure that differs from the procedures required for an
Intermediate Procurement (3-written quotes), Invitation to Bid or Request for Proposal. The proposed
procedure being recommended is direct award per the attached Request for a special Procurement.
Related City Policies:.
The related rules of procedures are included in the attached Request for a Special Procuremfnt;
Council Options:
The Council, acting as the Local Contract Review Board, moves to approve or decline the Contract-
specific Special Procurement.
Potential Motions:
Move to approve or deny approval of the contract-specific special procurement for the TeleStaffpublic
safety scheduling program be directly awarded to Principal Decision Systems International, Inc.
Attachments:
Special Procurement- Request for Approval form
Software License Agreement
Page I of I
rj.'
CITY OF
ASHLAND
I FORM #9
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To:
City Council, Local Contract Review Board
From:
Terry Holderness, Police Chief
Date:
November 16, 2010
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards set
forth ORS 279B.085(4).
I. Requesting Department Name:
Police Deoartment
2. Department Contact Name: T errv Holderness
3. Type of Request:
Class Special ProclB"ement ~ Contract-specific Special Procurement
4. Time Period Requested: From:
Uoon approval
To:
06/30/20 II
5. Total Estimated Cost: $17.190 for the initial software and steup and $1.712 annual mainlance cost after the
ftrst vear.
6. Short title ofthe Procurement: TeleStaffautomated scheduling program
Supplies and/or Services or class of Supplies and/or Services to be acquired:
Software to support the Telestaff automated scheduling and paYTOll reporting systern for all
Police Department employees. Cost includes software licensing and customization for use by the
Police Department.
7. Background and Proposed Contracting Procedure: Provide a description ofwhat has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice! Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Background: Direct award to only know provider of this type of software. AFR is already using this
software. product so the Police Department will receive a multi user discount and will be able to use
the same server as AFR.
Fonn #9 - Special Procurement - Request for Approval, Page 1 of 4, 1119/2010
8. Justification for use of Special Procurement: Describe the circumstances that justity the use of a
Special Procurement. Attach relevant documentation.
T eleStaff is the only know provider of this we of software for public safety agencies. AFR is already
using this software product so the Police Devartment will receive a multi user discount and will be
able to use the same selVer as AFR.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
This is a higWy specialized type of software and there are no other known providers.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement); and
(b)(i) will result in substantial cost savings to the contracting agency or to the public because:
(Please provide the total estimate cost savings to be gained and the rationale for detennining the co~1 savings); or
(b)(ii) will othelWise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because:
(Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.)
Fonn #9 - Special Procurement- Request for Approval, Page 2 of4, 111912010
Public Notice:
. Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public
notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a
public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-047-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the
Special Procurement and shall give such public notice of the approval ofa Special Procurement at
least seven (7) Days before A ward of the Contract.
After the Special Procurement has been approved by the City Council, the following public notice will
be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us- November 17,2010
PUBLIC NOTICE
Approval of a Spedal Procurement
First date of publication: November! 7,2010
A request for approval of a Special Procurement was presented to and approved by the
City Council, acting as the Local Contract Review Board, on November 16, 20 I O.
The pmpose of the Special Procurement is to acquire software to support the Telestaff
automated scheduling and payroll reporting system for all Police Department employees.
Cost includes software licensing and customization for use by the Police Department. The
software will be purchased from Principal Decision Systems International, Inc for
$17,190.00
It has been determined based on written findings that the Special Procurement will be
unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competition for public contracts, and result in substantial cost savings or
substantially promote the public interest in a manner that could not be realized by
complying with the requirements that are applicable in ORS 2798.055, 2798.060,
2798.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement in
accordance with ORS 2798.400 and OAR 137-047-0300. A written protest shall be
delivered to the following address: City of AsWand, AsWand Police Department, Terry
Holderness, 1155 East Main Street Ashland Oregon 97520. The seven (7) protest period
will expire at 5:00pm on November 24,2010.
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Special Procurement.
Fonn #9 - Special Procurement- Request for Approval, Page 3 of4, 11/9/2010
Authority to enter into a Special Procurement:
Section 2.50.090 Exemptions/rom Formal CompetiJiveSelection Procedures
All Public Contracts shalf be based ufXJn Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed ProlX'sals
(Requestfor Proposal) pursuanllQ ORS 279A - 279C and the Model Rulesexceptfor the/allowing:
G. Special ProwremenlS - a public contract for a class special procurement, a contract specific prorurement or both, based
upon a contracting procedure that differsfrom procedures described in ORS 279BJ)55, 279B.060, 2798.065, 2798.070.
The contracting approach may be (Us/om designed 10 meet the procurement needs.
J. Special prowrements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions
of law.
ORS 279B.085 Special procurements. (I) As used in this section and ORS 279B.4()():
(a) "Class specialprocuremenr" means a contracting procedure that differsfrom the procedures described in ORS 279B.055, 279B.060,
279B.065 and 279B.070 and isfor the purpose of entering into a series of contracts over time or for multiple projects.
(b) "Contract-specific special procurement" means a contracting procedure that differsfrom the procedures described in ORS 279B.055,
279B.060, 279B.065 arui 279B.070 and is for the purpose of entering into a single contract or a number of related contracts on a one-time
basis or for a single project.
(c) "Special procurement" means, unless the context req.uires othem'ise, a class special procurement, a contract-specific special
procurement or both.
(2) Except as provided in SlIbsection (3) of this section, to seek approval of a special procurement, a contracting agency shall submit a
written request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that
describes the contracting procedure, the goods or services or the class of goods or services that are the subject of the special procurement
and the circumstances thatjustifv the use of a special procurement under the standards setJorth in subsection (4) oJthis section.
(3) When the contracting agency is the office oJthe Secretary oJState or the office oJthe State Treasurer, to seek approval oj a special
procurement, the contracting agency shall submit a written request to the Secreta!)! oj State or the Stl1le Treasurer, as applicable, that
describes the contracting procedure, the goods or services or the class oj goods or services that are the subject oJthe special procurement
and the circumstances that justify the use oj a special procurement under the standards setJorth in subsection (4) oJthis section.
(4) The director, a local contract review board, the Secretary oJState or the State Treasurer may approve a special procurement If the
director, board, Secretary oj State or State Treasurer finds that a written request submil1ed under subsection (2) or (3) oJthis section
demonstrates that the use oj a special procurement as descn'bed in the request, or an alternative procedure prescribed by the director, board,
Secretary oj State or State TreaSllrer:
(a) Is unlikely to encourageJavoritism in the awarding oJpublic contracts or to substantially diminish competition for public contracts;
and
(b)(A) Is reasonably expected to reSlllt in substantial cost savings 10 the contracting agency or to the public; or
(B) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 279BJJ55, 279B.060, 279BJJfj5 or 279B.070 or under any rnles adopted theretmder.
(5) Public notice oJthe approval ofa special procurement must be given in the same manner as provided in ORS 279B.055 (4).
(6) If a contracting agency intends to award a contract through a special procurement that calls for competition among prospective
contractors, the contracting agency shall award the contract to the offeror the contracting agency determines to be the most advantageous to
the contracting agency.
(7) When the director, a local contract review board, the Secrelwy oj Stale or the State Treasurer approves a class special procurement
under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or sern'ces in
accordance with the terms of the approval without making a subsequent request for a special procurement. f2003 c. 794 ,fj7; 2005 c.103
.,Sd; 2007 c. 764 Pi
OAR /37-047-0185 Special Procurements
(/) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 279B.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approval oj a Special Procurement in the
same manner as public notice of competitive sealed Bids under ORS 279BJ)55(4) and OAR 137-047-0300. The public notice shall describe
the Goods or Services or class of Goods or Services to be acquired Ihrough the Special Procurement. The Contracting Agency shall give
Affected Persons at least seven (7) daysfrom the date oj the nOfice oj approval of the Special Procurement to protesl the Special
Procurement.
(3) Protest. An Affected Person may protest the ~equest Jor approval of a Special Procurement in accordance with ORS 279B.400 and OAR
137-047-(}700.
Fonn #9 - Special Procurement- Requestfor Approval, Page 4 of 4,111912010
COiltrac! He\'ision Dale: 02:'/9/09
lID TeleStaff
SOFTWARE LICENSE AGREEMENT
TELEST AFF LICENSE AND ANNUAL SERVICE AGREEMENT
This Agreement ("AGREEMENr) made by and between Principal Decision Systems International ("POSn that has its principal
place of business al 50 Corporate Park, Irvine, CA 92606, and Ashland Police ("CUSTOMER~), that has its principal place of business at
1155 East Main St. Ashland, OR 97520, for the exclusive use of CUSTOMER shall be subject to the following terms and conditions:
Whereas, POSI has developed a telecommunications/computer technology, which consists of certain software known as
TElESTAFF;and
Whereas, POSI imposes certain license requirements on customers desirous of purchasing a license for TElEST AFF software
(TELEST AFF); and
Whereas, CUSTOMER wishes to contract with POSI to: (1) license full use of purchased TElESTAFF modules, (2) train
CUSTOMER on its configuration and use, and (3) support daily use of TELESTAFF; and
Whereas, POSI is willing to contract with CUSTOMER to: (1) grant CUSTOMER a license for full use of purchased TElESTAFF
modules, (2) train CUSTOMER on its confi~uration and use, and (3) support daily use of TElESTAFF;
Now, therefore, in consideration of the mutual covenants and agreements herein contained and other good and valuable
consideration. the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, POSI and CUSTOMER do
hereby agree as follows:
1. Ownershio and license of TElESTAFF
Except as provided herein at paragraph 2, POSt hereby grants to CUSTOMER a license to use TELEST AFF in object code form.
CUSTOMER shall abide by the terms and conditions of this license as staled herein. The parties recognize and acknowledge that
ownership of TElEST AFF shall remain with POSI. .
2. CODvriaht and ProDrietarv Protection.
(a) TELESTAFF is owned by POSI, and is protected by United States and international copyright laws and international trade
provisions. CUSTOMER must treat TELESTAFF like any other copyrighted material. This License and CUSTOMER's right to
use TELESTAFF shall terminate automatically if CUSTOMER violates any part of this AGREEMENT. In the event of termination
for any reason other than non-renewal of Service and Support as described herein at Section 10, CUSTOMER shall immediately
cease all use of TElESTAFF, and CUSTOMER agrees not to share any ted\nical documentation with other parties.
CUSTOMER shall have sixty days after the date Service and Support condudes to migrate to another solution. POSI shall offer
support for migration activities on a time and materials basis.
(b) CUSTOMER shall nol:
(i) Modify TElESTAFF and/or merge it into another program for CUSTOMER use except by express, wrillen permission
from POSI. Any portion of TELESTAFF'merged into another program following the express, written pennission from
POSt will be subject to the terms of this AGREEMENT;
(ii) Reverse engineer: disassemble, decompile, or make any attempt to discover the source code or methodology of
TELESTAFF;
(iii) Copy TELESTAFF for any rea'son other than to make one backup copy in machine-readable form for archival
purposes;
(iv) Use sonware other than TELESTAFF to connect directly to the Sybase database to perform TElESTAFF functions on
the assigned database, except for software used by CUSTOMER for auditing, security, backup, or related purposes.
CUSTOMER acknowledges that direct connection 10 the database for purposes other than those stated violates the
OEM agreement between POSI and Sybase.
(v) In the event POSI ends operations, enters bankruptcy, or divests itself of TElESTAFF software in any way. the
CUSTOMER shall have access to TElEST AFF source code, maintained in escrow, for the sole purpose of maintaining
the software to meet the CUSTOMER'S operating needs. Under these circumstances CUSTOMER shall not share
source code with any party other than POSI and its designees.
TeleStaff License Agreement
Last Updated: 10/12/2010 Page 1 of 4
CUSTOMER INITIALS:.
Con/!tlL'1 Ne\'ision Dwe: 02':19/(}9
3. Execution Date. The Execution Date is defined as the date this AGREEMENT is signed by authorized agents of CUSTOMER and
POSI.
4. Term. This AGREEMENT is effective and binding on the parties upon the Execution Date as defined in paragraph 3 herein and shall
remain in effect for a term of one (1) year, unless terminated as provided herein. On each anniversary date thereafter, this
AGREEMENT shall automatically renew for a term of one (1) year, unless otherwise terminated as provided herein.
5. Product ComDonents. The following constitutes a list of TELEST AFF components, services and associated fees that CUSTOMER
does hereby agree to purchase from PoSI available in connection with the use of TELEST AFF.
Initial ComDonent
TELEST AFF Enterprise Software License for 40 POLICE Staff
Members
TELESTAFF Implementation Services 'for 40 POLICE Staff Members
TELEST AFF Phase 2 Implementation Services for 40 POUCE Staff
Members .
One year of POSt-hosted Web Access for 40 Staff Members
Sybase Concurrent Connections (1) Qty: 4
Electronic timecard
10% MULTI-AGENCY DISCOUNT
Total Initial Acquisition Cost
6. Pricina. PDSI agrees to the fees reflected above in paragraph 5 until 12121/2010.
Fee
$ 5,600
$ 8,000
$ 5,000
Included
$ 500
waived
$ -1,910
$ 17.190
7. PaYments. Upon successful delivery of software and services, CUSTOMER agrees that all pricing and amounts due hereunder are
based on United States currency and that all amounts remaining unpaid for more than thirty (30) days following the date of the invoice
shall be subject to an interest charge at the monthly rate of 1.5%. CUSTOMER does hereby agree to the payment terms for each
component.
Initial ComDonent
TELESTAFF Enterprise Software License and applicable Sales Tax
for 40 Staff Members
TELESTAFF Implementation Services for 40 POLICE Staff Members
TELESTAFF Phase 2 Implementation Services for 40 POLICE Staff
Members
One year of PDSI-hosted Web Access for 40 Staff Members
Sybase Concurrent Connections (1) and applicable Sales Tax
Due
Due Upon Delivery of TeleStaff Software CO
version 2.x
Due Upon Delivery of T eleSlaff Software CD
version 2.x \
Due Upon Completion of advanced
configuration training, as described in
Appendix A.
Due Upon Delivery of T eleStaff Software CD
version 2.x
Net 60 Days
8. Travel EXDenses. CUSTOMER agrees to pay for all approved travel expenses related to TELEST AFF implementation and training
services as defined in Appendix A. PDSI agrees that all travel arrangements will be coordinated with CUSTOMER, and travel costs
will be provided to CUSTOMER for approval.
9. ImDlementation Services. Implementation Services include configuration of TELESTAFF as defined in Appendix A. CUSTOMER
acknowledges that training andlor reconfiguration requested by CUSTOMER in addition to that defined in Appendix A will be at an
additional cost. POSI agrees to provide a price quote for all services CUSTOMER requests before beginning work. POSI agrees to
track all war\< and provide CUSTOMER with an invoice for the services within thirty (30) days of successful completion of the service.
CUSTOMER agrees to pay all invoices within thirty (30) days of receipt; all amounts past due wilt be charged interest in accordance
with paragraph 7.
10. TeleDhonv Service. CUSTOMER acknowledges that the telephony capabitities induded in TELESTAFF are designed to be
compatible with POTS analog phone service from a tocal phones services provider, and that POSI warrants the correct operation of
the TELESTAFF telephony components only when connected 10 POTS analog phone lines. Should CUSTOMER attempt to connect
TELEST AFF to PBX or other digital phone services, POSI will not warrant correct telephony behavior nor will provide support for
CUSTOMER's unique telephony solution.
11. Annual Service and SUDDort. Service and Support of TELESTAFF is provided at no addilional charge during the first twelve (12)
months following the Execution Date. See Appendix B for the definition of Service and Support. CUSTOMER does hereby
acknowledge that on each anniversary of the Execution Date, CUSTOMER may renew service and support under the following
events: '
Initial Event
g TELESTAFF for 40 POLICE Staff Members. 1st
Anniversary of the Execution Date
Subsequent anniversaries during term
PaYment
$ 1.008
3% maximum increase over previous annum
TeJeStaft License Agreement
Last Updated: 10/12/2010 Page 2 of 4
CUSTOMER tNITIALS: -
('nfl//"fe! Nelisio!1 Dale: 02/ t9:1)9
Should CUSTOMER elect nolto renew Service and Support on Ihe anniversary of any Execution Dale, CUSTOMER acknowledges
that any subsequent re-enrollment for Service and Support will only be accepted by PDSI after CUSTOMER pays PDSI the Service
and Support fees for the lapsed periods. In addition, CUSTOMER acknowledges that POSI may assess CUSTOMER a Service and
Support re-instatement fee thaI will not exceed ten percent (10%) of the Service and Support fee for the lapsed periods. PDSI
reserves the right to discontinue Service and Support of previous releases of TELESTAFF as defined in Appendix B.
Should CUSTOMER increase the licensed capacity of TELESTAFF, CUSTOMER acknowledges that Annual Service and Support will
increase as specified in Section 13 beginning with the next renewal period.
12. Web Access. Access to TELESTAFF via the web is hosted by PDSI. CUSTOMER does hereby acknowledge that on each event
and for the fee specified below, CUSTOMER can renew web access:
Iln;!;al I Event
Web Access for 40 POLICE Staff Members - Due 1 month
after 1st Anniversary of completion of deployment as
described in Appendix B
Subsequent anniversaries during term
Pavrnent
$ 705 per annum
3% maximum increase over previous period
Should CUSTOMER elect not to renew web access or fail to pay the usage fee specified above in advance the subsequent 12 month
period, CUSTOMER acknowledges that PDSI will disable CUSTOMER access from the Internet. PDSI agrees that web access will be
up and that CUSTOMER will have full availability.
13. Increases in License CaDacitv: CUSTOMER may increase the capacity of its TEL EST AFF license at a future date in increments of
50 staff members for an additional fee. CUSTOMER acknowledges that increasing its TELEST AFF license capacity will also cause
an increase in Annual Service and Support, and Web Access services (PDSI-hosted Usage or Self-Hosted License and Annual
Service and Support), if applicable. The following table shows the current pricing for all upgradeable components, however, pricing is
subject to change without notice. Increases in TELEST AFF Annual Service and Support, PDSI-Hosted Web Access, and Self-hosted
Web Access Annual Service and Support will be reflected at the first invoicing cycle following any TELEST AFF License Upgrade.
Ini ial Event
TELEST AFF License Upgrade
TELEST AFF Annual Service and Support
PDSI-hosted Web Access Usage Fee (if applicable)
Pavrnent
$ 7,500 per 50 staff members
20% of TELEST AFF License Upgrade PLUS current
Annual Service and Support amount
14% of TELEST AFF License Upgrade PLUS current
WEBST AFF Usage amount
$ 3,000 per 50 staff members
20% of Web Access Self-hosted License Upgrade
Web Access Self-Hosted License Upgrade (if applicable)
Web Access Self-Hosted Annual Service and Support (if
applicable)
Hourly rate for Additional Training as specified in Appendix
B, ADDITIONAL TRAINING
$ 200 per hour or $500 per 4 hour online class
14. limited Warranty. PDSI WARRANTS TElESTAFF TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER
NORMAL USE AND TO OPERATE IN REASONABLE ACCORDANCE WITH CURRENT TELESTAFF USER MANUALS.
HOWEVER, PDSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN TELESTAFF WILL MEET CUSTOMER'S
REQUIREMENTS OR THAT THE OPERATION OF TELESTAFF WILL BE UNINTERRUPTED OR ERROR FREE. THE LIMITED
WARRANTY SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. limitation of Liability. PDSI'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDIES SHALL BE THE REPLACEMENT
OF TELESTAFF UPON NOTIFICATION OF REPORTED OEFICIENCIES. IN NO EVENT WILL PDSI BE LIABLE TO CUSTOMER,
OR ANY THIRD PARTY. FOR ANY CLAIMS OR DAMAGES, INCLUDING ANY LOST WAGES, LOST PROFITS, LOST SAVINGS
OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE TELESTAFF
EVEN IF PDSI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnification. PDSI agrees to indemnify, defend and hold harmless Custcrner, its trustees, offcers, agents and employees from any
and all liability, loss, damage and expenses (including attorney fees) CUSTOMER may suffer as the resul of claims, demands, costs or
judgments which may be made or instituted against CUSTOMER due to PDSI'S failure to adhere 10 the terms of this Agreement;
however, PDSI shall not be required to indemnify CUSTOMER for claims or damages that result from CUSTOMER'S own negligent or
intentbnal miscorduct.
17. Termination. This AGREEMENT shall terminate upon the following events:
(a) In the case .of an event of default (if CUSTOMER or PDSI fails to satisfy any of its respective covenants, duties or obligations
under this AGREEMENT), the non-defaulting party shall have the option to terminate this AGREEMENT. In the event of default.
the non-defaulting party shall give written notice to the defaulting party of the alleged default and give such party at least thirty
(30) days in which to cure the alleged default. If the defaulting party does not satisfactorily cure its default, the non--defaulting
party has the right to terminate upon thirty (30) days additional written notice stating the defaulting party's failure to cure the
default;
Te/eStaff License Agreement
Last Updated: 10/12/2010 Page 3 of 4
CUSTOMER INITlALS:-
Conl/'<.lt'r Nel'ision Date: 02/"/9:09
(b) By mutual consent between both parties;
18, Miscellaneous Provisions.
(a) Amendments. This AGREEMENT shall not be modified or amended except by another agreement in writing executed by the
parties hereto.
(b) Entire Aareement. This AGREEMENT, including Appendices A and B attached hereto, supersedes all prior discussions,
understanding and agreement between the parties with respect to the matters. contained herein, and constitutes the entire
agreement between the parties with respect to the matters contemplated herein.
(c) Governina law, This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California.
(d) Taxes: CUSTOMER agrees to pay any tax assessed on Product Components as specified in this agreement, if applicable.
(e) Notices. All notices, requests, demands and/or other communications required or permitted to be given or made by this
AGREEMENT shall be in writing and shall be delivered by commercial ovemight delivery services which provides for receipt, or
mailed by certified mail, return receipt requested, postage prepaid and addressed to the parties at the addresses referenced
above. Any party may change its address for purposes of this AGREEMENT by notice in writing to the other party.
(f) No Waiver. No failure on the part of any party hereto to exercise, and no delay in exercising any right, power or remedy or partial
exercise of any right, power or remedy by any party will preclude any other or future exercise of any other right. power or remedy
or partial right, power or remedy. No express waiver of assent by any party hereto to any default in any term or condition of this
AGREEMENT shall constitute a waiver of or an assent to any succeeding default in the same or any other term or condition
hereof.
(g) Assianabititv. This AGREEMENT shall inure to the benefit of and be binding upon the parties hereto, their respective heirs,
successors, assigns and personal representatives.
(h) Pricina. Pricing provided for components in Section 5 apply only to PDSI products and services, and not for 3rt! party products
and services that integrate with or relate to TeJeStaft (unless otherwise noted).
IN WITNESS WHEREOF. the parties have signed this AGREEMENT on the day and year first above written.
Principal Decision Systems International (PDSI)
Ashland Police DeDartment (CUSTOMER)
By:
By:
Tille:
Title:
Date:
Date:
TeleStaff License Agreement
Last Updated: 10/12/2010 Page 4 of 4
CUSTOMER INITIALS: -
AfJfh';/Uli.x Nel'is!illl Du{c: 08:'/6:10
Appendix A - TELEST AFF Implementation Services Partnership Agreement
IT IS EXTREMELY IMPORTANT THAT CUSTOMER READ AND UNDERSTAND THE FOLLOWING:
For the fee for Implementation Services specified in paragraph 5 of this AGREEMENT, PDSI will train CUSTOMER staffing
administrators on the operation of TeleStaff and will train CUSTOMER on how to configure the TeleStaff system using CUSTOMER
data. The following steps comprise a summary of the TeleStaff Implementation Services. NOTE: This Appendix outlines the
recommended approach to the implementation process, based on POSI's experience with its customers. Because of the highly
configurable nature of TeleStaff, there may need to be changes to the Implementation Process and Services described below. (NOTE:
A PROJECT PLAN DETAILING SPECIFIC CUSTOMER DELlVERABLES, MILESTONES, AND SCHEDULE WILL BE DEVELOPED
BY CUSTOMER AND PDSI DURING THE PROJECT.)
OEPLOYMENT PLAN:
The following tasks are part of the Deployment Implementation Process. When a customer
completes these tasks they will be in production with the TeleStaft Roster and Calendar and will be
able to reap the benefits associated with centralized staffing, audit trails, emergency notifications,
reports, and feeds to down stream systems in following a fast track approach. At the end of this
process,. users will be able to request leave, sign up for overtime, and respond to emergency call
outs via phone, client, or web access.
. Project Initiation: The PDSI Customer Sales Representative transfers all pertinent CUSTOMER information gathered during
the sales process to the PDSI Project Manager (PM). An INTRO CALL 'Nith the PM. Sales Representative, and CUSTOMER
SPONSOR will be held to discuss expectations, and roles and responsibilities. This meeting is to ensure the appropriate
resources are assigned to the CUSTOMER project team and that the scope of the project is accurately defined. A TECH
CALL with the PM and CUSTOMER SPONSOR, LEAD and IT REPRESENTATIVE, will be held to review hardware and
software specifications. If successful implementation is not possible due to hardware or software constraints, this contract will
terminate and CUSTOMER will only be responsible for payment of services rendered as of the date of termination. The PM is
responsible for guiding the CUSTOMER through the implementation process; however, the CUSTOMER is ULTIMATELY
RESPONSIBLE FOR A SUCCESSFUL IMPLEMENTATION, which includes allocating the appropriate resources. Once the
information has been transferred, the PM will send the CUSTOMER an Implementation Welcome Packet containing an
overview of the Implementation Process and information on how to prepare for TeleStaff.
. Project Planning: A PROJECT PLAN CALL with the PM, CUSTOMER SPONSOR and LEAD will be held to create and refine
the project plan. The Project Plan details the specific tasks with due dates, predecessors, and owner. The plan also details
the customer and PDSI deliverables, milestones, and status. After the call, a Project Plan 'Nill be provided to the CUSTOMER.
The Project Plan 'Nill be mutually agreed upon and binding on both parties. The Project Plan shall be completed within two
weeks of contract execution.
. Project Kick-Off: The PM and CUSTOMER Project Team will hold a KICK-OFF CALL 10 review the Project Plan, 'Nith
pa'rticular focus on project scope, objectives, product functionality, project team roles and responsibilities, and a roadmap for
the implementation. Dates for CONFIGURATION TRAINING(S) will be discussed. Lastly, the PM will direct CUSTOMER to
review the training videos and review training manuals which can be downloaded from the TeleStaff website. In order to
understand basic TELESTAFF functionality and terminology, it is imperative that every member of the Project Team reviews
this tutorial BEFORE DATABASE REVIEW. CUSTOMER will provide Dally Detail Roster Sheets before DATA COLLECTION.
. Hardware Setup: Prior to DATABASE REVIEW, CUSTOMER must have TELESTAFF server and software installed and
functional. PDSI will ship any TELESTAFF hardware (that was purchased through PDSI - dialogic telephony cards, dongles,
etc.) to the CUSTOMER and provide the necessary installation documentation.
. Data Collection: This phase begins with a DATA COLLECTION Web Conference call with the PM and the Project Team,
during which the PM will instruct the Project Team to collect, organize, and format pertinent CUSTOMER data for the creation
of the TELESTAFF database. During the call, the PM will review organization structure with the CUSTOMER. The
CUSTOMER will provide the data which the PM will use to create a database.
. Database Review: Once POSt receives all pertinent data from the CUSTOMER, the PM 'Nill create a TELEST AFF database.
The PM and CUSTOMER review the initial database (via Web Conference). The PM will make recommendations to the
CUSTOMER as to how to rework the database to accurately reflect the CUSTOMER organizational structure. The
CUSTOMER will then spend time re.working the database.
. Deployment Configuration: The PM will work with the CUSTOMER via Web Conference calls to perform basic configuration
of TeleStaff, including work codes and rules associated with work code usage. After each call, the CUSTOMER will apply the
acquired knowledge and complete the setup tasks.
. Testing & End-User Training: Once the roster and work codes are configured by the CUSTOMER, rigorous testing must be
undertaken by CUSTOMER. CONFIGURATION TESTING must include testing of all components that the CUSTOMER
needs for Deployment of the roster, calendar, and work codes, which may include: phones, Contact Manager, Line Manager,
Task Manager, E-mail Manager, Fax Manager, and the Gateway (in the case that the system is interfacing with a Third-party
application). After TELESTAFF is installed and CUSTOMER has tested the system and confirmed that there are no problems
with the hardware and software configurations, CUSTOMER will be responsible for creating a test plan to ensure TELESTAFF
is proper1y configured to meet CUSTOMER's individualized requirements and work is satisfactory for acceptance. Customer
will assign super users to test the system, creating test scripts, and conducting any configuration re-work necessary to get the
system ready. CUSTOMER is also responsible for end-user training (including creating a training plan, creating training
documentation, and conducting super-user and end-user training classes).
. Deployment: Deployment is typically in 2 stages: parallel testing for 2 weeks, then full Deployment of the roster, calendar, and
work codes in a production environment throughout the entire organization.
TeleStaff License Agreement Appendix A
Lasl Updaled: 10/12/2010 Page 1 012
CUSTOMER INITIALS:
!/pjJt1f1di.'C He\'ision /)(1(::. OS-"I{):jO
Advanced Con.tlgJJration Plan is PHAS/T2 of implementation. Thesesei-vices"OPRIy',i) seciion 5: of ihe license'~(;{greemenrhas
. . .. . 'included Ihefees a,<socil1''i'd",ilh l'HASE 2 . ... - .. . . . . .... ... .
AOVANCEO
CONFIGURATION PLAN: The following tasks are part of the Advanced Configuration Process. Once the CUSTOMER has
successfully deployed the TeleStaff Roster, Calendar, and Work Codes into a production
environment, they can proceed to the Advanced Configuration Process to add intelligent staffing
functionality to TeleStaff. At the end of this process, staffers will be able to automate intelligent
staffing functionality in TeleStaff.
I
Review Project Scope: PM will work with the CUSTOMER to review project scope and objectives.
Staffing Process Review: PM will instruct the CUSTOMER on how to effectively analyze and document the current process
the department follows in order fill any vacancies that occur. After the staffing diagrams are completed, a call occurs with the
PM and the core Project Team to review the current staffing process. The current process is defined and, if necessary,
revised and standardized within the department. The PM 'Hill create a Project Scope document defining project objectives agreed
upon by both parties. .
. Advanced Configuration Training: CUSTOMER must dedicate appropriate resources to configuration training. The purpose
of the ADVANCED CONFIGURATION TRAINING is to train the CUSTOMER on how to configure for intelligent staffing, have
the CUSTOMER actually configure the data, and begin testing the configuration.
ADVANCED CONFIGURATION - The CUSTOMER will have several Advance Configuration options,
which are detailed below. The PM will work with the CUSTOMER to determine the appropriate resources
to attend ADVANCED CONFIGURATION TRAINING. During this these session(s), the PM will work with
the CUSTOMER to configure the CUSTOMER data base with more advance features of TeleStaff.
ADVANCED CONFIGURATION OPTIONS: All on-site classes are a maximum of 5 days in duration
Option A: at PDSI's training facility in Irvine, CA on customer's production DB
Option B: at PDSl's training facility in Irvine, CA on customer's test DB
Option C: al customers' location using customer's production or test DB
Option D: held via a series of web-conferences on customer's production or test DB
Option E: at PDSl's training facility remotely connected to customer's production or test DB
. Testing and Training: Once TELESTAFF is fully configured by CUSTOMER, rigorous configuration testing must be
undertaken by CUSTOMER. CONFIGURATION TESTING must include testing of all components that CUSTOMER needs for
Go-Live, which may include: phones, Contact Manager, Line Manager, Task Manager, E-mail Manager, Fax Manager, and
the Gateway (in the case that the system is interfacing with a Third.party application). CUSTOMER will be responsible for
creating a test plan that ensures TELESTAFF is properly configured to meet CUSTOMER's indi.vidualized requirements,
assigning users to test the system, creating test scripts, and conducting any configuration re-work necessary to get the system
ready. CUSTOMER is also responsible for any additional training (including creating a training plan, creating training
documentation, and conducting super-user training classes). The PM will be available to support this process for the
CUSTOMER.
. Production with Advanced Functionality:' PM and PROJECT TEAM will review the PDSI TeleStaff Help Desk procedures.
From this point forward, the Help Desk will be the first point of contact for technical issues with TELESTAFF.
TeleStaff License Agreement Appendix A
Lasl Updated 10/12/2010 Page 2012
CUSTOMER INITIALS:
Appendix B - Annual Service and Support
~Normal Business Hoursft are 6:00 AM through 6:00 PM (Pacific Standard Time), Monday through Friday, excluding
holidays and other office closures (notification of which will be provided to CUSTOMER).
All Software Errors reported by CUSTOMER shall be resolved as set forth below. Initial response by PDSI will be based
upon CUSTOMER's full description of the problem. Resolution response will be based upon the priority assigned by PDSI
as defined below. If CUSTOMER determines that a Software Error exists, CUSTOMER shall notify PDSI through PDSl's
web portal (htto:/lslxweb.Ddsi-software.com/), providing the exact verbiage from error messages, screenshots showing
details, and any other information relevant to giving an accurate description of the error. The ticket number generated by
the portal shall be used for all subsequent inquiries relating to the original problem. Please contact your Customer
Account Manager for a unique login 10 and password. Outside of Normal Business Hours, CUSTOMER will open a ticket
through the Web Portal then notify PDSI of the problem by telephone. Telephone notification will be made to PDSI's
support line at (866) 324-1598.
The main support line will be answered either by a PDSI representative or an automated attendant at all hours. During
Normal Business Hours, each trouble report by phone will be assigned a support ticket number and updates will be
entered through the Web Portal. The call will be handled according to the priority assigned by PDSI. In the case of
priority-one problems, as noted below, CUSTOMER may be able to speak directly to a TeleStaff Support Representative if
one is available. Outside of Normal Business Hours, Priority 1 support, as described in this appendix, will be made
available through.a pager system. The phone number is 866-324-1598. Priority 1 support is available 24 hours per day,
7 days per week to CUSTOMER's with a LIVE status. All other problems will be handled through updates to the ticket,
which generate an email or a callback. If requested or so stipulated in the response time criteria below, a PDSI
representative will return the call or e-mail in a manner consistent with the priority and order in which the call was
received. CUSTOMER shall make every effort to respond to PDSI in a timely fashion when requests are made to follow-
up calls or additional documentation on the reported problem.
Priority One
Priorities are assigned as follows:
~
24 hours/day, 7 dayslweek
A critical software error ili"at severely impacts the ab~ity ofCU5TOMER to perform ALcauiomated staffing functions
(TeleStaff is down). This level of priority is only available to CUSTOMER's that are using TeleStaff in a production
"."_ ._____~m _ __~_j_~nvi~D!J~!y~~~co~n_t~_9~~'()..
During Nonnal Business Hours, immediate response if a Support Representative is available. Otherwise, PDSI will
respond within one hour. Outside of Normal Business Hours (including holidays), PDSI will respond with a call back
within two hours. All responses will be provided through the Web Portal (email) or by callback.
PDSI will work aggressively to provide-CUSTOMER-Witha wOrkaround solution or to completely resolve the
Resolution Response:
+_J:!~9~!.~!!';.."___, ___.
i It is the responsibility of CUSTOMER to alert PDSI of possible Priority-One issues by calling POSI at 866-324-1598.
PDSI will update CUSTOMER of progress frequently during problem resolution and notify CUSTOMER once the
workaround has been provided or the problem has been resolved.
Hours of Availability: Monday through Friday, 6:00 AM to 6:00 PM, Pacific Standard Time.
,--,,-~-~~~~--~~~~---- --------"---~-~-
I A non-critical software error, which prevents the user from performing a data entry or system administration function.
: These do not include cosmetic, documentation, or reporting problems. These also do not include questions or
~ inquiries regarding the operation of the software or its installation and training.
f During Normal Business Hours, PDSI will resPC;~d ";thi~thr~ hOurs-, Outside of Norm~1 Business Hours (including
I holidays), POSI will respond by the next business day. All responses will be provided through the Web Portal (email)
__+ orbycallba~~ _~_______ __________ _ _.____u __________.
! PDSI will provide a workaround for CUSTOMER when possible. PDSI will provide a problem resolution in the form
Resolution Response:
of an Upgrade or modification !o the Softwa~e--.!:' ~~ ~coming Update.
PDSI will notify CUSTOMER when a workaround has been provided or the problem has been resolved.
~ Ho:!~~~~ilability:
Description:
Initial Response:
Notification:
Priority Two
Description:
Initial Response:
Notification:
Priority Three
Hours of Availability:
Monday through Friday, 6:00 AM to 6:00 PM, Pacific Standard Time.
.t/PIJt~/I(Ii."( Rt'Fis;(llJ {lafe" 08//6:/0
Description:
All other software or documentation errors not described above. These include but are not limited to:
I
Reporting errors or calculation problems
Documentation inaccuracies
Cosmetic issues
Misspellings
Product Enhancement requests
Questions or inquiries relating to TeleStaff Software functionality, system administration or installation
PDSI will respond 10 these items if specifically requested to do so at the time of the request. If a reply is requested,
PDSI will respond within one Business Day.
Initial Response:
Resolution Response:
PDSI will correct documentation errors in upcoming releases of the documentation.
Notification:
If requested, PDSI will notify the CUSTOMER when a workaround has been provided or the problem has been
resolved.
Appendix B - Annual Service and Support Continued
TeleStaff Enhancements
The TeleStaff version number consists of three numbers that define the type of product release.
The format of the TeleStaff version number is:
Version X.YZ where
I Changes in X represent a significant change in product functionality (Major Release)
Changes in Y represent an enhancement to the product that increases functionality within
the existing Major Release and is typical of an evolving product (Enhancement Release)
. Changes in Z represents a minor change to the program to accommodate a software
error or cosmetic change (Update Release)
Under the TeleStaff Service and Support plan. CUSTOMERs will receive Update Releases and
Enhancement Releases as they become available at no additional charge. Major Releases wili
be available for an additional fee.
4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Housin~ Commission
December 7, 2010 Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb@ashland.or.us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of James Dills to the Housing
Commission with a term to expire April 30, 2012?
Staff Recommendation:
None
Background:
This is confirmation by the City Council on the Mayor's appointment to the Housing Commission on
application received, .
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020.
Council Options:
Approve or disapprove Mayor appointment of James Dills to the Housing Commission.
Potential Motions:
Motion to approve appointment of James Dills to the Housing Commission with a term to expire April
30,2012,
Attachments:
Application received
Page I of 1
~~,
CITY OF
ASHLAND
APPLICA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christebilpashland.oLus. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: (Christopher) James Dills
Requesting to serve on: Housing Commission
Address: 797 Park Street, Ashland, Oregon 97520
Occupation: Student! Grocer, Ashland Food Cooperative (2005 to present)
Phone: Home (541) 941-5967 Work (54]) 482-2237
Email: jamesdills4@gmail.com '
I. Education Backl!round
What schools have you attended?
Santa Barbara City College, Southern Oregon University
What degrees do you hold?
Associate of Arts, Applied Communications; I will receive a Bachelor of Science in
Outdoor Adventure Leadership from Southern Oregon University in June of20] I.
What additional training or education have you had that would apply to this position?
In the fall of 2008, I completed construction of my first home through,the Rogue
Valley Community Development Corporation (now Groundworks). As a participant in an
affordable housing program, ] am uniquely qualified to offer insight into housing issues
in Ashland.
2, Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
My work as a peer advisor for Santa Barbara City College exposed me to the issues
that traditionally disadvantaged students face, such as affordable housing. Also, ] have
volunteered extensively with the homeless population, including work with homeless in
Portland through Southern Oregon University's Alternative Spring Break.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why?
Further training and education can be of great benefit in the field of housing.
Whenever there is an opportunity to get a greater perspective on an issue as important as
housing it should be taken. The housing issue is one of national proportion, and we can
gain insight by seeing how similar communities handle the issue.
3, Interests
Why are you applying for this position?
. want to see Ashland be a place where our teachers and young families can afford to
live. There are people who enrich our community with their service and expertise, but
have to commute from far distances because housing is financially prohibitive,
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes,' am flexible and willing to prioritize my involvement with this committee.
Evening meetings work well for me.
5. Additionallnformation
How long have you lived in this comrrlunity?
. have lived and worked.in Ashland for more than 5 years.
Please use the space below to summarize any additional qualifications you have for this
position,
My interest is in seeing our community open to a diverse mixture of ages,
backgrounds, talents, and skills. Assets to our community, such as teachers, are unable to
buy homes here because they are too expensive. We are making tangible progress, such
as the Mutual Self Help Housing project I was part of. . would like to see these strides
continue.
I am determined to see Ashland become a model for small town housing success. My
involvement on the Boards of non-profit organizations such as Ashland CarShare and
Provender Alliance have equipped me with problem solving skills and group work that'
will carry with me should' be appointed.
Thank you for the chance to apply for the City of Ashland Housing Commission. .
hope to work with you as we find creative solutions to our housing needs.
October 15,2010
James Dills
~.l'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Transportation Commission
December 7, 2010 Primary StaffConlact: Barbara Christensen
City Recorder E-Mail: christeb@ashland.or.us
Mayor's Office Secondary Contact: Mayor Stromberg
Martha Benne Estimated Time: Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Corrine Vieville to the
Transportation Commission with a term to expire April 30, 2013? .
Staff Recommendation:
None
Background:
. This is confirmation by the City Council on the Mayor's appointment to the Transportation
Commission on application received. -
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2,17,020
Council Options:
Approve or disapprove Mayor appointment of Corrine Vieville to the Transportation Commission.
Potential Motions:
Motion to approve appointment of Corrine Vieville to the Transportation Commission with a term to
expire April 30, 2013.
Attachments:
Application received
Page I of 1
~~,
CITY OF
ASHLAND
APPLlCA TION FOR APPOINTMENT TO
CITY TRANSPORT A TION COMMISSION
Please'type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chrislcb(ivashtand.llf.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
Name: Corinne Vieville
Requesting to serve on: Transportation Commission
Address: 805 Glendale Ave, Ashland, OR97520
Occupation: Executive Director, DUDE, Disabled United in Direct EmpowennentPhone:
Home 541-488-9300
Work 541-944-9600
Email Corinne@mind.net
I. Education Backeround
What schools have you attended?
What degrees do you hold?
What additional training or education have you had that would apply to this position?
Special Education MA Program, Specialization Rehabilitation Teaching, SFSU 1999
Transition and Employment Specialist / Vocational Special Education Certificate, SFSU
Rehabilitation Teaching Certificate, SFSU
Orientation and Mobility Credential, SFSU
Credential Elementary Education, Specialization Visually Handicapped, SFSU 1974
BA Degree, SFSY, Summa Cum Laude 1973
AA Degree, Diablo Valley College, Pleasant Hill, CA GPA: 3.96 1971
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Board Member, Rogue Valley Transit District Special Transportation Advisory Committee, 2000-
present
Vice-Chair, Coordinated Human Services Transportation Working Group, 2007-present
CBS TV, 60 Minutes, Demonstrated use of Talking Signs as an example of access technology. 1998
MSNBC TV, The Site, Demonstrated orientation and mobility techniques using Talking Signs. 1997
Office of the State Fire Marshal, Emergency Evacuation Information Task Force, Contribute to writing
regulations and procedures for evacuating public buildings focusing on people with disabilities, State
Fire Marshals Code. 1997-1999
City and County of San Francisco Department of Public Works, Disability Access Committee,
Participate in developing policy and making recommendations for implementation. 1997-1999
Student Teaching in Orientation and Mobility, San Francisco Unified School District
1997
Student Teaching in Orientation and Mobility, California Orientation Center for
the Blind, Albany 1997
Chairperson, Accessible Services Committee, Contra Costa County Transit Authority, Review and
advise local transit providers on matters concerning the disabled and elderly, assist with publicity,
outreach and public hearings. 1990-1999
Representative from Central Contra Costa County to the Para-Transit Coordinating Council, Sit on this
Board with nine local transit operators and other agencies, disabled and elderly representatives. Review
and make policy recommendations and determine allocation of funds to the transit operators throughout
the County. 1994-1999
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes, I feel it is important to stay current and
well informed in order to contribute to good decision making.
~.l'
3. Interests
Why are you applying for this position?
Both through my professional as well as my personal education and experience, I have acquired a
broad and diverse base of knowledge of and sensitivity to the disability field.
I choose to live in Ashland because I can easily walk or take the bus to carry rut my daily
business independently. I am an integral part of the local Disability Community and familiar with
the challenges of access and transportation faced by people with disabilities in Ashland.
Since my arrival in Ashland I have been actively involved with several committees of the Rogue
Valley Transportation District, concerned with both para- transit and fixed route systems.
I am very interested in Ashland's Transportation System Plan and would like to contribute a
perspective from those with disabilities.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, I will be available to attend special
meetings, either day or evening.
5. Additionallnformation
How long have you lived in this community? II years, since June of 1999
Please use the space below to summarize any additional qualifications you have for this
position
I have had over 30 years experience teaching and counseling blind adults and youth. I have
excelled academically, graduating Summa Cum Laude from San Francisco State University in
1973, with a B.A. degree in Psychology. I also completed an Elementary Education Teaching
Credential with specialization in Visually Handicapped at SFSU in 1974.
While attending SFSU I was involved in the establishment of the Disabled Students Services
Program and became Assistant Director. I provided support services, peer counseling and
mentoring to a large disabled student population including students with visual impairments,
physical and mobility impairments, deaf and hard of hearing, learning disabilities, and psychiatric
disabilities.
In the early 1970's, I worked with Rose Resnick at the California League for the Handicapped,
San Francisco, in several capacities. I provided adjustment counseling to newly blinded adults,
both on an individual basis and in a group setting. I assessed clients' abilities and designed
individualized curricula to teach adaptive skills in the clients' home. I also developed a Saturday
recreation program for blind young adults, incorporating socialization and independent living
skill building.
I co-authored a grant to establish an Independent Living Program (ILP) in Pleasant Hill,
California, providing community support, independent living skills and adjustment counseling to
adults and youtb with disabilities. I was the Director of this program from 1975 to 1977. I
provided direct client services and supervised cross disciplinary team staffing to review medical,
psychological, audiological, and ophthalmological reports to determine the extent of primary and
secondary disabilities, and developed individualized strategies for client success. In addition, I
performed administrative duties, kept required case file documentation, prepared monthly" reports,
and managed the agency budget.
I was also a delegate to the White House Conference on the Employment of the Handicapped
in 1976. ] helped draft regulations for Section 504 of the Rehabilitation Act in 1977.
I chose to take time from my career to raise a family. My husband and I moved to the country
where I started a goat dairy and home schooled my 4 children. During this time I became
involved in local and eventually state politics when a landfill company decided to build a garbage
dump at the foot ofMt. Diablo State Park, across from our family farm. I coordinated a
successful countywide campaign to put an initiative on the ballot.
This led to the discovery that there was discriminatory language in the State Election Code,
which prevented blind persons from collecting signatures on petitions. I worked with the
Secretary of State's Office to make the necessary changes to the California Election Code,
eliminating the discriminatory language. This became a turning point in my life.
As a result of my increased involvement in the community and awareness of blind and disabled
issues, I decided to do something to make a difference. My particular interests were in teaching
skills and developing attitudes that would lead to independence and the self-esteem necessary for
the transition to job acquisition by people with disabilities. To achieve this goal, I enrolled in the
graduate program at SFSU to obtain a Masters Degree in Special Education with emphasis on
Employment and Transition, Rehabilitation Teaching, and Orientation & Mobility.
As a part of my graduate studies, I traveled back east to observe several agencies for the blind
such as the Maryland School for the Blind, Helen Keller International Center on Long Island, The,
Seeing Eye in New Jersey, Perkins School for the Blind in Boston, and the Louisiana Center for
the Blind, established and run by the blind.
The week that I spent observing at the Louisiana Center was invaluable. It helped me with ideas
and strakgies for teaching and monitoring students as a blind 0 & M instructor. But most of all it
helped me sort out and reconcile my philosophy so that I could be a stronger advocate. As a
consumer and professional, I have been able to see the issue from both sides and have always
been convinced the incorporation of a 'can do' philosophy in Rehabilitation Programs is
imperative.
I became the first totally blind, university trained and certified Orientation and Mobility
instructor. I have always been proud of this accomplishment! I taught Orientation and Mobility
skills to pre-school through high school age visually impaired students for the San Francisco
Unified School District, and adults with visual impairments at the California Orientation Center
for the Blind. In these positions I counseled students and their families, newly blinded adults,
taught ADL skills, delivered specialized rehabilitation instruction on adaptive skills for
employment and independent living for clients, reviewed medical records, assessed physical
ability, leaming ability, tactual perception, memory, conceptual development, attitude, and
motivation and developed teaching strategies.
While taking classes at SFSU, ] was involved in many community service activities
concerning disability issues. I presented at workshops on Tactile Graphics, Braille Literacy, and.
issues related to becoming a blind Orientation and Mobility instructor. I appeared on MSNBC
TV, The Site, and CBS TV, 60 Minutes, Demonstrating orientation and mobility techniques using
Talking Signs. I facilitated a Job Seekers Support Group for adults with visual impairments at the
Rose Resnick Lighthouse San Francisco, and taught job seeking skills that promote healthy
attitudes about blindness and independence.
In addition, I began working in the field of adaptive technology, doing training and equipment
sales for several companies: ReproTronics Jne, Sighted Electronics Jne, Adaptec, CustomEyes
Computer Systems, Accessability Inc, Enable Man, Next Level Assistive Technology, Oregon
Commission for the Blind, Oregon Vocational Rehabilitation Services, California Depanment of
Rehabilitation, Texas Commission for the Blind, and the Federal Government.
My children and I moved to Oregon in 1999. I continued to work in the field of rehabilitation
and adaptive technology. I taught classes in adaptive technology at Southern Oregon University
and Rogue Community College, set up an.adaptive technology lab, taught high school classes in
hardware and software configuration and trouble-shooting. I also worked locally as an Adaptive
Technology Specialist.
In the spring of 2005, I assisted in the development, implementation and evaluation of
curricula for the Senior Retreat, a pilot program of the Oregon Commission for the Blind in
collaboration with the National Federation of the Blind of Oregon. I mentored seniors with visual
impairments in the areas of Communication, ADL, Cane Travel, and Adaptive Technology.
I was hired by DASIL (Disability Advocacy for Social and Independent Living) in 2005, as
pan of a special grant to assist the Director. I performed administrative duties, wrote grants,
restructured file and record keeping systems, supervised employees, directed program
development and staff training, installed and maintained a secure computer network, acted as a
liaison to community panners, counseled clients with varying disabilities, reviewed medical
repons to determine clients' abilities and planned goals for independent living.
I created my own consulting business called "All Things Accessible". I provide a multitude of
services, technical suppon and personal training for adaptive and mainstream technology, job site
evaluation and equipment assessment, Braille and altemative format production, Reltabilitation
teaching and Orientation and Mobility training.
I have a cenificate in Accessible Information Technology from EASI (Equal Access to
Software and Information), am a cenified Access Technology Trainer for the State of Texas, and
have taken the MOS (Microsoft Office Specialist) training through Project Assist with Windows.
In 2008, I became the Executive Director of DUDE, Disabled United in Direct Empowerment.
In this role I manage the finances, write grants, conduct fund raising events, produce a monthly
TV show on Rogue Valley Community TV, represent DUDE on various committees, prepare
educational materials promoting people with disabilities for the public and potential employers. I
am always ready to assist with unexpected issues that may jeopardize the quality of life for people
with disabilities.
lOIl51l 0
Date
Corinne Vieville
Signature
~...
IF.. 11
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Tree Commission
November ]6,20]0 Primary Staff Contact:
City Recorder E-Mail:
Mayor's Office Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
chri ste bialash I and ,or. us
Mayor Stromberg
Consent
Question:
Does the City Council wish to confirm the Mayor's appointment of Tracy Peddicord to the Tree
Commission with a term to expire April 30,20] 3?
Staff Recommendation:
None
Background:
This is confirmation 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. I 7.020
Council Options:
Approve or disapprove Mayor's appointment of Tracy Peddicord to the Tree Commission.
Potential Motions:
Motion to approve appointment of Tracy Peddicord to the Tree Commission with a term to expire
April 30,2013,
Attachments:
Application received
Page 1 of I
~... ,
RECEIVED C IT Y 0 F
OC1112111O ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email christeb(a)ashland.or.us. I f you have any questions,
please feel free to contact the City Recorder at 488-5307. Attach additional sheets if
necessary.
feldt'conl
Trf e (() /'( M , ~s I ~tI (Commission/Committce)
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What additional training or education have you had that would apply to this position?
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approva]:
Stormwater and Wastewater Master Plan Updates
Technical Review Committee Member Selection
November ]6,20]0 Primary Staff Contact: Michael R. Faught
Public Works E-Mail: faughtm@ash]and,oLus
N/ A Secondary Contact: Pieter Smeenk
Martha Benne Estimated Time: Consent
Question:
Does the Council have questions about the Mayor's at large and Council liaison committee member
selection for the Ash]and Stormwater Technica] Review Committee (STRC) and the Ash]and
Wastewater Technica] Review (WTRC) Committee for each of the respective Master Plan updates?
Staff Recommendation:
The Mayor and staff recommend that the Council approve the Mayor's at large and Council liaison
committee member selection for the Ash]and Stormwater Technica] Review Committee and the
Ash]and Wastewater Technica] Review Committee for each of the respective Master Plan updates.
Background:
Stormwater Master Plan
Kennedy Jenks consultants, the firm chosen to complete the Stormwater Master Plan update
commenced this project severa] years ago; however, the scope of study for the plan was expanded on
March 2, 20] 0 to include preparation of a comprehensive financial and operational program and
organization of a public engagement program.
As a function of this expanded scope it was recommended that a Stormwater Technical Review
Committee STRC be formed to provide review and direction, including level of service goals, It is
important that the committee provide a balance of technical knowledge as provided by City staff, as
well as a broader based, non-technical viewpoint to be provided by citizens and Council members. To
that end, the Mayor is recommending appointment of the three at large committee members, If
approved, the nine member STRC committee members include the following organizations and/or
citizens:
. Public Works, Engineering Division
. Public Works, Street Division (2)
. Water Conservation Analyst, Conservation Division
'. Parks Department
.. Community Development
\. At Large Member (Chamber of Commerce), Meiwen Richards
\. At Large Member, Melanie Mindlin
~. At Large Member, Joe Graf
\. Council Member, David Chapman
Page I of2
~~,
CITY OF
ASHLAND
Wastewater Master Plan
Keller and Associates was the Consultant selected to complete the Wastewater Master Plan update.
While the work has begun (focused on the membrane replacement strategy and time sensitive effluent
temperature solutions), the TRC membership at large and Council liaison appointments have yet to be
completed. To that end, City staff representatives to the Technical Review Committee (TRC) have
been selected and the last step in the process is Council approval of the Mayor's at large committee
and Council liaison TRC member selection, If approved, the TRC will be comprised of the following
organizations and/or citizens:
1. Ashland Public Works Director
2, Engineering Technician
3. Ashland Public Works Superintendent
4. Ashland Wastewater/Reuse Supervisor
5, Ashland Wastewater Collections
6, Ashland Wastewater Treatment Plant Supervisor
7. Ashland Water Quality Conservation Analyst
8, Parks Department
9. Medford Regional Water Reclamation Facility Superintendent, Dennis Baker
10. Environmental, Leslie Adams
11, At Large Member (Chamber of Commerce), Meiwen Richards
12, At Large Member, Jeff Heglie
13, At Large and Council Membor, Kate Jackson
14, Council Member, Russ Silbiger
Council Options:
(I) The Council could decide to approve the Mayor's Stonnwater and Wastewater at large and Council
liaison Technical Review Committee Appointments,
I
(2) The Council could decide to modify ( ) the Mayor's Stonnwater and Wastewater at large
and Council liaison Technical Review Committee Appointments.
Potential Motions:
(I) Move to approve the Mayor's Stonnwater and Wastewater at large and Council liaison Technical
Review Committee Appointments.
(2) Move to modify ( ) the Mayor's Stonnwater and Wastewater at large and Council liaison
Technical Review Committee Appointments.
Attachments:
None
Page 2 of2
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Request to Authorize a Competitive Sealed Proposal
for Telecommunications and Computer Services
November II, 20 10 Primary Staff Contact: Rob Lloyd
Information Technology E-Mail: 1I0vdr@ashland.or.us
Administrative Se ces Secondary Contact: Kariann Olson
Martha Benne Estimated Time: 10 Minutes
Statement:
Will the City Council, acting as the Local Contract Review Board, authorize a Competitive Sealed
Proposal/Request for Proposals (RFP) for telecommunications and computer services for AFN?
Staff Recommendation:
Staff recommends City Council authorize the solicitation to begin and the RFP be released after final
reviews.
Background:
A multi-award master contract for vendors providing telecommunications and computer services was
approved as part of the Information Technology Department's Strategic Business Plan for Ashland
Fiber Network, Once awarded, the procurement vehicle will allow AFN to add new services via
vendors under task orders. The master contract includes Internet connectivity providers and will
replace the contract with current ISPs that expired in 2009. ISPs would continue to operate on month-
to-month agreements until the contract and task orders are in place.
IT staff requests authorization to begin the RFP process to procure vendors to provide new and
innovative technology services for the City's telecommunications utility,
Related City Policies:
Section 2.50.08 Formal Processes - Competitive Sealed Bidding and Proposals.
Except as otherwise expressly provided herein, in addition to the requirements of the Model Rules and
the Oregon Public Contracting Code:
C. The Local Contract Review Board shall authorize solicitations of competitive sealed bids and
competitive sealed proposals.
Council Options:
The Council, acting as the Local Contract Review Board, can authorize or decline the Competitive
Sealed Proposal solicitation for telecommunications and computer services for AFN.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to authorize (or decline) the
Competitive Sealed Proposal/Request for Proposals solicitation for AFN telecommunications and
computer services.
Attachments:
Public Notice portion of draft RFP
Page I of 1
~~,
PUBLIC NOTICE
~
r~
Request for Proposals
Telecommunications and Computer Services
Proposals are due prior to 2:00PM (PST), Wednesday, December 6, 2010
The City of Ashland's Ashland Fiber Network (AFN) division is seeking proposals from qualified companies
interested in selling telecommunications and computer services to customers in the community through the
telecommunications utility. This is a multi-award solicitation and awarded vendors will function as
independent providers whose services are sold through AFN. AFN will set and manage service level
requirements, help generate sales for vendors, and be compensated by vendors for business generated.
Services will be rendered by awarded vendors under task orders issued by AFN. Four major service
categories are defined for this solicitation:
. Internet Connectivity-Service category for vendors interested in reselling AFN's internet
connectivity products to local residences and businesses for a sales margin. Two options exist under
this category:
o Yendor Partners opt to work closely with AFN to cooperatively market products, emphasize
the relationship in sales and branding, and accept AFN incentives to generate new sales and
overall customer growth. Yendors under this relationship share a mutual ownership of
customers with AFN and are allowed direct access to additional AFN tools and staff
resources in return.
o Resale Vendors opt to purchase AFN products and resell them under their own brands with
no cooperative marketing, incentives, or required data sharing. They may move their
customers to alternative products with sixty days notice to AFN.
. Technology Support-Service category for vendors interested in offering computer and computer
network support for local residents and businesses via telephone, online, and on-site access. Services
types include network setup and troubleshooting, support of PC and printer issues, recovering from
malware, computer security services, and smartphone setup and problem resolution.
. Telephony-Service category for vendors interested in providing voice over internet protocol (YOIP)
telephone and unified communications services primarily to local businesses and residents. Services
types include single- and multi-line office telephone solutions with quality of service and advanced
features, home telephone service, long distance packages, and alarm systems for homes and offices. '
. IT Solutions-Service category for vendors interested in offering for-fee online technology services
that AsWand citizens and businesses would be interested in purchasing. Services types for this broad
category include the following:
o Energy Management-Home or business location energy utilization monitoring and
management. ;
o HostinglBackup/Storage-Companies providing website hosting, online backup, and/or
online data storage.
o Business Solutions-Companies offering turnkey business application services such as
software and website development, application and website hosting, online store
development and hosting, and online marketing.
AFN's physical plant has approximately 8,500 serviceable addresses in Ashland, Oregon. For over ten years,
AFN has sold internet and television service to local residences and businesses, primarily through vendors.
RFP - Television Services, October II, 20 I 0, Page I or 5
This RFP aims at broadening the number and types of services the municipal telecommunications utility can
offer, so as to grow the number of businesses and citizens benefiting from the utility's operations.
Proposals will be evaluated based on the qualifications of vendors, acceptance of AFN's minimum terms and
conditions, and acceptance of the terms of the task order process and requirements. The City and its AFN
division will issue task orders for the services described exclusively to the awarded vendors ofmis RFP. At
their election, awarded vendors may submit responses to task orders issued.
AFN will assign task orders to awarded vendors on the basis of how offerings proposed match the description
of services, schedule, and statement of work issued, including the vendor's proposed pricing, support
capacity, and revenue sharing. Proposers are also free to also suggest additional and alternative services AFN
should consider issuing a task order for that would meet emerging customer demand.
For any new service rendered by successful proposers and not offered by AFN at the time of inception, AFN
will warrant that it will not create a competing service to sell directly to customers for no less than twelve
(12) months from the service start date noted on the respective AFN task order.
The City of Ashland's intent is to award contracts for five years. Maintaining a valid City of Ashland
business license will be a mandatory requirement throughout the term of the contract.
This Request for Proposals is intended to provide interested companies with sufficient information to prepare
and submit a complete proposal in response to this RFP.
SUMMARY OF REOUIREMENTS:
Categories. Internet Connectivity--
Vendor Partner
Qualifications
Vendor must have appropriate
insurance for services rendered.
Capacity to receive customer requests
and respond via online and telephone
mediums.
Staff with adequate expertise in
Windows and Macintosh networking
to support connecting users to the
Internet via AFN.
If offering ernaiI to customers, must
have the expertise and infrastructure to
provide secure email with spam and
malware prevention.
Ability to market and sell
telecommunications services.
Ability to accurately service and bill
customer accounts.
Must have adequate financial reserves
to pay bills on-time-- equivalent to at
least three months average payments to
AFN.
Internet Connectivity--
Resale Vendor
Vendor must have appropriate
insurance for services rendered.
Capacity to receive customer requests
and respond via online and telephone
mediums.
Staff with adequate expertise in
Windows and Macintosh networking
to support connecting users to the
Internet via AFN.
If offering email to customers, must
have the expertise and infrastructure to
provide secure email with spam and
malware prevention.
Ability to market and sell
telecommunications services.
Ability to accurately service and bill
customer accounts.
Must have adequate financial reserves
to pay bills on-timen equivalent to at
least three months average payments to
AFN.
Performance
To ensure positive customer
experience, vendor must only sell
andlor distribute cable modems that are
authorized for use on the AFN
network.
Vendor must provide customer
information to AFN regarding non-
paying customers for use by other
vendor partners.
RFP - Television Services, October 11,2010, Page 2 or 5
To ensure positive customer
experience, vendor must only sell
and/or distribute cable modems that
are authorized for use on the AFN
network.
Vendor must provide customer
information to AFN regarding non-
paying customers for use by other
vendor partners.
AFN services are billed monthly.
Vendors must ensure payment for
services are received by the City
within thirty days of the close of a
month.
Access to phone and online support
must meet required thresholds of
Monday through Sunday, from at least
8 AM until 8 PM, minus State of
Oregon holidays and other dates
approved by AFN.
In periodic customer service surveys,
vendors must acHieve a level of;:::75%
of customers rating the vendor's
services as "Good" to "Excellent"
Vendor accepts all liability for the
work they perfonn and the
employment status of their employees.
AFN services are billed monthly.
Vendors must ensure payment for
services are received by the City
within thirty days of the close ofa
month.
Access to staff via phone and online
support must meet required thresholds
of Monday through Sunday, from at
least 8 AM until 8 PM, minus State of
Oregon holidays and other dates
approved by AFN.
In periodic customer service surveys,
vendors must achieve a level of;:::75%
of customers rating the vendor's
services as "Good" to "Excellent"
Vendor accepts all liability for the
work they perfonn and the
employment status of their employees.
Categories
IT Solutions
Technology Support
Telephony
Qualifications
Performance
Vendor must have
appropriate insurance for
services rendered.
Expertise in Windows
and/or Macintosh
operating systems,
networking, and malware
software. Certifications
are desired, but not
required.
Specific expertise in
popular productivity
software. Certifications
are desired, but not
required.
Payment for business
generated by AFN shall be
paid monthly and are due
within thirty days of the
close of the month.
Regular access to staff via
phone, online, and on-site
support should meet
thresholds of Monday
through Friday, from at
least 8 AM until 5 PM,
minus State of Oregon
holidays and other dates
approved by AFN. Other
schedules may be
proposed and approved.
Vendor must have
appropriate insurance for
services rendered.
Vendor must have
appropriate insurance for
services rendered.
Vendor must possess a
telephone switch with
capacity and functionality
to offer services that meet
stated performance
requirements.
Vendor must maintain a
staff with the expertise to
maintain and support
telephone services.
Payment for business
generated by AFN shall be
paid monthly and are due
within thirty days of the
close of the month.
Telephone system uptime
and redundancy must meet
or exceed 99.90%
. availability.
RFP - Television Services, October II, 2010, Page 3 or 5
Vendor must have
appropriate insurance for
services rendered.
Vendor must have
appropriate insurance for
services rendered.
Vendor must possess a
means of offering hosting
and/or development
services that meet stated
performance requirements.
Veodor must maintain a
staff with the expertise to
maintain and support
business systems services.
Payment for business
generated by AFN shall be
paid monthly and are due
within thirty days of the
close of the month.
Business solution uptime
and redundancy must meet
or exceed 99.90%
availability.
Emergency access to staff
via phone, online, and on-
site support should meet
thresholds of Monday
through Sunday, from at
least 8 AM until 8 PM,
minus State of Oregon
holidays and other dates
approved by AFN. Other
schedules may be
proposed and approved.
In periodic customer
service surveys, vendors
must achieve a level of
:::75% of customers rating
the vendor's services as
"Good" to "Excellent"
Vendor accepts all liability
for the work they perform
and the employment status
of their employees.
V oicemailloss rate must
not exceed .5% of all
voicemails per annum.
In periodic customer
service surveys, vendors
must achieve a level of
:::75% of customers rating
the vendor's services as
"Good" to "Excellent"
Vendor accepts all liability
for the work they perform
and the employment status
of their employees.
Access to phone and/or
online support must meet
required thresholds set by
task order.
In periodic custorper
service surveys, vendors
must achieve a level of
:::75% of customers rating
the vendor's services as
"Good" to "Excellent"
Vendor accepts all liability
for the work they perform
and the employment status
of their employees.
MANDA TORY MINIMUM QUALlFICA nONS AND TERMS
Proposers will be required to acknowledge understanding and acceptance of the Mandatory Minimum
. Qualifications and Terms as detailed in Section 3 (Page 16) ofthe RFP.
VOLUNTARY PRE-PROPOSAL CONFERENCE
All potential proposers are invited, but not required to attend the Voluntary Pre-Proposal Conference.
The Voluntary Pre-Proposal Conference will consist ofa walk-through of the AFN facility, presentation of
historical customer counts and network maps attached as Exhibit &&, a discussion of how the multi-award
master contract and task order process will work, and an opportunity for potential proposers to ask questions.
Verbal statements made by the City of Ashland representatives at the Voluntary Pre-Proposal Conference do
not change the RFP document unless the City of Ashland confirms such changes with a written addendum to
the RFP document.
The Voluntary Pre-Proposal Conference is scheduled for the following date and time,
r' .
Day & Date November ##, 2010 . .
Time: 2:00 PM
Location: City of Asbland, Service Center, 90 N, Mountain Ave
RESPONDING TO THE PROPOSAL:
The Request for Proposals may be reviewed at the City of Ashland Purchasing Office, located at 90 N.
Mountain A venue, Ashland, OR 97520. For a copy of the Request for Proposals and requirements, please
contact the Purchasing Representative at (541) 488-5354. All questions and inquiries regarding this RFP
must be directed to the Purchasing Representative, Kari Olson.
Sealed Proposals must be received prior to 2:00PM (PST). Wednesdav. December ##. 2010 by Kari Olson,
Purchasing Representative of the City of Ashland. Proposals must be delivered to the City of Ashland
Purchasing Office, located at 90 N. Mountain Avenue, Ashland, OR 97520. The proposals will be opened at
2:00PM (PST), Wednesday, December 6,2010 and only the identity of each proposer will be released at that
time.
Kari Olson
Purchasing Representative
City of Ashland
RFP - Television Services, October 11,2010, Page 4 or 5
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
City Attorney Recruitment
November 16, 2010 Primary Staff Contact:
Administration E-Mail:
Secondary Contact:
Martha J. Benn Estimated Time:
Martha J. Bennett
bennettm@ashland.or.us
Tina Gray
10 minutes
Question:
What direction does the City Council have for staff on the recruitment process for a new City
Attorney?
Staff Recommendation:
Staff recommends that the City Council conduct an in-house recruitment for the City Attorney
position, with a goal of conducting interviews in mid-February 2011 and making an appointment by
no later than your second meeting in March 2011.
Background:
With the resignation of Richard Appicello as City Attorney, effective December 15, 20 I 0, staff
requests direction on the recruitment process for the new City Attorney. Council has a number of key
decisions to make
Private Recruiter.
The first 'major decision the Council needs to make is whether to retain a private recruiter or whether to
use the City's Human Resources Department for the recruitment. Outside firms have two major
advantages, First, they are able to tap into professional networks to find candidates, and sometimes
those candidates are people who were not even thinking about changing jobs. This is especially
important where the City is looking for people with particular qualifications. Second, the recruiter
conducts the majority of the background on candidates, reducing the amount of time that the City has
to spend on screening and background checks. The major downside to recruiters is that they are
expensive, usually costing at least $20,000, plus expenses.
Staff recommends that the Council not use a recruitment firm for this recruitment. We make this
recommendation because we have a defined labor pool for the City Attorney position, and we believe
we know how to reach potential candidates, If we have a low volume of applicants, then the City
Council could either extend the application period or elect to bring a recruiter in. Staff will likely need
to get some outside help with the background investigation, but the cost will be significantly less than
would generally be charged by a recruitment firm.
Job Description and Profile
Staff has attached the current job description for the position and the position profile that was used in
2007. Staff requests that the Council provide feedback to Tina Gray on the candidate profile by
November 29,2010. Incoming Councilors will also be invited to provide feedback on the profile. Staff
will incorporate.the feedback and send the profile out unless there is a major disagreement among
Page I of2
~.l'
CITY OF
ASHLAND
Councilors about desired characteristics. If there is a disagreement, then staff would schedule this for
Council discussion on December 7.
Position Salary Range
Staff recommends that the Council make no changes in the current salary range, which has a top step
of $1 04,051, which is above Department Director, but below City Administrator.
Process
Assuming that the Council generally agrees on the profile by the end of November, staff would open
the recruitment during the first week of December. Staff recommends we close the recruitment about
the 20th of January, as generally few people apply between December 15 and New Year's,
Staff requests that Council plan an interview process for the second or third week of February. The
full Mayor and Council should participate. Staff also recommends that key Department Directors also
be invited to participate, Last but not least, staff recommends a public component similar to what has
been done with other executive level positions. .
After Council identifies the top candidate, it will likely take three to six weeks to complete the
background check, negotiate the tenns of employment and get the new City Attorney on board, As
noted above, staff may want to use outside help to complete the background as this usually is very
intensive work that has to be completed quickly.
Council Options:
. Agree with the general staff recommendation.
. Agree to conduct the recruitment in-house, but request a Council discussion of the profile at
your next meeting.
. . Direct staff to solicit proposals from private recruiting finns and return to Council to select the
finn,
. Request additional infonnation
Potential Motions: .
. I move to approve the staff recommendation to conduct the recruitment in-house and a
. I move to direct staff to solicit proposals from recruiters,
. I move
Attachments:
. Job description for the City Attorney
. Position profile from the 2007 recruitment.
Page 2 of2
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.JOB DESCRIPTION CPS Amended
CITY OF
ASHLAND
OVERTIME:
--1L- Exempt _ Non-Exempt
JOB TITLE:
JOB GROUP:
DEPARTMENT:
DATE:
City Attorney
.11 Executive Management
Administration
.j
PURPOSE:
Plans and performs a broad range of legal services for the City and serves as the chief advisor on all City legal
matters I interprels codes and lawsl represenls the City in legal proceedngs; prepares resolutions, ordinances and
other legal documents for the City; provides legal support to the Mayor, City Council, Parks Commission, City
Administrator and department heads; represenls the City before individuals, groups and various agencies; supervises
assigned personnel; and performs other work as assigned.
DISTINGUISHING CHARACTERISTICS:
The City Attorney is a single position classification. The incumbent performs complex professional attorney
duties, and is responsible for overall management of the Legal Department, including the supervision of
subordinate attorney, technical and clerical staff.
SUPERVISION RECEIVED:
Receives policy direction from the City Council.
SUPERVIS'ORY RESPONSIBILITIES:
The employee in this classification has direct supervisory responsibility over subordinate attorney staff as well as
technical and clerical employees.
ESSENTIAL JOB FUNCTIONS:
The duties listed below are only intended as il/uslrations of the various types of work" that may be performed. The omission of specific
statements of duties does not exclude them from the classification if the work is similar, related and/or a logical assignment to the
classification.
Create, review, interpret and enforce contracts for the City on a wide variety of subjects, including real estate,
development, intergovernmental, loan, personne~ and other agreements; conduct legal research in order to analyze
and advise the City on various legal questions and recommend courses of action; prepare correspondence,
memoranda and reports concerning legal questions, analyses, interpretations and opinions.
Research, review, interpret and create City ordinances; prepare necessary reporls for City staff, Mayor and City
Counci information and action; communicate with violators concernng compliance with various City codes.
Supervise employees in work activities within the legal function, including providing instruction, assigning and
reviewing work, scheduling projects, evaluating performance, taking and/or effectively recommending necessary
personnel actions, and resolving employee complaints.
Advise City managers on dsciplinary actions and review grievances filed by employees and bargailing units; conduct
necessa-y research to analyze and interpret various labor related questions and advise the City regarding best
courses of action; respond to inquiries and resolve complaints regardng City activities in person, over the telephone
and through written correspondence;attend various community group, professonal and civic organization meetings to
communicate City policies.
City Attorney
.lOB DESCRIPTION CPS Amended
Page 2
Serve as the prosecuting or defense attorney for the City in a variety of actions in judicial or administrative forums,
including federal and state court proceedngs; manage and assist outside legal counsel when needed.
Attend and provide support at City Counci regular meetings, executive and study sessions, Planning Commission
meetings and other advisory meetings as required; provide legal training for mayor, councl appointed boards,
appointed commissions and staff as needed.
Coordinate assigned activities with those of other departments, outside agencies and organizations.
Follow all safety rules and procedures established for work areas.
AUXILIARY .JOB FUNCTIONS:
Maintain proficiency by attending training conferences and meetings, reading materials, and meeting with others
in areas of responsibility.
Perform other work as assigned.
MINIMUM QUALIFICATIONS:
EDUCATION, TRAINING AND EXPERIENCE
Education; Completion of an accredited school of iaw.
Experience: A minimum of five .(5) years of professional experience as a practicing attorney in a public sector
environment.
Substitution: Any satisfactory equivalent combination of education, training and experience that demonstrates the
knowledge, skills and abilities to perform the duties of the job proficiently may substitute for the above
requirements.
Desirable Qualifications: Experience in a municipal government that is similar to or larger than the City of Ashland is
desirable.
SPECIAL REQUIREMENTS
License: Possession of, or the ability to obtain and retain, an Oregon driver license by the time of appointment.
Other: Current membership in good standing in the Oregon State Bar.
KNOWLEDGE, SKillS AND ABILITIES
Knowledoe of:
Modern and highly complex principles and practices of municipal law.
Principles and practices of modern public administration, including planning, organizing, directing, staffing and
controlling.
Principles of personnel administration, supervision, and training, organization, duties, powers, limitation, and
authority of city government and the City Attorney's Office.
Legal principles and practices including civil, criminal, constitutional, and administrative law and procedures.
Ordinances, statutes, and court decisions relating to municipal corporations.
Judicial procedures and rules of evidence, methods of legal research.
Established precedents'and sources of legal reference applicable to municipal activities.
Principles and practices of business computer user applications.
ADMINISTRATION DEPARTMENT/PERSONNEL
20 East Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541-55t2110
Fax: 541-488-5311
TTY: 800-735-2900
~;.,
City Allorney
.JOB DESCRIPTION CPS Amended
Page 3
Abilitvto:
Organize, interpret and apply legal principles and knowledge of complex legal problems; effectively apply legal
knowledge and principles in court; present statements of law, facts and arguments clearly and logically.
Prepare and present difficult cases in court.
Conduct research on complex legal problems and prepare sound legal opinions.
Interpret and make decisions in accordance with laws, regulations, and policies.
Select, supervise, train, and evaluate professional, technical and clerical staff.
Develop and administer a department budget.
Exercise sound independent judgment within general policy guidelines.
Communicate with the public and staff, often in stressful situations.
Represent the City effectively in consults, counsel, business and professional groups.
Assist and support team performance and work cooperatively with other team members.
Provide positive support to internal and external customers.
Communicate effectively, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
PHYSICAL DEMANDS:
The physical and mental demands described here are representative of those that must be met by employees 10 successfully perform the
essential functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the
essential functions.
(1) Mobilitv: frequent sitting for long periods of time; occasional walking and standing. (2) Liftino: frequently up to
10 pounds; occasionally up to 25 pounds. (3) Vision: constant use of overall vision; frequent reading and close-up
work; occasional color and depth vision. (4) Dexteritv: frequent use of keyboard; frequent repetitive motion;
frequent writing; frequent grasping, holding, and reaching. (5) HearinofTalkino: frequent hearing and talking, in
person and on the phone. (6) EmotionallPsvcholooical: frequent decision-making and concentration; frequent
public andlor coworker contact; occasional working alone.
WORKING CONDITIONS:
The work environment characteristics described here are representative of those an employee encounters while performing the essential
functions of this classification. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential
functions.
Work is performed in a typical office environment and is subject to moderate noise.
DEPT. HEAD SIGNATURE
CITY ADMINISTRATOR APPROVAL
DATE
ADMINISTRATION DEPARTMENT/PERSONNEL
20 East Main Street
Ashland. Oregon 97520
www.ashland.or.us
Tel: 541-552.2110
Fax: 541-488-5311
ny: 800-735-2900
r.t.'
The Community
Ashland is located in the picturesque Rogue Valley of southern Oregon, 15 miles north of the
California border. It is one of America's most livable small towns, surrounded by the majestic
Cascade and Siskiyou Mountain ranges. Ashland's population is just over 20,000 and has grown at
a rate of about 1.5% per year for the last ten years. lis economic base is primarily dependent on
tourism and higher education, with a small manufacturing sector based on high technology. Widely
known for the nine-month Oregon Shakespeare Festival, which attracts more than 100,000 visitors
annually,
Ashland is also considered a destination city due to its other attractions of recreation, shopping, and
sightseeing. Although the weather is generally mild, the area enjoys four distinct seasons. Within an
easy drive, recreational opportunities abound. The Mt. Ashland Ski Resort is owned by the City and
operated by a non-profit Board. Ashland features numerous top-quality restaurants, bed & breakfast
establishments, small theaters and performing spaces, boutiques, bookstores, and art galleries. The
community of Ashland has an active and involved citizenry with a unique blend of different
viewpoints, passions, and interests. Yet, residents share a common bond - the joy of living in
Ashland. Citizens' committees help guide local government, and City Council meetings are open to
the public and broadcast live on a local cable channel.
Owned by the City of Ashland, the Community Hospital is one of the Northwest's most respected
and highly rated small hospitals. lis governing Board is appointed by the Mayor with City Council
confirmation. The Ashland Public School District has six schools, and a full range of educational
opportunities is offered through both Rogue Community College and Southern Oregon University.
SOU is southern Oregon's institution of higher education and Oregon's designated Center of
Excellence in the Fine and Performing Arts. The Ashland real estate market is not typical of
Southern Oregon. With its strong ties to California real estate and its desirability as a place to live,
Ashland real estate is both more expensive and more stable than other communities in the region.
While respecting the Urban Growth Boundaries, Ashland continues to face issues relating to
increasing land values and how to increase density without suffering the negative impacts. The City
of Ashland has historically been viewed in Oregon as a leader among communities, paving the way
on issues, and taking an entrepreneurial approach in providing services to its residents. Current and
ongoing concerns and issues relate primarily to land use in the areas of'growth, preservation of the
City's history, infill development, affordable housing, and regional planning.
The Organization
Incorporated in 1874, the City of Ashland operates under its own Charter and applicable state laws.
The City provides a full range of municipal services including police and fire protection, ambulance
services, parks and recreation facilities/activities, streets, airport, planning and building, senior
programs, and general administrative services. The City also provides water, wastewater, electric
and telecommunications utility services. The City's 2007/2008 total budget is $91 million, (including
$8.9M Capital Improvement Fund), and the full-time staff totals 268.
Ashland is governed by a Mayor, who is directly elected to a four-year term, and a six-member City
Council whose members are elected at-large to four-year, overlapping terms. Other elected officials
are the City Recorder, Municipal Judge, and the five-member Parks & Recreation Commission.
Much of the City's business evolves through over 20 advisory boards and commissions that enhance
public support and political stability. The Mayor, with confirmation by the City Council. appoints the
City Administrator, City Attorney, and all department directors. Director appointments are made after
a recommendation by the City Administrator to the Mayor. The office of City Attorney represents
and provides legal advice to the Mayor, City Council, Ashland Parks and Recreation Commission
and other boards, commissions and departments of the City. The department prepares ordinances
and resolutions for adoption by the City Council and provides opinions regarding general municipal
law issues, represents the City in litigation, and prosecutes misdemeanors and code violations in
municipal court. The office also handles legal matters related to implementation and application of
land use regulations and provides services related to land sales, acquisitions, and leases. In
addition, the office reviews numerous contracts and processes tort claims filed against the City.
The City Attorney is supported by an Assistant City Attorney, paralegal and legal secretary.
The City of Ashland invites you to visit their web site at www.ashland.or.us.
The Position
In order to gain input on the desired traits, abilities, and background of the ideal candidate for City
Attorney, meetings were held with key stakeholders including the Mayor and members of the City
Council, City Administrator, City Commissions, and staff. The following is an overview of the
comments received.
. Possess the utmost integrity. Provide independent and objective recommendations and counsel.
Tactfully advise of risks and implications of decisions. Address issues head on. Gain and maintain
the confidence of the Council, organization, and community. . Be politically astute and understand
his/her role as separate from setting policy. While being neutral and independent, stand firm on
position rather than bending to political whims. Treat all Council members equally.
. Possess a calm, self-confident, upbeat, and professional demeanor as well as a sense of humor.
, Understand the nature of active citizen participation within a community. Comfortable operating in a
transparent and relatively high profile environment and able to address, or deflect, challenges to
legal advice and decisions.
. Provide ongoing education to decision makers and the community as a whole, explaining
complicated legal concepts in layman's terms, as necessary.
. Exhibit outstanding judgment and an ability to be thorough as well as succinct. While timely
counsel is desirable, ensure that advice is based on precedent, facts, and research rather than
simply providing a response. Use outside subject matter experts appropriately.
, Possess exceptional management and organizational abilities, operate efficiently and effectively,
and respond to requests in a timely manner. Provide regular, frequent, and consistent information
about the status of major projects to the Council and Management Team.
. Establish and maintain effective working relationships.
Work closely with the City Administrator and embrace a bright and dynamic team of professionals in
setting the tone for future visioning. It is preferred that the City Attorney have experience in Oregon
municipal law, however, the ability to quickly obtain knowledge, particularly in the areas of land use,
election and public records, labor relations and budget will be expected. The selected candidate will
have strong technical knowledge and proven municipal law experience, particularly in the areas of
litigation and contract development and review. In addition, the selected City Attorney will have
excellent written, verbal and presentation skill~. Most importantly, the Ashland City Attqrney will keep
the good of the community in mind, anticipating issues, and providing the highest quality of legal
advice to the organization. A Juris Doctorate from an accredited school of law is required.
Membership in the State Bar of Oregon is highly desirable and will be required upon appointment.
. . '.~. .
. '''.
'.
, '
,
. '.
CITY OF
ASHLAND
Council Communication
An A~reement Adoptin~ a National Fire Plan Fundin~ A~reement
Meeting Date: November 16, 2010. Primary Staff Contact: John Karns
Department: Fire E-Mail: karnsi@ashland.or.us
Secondary Dept.: Administration Secondary Contact: AIi True
Approval: Martha Benn Estimated Time: 5 minutes
Question:
,
Does the City Council wish to adopt a pass-through funding agreement for $50,000 between the City
of Ashland and the Oregon Department of Forestry involving the use of National Fire Plan Biomass
funds to help support the creation of defensible space around the homes of Ashland?
Staff Recommendation:
Staffrecommends approval of this grant agreement.
Background:
The Department ofInterior Bureau of Land Management offers National Fire Plan Grant funds to the
Oregon Department of Forestry for the purpose of urban interface fuels reduction. The funds made
available to Ashland will be used for the purpose of reducing hazardous vegetation around residential
properties. Biomass money is being utilized due to the nature of Ashland's urban environment, and the
lack of debris burning as a disposal option. This grant funding supports the Firewise Communities
mission of encouraging homeowner responsibility for wildfire safety. By supporting the removal of
hazardous vegetation adjacent to a structure, additional gains towards survivable space standards will
be made as well as progress towards the certification of Ashland as a Firewise Community.
This is a reimbursable grant program. Grant recipients must complete or make significant progress on
the proposed project before grant funds will be disbursed. Eligible work will include modification and
removal of vegetation within 30 feet of a structure in order to create or maintain defensible space
standards. Recipients must complete a Wildfire Safety Home Assessment and work completed must be
based on the assessment's recommendation. This funding will allow the treatment of approximately
100 homes at a max reimbursement of $400, with the remainder of the funding used for administration
and staff costs.
The City has received similar grants in past years. This is a new program, which requires Council
approval. This item corrects an oversight by staff.
Related City Policies:
Community Wildfire Protection Plan (CWPP)
Firewise Communities USA .
Council Options:
Accept or deny approval of the grant agreement.
Page 1 of2
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,
CITY OF
ASHLAND
Potential Motions:
Move to accept or deny approval of the grant agreement.
Attachments:
Grant Agreement
Page 2 of2
~~,
OREGON DEPARTMENT OF FORESTRY
Department of the Interior Bureau of Land Management
GRANT AGREEMENT BETWEEN
OREGON DEPARTMENT OF FORESTRY
And
Ashland Fire and Rescue
GRANT NUMBERS:
Jackson County Biomass 449990-11
The Oregon Department of Forestry (hereinafter referred to as "grantor" andlor
"Department") agrees to provide Ashland Fire and Rescue (hereinafter referred
to as "recipient") the sum of $50,000 for the express purpose of conducting a wi]dland
urban interface fuels reduction project using funds provided through the Department of
Interior Bureau of Land Management National Fire Plan Grant program. The recipient
will administer the pass-through to treat 75 acres/homes in Jackson County.
The grant administrator for the grantor is Matthew Krunglevich , Oregon Department of
Forestry, 5286 Table Rock Road, Central Point, Oregon, 97502, (54]) 664-3328.
Recipient agrees to appoint and maintain a designated project coordinator for the duration
of the project.
A copy of the proposed grant project application submitted by recipient is hereby
attached and considered to be a part of this agreement.
SECTION 1: TERMS AND CONDITIONS
] . I. Projects may begin upon execution of this agreement and must be completed by
December 31, 20 I ] ; no extensions will be granted. Interim deadlines may be
established by the Department in the event of a lack of progress on the part of the
recipient.
1.2. Project coordinator will provide quarterly progress reports, in writing, to the grant
administrator. Any significant changes to the grant project must be submitted in
writing to and approved by the Department before it may become effective.
SECTION 2: PROJECT COMPLETION AND REIMBURSEMENTS
2.1. This is a reimbursable grant program. Grant recipients must complete or make
significant progress on the proposed project before grant funds will be disbursed.
Grant funds are made on a reimbursable basis, after the recipient has completed
grant related work on the project. Recipients may request disbursement of grant I
no more than four installments.
2.2. A grant payment request form will be provided to the recipient for recording
project completion status. The Department shall disburse grant funds within 45
days of receiving a properly completed invoice voucher from recipient. The
invoice shall include the number of acres accomplished and the method of
treatment.
SECTION 3: CERTIFICATIONS
3.1. Recipient agrees to allow the Oregon Department of Forestry the right to periodic
inspections of the proposed project.
3.2. Any product, publication and/or publicity must list the Oregon Department of
Forestry and the Department of the Interior Bureau of Land Management as Grant
sponsors and/or financial contributors to the project. The Department will receive
from the recipient two (2) copies of any publication or report arising from the use
of these grant funds.
3.3. Recipient will permit the Oregon Department of Forestry or the Department of the
Interior Bureau of/and Management grant to audit the project in compliance with
the requirements of the Federal government Single Audit Act and OMB Circular
A-128.
3.4. Upon completion of project, recipient will submit to grantor, the Department, a
final request for grant payment, detailing project completion. This report is to be
filed with grantor, the Department, no later than December 31, 2010.
3.5. Acceptance of grant implies recognition of the obligation to comply with all
applicable state and federal laws.
SECTION 4: LIABILITY AND NON-PERFORMANCE
4.1. Recipient and Department each shall be responsible, to the extent permitted by the
Oregon Tort Claims Act (ORS 30.260-30.300), only for the acts, omissions or
negligence of its own officers, employees or agents resulting from or arising out
of the activities of the recipient, its contractors, subcontractors, agents or
employees under this agreement.
4.2. The Oregon Department of Forestry reserves the right to withdraw this grant
award for non-performance of grant activities, and recipient agrees to return any
grant funds to the Department in the event the terms, conditions or certifications
of this agreement are not met to the satisfaction of the Oregon Department of
Forestry and the Department of the Interior Bureau of Land Management.
Signed -
For the'Oregon Department of Forestry:
I
-Signa
k)b:7 }n
Dalf
For Ashland Fire and Rescue:
/6-1<::;-/0
Date
Signatu
Approved as to fOlln:
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10\\0\ 10
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shland Fire and Rescue
lCity of Ashland, Mayor
Date
CITY OF
ASHLAND
Council Communication
Ordinance Relating to Public Rights of Way and Amending AMC 13.02
Meeting Date: November 16, 20 10 Primary Staff Contact: Mike Faught
Department: Community Development E-Mail: faughtm@ashland.oLus
Secondary Depl.: Legal Secondary Contact: Megan Thornton
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Will the Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Public
Rights of Way and Amending AMC l3.02?
Staff Recommendation:
Staff recommends Council approve the Second Reading of this ordinance.
Background:
This ordinance modifies AMC Chapter 13.02 Public Rights of Way in order to codify encroachment
permits. The encroachment permit is issued for private long-term use of public right-of-ways and
easements such as landscaping, parking, accesses, etc. The proposed ordinance allows the City to better
regulate long term use of Ashland's public rights of way, public easements, and public places
consistent with current practice.
The benefits to codifying the encroachment permit processes incluoe:
. Circumstances that require an encroachment permit are clearly defined;
. Encroachments that are exempt from the permitting process are stated;
. Standards for issuance of a permit are delineated so that Staff can easily determine if an
application meets the criteria for granting of a permit; and
. Allows the Public Works Director to impose conditions on permit issuance.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures.
Council Options:
(I) Move to approve Second Reading of the ordinance.
(2) Postpone Second Reading of the proposed ordinance.
Potential Motions:
Staff: Conduct SecondReading by title only.
Council: Move to approve Second Reading of the ordinance.
Attachments:
Proposed ordinance
Page 1 of I
~~,
ORDINANCE NO,
AN ORDINANCE RELATING TO PUBLIC RIGHTS OF WAY,
AND AMENDING AMC 13,02
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold .. -. . and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall haye all powers which the constitutions, statutes, and
common law of the United States and of this State' expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop, 20 Or. App. 293,
53] P 2d 730, 734 (1975);
WHEREAS, the City wishes to codify its procedure for granting encroachment permits and
other permits for public works.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 13.02.0] 0 [Definitions] is hereby amended to read as follows:
)3,02,010
Definitions. For the purpose of this chapter, the following mean:
A. Encroach: the act of a private individual ex'tendin!! from their abuttin!! private
property into a public ri!!ht of way, public easement or public property.
B. Encroachment: area in a public ri!!ht of way. public easement or public property
that is bein!! encroached upon by a private individual.
C. Encroachment Permit: a revocable permit!!ranted by the Public Works Director
to allow permittee to encroach upon a public ri!!ht of way, public easement or public
property where compliance with this chapter can be demonstrated,
D.---A. Person: Individual, corporation, association, firm, partnership, joint stock
company, and similar entities.
E. Public Easement: an easement!!ranted to the City for a public purpose,
includin!!, but not limited to the purpose of installin!! or maintainin!! public or
Ordinance No.
Page I of7
private utility infrastructure for the provision of water. power, heat or
telecommunications to the public.
F. Public Property: real property owned by the City and open to the public for
public use.
G.B. Public rights-of-way: Include, but are not limited to, streets, roads, highways,
bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or
areas, including subsurface and air space over these areas.
H. Public Works Director: the City Public Works Director or his/her authorized
desi!!nee,
!,&. Within the city: Territory over which the city now has or acquires jurisdiction for
the exercise of its powers
SECTION 2. Sections 13.02.050 [Encroachments Permits within Public Rights of Way, Public
Easements And Public Property] through 13.02.100 [Enforcement] are hereby
added to read as follows:
13.02.050 Encroachment Permits.
A. Permits Required for Encroachment; Exemptions.
1: Permits Required. II shall be unlawful for any person to do any of the followin!!
without first obtainin!! a encroachment permit from the Public Works Director:
a. Erect or cause to be erected any structure, retainin!! wall. or fence in a public
ri!!ht of way. public easement. or public property. or
b, Place or maintain any landscapin!! materials or any type of fill in. over or
upon any dedicated public ri!!ht of way, public easement or public property,
2. Specific Exemptions. Certain encroachments are exempt from the permit
requirement of AMC 13.02.020. Exempt encroachments are those which would
have a minor impact on the present or planned use of the public ri!!ht of way.
public easement or public property and those which are expressly exempted
herein. The followin!! encroachments are exempt encroachments as Ion!! as they
do not create a vision clearance hazard as defined in AMC 18.68.020:
a. Mailboxes and their enclosin!! structures.
b, Temporary si!!ns and banners permitted by the Si!!n Code fAMC 18.96).
f: Guard/handrails alon!! ed!!es of driveway approaches. walks. stairs, etc. that
encroach in public ri!!ht of way. and
d. Lawns, plants and approved street trees encroach in!! in public ri!!ht of way
that do not obstruct visibility for pedestrians. bicvclists and motorists.
3. Additional Exemptions, The Public Works Director may !!rant additional
exemptions as Ion!! as the encroachment does not create a vision clearance
hazard as defined in AMC 18.68.020.
B. Application and Fee Required.
Ordinance No.
Page 2 of7
1. Anv person desirinl! to locate or maintain an encroachment shall submit an
application to the Director of Public Works. The application shall include a
description of the proposed encroachment and a scale drawinl! ilIustratinl! the
nature and extent of the proposed encroachment and its relationship to
adioininl! properties. If the applicant is not the owner of the property that will
be benefitted bv the encroachment. the owner of the benefitted property shall
also sil!n the application as a co-applicant. The Public Works Director may
require an actual survey to determine the exact location of any public or private
improvements that will be encroachinl! in the rieht of way,
2. A fee in the amount established bv resolution of the City Council shall be paid at
the time of the application.
C. Review of Application.
The Public.Works Director shall conduct a review ofthe application for an
encroachment permilto determine its compliance with the standards in AMC
13.02.060. and the Public Works Director shall request comments from affected City
departments, utility companies and aeencies reeardine the impact of the proposed
encroachment.
13.02.060 Standards and Conditions.
The Public Works Director may approve the issuance of an encroachment permit for an
encroachment where compliance with the followine standards can be demonstrated or
specific findines are made that the standard is not applicable. The Public Works Director
may attach any conditions to the issuance of the permit that are required in any applicable
plannine approvals or reasonablv related to ensurine compliance with this section. or other
applicable City codes.
A. Standards for Approval.
1: Horizontal clearances of at least five (5) feet shall be maintained on all sides of
all utilities includine electrical power. communications. sewer. storm drain. and
water. This distance shall be measured between proposed encroachments and
existinl! or proposed utility lines. manholes. appurtenances. and fixtures.
includinl! but not limited to fire hydrants. above l!round transformers. cabinets,
and other structures. Clearances around water meters shall be at least one (l)
foot behind and two (2) feet from the sides when measured from the outside
edees of the box. A lareer horizontal clearance may be required if utilities
mandate lareer clearances for specific structures; for example. additional
clearance may be required in front of electrical cabinets and transformers.
Requests bv utility providers for lareer horizontal clearances or additional
conditions shall be considered for inclusion into the permit. The applicant shall
pay for relocation of the existine utility lines. manholes. appurtenances. and
fixtures if this standard cannot be met,
Ordinance No.
Page 3 of7
2. . Vertical clearances between utilities and natural fandscape materials or
structures placed below or above those facilities shall be the distance reQuired by
the affected utilities. Conditions reQuested by the utility providers shall be
considered for inclusion into the permit.
3. Proposed encroachments. improvements and temporary measures shall not
cover. prevent access to, or block the flow of water into inlets. basins, ditches. or
drainal!e ways. Gradinl! chanl!es shall not otherwise alter the drainal!e patterns
in the ril!ht of way without written approval of a l!radinl! and erosions control
plan by the Public Works Director.
4, Sufficient space for off-street parkinl!. loadinl!. and pedestrian travel shall be
maintained. The encroachment shall not result in a loss of area needed for
parkinl!. vehicular maneuverinl!. or pedestrian travel.
5,. It is determined that the reQuested encroachment is consistent with the current
use of the public ril!ht of way. easement or public property.
B. Conditions,
1: When the Public Works Director determines that allowinl! the reQuested
encroachment may subiect the City to potential liability. a condition of permit
issuance shall be the minl! with the City Risk Manl!er of a policy of insurance
and form of policy by an insurance company licensed to do business in the State
of Orel!on. The policy shall protect the City. its officers, al!ents. and employees.
and the abuttinl! property owners. lessees and tenants from any and all claims
for iniury or damal!e to persons or property that mil!ht result from the placinl!
and/or maintenance of the permitted encroachment. The amount of the
insurance policy shall be at least the limits of public body liability under the
Orel!on Tort Claims Act. The policy shall also contain a provision that the City
Risk Manal!er shall be notified at least 30 days prior to any cancellation of such
insurance, The permittee shall maintain the insurance for the term of the permit
issued. Failure to maintain the insurance shall result in automatic revocation of
the permit.
2. All work within the public ril!ht of way. public easement. or public property
shall be consistent with enl!ineerinl! plans. profiles. specifications. and standards
approved by the Public Works Director in accordance with City reQuirements.
3. The Public Works Director may place a limit on the time the proposed
encroachment mav be located in or on the ril!ht of way. public easement or
public property.
4. To ensure that encroachments do not contribute to visual blil!ht or create a
safety hazard. conditions of permit approval may include a reQuirement that the
encroachment be appropriately maintained.
Ordinance No.
Page 4 of7
5, The City may impose a chan~e for the use of the public ril!:ht of way. public
easement or public property.
13.02.070 Permit Issuance.
A. The Public Works Director may approve. modify and approve. or deny the
application for an encroachment permit.
B. Ministerial decisions do not require interpretation or the exercise of policv or lel!:al
iudl!:ment in evaluatinl!: approval standards. Ministerial decisions include, but are not
limited to, site plan approval of buildinl!: or other specialty permits and final
subdivision and planned unit development plans where there are no material
deviations from the approved preliminary plans. Because no discretion is involved.
ministerial decisions do not Qualifv as land use or limited land use decisions. The
process requires no notice to any party other than the applicant. The Public Works
Director's decision is final and not appealable bv any party throul!:h the normal land
use process. Ministeriaf decisions may be appealed as provided in AMC 13.02.040.
13.02.080 Appeals.
The Uniform Administrative Appeals Process oullined in AMC 2.30 shall applv to all
protests of encroachment permits. Failure to strictlv complv with the applicable appeal
requirements. includinl!: but not limited to the required elements for the written notice of
appeal. time for minI!: of the notice of appeal. and payment of the applicable appeal fee.
shall constitute iurisdictional defects resuItinl!: in the summary dismissal of the appeal. The
"earinl!: Officer's decision is final and not appealable bv any party throul!:h any land use
process. The "earinl!: Officer's decision may onlv be appealed throul!:h a writ of review
proceedinl!: in Jackson County Circuit Court.
13.02.090 Revocation of Permits.
All ril!:ht of way. easement or public property encroachment permits shall be revocable bv
the City at any time such revocation would be in the public interest. No I!:rant of any
permit. expenditure of money in reliance thereon. or lapse of time shalll!:ive the permittee
any ril!:ht to the continued existence of an encroachment or to any damal!:es or claims
al!:ainst the City arisinl!: from a revocation.
Anv permit issued under this section shall be automaticallv revoked if the permittee fails
complv with any conditions of the permit. or fails to bel!:in installation of the allowed
encroachment within ninety (90) days after issuance of the permit unless an extension is
requested prior to the expiration of the ninety (90) day period.
13.02.100 Removal of Encroachment.
Upon revocation. the permittee or any successor permittee shall. at the permittee's own
expense. remove the permitted encroachment within thirty (30) days after written notice
has been provided bv the City unless a shorter period is specified in the notice of
Ordinance No.
Page 5 of7
revocation.
If the permittee does not remove the encroachment and return the ri2ht of way. public
easement or public property area to a condition satisfactory to the Public Works Director.
the City shall do so and the permittee shall be personally liable to the City for any and all
costs of returnin2 the ri2ht of way. public utilitv easement or public property to a
satisfactory condition. includin2 the removal of structures and reconstruction of streets
and/or pathways. If the permittee fails to pay the City for the costs incurred after the City
bills permittee; the costs shall be imposed as a lien upon the property. Payment of such
costs shall not prevent the City from pursuin2 any other remedy available at law or
pursuin2 any other penaltv.
13.02.110 Liabilitv.
The permittee. and owner of the benefitted property if different than the permittee. shall be
liable to any person who is iniured or otherwise suffers dama2e by reason of any
encroachment allowed in accordance with the provisions of this section, Furthermore. the
permittee shall be liable to the City of Ashland. its officers. a2ents and employees. for any
iud2ment or expense incurred or paid by the City. its officers. a2ents and employees. by
reason of the existence of an approved encroachment.
13.02.120 Enforcement.
A. Installation or maintenance of an encroachment in violation of AMC 13.02.010. or
failure to obtain an encroachment permit as required by AMC 13.02.010, or to
comply with the terms and conditions of an encroachment permit issued thereunder
is hereby declared a civil infraction subiect to enforcement pursuant to AMC
Chapter 1.08,
B. Installation or maintenance of an encroachment in violation of AMC 13.02. or an
encroachment permit issued pursuant to AMC 13.02.020 is hereby declared to be a
public nuisance as defined by AMC Chapter 9,08. which may be abated pursuant to
AMC Chapter 1.08.
SECTION 3. Section 13.02.050 [Obligations of City] is hereby amended to read as follows:
13.02.050 13.02.130 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not
official acceptance of the right-of-way for public access and does not obligate the city to open or
improve any part of the right-of-way. Upon improvement of any public right-of-way to city
street standards, the city shall accept by resolution the improvement and maintain and repair such
improvement to the standard to which it has been improved. For purposes of nuisance-type
ordinances imposing obligations upon property owners, (e.g. snow removal, weeds and noxious
vegetation, sidewalk maintenance) the city shall be responsible for compliance with such
ordinances in public rights-of-way adjacent to or abutting city-owned or controlled real property.
Ordinance No.
Page 6 of7
SECTION 4; Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity ofthe remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance' may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered; provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 4-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this _ day of , 20 I O.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to fonn:
Megan Thornton, Acting City Allorney
Ordinance No.
Page 7 of7