HomeMy WebLinkAbout2011-0201 Council PACKET
CITY Or
ASHLAND
Important: Any ciTizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments
to the Council on any item on the Agenda, unless il is the subject of a public hearing and the record is closed. Time permiNing, the Presiding Officer
may allow orallestimony. If you wish 10 speak, please fill Oul the Speaker Request fonn located near the entrance 10 the Council Chambers. The chair
will recognize you and infonn you as 10 the amount of time allotted to you, if any. The time granted will be dependent 10 some extent on the nature of
the item under discussion, the number of people who wish 10 speak, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 1, 2011
Council Chambers
1175 E. Main Street
.
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled CounciLmeeting [AMe 2.04.030.E.]
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Regular Meeting of January 18, 2011
2. Executive Session of January 24, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
1. Presentation regarding Library Services [10 Minutes]
VII, CONSENT AGENDA [5 minutes}
1. Will Council accept the Minutes of the Boards, Commissions and
Committees?
2. Does Council have any questions about the quarterly financial report as
presented?
3. Will Council approve a contract with JBR Environmental Consultants, Inc. to
conduct soil and groundwater monitoring on City owned property at 1097 'B'
Street?
4. Will Council approve a $36,719.88 (25.7 percent increase) amendment to the
existing contract with Visar Construction Co., Inc. for construction of the
Liberty Street improvement project?
COUNCIL MEETINGS ARL B1W..\UC;\ST UVL ()N CIMNNEL \)
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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 ~2.04.050})
None
IX. PUBLIC FORUM Business from the audience not included on the agenda.
(Tolal time allowed for Public Forum is 15 minutes. The Mayor will set time limits
to enable all people wishing to speak to complete their testimony.) [15 minutes
maximum] Please note: Comments or questions from the public that are of a defamatory
nature, such as statements directed at individual Councilors' character, intentions, etc., are out of
order because they interfere with the work of the Council. The Council will not answer questions
posed during public forum but may direct staff to answer such questions later.
X. UNFINISHED BUSINESS
1. Does Council have questions regarding the current status of the Lithia
Springs Property lease extension including the environmental assessment
review by DEQ and the continued implementation of the best management
practices by the Ashland Gun Club? [10 Minutes]
2. Does the Council approve the Resolution Calling for a Special Election for
May 17, 2011? Does the Council have any changes to the Proposed Ballot
Measure for Fire Station NO.2? [10 Minutes]
3. Should Council approve a resolution authorizing a land transfer of a portion of
the 380 Clay Street property to the Ashland Parks Department for Parks
purposes? [20 Minutes]
4. Does Council want to adopt the City Council Goals for 2011? [20 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Who will Council designate to attend the stakeholder meetings for the
infrastructure financing and urban renewal feasibility study? [5 Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council adopt a resolution allocating Transient Occupancy Tax (TOT)
revenue for tourism and non-tourism purposes for FY 2011-2012 and
establish criteria for the grant program? [30 Minutes]
2. Should Council approve First Reading of an ordinance titled, "An Ordinance
Relating to Business Licenses?" and move the ordinance on to Second
Reading? [15 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
tn comptiance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Tille I).
COUNCIL ivIECTh'iCiS ;\RE BIW;\IX;\ST LIVE ON CIIANNJ:L 9
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ASHLANU CIH CUUNCIL Mt.t.JJNti
January IS, 2011
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 18, 2011
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 Charnbers.
ROLL CALL
, Councilor Voisin, Morris, Lembouse, Slattery, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg noted the passing of Bill Patton and shared his critical role in the development of the Oregon
Shakespeare Festival then honored Mr. Patton with a standing ovation
He went on to announce his intention to join Mayors Against lllegal Guns (MAIG) in response to tbe recent
shooting in Arizona that killed six people and wounded 13 others.
Mayor Stromberg commented the AsWand Advisory Water Committee was having an Open House January 19,
2011 to present six alternative water supply options identified by Carollo Engineering.
Additionally, the City of AsWand was beginning the annual appointment process to City Commissions. The
deadline for submitting applications is March 18, 2011. ,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Regular Meeting of January 4, 20 II were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
]. Presentation regarding the results of the Ashland Creek Ecoli and Fecal Coliform Study.
Rogue Riverkeeper Program Director LeslieAdams explained how the program worked to protect and restore
water quality and fish populations throughout the Rogue River basin.
Water Quality Coordinator Forrest English provided a presentation and explained the study set up six sites
along the Talent Irrigation District (T1D) ditch and nine sites along Ashland Creek to isolate areas that might
contribute E coli and Fecal Coliform to the system. Ms. Adams noted the E coli source was inconclusive but
the study could serve as baseline data for future studies. She explained as water levels decreased in the creek
during the summer TID contributions have a greater irnpact.
The study resulted in four recommemations:
I. Public education on dog waste removal along the TID ditch trail and how TID water feeds into
Ashland Creek
2. Provide Dog Waste Stations on the'TID ditch trail
3. Pipe the TID ditch inside city limits to protect water quality
4. Conduct a further study on the TID ditch and the area above the park
CONSENT AGENDA
1. Will Council accept the Minutes of the Boards, Commissions and Committees?
2. Will Council approve the 2011 Council liaison appointments to City boards and commissions, to be
effective immediately?
~
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January IS, 20 II
Page 2 of5
3. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
4. Should Council approve a legal services contract with Douglas McGeary that could exceed $50,000?
5. Does Council wish to set a public hearing for February 15, 2011 for the review of a Development
Agreement and call-up for review the Planning Commission's decision to approve planning action
2010-1239 - A Comprehensive Plan Map Amendment, Zone Change and Site design Review to
construct a 10,632 square foot building at 85 Winburn Way?
6., Will Council adopt a resolution supporting the application for a Safe Routes to School Grant in the
amount of $300,000? .
7. Should Council approve a telecommunication franchise for LS Networks?
Councilor Voisin/Slattery mJs to approve Consent Agenda items. Voice Vote: all A YES. Motion passed.
PUBLIC HEARINGS (None)
PUBLIC FORUM (None)
UNFINISHED BUSINESS
1. Does Council have questions for the consultant team of Kitte]son and Associates, Inc. regarding the
status of the Transportation System Plan?
Public Works Director Mike Faught and Community Development Director Bill Molnar eXplained the
Transportation System Plan (TSP) was currently working on Chapter 6 Pedestrian Places and described what
Chapter 7 would address.
Principal Engineer Marc Butorac from Kittelson and Associates provided a presentation on the Transportation
System Plan that included:
Project Status - White Paper Process and First Delivery Group
. Pedestrian & Bicycle Improvernents: Road Diet, Street Patios, Railroad Crossings and 'Other Modes
of Transportation
. Safety & Operations Improvements: Offset Intersections
. Alternatives to LOS and Corresponding Funding Strategies
. Opportunities for Research Related Funding
. 9 months remaining to Draft TSP
. Work Completed
. Remember the Challenges: Myths and Biases, Alternative and Creative Funding Vehicles and
Political Will
White Papers: Group 1 Road Diet
. Road Diet Purpose: Reallocate existing roadway right-of-way, better serve pedestrians, bicycles and
transit
. Road Diet benefits: Improved traffic flow, reduced vehicle speeds closer to desired operating speed,
reduced conflicts am number of crashes, more attractive ewirornnent for pedestrians and bicyclists
. Road Diet Opportunities: North Main Street, Helman Street-Schofield Street, Schofield Street to
Valley View Road
White Papers: Groups 2 and 3
. Group 2: Roundabouts, Bike Route ,Connectivity, Bike Boulevards, Shared Streets, Green Street
Standards
. Group 3: Funding Programs, Transit and Rapid Transit, Will Dodge Way, Multiuse Trails, Safe
Routes to School
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January IS, 20ll
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White Papers: Groups 4 and 5
. Group 4: Passenger Rail and Commuter Rail, Downtown Access Plan, Streetcar, High Density
Housing, Access Management Plan
. Group 5: Freight, Airport, Special Transportation Area, Addition of an 1-5 Exit
Overview of White Paper Schedule - Based on Planning and Transportation Commissions Availability
. January 20 - Discuss Group #] with PC and TC
. February 10,- Discuss Group #2 with PC and TC
. February 24 - Discuss Group #3 with PC and TC '
. March 10 - Discuss Group #4 with PC and TC
. March 17- Discuss Group #5 with PC and TC
Oregon TSP History Perspective
. First, Second and Third Generations
Alternatives to LOS and Corresponding Funding Strategies
. Discuss Traditional Approach
. Discuss Progressive Approach
Traditional Approach to LOS
. Developer: Performs a TIA ($15,000 to $25,000), mitigates intersections with vehicle LOS
deficiencies, pays a transportation SDC
. Result: Wider roadways and System improvements
. Uncertainties: Cost for the developer, improvements for the City
Progressive Approach to LOS
. Developer: Performs a safety assessment, Mitigates safety issues, Pays multimodal SDC
. Result: City able to apply money and fund irnprovements on a systematic basis
. Certainties: Higher level of certainty for developer, Higher level of control and flexibility for the City
Opportunities for Research Related Funding
. Federal Research Funds
. Regional Research Funds
Key Near Term Dates and Work Items
Mr. Molnar explained the Pedestrian Places Project focused on three neighborhood centers, The first was the
T olrnan Creek Road and Ashland Street intersection where the draft vision would improve pedestrian-bicycle
connectivity. The second center was AsWand Street and Walker A venue with a draft vision that would identifY
the area as a university district hub. The third center was East Main and North Mountain where the draft vision
would look at it as an arts community center. The Pedestrian Places Project group identified building blocks for
these areas to include better transportation, public spaces with areas for informal displays of art. A portion of
the TSP Pedestrian Places, the Planning Commission, and the Transportation Commission were looking at
these areas as an opportunity to create more mixed-use centers along the rnajor transportation corridors over the
next 30-40 years.
Planning Manager Maria Harris explained the project origimted from a 2007 workshop on Designing Great
Arterial Streets that incorporated into the TSP as a Pedestrian Places comlXment. Two Pedestrian Places
Public Workshops had occurred and the project had a draft vision statement, an opportunities site map, and the
beginning of an illustration plan for each location A final public workshop will occur February 22,2011. In
an effort to engage more of the public, staff set up an online forum on the City website called "Open City
Hall."
Planning Commission Chair Pam Marsh added it was refreshing to look at transportation planning in a manner
contrary to the traditional' focus on single occupancy vehicles for reasons that encompass sustainability,
livability, and equity and making the best use of funds.
i
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Council and staff discussed a concern whether the Tolman Creek Road-Ashland Street area was the best
location for a pedestrian node. Staff anticipated the area evolving into one of the higher levels of re-
development in addition to it becoming one of the fastest growing residential areas. The Planning Commission
was also interested in the intersection and the need for pedestrian and bicycle safety for residents from all the
adjacent residential comml.U1ities.
2. Does Council have additional direction about the proposed business license ordinance prior to first
reading?
Interim City Attorney Megan Thornton explained the proposed ordinance would give authority to regulate
business activity, provide criteria to deny and revoke a business license under specific circumstances and
establish a fee structure that would allow data collection
Paul Kay/] 234 Strawberry Lane/Expressed concerns the proposed ordinance stepped on the right to privacy
and civil rights. He supported tying business licenses to City services, infrastructure, and neighborhood
influences but thought there should be specific thresholds and detailed definitions. He provided examples of
automated enforcement and neighborhood impact on home business situations.
Council discussed 6.04.040 Licensing exemptions and suggested changes to subparagraph (B) that would
eliminate non-profits from the fee but not the licensing requirement. Changes to 6.04.040 Licensing
exemptions (E) would add language that the operation of a display space etc. was exempt".. .provided that
the total length of all sales combined is fewer than four days in anyone calendar year." 6.04.040
Licensing exemptions (F) would replace language: "...or less than four rooms in one residential unit,"
, with "or unless it is the individual's primary residence." 6.04.040 Licensing exemptions (G) Domestic
Help would limit one per residential household, specify babysitter, or leave the language as is. The final
suggestion was remove 6.04.040 Licensing exemptions (I) that referred to farm p-oducts raised in Oregon.
For 6.04.120 Denial or revocation oflicense, Council suggested removing language from subparagraph (4):
".. .including a violation which does not lead to a conviction.. .," and condense and combine subparagraphs
(3) and (4). Additionally, staff recommended striking language from 6.04.] 20 Denial or revocation of license
(1) that suggested the City could revoke a business license if there was a sign code violation
Staff explained the process for enforcing business licenses initially starts with citizen complaints about a
business. If a business code violation occurred, the business would receive a notice giving them 30 days to
comply before a hearing was set. ]fthe business cornplied within that period, the City would discontinue the
revocation process. Failure to comply would result in a hearing where the business would present evidence to
the Adrninistrative Director who would make a decision based on all the evidence provided. The business
would receive another notice within 5-10 days apprising them of the decision The City's intent with
enforcement was to get businesses in compliance, not revoke business licenses.
For individuals conducting business without a license, the City sends them a notice stating a business license is
required. ]f the business fails to comply, the City mails a notice requesting thern to cease and desist. Failure to
comply with the notice would result in a citation and a court process. It was extremely rare to have a situation
escalate to the citation level and there were only a couple cases over the past five years where it actually
occurred.
Council discussed the Fee Structure and having a flat rate fee of $120 for companies with more than five
employees instead of charging $5 for each additional employee. Staff will provide information on current
business licenses with more than five employees to determine actual charges as well as a comparison to what
the City of Medford charges for business license fees.
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NEW AND MISCELLANEOUS BUSINESS
1. Which Council members will be appointed to screen applications for the City Attorney position?
City Administrator Martha Bennett explained in the past Council appointed two members to meet with the
Mayor, review resumes, and recommenl candidates for the interview process. Council appointed Councilor
Lemhouse and Slattery.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Will Council approve Second Reading of an ordinance titled, "An Ordinance Relating to Creation
of a Firewise Commission"?
Councilor VoisinlLemhouse mls to approve Ordinance #3044. Roll Call Vote: Councilor Morris,
Chapman, Lemhouse, Slattery, Silbiger and Voisin, YES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting was adjourned at ] 0:03 p.rn.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Report on Ashland Public Library
February 1,20] I Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Ann Seltzer
seltzera@ashland.or.us
10 Minutes
Question:
Does the Council have questions of Ashland Librarian Amy Blossom on library services funded
through the. local option tax levy?
Staff Recommendation:
None
Background:
Amy Blossom, Librarian at the Ashland Public Library contacted staff asking to give a brief
presentation to the City Council on current library services provided by the local option levy.
Enhanced library services for the current fiscal year cost approximately $355,000 and are funded
through the local option tax levy. The levy will expire in Juneof2013.
Related City Policies:
None
Council Options:
No action is required
Potential Motions:
None
Attachments:
. Written report frorn Amy Blossom
Page I of I
rA1
Fehruary 1,2011
Report on the Ash]and Branch Lihrary of the Jackson County Lihrary Services
Subrnitted by Arny Blossorn, Ashland Branch Librarian
To the Ashland City Council Members,
"Library matter agitated, As.hland rnust have building and more volumes." This Ashland
Daily Tidings news article from April] 2, ] 909 represents how the people of Ashland
have always felt about their library. Ashland citizens built a library in 1912 and have
been supporting it ever since.
In ] 970, Ashland City Library joined with other libraries in the County to becorne the
Jackson County Library, Ashland branch.
In May of2000, Jackson County voters approved a $38.9 million bond rneasure with a
57.2]% passage to build or rernodell 5 libraries throughout the county. The new addition
to the Ashland Branch library was cornpleted in July 2002 and expanded the library from
7000 sq feet to 22,655 sq ft. The old Carnegie library was then remodeled to become the
children's section of the library and was completed June 2003.
The library system was very well used, but the county was suffering from lack of
adequate funding and decided to close the entire Jackson County Library System in April
2007. Ashland residents were not happy. A local option tax levy to provide interirn
funding for library services was placed on the Septernber 2007 ballot. After filing the
Ashland measure, but before the election, the County determined it could reopen the
libraries with lirnited service and service hours. Each city could then add to the county
support and open their community library with rnore services and rnore service hours if
they so chose. Ashland did.
In October of 2007, the Ashland City Council appointed an ad hoc Citizen Library
Advisory Committee to evaluate the additional services provided by the levy, to conduct
public outreach on library services in Ashland and to identify long term library funding.
In May of2008, the Committee recommended the City Council extend the local option
levy for four years and place a measure on the November 2008 ballot.
Tax levy elections:
. Septernber 2007 - Ashland residents voted for a 2-year operating levy (through
June of2009) to supplernent the county's support for Iirnited hours (24) and
services. Funds generated by the tax provided] 6 additional hours (for a total of
40 hours per week), 3 FTE additional staff, and extra outreach services for
children, teens and seniors. The measure passed by 74.5%.
. November 2008 - This local option levy provides a tax of up to .2] per thousand
for four additional years and will expire June 30, 20] 3. The rneasure passed by
62.69%.
What do the citizens of Ashland get with this extra tax?
. ] 6 more full service open hours per week, including Sunday hours
. Professional Reference service
. More class visits frorn local schools
. 2 extra story hours per week, for a total of 3, which bring in around 240 children
per rnonth
. Personal delivery of reading materials to the homebound, currently serving 32
Ashland residents whose lives are enhanced by this personal service. Materials
are selected by a professional librarian
. Extra library programming for all ages, including, author visits, job classes,
movies, origami, connection with all the Head Start groups, book discussions, and
rnuch rnore that enhance the lives of our citizens. As one individual noted, "I can
watch a movie alone at home, but here I can come and join others, be part of a
group, and ] get so much out of that."
. We have a new relationship with Ashland hospital providing literacy bags for
each newborn
. We are now working with Arnigos Club for a book exchange between the cities
. Teenagers have a librarian to help them with book selection, put on regular
garning days, schedule book talks in their classrooms and other programs just for
teens
. We collect and distribute donated books for the Ashland Food Bank, Senior
Center, and sorne retirernent homes
Without the support from the citizens of Ashland, our library would be open 24 hours a
week, with limited service.
Our library service is friendly, responsive and highly professional. Much of what we do
appears invisible. It takes a lot of hard work and professional expertise to rnake a library
work effectively for so many.
Ash]and Branch lihrary statistics:
. On average, between 100-160 people enter the library each open hour?
. 32,000 books and materials are checked out each month, and the numbers
consistentl y grow
. The public logs approximately 4,800 Internet sessions each month, plus hundreds
of wireless users - many of whom are visitors to our cornrnunity.
. We have approximately 330 volunteer hours per month
. ] ] 50 public meetings are held annually in the library meeting rooms, with an
attendance of more than] 2,000. Businesses, classes, social organizations,
garners, tutors, political groups, Amigo club, and the City of Ashland use these
meeting rooms.
2
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
October 27, 2010
CALL TO ORDER
Chair Regina Ayars called the meeting to order at 4:35p.m. at the Council Chambers located at 1175 East Main, Ashland, OR
97520.
Commissioners Present: Council Liaison
Nikki Pons Eric Navickas, absent
Regina Ayars
Richard Billin Staff Present:
Jodv Waters Linda Reid, Housing Specialist
Barb Barasa Carolyn Schwendener, Account Clerk
Commissioners Absent:
APPROVAL OF MINUTES
The minutes from the August 26, 2010 Housing Commission meeting were approved as presented.
PUBLIC FORUM
No one was present to speak
REPORTS AND UPDATES
Liaison Reports
Council- No report
Parks - No report. Waters said there did not appear to be anything on their agenda that was pertinent to the Housing
Commission.
School Board - No report
Planning - Pons watched the Planning Commission on line and reported that there will be a public workshop this
evening at 7:00 p.m. at the Ashland Middle School regarding the Pedestrian Places. The idea of the pedestrian nodes
is to encourage more biking and walking which will help people who cannot afford cars. The Planning Commission
also approved to demolish a house on the comer of Allison & Gresham. They are replacing a duplex with a very large
house.
Nick O'Neal arrived at the meeting and introduced himself. Mr. O'Neal is the Hunger and Homelessness programs
coordinator at SOU. He explained he was present to leam more about what the Housing Commission does and find
ways for students to get involved. He is currently looking to help recruit a SOU liaison.
Transportation - Ayars attended the October Transportation Commission meeting. At the meeting Steve Ryan was
voted in as the new Vice Chair. The current Chair is Eric Heesacker with three staff members serving, Jim Olson,
Mike Faught and Nancy Slocum. The majority of the meeting was spent with the Fire Departments demonstration of
the Fire trucks. There is an issue regarding the widths of the fire trucks and the narrow street widths. Some streets
need a little more width for the fire trucks to function properly in an emergency situation.
They also talked about making A street a "Sharrow Street" This is where marks on the pavement are placed with the
intention of alerting drivers that bicyclists are present. Also discussed the pedestrian places at that meeting.
SOU- Ayers understands that in order to have an SOU Liaison they must first be approved by the Student Association
before they can apply to the Mayor for approval. The applicant needs to write a letter of interest to the Mayor
expressing their desire and commitment to join the Commission.
ASHLAND HOUSING COMMISSION MINUTES
October 27, 2010
Staff - Reid reported that the Jackson County Homeless Task Force has organized a public forum and panel
discussion on Hunger and Homelessness in the Rogue Valley. The one day event will take place on November 16th at
the Medford library in the large Community Room from 1 pm to 4 pm. There will be a photo display of the roving
exhibit called Portraits of Disconnect. The panel will consist of four homeless people and four service people. The
topic of the discussion will be about the changing faces ofhomelessness. A question and answer period will follow.
There is an upcoming Economic and Community Development strategy open houses on Nov 3rd and 4th held at
Pioneer Hall and the Community Center. If you are unable to attend you can give public input online.
OVERVIEW OF THE CDDG PROGRAM
Linda gave an overview of the CDBG program and what the Housing Commission's role is in that process. The City of
Ashland is an entitlement community for CDBG funds. Entitlement communities/Grantees are required to complete a five year
plan for the use ofCDBG funds providing quantitative goals and outcomes.
The three objectives that must be met are:
. Elimination or Prevention of Slum and Blight
. Low to Moderate income benefit
. Meet an Urgent Need
Each year the City submits an Annual Action Plan for the one year use of the CDBG funds to HUD for approval of grant
projects and to certity that the awarded activities are consistent with the Consolidated Plan's goals
Each year the City prepares a report on the outcomes of the projects funded in the previous program year. This report known
as the Consolidated Annual Performance Evaluation Report or CAPER, evaluates the annual activity outcomes and how they
relate to the proposed goals and outcomes identified in the 5- Year Consolidated Plan
The Housing Commission's role in the CDBG process is;
. Assist in development of 5-year Consolidated Plan forward recommendations to the City Council
. Evaluate annual grant applications in relation to the met and unmet goals and outcomes identified in the 5- Year
Consolidated Plan and forward funding recommendations to the City Council
. Approve the Annual Action Plan and the CAPER
. Act as the liaison between the social service community, affordable housing providers and the public and the City on
CDBG related business through the application process and the public hearing process '
CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER)
The CAPER is due 90 days after the closing of the grant year, generally around September 15th. The CAPER is finished for
this cycle. Sometime in January a RFP goes out. We will put a legal notice in the newspaper, post it on the City Website with
links to the RFP, and do a direct mailing to Social Service providers. Putting it in the City Source is also a possibility.
AGENDA ITEMS FOR GOAL SETTING MEETING
It was decided that the 20 II Goal setting meeting will be December II, 20 I 0 from 9:00 am to 1 pm at the Ashland Parks and
Recreation Department located at 340 S Pioneer Street.
Agenda items:
. Review 2009 Goals
. Homelessness
. Education and outreach, recruit new members
. Status of Aaron Benjamin's Trust Fund
. Evaluate Housing/demographic mix
. Preservation of vulnerable properties
. Clay Street
2
. Foreclosure prevention
. IdentifY a permanent funding source for the Housing Trust Fund
"
DISCUSSION: HOMELESS (GRANT RESOURCESIPROGRAMS
Linda put together some information regarding the HUD funding for activities in our area: HUD McKinney-Vento grant funds
that are offered through the Jackson County Continuum of Care have been awarded to four agencies that have received funding
from these grant funds in previous years. These projects are known as renewal applications, since they have been funded in
previous years they are refunded in the same amount despite the formula allocated amount for the Continuum. Previously
funded activities that are refunded at the same level are known as hold harmless activities. Currently the renewal applications
that are funded are,
. The Home At Last Program run by DASIL, partnered with RVCOG, offers a permanent supportive voucher program
for chronically homeless populations. They receive $136,957 a year which pays for the vouchers.
. Salvation Army receives $50,000 for their staffing at the Hope House Transitional Housing Program.
. Community Works received $119,700 for their transitional living program, some of which serves Ashland Youth.
. ACCESS, Inc. received $10,90 I to reserve one of their units as permanent supportive housing at their Woodrow pines
complex.
REPORT: REGINA AYARS. HOUSING COMMISSION CHAIR
Commissioner Ayars gave an update after meeting with Mayor Stromberg. Housing issues appear to be at the top of his
agenda. The Mayor is interested in the Housing Commission and its charter and wants to help fill the commission's vacancies.
The Mayor wants to expand the Commission's charter and mission. Next year the City will have several new councilors, the
word affordable is a problem for people, homeless is also a problem. The Housing Commission may expand our charter in an
effort to dispel the perception that exists within the community that the Housing Commission advocates and assists all
populations with housing needs rather than just low income populations. One example might be seniors that may have been
living off of investments, and now with the economic downturn may have a difficulty in meeting their mortgage. The Mayor is
motivated to work with the commission, think broader perspective. Invite him to come for a set period of time to the retreat.
Explained that most the commissioners on the commission at this time are interested in serving low income people. Ayars
encouraged anyone who is interested in speaking with the mayor to do so as he is open to speaking with anyone.
NOVEMBER 24. 2010 MEETING AGENDA ITEMS
Will discuss the next meeting date and time in December.
UPCOMING EVENTS AND MEETINS
Quorum check, everyone should be present
Next Housing Commission Regular Meeting
4:30-6:30 PM Wednesday, January 26, 2011 at the Council Chambers located at 1175 East Main, Ashland.
ADJOURNMENT - The meeting was adjourned at 6:35p.m.
Respectfully submitted by Carolyn Schwendener
3
C I T ,y 0 F
ASHLAND
ASHLAND PLANNING COMMISSION
ASHLAND TRANSPORTATION COMMISSION
JOINT STUDY SESSION
MINUTES
October 26, 2010
WORKSHOP FACILITATION TRAINING (6:30 p,m,)
Prior to the Joint Study Session, Tom Utster with OT AK provided the Planning Commissioners with a short facilitation training
session in preparation for tomorrow night's Pedestrian Places Public Workshop.
CALL TO ORDER
Transportation Commission Chair Eric Heesacker called the meeting to order at 7:00 p.m. in the Council Chambers, 1175
East Main Street.
Planning Commissioners Present:
Larry Blake
Michael Dawkins
Dave Dotterrer
Pam Marsh
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Eric Navickas, Council Liaison
Transportation Commissioners Present:
Thomas Bumham
Eric Heesacker
Steve Ryan
Julia Sommer
Colin Swales
Brent Thompson (arrived at 7:25 p.m.)
Matt Warshawsky
David Chapman, Council Liaison
Absent Members:
Debbie Miller
David Young
Staff Present:
Bill Molnar, Community Development Director
Michael Faught, Public Works Director
Maria Harris, Planning Manager
Jim Olson, City Engineer
April Lucas, Administrative Supervisor
APPROVAL OF MINUTES
1, August 24, 2010 Joint Study Session Minutes,
Commissioners Marsh/Dotterrer mls to approve the August 24, 2010 Joint Study Session Minutes, Voice Vote: all
AYES, Motion passed.
PROJECT UPDATE
Marc Butorac with Kittleson & Associates commented on the status of the Transportation System Plan Update. He stated in
the next two months they will be done with the baseline documentation and in January they will be ready to slart developing
and evaluating ideas and move towards a final plan, He noted this item went before the City Council earlier this month and
some of their feedback focused on setting measureable goals and benchmarks.
Erin Ferguson with Kittleson & Associates addressed the commissions and provided an overview of Technical Memos #3 and
#4. She explained these memos create a foundation for the analysis that will come later in the project, and explained the
purpose of these memos is to capture the system inventory and existing conditions for: land use and population, public
transportation, bicycle and pedestrian facilities, roadways and traffic operations, collision analysis, and funding. Ms. Ferguson
provided a presentation that highlighted specific information contained in the technical memos related to these six categories.
Planning Commission & Transportation Commiss;on
Joint Study Session
October 25. 2010
Page 1 of 3
Mr. Butorac clarified these memos set a benchmark and asked the commissioners to report any errors they observed before
they move forward. The following suggestions were made by the Transportation and Planning commissioners:
. Instead of "Hwy 63" and "Hwy 21", request was made for documentation to use the commonly used names instead.
. Request was made for the consultants to include a context page so that readers can easily locate information in the
documents.
. Suggestion was made for the consultants to consider the T rails Master Plan.
. Comment was made that Ashland has three elementary schools, not four.
. Suggestion was made for the consultants to consider the Talent Irrigation Ditch, which is a route above Siskiyou Blvd
that has the potential to move through the neighborhoods above the boulevard.
Mr. Butorac noted the first Pedestrian Places public workshop is scheduled for tomorrow and they are hoping for a large
tumout. He also reviewed the upcoming work activities, including the future conditions analysis and incorporating multi modal
level of services,
WORK SESSION
Mr, Butorac noted the Work Session packet that was distributed and commented on the need to set goals and benchmarks
that result in the desired mode split shifts. He provided examples of TSP goals for the Commission, such as increasing free
transit service over time and constructing a certain number of miles of sidewalks.
Free Transit Service Goal
The commissioners discussed the possibility of a free transit service goal. Councilor Chapman commented on what it used to
cost the City to provide this service. He stated the cost was $300;000 a year, but with the ADA restrictions it raised the cost to
$800,000 a year and the City was no longer able to subsidize this. Chapman provided some background on the Council's
decision and stated at that time RVTD convinced the Council that the frequency of service was more important than the cost.
Mr, Butorac c1anfied that once they agree on the goals, they will come back and talk about the costs before deciding to move
forward. The commissioners shared their feelings about free ridership versus having more services. Public Works Director
Mike Faught noted the City is submitting a grant to the state to pay for transit service and clarified staff will continue to pursue
these types of funding opportunities as they become available.
Increase City Sidewalk Goal
Mr. Butorac asked if this is something the commissions are interested in pursuing and the commissioners shared their
thoughts about this possible goal. Comment was made that prioritizing sidewalk installation based on whether it is a boulevard
or a street is a car-centric way to think. It was also noted that people drive differently Ihan they would walk, and people who
travel on foot or on bicycles like to use alleys and side streets. Suggestion was made to broaden this topic to include walking
spaces and pathways in general.
Alternative Level of Service
Mr. Butorac asked the commissions if they are open to exploring options that move the City away from the standard level-{)f-
service model. He commented on the possibility of a multi-modal systems development charge and stated this could provide
some certainty to developers and funds could be used for improvements system-wide instead of for a specific development
location. He clarified the TSP would set the baseline and safety issues would take priority in how the funds are used.
Pedestrian and Bicycle Toolbox
Innovative pedestrian and bicycle facilities treatments were presented and the commissioners were asked for their input. In
particular, whether there are any they would like to explore further and whether they are any they feel are inappropriate for
Ashland. The commissioners voiced a variety of opinions. Comment was made voicing concem with Bike-Only Entry and that
in a small town like Ashland, if you reslrict vehicle conneclivity it moves more vehicles to the main boulevards, which then
becomes more challenging for bicyclists. Road Diets was suggested, as well as creating pedestrian/bicycle pass throughs in
certain areas. Additional comment was made suggesting in-lieu-of-parking fees that could go towards multi-modal
development. Mr. Butorac commented on a "parklet" option and explained Ihis could be a temporary ailemative to completely
removing on-street parking spaces. He stated parklets repurpose parking stalls and tum them into pedestrian spaces by
building out a temporary platform into the parking lane so that the grade of the sidewalk gets carried out into the parking lane.
Planning Commission & Transportation Commission
Joint Study Session
Oclober 25. 2010
Page 2 01 3
Mr. Utster asked if the commissions would consider different options for the Plaza. He added if this is dedicated park space
that might create some issues, but if not there may be some possibilities here.
Mr. Butorac concluded the meeting by reviewing key near term dates and asked the commissioners to forward their comments
to Jim Olson in the Public Works Department. :,'
ADJOURNMENT
Meeting adjourned at 905 p.m. '
Respectfully submitted,
April Lucas, Administrative SupeIVisor
Planning Commission & Transportation Commission
Joint Stucly Session
October 25, 2010
Page 3 of 3
CITY OF
ASHLAND
Council Communication
Current Year Financial Report - October through December 2010
Meeting Date: February], 20] ] Prirnary Staff Contact: Lee Tuneberg
Department: Administrative Services E-Mail: tuneberl@ashland.or.us ,
Secondary Dept.: None Secondary Contact: None
Approval: Martha Benne Estirnated Tirne: Consent
Question:
Does Council have any questions about the quarterly financial report as presented?
Staff Recommendation:
Staff recornrnends Council accept the quarterly report as presented.
Background:
The Administrative Services Department submits reports to Council on a quarterly basis to provide
assurance of budget cornpliance and for informational and comparative purposes throughout the year.
Information can be provided in differing formats and timetables at Council's request.
This report includes the first six months of the fiscal year and will be the basis for projecting revenues,
expenses and ending fund balances for the year and beginning budget discussions with the Budget
Cornrnittee.
The reports are intended to present information in formats consistent with the departrnent, fund and
business activity presentations included in the adopted FY 2010-2011 budget document and the
manner in which they will be shown in the end of year report.
Unaudited, detailed balance sheets, revenues and expenditure\eports are available for your review in
the Adrninistrative Service Department office.
Overview
The cash balances of the City remain higher than the prior year at $25,395,499 (14.3% or $3.18 million
above one year ago). Only 58% or $14.6 million is unrestricted. This is slightly better than the prior
year's unrestricted balance of$]2.6 million (57% of the total).
Many factors contribute to this increase in cash including deferred operational and capital costs, an
increase of property tax collections in the 4% range and larger amounts totaling $].6 rnillion carried
forward from fiscal year 20] 0 than was budgeted. The delayed capital projects have not precipitated
capital financing so there are no borrowed monies held for improvements in the cash balances beyond
the systems development balances. The downside in not borrowing and doing the projects is the aging
infrastructure and potential for increased future costs of repairs and improvements. Approxirnately,
$6.9 rnillion in SDCs are included in the total $25.4 million with another $3.9 million in other
restricted cash.
Page] of2
~~,
CITY OF
ASHLAND
Total Ending Fund Balance at the half-year rnark is $25.7 milJion, about $3.2 rnillion rnore than the
prior year and $8.3 rnillion rnore than budgeted. This is directly attributable to reductions in
operational and capital irnprovernent expenditures and increases in utility and tax rates. However, this
is also the high point of property cash revenues received but unspent and these proceeds will dirninish
through the rernainder of the year. Due to this, fund and cash balances in the General, Debt Service
and Parks funds will decrease for the next six rnonths.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
This report is on the Consent Agenda and can be approved with other iterns. If removed from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to accept the financial report as presented.
B. Council moves to accept the report as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for the fiscal year ended December 3 1,20] O. This
report includes:
]. Financial Narrative (pages 3-8)
2. Summary of Cash and Investments as of December 31 for the last two years (page])
3. Cornbined Staternent of Financial Position City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #20] 0- 16 as arnended by Council action
(pages 4-7)
6. Schedule of Expenditures by Fund (page 8)
The numbers presented are unaudited and unadjusted.
Page 2 of2
~~,
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's
cash position across funds and investment types.
The city-wide cash balance has increased $3.18 million between FY 2010 and FY 2011 at the
end of December. The key reasons for this increase are:
1. Increased property tax and Transient Occupancy tax rates to fund programs while
simultaneously cutting other expenditures to meet target balances to improve fiscal
stability.
2. Increased intergovernmental (grant) and franchise revenue.
3. Increased enterprises rates from FY 2010 helping with total revenues even though
new rates have been implemented in the current year.
4. Reduced operational and capital spending across-the-boards where possible.
Each fund's cash varies for its own reasons. In general, total cash balances increased in the
second quarter of the fiscal year as a majority of property tax revenue is received in
November. Even though total cash balances are $4.9 million more than the first quarter of
this year there are significant reduced amounts in Water, Electric and Central Service funds
that are not likely to fully rebound by the end of the year.
Please note that the many of the funds with large balances (Street, Capital Improvements,
Water and Wastewater funds) also maintain significant cash and ending fund balances with
restricted amounts for systems development charges, open space reserves and debt service
covenants. The Water Fund is a prime example of a fund with a significant cash balance
($1.5 million) that is close to 100% restricted for SDCs. Only the water bill receivable account
provides a positive unrestricted ending fund balance of $300,000.
As indicated above, cash balances for funds that rely on property taxes are significantly
higher than last quarter. Good examples are the General Fund and the Parks and
Recreation Fund. At the end of September their total funds' cash was about $3 million and
little or no tax receipts would be posted in October. November and December tax receipts
have raised the combined balance to approximately $8.5 million as of this report. Cash
balances for these and other funds that primarily rely on property taxes will reduce until next
November.
The distribution of cash and investment balances shows a shift of cash from the other city
investments back into the Local Government Investment Pool (LGIP). As of this report $20
million (86% more than the prior year amount) is invested in LGIP other city investments
while $6.5 million less is in other investments than one year ago.
The Statement of Revenues and Expenditures - City Wide is similar to presentations in
the annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time.
Unappropriated Ending Fund Balance (EFB) is $25.7 million, which represents $8.3 million
above budget for the reasons stated above. The City budgeted for an all-funds reduction in
EFB of $3.3 million for the year. At the halfway point total EFB it is up $8.3 million because of
Page I of6
~.l'
the recent tax receipts, larger carry forward from fiscal 2010 and reduced spending. The
positive difference between total resources and total requirements will worsen as property tax
receipts are consumed as part of normal operations. Management has, and is, taking steps
to balance changes in revenues with changes in expenditures where possible.
A contributing factor is the $1.6 million more than projected EFB being carried forward from
FY 2009-2010. This occurred because the City departments held expenditures to a lower
level than originally projected, improving EFB.
Revenues and Budoetarv Resources at December 31,2010, total $33,863,672 as compared
to total year-to-date requirements of $30,489,325 which results in a $3,374,347 increase to
Unappropriated Ending Fund Balance. This increase is a $6.7 million positive variance as
compared to the $3.3 rnillion decrease budgeted and will be short lived since it relates to the
timing of receipts (especially property taxes) and expenses (especially operations paid for by
property taxes). The end result is dependant upon many factors such as variations in utility
sales frorn weather and customer demand, tourism and tax collections.
Actual Total Revenues on a city-wide basis are up $1,244,000 more than the prior year,
primarily due to the tax rate increases and utility rate adjustments made last spring. Only Fine
& forfeitures and Miscellaneous and neither represents a serious decrease.
No external financing has been done and only 21% of internal transfers were completed in
the first half of the year. The $158,429 Transfer In represents the amount paid between
funds for general debt service.
Total Requirements are at 42.2% of the annual budget for this "second quarter" of the year
with Personal Services at 48.7% and Materials and Services at 50.7% of budget. The higher
M&S includes some seasonal and one-time expenses that have caused the percentage spent
to grow beyond the half-way mark. These will some into line during the last half of the fiscal
year. In general this is acceptable but it indicates there will probably be greater reliance on
Contingency funds since many actual cost categories are so very close to budget.
Total Operating Expenditures are at 50% with some annual costs and debt service being paid
in the first half of the year. Excluding pre-payments, being at the 50% mark would indicate
that most activities and related expenses have occurred evenly, leaving little room for error
going into the last half of the year.
Capital Outlay is $1,309,555 or only 12.1 % of the annual budget as compared to last year's
$555,824 year-to-date. This represents both construction and capital equipment purchases.
Since no financing has been done, capital expenditures represent decreases in reserves.
Budoetarv Reouirements activity includes the $158,429 Transfer Out mentioned above. City-
wide Contingency is unused at $1,813,041, however, there are plans to transfer some of
Contingency to cover costs in the Legal department. Staff is reviewing other needs for
transfers in many departments and funds in the third and fourth quarters to ensure budget
compliance for the year.
The Schedule of Revenues by Fund provides an overview of total resources by fund for the
year. It is too early in the year to make definitive predictions since many funds include
financing or seasonal revenue streams that have not occurred as of the date of this report.
Page 2 of6
~.l'
More telling information is found later in this report in the individual fund narratives to help the
reader get a "sense" of how the year is progressing.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget
basis by fund consistent with the resolution adopting appropriation levels in the budget
compliance section of the document. At the half-year mark a 50% target should be
considered for budgetary categories that operate all year long. Seasonal activities such as
capital improvements, debt service and granting may be considerably higher or lower than
the target.
Total appropriations were increased by supplemental budgets recognizing additional
resources such as grants and miscellaneous revenues. At the time of this report two
resolutions have been approved to change the budget and several more will be presented in
February or March.
An overview by fund is as follows:
General Fund - Total revenues are 62% and expenditures are 48% with none of the
budgeted $506,541 in Contingency used. Charges for Services are 54% and taxes are 65%
of budget, respectively. Taxes exceed the 50% mark for multiple reasons but primarily due to
the majority (89% of budget) of property taxes received to date. The General Fund budget
has been amended to fund department expenditures twice recognizing forfeited revenue and
grants.
Administration, Social grants, Economic & Cultural grants, Municipal Court, Miscellaneous
expenses, City Band and the Fire & Rescue are above the 50% mark due to seasonal,
contractual or unanticipated expenses but are expected to come in at or below budget by
year end. All other departments and divisions are under the half-way mark but many are very
close, indicating uncertainty about budget compliance without Contingency transfers later in
the year. The annually budgeted $500 transfer to the Cemetery Trust Fund has been done.
CDBG Fund - Revenue of $85,987 has been received representing reimbursement from priof
periods with $76,949 in expenditures recorded, resulting in an increase to EFB of $9,068.
Reserve Fund - The fund has received $805 in interest but no transfers were budgeted in FY
2010-2011.
Street Fund - Cash flow is negative (-$175,091) despite expenditures being only 24% of
budget at this point. A part of this is work toward the Jefferson Street extension with no or
limited reimbursement of state monies to date. No project borrowing has been done since
most capital projects are on hold or funded by other sources.
Airport Fund - Operational revenue exceeds expenditures by $1,314 with hangar rentals at
52.7% of budget. No capital work is budgeted this year in the fund. Also, the large federal
grants are now managed through the CIP Fund. Half of the hangar debt service has been
paid.
Capital Improvements Fund - Total Revenues are at only 22.5% in that only $4,734 of the
Intergovernmental Revenues budget of $1,710,000 have been received to date. The
budgeted amount is federal grants for airport improvements. The related project costs are
small but will increase rapidly as work is done on the runways. Public Works - Facilities'
Page 3 of6
~~,
personnel and supplies costs are both under 50%. This fund is doing well as long as
financing solutions are identified in advance of Capital Improvements being made.
Debt Service Fund - Revenues to date are $221,835 more than debt service payments made
so far. All transfers from other departments to fund debt payments are at the 50% mark
except for the $700,000 from the Telecommunications Fund. All $700,000 has been paid to
ensure the Debt Service Fund is not up-fronting the debt load from its reserves. Debt service
payments are at $1,395,218 (51.6%) of budget. Ending Fund Balance is $984,034 but will
decrease to approximately $800,000 (close to budget) by year end. Added revenue is
needed to meet all debt service requirements in FY 2011-2012.
Water Fund - Revenue from water sales has remained flat despite the 8% increase
implemented last spring. Cool wet spring and summer months negatively impacted this fund.
The irrigation surcharge may have had a similar negative effect on revenue but the positive
side was it probably helped to avoid using curtailment rates to get through the late, hot
weather. Unrestricted reserves are small ($305,000) when compared to the SDC balance of
$1.528 million. Water expenditures are at $2.872 million while total resources are about
$19,000 less than that. All divisions are below the 50% mark except for those relating to debt
service. No borrowing has been done this year and most capital projects are on hold until
cash availability and financing has been determined.
Wastewater Fund - Revenues exceed Expenses by $210,720 with only a fraction of the DEQ
annual debt service made. The $16 million was refinanced for a significant savings over the
long-term but this fund will have to shoulder the costs of refinancing for gaining savings in this
year. A budget adjustment is normal when a refinancing is done and staff is preparing a
supplemental budget for February or March. Nominal growth in food & beverage tax revenue
will soon ( in two years?) generate enough proceeds to pay the annual debt service
requirement. Last year the fund was upside down, revenues to expenses, at the half-way
mark by $271,000 (a negative cash flow closely approximating the shortfall between tax
proceeds and debt service) so we are seeing an improvement in this fund's operational
conditfon. There remains concern about funding any capital improvements beyond the
significant SDC balance of $1.9 million and the amount of cash to be held to ensure debt
service payments. All divisions are below the 50% mark except the Treatment Division that
funds the filter screen replacement. Capital projects have been delayed awaiting master plan
review and financing decisions.
Electric Fund - Total Expenses are above Revenues by $354,556 (negative cash flow) with
the Ending Fund Balance at $1.7 million. The shortfall should be corrected by lower
wholesale power costs in the spring. This better EFB and the potential for savings in the
coming months afforded the city the ability to not raise rates this year. However, such a
move will reduce revenues over time and may cause difficulty in funding capital
improvements or precipitate larger than desired rate increases when wholesale power rates
rise. The Conservation Division is at the 60% mark due to funding many conservation loans
for residences and commercial accounts in that program. Supply and transmission costs are
higher than the prior year and budget but are expected to still come in below 100% by year
end. The Distribution Division is at 45.2% because some capital intensive work has not yet
started.
Telecommunications Fund - Revenues are 49.7% and expenses are 66.6% of budget m'ark.
The negative cash flow (1$739,562) is $110,000 ahead of the budgeted decrease and
Pa~e 4 of6
~:.,
$700,000 of it is the debt service transfer. That amount is $344,000 greater than the
contribution made last year. The Internet Division is at 59.1 % of budget representing
significant ($180,000) expenditures on capital. Only $39,000 of the budget is left for such
expenditures in the last half of the year so management of the budget is expected to bring it
back into line by year end. EFB is $213,753 or 75.9% of budget at this time.
Central Services Fund - Revenues and Expenditures are near breakeven with $42,204 in
negative cash flow for the first half of the year resulting from revenues at 48.8% and
expenditures at 48.1 % of budget. The fund balance was budgeted to drop $173,770 for the
year so the fund is doing better than expected. Carry forward from the prior year was
$22,457 better than projected. Administration and IT are above the 50% mark and will
require close monitoring of expenditures through year end. In January, Council approved a
$50,000 transfer from Contingency to the Administration - Legal Department to cover
unanticipated costs.
"
Insurance Services Fund - Expenses total $413,851 (45.6% of the amended budget)
including annual premiums being paid in the first two quarters. The low percentage is due to
credits toward premiums caused by good claims history and a Best Practices level program
for safety and risk management. Revenue to date is $353,242 (52.9% of budget). EFB is
stable and above the amount budgeted but extremely low when compared to the amount and
types of activities the City operations involve. The City should increase this reserve
whenever possible due to changes occurring in the liability and workers compensation
industries.
Equioment Fund - Revenues are $976,790 or 47.7% of the budget. Expenditures to date are
$589,635 or 24.4%. It appears the Maintenance Division (shop) costs are well funded by
internal charges and that capital purchases are lagging, probably due t6 the length of time it
takes for some specialty equipment to come in. Thus, the EFB is down from prior years but
is rebounding to necessary levels, increasing the sinking fund balance for equipment
replacement, including sewer plant filters.
Cemetery Trust Fund - Charges for Service are 68.9% of budget. Interest earnings are at
23.1 %. Monthly Interest earnings are transferred to the General Fund during the year and
were intentionally estimated high to avoid the need for a budget adjustment comply with the
Ashland Municipal Code and Oregon Budget Law. The EFB is $822,068. Staff has a goal to
review the funding commitments and potential for changes to the requirements between this
fund and the General Fund Cemetery operations.
Parks and Recreation Fund - Revenues are ahead of Expenditures at this point by $1.8
million due to sizeable distributions of property taxes in November. Divisional expenses
average 45.9% of the budget with Charges for services at 54.6%. The $3.59 million ending
fund balance will continually drop through June and into October as expenditures funded by
property taxes reduce the amount. APRC has set this fund's target EFB at 25% of revenues
to ensure sufficient carry forward to tax distributions in the following November. It ended FY
2010 with adequate funds to do that.
Ashland Youth Activities Levy Fund - The levy ended three years ago. Any tax receipts and
disbursements relate to prior years and must still conform to the levy's requirements. Tax
receipts to date are $10,543, less than half received by this point last year. Expenditures
(payments to the schools) are $27,138 which reduces the EFB to under $6000.
Paj1;e 5 of6
~~,
Parks Caoitallmorovements Fund - Revenues for charges for service and interest earnings
are small and total $1,453. No Capital expenditures have been made this year but $70,000 is
budgeted. The EFB is $254,317 or 130% of the amount budgeted.
Unaudited. detailed balance sheets, revenues and expenditure reports and fund statements
are available for your review in the Administrative Services Department office should you
require any additional information.
.
Page 6 of6
~.t. 1
City of Ashland
Summary of Cash and Investments
December 31, 2010
Fund
Saltine!;'
December 31, 2010
Balance
December 31, 2009
Gel'el,~: Fun;]
4,l;o75B3
3,978,903
;;
Community fJoc~, G12n\ Fupd
R.::servt', Fund
Street Fund
3'1,141
':,149
lA9.(j:jG
3').739
2_60f;_63<~
2.537 '1'iD
krport Fued
C<l0'til\ 1rrprovemeo!s rune
DD!;! Service Fend
3:6,::(
8,224
2AU)13
1.Gi:Qi\Z)!.
97&,13;
536.753
'Jj~J'!,;/,
Wate;rU!1(l
\477,SBO
W;;sthvilter fund
:L5.1d1'l7
:',)70,350
[i2C!;i(fund
'T deoxnTllW'C;)\ions Fund.
Cemr,,! Sr:r'kes Fund
il'Sc;lJnW Sevlt.Ais hmc
Equipm~n\ [l,it'll:!
1,2S:,.IHCi
80390
324,8[)7
C70913
J95,119
3\3318
B65,S:)6
sc,s co.;'
2. )46,150
^i2'1J442
\-i;Q?oe
CC"H~:ei-Y T rust hind
Change From
FY 1010
s
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City inveslments
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City of Ashland
Statement of Revenues and Expenditures - City Wide
For the sixth month ended December 31, 2010
Fiscal Year 2011 Percent Fh.c:al Year 2010
Year- To-Datc Fiscal Year 201 1 Collected f Ye~r.To.Oate
Re-5ourte Summary Actuals Amended Expended Balance Actuals
Revenues
Taxes $ 12,331,427 \ 18,.153.630 56,8% $ (6,132,253) 11,875,670
Licenses and Permits 254,<50 388,3?S (hlj,5% {133,875} 135,113
Intergovernmental Re.enues 1,008,617 6.739,530 150% (5,731,013) 889,659
Charges for SefVlCeS . Rnte 8. lnternai 18,915,240 30,999.400 51.1% (18,08A 160) 18.215.640
Charges lor Services. Misc. Service lees 242.726 516,396 1..70% (773,670) 167,198
System Oevelopmerli Charges 158.741 158,575 1001% 171 1/.0,156
Fines and ForteilUres 84,645 165}OQ 51.2% (8O,5SS) 93,863
Assessmenl Payments 10.813 7.1.95 145,1% 3.378 2.496
Interest on Investments 131.313 175.2% 74,9% (43,983) '08,885
Miscellaneous Revenues 141,803 411,589 59.0% (1680/86) 307.544
Total Revenues 33,3BO,843 64.015,587 52,1% (30,644,146) 31,136,924
Budgetary Resources:
Other Financing SOtHces 314.400 "':,047,$% oJ)":-/';; (J,71:l2S6)
lnlertund Loans 2OS.000 0.0% (208,000) 8lI,000
Transfers In 158,429 i'25.50J 21.8% (568,074) 248,265
T olBI8udgel1"lf)' Resources 482,829 4,982.199 (U% fl,499,370) 318,265
Total Resources 33.863,872 69,007,785 49.1% (35,144,116) 32,465,189
Requirements by Classification
Persona! Services 11.391,122 23,405,:51 <187% 12,01,1,1i9 11,287,155
Materials and Sen'lCcs 15,010,417 29,63.t2B7 50)% 14,613,850 14,398,355
DebtSe:vice 1,609,792 5)57,5&8 453% 3,147,795 3,316,589
Total Operating Expenditures 29,021,341 58,797,126 49.4% 29,775,785 29,002,099
CapilalConstructJon
Capital Outlcrl' 1,309,555 10,181.39,1 12Yk 9.411.839 ' 555,824
lnlr:rlune loans 108.003 0,0% 108,000 8lI,OOO
Transfers Oul 158,429 nS,s03 2'i.8% 568,074 148.165
Contingencies 1,813,041 00% 1.813.041
Total Bucl9clary ReouirCfTlcnlS 158.419 1,747,544 5.$% 1,589,115 328.265
Total Requlremont$ 30,489,325 72,325,064 42.2Y, 4'.836.739 29,aas,188
Excess {DefICIency) 01 Resources over
RequiremenlS 3.374,3-17 (3~318,27B} 201.7% 5.692,625 1,519,001
Woo.ing Capital Carryover 22.3<J7,171 20.734.34-5 107.6% 1.572.923 19.935,261
Unappropriated Ending Fund Balance $ 25,681,6'8 $ 11,4'~,070 147.50/. $ B,265,548 $ 22,5'4,163
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2
City of Ashland
Schedule of Revenues By Fund
FOf the sixth month ended December 31,2010
Fiscal Veaf 20t1 Fiscal Veaf 20tO
Vear.To-Dale Fiscal Year Percent to Vear.To-Oate
Revenues by Fund Actuals 201 t Amended Budget Balance Actuels
City
General Fund S 9134,999 $ 14,681,274. 62,2% S (5,546,2(4) S 8.702,596
Community BlocK Granl Fund 85,987 d 13,116 208% (327.129)
ReSBrve Fund 80, 1,000 30BJfi1 (195) 86,739
Slreet Fund 1,<;9iJ,025 6340723 23.7% (4,340697) 1,542786
Airport Fund 55,629 105,325 52-8% (49,696) 50, 138
Capita! Improvements Fund 749,295 3,3J2.200 22.5% (2,582.905) 748,661
Debt Sorv,ee Fund 1,620053 2754.94J 58,3% (1,134,890) 1.270,878
Water Fund 2,852,675 7.868.3501 36,3% (5015,679, 2,817,255
Wastewater Fund 2648,869 5,420,831 48.9\"/(\ (V71,962! 2,220,127
Electric Fund 5,986,095 12,608.700 47,5% (6,622605! 6.214,271
Telecommunications Fund 937.118 1,986,903 49,1% (949,782) 912.776
Cent,al Services Fund 2,854,723 5,851,520 48$% (2,996.797) 2,845,971
Insurance Services Fu~d 353.242 668,000 52.9% (314,758) 344,698
Equipment Fund 976.790 2,047,200 47,7% (1,970A10! 732.267
Cemetery Trust Fund 18,882 40,500 46.6% (21,618) 13,172
Total City Components 29,775,177 64,020,586 46,5% (34.245,401) 28.502,246
Parks and Re-creation Component
Parks and Recreation Fund 4,076.499 4,927,700 82J% (851,201) 3,936,574
Ashland YOlJth Adhtilies Levy Fund 10,543 25.000 42.2% (14457) 22,020
Parks Capitallmprovemenl Fund 1.453 :\4,500 4,2% (33,048) 4,349
Total Parks Components ,4,088,495 4.981,200 82,0% (898,105) 3,962,943
Total City 33,863,672 69,007,786 4901% (35,144,114) 32,465,189
Working Capital Carryover 22,307.211 20.734,348 107,6% 1.572.923 19,935,262
Total Budget $ 56,170,943 5 89,742,134 62.6% 5 m,571,191) $ 52,400,451
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City of Ashland
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26, 2010-30
Forthe sixth month ended December 31. 2010
Fiscal Year 2011
Year-To. Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
General Fund
Administration S 96,003 S 191.284 50,2% S 95281
Administration. library 177,566 365,740 48,5% 188.174
Administration. Municipal Cout1 216,141 421,986 51.2% 205,845
Administf3tive Services - Social Services Grants 118.488 120,342 98.5% 1,854
Administrative Services. Economic & Cullural Grants 362.080 591,240 51,2% 229,160
Adrninistrative Services. Miscellaneous 24.275 45.000 53.9% 20.725
Administrative Services. Band 35,819 57.619 62.2% 21.800
Police Department 2,617.879 5,581.235 46.9% 2963,356
Fire and Rescue Departmenl 2,669,095 5,280,363 50.5%, 2.61 i.268
Public Works. Cemetery Division i53,547 312.525 49.1% 158.978
Community Development. Planning Division 555.632 1,186,027 46.8% 630,395
Community Development - Building Division 280,259 849.(}!6 4J2% 368,787
Transfers 500 500 100,0%
Contingency 506,541 0,0% 506,541
Total General Fund 7,30/,285 15.309.448 47.7% 8.002,163
Community Development Block Grant Fund
Personal Services 234 41,556 0.6% 41,322
Materials and Services 76,715 371.560 20,6% 294.845
Total Community Development Grant Fund 76,949 413, i 16 .18.6O/e 336,167
Street Fund
Public Works - Street Operations 1,276,891 4,626.259 27,6"/0 3,349,358
Public Works. Storm Waler Operations 276,575 655,528 42.2% 378,953
Public Works. Transportation SDC's 23.087 521,810 4..1% 498.723
Public Works. Storm Water SDC's 5.474 95,555 5:1% 9{),081
PublIC WOftS . locallrnprovemenl Districts 93.090 533,938 HAC:; 440.848
Transfers 74,000 0.0% 74,000
Contingency 93,000 O.O~ 93,000
Total Street Fund 1,675,117 6,994.090 24.0% 5,318,973
Airport Fund
Materials and Services 35,047 58.750 59J% 23,703
Debt Service 19,268 43,537 44.3% 24,269
Contingency 5,000 0.0% 5,C<)0
Total Airport Fund 54.315 107.287 50.6% 52,972
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4
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26, 2010-30
For the sixth month ended December 31, 2010
Fiscal Year 2011
Year.To-Oate Fiscal Vear 2011 Percent
Actual! Amended Used Balance
Capitallmprovements Fund,
Public Works - F acililies 291.409 2,802,752 10.4% 2,511343
Administrative Services. Par,s Open Space 400,000 0,0% 400,000
T ral1sfers 153,318 632.003 243% 478,585
OD,.r Fmancing Uses Ilnlertund loan) 208,000 00%1 208,000
Contingency 50,000 00% 50,000
'Total Capitallmprovement$ Fund 444.727 4092,755 iO.9V" 3,548,028
Debt Service Fund
Debl Servic€ 1398.215 2,701.798 51.5% 1,309,580
Total Debt Service Fund 1.398,218 2.707.798 5t6% 1,309,580
Water Fund
Electric. Conservation 84,460 113,565 4801% 89,105
Public Woli<s - Forest lands Management Division 163,972 440,178 37.3% 276,206
Public Wol'f.s. Waler Supply i39,975 826.056 23,0% 630,081
Public WOfXS - Water Treatment 472,906 1.073,597 44,0% 600,691
PubliC Works. Water Diviskln 1.206,457 2.439,533 49,!)% 1,233,016
Public Works. Reimbursement sac's 81852 231,000 363% 14/,148
Public Works. Improvement SOG's 44,684 227,500 196(;;~ 182,816
Public Works. Debl SOCs 111.785 124,995 89.4% 13,230
Contingency 150,000 0,0% 150,000
Total Water Fund 7,871,636 6,322,291 45.4% 3,450,654
WasteWater Fund
Public Works ~ Wastewater Collection 784,378 1.841,808 42A% 1,063.430
Public Works. Wastewater Treatment 1 039,095 2.018,245 51.5% 979,149
Public Works. Reimbursements SDC's 226 21,250 11% 21,024
Public Works . Improvements SOC's 85,103 553,500 \5Nk 458,397
Debl SaNi", 529,346 1,826,554 2fLO% 1,297,208
Contingency 151,000 0,0% 151.000
Total Wastewater Fund 2,438.149 8,418,357 33,ocii: 3,980,208
Electric Fund
Electric - Conservation Division 302,899 504421 60.0% 201,522
Electric. Supply 3.013,500 5.585,204 54.0% 2,571.704
Electric ~ Distribution 2,535,627 5,608,981 452% 3,073,354
Electric - T ransmlssion 465,282 900,000 51.7% 434J18
Debl Service 23,343 24,837 Q.O% 1.494
Contingency 378,000 0.0% 318,000
T olal Eleclric Fund 6,340,651 13,001,443 48.8% 8.6130.192
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5
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26, 2010-30
For the six1h month ended December 31. 2010
Fiscal Year 2011
Year-lo.Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
820,974 1,388,389 59,1% 567,415
155.706 377.816 4L2% 222.110
700,000 700.000 100.01>/1>
50,000 0.0% 50,000
1,676,680 2.516,205 56.6% 839,515
Telecommunications Fund
IT . Internet U
11 . H'gh Speed Access
Debt. To Debt Service Fund--
Contingency
Total. 1 eleeommunlcations Fund
.. Note: In Internet appropriation
Central Services Fund
Administration Department
IT . Computer SeMces Division
Administrative Services Oepartmenl
City Recorder
Public Wor1l;s. Administration and Engineering
Contingency
Total Equipment Fund
695.665 1,312.309 53.0";" 616,644
594,673 1,149,409 51.7% 554.736
840.733 1.692,363 .19.7% 851,630
149,992 305.725 49.1% 155.733
615.864 1,369.984 44.3% 774.110
175.500 0,0% 175.500
2,696,927 6.025,~0 48,1% 3, 128,363
38..146 77.29Q 49.7% 38,844
375,405 680,803 55.1% 305,398
150,000 0.0'% 150,000
413,851 908,093 456% 494.242
477.787 991.374 48.2% 513,587
111.648 1,374,500 8.1% 1.262,652
54,000 00% 54,000
569,635 2,419,874 24.4% 1.830.239
4,611 20,000 23.t~1l 15,389
4,611 20,000 23.1% 15,389
Total Central Services Fund
Insurance Services Fund
Personal Services
Materials and Services
Contingency
Total Insurance Services Fund
Equipment Fund
Public Works. Maintenance
Public Works. Purchasing and ACQuisition
Contingency
Cemetery Trust Fund
Total Cemetery Trust Fund
Transfers
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6
Schedule of Budgetary Compliance Per Resolution #2010-16
As Amended by Resolution # 2010-26, 2010-30
For the sixth month ended December 31, 2010
Fiscal Year 2011
Year-le-Date Fiscal Year 2011 Percent
Actuals Amended Used Balance
Parks and Recreation Fund
Parks Division 1.558.145 3.417.482 45.6% 1.859.337
Re<::reation Division 540.199 1.074.672 50.3% 534.473
Gall Division 175.088 415.507 42.1% 240.419
Contingency 50,000 O.if!" 50.000
Total Parlc.$ and Recreation Fund 2.273.433 4,957.661 t5.9% 2.684.228
Youth Activities Levy Fund
Materials and Services 27,138 42,356 64.1% 15.218
Total Youth Activities Levy Fund 27.138 42.356 64.1% 15.218
Par1l., Capltallmprovement Fund
Capital Outlay 70,000 0.0% 70.000
T atal Parks Capital Improvement Fund 70.000 0.0% 70,000
Total Appropriations 5 30.489.325 5 72,326.064 42.2% $ 41.836.739
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7
City of Ashland
Schedule of Expenditures By Fund
December 31,2010
Fiscal Year 2011 Fiscal Year 2010
Year-To-Oate Fiscal Year Percent Year-To-Date
Requirements by Fund Actuals 2011 Amended Expended Balance Actuals
City Funds
Gerl€ral Fund S 7,307,285 S 15309,448 477% 5 8.002.163 S 7,203,969
Communily Block Grant F "nd 76,949 413,116 18,6% 336,167 66,845
Reserve Fund NiA
StreelFund 1,675.117 6994.090 2,tO% 5318.973 1.316,585
Alfport Fund 54.315 107,287 50.6% 52,972 140,178
Capital Improvements Fllnd 444J27 4092,755 10.9% 3.648,028 546.830
Debl Service Fund 1.398.218 2,707.798 51.6% 1,309.580 1.805.292
Waler Fund 2,871,838 6,322,291 45.4% 3,450653 2,674,826
Wastewater Fund 2,438149 6,418357 38.0% 3,980,208 2,491.103
Electric Fund 6,340,651 13,001,443 48.8% 6,660.792 6,537,958
T elocomrHufllcatioos Fund 1,676.580 2,516,205 556% 839,525 1,018,479
Central Services FlInd 2,896,927 6,025,290 48_i% 3,128,363 2.869,926
Insurance Services Fund 413.851 908,093 45,6% 494242 482,544
Equipment Fund 589,635 2.419,874 24.4% 1.830.239 365,300
Cemetery T rusl Fund 4,6i1 20,000 23."1% 15.389 4,219
Total City Components 28,188,754 67,256.047 419~!<) 39,067,294 27,524,055
Parks and Re<:reation Component
ParJ.;s and Recreation Fund 2,273.433 4,957661 4S_9?j" 2,684,228 2.362.133
Youth ACllvlties levy Fund 27,138 42,356 54,1% 15.218
Parlts Capital Improvements Fund 70,000 0.0% 70,000
Total Parks Components 2,300,571 5,070,017 45.4% 2,769,446 2,362.133
T otol Requirements by Fund 30,489,325 72,326,064 42.2tlf(l 41.836,740 29,886.188
Ending Fund Balance 25681,618 i7 A HS,CiO 147,5% 8,265548 22.514,263
Total Budget $ 56,170,943 $ 89,742,134 62.6% $ 50,102,288 $ 52,400.451
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8
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Professional Services Contract for the 'B' Street
Soil and Groundwater Monitoring Project
February 1,201 I Primary Staff Contact: James H. Olson
Public Works E-Mail: olsoni{al,ashland.oLus
Finance Secondary Contact: Michael R. Faught
Martha Bennet Estimated Time: Consent
Question:
Wil1 the Council approve a contract with JBR Environmental Consultants, Inc. to conduct soil and
groundwater monitoring on City owned property at 1097 'B' Street?
Staff Recommendation:
Staff recommends that the Council approve a contract with JBR Environmental Consultants, Inc. to
conduct soil and groundwater monitoring on City owned property at 1097 'B' Street.
Background:
On October 19,2010 the Council authorized staff to solicit proposals for soil and groundwater
monitoring at 1097 'B' Street. A request for proposal was advertised on November 22,2010. In
response to that request, five proposals were received on December 22,2010. Fol1owing a review of
the five proposals by engineering staff, JBR was selected as the top ranked firm. The contract, if
approved by Council, would be for $45,000 over a two-year period.
Proiect Description
The City owned property at 1097 'B' Street was acquired from several different sources including
Jackson County, Central Oregon and Pacific Railroad and private individuals, and includes the
fol1owing four tax lots:
1. 391E 9AA- 1900
2. 391 E 9AA - 2500
3. 391E9AA-2600
4. 39IE9AA-2700
"-
The first of these parcels was acquired in 1987 and the last parcel was acquired in 1996. The largest
parcel was acquired in I 993 from Jackson County. Several of these properties including the one
acquired from Jackson County and from the railroad had a long history of petroleum storage and
distribution. As early as 1928 the area was used by the Standard Oil Company as a fuel storage
facility. During the years that the property was owned by Jackson County, underground fuel storage
tanks (UST) were in use. When the City acquired the property, the USTS were decommissioned in
place and were later removed entirely.
During the construction of a new equipment storage facility in 2000, the excavation uncovered
groundwater with a petroleum sheen. DEQ was notified and soil and water samples were taken from
Page 1 of3
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CITY OF
ASHLAND
three test pits. Gasoline and diesel fuel range hydrocarbons were noted in sufficient quantity that DEQ
identified the area as a cleanup site (USTC # 15-00-0024).
In 2007 the City hired Cascade Earth Sciences (CES) to complete a data compilation and prepare a
preliminary work plan. This effort culminated in February 2008 in a report which was submitted to
DEQ. The report identified the amount of contamination noted and listed the next steps needed to
complete the cleanup efforts.
The current contract to be awarded to JBR will continue the efforts identified in the 2008 report to
secure a finding by DEQ of "No further Action". The JBR proposal will include the following tasks:
I . Soil and Groundwater Characterization
This task will. involve further sampling and testing, development of a final work plan and a site-
specific health and safety plan. If DEQ requires the use of groundwater monitoring wells, they
will be installed under this task.
2. Quarterly Groundwater Monitoring
If monitoring wells are installed, JBR will sample groundwater from the wells and report to the
City and DEQ on a quarterly basis.
3. Risk-Based Corrective Action Plan/Closure Report
Upon completion of the quarterly groundwater monitoring program, JBR will prepare a risk-
based corrective action plan/closure report.
4. Groundwater Monitoring Well Decommissioning and Waste Disposal
Upon completion of the project and with approval by DEQ the wells will be decommissioned
and the ground surface returned to it's "before action" condition. All contaminated material
will be removed and properly disposed of.
Proposal Reviews
On December 22, 20 10, five proposals were received for the detennination of the magnitude and
extent of contamination at the 'B' Street yard. The proposals were reviewed in accordance with the
criteria set forth in the RFP by a te<)m consisting of Jim Olson, Pieter Smeenk and Morgan Wayman.
Each proposal was reviewed and scored independently. The scores from the three reviewers were then
combined to detennine the top ranked firm. Following are the results of the scoring:
I. JBR Environmental Consultants, Inc. 271 points.
2. BB&A Environmental 256 points
3. Katalyst, Inc. 251 points
4. Stantec Consulting Corp. 238 points
5. Pump Pipe and Tank Services 170 points
Proposal costs ranged from $39,000 to $104,000 with the JBR proposal being $45,000.
Contract
The proposed contract is a "time and materials, not to exceed" contract, meaning that the consultant
will be paid for his time and materials expended on the job up to a maximum specified amount. The
contract is a two year contract with provisions for additional extensions if that may be required by
DEQ. .
Page2of3
~.l'
CITY OF
ASHLAND
The $45,000 contract anticipates a "worst case" scenario and includes several optional items that may
or may not be required by DEQ. This project is included in the City's capital improvement plan as
well as the current and proposed budget.
Consequences
Failure to approve a contract for this work may trigger DEQ punitive actions as they have mandated
that this work be completed as quickly as possible. Acceptance of another one of the five proposals
will necessitate a re-review of all five proposals with a new review team, further delaying this work.
Related City Policies:
Ordinance 3013, enacted on May 19,20] 0, establishes certain rules and guidelines pertaining to public
contracting and personal service contracts. The ordinance also adopted the Oregon Public Contracting
Code and Attorney' General's Model Rules for public contracting.
Council Options:
. The Council may approve the award of a professional services contract to JBR Environmental
Consultants, Inc.
. The Council may decline to approve a contract with JBR Environmental Consultants Inc.
Council Motions:
. Move to approve the award of a professional services contract to JBR Environmental
Consultants, Inc.
. Move to deny the award of a professional services contract to JBR Environmental Consultants,
Inc. I
Attachments:
. Contract with proposal
",
Page} of 3
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CITY OF CONTRACTOR: JBR Envininmenta] Consullants,
ASHLAND Inc.
20 East Main Street CONTACT: Rebekah Brooks, RG
Ashland, Oregon 97520 ADDRESS: 8484 Crater Lake Ave.
Te]ephone: 54]/488.6002
Fax: 541/488.5311 White City, OR 97503
TELEPHONE: 541-770-6977
DATE AGREEMENT PREPARED:
1/25/20] ] FAX: 54]-770-70]9
BEGINNING DATE: 2/1/201] COMPLETION DATE: 2/1/2013 ·
COMPENSATION: Time and materials not to exceed $45,000 (see proposal attached as
exhibit C).
GOODS AND SERVICES TO BE PROVIDED: Determination of the magnitude and extent of
contamination in soil and groundwater at 1097 'B' Street. (See proposal attached as exhibit C
for a full description of the scope of services.)
ADDITIONAL TERMS: · Contract limits may be extended depending upon DEQ
rcquirements.
-
NOW THEREFORE, pursuant to AMC 2.50.120 and after consideration of the mutual
covenants contained herein the CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all personal services and shall at its
own risk and expense, perform any work, and furnish all labor, equipment and materials
required for the work described above and in the RFP Determination ofthe Magnitude and
Extent of Contamination in Soil and Groundwater at ]097 'B' Street, Project no. 2006-26.
2. Qualified Work: Contractor has represented, and by entering into this contract now
represents, that all persOlme] assigned to the work required under this contract are fnlly
qualified to perform the work to which they will be as~igned in a skilled and worker-like
manner and, if required to be registered, licensed or bonded by the State of Oregon, are so
registered, licensed and bonded. Contractor must also maintain a current City business
license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and
specifications, no later than the date indicatcd above and start performing the work under
this contract by the beginning date indicated above and comptete the work by the
completion date indicated above.
4. Compensation: _City shall pay Contractor for the specified goods and for any work
performed; including costs and expenses, specified above or in Exhihit !:;. Payments shall
be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of
termination. Compensation under this contract, including all costs and expenses of
Contractor, is limited to $45,000.00, unless a separate written contract is entered into by
the City.
Contract for Personal Services
G:\pub.wrks\eng\())"26 B StYard Tank Closure\adm\RFP\D6 26 JBR C<lntractdoc
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract
shall be the property of City.
6. Statutory Requirements: ORS 279B.020, 279B.220, 279B.225, 279B.230, 279B.235, ORS
Chapter 244 and ORS 670.600 are made part of this contract. Contractor shall comply with
these and all other federal, state and local laws and regulations applicable to the work
under this Contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the
amount ofthis contract is $]8,703 or more, Contractor is required to comply with chapter
3.12 of the Ashland Municipal Code hy paying a living wage, as defined in this chapter, to
all employees performing work under this contract and to any subcontractor who performs
50% or more ofthe work under this contract. Contractor is also required to post the notice
attached hereto as Exhibit B predominantly in areas where it will be seen by all employecs.
8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers,
emp]oyces and agcnts harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including
injury resulting in death), or damage (including loss or destruction) to propcrty, of
whatsoever nature arising out of or incident to the performance of this contract by
Contractor (including but not limited to, Contractor's employees, agents, and others
designated by Contractor to perform work or serviccs attendant to this contract).
Contractor shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the
negligcnee of City.
9. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutua]
consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon
30 days' notice in W1iting and delivered by certified mail or in person.
c. For Cause. City may terminate or modiry this contract, in whole or in part,
effective upon delivery of written notice to Contractor, or at such later date as may be
established by City under any of the following conditions:
i. ]f City funding from federal, state, county or other sources is not
obtained and continued at levels sufficient to allow for the purchase of
the indicated quantity of services;
11. If federal or state regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this contract or are no longer eligible for
the funding proposed for payments authorized by this contract; or
111. If any license or certificate required by law or regulation to be held by
Contractor to provide the services required by this contract is for any
reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
I. Either City or Contractor may terminate this contract in the event of a
breach of the contract by the other. Prior to such termination the party
seeking termination shall give to the other party written notice of the
breach and intent to terminate. Ifthe party committing the breach has
not entirely cured the breach within 15 davs of the date of the notice. or
G;\puD-wrks\eng\lJ6.26 B St Yard Tank Closure'adm\RFP\06 26 JBR Coo_doc
within such other period as the party giving the notice may authorize or
require, then the contract may be tenninated at any time thereafter by a
written notice of termination by the party giving notice.
II. Time is of the essence for Contractor's performance of each and every
obligation and duty under this contract. City by written notice to
Contractor of default or breach may at any time terminate the whole or
any part of this contract if Contractor fails to provide services called for
by this contract within the time specified herein or in any extension
thereof.
Ill. The rights and remedies of City provided in this subsection Cd) are not
exclusive and are in addition to any other rights and remedies provided
by law or under this contract.
e. ObligationlLiability of Parties. Termination or modification of this contract
pursuant to subsections a, b, or c above shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, cord of this section, Contractor shall immediately
cease all activities under this contract, unless expressly directed othelwise by City in
the notice of termination. Further, upon termination, Contractor shall deliver to City all
contract documents, information, works-in-progress and other property that are or
would be deliverables had the contract been completed. City shall pay Contractor for
work performed prior to the termination'date if such work was performed in
accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an
employee of the City. Contractor shall have the complete responsibility for thc
performance of this contract and for any federal or state taxes applicable to payments under
this contract. Contractor will not be eligible for any federal Social Security, state Worker's
Compensation, unemployment insurance or Public Employees Retirement System benefits
from this contract payment, except as a self-employed individual.
11. Non-discrimination Certification: The undersigned certifies that the undersigned
Contractor has not discriminated against minority, women or emerging small businesses
enterprises in obtaining any required subcontracts. Contractor fm1her certifies that it shall
not discriminate in the award of such subcontracts, if any. The Contractor understands and
acknowledges that it may be disqualified from bidding on this contract, including but not
limited to City discovery of a misrepresentation or sham regarding a subcontract or that the
Bidder has violated any requirement of ORS 279A. l] 0 or the administrative rules
implementing the Statute.
12. Asbestos Abatement License: If required under ORS 468A.71O, Contractor or
Subcontractor shall possess an asbestos abatement license.
13, Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any
portion ofthe work without the written consent of City. Any attempted assignment or
subcontract without written consent of City shall be void. Contractor shall be fully
responsible for the acts or omissions of any assigns or subcontractors and of all persons
employed by them, and the approval by City of any assignment or subcontract shall not
create any contractual relation between the assignee or subcontractor and City.
14. Use of Recvclable Products: Contractor shall use recyclable products to the maximum
G:\pub.wrl<slerg\06-16 B Sl Yard Tank ClosureladmlRFP\0616 JBR Contractdoc
extent economically feasible in the performance ofthe contract work set forth in this
document.
15. Default. The Contractor shall be in default of this agreement if Contractor: conunits any
material breach or default of any covenant, warranty, certification, or obligation it owes
under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any
license, certificate or certification that is required to perform the work or to qualify as a
QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief
in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the
type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract. .
16. Insurance. Contractor shall at its own expense provide and maintain the following
Insurance:
a. Workei'sCompensation insurance in compliance with ORS 656.01~, which
requires subject employers to provide Oregon workers' compensation coverage for
all their subject workers
b. General Liability insurance with a combined single limit, or the equivalent, of not
less than $1,000,000, for each occurrence for Bodily Injury and Property Damage.
It shall include contractual liability coverage for the indemnity provided under this
contract.
c. Automobile Liability insurance with a combined single limit, or the equivalent, of
not less than $1,000,000, for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
d. Notice of cancellation or change. There shall be no cancellation, material change,
reduction oflimits or intent not to renew the insurance covcrage(s) without 30
days' written notice from the Contractor or its insurer(s) to the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of
AsWand, Oregon, and its elected officials, officers and employees as Additional
Insureds on any insurance policies required herein but only with respect to
Contractor's scrvices to be provided under this Contract. As evidence of the
insurance coverages required by this Contract, the Contractor shall furnish
acceptable insurance certificates prior to conunencing work under this contract.
The contractor's insurance is primary and non-contributory. The certificate will
specify all of the parties who are Additional Insureds. Insuring companies or
entities are subject to the City's acceptance. If requested, complete copies of
insurance 'policies; trust agreements, etc. shall be provided to the City. The
Contractor shall be financially responsible for all pertinent deductibles, self-insured
retentions and/or self-insurance.
17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's
conflict oflaws, rules or doctrines. Any claim, action, suit or proceeding (collecti vely,
"the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted
solely and exclusively within the Circuit Court of Jackson County for the State of Oregon.
If, however, the claim must be brought in a federal forum, then it shall be brought and
conducted solely and exclusively within the United States District Court for the District of
G:\pub-wrks\eng\06-26 B 51 Yard Tank Closure\adm\RFP\06 26 JBR Contract.doc
Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its
authorized representative, hereby consents to the in personam jurisdiction of said courts.
In no event shall this section be construed as a waiver by City of any form of defense or
inununity, based on the Eleventh Amendment to the United States Constitution, or
otherwise, from any claim or from the jurisdiction.
18. Arbitration. If any disputes; disagreements, or controversies arise between the parties
pertaining to the interpretation, validity, or enforcement of this Agreement, the parties
shall, upon the request of either party, submit such dispute to binding arbitration. Except
as othelwise provided in this contract, arbitration shall be requested by delivering to the
other party a written request for arbitration. Within five (5) days of receipt of such request,
the parties shall select a mutually agreeable arbitrator and designate mutually agreeable
rules of arbitration. If the parties cannot agree upon an arbitrator within five (5) days, an
arbitrator may be appointed by the presiding judge, Jackson County Circuit Court, upon
the request of either party submitted in accordance with ORS 36.310. If the pmiies have
not designated mutually agreeable rules of arbitration at such time as the arbitrator is
appointed, the arbitrator shall adopt rules for the arbitration. The arbitrator's decision shall
be binding upon the parties. '
The City and Contractor agree to a consolidated arbitration of such claims, disputes and
other matters in question between themselves regarding the project, with claims, disputes
and other matters in question regarding the project between and among the City,
. Contractor and the City's third parties designees and contractors and anyone else under
contract with the City or any other party to perform work or services related to the project.
Notwithstanding any dispute under this Agreement, whether before or during arbitration,
Contractor shall continue to perform its work pending resolution of a dispute, and the City
shall make payments as required by the Agreement for the undisputed portions of the
work.
19. Attorney Fees. If either party commences any arbitration, legal action, suit, or proceeding
against the other to rescind, interpret or enforce the terms ofthis Agreement, the parties
agree that the prevailing party shall be awarded reasonable attorney's fees and costs
incurred in any such arbitration, action, suit or proceeding and in any later appeals filed as
a consequence thereof. Such costs shall bear interest at the maximum legal rate from the
date incun'ed, until the date paid by the losing party.
20. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator
to be unenforceable, of no effect or in conflict with any law, the validity of the remaining
provisions and clauses shall not be affected and the rights and obligations of the parties
shall be construed and in force as if the Agreement did not contain the particular part, term
or clause held to be unenforceable.
21. THIS CONTRACT AND A IT ACHED EXHIBITS CONSTITUTE THE ENTIRE .
AGREEMENT BETWEEN THE PARTIES. NO W AlVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BJND
EITHER PARTY UNLESS IN WRITJNG AND SIGNED BY BOTH PARTIES. SUCH
WAIVER, CONSENT, MODIFICA nON OR CHANGE, IF MADE, SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC
PURPOSE GIVEN. THERE ARE NO UNDERSTANDJNGS, AGREEMENTS, OR
G:\pub-wrl<s\eng\ll6-26 B Sl Yard Tank CIosureladmlRFPI06 26 JBR Contract.cloC
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS
AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HElSHE
HAS READ THIS CONTRACT, UNDERSTANDSrr, AND AGREES TO BE BOUND
BY ITS TERMS AND CONDITIONS.
22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds
currently available and authorized for expenditure to finance the costs of this contract
within the City's fiscal year budget. Contractor understands and agrees that City's
payment of amounts under this contract attributable to work performed after the last day of
the current fiscal year is contingent on City appropriations, or other expenditure authority
sufficient to allow City in the exercise of its reasonable administrative discretion, to
continue to make payments under this contract. In the event City has insufficient
appropriations, limitations or other expenditure authority, City may terminatc this contract
without penalty or liability to City, effective upon the delivery of written notice to
Contractor, with no further liability to Contractor.
23. Prior Approval Required Provision. Approval by the City of Ashland Councilor the Public
Contracting Officer is required before any work may begin under this contract.
24. Certification. Contractor shall sign the certification attached hereto as Exhibit A and
herein incorporated by reference.
Contractor: City of Ashland
By By
Signature Department Head
Print Name Print Name
Title Date
W-9 One copy of a W-9 is to be submitted Funds appropriated for current fiscal year:
Jwith the signed contract.
Finance Director
Date
Approved as to form:
Purchase Order No.
Legal Department
Date
G:\puh-wrks\eng\06-26 a Sl Yard Tank Cbsure\adm\RFP\06 26 JaR Contracl.doc
EXHIBIT A
CERTIFICA TIONSfREPRESENT A TIONS: Contractor, under penalty of perjury, certifies
that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for
the number to be issued to it and (b) Contractor is not subject to backup withholding because (i)
it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue
Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest
or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding.
Contractor further represents and warrants to City that (a) it has the power and authority to enter
into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and
binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the
Contract shall be performed in accordance with the highest professional standards, and (d)
Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above
and authorized to do business in Oregon or is an independent Contractor as deffied in the
contract documents, and has checked four or more of the following criteria:
(I) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence
listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period
of one year.
(6) I assume financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and
omission insurance or liability insurance relating to the labor or services to be
provided.
Contractor
(Date)
G:\pubwrlsIeIYJ1li>-26 B Sl Yard Tank ClosureladmlRFPI06 26 JBR Contract.doc
EXHIBIT B
C I T Y 0 F ASH LAN 0, 0 REG 0 N
City of Ashland
LIVING
WAGE
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage,
..,;.
;r~. ..
Employees must be paid a I
living wage:
)> For all hours worked under
a service contract between
their employer and the City
of Ashland if the contract
exceeds $18,703 or more.
)> For all hours worked in a
month if the employee
spends 50% or more ofthe
employee's time in that
month working on a project
I3E!E per hour, effective June 30, 2010_
The Living Wage is, adjusted annually every
June 30 by the Consumer Price Index_
business of their employer, if
the employer has ten or more
employees, and has received
financial
assistance for the project or
business from lhe City of
Ashland in excess of $18,703.
)> If their employer is the City
of Ashland, including lhe
Parks and Recreation
Department.
)> In calculating the living
wage, employers may add
the value of heallh care,
retirement, 401 K and IRS
cafeteria plans (includ ing
childcare) benefits to the
amounl of wages received by
the employee.
)> Note: -Employee- does
not include temporary or
part-time employees hired
for iess than 1040 hours in
any twelve-month period.
For more details on
applicability of this policy,
please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488.6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
ASHLAND
G:\pub.wrks\eng\06-26 B $[ Yard Tank Closure\adm\RFP\06 26 1097 B Sl Soil Contamination RFP 1028 IO.doc Page 28
OJBR
Submitted to:
City of Ashland
Presented December 22, 2010 by:
JBR Environmental Consultants, Inc.
creating solutions for lodav's environment
Specialized Experience of Proposer
JBR Environmental Consultants Inc. - Capability and Resources
JBR Environmental Consultants, Inc. (JBR) appreciates the opportunity to present this proposal and cost
estimate in response to the City of Ashland's (City) Request for Proposal (RFP) for the "Determination of
the Magnitude and Extent of Contamination in Soil and Groundwater at 1097 'B' Streer' in Ashland,
Oregon (the site). JBR is a regional environmental and natural resources consulting firm providing a
broad spectrum of technical' services to govemment and industry since 1985. JBR's staff currently
includes more than 125 professionals of diverse education. training, and professional experience in 10
offices tocated in the western United States, including our office in Medford, Oregon Together, our staff
of scientists, engineers, and technicians has hundreds of years of collective professional experience
designing and conducting environmental investigations. What sets the JBR Team apart from others in
the business is our innovative "environmental business consulting" approach to solving our clients'
technical problems. This approach is based on developing solutions to environmental issues that are
consistent with our client's business goals and comply with existing regulatory framework. To this end,
our primary goal is to wmk with the City to solve your. environmental problems, not study them, and
represent the City's interests as environmental business partners and risk managers.
JBR, and in particular our Medford staff, has extensive experience investigating, remediating, and closing
underground storage tank (UST) sites in Oregon. Over the last 10 years, JBR has completed
environmental investigations at over 150 facilities In Oregon. JBR's knowledge of local conditions,
coupled with our ability 10 close sites in a timely, cost.effective manner, provides an essential combination
of skills and knowledge for completing this project. JBR has an excellent rapport with Oregon
Department of Environmental Quality (DEQ) staff, including Mr. Joe Klemz, the DEQ project manager for
this site, and is a strong advocate for our clients when developing future work scopes and regUlatory
agreements.
JBR is an Oregon licensed UST Service Provider (No. 16417) with a suite of technical staff that is
intimately familiar with risk-based assessments and closures, particularly at petroleum contaminated
sites. JBR has utilized DEQ's risk-based decision making process to close mOTe than 40 sites in Oregon
during the last 10 years.
Mr. Robert Bayer, JBR's Chief Executive Officer, Is authorized to represent JBR in any contract
negotiation which may result from this proposal.
Qualifications and Experience of Staff Assigned to Perform the
Requested Services
Proposed Staff and Time Commitments
JBR has assembled a team of highly qualified personnel who are fully capable of completing this
environmental investigation. JBR believes our innovative approach to this project will allow for the most
cost competitive and technically capable solution to the City's requirements. Below is a brief description
of our project team including their anticipated project duties and estimated time commitment to this
project Complete resumes for each of the staff listed below are included in Appendix A
It should be noted that the RFP issued by the City indicated that the project team must include an Oregon
registered geologist (RG) or professional engineer (PE) who has a current UST Soil Matrix Cleanup
Service Provider License issued by DEQ. JBR personnel discussed this requirement with both Mr. James
Olson from the City and Mr. Joe Klemz from DEO. The intent of the statement in the RFP was to ensure
that the contractor is a current UST Service Provider and that all work is to be completed under the
supervision of an Oregon RG or PE, which is required by DEO regulations when any geologic
interpretations are being completed. Two of the three staff proposed by JBR on this project are Oregon
RGs, While not anticipated to be required based on the scope of work detailed in the RFP, the Ihird
member of JBR's project team holds UST supervisor licenses in the State of Oregon for soil matrix
cleanup, decommissioning, and heating oil tanks.
~JBR
1
Rebekah Brooks, RG, Project Manager/ Senior Hydrogeologist
Proposed Time Commitment to this Project 20%
Ms. Brooks, a registered geologist in Oregon, has over 21 years of experience cenducting
environmental investigations in the Pacific Northwest and will be the project manager. Ms. Brooks
specializes in cleanup and risk.based closures of contaminated siles within Oregon and Washington,
including petrOleum facilities, and negotiation with regulatory agencies, including Oregon DEQ. Ms.
Brooks will be responsibte for oversighl of project activities, senior technical assistance and senior .
review of all deliverables, and management discussions with the City and DEQ.
M.s. Geology (Hydrogeology Emphosis), University of Montana, 1988
B.S. Geology, Georgia Southern University, 1980
Obie Strickler, RG, Task Manager/Project Geologist
Proposed Time Commitment to this Project: 50%
Mr. Strickler has over 8 years of experience conducting environmental investigations in Oregon and
will be the primary task manager. Mr. Strickler has been involved in environmental investigations al
over 30 facilities in the last 5 years. Mr, Strickler has extensive experience performing surface and
subsurface investigations, remediation, and mapping for environmental investigations and has been
involved in numerous petroleum-based investigations in his career. Mr. Strickler will be responsible for
drilling and monitoring well inslallation oversight, report preparation, coordination of JBR staff and
subcontractors, and communication of project activities with the City and DEQ.
B.S. Geology, Southern Oregon University, 2004
Steve McCray, Field Technician
Proposed Time Commitment to this Project: 30%
Mr. Steve McCray has over 24 years of experience completing environmental investigations and will
be responsible for groundwater monitoring well development, groundwater sample collection, and
report preparation. Mr. McCray has conducted petroleum UST soil borings and UST removals at over
20 sites for private and public entities throughout Oregon in the last 5 years. Mr. McCray currently
holds UST supervisor licenses in the State of Oregon for Soil Matrix Cleanup, Decommissioning, and
Heating Oil Tanks.
A.A.5., Civil Engineering Technology, Portland Community College, 1994
Project Description and Understanding of Services to be Performed
Based on the November 201 0 RFP provided by the City, JBR underslands the City's wishes to determine
the magnitude and extent of contamination in soil and groundwater remaining at the site for purposes of
site closure. JBR's proposed scepe of work is based on the information provided in the RFP,
cenversalions with Mr. James Olson (City) and Mr. Joe Klemz (DEQ), and our own extensive experience
regarding the necessary data cellection and analysis efforts required to successfuliy close petroleum
contaminated sites in Oregon.
We understand the need during these economic times for the City to be concerned with costs. Within our
scope of work, we have identified situations that, based on aUf experience, may arise in dealing with OEO
to obtain a No Further Action (NFA). While these may appear to be addilional costs initially. a cest
savings can be realized by reducing the DEQ review time (which the City has to pay for) and multiple
revisions of documents. In working with DEQ (and in particular the DEQ project manager for this site), we
know that the process to obtain an NFA determinalion can be most efficient when you build lrust with
DEQ on your technical approach. This is best done by communicating with them throughout the process
and providing DEQ with a scepe thai is reasonabie, but not overty stringent, from the project onset.
Our scepe of services described herein is based on information available to date from the City and may
require modification based on conditions observed during the field investigations. The following sections
detail our proposed scope of work.
Task 1 - Soil and Groundwater Characterization
Final Work Plan
Upon award of the contract, JBR will first review the existing information regarding environmental
conditions at the site and lhen update the work plan prepared by Cascade Environmental Services (CES)
~JJBR
2
to include any modifications or additions to the scope and to provide detail on sampling and analysis
procedures used to perform the work. The final work plan will specifically include: 1) pre-field tasks (e.g.
utility locate, coordination with City representatives on site access, assessing the need for any permits,
etc.); 2) site-specific Health and Safety Plan (HASP), prepared in accordance with the Occupational
Safety and Health Administration (OSHA) Code of Federal Regulation (CFR) 1910.120; 3) scope of the
subsurface investigation to delineate soil and groundwater contamination; 4) sampling and analysis plan
with field procedures; 5) quality assurance/quality centrol (QNQC) procedures for the field and laboratory
in accordance with DEQ requirements, and 5) a plan for managing investigation-dertved waste. At a cost
savings to the City, JBR will utilize the work already cempleted for the City in the CES reportlwork plan
and will employ JBR's standard language for the HASP, field procedures, and QNQC procedures,
modified to incorporate site-specific information. This work plan will be submitted to the City Engineer for
review and comment. Upon receiving any comments, JBR will then submit the work plan to DEQ for
review and comment prior to initiating any site activrties. Once any DEQ comments or additional data
requests have been incorporated and the work plan has been approved, JBR will commence with field
activities.
Boreho/e Drilling/Monitoring Well Installation
Based on the DEQ requirements for UST site closure, it has been our expertence that DEQ will likely
require the installation of groundwater monitoring wells at the srte. Generally consistent with the
information provided in the CES report and assuming a groundwater flow direction to the north, we
propose that four monitoring wells be installed: one well in a hydraulically up-gradient location from the
assumed source of contamination; one well hydraulically cross and downgradient of the assumed source
of contamination; and one well near the northern property line, located in a hydrauliCally downgradient
iocation from the assumed source of contamination. The fourth well, identified as MW-2 on the CES
figure, will be shifted to the south, closer to the former location of UST#2. This monitortng well will
provide analyses of groundwater quality closer to the assumed source of contamination at the site. These
wells will be necessary to delineate the direction of groundwater flow and to determine the eldent of any
groundwater contamination. Often, groundwater samples collected from test pits, as conducted for the
previous investigations, are biased high due to particulates suspended in the samples; therefore, it will be
important to determine if the prior groundwater concentrations are representative of actual conditions.
Boreholes for the monitoring wells will be drilled by a licensed Oregon well driller using a direct-push drill
rig (Geoprobe lM). During drilling, field screening for the presence of volatile organic compounds (VOCs)
in soil will be cenducted using a photo-ionization detector (PID). Soil samples, lithology, and field
screening will be logged every five feet by an Oregon RG or under the supervision of an Oregon RG.
Four soil samples will be collected from each boring, with one soil sample from each boring collected from
the interval with the highest PID reading. In the event that there are no VOCs detected by the PID or the
PID data are inconclusive, the soil sample will be cellected from the capillary fringe, immediately above
the soillwater interface. Soil samples to be analyzed for VOCs will be collected directly from the liner
using disposable soil syringes by EPA Method 5035A before homogenization and collection of the
samples for the other analyses. Soil samples will be documented, handled, and submitted to the
analytical laboratory using standard JBR QNQC protocels.
Following borehole drilling, monitoring wells will be installed in accordance with Oregon Administrative
Rule (OAR) 690-240, and will be completed using flush mounting to allow unimpeded traffic access to the
well location areas. Based on prior information that the depth of groundwater is approximately 10 feet
beiow ground surface (bgs), the monitoring wells will be advanced to approximately 15 feet bgs with a
screened interval from approximately 5 to 15 feet bgs to allow monitoring of groundwater levels during
varying seasonal conditions and to allow monitoring of any petroleum product that may be observed
floating on the water table surface. The final monitoring well depth and screened interval will depend on
field conditions observed during drilling. The monitoring wells will be constructed with 2-inch diameter,
schedule 40 poiyvinyl chloride (PVC) well casing and pre-packed well screens. At least 24 hours
following installation, each monitoring well will be developed using a surging and pumping technique to
remove fine materials from around the well screens and filter packs and to maximize the hydraulic
conductivity between the monitoring well and the surrounding formation.
Soil cuttings and well development water will be placed in 55-gallon drums, labeled, and remain on-site
pending analysis to determine the appropriate future treatment and disposal methods.
JBR will subcontract with an Oregon licensed professional land surveyor to complete a survey of the
newly inslalled monitoring wells. The top of each groundwater monitoring well PVC casing will be
surveyed vertically to the nearest 0.01-foot vertically and to the nearest 0.1.foot horizontally relative to a
C!J JBR 3
known survey marker or reference point. A depth-la-water measuring reference point will be marked on
the north side of the top of the PVC casing using a black permanent maker or a notch in the casing,
Soil Borings/Monitoring Wells (Optional)
While nol specified in the RFP, JBR anticipates having to advance up to 4 additional soil borings to
adequately characterize current soil quality at the site. This information will be necessary to define
source area concentrations if remediation of soil and/or groundwater is required in the future. The most
recent soil data were collected in 2000 and are thus over 10 years old. Soil analytical results collected
during the investigations in 2000 resulted in concenlrations of contaminants above DEQ risk.based
concentrations (RBCs). In addition, DEQ issued new RBCs in September 2009 for which the site will
need to comply with and the majority of lhe soil borings Were not analyzed for an adequate suite of
potential contaminants, according to DEQ requirements. In order to adequately characterize the site soil
conditions, JBR anticipates DEQ requiring soil borings at the following locations based on the information
provided on Figure 2 in the CES Report issued as part of this RFP.
. Between UST#1 and UST#3 near the location of Test Pit #1
. West of UST #2;
. Near the location of the Center Trench, where previous analytical results detected total petroleum
hydrocarbon as gasoline (TPH-g) concentrations at 840 milligrams per kilogram (mglkg); and
Between the sample locations identified as #2 and #16 on the CES Figure 2.
Soil borings/monitoring wells advanced as part of this task would be consistent with the methods
described above under the monitoring well installation. As this component of the site characterization is
not specified in the RFP, JBR has not included the cost associated with this task on the Proposal Form,
However, if this effort is necessary to satisfy DEQ requirements, the additional cost to complete Task 1 is
$2,400. This cost includes labor, subcontractor fees, and analytical costs (analytical testing is discussed
under Task 2; the additional cost assumes all petroleum constituents would require analytical testing).
Task 2 - Quarterly Groundwater Monitoring
At least 48 hours following well development activities, JBR will collect the first of four quarterly rounds of
groundwater samples from the newly installed monitoring wells to assess current groundwater quality.
After receipt of groundwater data from each quarterly event. the resulls will be provided 10 the City for
review and then to DEQ including a brief leller summary, data tables, and a map showing groundwater
elevations and flow direction. The first quarterly groundwater monftoring report will also include a
summary of the groundwater monitoring well installation activities.
Groundwater Sampling Procedures
Groundwater samples will be collected utilizing "low flow" sampling techniques in accordance wfth the
EPA Low-Flow Groundwater Monitoring Procedures (EPN540/S.95/504, April 1996) to reduce the
amount of purge water generated (and thus requiring disposal) and to minimize volatilization of the
sample. Prior td sampling, depth-t<rwater measurements will be collected to determine the static water
level in each well. A peristaltic pump with new, disposable tubing will be placed in the well so that the
pump intake is located at approximately the mid. point of the screened interval. During purging, field
parameters including pH, conductivity, temperature, oxidation-reduction potential (ORP), and dissolved
oxygen will be measured using a now-through cell. Groundwater samples will be collected, labeled,
handled, and shipped to the analytical laboratory using standard JBR QNQC protocols. All field sampling
data will be recorded on field sampling data sheets (FSDSs).
Purge water generated during the sampling events will be stored in a 55-gaUon drum, labeled, and remain
on-site pending analysis to determine appropriate future treatment and disposal methods.
Laboratory Analyses
For cost estimation purposes, soil and groundwater samples included in this proposal will be shipped to
Apex Laboratories, LLC (Apex) in Tigard, Oregon. The proposal cost assumes all laboratory analyses will
be completed on a standard 2.week turnaround lime.
The RFP provided by the City indicates that only the soil and groundwater samples exhibiting the highest
concentrations of TPH-g will also be analyzed for gasoline range VOCs and lotal/dissolved lead, and only
the soil and groundwater sample exhibiting the highest concentration of total petroleum hydrocarbons as
diesel or heavy oil (TPH-d or TPH.o) will be analyzed for gasoline range vacs and polynuclear aromatic
hydrocarbons (PAHs). JBR's extensive experience working on petroleum-contaminated sites in Oregon
and especially sites managed by Mr. Joe Klemz, indicate this screening strategy will not be acceptable
C!JJBR
4
when attempting to obtain an NFA letter from DEO. The primary reason this screening strategy would not'
be acceptable is because the detection limits for TPH-g, TPH-d, and TPH.o are typically greater than the
maximum RBCs for some of the gasoline range vacs and/or PAHs (i.e. a sample that is non-detect for
TPH-g could still have benzene levels above the maximum allowable RBG).
aur cost estimate on the proposal form is based on the analytical testing protocol issued in the RFP. For
these costs, all soil and groundwater samples, including a groundwater duplicate (for OAlOC purposes),
will be analyzed for the following:
. TPH-g using DEO Method NWTPH-Gx;
. TPH.d and TPH-o using DEO Method NWTPH-Dx;
The soil sample exhibiting the highest concentration of TPH-Gx will also be analyzed for:
. Total lead using USEPA Method 6020;
. Gasoline range vacs and MTBE using USEPA Method 8260B
The soil and groundwater sample exhibiting the highest concentration of TPH-d and TPH-o will also be
analyzed for
. Gasoline range vacs and MTBE using USEPA Method 8260B
. PAHs using USEPA Method 8270
The groundwater sample exhibiling the highest concentration of TPH-Gx will also be analyzed for:
. Dissolved lead using USEPA Method 6020 (all dissolved lead samples will be field fittered using a
disposable 45 micron filter);
. Gasoline range vacs using USEPA Method 8260B
However, as indicated above, it is unlikely that using TPH-g and TPH-d as a screening method for the
other constituents will be acceptable to DEO when requesting closure for the site. Thus, as an optional
item cost, if all constituents for each of the soil and groundwater samples are required to be analyzed this
will result in an additional analytical cost of $4,100 for Task 2.
Task 3 - Risk-Based Corrective Action Plan/Closure Report
Upon completion of the quarterly groundwater monitoring program (4 quarters), JBR will prepare a
risk-based corrective aclion plan (RBCAP)/closure report. This report will include the following: soil and
groundwater investigation results (Task 1); an abbreviated conceptual site model (CSM). which will focus
on a groundwater beneficial use survey and the land use designation of the site in order to establish likely
applicable contaminant pathways for assessment of risk; quarterly groundwater event data, groundwater
elevation and flow direction maps, and contaminant distribution figures. Recommendations for
remediation strategies will also be presented, as necessary. Tables summarizing groundwater elevation
data and analytical results, with a comparison to applicable DEO RBCs will be prepared, and FSDSs and
laboratory analytical reports will be included as appendices. With the RBCAP, JBR anticipates requesting
an NFA determination from DEO.
Task 4 - Groundwater Monitoring Well Decommissioning and Waste Disposal
Upon completion of the project and confirmation from OEQ that sufficient information has been collected
in order to issue the site a NF A determination, JBR will subcontract a licensed monitoring well
decommissioning company to decommission the four on-site monitoring wells. The four monitoring wells
will be decommissioned by over drilling with an auger consistent with DEO regulations governing
monitoring well decommissioning. The disturbed area will be returned to preconstruction condition and a
decommissioning report will be completed.
Upon completion of the monitoring well decommissioning, JBR will properly dispose of all purge water
and soil cuttings generated as part of the characterization efforts at the site.
f~1lJBR
~'
5
"
References
The following are Ihree examples of JBR's projecl experience and client references. The first two
references are from governmental agencies and the third reference is from a private JBR client.
l Street Compound Characterization and Remediation
USDA Forest Service, Rogue River-Siskiyou National Forest; Grants Pass, Oregon
Contact Name: Mr. Pete Jones, RG, CEG
Contact Telephone Numbers: Voice 541.858.2362, Fax 541.618.2148
JBR was contracled in 2007 to characterize and remediate environmental impacts to soil at the l Street
Compound, a Forest Service facility localed in Grants Pass. Oregon. Work involved the investigation of
potential release of petroleum hydrocarbons from an underground hoist and an above ground heating oil
tank, remediation of a release from the above ground heating oil tank, characterization of impacts to
shallow soil caused by lead.based paint chips around five buildings, and reporting. Additional contract
modification work inciuded preparation of an expedited groundwater beneficiai use survey to identify
domestic wells proximal to the site that might be impacted by lead leaching from shallow soi' into
groundwater. Results of the beneficial use survey were used to idenlify potential exposure pathways and
to develop site.specific remediation goals.
Bus Maintenance Facility, Groundwater Investigation
Salem Area Mass Transit District (SAMTD); Salem, Oregon
Contact Name: Mr. Allan Pollock, General Manager
Contact Telephone Numbers: Voice 503.588.2424, Fax 503.588.7942
JBR personnel conducted a hydrogeological investigation at Salem's bus maintenance facility to identify
potential impacts to groundwater quality from activities on the property or from a regional groundwater
plume. Project responsibilities included determining groundwater concentrations al upgradient and
down gradient locations from the property, installing on-site monitoring wells and collecting groundwater
and soil vapor samples for a source evaluation, cOmparing onsile groundwater data to DEO risk-based
values and to regional ground-water fiow patterns, and negotiating with DEO on the appropriate level of
effort. Through the data collection efforts, JBR was able to convince DEO that the source of
conlamination may exist offsite, thereby reducing the level of effort required for the client. In 2010, JBR
provided oversight 10 EPA's consultants during a soil and groundwater investigation at the SAMTD and
upgradient properties to assess the possible source of contamination. Results are pending.
TOC Holdings Co. (formerly Time 011 Co.) Former Gasoline Service Slallons; OR and WA
Contact Name: Mr. Mark Chandler, lG, Vice President of Environmental Services
Contact Telephone Numbers: Voice 206.285.2400, Fax 206.286.4488
When Time Oil decided to divest the majority of its retail facilities in the Pacific Northwesl they chose JBR
to conduct the necessary assessments, evaluate the liability, and remediate residual contamination on
19 retail petroleum facilities located in Oregon and Washinglon. JBR conducted Phase II ESAs atlhe
properties to delineate hydrocarbon impacts in soil and groundwater and to develop conceptual site
models for evaluating risk, We also conducted human health and ecological risk assessments to identify
exposure pathways, groundwater monitoring and reporting, remediation system design and
implementation, and requests for NFA determinations.
Project Costs
JBR's costs for the tasks defined in the RFP are provided on the attached proposal form. Our total cost
estimate for the tasks described in the RFP is $38,990. As described above, we have also included
information on optional tasks for the City's consideration. With the optionallasks, the total cosls are
$45,000. These cosls assume that this is a not-to exceed value and costs will be billed on a time and
materials basis.
Schedule
JBR is prepared to begin work on this project immediately upon the City's approval to proceed, JBR will
submit quarterly letter reports to DEO within 4 weeks of receiving final analytical resulls from Apex. A
draft RBCAP/Closure Report will be submitted to the City for review within 6 weeks of receiving the final
groundwater analytical resulls for the site. JBR will then submit the RBCAP/Closure Report to DEO
following receipt and response to the City on the draft report.
OJBR
6
Estimated Project Budget
Site Assessment Activities
City of Ashland
1097 'B' Street
Ashland, Oregon
Estimated Project Cllsts
JBR Environmental Consultants, Inc.
City of Ashland - 1097 "B" Street, Soil and Groundwater Contamination Investigation
Task JBR IDR Dir~ Subs! Total
Hours Labor Costs Outside Services
(1) Work Plan . 9 $ 892 $ - $ - $ 892
(2) HASP 3 $ 282 $ - $ - $ 282
(3) Monitoring Well Installation 24 $ 2,328 $ 162 $ 8,758 . $ 11,248
(4) Snil Borings (OPTIONAL) 4 $ 388 $ 10 $ 1,848 $ 2,246
(5) GW Monitoring (4 quarters) 38 $ 3,278 $ 1,340 $ - $ 4,618
(6) Lab Analyses (RFP) 3 $ 291 $ - $ 4,488 b $ 4,779
(7) Lab Analyses (OPTIONAL) 0 $ . $ - $ 3,762 $ 3,762
(8) Reporting 102 $ 9,942 $ - $ - $ 9,942
(9) Project Management 22 $ 2,284 $ - $ . $ 2,284
(IO) Decommissioning 7 $ 595 $ - $ 4,356 , $ 4,951
Project Totals 208 $ 19,892 $ ],502 $ 17,602 $ 38,996
Project Totals (with optional tasks) 212 $ 20,280 $ ],512 $ 23,212 $ 45,004
liotes:
Includes drilling subcontractor costs (Major Drilling), surveyor costs, and utility locate costs
b Includes laboratory analytical services (Apex Laboratories)
t Includes well decomrnissioninRand subcontractor costs for waste disposal
Clly of Ashland Budget_R=visedOlI211 {4).ldsxlSUMMARY SHEET
c
CITY OF
ASHLAND
Council Communication '
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of an Amendment to the Contract with Visar
the Liber Street 1m rovement Pro' e t I
February 1,2011 Primary Staff Con
Public Works/Engineer. E-Mail:
Finance Secondary Contact:
Martha Bennett Estimated Time:
Question:
Will the Council approve a ~0]I2~oP~ercentJincrease)) amendment to the existing contract with
Visar Construction Co. Inc. for construction of the Liberty Street improvement project?
Staff Recommendation:
Staff recommends that the council approve a 1I>1li7101l2m:o amendment to the existing contract with Visar
Construction Co. Inc. for construction of the Liberty Street improvement project.
Background:
Summary
The Liberty Street Improvement project no. 2004-21 is now complete and all final costs have been
computed and tabulated. The final cost includes a number of extra work items that have been
authorized and approved by engineering staff. Many of these extra work items were approved on a
"time and materials" basis so that the actual cost of the work is not exactly known until the work is
completed. Under ordinance no, 3013 the Public Works Director is authorized to approve contract
change orders up to 25 percent of the original bid. Since the final cost is ez.sW percent higher than the
original bid, council approval is required to authorize the final payment to the contractor.
Fiscal Impact
This project proved to be an extremely difficult one to construct and required a total of 43 minor
contract additions and changes which together totaled il1Z 0112.06. However, since we were able to
secure a very low original bid, the adjusted contract with the .1.9 percent increase is still very close to
the original construction cost estimate. The engineering for this project also reflected the difficulties
experienced by the contractor in numerous re-designs to address utility conflicts. The engineering
contract also experienced cost over runs in excess of 25 percent, which was previously addressed by
the council on May 4,2010. Following is a comparison of the estimated and final costs for the project:
Estimated Costs
Construction: $179,920.00
Engineering: $40.080.00
Total $220,000.00
Final Costs
M18[OJ8ll1
$46.780.00
$2~(jf62j)J8;11
The actual final project costs are only ~!'62m8!11 or BIO}l percent higher than the original estimate used
to determine the LID costs. The approved budget for this project was $275,000.
G:\pub-wrks\eng\04-21 Liberty Street\A _ Admin\020 12011 CC Revised Amend Contract with Visar Construction. doc
CITY OF
ASHLAND
Proiect Complexitv
Although this project is relatively small in size it provided more construction difficulties, conflicts and
problems than any of the one hundred street improvement projects that proceeded it. The narrow right
of way, small, narrow construction area, and utility conflicts all combined to make this project a most
difficult one to complete. Following are just a few of the problems addressed and solved on this
project:
I. Right of way too narrow: Staff acquired additional easements from three adjacent owners.
2. Telephone cable conflicts: The locations of underground telephone lines were not as
mapped or as indicated by QWEST. QWEST was required to re-Iay 80% of its entire
system, delaying the project nearly 3 weeks.
3. Gas line conflicts: Existing gas lines installed in the 1960's were buried too shallow (1 foot
deep). Three hundred feet of new 2 inch gas line was installed at the proper depth delaying
the project another two weeks.
4. New Facilities conflicts: Few of the non-city owned utilities were as located or as mapped,
causing conflicts in the planned locations of new water, sewer and storm lines, requiring
redesign of the locations and grades of the new lines.
5. Driveway grade issues: Since the street was constructed on a steep side hill, driveways
entered from both above and below the street grade. Widening the street made these
already steep driveways even steeper. A great deal of time was spent in working with
property owners to build driveways that were acceptable to the owners. In most cases it
was necessary to replace more of the existing driveways than was originally anticipated.
Proiect Completion
Even with the number of problems encountered during the construction of Liberty Street it was
completed on time and under budget. The contractor and project manager did an exceptional job on
this extremely challenging project. The quality of the workmanship on Liberty Street exceeded our
expectations.
L.l.D. Process
This project is one of the last Local Improvement Projects (LIDs) processed under the procedures
outlined under resolution no. 99-09. Under this process the City will fund approximately 50 percent of
the cost of the improvements, with property owners funding the remaining 50 percent. The slight
increase in the overall cost of the project will not change the amount that the property owners will pay,
as all owners will pay a fixed assessment amount of$5,251.00 per assessable unit. The ~61{O!8J1] cost
increase will be born entirely by the city.
In the next few months !his project will come before the council on two separate occasions. The first
meeting will be to again review the project costs and to set a public hearing date. The public hearing
will be scheduled at least 45 days following the first meeting.
Related City Policies:
Ordinance 3013, enacted on May 19, 2010, establishes certain rules and guidelines pertaining to public
contracting and personal service contracts. The ordinance also adopted the Oregon Public Contracting
Code and Attorney General's Model Rules for public contracting.
Council Options:
G:lpub-wrkslengI04-21 Liberty StreetlA_AdminI0201201.! CC Revised Amend Contract witb Visar Construction.doc
CITY OF
ASHLAND
· The Council may approve an amendment to the Visar Construction Co. Inc. contract to increase
the total contract amount by $3f,'{O!l2fO(1.
· The Council may decline to approve an amendment to the Visar Construction Co. Inc. contract.
Consequences
All work necessary to complete the Liberty Street improvement project is now complete. The
contractor has performed all work in good faith and under the direction of City engineering staff. If
the contract amendment is not approved it is likely that the contractor will seek legal means to recover
his costs.
Potential Motions:
· Move to approve a ${7';O~2,06 amendment to the Visar Construction Co. Inc. contract for the
construction of the Liberty Street improvements.
· Move to reject a $3';tfbi!-2f0'6 amendment to the Visar Construction Co. Inc. contract for the
construction of the Liberty Street improvements.
Attachments:
Vicinity map
Photos
Change order document
G:lpub.wrkslengI04.2! Liberty StreetlA _ Adminl020J 20 I J CC Reviscd Amend Contract with Visar Construction. doc
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 4
PROJECT:
LOCATION:
Liberty Street Improvement
Liberty Street
DATE: 1/05/2011
PROJECT NO.: 2004-21
CONTRACTOR: Visar Construction Co. Inc.
You are requested to perform the following described work upon receipt of an approved copy of this document or as
described by the Engineer:
Item No. Description Ouantitv Unit Price Amount
CO 4-27 Saw-cut, tear-out extra curbigutter NE side tie-in L.S. 336.22 336.22
CO 4-28 Dig up and expose corp stop for Water Dept. repair L.S. 234.82 234.82
CO 4-29 Retrofit barrel section and adiust sewer manhole L.S. 861.98 861.98
670 Liberty; Poured 4" d-way, Tie in not as per
CO 4-30 plan, lonl!er transition required L.S. 1887.15 1887.15
670 Liberty; Driveway removal because of high-
CO 4-31 spot on approach. Re-pour drivewav approach L.S. 1909.66 1909.66
676 Liberty; Poured 4" thick driveway. Tie-in not
CO 4-32 as ner nlan, longer transition required L.S. 1511.48 1511.48
CO 4-33 684 Libertv; tear out flagstone rock and "rock" bed L.S. 200.13 200.13
681 Liberty; Poured 4" thick driveway. Tie-in not
as per plan, longer transition required, Set of steps
CO 4-34 with landinI!, meter box adiustment L.S. 3134.12 3134.12
696 Liberty; Create keyway and poured 4" thick
driveway, retaining wall, clean-out. NDS drain
work installation costs reduced by Contractor
CO 4-35 (-$117.40) L.S. 4511.40 4511.40
720 & 730 Liberty: Removed driveway approaches
to lessen grade. Re-graded driveways and landing
CO 4-36 areas with Advanced Aggregate Rock. L.S. 3633.08 3633.08
720 Liberty; Extend segmented block wall to
match new grade on driveway, Built water-meter
CO 4-37 "well" L.S. 2590.93 2590.93
Gravel between segmented wall and edge of
asphalt between Sta. 10+20 and 10+70, raise meter
CO 4-38 boxes L.S. 796.43 796.43
ADJUSTMENT # I; Type D Inlet Box @ Sta.
CO 4-39 10+78: Formed UP sidewall and poured bottom L.S. 274.69 274.69
ADJUSTMENT #2; Type D Inlet Box @ Sta.
CO 4-40 10+78 L.S. 825.00 825.00
790 Liberty; Bore under wall and place 3" conduit
into pedestal, backfill with sand - as requested by
CO 4-41 COA Electric Department L.S. 497.70 497.70
ENGINEERING
20 E. Main Street
Ashland. Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\04-21 liberty StreetlA_Admin\Cons Vendor1\Contract Documents\Change Orders\02012011 CC Revised VisarCh,
Tel: 541-488-5347
Fax: 541-488-6006
TTY: 800-735-2900
r.l1
. .
CO 4-42
L.S.
204.81
204.81
L.S.
471.90
471.90
Original Contract Amount
Total this Change Order
Previous Change Orders
Revised Contract Total
The time provided for completion of this contract is increased by 10 calendar days.
become an amendment to the contract and all provisions ofthe contract will apply.
$142,798.75
~~f52o~9jZ
13,515.09
Sii7,9!SlIO!SJJ
(2!if9.o/.I total increase)
This document shall
Recommended By:
City of Ashland
Date
Approved By:
City of Ashland
Date
Accepted By:
Contractor
Date
ENGINEERING
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\04-21 Liberty Street\A_Admin\Cons Vendor1\Contract Documents\Change Orders\02012011 CC Revised Visar Ch,
Tel: 541-488-5347
Fax: 541-488-6006
TTY: 800-735-2900
r.l1
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of an Amendment to the Contract with Visar Construction Co. Inc. for
the Liberty Street Improvement Project
February],20ll Primary Staff Contact: James H. Olson
Public Works E-Mail: olsonj@ashland.or.us
Finance Secondary Contact: Morgan Wayman
Martha Bennet Estimated Time: Consent
Question:
Will the Council approve a $36,719.88 (25.7 percent increase) amendment to the existing contract with
Visar Construction Co. Inc. for construction of the Liberty Street improvement project?
Staff Recommendation:
Staff recommends that the Council approve a $36,719.88 amendment to the existing contract with
Visar Construction Co. Inc. for construction of the Liberty Street improvement project.
Background:
The Liberty Street Improvement project no. 2004-21 is now complete and all final costs have been
computed and tabulated. The final cost includes a number of extra work items that have been
authorized and approved by engineering staff. Many of these extra work items were approved on a
"time and materials" basis so that the actual cost of the work is not exactly known until the work is
completed. Under ordinance no. 3013 the Public Works Director is authorized to approve contract
change orders up to 25 percent of the original bid. Since the final cost is 25.7 percent higher than the
original bid, council approval is required to authorize the final payment to the contractor.
Fiscallmoact
This project proved to be an extremely difficult one to construct and required a total of 43 minor
contract additions and changes which together totaled $36,719.88. However, since we were able to
secure a very low original bid, the adjusted contract with the 25.7 percent increase is still below the
original construction cost estimate. The engineering for this project also reflected the difficulties
experienced by the contractor in numerous re-designs to address utility conflicts. The engineering
contract also experienced cost over runs in excess of25 percent, which was previously addressed by
the council on May 4,2010. Following is a comparison of the estimated and final costs for the project:
Estimated Costs
Construction: $179,920.00
Engineering: $40.080.00
Total $220,000.00
Final Costs
$]79,518.63
$46.780.00
$226,298.63
The actual final project costs are only $6,298.63 or 2.86 percent higher than the original estimate used
to determine the LID costs. The approved budget for this project was $275,000.
Page I of3
CITY OF
ASHLAND
Proiect Complexitv
. Although this project is relatively small in size it provided more construction. difficulties, conflicts and
problems than any of the one hundred street improvement projects that proceeded it. The narrow right
of way, small, narrow construction area, and utility conflicts all combined to make this project a most
difficult one to complete. Following are just a few of the problems addressed and solved on this
project:
I. Right of way too narrow: Staff acquired additional easements from three adjacent owners.
2. Telephone cable conflicts: The locations of underground telephone lines were not as
mapped or as indicated by QWEST. QWEST was required to re-Iay 80% of its entire
system, delaying the project nearly 3 weeks.
3. Gas line conflicts: Existing gas lines installed in the 1960's were buried too shallow (I foot
deep). Three hundred feet of new 2 inch gas line was installed at the proper depth delaying
the project another two weeks. .
4. New Facilities conflicts: Few of the non-city owned utilities were as located or as mapped,
causing conflicts in the planned locations of new water, sewer and storm lines, requiring
redesign of the locations and grades of the new lines.
5. Driveway grade issues: Since the street was constructed on a steep side hill, driveways
entered from both above and below the street grade. Widening the street made these
already steep driveways even steeper. A great deal of time was spent in working with
property owners to build driveways that were acceptable to the owners. In most cases it
was necessary to replace more of the existing driveways than was originally anticipated.
Proiect Completion
Even with the number of problems encountered during the construction of Liberty Street it was
completed on time and under budget. The contractor and project manager did an exceptional job on
this extremely challenging project. The quality of the workmanship on Liberty Street exceeded our
expectations.
L.I.D. Process
This project is one of the last Local Improvement Projects (LIDs) processed under the procedures
outlined under resolution no. 99-09. Under this process the City will fund approximately 50 percent of
the cost of the improvements, with property owners funding the remaining 50 percent. The slight
increase in the overall cost of the project will not change the amount that the property owners will pay,
as all owners will pay a fixed assessment amount of $5,251.00 per assessable unit. The $6,298.00 cost
increase will be born entirely by the city.
In the next few months this project will come before the council on two separate occasions. The first
meeting will be to again review the project costs and to set a public hearing date. The public hearing
will be scheduled at least 45 days following the first meeting.
Consequences
All work necessary to complete the Liberty Street improvement project is now complete. The
contractor has performed all work in good faith and under the direction of City engineering staff. If
the contract amendment is not approved it is likely that the contractor will seek legal means to recover
his costs.
Page 2 of3
CITY OF
ASHLAND
Related City Policies:
Ordinance 3013, enacted on May] 9,2010, establishes certain rules and guidelines pertaining to public
contracting and personal service contracts. The ordinance also adopted the Oregon Public Contracting
Code and Attorney General's Model Rules for public contracting.
Council Options:
. The Council may approve an amendment to the Visar Construction Co. Inc. contract to increase
the total contract amount by $36,719.88.
. The Council may decline to approve an amendment to the Visar Construction Co. Inc. contract.
Potential Motions:
. Move to approve a $36,719.88 amendment to the Visar Construction Co. Inc. contract for the
construction of the Liberty Street improvements.
. Move to reject a $36,719.88 amendment to the Visar Construction Co. Inc. contract for the
construction of the Liberty Street improvements.
Attachments:
Vicinity map
Photos
Change order document
Page 3 of3
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONTRACT CHANGE ORDER NO. 4
PROJECf:
, LOCATION:
Liberty Street Improvement
Liberty Street
DATE: 1/0512011
PROJECf NO.: 2004-21
CONTRACfOR: Visar Construction Co. Inc.
You are requested to perform the following described work upon receipt of an approved copy of this document or as
described by the Engineer:
Item No. Description Quantitv Unit Price Amount
CO 4-27 Saw-cut, tear-out extra curb/2uller NE side tie-in L.S. 336.22 336.22
CO 4-28 Dip up and expose corp stop for Water Dept. repair L.S. 234.82 I 234.82
, CO 4-29 Retrofit barrel section and adiust sewer manhole L.S. 86\.98 861.98
670 Liberty; Poured 4" d-way, Tie in not as per
CO 4-30 I nlan, Ion per transition required L.S. 1887.15 1887.15
670 Liberty; Driveway removal because of high-
C04-31 snot on aooroach. Re-pour drivewav aooroach L.S. 1909.66 1909.66
676 Liberty; Poured 4" thick driveway. Tie-in not
CO 4-32 a, ner nlan, lon~er transition required L.S. 1511.48 ]511.48
CO 4-33 684 Libertv; tear out fla2stonc rock and "rock" bed L.S. 200.13 200.13
681 Liberty; Poured 4" thick driveway. Tie-in nol
as per plan, longer transition required, Set of steps
CO 4-34 with landin2, meter box adiustment L.S. 3134.]2 3134.]2
696 Liberty; Create keyway and poured 4" thick
driveway, retaining wall, clean-out. NDS draio
work installation costs reduced by Contractor
CO 4-35 (-$117.40) L.S. 4511.40 451\.40
720 & 730 Liberty: Removed driveway approaches
to lessen grade. Re-gradcd driveways and landing
CO 4-36 areas with Advanced A22re2ate Rock. L.S. 3633.08 3633.08
720 Liberty: Extend segmented block wall to
match new grade on driveway, Built water-meter
CO 4-37 "well" L.S. 2590.93 2590.93
Gravel between segmented wall and edge of
asphalt between Sta. 10+20 and ]0+70, raise meler
CO 4-38 boxes L.S. 796.43 796.43
ADJUSTMENT #]: Type D Inlet Box @ Sta.
CO 4-39 10+78: Formed UP sidewall and poured bottom L.S. 274.69 274.69
ADJUSTMENT #2; Type D Inlet Box @ Sta.
CO 4-40 ]0+78 L.S. 825.00 825.00
790 Liberty; Bore under wall and place 3" conduit
into pedestal, backfill with sand - as rcquested by
CO 4-41 COA Electric Department L.S. 497.70 497.70
ENGINEERING
20 E. Main Street
A5h~nd. Oregon 97520
www.ashland.or.us
G:\pub.wrks\eng\04-21 Lllerty SlreeM_Admin\Cons Vendor1\Contract Documenls\Change Orders\04-21 Vlsar Change Order 4.doc
Tal: 541-488.5347
Fax: 541-488-6006
TTY: 600.735.2900
~~,
Disposal of stumps and wood debris from common
CO 4-42 area. Contactor adiusted this price (-$204.80) L.S. 204.81 204.81
Qwest Phone Repair -Invoiced 9/23/2010
CO 4-43 damaged durin" main walerline connection L.S. 471.90 471.90
Original Contract Amount
Total this Change Order
Previous Change Orders
Revised Contract Total
$142,798.75
23,204.79
13,515.09
$179,518.63
(25.71 % total increasc)
. The time provided for completion of this contract is increased by 10 calendar days. This document shall
become an amendment to the contract and all provisions of the contract will apply.
Recommended By:
City of Ashland
Date
Approved By:
City of Ashland
Date
Accepted By:
Contractor
Date
ENGINEERING
20 E. Main Street
Ashland, Oregon 97520
'Mvw.ashland.or.us
G:\pub-wrks\eng\04-21 liberty StreeM_Admin\Cons Vendor1\Contracl Documenls\Cllange Orders\04-21 Visar Change Order 4.doc
Tel: 541-488.5347
Fax: 541-488.6006
m: 600-735.2900
~~,
......
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ashland Gun Club/ Lithia Springs Property Lease Extension
Pro~ress Report Update
February 1,2011 Primary Staff Contact:
Public Works E-Mail:
N/ A Secondary Contact:
Martha Ben Estimated Time:
Michael Morrison
morrism(W,ashland.or.us
Michael R. Faught
10 Minutes
Question:
Does the Council have questions regarding the current status of the Lithia Springs Property lease
extension including the environmental assessment review by the DEQ and the continued
implementation of the best management practices by the Ashland Gun Club?
Staff Recommendation:
No action is needed. This is a Gun Club progress report update for the Lithia Springs Property.
Background:
The Lithia Springs Property has been owned by the City of Ashland since 1930. In the 80 years since,
the City has leased the property or allowed use of the property for several different activities including
a dry ice manufacturing plant, a motorcycle race track and from 1968 to present, a shooting range.
Prior to 1930 the property was developed as a mineral springs resort. This resort failed a short time
later however remains of the attempted resort remain to this day. Along with the resort remains,
artifacts from the dry ice manufacturing plant are also present on the property.
In preparation for a discussion of a long term lease of the Lithia Springs Property by the Ashland Gun
Club, the Council asked staff to conduct a risk assessment study of the property. This study was
completed and the results of the Brown and Caldwell report show that the impact on species and
habitat found on the property are within acceptable limits. This report however has raised concerns
about lead on the property and its potential impact to the neighboring creek, groundwater and surface
water. To fully understand the site, the issue oflead must be further studied.
On April 6, 20 I 0, the Council granted a one-year lease extension to the Ashland Gun Club with the
stipulation that some short term (within the 12 month lease extension) environmental and historical
improvements be identified and acted upon by both the Gun Club and the City. The lease extension
would also allow staff the necessary time to complete the environmental assessment report, including
submission of that report to the Oregon Department of Environmental Quality (DEQ).
The Level II study has been completed and submission of the report to DEQ has taken place. The
DEQ has finished their review and has responded with the attached "File Review Memorandum".
The DEQ generally agrees with the findings of the Ecological Risk Assessment conducted by Brown
and Caldwell with regards to the habitat and species, however in addition to the ecological risk report,
the DEQ requires further study to fully characterize the site. The Brown and Caldwell report was
thorough in regard to species and habitat; it was not complete in regard to lead distribution on the
Page t on
H:\ShipletD\Council\Council Communication\2011\February 1 and Jan 31\0201] I Gun Club Update.CC.docx
~~,
CITY OF
ASHLAND
property. Further study, including soil and water sampling will be necessary to fully understand the
impact the current activities have had on the property.
An area of concern identified by the DEQ is the shotgun range. The Brown and Caldwell study
focused primarily on the impact to plants and animals, not to the distribution oflead on the property.
As a result the number of samples taken and the location of these samples were inadequate to fully
understand the lead disbursement on the site. The DEQ recommends that a systematic method of
sampling be conducted in the entire shot fall zone on the shotgun range. Currently only one sample
has been taken and it was taken short of the primary shot fall zone, instead it was taken in the area of
the highest accumulation of clay targets. When this systematic approach has been completed, we
should have the necessary information to fully understand the extent of the lead distribution on the
property.
The DEQ also had some concerns with the water sampling conducted in Emigrant Creek. While they
were pleased that it did not appear lead was leaching into the creek from the property, the number of
samples and time of year these samples were taken were inadequate to say with certainty that leaching
is not occurring. They are recommending that water samples are taken from a few locations every
three months for two years. Also that a water sample is taken after a large rain event to ensure that
lead levels do not change with seasonal and weather related changes to the creek.
In addition to the further study, the DEQ is recommending the implementation of best management
practices. Prior to our discussion with the DEQ, we were led to believe that the best management
practices outlined by the EP A document "Best Management Practices for Lead at Outdoor Shooting
Ranges" were the best available source ofBMP's. While this is a very thorough document with good
information, some of the information is broad and general for all types ofranges. BMP's specific to
the Lithia Springs Property should be developed and implemented. As a result of this, the DEQ is
recommending that the City along with the Gun Club, contact a professional range designer to develop
these specific BMP's.
In addition to the development of site specific BMP's, a professional range designer would also be
tasked with reorienting range features to optimize space and minimize environmental impact. The
DEQ noted that "the layout of the gun club is generally consistent with good environmental practices"
they did also note one problem; shot from the shotgun range can enter a wetland area./ Several options
exist to eliminate the lead shot from entering the wetland but it will require the consultation of an
expert in this field to determine what is best for this location.
The Councils next step in the process will be the discussion of a 100ig term lease. The City Attorney is
currently working on terms for the lease that will take into account the areas of concern that have been
raised, and how those concerns might be addressed both by the Gun Club and by the City. On March
1st the City Attorney will bring to the Council some potential terms ofa long term lease with some
options to choose from with regards to the recent findings concerning lead levels and lead clean up.
Related City Policies:
N/A
Page 2 of3
H:\ShipletD\Council\Council Communication\2011\February I and Jan 31\0201 1 ) Gun Club Updale.CC.docx
~~,
CITY OF
ASHLAND
Council Options:
N/A
Potential Motions:
N/A
Attachments:
. Oregon DEQ letter regarding File review and Environmental Status
. Oregon DEQ File Review Memorandum
.
Page) of 3
H:\ShipletD\Council\Council C?mmunication\2011\February 1 and Jan 3 ]\020] I] Gun Club Update.CC.docx
~~,
John A. Kitzhaber, M.D., Governor
Department of Environmental Quality
Western Region Eugene Office
165 East 71h Avenue, Suite 100
Eugene, OR 97401
(541) 686.7838
FAJ< (541) 686-7551
OTRS 1.800-73
January 19, 20 II
Mike Morrison, Facilities Supcrvisor
City of Ashland
Public Works, Maintenance Division
90 N. Mountain Ave, Ashland, OR 97520
Regarding:
File Review and Environmental Status
Ashland Gun Club
ECSI 5384
Dear Mr. Morrison:
This letter presents the results of DEQ's evaluation of site conditions at the Ashland Gun Club. DEQ
conducted a site visit on January 13,2011 and reviewed the April 10, 2010 Level II Screening Level
Ecological Risk Assessment Report by Brown and Caldwell. Attached to this letter is DEQ's File
Review Memorandum, which provides specific details regarding our review.
DEQ generally concurs with the findings of the report with respect to habitat and species, although we
may have more comments on these aspects of the investigation at a later date if additional sampling
changes our understanding of environmental conditions.
Some additional soil sampling is needed to fully characterize the site, particularly around the shotgun
range. Based on thc results of additional sampling, further evaluation of groundwater and surface water
may also be needed near the shotgun range. '
The layout ofthe gun club is generally consistent with good environmeutal practices with one exception,
which is that the shotgun discharges lead into a wetland, which is widely recognized as a practicc that
leads to increased environmental risk and liabilities. Additional BMPs are needed to correct this problem,
limit erosion and Icad infiltration, and regularly recover lead from all areas ofthe gun club.
DEQ recommends that the City rcquest that the rimge develop an Environmental Stewardship Plan, as
recommended by the National Shooting Sports Foundation, if the range has not already developed one.
We recommend the Gun Club and the City consult with a range designer to help plan specific BMPs.
You may contact me at (541)686-7819 if you have any questions or if you would like to discuss anything
in this letter or the attached memo.
SincereY'/
~JL/
ProjecvManager
Enclosures:
File Review Memorandum
Resource list for Firing Range Management and Characterization
Cc:
Chuck Parlier, Ashland Gun Club
FILE REVIEW MEMORANDUM
Date:
January 20, 201 I
Site Name:
AsWand Gun Club
ECSIII:
Site Location:
. 5384
555 Emigrant Creek Road, Ashland, Oregon
Prepared by:
GeoffBrown, Project Manager
The City of Ashland is evaluating thc terms of its lease with the Ashland Gun Club. To support
this effort, DEQ reviewed file information regarding the Ashland Gun Club, consisting mostly of
an April 2010 Brown and Caldwell document entitled Level 11 Screening Level? Ecological Risk
Assessment Report. DEQ also conducted a site visit on January 13. The purpose of this mcmo is
to provide DEQ's opinion of the following issucs:
1. Technical aspects of the ecological screening report,
2. Overall site characterization, and
3. Adequacy of existing Best Management Practices (BMP)s and the need for additional
BMPs.
Ecological Sereenlng Report
. A Level II Ecological Screening Level Risk Assessment is designed to identifY ecological
risk at sites whcre habitat and/or ecological receptors (plants and animals) are obviously
present. It is a discrete component of a Remedial Investigation, which is a much broader
process designed to characterize the setting, environmental conditions, and risk to humans
and the ecological receptors.
Overall the report is sound with respect to evaluating the habitat and species that are present
at the site. Howevcr, the only sampling that has been done at the site was part of this
ecological evaluation, and so data for characterization and risk assessment is sparse.
. The April 2010 report concluded that additional evaluation is necded based on the
presencc of metals in the shooting rangc berms. DEQ agrees with this determination.
. The report concluded that "There is no evidence that further ccological evaluation of
metals or organic chemicals in the skeet range is warranted." DEQ disagrees with this
conclusion. It is DEQ's opinion that the area of most significant ecological exposure to
lead and other metals is likely the shotfall zone from the skeet and trap ranges, and this
zone was not fully investigated.
Ashland Gun Club
January 19, 20 II
Page 2 of 6
The conclusion that no fillther evaluation of this area is needed is based on a shallow
soil sample collected down range of the firing station for skeet and trap firing
stations. This sample was collected about 150-175 feet downrange of the firing
stations, based on Figures 5 and 6. The sample was collectcd from the area of
heaviest clay target fragment accumulation.
The sample contained a low concentration of lead, which produces no unacceptable
risk as long no threatened or endangered species are present. However, maximum
shotfall occurs between around 300 and 700 feet from the shooting station, as spelled
out in the following documents:
. Environmental Aspects of Construction and Management of Outdoor Shooting
Ranges, National Shooting Sports Foundation,
. TRW Recommendations for Performing Human Health Risk Analysis on Small
Arms Shooting Ranges, EP A 2003
. 1997Characterization and Delineation of Soils at Closed Small Arms Firing
Ranges, ITRC 2003
During my recent site visit, I observed heavy shot accumulation in the arca around
300-600 fcet from the shooting station and noted relatively little in the approximate
area from which the sample was taken.
. . The report concluded that "Thc conccntrations of chcmicals in surfacc water and
sediment do not indicatc evidence of impact from the chemicals in the berms." DEQ
agrees with this conclusion as it relates to sediment and surface water downstream of the
sitc.
. The report concludes, "Although a few chemicals in groundwater exceeded their SL Vs,
there is no postulated contact between ccological receptors and groundwater. Also the
clevated concentrations may be associated with suspended soil in this grab groundwater
sample from a trench." This conclusion may be true for direct exposure by plants and
animals to groundwater. However, groundwater likely discharges to surface water along
the reach of the site. If groundwater is contaminated, the potential for ecological
exposure to c)lemicals transported in the groundwater exists along thc Emigrant Crcek.
. Whilc the wildlife inventory, botanical inventory, and sensitive environments portions of
the report sccm to be robust and playa key rolc in a Level II or bascline ecological risk
assessment, DEQ is not currently prepared provide comments on them given the
uncertainties in contaminant distribution at the site. Once the data gaps for the site have
been filled, DEQ is likely to approve these portions of thc report, although we will ask for
additional ecological evaluation and screening along Emigrant Creek.
. DEQ will likely ask for re-screening of ecological receptors once the data gaps at the site
have been filled.
lJ
DEQ<<1
Ashland Gun Club
January 19,2011
Page 3 of6
Site Characterization
The following sections outline what should be included in a site characterization for the Gun
Club.
Pistol Pits and Rifle Range
Brown and Caldwell sampled most of the eat1hen backstops of the rifle and pistol ranges at the
site. High concentrations of lead were detected in the berms, as is typical for sites of this type. .
For purposes of characterization, DEQ considers all the berms and backstops at.thc site to
contain high concentrations of lead. Two important data gaps identified in the rifle and pistol pit
delineation are:
. Vertical delineation of soil impact. While the berms are designed to catch bullets,
leading to their high lead concentration, it would be useful to know the vertical extent of
the contamination. Additional vertical delineation samples would help to determine if
groundwater contamination is a possibility beneath these areas.
. Pit and range floor sampling. Sampling of the pit and range floors would be needed to
determine the distribution oflead in these areas and the potential for lead contamination
to groundwater.
SIIotgulI Range
In order to evaluate lead distribution and ecological risk on the shotgWl range a more
systematic sampling plan will be needed. We recommend a grid-based sampling approach
with composite sampling; similar to what is dc'scribed in the 2003 ITRC document.
Different levels of investigation are appropriate for different sites, so it is very important to
consult with DEQ on the sampling approaches being considered before preparing a work
plan.
Groundwater
An evaluation of groundwater conditions beneath the shotgun range should be conducted.
Unfortunately, the single groundwater sample that was collected at the site was collected
beneath an area of minimal lead impact, which is not representative of the shotgun range as
a whole. If soil characterization in the shotgun range suggests that lead may have leached
groundwater, additional groundwater samples may be required to show that contaminated
groundwater is not discharging to Emigrant Creek.
Emigrallt Creek
It is encouraging that there is no elevation in lead in sediments downstream of the site.
However, there are several hundred fcct of creek that border the site. According to the
Brown and Caldwell report, there may be steelhead, coho salmon, and other species present
in the creek. If groundwater contamination is present beneath the shotgun range, further
evaluation of impact to Emigrant Creek sediments and surface water will be needed. In
addition, DEQ recommends conducting at least two years of quarterly surface water
sampling from Emigrant Creek to evaluate potential metal impact to the creek. This should
!
.1
Cj
DEQ:OCI
Ashland Gun Club
January 19, 2011
Page 4 of6
be conducted at two or three stations along the site. At least onc sampling event each year
should be conducted after a heavy rainfall event to determine if storm water runoff from the
site produces spikes in lead concentrations in the creek.
Site Description and Background
The following information is necessary to complete the conceptual site model for the site, but not
necessarily information that would be included in a standard ecological assessment.
Site Plan
A scaled site plan would be very helpful. The most detailed figure showing the site layout (from
the Brown and Caldwell report) is an un-scaled aerial photograph taken from an oblique angle.
This does not allow accurate representation of the spatial relationship belween key site features.
Nor does it accurately represent where samples were collected. The plan for the site should label
key site features such as wetlands, creeks, swales, pistOl pits, rifle ranges, shotgun ranges,
shooting stations, Lithia Springs, etc. and be drawn prepared at a useable scale.
Site Features
A description of current shooting range features and activities would be helpful in understanding
lead distribution and risk at the site. It should include:
I. Topography of the site. This is very important because the slope of the shot fall zone, the
presence of swales, or seasonally inundated areas affects the fate and transport of lead
shot within the shotgun range.
2. Surface watcr and drainage. The description should include the presence of surface water
at the site, including wetland areas (which_are well addressed in the report) and which
direction they drain, seasonally ponded areas, what direction Emigrant Creek flows,
drainage features such as ditches, and a description of how surface water is managed at
the site, particularly in the pistol pits and rifle ranges.
3. Layout of the ranges (all ranges?). What berms are present and where are they located?
Site Operations and History
Current site operations have a large bearing on how lead is distributed at the site. The
characterization should describe:
I. Pistol pits and Rifle Ranges. What type of shooting is done there? What type of
ammunition is used? What types of targets are used? Is Icad regularly recovercd? In
what direction does shooting occur? Are there backstops on the berms? Are the berms
covered and vegetated? Are there any other BMPs currently in place?
2. Shotgun Range. What type of shooting occurs - trap, skeet, other? Is standard lead shot
used? Are lead or clay target fragments regularly recovered from the range?
The history of the shooting range should also be addressed to determine if the shotgun range was
ever in a different location or orientation. If it was, then assessment maybe needed in historical
shotfall areas.
rtJ
D~DCi
Ashland Gun Club
January 19,2011
Page 5 of6
Geology and Hydrology
A description of the geology and hydrogeology is a standard part of a site characterization. It
should include the following:
I. Description of soils at the site and the underlying lithology
2. A description of the occurrence of groundwater beneath the site
3. Any well logs that are available for the site
4. A description of the wells that supply the Lithia water (these should also be shown on the
site plan).
BMPs
The overall goal for BMPs at the site should be threefold: provide for safety of shooters and
neighbors, limit the accumulation of lead in unintended areas, and provide for the regular
recovery of lead. BMPs may also be implemented for other reasons such as limiting noise.
The BMPs I observed at the site include:
. Berms and Backstops. Berms and backstops I observed at the site were earthen,
mostly vegetated, and showed some erosion on the receiving faces.
. Range Orientation alld Layout. A couple of the rifle ranges have recently been
reoriented to direct fire (and noise) away from a recently constructed downrange
home. No fire at the rifle or pistol ranges is directed at or across water. A wetland is
located in the shotfall zone of the shotgun range.
. Access. Public access is controlled by a gate with keypad entry.
. Lead Recovery. According to Chuck Parlier, president ofthe gun club, lead has been
historically recovered from some of the rifle and pistol pits.
DEQ recommends that the City request the Gun Club to propose additional BMPs to provide for
the following: .
. Protection of the Wetland in the Shotgun Range. Nearly every range design and
environmental management document from the EP A to the National Shooting Sports
Foundation strongly advise against shooting into wetlands in order to avoid
environmental degradation and legal problems. Possible BMPs to avoid continued
impacts to the wetland include reorienting the trap and skeet fields or installing a shot
curtain.
. Recovering Lead. DEQ recommends a regular lead recovery schedule, based on
ammunition use, which may require tracking ammunition use at the range or coming up
with a way to accurately estimate the rate of lead discharge at the range. Recovery is
particularly important at the shotgun range.
. Preventing Erosion and Infiltration on the Rifle and Pistol Ranges; DEQ
recommends implementing BMPs to limit erosion and infiltration at the rifle and pistol
ranges. However, DEQ recommends determining whether or not vertical infiltration is
occuning before dcciding on appropriate BMPs, which could range from covering the
backstop areas ofthc belID to simply maintaining a better vegetative cover over the
berms. .
Q
DEQ-DCI
Ashland Gun Club
January 19, 2011
Page 6 of6
n
~
MQ.:"DCI
Shootin~ Ran~e G~idanc~
EPA GUIDANCE
. :EPA Region 2 Website
o http://www.epa.govlRegion2/waste/leadshot/
. EPA Brochure: "Do You Use Best Management Practices for Lead at Yonr Outdoor
Sbooting Range?", 2001.
o hup ://www.cpa.govlRcgion2/waste/lcadshotlbrochure.pdf
. EP A Guidance Mannal: "Best Management Practices for Lead at Ontdoor Shooting
Ranges", January 2001. .
o hltP://www.epa.govlRegion2/waste/leadshot/download.htm
. EP A Certification Program
o http://www.cpa.govlRegion2/waste/leadshot/certif.htm
. EP A Presentation on Best Management Practices for Lead at Outdoor Sbooting Ranges
. EP A Innovative Tecbnology
o http://www.c1u-iil.orgfconfJitrc/smartemp 062805/resource.cfm
DOD GUIDANCE
. DOD Guidance on Range TRI Reporting, March 2000.
o RanQe Guidance 3.0
. US Army Guidance: "Prevention of Lead Migration And Erosion From Small Arms
Ranges", August 1998.
o www.uscQ.mil/Svstems/Qse/ET.finaI.02.04.pdf
. Sustainable Management of Lead on Small Arms Ranges
o htto://www.dtic.miVndia/2003environled3.pdf
. Soil Treatments to Limit Lead Mobility
o hUr:/ /www.rangeinfo.orgfrcsourcc Ii brarv/NSRS/04 PolicyTrack/SoilTreatments.l'df
DOl Website
o http://www .doL gov/greeningfsustainlshooting.html
INDUSTRY GUIDANCE
. National Sports Shooting Foundation, "Environmental Aspects of Construction and
Management of Outdoor Sbooting Ranges", 1997
o hlto://www.rangcinfo.orl.!/rcsourcc librarv/facilitv mngmnt/cnvironmcnt/EAofCMof
OSR.PDF
. National Sbooting Range Symposium: Environmental Laws as Tbey Apply to
Shooting Ranges
o httR://www.rangeinfo.org/resource library/NSRS/08PolicvTrack/Env Laws.pdf
. National Association of Shooting Ranges
o htto://www.rangeinfo.orgfresource librarv/resLibDetl.cfm?CA T=Facilitv%20Manag
ement
. National Rifle Association - Range Source Book must be ordered
o http://www.nrahq.orgfshootingrangc/sourccbook.asp
MISC STATE GUIDANCE
. Colorado Departmcnt of Public Health and Environment. "Corrective Action at
Outdoor Shooting Ranges Guidance Document." January 2005
o http://www.cdohe.state.co.us/bm/shootingrange.pdf
. Indiana. The DNR Shooting Range Program. March 2004.
o htto://www.in.gov/dm/files/shooting.odf
. Michigan Dept of Environmental Quality: "Managing Lead at Your Shooting Range",
June 2001
o http://www.oshainfo;gatech.edullead/stewardship.pdf
. State of Florida Website that includes the following:
o Florida Dept of Environmental Protection: "Best Management Practices For
Environmental Stewardship of Florida Shooting Ranges", 2004
o Florida Dept of Environmental Protection: Range Operator Checklist
o Florida Dept of Environmental Protection: Record-Keeping And Evaluation
Checklist
o http://www.dep.state.fl.us/waste/categorieslhazardous/vages/lead.htm
. Massachusetts Dept of Environmental Protcction: "Managing Lead Shot at Your
Range", 2001
o \vww.mass. gov/deo/toxics/stvoes/pbbro2 .doc
SAMPLE STEWARDSHIP PLANS
. Environmental Stewardship Plan- Rod and Gun Club & Sportsman Association
o httn://www.rangeinfo.ore:lresourcc Iibrarv/resLibDetl.cfm?CA T=Facilitv%20M
anae:ement
. Statc of Florida: Environmental Stewardship Plan Template
o h tto://www.deo.state.fl.us/waste/a uick tooics/ou b Ii cations/shw Ihazardous/sh ooti
ne:rane:efEnvironmentaIStewardshin word.doc
o
. National Association of Shooting Ranges: Environmental Stewardship Plan Templates
o htto://www.eoa.e:ov/ree:ion2/waste/lcadshot/hmn2 7.ndf
MISe. GUIDANCE
. Intcrstate Technology and Regulatory Council, "Characterization and Remediation of
Soils at Closed Small Arms Firing Ranges", January 2003
o htto://www.itrcweb.onz/Documents/SMART-l.ndf
. Interstate Technology and Regulatory Council, "Environmental Management at
Operating Outdoor Small Arms :Fhing Ranges", February 2005
o http://www.itrcweb.oreJDocuments/SMART-2.pdf
CITY OF
ASHLAND
Council Communication
Resolution Calling For a Special Election for May 17,2011
Proposed Ballot Measure General Obli~ation Bonds Fire Station #2
Meeting Date: February 1,2011 PrimaryStaffContact: Ann Seltzer
Department: Administration E-Mail: seltzeralalashland.oLus
Secondary Dept.: None Secondary Contact: John Karns
Approval: Martha Benne Estimated Time: 10 Minutes
Question:
Does the Council approve the Resolution Calling for a Special Election for May 17,20l1? Does the
Council have any changes to the Proposed Ballot Measure for Fire Station No.2?
Staff Recommendation:
Staff recommends the Council approve the Resolution, review the proposed ballot measure language
and approve as written or provide direction to staff for changes. If changes are required, Council will
have the opportunity to approve the final ballot measure language at the February 15 meeting. Final
approval must occur at that meeting; there will not be another council meeting prior to the deadline to
publish the ballot and submit it to Jackson County.
Background:
In June 2009 the Council adopted a goal to replace Fire Station No.2. This goal followed the City's
Facilities Master Plan, completed in 2008. In January 2010, the Council appointed a fourteen-member
Public Safety Bond Committee to evaluate several capital projects, including replacement of Fire
Station No.2.
In May 2010, the Public Safety Bond Committee unanimously recommended the City Council seek
voter approval of general obligation bonds not to exceed $3 million and to place a measure on the May
2011 ballot. Council approved the committee's recommendation and directed staff to prepare the
appropriate materials.
Based on 2010 tax proceeds, every penny levied generates approximately $19,300. Staff has
calculated that $3 million dollars will cost Ashland taxpayers $0.124 per $1000 assessed property
value. According to the Jackson County Assessor's office, the average assessed value for a single-
family home in Ashland is $228,710. Based on that value, the property owner would pay
approximately $28.36 per year (228.71 x $.124).
May 17,2011 is a special election. The cost of a special election is borne by the jurisdictions with
measures on the ballot. The September 2007 special election for the library levy cost $10,315. As of
this date and per Jackson County Elections office, no either jurisdiction has a measure on the May 17
ballot.
Timeline
February 1 and February 15 Council meetings to review and approve ballot measure language
February 28 Final ballot measure due to City Recorder
Page t of2
~~,
CITY OF
ASHLAND
March 17
March 21
May 17
Deadline to submit ballot measure to Jackson County
Deadline to submit statement for voter pamphlet
Special election
Related City Policies:
Council Goal Setting
Council Options:
Council can approve the Resolution and proposed ballot measure as written.
Council can approve the Resolution and proposed ballot measure with changes.
Council can provide new direction to staff
Potential Motions:
. I move approval of the Resolution Calling for a Special Election for May 17,2011 and the
proposed ballot measure as presented.
. I move approval of the Resolution Calling for a Special Election for May 17,2011 and the
proposed ballot measure with the following changes
. I move
Attachments:
I. Resolution Calling for a Special Election
2. Proposed Ballot Measure
Page 2 of2
~~,
RESOLUTION NO. 2011-
A RESOLUTION CALLING A SPECIAL ELECTION FOR MAY 17,2011,
TO SUBMIT TO THE VOTERS A FUNDING INITIATIVE FOR
CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS
TO REPLACE FIRE STATION NO.2 IN THE AMOUNT OF $3,000,000.
RECITALS:
A. The Public Safety Bond Committee, appointed by the City Council in January of2010
evaluated the need to replace Fire Station No.2. In May 2010 the Committee
unanimously recommended the City Council seek voter approval for general obligation
bonds not to exceed $3 million for the purpose of rebuilding Fire Station NO.2 and to
place a measure on the ballot in May 2011.
B. The City Council of the City of Ashland, Jackson County, Oregon (the "City") accepted
the Committee's recommendation.
C. Capital costs for replacing the fire station are estimated to be $3,000,000; now, therefore,
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section I. A special election is called for the purpose of submitting to the qualified voters of the
City the question of contracting general obligation bonded indebtedness in the name of the City
to be used to replace Fire Station NO.2 in an amount not to exceed $3,000,000. The bonds
would mature over a period of not more than 20 years.
Section 2. The special election called shall be held in the City on May 17,2011, in accordance
with Oregon law.
Section 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson
County, Oregon the Notice of Bond Election, not later than 61 days prior to the election. The
Election Officer is required to give the electorate of the City notice that the election shall be
conducted by mail pursuant to Oregon law.
Section 4. The City Recorder shall give notice of the election as provided in the laws of the State
of Oregon and the charter and ordinances of the City of Ashland.
Section 5. The City Attorney is authorized to alter the text of the ballot to comply with any
rules, procedures or practices of the Elections Officer of Jackson County to implement the
requirements of Oregon law.
Page I of2
Section 6. This resolution was duly PASSED and ADOPTED this
,2011, and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
,2011.
day of
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 of2
DRAFT
NOTICE OF BOND ELECTION
City of Ashland
Jackson County, Oregon
NOTICE IS HEREBY GIVEN that on May 17,2011, a special election will be held in
the City of Ashland, Jackson County, Oregon, and that such election shall be conducted by mail
pursuant to Oregon law.
The following shall be the ballot title of the measure to be submitted to the qualified
voters of the city on May 17, 20 II:
City of Ashland, Ballot Measure, May 17,2011 Special Election
Issue General Obligation Bonds to finance Fire Station #2
Caption:
General Obligation Bond Authorization for Reconstruction of Fire Station N02.
Total] 0 words (] 0 words permitted per ORS 250. 035)
Ouestion:
Shall the City issue $3 million in general obligation bonds to finance the replacement of Fire
Station No.2?
Total]9 words (20 words permitted per ORS 250.035 20)
., (!,(/)f\OI ~C d. orckr ,.
Summary:
This measure authorizes the City of Ashland to issue general obligation bonds in the amount of
$3 million to rebuild Fire Station No.2. A $3 million general obligation bond will cost Ashland
taxpayers approximately $0.124 per $1000 assessed property value per year for 20 years.
According to the Jackson County Assessor's office, the average assessed value for a single-
family dwelling in Ashland is $228,710. Based on that value, the property owner would pay
$28.36 per year for 20 years.
Fire Station No.2 is more than 45 years old. The structure is built of non-reinforced concrete
blocks and, according to the Committee Report of the City's 2008 Facilities Master Plan "the
building most likely would not withstand a seismic event." The building is not insulated, does
not have gender-specific accommodations and the living quarters are not sealed from the garage
where ambulances, and fire engines are stored. Bond proceeds will be used to finance the capital
construction and improvements. The replacement station should have a useful life of at least 50
years.
Total 173 words (175 words permitted per ORS 250.035)
I
DRAFT
Explanatorv Statement:
Passage of this measure will increase property taxes approximately $0.124 per $1000 of assessed
property value per year for 20years. According to the Jackson County Assessor's office, the
average assessed value for a single-family dwelling in Ashland is $228,710. Based on that value,
the property owner would pay $28.36 per year for 20 years. Property owners should refer to
their property tax statements t.o determine their assessed value and then calculate the amount they
would pay.
The current station does not meet National Fire Protection Association standards. It is more than
45 years old. The structure is constructed of non-reinforced concrete blocks, and according to
Committee Report of the City's 2008 Facilities Master Plan "the building most likely would not
withstand a seismic event." Replacement of the station was identified as the top priority project
in the Facilities Master Plan.
The size of the current station garage is not large enough to house all the necessary fire vehicles.
The building poses health risks for employees because the living quarters are not sealed from
vehicle emissions. Ground water seeps into storage areas and the HVAC system. The building
does not provide gender specific facilities, indoor parking for emergency vehicles, an adequate
electrical system for the demand, and it is not ADA compliant.
The current location ensures a 5 minute response time to the eastern end of the city. Response
times are a critical component for fire services; current response time in Ashland is 5 minutes
from either of the City's two stations. Eliminating Fire Station No.2 would increase response
time to 9 minutes or greater to some areas of Ashland particularly the Oak Knoll neighborhood.
According to the study conducted in 1993 by Urban Planning Associates, Inc., of Mission Viejo,
California, "The present locations ofthe'two City fire stations are optimal sites for providing
prompt fire and emergency medical services responses throughout the City."
In January 2010, the City Council appointed fourteen Ashland citizens to the Public Safety Bond
Committee to evaluate the need for improvements to Fire Station No.2. In May 2010, the
Committee unanimously recommended to the City Council that the City place a measure on the
May 20 II ballot to seek voter approval to issue general obligation bonds not to exceed $3
million to build a new Fire Station No.2, which is less than the $5 million proposed in 2006.
The new design is a two-story structure of approximately 10,000 square feet, which is 4, ISO
square feet smaller than the 2006 design. It will be in the same location, cover the same lot size,
and will not encroach on Sherwood Park. The project received land use approval in April 2009,
with an 18-month extension approved in September 20 I O. The replacement station should have
a useful life of at least 50 years.
The new station will meet all the safety, health and operational needs of the Fire Department.
Tota/483 words (500 words permitted per ORS 246.150,251.305 & 251.325 500)
2
CITY OF
ASHLAND
Council Communication
A Resolution Authorizing a Land Transfer between the City of Ashland and the
Ashland Parks Department Relating to the Dedication of a Portion of the Property
Located at 380 Clay Street for Park's Purposes.
February 1,2011 Primary Staff Contact: Bill Molnar
Community Development E-Mail: Bill.molnar@ashland.or.us
Administration! e a Secondary Contact: Brandon Goldman
Martha Bennett Estimated Time: 20 Minutes
Meeting Date:
Department:
Secondary Dept.:
Approval:
Question:
Should Council approve a resolution authorizing a land transfer ofa portion of the 380 Clay Street
property to the Ashland Parks Department for Park's Purposes.
Staff Recommendation:
Staff Recommends approval of the attached resolution.
Background:
At a public hearing held on November 4, 2008 the City Council reviewed and approved the proposal to
acquire a I O-acre property on Clay Street in partnership with the Housing Authority of Jackson County
(HAJe). The property was purchased in December 2008, and subsequently partitioned to provide the
Housing Authority of Jackson County with 4 acres upon which they have developed 60 affordable
rental units.
At the time of acquisition the Council also voted to allow the Parks Department up to two years to
obtain the funding necessary to purchase a portion of Clay Street intended to be utilized as parkland.
As the Meals Tax was approved by Ashland voters in May of2010, the Parks Department has affirmed
its commitment to use these funds to acquire a portion of the subject property to expand and enhance
the YMCA Park.
Approximately 3.18 acres ofland is to be acquired by the Parks Department and is delineated on the
attached map (Exhibit A). The acquisition price for the property includes compensation for
approximately .57 acres ofland area originally acquired by the City and dedicated as Public Right of
Way which was necessary to provide access to the proposed Park property. The combined 3.75 acres
in land area is being purchased at the original purchase price value of $360,000 per acre for a total of
$] ,350,000.
Upon final partition of the original City-owned property, the land ownership would be as follows:
Parks Department = 3.18 acres
City = 0.92 acres
Wetland (City) = 1.0 acres
Housing Authority of Jackson County (owned) = 3.46 acres
Engle Street Right of Way (dedicated) = 0.64 acres
Villard Street Right of Way (dedicated) =0.50 acres
Page 1 of3
~~,
CITY OF
ASHLAND
A total of 1.92 acres of property will remain in City ownership. A one acre area in the North-west
corner is a delineated wetland which will remain in City ownership. Approximately 0.92 acres is
zoned for multifamily housing (20 units per acre) and could accommodate up to 18 dwelling units. The
final disposition of the 0.92 acre residentially developable portion of the property will require a
separate Council decision independent of the proposed resolution. Future development of this City
portion of the property will entail an independent planning action and it is anticipated that the Council
would work with staff and the Housing Commission in defining the scope of this future Phase of the
site's development.
In originally acquiring the property, the Council requested that a street reservation area be provided
along the north property line to enable the installation of a future street, with a goal of maintaining the
potential for an additional east-west connection between Clay Street and Tolman Creek Road. As
indicated on the attached Exhibit A, a future ~treet reservation area has been delineated along the north
property line to retain this potential connection. No new street is proposed at this time.
The attached resolution also apportions the costs associated with off-site improvements recently
completed including sidewalk, curbs and a new right hand turn lane improvement on Clay Street. The
City and the Parks Department will equally divide these improvement costs each paying an estimated
$34,406 toward these infrastructure improvements. The Housing Authority of Jackson County
completed construction of these improvements and paid 50% of the total construction costs.
To divide the land and provide Parks with a discrete parcel, a formal land partition must be completed.
The attached resolution outlines responsibilities for the planning application process. The existing
conditions of approval for the original I O-acre subdivision remain in effect and include the extension
of the McCall Drive Alley, which shall be developed when the 0.92 acre City property develops. Per
the proposed resolution, Parks and the City will contribute equally to the costs associated with the
construction of this alley extension. A new multi-use pathway for cyclists and pedestrians through the
proposed Park property was also required as a condition of the original subdivision's land use
approval. To address this condition of approval, and provide immediate pedestrian access from Clay
Street to the YMCA Park, the Housing Authority of Jackson County is installing a temporary path at
this time. Upon taking ownership of the property, Parks will undertake a Master Plan for the site
including installation of a permanent multi-use pathway to provide bike and pedestrian access from
Clay Street to Tolman Creek Road.
Fiscal Impact . I
At the time of the initial acquisition of the property, the Council directed that $500,000 of the proceeds
of any future sale ofland of the City's Clay Street property should be directed towards resolving
downtown parking and transportation issues. This reservation of sale proceeds was in recognition of
the value of the Lithia Way Parking Lot which was used as part of the land trade component for the
original purchase of the Clay Street Property. Additionally the Council stipulated that an inter-fund
loan in the amount of$625,000 used to purchase the property be repaid. The City anticipates an
$34,406 relating to the Construction of infrastructure improvements.
Sale of the property identified to Parks for $1.35 Million will enable the City to repay the $625,000
inter-fund loan with accrued interest, reserve the $500,000 toward addressing downtown transportation
Page 2 of3
~~,
CITY OF
ASHLAND
or parking issues, and pay the City's obligation for off-site improvements. Upon completion ofthe
land transfer and annual payments by the Parks department the City will retain approximately
$190,594, exclusive of interest and planning cost associated with the survey and division of the
property.
Related City Policies:
Comprehensive Plan:
The Parks and Open Space Element of the Comprehensive Plan specifically identifies acquisition of
the Clay Street Property as a potential new community park:
"This plan identifies two areas for potential new community parks. One, Clay Street Park, is an
extension of the existing YMCA Park and would add 15 acres to the 8.5 acres existing, and
provide an open space connection between Clay Street and Tolman Creek Road."
The adopted Parks, Trails, and Open Space Program Plan 2000-2012 plan identifies the Clay street
property within the short term acquisition listing to provide Active Athletic Fields.
Council Options:
Council may accept this recommendation and authorize staff to proceed or take no action awaiting
additional information.
Potential Motions:
I move to approve the attached resolution authorizing a land transfer of a portion of the 380 Clay Street
property to Ashland Parks..
Attachments:
. Resolution authorizing a Land Transfer between the City of Ashland and the Ashland Parks
Department
. Exhibit' A' - Map identifYing respective land areas to be transferred.
. Parks Commission July 26 2010 Minutes
. Map of proposed pathway.
. Letter from neighbors opposing pathway
Page) of3
r.t. ,
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING A LAND TRANSFER
BETWEEN THE CITY OF ASHLAND AND THE ASHLAND
PARKS DEPARTMENT RELATING TO THE DEDICATION
OF A PORTION OF THE PROPERTY LOCATED AT
380 CLAY STREET FOR PARK PURPOSES.
Recitals:
A. The City of Ashland (hereinafter "City") has acquired property at 380 Clay Street, which is
identified in the 2000-2012 Open Space Master Plan.
B. The Ashland Parks Department (hereinafter "Department") desires to own, operate, and
maintain parks and open space as identified in the 2000-2012 Open Space Master Plan.
C. The City desires to divest itself of ownership, development, management, and financial
responsibility of approximately 3.18 acres of the subject property.
D. The Department's acquisition of this property will enable it to address the Comprehensive
Plan goal of providing the people of Ashland with a variety, quantity and quality of parks, open
space, trails and visual resources sufficient for the community's needs.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Land Transfer. The City agrees to transfer to the Department approximately 3.18
acres ofland, referenced as "City Parks 3.18 acres" in Exhibit A, which is attached and
incorporated herein by this reference. The City shall retain approximately 0.92 acres ofland,
referenced as "City of Ashland 0.92 acres" in Exhibit A, and I acre of wetlands referenced as
"City Parks (wetland) I acre." in Exhibit A.
SECTION 2. Payment Terms._The Department shall pay a total of $1 ,350,000. The Department
shall make payments of $208,000 per year beginning in fiscal year 2010-2011, and continue to
pay such amount on an annual basis until paid in full. All annual payments are based on the
City's fiscal year.
SECTION 3. Infrastructure Improvements. In addition to payment for purchase of the
property, the Department agrees to pay 50% of the total cost for all shared infrastructure and
planning actions. Specifically, the Department agrees to pay for 50% of the total cost to the City
of the right turn lane from Clay onto Ashland Street including sidewalk and Curb improvements
on Clay Street. The Department's payment for these infrastructure improvements will be
approximately $34,406. However, the City and the Department will each be solely responsible
for any infrastructure that is required for permitted activities that shall occur exclusively on the
City's or the Department's property. Therefore, the City will be solely responsible for necessary
improvements and permits required to develop the property it is retaining, and the Department
r
Page 1 0[2
shall be solely responsible for necessary improvements and permits to develop the transferred
property.
SECTION 4. Maintenance of Wetland. The City shall retain the wetland; however, the City
and the Department agree to share the maintenance of the area referenced as "City Parks
(wetland) I acre." The City and the Department shall discuss the maintenance schedule and cost
each fiscal year. The City and the Department shall delegate to the City Administrator and the
Parks Director the authority to determine a maintenance schedule each year.
SECTION 5. Partition of Property. The City and the Department shall file and pursue to
approval, including any appeals, an application to partition the Property so that at least two legal
parcels are created. The City parcel shall constitute approximately 37.5% of the land area, and
the Department parcel shall constitute approximately 62.5% of the land area of the parent parcel.
The parties may agree to create a discrete third parcel for the wetland area to facilitate continuing
maintenance. This future land division will be in substantial conformity with the site layout plan,
including but not limited to future street reservation area, alley extension, and pathways
development, as indicated in Exhibit A. The City and Department shall be jointly responsible for
permit fees associated with a land use application including surveying and engineering costs
associated with the partition.
SECTION 6. The land transfer shall reserve to the City parcel the full residential dwelling
potential of the parent parcel. Any additional units which may be obtained by amendment to the
outline plan, by density bonuses, transferable development rights or any other means, shall be
reserved to the City.
SECTION 7. The City, or subsequent developer of the 0.92 acre property, and the Department
shall be jointly responsible to construct and fund the installation of an alley connection from
Villard and Engle Streets to the existing McCall Drive alley terminating along the south property
line. Construction costs associated with the extension of McCall Drive Alley shall be divided
equally between the City and the Department.
SECTION 8. This resolution was duly passed and adopt~d this ~ day of~, 2011 and
takes effect upon signing by the Mayor.
Barbara.Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Megan Thornton, Interim City Attorney
Page 2 0[2
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City of Ashland
PARKS AND RECREATION COMMISSION
REGULAR MEETING MINUTES
July 26,2010
ATTENDANCE
Present: Commissioners Eggers, Gardiner, Lewis, Noraas, Rosenthal; Director Robertson; Superintendents
Gies and Dials
Absent: City Council Liaison Jackson
CALL TO ORDER
Gardiner called the meeting to order at 7:00 p.m. at Council Chambers, 1175 E. Main Street.
APPROVAL OF MINUTES
Studv Session -June 21. 2010
MOTION Eggers moved to approve the minutes as written. Rosenthal seconded the motion.
The vote was: All yes
Special Meetina- June 25, 2010
MOTION Noraas moved to approve the minutes as written. Lewis seconded the motion.
The vote was: All yes
Reaular Meetina - June 28. 2010
In the section entitled "Open Forum," Rosenthal pointed out that the request by John Williams for a waiver of the
rule limiting amplification at Ihe bands hell to 1.5-hours was not denied but, rather, was not placed on the
agenda.
Under "New Business," in the section entitled Potential Land Conversion at Comer of Nufley and Granffe
Streets, Eggers asked for the deletion of the third sentence in the first paragraph under "Discussion Among
Commissioners," as the commission did not consider the possibility of Mastain purchasing an equivalent lot
elsewhere in the city.
MOTION Rosenthal moved to approve the minutes as amended. Noraas seconded the motion.
The vote was: All yes
PUBLIC PARTICIPATION
OPEN FORUM
David Tourzan, 395 Granite Street, said Park Patrol told him he was not welcome to play or even wade in the
creek except in limited areas and the entorcement was frustratin9 and confusin9. He said the ordinance
prohibiting entering the creek (except in designated areas) was overly restrictive. He said most people wanted to
protect the creek but also wanted to explore it without fear of harassment or fines. He said the 1916 code was
outdated. arbitrary, and inappropriate. He offered his services toward finding a solution, including conducting
research and surveys, so the community could share in the blessings of the creek.
Commissioners asked Tourzan to forward his suggestions to staff for distribution to the commission. They
discussed the possibility of placing the item on a future study session agenda.
ADDITIONS OR DELETIONS TO THE AGENDA
None
PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION AWARD
Administrative Services and Finance Director Lee, Tuneberg said the commission received their 21st
consecutive GFOA award for excellence in financial reporting, the highest award given for the Comprehensive.
Annual Financial Report. He said the award symbolized the commission's willingness to go above minimum
standards in financial reporting and the GFOA was not automatic but had to be rigorously pursued. He said the
GFOA process included three peer reviews and a report card outlining methods for improving reports each year.
He thanked his accounling staff, Parks staff, and the commission for their efforts.
Page 2 on (
Regular Meeting Minutes - July 26, 2010
Ashland Parks and Recreation Commission
UNFINISHED BUSINESS
LOWER CLAY STREEK PROPERTY PURCHASE
Robertson said the ccmmission discussed the lower Clay Street property at the June 28 regular meeting. At that
time, staff was asked to provide answers to questions relating to the potential property purchase:
. City rights-of-way or easement requirements
. City parking requirements
. YMCA ccntract language
. Future plans from the YMCA
He reported that staff met with Planning Director Bill Molnar and discussed both the easement and right-of-way
issues. He said Molnar provided a map and identified two easements that would need to be constructed on the
property-the first along the northern property boundary extending 20 feet into the park and the second at the
southern boundary that would require an easement from the apartments to the new street (Villard). In terms of
parking. Molnar indicated that Planning would rely on Parks' master planning process to determine parking
requirements as the City did not have parking standards for parks.
Robertson said he also met with YMCA Executive Director Lisa Molnar who expressed enthusiasm for the
possible addition of park land adjacent to-the YMCA Park. He said both parties agreed that any new land would
be outside the current agreements between Parks and the Y that were associated with the current YMCA Park.
He said Molnar did not express interest in enlarging the soccer fields for Y programs but did show concern about
the potential draw adult-sized fields cculd create for the park. He referenced the agreements between the Y and
the Parks Commission regarding use of the currenl YMCA Park.
Commissioners asked whether Parks would be required to build the easement to the apartment complex and
Robertson said the expense could be shared between the City and Parks. He said the YMCA indicated they had
no current plans to purchase property. build on Park property, or expand. In terms of the "annual scheduling"
Parks and the Y were expected to review each year, Robertson said the scheduling had not occurred in years
but Parks and the Y expressed interest in reinstating the practice.
MOTION Lewis moved to proceed with the purchase of 3.75 acres of property located on lower Clay Street for
the price of approximately $1.3 million, with further details worked out between City Council and the commission.
Eggers seconded the motion.
The vote was: All yes
NEW BUSINESS
None
SUB-COMMITTEE and STAFF REPORTS
Lithia Park Playground Report
Gies reported that the popular new climbing structure in the Lithia Park playground called the "Webclimber" had
suffered unusual wear and tear. He said staff notified the vendor who notified the manufacturer and the
manufacturer offered to repair the structure free of charge if it could be shipped to the factory in Scotland. He
said the structure would be disassembled in the near future and shipped to the factory, then replaced into its
location within 4-8 weeks.
Announcement of FY 2010-2011 Study Session Calendar
Robertson said study session topics for the fiscal year were determined at the June study session, with topics
linked to Parks Commission goals. He said the August study session agenda would include non-native
vegetation control and Lithia Park master plan. He reviewed all other topics assigned for the fiscal year.
Oak Knoll Golf Course Cash Deposit Report
Robertson reviewed Oak Knoll Golf Course cash deposit reports for FY '09 and '10. Rosenthal thanked club
house manager Tom Cronin and his assistant, Haley Jones, for their long hours at the club house and said he
was pleased to see the numbers moving in a positive direction.
Page 3 of3
Regular Meeting Minutes - July 26, 2010
Ashland Parks and Recreation Commission
ITEMS FROM COMMISSIONERS
Eggers questioned the recent lower water level at the upper duck pond and the "de-mossing" of the TID water.
Gies said TID workers walked along and pulled moss out using an excavator, which caused some murkiness,
and the lower water level was being resolved with assistance from the City of Ashland Water Department.
Eggers asked about the new irrigation system in which Lithia Park was irrigated with upper duck pond water and
Gies said the system was working very well.
Robertson reported that a pond turtle recently hatched at the upper pond and several goldfish were dropped oft.
Eggers reported that the Lithia Park water quality testing committee, comprised of experts from several
organizations along with volunteers, had gathered water samples throughout the summer each Wednesday
morning and aftemoon and Saturday morning and afternoon at seven locations along the creek, with the water
tested for temperature, turbidity, conductivity, PH, and E. Coli. She said testing sites included above the
swimming reservoir, at the bridge across from Water Street, above and below the storm drain at Nutley, and
above and below the TID input area.
Gardiner reported that he and Robertson presented the Parks Commission's integrated pest management policy
to council the previous Tuesday. He said councilors commented on the policy and several did not want to accept
it even though it was an information-only piece. He said the mayor chose to open the topic for public testimony.
Robertson said a motion was made to add it to the evening's agenda but the motion failed.
Gardiner reported that the mayor talked about creating a brown bag lunch series in which commissions and
committees chose topics for discussion. Eggers said the mayor appointed members to most City of Ashland
commissions and committees while Parks commissioners were voted in by the citizens of Ashland.
UPCOMING MEETING DATES
. Study session set for August 16 at 7:00 p.m., Parks Office, 340 S. Pioneer Street. Topics to include:
o Lithia Park Master Plan
o Non-Native Vegetation Control
. Regular meeting set for August 23 at 7:00 p.m., Council Chambers, 1175 E. Main Street.
ADJOURNMENT- By consensus, with no further business, Gardiner adjourned the meeting at 8:10 p.m.
Respectfully submitted,
Susan Dyssegard
Ashland Parks and Recreation
"'3
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AlIeNorth Properties LLC
340 A St. Suite 6
Ashland, OR 97520
541-201-8881
January 18, 20 II
Dear Honorable Commissioners:
As thcir propel1y manager, I am writing on behalfofthe owners and residents of Tolman
Creek Park, the manufactured home park located at 215 Tolman Creek Road in Ashland.
Thc development of the lower Clay Street affordable housing project has brought up a
concern voiced by many residents. Although it is not currently planned, they believe that
the Planning Commission or the Parks & Recreation Commission lIlay create a pcdestrian
easement, between the rear of their lots and the YMCA park property, connecting Clay
Street to Tolman Creek Road.
The residents of Tolman Creek Park consist mostly of seniors, and the Park provides a
safe, low cost housing alternative. They are conccrned that a pathway behind their homes
would diminish their security. They have asked ~l1e to request, that if such a pathway is
to be considered by the Planning or Parks & Recrcation Commissions, that appropriate
privacy fencing be installed by the City of Ashland on the YMCA park property
bordering 2 I 5 Tolman Creek Road, according to Residcntial Standards in Ashland
Municipal Code.
While I understand no such pathway is under current planning or construction, I wanted
to voice our residents' concern to both the Planning Commission and the Parks &
Recreation Commission representatives in advance. Thank you very much for your time
& consideration.
Sincerely,
LCb--
Seott A IIcn
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Adoption of 2011 City Council Goals
February I, 201 I Primary Staff Contact:
Administration E-Mail:
None Secondary Contact:
Martha Bennet Estimated Time:
Martha Bennett
bennettm@ashland.or.us
None
20 minutes
Question:
Does the City Council want to adopt the City Council Goals for 2011?
Staff Recommendation:
Staff recommends adoption of the goals. Stafffurther recommends adoption of the revised Values and
Vision.
Background:
On January 15,20]], the City Council held a goal setting retreat. The purpose of the retreat was to
develop goals to guide the City's work for the next 12 to 24 months. Prior to the retreat, the City
Council received comments from most of the City's Boards and Commissions, several comment letters
from individual citizens, and feedback from the City's department directors
Attached to this Council Communications is a list of the proposed goals, with the new goals and the
revisions from the 2010 goals highlighted in yellow. In one case, the City Council asked Councilor
David Chapman and Mayor Stromberg to work on the language of the goal.
Staff recommends that the Council take public testimony during on these goals as part of your
February 1,2011 Meeting. Council should then make any revisions desired to the goals statements.
Staff then recommends Council adopt the goals formally. Staff further recommends that the City
Council liaisons to each of the boards and commissions communicate these goals to our volunteer
groups. Staff will also use these goals to develop the FY 201 budget, including any new program
proposals that will need to be considered during the Budget process.
Also at the retreat on January] 5,2011, the Councilors discussed minor revisions to the City Council
Values and the City of Ashland Vision. Staff has made revisions to those documents (the 2010
Adopted Version is also attached), and recommends that the Council adopt these documents.
Related City Policies:
None.
Council Options:
None.
Potential Motions:
1 move to adopt the City Council Goals as presented.
Page 1 of2
~~,
CITY OF
ASHLAND
Attachments:
Proposed City Council Goals
Draft 2011 City Council Values
Draft 201 I City of Ashland Vision
2010 adopted Values and Vision
Page 2 of2
~~,
DRAFT 2011-2012 CITY COUNCIL GOALS
OVERVIEW
The City Council has set goals for the next 12 to 24 mo~ths to continue Ashland's history as a
community that focuses on sustaining itself and its people. To us, sustainability means using,
developing and protecting resources at a rate and in a manner that enables people to meet their
current needs and also provides that future generations can meet their own needs. The City of
Ashland has a responsibility towards sustainability in five areas:
. Economy
. Environment
. Social Equity
. Municipal Organization
. Infrastructure
ECONOMY
Adopt a comprehensive economic development strategy to: diversifying the economic base
of the community; support businesses that use and provide local and regional products;
increase the number of family-wage jobs; and leverage Ashland's tourism and repeat visitors
~dQpran action plan by June 30, 2011 to ensure City programs and activities support the
Jo'i.,I
overall strategic direction.
Complete the feasibility study for urban renewal and tax increment financing as a method of
fiinding infrastructure, public facilities, and economic development programs for the Croman
Mill.District, the railroad district, and the downtown.:
Increase the clarity, responsiveness, and certainty of the development process. Develop a
fpecific action plan to respond to the recommendations of the 2006 Zucker and Seigel
R~PQrts
ENVIIWNMENT
Adopt land use codes, building codes, green building standards, and fee structures that
creates strong incentives for development that is energy, water, and land efficient and
supports a multi-modal transportation system.
Develop a strategy to use conservation and local renewable sources to meet Tier 2 power
demands.
J;:l}s\ue City departments develop practices to conserve our resources: Natural, Human and
Financial.
1. Protect the quality of air, water and land and conserve these resources in daily operations.
2. Help staff develop their full potential.
3. Use financial resources efficiently,
Develop a concise sustainabilitv plan for the community and for City operations.
DRAFT Page lof2
SOCIAL EQUITY
Decide whether to develop or sell the remaining land on Clay Street.
Appoint an ad-hoc committee to make recommendations to the City Council regarding issues
related to homelessness. Includes major government, non-profit, and faith community
partners on the Committee. Request.
. Short-term recommendations no later than May I, 20 II to address the more urgent issues
that confront the community ,
. Long-term recommendations about how the way the City and partner organizations can
work tOl!ether
ORCANIZATION
Develop plan for fiscal stability, manage costs, prioritize services, and insure key revenue
streams. Adopt policies and targets to use surpluses in ending fund balances to fund longer-
term reserves. Imnlement 2010 Council direction on Endinl! Fund Balance targets.
Adopt a plan to increase the City's ability to afford the cost of employee benefits while
ensuring that employee benefits remain a tool for recruiting and retaining a high quality work
force.
Recognize and affirm the value ofthe contribution of volunteers to the City and the
Communitv. ~
Move to a biennial budget, with adjustments and policy discussion in the second year, with
the first two vear nrocess for Fiscal Years 2012-2013 and 2013 -2014.
Evaluate the need to revise the powers, duties, and membership of the Tree Commission,
Housing Commission, Conservation Commission, Public Arts Commission, and Planning
Commission.
INFRASTRUCTURE
Adopt 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, and minimize new
automobile-related infrastructure.
Adopt an integrated Water Master Plan that addresses long-term water supply including
climate change issues, security and redundancy, watershed health, conservation and reuse,
and stream health.
Complete a feasibility and financing plan regarding renovating the Grove for the Ashland
Police station. Evaluate use of the existing police station for other City office needs.
DRAFT Page 2 of2
City of Ashland Values Statement
Draft Revisions Proposed at January 15,2011 City Council retreat
Introduction
In January 2011, the Ashland City Council looked at the values they use to guide their decisions for the
City. As members of the Ashland City Council, we value:
Participatory government, We value government that is open, accessible, honest and democratic. We
value responsive and visionary leadership by elected officials. We have professional, high quality staff.
We seek to be efficient and effective with public funds. Our citizens are engaged with their local
government as volunteers and in critical community decisions.
Natural Environment, Our town is part of nature's community. We seek to enhance the quality of water,
land, air, and wildlife. Our parks and open spaces provide habitat for plants and animals and access to
nature for our residents. .
Responsible Resource Use. We value sustainable use ofland, water, energy, and public services; our
architectural heritage; and buildings with quality design and construction. We value a vibrant downtown,
Lithia Park and strong neighborhoods. We support transit, bicycling, and walking throughout our land use
plans. We actively support energy conservation and alternative energy generation.
Free Expression. We invite the exchange of diverse ideas. We value the social, economic, and creative
contributions of the arts, cultural activities, and community events.
Diversity. We are a welcoming community that invites and respects the individuality and contributions of
all people.
Economy. We value an economy that creates wealth for all. We strive to nurture homegrown business
and to connect local consumers to local products. Our economy supports creativity, entrepreneurship, arts
and culture. Our economic health depends on Southern Oregon University and supports high quality
public services. We value a business community in tune with the environment and that provides good
wages and economic choices for individuals and families.
Distinctiveness. Ashland is a unique part of the Rogue Valley. We depend on partnerships in our
community and region to meet many of the needs of our residents. At the same time, we value our ability
to develop innovative approaches and to chart our own course.
Continuous Learning and Improvement. We value lifelong education. We value the social, economic,
cultural, and civic contributions of strong, integrated educational institutions.
Basic Needs. We believe each person needs public safety, water, sanitation, adequate food, clothing,
housing, transportation, and health care.
Community. We believe Ashland is a unique and special place. Residents participate in community life
and feel a sense of belonging. Ashland is a good place to raise a family. Community gardens,
neighborhoods, schools, volunteerism, and events bring our residents together. Residents look out for each
other and support those in need.
City of Ashland Vision
Draft Revisions Proposed at January 15, 2011 City Coun~il retreat
Introduction
In preparation for goal setting in 2011, the Ashland City Council revised their picture of what Ashland
would look like in the year 2030. This picture is positive and ambitious. While many of the statements in
the vision are ambitious. the Council will work to keep Ashland environmentally, economically, and
socially sustainable.
Vision for 2030
In 2030, Ashland is a beautiful town on the edge of the Siskiyou Mountains. Ashland is a safe and
welcoming place. Residents and visitors enjoy high quality outdoor recreation, and performing and visual
arts.
Ashland avoided sprawl, preserved historic buildings, and provided a variety of transportation and
housing choices as it has developed. Ashland has vibrant neighborhoods with singles, families, children,
and seniors living together. People know their neighbors, and they work together to care for each other.
Residents can find jobs, shopping, recreation, and open space within an easy walk from their homes.
As a community, Ashland is a leader in sustainable environmental practices. Ashland's creeks support
fish, birds, and wildlife. The community meets its energy needs through conservation and alternative
energy generation. Many parks include community gardens, and Ashland supports farming in the Rogue
Valley through advocacy, community growers markets, and economic development. Residents manage
their water use through conservation, drought tolerant landscaping, and reuse of storm water and effluent.
Ashland is connected to the Rogue Valley and west Coast through excellent telecommunications
,
infrastructure and strong transit and rail systems.
Residents and visitors share Ashland's downtown. Ashland is eclectic, and differences are treasured, not
just tolerated. Visitors return to Ashland year after year. Community events and festivals allow locals,
regional residents, and visitors to share. music, food, and ideas.
Ashland's economy is adaptive, resilient, and flexible, built on an entrepreneurial private sector, creative
arts, and Southern Oregon University. The economic health of the community relies on homegrown
businesses, community reinvestment, education, quality public services and sustainable business practices.
Ashland's K-12 school system is one of the best in the nation. Southern Oregon University graduates
students who succeed in life and their careers because they are well prepared for life and work in the 2151
century.
Ashland's forests are healthy and managed to support the unique ecology of the Siskiyou Mountains,
support recreation, provide clean drinking water, and ensure Ashland is s~fe from catastrophic forest fire.
The City of Ashland is respected in Oregon and the region as an innovative, effective, and efficient
municipal government. The City is responsive to citizen and business needs. The City is an employer of
choice to high quality professionals who have chosen public service as a career.
City of Ashland Values Statement
Adopted June 2010
Introduction
In April 2009, the Ashland City Council began work on goals to guide the City's workfor the next /8 to
24 months. To guide their goal setting, the City Council first defined their values. They described. in
. positive terms, the things they use to make decisions about what is good for the community and good for
the City of Ashland as an organization. As members of the Ashland City Council, we value:
Participatory government. We value government that is open, accessible, honest and democratic. We
value responsive and visionary leadership by elected officials. We have professional, high quality staff.
We seek to be efficient and effective with public funds. Our citizens are engaged with their local
government as volunteers and in critical community decisions.
Natural Environment. Our town is part of nature's community. We seek to enhance the quality of water,
land, air, and wildlife. We actively support energy conservation and alternative energy generation. Our
parks and open spaces provide habitat for plants and animals and access to nature for our residents.
Responsible Land Use. We value sustainable use of land, water, energy, and public services; our
architectural heritage; and buildings with quality design and construction. We value a vibrant downtown,
Lithia Park and strong neighborhoods. We support transit, bicycling, and walking throughout our land use
plans.
Free Expression. We invite the exchange of diverse ideas. We value the social, economic, and creative
contributions of the arts, cultural activities, and community events.
Diversity. We are a welcoming community that invites and respects the individuality and Fontributions of
all people.
Economy. We value an economy that creates wealth for all. We strive to nurture homegrown business
and to connect local consumers to local products. Our economy supports arts and culture, connects to
Southern Oregon University, and supports high quality public services. We value a business community
in tune with the environment and that provides good wages and economic choices for individuals and
families.
Distinctiveness. Ashland is a unique part of the Rogue Valley. We depend on partnerships in our
community and region to meet many of the needs of our residents. At the same time, we value our ability
to develop innovative approaches and to chart our own course.
Education. We value lifelong education. We value the social, economic, cultural, and civic contributions
of strong, integrated educational institutions.
Basic Needs. We believe each person needs public safety, water, sanitation, adequate food, clothing,
housing, transportation, and health care.
Community. We believe Ashland is a unique and special place. Residents participate in community life
and feel a sense of belonging. Ashland is a good place to raise a family. Community gardens,
neighborhoods, schools, volunteerism, and events bring our residents together. Residents look out for each
other and support those in need.
City of Ashland Vision
Adopted June 2010
Introduction
In preparation for goal selling in 2009, the Ashland City Council developed a picture of what Ashland
would look like in 20 years - the year 2030 - if the community makes decisions consistent with its values.
This picture is positive and ambitious. It requires the City Council to tackle a variety of problems - from
economic change to new energy markets to political polarization - in an optimistic and constructive way.
While many of the statements in the vision are ambitious, the Council believes it can be reached if the
community shares hope for the fil/ure and a willingness to work to ensure the community stays vibrant and
unique.
Vision for 2030
In 2030, Ashland is a beautiful town on the edge of the Siskiyou Mountains. Ashland is a safe and
welcoming place. Residents and visitors enjoy high quality outdoor recreation, and performing and visual
arts.
Ashland avoided sprawl, preserved historic buildings, and provided a variety of transportation and
housing choices as it has developed. Ashland has vibrant neighborhoods with singles, families, children,
and seniors living together. People know their neighbors, and they work together to care for each other.
Residents can find jobs, shopping, recreation, and open space within an easy walk from their homes.
As a community, Ashland is a leader in sustainable environmental practices. Ashland's creeks support
fish, birds, and wildlife. The community meets its energy needs through conservation and alternative
energy generation. Many parks include community gardens, and Ashland supports farming in the Rogue
Valley through advocacy and economic development. Residents manage their water use through
conservation, drought tolerant landscaping, and reuse of storm water and effluent. Ashland is connected
to the Rogue Valley and west Coast through excellent telecommunications infrastructure and strong transit
and rail systems. ,
Residents and visitors share Ashland's downtown. AsWand is eclectic, and differences are treasured, not
just tolerated. Visitors return to Ashland year after year. Community events and festivals allow locals,
regional residents, and visitors to share music, food, and ideas.
Ashland's economy is adaptive, resilient, and flexible, built on an entrepreneurial private sector, creative
arts, and Southem Oregon University. The economic health of the community relies on homegrown
businesses, community reinvestment, education, quality public services and sustainable business practices.
,
Ashland's K-12 school system is one of the best in the nation. Southern Oregon University graduates
students who succeed in life and their careers because they are well prepared for life and work in the 21 "
century.
Ashland's forests are healthy and managed to support the unique habitat of the Siskiyou Mountains,
support recreation, provide clean drinking water, and ensure Ashland is safe from forest fire.
The City of Ashland is respected in Oregon and the region as an innovative, effective, and efficient
municipal government. The City is responsive to citizen and business needs. The City is an employer of
choice to high quality professionals who have chosen public service as a career.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Designation of Attendee for Urban Renewal Feasibility Study
Stakeholder Meetings
February 1,2011 Primary Staff Contact:
Community Development E-Mail:
None Secondary Contact:
Martha Bennet Estimated Time:
Bill Molnar
molnarb@ashland.or.us
Maria Harris
5 minutes
Question:
Who will Council designate to attend the stakeholder meetings for the infrastructure financing and
urban renewal feasibility study?
Staff Recommendation:
N/A
Background:
As part of the infrastructure financing and urban renewal feasibility study, two to three meetings will
be held with representatives /Tom the entities levying taxes upon property in Ashland (e.g. Jackson
County, Ashland School District). The first stakeholder meeting will be on February] 5 during office
hours, and will be one and a half to two hours in length. The feasibility study will also include three to
four concurrent study sessions with the City Council. The first study session with the City Council on
the feasibility study is scheduled for February 14.
The purpose of the stakeholder meetings is to involve the various taxing districts by providing
information about the study and discussing any concerns. The attendees will be primarily staff from
the various jurisdictions with taxing districts in Ashland. When tax increment financing is in place, the
taxing districts that levy permanent rate property taxes in the urban renewal area (i.e. in the City of
Ashland) do not receive property tax revenues from the growth in assessed value in the urban renewal
area. Since the feasibility study will examine tax increment financing as a potential tool for addressing
infrastructure financing and economic development, it is important to involve the taxing districts that
levy property taxes in the city early in the process.
Should the Council decide to use tax increment financing as a tool in the future, state law requires the
preparation an urban renewal plan, and the plan to be forwarded to the Planning Commission for a
recommendation, prior to presenting the plan to the City Council. As a result, attendees from the City
Council and Planning Commission are being included in the stakeholder meetings.
The Economy section of the 2010-2011 City Council Goals includes the following goal: "Develop an
implementing strategy for funding infrastructure and public facilities for economic development
projects." Additionally, the Croman Mill Site Redevelopment Plan includes "Identify the feasibility of
creating an Urban Renewal District and Urban Renewal Plan" as a next step which is needed to
implement the redevelopment plan. The City Council received an update on tax increment financing
and urban renewal as a potential tool to address funding public facilities for economic development at
the September 21,2010 meeting. .
Page I of2
-.11
...11
CITY OF
ASHLAND
The first step in considering tax increment financing as a potential tool is to determine the eligibility
and feasibility of an area as an urban renewal area. The preparation of an urban renewal plan requires
a determination of whether or not the plan is financially feasible, and addresses whether the revenue
will be sufficient to cover costs. State law also requires an analysis of the impacts of tax increment
financing on overlapping taxing districts, and this is done at a general level in the feasibility study. It
is important to note that the infrastructure financing and urban renewal feasibility study will include
the identification and evaluation of several financing alternatives such as tax increment financing, local
improvement districts, systems development charge dedications and developer contributions. As an
incentive for development, Enterprise Zones will also be evaluated.
Related City Policies:
N/A
Council Options:
Select a meeting attendee for the stakeholder meetings for the feasibility study.
Attachments:
None
Page 2 on
~~,
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending Business License Ordinance
February 1,2011 Primary Staff Contact: Megan Thornton
Legal E-Mail: thomtm@ashland.or.us
Finance Depart e Secondary Contact: Lee Tuneberg
Martha Bennet Estimated Time: 15 Minutes
Question:
Should the City Council approve First Reading of an ordinance titled, "An Ordinance Relating to
Business Licenses" and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading by title only and set the matter for Second
Reading.
Background:
The business license ordinance was adopted almost twenty years ago. There have been a number of
enforcement cases from different departments that have suggested that changes to the business license
ordinance may be advantageous. For example, business licenses are currently issued to applicants
even if the business is in violations of the land use code, food and beverage tax, or the transient
occupancy tax.
At a study session on December 6,2010, the Council provided direction to staff to draft a business
license ordinance that would also regulate businesses. The Council directed staff to include criteria that
. would allow a business license to be denied or revoked and a process for revoking the license if the
criteria were met. In addition, the Council discussed adopting a fee structure that would allow the City
to collect better data on the number of rental properties and home occupations in the City and
. shortening the term for temporary licenses.
On January 18,2011, the Council provided comments on the draft ordinance and requested additional
changes before first reading.
Based on the direction the Council provided at,its January 18th meeting, a nu.mber of changes were
made to the draft ordinance; specifically:
. The definition of "non-profit organization" was added to 6.04.020;
. The exemption from licensing for non-profit organizations and food were eliminated from
6.04.040;
. The exemption for display booths was limited to booths in operation for less than four days a
year;
. The rental exemption was modified to exclude rental units that are part of an individual's
private residence;
. Non-profits were exempted from paying license fees in 6.04.090;
. Section 6.04.120.A.I was modified to exclude violations of the sign code;
. Section 6.04. I 20.A.4 were combined and it was modified to only consider convictions; and
Page 1 of2
r.t. ,
. A process for requesting a revocation or denial hearing was established in 6.04.120.C.
The most discussed aspect of the business license ordinance appears to be the discussions regarding the
display booths. The following are three options that the Council has for dealing with the issue and
suggested code language for that option.
I. Require all booths to get a license that operate for at least 4 days or more (same as language in
attached ordinance).
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the totallength.of all sales combined is fewer than four
days in one calendar year and provided that the sponsor of the event is licensed to do
business.
2. Require all organizers to get a license and pay a fee based on the number of employees of the
organization and the number of booths. This can be accomplished with the same language in
the current business code.
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the sponsor of the event is licensed to do business.
Necessarv Modification: ModifY the fee resolution to allow fees to be calculated in this
fashion.
3. Exempt booths from licenses as long as the sponsor has a license (same as current business
code).
Suggested language: The operation of a display space, booth or table maintained for
displaying or selling merchandise at any trade show, convention, festival, fair, market,
bazaar, or swap meet, provided that the sponsor of the event is licensed to do business.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
I) Move to approve the First Reading and set the matter for a Second Reading.
2) Postpone consideration of the proposed ordinance.
Potential Motions:
Staff: (Conduct First Reading of the ordinance by title only.]
Council: Motion to approve First Reading and set the mailer for Second Reading.
Attachments:
Proposed ordinance
Page 201'2
r.t. ,
ORDINANCE NO.
AN ORDINANCE RELATING TO BUSINESS LICENSES
Annotated to show tleletiofls and additions to the code sections being modified. Deletions are
bold " ~ d_ -.- and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States a;1d of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, city departments identified beneficial changes to the business license chapter; and
WHEREAS, the Council discussed amending the business license ordinance on December 16,
2010, in a study session and directed staff to begin working on a revision to the ordinance that
would, among other things, implement a procedure for revoking and denying business licenses;
and
WHEREAS, on January 18,2011, the Council moved to place the business license ordinance on
the Council's agenda for first reading.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION I. Sections 6.04.0 I 0 [Purpose] through 6.04.150 [Additional Remedy] are hereby
added to read as follows:
6.04.010 Purpose.
This chapter is enacted primarily for the purpose of regulating businesses and collecting
revenues. The public's interest is served by ensuring that businesses will be regulated in a
manner that promotes compliance with applicable federal, state, and municipal laws, and
encourages businesses to engage in activities in a manner which does not detract from the public
health, safety, and welfare.
6.04.020 Defmitions.
A. "Administrative Services Director" means the person holding the position of administrative
services director or finance director or any agent, employee, or designee authorized to
Page 1 of?
perform the duties of this chapter by the city administrator. "Applicant" means owner,
proprietor or duly authorized agent for the business requesting a license.
E. "Business" means any profession, trade, occupation, shop, or any calling carried on for profit
or livelihood, including but not limited to the rental of commercial or residential property,
and those working as independent contractors, whether or not the contractor is paid on an
hourly or job basis.
C. "City" means the city of Ashland.
D. "City council" means the Ashland city council.
E. "Employee" means an individual who performs service for another individual or
organization. For purposes of this ordinance employee also means a licensed real estate sales
person or associate real estate broker who engages in professional real estate activities only
as an agent of a real estate broker or organization.
F. "Fiscal year" means a year starting on July 1st and ending on June 30lh of the following year.
G. "Hearings officer" means the city council, or an outside party not affiliated with the city that
is hired or selected to conduct an appeals proceeding.
H. "License" means the permission, privilege or approval granted by the city to allow an
applicant to engage in a business or activity regulated by this chapter upon issuance of an
annual or temporary license. A temporary license shall expire thirty days after issuance.
I. "Nonprofit organization" means a nonprofit, charitable, religious or educational organization
that has received a tax exempt certificate from the Internal Revenue Service, and which
devotes the net proceeds from the sale of goods or services to the purpose of the
organization.
J. "Person" means an individual, partnership, corporation or other business entity recognized by
Oregon law.
6.04.030 Licenses required - Presumption of conducting business.
A. License Required. It shall be unlawful for any person to conduct business within the city
without first obtaining the appropriate business license and maintaining compliance with this
chapter.
B. License Displayed. Upon issuance of a business license, the licensee shall display the license
in a conspicuous place upon the business premises so that it is available for inspection by the
public and by employees, prospective employees and customers of the business. If the
licensee does not have an office, business premise or other established place of business
within the City, the license shall be in possession of a representative of the business present
within the City when business is being transacted by an employee or representative within
the City.
C. Presumption of Conducting Business. A person is presumed to be conducting business in the
city and subject to this chapter if engaged in any of the following activities:
I. Advertising or otherwise professing to be doing business within the city;
2. Providing goods and/or services to customers within the city;
3. Owning, leasing or renting personal or real property within the city which is used in a
trade or business;
4. . Engaging in any transaction involving the production of income from holding property or
the gain from the sale of property; or
5. Engaging in any activity with the intent to realize a profit.
Page 2 of7
6.04.040 Licensing exemptions.
The following persons are exempt from the licensing requirements imposed by this chapter:
A. Persons whom the city is prohibited from licensing or. taxing under the Constitution or laws
of the United States, the Constitution or laws of the state of Oregon, or the City Charter.
B. A warehouse used in connection with a business, but maintained at a separate location within
the city, as long as the business which owns the warehouse maintains a valid business
license.
e. The sale of personal property acquired for household or other personal use by the seller (e.g.,
garage or yard sales); provided, that the total length of all sales combined is fewer than four
days in anyone calendar year.
D. The operation of a display space, booth or table maintained for displaying or selling
merchandise at any trade show, convention, festival, fair, market, bazaar, or swap meet,
provided that the total length of all sales combined is fewer than four days in one calendar
year and provided that the sponsor of the event is licensed to do business.
E. A person whose business consists of renting out less than two rental units within the city,
unless the units being rented are part of the lessor's primary residence.
F. Domestic Help. An individual hired or employed primarily for the performance of domestic
duties or chores including child care, the maintenance of a residence and the care, comfort
and convenience of members of the residential household.
G. Individuals who are employed by a business which is required to obtain a license pursuant to
this chapter.
H. Any unincorporated business activity carried on by individuals under the age of 18.
6.04.050 License applications.
A. The applicant for a business license shall provide the information required on the city's
business license application, and the appropriate nonrefundable business license fee, at least
30 days prior to the date the license is requested to be effective. The city shall require the
name and address of the applicant and the business to be licensed, and any other information
appropriate to determine the ownership, location, management, purpose, or other factors
related to the business, which have bearing on the health, safety, welfare, economic
development, convenience or necessity of the business to the city or its citizens. The
application shall be signed by the applicant under penalty of perjury and false swearing.
Incomplete applications shall not be processed.
B. A provisional license may be issued to applicants applying for a permanent business license.
The provisional license shall expire 30 days after issuance, or upon decision of the city
administrator to issue or deny a business license, whichever occurs first.
e. An applicant may apply for a temporary license if the business licensed under this chapter is
for a limited duration of not more than 14 days. An applicant shall not receive more than two
temporary licenses in one fiscal year.
D. Applicants filing applications for licenses less than 30 days prior to the date the license is
requested to be effective shall pay a late application fee.
6.04.060 Investigation of applicant; Confidentiality.
A. Investigation of Applicant. By signing and submitting an application for a business license,
the applicant consents to an investigation by the city to determine whether the business is in
compliance with applicable federal, state, and local laws. At the request of the Administrative
Page 3 of?
Services Director, the applicant shall submit additional documentation or information needed
to determine compliance. The City may examine, or cause to be examined, by an agent or
representative designated by it, any books, papers, payroll records, state or federal payroll
reports to ascertain the correctness of any license application or to determine the appropriate
fee.
B. Confidentiality. Except as otherwise required by law, it shall be unlawful for the City, any
officer, employee or agent to divulge, release, or make known in any manner, any financial
or employee information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this.Section shall prohibit:
I. The disclosure of the names and addresses of any persons to whom business licenses
have been issued; or
2. The disclosure of general statistics in a form which would prevent the identification of
financial or employee information regarding an individual business licensee or applicant; ,
or
3. Presentation of evidence to the court, or other tribunal having jurisdiction in the
prosecution of a claim by the Finance Department; or
4. The disclosure of information when such disclosure of conditionally exempt information
is ordered under public records law procedures; or
5. The disclosure of records related to a business's failure to report and remit the business
license tax when the report or tax is in arrears for over six months. The City Council
expressly finds and determines that the public interest in disclosure of such records
clearly outweighs the interest in confidentiality under ORS 192.501(5).
6.04.070 Issuance of a license.
All business licenses shall be issued by the finance department after an evaluation by the
Administrative Services Director that the applicant has met all requirements of this chapter.
6.04.080 Characteristics oflicense.
A. Nontransferable. A license issued pursuant to this chapter is nontransferable, unless the
transferee has applied for a license transfer that was approved by the Administrative Services
Director.
I. Sale or Transfer of Business. If a person licensed to do business within the city sells or
transfers such business to another, the business license may also be transferred to the
purchaser of the business upon written notification to the finance department of the
transfer and approval by the Administrative Services Director. In order for the
Administrative Services Director to approve the transfer of the business, the principal
purpose of the business must not change and the business must not have any delinquent
fees.
2. Change of Location. If the location ofa business changes, but the principal purpose of
the business is unchanged, the license may be transferred to the new location upon
written notification to the finance department.
B. Renewable. Unless otherwise provided, a license issued pursuant to this chapter is renewable
as provided in AMC 6.04.1 ] O. Annual licenses issued under the provisions of this chapter
remain effective from July 1st of the license year, or the date of issuance, whichever is later,
until June 30th of the following year.
Page 4 of 7
e. Revocable. A license issued pursuant to this chapter may be revoked as provided in AMC
6.04.120.
6.04.090 Fees.
All businesses, except those exempted in AMC 6.04.040, that engage in business activities
within the city limits shall be licensed. Nonprofit organizations are not exempt from the business
license requirement; however, any person that constitutes a nonprofit organization shall be
exempt from the license fee. The amount to be paid as license fees, and all other fees required
by this chapter, shall be established by resolution of the city council.
6.04.100 License requirements.
In addition to any other requirements of this chapter, a licensee shall:
A. Abide by all federal, state, and local laws, zoning regulations, and provisions of this chapter.
B. Notify the Administrative Services Director in writing within 10 days of any change in the
name, address, or telephone number of the business itself or the business owner(s), principal
purpose of the business, status of state-issued licenses, or other material information.
C. Maintain and preserve, for a period of not less than three years, such books and records as
will accurately reflect the number of employees for each license year.
D. Advertise for business using only the name for which a license is held.
6,04,110 Renewal oflicense - Late fees.
A. Application for a renewal of a license shall be made to the finance department 30 days prior
to the license expiration date on the business license renewal form provided by the city,
accompanied by the appropriate renewal fee.
B. Applicants filing renewal applications after August 1st of the license year shall pay a late
renewal fee as set by resolution.
6.04.120 Denial or revocation of license.
A. The city may deny or revoke a license upon finding that:
I. The applicant fails to meet the requirements of this chapter, or is doing business in
violation of this chapter, zoning regulations, or applicable federal, state, county, or local
law, except for the requirements of the sign code.
2. The applicant has provided false or misleading information, or has omitted disclosure of a
material fact on the application, related materials, or license.
3. The applicant has a previous history of unlawful business activity, which, if continued,
would be grounds for revocation of the license, or the applicant's previous convictions
present reasonable doubt that the activity performed by the applicant cannot be performed
without harm or danger to persons or property. The Administrative Services Director may
consider as a basis for denial or revocation:
a.' Felony convictions, which occurred within the preceding 15 years; or
b. All other violations oflaw that occurred within the preceding three years.
A judgment entered for fraud related to the business within five (5) years preceding the
date of application would constitute prima facie evidence of a previous history of
unlawful activity.
4. The information supplied for the review does not indicate that the applicant has the
special knowledge or skill required to perform the licensed activity.a
Page 5 of7
5. The licensed activity would endanger property or the public health or safety.
6. The applicable business license fee has not been paid by the due date.
B. The city shall provide written notice to the applicant of a denial or revocation. The notice
shall state the reason for denial or revocation and shall inform the applicant of the right to
appeal under AMC 6.04.130.
e. The notice shall be given at least 30 days before the revocation becomes effective. If the
violation ends within the 30 days, the city may discontinue the revocation proceedings.
D. Upon receipt of the revocation or denial notice, the aggrieved party may contact the City
within 10 days to request a hearing in front of the Administrative Services Director. The
Administrative Services Director will then set the date and time for the hearing as soon as
possible and notify the aggrieved party of the date. The aggrieved party can submit written
materials or present oral testimony at the hearing. The Administrative Services Director shall
provide notice ofhislher decision within five days after the conclusion of the hearing.
E. A person whose application for any business license has been denied or whose license has
been revoked may, after 90 days from the date of denial or revocation, apply for a license
upon payment of the application fee and submission of an application form and required
attachments.
F. A person whose application for any business license has been denied or whose license has
been revoked for a total of two times within one year or who has a total of four denials or
revocations shall be disqualified /Tom applying for a license for a period of two years from
the date of the last revocation or denial.
6.04.130 Appeal.
Any person aggrieved by the Administrative Services Director's determination of the applicable
fees or penalties, or the Administrative Services Director's decision to deny or revoke their
business license may appeal such action to a hearings officer pursuant to AMC 2.30.020.
6.04.140 Penalties.
A. A violation AMC 6.04.030.A [License Required] shall be considered a Class I violation
subject to the limitations of AMC 1.08.
B. A violation of any of the other provisions of this chapter shall constitute a Class III.
6.04.]50 Additional remedy.
The conviction of any person for a violation of any provision of this chapter shall not operate to
relieve such person from paying any fee or penalty thereupon for which such person shall be
liable, nor shall the payment of any such fee be a bar to, or prevent any, prosecution in the
Ashland Municipal Court of any complaint for the violation of any provision of this chapter.
SECTION 2. Repeal. Ashland Municipal Code Chapter 6.04 [Business Licenses] is hereby
repealed in its entirety. Any municipal code provisions in conflict with the provisions contained
herein are also hereby repealed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses. .
Page 6 of?
SECTION 4. Savin2s. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions were commenced, shall remain
valid and in full force and effect for purposes of all cases filed or commenced during the times
said ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2011,
and duly PASSED and ADOPTED this _ day of ,201].
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day.of
,2011.
John Stromberg, Mayor
Reviewed as to forrn:
Megan Thornton, Interim City Attorney
Page 7 of7
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Resolution Relating to the Distribution of Transient Occupancy Tax Revenue
and Repealing Resolution 2010-06
February 1,2011 Primary Staff Contact:
Administrative Servo es E-Mail:
None Secondary Contact:
Martha Bennet Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
None
30 Minutes
Question:
Will the Council adopt the resolution allocating Transient Occupancy Tax (TOT) revenue for tourism
and non-tourism'purposes for FY 2011-2012 and establishing criteria for the grant program?
Staff Recommendation:
Staff recommends Council approve the attached resolution with a TOT revenue estimate of $1 ,884,600
for FY 2011-2012. Staff recommends Council allocate the residual $82,546 from FY 2009-2010 TOT
proceeds for projects that are qualified tourism expenditures in FY 2012 or as savings for such a
project in the future.
Background:
Last year Council reviewed the policy and goals of allocating revenues from the transient occupancy
taxes during several meeting. On February 16,2010, Council adopted Resolution 2010-06 that
allocated funds to General Fund services and for granting different than the prior year.
A comparison of the allocation and amounts granted between FY 2010 and FY 2011 is:
TRANSIENT OCCUPANCY Percent Percentage Percent Percentage
TAX of Total of Category of Total of Category
TOT Revenue: $ 1,720.000 ' 100.0% $ 1.800,000 100.0%
TOT Expe~se:
Non Tourism:
General Fund $ 1,000,000 : 75.7% $ 1,058,760 80.2%
.
Strailgic Planning u150,OO~' 11.4% 150,000 11.4%
Small Granls 112,079 . 8.5% 112,080 8.5%
Total Non Tourism $ 1,262,079 , 73.4% 95.6% $ 1,320,840 73.4% 100.0%
--~.._---~- -- -.
Tourism: I
Chamber of Commerce VCS $ 275,000 57.4% $ 280,000 58.4%
- -."..- --
Oregon Shalespeare Festival 110,000 23.0% 110,000 23.0%
Small Gran!; 45,000 9.4% 55,000 11.5%
Public Art 13,738 2.9% 14,375 3.0%
City Projeci; 14,183 3.0% 19,785 4.1%
Total Tourism $ 457,921 26.6% 95.6% $ 479,160 26.6% 100.0%
.--
Total Expenses: $ 1,720,000 . $ 1,800,000
Page I of3
~~,
CITY OF
ASHLAND
In this fiscal year the TOT proceeds received are approximately 4.7% ahead oflast year's revenue at
the same time. Staff proposes we budget for $1,884,600 in TOT proceeds in FY 2011-2012. When
such revenue growth is applied to the allocation methods in the existing resolution there are significant
changes in some categories and less or none in others which may not be acceptable to Council. Staff
felt it is better to make a proposed allocation that would work as a starting point. Staff knows Council
may wish to change this allocation.
TRANSIENT OCCUPANCY Percent I Percentage Percent Percentage Percent
TAX for 2012 of Total: of Category of Total of Category Change
TOT Revenue: $ 1,884,600 100.0% $ 1,884,600 100.0% 4.7%
TOT Expense:
Non Tourism: .
_l__
General Fund $ 1,058,760 I 76.6% $ 1,108,522 80.2% 4.7%
StraEgic Planning 150,000 . 10.8% 150,000 10.8% 0.0%
.
Small Gran!; 174,Q97 , 12.6% 124,335 9.0% 10.9%
Total Non Tourism $ 1,382,857 73~4'i~:'1060% $ 1,382,857 73.4% 100.0% 4.7%
,
Tourism: -- t---55~%-
Chamber of Commerce VCB $ 280,000 $ 293,160 58.4% 4.7%
Oregon Shalespeare F eslval 110,000 I 21.9%, 110,000 21.9% 0.0%
Small Gran!; 77,583 i 15.5% 64,423 12.8% 17.1%
Public Art 14,375 .. 2.9% 14,375 2.9% 0.0%
City Projeci; 19,785 i 3.9% 19,785 3.9% 0.0%
Total Tourism $ 501,743 26.6'(oj_!Q00%, . $ 501,743 26.6% 100.0% 4.7%
Total Expenses: $ 1,884,600 I $ 1,884,600 4.7%
If the allocation remains the same as in Resolution 2010-06 potential impacts are reflected OPTION #1
in the chart above. The key here is that some groups (General Fund, Chamber, OSF and others)
remain unchanged and the TOTAL amount allocated to small grants for all purposes increases from
$167,080 to $251,680. That is $84,600 more or a 51% increase and may not be what was intended.
OPTION #2 shows a "growth" percentage of 4.7% allocated to the General Fund for operations and to
the Chamber of Commerce for Visitor and Convention Bureau (tourism) expenditures. The rest is
proposed for the small grantees for the approved categories. Non-tourism small grants still rise 10.9%
and Tourism small grants increase 17.1 %. Strategic planning, OSF, Public art and City projects remain
,
unchanged.
The attached draft resolution also reflects the updated revenue projection and allocates the additional
$84,600 as outlined in OPTON #2. Staff recommends OPTION #2 because OPTION #1 would
substantially increases the small grants in one year and would leave the allocations to the General Fund
and to the Chamber flat for 2012. OPTION #2 would increase the small grants by $20,000 over the
current fiscal year, but would distribute a portion of the increase to the General Fund and to the VCR
Staff believes this is both more prudent financially and is also more sustainable in the long run.
Council also needs to allocate the $82,546 residual amount from prior years that is dedicated to
Tourism. Some options are:
Page 2 of3
~~,
CITY OF
ASHLAND
I. Grant it for tourism-qualified, one-time projects.
2. Spend it on a tourism-qualified, capital project such as painting street lights or Plaza
beautification work.
3. Reserve it for a future, tourism-qualified capital project such as sidewalk improvements similar
to what may come from the Transportation System Plan.
Please note that SECTION 4, Item d. still references a minimum grant amount of$2500. Ifsmaller
amounts are to be allowed this limitation should be changed before approving the resolution.
Staff will include the final resolution and allocated amounts in the grant applications that will be
distributed by February 16th.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Potential Motions:
Council moves to approve the resolution as presented (as amended?) per discussion.
Attachments:
Draft Resolution
Resolution 2010-06
Page 3 of3
~~,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 20]0-06.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. That the City Council recognizes that the source of monies for the Economic and
Cultural Development Grant program is the Hotel/Motel Tax also known as the Transient
occupancy Tax (TOT).
SECTION 2.
The following are the goals which the Budget Committee is attempting to meet by granting
money to applicants for:
a) Tourism Promotion:
I. Attract someone who travels to Ashland from more than 50 miles away to attend an
event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
I. Promote increased number, variety and size of employers.
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to ] 00 people or is locally owned.
4. Encourage use oflocal resources.
5. Work with Southern Oregon University, especially for international commerce.
6. Encourage businesses that efficiently use resources and minimize their impact on the
environment such as water and air pollution or creation of toxic waste.
7. Promote businesses and institutions that encourage sustainability.
c) Cultural Development:
]. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
.3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
d) Sustainability
With a minimum of $] 2,500 granted, carry out the following types gf projects: actual work;
training; conferences; grant writing; research; fund-raisers; invention/development in these
categories, including, but not limited to, the examples listed:
1. Energy
2. Water
Page I of 4
3. Forest
4. Science
5. Appropriate technology
6. Gardening & Agriculture
7. Economics
8. Ecology Applications
9. Community building
SECTION 3.
The City of Ashland has deterrnined that as of July], 2003, $] 86,657 or ] 4.23% of total
Hotel/Motel tax revenues were expended on tourism promotion, as defined in Chapter 818 of the
2003 Oregon Laws, and will continue to be spent on tourism promotion increased or decreased
annually consistent with the estimated TOT revenues budgeted. Additionally, Chapter 8] 8
requires 70% of any increased TOT revenue generated by a higher tax rate is committed to
tourism promotion.
Appropriations for tourism are based upon the following percentages established in FY 2009-] 0
when the rate was increased from 7%-9%:
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first 7% tax
rate for tourism promotion per Chapter 8] 8,
2. A minimum of70% of the estimated TOT revenue to be generated by additional tax rates
approved by Council on June 3, 2008 for tourism promotion per Chapter 818.
or Grants for FY 20] 2
$293,]60
$110,000
$64,423
$14,375
$19,785
ment Grants - Tourism
If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations or if
actual, qualifying expenditures in the year are less than the appropriated amount, the additional or
unused amount(s) will be reserved for future Tourism related projects or Capital Improvements
that qualify per the state definition as deterrnined by Council.
The remaining estimated TOT revenue (not restricted by use) will be appropriated for other uses
through the budget process with the following priorities and dollar amounts as minimums unless
insufficient tax roceeds remain after meetin tourism re uirements:
] st Priority General Fund operations - the greater of 70% of Unrestricted $1, I 08,522
funds or
2nd Priority City Economic Development program the greater of 10% of $150,000
Unrestricted funds or
3rd Priorit Cit Grant ro am for FY 2012 $124,335
Page 2 of 4
Economic Development programs or other projects are City activities unless otherwise specified
by Council prior to the budget process. Council may deterrnine that such funds are available for
Economic granting purposes and they will then be made available for the coming budget process
and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority uses will
receive their full allocation before a lower priority allocation. Unrestricted TOT revenue unspent
in a budget year becomes part of the General Fund unrestricted ending fund balance unless
otherwise deterrnined by City Council.
By January 3 I of each year each recipient of a grant shall submit a report to the city council
setting forth how the grant funds received were expended in furtherance of the goals set forth in
Section 2.
SECTION 4. The following requirements are established for the Economic and Cultural
Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in terrns of cultural enrichment and/or activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services perforrned or provided within the City of Ashland or immediate areas.
g) All Grantees shall provide an annual report to be eligible for future funding.
SECTION 5. Resolution 2010-06 is repealed upon passage of this resolution.
SECTION 6. This resolution was duly PASSED and ADOPTED this
,2011, and takes effect upon signing by the Mayor.
, day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to forrn:
Megan Thornton, Acting City Attorney
Page 3 of 4
Attachment:
Estimated dollar allocation for FY 2010-2011 only
Revenue:
Transient Occupancy Tax $ 1,800,000
Expense:
Non Tourism:
General Fund $ 1,058,760
Economic Development 150,000
Small Grants (minimum $12,500 for Sustain ability) 112,080
Total Non Tourism $ 1,320,840
Tourism:
Chamber of Commerce VCB $ 280,000
OSF 110,000
Small Grantees 55,000
Public Art 14,375
Qualifying City Projects or FY 2012 Grants 19,785
Total Tourism $ 479,160
Total Economic and Cultural Development Funding $ 1,800,000
Page 4 of 4
RESOLUTION NO. C) DID. D~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY RELATING TO THE EXPENDITURE OF MONIES FOR
ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL (Transient
Occupancy) TAX AND REPEALING RESOLUTION 2008-35.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the HotellMotel Tax also known
as the Transient occupancy Tax (TOT).
SECTION 2. .
The following are the goals which the Budget Committee is attempting to meet by
granting money to applicants for:
a) Tourism Promotion:
1. Attract someone who travels to Ashland from more than 50 miles away to attend
an 'event.
2. Attract someone who stays the night in Ashland to attend an event.
b) Economic Development:
1. Promote increased number, variety and size of employers. .
2. Encourage wages at or above median wage.
3. Promote businesses that employ 5 to 100 people or is locally owned.
4. Encourage use of local resources.
5, Work with Southern Oregon University, especially for international commerce.
6. Encourage businesses that efficiently use resources and minimize their impact
on the environment such as water and air pollution or creation of toxic waste.
7. Promote businesses and institutions that encourage sustainability.
c) Cultural Development:
1. Increase the number, variety and size of cultural opportunities in Ashland
2. Support diversification of the local economy
3. Showcases local talent
4. Work with Southern Oregon University on cultural programs
d) Sustainability
With a minimum of $12,500 granted, carry out the following types of projects: actual
work; training; conferences; grant writing; research; fund-raisers; invention/development
in these categories, including, but not limited to, the examples listed:
1. Energy
2. Water
3. Forest
4. Science
Page 1 of 4
5. Appropriate technology
6. Gardening & Agriculture
7. Economics
8. Ecology Applications
9. Community building
SECTION 3.
The City of Ashland has determined that as of July 1,2003, $186,657 or 14.23% of
total Hotel/Motel tax revenues were expended on tourism promotion, as defined in
Chapter 818 of the 2003 Oregon Laws, and will continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT
revenues budgeted. Additionally, Chapter 818 requires 70% of any increased TOT
revenue generated by a higher tax rate is committed to tourism promotion.
Appropriations for tourism are based upon the following percentages established in FY
2009-10 when the rate was increased from 7%-9%:
1. A minimum of 14.23% of the estimated TOT revenue to be generated by the first
7% tax rate for tourism promotion per Chapter 818,
2. A minimum of 70% of the estimated TOT revenue to be generated by additional
tax rates approved by Council on June 3, 2008 for tourism promotion per
Chapter 818.
The annual allocation of total appropriations for tourism estimated for the ensuing
bud et ear is as follows unless s ecificall amended b Council:
Chamber of Commerce VCB
Ore on Shakes eare Festival
Economic and Cultural Develo ment Grants - Tourism
Public Art
other Ci Ca ital Pro'ects that uali or Grants for FY 2012
$280 000
$110,000
$55,000
$14,375
$19,785
If the actual TOT revenue, dedicated for Tourism, is in excess of the above allocations
or if actual, qualifying expenditures in the year are less than the appropriated amount,
the additional or unused amount(s) will be reserved for future Tourism related projects
or Capital Improvements that qualify per the state definition as determined by Council.
The remaining estimated TOT revenue (not restricted by use) will be appropriated for
other uses through the budget process witH the following priorities and dollar amounts'
as minimums unless insufficient tax proceeds remain after meeting tourism
re uirements:
1st Priority General Fund operations - the greater of 70% of $1,058,760
Unrestricted funds or
2nd Priority City Economic Development program the greater of 10% $150,000
of Unrestricted funds or
3rd Priori Ci Grant ro ram for FY 2011 $112,080
Page 2 of 4
Economic Development programs or other projects are City activities unless otherwise
specified by Council prior to the budget process. Council may determine that such
funds are available for Economic granting purposes and they will then be made
available for the coming budget process and allocation.
If insufficient TOT revenues are generated for the above allocations, the highest priority
uses will receive their full allocation before a lower priority allocation. Unrestricted TOT
revenue unspent in a budget year becomes part of the General Fund unrestricted
ending fund balance unless otherwise determined by City Council.
By January 31 of each year each recipient of a grant shall submit a report to the city
council setting forth how the grant funds received were expended in furtherance of the
goals set forth in Section 2.
SECTION 4. The following requirements are established for the Economic and Cultural
Development Grants:
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-govemmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $2,500.
e) The grant will benefit Ashland in terms of cultural enrichment and/or activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley. Monies granted are intended to be used for programs or
services performed or provided within the City of Ashland or immediate areas.
g) All Grantees shall provide an annual report to be eligible for future funding.
SECTION 5. Resolution 2008-35 is repealed upon passage of this resolution.
SECTION
of
This resolution was duly PASSED and ADOPTED this / ~
,2010, and takes effect upon signing by the Mayor.
. day
SIGNED and APPROVED this 17 day of -1-~r~ ' 2010.
Page 3 of 4
Attachment: Estimated dollar allocation for FY 2010-2011 only.
Revenue:
Transilllil Occupancy Tax $ 1,800,000
Expense:
Non Tourism:
General Fund $ 1,058,760
Economic Oevelopmenl 150,000
Small Grants (minimum $12,500 for Sustainability) 112,080
Total Non Tourism $ 1,320,840
Tourism:
Chamber of Commerce VCB $ 280,000
OSF 110,000
Small Grantees 55,000
PublicArt . 14,375
Qualifying City Projects or FY 2012 Grants 19,785
Total Tourism $ 479,160
Total Economic and Cultural Development Funding $ 1,800,000
Page 4 of 4