HomeMy WebLinkAbout2009-1201 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
December 1, 2009
Council Chambers
1175E. Main Street.
6:00 p.m. Executive Session - to consult with legal council pursuant to ORS 192.660(2)(h)
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 16, 2009
2. Regular Council of November 17, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of December 7 as National Pearl Harbor Remembrance Day
2. Proclamation regarding the canvass of the vote
3. Does Council have any questions about the issues covered in the presentation on
the 10-year Plan to End Homelessness for Jackson County?
VII. CONSENT AGENDA [5 minutes}
1. Will Council approve the minutes of the Boards, Commissions, and Committees?
2. Does Council wish to approve a Liquor License Application from Ron Yamaoka
dba Red Hibiscus at 11 North First Street?
3. Will Council, acting as the Local Contract Review Board, approve a Public Contract
for a copier rental, including full maintenance, with Ricoh under the State of
Oregon Price Agreement #8618 for a term of 36-months?
4. Shall the Council approve the resolution declaring the Canvass of the Vote of the
election held in and for the City of Ashland, Oregon on November 2, 2009?
5. Will Council approve an Intergovernmental Agreement with Josephine County and
the amendment to ODOT Agreement No. 25537 to exchange $22,183.71 in
unused City ARRA funds for $20,852.69 in Josephine County funds?
6. Does Council wish to approve a resolution correcting for an error of omission for
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two electric rate schedules that were left out ofthe resolution adopted by the
Council on September 22, 2009?
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})
1. Does Council wish to adopt a resolution for Fire Prevention/Life Safety Inspection
Program and fee schedule pursuant to AMC Chapter 15.28.160?
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-tocomplete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Will Council approve a $20,078 amendment to the existing Brown and Caldwell
contract to provide additional soil and water sampling and testing at the Lithia
Springs site?
XI. NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish Ashland Fire and Rescue to apply for 1 to 4 safety positions
through the United States Department of Homeland Security's (DHS) Staffing for
Adequate Fire and Emergency Response (SAFER) grant program? [15 Minutes]
2. Should Council accept the Comprehensive Annual Financial Report as
recommended by the Ashland Audit Committee?
3. What direction does the Council have related to City Council Goal Setting for
2010?
XII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve the potential revisions included in the council
communication, and continue second reading of the Water Resources ordinance
to December 15, 2009? [15 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
1. Discussion regarding default on Food and Beverage Tax Agreement
XIV. SUMMARY OF MEETING
XV. ADJOURNMENT
In compliance wilh the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
ptease contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification
72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibitity to the
meeting (28 CFR 35. 102-35. 104 ADA Title I).
COLiNCJL MEETINGS ARE BROADCAST LiVE ON CHANNEL l)
VISlT TI-IE CITY OF ASHLAND'S WEB SITE AT WWW.ASI.IL.AND.OR.US
CITY COUNCIL STUDY SESSION
November f 6, 2009
Page f of2
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, November 16, 2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:30 p.m.
Councilor Navickas, Silbiger, Jackson, Voisin, Chapman and Lemhouse were present.
1. Look Ahead Review
City Administrator Martha Bennett reviewed the items on the Council Look Ahead,
2. Discussion regarding what ideas do the Mayor and Council have about the Fiscal Stability
goal.
Financial Director Lee Tuneberg provided the staff report and shared information on the financial
management polices that drive ending fund balances, contingencies, budgets, objectives as well as
accounting methods, budgeting policies, debt service and how to move forward in the future, The
management policies also addressed various fund balances, how the City deals with annual revenue, long-
term revenue, annual operations and long-term infrastructure changes.
Council and staff discussed the definition of fiscal stability and that staff should identify the priority with
Council prioritizing or making adjustments as necessary. The level of services to provide needed to be
determinea as well as funding the services. Staff clarified the City needed to decide what it was trying to
achieve in the community and find out if the actual service provided supported the level of service
required at an affordable price.
Council expressed concern regarding rate and property tax increases on the citizenry, the affect of
Measures 5 and 50 across the State and the need to research rate structures that address the regressive
nature of rate and fee increases. Other points discussed were living within the City's means, providing
too much service and knowing the actual cost of services in order to make educated decisions.
Staff explained the difficulty in quantifying actual costs of services in the budget process and how the loss
of institutional knowledge due to staff tW11 over disrupted financial reporting and budgeting:
Council noted the City's large debt service, building reserves, and used the City of Medford as an
example of how maintaining cash reserves has enabled Medford to provide minimum services regardless
of the economy.
Council thought the fiscal situation would get worse before improving and attributed it to major increases
in both health care costs and the Public Employee Retirement System (PERS), sections of the budget
where the only control was eliminating positions and eventual inflation and acknowledged the need to
plan and have a strategy going forward. Other concerns expressed were the impacts to future community
from delaying the capital and deferring maintenance.
Council and staff discussed having a future 'Study Session on the financial management policy.
Council directed staff to determine the percentage and justification for each fund and have Council make
adjustments if needed.
C/TYCOUNCUSTUDYSES~ON
November /6, 2009
Page 2 of 2
3. Discussion regarding would the City Council review and update the current investment policy.
City Recorder Barbara Christensen explained how the current policy adopted in 1998 ensured cities had
an investment policy in place that protected the investments as well as the person making investment
decisions. Changes tp collateralization, expanding diversification information in the policy to show
percentage per issuers and banking institutions no longer having investment divisions prompted a review
and update to the current investment policy.
Ms. Christensen clarified per policy, investors formerly in the investment divisions of banks now working
for brokerage firms were no longer recognized as primary dealers. Revising the policy would allow the
City Recorder to continue working with the same investors as long as they were a primary dealer of the
Federal Reserve Bank, reported voluntarily to the Federal Reserve Bank New York or affirmed they have
met the security dealers' capital adequacy requirements.
Collateralization was further explained with upcoming changes to the law that will increase insurance
coverage to collateralized securities from 100% to 110% making it more expensive for banks to
participate.
Ms. Christensen explained how the Local Government Investment Pool has become riskier with
investments valuing at a lesser value which brings the interest rate in the pool down.
Staff discussed with Council changing the annual review to every other year.
Meeting adjourned at 6:55 p.m.
,
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
November /7, 2009
Page I of7
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
!"ovember 17, 2009
Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg read an excerpt on the physical and mental observations made by National Guard medics in
the Infantry Battalion of the 41" Brigade Combat Team of the Oregon National Guard (1/186) to an Oregonian
newspaper reporter currently in Iraq.
Vacancies on the Tree Commission, Conservation Commission, Housing Commission, Forest Lands
Commission and the Planning Commission were noted.
Councilor Voisin removed discussions regarding the AFR letter and Council seating from the agenda.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of November 2, 2009 and Regular Council of November 3, 2009 were
approved as presented.
SPECIAL PRESENT A TIONS & A WARDS
Assistant Planner Amy Gunter introduced Tree Commissioner Chair Zane Jones and announced the winner of
the 2009 Tree of the Year was the Dogwood located at 634 Iowa Street. She went on to note the work and
accomplishments of the Tree Commission in the community.
Will Council authorize the Mayor to sign the World Mayors and Local Governments Climate
Protection Agreement Signature Form?
Councilor Jackson explained ICLEI - Local Governments for Sustainability is an organization that provides
guidance on climate change issues to local governments and provided history on the World Mayors and Local
Governments Climate Protection Agreement Signature Form. Council consensus was to have the Mayor to
sign the agreement.
CONSENT AGENDA
I. Will Council approve a resolution authorizing the Investment Policy ofthe City of Ashland and
Repealing Resolutio.n No. 98-16?
2. Should Council approve a resolution adjusting the FY2009-2010 Budget to create appropriations
and authorize expenditures for unanticipated expenses during this year?
3. Should Council accept the quarterly report as presented?
4. Will Council direct Mayor Stromberg to sign a letter of support to the Siskiyou Regional Railroad
Authority in their efforts to seek funding to reopen the Black Butte Branch Line that runs from
Black Butte California (near Weed) to Bellevue Oregon (just south of Ashland)?
5. Will Council approve an engineering services contract with KAS & Associates, Inc. in the amount of
$28,425 to complete the preliminary engineering and provide construction engineering services for
the Jefferson Avenue Extension (Brammo) project?
Councilor Jackson requested that Consent Agenda item #5 be pulled for discussion. Mayor Stromberg
requested that Consent Agenda item #4 be pulled for further clarification;
ASHLAND CITY COUNCIL MEETING
November 17, 2009
Page 2 of7
Councilor ChapmanNoisin mls to approve Consent Agenda items #1-3. Voice Vote: all AYES. Motion
passed.
Engineering Services Manager Jim Olson clarified the purpose of the amended communication to Consent
Agenda Item #5 was to correct a statement in the AMC Section that applies to the Jefferson Street Expansion
contract. In the original agreement, Mr. Bramscher was responsible for providing the engineering, permitting
and a packet that was bid-ready to the City. The process struggled for several years and consequently
contractors are now reluctant to move forward. Stafffelt the project would get back on schedule if the City had
full control. The costs for services come from the Economic Development Grant and Loan. The change would
correct a reference from AMC Section 2.50 to AMC 2.52.2.050 Section C. The current engineering services
have the plans 95% complete and no other engineers could start from the beginning and meet the timeframe.
Councilor Jackson/Chapman mls to approve Consent Agenda item #5. Voice Vote: all A YES. Motion
passed.
Councilor Chapman briefly explained the history, process and efforts supporting reopening the railroad line by
acquiring the tracks and creating a public and private entity.
Councilor Voisin/Lemhouse mls to approve Consent Agenda item #4. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
I. Shonld the Council approve first reading of ordinances amending the Ashland Land Use Ordinance
(ALVa) to include Chapter 18.63 Water Resource Protection Zones and make related amendments
of the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian
corridors?
Mayor Stromberg explained the public hearing and record was closed for this item. Community Development
Director Bill Molnar presented the staff report on the revisions to the draft ordinance. Planning Manager
Maria Harris provided a presentation of revisions that included:
Additions/Deletions to Native and Prohibited Plant Lists - 18.63.030 (pp 4-5)
Plants may be added and removed from the lists in consultation with:
o City Horticulturist
o Tree Commission
o Other Professional groups with demonstrable expertise
o Local, state and federal agencies
Consolidate Sections
o 18.60.030, pp 12-23 - combined exempt activities and uses
o 18.63.070, pp 23-27 - combined limited activities and uses
Chapter 18.63
o Purpose, Definitions, Zones & Exemptions - pp 1-18
o Regulated Activities & Standards - pp 18-24
o Approval Process and Plan Requirements - pp 25-33
o Map Adjustments and Enforcement - pp33-34
Eliminate Restoration for Exempt Activities
o 18.63.060, p 12 - Deleted requirement
o 18.63.060A.I.d, p 13 - Replace removed vegetation OAR 660-023-090(8); Blackbeny removal before
ASHLAND CITY COUNCIL MEETING
November 17, 2009
Page 3 of7
and after bird nesting season as recommended by the ODFW
Use of Equipment or Machinery - 18.63.060.A.1.i and 18.63.070.A-l, p 13 and p 23
. Exempt if soil disturbance and erosion are minimized
. Permit required when equipment use won't meet exemption
. Native plants are retained
. Replanting disturbed areas
Staff retained the original definition of power:assisted equipment as anything over 100lbs in weight allowing
the performance measures to address equipment size issues.
,
Nonconforming Activities, Uses and Structures - 18.63.060.A.3, p 15
. Nonconforming activities, uses and structures may continue
Stream Restoration with Limited Impacts - 18.63.060.B.2, P 22
. Exempt when limited impacts
. Limited to singles-family properties
. No stream restoration or enhancement work in past 12 months
Water Resource Protection Zone Reductions - 18.63.080, pp 28-30
. Up to 25% reduction Type I
. Over 25% up to 50% Type II
. Approval criteria reorganized
Hardship Variances - 18.63.090, pp 30
. Approval criteria edited and reorganized
Distribution of Native Plants in Protection Zones - 18.63.120, pp 35-36 & P 39
. Limited to development requiring a planning action approval
. 50% coverage in native plants with all new native trees
First Reading
. Updated wetland and riparian corridor regulations (Ch. 18.63)
. Consistency with floodplain and procedures chapters (Ch. 18.62 and Ch. 18.108)
. Local Wetlands Inventory (LWI) as approved by state (DSL)
. New and updated resource maps
Staff explained non-residential zoning districts that were not historic districts were not addressed in
18.63.060(3) (D)The Replacement of Non-conforming Structures is Non-Residential Zoning Districts
and Within Historic Districts to allow reconstruction of historic buildings in protection zones in the
downtown area.
Council wanted to add language that would allow reconstruction of public facilities and parking lots in the
event they were damaged by disaster.
Council and staff discussed adding fencing standards to C. Additional Exempt Activities and Uses within
Wetland Protection Zones. (2)Fences or having a public information handout with fencing examples.
City Attomey Richard Appicello read aloud the title of the ordinance to amend the Comprehensive Plan.
Councilor Navickas/Jackson m/s to approve first reading and move to second reading an ordinance
amending City of Ashland Comprehensive Plan Chapter 4 Environmental Resources to a Mitigated
Resources Map, and Adopting the Local Wetlands Inventory as a Supporting Document.
Roll Call Vote: Councilor Voisin, Navickas, Jackson and Lemhouse, YES; Councilor Silbiger and
Chapman, NO. Motion passed 4-2.
Mr. Appicello read aloud the title ofthe ordinance amending the Ashland Land Use ordinance adding Chapter
18.63.
ASHLAND CITY COUNCIL MEETING
November 17. 2009
Page 4 of7
Councilor NavickaslJackson mls to approve first reading and move to second reading an ordinance
amending the Ashland Land Use ordinance creating a new Chapter 18.63 Water Resources Protection
Zone. DISCUSSION: City Administrator Martha Bennett explained that staff would review the
reconstruction guidelines in the ordinance for public facilities destroyed by disaster for second reading. Roll
Call Vote: Councilor Navickas, Jackson and Lemhouse; YES; Councilor Silbiger, Voisin and
Chapman, NO; Mayor Stromberg, YES. Motion passed 5-3.
Council commented the ordinance was not user friendly. The property built citywide was not adequately
protected and suggested changing the language under 3. Nonconforming Activities, Use and Structures (D)
to read, "Replacement of Nonconforming structures and improvements in non-residential zoning
districts or within historic districts."
Mr. Appicello read aloud the title of the ordinance amending the Ashland Lanq Use Ordinance Physical and
Environmental Constraints Chapter AMC 18.62.
Councilor Jackson/Navickas mls to approve first reading and move to second reading an ordinance
amending AMC Chapter 18.62 Physical and Environmental Constraints, AMC 18.08 Procedures
Chapter. DISCUSSION: Councilor Chapman would not support the motion although he thought this was the
best version presented. He sited the master trail at Belleview School, as an example where there was no
attempt to restore the riparian area along the creek and noted this ordinance would not help to improve similar
situations in the future. Roll Call Vote: Councilor Silbiger, Navickas, Jackson and Lemhouse, YES;
Councilor Voisin and Chapman, NO. Motion passed 4-2.
NEW AND MISCELLANEOUS BUSINESS
1. Does the Conncil wish to appoint a citizen taskforce to look at a possible General Obligation Bond
Levy to fnnd capital projects for Public Safety Facilities?
City Administrator Martha Bennett presented the staff report recommending the Council establish a citizen's
committee to determine whether the City should seek a General Obligation Bond Levy for Fire Station No.2,
the Police Department remodel, a potential public safety training facility and a new ladder truck.
Council suggested the citizen committee determine potential election dates as well and briefly discussed
additional Fire Department staff.
Chief Karns explained the new fire truck would reside at Fire Station No. I with the Fire Department possibly
reducing one of their six ambulances to accommodate space.
Councilor VoisinlLemhouse mls that the City appoint a Citizen's Committee on possible Public Safety
Facility General Obligation Bond Levy. DISCUSSION: Councilor Silbiger acknowledged the need but did
not think this was the appropriate time and would not support the motion. Council should be focusing on Fire
Station No.2 that was one of the Council Goals, not other facilities. He was concerned this could result in a
huge package ultimately out ofline with what the City could afford. Councilor Navickas thought the intent of
the committee would be to shorten the list and this was a good process to go through. Councilor Voisin felt
this was an issue for the citizenry to decide and it was important to have a committee. Councilor Lemhouse
understood Councilor Silbiger's concerns and thought Council could reiterate the focus of the committee and
direct them to come back with a strategy. Councilor Jackson commented on the value of having a committee
with the expectation of critical input. Roll Call Vote: Councilor Jackson, Navickas, Lemhouse and Voisin
YES; Councilor Chapman and Silbiger, NO; Motion passed 4-2.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should Council approve second reading ofan ordinance titled, "An Ordinance Amending Ashland
Municipal Code 10.44.012 and AMC 10.44.020, Relating to Public Nudity and Penalties"?
City Attorney Richard Appicello described the suggested changes in the revised ordinance. He requested that
Council continue second reading to December 15,2009 to allow time to research ordinance language used by
ASHLAND CITY COUNCIL MEETING
November /7, 2009
Page 5 of7
other jurisdictions and freedom of expression,
Police Chief Terry Holderness provided the timeline and details from encounters the Police Department had
with the individual from Minnesota who came to Ashland, Minnesota authorities confirmed he came from that
state but the Ashland Police Department was unable to verifY a prior arrest in another state for indecent
exposure that the individual had willingly volunteered, Chief Holderness shared complaints the department
received due to the man's presence and acknowledged public nudity was a volatile emotional issue when
practiced around children, He went on to explain that the process officers use, when notified of naked
individuals, include initial contact to ascertain they are not experiencing any psychological or substance abuse
issues and there is no other problem,
Council and staff discussed the citation process, how treating it as a violation rather than a crime limited the
exposure on the City's part and escalation,
Colin Swales/143 8'h Street/Noted previously that half the Council did not agree with the existing nudity ban
and thought it should be repealed, The Mayor's tie breaking vote sent a message that citizens need to make the
decision on taking away or retaining rights assured them in the Oregon Constitution, He referenced nude war
protests that have occurred in Ashland, read from Resolution 2003-05, urged Council to reject the ordinance
and put it on the ballot.
Mayor Stromberg thought there were two issues regarding public nudity, The first was having a stranger
taking it upon him or herselfto expose children to someone's genitalia, He did not agree with that behavior and
noted School Superintendent Juli DiChiro's public testimony from the previous meeting, Children do not have
the adult development.to handle experiences that adults can deal with safely and it is the parents' choice to
decide when that exposure can or cannot occur. The other issue was Ashland as a tolerant community dealing
with unusual behavior without becoming alarmed, There was a range that people tolerate as part of a healthy
society that does not impose restrictions on people,
Councilor Voisin was concerned with the speed the decision was being made and wanted to understand better,
how a parents control for a child, had more authority and value than a community's spirit of tolerance, She did
not think the ban was about the safety of children and used bullying as an example. She requested removing
the child protection element out of the nudity ban issue.
Councilor Lemhouse was adamantly against removing the child safety component and referenced his 15 years
working in law enforcement, the crimes committed against children and the impact it has on their lives, He
agreed that bullying was an important issue and noted the harassment laws, disorderly conduct and assault laws
against it. He rejected the idea that it was more important for a community to have tolerance than to protect
their children, All rights have limitations to protect society.
Councilor Navickas noted the definition of protecting children was critical in this circumstance, He felt
Council was placing moral views onto society and cautioned against overstepping the boundary of the place of
government. The first amendment protected all forms of free speech. In the realm of public nudity, it is
difficult to define specifically what is doing harm to someone, Out of respect to the concerns of parents and
the people wanting to protect children, he suggested the nudity ban apply only to school zones, It would allow
the community to continue to support freedom of expression and focus on the real issue.
Councilor Chapman suggested changing the violations to a B or a C violation, strike the language regarding
changing rooms and add specific language indicating the interest was only in nudity that intentionally targets
children not just being around children.
Councilor Silbiger commented how community thinks of themselves as tolerant but there were plenty ofthings
not tolerated such as dogs in parks and smoking. Community members define where that line is, It was his
personal opinion that public nudity was not a moral or a first amendment issue. He wanted to support a ban
ASHLAND CITY COUNCIL MEETING
November 17. 2009
Page 60f7
around school zones but it seemed impossible to define. Next would be determining whether it was in the best
interest to ban public nudity or not. It was a dividing line on what is tolerated or not.
Councilor Jackson explained the issue was making families and children feel safe, a view supported by the
School Superintendent and a variety of teachers from the schools. The current nudity ban was more protective
of businesses and tourists than it was of community and families. She noted the lengths the City went to
encourage parents to let their children walk to school and the anti-bully efforts going on at the schools.
Councilor Voisin clarified her question was to what extent do parents have the right to protect their children
when that extent starts imposing and infringing on others rights. She suggested giving the police authority to
cite or arrest any individual intentionally naked around a school.
Councilor Navickas did not see those supporting the ban willing to compromise. He thought Council should
vote it down and discuss compromise. Councilor Jackson saw it as differences of opinion on whether a ban on
nudity violates peoples' rights to free expression instead of an issue with compromise.
Councilor Lemhouse noted that there had been previous comments made, that may have been unintentional but
were unfair, and felt he had to respond. He made it clear that public nudity around children was not a moral or
religious issue to him, it was a safety issue. An apology was issued as well as an explanation for comments
made.
Councilor VoisinlSilbiger mls to continue second reading until December 15, 2009 Council meeting.
DISCUSSION: Council and staff discussed the implications of continuing second reading to allow the City
Attorney time to conduct legal research. Councilor Chapman wanted to change the violation to a C level and
eliminate the language "...in view of a public place outside." Councilor Lemhouse suggested language
indicating intentional nudity in a private residence viewed from a public place that would allow police to issue
a citation and put the burden on the City to prove it was intentional. Councilor Navickas expressed concern
adding that language would allow an arrest or citation and then court. People have the right to be nude on their
private property unless they are violating the indecency law. City Administrator Martha Bennett eXplained
removing" ...in view of a public space," would not affect intention because the police will not be able it issue
a citation. Staff would research and provide alternative language options for the next reading. Councilor
Navickas noted Council did not fully support the ordinance and wanted a compromise that protected freedom
of expression, allowed events involving public nudity in other parts of town and focused on protecting the
schools and specific areas around schools. Roll Call Vote: Councilor Voisin, Silbiger, Jackson, Lemhouse,
Chapman and Navickas, YES. Motion passed.
2. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending Ashland
Municipal Code Chapter 2.04.090, 2.04.100, and 2.04.110 Relating to Council Rules"?
City Administrator Martha Bennett provided the staff report. City Attorney Richard Appicello noted language
Councilor Jackson submitted and language submitted by Councilor Silbiger from "Roberts Rules."
Colin Swales/143 8th Streetrrhought term limits should be equitable across all commissions instead of3 four-
year terms for the Planning Commission while all other commissions have 3 three-year term limits. Six years
on each commission would be sufficient.
Council suggested new language for term limits and discussed the pros and cons of changing term limits with
staff. In regards to Chair Participation, Council decided to allow the Chair to participate and make motions.
For codifYing progression from Vice Chair to Chair, Council thought it would be helpful to codify. Staff
would provide suggested language at the next reading.
Council discussed removal from a Commission with or without cause, if Council opted for a hearing; staff
recommended it go through the Administrative Appeals Ordinance. Steps preceding escalation would include
a warning from the Mayor with Council confirming actual removal using a possible 4-vote majority. Staff
ASHLAND CITY COUNCIL MEETING
November 17, 2009
Page 70f7
clarified the Planning Commission follows State laws so removal with or without cause would not apply to that
commISSIon.
Councilor Silbiger thought Section 2.04.090(B) Ad-hoc Committees and Task Forces should read, "The
Mayor shall have authority with consent of the Council to form ad-hoc committees." Other suggestions
included changing the Audit Committee to the Audit Commission and updating student liaison information to
allow that role on any commission except the Planning Commission and Budge Committee. Another change
would remove the City Recorder as the fifth voting member on the Audit Committee. He began a discussion
on the Airport Commission voting unanimously for a member to be a voting member for the Transportation
Commission.
Councilor Jackson/Chapman m/s to continue first reading of both Commission related ordinances to
the December 15,2009 Council meeting. Voice Vote: all A YES. Motion passed.
3. Should the Council approve first reading of an ordinance providiug for uniform policies and
operating procedures from advisory commissions, committees and boards?
First reading continued to December 15,2009.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Discussion regarding AFR letter - item removed by Councilor Voisin.
2. Discussion regarding Council Seating - item removed by Councilor Voisin.
3. Discussion regarding default on a Food and Beverage Tax Agreement - delayed due to time
constraints.
4. Report on Regional Problem Solving - electronic report submitted to Council by Councilor Jackson.
ADJOURNMENT
Meeting was adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Jackson County's 10 Year Plan to End Homelessness Presentation
Meeting Date: December I, 2009 Primary Staff Contact: Linda Reid
Department: Community Develo ment E-Mail: reidl(@,ashland.oLus
Secondary Dept.: none Secondary Contact: Bill Molnar
Approval: Martha Benn Estimated Time: 15 minutes
Question:
Does the Council have any questions about the issues covered in the presentation on the 10-year Plan
to End Homelessness for Jackson County?
Staff Recommendation:
None.
Background:
Jackson County adopted a Ten Year Plan to End Homelessness in June of2009, Connie Saldana,
Senior and Disability Services Planner, for the Rogue Valley Council of Governments and a member
of the Jackson County Homeless Task Force and Linda Reid, City of Ashland's Housing Program
Specialist and Homeless Task Force member will present the salient points of the Plan.
Jackson County, United Way of Jackson County, and the Jackson County Homeless Task Force have
led the community wide effort to develop the Jackson County Ten Year Plan to End Homelessness.
The Ten Year Plan builds upon the existing efforts and plans that are already in place for the Rogue
Valley. The Ten Year Plan was developed to be a tool to foster coordination and provide guidance that
result in long term commitments from a broad spectrum of community stakeholders in implementing
the identified strategies to regionally address the issues ofhomelessness throughout Jackson County.
Ten Year plans are designed to help prevent and end homelessness-notjust manage it. This Plan
highlights the recommendations of a county wide, interdisciplinary planning group who worked over
an 18 month period. It is best understood as a framework for strategic directions that the Planning
Group has identified. The Plan integrates and enhances existing community planning efforts and
priorities. The plan is designed to evolve over time as a living document that will guide community
efforts to respond to emerging issues related to homelessness in Jackson County.
Related City Policies:
2005-2009 Consolidated Plan;
Goal 4, Strategy 4.2: Strengthen the capacity of the Jackson County Continuum of Care to plan
activities reducing homelessness in the community.
Council Options:
No action is required since this is special presentation.
Potential Motions:
Page] of2
~~,
Not Applicable
Attachments:
Jackson County's I 0 Year Plan to End Homelessness
Note: This document is also available electronically at:
htto://www.co.iackson.or.us/files/IO-Year Plan to End HomeJessness.odf
Page 2 of2
CITY OF
ASHLAND
-..
IF_ '1
IO-YEAR PLAN TO
END HOMELESSNESS
JACKSON COUNTY, OREGON
June 2009
Ten Year plans are designed to help prevent and end homelessness - not just manage it.
JACKSON COUNTY COMMISSIONER'S
RESOLUTION ADOPTING THE
10- YEAR PLAN
SEE LAST PAGE OF DOCUMENT FOR ORDER NUMBER 139-09
2
Table of Contents
.
Pal!e
5
6
7
8
11
Section
Executive Summary
Introduction
Vision and Guiding Principles
Strategies at a Glance
Context for Planning
11 Who is Homeless in Jackson County?
12 What is it Like to Experience Homelessness in Jackson County?
13 Community Collaboration: The Jackson County Homeless Task Force
14 Ten Year Plans to End Homelessness
18 The Plan
20 Strate!!\' 1: Increase the stock of permanent, affordable, and supportive housing for
individuals and families who earn S 30% of the Area Median Income (AMI).
21 Strate!!\' 2: Increase agency coordination and service integration at all
levels.
22 Strate!!\' 3: Provide case management to help people maintain stable
rental housing.
23 Strate!!\' 4: Provide financial assistance and life skills training to help
people move into stable housing.
24 Strate!!\' 5: Develop and increase sustainable emergency and transitional shelter
and permanent, supportive housing options for youth and other vulnerable
populations as they emerge.
25 Strate!!\' 6: Develop an ongoing community campaign to highlight
emerging issues in the continuum of homelessness.
27 Community Partnership
27 Essential Support Services
28 Summary
30 Appendices
30 Logic Model
31 Ten Things You Can Do
32 Future and evolving issues
33 Summary of findings: 2009 Homeless Survey and One Night Shelter Count
35 Costs of Homelessness
36 Resources
37 Acknowledgments
3
From a father whose family has
experienced Homelessness in
Jackson County
''/ was walking down the sidewalk in the middle of winter with
eVf!rything weowned.int,hreesuitcasf!f" my;:, wife and three
daughters following. That's when ithit me that we were homeless
and they expected me to do something. Until you experience this
there i8ilO waydo explain the gUllt and fear tha.t consumes you. I
could not look them in the eye I was so ashamed. Someone told us
about Th(3 SaJy{ltion;A.zwy,so We went; .there. They asked if I
, ". .., ',: .. ',,;'o'?, ,. '.0 '~';..,,' /', .,:,:':;'::':. ...'".,,' .0 '..' ...." ' ' "
would be willing to work their program and remain clean' and
sober. I was grateful for the opportunity to get back on track .with
my life, .:and without this program .there wouldn 'tbe a second
cha~ce f()r"me or others. Before coming into this program we, in
fOlfrteen :years,..had fleverl1:1dasavings a cco up t. W~Bre doing
gT~at, l'v.e gotten a "Clriver's licen~e after'neve~ haVing one in
Oregon. My wife and 181'e both working and have enough money
saved fo; first, last;;i'nd a deposit. to transition into our,pwn
home." .
4
Executive Summa.ry
Jackson County, Oregon is joining a nation-wide trend to develop Ten Year Plans to End
Homelessness. Jackson County, United Way of Jackson County, and the Jackson County
Homeless Task Force have worked closely with community partners to create a plan to
reduce the numbers, mitigate the impact, and improve outcomes for people who experience
homelessness over the next Ten Years in Jackson County.
The six strategies of Jackson County's Ten Year Plan include:
1
2
3
4
Increase the stock of permanent, affordable, and supportive housing for
individuals and families who earn < 30% of the Area Median Income (AMI).
Increase agency coordination and service integration at all levels.
5
Provide case management to help people maintain stable rental housing.
Provide financial assistance and life skills training to help people move into
stable housing.
Develop and increase sustainable emergency and transitional shelter and
permanent, supportive housing options for youth and other vulnerable
populations as they emerge.
Develop an ongoing community campaign that highlights emerging issues in
the continuum of homelessness.
6
Each of these six strategies will be implemented through a series of goals and action steps.
The Plan identifies the necessity to expand partnerships and relationships with landlords
to jointly manage and share the risk of renting to people who have experienced or are at
risk of homelessness. The following essential support services must also be addressed to
impact homelessness:
. Increase income for the employable and unemployable.
. Increase capacity of substance abuse treatment and mental health services.
. Increase access to health care.
. Increase access to childcare.
. Expand transportation options through the efforts of the Rogue Valley
Transportation District.
The Jackson County Ten Year Plan to End Homelessness will serve as a strategic,
evolving framework to guide coordinated community efforts that respond to local issues in
homelessness as they emerge over the next decade.
5
Introduction
Jackson County, United Way of Jackson County, and the Jackson County Homeless Task
Force have led the community.wide effort to develop the Jackson County Ten Year Plan to
End Homelessness. The Ten Year Plan builds upon the existing efforts and plans that are
already in place for the Rogue Valley. The Ten Year Plan will be a tool that results in long-
term commitments from a broad spectrum of community stakeholders to implement the
identified strategies.
This Ten Year Plan initiates a campaign to end homelessness in Jackson County by
setting forth a broad range of coordinated strategies that address multiple issues across
the continuum of homelessness. Ten Year plans are designed to help prevent and end
homelessness . not just manage it. This Plan highlights the recommendations of a county-
wide, interdisciplinary planning group who worked over an IS-month period. It is best
understood as a framework for strategic directions that the Planning Group has identified.
The Plan integrates and enhances existing community planning, efforts and priorities.
The result is an even stronger foundation on which to build in the coming months and
years to prevent and eliminate homelessness in Jackson County. The plan will continue to
evolve over time as a living document that will guide community efforts to respond to
emerging issues related to homelessness in Jackson County.
The strategies that are recommended in this document have been formulated by three
separate Work Groups:
. Infrastructure,
. Data, and
. Permanent Housing.
These Work Groups were comprised of key individuals from across the county and were
charged with creating a set of recommended goals. The Work Groups sought input from
various sectors of the community. They also researched other cities' plans and studied best
practices.
The next stage of the planning process will focus on integrating the recommendations into
a more cohesive whole; engaging more community representatives, identifying lead
agencies and critical partners, and identifying funding strategies, outcome measures, and
target dates for completion.
6
Vision and Guiding Principles
Vision: Homelessness in Jackson County, Oregon will end in ten years.
Guiding Principles: The following principles will guide the Plan to end homelessness in
the next ten years:
J
. Individuals and families experiencing homelessness and those 'who are at-risk of
homelessness should have accessible, affordable housing, and the, supportive
services necessary to maintain that housing.
. Individuals and families experiencing homelessness and those who are at-risk of
homelessness should receive coordinated services from various agencies to help
them secure and maintain housing, to meet their individual and family needs, and
to maximize their independence and integration within the community.
. Preventative protocols should be in place to ensure that individuals and families are
able to maintain their housing. This must include a system that provides
coordinated and consistent case management and access to services and assistance
that contribute to housing stability such as financial assistance programs and life
skills classes.
. The Plan will be modified over time to meet the changing needs of the community.
These guiding principles lead to and are reflected in the Plan's six main strategic priority
areas.
7
Strategies at a Glance
At the core of this Plan are six broad strategies:
Increase the stock of permanent, affordable, and supportive housing for
1 individuals and families who earn:5 30% of the Area Median Income
(AMI) .
. Identify current housing providers and potential housing providers.
. Hold a forum to discuss partnership and collaboration needs with respect
to housing development.
. Explore partnerships to rehabilitate existing motels into single room
occupancy units for people expenencIng homelessness who have
disabilities.
. Explore technical assistance options and funding for capacity building of
nonprofit housing developers.
. Research funding options to develop SROs.
. Develop more housing stock targeted to populations who earn :S 30% of the
AMI.
. Explore possibility of establishing a HOME consortium for increased HUD
funding.
. Explore implementation of rapid re- housingl"Housing First" models.
2 Increase agency coordination and service integration at all levels.
. Continue a system"wide examination of agencies providing emergency
services with the goal of maximizing effective use of available emergency
funding with an increased focus on keeping people in their homes.
.. Continue to promote agency coordination and service integration at all
levels.
8
Strategies at a Glance, continued
3 Provide case management to help people maintain stable rental
housing.
. Train personal navigators/mentors to help people through Social
Security Administration, Department of Human Services and other
systems.
. Enhance discharge planning across disciplines with annual training
semInar.
. Ensure adequate aftercare for people who successfully complete
transitional programs.
. Standardize assessment/ intake form.
4
Provide financial assistance and life skills training to help people move
into stable housing.
. Increase staffing and funds for deposit, rent, and utility assistance
programs.
. Increase consumer financial management skills by providing classes.
. Increase consumer access to mainstream financial instruments, such
as checking and savings accounts.
. Increase access to tenant skills classes - promoting referrals by social
. service agencies and including in outreach efforts.
. Duplicate/expand the Housing Authority of Jackson County's Family
Self-Sufficiency model.
Develop and increase sustainable emergency and transitional shelter
5 and permanent, supportive housing options for youth and other
vulnerable populations as they emerge.
. Support development of youth emergency shelter.
. Begin development of permanent supportive housing for women with
mental illness.
. Continue to monitor status of service capacity for homeless veterans.
9
Strategies at a Glance, continued
6
Develop an ongoing community campaign to highlight emerging issues
in the continuum of homelessness.
. Convene a workgroup to establish data collection and reporting
methodology.
. Seek partnerships and funding for data collection and publication.
. Create and publish an annual report card on the progress of ending
homelessness in Jackson County.
. Create an annual public event, Project Homeless Connect, to
provide services to the homeless and to raise community awareness of
the issue.
. Create governmental champions of the Plan by approaching all
jurisdictions in Jackson County, to encourage ownership and
involvement.
. Publically unveil the Ten Year Plan to End Homelessness.
10
Context for Homelessness in Jackson County
Who is Homeless in Jackson County?
For most local residents the very obvious answer to the question is "Those panhandlers
standing at the freeway exit and on corners." However, those relatively few individuals in
numbers belie the true scope of homelessness in our community. The homeless do live on
the Greenway along Bear Creek; they live in cars, in shelters, in transitional programs
and doubled or tripled up with other families. The homeless are teens who "couch surf'
because they can't return home for one reason or another. They are families who couldn't
pay the rent due to loss of work, disability or drug abuse. They are people with mental
illness or developmental disabilities who just can't quite make it. And there are even a
few who chose the freedom of being homeless. Some are on disability, some work and some
have no income. Some hide, some are obvious and some do their best to blend in. Some
are homeless for lengthy periods and some are just going through a difficult period of their
lives. All of them lack the support of a personal network of family or friends to help get
them through tough times. What may be surprising to readers is that at anyone given
time there are six to nine hundred homeless individuals of all ages in our valley.
It is challenging to count the homeless. Every year the Jackson County Homeless Task
Force, a coalition made up of agencies that provide services to the homeless, does its best
to get a handle on the number. It conducts a one-night shelter count, street outreach and
a week-long survey of the homeless who go to agencies for assistance.
In January 2009, 899 people were accounted for in these two surveys. (See Appendix fOr
full survey. 2009 data may include some duplicate veteran counts.)
. 82.3% were single, 16.2% were homeless families.
. 1.3% were children 17 years old or under; 2.5% were seniors 70 years or older.
. 45.4% reported substance abuse, 28.5% physical disability, 37.8% emotional
disorder, 7.9% developmental disability.
. There was a range of self-reported reasons cited as the cause of losing their last
living arrangement. The top three were: unemployment (32%), couldn't afford rent
(27.6%), and mental/emotional disorder (23.6%). Some respondents reported being
homeless by choice (16.9 %).
People who provide services to individuals and families experiencing homelessness believe
there are many more people who are not counted in the annual survey: some don't want to
be counted, while others just don't come in for assistance during the week of the survey.
Local school districts have specialists who keep track of hundreds of homeless youth living
on their own or with their families. Only a few of these youth are reflected in the 2009
Annual Homeless Count.
11
What is it Like to Experience Homelessness in Jackson County?
There are a variety of resources available for people who are about to lose or have lost
their housing. However, many of these resources are currently limited and at risk of being
reduced when demand is increasing due to the state of the economy. For example, there
are three emergency shelters in Jackson County all located in Medford; the Men's and
Women's Gospel Missions and St. Vincent de Paul's emergency shelter program. The
Salvation Army provides transitional housing for individuals and families. Interfaith
Care Community of Medford and Rogue Retreat provide transitional housing for men and
women separately, including veterans. A special program at DASIL for people with
disabilities experiencing homelessness provides rental subsidy for permanent housing.
Many agencies and some churches provide meals, food boxes, vouchers for clothing and
household goods, and bus tokens for appointments or work.
Experiencing homelessness can increase anyone's vulnerability for a variety of health and
safety risks. This can be exacerbated for certain populations, such as women and those
with mental illness, developmental or physical disabilities who have an even greater
susceptibility to victimization which is further compounded by homelessness. Additionally,
it can be even more difficult to ensure access and provision of the available services for
people with special needs who are homeless.
Once people transition into their own home they can receive assistance in preparing for
employment and obtaining a job from The Job Council and the Oregon Employment
Department. Veterans can receive a number of services from the Homeless Outreach
Project of the Veterans Administration Southern Oregon Rehabilitation Center and
Clinics (VA SORCC). Alcohol and drug treatment from OnTrack, Inc., the Addictions
Recovery Center and mental health services from Jackson County Mental Health are
available if needed. Homeless teens and families with children can receive assistance at
the Maslow Project, a drop-in center with wraparound support services. Hearts with a
Mission is working to open an emergency shelter for teens who are homeless and
unaccompanied by their parents.
For people who are on the verge of losing their housing, some assistance is available. For
example, ACCESS provides rent and utility assistance. The state Self Sufficiency Office
provides assistance to families who are receiving Temporary Assistance to Needy Families
(often referred to as "welfare"). People who have difficulty obtaining housing, due to poor
tenant history, have the opportunity to complete an S-week class @ DASIL, called Second
Chance Renters Rehabilitation, and receive a certificate to be presented to prospective
landlords.
There is the potential for an emerging population of families experiencing home
foreclosures who are at risk of experiencing homelessness, perhaps for the first time.
Jackson County has seen a significant increase in home foreclosures. In March 2009, 1 in
every 97 housing units was in foreclosure, an estimated 1,707 homes
(www.RealtvTrac.com. April 2009).
12
Community Collaboration: The Jackson County Homeless Task Force
The Homeless Task Force is a committee of the Jackson County Community Services
Consortium. Active since 1989, the Task Force is comprised of approximately 25 public
and private non-profit social service agencies and non'profit housing providers.
The Homeless Task Force meets monthly to provide an opportunity for agencies to check
in with each other, to share information and resources, to work together on public events
that educate the community about homelessness and to bring as many financial resources
to this area as possible. The Homeless Task Force has four active subcommittees:
Homeless Veterans Committee, Homeless Youth Networking Council, Accessible
Affordable Housing Work Group and Project Homeless Connect. It is at the subcommittee
level that gaps are identified and addressed with resources specific to each population.
The subcommittees monitor needs and services for their populations and, when necessary,
develop and implement collaborative projects to remedy specific gaps in services or to
resolve issues.
The Annual Homeless Survey and One Night Shelter Count are coordinated efforts of all
Task Force Members. Sub-committees of the Homeless Task Force focus on the needs and
gaps in services to particular homeless populations (e.g. youth, veterans). The results of
the 2009 Homeless Survey and One Night Shelter Count can be found in the Appendices.
In its role as community educator about homelessness, the Task Force takes frequent
action. For example, the Homeless Task Force and its subcommittees:
. Holds annual press conferences to publicize the results of the homeless count
. Produced two community'wide conferences on homelessness; one on accessible
affordable housing and one on McKinney funding for homeless youth programs
. Commissioned a photography exhibit to put faces to the local homeless issue, called
"Portraits of Disconnection"
. Invited Wyman Winston, the Assistant Director of the Portland Development
Commission, to speak to local elected officials and planners about creative options
to encourage the development of more affordable housing.
Strategic planning is a critical function performed by the Task Force. For example,
working population by population, gaps have been identified and collaborative solutions
developed. A "rolling" 5'year strategic plan is updated annually in conjunction with the
federally directed Continuum of Care process whereby the community puts in a joint
application for the federal Housing and Urban Development funding for a variety of
projects. Examples of collaborative projects that have been developed in the last few years
are:
. Transitional housing for veterans, provided by Interfaith Care Community of
Medford, in cooperation with the Veterans Administration in White City. (Homeless
Veterans Committee)
13
. Home At Last permanent supportive housing for people with disabilities, operated
by DASII~ and Senior and Disability Services of Rogue Valley Council of
Governments. (Accessible Affordable Housing Work Group)
. Second Chance Renters Rehabilitation Classes, coordinated by DASIL, and taught
by a number of other agencies with expertise in life skills. (Full Homeless Task
Force)
For years, the strategic planning process identified a lack Qf services and emergency
shelter beds for homeless teens as the highest unmet need. Community partnerships of
agencies represented on the Homeless Youth Networking Council successfully resulted in
the Maslow Project Service Integration Center for Youth in Transition. The Homeless
Youth Networking Council also works with the Child Welfare Teen Team to address the
needs of teens in the foster care system. School Homeless Resource Advocates are
developing a network between districts to enable collaborative problem-solving. Finally,
but not least, a new organization, Hearts with a Mission, was created specifically to
develop a shelter for homeless teens in Medford.
Homelessness is a complex problem with a multitude of causes. The long-term effects of
having nowhere to call home can be exhausting, demoralizing and dehumanizing for
individuals and families. This is why it is key for social service and housing agencies to
work collaboratively and respectfully with people who are experiencing homelessness to
find appropriate solutions. The end goal is permanent housing of one's own.
Ten Year Plans to End Homelessness
Jackson County is joining a nation-wide trend to develop Ten Year Plans to End
Homelessness. More than 300 communities across the United States are working on ten
year plans that include a variety of strategies ranging from preventing homelessness to
creating permanent housing for the chronic homeless. There is increasing national
attention on preventing and addressing homelessness in response to the overwhelming
need combined with societal costs.
An estimated 744,000 people are homeless in America on any given night and 2.5 to 3.5
lllljJjOll people experience homelessness each year!. It is more expensive to address
homelessness in hospitals, jails, shelters and schools than it is to prevent homelessness
from occurring in the first place. The societal cost of managing homelessness adds up to
billions of dollars each year. Ten-year plans present an opportunity for communities to
align resources, policies, and programs in an integrated, effective way.
14
In the fall of 2006, the Jackson County Board of Commissioners decided to create a Ten
Year Plan to End Homelessness after hearing a presentation by Paul Carlson, the
Northwest regIOn representative of the United States Interagency Council on
Homelessness (USICH), with additional information presented by David Christian, Chair
of the Jackson County Homeless Task Force.
USICH IS a federal council leading a national research'based initiative to end chronic
homelessness. Ashland City Council Member Cate Hartzell invited Paul Carlson to gIve
several presentations In Southern Oregon after seeIng a similar USICH presentation at
Governor Kulongoski's summit on homelessness in the spring of 2006.
"Horilelessness is a national probiem with locaFsolutions. No one federal agency, no
one l~vel of government and no one, sector of the community can reach the goal of
I. endil1ghomeless,ness aloI1.f.;Federala.gency collab()rationsa.ndpartneIships witlj;s,ta.te
in .' an<li~~tal govefnTeritsart~ithe priV~tlland faitH"llflsed artd.'c()mmuhitysector~arrekey
to achieving the objectives of preventing and ending homelessness/', United,,states
InteTagency Councilon Homelessness2 .
"I am inspired by the federal effort because of its common sense approach to the economics
of homelessness. Its message that it's cheaper to respond to homeless people than to
Ignore them appeals to the business community and fiscally conservative taxpayers. It's
great to see businesses across the country engaging in this effort," said Cate Hartzell, who
also works directly with the homeless In her position with the Department of Human
Services.
Although Ten Year Plans take many shapes depending upon local needs, the most
effective plans share four components:
(1) Planning for outcomes,
(2) Prevention,
(3) Intervention, and
(4) Building infrastructure.
For more descriptive information about these components, visit the websites for the
National Alliance to End Homelessness (www.naeh.org) and the Interagency Council on
Homelessness (www,ich.gov).
Another essential ingredient for Ten Year Plans that gets results (instead of sitting on a
shelf) IS the involvement of key stakeholders such as local policy makers, agency heads,
business and civic leaders, social service agencies, faith based organizations and churches,
the general public, and people who have experienced homelessness. Engaging people In
the planning process who can make decisions and commit resources on behalf of those
whom they represent Increases broad community ownership and drives strategies that
will be meaningful and make a difference.
15
Once the Jackson County Commissioners committed to supporting the process, a small
group of people began to meet to discuss how best to implement the planning process. In
June of 2007, the County, United Way and the Homeless Task Force hosted a kick'off
meeting for the Ten Year Planning Process. Over 100 participants attended, representing
jurisdictions, law enforcement, medical providers, human service providers, the Veterans
Administration, faith communities, business people, higher education, interested citizens,
and homeless people, themselves.
A "fishbowl activity," where people candidly discussed the reasons they lost their housing,
brought home the reality of homelessness in our community and the imminence of the
issue to the lives of all residents. The outcome of the meeting was the commitment by a
majority of the attendees to participate in the planning process at one of three levels:
steering committee, planning group or touchstone group. The latter would serve as a
sounding board in response to the efforts of the planning group.
In Jackson County, the executive steering committee for The Plan, called the Planning
Group, includes representatives from both public and private sector organizations
including leaders from:
. Business,
o Health Care,
o Employment Services,
o Social Services,
o Housing Services,
o City and County Government,
o State Mainstream Benefits Agencies, and
o Citizens.
The Planning Group was responsible for completing a plan that will be effective.
16
\'1.., __tu!!
ItllX:.ii;".-.
From a person who
successfully transitioned
out of homelessness
in Jackson County
."In October of 2002 I went:tojail on various charges including possession
of controlled substances. Shortly thereafter, my wife and two sons, ages 7
and 8, were homeless. On Dec '2, 2002 they cllecked into The Salvation
A!,myHopeHouse. {it that til1J~,;We had nothing left~xcept eachother and
30 thousand dollars debt in collection. Both my wife and I at this time
decided our lives had to change. We realized that drugs and alcohol had
destroyed our lives. So in March of 2003, when I got out Ofjlll] my wife was
well esta.blished. Sh~~as' wqtking full tjWei iJad'the boysipa nearby
school and. was doing quite weILl cam~ 1n'/;0 tHe sh~lter andt~lked to the
case manager. Together we came up. with an actiop plan, and it worked
arolllldthe fact thatl had one more court case hanging over my head. My
'wHe was.~ork,ing f!ndl took eff!rY]J.art til11e job I cquldget. So. by May of
2003 we pulled a good portion..ofour savings. 1 caweinto the.office and,'
with the case managers help, started contacting creditors. It took all day,
but ill the end we had eliminated or set up payments on over 40% of our
debt.... Now my wife.and I have. a car, some solid clean time, andnew hope~
,We came./lito The Hope House broke.n-'21 years of drugad.diction and.
criminal histOlJ' behind us. We left August 10, 2004 debt free with a car
and. a fresh chance at hEe. Today I am proud to say that we have over 4 Y2
years clean and sober. I have a drivers license after 20 years of not having
one. We i?othllaye'full time. jpbs and are rentingj house. We've been
working Hard on establishing a credit line. And believe for thi? first time
that some day we will buy our own home."
17
The Plan
Jackson County's Ten Year Plan has six main strategies:
Increase the stock of permanent, affordable, and supportive housing for individuals
and families who earn < 30% of the Area Median Income (AMI).
1
2
3
4
5
6
Increase agency coordination and service integration at all levels.
Provide case management to help people maintain stable rental housing.
Provide financial assistance and life skills training to help people move into stable
housing.
Develop and increase sustainable emergency and transitional shelter and
permanent, supportive housing options for youth and other vulnerable populations
as they emerge.
Develop an ongoing community campaign that highlights emerging issues in the
continuum of homelessness.
These six strategies are further broken down into a series of goals and action steps in
order of priority.
Strategy 1
Increase the stock of permanent, affordable, and supportive housing fOr individuals and
families who earn 5 30% of the Area Median Income (AMI).
One of the most effective ways to end homelessness is to ensure that there is a sufficient
supply of affordable housing . available to those with extremely low household incomes,
including supportive housing for individuals and families who are faced with complex
challenges and thus, need services to remain housed.
In order to implement this strategy, new partnerships must be formed and funding
streams must be identified to rehabilitate and/or develop single room occupancy (SRO)
dwellings, and new models for providing permanent and supportive housing, such as
Housing First must be explored.
This first strategy addresses one of the systemic problems of homeless ness-affordable
housing-that leads to crisis poverty, of which homelessness is an extreme example. The
intermediate outcome of this strategy is an increase in affordable housing stock along the
continuum. This includes a variety of solutions to meet the needs of varying populations,
such as Single Room Occupancy (SRO) units, special need populations, and transitional
housing resources. The following tables illustrate the need for more permanent and
affordable housing for individuals and families with extremely low household incomes in
Jackson County.
18
Oregon . Jackson County
Annual $61,100 $55,400
Monthly $5,091 $4,616
30% of AMP $18,330 $16,620
The 2009 Fair Market Rent (FMR) for a two-bedroom apartment in Jackson County is
$745. In order to afford this amount ofrent and utilities, without paying more than 30% of
income on housing, a household must earn $29,800 annually. The Housing Wage in
Jackson County is $14.33, assuming a 40-hour work week, 52 weeks per year.
Zero-Bedroom
One-Bedroom
Two- Bedroom
Three- Bedroom
Oregon (2008)
$517
$603
$721
$1,037
Jackson County (2009)
$499
$593
$745
$1,084
In Jackson County, a minimum wage worker earns an hourly wage of $8.40. In order to
afford the FMR for a two-bedroom apartment, a minimum wage earner must work 68
hours per week, 52 weeks per year.
2008 Renter; House~m Income
Estimated Median' $33,000 $27,876
% Needed to Afford 2 87% 105%
BR FMR
Rent Affordable at $825 $697
Median
% Renters Unable to 44% 51%
Afford 2 BR FMR
1 An annual income of 30% of AMI or less is considered the federal standard for Extremely Low Income
households.
2 Estimated by comparing the percent of renter median household income required to afford the two'
bedroom FMR to the percent distribution of renter household income as a percent of the median within the
state, as measured using 2006 American Community Survey data.
19
The following table summarizes the specific action steps that are proposed to implement
this strategy.
Adtion Steps"'n"
}'" ",'I
1. Identify current and
potential housing
providers.
2. Hold a forum to
discuss needs for new
partnerships and
collaborations around
housing development.
3. Identify partnerships
to rehabilitate existing
motels into single room
occupancy (SRO) units
for homeless with
disabilities.
4. Identify technical
assistance options/
funding for capacity
building of non-profit
housing develo ers.
5. Identify funding
options to develop SROs.
6. Increase housing stock
targeted to people at :S
30% AMI.
7. Explore possibility of
establishing a HOME
consortium for increased
HUD funding
8. Explore
implementation of "rapid
re- housing" / "Housing
First" models.
Jackson County Homeless
Task Force
Jackson County Homeless
Task Force
Jackson County Homeless
Task Force
TBD
Jackson County Homeless
Task Force
Accessible Affordable
Housing Subcommittee
City of
Medford
Governmental
jurisdictions of
Jackson County,
Ashland,
Medford &
Central Point
TBD
, Bellchmarks
Number of current housing
providers identified.
Number of potential housing
roviders identified.
Forum held.
au tcome offorum is reported to
critical partners and providers.
Number of partners identified.
Number of technical assistance
options/funding identified.
Number offunding options
identified.
Number of new housing units
developed that target people at:S
30% AMI.
Hold meetings with partners to
establish consortium.
Study best practices.
Hold meetings of lead and critical
partners to discuss next steps.
20
Action Step 8 of Strategy 1 refers to two strategies that have been used successfully in
other places in the United States: "Rapid Re-housing" and "Housing First." More research
is necessary in order to evaluate whether they are appropriate and implementable in
Jackson County.
"Rapid Re-housing" is a program of case management and other services to move families
from homelessness into permanent housing, with an emphasis on shortening the period of
time they are homeless. This process includes assistance with finding housing and,
possibly, working with the landlord to allow them to rent, in spite of a poor tenant history.
The program also provides initial financial assistance for rent and utilities. The
individual or family may require additional case management assistance once they are
housed, to maintain their situation. This program reduces the time an individual or
family is in a shelter, and by-passes transitional programs altogether, in an attempt to get
life back to "normal" as soon as possible. It assumes the participants have sufficient
ongoing income to pay rent where they are placed.
"Housing First" is a program that places individuals into permanent supportive housing,
no matter their state of sobriety, rather than using the possibility of permanent housing
as a carrot to encourage participation in substance abuse and mental health treatment.
The system has been shown to be effective in stabilizing individuals who want to take
advantage of treatment, increasing their rates of success. However, there are financial
and societal barriers that must be considered when deciding whether and how to
implement a Housing First program.
Strategy 2
Increase agency coordination and service integration at all levels.
Increasing the supply of permanent and supportive housing is critical to any effort to end
homelessness. While this Plan places its first priority on housing, there is an equally
urgent need to ensure that people receive the services they need to secure and sustain
housing. For those individuals and families who are homeless or at-risk of homelessness,
services are crucial to their financial stability, self-sufficiency, and well-being.
The complexity of homelessness underscores the need for various agencies and sectors
within the community to work together to coordinate their services and thus, increase
their effectiveness at all levels. The intermediate outcome of this strategy is to strengthen
the service system in Jackson County, including an increase in the effective use of
available emergency funding with a focus on keeping people in their homes.
The following table summarizes the specific action steps that are proposed to implement
this strategy.
21
Action Steps Lead Benchmarks
1. Conduct a system- Jackson
wide examination of County Emergency Community inventory of existing
agencies providing Homeless serVIce service capacity and gaps.
emergency services. Task Force providers
Jackson Agreement reached on
2. Standardize County Workgroup of standardized assessment/intake
assessment/intake Community community form.
forms. Services serVIce
Consortium agencIes Form disseminated to programs
for s stem-wide use.
3. Develop a system of United
Way of Community inventory of
real-time information Jackson Emergency opportunities and barriers
sharing about County, serVIce between existing information and
available client Community providers referral strategies.
services and resources Works
Strategy 3
Provide case management to help people obtain and maintain stable rental housing.
An essential component for ending homelessness is a system that provides coordinated
and consistent case management. The third strategy is a preventative measure aimed at
ensuring individuals and families maintain their rental housing. This strategy also
emphasizes another preventative measure, discharge planning. Discharge plans should be
well coordinated with community agencies for individuals leaving mental health facilities,
foster care, jails and prisons, and hospitals who are at risk of homelessness.
The following table summarizes the specific action steps that are proposed to implement
this strategy.
22
ActionSteps Lead Critical BenchrD.arks
Partners
Jackson Number of navigators/mentors
1. Train personal County trained.
Center for Homeless Task
navigators/mentors to Non- Profit Force Number of people served by
help people through Legal navigator/ mentor.
SSA, DHS, and other Services Rogue Valley
systems. (training) Manor N um ber of people who obtain or
Community maintain stable rental housing as
Services- RSVP a result of mentorshi
Jackson Develop and hold an annual
2. Improve discharge County discharge planning training
Community semInar.
planning across TBD Services
disciplines. Consortium, Number of discharge planners
Professional who attend annual training
roups semInar.
3. Ensure adequate Transitional Jackson Number of people who receive
aftercare for people housing County adequate aftercare upon
who successfully serVIce Homeless Task completing a transitional
complete transitional providers Force program.
programs.
Strategy 4
Provide financial assistance and life skills training to help people move into stable
housing.
This fourth strategy presents another effort aimed at homeless prevention. Individuals
and families must have access to services and assistance that contribute to their housing
stability such as assistance with rent or utility bills and access to mainstream financial
instruments such as checking and savings accounts.
The following table summarizes the specific action steps that are proposed to implement
this strategy.
23
Action Stjlps Lead Critical Benchmarks
';.z;>'"'K~, Partners
1. Increase staffing and Jackson Number of new staff employed.
County
funds for deposit, rent, ACCESS Community
and utility assistance Services Percent increase in funding for
programs. Consortium deposit, rent, and utility programs.
Number of individuals who
Consumer Jackson complete class in financial
2. Increase consumer Credit County management skills.
financial management Counseling Community
skills. Services Number of individuals who
Service Consortium increase their financial
mana ement skills.
3. Increase consumer Agencies that Number of individuals who are
access to mainstream referred to banks.
financial instruments, Banks provide case
such as checking and management Number of individuals who open a
savin s accounts serVIces checking and/or savin account.
Number of individuals who are
4. Increase consumer DASIL, CNPLS, CCCS, referred by social service agencies
access to tenant skills St. Vincent Avista, SO to tenant skills class.
classes. de Paul Rental Owners
Association Number of individuals who
com lete class in tenant skills.
Jackson
5. Duplicate/expand County Number of families who
HAJC Family Self- HAJC Homeless Task participate in programs.
Sufficiency model. Force,
Goodwill
Strategy 5
Develop and increase sustainable emergency and transitional shelter and permanent,
supportive housing options for youth and other vulnerable populations as they emerge.
The Jackson County Homeless Task Force focuses on individual homeless populations
through its system of sub-committees. Over time the sub-committees have developed
collaborative projects to address gaps in the overall system of housing and services.
Through the past few years the lack of emergency shelter beds for teens has been
identified as a serious gap. During the past year one group, Hearts with a Mission has
made significant strides in the development of a youth shelter, though it is not yet in
24
operation. It will require the support and coordination of a variety of service providers
and funding sources to bring the shelter fully to fruition.
Another population that has been identified as falling through the cracks is that of
homeless women with mental illness. Creating permanent supportive housing for those
women is next on the "to do" list of the Homeless Task Force through the Accessible
Affordable Housing Work Group.
The following table summarizes the specific action steps that are proposed to implement
this strategy.
Action Steps
1. Support
development of youth
emergency shelter for
both in-school and out
of school teens from
10-17 years of age.
2. Begin development
of Permanent
Supportive Housing
for women with
mental illness who are
homeless.
3. Continue to monitor
sta tus of service
capacity for homeless
veterans.
Strategy 6
Lead
;;;f
Hearts with a
Mission
DASIL
Veterans
Subcommittee
of the
Homeless
Task Force
Youth Service
Providers,
Faith Based
Community
Accessible
Affordable
Housing Work
Group
V ASORCC,
Salvation
Army,
Interfaith
Care
Community
.1'
BeJlchmarks
,,,,,;,~'
Number of emergency shelter
beds.
Meetings are held
Planning begins,
Funding sources researched
Annual review of local data
Develop an ongoing community campaign to highlight emerging issues in the continuum
of homelessness.
Successful approaches to address systemic causes of homelessness and increase service
coordination, which are necessary to prevent and end homelessness, depends in large
measure on having good information to track progress, evaluate results, and determine
25
whether resources are being used most efficiently. Good data is also essential to ensure
accountability to the community and to build public support by demonstrating that
progress is being made to prevent and end homelessness. To this end, the sixth strategy
highlights the need to convene a workgroup, build partnerships, and secure funding to
develop a strategic public awareness campaign about homelessness, as well as to track the
progress of this Plan over time.
The following table summarizes the specific action steps that are proposed to implement
this strategy.
Action Steps Lead Benchmarks
1. Convene work group to Workgroup convened.
develop strategic public Jackson County Homeless
Task Force Key issues and messages
awareness campaign defined.
ACCESS, Health care, Workgroup convened.
2. Convene a workgroup to Jackson business, and
establish data collection and County Agreement reached on data
reporting methodology. Homeless government collection and report
'Task Force sectors. methodology.
ACCESS, United Way, Partnerships formalized.
3. Seek partnerships and Jackson Southern Funding secured for data
funding for data collection County Oregon
and publication Homeless University collection and publication.
Task Force (SOU) . Ann ual re ort card ublished.
4. Create an annual public Project All service Event takes place on June 5,
event, Project Homeless Homeless providers, the 2009.
Connect, to provide services Connect press
to the homeless and to raise Committee
community awareness of the
Issue.
Present plan at Jackson County
Ten Year Commissioners meeting
5. Create Governmental Planning Homeless Task Develop a common PowerPoint
Champions of the Plan Group Force presentation
Make presentations to every
jurisdiction in Jackson County
4. Publically unveil the Ten Homeless Ten Year Hold Press Conference at
Year Plan Task Force Planning Group Project Connect Event, 6/5/09
26
Community Partnerships
In addition to the six main strategies, this Plan has identified the following Community
Partnerships as a critical component toward meeting the housing needs of individuals and
families who are experiencing or are at risk ofhomelessness.
. BUild partnerships and relationships with landlords to jointly manage and share
the risk of renting to people who have experienced or are at risk of homelessness.
The goal of these partnerships is to initiate a dialogue with landlords about how to
best provide rental housing to people who are experiencing or who are at risk of
homelessness.
o A starting point toward achieving this goal is to partner with the Southern
Oregon Rental Owners Association to begin the discussion on issues
surrounding rental housing and homelessness.
o Create and maintain a housing stability fund to decrease the risk to
landlords.
Essential Support Services
This Plan has also identified five Essential Support Services. These services are
interrelated to the experience of homelessness and must be addressed to effectively
prevent and end homelessness in ten years.
. Increase income fOr the employable and unemployable. To implement this service it
will be necessary to:
o Intervene early in the application process to assist SSI applicants and other
public benefits claimants through the hearing and appeals process.
o Increase education among potential recipients of benefits (e.g., Earned
Income Tax Credit/Childcare Tax Credit) through a community campaign
that targets businesses, churches, service agencies, employers, and schools.
o Connect adults with disabilities and disadvantaged youth with school and
work opportunities that will help them reach their full potential.
o Support the efforts of the Workforce Development Council to convene a
learning group that will examine workforce skills and employment
opportunities. Focus one or more Homeless Task Force meetings on
employment and invite key players (Vocational Rehabilitation, Employment
Department, Rogue Community College, Southern Oregon University,
Southern Oregon Goodwill Industries, etc,)
27
. Increase capacity of substance abuse treatment and mental health services. To
implement this service it will be necessary to:
o Decrease the time that intervention services are provided when an individual
is in need.
o Convene a task force to assess substance abuse treatment and mental health
service gaps in the County.
o Support the efforts of the Community Crisis Response Project.
. Increase access to health care. To implement this service it will be necessary to:
o Advocate for expansion of the Oregon Health Plan (OHP), especially in the
area of re-enrollment.
o Increase the number of Jackson County's children covered by the Children's
Health Insurance Program through advocacy and outreach efforts.
o Research options for increasing access to healthcare for individuals and
families experiencing homelessness.
o Follow and participate in discussions on the state of Oregon's health care
expansion activities, including promotion of awareness about expanded
opportunities/eligibility through federal stimulus funding.
. Increase access to child care. To implement this service it will be necessary to:
o Convene county and state childcare experts and individuals seeking childcare
services to examine and discuss efforts at increasing the capacity, quality and
affordability of childcare.
. Expand transportation options through the effOrts of the Rogue Valley
Transportation District. To implement this service it will be necessary to:
o Convene a strategy group to develop community solutions to transportation
needs of individuals with disabilities, those experiencing homelessness, and
low-income. For example, shuttle service between service agencies.
28
Summary
The strategies included in this plan reflect the expertise of a broad range of dedicated
community partners who believe that this plan will be a valuable tool for improving the
status of homelessness in Jackson County. The prioritization of these strategies may look
different at any point in time, depending upon the current community needs. The
strategies will be evaluated on an ongoing basis and modifications will be made as
necessary. The Plan will be used as a tool to engage broader community stakeholders in
resolving the issues surrounding homelessness. The Jackson County Homeless Task Force
will be the interdisciplinary community group that oversees the implementation and
necessary revisions in the Plan over time.
A frequently asked question is, "Can we really end homelessness in ten years?" Other
communities are seeing dramatic results as a result of their plans. For example, Portland,
Oregon has already exceeded some of their Ten Year Plan goals developed four years ago.
They exceeded the goal of 565 by placing 1,039 chronically homeless people into housing.
They also exceeded a similar goal by placing 717 homeless families into housing, well over
the goal of 500.3
Regardless of whether homelessness is completely eradicated, it is possible to prevent
more people from experiencing homelessness and to shorten and improve the experience
for people who are homeless. Southern Oregon has a strong history of working together
with determination to meet the needs of the community. This Jackson County
collaboration will also yield results: a future with fewer residents experiencing
homelessness.
29
Appendices
Long Term
Outcome
End
Homelessness
in Jackson
County by
2019
Intermediate
Outcome
Increase the
numher of people
who qualify or are
able to rent
Increase
affordable housing
stock along the
continuum,
including single
room occupancy
dwellings
Increase housing
options across the
continuum for
exceptionally
vulnerable
populations
Strengthen service
systems
Increase
community
awareness of
homelessness
Logic Model
Jackson County Ten Year Plan to End Homelessness Components
Status
Increase capacity of substance abuse treatment and mental health services
Essentinl Support
Service
Increase access to health care
Essential Support
Service
I ncrcase access to childcare
Essential Support
Service
Incr~_~~jflg~l)C:r coo.~iij._Q.llJ:i,QQ. ~_,=,a se~e integr::!tion ~t aJll!,!velS
Appendices
Ten Things You Can Do
1. Learn about homelessness and educate others.
2. Support the development of affordable housing.
3. Contact your local elected officials and ask them what they are doing to support
homeless children and families. Ask for their support oflocal initiatives and programs.
Ask them to establish a Plan to End Homelessness in Your Community.
4. Volunteer at a local shelter - no matter what you do for a living, you can help the
homeless with your on-the-job talent and skills.
5. Volunteer at a soup kitchen.
6. Donate groceries, toys and money to local homeless shelters.
7. Donate leftover food and flowers from catered events.
8. Become a landlord to a family that is transitioning out of a homeless shelter.
9. Help a family move or provide "house warming gifts" such as linens, dishes, pots and
pans, small appliances, and lamps for children, youth and families who are moving out of
the shelter and into their own homes.
10. Ask local television stations to schedule educational programs on homelessness_ Your
encouragement and praise of such programs can keep them on the air.
Source: National Alliance to End Homelessness: www.haeh.org/sectrion/aboutus/lOthings
Future and Evolving Issues
(To he addressed over time by the Jackson County Homeless Task Force)
1. Discussion of community vision for "ending homelessness" in Jackson County.
2. Articulate strategies for each underserved or over-represented sub-population identified in the
annual counts.
3. Identify opportunities to expand and enhance partnerships between the Homeless Youth
Networking Council and the Child Welfare Teen Team.
4. Make employment the focus of a Homeless Task Force meeting, inviting representatives from
The Job Council, RCC, The Employment Department and other members of the Workforce
Development Council.
5. Build the relationship between the Jackson County Homeless Task Force and Law Enforcement
Agencies.
32
Results of 2009 Homeless Survey and One Night Shelter Count
January 2009
899 Total Surveys Completed
1) Have you been continuously homeless for a year or more, or had at least four
episodes of homelessness in the past three years? (703 responses)
Yes _m 66% No.... 34%
2) Please select your Household Type: (837 responses)
Single Adult (18 or older) _m 82.3% Couple without children m_ 3.6%
One parent family with children.... 9.7% Two parent family with children" 2.9%
Unaccompanied Youth (17 or under) .... 1.3%
Unaccompanied Pregnant Youth (17 or under) hn .2%
3) Number ofIndividuals in Household: (602 responses)
1 _m 85.2% 4 .... 1 %
2 .... 9.6% 5 nn .4%
3 no_ 3.7% 6.... .1%
4)
Gender: (831 responses)
Male .... 74.5%
Female m_ 25.5%
5)
Age: (689 responses)
0'17 .... 1.3%
18-23 nn 6.8%
24-44 _m 34%
45-54 _.n 34.4%
55'69 .... 21 %
70+ .... 2.5%
6) Race/Ethnicity: (859 responses)
White ..n 82.5%
Black or African American -... 8.3%
American Indian or Alaskan Native n__ 4%
Hispanic or Latino h_. 3.4%
Native Hawaiian or Pacific Islander n_. 1.3%
Asian .... .5%
7)
8)
9)
Veteran: (899 responses)
Yes m_ 49.4%
No "n 50.6%
Farm Worker: (899 responses) yes.... 2.7%
No m. 97.3%
Domestic Violence: (899 responses)
Yes nn 6% No.... 94%
10) Corrections Release (in last 90 days): (899 responses)
Yes .... 5% No.... 95%
11) Physical Disability: (899 responses)
Yes nn 28.5%
No.... 71.5%
33
12) Developmental Disability: (899 responses) Yes .... 7.9%
No.... 92.1%
13) Mental or Emotional Disorder: (899 responses)
yes.... 37.8%
No nn 62.2%
14) Substance Abuse: (899 responses)
Yes nn 45.4%
No .... 54.6%
15) Dual Diagnosis (MH and Sub. Abuse): (899 responses)
Yes .... 27.6% No -- 72.4%
16) Children's Grade Level in School (check the box next to the grade range that applies
to each child): (135 responses)
K'5 nn 14% 6-8 .... 8.2% 9'12 .... 77.8%
17) Is your child attending school? (162 responses)
Yes .... 41.4% No.... 58.6%
18) Where will you stay tonight? (715 responses)
Street.... 29.7%
Other -h' 20.3%
Staying with Friends/Family.... 17.2%
Car.... 11%
Camping -... 9.7%
Motel/Hotel - --- 7.4%
Squatting (Abandoned buildings) .... 3.2%
Hospital ---- 1.5%
19) What caused you and/or your family to leave your last living arrangement?
(check all that apply) (850 respondents providing 1,933 responses)
Unemployed .... 32%
Couldn't Afford Rent ---- 27.6%
Mental or Emotional Disorder ..;. 23.6%
Drug/Alcohol (self) .... 21.5%
By Choice .... 16.9%
Drug/Alcohol at home nn 16.1%
Criminal History n.. 13.2%
Kicked out by family/friends .... 12.8%
Evicted by landlord 'h_ 11 %
Medical problem ---- 10.2%
Other __n 8.6%
Credit.... 7.9%
Domestic Violence .... 7.76%
Poor Rental History.... 7.4%
Gambling '_n 2.7%
Property Sold .... 2.5%
Child Abuse nn 2.4%
Runaway _m 1.5%
Pregnancy.... .8%
Manufactured Park Closed .... .7%
34
Appendix
,F<::',
N alIle of Servicl. Provider
The Salvation Army
Ho e House
Jackson Co. Detox and
Soberin Unit
Jackson County Jail
Juvenile Detention/shelter
RVMC, Providence,
Ashland Hos itals
RVMC, Providence, Ashland
Hos ita Is
La Clinica del VaIle
Home At Last Permanent
Supportive Housing for
Homeless People with
Disabilities
Community Works Dunn
House Shelter
Medford Police-
Transport to Detox
Medford Police-
Transport to 2 North.
Basis fo~ C8Jculatioris
Covers room, board, case management. SA owns
the buildin, aid staff
Average, one night's stay
Average, one night's stay
Average, one night's stay
Average, one night's hospital stay
Average, one night's hospital stay plus tests, meds
and various extras
Average cost per homeless person per year
excluding medications, transportation or specialty
care (1300 homeless atients, $800,000 er. ear)
Average Rent per day paid by program (Client
pays 30% of income, some have 0 income), utilities,
& case management
Total budget divided by 365 days divided by 12
(total of number of adults that can be housed).
This cost includes salaries, utilities, client
assistance, transportation, a children's program,
food, maintenance of 1'0 ert , etc.
Cost for police officer to transport one homeless
person to detox for services. Does not include
overhead or opportunity cost of the officer not
being available to work on other crimes.
1 hour of a step four officer=$45.53
(Approx 233 homeless persons per transported per
ear=total of $10,608)
Cost for police officer to transport one-homeless
person to detox for services. Does not include
overhead or opportunity cost of the officer not
being available to work on other crimes.
(1.5 hours of step four officer at $45.53/hour)
(Approx 94 homeless persons per transported per
ear=total of $6,419)
\
Daily'Cost
$27.50
$59.00
$75.00
$137.00
$1,800
$4,500
$615 per year
outpatient
$20.50
$115.00
$45.53/hour
$68.30/hour
35
Resources on Homelessness
2009 Jackson County Community Needs Assessment Survey
www .access'inc.or~/pa~e. asp?N av ID-165
As compiled by ACCESS, Inc., this community survey reflects the most current needs as
reported by 1,404 residents of Jackson County who sought social services.
National Alliance to End Homelessness
www.naeh.or~
The National Alliance to End Homelessness is a nonpartisan, mission-driven organization
committed to preventing and ending homelessness in the United States.
United States Interagency Council on Homelessness
www.ich.~ov
The primary activity of the I CH is the development of a comprehensive federal approach to
end homelessness. The Council understands that homelessness is affected by factors that
cut across federal agencies, including housing costs, job readiness, education, substance
abuse and mental health.
36
I
Acknowledgments
The Jackson County Ten Year Plan to End Homelessness represents the work of a wide
range of persons whose contributions and commitment mady the Plan possible.
Conveners
Jackson County Board of
Commissioners
United Way of Jackson
County
Jackson County Homeless
Task Force
Plannine: Group Members
{alvhabetical bv or!!anizationJ
ACCESS, Inc.
Ed Angeletti
Addictions RecovelY Centel'
Christine Mason
Kim Oveson
Lisa Rupert
Ashland City Council
Cate Hartzell
Boys and Gil'ls Club of
Southel'n 01'eg0I1
Danette McCann
Centel' fol' Non 'Pl'Ofit Legal
Services
Debra Lee
Citv of MedfOl'd
Louise Dix
Community WOl'ks
Anna D'Amato
Dep81.tment of Human
Sel'vices
Taylor Kohn
as ButJel' A1emonal Fund
Carlos DeBritto
Southel'n Ol'egon Goodwill
Linda Durbrow
Betty Welden
Housing Authonly of
Jackson County
Scott Foster
Christie Van Aken
United Way of Jackson
County
Brad Earl
Dee Anne Everson
Jan Taylor
Jackson County-Health and
Human Services
Hank Collins
Angela Curtis
Commissioner Dave Gilmour
Roxann Jones
Rebecca Longie
Additional Participants
M7in.One Outl'each
Kevin Brewer
Dallas Mersereau'Riley
Jackson County Homeless
Task FOl'ce
David Christian
Jl1edlOl'd City CounCll
Ben Truwe
RVTD- Tl'anslink
Tim Fountain
The Job Council
Jim Fong
VA SORCC
Laura Janus
Medfol'd City Councll
John Statler
MedlOl'd School Distl'ict
Mary Ferrel
Contracted Consultants
Consultant
Dr. Kimberley Cox
On Track, Ine.
Pam Marsh
Dr. Rita Sullivan
Facllitatol'
Joan Resnick
.
Pl'Ovidence Medical Centel'
Father Jim Clifford
Rogue Valley Family YMCA
Brad Russell
RVCOG- Seniol' and
Disability Sel'vices
Don Bruland
Connie Saldana
37
BEFORE THE BOARD OF COUNTY COMMISSIONERS
STATE OF OREGON. COUNTY OF JACKSON
IN THE MATIER OF ADOPTING THE JACKSON )
COUNTY TEN YEAR PLAN TO END )
HOMELESSNESS )
ORDER NO. /3'1-09
WHEREAS, the United States Interagency Council on Homelessness is encouraging
communities throughout the nation to develop ten year plans lo end homelessncss; and
WHEREAS, it is in the best interest of the County to adopt a local Ten Year Plan to End
Homelessness to ensure eligibility and effective investment of resources to support the needs of
residents who experience homelessness.
Now, therefore,
The Board of County Commissioners of Jackson County ORDERS:
I. Adoption of the Jackson County Ten Year Plan to End Homelessness.
DATED this 3rd day of June, 2009, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
Dennis C.W. Smith, Commissioner
.V" rrr;;:~ _.J""""
Jack w~. Commissioner
1:\CAO\Admin\BoOOrders\HHS-,rcn YearPluntoEndHomclcssness.frm
ORDER - 1
/31-01
38
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
OCTOBER 13, 2009
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Cenler Council Chambers, 1175 East Main Street
Commissioners Present:
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Debbie Miller
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Tom Dimitre
Staff Present:
Bill Molnar, Communily Developmenl Director
Brandon Goldman, Senior Planner
Derek Severson, Associate Planner
April Lucas, Administrative Assistant
Absent Members:
None
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Community Development Direclor Bill Molnar noted lhe City Council has asked for an update on the Planning Commission's
discussion of the tolling and extension ordinances. He stated this update is currenlly scheduled for the October 20th City
Council Meeting.
Commissioner Marsh reminded the group of their Annual Retreat scheduled for October 31'1, and stated there is still time to
submit agenda ideas.
CONSENT AGENDA
A. Approval of Minutes
1. September 15, 2009 Planning Commission Minutes
2. September 29, 2009 Planning Commission Minutes
Commissioners Dawkins/Dotterrer m/s to approve the Consent Agenda. Voice Vote: All AYES (Commissioners Dimitre
and Miller abslained). Motion passed 7-0.
PUBLIC FORUM
No one came forward to speak.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2009-01051
SUBJECT PROPERTY: 514 Granite Street
APPLICANT: Ron Rusnak & Lisa Zingarelli-Rusnak
DESCRIPTION: A request for a Conditional Use Permit to reconstruct an existing non-conforming structure for
the property located at 514 Granite Street. A Conditional Use Permit is required because the existing lot
coverage (impervious surfaces of the existing home, driveway and sidewalks) exceeds the seven percent
coverage allowed in the zoning district. With the proposal, overall lot coverage on the site is to be reduced by
Ash/and Planning Commission
October 13. 2009
Page 1016
23 square feet. COMPREHENSIVE PLAN DESIGNATION: Woodland Residential; ZONING: WR; ASSESSOR'S
MAP #: 391E 17AA; TAX LOT: 1105.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Declaration of Ex Parte Contact
Commissioners Miller, Dotterrer, and Dawkins declared site visits; no ex parte contact was reported by any of the
commissioners.
Staff Report
Associate Planner Derek Severson presented lhe staff report and clarified this planning application is required to come before
the Planning Commission because it involves a conditional use permil for a new structure. Mr. Severson reviewed the property
location and stated it is on the west side of Granite Street between Ashland Creek Dr. and Lantern Hill and is zoned Woodland
Residential, which has a minimum lot size of 2-acres and an allowed lot coverage of 7%. He slaled the existing lot is much
smaller than lhe 2-acre minimum and is only .61 acres in size, and roughly 1,695 sq. fl. of lhe property (or 90% of the allowed
lot coverage) is occupied by a shared driveway that serves seven properties. Mr. Severson explained the proposal before the
Commission is to demolish the existing home due to mold infestation (a demolition permit has already been approved by the
Building Division) and to construct a new home. Mr. Severson clarified while the new home will have a larger footprint than lhe
current structure, because the proposal includes removing the shed and reducing the area of the existing driveway, patio and
sidewalk, the overall lot coverage is reduced by 23 sq. fl.
Mr. Severson noted the Applicant's have provided some conceptual building elevations which are fairly contemporary;
however staff does not believe this is out of character with the surroundings. He clarified staff is recommending approval of the
application with the noted conditions, and clarified there were no recommendalions from the Tree Commission.
Applicant's Presentation
Mark Knox/Applicant's Representative and Carlos Delgado/Project Architect came forward and addressed lhe
Commission. Mr. Knox explained the current structure is proposed for removal because it has a sever amount of poisonous
mold, and Ihe reports obtained by the property owner clearly indicate this issue. He commented on the sile and clarified this
lot was created prior to lhe adoption of the Woodland Residential Zone and this is a classic case where the lot is too small for
the zoning designation. He stated this is a simple case and they have worked hard to create a proposal that lessens the
impact and reduces the lot coverage of the site. He stated a good portion of the new house will be located on the exisling
driveway and impervious surface areas and noted the substandard size of the lot makes it difficult to put any kind of house
here without going through the City's conditional use process.
Mr. Delgado commenled briefly on the conceptual design of the proposed house and stated they had to really work around lhe
site considerations 10 lessen the 101 coverage.
Commissioner Miller expressed her concern about architectural compatibilily. Mr. Knox clarified in this area the housing style
is a mixed bag and if you go up into that area you will find houses that are contemporary.
Public Testimony
No one came forward to speak.
Commissioner Marsh closed the public hearing and the record at 7:23 p.m.
Deliberations & Decision
Commissioner Rinaldi asked if staff would follow up and make sure the final building design is compalible with the
neighborhood. Mr. Severson clarified staff will review the building plans for consistency with what has been proposed and will
look for changes that might significantly aller the plan in how it relates to neighboring properties.
Commissioners DawkinslDotterrer m/s to approye Planning Action #2009.01051 and approve the Findings (omitting
Condition #3 as requested by staff). Roll Call Vote: Commissioners Morris, Mindlin, Miller, Rinaldi, Dawkins, Dimitre,
Dotterrer, Blake and Marsh, YES. Motion passed 9-0.
Ashland Planning Commission
October 13. 2009
Page 2 of 6
UNFINISHED BUSINESS
A. Comments on Proposed Council Rules Ordinance and Uniform Policies and Operating Procedures Ordinance.
Council Liaison Eric Navickas explained the Council has begun discussing this issue, but have not yet made a final decision
on lhe two proposed ordinances
Council Rules Ordinance
The Commissioners shared their opinions on whether the Council Liaison to the Planning Commission should be an ex officio
member or a non-member. Mr. Molnar clarified non-members cannot participate in the meeting, while ex officio members are
generally allowed to sit and the table and participate in discussions, bul nol vote. Comment was made that in the past they
have had liaisons that participated too energelically and at times their opinions influenced lhe Commission's decisions. Marsh
noled the proposed language in Section 2.01.1 OO.C which slates "under no circumstance is a liaison to a City advisory body to
attempt to direct debate, lobby or otherwise influence the direction or decisions of the body," and stated whatever you call the
position this seclion addresses those concerns. Navickas commented that the Planning Commission and the City Council
have a dual relationship and there are times where he believes it is appropriate for lhe liaison to speak up and provide
guidance. He cited a recent discussion on the Croman Mill Redevelopment Plan as an example where he inte~ected when he
felt the Commission was straying from what the Council had asked them to do. Opinion was given that classifying the liaison
as an ex officio member and allowing lhis person to sit at the table tends to influence their decisions. Comment was made that
the liaison should not be allowed to provide comment except in those circumstances where the Commission is getting off track
from the Council's direction.
City Attomey Richard Appicello commented on the direclion he was given followin'g the City Council's initial discussion. He
noted their desire to make sure no councilor is using their position as a liaison to try to move the debale in a direction contrary
to what the full Council wants. The Council also requested staff clarify that for the Planning Commission, the liaison will be an
ex officio member of the body except for quasi.judicial matters.
Commissioner Mindlin noted Ihat there seems to be differing opinions amongst the group as to whether the liaison should be
an ex officio member. Mr. Appicello stated the Council consensus was for all Council Liaisons to be ex officio members,
except on the Planning Commission where the liaison would not be an ex officio member during quasi-judicial matters.
General support was voiced for lhis clarification.
Commissioner Marsh noted the language in Section 2.04.100.G which states "Each advisory body should be invited to give a
short annual presentation to the Council" and stated she would like to take advantage of this provision and schedule a joint
session with the City Council. Comment was made questioning if the language should read "shall" instead of "should". The
Commission voiced agreement that they should meel with the Council at leasl annually.
Uniform Policies and Operating Procedures Ordinance
Commissioner Marsh reviewed the following Ordinance sections that would impact the current procedures of the Planning
Commission: 1) The election of officers would be changed to the first meeting of the year, 2) Chairs and Vice Chairs could not
serve as officers for more than two years, and 3) Commissioner lerms would be limited to 5 terms (20 years). Mr. Appicello
clarified the restriction on term limits may be removed from the final ordinance and instead it would include softer language
that the Mayor should give preference to new qualified individuals. Commenl was made voicing opposition to the term limit
provision since this does not seem to be a problem on the City's commissions and committees.
Comment was made questioning why the chair and vice chair would be selected in January, when new members aren't
appointed until the end of April. Commissioner Dawkins noted they have had this discussion before and the Planning
Commission decided it was better to have the new members on board before they elect their officers. Marsh agreed that the
selection of the chairs should happen after the new members are appointed.
Mr. Molnar asked if the Commission had any inpul on lhe provision that limits the chair and vice chair to two years. Comment
was made questioning why this needs to be in the ordinance and indicating the commission should be allowed to decide.
Additional comment was made that if you have a really good chair, why shouldn't they be allowed to remain in that position;
and that commissions should be allowed to govem their own proceedings to a certain extent -
Ashland Planning Commission
October 13, 2009
Page 3 016
Mr. Appicello provided some clarification on why the Council is proposing these two ordinances and the benefits of having
some standardization.
Councilor Navickas questioned where lhe Commission would prefer him to sit during quasi.judicial hearings. Mr. Appicello
clarified if the liaison is a non-member during these types of proceedings, it is probably appropriate for lhe liaison not to sit at
the table. He stated the main question is whether the liaison should leave the room in order to avoid the possibility of non-
verbal communication. Several commissioners voiced their opinion for the liaison to not be in the Council Chambers during
quasi-judicial hearings. Suggestion was made for the Chair to announce why the Council Liaison is leaving the room when
these situations occur.
B. Croman Mill District Plan
Commissioner Marsh clarified they will be continuing their discussions of lhe Outline of Issues document from the September
29~ meeling and asked Councilor Navickas 10 comment on how they are doing with communicating with the Council. Navickas
encouraged the Commission to schedule an update wilh the Council in the near future, and explained the time for liaisons to
give updales to the enlire Council comes allhe very end of lheir meetings and they often run out of time before this occurs.
Communily Development Director Bill Molnar suggested they schedule a Study Session with the Council before the Planning
Commission holds its public hearing. Navickas and the Planning Commissioners voiced their support for this suggestion.
Request was made for a representative of the Croman Advisory Committee 10 also be invited to attend the Study Session.
Transportation Issues
Senior Planner Brandon Goldman noted that some members have raised concerns regarding the alignment of Tolman Creek
Road and the new central boulevard. He explained the idea is the for majority of traffic to be directed to the Croman site, and
those who want to continue down Tolman Creek Rd would have 10 make a right hand turn to connect back onto Tolman
Creek. Mr. Molnar commented since this alignment would happen at a future phase, and is contingent on a lot of things
happening (including the exchange with ODOT), he suggested they may wanl to wait on making a final decision on this
element of the plan. He added the City is in the process of updating its Transportation System Plan and it may be beneficial to
wait unlillhis plan is complete before they make a decision since the TSP will likely address this area and may propose
suggestions for how this area should be addressed.
Commissioner Miller suggested they create two lanes going soulh loward Siskiyou Blvd; the left lane could go inlo the Croman
sile and the right lane could continue along Tolman Creek Rd to the residential areas. She questioned how long it will take for
the Croman site to generate a lot of traffic and until that buildup occurs she supports a left hand turn off Tolman Creek Rd. into
the Croman site. Dotterrer noted the concept was to direct the arterial traffic to the new boulevard and turn Tolman Creek Rd.,
which passes right by an elementary school, back inlo a residential slreel. Miller commented that the proposed layout seems
awkward. Dimitre gave his opinion that it is doubtful the new street will become a new boulevard and he believes people will
continue to use Tolman Creek Rd.
Mr. Goldman noted that Tolman Creek Rd. is part of the bus loop, and once a certain amount of buildup occurs on the Croman
sile, they may want to move the bus stops to the main boulevard. He noted there are pedestrian crossings included in the plan
that would enable people to get from the residential neighborhood to the new bus routes. Comment was made that taking the
bus service away from a dense residenlial area and diverting it to the Croman site might be a mistake. Addilional comment
was made that people use the bus Ihroughout the day in the residential areas, while at the Croman site it may only be utilized
in the moming and evening when people and coming and leaving work.
Mr. Molnar commented briefly on the possibility of a future connection from Washington Street over to Tolman Creek Road
that is identified in the Interchange Area Management Plan (lAMP). He clarified this may come up as part of the TSP update,
but any future connection would not pass through the Croman site. Mindlin stated she is worried about displacing uses from
the Croman site over to Washington Street and is concerned with this areas access issues. Mr. Molnar explained Washington
SI. is an existing problem and ODOT is aware that this is part of the TSP update and that changes will need to occur. He
noted there were some discussions to vent both areas by crossing the railroad tracks with a roadway, but the grade issues
and costs involved created limitations to this option. Marsh stated it is importanl for lhem to look at pedestrian and bicycle
access on both sides of the lracks so that people can move from one side to the other. Mr. Molnar voiced his support for
tracking the land use proposals for the Washington Street area and providing this type of input during the TSP process.
Ash/and Planning Comn1ission
October 13. 2009
Page 4 of6
Commissioner Dotterrer voiced his support for postponing a decision on the future alignment of Tolman Creek Rd. He stated
the Commission should come 10 an agreement on the idea of a central boulevard and leave the issue of lhe future alignment
to the Transportation Commission. Marsh voiced her opinion that they do not need to decide how this intersection will work at
the master planning level. Rinaldi suggested if lhey want to leave this interseclion to be delermined, it should be more generic
in the plan and not specified as it is currenlly. The Commission reached general consensus on the central boulevard concept
Mr. Molnar suggested they consider adding wording to the Design Standards that acknowledges the master plan concept for
the central boulevard, but notes this is a future phase and the details will need to be evaluated at a laler date. Support was
voiced for injecting some ambiguity into the Design Standards language.
Commissioner Rinaldi questioned if they are getting too precise with the grid layout in lenns of the minor streets and access
ways, and whether this would limit the size and variely of the parcels. He stated buyers may have concerns with this and he
suggested lhey dash the streets in order to show them as being more conceptual. Mr Molnar staled the local streets and the
central boulevard are fairly set, but there could be opportunity to consider other options for the access ways, such as a mulli.
use path system.
Commissioner Blake expressed concern with the proposed active zones that require building fa<;ades to be within 25 ft. of the
property line and how this would affect solar access. Mr Molnar clarified staff has starting working on possible adjustments to
the street configuration to more of an east-wesllayout and can bring this forward if the Commission is interested in exploring
different options. Commissioner Marsh indicated the Commission's support for staff to research allernate options to the street
configuration.
Land Use Mix
Mr Molnar provided an inlroduction to the matrix and briefly reviewed the difference beiween special permitted uses and
conditional uses. The Commission reviewed the matrix and the uses that are outlined.
Residential Uses
Mr Goldman clarified a definition will need to be added for short tenn employee housing, but this definition will likely indicate
the unit could only be occupied by someone employed by the permitted use on site. He added this type of housing would
typically be an apartment located wilhin an office building. Dotterrer voiced his support for this concept, but requested staff
make sure the definition is consistent with the concept Dimitre commented that he is not in favor of the short tenn employee
housing idea and stated he would like this reworked to support more affordable housing. Mr Molnar Clarified under State law,
the City cannot mandate affordable housing and can only provide incentives. Councilor Navickas suggested re-zoning the
existing industrial as mixed-use employment as a means to get an additional amount of housing. Miller voiced her support for
the Croman site to be primarily employment, with the opportunity for mixed-use near the other residential areas along the
creek. Dimilre commented on the need to provide adequate housing on the site and suggested residential use be pennitted
without being in conjunction with commercial. Comment was made suggesting the prqposed neighborhood center be used for
high density housing. Mr Goldman clarified in the neighborhood center, 100% of the second or third story could be residential,
bu1100% of the ground floor needs to be commercial. Comment was made that Ihe whole idea behind this plan was to create
employment and industrial opportunities and what has been presented is a nice compromise. Several opinions were given on
whether high density housing should be pennitted in the neighborhood center, and Marsh clarified it does not appear they
have a consensus on this issue. She added they will reach a poinl in the process where they will need to vote on Ihese items
and they may want to consider including minority reports along with the package that goes before the City Council.
Commercial Uses
Mr Molnar suggested 1,500 sq. ft. be the maximum square footage for stores, restaurants and shops in the Office
Employment and Compatible Industrial areas and asked for the Commission's feedback. Mindlin voiced her support for
allowing stores and restaurants in these areas and stated she would even support it being more flexible. Dotterrer agreed and
slaled most office areas have places on the ground.floor where employees can get a sandwich or a quick bite to eat Several
other comments were made voicing support for this provision.
Commissioner Marsh questioned the child/daycare center and fitness club provision and whether these would be open to the
general public. She asked why they would allow the general public to visit the restaurants, but not allow them to use the
daycare facilities. Mindlin agreed with Marsh and stated this feels exclusionary to not allow businesses to provide services to
Ashland Planning Commission
October 13. 2009
Page 5 of 6
the general public. Mr. Goldman clarified the way it is currently drafted, a Gold's Gym or a daycare center open to the general
public could only be localed in the neighborhood center. For businesses located in the Office Employment or Compatible
Industrial area, you can only provide this use if it is for your employees. Comment was made questioning what would happen
if a business wants to offer a daycare service to its employees, but due to a limited number of children, they need to open it up
to the public in order to make it viable. Mr. Goldman clarified the language currently states "services generally intended to
support", so there may be some allowance for this type of situation.
Industrial Uses
Mr. Goldman clarified he has made a note to insert a line for "Retail in conjunction with a manufactured use of less lhan 600 ft" .
to be pennitted outrighl in the Compatible Industrial zone. Dimitre suggested the "manufacture or assembly conliguous to a
retail outlet" be removed from the Neighborhood Center and stated he does not believe this is an appropriate use in that zone.
Mindlin commented on the provision for "warehouse and similar storage facililies in conjunction with pennitted use and
enclosed in building" and recommended they allow for storage oulside of buildings. Several commissioners voiced support for
storage outside of buildings to be a conditional use so that appropriate screening could be required.
Public & Inslitutional Uses
Comment was made voicing concern with not allowing private schools (adult education) as a permitted use. Mr. Goldman
noted there are employee targets they are trying to hit and based on floor area, schools typically don't have a high number of
employees. Dotterrer queslioned why there are different standards for public service and community buildings with and stated
whalever they decide for private use, they should allow lhe same for public use.
ADJOURNMENT
Meeting adjourned at 10:00 p.m.
Respectfully submitted,
April Lucas, Administrafive Assistant
Ashland Planning Commission
October 13. 2009
Page 6 of 6
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
December 1,2009 Primary Staff Contact:
City Recorder E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Barbara Christensen
christeb(ii)ashland.or. us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from RonYamaoka dba Red Hibiscus
at II North First Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing of this
application.
Background:
Application is for a new license.
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page 1 of 1
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract for a term of 36-Months
(Copier Rental for North Mountain Park)
December I, 2009 Primary Staff Contact: Don Robertson
Parks E-Mail: robertsd@ashland.oLus
Purchasing Secondary Contact: Kari Gies
Martha Benne Estimated Time: Consent Agenda
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Public Contract for a copier
rental, including full maintenance, with Ricoh under the State of Oregon Price Agreement #8618 for a
term of 36-months?
Staff Recommendation:
Staff recommends that the copier rental agreement, including full maintenance, for a Ricoh MP
C3300SPF under the State of Oregon Price Agreement #8618 be approved for a term of 36-months.
Background:
This new copierrental agreement (Ricoh MP C3300SPF/State Price Agreement #8618) will replace
the existing Canon C3220 ($352.37/Month) copier rental agreement that is going to expire in January,
2010.
The monthly payment for the new Ricoh copier will be $229.33/month for a total of $8,255.88. Full
maintenance will cover all toner, parts, labor, and service necessary to keep the equipment in like new
condition at a cost of $0.0075 for black/white copies/prints and $0.052 for color copies/prints.
In accordance with AMC 2.50.070(1)(1) and as a member of the Oregon Cooperative Purchasing
Program (ORCPP), the City of Ashland is authorized to piggyback on State of Oregon Price
Agreements.
Related City Policies:
AMC 2.50.015 Authority
Unless otherwise expressly authorized by these Rules or by ordinance or order of the Council, all
contracts must be approved by the Council before they can be executed. The Council gives its approval
through its Consent Agenda which authorizes the Public Contracting Officer, his or her designee or the
contracting Department to execute the contract. The Council may also execute contracts itself.
AMC 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council ApprovaL The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
ii. The contract does not exceed a twentv-four month contract period;
Page I of2
~.l'
CITY OF
ASHLAND
AMC 2.50.070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
J. A contract or class of contracts, and amendments to contracts specified below, provided the
Public Contracting Officer, his or her designee or the contracting Department identifies the
basis for the exemption. In circumstances where the basis for the exemption is not readily
apparent, the Public Contracting Officer, his or her designee or the contracting Department
shall consult with Legal Counsel. Where appropriate, alternative contracting and purchasing
practices that take account of market realities and modem or innovative contracting and
purchasing methods, which are consistent with the public policy of encouraging competition,
shall be used.
(1) Contracts for the purchase of materials where competitive bids for the same materials have
been obtained by other public agencies or the federal government whose processes for bid and
award are substantially equivalent to those set forth herein, and the contract is to be awarded to
the party to whom the original contract was awarded so long as the price of the materials is the
same or lower than that in the original contract.
Council Options:
The Council, acting as the Local Contract Review Board, can approve the copier rental agreement for a
term of 36-months or decline to approve the copier rental agreement for a term of 36-months.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve the copier rental
agreement for a term of 36-months.
Attachments:
Proposal
\
Page 2 of2
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Fulllll7aintenance
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o
CITY OF
ASHLAND
Council Communication
A Resolution Declaring the Canvass of the Vote of the Election Held in and for the
City of Ashland, Oregon on November 2, 2009, and Mayoral Proclamation
Meeting Date: December 1, 2009 Primary Staff Contact: Barbara Christensen
Department: City Recorder E-Mail: christeb@ashland.or.us
Secondary Dept.: Legal Departmen Secondary Contact: Richard Appicello
Approval: Martha Bennet Estimated Time: ConsenUProclamation
Question:
Shall the City Council approve the Resolution declaring the Canvass of the Vote of the election held in
and for the City of Ashland, Oregon on November 2, 2009 and Mayoral Proclamation?
Staff Recommendation:
Adoption of Resolution and Mayoral proclamation is recommended.
Background:
Article Vll, Section 6, of the City Charter requires that the canvass of the votes for all city elections be
made, and the results of the election "shall be entered in the record of the proceedings of the council."
The Resolution sets forth the vote for the measure, and the proclamation sets forth the passage or
failure of the ballot measure, all as required by this chapter section.
Related City Policies:
Per charter requirements as outlined above.
Council Options:
Adoption of the resolution with the Mayor making the proclamation.
Potential Motions:
Move to adopt the attached resolution.
Attachments:
Resolution
Proclamation
Canvass of the Vote
Page I of 1
120109 Canvass ofVote.CC.doc - Canvass of the Vote
~~,
RESOLUTION NO. 2009-
A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE
ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON
NOVEMBER 2, 2009.
RECITALS:
A. The City Council of the City of Ashland met on the 1st day of December, 2009, at the
City of Ashland's Civic Center and proceeded to canvass the vote cast at the election held in and
for the City of Ashland on the 2nd day of November, 2009.
B. The Council has canvassed the vote and has determined the number of votes for the
measure as follows:
15-95
Extend the 5% Tax on Food & Beverage to 2030
Yes 4.130
No 2.894
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Measure 15-95, which posed the following question is declared to have passed: "Shall 5%
tax onprepared food and beverages extend to 2030 for wastewater debt and improvements (80%) and
parks (20% )?"
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was duly PASSED and ADOPTED this _ day of December, 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
. Reviewed as to form:
Richard Appicello, City Attorney
RESO Canvass of the Vote )'lovember 2,2009 Election
Page 1 of2
OISTRICT CANVASS SPECIAL ELECTION
NOVEMBER 3. 2009
JACKSON COUNTY. OREGON
PRINTED 11/16/09. 12:34 PM PAGE 001.001.01
R V T P I 15.95 EXTEND 5f FooO & BEVERAGE TAX ASHLAND CITY
E 0 U E 1
G T R R 1
I E B C N C I
S R AA o E I
T S L S U N I o V U V
E L T T T I y V 0 N 0
R 0 A I e N E T o T
E T G I s 0 R E E E
5 PRECINCTS 0 S E I (NON) (NON) S R S
-I
0002 2 Ashland 3418 2034 59.51 I 1296 738 0 0
0004 4 Ashland 3222 1741 54.03 I 1041 700 0 0
0007 7 Ashland 3020 1502 49.74 I 891 611 0 0
0010 10 SOU 226 23 10.18 I 8 15 0 0
0013 13 Ashland 3283 1725 52.54 I 894 830 0 1
I
!>lAND TOTALS 13169 7025 53.34 I 4130 2894 0 1
I certify the votes recorded on this abstract correctly summarize the tally of votes cast at
the election indicated.
c\,,,,-,_-, \) u.)~\(~ l., ~ U"6""C(hr-. II. 1(., 07
Christine D. Walker, Jackson County lerk date
CITY OF
ASHLAND
Council Communication
Approval of an IGA with Josephine County and an Amendment to ODOT
Agreement No. 25537 to Exchange City ARRA Funds for County Funds
Meeting Date: December 1,2009 Primary Staff Contact: James Olson, 552-2412
Department: Public Works E-Mail: olsoni{cVashland.or.us
Secondary Dept.: Finance Secondary Contact: Michael R. Faught
Approval: Martha Benne Estimated Time: Consent Agenda
Question:
Will the Council approve the attached Intergovernmental Agreement (lGA) with Josephine County and
the amendment to ODOT Agreement Np. 25537 to exchange $22,183.71 in unused City ARRA funds
for $20,852.69 in Josephine County funds?
Staff Recommendation:
Staff recommends approval of the attached IGA with Josephine County and the amendment to ODOT
Agreement No. 25537 to exchange $22,183.71 in unused City ARRA funds for $20,852.69 in
Josephine County funds.
Background:
Executive Summary
The City was granted $438,791 in American Recovery and Reinvestment Act (ARRA) funds to
overlay three city streets under ARRA Agreement No. 25537. The overlay project and all contractor
payments were administered by ODOT so the City did not actually receive funds, only the benefit
thereof
The project is now complete and final costs have been computed. There is $22,183.71 remaining from
the original grant. Since the grant is project-specific there is no opportunity to use these funds
elsewhere. ODOT, who administers these grants, was aware of a Josephine County ARRA project that
was in need of additional funds.'
Staff has been working with ODOT and Josephine County to investigate exchanging our unused (and
likely to be lost) ARRA funds for Josephine County funds. It was determined that an already
established fund exchange rate of94 cents on the dollar could be used for an exchange. This
arrangement works will for both the City and the County. The City gains $20,852.69 to use on a
transportation project and Josephine County gets some badly needed additional ARRA funds for their
project and recoups an additional $1,331.02. To accomplish this exchange it will be necessary to
amend ARRA Agreement No. 25537 and approve an IGA with Josephine Co.
History
On April 7, 2009 the Council approved two IGAs with ODOT to fund two ARRA public works
projects. The first project was a special 120 day allocation; for which the City was the only local
agency to receive funding. This $200,000 project was for the Hersey Street sidewalk reconstruction
which is nearly complete.
Page I of2
~.l'
v
CITY OF
ASHLAND
The second grant was for a street overlay project which is now complete. The grant for the overlay
project was for $438,791. The City's acceptance of the 120 day allocation grant required that both
projects be developed and bid on a fast-track basis. Both grants carried strict time schedules in all
phases on the project development and the City was able to meet all deadlines. The benefit for the fast-
tracked projects was that we were the first of all Southern Oregon agencies to bid and as a result
received very competitive bids.
A contract for the overlay project was awarded to Knife River Materials, Inc. (formally LTM, Inc.) and
included overlays of parts ofIowa Street, Laurel Street and Nevada Street. The work is now complete
and the final costs as computed by ODOT show an available $22,183.71 in unused ARRA funds.
There was insufficient time to amend the contract to add additional work elements to the project and
staff was faced with loosing the funds. Fortunately Josephine County was in a position to need
additional funds for their Wolf Creek Overlay Project and was willing to exchange our ARRA funds
for County funds at the standard, accepted exchange rate of94%.
Funds Use
A condition of the exchange is that the Ashland must use their extra allocated funds for a project to be
identified and approved by ODOT. Our proposed project is to install approved assessable handicap
access ramps on the Iowa Street sidewalk between North Mountain Avenue and Wightman Street.
Under this project, access ramps would be constructed and/or reconstructed and would include the
Federal Department of Justice required tactile warning strips. It is anticipated that this work will be
added to our upcoming Miscellaneous Concrete Construction Project which should bid early next year.
Related City Policies:
The City, through its City Council, is empowered to enter into agreement with other governmental
agencies regarding acceptance of grants and other offers.
Council Options:
. Council may approve the attached IGA with Josephine County and the amendment to ARRA
Agreement No. 25537;
. Council may reject the attached IGA with Josephine County and the amendment to ARRA
Agreement No. 25537.
Potential Motions:
. Move to approve the attached IGA with Josephine County and the amendment to ARRA
Agreement No. 25537 to exchange $22,183.71 in unused City ARRA funds for $20,852.69 in
county funds;
. Move to reject the attached IGA with Josephine County and the amendment to ARRA
Agreement No. 25537 to exchange $22,183.71 in unused City ARRA funds for $20,852.69 in
county funds.
Attachments:
Intergovernmental Agreement with Josephine Co.
ARRA Agreement No. 25537
Page2of2
-..
IF.."
ARRA FUND EXCHANGE AGREEMENT
Josephine County and City of Ashland
THIS AGREEMENT is made and entered into by and between Josephine County,
acting by and through its elected officials, hereinafter referred to as "County"; and the City
of Ashland, acting by and through its elected officials, hereinafter referred to as "City,"
hereinafter individually referred to as the "Party" and collectively referred to as the
"Parties."
RECITALS
1. By the authority granted in oregon Revised Statute (ORS) 190.010, County may
enter into cooperative agreements with counties, cities and units of local
governments for the performance of any or all functions and activities that a party
to the agreement, its officers or agencies, have authority to perform on the tenns
and conditions mutually agreeable to the contracting parties.
NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT
1. City has received a sub-allocation of American Recovery and Reinvestment Act
(ARRA) funds, hereinafter referred to as the "ARRA". City has requested to Fund
Exchange a portion of this sub-allocation with County and in turn, shall receive
County funds for use on a project or projects of their choosing.
2. County has considered City's request for the Fund Exchange and determined this
to be mutually beneficial to both Parties.
3. City has requested County to exchange ARRA funds, which have been allocated
to City, for County funds based on the following ratio:
$94 County for $100 ARRA
4. City shall exchange a total of $22,183.71 in ARRA funds for County funds at the
ratio defined above. County shall reimburse City with $20,852.69 of County funds
upon release of said funds from County's ARRA project being administered
through the Oregon Department of Transportation under the title of Old Hwy 99:
MP 0.00 - 0.6(' Overlay (Wolf Creek), key number 16481.
,
5. The term of this Agreement will begin upon execution and tenninate upon
completion of City's chosen project or projects.
6. The Parties agree that the exchange is subject to the following conditions:
1
a. The ARRA funds transferred to County shall be used on the Old Hwy
99: MP 0.00 - 0.67 Overlay (Wolf Creek) project, which is administered
through the Oregon Department of Transportation under key number
16481.
b. County dollars transferred to City must be used for a project or projects
. of the City's choosing. County dollars must be obligated by March 2,
2010.
c. County funds may be used for all phases of the project or projects,
including preliminary engineering, right of way, utility relocations and
construction. Said use shall be consistent with the Oregon Constitution
and statutes (Section 3a of Article IX Oregon Constitution). City shall
be responsible to account for expenditure of County funds.
d. County certifies, at the time this Agreement is executed, that sufficient
funds are available and authorized for expenditure to finance costs of
this Agreement within County's current appropriation or limitation of the
current biennial budget.
e. This Agreement may be tenninated by either party upon thirty (30)
days' notice, in writing and delivered by certified mail or in person.
1. County may terminate this Agreement effective upon delivery of
written notice to City, or at such later date as may be established by
County, under any of the following conditions:
A. If City fails to provide services called for by this Agreement
within the time specified herein or any extension thereof. .
B. If City fails to perform any at' the other provisions of this
Agreement, or so fails to pursue the work as to endanger
perfonnance of this Agreement in accordance with its tenns,
and after receipt of written notice from County fails to correct
such failures within ten (10) days or such longer period as
County may authorize.
2. Either Party may terminate this Agreement effective upon delivery
of written notice to the other Party, or at such later date as may be
established by the terminating Party, under any of the following
conditions:
A. If either Party fails to receive funding, appropriations, limitations
or other expenditure authority sufficient to allow either Party, in
the exercise of their reasonable administrative discretion, to
make payments for performance of this Agreement.
2
B. If federal or state laws, regulations or guidelines are modified or
inlerpreted in such a way that either the work under this
Agreement is prohibited or either Party is prohibited from paying
for such work from the planned funding source.
3. Any termination of this Agreemenl shall not prejudice any rights or
obligations accrued to the Parties prior to termination.
f. County and City hereto agree that if any term or provision of this
Agreement is declared by a court of competent jurisdiction to be
invalid, unenforceable. illegal or in conflict with any law, the validity of
the remaining terms and provisions shall not be affected, and the rights
and obligations of the Parties shall be construed and enforced as if the
Agreement did not contain the particular term or provision held to be
invalid.
7. City and County certify and represent that the individuals signing this
Agreement have been authorized to enter into and execute this Agreement
on behalf of City and County, under the direction or approval of its
governing body, commission, board, officers, members or representatives,
and to legally bind City and County.
8. This Agreement may be executed in several counterparts (facsimile or
otherwise) all of which when taken together shall constitute one agreement
binding on all Parties, notwithstanding that all Parties are not signatories to
the same counterpart. Each copy of this Agreement so executed shall
constitute an original.
9. This Agreement constitutes the entire agreement between the Parties on
the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this
Agreement. No waiver, consent, modification or change of terms of this
Agreement shall bind either Party unless in writing and signed by both
Parties and all necessary approvals have been obtained. Such waiver,
consent, modification or change, if made, shall be effective only in the
specific instance and for the specific purpose given.
3
THE PARTIES, by execution of this Agreement, hereby acknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms.
City of Ashland, by and through its
elected officials
By
Date
By
Date
By
Date
APPROVED AS TO LEGAL
SUFFICIENCY
By
Counsel
Date
City Contact:
Jim Olson
City Engineer
City of Ashland
51 Winburn Way
Ashland, OR 97520
(541) 488-5347
jimo@ashland.or.us
Josephine County, by and through
its elected off .
By
Date
By
Date
By
Date
~~
,/
--
APPROVED AS TO LEGAL
SUFFICIENCY
By~e-
Counsel
Date: II - q - 0"')
County Contact:
Robert Brandes
Public Works Director
Josephine County
201 River Heights Way
Grants Pass, OR 97527
(541) 474-5460 x4429
rbrandes@co.josephine.or.us
4
Misc. Contract & Agreement
No. 25537
LOCAL AGENCY AGREEMENT
American Recovery and Reinvestment Act of 2009
1R.Paving
Ashland City Streets: Pavement Overlay
City of Ashland
THIS AGREEMENT Is made and entered Into by and between the STATE OF OREGON,
acting by an<! through its Department of Transportation, hereinafter referred to as
"State," and the City of Ashland, acting by and through its elected officials, hereinafter
referred to as "Agency," collectively hereinafter referred to as the "Parties."
RECITALS
1. North Laurel Street, North Main Street, Iowa Street, Wightman Street, Mountain
Avenue, Vansant Street, Michelle Avenue and West Nevada Street are part of
the city street system under the Jurisdiction and control of Agency.
2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, 366.572 and
366.576, state agencies may enter into cooperative agreements with counties, cities
and units of local governments for the performance of work on certain types of
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
3. The American Recovery: and Reinvestment Act of 2009, hereinafter referred to as
the "ARRA", provides funding for job preservation and creation, Infrastructure
investment, energy efficiency and science, assistance to the unemployed, and state
and local fiscal stabilization, for fiscal years 2009 and 2010.
4. The ARRA provides each state a sub-allocation of ARRA funds for cities, counties
and metropolitan areas.
NOW THEREFORE, the premises being in generai as stated in the foregoing Recitals, it
is agreed by and between the Parties hereto as follows:
. TERMS OF AGREEMENT
1. Under such authority, State and Agency agree to pave various streets or roads as
further identified and shown in the description (Exhibit A-1) and map (Exhibit A.2) both
attached hereto and by this reference made a part hereof, hereinafter referred to as
"Project". The Project will consist of a 2.lnch pavement overlay In accordance with
1 R Guidelines.
Key No. 16518
AgencylState
Agreement No, 25537
b. If Agency fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this
Agreement in accordance with its terms, and after receipt of writlen
notice from State fails to correct such failures within ten (10) days or
such longer period as State may authorize.
c. If Agency fails to provide payment of its share of the cost of the Project.
d. If State fails to receive funding, appropriations, limitations or other
expenditure authority sufficient to allow State, In the exercise of its
reasonable administrative discretion, to continue to make payments for
performance of this Agreement.
e. If federal or state taws, regulations or guidelines are modified or
interpreted in such a way that either the work under this Agreement Is
prohibited or State is prohibited from paying for such work from the
planned funding source.
10. Because of the ARRA funding requirements, Agency must advance the Project for
obligation of funds prior to March 1,2010; and State must make a determination no
later than December 31, 2009 whether this date will be met. Therefore, If Agency
has not submitted the Project's "Plans, Specifications and Estimates"
(PS&E) package to State's Region office by December 31,2009, the Project will be
reviewed by State, in coordination with the Oregon Local Program Committee. If
State determines that the ARRA funds will not be, or are unlikely to be, obligated for
construction prior to March 1, 2010, State may terminate this Agreement effective
upon delivery of written notice to Agency, allowing the funds to be distributed to
another project at State's discretion; and State shall have no obligation to replace
the ARRA funds with other state or federal funds.
11 ,Any termination of this Agreement shall not prejudice any rights or obligations accrued
to the Parties prior to termination.
12. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2,
respectively, are by this reference made a part hereof. The Standard Provisions
apply to all federal-aid projects and may be modified only by the Special Provisions.
The Parties hereto mutually agree to the terms and conditions set forth in
Attachments' 1 and 2. In the event of a conflict, this Agreement shall control over the
attachments, and Attachment 1 shall control over Attachment 2.
13,Agency, as a recipient of federal funds, pursuant to this Agreement with State, shall
assume sole liability for Agency's breach of any federal statutes, rules, program
requirements and grant provisions applicable to the federal funds, and shall, upon
3
AgencylState
Agreement No. 25537
Agency's breach of any such conditions that requires State to return funds to the
Federal Highway Administration, hold harmless and indemnify State for an amount
equal to the funds received under this Agreement; or If legallirnitations apply to the
indemnification ability of Agency, the indemnification amount shall be the maximum
amount of funds available for expenditure, including any available contingency funds
or other available non-appropriated funds, up to the amount received under this
Agreement.
14.Agency certifies arid represents that the indlvidUal(s) signing this Agreement has been
authorized to enter into and execute this Agreement on behalf of Agency, under the
direction or approval of its governing body, commission, board, officers, members or
representatives, end to legally bind Agency.
15. This Agreement may be executed In several counterparts (facsimile or otherwise) all
of which when taken together shall constitute one agreement binding on all Parties,
notwithstanding that all Parties are not signatories to the same counterpart. Each copy
of this Agreement so executed shall constitute an original.
16. This Agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. No
waiver, consent, modification or change of terms of this Agreement Shall bind either
Party unless In writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver. consent, modification or change. If made, shall be
effective. only in the specific instance and for the specific purpose given. The failure of
State to enforce any provision of this Agreement shall not constitute a waiver by State
of that or any other provision.
THE PARTIES. by execution of this Agreement. hereby ecknowledge that each Party
has read this Agreement, understands it, and agrees to be bound by its terms and
conditions.
This Project is amended into the 2008-2011 Statewide Transportation Improvement
Program, Key No. 16518 that was approved by the Oregon Transportation Commission
on November 14, 2007 or will subsequently be approved by amendment to the STIP.
The Oregon Transportation Commission on December 29, 2008, approved Delegalion
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations. Day-to-day operations include those activities required to implement
the biennial budget approved by the Legislature, including activities to execute a project
In the Statewide Transportation Improvement Program.
4
Agency/State
Agreement No. 25537
On September 15, 2006, the Director of the Oregon Department of Transportation
approved Subdelegation Order No, 2, Paragraph 1, in which authority is delegated to
the Deputy Director, Highways, to approve and sign agreements over $75,000 when the
work is related to a project included in the Statewide Transportation Improvement
Program.
City of Ashland, by and through its
elected o.lficial~
BY~'
::t~O~
#is-/o 1
.
Date
B
Agency Counsel
Date ~ - I Y - 0 '1
Agency Contact:
Mike Faught, Public Works Director
20 East Main St
Ashland, OR 97520
faughtm@ashland.or.us
541.552.2411
State Contact:
Kelll Sparkman, ODOT Dis\, 8
100 Antelope Road
White City, OR, 97503-1674
kelli.sparkman@ODOT.state.or.us
541-774-6383
STATE OF OREGON, by and through
its Department of Transportation
By U\l~
De~r, Highways
Date 'l...~
APPROVAL.- COM~ND 17'
''yy v-'/ #'
By ,( I' . 'l-' A----,
Local Governm n Section Manager
Date ~I,/~;; IQ 1
APPROVED AS TO LEGAL
SUFFv..NCY ,,;;/ ..0.1
By 'L /1, 7(.A
Assistant Attorney General
(lllltf?''1
..t
Date:
5
CITY OF
ASHLAND
Council Communication
Resolution Restoring Electric Rate Tables Omitted from Resolution 2009-26
Meeting Date: December I, 2009 Primary Staff Contact: Dick Wanderscheid
Department: Electric E-Mail: wandersd@ashland.or.us
Secondary Dept.: Finance Secondary Contact: Lee Tuneberg
Approval: Martha Benne Estimated Time: Consent Agenda
Question:
Does the City Council want to approve a resolution correcting for an error of omission for two electric
rate schedules that were left out of the resolution adopted by the Council on September 22, 2009?
Staff Recommendation:
Staffrecommends that the Council adopt the attached resolutions restoring the two schedules.
Background:
The Council adopted a Rate Resolution (2009-26) on September 22, 2009 increasing electric rates by
4%. A section entitled 'Installation and Maintenance' of the Large General Service (Schedule 48) and
the Governmental Large Service (Schedule 50) were inadvertently left out of the resolution.
These sections only affect Southern Oregon University and Ashland School District and the replaced
sections have the exact same language and rates as the previous rate resolution. Adoption of these
sections will have no fiscal impact on either customer as the fees would remain the same as in the
replaced Schedules.
Related City Policies:
N/A
Council Options:
I) Adopt the attached rate resolution
2) Decline to adopt the resolution.
Potential Motions:
Move to adopt the attached rate resolution that restores the Installation and Maintenance section to
Schedules 48 and 50 of the City's Electric rates.
Attachments:
Rate Resolution
Page I of I
r.l'
RESOLUTION NO.
A RESOLUTION RESTORING RATE SCHEDULES FOR ELECTRIC SERVICE
OMITTED FROM RESOLUTION 2009-26
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The electric rate schedules were increased 4% for rates for electric
service provided by the City of Ashland effective with usage on or after November 1,
2009 per the Resolution 2009-26.
SECTION 2. The installation and maintenance sections of Schedules 48 & 50 were
erroneously omitted from the resolution. Two customers require those schedules for
ongoing service. The attached schedules restore the codes with the rates unchanged.
These schedules and appropriate adjustments to the rates will be incorporated in future
electric rate adjustment resolutions.
SECTION 3. Copies of this resolution shall be maintained in the Office of the City
Recorder and shall be available for public inspection during regular business hours.
SECTION 4. Classification of the fee. The fees specified in Section 1 of this resolution
are classified as not subject to the limits of Section 11 b of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 5. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code
S2.04.090 duly PASSED and ADOPTED this day of December, 2009.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 1
City of Ashland, Oregon
GENERAL SERVICE. GOVERNMENTAL LARGE SERVICE
SCHEDULE 50
Applicable:
This schedule is applicable to electric service
loads which have registered from 1,000 to 3,000
kilowatts more than once in any consecutive
18-month period. Deliveries at more than
one point, or more than one voltage and
phase classification, will be separately
metered and billed. Service for intermittent,
partial requirements, or highly fluctuating
loads, or where service is seasonally
disconnected during anyone-year period will
be provided only by special contract for such
service.
Monthly Billing:
The Monthly Billing shall be the sum of the
Basic, Demand, Energy, and Reactive Power
Charges, plus appropriate Metering and
Delivery adjustments.
Basic Charge:
2,114.16
Per month
Demand Charge:
For each kilowatt of Billing Demand.
3.9391
Energy Charge: per kWh
4.621
rates (for usage) shown as cents
Minimum Charge:
The monthly minimum charge shall be the basic
charge. A higher minimum charge may be
required by contract.
On-Peak Period Billing Demand:
The on peak period kilowatts shown by or
computed from the readings of City's demand
meter for the 3D-minute period of custome~s
greatest use during the month, determined to
the nearest kilowatt.
Reactive Power Charge:
The maximum 3D-minute reactive demand for
the month in kilovolt-amperes in excess of
40% of the measured kilowatt demand for the same
month will be billed, in addition to the above charges, at
rate shown below, per kvar of such excess reactive
demand.
0.9191
The City retains the right to change its line voltage or
classifications thereof at any time and after reasonable
advance notice to any customer affected by such change,
such customer then has the option to take service at the
new line voltage or to accept service through transformers
to be supplied by City subject to the voltage adjustments
above.
CONTRACT:
The City may require the customer to sign a
written contract which shall have a term of not
less than one (1) year.
Special Conditions:
Customers shall not resell electric service
received from the City under provisions of this
schedule to any person.
The City retains the right to change its line voltage or
classifications thereof at any time and after reasonable
advance notice to any customer affected by such change,
such customer then has the option to take service at the
new line voltage or to accept service through transformers
to be supplied by City subject to the voltage adjustments
above.
C:IDOCUME-1IshipletdILOCALS-1ITempIXPGrpWiseIElec-Sch 50 Large govt Users 11-1-09.xls
11/24/2009
City of Ashland, Oregon
GENERAL SERVICE - GOVERNMENTAL LARGE SERVICE
SCHEDULE 50
Page 2
Installation and maintenance:
The City may contract for the installation and maintenance
of electric facilities on the customer's premisis. The
terms of such service shall be set forth in a contract, the
form and terms of which shall be approved by the City
Council. Monthly charges made by the City shall be
approved by the City Council. Monthly charges made by
the City as reimbursement for ownership, operation and
maintenance costs applicable to facilities installed to
furnish service under rules of the Schedule shall be
determined in accordance with the following:
(1) Operating Charge -- shall be equal to 2/3 of 1%
per month of the installed cost of facilities paid
for by the customer.
(2) Facilities Charge -- shall be equal to 1 1/2% per
month of the installed cost of the facilities as
determined by the City for facilities installed at
City's expense.
(3) Transformer Capacity Charge -- shall be equal
15 (cents) per nameplate kva.
City of Ashland, Oregon
LARGE GENERAL SERVICE - USE OVER 2,000 KILOWATTS
SCHEDULE 48
Applicable:
This schedule is applicable to electric service
loads which have registered over 2,000
kilowatts more than once in any consecutive
18-month period. Deliveries at more than
one point, or more than one voltage and
phase classification, will be separately
metered and billed. Service for intermittent,
partial requirements, or highly fluctuating
loads, or where service is seasonally
disconnected during anyone-year period will
be provided only by special contract for such
service.
Special Conditions:
Customers shall not resell electric service received from
the City under provisions of this schedule to any person.
Monthly billing:
The City will negotiate with a customer a rate
structure and rate levels based upon the
specific circumstances of the customer. At a
minimum, the rates developed for this schedule
will be set at a sufficient level to recover all of
the costs incurred by the City to serve the
customer, including a minimum contribution to
fixed assets.
Metering & Delivery Voltage Adjustments:
The City retains the right to change its line
voltage or classifications thereof at any time,
and after reasonable advance notice to any
customer affected by such change, such
customer then has the option to take service
through transformers to be supplied by City
subject to the voltage adjustments above.
Contract:
The City may require the customer to sign a
written contract which shall have a term of not
less than one (1) year.
Effective on Usage as of November 1, 2009
C:IDOCUME-1IshipletdILOCALS-1ITempIXPGrpWiseIElec-Sch 48 Large Users 11-1-09.xls
11/24/2009
City of Ashland, Oregon
LARGE GENERAL SERVICE - USE OVER 2,000 KILOWATTS
SCHEDULE 48
Installation and Maintenance:
The City may contract for the installation and maitenance
of electric facilities on the customer's premises. The
terms of such service shall be set forth in a contract, the
form and terms of which shall be approved by the City
Council. Monthly charges made by the City shall be
approved by the City Council. Monthly charges made by
the City as reimbursement for ownership, operation and
maintenance costs applicable to facilities installed to
furnish service under rules of the Schedule shall be
determined in accordance with the following:
(1) Operating Charge -- shall be equal to 2/3 of 1 %
per month of the installed cost of facilities paid
for by the customer.
(2) Facilities Charge -- shall be equal to 1 1/2% per
month of the installed cost of the facilites as
determined by the City for facilities installed at
City's expense.
(3) Transformer Capacity Charge -- shall be equal
to 15 (cents) per nameplate kva.
Special Conditions:
Customers shall not resell electric service received from
the City under provisions of this schedule to any person.
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing - Fire Prevention/Life Safety Inspections
December I, 2009 Primary Staff Contact: John Karns
Administration E-Mail: kamsj@ashland.or.us
Fire Department Secondary Contact: Martha Bennett
Martha Benne Estimated Time: 30 minutes
Question:
Does the Council wish to adopt a resolution for a Fire Prevention/Life Safety Inspection Program and
fee schedule pursuant to AMC Chapter 15.28.160?
Background:
There are two types offire prevention/life safety inspections conducted by fire departments. The
normal office or retail businesses as well as multi-family residences are inspected on a periodic basis,
usually annually or semiannually. These normal business and multi-family residence inspections are
typically conducted by suppression personnel. Target hazards, those businesses or multi- family
residences that have a higher fire hazard or life safety exposure are inspected by members of the Fire
Life Safety Division due to their expertise in advanced code enforcement.
Ashland Fire and Rescue suspended regularly scheduled basic fire prevention/life safety inspections
over 10 years ago, however, this is an expected and required function of a fire department in Oregon
(see Attorney General Opinion attachment). Suppression staffing levels drove the decision to suspend
such activities. Though some target hazards are inspected from time to time, the recent loss of the
inspector in the Fire and Life Safety Division of Ashland Fire and Rescue provides for sporadic, at
best, inspections of the City's target hazards. There are currentlyno fire prevention/life safety
inspections of the common businesses and multi-family residences conducted in Ashland.
The jurisdiction of these fire prevention/life safety inspections is defined in ORS 476.150:
476.150 Entry and inspection ofpremises; interfering with or preventing entry prohibited. (1)
The State Fire Marshal and deputies, at all reasonable hours, may enter into all buildings and
upon all premises, except private residences, for the purpose of inspection to ascertain if fire
hazards exist therein or thereon. Owners of private residences may request a fire inspection of
their property.
The proposed fire prevention/life safety inspection program will provide for inspection of all
businesses and multi-family residences in the City of Ashland. "Target" hazards will be inspected by
the Fire and Life Safety Division and the remainder will be inspected by suppression members of the
department. Though annual inspections would be preferred, staffing levels provide for inspections of
non-target hazards semiannually. There are approximately 1800 occupancies that are currently
identified for inspection.
A tiered fee schedule will be implemented based on the size and occupancy/hazard classification of the
buildings and businesses inspected. There will also be a non-compliance fee associated with the
program when building owners or business operators fail to correct the hazard or condition after a
reasonable amount of time.
Page 1 of2
~.l'
Prior to the implementation of the inspection program, there will be a multi-faceted education and
training effort targeting the building owners and business operators having questions regarding the fire
code. '
Related City Policies:
Section 15.28.010 of the AMC deals with the adoption of the 2007 Oregon Fire Code. Section
15.28.160 of the AMC allows for a fee schedule for code compliance inspections by resolution of the
City Council.
15.28.010. AdoPtion of the Oregon Fire Code:
The 2007 Oregon Fire Code and appendices A through L & SR are hereby adopted, except
where specifically excluded or modified by this section. The 2007 Oregon Fire Code and all
adopted appendices, as excluded or modified by this section, will be referred to in the Ashland
Municipal Code as the Oregon Fire Code. One copy of the Oregon Fire Code and appendices
shall be filed in the office of the City Recorder.
15.28.160. Code Compliance Inspection - Fees:
The schedule for fire code compliance inspections shall be established by resolution of the city
council.
Staff Recommendation:
Staff recommends the adoption of the Fire Prevention/Life Safety Inspection Program and fee schedule
resolution.
Council Options:
Council may:
. Adopt the proposed resolution
. Revise the proposed resolution
. Table the resolution
Attachments:
1. Proposed resolution
2. Attorney General Opinion
3. Fire Prevention/Life Safety Fee Schedule
Page 2 of2
~~,
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING ASHLAND FIRE DEPARTMENT SERVICES FEES,
AND REPEALING FIRE FEES IN RESOLUTION 2009-18.
Recitals:
A. The Ashland Fire Department provides special services, including emergency
services and services required by state law.
B. The City is allowed to establish fees and charges that are reasonably based
upon the related costs to the City of providing these services.
C. The Fire Department fees in Resolution 2009-18 need to be repealed and a
new resolution needs to be adopted that includes the fees from 2009-18 and
additional fees for Fire Prevention/Life Safety Inspections. '
THE CITY OF ASHLAND. RESOLVES AS FOLLOWS:
. SECTION 1. Pursuant to AMC 15.28.160, services fees for Ashland Fire and Rescue
are established in Table A, attached hereto and incorporated herein by this reference.
The fees shall take effect January 1, 2010. The fees and charges established by this
resolution are reasonably based upon related costs to the city.
SECTION 2. The fees will be reviewed each year and adjusted for inflation based upon
the Consumer Price Index (CPI) each March, any increase in the fees shall be effective
August 1. The fees shall be rounded to the nearest dollar based on the CPI. In the
event that there is deflation the fees shall remain the same. The first review and
possible increase will be March 2012, to be effective Julv 1. 2012.
SECTION 3. Copies of this resolution shall be maintained in the Office of the City
Recorder.
SECTION 4. Classification of the fee. The fees specified in Section 1 of this resolution
are classified as not subject to the limits of Section 11 b of Article XI of the Oregon
Constitution (Ballot Measure 5).
SECTION 5. Repeal. The Fire Department fees established in Section 3, Table A, of
Resolution 2009-18 are hereby repealed.
SECTION 6. This resolution was duly PASSED and ADOPTED this
, 2009, and takes effect upon signing by the Mayor.
day of
Barbara Christensen, City Recorder
Page 1 of 2
SIGNED and APPROVED this _ day of
,2009.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of 2
!MISCELLANEOUS FEES
TABLE A
Ashland Fire Rescue
Fee Schedule
I
FireMed Annual Household Fee - Annual Renewal
Emergency Medical Service Fee - Per Patient
Fire Department Reinspection Fee
FIRE PREVENTION/LIFESAFETY INSPECTIONS
t': "n.
Small BOslness
IRetall, la!J!e Business
Occup-anc)'Typ-i! "B"
Fire Prevention/Life Safety Inspection
Initial Inspection (First Reinspection Included)
0-1000 sf
1000 - 3,000 sf
3,001 - 10,000 sf
10,001 .20,000 sf
Over 20,000 sf
Non-Compliance after 2nd Inspection
Non-Compliance after 3rd Inspection
NoncColTlpllaD-""L~fter4thJnsP'!li~9'L ._ .___._ _ _ ._..
Occupanc~T):~e "A, Ef F, H, I,.M, 5"
Fire Prevention/Life Safety Inspection
Initial Inspection (First Reinspection Included)
0.3,000 sf
3,001-10,000 sf
10,001-20,000 sf
Over 20,000
Non-Compliance aft",r 2nd InspectiOn
Non-Complian!:l$iafler 3rd Inspection
t{on-COfl}PI(a.~_~t_4th Insp_~fil:l!L"!!<l~y~~.equ~'!!~~9n~
". Occupancy: T~pe HR, SR"
Fire Prevention/Life Safety Inspection
Initial Inspection (First Reinspection Included)
3 to 10 Units
11 to 40 Units
41 to 70 Units
Over 70 Units
Non-Compliance after 2nd Inspection
Non-Compliance after 3rd Inspection
Non-Com lIanee after 4th Ins ection and Subse uent Ins ctions
Multi Farlllll' Res, (MFR)
Occupancy Type A
Occupancy Type B
Occupancy Type E
OCCupancy Type F
Occupancy Type H
Occupancy Type I
Oceupancy Type M
Occupancy Type R
'Places where 5Qormore gather fotdlnlng. drinking, rn(ij)ting,worshlp,
,instruction,; . ~;:r:,"-"
Business offlces~ professional services. restaurantslbarswith less than
50.
Educational facilities/schools for K-12 and non..residentialday care.
Factories, Industrtat,'manufacturlng.
'...i
Places with a high fire, explosion, or health hazard. Major repair garages
and HazMallFlammable materials storage In quantity.
$52.00
$250.00
$75.00
$32.00
$48.00
$96.00
$144.00
$192.00
lnsp9dlon Fee .. $50.00
Inspection Fee + $100.00
~ L,~~n.fee! _ ~~J@:.OQ
:
$48.00
$96.00
$144.00
$192.00
lnsl>>dkm Fee + $50;
~Fee. $100,
. .._"':'~1!'Fee...~$g;o,.
Inspection Fee +
Inspection Fee +
Fee.
$48.00
$96.00
$144.00
$192.00
$SO.OO
$100.00
$150.00
Hospitals, nursing homes with medical care, prisons, mental health
facilities.
Sale of goodsime{Chandlse, departm!'i'tstores, ma~etsi!!ll>lIc accessible.
Residential places including hotels, motels,home based licensed care
facilities. (Units=rooms for hotels/motels)
TABLE A
Ashland Fire Rescue
Fee Schedule
FIRE AND LIFE SAFETY A WARENESS I
ATTORNEY GENERAL OPINIONS
OP- 6491
MAY 13, 1968
January 16, 1968
Honorable Robert Y. Thornton
Attorney General
Supreme Court Building
Salem, Oregon 97310
Sir:
We would like an opinion from your office as to the degree of authority and responsibility conferred upon fire
officers of local government under ORS 476.030 and 476.060.
Specifically does a fire officer of a subdivision of State government when aware of a violation of State
Fire protection statutes have authority and responsibility to:
1. Take action to correct such violation?
2. If so, what degree of action must be taken to discharge any responsibility?
3. Does any such responsibility vary with the officer's knowledge, training and opportunity for fire preven-
tion activities, i.e., as part time volunteer chief who supports himself with a full time job not connected to
the Fire Service, and with his Fire Service activity limited to response during times of emergency if he is
I available and on occasional organization meeting, perhaps only once a month?
I Would any such authority and responsibility conferred by statutes also apply to State fire protection regulations
I adopted by this office under administrative rules?
I
i This problem has created confusion and has been of considerable concern to this office and local fire officers for
many years. This has resulted in instances where local officers although aware of conditions seriously violating
State statutes did not take action because of the opinion that this was a responsibility of the Stale only.
Similar instances have occurred in other states such as the Indiana Ice Rink Explosion involving illegal (under
State regulations) use of L.P. Gas where a number of lives were lost and subsequent grant jury investigation
indicated both local and State fire officials for improper actions.
There have also been instances in Oregon when violations known to local authorities continued without abate-
I ment efforts such as hotels having fire escape exits but without balance stairs as required by ORS 479.020-
i 479.050, and dead end corridors of 80' or more, or corridors with more than one intervening room, 479.060.
;
I Most recently there have been many instances of structures build without approval of this office prior to con-
I struction as required by ORS 479.155 although such construction was known and approved by local authorities.
I Any clarifying opinions in this area will be much appreciated.
I Very truly yours,
i
i
I C. Walter Stickney
I State Fire Marshal
CWS:maf
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FIRE AND LIFE SAFETY AWARENESS I
ROBERT Y. THORNTON
ATTORNEY GENERAL
STATE OF OREGON
DEPARTMENT OF JUSTICE
SALEM
May 13, 1989
Mr. C. Walter Stickney
State Fire Marshal
668 Church Street N.E.
Salem, Oregon 97310
No. 6491
You ask what is the "degree of authority and responsibility" conferred upon fire officers of local
government under ORS 476.030 and 476.060. Specifically you wish to know (1) whether a fire officer of a sub-
division of state government when aware of a violation of state fire protection statutes has the authority and re-
sponsibility to take action to correct such violation, and (2) if so, what degree of action must be taken to dis-
charge that officer's responsibility.
As examples you note that there have been instances in Oregon when violations known to local
authorities have continued without direct efforts by local officials to personally abate such conditions such as
residential occupancies having fire escape exits but without balance stairs as required by ORS 479.020 to
479.050, or with dead end corridors of 80 feet or more and more than one room intervening between the corri-
dor and the fire escape in violation of ORS 479.060 (3).
ORS 476.030 (1) provides in part as follows:
"The State Fire Marshal shall enforce all statutes, and make rules and requ-
lations relatinq to:
"(a) The prevention of fires.
"(b) The storage and use of combustibles and explosives.
"(c) The construction, maintenance and regulations of fire escapes.
"(d) Over seeing the safety of and directing the means and adequacy of
exits in case of fire from factories, asylums, hospitals, churches, schools, halls, thea-
ters, amphitheaters, all buildings except private residences, which' are occupied for
sleeping purposes, and all other places where large numbers of persons work, live or
congregate from time to time for any purpose. " (Emphasis supplied)
ORS 476.060 (1) provides as follows:
"AII fire marshals in those governmental subdivisions havinq such officers,
and where no such officer exists, the chief of the fire department of every city or rural
fire protection district in which a fire department is established. The marshal or chief
or chief of police, officer of anv city or town in which no fire department exits, and the
constables within their districts outside of cities and towns shall be, bv virtue of the
offices held bv them, assistants to the State Fire Marshal without additional recom-
pense, subject to the duties and obligations imposed by law, and shall be subject to
the direction of the State Fire Marshal in the execution of the provisions of this sec-
tion and ORS 476.070, 476.090, 476.090 and 476.210." (Emphasis supplied)
The above statute makes all local fire chiefs and marshals and all local officers where there is
no fire department by virtue of their office "assistants to the State Fire Marshal" and "subject to the direction of
Resources I.doc 5/20/2009
12
FIRE AND LIFE SAFETY AWARENESS I
the State Fire Marshal" in the execution of the mandate of the statute and "subject to the duties and obligations
imposed by law."
The purpose of the above statute is not obscure. Fire is an ever-present hazard which is eve-
rywhere. The conditions that produce fire or safety hazards are also state-wide.
The legislature deemed that the most efficient way to control fire and safety hazards was to put
the fire marshal in charge of fire prevention, protection and safety on a state-wide basis, ORS 476.030 (1), su-
pra, but at the same time to require local fire chiefs and marshals and other local officials to be, by virtue of their
office, his assistants for that purpose. ORS 476.060, supra.
Accordingly, the duty of the State Fire Marshal to enforce statutes as set forth in ORS 476.030
(1), supra, pertaining to (1) the prevention of fires, (2) the storage and use of combustibles and explosives, (3)
the construction, maintenance and regulations of fire escapes, (4) overseeing the safety of and directing the
means and adequacy of exit from buildings in case of fire, also becomes the duty of the local fire officer in those
local subdivisions not exempt from regulations by the State Fire Marshal under ORS 476.030 (4).
Similarly, any regulations enacted by the State Fire Marshal pursuant to ORS 476.030 (1) also
have the effect of law and the fire marshal is under a duty to enforce such regulations. And, again such duty
becomes the duty of the local fire officer by virtue of his office.
It is obvious that if the State Fire Marshal is under the obligation to perform these duties of fire
prevention and protection and if the local fire officers are the fire marshal's assistants and subject to his direc-
tion and control, ORS 476.060, supra, then the local fire officers must also perform such duties.
Such legal responsibility means that if the local fire chief for example discovers or knows of a
three-story frame building with only one fire escape which is obstructed in violation of ORS 476.060 (4), such
officer cannot ignore the hazard and fail to promptly order and effectuate the elimination of the fire safety haz-
ard on the theory that the State Fire Marshal has a duty to enforce ORS 479.060.
For as an assistant to the State Fire Marshal the local chief himself is under a legal duty to the
public in his local community to promptly order and effectuate the elimination of the first safety hazard. ORS
476.060, supra.
Failure of the fire chief to so perform that duty or negligent performance of that duty could re-
sult in personal liability of the fire chief in damages to any member of the public injured by the chiefs failure to
perform his duty or through the chiefs negligent performance of his duty.
Thus in Svenson v. Brix, (1937) 156 Or. 236, 241-242, 64 P. (2d) 830 the court said:
" * , , The only ground on which there is an attempt to hold the superinten-
dent of banks liable is that he failed to perform some duty imposed upon him by law.
In other words, he is charge with nonfeasance in office.
"In Throop on Public Officers, !l 724, it is said:
"With respect to officers exercising ministerial powers, the rule of law is well settled,
that where an individual sustains an injurv bv the malfeasance, misfeasance, or non-
feasance of such an officer, actinq or omittinq to act contrarv to his duty, the law
qives redress to the injured person bv action for damaqes. The officer is liable for
nonfeasance, that is, for an omission to do his dutv, on Iv to the person who has a
special interest in the performance of that dutv; as where a sheriff, or other officer
having corresponding functions, fails to fulfill the directions of the process delivered
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FIRE AND LiFE SAFETY A WARENESS I
to him; in which case he is liable only to the party interested in the execution of the
process. But for misfeasance, or neqliqence in the performance of his dutv, and also
for malfeasance, or excess or abuse of his powers. his is liable to anv person who
sustains iniurv therebv." (Emphasis supplied)
And in Antin v. Union High School District No.2, (1929) 130 Or. 4761, 478,
280 P. 664, the court said
" . . . A public officer, however, is responsible to a private party for his own
negligence or wrongful acts when acting beyond the scope of his authority, or when
acting within the scope of his authority if the wrong done is not a violation of a duty
which he owes solely to the public. If the duty is solely a duty which the officer owes
to the public, then the officer is not subject to the suit of a private party, even though
it has resulted in injury to such party. But if the duty is one which the officer owes
both to the public and to a private individual, and theprivate individual is iniuriouslv
affected speciallv. and not as a member of the public. then for such violation the in-
iured partv may sue for the wronq done. . . . " (Emphasis supplied)
In the case of State ex reI, and to the Use of City of Sl. Louis vs. Priest,
(1941) 348 Mo. 37,152 SW. (2d) 109, 112 the court said:
" . . . But negligence on the part of an officer consists only in a failure to use
that degree of care which an ordinary reasonable and prudent man would exercise
under the same or similar circumstances and conditions. A reasonable effort to per-
form he duties pertaininq to such office is all the law requires. . . . (Emphasis sup-
plied)
Thus, generally speaking, local fire chiefs or other local fire officers are not only a legal duty to
enforce the statutes and regulations of this state pertaining to fire matters, but also they may be subject to per-
sonalliability for the failure to perform or the negligent performance of that duty. See also ORS 30.260 et seq.
However as the just quoted Priest case states "A reasonable effort to perform the duties per-
taining to" . [their] office is all that the law requires."
You mention the situation of structures being build without the plans having been first approved
by the State Fore Marshal as required by ORS 479.155 "although such construction was known and approved
by local authorities."
ORS 479.155 (1) requires that prior to the alteration or construction of certain buildings outside
of an area exempted from fire marshal regulations the owner
" . . . shall submit to the State Fire Marshal two copies of a plan or sketch
showing the location of the building or structure with relation to the premises, dis-
tances, lengths and details of construction as the State fire Marshal shall require.
ORS 479.155 (4) provides as follows:
"The State Fire Marshal or his staff shall be furnished with not less than two
accurate copies of the plan or sketch and details for the purpose of ascertaininq
compliance with applicable fire prevention and protection statutes and requlations.
The plan examiner shall indicate on the plan or sketch in writing his approval or dis-
approval and conditions for approval of the construction or alteration. . . . No build-
inq or structure shall be erected or constructed without approval bv the State Fire
Marshal or his deputv if the buildinq or structure requires approval, . . ." ( Emphasis
supplied)
The policy expressed by the above statute is clear. Certain buildings must be located and con-
Resources l.doe 5/20/2009
14
FIRE AND LIFE SAFETY AWARENESS I
structed in such manner as to effectuate fire prevention and safety principles.
To accomplish this the legislature requires that the plans for the buildings in question must first
be submitted to the fire marshal for his approval before the building is constructed and altered.
And no such building requiring approval of the plans therefore by the fire marshal shall be
erected or constructed without such approval, ORS 479.155 (4), supra.
Accordingly, in view of the plan terms of ORS 476.060 and 479.155, supra, local fire officials
are not only under a positive legal duty to require the plans for local construction subject to ORS 479.155 to be
submitted to the State Fire Marshal, but also such local officials are prohibited by ORS 479.155 (4), supra, from
approvinq or permittinq such local construction prior to fire marshal approval of the plans therefore.
In conclusion and in answer to your question it is our opinion that local fire officials by virtue of
their office are not only assistants to the State Fire Marshal, but also along with him are personally under the
legal duty to take whatever action is reasonable necessary to correct or prevent violations of fire prevention and
protection statutes and regulations.
It is also our opinion that such duty must be personally discharge by such local officers or by
their assistants unless relieved therefrom by order of the State Fire Marshal,
Very truly yours,
ROBERT Y. THORNTON
Attorney General
-t;:z
(-'-.
By C~~~ -4~/!../
Peter S. Herman
Assistant
PSH/jk
Resources I.doc 5/20/2009
15
CITY OF
ASHLAND
Council Communication
Meeting Date;
Department;
Secondary Dept.;
Approval:
Approval of an Amendment to the Lithia Springs (Gun Club)
Ecological Assessment Contract
December 1, 2009 Primary Staff Contact:
Public Works E-Mail;
Finance Secondary Contact:
Martha Benne Estimated Time;
James Olson, 552-2412
olsoni lalashIand.or.us
Michael R. Faught
10 Minutes
Question:
Will the Council approve a $20,078 amendment to the existing Brown and Caldwell contract to
provide additional soil and water sampling and testing to complete the environmental assessment on
the gun club property?
Staff Recommendation:
Staff recommends approval of a $20,078 amendment to the existing Brown and Caldwell contract to
provide additional soil and water sampling and testing on the gun club property.
Background:
Executive Summary
On May 19, 2009 the Council approved a $43,972.00 contract with Brown and Caldwell (B&C) to
conduct an ecological risk assessment of a 33 acre portion of the Lithia Springs property located on
Emigrant Creek Road and commonly referred to as the Gun Club.
The B&C contract included a Level I Scoping Study to be followed by a Level II Screening Study if it
was indicated by the Level I study. The third element of the contract was to develop Best Management
Practices (BMP's) for the operation of the shooting ranges. The Level I study has been completed
which indicated the need for a Level II Screening Study along with the need to conduct specific soil
and ground water sampling and testing. This soil and ground water sampling and testing was not
included in the original contract price thus a contract amendment is required to fund this additional
work.
History
The Ashland Gun Club (AGC) currently leases 33 acres of the City-owned Lithia Springs property.
The gun range has been in operation since the early 1970s and operates under the terms and conditions
of a lease that was previously managed by the Parks Department. The lease is up for renewal and
Council has asked that the site be assessed for possible adverse affects due to lead deposits and
previous commercial ventures. In addition, staff was asked to identify Best Management Practices
(BMP) for lead control for possible inclusion in the new lease.
Contract
The original contract held by B&C was the result of a Request for Proposal which was advertised on
March 6 of this year. In response to the City's request, five proposals were received and B&C was
ultimately chosen as the best responder. The contract was awarded by the Council on May 19, 2009.
Page] of2
r~'
CITY OF
ASHLAND
The original contract included costs for the following elements:
1. Level I Scoping Study $8,814.00
2. Level II Screening Study (if required) $32,082.00
3. Development of the Best Management Practices $3,076.00
Total $43,972.00
The Level I study indicated the need for further study (Level II Screening Study) including soil and
ground water testing which was not in the original proposal. B&C's first proposal for the testing and
sampling was over $85,000; however, Staff was able to successfully negotiate the price down to a
more reasonable cost of $20,078. Much of the savings was attributed to the elimination of a drill rig to
collect samples. In place of the drill, a City backhoe will be used to dig pits for soil and water
sampling.
The contract is proposed to be amended as follows;
Original Contract Amount $43,972.00
Contract Amendment No.1 $20,078.00
Adjust Contract Total $64,050.00
The completed risk assessment will ultimately be submitted to DEQ for review and acceptance. The
hoped for outcome will be that DEQ will issue an order of "no further action required" on the site. It is,
however, possible that DEQ may require additional actions which might include additional testing and
sampling, the installation of monitoring wells or other actions beyond the scope of B&C's contract. If
this occurs, a second contract amendment may be required.
Related City Policies:
AMC Section 2.52.050 requires that the Council approve all contract amendments in excess of25% of
the initial contract. In this instance the amendment to the B&C contract represents a 46% increase. The
proposal meets all other requirements of AMC 2.52.
Council Options:
. Council may approve the attached $20,078 Contract Amendment NO.1 to the Brown and
Caldwell contract;
. Council may suggest revision to the proposed scope of services to further reduce the cost;
. Council may reject Contract Amendment No.1.
Potential Motions:
. Move to approve the attached $20,078 Contract Amendment No 1 to the existing Brown and
Caldwell contract;
. Move to further modify the contract or proposal;
. Move to reject the attached $20,078 Contract Amendment No. I to the existing Brown and
Caldwell contract.
Attachments:
Contract Amendment No. I
Brown and Caldwell Proposal of November 6, 2009
Vicinity Map
Page 2 of2
r~'
.'
PERSONAL SERVICES CONTRACT
AMENDMENT NO.1
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant: BROWN & CALDWELL
Address: City Hall Address: 201 N CIVIC DR STE 115
20 E Main St. WALNUT CREEK CA 94596-3864
Ashland. OR 97520 PHONE: (925) 937-9010
PHONE: (541) 488-5347
FAX: i541i 488-6006 FAX: (925) 937-9026
Date of this agreement: B: RFP Date: MARCH 6. 2009
NOVEMBER .2009 Proposal date: APRIL 10. 2009
~2.3 City Contracting Officer: Michael R. Faught. Director of Public Works
~2.4. Project: Lithia Springs Ecological Risk Assessment
~6,1, Engineer's Representative: Kenn Conner PE,.Department Manager
~8.3. Maximum Contract Amount: $64,050.00 ~
B. AMENDMENT NO, 1
1. Modification to "Services fo be provided"
Add conduct Soil and Groundwater Investigation - per attached proposal and cost
estimate dated November 6, 2009 and made a part of this addendum
2. Modification to "Compensation"
A. Original Contract Amount =
B. Add cost of extra work AMD 1 =
C, Adjusted total contract amount =
$43,972.00
$20,078.00
$64,050.00
CONSULTANT
BY;!:~
Fed. 10 # q 4 --- 144 ~ -3L(b
CITY
BY
Finance DIrector
REVEIWED AS TO CONTENT
BY
City Department Head
Date:
Coding:
(for City use only)
C:\Documenls and Settings\kconner\Locat Settings\Tempotary Internet Files\OLK22\OS-07 Contract Amend ,_ 1020 09.doc
BROW~ \\"
CALDWELL
201 ;-":orth Civic Drive,SLJit.: liS
W;dnut Cflo'ek. Caljfonli.1 ')4596-)K64
Ttl:925.9.H.lJ1J1O
ra:o;; 925.937.'J026
\\'\"'v.brownan.lcaldwdJ.com
November 6, 2009
Mr. Mike Morrison
Project and Facilities :Manager
City of Ashland
20 East Main Street
Ashland, Oregon 97520
051271.003.001
Subject:
Proposal and Agreemtnt to Conduct Preliminary Investigation of Lithia
Springs Property, 555 Emigrant Creek Road, Ashland, Oregon
Dear Mr. Morrison:
Brown and Caldwell (Bq has prepared this proposal for the City of Ashtand (City) to conduct a
preliminary soil and groundwater investigation of the Lithia Springs Prop~rty. The activities
proposed below are based on the findings of Be's "Levell Scoping Sn.dy Ecological Risk
Assessment" dated July 17,2009. These activities are Be's best estimate of the minimum
sampling necessary to achieve two goals:
1. Meet the minimum data requirements necessary co complete a Level II Ecological Risk
Screening. .
2. Begin identifying the horizontal and vertical extent of potential future cleanup actions.
The investigation activities proposed below are based on BC's recommendations presented in
the Level I Scope Study and subsequent discussions between Be and the City, including the
October 13, 2009, meeting held between BC and the City.
Background
The City currencly owns three adjacent parcels at 555 Emigrant Creek Road, Ashland, Oregon
(Site). This land is collectively known as the "Uthia Springs Property." BC recently performed a
Level I Scoping Srudy Ecological Risk Assessment and identified the presence of potential areas
of environmental concern and associated contaminants due to current and historical Site
activities. Given the findings of this study, Be understands that the City is seeking assistance in
evaluating whether these activities have resulted in chemjcal concentrations that warrant
mitigation measures. Completing the LevellI Ecological Risk Screening will answer this
question. although it should be noted that some additional refinements may be needed in the
future before mjtigation can begin.
Proposed Scope of Work
BC's proposed scope of work includes collecting soil, grab b1fOundwater, sediment and stream
water samples from the potential areas of environmental concern identified for the Site. BC's
proposed activities arc designed to be a preliminary assessment to answer the following
questions:
1. Are contaminants of concern (COCs) actually present at concentrations that would be of
conCern in the Level II Ecological Risk Screening?
2. [f coes are present, how are they generaUy distributed - horizontally ;lnd vertically?
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Be has designed this assessment based on the information gathered during the Level I Scoping
Study and through discussions with the City. The resuJts of this aSsessment will be incorporated
into a Level [] Ecological Risk Screening for submittal by the Oregon Department of
Environmental Quatity (ODEQ). It should be noted that ODEQ's review of the Levell!
Ecological Screening may result in a request for additional sampling in the future, either to
address data-gaps identified by OQEQ or to design mitigation measures.
Scope of Work
Be's proposed scope of work includes the following two tasks:
Task 1. Field Investigation
Three potential areas of environmental concern were identified that warrant a preliminary
investigation. Table 1 stunmarizes these potential areas of environmental concern and provides
recommended investigation strategies. Fjgure 1 shows the location of each potential area of
concern,
Table 1. Field Investigation Strategy for Potenlial Areas of Environmental Concern
Potential Area
of
Environmental
Concern Proposed Sampling Proposed Analyses Rationale
Excavate a trench In the middle of the range
and collect 1\\'0 surface soil samples (I.e., 3
inches below ground surface [bgs]) and ana
soil sample (rom a depth of 1,51eet bgs. After Area contains
Skeet Shooting collecting the soil samples, pothole the trench lead shot and
deeper to collect one grab groundwater PAHs and metals
Range' sample. This trench Is anticipated to extend remnants or clay
no greater than 10 feet long and dug to first targets
encountered groundwater or the maximum
depth of which the backhoe ls capable,
whichever occurs first.
Scan all berms using an XRF field meter, The
XRF field screening will include removing
large bullet fragments using a sieve prior 10
measuremenl This will provide real-lime PAHs (one sample
Shooting Range results that can be Immediately incorporated only) and melals (all Area contains
Berms and further assessed. Following the XRF bullel fragments
scan, one soil sample will be collected from five samples)
each or the five bermed areas (five samples
tolal) from the location wilhin each respecUve
berm that reported the greatest XRF reading.
Collect one surface water and one sediment Metals, VOCs, SVQCs Creek receives
Emigrant Creek sample at the upstream Sile boundary and and TPH for surface water
the downstream Site boundary. gasolineJdieseVlubeloil runoff from Site.
Notes:
PAHs '" polynuclear aromatic hydrocarbons; analyzed using United Slates Environmental Pr(}{ection Agency (USEPA) Method 8270
Metals., arsenic. antimony, chromium, cobaft. copper, lead iron, nickel. tin and zinc: analyzed using USEPA Method 6010
VOCs;o vo/afile organic compounds: analyzed using USEPA Me/hod 8260
SVOCs = semi-volatile organic compounds (SVOCs); analyzed using USEPA Me/hod 8270
Gasoline = analyzed using the Nonhwesl Total Petroleum Hydrocarbon GaSlJJine Range Method INWTPH.Gx) established by ihe ODEQ
OieseJAubeloil" analyzed using the M"'ITPH DieseVLube Oil Range (NWTPH.Dt) Method eSlablisf;ed by the OOEO
XRF ., x-ray Iluorescence
JJgs . below graund surface
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This task also involv~s the following activities required to perform the investigation:
. Prepare a she-specific health and safety plan in accordance with Title 29 of the Code of
Federal Regulations, Part 1910.120
. Subcontract with an Oregon-licensed analytical laboratory
. Procure the field equipment and supplies necessary to conduct the groundwater monitoring
event
. Notify the Oregon Utility Notification Center of the pending excavation activities
. Identify the 5ampling locations with a representative of the City to determine if there is the
potential presence of subsurface utilities or obstacles that could be damaged or obstruct the
drilling activities
Each sample will be collected following Be's established environmental sample collection and
handling standard operating procedures. The samples will be placed in an. acceptable container. .
properly labeled, placed into rescalable plastic bags, stored in a cooler containing ice, and
transported under chain-of-custody documentation to an. Oregon-certified analyticallabora.tory:
Task 2. Reporting and Project Management
BC will prepare a brief letter report that document5 the results of the preliminary site
investigation. This report will include a narrative summary of the field activities, tabulated
analytical data, sample location maps and copies of the analytical laboratory reports. Be will
assess the reported analytical results using the Level n Screening Level Values established by
ODEQ in its "Guidance for Ecological Risk Assessment" dated December 2001, and the dsk-
based concentrations established by ODEQ in its "Final Pre-Calculated.Hot Spot Look-Up
Tables" dated May 31, 20D? Be will incorporate this report into the Level II Ecological Risk
Screening, and will use it to identify any complete pathway that could result in significant
ecological risk concerns.
This task also includes time for Be to conduct project management responsibilities including
budget tracking, invoicing, project staff coordination and commurucations with the City.
Assumptions
Be has incorporated the following assumptions into the proposed scope of work:
. The City will close the Site for the four days necessary to complete the field investigation
activities.
. The City will provide the excavator and operator required for the sampling activities.
. Identifying the field locations is anticipated to be completed on the afternoon of Be's arrival
to the Site.
. Performing the XRF survey is anticipated to take one day to complete.
. The excavation/trenching/potholing and subsequent soil sampling activities area anticipated
to take no more than two days to complete.
. BC anticipates providing one staff scientist to perform the field investigation activities. A
second. sen.ior BC engineer will accompany the BC staff scientist on the first and second day
of the field activities at no cost to the City.
. No permits are rel..luired for the sampling activities and, therefore, no allowances have been
made for permits.
Mr. MtmiJo!1
NOI'rfllbl'r 6, 2U09
P'igt 4
. Be anticipates two days of travel (one day to travel to the Site and one day to return to the
BC office). The first day of travel will bc combined wirh the field identification of the
sampling locations.
. BC has included field personnel' per diems for food and lodging based on availabte
reasonable rates in the Ashland, Oregon, vicinity during the season that the field work takes
place.
. The sampling activities will not generate investigation.derived waste that requires off. site
disposal. Rather, the excavated soil will be stockpiled adjacent ro the respective
trenches/pothotes.
. The samples will be analyzed using the laboratory's standard to-day turnaround time, except
for dioxins/ [urans that have a standard IS-day turnaround rime.
. The costs associated with the analytica1laboratory includes the following analyses;
. Metals: 10 soil samples; 3 water samples
. VOCs: 2 soil samples; 2 water samples
. SVOCs: 2 soil samples; 2 water samples
. P AHs: 4 soil samples; 1 water sample
. NWTPH-Gx: 2 soil samples; 2 water samples
. NWfPH-Dx: 2 soil samples; 2 water samples
. Registering the XRP field meter with the State of Oregon will not be required.
Schedule
BC will commence with the proposed scope of work upon receiving the signed agreement from
the City. BC anticipates requiring up to four weeks for procuring the field equipment and
scheduling the field work. Field a.ctivities are estimated to require up to three days to complete,
including travel time. Be will prepare and submit to the City the draft report four weeks
followjng the receipt of the analytical results, or approximately to to 12 weeks following the
initial authorization.
Estimate of Costs
Be proposes to perform the above scope of work on a time and materials basis using a 3.5 labor
multiplier, $6/hour associated project fee to cover BC's direct expenses (e.g., telephone,
computer programs and hardware, and report reproduction), and BC's standard to percent
markup on subcontracted services (i.e., analytical laboratory). The estimated cost for the
proposed scope of work is $20,078, which includes $14,172 for Task 1 ($6,444 as BC labor and
$7.728 as subcontracted services and outside expenses) and $5,906 for Task 2. Note that these
costs are only estimates, nnd that the scope of services for this project may change from our
initial estimate based upon the aCnIal conditions encountered and unforeseen circumstances.
Changes in scope and corresponding changes in budget will be negotiated to mutual agreement.
The total project fee will not be exceeded without prior approval.
.Hr. '\/o/17$on
NO"''f!J'!~r 6, 2009
P'/S,I!J
Terms and Conditions
BC proposes to conduct thi~ work in accordance with the attached Environmental Services
Terms and Conditions, For your convenience, this proposal is presented in a form that can be
accepted as an Agreement between the City and Be. To accept this proposal, please sign and
date below and return one fully executed copy to Be.
Be appreciates the opportunity to continue providing the City with environmental consulting
services related to the IJthia Springs Property. Should you have any questions regarding this
proposal, please conlact Kenn Conner at 925.210.2203 or Don Trueblood at 925.210.2281.
Very truly yours,
BROWN AND CALDWELL
, The undersigned :1grees to the Scope of Work
specified in this Agreement
CITY OF ASHLAND, OREGON
Signature:
Keno Conner, PE
Manager, Environmental Services
;z-~
Printed
Name:
Tide:
Date:
Jason Grant, PE
Project Manager
JG:jmv
cc: Don Trueblood, Brown and Caldwell
Jim Olson, City of Ashland
Attachments (2)
1. Environmental Services Terms and Conditions
2, Figure 1. Potential Areas of Environmental Concern
Brown and Caldwell/Client
Environmental Services Terms and Conditions
I. SCOPE
Brown and Caldwell (Be) :1grees to perform the services
described in the proposal or scope of work attached
hereto which incorporates these terms nnd conditions.
Unless modified in writing by the parties hereto, the
duties of Be shall not be construed to exceed those
services specifically set fonh in the proposal. These terms
and conditions and the proposal, when executed by
Client, shall constitute a binding agreement on both
parties .(hereinafter the" Agreemc::nt").
II. COMPENSATION
Client agrees to pay for the services provided for in
Article I in accordance with the compensation provisions
in the proposal. Payment to Be will be made within 30
days of the date of billing. Interest on the unpaid balance
will accrue beginning on the 31st day at the maximum
interest rate permitted by law.
Time-related charges will be billed as specified in the
proposal. Direct expenses and subcontracted services will
be billed in accordance with Be's proposal or
compemation exhibit attached to this Agreement.
Otherwise, Be's standard billing rates shan apply. In the
event any uncontested portions of any invoice are not
paid within 30 days of the date of Consultant's invoice,
Consultant shall have the right to ~mspend work per
Article XVII, Suspension of Work.
III. RESPONSIBILITY
STANDARD OF CARE. BC is employed to render a
professional service only, and any payments made by
Client are compensation solely for such services rendered
and recommendations made in carrying OUt the work. BC
shaU perform the services in accordance with generally
accepted engineering standards :l.nd practices in effect at
the time the services are rendered. BC does not expressly
or impliedly warrant or guarantee its services.
RELIANCE UPON INFORMATION PROVIDED
BY OTHERS. If BC's performance of services hereunder
requires Be to rely on information provided by other
parries (excepting Be's subcontractors), BC shall not
independently verify the validity, comp~teness or accuracy
of such information unless otherwise expressly engaged to
do so in writing by Client.
IV. ACTIVITIES REQUIRED OF CLIENT
Client shall appoint a representative who shall have
complete authority to transmit instructions, receive
information and interptet and define Client's policies
with respect to the work to be performed. Be shall be
entitled to rely on representations made by Client's
representative.
Client :Lgrees to perform the following.
I. Provide access lO site, including coordination with
any tenants for access to !iampling locations.
2. Provide all readily available informacion on past
hiscory and operations at the site.
3. Provide all available and known information on the
nature of contaminants likely to be found Dn the
property, including any anal)'tical tepons on soils or
groundwater.
4. Provide information on locations of any known
underground tanks, pipes, and utilities for the site.
S. Execute aU regulatory paperwork required as part of
the services performed, i.e., manifests and waste
characterization.
6. Arrange for or directly ru:;pose of all contaminated
materials, including drilling cuttings, groumlwater, or
soil
V. INDEMNIFICATION
INDEMNIFICATION BY BC. Any other provision
of this Agreement notwithstanding, BC agrees to
indemnify and hold Client harmless from liability to the
extent atising out of the negligent errors or omission5 of
BC, its agents, employees, officers, directors, or
representatives in the performance of Be's duties under
this Agreement. To the fullest extent permitted by law,
BC's liability shall be limited to the actual loss sustained,
but in no event shall it exceed $50,000 or the amount of
Be's fees hereunder, whichever is greater, regardless of
the legal theory under which such liability is imposed.
Such negligence shall be measured by standards in effect
at the time services are rendered, not by later standards.
Regardless of any other term of this Agreement, in no
event shall eirher party be responsible or liable to the
other for any incidental, consequential or other indirect
damages.
INDEMNIFICATION BY CLIENT FOR
PREEXISTING CONDITIONS. Client
acknowledges that BC will perform parr of the work at
facilities that may contain hazardous materials or
pollution conditions ('IPreexisting Conditions"), and that
Be had no prior role in the generation, treatment,
storage, or disposition of such materials or conditions. In
consideration of the associated risks that may give rise tD
claims by third parties or employees of Client, Client will
indemni~. defend, and hold BC harmless (including
attorneys fees and other legal expenses) from any and all
losses, damages, claims or actions brought by any third
parry or employee of Client against Be or Bes
employees, agent.'!, officers, and directors that result from
or are attributable to such Preexisting Conditions.
C1ienes responsibility under this provision, however, shall
not apply to the extent claims are shown by final
judgment to have arisen out of Be's negligence or willful
misconduct.
VI. DISPOSAl. OP WASTE MATERIALS
Cliem will remain responsible as the generator of record
for the disposal of contaminated and other waste
marerials generated by Consultant on Client's site.
According!y, Client shall sign all regulalOry paper""ork,
including waste manifests or bills of lading. In the event
Client is not able to directly arrange for the disposal of
contaminated materials as referenced under Article: 1Y.6,
Client authorizes Be to hire, on behalf of and as O1gent of
Client, ~ubcontraccors to transport and dispo!ie of
concaminated or other waste materials generated from
Cliem'ssire(s).
CL-ES" TC (Rev. 120106)
Page I of3
Brown and Caldwell/Client
Environmental Services Terms and Conditions (cont.)'
It is understood and agreed dult Be shall not be deemed
to be, and is not responsible as a generator, operator,
transporter, arranger or other "person" as described in
Section 107(a) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980
(CERCLA), as amended. or Section 7002 of the Resource
Conservation and Recovery Act (RCRA), or applicable
state or local taws. Rather, Be acts at the direction of
Client solely as its agent to arrange for the transportation,
trearment, or disposal of the contaminated materials
generated from Cliem's site(s).
VII. INSURANCE
Be shall maintain during the life of the Agreement the
foUowing minimum insurance:
1. Commercial general liahi1i~ insurance, including
personal injury liability, blanket comracrual liability
and broad form property damage liability. The limit
shall be not less than $1,000,000.
2. Automobile bodily injucy and property dama~e
~ insurance with a limit of not Jess than
$1,000,000.
3. Statutoty worker!;' lompf'o!;ation and emplover!;l
lWilli..ty: insurance as required by srare law,
4. Professional Ijahili~ including contractnr's pollurion
~ wirh policy limits of nor less than $ t ,000,000.
Client shall be named as additional insured on polices 1
and 2 above. Upon request, a certificate of insurance v.iJl
be provided to Client with a 3D-day written notice in the
event the above policies are cancelled.
VIII. SUBCONTRACTS
BC shall be entitled, to me extent determined appropriate
by BC, to subcontract any portion of the work to be
petformed under this Agreement.
IX. ASSIGNMENT
If the authorized scope of work includes construction
activities or the oversight of construction, Be may, at its
discretion and upon notice to Cliem, assign all of its
contractual rights and obligacions with respect to such
activities to Brown and Caldwell Constructors, its wholly
owned affiliate.
If the authorized scope of work requires professionaJ
services to be perfonned in a jurisJiction in which BC
renders profes!;ional services solely through a locally
registered engineering affiliate for purposes of compliance
with ptofessionallicensing requirements in that jurisdiction,
Be may, in its discretion, upon notice to Client., assign its
comr:l.ctual rights and obligations with respect to such
services to such locally regiscered engineering affiliate.
X. INTEGRATION
These terms and conditions and the proposal to which
they are attached represent the: enUre understanding of
Client and Be as to those matters contained herein. No
prior oral or written und~rstanding shall be of any force
or effect wich respect to those matters covered herein.
The Agreement may not be modified or altered except in
writing signed by both parries, provided further chat any
terms and conditions in any Task Order or purchase
mue[ issued in connection or under the A,greement
which are inconsistent with the Agreement are deemed
null and void.
Xl. CHOICE OF LAW/JURISDICTION
This Agreement shall be administered and interpreted
under the laws of the state in which the Be office
responsible for the project is located. Jurisdiction of
litigation arising from the Agreement shall be in mat
state.
XlI. SEVERABILIlY
If any parr of the Agreement is found unenforceable
under applicable laws, such pan shall be inoperative, null
and void insofar as it is in conflict with said laws, but the
remainder of the Agteement shall be in full force and
effect.
XIII. CONFIDENTIALIlY
Be agrees it will maintain the confidentiality of material it
receives from Client which Client has clearly identified as
"Confidential" and will not disclose, distribute, or publish
to any third party such confidential information withom
the prior permission of Clienr. Notwithstanding the
foregoing, Be shall have no confidentiality obligation with
respect to information that:
1) becomes generally available to the public other than as
a result of disclosure by BC or its agents or employees;
2) was available to BC on a non-confidential basis prior
to its disclosure by Client;
3) becomes available to Be from a third patty who is
not., to the knowledge of BC, hound to rctain such
information in confidence.
In the event Be is compelled by. subpoena, court order, or
administrative order to disclose any confidential
informacion, BC shall promptly notify Client and shall
cooperate with Client prior to disclosure so that Client may
cake necessary actions to protect such confidential
information from disclosure.
XIV. FORCE MAJEURE
BC shall not be responsible for uelays in performing the
scope of services that may tesult from causes beyond the
reasonable control or contemplation of Be. Be will take
reasonable steps to mitigate the impact of any force
majeure.
XV. NO BENEFIT FOR THIRD PARTIES
The services to be performed by BC hereunder are
intended solely for the benefit of Client, and no right nor
benefit is conferred on, noc any contractual relationship
intended or established with any person or entity not a
party [0 dus Agreement. No such person or entity shall
be entitled to rely on Be's performance of its services
hereunder,
XVI. WORK PRODUCT
Be and Client rccobmize that the scope of services
performed hereunder has been authorized by the Client
and that any work product generated by BC is intended
solely fot Client's benefit and use and may not be re~ed
upon or reused by any third part)' without BC's prior
CL-ES-TC (Rev. 120106)
Page 2 of3
Brown and Ca1dweU/Client
Environmental Services Terms and Conditions (cont.)
wriuen coment. Be's work product shall become the
property of Client when Be has been fully compensated
:1.5 .~et forth herein. Be may keep COpiC5 of aU work
produce for its records.
XVII. SUSPENSION OF WORK
Work under this Agreement may be suspended as
follows:
1. By Client. By written notice to Be, Client may
suspend aU or a portion of the Work under this
Agreement if unforeseen circumstances beyond
Client's comrol make normal progress of the Work
impracticable. Be smll be compensated for its
reasonable expenses resulting from such suspension
including mobilization and de-mobilization. If
suspension is greater than 30 days, then Be shall
have the right to terminate this Agreement in
accorda'nee with Article XVII, Termination of Work.
2. ~. By written notice to Client, BC may
suspend the Work if Be reasonably determines that
worlcing conditions at the Site (outside BC's control)
are unsafe, or in violation of applicable laws, or in
the event Client has not made timely payment in
accordance with Article II, Compensation, or for
other circumstances not caused by Be that are
interfering with the normal progress of the Work.
Be's suspension of Work hereunder shall be without
prejudice to any other remedy of Be at law or
equity.
XVIII. TERMINATION OF WORK
This Agreement may be terminated as follows:
1. Bv Client (a) for its convenience on 30 days' notice
to Be, or (b) for cause, jf BC materially breaches this
Agreement through no fault of Cliem and Be
nehher cures such material breach nor makes
reasonable progress toward cure within 15 days after
Client has given written notice of the aUeged breach
to BC
2. ~ (a) for its convenience on 30 days' notice to
Client, or (b) for cause, jf Client materially breaches
this Agreement through no fault of Be and Client
neither cures such material breach nor makes
reasonable progress toward cure within 15 days after
Be has given written notice of the alleged breach to
Client, or (c) upon five days' notice if wurk under
this Agreement ha.s been ~uspended by either Client
or Be in the aggregate for more than 30 days.
In toe event of termination, Be shall perform ~uch
additional work as is reasonably necessary for the orderly
closing of the Work. Be ~hall be compensaced for all
work pet formed prior to the effective date of
termination, plus work reGuired for the orderly dosing of
the Work.
CL-ES-TC (Rev. 120106)
Page 3 of3
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CITY OF
ASHLAND
Council Communication
Department of Homeland Security SAFER Grant Program
Meeting Date: December 15,2009 Primary Staff Contact: John Karns
Department: Fire Department E-Mail;karnsj@ashland.or.us
Secondary Dept.; Administration Secondary Contact: Martha Bennett
Approval: Martha Benne Estimated Time: 15 minutes
Question:
Does the City Council wish Ashland Fire and Rescue to apply for 1 to 4 safety positions through the
United States Department of Homeland Security's (DHS) Staffing for Adequate Fire and Emergency
Response (SAFER) grant program?
Staff Recommendation:
Staff recommends that the Council direct Ashland Fire and Rescue to apply for 4 positions through the
SAFER grant program knowing this requires the City to maintain the current staffing levels plus the
three grant funded positions for three years. If Council does not wish to guarantee a minimum staffing
level for Ashland Fire and Rescue, then staff recommends applying for funds to restore the position
left vacant since December 2008.
Background:
The Department of Homeland Security SAFER grant program is designed to assist local fire
departments with staffing so they may respond to fire and fire-related emergencies. The goal of the
SAFER grant program is to enhance local fire department's ability to comply with staffing, response,
and operational standards established by the National Fire Protection Association (NFP A) and the
Occupational Safety and Health Administration (OSHA). Specifically, the grants focus on standards
included in deployment and assembly sections ofNFP A 1710 and the respiratory protection section of
OSHA 1910.134. The current funding for SAFER is $210 million.
The current minimum/maximum staffing level for Ashland Fire and Rescue is 7 - 9 members each
shift. At this time, the department has one safety position vacant with 8 members on one shift and 9 on
the two remaining shifts. The staffing level of each engine company is 2 the majority ofthe time.
Occasionally one oflhe two engine companies is staffed at 3 but there is no occasion when both engine
companies are staffed at 3. This staffing level is short ofNFPA standards, OSHA requirements, DHS
recommendations, as well asICMA (International City/County Management) averages.
. NFP A 1710: Regardless of the type of company, each must consist of a group of trained and
equipped fire fighters under the supervision of an officer who operates and arrives on the
emergency scene with one piece of fire apparatus. The standard allows for an exception in those
instances when multiple apparatus are used to make up a company. However, such exceptions
require that these multi-piece companies are always dispatched at the same time and arrive
together, are continuously operated together and are managed by a single company officer. The
standard does however still require that even if this multiple vehicle approach is used that the
department still adhere to the company response time guidelines, and that a company consist of
four persons, more when high hazards exist.
Page I of3
r~'
CITY OF
ASHLAND
. 1CMA's municipal yearbook report of 2006, Section: 3 Police and Fire Personnel, Salaries and
expenditures for 2005 stated (report studied over 3,200 municipalities):
Full Time Paid Personnel 2005
Citv Population Per Capita per 1,000 population
25,000-49,999
10,000-24,999
1.66
1.62
. ICMA stated: "Various controlled and statistically based experiments by some cities and
universities reveal that if about sixteen (16) trained firefighters are not operating at the scene
of a working fire within the critical time period, then dollar loss and injuries are significantly
increased, as are the square feet of fire spread. As fire fighting tactics were conducted for
comparative purposes,
. five person fire suppression companies were judged to be 100 percent effective in their
task performance,
. four person companies 65 percent effective
. three person companies 38 percent effective"
. ICMA published average is 5.7 firefighters per 10,000 residents. Ashland currently staffs 3.2
to 4.2 firefighters per 10,000 if Southern Oregon University (SOU) and the Oregon
Shakespeare Festival (OSF) are not considered but staffs 2.5 to 3.3 firefighters per 10,000 if
SOU and OSF are considered.
. OSHA is an agency that creates regulations that must be followed by fire departments. In 1998
OSHA revised it Respiratory Protection regulation, which had a great impact on the fire service
operations. This regulation is often referred to as the "2 in, 2 out" rule. Here are some ofthe
requirements of Respiration Protection - 63: 1152-1300;
. The use of respirators is required in atmospheres that are Immediately Dangerous to
Life or Health (IDLH) and interior structural fire fighting is considered an IDLH
atmosphere by definition.
. Two firefighters must be on standby to provide assistance or perform rescue when two
firefighters are inside the burning building. What this means is that in-order for the first
arriving fire engine to begin attacking the fire, four firefighters must be on the engine.
The SAFER grant program allows Ashland Fire & Rescue an opportunity to begin to create a staffing
level commensurate with recognized standards and regulations while having the actual cost of
compensation largely underwritten for two years by the Department of Homeland Security. Ashland
Fire & Rescue is an excellent candidate for the SAFER grant program due to call volume, degree of
hazard exposure, and current staffing level. Some significant grant parameters are;
. Grants to rehire laid-off firefil!hters have a 2-year period of performance with no
requirement to retain the firefighters beyond the period of performance. Federal funds
may be used to pay for 100 percent of the actual salary and benefit costs of rehired
firefighters with no requirement for a local cost-share. .
..(
. Grants to hire new firefil!hters have a 2-year period of performance and require
grantees to commit to retaining the SAFER-funded firefighters for one full year after the
Page 2 of3
r.l'
CITY OF
ASHLAND
end of the period of performance. Federal funds may be used to pay for 100% of the
actual salary and benefit costs of these newly hired firefighters without a local cost-
share.
The funds coming from the grant for two years of the grant period would range from $193,217.92 for
one firefighter to $772,871.68 for four firefighters. The third year cost would be $295,145.64 if three
firefighters are retained after the grant period or $397,527.52 if four firefighters are retained after the
grant period.
Council Options:
. Request Ashland Fire & Rescue to apply for 1 safety position through the SAFER grant program.
. Request Ashland Fire & Rescue to apply for 4 safety positions through the SAFER grant program.
. Reject the staffrecommendation
Potential Motions:
. I move that the City
Attachments:
SAFER grant spreadsheet
SAFER grant PowerPoint outline
Page 3 of3
r~'
Step 1 $18.13 $ 94,836.04
St,.2 $ 19.00 $ 98,38188
SI'.3 $19.91 $ 102,11797
Step 4 $20.77 $ 105,664.22
SI,., $21.66 $ 109,336.21
SI,.' $22.51 $ 112,818.77
H:\$AFER\SalerGrant.xls
Ashland Fire and Rescue
Department of Homeland Security
SAFER Grant
$ 267.983.76
$267,983.76$;
1 .
$ 267,983.76 t$
r . ;' '.U
$0.00 $ 472,914.00 1 803,951.2811. ,193,~~~.92 liH!;~72,871.~;;,'$ 295,145.64' 393,527.52
1:F.:IIlIng;ttie:one:sfilft',Yacan~iwill,save:approximatelYi.7Kstiifts~{OY~annualJY:%:$57{666!42
Total:
.III
11123/2009
SAflER GRANT
'--+:'The Grant Intends to Increase Fire
Dept. Staffing
. Helps Fire Departments Meet:
- NFPA Standards
- OSHA Regulations
- Department of Homeland Security
Recommendations
. Allows for New Hires and Rehires
SAflER <GRANT
'+~Funds 100% of New Hires for 2 Years
. Funds 100% of Rehires for 2 Years
. Covers Salaries and Benefits
. Requires Retention of New Hires for
Additional 1 Year
. No Retention Required for Rehires
1
ASHLAND F][lRiE AND
+curre~~:~~: ;~:~t~FING
- 2 on each ambulance
- 2 or 3 on each engine
- 1 Captain (Platoon Commander, not on engine)
. NFPA Standard is
- 4 on each engine
- Captain on each engine
. AF&R performs SO callbacks each month (OSHA 2.
in 2-out requirement)
. AF&R is only area department sending only 2 on
EMS "Charlie" responses
ASHLAND FIRE AND
RIESCUE STAFF][INIG
+-
. leMA's average Fire Dept. staffing is
5.7 per 10,000 residents
. AF&R's staffing averages 2.8 to 3.6
per 10,000 residents (some variables)
NFPA FIRE DEPARTMENT
+'Medium-~:~::~:~ancies: At
least 3 pumpers, 1 ladder truck, not
less than 16 firefighters, and 1 chief
officer.
. Low-Hazard Occupancies: At least
2 pumpers, 1 ladder truck" not less
than 12 firefighters, and 1 chief
officer.
2
leMA FIRE DEPARTMENT
-t- STAFFING
. leMA recommends 16
firefighters on scene within the
critical time period
_+SAFER GRANT SUMMARY
. ARRA waives 2009 SAFER
cost-sharing (100%)
. No Federal funding limit
.2 year performance period
3
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department;
Secondary Dept.;
Approval;
FY 2008-2009 Comprehensive Annual Financial Report
December 1, 2009 Primary Staff Contact: Lee Tuneberg
Admin. Services E-Mai1;tuneberl@ash1and.or.us
None Secondary Contact: None
Martha Benne Estimated Time: 30 minutes
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
2008-2009 and staff concurs.
Background:
The Audit Committee has met with staff and Pauly, Rogers and Company, P.C. to review and accept
the annual audit for the fiscal year ended June 30, 2009. The committee's report can be found in the
annual financial report on page xv 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. No new reportable conditions were identified
in the management letter for fiscal year 2008-2009. The "Management Report" included as an
attachment did recap progress made on items identified in the prior year audit.
The Administrative Services Department's responses to the Management Report comments are
attached as well. Staff continues to work on the issues raised last year that have not been cleared and
expects to have them sufficiently resolved by June 30, 2010, so they are not canied forward to that
audit.
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 18 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
Page 1 of3
~..
..."
CITY OF
ASHLAND
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 $1,551 to $101,365,604. Cash balances were stabilized through management efforts to
balance revenue and expenses during the year with shifts between funds and between restricted and
unrestricted categories within the respective funds.
Total City assets are down $1.33 million which includes;
1. $426,000 more in cash & investments (a plus)
2. $174,000 less in restricted cash (a minus)
3. $95,000 less in inventories (a minus)
4. $ 118,000 less in deferred revenue (a minus)
5. $3.27 million more in fixed assets (a plus)
6. $4.64 million more in accumulated depreciation (a minus).
City-wide current payab1es (liabilities) are $241,000 (4.9%) 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 $1,551 increase in Total Net Assets
for the City mentioned above. In general, the City raised rates, reduced operating expenses and
deferred capital projects to better balance incomes and out goes to provide a positive impact. The City
also reimbursed itself for prior years' capital construction expenses by issuing bonds for the Water and
Wastewater Funds. These positive steps resu1t.ed in changes that offset the negative impact of
depreciation (aging of city infrastructures calculated to be $4.64 million) for the year.
A final point for the overview is the change in categories of Net Assets where Unrestricted increased
by $750,000. Although there are many elements contributing to this change a key one is the reduction
or "release" of $876,000 from Restricted in the Wastewater Fund held to ensure annual debt service.
Both parties agreed that half of the average annual debt service is a sufficient restriction thus freeing
up monies for operations and helping to meet the ending fund balance requirement.
The Parks and Recreation Commission net assets decreased approximately $190,581. As with the
City, there are many elements contributing to this change including $351,261 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
Page2of3
r~'
CITY OF
ASHLAND
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 112-
113. Other key places to look within the document are;
Pages
t - VB
xv
3- 4
5 - 18
21 - 30
32 - 63
69 - 141
145 - 148
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
Other required auditor comments and 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, 2009 as presented.
B. Council moves to accept the Audit Committee Report and the Comprehensive Annual Financial
Report for the fiscal year ended June 30, 2009 as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
FY 2008-2009 Comprehensive Annual Financial Report
City of Ashland 2008-2009 Management Report including Responses from Management (status)
Audit Committee meeting draft minutes 11/6/2009
Page) of3
r~'
CITY OF ASHLAND
ASHLAND, OREGON
2008-2009
MANAGEMENT REPORT
iw.l~
PAULY, ROGERS AND CO., P.C.
CERTIFH~D PUBLIC ACCOUNTANTS
,. 12700 SW 72ND AVENUE .T1<MRD; OIlEGON 97223
~ (503) 620-2632 'FAx(S03) 6S4QS23' ' . '.
October 28. 2009
City of Aslilnnd
City Counciland'Audil'Committw
In planning and performing our audit'of tlie financial statements of City ofAslilandas.of and for t1ieyear ended
. ,,_' . :'0.,'.,. .<.::.~' '__. ...'...",_,_. .' '. " ....... "" _'; ".. ',.....\...
Jane 30..2009. in, ~ccordanc~.witlhallditings1al1dards generallyaccepledin lhe Unitcd Slat~s of America, we
considered City bfAshland's iniemal:controlover financial reporting (internal controls) as,abasisfordesigning
oar audiiing procedures for the purpose of expressing our opinions on' the financial statements, bui'not for the
.purposc ofexPressi'lgall opfrio.n'?rthe.eff~tiyeness9f lbe City's internn1 controls. Accordingly, we do not
express an opinion on the effectiveness of the City's internal controls. '. .' ,
,Our considcrationpfintemal!,ontrolswasforilieIimited purposedesciibedin thepr""edingParagraph,and would
not nccessari1y 'idenlifyalldeticienci.s in int~iCo~trols that rriiglii be ,significant defieienciesor material
'weaknesses. In addilion, ~cause of inherent limitations in internal controls, in~ludingthe . pOssibility of
management override of controls, missllltemenfs due to"e~or orfralld may occur and not ~edetected by such
c9ntrols;~owever,.as discassed~lo,\v,.we:identifi~d certain deficiencies ill inlema1'contJ:olsthat'we co~sider to
be significlmt deficienc.i~: . .' . . . .
Ac6nlroljlefic.ien!,yexiSts !ih!,n'th'ed,t:signor'i?perationpfa control doesnotal!ow:!llanagClnent or employees, in
lhe normaFc6urSe. of performing theiraSsigned'ranctions,:to prevent or detect misstatel11ents on a timely basis. A.
significant deficiency is a cortrol'defickncy, or a combination of control deficie.ncies, that adversely affects t1je
entity's ability to)ritirte, a)ltJJ9riZ<1i re~oro;fl1'9.fe;;S; or.r~~!>9rt fil1~ci~ldatrreJiablx,W accorol'nce withgen~rally
. accepted accounting principles such thaHhereismore than a !emote likelihoOd that a miSstatement of the entity:s
. financial statements that.is 'more tlian inconsequential will hot. be, prevented or detected by.the entity's internal
.c6ntrols: , " . . ,:. " .. " . . .. '.
- " . .
The Auditing StandardsBoatd issued, SA.S No. H2, Communicating Inti;'iiaI.Contro/ Re/ateilMauers-ldentifted
inanAudit; effective fo~auditSof firiancial st~,tementsl'orperiod~ ending,on oraft~rDeCCl11.ber 15,2006., This
statementrequ ire~'auditorste:eva1uat~jd~l1tif!i'dcSllltlgr<leficiCl1cies . and,..d~tenn ine',whether,those deficiencies, .
. individualIy or in combination, are sighificant'.deficiencies or material weakiiesses, and if SO communicate. them in
writing to,those charged 'witJigo~emance. ." . ,
.'0.."-"
SAS No. 112 st,ecificallY ideritifies a few ~rriIi1oricontroloefieiencies which masl be addressed in each audit to
.determine jf a significant qeficiencyC]tists, and baSed on'our evn1ua~ion we. have identified significanl deficiencies
!Il.the design or, iml1}ementa\illn of i'llliI?;"'t;Clllltr'1!si whiRli are nOled belo""., .
"" ,," " ,,> -. ".""" :,'," ." -. "',, .. ... ..". ,," ':
We. consider the follo')'ing deficienci~s'to be significant deficienei~ in intemal colltrol:
:rhere ;were' 'no ne\V sigitiliCantdt:ficieneie~.'thJringthe 2008109 aadit:. Thefollowillgare O11r
rccommenaations far the preyioas.ycar. :rhe,commentS'are repeated frgmour re!>9rt to management
tor the year endedJ)lre 30~~ffi8, forper~ctiv'1;' ., '. . . . .'. " .
F
:~~~-:;
,
.'
J. We nOled that the City does not h~ve a written internal control policies and procedures document.
In applying SAS 112 we believe that the City should adopt formal policies/procedures for' all
accounting areaS, especially as it pertains to i11tema1 controls arid theidentificatioil of key controls.
our. audit did not urycover.sigoificant d~ficicnciesp"rm'injngto these areas other thnn the items
noted be10\V,~4IOweverthepoJicjcslpropedures.ji11 place ar~not in writing. We~recommerydat,a
minimum thatthc following areas lie.addrcsscd(this constitutes aparliallis\; other areas of.intemal
control should' lie addressed): . .
o Controls overexpenditu'res to ensur.e that there are no fraudulent. checks or checks written in error -
.' Who. trnckstnechecl<.$~q.Jence,whnreviewsthecarice1<;d. checks .lJ~ck frofll tne bank,. who has
custody of checks, and.who is authoriZed to approve disbursements? .
o ~tailed exp1amition of.the. controls over cash accounts...including how many people it takes'to
. opewclose an account,cpntrols ov~r wire. trapsfers, and review ofbimk.reconciliations.
o Controls ov~rt:ashreceipting,~l-lowdo youenstire thB!receiptsare always' given, and that all
receiptsarerecord.ed in.th~ general ledger.. How often afedeposits taken to the bank...
o What intel1lll;1 contiolsand monitoring. is used for revieWIng and ensuring that the finandal
statements areaccurat~ and are inconfonmuice.\Vith SiMP (the control procedure here would be
Sending staffitglr'aini~g~nneWpr01?Pu~i:ements; etc.)'" '. .
o AllyinternaJ.audit functions, antifraud .programs,etc.
6 Mohitoringof internal 'controls by in~nagementand the goveining body to ensur~ that controls are
f!p)ctipningpioperly ;uj~"n; e~~luated wh~nsYSt~ms, the,e,nyjronfllent,and efllployees chan~e.
oOllier ar.ensth"t ,co~ldl?e discussed -~apit.u"asset ae<:op~ling, elllployeedishpnesty insoJance,
physical seounty ofdoeufllents, payrollprocessingltimesheets, and any olher applicable financial
l!reas. . ..' .
o Because :of ~!imited~tilnlJer:of av~ila~le~er~onnel;itis notalrrays POssi.ble toad"'luately
segreg~lecertain incofllpatibl~ dut\es'is.o. thl!tno one empI~ye~'h"s.aCcessIOiboth phys'icalassets
. an'!' the related accounli"g records or to allppases .of a transaction..C.onsequently;the possibility
exists th~t aninienlional' or intentional errors or irregularities could exist and not be promptly
dete~t~d. We' recommend' that the City address theirsegregntion ofsduties issue in their internal
,", '') . ....." < ,', -'. ....> " "',' , . ," " ;; '. ,-' -, .. ',' - " '.
c6ntr{)lpo\ieies'and procedures. . .... .' ..' i.'~. . .
Stl1tus,::'During FY200S-1009 Financeitaff develaped anintemal cOnlr,ol;documen} that outlined/he
controls.in pli1ce includini( .thoSeincorporatetf>within .otlier. established polic)-', operationS and
PrabelilJres. 1i0000!"ents, . 'Th!,dodume1f~'and.lhe,:prOcess 'at revising. or updating,t'otherreferenced. .
(subordinate) documentswei~ apjJrgVf!d by Council'in May:' 1009.' Th.e int~nt'is.to review, reVise
and/or update each 'clement'when significa~t changes are nielde wiih all.elements rec.eiving OJ least a
departinental ;~yii:w' .ver/three :years. . h' . ..... . .' . .
.: .', "0, '1" ..' "'":;-.0 IW' _,..:,.:,..f". ,-
..
"',' _ f :... ,,_ .' ,
'. . 2. We noted thai th~.l~f(jfmationfei:linology:(Ii} departJrieni does.'not havea.cohesive written
. internal'controldocum~t t1tat.deli!i1sou~th~.irinler1J~l~pntrols,,~er. their int~rnally developed
utilitybilliJ1g.~tem. Vf.~. .also n't!~.d. thatth"!.~wasno c~~esive wri~en iJ1terri~1 ~ontrol docum.mt'
that details the general "9ntrols oyerallcomputers and systems City-wide. We recommend that the
City develop written internal control'proced~ fer these 'areaS; \Vealsorecominend that that .IT
department "a"e anext~r1J~Iryv..iew.oftheproC.\IS~es and contrOls ft;'fIlah oU,tsid':C!l!ity.. '.'
, . ,': ,i"'.',> . ':'i :: " ,', . . .: ';'., ";..",,, ..~'>:: ..', '
'StatIJ.s.:JT h~s'develo;ed,!~~m;reh~~ive policy on /mSswordprotdclion ~d ilis c'Wrenilygoing
throUgh lmAdmi~isl7atiVe Review since. violations of the adopted policy will have an element of
diJciplinary acttol1i incll!4ed. The'jil1aJ.iversion 1I!ill b~ari. adopted , City AdminL'l7lf1iVepolicy in.FY
2()O9,~201 O. .... . ,. .
3. We noteo that the'CommunitYDevelopment account's receivable detriilconu.inedinany items which
were either 'extremely old or items that have already been paid. We recommend; that the
Community Development [lepartment reconcile and ,review their listing of accounts receivable and
,either "Tite the 'receiva~le Off'bec~u~ethe'item has been paid or' foiJow ,up with. the customer to
obtain payment.
. '
Status: During FY2008:2009'thisreceivable has been reconciled and all ci[fJerellcesresolved,
providing acCurate balances in theCiry 's general Ledger.
All)atcriaJwea~e~sis,a signifiellllt defici~ey, oraeombinationof significant deficieneies,ithut resultS in more
.than a remote li~elihOl)dthat a material misstatement of the fimincialst!ltements will not be p'revented or detected
byibe entity's intem~1 controL We did not.identifyany significant deficiencies iliatare cohsid~red to be material
weaknesses,. . . .
OTHER MATTERS;
"
0' 10 reviewing youfiinvesuhel)tpraeticeswl,noted'lhtlt ,the ,Gity has. investments with the 'Local
GovemmentlnvestinentPooL According 10 the Office of the State Treasurer, the Pool is not managed as
a stable n.et aSset vaJueand'assuc~ the preservation:ofprincipali~ not assured by the,Treaswy. The City
alious",s clt,her: t1nancia] instrumeritssuch;!i'f'cq:~ ~d US Cl?Verrn:!ent.~ec,urities. , As the safety of
ptiblic fundsjslhe ,prinl~' responsibility of every public investment'oflicer, ,we recommend that you
continually m~nitor and evaluate the risks versus rewards of your' investments. In addition we
reeoll)f!lendth.t'YOurinvestment~imd investment str;ltegies.,reperiodi~~b' reviewed by a group of
'kno\vledgeableindi~idualSto assessinvestment,perfonnanee, risk: compliance: and.to.ensllre policies and
pia2tieesareupoaiCdasheeessarY,'. '.' ...... .'. .... . . . ......'. .' ..
o 'We noted.ilialthe Cilyu$j:S vanousthirdpluties to prOj:ess aeCOllnling'irif(}~lllation,sueh as Pinnacle;ilie
City'ofSpringfield,:an<JJacKSon c::;ollnty. ~One .area of ernph"'1isin thepastjfew years ofnewaeeounting
andaudiling .standimlshas'becn a.grealer emphasis ol)di:>Cuinenting and iinplementing.slronger internal
'c~ntrols.. 'Dueto'this~':')ph'!Sistl]e<:ityshlluld o~\"in .some .assuranceSJrom third, parties that their
i~tE;TDUleontro!and..~!emspr~lIce.a~lI~ate aO(It<\Iia~le:. info~ation. .'fI,e recOll)f!lend .!hat. the eil)'.
request O!lear.more of,the following from.thesethird(parties:. aSAS 70's~rvici: audit!'rs report, their
audited linaheial,report,iliemanagernent'letter, a eopy;of the internal eontrol. docu~ents, 'and.a copy of
ilieiraccpuntin~.piocedll'fes.: ~'..". '''.> , '. .' :'..' . .
,< -'.. " -'.-.."
, .. .... ".. .:'.. d" ,i ".....\'- """" ~"./.:.. ..,H ,"_"', ,,>..._ .. ..
FlJTURE ACCOUNTING AND AUDITING ISSUES: .
_. "'" ',', ,,' - '.. .. .-, .,
I~ Order to keep you.aware,~Wnew aUditing. stanq~rdsjis~ueObY\,>e~l1leric~nInstitute[o~Certifi~ Public
Accountants andacCOurlting stji~rnents i~ed .by tlIe 'OoveriiinentaI. A'ccountiu~Stalld8rds;Board(9A~B),. we
have prepared thefollowing,suniinary of l11e, moresi~ilicant upcoming.issues: " . < . . ; .
.. -.. - .. ~, -, .,",., .. -,- .., '.. .. -'..' ..
".. .::-,'x.::,.... ...." -,
.. GASBStaternenfNo:S I"
" .~' . , - ".. '.
The GASBrecently issued Statement No. 51, Acc()uritingand fin..neial Reporting for Intangible Assets,
inoroerto,est~blish' a~U!,ling~il,ndf!nl\l!ei~,reJlOl1'jng reqlli~ITlents for;intangible assets,to redu~e .
:inwnsistenciesjn the'.,,",as' of recognitiop,.initialm~u~men~and amoitization~fintangible . assets, .
iliereby enhancing thceompambility oftlii:aeco~nting and linaricial reporting of such assets ,,!,!ong state
and.klCal,ggyemm~nt~.1Jhe. reqq.i]'emen\S<>.f. iliis Stlt~n:'entare. effective forfinaneial st,atements for
pcriOds. be);inning afierJlIne :15;2909 .
GASD Statement No. 54
The GASB recently isSued Statement No. 54; FundBalance~eporting and Governmental Fund Type
Defi~iti()ns; iil order toenhanee the u~efulness of fund ba,lanee;informatioll by provi<ling clearer fund
balance~l~ssificat;onsthntc3n'bemore con'sisiently ~pplied and;l>Y clarifYi"g the existing governmental
fund typedefini\ionii. TI;erequirements of this Statement are effective, for financial stalements for periods
, beginning after June 15, 20 I O. .
. "'.; , "
Thisc,cmmunication is intended solt'lyfor theirifomation arid use of mnriagement,th~Council,andotherswithin
the.organization;.md,is 'not"iriteIlded to be and sho,:,ld not be ,:,sedby anyoIle",ther t1iari these specified parties.
PAULY, R9GERS ~IlC(?, P~C, ,
'.,
'J
rFrf.]@
PAULY, ROGERS AND CO., P.C.
CERTIFIED PUBLIC ACCOUNTANTS
12700 SW 72ND AVENUE. TIGARD, OREGON 97223
(503) 620-2632 . FAX (503) 684.7523
October 28, 2009
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
2009, and have issucd our rcport Profcssional standards requirc that wc provide you with the following
information related to our audit.
Purpose of the Audit
Our audit was conducted using sampling, inquiries and analy1iealprocedures to opine on the fair presentation of
the financial statements and compliance ",,:ith:
. gcncrally 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. Genernllv Accepted Auditine Stnndnrds nnd (,'ovemment Auditi,,/!
Standards
As stated in our engagement leller, our responsibility, as described by professional standards, is to express
opinions about whether the financinl statements prepared by management with your oversight are fairly presented,
in all material respects, in conformity with U.S. generally nceepted accou'nting principles. Our audit of Ihe
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 assuranee 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 wilh 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 considcrations were solely for the purpose of determining our audit
procedures and not to provide any assurance concerning such internal control. We are 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 mailers.
Planned Scope and Timin!! of the Audit
We perfonned the audit according to the planned scope and timing previously communicated to you in our leller
about planning matters.
Pauly. Rogers and Co., P.c.
OClober 28, 2009
Results of Audit
I. Audit opinion letter - an unqualified opinion on the City's and Park's financial slatements 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.
Manaeement Letter
We noted significant deficiencies in Out management letter. There was a very proactive relationship between the
Cilyand the auditors which ensured that accounting issues were reviewed as Ihey "'osc during lhe audit, Due to
the implementation of ~ew auditing standards, we were required to communicate certain control deficiencies in
writing that may nol have been considered reportsble conditions in prior years, We have also addressed ncw
audiling standards thatlakc effect next year.
Sil!nificant Audit Findings
Qualilalive Aspects of Accounting Practices
Management is responsible for the seJection and use of appropriate accounting policies. In accordance
with the tenus of our engagement letter, we will advise managemcnt about Ihe appropriateness of
accounting policies and their application. The significant accounling policies uscd by the City and Parks
arc described in Note I to the financial statements. No new accounting policies were adopted and the
applicalion of existing policies was not changed during 2008, We noled no transactions entered into by
the City and Parks during the year for which there is a lack of authoritative guidance or consensus, Therc
arc no significanl transactions that have been recognized in the financial slatements in a different period
than when the transaction occurred.
Accounting estimates are an integral part of the financial statements prepared by management and are
bascd on management's knowledge and experience about past and current events and assumptions about
fUlure events, Certain accounting estimates are particularly sensitive because of their significance to the
financial statements and because of the possibility that future events alTecling thcm may differ
significantly from those expected, The most sensitive estimale(s) afTecling 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 detcnnining that they are rcasonable in relation to the
financial statemcnts taken as a whole
The disclosures in the financial statements ate neutral, consistent, and clear. Certain financial statement
disclosures are particularly sensitive because of their significance to financial statemenl users.
Difficulties Encountered in Petforming the Audit
We encountered no significant difficulties in dealing with management in pcrfonning and completing our
audit.
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatcments 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 detenuined that their effects are immaterial. In
addilion, none of the misstatements detected as a result of audit procedurcs and corrccted by management
were material, either individually or in the aggregate, to the financial statements taken as a whole. There
was no uncorrected misstatements noted during the audit.
,
Pauly, Rogers and Co" P.c.
October 28, 2009
Disagreemeflfs with Managemen/
For purposes of this letter, professional standards define a disagreement with management 3S a financial
accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be
significanl to the financial statements or Ihe auditor's report. We arc pleased 10 report Ihal no slIch
disagreements arose during the course of our audit.
N!anagement Representolions
\Ve have requested certain representations from management that arc included In the management
representation letter,
Management Consultarions with G/her Independent Accoullla11lS
In some cases, management may decide to consult with other accountants about auditing and accounting
matters, similar to obtaining a Hsccond opinion" on certain situations. If a consultation involves
application of an accounting principle to the City and Park's financial stalemenlS or a detennination of the
type of auditor's opinion that may bc expressed on those statemenls, our professional standards require
the consulting accountant to check with us to determine that the conslIhanl has all the relcvant facts. To
our knowledge, Ihere were no such consultalions with other accountants,
Other Audit Findings or Issues
Wc gencrally discuss a variety of matters, including the application of accounling 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 OUT professional relationship and OUf responses were not a
condition to our retention.
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 intcndcd solely for the usc of the board and management ofthc City of Ashland and the Parks
Commission and is not intended to be and should not be used by anyone other Ihanlhese specified parties,
;~ p~ "</~,,.?c
PAULY, ROGERS ANI) CO., P.C.
ASHLAND PARKS AND RECREATION COMMISSION
ASHLAND, OREGON
2008-2009
MANAGEMENT REPORT
UfJ.
PAULY, ROGERS AND CO., P.C.
CER,TlflED PUBLlC.ACCOUNTANTS
, 12700 sw 72ND",vENUE ~' TtGARD, OREGON 97223
. (5031 620-2632' FAX (503) 684-7523
. .
October 6, 2009
Ashland Parks arid Recreation Commission
. . ... .
InpJanning and performing our audit. of the financial statements of Ashland Parks and Recreation COmlnission as
of and for ilie year ended)une 30,2009, in accprdance withaudi,ting striridards generally aCcepted in ilieUnited.
States of t\ffierieai weconsideied Ashland Parks and Re<::l,"e3tion Commission~sintemal cOlltrol over, financial
reporting'(intemal controls) as 3 basis for designing our auditing procedures for the purpo~ of expressing our
opinions on thc".financialstntements, but not for,the purpose of expressing an opinion on the effectiveness of the
Cortimission~~in,temal ,c~ntrols. Atcordingly; we do n6t express an opinion 09 the' effec!iven~ of the
Commission~s internal controls. "
Oufeonsiderationof internal controls was for the iimited purpose described in the preceding' parngraphand would
nor necessarjlyidentify.alJ' deficien~ies in)nte,,!.~lc~ntrcl.1s. that might be ~igniJieant deficiencies or material
weaknesses.1ri additioll, because. of ii\herent" limitatiOnS in internal controls, includi!lgthe posSibility of
management override of controls, .missllltcments due to error or ,fraud may occUr and not be detected by stich,
eonlrols. However; as discussed below, we .identified certain <Ieliciencies in internal controlSiliat we Consider to
besignificani deficiencies. .
A control deficiency exisis'.when thedesiw or operation of ~ control does not allow mahagement or employees, in
the 'normal course i'f perfOrming their assignedfimctions,'to prevent Of delectmi~statcments on a timely basis.A' ,
significant defic:iency jS3c:ontroldeficienc,y; o~.aci'm~ina.tion of COntrol deficiencies, iliatadl'erse1yaffectsthe
entity's ability tojllitiate,{~uthorize, record, p~ess. or rep(}rt financia.1data reliably in accordance willi generally
accepted accounting"principles such lliatthere' is more thana remote likelihood,iliat a misS1f\tement ofilie entity's
financial statements that 'is 'more ,tliin ,inconsequeiltial will not be pre.yentedor.detectedbytheenli!j>'s intemlll
COTltrols: .
, The Auditing StBndards'13oard issue9SAS'No:71l2, COlnm,unicatinglntemal Control Relatea Mailers Identified
in an Audit"effec,tive for~udits offif)"!,,cial Sll\19ments Jorperiodsending o!lorafter December, 15, 2006. This
statement requires auditors to evaluate identifiedcontrordefieicnci~ and detertilinewhetber those deficiencies,
In(div'idua]ly"of'in,c~nlbl~~ion~~re sigh i ficttnt d~cfenci~.;'~r'm3tCri-aJ~WeakneSses~- .arid if-s({~ommunicate -them in' '
Writing to those~chargedWith govemJu,ce.' '
SA$No. 'u2!!p.;dificallyidentifies~llfe'" commQ~'controldeficiencieswhichmiJstbe addressed in ench auditto'
determine ifasignifieant deficiency exists, and'bascd'onour~ evaluation we have identified'significantdeficiencies
i9 ilie designoi"implementationofintemal,contrOls, whidhare noted below.
, .
, ,
, ,., .,
'.' .... .... ...',....-,'., (............'. ",' .............." .... .. -........
We consider't1l'efol lo",ing ,deficienciesto"besignificant deficIencies'in.intemaleontrol:. ,
, ,--', '".',,' .. .... -,
. .
, .
. .. -
. .. ",'...
1)tere were no new signifi~nt defic,i~ncies during the 2008-09 audit. The following are our'recommendationS for.'
lhe~reviouSYllar' T:h,e ,,*rnl11ents~repeatedfr9in our '9port tom~:igell)ent for,the YllaJ>9nded JUne ~O, 2008,
foiperspectivc." " " " ., ~. ~
,
~0____ -...."
:i:-:.::.:::...:::_d
1. We noted that the Commission doesnotha~e a.writtcn internal control policies and procedures document.
In applying SAS 112 we believe that the Commission should adopt fonnal policies/procedures for all
accounting areas, espeeially.as it pertains,to internal controls and the identification of key controls. Our audit
did not unCover. Significant deficiencies pertaining to these areas other than the item noted below, however the
poli~ie~pro",,,,ur,,, in,,Plaee ,,!fro not in, ~riting. Werecommen~,ata minimu,llJ,that the following art;lls be
addressed (thiS constitutes a partial list; other areas of internal control should be addressed):
o Computefsecurity ,mdwho should'hasacces~ to'passwordsand how often passwords are, changed.
0, Controlsover expenditures to ensure that there are no fraudulent checks or checks written in error cWho
tracks iliecheck sequence, who reviews the ClI!lceled checks back from the bank, who has custody of
checks,ag4whoisauth~rizedtoapprovedi~bursements?' ",
o Derailed explanation' of the <:ontrolSover casIlaccounts; inchidinilhOw many people it trikes to
openlc!osean accollnt,conirols <>vet wire tmnsfers, and revieW ofliank reconciliations. .
o Coatrols over cash receipting - How do, you ensure that receipts are always' given, an'd that all receipts
arerecordedinthe gene!lllledger.'!"Iowoftenm:edeposilslllkegtoiliebllllK.' " " '.
o What inlemal'~(>iltrolsand"moni!Oring is'usedfo,rrevie(.,ingnnd ensuring that the ,fwancial statements
are accurate and are inconfonnance.with,GAAP.(the control procedure here would be sending staff to
traini~g on new pronouncements, etc.). .
o Any intemala.l1ditfu~ctions, antifr3ud progra.ms,etc.
o Monitoringof.intel1l~l,controlsbimallagementand the govemingbOiIy,to ensure, thai controls a.Je
funclioning propcrlyarid a.re evaluated when sysiems, the envirorunent, and employ.eschange.
o Other areas that could be discussed - capital asset accounting, employee dishonesty insura.nce, physical
securityofdocumenti,payroll processingltimeshects; andan'yother applicable financial areas. '
o Because ofa limited,number of ~yailablepersollnel, it is nOl;.lways.p<)ssible to ade9uately segregate
certain .ineompatible duties so thanio one employee has access to, bOlh,physical"assets and the relaled
accountin'g records' or to all phases of a t~nsaction., 'ConsequeJ1tly, the possibility exists .that
unintentional 'or intentional errors or irregularities' could exist and :not'be promptly detected. We
recommend, that thec;ommission ~,ddress theirsegreSlltioh of duties ~ssue in their internaL control
p<)lici", aridprocedur.,s.
Su;rus: During Fr2008-2009 City Finance staff qevelopedaniniernal controls'document ihat oU/lined the
conlTols in place including.those incori-rated withiri other eS/{l~lished policy, operatiOns and procedures
'doCltlnents. The,,~oc""}e.nJs'fJ!!d the,pr,!ciss"of revisin~or ."f!dating,other,refer.enced(s'foordinate) doculrJents
were apprOVed bY, the Com"n;issionin JIine, 2009..Theintent is to review, revj~e and/or update each element
when significanL~hanges (lre mad,e, with'all.elemerits .receiving or/east a depOT/mental review every three
years.
.. ,., ..' . .':',,' ....
-'.._ ',n,.. .'.. .. ",._ _ ".. .......... .... .. ..,," . .. .",',, ..
2. The Commission~s Reew1lTC software is not i(1tegrated iritoiliegeneralledgir: Good segregation of duties
would require tliatthe Comlt,1Ission post.n of their activity into the general,ledger themselves, and ilien have
the City's finaticeslaffreconcile ilie accounts. We recOmmend ilialthe ReewaFesystem be integrated into ilie
EdenGLsystem,."WeaIS6,,,oted iliatmlliluaLadjus!n1ents to tlle,~ecwaresys!enl were.nill reviewed on a
periodic basis GOod segregation of duti.srequiresiliatat least two employees,review theSe manual changes.
We recommend,that on aperiodic basis.the manualjoun;allog beprinted'outandsigned off and reviewed by
two of Parks employees; . .
, 'I ~ .. ':'_>,";:.'; .
SiatUs: Slaffqg,.e/swith'ilreA~ditor'stlssessmen!.Rrio.,. attempts ,/0 iritegr(;,.te. w~re 116tikcessjui. Since
that time Recwarehosbeen sold to a competitor andimprovementshave been made.
~. -._- ". . .. . .; . ..',:- - ...- .... .. .. '... . .
3,.Thl' City i'I)~J;the Par~;.R~d to JOrt!talize, ilieirIgtergovl'l1JI'?l'ntal Agreement for a~llOting sen;iees.
There isn\li;!\ll1J1a\ agrel'~ent betwee!ltge two. organiZlltio!ls;;J!ll.d tliiscou!~ l,ead to a 'miscommunication
between the parties f~r\'(hois responsible for sp'Wif.c financial. tasks: " ,
StatUs: Slaffwo,rh,d anan,i(!temal agreement, me!1lorandum o,l(Jllderstan;Jing, which is scheduled to be
addr;essedby1!ar~ amI tlie,;<:;iry; ospdrt;of the up~ql1J.ing budg~f.prePf1rati,!(!discllssion:rlor FY 2009"10-
,2011. The agrel'ment will be 'adopted priorto.June 30; 201 0, clearing this ~omment.
'. .. -<.- - -..-.-. .~ '.
----.-.'- -.'''-"""""
A m~terial weakness is asignificantdeficieilcy, 9r a combination olfsignificantdeficiencies, that results in more
thana remotelikelillocd that a material misstrite~,ent of the financial statements will ~ot be prevented or'detected
by ilie entity's, internal control. We did not.identify any, significant deficiencies that are considered to be malerial
weaknesses.,' ' , , , ", ' , ,
OTIrER MATTERS'
o In 'reviewing your investment practices we notediliat. the ]>arKs (through the City) has investments with
,the LocaIG,?vell101ent. lnvestme'!t PooloAccorili'!glo theOfflceoflhe State Tryeasurer,thePool is not
managed as astable net asset 'value and as such the preservation'of principalis not assured by ilie
Treasury. 'fh<;, CitylParksalso uses oilier finanCial instrumen!ssuch, as CD's and US" Government
Securities. ' As ilie safety of,public funds. iSI~epiip,Jary, respcnlsi"ilityof every publicinvestinent officer,
we fecommendlhat. you continually monitor ande~aluatetheriSks versus rewards of your investmentS:
In addition we reconUnend thaI yourinvestmen!sand investment str~legies are periodically reviewed 'by a
group of knowledgeable individuals..to assess ihvestmem penonnance;risk, ,compliance, ,and to ensure
policie!;aiidprllctii:esareuJll!atedasrtec~ssary. " ,
)', ..... :.' ......, ' .. "
o We noted that. ilit,Parks usesvariousiliird particsto process accounting infonnation,such as PinilaCie,
and Jackson Coullty.One area of emphasis in;, ilie 'pa.stfew years of new accountingayd auditing
standards, has.becl'lagreatCJ',~.'1'phasiS .on docyme~ting and impl~mentingstrongCJ',intemal ,controls. Que
tothis'emphasisthe Parks should obtain some assurances ftOm'lhiril pllities iliat ilieir intemalcontrol and
syslems,produce accurate arid reliable information, We reeOmmend tllat ilie Parks request one or more of
the fOl!oWing froill ,these iliirdparties:a SAS 70 service' auditors report, their a)'diled financial report, the
'm~nageivent letter, a copy ?f,the 'internal,control'documents;and 'a' eopy;()f their aC,counting,prOCedures,
, '
Fl.iTURE ACCOUNTlNGAND AUnITING .ISSUES;
lri ofd~r;okeep~6\1'aWiire'of ne~audilirig:~daras.issuedW the Am,eric~ Instilute bf ,Certified ,Public
Accountantsarid;accountillg statementS'issucd by the ,Governmental Accounting StJllldards Board (GASB), we
,haveprepare~th~follo"1ngsummaryo.fihe m,oresignifi~t ui()'."~g issues: ' ' ,
" ....J...:.." ',. . <;.......;..:\.
GASB'StaterneriFNo.5l
TheGASB recentlyjssu~S\at~ment N().,5I, ^ccountinRand FinaricialReporti!'g for Intangible Assets,
" in' order, to.establ.i;;ha\'Counling andc,firrincialreportingreguiremer~ for" iYlallgible "'i~ets to, reduce
inco~isteneies ir t1Je areas of recognition, iniiial measurement, and'amortization of intangible. assets,
thereby enhancing lhe corripafability of the accom:lting and financial reporting of such assets among state
. and lOcal' govellll11ents. Th~ requirements of thit Statement are ,effecth'e for l1nanciaL~latemenls for
periOdsbfrginningafterJyne.15,.2009 ' . . , .
GASBStalement,No. 54 ,
',,", " .. .............:... .. ..... .. ....:n:." .... " ,,':..:_.. '.... .:.>>' .,' ..: ..".. .",..:..,'".. ",.... ,", .,', .. _.' _':', .... ':, .. :__ .. ,,',...,'
The OASBrecently issuedrStillemel)!lNo. '54; Fund Balance Reporting and GovemmentJil Fund Type
Definitio!,s, in order to enhance the ~sefulness of fund balance information by providing clearer fund
balaricE,: classifications'ili~teaJ1 be mOJeconsistC~dy applied8l)d byclllTifying,ilie existing governmental
. . fun~,~defin!tigns; Thc"l<lllir~m,el\l!'.<.>fthi~ $tatemenllll'<;.effectivefor.financii!lslatementsfor P~riods
" beginning aflerJuDe 15, 2010. .'.' .,.'. ' ' ; . ,,' ' " .
This communication is. intended solely for thei~formation and use of management, ilie Coinmission, the Council,
and,'others witIJin the ()rg\ll1iiation;r.and is notrintended,torbeand'sh()uldnotr6e used by anyone olIler.than these
specified parties, .
rAlJLY;ROGERS AND C;O., P.C.
CITY OF ASHLAND
ASHLAND, OREGON
2008-2009
MANAGEMENT REPORT
rrFrJ@
PAULY, ROGERS AND CO., P.C.
CERTIFIED PUBLIC ACCOUNTANTS
12700 SW 72ND AVENUE' TIGARO. OREGON 97223
. (503) 620-2632 . FAX (503) 684-7523
October 28, 2009
City of Ashland
City Council and Audil Committce
In planning and perfonning our audit of the financial stalements of Cily of Ashland as of and for the year ended
June 30, 2009, in accordance with auditing standards generally accepted in the United Slates of America, we
considered City of Ashland's internal control over fin~nciill reporting (internal controls) as a basis for designing
our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the
purposc of expressing an opinion on thc etTectivcncss of the City's internal controls. Accordingly. we do not
express an opinion on thc effectiveness ofthcCity's internal 'controls,
Our consideration of inteOlal controls was for the limited purpose described in the prcceding paragraph and would
not neccsS3rily identify all deficiencies in internal controls that might be significant deficiencies or material
weaknesses. In addition, because of inherent limitations in internal controls, including the possibility of
managemenl override of controls, misstalements due to error or fraud may occur and not be detected by such
controls. However, as discussed below, we identified certain dcfic~cncies in intcmal controls that we consider to
be signific.1lll de,ficiencies.
A control defieicncy exists when the design or operation of II control docs not allow management or employees, in
the normal eourse of perfonning their assigned functions, to prevent or detect misstatements on a timcly basis. A
significant deficiency is a control deliciency, or a combination of control deficiencies, that adversely affccts the
emity's ability to initiatc;,authorizc,~ccord, process, or report IinaJicial datnreliably in accordance with generally
accepted 3ccounting principles such that there is more than a remole likelihood that a misstatement of the entity's
financial s~1tements that is more than inconsequcntial will not be prevented or detected by the entily's inlcrnal
controls.
The Auditing Standards Board issued SAS No. 112, Communicating lll/allal COII/rol Re/(l/ed Mallcrs Idell/ified
in WI Audit, effective for audits of financial stlltemcntsfor periods ending on or after December 15, 2006, This
stalement requires auditnrs 10 evaluate idenlified control deficiencies and dctcOllinewhcther those deficiencies,
individually or in combination, are significant deficiencies or material weaknesses, and if so communicate them in
writingto those charged with governance.
SAS No. 112 specifically identifies a few commOn control deficiencies which must be addressed in each IIuditto
delenlline if a significant defieieney exists. and based on our evaluation we have identified significant deficiencies
in the design or implementation of internal controls, which are noted below.
We consider the following deficiencies to be signilicant deficiencies in in.lernal control:
There were no new significant deficiencies during the 2008..Q9 audit. The follnwing are our
recommendations for the previous year. The comments are repeated fr0111 our report to management
for Ule year ended June 30, 2008, for perspective.
I. We noted thai the Cily does not have n written internal control policies and procedures documen!.
In applying SAS tl2 we believe that the City should adopt formnl policies/procedures for all
3ccouIlting areas, especially as il pertains to intern::!) controls and the identification of key controls.
Our imtlit did not uncover significant deficiencies pertaining to these arcas other than the items
noted below, however the policics/procedures in place flrc not in \-"riling. \;Vc recommend at 1.1
minimum that the following areas be addressed (this constitutes a partial list, othcr areas of internal
control should be addressed):
o Controls over cxpenditures to ensure that thcre are nO lraudulent checks or checks written in error-
Who tracks the check sequcncc, who reviews Ihe e,ulceled checks back from thc bank, who has
custody of checks, and who is authorizcd to approve disburscments?
o Detaited explanation of the controls over cash accounts, including how many people it take; to
open/close an account, controls over wire transfers, and review of bank r<.'Conciliations.
o Controls over cash receipting - How do you ensure thai rcecipts are always giveu, and that all
receipts arc recorded in the generaltedger. How often are deposits taken tn the bank.
o \\'hat internal controls and monitoring is used for reviewing and ensuring that the financial
statements arc accurate and arc in conformance with GAAP (the control procedure here would be
sending staff 10 training on new pronouncements, ctc.)
o Any internal audit lunctions, antifraud programs, etc.
o Monitoring of internal controls by management and the governing body to ensure that controls arc
funclioning properly and ure evaluated when systems, the,en\'ironment, and employees change.
o Other areas that could be discussed - capital asset accounting, employee dishonesty insurance,
physical security ofdocllments,payroll proccssingllimesheet's, IInd 1mY olher applicable financial
arcns.
o Because of a limited number of available personnel, it is not alwuys possible to adequately
segregate certain incompatible duties sn that no onc employee has access to both physical assets
llnd the related llecounting records or to all phases of.a ,transIlction, COl1seqtlently, the possibility
exists that unimentional or intentional errors or irregularities could exist and not be promptly
detected, We recommend that the City address their segregalion of duties issue in their inten131
control policies and procedures.
Status: During FY 2008-2009 Fil/l1llce staff developed an il1temal c011fTOls document that outlined the
'controls in place .including those incorporaied within other established policy. opera/ions and
procedures documellls. The documents and the process of revising or updating other referenced
(subordil1ale)docllmel1/s were appr()ved by, Council ill A~ay. 2009. The in/enl is to r(~lliew, revise
and/or update each element when signiflcanlChlJ'llges are made with all elements receiving al1ea.tt a
departmenla! review every three years.
2. We noted thai the Information Technology (IT) depm-tment does not have a cohesive written
intcmal control document that details out their internal ~ontrols over lhcirinternally developed
utility billing system. We also noted that there was no cohesive written internal control documcnt
that details thc general cOl1lrols over all computers al1dsystems City-wide. We recommend that the
City develop writtenil1ternal control procedures for these areas. We also recommend that thaI IT
depllrtment hllve 1111 e'xternal ..cview of the processes and eont~ols from an outside entity.
Stows: IT has delle/oped a comprehensive policy 0/1 pm's word proteclioll and it is currently going
through an Adminislratil1e Review since violations of the adopted policy ,will have all element of .
disciplinary action included. V,e finol ver,iioll will be all odopted City Admillistra/ive policy in FI'
2009-2010.
3, We noted th,t the Community Development accounts receivable dctail contained many items which
were eilher extremely old or items thaI havc already been paid. We recolllmend that the
Community Deve,lopmcnt Depmtmcnl reconcile and review 1heir listing of occou.nts receivable and
cithcr write the receivable off bccause the ilcm has been paid or follow up with the customer to
obtain paymcnt.
Stalus: During FY ]()()8-1009 this receil'abh, has heen reconciled and all differences resolved
providing accurate balances in The City's general Le({r;er.
A material weakness is n significant deficiency, or a combination of significant dcficicIlCics1 that results in more
than a remote likelihood thaI a material misslatemcnt of the finaneial stntcments will not be prcvented Or detected
by the entity's internal control. We did not identify any significant deficiencies that are considered to 00 material
weaknesses.
OTUER MA'I-rERS
o In reviewing your investment practices we noted that the City has invcstments with the Local
Govemmcnt Investment Pool. According to Ihe Ofticc of the State Treasurer, the Pool is not managed as
, stable net assct valuc aud as such the pre.servution of principal is not assured by the Treasury, The City
ulso uses other financial instruments such as CD's, and US Government Securities. As the safety of
puhlic funds is the primary responsibililV of every public invcslment officer, we recommend that you
continually, monitor' and evaluate 'the ~isks versus rc\vtlrds of your inveSll~lents. In addilion we
recommend th;il yourinvestment$ and investment strategies are periodically reviewed by a group of
knowledgeuble individuals to asscss invcstment pcrformance. risk, compliance, and to ensure policies and
practices are updated as necessary.
o We notcd thai the City uses various third pa,rties to process accounting inlonllation, such as Pinnacle, the
Cily of Springfield, and Jackson County, One area of emphasis in the past fcw years of new accounting
and auditing standards has been a greater emphasis on documenting and implementing stroriger imernal
controls.Duc to this' emphusis the City should obtain someassunlllccs from third parties that their
inteOlal control and systems pr(j(juce accurate and reliable inlornlation. We recommend that tile City
request one or more of the folJ,owing frOl~ _these third parties: __3 $AS 70 service auditors rcpo~ their
audited financial report, the managcmcutlcllcr, a copy of the inteOlal control documents, and a copy of
thcir accounting proceduTCs. .
FUTURE ACCOUNTING ANI) AUIlITING ISSUES:
In ordcr to kcep you uware of new auditing standards issucd by. the Americau Insti'ute orCcrtilied Pilblic
Accountants and accounting stat~mentsjssued b),i- the Governmental Accounting Standards Board (GASB), we
have prepared the following summa')' of the more significant upcoming issues:
GASH Statcmeut No, 51
The GASH rccently issucd Statement No. 51, Accounting and Financial Reponing forlntaugiblc Assets,
in order 10 cstablish accounting und financial reponing requirements for intangible assets to reducc
inconsistencies in the 'areas of recognition, initial measlIrcmcnti_arid amortization ofintangibJe assets,
thereby enhancing the comp:)(ahility of the account ingand financi,,1 reponing of such assets among state
und'local goveOlments. Thc requirements of this Stritement are effective for financial statements for
periods beginning after June .15, 2009
GASB Statement No. 54
The GASIl recenlly issued Statement No, 54, Fund Ilaillllce Reporting and Governmental Fund Type
Definitions, in ordcr to enhance the usefulness of fund balance information by providing clearer fLlnd
balance classifications that can be more consistently applied and by clarifying the existing governmental
fund type definitions. -nlC requiremenls of this Sllltement are effective for financial statemcnts for periods
beginning after June 15.2010.
This communication is intcnded solely for the infonllation and use of management, the Council, and others within
the organization, and is not intended to be and should not be used by anyone other than these specified parties.
I'AULY, ROGERS AND CO., P.C.
AUDIT COMMITIEE MEETING
NOVEMBER 6, 2009 PAGE I of4
Audit Committee
Draft Minutes
November 6, 2009 1 :OOpm
Council Chambers
1175 East Main Street
Call to Order
The Audit Committee meeting was called to order at 1 :15,
Roll Call
Committee members Nutter, Silbiger, Christensen and Everson were present. Stebbins was absent.
STAFF PRESENT:
MARTHA BENNETT, CITY ADMINISTRATOR
LEE TUNEBERG, ADMINISTRATIVE SERVICES AND FINANCE DIRECTOR
CINDY HANKS, FINANCE DIVISION MANAGER/ ACCOUNTING DIVISION
DON ROBERTSON, PARKS DIRECTOR
MELISSA HUHTALA, ADMINISTRATIVE SECRETARY
Mr. Tuneberg discussed the election of a Chair and gave an overview of what would be discussed,
EversonlSilbiger ms Guy Nutter as Chair. All Ayes.
Approval of Minutes
Audit Committee Minutes of October 29, 2008
Everson identified misspelling of her name on page.
Everson/Nutter ms to approve minutes as submitted. All Ayes.
Presentation bv the Auditors
Kenny Allen presented to the Committee the Audit report (see attached). Mr. Allen stated that there
were no new significant deficiencies during the audit. There were no difficulties encountered in
performing the audit, no uncorrected misstatements, and no disagreements with management. Mr.
Allen thanked the staff for their assistance. Kenny discussed how there are FDIC and collateral rule
changes each year.
Banks are looking at increasing the percentage involving collateral. Mrs. Christensen stated that the
banks will continue to increase collateral percentage as the years continue.
AUDIT COMMITTEE MEETING
NOVEMBER 6, 2009 PAGE 2 of 4
Parks Mana!'lement Letter:
Mr. Allen presented the Management Report for Ashland Parks and Recreation. He suggested that
City and Parks formalize their intergovernmental agreement for accounting services.
Mr. Allen discussed other matters, He stated that over the last year or two there is more risk for
investments. Since it"is a difficult time to be in investments, investments should be looked at more
carefully.
Mr. Allen discussed Local Government Investment Pool. The Pool is an investment even though it is
treated as a depository. Ms. Christensen stated that the money is not all in the pool about 44% of the
City's portfolio is in a Pool. She stated that the portfolio was recently updated, which includes changes
in the banking industry.
Mr. Allen discussed page 43 regarding future earnings. He stated that each year the City looks at the
investment pool and figures what the value of each share would be. The Committee questioned how
the City would be affected if the pool were to see a large amount of investors leaving. Mr. Allen
answered that the loss would be heavier for the City. If all investors leave then the State takes the loss.
Mr. Allen discussed Future Accounting and Auditing Issues: GASB 51 and GASB 54 (see attached).
He stated that there is more detail of what reservations and requirements are.
The Committee questioned whether item number three (see attached) in the Parks and Recreation
Management letter continues forward as an exception. Mr. Allen answered yes.
The Committee questioned who is in charge of investment policy for the City. Ms. Christensen
answered she is who is in charge.
City ManaQement Letter:
Mr. Allen went over the City Management Letter and stated that there were no new deficiencies in the
FY 2008-09 audit. Mr. Allen stated the recommendations that were repeated from the report to
management for the year ended June 30, 2008 (see attached).
Mr. Allen discussed investments and third parties, The Committee questioned seize and desist orders
and if it is addressed in investment policy. Ms. Christensen answered that the CIty is only allowed in
certain securities and certain banks, for example collateralization, She also stated that not just small
local banks get seize and desist orders,
Mr. Tuneberg thanked Cindy Hanks and the Accounting group for all their hard work throughout the
year. Due to the hard work the audit was done quicker then prior years. Mr. Tuneberg also thanked
Melissa Huhtala for putting the CAFR/CUFR documents into new software.
Mr. Tuneberg thanked elected officials for their work and support, Mr. Tuneberg stated that not all
agencies do the Audit to the level that the City of Ashland does, He thanked the auditors for their work,
Mr. Tuneberg discussed the CAFR and CUFR replacement pages and stated that there may be more
corrections until the final books go to the printer. Mr. Tuneberg stated that both reports have clean
audit opinion which can be found on page three for the City and page one for Parks,
AUDIT COMMITTEE MEETING
NOVEMBER 6, 2009 PAGE 3 of4
Mr. Tuneberg discussed historical information, He stated that the City has gone through several years
of decreases in fund balances, but in this last budgetary year the City has tightened belts and has
scene improvements in the ending fund balance,
Committee Discussion:
The Committee questioned page 45 in receivables, The Committee questioned why this year's
receivables are higher then last years and noticed that Hotel Receivables were not mentioned last year
but were this year. Ms, Hanks responded that last year there was a minimum report required by GAP,
but recommended more disclosure for this year.
The Committee questioned how long write offs are in the books before determined not collectable bad
debt. Mr, Tuneberg answered that each write off has a different schedule,
The Committee questioned whether staff goes to Council to make sure the write offs are within the
timeline of debt collected. Mr. Tuneberg answered no, but if there was a prevalent issue then the write
off would be taken to Council.
The Committee questioned why the CPI had a decrease in the time frame that says to make the
comparison (page 57). Ms. Bennett stated that a specialty use permit for the Forest Service has a cap
of $200,000. The Committee suggested this information to be disclosed,
The Committee questioned where the value of Ashland Community Hospital is reflected. Mr. Tuneberg
answered that the original values of the structure is reflected on page 100. Mr. Tuneberg stated that
assets stated on page 100 are secure.
The Committee questioned what the interfund loan reflects on page 89. Ms. Bennett answered that it
was the purchase of the Clay Street property. It is a loan from the City to the City, meaning the City
owns the land and the City got a loan to purchase the land. Since the Food and Beverage Tax has
been renewed Parks now has a revenue stream. The first $625,000 will go to pay the loan.
Public Input-
None
SiQninQ the Annual Letter-
Mr. Tuneberg asked if there were any issues that would prevent the Committee from accepting the
report and signing the annual letter allowing the comprehensive annual financial report to Council.
Everson/Silbiger ms that the Committee signs the annual letter accepting the City's audit and financial
report. All ayes.
The letter was submitted for the Committee members to sign,
\
AUDIT COMMITTEE MEETING
NOVEMBER 6, 2009 PAGE 4 of 4
Review of Audit Contract
Mr. Tuneberg discussed the Audit contract renewal. He stated that Fiscal Year 2009-10 is the third
year of a three year contract with Pauly, Rogers and Co., PC. There is a possibility of two, one year
extensions of the contract. Lee discussed the options of extending the contract with Pauly, Rogers and
Co, or to go out and bid for a new auditor. He stated that three years ago Pauly, Rogers and Co. was
the only one to bid now there are more options.
The Committee stated that it is recommended to bid. Ms. Christensen stated that she is happy with
auditors and supports extending the contract another year.
The Committee questioned staff as to whether or not they would prefer to bid or extend the contract.
Cindy Hanks stated she would prefer to extend the contract.
The Committee staled that it is a good idea to extend the contract as it may be difficult to switch.
The Committee stated that by going out to bid may cause the price to go up a big chunk. The
Committee also stated that five years is usually the longest a contract should go.
After hearing the Committee's comments Mr. Tuneberg stated that it sounded as though the group is
okay with extending the contract with Pauly, Rogers and Co.
Everson/Nutter ms to extend the contract with Pauly, Rogers and Co. All Ayes.
Mr. Tuneberg stated a quote from Kenny Allen. Due to the Audit being done in such a successful
manner the price for audit will be reduced for next year. Mr. Tuneberg stated that the audit was
successful because of staffs hard work and dedication. The book was written entirely by staff and is
electronic format, therefore making it much easier for the auditors.
One difficult thing during this years audit was the actuarial study. Mr. Tuneberg stated that four or five
years ago there were more problems and since then staff has been correcting those issues. Staff has
been working on internal controls, cross training, documenting and thinking about audit all year round
which brings the City a successful audit!
Mr. Tuneberg suggested the Committee getting together again in March to layout all information and
talk about new requirements to plan for the audit. By March there will be an informal update on
comments that the auditor made on internal controls,
Adiournment
The meeting was adjourned at 2:50 p.m.
Respectfully Submitted,
Melissa Huhtala
Administrative Secretary
Administrative Services Department
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Continuation of Second Reading of Ordinances Adopting'
Chapter 18.63 Water Resource Protection Zones and
Related Ordinance and Ashland Comprehensive Plan Amendments
to December 15, 2009
December 1,2009 Primary Staff Contact:
Community Development E-Mail:
None Secondary Contact:
Martha Bennett Estimated Time:
Bill Molnar
molnarbliilashland.or. us
Maria Harris
15 minutes
Question:
Will Council continue second reading of ordinances amending the Ashland Land Use Ordinance
(ALUO) to include Chapter 18.63 Water Resource Protection Zones and make related amendments of
the ALUO and Comprehensive Plan regarding the protection of wetlands, streams and riparian
corridors to December 15, 2009 to allow staff to complete findings? Will Council also review the
language proposed to address issues that came up during deliberation on November 17, 2009?
Staff Recommendation:
Staff recommends continuing the second reading of the ordinances adopting Chapter 18.63 Water
Resource Protection Zones and related ordinance and Ashland Comprehensive Plan amendments to
December 15, 2009 to allow staff to complete the written findings. Staff also requests Council
direction on the revisions designed to address issues that came up during deliberation.
Background:
Potential Revisions to Chapter 18.63
At the November 17 meeting, the City Council approved first reading of the attached ordinances
amending the Ashland Land Use Ordinance (ALUO) to include Chapter 18.63 Water Resource
Protection Zones and make related amendments of the ALUO and Comprehensive Plan regarding the
protection of wetlands, streams and riparian corridors, The Council raised several issues during the
discussion and directed staff to bring back potential revisions to address those items. The potential
revisions to Chapter 18.63 follow, with additions underlined and deletions in strikeout.
. Exempting the Replacement of Non-residential Nonconforming Structures, 18.63.060.3.d
and 18.63.070.3.d
Exempt Activities and Uses 18.63.060.3:
d. Replacement of Nonconforming Structures in Non-Residential Zoning Districts aRd WitlliR
Historic Districts. Nonconforming structures within or partially within a Water Resource Protection
Zone; and located in a non-residential zoning district amI witlliR a Historic District may be replaced or
rebuilt if the existing b~i1diR!l footprint of the structure within the Water Resource Protection Zone is
not changed in size or shape and additional surface area in the Water Resource Protection Zone is not
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disturbed. Repair and reconstruction of a nonconforming structure under this section shall be in
accordance with the requirements of the Flood Damage Prevention Regulations Chapter 15.10.
Limited Activities and Uses 18.63.070.3.:
d, Replacement of Nonconforming Accessory Structures in Residential ZoninQ Districts-aOO
Replacement of Nonconforming Structures in Non Residential Zoning OiEtricts and Outside
I-listoric Districts. Replacement of nonconforming accessory structures located in residential zoninQ
districts when the replacement structure is located within or partially within the original building
footprint of the structure, except those nonconforming principal buildings exempted in seclion
18.63.060.1'..3, and provided replacement does not disturb additional surface area within the Water
Resource Protection Zone,
Discussion:
The above revisions would expand the exemptions to allow replacement of nonconforming
non-residential buitdings in place prior to adoption of Chapter 18.63 to include structures
throughout the entire city, rather than timiting the replacement of nonconforming
nonresidential structures to the downtown and Water Street. In turn, the requirement to obtain
a planning approval for a Limited Activities and Uses to replace a nonconforming
nonresidential buitding outside of downtown and Water Street would be deleted. The final
revision is a change in "building footprint" to "footprint of the structure" for clarity,
The impact of the above revisions would be to allow existing nonconforming structures in
commercial and employment areas throughout the city to be replaced in the location which
does not satisfy the stream bank protection zone requirements of Chapter 18.63. The previous
ordinance language limited the exemption for replacement of nonconforming nonresidential
structures to the historic commercial areas along Ashland Creek, while the above revision
would expand the exemption to the areas along Mountain Creek (employment zone between
the railroad tracks and Hersey Street), Hamilton Creek (Tolman Creek Shopping Center
containing Albertsons and Rite-Aid) and Knoll Creek (Washington Street and Jefferson
Avenue area).
When the Planning Commission began their review of the Chapter 18.63, the original draft
required a land use approvat for Limited Activities and Uses to replace all nonconforming
structures. During their work on the ordinance, oral and written testimony WaS received from
property owners in the downtown and on Water Street expressing their concern about the
ability to replace the structures along Ashland Creek in the downtown and on Water Street.
At this point, the exemption was added for non-residential buildings in the downtown and on
Water Street in recognition that the historic structures are a resource to the community in
terms of the historic character and National Register Historic Districts, as well as to the local
economy.
· Replacement of Public Parking Lots as a Limited Activity and Use, 18.63.070.8
3. Public Facility PavinQ and Reconstruction - PavinQ and reconstruction of public parkinQ areas
and walkwavs if additional surface area in the Stream Bank Protection Zone is not disturbed, the
public facilities are deemed necessary to maintain a functional system and upon findinQ that no
other reasonable alternate location outside the Water Resource Protection Zone exits.
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Discussion:
The above revision would add the replacement of public parking areas and walkways as a
Limited Activity and Use. As a result, a land use approval for Limited Activities and Uses
would be required to replace a public parking lot located in a stream bank protection zone.
This is the same level of review required by Chapter 18.63 for the replacement of public and
private streets and driveways with significant disturbance outside of the street right-of-way or
easement. The addition of the public parking lot replacement as a Limited Activity and Use
recognizes the value of the facilities in the overall transportation system, while the review
process allows an evaluation of the encroachment in the stream bank protection zone and
identification of opportunities to lessen impacts through restoration and environmentally
sensitive construction techniques (e.g, porous pavement).
. Fence Materials, 18.63.060.B.3 and 18.63.060.C.2
3. Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not includinQ wire mesh or chain link fencinQ, may be installed in the upland half of
the riparian buffer furthest away from the stream, Solid wood fencing is prohibited in Water Resource
Protection Zones. Fencing in a designated floodplain shall conform to the requirements of section
18.62.070K
2, Fences - Fences limited to open wire, electric or similar fence that will not collect debris or obstruct
flood waters, but not includinQ wire mesh or chain link fencinQ, may be installed in the wetland
buffer. Solid wood fencing is prohibited in Water Resource Protection Zones, Fencing in a designated
floodplain shall conform to the requirements of section 18,62,070.K.
Discussion:
The above revisions prohibit the use of wire mesh or chain link fencing in the water resource
protection zones. Similar language has been in Chapter 18.62 since the early 1990's, and it
was inadvertently deleted in Chapter 18.63.
The revisions listed above will be made to Chapter 18,63 if directed by Council, and brought back
along with the ordinances included in the amendment package for the second reading on December 15,
2009, Additionally, the written findings for the decision will be prepared for Council review and
approval for the December 15 meeting.
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter 18.72 Physical and Environmental Constraints, ALUO
Chapter 18.88 Perfonnance Standards Option, ALUO
Chapter 18.72 Site Design and Use Standards, ALUO
Section 18,108.170, ALUO
Council Options:
The Council may approve, approve with modifications, or deny the potential revisions to Chapter
18.63 prior to second reading.
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Potential Motions:
I. Move to approve the potential revisions included in the December I, 2009 Council
Communication, and continue the second reading of the ordinances adopting Chapter 18.63 Water
Resource Protection Zones and related ordinance and Ashland Comprehensive Plan amendments to
December 15, 2009.
2. Move to approve the potential revisions included in the December I, 2009 Council Communication
with modifications as noted after each section, and continue the second reading of the ordinances
adopting Chapter 18.63 Water Resource Protection Zones and related ordinance and Ashland
Comprehensive Plan amendments to December 15, 2009.
3. Move to deny the potential revisions included in the December I, 2009 Council Communication,
and continue the second reading of the ordinances adopting Chapter 18.63 Water Resource
Protection Zones and related ordinance and Ashland Comprehensive Plan amendments to
December 15, 2009.
Attachments:
None
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Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
2010 Goal Setting Session
December I, 2009 Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Benn Estimated Time:
Martha Bennett
bennettm@ashland.or.us
10 minutes
Question:
What direction does the City Council have related to City Council Goal Setting for 20 I O?
Staff Recommendation:
Staffrecommends that Council provide direction on the questions raised below
Background:
The City Council held its last goal setting session in April 2009. Council adopted the goals developed
in that session in June, and directed staffto plan on a goal setting session prior to the beginning of the
budget process for FY 2010-2011. A copy of the goals adopted by Council is attached to this memo,
In addition, the City received extensive input from the public this summer, and Council received a
copy of this input as part of your October 5, 2009 Study Session Packet.
Staff has done a preliminary poll of the City Council, and it looks like January 23,2010 is the best date
for the session, As a reminder, Council Goal Setting is a meeting of the Council that is open to the
public, In preparation for this discussion, staffrequests clarification from Council on the following
items:
o Do you wish to hold the goal setting session in Parks & Recreation Department offices in Lithia
Park again? Ifnot, would you prefer the Siskiyou Room, the Council Chambers, or some other
facility in Ashland?
o Would you like to have a facilitator? If you want all members of the group to participate, a
facilitator can help, If the focus of the session is primarily updating the work done last April, it's
possible that the Mayor or I could facilitate the session. If you do want a facilitator, do you want to
use Steve Bryant again or would you like someone else?
o How would the Council like to invite Board, Committee, and Commission input?
o How would the Council like to involve the City Recorder, City Attorney, or Department Directors?
o What are the next steps in planning, and who will be involved?
o What does the City Council think of the topics on the attached draft agenda as a starting point for
discussion on the substance of the retreat??
Attachments:
. November 3, 2009 Report on City Council goals.
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8:15 a.m.
8:30 a.m.
8:45 a.m.
Noon
I:OOp.m.
3:00 p.m.
4:00 p.m.
4:30 p,m.
CITY OF
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FIRST DRAFT AGENDA
2010 City Council Goal Setting Session
January 23,2010
Location TBD within City of Ashland
Get coffee, Get Ready
Check in with Values and Vision Statements (Depends on whether documents are
reviewed by Council on January 19)
Goal Setting Discussion
. Review progress on goals since July 1,2009
. Review input and feedback from public, staff, and City advisory groups
. What's missing?
. What needs to be deleted?
. Prioritize and Agree to list for Council adoption
Lunch Break
Prioritizing City Services, Programs, and Activities
. Review and Update Criteria Used in FY 2010 Budget Process
. Discuss Desired Community Outcomes - Is there a way to translate the criteria into
a discussion of what City services achieve?
. Thoughts about prioritization
. Thoughts about how we match resources to priorities
Building a Regional Intergovernmental Agenda to achieve Council Goals
Next Steps for Adoption
Adjourn
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Council Communication
\
Meeting Date:
Department
Secondary Dep!.:
Approval:
Update on Council Goals
November 3, 2009 Primary Staff Contact
Administration E-Mail:
None Secondary Contact
Martha Bennett Estimated Time:
Ann Seltzer
ann@ashland,or.us
Martha Bennett
Consent
Question:
Does the City Council have questions about the progress on the 2009 Council Goals?
Staff Recommendation:
Staffrecommends the City Council review the update and identifY any concerns.
Background:
In June 2009, the City Council adopted goals for 2009-2010, Council will meet in January 2010 to
update these goals prior to the FY2011 budget process. As a reminder, the Council goals are organized
into six general areas related to increasing the sustainability of Ashland.
Economy
I. 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
Appointments to the Policy and Governance Committee alld the Technical Advisory Committee were
approved by Council at the October 20 meeting It is anticipated that the policy & governance group
will meet in the next few weeks and set a six to eight month schedule for the public involvement and
strategy development processes.
In July, Council agreed to utilize the 2007 Economic Opportunities Analysis and the draft
implementation plan as a foundation for the process, while also seeking a consultant update to the
EOA work to address changes in the local, regional, state and federal economy since the completion of
the EOA, Threeftrms have responded to the RFP and those responses are currently being reviewed by
the Mayor, Councilor Silbiger and staff.
2. Complete Croman Mill Master Plan and develop an implementation strategy for funding and
infrastructure for Croman,
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Staff has prepared a drafi of a new chapter to the City's Land Use Ordinance as well as a set of design
standards for implementation of the Croman Mill District Plan, Discussion of the Croman Mill District
Plan and the necessary Plan and Ordinance amendments has been a regular item on the Planning
Commission Agenda, A more formal discussion of the drafi standards and code will be scheduled
before the Commission in October. In addition, the Croman Advisory Committee (CAC) has met twice
to discuss aspects of the implementation work
3. Increase the clarity, responsiveness, and certainty of the development process,
Staff does not plan on movingforward on this issue until completion of Water Resources and the
Croman Mill District Plan, In the interim, Community Development has made significant changes to
its home page on the City's website to provide information to the development community with regards
to: permits & fees, online e-permitting, green building policies, and building code policies,
interpretations & procedures. Additionally, a drafi customer service survey has been prepared,
comparable to the one executed in 2007, and will eventually be mailed to applicant '.I' to assess their
experience with development process
Environment
I. Develop an integrated land use and transportation plan to increase the viability of transit, bicycles,
walking and other alternative modes of transportation.
. Reduce per capita automobile vehicle miles traveled
. Provide safe walking and bicycling routes to home, work, shopping and schools
. Implement environmentally responsible design standards
The Transportation System Plan (TSP) is being partially funded by a Transportation and Growth
Management (TGM) grant. As such, ODOT is responsible for developing, advertizing and managing
the Request for Proposals (RFP). While ODOT is responsible for administering the RFP, the Public
Works staff was able to re-write ODOT's drafi of the RFP to meet Ash/and's transportation
philosophy The final RFP documents included input from the Transportation Commission, the
Planning Commission and the Mayor. ODOT then recommended some minor edits to the document in
early October,
ODOT's next step includes distribution of the RFP to a list of pre-qualified Transportation System
Plan consultants. The consultants will then submit proposals and a review team consisting of ODOT
staff, Ash/and staff and one Transportation Commissioner will evaluate the proposals, interview the
top two to three consultants and recommend ODOT select the top applicant, Staff anticipates that
ODOT will award the bid by the end of January and that the master plan will take approximately two
years to complete.
2, Adopt an integrated Water Master Plan that addresses long-term water supply including:
. Climate change issues
. Security and redundancy
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. Watershed health
. Conservation and reuse
The water master plan RFP was advertised in August, 2009 with proposals due in September. Seven
engineeringfirms (Carollo Engineering, HDR. Keller Associates/Brown & Caldwell, MSA, Natural
Systems Intemational, West Yost and Winzer & Kelly) submitted proposals and a review team (Daryl
"
McVey, Water Plant Supervisor; Terry Oldfield, Water Distribution Supervisor; Pieter Smeenk,
Associate Engineer; Jim Pendleton, Talent Irrigation District; and Eric John, Medford Water
Commission) is currently evaluating and ranking the proposals. Once the scoring has been completed
the top two to three consultingfirms will be interviewed by the review team to assure consistency with
Ashland community values, Once the consultant has been selected staff will then recommend that the
Council award the contract at the December I, 2009 City Council Meeting. Staff anticipates that it will
take two years from the time the bid has been awarded to complete this large-scale project.
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.
An inter-departmental sustainability team is being developed with representation from Facilities
management staff, Conservation staff and key representatives of the various business operations of the
City to meet regularly to discuss and develop a priority listing of potential efficiency opportunities.
Consumption data for all City buildings andfacilities is being collected to create a baseline to
measure the progress and results of the implementation of efficiency projects. Usage data includes
electric, natural gas, water, trash, hazardous waste, fuel. Building and facility attributes are also
being collected to provide accurate comparisons between buildings, such as total square footage,
number of occupants, hours of operation, etc.
An SOU intem has completed a draft document providing a review, ranking and recommendation of
more than a dozen different climate measurementlcalculator software programs available to the City
for long term tracking and measurement of progress toward this Council Goal. The inter-
departmental team will review the final report and provide a final recommendation on the recording
and analysis software that best serves the City's needs and progress towards both short and long term
success.
4. Adopt land use codes, building codes and fee structures that creates strong iucentives for new
development that is energy, water, and land efficient and supports a multi-modal transportation system
A set of Sustainable Design Standards are being developed as part of the implementation package for
the Croman Mill District Plan, with some standards having a potential for citywide application. The
standards will address: 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 catchliwnts, infiltration, and harvesting guidelines,
5. Develop a strategy to use conservation and local renewable sources to meet Tier 2 demands.
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This goal will require a significant increase in Conservation Funding including money Jor additional
staff and incentives and loan dollars Jor citizens and businesses. Staff plans on including this in the
proposed FY 09-10 budget as w/ add package
Social Equity
1, Complete the development of affordable housing on the Clay Street Property.
The Housing Authority has completed the I" phase oj street improvements along Clay Street, Staff is
anticipating that the issuance oj the building permits and the commencement oj interior road
improvements and building constn/ction will proceed by November 2009, The City oj Ash/and controls
partially vacant, 1.5-acres immediately south oJthe Housing Authority project, The Land Use
subcommittee oj the Housing Commission, with staff assistance, is evaluating the parameters oj a
Request Jor Proposal (RFP) Jor the development oj additional housing on the city-owned parcel. City
staff will present the recommendation oj the subcommittee to the Council in order to obtain guidance
from the Council with respect to advertisement oj a fit/ure RFP.
2, Conduct a comprehensive study of Ashland's homeless.
This item has not been budgeted Jor this fiscal year, An estimation oj staff time and a budget Jor the
project will be prepared prior to fiscal year 2011 upon acceptance oj a scope oj work. 1n June 2009,
the Jackson County Board oj Commissioners adopted by resolution a 1 O-year Plan to End
Homelessness Jor Jackson County. The Ten Year Plan outlines a number oj actions that could be taken
regionally to help work to end homelessness within Jackson County. Connie Soldana oJRogue Valley
Council oJGoveTl/me11/S Senior Services and the Homeless Task Force and Linda Reid, Ashland
Housing Program Specialist would like to schedule presentation on the Councils agenda to discuss the
Plan, Link to the Ten Year Plan on the Jackson County Website:
http://wwwcojackson.or.us/files/1 0- Year_Plan_to _End _ HomelessnesspdJ
Organization
I. Develop a plan for fiscal stability, manage costs, prioritize services, and insure key revenue streams
for the City Parks & Recreation,
Finance staff has been doing research on comparable organizations and industry standards Jor
tracking, measuring and benchmarking data to evaluate Ashland's current financial condition and
progress going into the Juture. A study session is needed Jor Council to more specifically identifY what
fiscal stability means to them, areas they would like to track, outcomes they want reported upon and
the frequency oj reporting. A study session is scheduled Jor November 16, 2009,
2. Address issues regarding the stability of the organization including:
. Employee recruitment and retention
. Succession planning
. Effective and increased use of citizen volunteers
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Staff is in the final phases oj the Classification and Compensation Study and expects to have a draft
reportjrom CPS Human Resource Consulting in the next Jew weeks which will include their
recommendations. The consultants will be presenting their jinal report to the Mayor and Council at
their November 2nd Study Session.
Public Facilities
I. Develop a plan to replace Fire Station #2,
This item is on the November 17, 2009 regular meeting agenda.
2. Refine a long tenn strategy for the Ashland Fiber Network that improves its financial viability,
provides high quality services to residents, and promotes healthy economic development.
New oroduct deolovment: a) Staffplans to buildjiber-to-the-premise ("FTTP") to individual houses in
the Verde Village development to provide near fil/ure broadband services to this green project. b) Staff
is in conversations with local Internet Protocol TV ("IPTV'') entity to beta test subscription based TV
services delivered over the Intranet via local servers in Ashland. c) Wi Max deployment.
Im(JToved financial viability: a) Move to consumptive based retails rates. b) Customer acquisition
pacing at 5% growth c) option Jor AFN to market as direct IS? d) Recruitment oj new IT Director will
provide new insight and opportunity Jor jinancial viability.
Promotin!! healthy economic develooment: a) Staff continues to work closed with Ashland Chamber oj
Commerce's economic development team. b) AFN Retailers (ISP's) have seen some consolidation
acquisitions resulting in larger, healthy retail partners keenly Jocused on garnering new customers.
Hi!!h Qualitv or services: Maintenance and upgrading oj QOS (Quality oj Services) offerings continue
positive customer experience Gild satisfaction. Behind-tile-scenes maintenance resulted ill no
significant system outages. AFN's local customer service excellence and expert local technical support
continue to be distinct competitive advantage.
Partnerships
I. 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,
The City has continued to work with the USFS and other community stakeholders to create a multi-
party monitoring program in concert with the goals oJthe Ashland Forest Resiliency project A
number oj symposiums and watershed tours have been conducted to better inJorm the community about
the' importance oj watershed health. On Friday, October 16th, the USFS signed the Record oj Decision
Jor the Ashland Forest Resiliency project paving the way Jor restoration work to commence in the
spring oJ2010.
2. Restore rail service to and through Ashland.
Both staff and Council members continue to meet with stakeholders regarding restoration oj rail
service through Ashland.
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DRAFT Timeline
November 2009
December 2009
Study Session to discuss fiscal stability goal
Study Session to review results of the Employee Class and
Compensation study
Issue building permits for Clay Street Affordable Housing Project
(Housing Authority - Jackson County)
Adopt Water Resource (RiparianIW etland) Ordinance
Award bid and contract for Water Master Plan (anticipate 2 years
to complete)
Council hearings on Croman Plan and Code Amendments
Develop scope of work for study of Ashland homeless for
FY20 II budget consideration
Finalize customer survey related to improving clarity and
responsiveness in the development process
Develop proposal for increase in Conservation staff for FY20 II
budget consideration to meet Tier 2 demands
ODOT to award bid for Transportation System Plan (anticipate 2
years to complete)
Complete public involvement and Economic Development
strategy process
Adopt Strategic Plan and Action Steps/Econ Develop
January 2010
Summer/Fall 2010
Fall/Winter 2010
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
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