HomeMy WebLinkAbout2011-0405 Council Mtg PACKET
CITY OF
ASHLAND
Important: Any citizen may oratly address the Council on non-agenda items during the Public Forum. Any citizen may submit wrinen
comments 10 the Council on any item on the Agenda, unless il is the subject ofa public hearing and the record is closed. Time permining, the
Presiding Officer may allow anil testimony. !fyou wish 10 speak, please fill oullhe Speaker Request fonn located near the entrance to the Council
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some eXlent on the nature of the item under discussion, the number of people who wish to speak, and the length oflhe agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
April 5, 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 Council meeting [AMC 2.04.030.E.]
6:00 p.m. Executive Session for employment of a public official pursuant to ORS 192.660(2)(a) and
discussion of potential litigation pursuant to ORS 192.660(2)(h).
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes]
1. Study Session of March 14, 2011
2. Executive Session of March 15, 2011
3. Regular Meeting of March 15, 2011
VI. SPECIAL PRESENTATIONS & AWARDS
1. Proclamation of April 17 - 23, 2011 as Independent Media Week
2. Proclamation of the Month of April as Parkinson's Awareness Month
3. Proclamation of April 3 - 9. 2011 as Arbor Week
4. Tree City USA Presentation [5 Minutes]
VII. CONSENT AGENDA [5 minutes]
1. Does Council wish to confirm the Mayor's appointment of Sandra Friend to the Public
Arts Commission with a term to expire April 30, 2012?
2. Does Council have questions regarding the City's Risk Management Report?
3. Does Council have questions regarding the City's purchasing practices or participation in
the national coalition promoting changes in factory working conditions?
4. Should Council authorize the City Administrator or her delegate 10 sign the Residential
Exchange Program Settlement agreement with Bonneville Power Authority?
5. Does Council wish 10 approve an order amending the 1994 Ashland Gun Club Lease to
extend the least by three months and move discussion of the new lease to June 2011?
6. Will Council approve an Intergovernmental Agreement to join the regional Emergency
Notification System managed by Jackson County, Oregon?
COUNCIl \IFF.IINCiS I\l{[ HR();\DC;\ST LIVE ON ClnNNEL 9
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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 !'j2.04.050))
1. Will Council award $193,142 in Community Development Block Grant funds to ACCESS,
Inc. and St. Vincent De Paul and direct staff to develop the Annual Action Plan? [30
Minutes]
2. Does Council wish to grant an appeal by Lisa Grant to revise a Staff decision to
terminate City Utility Services due to lack of payment? [15 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people
wishing to speak to complete their testimony.) [15 minutes maximum]
Please note: Comments or questions from the public thaI are of a defamatory nature, such as statements
directed at individual Councilors' character, intentions, etc., are out of order because they interiere 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 wish to adopt the findings to complete the land use ordinance portion of
the annexation process for the properties at 590 Clover Lane? [10 Minutes]
Please note: The public hearing on this item is closed, no further public testimony will
be allowed.
2. Does Council wish to affirm, reverse, modify or remand back to the Planning
Commission the decision to approve Planning Action 2010-01239 - a Comprehensive
Plan and Zoning Map Amendment, Site Review, Tree Removal Permit, and Physical and
Environmental Constraints Review Permit to construct a 10,632 square foot building at
85 Winburn Way? and
Does Council wish to approve the Development Agreement proposed by the applicants,
make changes to the agreement prior to approval, or reject the agreement [60 Minutes]
Please note: The public hearing on this item is closed, no further public testimony will
be allowed.
3. Does Council want to proceed with implementing short-term strategies to address
chronic homelessness in Ashland? Does Council want the proposed Homelessness ad
hoc Committee to address short-term strategy options? Which short-term strategies does
the Council want to implement? [30 Minutes]
4. Does Council approve Councilor Slattery's revised Council Goal a proposed purpose
statement for an ad hoc Homelessness Steering Committee? Will Council adopt a
resolution creating an ad hoc Homelessness Steering Committee? Does Council
approve of the Mayor's appointment of the Citizens listed to the ad hoc Homelessness
Steering Committee? [30 Minutes]
XI. NEW AND MISCEllANEOUS BUSINESS
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve First Reading of an ordinance titled, "An Ordinance Relating to
Setting Business License Fees by Resolution" and move the ordinance on to Second
Reading? [15 Minutes]
XIII. OTHER BUSINESS FROM COUNCil MEMBERSIREPORTS FROM COUNCil LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900).
Notification 72 hours prior to the meeting will enable Ihe City to make reasonable arrangements to ensure
accessibility to the meeling (28 CFR 35.102-35.104 ADA Title I).
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CITY COUNCIL STUDY SESSION
March 14, 2011
Page I of3
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
Monday, March 14, 2011
Siskiyou Room, 51 Winhurn Way
Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou R'oom.
Councilor Chapman, Silbiger, Lemhouse, Morris, and Voisin were present. Councilor Slattery was
absent.
The Look Ahead agenda item was moved to number 2. on the agenda.
1. Does Council bave questions or feedback on the proposed effluent water temperature solution
alternatives?
Engineering Technician II Scott Fleury introduced James Bledsoe, Project Manager for Keller Associates,
Dick Pedersen Director of the Oregon Department of Environmental Quality (DEQ), Jon Gasik, Permit
Writer and Ranei Nomura also from DEQ and from The Freshwater Trust, Alan Horton, Managing
Director and David Primozich, Director of Ecosystem Services, and David Laurence, Board of Directors
member.
Mr. Fleury provided background on Keller Associates winning the bid for the Water Master Plan and
status of completed items since June 20]0. The primary focus was effluent temperature and that the City
will not meet new permit requirements. DEQ was expecting a solution from the City September 201] in
order to draft a new permit by the end of the year.
Mr. Bledsoe gave a presentation on options to modify effluent temperatures that included:
Wastewater Treatment Requirements - Regulatory Requirements
. 1992 Bear Creek Total Maximwn Daily loads (TMDLs) phosphorus, ammonia, cWorine
,
. 2007 Bear Creek TMDLs - temperature, bacteria, and sediment
. Oregon Administrative Rule 340045-0053 - address thermal plume or "near field" concerns
. Ashland NPDES Permit
Spawning Season Tbermal Limits graph
. Worst condition late October where the limit is 5 and the City is close to 45
. Based on I million kilocalories added to Ashland Creek or Bear Creek daily calculated by flow
rate and what the temperature of the flow is based on specific criteria
Reuse Options - Full Reuse on Imperatrice Property
. Irrigates 433 + acres
. Large storage volume requires to address should season
. Benefits - Imperatrice property water rights can be transferred, lowers O&M cost, reuse can be
phased into cOlrummity over time with.additional piping
. Drawbacks - Water is removed from Ashland/Bear creeks, highest cost option
. NPV-$IO.IM
Mr. Bledsoe and Mr. Gasik clarified during a shoulder period the ground cannot absorb the effluent and
that potentially creates groundwater contamination because of nitrates. The cost increase for this estimate
'versus the one prior was the inclusion of storage and shoulder periods.
CITY COUNCIL STUDY SESSION
March 14. 2011
Page 2 of3
Currently, the City cif Silverton was running effluent through a series of terraced ponds to decrease
temperatures but it was not as successful due to fewer surfaces and the sun.
Partial Reuse to Offset Existing Imperatrice Property Water Right
. Benefits - lower capital cost, water rights can be transferred, some discharge can remain in creeks
during critical periods
. Dr~wbacks- Higher O&M, additional cooling required options required
. NPV = $5.8M - $9.4M
Partial Reuse water was acceptable for agriculture. Without membranes, it would provide Class B
effluent and with membranes produced Class A effluent.
Effluent Discharge Options
. Discharge to Talent Irrigation District
o Too many real and perceived obstacles - chemicals, public acceptance, shoulder seasons
o Additional cooling improvements still required
. Blending 1 Flow Augmentation
o Temperature data gathered shows that this is not a viable option
o Concerns about water quality of water source
. Hyporheic (Shallow Groundwater)
o Previously recommended by Carollo
o Additional investigation of soil data suggests that this will be land intensive, availability of
suitable soils is questionable
o Significant additional effort required to determine if feasible
This was not a solution for the Imperatrice property because the soil would not allow the water to drain
quickly enough. It would also require the City to own and maintain the entire downstream water path and
there could be no wells. Additionally Till water was too warm in August based on samples taken from
the Gresham outfall.
. Cooling Town 1 Chiller
o Cooling tower alone not sufficient - Chiller required
o Pre and post cooling storage required
o Benefits - Compliance can be achieved quickly and with certainty, eliminates "near field"
temperature concerns
o Drawbacks - Expensive, high O&M costs, not very "green"
o NPV = $8.6M - $11.6M
A concern was when the flow in a specific section of Ashland Creek was predominantly treated with
effluent it could strand fish on the banks when water levels lowered.
. Trading (Shading) - Recommended
o Not considered by Carollo in recent evaluation of options - new DEQ protocols make it more
feasible
o Involves planting native trees along 8+ miles of Bear Creek
o Relocate outfall to Bear Creek, small constructed wetlands (modifications to Glendower
Pond)
o Benefits - natural approach to achieve compliance, provides other ecological benefits
o Drawbacks - more uncertainty than cooling, potential minor additional local cooling in future
o NPV = $2.7M
The City could provide maintenance of the riparian structure or hire The Freshwater Trust. Mr. Horton
and Mr. Primozich explained how The Freshwater Trust would purchase the property, secure easements
CITY COUNCIL STUDY SESSION
March 14. 20 II
Page 3 of3
to plant the trees then care for them for 25 years for an annual fee. The trees would reduce the solar load
onto the river and the Trust would use a 2-1 ratio to provide 100-million-kilocalorie instead of the
required 50-million-kilocalorie impact.
Mr. Pedersen explained predictive modeling at DEQ in terms of temperature impacts on a watershed scale
based on what vegetation could exist in a riparian area and the amount of shade produced translated to
thermal load into a stream. Ms. Nomura further eXplained The Freshwater Trust would conduct site visits
to the property to determine shade potential and regular scheduled revisits to monitor success.
Mr. Pedersen noted climate change models were not sophisticated enough at this point. Building a
riparian structure in the watershed would allow the City to manage and hold water during times of
drought. The Tualatin River has been successful putting in a riparian structure instead of a Chiller.
Trading was innovative and new at this point with very few mWlicipaiities involved. DEQ was in the
process of drafting the permit and determining a compliance schedule for the City. Compliance used a
"soon as possible" basis that could extend over several years.
The Freshwater Trust would manage implementation that included the cost details on planting 1600 stems
per acre, developing 20-25 year stewardship agreements with each landowner, and working with local
non-profit groups on planting and maintenance. The Freshwater Trust would assume the initial risk of
securing the landowner, acquiring the trees, and hiring groups to plant the trees to meet DEQ standards.
A third party would certify the project met the standards and the City would then start paying for the
program annually over 20-25 years.
Council was interested in exploring the Trading option further but had some concerns regarding
regulatory certainty. Mr. Gasik clarified the calculations were based on worse case scenarios of the
lowest flow conditions over a ten year period and reiterated the project doubled the required 50-million-
kilocalorie.
2. Look Ahead Review
City Administrator Martha Bennett reviewed items on the Look Ahead.
Meeting adjourned at 7: 15 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
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March 15, 2011
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MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
March 15,2011
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 Chambers.
ROLL CALL
Councilor Voisin,i\lIonis, Lemhouse, Si]biger, and Chapman were present. Councilor Slattery was absent.
MAYOR'S ANNOUNCEMENTS
Mayor Stromberg noted a request from the Ashland Gun Club to move the agenda item to a later meeting.
Councilor Chapman/Lemhouse m1s to extend three month contract and continne item until the May 3,
2011 meeting, Roll Call Vote: Councilor Morris, Lemhouse, Chapman, YES; Councilor Voisin and
Silbiger, NO, Motion passed 3-2,
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of February 28, 20] I, Regu]ar Meeting of March I, 20]] and Executive
Session of March 4 and 5, 20] ] were approved as presented.
SPECIAL PRESENTATIONS & AWARDS
I. Does Council have any questions regarding the annual RVCOG presentation by Michael Cavallaro?
Michael Cavallaro provided a financial overview of the Rogue Valley Council of Govemments (RVCOG), steps
taken to remain cost effective and specific projects RVCOG was doing for the Ashland.
CONSENT AGENDA
I. Does Council wish to approve the minutes ofthe Boards, Commissions, and Committees?
2, Does Council wish to approve a Liquor License Application from Jesus Nunez dba EI Paradiso
Mexican Cuisine at 545 Clover Lane?
3. Does Council wish to approve a Liquor License Application from Ken Khosroabadi dba Siskiyou
Shell at 1515 Siskiyou Blvd.?
4, Does Council wish to approve a Liquor License Application from Carolyn Kennedy dba Mongo Grill
at 1662 Siskiyou Blvd.?
5. Does Council wish to authorize the Mayor to sign a letter of support for a regional Fire Prevention &
Safety grant to install fire sprinklers in foster homes in Jackson, Josephine, and Douglas Counties?
6. Does Council wish to accept a grant in the amount of $34,079 from the Department of Homeland
Security/ Oregon Emergency Management for the purchase of radio equipment?
7. Does Council wish to approve the application and matching funds for a Fire Prevention & Safety
Grant for the Fire Inspection Program for $85,700 of which $8.750 is required as matching funds
from the City?
8. Does Council have questions or input regarding the direction and progress of the Water Conservation
and Reuse Study and Comprehensive Water Master Plan?
9. Should Council authorize staff to sign an Intergovernmental Agreement between the Oregon
Department of Energy for continued participation in the Energy Star program?
Councilor Lemhouse requested that Consent Agenda item #7 be pulled for discussion.
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March 15, 2011
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Councilor Silbiger/Cbapmau mls to approve Consent Agenda items #1 through #9 with the exceptiou of
Couseut Agenda item #7, Voice Vote: all AYES, Motion passed.
Division Chief - Fire Marshal Margueritte Hickman explained the training provided to the Fire Inspectors
allowed them to inspect two occupancy classifications in the area. The grant would fund a higher inspection
level that included all businesses and classifications. The intent was combining the funding for the half time
inspector with the income from fire inspection fees to pay for a full time inspector. The grant would cover a half
time inspector and .3 full time equivalent clerical position, electronic tablets for inspections and other
components for the program. Ideally, the Fire and Rescue Department wanted to bring someone on halftime for
inspections to augment what the Fire Fighters were currently doing. Fire Chief John Karns added the long-term
financial implication was the position would generate half of its compensation costs from the fees generated by
inspections and the remainder would come from the department's budget.
Couucilor LemhouselMorris mls to approve Cousent Agenda item #7. DISCUSSION: Councilor
Lemhouse wanted information on how the position would be funded going forward after the grant.
Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Silbiger aud Chapman, YES. Motion passed.
PUBLIC HEARINGS
1. Will Council approve and authorize the Mayor to sign a quitclaim deed to relinquish all City interest
in an 8.5 food wide parcel ofland referred to as tax lot 391E4CA-3300?
Engineering Services Manager Jim Olson explained Jackson County quitclaimed an 8.5-foot wide parcel ofland
to Ashland in 1990. Jackson County acquired the parcel in 1987 through a foreclosure action. Staff thought the
action had three errors. One the County erred in the interpretation of Survey #9266 that showed the parcels with
two boundaries that were description calls recorded on two separate deeds. The County interpreted it as a deed
gap when it was actually an effort by the surveyor to show discrepancies in the description calls. Secondly,
Jackson County erred establishing the deed gap as a separate tax lot. The third issue occurred in the notification
process. The result was the deed was in error and the parcel should be restored to the original owner.
Puhlic Hearing Open: 7:32 p.m.
Will Hershmanl500 Helman Street/Explained he was the property owner, the error reduced his lot size and
was a perpetuated injustice. He appreciated staffs supporting the quitclaim and encouraged Council to approve
it as well.
Rick Landt/468 Helman Street/Submitted a petition into the record supporting the quitclaim. He noted in
2000, Garfield Park relinquished a 30-foot wide strip of land to the adjacent property owner to correct the
discrepancy. Helman Street property owners were paying taxes on 8.5-feet of property they lacked. Another
issue was property owners owning 8.5-feet of their neighbors land. Now that the City was aware they did not
have rights to the property, it was their ethical duty to quitclaim the property back to its rightful owner.
John Zaller/757 Oak Street/Owned two pieces of property across Ashland Creek from Tax Lot 3300. The City
already had access for the creek trail around one of the properties and he was bequeathing access to the other
part in his Will. He thought the City should broaden their review of the situation for potential public ~alue.
Shawn Kampmannl1520 Pinecrest Terrace/Conducted the survey of the property in question and explained
there was never a gap of ownership in the block. The error most likely started in the late 1800s and propagated
over the years. It was an error by the Tax Assessor's office and the owner lost 8.5 feet of property that he paid
taxes on for years.
Ian Couchmanl396 Helman StreetfThe approval of the petitions request would provide clarification of several
property lines including his.
A~'HLANU LJrr CUUNLIL Ml:..l:..1JN(j
March 15. 2011
Page 3 019
Public Hearing Closed: 7:44 p.m.
Councilor Voisiu/Silbiger mls to approve and autborize the Mayor to sign a quitclaim deed to relinquish
all City interest in Tax Lot 391E4CA-3300. DISCUSSION: Councilor Voisin thought it was the ethical
action to take and the petition with 15 signatures from surrounding neighbors adequately supported the
quitclaim. Councilor Chapman agreed with the quitclaim, added it was important to have a connection through
the park, and hoped the neighbors would come up with an alternate solution. Roll 'Call Vote: Councilor
Silbiger, Chapman, Voisin, Lemhouse and Morris, YES. Motion passed.
2. Does Council approve a request to annex a 3.72 acre parcel consisting of three lots located at 590
Clover Lane and change the Zoning Map designation from Jackson County RR-5 (Rural Residential)
to City of Ashland E-l (Employment)?
Mayor Stromberg added "...and withdrawal from Jackson County Rural Fire District 5," to the question,
opened the public hearing at 7:47 p.m. and read aloud the statement and procedure for Public Land Use
Hearings.
ABSTENTIONS. CONFLICTS. EX PARTE CONTACTS
Councilor Chapman had no ex parte communication, conflicts of interest, or bias: Councilor Silbiger had no ex'
parte contact, bias, or conflict of interest. Councilor Voisin had nothing to declare. Councilor lemhouse
disclosed no ex parte contact but noted he lived near the area and could remain unbiased. Councilor Morris
declared no bias or conflict of interest and disclosed a prior conversation with Steve Morjig regarding the
property before the planning action existed. Mayor Stromberg declared no ex parte, bias or conflict of interest.
CHALLENGES - None
STAFF REPORT
Associate Planner Derek Severson explained the annexation would allow Caldera Brewing to construct a
28,OOO-square feet (sf) brewing building and provided a presentation that included:
. Aerial View and Vicinity Map Detail
. Section 18.106.040 Boundaries (ORD 2792): When an annexation is initiated by a private individual,
the Staff Advisor may include other parcels of property in the proposed annexation to make a boundary
extension more logical and to avoid parcels of land which are not incorporated but are partially or
wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission and
Council, shall justifY the inclusion of any parcels other than the parcel for which the petition is filed.
The purpose of this section is to permit the Planning Commission and Council to make annexations
extending the City's boundaries more logical and orderly.
. Subject Property & Existing City Limits Layout and Staff Recommendation Layout
. Existing Site Conditions and Existing Fill on Subject Properties
Mr. Severson explained the existing fill was significant and posed constraints for the proposed development.
. Aerials and Photos of the Existing Structures and the Pedestrian Connection to Spring Creek
Neighborhood Aerial & Photo
. Approved Site Plan and Proposed Revisions
. Approved Landscape Plan and Proposed Revisions
. North Elevation Facing Clover Lane
. Hops as Landscaping Independence Public Library Photo
. East Elevation Facing Spring Creek neighbors
. Down slope Properties
. Looking up from Spring Creek Neighborhood Photo
. South Elevation Facing Truck Turn-Around
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March 15, 20Il
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. West Elevation Facing the Freeway
. Spring Creek Corridor
. Floor Plan
. Issues Raised by Staff at Planning Commission Hearing:
A, Stronger Sense of Entry - Color rendering provided at hearing was satisfactory
B. The Amount & Extent of Paving - Paving is to be minimized
C. Placement of Parking Circulation Between Building & Street AND Resultant Cballenges
to Pedestrian Access - Pedestrian crossings from both Clover sidewalks, in scored concrete.
D. Buffering of Property Line to Mitigate Paving & Visual Impacts of Building Mass at a
Gateway - Variance granted; stronger landscaping to North and South of driveway area
required.
. Modification of PA #2003-112 - Condition #17: "That a 'Development Agreement' be prepared by
the applicant and recorded on the properties limiting the uses to those which generate total vehicle trips
of not more than 100 vehicle trips per parcel or a combined total of approximately 200 vehicle trips, as
determined by the ITE Trip Generation Manual. The final agreement shall be reviewed and approved
by the City Attorney prior to recordation of the partition plat, issuance of a building permit or final
adoption of a resolution annexing the property."
. Traffic Impact Analysis
o The presently stop-controlled 1-5 northbound intersection with Ashland Street is shown to
operate at a v/c ratio greater than 2.0 under future year 2030 no-build and build conditions.
o 95th percentile queue lengths are shown to exceed link distances and create potential safety
concerns on Ashland Street between the 1-5 ramp intersections and the off ramps themselves
under existing year 2010, design year 201 I and future year 2030 conditions.
o Planned mitigation detailed in the analysis includes the ODOT 1-5 Exit 14 interchange redesign
project which includes traffic signals at both ramp intersections, widening of Ashland Street,
and extended right turn lanes on both 1-5 off-ramps. This redesign is underway, to be
completed in April of2012.
o With these improvements in place, the TIA concludes that study area intersections are shown to
be adequately mitigated throughout the future year planning horizon.
. Tbe Left Turn Issue...
o Planned traffic signal at Exit 14NB may cause back up past intersection making left turns
difficult.
o ODOT encourages the City to amend their TSP and. identify a planned median improvement or
some equivalent mitigation measure that restricts left turn movements at the AsWand
Street/Clover lane intersection. (ODOT III Oil I! letter)
o TSP Update is underway and will consider both the left turn restriction and how vehicles are to
return to their original direction of travel.
o Planning Commission required an LID agreement from the applicants to participate in these
future improvements.
Staff explained there was non-vehicle fire access to Spring Creek and all disturbances from the proposed
building were 100-feet from the creek's centerline. Additionally, the two residential parcels in the annexation
did not have street access. The Planning Commission did not include a green road requirement due to applicant
concerns with cost and durability. Instead, it required the pavement not to exceed minimum width requirements
for truck access.
Council suggested adding fire resistant landscaping to the annexation and possibly asking the applicants to
install a fire sprinkler system.
Councilor ChapmanlLembouse mls to extend tbe Public Hearings until 9:30 p.m. Voice Vote: all AYES.
Motion passed .
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March 15, 2011
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APPLICANTS PRESENT A TION
Mark Knox/45 West Nevada StreetlUrban Development Services/Applicant's Representative/Jim
MilIs/540 Clover Lane/CEO Caldera Brewing CompanylMr. Knox explained Caldera Brewery had an
existing 6,000sf manufacturing facility but the company was outgrowing the space. The proposed new building
was 28,000sf with a small tasting room. The expansion would allow the company to explore new product
development, create efficiencies and qualities in products, and improve the working environment for the
employees. The site plan was triangular with steep slopes on the east, west and smith sides, and Spring Creek
towards the south. The existing street dead ends onto the property and that created a situation where the
building was manipulated. The building design was utilitarian with resources to make the fa9ade presentable.
The applicant agreed with the Planning Commission to extend the sidewalks and create a unique surface element
that would recognize the transition from the public street to Caldera Brewery.
They conducted two meetings with the neighborhood and met with two neighbors separately who had not
received notice due to tlie Oak Knoll fire and developed a Letter of Understanding that was included in the
packet. Additional funds were set aside for landscaping to fill gaps neighbors might notice. He clarified that
item #6 in the Letter of Understanding stated the compressorlcooler would be relocated was incorrect and would
remain where it was originally placed. Mr. Mills further clarified the coolers did not make noise but the
compressors did and had agreed to remote the coolers under the slab to the 1-5 side of the building to reduce the
nOIse.
Mr. Knox referenced pages 17-19 in the Findings of Fact and explained the application met the annexation, the
Comprehensive Plan change, and the Map change. At one point, Clover Lane extended to Washington Street
and in the late 1990s, was bent to better utilize some of those parcels. In 2000, the decision not to connect
Clover Lane with Spring Creek severed the ability and rationality to have it zoned residential. One policy in the
Comprehensive Plan actually stated residential development along 1-5 was inappropriate. The applicant was
relying on those policies and the multiple changes that occurred over time to justifY the proposal for the zone
and Comprehensive Plan change.
The fill on the property would be removed. The applicant attempted to add trees to the landscape buffer along I-
S but the Oregon Department of Transportation's (ODOT) policy allows shrubs only on the freeway side and no
trees. The applicant was looking into shrubbery and fencing.
The applicant will provide a conservation easement as the condition requires. The improvement would provide
a fire hydrant, fire apparatus equipment and multiple emergency service needs in the general area. Trucks
would not hinder Fire Department access. The area was 80-feet and designed to accommodate large truck
movement. Mr. Knox commented the applicant was asked every step of the process to add conditions and they
had. They requested to continue meeting all the conditions imposed by the Planning Commission but were
limited on conditions beyond that. They had separated parking areas, drained all impervious water-storm water
into two bioswales built by civil workers and the proposed building would meet building code requirements.
The building will be used to brew beer, distillation of spirits and non-alc.oholic soda production.
Mr. Mills explained he currently had 20 employees at the Caldera Brewery and the Tap House.' The first year of
the expansion would create 15-18 new jobs and within 2-3 years, that number would total 30.
THOSE WISHING TO PROVIDE TESTIMONY
Bob Robertsonl1l75 East MainIW as involved in the Clover Lane project since inception, built the Holiday Inn
Express, at that time a Denny's Restaurant and still had properties on Clover Lane. He thought Caldera Brewing
was a tremendous product and was delighted they were expanding on Clover lane. He supported the project for
the employment opportunities and added it was a great use of land that otherwise might not be developed. He
liked the layout and thought there would be very little noise for the neighbors.
A:>HLANU un LVUNUL Meel INli
March 15, 2011
Page 6 0[9
Steve Morjig/61O Chestnut/Supported the project. He was impressed with the detail of the plan, the
consideration of the space, neighbors, and landscape. He appreciated how the Planning Commission resolved
the issue of having a 5-foot buffer on the 40-foot road for the bigger trucks. He talked to Knife River regarding
permeable surfaces and green streets would not work with the heavy trucks Caldera Brewing was expecting.
Overall, he thought this was a clean industry and fit the mold.
Drew Bailey/455 North Laurel Street/Spoke in support of the plan and asked the Council to approve the
annexation. He thought Caldera Brewing was a great model for economic development within Ashland. It was
a good clean business providing numerous great products and will provide 30 new jobs. Additionally it will
attract visitors to that end of town. There was a growing wine industry and now a growing brewing and non-
alcoholic beverage industry. The project was a win-win for AsWand and the businesses around that area would
benefit as well as the.community regarding new jobs.
Larry Holzgang/673 Market Street, Medford/Explained he was the Business Development Officer for the
State of Oregon's Business Development Department and supported the action. The Department's mission was
to help strengthen the economy in Oregon and create jobs for residents and this project would go towards that
endeavor.
Andrew Reinholz/ Harvey Reinholz at 795 Oak Knoll DriveILinda and Richard Hood at 785 Oak Knoll
Drive/City Recorder Barbara Christensen read into the record a statement opposing the proposed annexation
zone change and site design for Caldera Brewery based on the following violations of city building codes:
Section 18.40.040 (C), 18.68.030, 18.80,020 (9) and 18,76,060. They were currently in negotiation with
Caldera Brewery and working with the building planner Mark Knox on an agreement to improve their exposure
of the brewery. If the agreement were successful, they would remove these objections.
REBUTTAL BY APPLICANT
Mr. Knox clarified the coolers will remain as designed on the latest plans referenced in the agreement with the
Letter of Understanding, only the compressors were relocating to the 1-5 freeway side of the building.
PUBLIC HEARING CLOSED - 8:53 p.m.
3. Will Council increase Water Utility Rates 10% including the potable water irrigation surcharge
during summer months and increase Wastewater Rates 6% with a combined, average monthly
impact (excludiug irrigation) on a single-family residence of $4.29 per month?
Administrative Services Director lee Tuneberg explained that revenues from last year's 8% increase in the
Water Fund revenues were flat due to the wet season and how the increase to the Wastewater Fund resulted
from the sewer increasing 6.7%. The sewer fund improved but the Water Fund had not.
Both funds included tremendous amounts of money spent on Debt Service, Capital Improvements, and general
operations. The Water Fund rate structure required some fixed costs be paid through the variable rate water
sales. Both funds were undergoing Master Plans to look at ongoing needs and implications on future rates. If
water sales lacked in the Water Fund, revenue would not generate to pay for needed projects that help spend
down the Ending Fund Balance. Extending the Food and Beverage Tax helped pay for most of the Debt Service
in the Wastewater Fund. Additionally, refinancing the Wastewater DEQ loan improved conditions so tax
revenues may pay for the Debt Service itself and possibly generate a surplus for the unfunded list of outstanding
projects.
Water Debt Service was used for infrastructure and previously financed projects. Currently there was a
$900,000 difference of what should be there and what actually was. If no action were taken, the City would
continue to eat into reserves that did not exist. There was $700,000 in Debt Services as fixed costs that did not
cover outstanding projects that were necessary. Waiting another year for the Master Plans would reduce funds
A:)HLANU un LVUNUL MLL1JNU
March J 5, 2011
Page 70J9
to negative $800,000.
Public Hearing Open: 9:04 p.m.
Ron Corallol805 Indiana StreetJExplained residents paid more for water whether they conserved or consumed
too much. Fuel costs and living expenses were going up for everyone. He went on to describe the affect on his
lawn from not watering it the previous year to avoid a high water bill. There had to be a different solution and
suggested individual allotments instead of tiers. The increase hurt citizens and most people did not receive
annual 6%-10% salary increases.
Public Hearing Closed: 9:07 p.m.
PUBLIC HEARINGS - continued
Does Council approve a request to annex a 3.72 acre parcel consisting of three lots located at 590 Clover
Lane and change the Zoning Map designation from Jackson County RR-5 (Ru~al Residential) to City of
Ashland E-l (Employment)?
ADVICE FROM LEGAL COUNSEL AND STAFF
Mr. Severson explained the applicants would submit the Letter of Understanding as a proposed condition on
their. action.
COUNCIL DELIBERATION
Councilor LemhouselSilbiger mls to approve the request for Annexation and withdrawal from Jackson
County Rural Fire Protection District 5 of an approximately 3.72-acre parcel located at 590 Cover Lane
and the adjacent ODOT right-of-way and tax lot #7100 as recommend by staff with the attached
conditions outlined in the Letter of Understanding between the neighbors surrounding the proposed
property and the applicant. DISCUSSION: Councilor lemhouse requested that staff further clarify the issue
brought up in point 6 in the Letter of Understanding regarding the coolers and compressors. The project
provided jobs and economic growth and would allow better management of the land and safety to surrounding
neighborhoods. Councilor Silbiger also supported the action. It was Council's duty to look at the annexation
portion and in this case, the proposed use matched what Council wanted for the property. Councilor Morris
added with access closed on Clover Lane, this use was one of the few that would work on the property. Roll
Call Vote: Councilor Voisin, Chapman, Lemhouse, Silbiger and Morris, YES. Motion passed.
PUBLIC HEARINGS - continued
Will Council increase Water Utility Rates 10% including the potable water irrigation surcharge during
summer months and increase Wastewater Rates 6% with a combined, average monthly impact (excluding
irrigation) on a single-family residence of $4.29 per month?
Councilor Silbiger/Morris mls to approve Resolution #2011-08. DISCUSSION: Councilor Silbiger
acknowledged no one wanted to raise rates and staff had done everything possible to keep expenses low. If rates
were not raised in the Water Fund and there were no interfund loans, the fund would go below zero.
Restructuring rates in the future would not change the cost of the water system and staff would continue to work
on lowering rates. Both funds had put off critical projects. Councilor Chapman was concerned about rates
increasing annually, the burden it put on the citizens and would not support the rate increase. Councilor Voisin
confirmed the rate increase was due to not selling enough water during the previous summer and rates could
lower if the City sold enough water and remained in compliance with System Development Charges for ongoing
operations. Councilor Lemhouse would regrettably support the increase but wanted the City to make changes
on they managed funds and prioritized spending. Roll Call Vote: Councilor Silbiger, Morris and Lemhouse,
YES; Councilor Chapman and Voisin, NO. Motion passed 3-2.
A::;HLANU un LVUNUL MLLJJNli
March 15, 2011
Page 8 of9
Councilor Morris/Silbiger mls to approve Resolution #20ll-09 revising rates for Wastewater Service.
DISCUSSION: Councilor Morris was concerned there would be curtailed usages by people from costs. He
understood avoiding the long-term capital cost but eventually the City will be unable to generate revenues this
way. Councilor Voisin questioned raising rates when the fund was in better shape. Mr. Tuneberg explained that
in addition to restricted monies the City could not use, there was Debt Service payments and operational costs to
cover as well as unfunded projects. If the Food and Beverage Tax revenue continues to grow there. will be
surpluses for Capital Improvements but that would not cover the other issues. Ms. Bennett added the
Wastewater Fund had a negative $50,000 even with the rate increase. Waiting until the Wastewater Master Plan
was complete would cause the City to use state restricted reserves for operating costs. Councilor Silbiger
explained the Master Plans and rate studies would not change the numbers, only who paid for them. Ms.
Bennett further eXplained the Water Master Plan will restructure rates but the Wastewater Master Plan will not
change the concepts behind sewer rate structure. Mayor Stromberg added there were Capital Improvement
projects for both systems deferred for at least two years and deferring them further would increase costs. Roll
Call Vote: Councilor Silbiger, Chapman, Morris, Voisin, and Lemhouse, YES. Motion passed.
PUBLIC FORUM
Aaron Fletcher/ Mr. Fletcher shared that there are plants that do not use much water and provide benefits.
He continued by stating 10 reasons why Commimity Service was better than an Exclusionary Law.
I) Saves allocated budget funds, cleaning and maintaining restrooms, picking up litter, gardening;
2) Community members benefit directly by having a cleaner community;
3) Builds self-worth in the people performing Community Service and self-confidence;
4) Investing in Community Service builds a sense of ownership and future responsibility and results in less
littering;
5) Those doing Community Service are a visual reminder to behave lawfully for the rest of the community;
6) Is a positive example for the rest of the community, picking up litter is contagious;
7) Is a reminder to those needing to complete their Community Service and due dates for fines are easy to
forget;
8) Gives employers a preview of work ethic;
9) Keeps energy 100% local and
10) Inclusion is a more positive and peaceful term and 'would likely increase tourism than an exclusionary
law.
Shahe Catranides/321 Clay Street/#26/Explained how the brain reacts to inclusion and exclusion regarding the
inclusionary prospect and proposed exclusionary zone. Negative reinforcement and punishment stimulates the
fear center of the brain and lower thinking in the cerebellum causing a fight or flight response. Punishment then
becomes associated with common places and common behaviors. Positive reinforcement accesses the positive
parts of the brain and releases pleasure neurotransmitters. Community Service is associated with the rewards of
feeling good, the reward becomes implicit, and then people want to do things to feel good. Positive
reinforcements have been proven more effective than negative reinforcement. An inclusion zone would develop
sustainable community, be reward based, and provide a place for the homeless to eat, sleep, and use restrooms
and possibly showers. The inclusion could include fire reduction by working in correlation with local forest
restoration projects. She questioned if c1assist profiling was as bad as racial profiling and reiterated the mind
reacts better to inclusion than exclusion.
Emery Way/Submitted into the record a Community Proposal on homelessness written by community members
and students. The constituency wanted to influence the writing, approval, or disapproval of any ordinances
pertaining to the homeless written for the April 5, 2011 meeting. They were confident in the Council and
community to come up with positive and inclusive solutions to the homeless issues and create a solution that
builds the community instead of divides them. Citizens could see this issue as an obstacle or an opportunity to
build better community and must endeavor to pursue the latter.
A:)HLANU un LVUNUL Mt.t.llNU
March J 5, 2011
Page 9 of9
UNFINISHED BUSINESS
1. Does Council wish to approve an order authorizing a lease of real property to the Ashland Gun Club?
Item delayed until the May 3, 2011 Council meeting.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve Second Reading of an ordinance titled, "An Ordinance amending the City of
Ashland Physical and Environmental Constraints (Chapter 18.62), and incorporating necessary
changes based on the adoption of the Flood Insurance Study for Jackson County Oregon and
incorporated areas, and accompanying Flood Insurance Rate Maps" and approve Second Reading of
an ordinance titled, "An Ordinance amending the City of Ashland Flood Damage Prevention
Regulations (Chapter 15.10), adopting by reference the revised Flood Insurance Study for Jackson
County Oregon and incorporated areas, and accompanying Flood Insurance Rate Maps"?
Senior Planner Brandon Goldman explained staff recommended striking one of the definitions in Physical and
Environmental Constraints Permit Section Chapter 18.62.030 (H): "Any man made change to improved
or unimproved real estate within the area, a special flood hazard as defined within Chapter 15.10." It was
originally proposed to be included for consistency between Chapters 15 and 18 in terms of what constitutes
development within the flood plain. .The language could be misinterpreted to include improvements such as re-
roofing or landscaping changes. Staff proposed adding a new Section 3 to Chapter 18.62.040 (Approval and
Permit Required) (A) that would amend the paragraph and in the first sentence replace 19.62.030.E with
19.62.030.H for indexing and add the following sentence: "In addition all activities located within an area of
special flood hazard are subject to the provisions for a Development Permit under 15.10 Flood Damage
and Prevention Regulations." A change to Section 3 Chapter 18.62.040 (Approval and Permit Required)
(B) would replace 18.62.030.T with 18.62.030.Z.
Conncilor Voisin/Silbiger mls to approve Ordinance #3046 Amending Chapter 15.10.
Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Morris, YES; Councilor 'Chapman, NO. Motion
passed 4-1.
Councilor Voisin/Silbiger mls to approve Ordinance #3045 Amending Chapter 18.62 with revisions.
Roll Call Vote: Councilor Silbiger, Voisin, Lemhouse, Morris, and Chapman, YES. Motion passed.
ITEM ADDED TO AGENDA
1. Does Council wish to approve a Liquor License Application from Christie Chiang dba Taroka at 62 E
Main Street?
Councilor Morris/Silbiger mis to approve the Liquor License application. Voice Vote: all AYES.
Motion passed.
ADJOURNMENT
Meeting was adjourned at 9:58 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Tree City USA Presentation
April 5, 2011 Primary Staff Contact:
Community Development E-Mail:
Planning Departm Secondary Contact:
Martha Bennett Estimated Time:
Amy Gunter
guntera(W,ashland.or. us
Bill Molnar
5 minutes
Question:
Does Council have questions regarding the 26th annual Tree City USA presentation?
Staff Recommendation:
None, this is an informational presentation only.
Background:
The National Arbor Day foundation and its sponsor, the Oregon Department of Forestry (ODF) have
announced that the City of Ashland has been recognized as a Tree City USA for the 26th consecutive
year.
For the past 26 years the City of Ashland has meet the four criteria set forth by the National Arbor Day
Foundation. The four criteria include a tree care ordinance, establishment of a tree board or
commission, spending at least $2 per capita on a community tree care program and conducting an
Arbor Day or Arbor Week ceremony.
Related City Policies:
The Comprehensive Plan has a policy in the Parks, Open Space and Aesthetics Chapter 8. I 7which
states: "The City shall take necessary steps to annually be a Tree City, USA."
The City's ordinances related to this topic are the Street Tree Commission;Powers and Duties in
Chapter 2.25 of the Ashland Municipal Code and the Tree Preservation and Protection Ordinance in
Chapter] 8.61 of the Ashland Land Use Ordinance. Additionally, tree inventories, preservation and
planting plans area a key component of the City's development review process, specifically, during
subdivision, multi-family and commercial design review.
Council Options:
N/A
Potential Motions:
N/A
Attachments:
National Arbor Day Foundation - Press Release
Arbor Week Events - Press Release
Pa~e I of I
~~,
v CITY OF
ASHLAND
News Release
~,
FOR IMMEDIATE RELEASE, PLEASE
DATE: March 30, 20]]
CONTACT: Amy Gunter, Assistant Planner
City of Ashland
541-552-2044
The State of Oregon celebrates Arbor Week during the first full week in April, April3'd
through the 9th. National Arbor Day is Friday, April 29, 20] I.
The City of Ashland Tree Commission has a number of events planned in April to
celebrate Arbor Week and Ashland's designation as a Tree City USA for the 26th
consecutive year.
Arbor Events
~ Tuesday, April 5th 7:00 PM - 2010 Tree City USA Presentation by Oregon
Department of Forestry / 20]] Arbor Day Proclamation at the Ashland City
Council Meeting.
~ Wednesday, April 6th I] :00 AM - Ceremonial Tree planting at the Ashland
Family YMCA with the Discovery Days Pre-School Children
~ Friday, April 8th 5:00 PM - Arbor Artwalk - Ashland Art Center
~ Saturday, April 23'd II AM to 4 PM - Tree Commission booth at the Earth Day
Celebration.
For more information about the Arbor Week activities planned during the month of April
to celebrate Arbor Week please visit the City of Ashland web page, www.ashland.or.us..
Or contact Amy Gunter, Assistant Planner at guntera@ashland.or.us or 541.552.2044.
(end)
Oregon Department of Forestry issued'this news release today.
FOR IMMEDIATE RELEASE - Major Media Distribution
March 28, 2011
Contact: Paul D. Ries
503.945.7391
Cynthia Orlando
503.945.7421
Oregon's Arbor Week begins Monday, April 4
Oregon's Arbor Week - the first full week of April- begins Apri14, and 54 Oregon cities are
slated to be recognized as Tree City USA (TCUSA) communities.
Newest additions to Oregon's growing list of tree-friendly communities are the cities of
Creswell, in Lane County, and Irrigon, located in Northeast Oregon's Morrow County. Both
cities receive their first-ever awards this month, and all TCUSA communities are holding an
Arbor Day event.
Tree City USA, sponsored by the Oregon Department of Forestry, is a program of the Arbor Day
Foundation that recognizes cities with programs that plant, plan for, and care for trees.
"Trees are important to Oregon's quality of life, where we have some of the most productive
forestland in the world, and some of the most livable cities around," says Paul Ries, manager of
the Oregon Department of Forestry's Urban' and Community Forestry Program. Trees and forests
enhance quality of life by providing wood products, fish and wildlife habitat, shade, economic
benefits, clean, healthy streams, and by raising property values, adds Ries.
Many Oregon cities earn recertification
In addition to the two new TCUSA cities, many Oregon "Tree Cities" arc earning recertification
this year. They arc:
Albany * Ashland * Baker City * Bandon * Banks * Beaverton * Bend * Brownsville * Coburg
* Coos Bay * Corvallis * Cottage Grove * Dallas * Eagle Point * Echo * Eugene * Forest
Grove * Gervais * Grants Pass * Gresham * Happy Valley * Hood River * Klamath Falls * La
Grande * Lake Oswego * Lebanon * Lincoln City * Madras * McMinnville * Medford *
Metolius * Monmouth * Philomath * Portland * Redmond * Rogue River * Salem * Sandy *
, Scio * Seaside * Sherwood * Sisters * Sunriver * Sweet Home * Talent * Tigard *
Tillamook * Toledo * Troutdale * Tualatin * Veneta * West Linn * Wilsonville.
Some cities earn Growth Awards
"Growth City" awards are presented to recognize cities for certain tree-related achievements the
previous year. Growth A ward Cities are:
Western Oregon: Albany, Corvallis, Forest Grove, Lebanon, Medford, Portland, Tigard and
Wilsonville.
Eastern Oregon: Baker City, Echo, LaGrande and Sisters.
Benchmark Cities
Salem, a charter member of the TCUSA program, is celebrating its 35'h year. Other benchmark
cities include Banks and Metolius (5 years), Corvallis, Scio and Tigard (10 years) and Medford
(15 years).
Arbor week events
The many cities currently planning Arbor Week events with ceremonies or tree plantings include
Albany, Banks, Beaverton, Forest Grove, Happy Valley, Sherwood, Salem, Tigard, Tualatin and
Wilsonville. However, just because you don't see your city listed here doesn't mean an event isn't
planned, so check with local city government officials for details pertaining to your community.
Also, due to the number of cities with TCUSA designations and the recent budget cuts
experienced at the Oregon Department of Forestry (ODF), ODF staff can no longer attend all the
presentations. Some cities will have members of Oregon Community Trees' Board present
awards this year. The mission of Oregon Community Trees (OCT) is to promote healthy urban
and community forests through leadership, education, awareness and advocacy. OCT is an
important advisory .group to ODF's urban and community forestry program.
Tips for tree planting at home
For homeowners, now is an excellent opportunity to take stock of trees and plan for the future.
Consider how planting new trees might improve the look of your property and provide wildlife
habitat, scenic beauty, a visual screen, and wind or heat protection. For long-term success,
remember these tree planting tips.
Trees are often not given their best odds for long-term survival and growth because they are
planted too deeply. When planting a tree, never dig the hole deeper than necessary and plant the
tree witli the root collar at ground level or slightly (2") higher to allow for settling. Also remove
all containers, wire, plastic and string from the trunk and roots before planting.
Fertilizing at the time of planting is not necessary, but the tree should be deeply watered after
planting. Common symptoms of newly planted trees that have been too deeply planted include
yellow foliage, fall color that comes earlier than usual, and leaf drop.
To learn more about Arbor Week, visit www.arbordav.org/oregoni.
More information about trees can be found at www.trcesarcgood.coll1.
###
Cynthia Orlando
Oregon Department of Forestry
Agency Affairs & Urban Forestry programs
ph# 503.945.7421
fax# 503.945.7212
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment to Public Arts Commission
April 5, 20]] Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb@ashland.or.us
Mayor's Office Secondary Contact: Mayor Stromberg
Martha Bennet Estimated Time: Consent
Question:
Does the City Council wish to confinn the Mayor's appointment of Sandra Friend to the Public Arts
Commission with a tenn to expire April 30, 20]2?
Staff Recommendation:
None
Background:
This is confinnation by the City Council on the Mayor's appointment to the Public Arts Commission
on application received.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 2.17.020
Council Options:
Approve or disapprove Mayor appointment of Sandra Friend to the Public Arts Commission.
Potential Motions:
Motion to approve appointment of Sandra Friend to the Public Arts Commission with a tenn to expire
April 30, 2012.
Attachments:
Application received
Page I of I
~~,
.
:;rapeStreet Design Group
nterior Planning and Design
'11 MEDFORD CENTER, #202
~EDFORD. OR 97504
i41.482.7576
'IWW.grapestreeldesign.com
John Stromberg, Mayor
City of Ashland
20 East Main Street
Ashland, Oregon 97520
30 January, 201 I
Dear Mayor Stromberg,
I am writing to express an interest in joining the Public Arts
Commission. Enclosed is my Application for Appointment.
I attended the January meeting of the Commission and found
the mission and work of the Commission to be exciting and
interesting, and I would like to con1ribute my skills and
enthusiasm to that work. I know and have worked with Carol
Davis and Margaret Garrington on various projects and would
look forward to working with them as well as the other
members of the Commission.
Please call or email if you need further information regarding
my Application.
Kindest regards,
Sandra Friend
CITY OF
ASHLAND
APPLICA nON FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email chrisleb@ashland.or.us. If you have any questions,
please feel free to contact the City Recorder at 488-5307. Attacb additional sbeets if
necessary.
Name: Sandra Friend
Requesting to serve on: Public Art Commission
Address: 965 Pinecrest Terrace, Asbland, OR
Occupation: Interior Designer (Principal, GrapeStreet Design Group, Medford, OR)
Phone: Home: 541.482.7576
Work:
Email: sandy@grapestreetdesign.com
1. Education Back!!round
What schools have you attended?
Bucknell University, Lewisburg, PA
BA, Spanisb
Otis College of Design, Los Angeles, CA
Associate in Interior and Environmental Design
What additional training or education have you had that would apply to this position?
. LEED Accredited Professional (New Construction, Interior Design and
Construction): qualification to sbepberd individuals/firms tbrougb tbe
process of energy efficient and sustainable building design and construction.
. National Council for Interior Design Qualification (NCIDQ) Certificate
bolder: bigbest level of national professional qualification; requires
completion of degree program in interior design, years of diversified design
experience and passage of a stringent national examination.
. Fellow of the American Society of Interior Designers (ASID) :highest
recognition for interior design professionals in ASID.
2. Related Exuerience
What prior work experience have you had that would help you if you were appointed to
this position?
. Professional interior designer witb 30 years of experience completing
commercial projects (medical, educational, corporate, senior bousing) some
witb public art components
. Commissioning of art pieces integral to design projects
. Cbair, Arcbitectural Commission, Claremont, CA (reviewed building and
site plans for projects witbin city, wbicb included public art)
. Cbair, Board of Directors, Scbneider Museum of Art
. Assistant to the Chair of SOU Center for the Visual Arts project, selecting
pu blic art for interior spaces
. Chair, Board of Directors, Ashland Art Center
Do you feel it would be advantageous for you to have further training in this field,
such as attending conferences or seminars? Why?
. It's always useful to gather new information, new concepts
3. Interests
Why are you applying for this position?
. Since tbe City is committed to supporting public art tbrougbout the city, I
would like to work in concert with other members oftbe Commission to
provide the best possible experience for those wbo view tbis public art.
4. Availabilitv
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
. Generally, witb adequate notice, I could arrange to attend special meetings.
I prefer day meetings but know tbat is not always possible.
5. Additional Information
How long have you lived in this community?
. I moved to Ashland in 1993 from Claremont, CA.
Please use the space below to summarize any additional qualifications you have for this
position
. For the past 3 years, I served as national president of tbe National Council
for Interior Design Qualification (www.NCIDO.ol"l!). a non-profit association
based inWasbington, DC, that sets standards of competency for the practice
of interior design.
. Several years ago, Robert Saladoff and I created a Sustainahility
Collaborative the member of which include local architects, interior
designers, lighting designers, contractors, and the SOU facilities director. We
meet to talk about sustainahility issues related to all of our projects and
projects in general in the City of Ashland.
. I also serve as a legislative advocate for my profession, providing strategic
planning, drafting legislative bill components and advocating for registration
of professional interior designers who, through education, experience and
examination, are committed to provide design services that protect public
health, life safety and welfare.
~-Z011
Dat
,~f~
Signature
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
FY 2009-2010 Risk Management Report
AprilS, 20]] Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Benn Estimated Time: Consent
Question:
Does Council have questions regarding the City's Risk Management Report?
Staff Recommendation:
Staff asks Council to accept this report.
Background:
The City has an active risk management program that is managed by supervisors from both the City
and Parks. The program also relies upon an effective Safety Committee and adequate insurance
coverage to protect life and property.
A risk management specific report has not been submitted to City council for over a decade so this
report, FY 2009-2010, tries to provide some history and back ground-information to help the reader
understand the complexities of the program and risks inherent to the City's operations.
It .is the goal of the committee to provide routine updated annual reports within six months of the end
of the fiscal year.
Staff is available to answer questions or they can be forwarded by email.
Related City Policies:
None
Council Potential Motions:
Move to accept the report.
Attachments:
FY 2009-20] 0 Risk Management Report
Page] of]
~~,
City of Ashland
Risk Management Report
FY 2009-2010
January 31, 2011
r
Index
Introduction, Purpose, Risk Management Team..... ................3
Mission, Vision, Values & Safety Committee.......................4
History....................................................................... ..5
The Program, Program Operations....................................6
Program Budget & Recent Impacts.....................................?
Components of Coverage.................. ........................... ....8
Program StrengthslWeaknesses/OpportunitiesfThreats.........9
Trends, Goals & Steps...................................................10
Action Steps............... ......... ................. ........... .......... ...11
Tables, Charts & Graphs........................................... .12-19
2
Introduction
The City of Ashland, Oregon (COA) and the Ashland ParKs and Recreation Commission
(APRC) are responsible for managing all risk and safety actions of the City to protect life and
property from injury or loss, minimizing any impact through prevention, containment and
insurance.
This report is intended to provide information that will allow us to develop a better
understanding of the risks faced by the City and help to identify measures that can be taken
to mitigate those risks.
Information in this report will help guide decision making and the future of the risk
management program and insurance services fund.
Purpose
The City (COA and APRC) serves its community by providing a variety of services to its
taxpayers, citizens and visitors through the management and staff. Through an established
Risk Management Team that utilizes a strategic plan, we desire to focus our time, efforts and
resources to positively impact liability exposures and to reduce injury, accident and property
loss through effective policies, training and an adopted safety culture that is embraced by all
City employees.
The City's Risk Management Team is charged with planning, implementing and reviewing
safety and insurance programs that are:
. Specific to the City's needs
. Timely to meet the City's needs
. Measurable for success
Through this approach the Team can assist elected officials, appointed officials and
departments to make informed decisions about what programs are offered and how they are
managed, with the specific intent to minimize or avoid adverse impacts from risks within a
given program provided or under consideration.
Risk Manaaement Team
Tina Gray, Human Resources Director
Don Robertson, Ashland ParKs & Recreation Director
Sharlene P. Stephens, AnalysUClaims Manager
Lee Tuneberg, Administrative Services/Finance Director/Risk Manager
3
Mission
To promote a safe and productive work environment for staff that focuses on early
identification of all risk exposures, prevention, training, and mitigation through
progressive risk management.
Vision
Ashland is:
o A productive, safe place to work.
o A work environment that promotes positive morale, creative problem solving, and
policy compliance.
o A work environment that promotes pride in the team.
o A work environment that promotes good communications, respects each team
member and authority of position.
We Value
o Our community, elected officials, staff and volunteers.
o The delivery of quality services to our community through a well trained staff with
adequate resources.
o Responsible actions by employees to promote a safe and risk-free work environment.
o An ongoing process to challenge and update policies and practices.
o Regular quality communication across all levels of the City.
Safety Committee at June 30, 2010
Michael Ainsworth, IT Manager
Brenda Barker, Administrative Assistant
.Greg Case, EMS Division Chief
Linda Cowen, Police Clerk II
Tina Gray, Human Resources Manager
Rick Hackstock, Building Inspector
Karl Johnson, Assistant Engineer
Mike Morrison, Maint. Safety Supervisor
Sharlene Stephens, Analyst/Claims Manager
David Wood, Tree Trimmer
Stu Wilkie, Mechanic
4
Historv
Ashland has provided municipal services since before its formal incorporation in 1874. As
the population grew so did the services offered until the City provided more services than
most communities with a similar population. Providing multiple and advanced services
requires intemal activities such as policy making, managing, financing, staffing and
supporting the frontline service providers like public safety, utilities, parks, planning, etc.
The City had an actuarial study done in 1992 that identified the benefits of being self-insured
for some parts of operations and coverage to support the services provided. At that time it
was d~termined the Hospital and Par1<s could also benefit greatly from a City-run program
that adequately identified risk and provided means to insure or mitigate costs, benefitting all
participants.
The study identified the means of accomplishing these goals and the requirement for enough
cash to meet foreseeable needs while generating savings over the conventional approach of
indemnifying against loss. The Hospital saw benefit in pursuing services and coverage
specific to them from other sources and eventually moved away from the program in 2003.
The City (including Par1<s) has done well over the recent past by generating enough "good"
years of savings to more than offset the "bad" years of more claims costs than average. To
date the program has retumed an average of $35,000 per year to the Insurance Fund.
However, claims have not always been small nor have they always been covered by the fund
surplus. In 1993 a reserve of $250,000 was targeted by the Risk Financing Study (Janzen
Associates) for contingent liabilities and that need has grown beyond $750,000. It should be
above $1,000,000 when considering changes in tort claim limits and mandated coverage for
claims relating to presumed exposure to carcinogens. The City's insurance fund struggles to
keep sufficient balances to protect against future losses. An example of a claim that has
helped to reduce reserves is the City's loss to Mt. Ashland Association (MAA) relating to the
expansion of the ski area. This loss reduced reserves by approximately $300,000 in FY 2009
and the fund has not been able to restore that amount.
Even though some potential claims have moved away from the City as the city-owned
hospital became a separate entity and some volunteer programs have been eliminated or
reduced, the City remains active in many more industries than the average municipality.
However, a positive point is the City has been successful at minimizing related costs through
a very active and aggressive risk management program and that has helped to maintain what
reserves we have.
In 1996 the City retained the retired Finance Director to wor1< as Risk Manager on a part time
basis. That position was eliminated in 1998. At that time the Legal Department formally
oversaw and managed claims, coordinating with Finance and other depaitments who did
personnel related issues and annual renewals.
Currently, wor1<ers compensation claims are managed by the Human Resources, Risk
Management team member and all other claims are handled or coordinated by the
5
Analyst/Claims Manager in Administrative Services. The Analyst/Claims Manager also takes
the lead role in the annual renewal of all policies, working closely with the incumbent risk
management advisor, under the guidance of the Finance Director/Risk Manager. The
Finance and Parks directors also assist with operational perspectives and management
oversight of the various programs and services covered.
The Proaram
Risk management and safety happens throughout the organization. The majority of the
benefit accrues to all funds with operations, staff and fixed assets but the primary place to
look for long-term performance is the Insurance Services Fund. The Insurance Services
Fund is where premiums, claim costs, direct staffing costs and support activities are
budgeted and where long-term trends can be garnered from an overview perspective.
The exceptions to the costing are the contributed efforts from all departments to staff both the
RM Team and the Safety Committee and some minor costs that are best absorbed within a
frontline department or fund budget. A key element of Ashland's success is the Safety
Committee and work done by delegated members who take the time from their daily tasks to
work on ensuring a safe and healthy environment for all employees. Even though the State
of Oregon has requirements for all entities to have a safety committee, it takes the interest
and dedication of appointed members to make ours so successful. Other communities and
professionals in the municipal risk and insurance industry point to Ashland's program as a
best practices program.
Proaram ODe rations
The study that was done in 1992 identified the need for a fund reserve large enough to
protect against potential losses or costs above what can be predicted in any budget year.
That need has grown' due to legislative changes;increased activities and related costs in City
operations. The Insurance Fund maintains a target amount intended to guard against such
risks existing today and into the future. Use of the reserve requires replenishment in the
subsequent budget period or as soon after as possible to protect the City.
Due to a long history of certain activities being self-insured (no insurance or high deductible
insurance) the Team may use a Risk Management Advisor (RMA) to work on programs. No
. Agent of Record is used at this time. Third-Party Administrators (TPAs) are used for
processing workers compensation claims but the Team maintains oversight responsibility.
Claims are managed in several ways through TPAs, the CIS trust and staff. HR has direct
oversight of the TPA managing WC claims and manages wellness programs in conjunction
with the health care benefit provided by the City. The current TPA was obtained through an
RFP process and can/should be rebid on a regular basis (3 to 5 years). So should the
incumbent RMA.
6'
',.
Property, casualty and liability claims are managed through intemal staff (primarily the
Analyst/Claims Manager with input from the Finance Director) and the trust/pool coverage
purchased from City/County Insurance Services (CIS). The RMA assists with evaluation and
renewal of coverage from the trust with limited coverage being obtained from other sources.
Without an insurance agent of record, aggressively bidding or pursuing coverage outside the
trust is not an option.
Both the HR Director and Analyst/Claims Manager assist with the internal safety program and
Safety Committee as needed.
Workers compensation coverage, self insurance and catastrophic reinsurance are paid for
through payroll rates similar to the experience modification approach used for traditional
programs like SAIF and Liberty Northwest.
The state rates our experience, assigning a value (Experience Modification Rating or EMR).
The City's rating for FY 2010 was .88, considered a low rating. A value less than 1.00
indicates a beneficial program that saved the insured (the City) money by being better than
the average entity. A rating above 1.00 indicates an above average risk experience and
results in the insured paying a premium on coverage. We have just been informed that the
FY 2011 EMR rate is .94 due to increased costs of the relatively few claims we experienced
over the last year. This is still a good rate but it means less in savings over an indemnity
insurance program for employee injuries.
The City participates in the state-wide City/County Insurance Services (CIS) pool for most
coverage other than Workers Compensation. The City obtains general liability, property and
casualty and other coverage via the pool with a limited amount of coverage being purchase
directly from other sources. Examples of these exceptions are municipal airport coverage,
flood and earthquake coverage for certain infrastructure, etc. The City is a long-term CIS
member and is grandfathered under a credit system for not using an Agent of Record. Only
four agencies in the state receive that credit and there is pressure from CIS for the City to go
to retroactive coverage. That change has a chance to save the City money if there are
catastrophic losses over several years but the City's approach has garnered an annual
average savings of $35,000 due to our good experience. Even though a large part of the
. good experience may be by chance, the City's positive approach to safety contributes to the
savings. This makes it hard to move away from the current plan of a high deductible/
managing our own claims costs to an indemnity plan with retroactive coverage.
Proaram Budaet & Recent Impacts
The Insurance Service Fund is an intemal service fund whose primary revenue source is the
allocated costs charged to the benefitting operational departments and appropriates to pay
for primary expenses that include insurance premiums, direct claims costs, consultant
charges and staff or overhead charges. The City maintains a set of schedules that identifies
what costs can and should be charged to other funds and departments. This allocation plan
should be reviewed on an annul basis with formal updates as frequently as can be
accomplished.
7
.
The FY 2009-2010 budget included $680,000 in revenue and $761,000 in expenditures
(excluding $150,000 in Contingency) for an operational decrease of $81,000. Actual results
were a $61,056 decrease in Ending Fund Balance (EFB) to $635,015. The FY 2010-2011
budget is similar with a potential $90,000 net reduction in EFB if activities in the year are
consistent.
Reductions in the number of claims and related expenses have successfully reduced
premium costs but that has not been enough to increase the EFB on the long tenn. There
are times of infrequent large claims that 'undo' the progress made in years of good
perfonnance. Staff is reviewing the elements of claims costs and activities that negatively
impact the fund to adjust the budgetary cost allocations in an effort to ensure fund stability.
These adjustments are needed for the City and Parks to remain healthy enough to fund the
years of high claims and coverage costs while trending toward a more satisfactory Insurance
Services Fund EFB.
ComDonents of Coveraae
Ashland's risk management and insurance program addresses all activities and exposures of
the City. Included in ongoing operations and coverage are workers compensation, general
liability, automobile liability, auto physical damage, property coverage, boiler & machinery,
excess crime, airport liability, flood coverage, volunteers accident and Underground Storage
Tanks (UST) insurances. General infonnation and disclosures on claims, coverage, policy
limits and premiums can be found in the notes to the comprehensive annual financial report
(CAFR) and the statistical section.
An overview of coverage is as follows:
"
-/
1. Workers compensation - Consistent with the 1992 Council directive the City is
self-insured, paying actual cost of claims up to $450,000 for most employees.
(The cap is $650,000 for Electric Department employees).
2. Excess Workers compensation coverage - the City purchases reinsurance
above the $450,000 standard coverage to protect against catastrophic loss for
most employees and $650,000 for Electric Department employees.
3. General liability - coverage protecting against general claims, commercial
liability, public official acts, employment practices and other claims arising from
nonnal municipal operations.
4. Automobile liability - coverage protecting the city from claims relating to the
operation of various vehicles and pieces equipment by the city's departments.
5. Auto physical damage - coverage against significant loss on city vehicles.
6. Property coverage - coverage protecting the city against loss on other'
properties owned or held by the city.
7. Boiler & machinery - coverage against loss on equipment not specifically
identified in one of the other areas.
8. Excess crime - protection against losses rising out of nonnal business
operations.
9. Airport liability - coverage protecting the city against claims made toward the
existence of the city's municipal airport.
8
10. Flood coverage - coverage providing protection against losses from the city's
ownership and operation of a reservoir, treatment plant and other buildings in or
near the watershed.
11. Volunteer accident coverage - secondary coverage for registered volunteers
participating in scheduled, supervised & sponsored volunteer activity of the City.
12. Underground storage tank - coverage for pollution liability.
Risk Manaaement Proaram SWOT
Strengt~s:
. Dedicated employees with a safety focus
. Progressive ideas, planning, vision for safety
. Cooperative, sharing, exchanging, collaboration
. Full Service City - economies of scale
. Loss control process resulting in a positive claims history
. Effective use of limited resources
Weaknesses:
. Limited succession planning and high turnover
. Ineffective communication - insufficient systems in place
. Budgetary constraints (limited staffing, training, and programs)
. Arduous policy development/enforcement (Le. drug testing, driving, personal
protection equipment, etc)
Opportunities:
. Changes in staff will bring new talents, thought processes and experiences
. Best Practices can generate savings or grants to fund safety efforts
. Advances in technical equipment.. . better communication in emergencies
. Policy development provides training opportunities
. Enhance positive reinforcement system through incentives
Threats:
. Continually changing workforce, loss of experienced staff and leaders
. Sacrificing safety standards to meet deadlines (a potential)
. Increasing regulations and standards through mandates
. Inadequate communication systems
9
Trends
Recent years of high costs have included paying for the watershed lawsuit, infrequent spikes
in workers compensation claims and elevated claims costs to deal with hazardous materials
such as sewer line breaks. Personnel actions can always lead to sizeable lawsuits and the
City has had a few of those since the study was done. Additionally, two recent legislative
actions have increased the City's exposure. The tort limit for liability has been raised through
court action and the "presumed cancer cause" for all fire fighter positions has increased the
probability that there will be higher liability and workers compensation costs in the future.
Insurance Fund Ending Fund Balance by Fiscal Year
Actual to 1993 Recommended/Calculated Minimum
& Staff New Recommended Minimum
$1,200,000
$800,000
lnet.as.due
tot.vl..d
Internal
dwc.s.
Oecr....
ue to MAA
l.w..ult
payout.
.
.
$1,000,000 .
.
.
.
.
.
.
$600,000
$400,000
$200,000
$.
2001 2002 2003 2004 200S 2006 2007 2008 2009 2010
~Actual EFB _Calculated EFB Minimum ~Staff Recommended EFB Minmum
Providing sufficient coverage and managing such claims will force higher budgets in all
departments as the related costs are allocated to all departments. The corresponding need
for a larger EFB to help the City weather high cost years is even more important with these
changes.
Goals & SteDs
1. Maintain safe work environment.
. Continue using trained, proactive Safety Committee & Risk management Team.
. Continue using consultants and advisors where effective.
2. Manage risk/insurance program effectively.
. Continue using trained, proactive Safety Committee & Risk Management Team.
. Continue using consultants and advisors where effective.
3. Allocate premium and claims costs fairty.
. Annually review claims and premium costs and necessary coverage.
. Update methodology for allocating internal charges.
. Revise methodology as needed but no less than eV!lry third year.
10
4. Restore Ending Fund Balance to target level.
. Annually allocate sufficient costs to funds & departments to cover projected cost.
. Assess funds and departments responsible for reducing EFB in subsequent year.
. Aggressively pursue restoration and subrogation to replace funds.
5. Develop/Document policies on risk management, claims accounting and budget.
. Personnel policies manual as it relates to risk management.
. General and specific policies that can be used for employee training.
. Account for insurance and daims costs and allocate fairly to funds/departments.
Action SteDs
Monitor and report risk management activities on a monthly basis to ensure
continuous improvement and best practices by performing the following:
. Analyze perceived exposures/risk areas, legislative changes relating to risk as
identified and claims, accidents and near misses as they occur for cause and effect
and potential corrective action(s).
. Select and implement the appropriate risk management and safety processes that
will support and enhance City operations and the safe delivery of services.
. Identify city-wide and departmental scenarios which provide opportunities of growth
in safe work practices that encourage the desired environment.
. Document changes in coverage, costs, claims activity and industry standards that
measure safe environments such as Experience Modification Ratings, premiums
and reporting statistics from insurance providers.
At the same time, the City is "grandfathered" in the current plan with CIS in the current
property & liability plan. It credits the City 100% of the $50,000 dollar deductible. Ashland is
the only city in this left in this program and CIS has indicated it will not make us change
programs (such as to another funding approach) that may, or may not, be better for Ashland
given our good history.
The City does not employ an Insurance Agent of Record. Entities that do are charged a 10%
commission. Ashland receives a 10% credit against premiums through CIS' underwriting.
Some of this credit is used to pay for risk management advisors that provide much the same
service that an agent would. The team will continue to evaluate what is in the best interest of
the City over the long haul. .
As mentioned before, the City's RM program and good experience history has paid off. As
older years with higher claims fall off of any review, Ashland receives a benefit in credits
against premiums. In FY 2010-2011 the credit was $74,382. It appears the credit for FY
2011-2012 will be in the $84,000 range. These credits will assist the City in restoring the
Insurance Services Fund reserves to cover future claims costs and premiums.
11
CITY OF ASHLAND, OREGON
SCHEDULE OF MAJOR INSURANCE IN FORCE
Coverage Annual Aggregate/Each FY2009 FY2010 FY2011
Occurrence Premium Premium Premium
General Liability $ 15,000,0001$ 5,000,000 $ 149,044 $ 133,358 $ 134,412
Public Officials Liability $ 15,000,0001$ 5,000,000
Employment Practices $ 15,000,0001$ 5,000,000
Automobile Liability 30,022 23,590 22,425
Scheduled Autos None 1 $ 5,000,000
Hired Autos/Non Owned None 1 $ 5,000,000
Uninsured Motorist None 1 $ 5,000,000
Auto Physical Damage 9,989 8,920 8,701
Scheduled Autos Per Filed Value
Rented or leased Per Filed Value
Newly Acquired Autos Per Filed Value
Property 77,615 78,928 68,429
Buildings Per Filed Value
Mobile Equipment Per Filed Value
Replacement Cost of Included Included
Boiler and Machinery Machinery & Equipment not 6,076 above above
covered elsewhere
Excess Crime Per lossl $250,000 930 934 1,039
Airport Liability $4,000,000/$4,000,000 5,189 4,650 4,650
Flood $ 54,200 848 848 931
Polution Liability None None 461
Workers' Compensation 6,000 6,000 6,000
Self-Insured Bond
Excess Workers' $ 1,000,0001 $ 1,000,000 25,960 25,483 23,233
Compensation
Volunteer Accident Ins Per Filed Value None 1,389 1,788
$ 311,673 $ 284,100 $ 272,069
One-time distribution of credits from CIS (74,833)
Adjusted/Net Total for Renewal $ 197,236
12
Total claims activity over the last 10 years is shown below. It demonstrates improvement in
number of claims filed and related cost for liability and property claims. Workers
compensation claims are omitted. At this time it appears as though FY 2011 will be another
good year. The table shows that only 4 claims remain open for the last two years and all
other claims from 2009 and prior are considered closed.
Number of Claims Filed Against the City
and Cost By Year
$400.000 60
$350.000 50
$300.000
$250.000 40
$200.000 30
$150.000 20
$100.000
$50,000 10
$- 0
~.. ~.. /' / /' / / ./ ,/ ~~ ~~
/..
_ COST _NUMBER FILED
COST NUMBER FILED OPEN CLAIMS
FY2001 $ 374,314 49 0
FY2002 $ 49,555 51 0
FY2003 $ 139,004 53 0
FY2004 $ 28,053 38 0
FY2005 $ 108,444 41 0
FY2006 $ 39,535 38 0
FY2007 $ 152,842 38 0
FY2008 $ 20,005 21 0
FY2009 $ 87,913 36 0
FY2010 $ 32,242 28 1
FY2011 (1/2 YI> $ 2,567 8 3
13
An outstanding (open) claim normally requires a reserve to be recognized as potential cost of
settling. When settled, actual costs are recognized and related reserves are released.
Projected cost of a claim and the required reserve varies greatly based upon type, severity
and potential expenses. This explains the deviations in the peaks and valleys of the line and
columns on the chart. Even so, the chart demonstrates a consistent improvement over the
last three years of claims and required reserves.
$.
o.,/' ~i\ )"J>'\ ~'\ 0';>'\ ~s:1' )"~ / / ~sfb )"Ji" / / ~.~.. ),,<,~"
., $120,000
,Ii
to
u
tl>
.5 $100,000
"
c
S
J!l
" $80,000
0
~
.l!
~ $60,000
"
0-
CD
0:
.,
~ $40,000
CD
.,
CD
0:
j $20,000
to
c
tl>
'ijj .;i
CD .,,,
C
Number of Claims by Quarter
Compared to Designated Reserves
=Reserve Balances
-+-# of Claims
20
,.
18
17
16
,. ~
,. i
13 0
12 tl>
C
11 ::;;
C
10 S
. II
"
8 0
-
7 0
~
CD
. .c
. E
"
. Z
3
2
0
Claims happen in the course of providing services. The City's goal is to reduce frequency
and severity to protect life and property and to minimize the cost of coverage and operations.
Since negative trends in frequency and severity drive up the cost of coverage and can reduce
funds available for other goals, maintaining a safe community and work environment is good
stewardship.
The following table and chart show summary information on major claims by category for the
last 10 years. Employee injuries (workers compensation claims) are excluded. The reader
can see that older claims relating to personnel decisions can and are the most expensive.
These dated claims will soon drop off the comparison since the presentation is for the most
recent 10 years. They will probably be replaced by sewer claims due to the historical
frequency and increased cost to resolve a claim because of the new requirements for bio-
14
hazard management. However, cost per claim remains high in all other areas except vehicle
accidents.
MOST EXPENSIVE CLAIMS BY TYPE OVER
LAST 10 YEARS
Pollee Actions
(3 Claims)
$40,222
"...-....... -.---..-....-.. ..~
.-'
Sldewalk/TrI &
", Falls (7 Clal )
"/ $119,531
Vehicle
Accidents
(37 Claims)
$71,091
Sewer Backups
(30.CI~lms)
_ ~ $2.60,576 .
. -,..-'>;~;~~~~.~
lnclu s
only I e lOp
3c1ai by
typei a
year.
$88,994
MOST EXPENSIVE CLAIMS BY TYPE OVER LAST 10 YEARS
(Taking the Top Three by FY from FY 2000~1 through 2009-10L
~ploymentlHarassmenUDiscrim. (~) $ 332,751
Sewer Backup~(30) 260,576
ill!P & Fall/Sidewalk/CurbslDesign Issues CD 119,531
Ice Rink Related @ 88,994
Vehicle Accidents (37) 71,091
Police Actions @ 40,222
Pothole Claims @ 13,361
Incorrect Code Information Giwn (!) 11,000
Street Sign Fell on Pedestrian (!) 4,780
Parking Garage Barricade (!) 4,696
~g Electrical Pole Damaged Vehicle (!) 4,246
8!Y Tree Fell Damaging Landscapingj!) 3,205
Street Design Issues (~) 2,000
Abnormal System Vollag~(~) 880
TOTAl 1$ 957,333 I
15
The City tracks claims, frequency, cost and potential for loss for departments in an attempt to
fairly allocate the cost of risk management to the various operations. It makes sense to
recognize this cost in the various departments and programs to better budget and report the
cost of doing business. Allocations are not simple due to the complexities of operations, risk
and exposure to claims and costs.
Below is the allocation of costs to departments including premiums, claims and risk
management for 2010. Due to the value of infras~cture, equipment, buildings, size of staff
and potential cost of claims as presented earlier, most of the cost is borne by the City's
enterprises and equipment-intensive funds.
2010 Internal Charges
by Department
Public Wo;ks-
Other, $4;490
Liability &
pro~rty cOII~roge
only, excludes
W/CchQ~s.
Other historical information and comparisons
In 2008 the Risk management Team considered policy changes to operations including going
away from the recommended self-insured workers compensation program established in
1993. The change was not made because the City has had an average savings each year of
$35,000. However, the team recognizes that a catastrophic loss in a fire or other disaster
could undo all savings to date. Reviews of trends in costs and exposures are still underway.
16
These charts show some of the issues considered in 2008:
$250.000
$200.000
$150.000
$100.000
$50.000
$-
$400.000
$300.000
$200.000
$100.000
$0
Workers' Compensation Claims
c::=J Cost
-+-Number
40
30
20
10
o
[] .-
Insured
SFuDy-
Along with the information driving potential changes in coverage, the Team looked at what
types of injuries drive the cost of covering City employees. This information is utilized by
staff, especially the Safety Committee, to determine what training is necesSary and frequency
to protect employees.
Ladder
Pinched
Struck by
Bites
Machinery
Vehicle
Exposure
Cut
Fall
Push/Pull
Altercation
Lifting
0 2 4
2004
2005
2006
2007
2008
Self-Insurance, Fully Insured, Retro
FY 2010FY 2009FY 2008FY 2007FY 2006FY 2005FY 2004FY 2003
6
8
10
17
12
Finally, as part of the 2008 evaluation, the Team looked at the comparative data to evaluate
the effectiveness of the City program. The chart below indicates Ashland has a low cost ratio
when compared to operating expenses. This may be positively impacted by the city's
relatively large operating budget. Staff believes the 1 % ratio is probably in the 1.5% to 2%
range when all costs for management oversight and Safety Committee operations are
considered. Given the trend in reduced claims, costs and annual premiums, it indicates the
investment in the program is beneficial.
Cost of Risk Benchmark
Oregon Cities & Counties 2008
3.0%
2.5%
M
. I
rill... ...1
I....~....I
1...........1
2.0%
2.0%~
1.5%
1.0%
0.5%
0.0%
City of City City City City County County County County County PRIMA PRIMA
Ashlmd City County
Names of other CIS cities & counties omitted. PRIMA: Public RIsk Manapment AssocIation
The following charts indicate in general that Ashland may have a, higher than most frequency
of claims compared .to population but positive comparability to others on cost. The per capita
claims comparison may be negatively impacted by the tourism economy but the cost
comparisons seem valid.
Number of Claims/Population
26040
17160
24400
47150
10370
l: 100655
o
'J; 21235
&. 25445
:. 9735
58005
20915
6635
9445
21485
-
-
-
-
--
--
--
o
0.2
04
06
0.8
1.2
1.4
18
Dollar of Claims/Population
100655
47150
17160
58005
26040
5 24400
'j 9445
3 9735
..
:. 21485
25445
20915
21235
10370
6635
0.00
1.00
2.00
3.00
4.00
5.00
CIS LossRatlo's 5 Year Average
100655
58005
47150
21485
9445
24400
17160
26040
9735
20915
6635
25445
10370
21235
o
10
20
30
40
50
80
70
All data is unaudited and unadjusted. Additional information is available upon request.
19
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Annual Report on Sweatshop Free Purchasing Policy
April 5, 2011 Primary StaffCimtact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
None Secondary Contact: None
Martha Bennet Estimated Time: Consent
Question:
Does Council have questions regarding the City's purchasing practices or participation in the national
coalition promoting changes in factory working conditions?
Staff Recommendation:
Staff asks Council to accept this report.
Background:
The City adopted A Resolution for a Sweatshop Free Procurement Policy No. 2008-45 on December
16,2008 and an administrative policy supporting the resolution on May 19,2009. Both documents are
intended to provide support to State and local Governments in their fight against poor working
conditions and hostile environments around the world through collaboration and leveraged purchasing
power to make changes, especially in the garment industry.
City of Ashland has joined an international consortium which includes the states of Maine, New York
and Pennsylvania, cities of Austin, Berkley, San Francisco, Seattle and Portland, Oregon, to mention a
few. The annual cost is $500 per year at this time.
During the year, Administrative Services staff spent approximately 20 hours participating in long-
distance discussions and teleconferences with other agencies and probably a like amount of time
researching vendors and purchases made by Ashland. In that time, Ashland's finance director assisted
in the consortium's creation of corporate documentation, budgeting, financial planning, internal
controls and general discussions on operations.
The primary goal for Ashland remains as: To minimize or eliminate the amount spent on subject items
determined to be from questionable factories. The City spends so little on uniforms (in comparison to
other consortium members) it is difficult for Ashland to ensure representations made by direct
suppliers and catalog houses are true. This holds true for larger agencies. Certifications and
testimonies from many garment providers are difficult to validate and only through participation in the
Sweat-free Purchasing Consortium can the City improve this purchasing goal.
However, the City must accept that this effort is one of awareness of working conditions and employee
rights violations over the short term and improvement of conditions over the long term. City of
Ashland is doing its part through this positive effort.
Page 1 of2
~~,
CITY OF
ASHLAND
Related City Policies:
Resolution 2008-45 and related Administrative Policy
Council Potential Motions:
Move to accept the report.
Attachments:
none
Page 2 of2
~~,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Residential Exchange Program Settlement Agreement
with Bonneville Power Authority
April, 2011 Primary Staff Contact:
Administrative Services E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Should the City Council authorize the City Administrator or her delegate to sign the Residential
Exchange Program (REP) Settlement agreement with Bonneville Power Authority (BPA)?
Staff Recommendation:
Staff recommends approval of the settlement agreement.
Background:
The Residential Exchange Program provides for trading wholesale power generated in the Columbia
River system between agencies assisting them in meeting the "green" requirements. Exchanges are
managed by BP A and charged for by BP A based upon a methodology that some think is unfair. The
rates and methodology have been many challenged by many utilities. The challenges cause
uncertainty for all and are costly.
City of Ashland's electric utility is a consumer-owned utility and a member of Northwest
Requirements utilities (NRU). The REP Settlement was negotiated by representatives of Consumer-
owned utilities (COUs), Investor-owned utilities (lOUs), State commissions, and consumer advocacy
groups. The REP Settlement reflects the very significant efforts of a broad coalition of parties to reach
settlement on many contentious and complicated issues. In general, the REP Settlement would resolve
existing challenges to BPA's REP decisions and establish BPA's prospective implementation of the
REP for a term of l7-years.
The deadline for signature and return to BPA is April 15, 2011. The REP Settlement will only become
effective if91 percent of the COU load signs the REP Settlement by the April] 5,2011, deadline. If
BPA does not receive signatures at or above this threshold, the REP Settlement becomes void, BPA
will continue to set rates and implement the REP based on its current approach, and the REP litigation
will resume.
If the settlement is accepted, City of Ashland will receive the estimated savings identified in the
Residential Exchange Settlement Agreements Benefits Table attached. Ashland is the first line in the
table and it indicates annual savings of approximately $138,820 during 2012 through 2019 and more
after that time to 2028. If it is not settled then refunds for exchanges in power in the Columba River
system cannot be quantified and may not be forth coming as long as there are active disputes.
Page I of2
~~,
v
CITY OF
ASHLAND
Related City Policies:
None
Council Potential Motions:
Move to authorize staff to enter into the agreement.
Attachments:
Northwest Requirements Utilities - Key elements of the REP Settlement
Northwest Requirements Utilities - BPA Initial Staff Recommendation to Settle
Residential Exchange Settlement Agreements Benefits Table
Department of Energy, BPA, Letter dated March 3, 201 I
The Residential Exchange Settlement Agreement
Page 2 of2
~~,
Northwest Requirements Utilities - Kev Elements of the 2012 REP Settlement ARreement:
I. The proposed 2012 REP Settlement Agreement would resolve challenges over BPA's
implementation of the REP in return for a stream ofREP benefits to the IOUs for a term of J 7
years. This stream of REP benefits would establish a limit on the amount of REP benefit costs
that BP A could include in the rates of the COUs.
2. The IOUs would receive a fixed stream ofREP benefits that (after being adjusted for Refund
Amounts as described in (5) below) would begin at $182.1 million in FY 2012 and increase
over time to $286.1 million in FY 2028.
3. The distribution of these REP payments to the IOUs would depend on each IOU's respective
A verage System Cost (ASC) and exchange load, plus adjustments to reflect Look-back
Amounts recovered from IOUs in Fiscal Years 2009 through 20 J I. The IOUs would continue
to file ASCs with BPA pursuant to the 2008 Average System Cost Methodology.
4. The settling COUs' obligation to pay REP benefits in rates is limited to the settling COUs'
share of the stream of REP benefits specified in the REP Settlement Agreement.
5. The outstanding "Look-back Amounts'" BP A determined were owed by the IOUs as of the
beginning of FY 2012 (approximately $511 million) would be replaced by the "Refund
Amounts" identified in the agreement. Unlike the Look-back Amounts, which are IOU-specific
obligations, the Refund Amounts are treated as a corporate refund obligation of the IOUs as a
group, i.e., they are an offset against the total amount of REP benefits included in rates. The
Refund Amounts of $76.538 million per year would be returned to the COUs over an eight-year
period (FY 2012-2019).
6. Distribution of the Refund Amounts among the COUs would occur as follows: 50 percent of
the Refund Amount ($38.269 million) would be returned to COUs based on the percentages
BPA established in the WP-IO rate proceeding to allocate the FY 2010-2011 Look-back
Credits to the COUs. The remaining 50 percent of the Refund Amount would be returned to
COUs based on each customer's Tier I Customer TOCA Share (expected share of Tier I load),
with a very small adjustment to address the unique circumstances of Grant PUD.
7. In addition to the stream of REP benefits, the IOUs would receive (i) a percentage of any
incremental BPA Renewable Energy Credits (RECs) that might accrue to BPA resources used
to serve BP A Tier I loads, and (ii) the payment of interim true-ups due under the 2008
Residential Exchange Interim Relief and Standstill Agreements between BP A and four of the
IOUs.
8. The Agreement would require the signatories to work together, directly or through associations,
to urge the U.S. Congress to pass legislation that would affirm the REP Settlement. If a party
concludes .that the legislative ratification effort could have a material adverse effect, it can
cease supporting and may oppose the ratification effort.
Page I of3
='~,
9. For the Agreement to go into effect, BPA must decide in its REP-12 final ROD that BPA will
both execute the Settlement Agreement and set rates for all customers (settlement signers and
non-signers) based on the Settlement for the 17-year term of the Settlement Agreement.
10. If BP A decides to execute the Agreement and set rates the same for signers and non-signers,
parties that do not sign the Agreement can and may challenge application of the Agreement to
their rates.
II. If the Agreement is challenged, all parties (I0Us, BPA, Signers and Non-signers) are free to
fully argue and defend their positions on the issues and to challenge the positions of others.
12. If these challenges were to succeed, BP A would set rates for all non-signers consistent with the
Court's ruling, regardless of whether the non-signing party challenged the Agreement. Only
parties that sign the REP Settlement Agreement would receive the cost protections and
certainty identified in the Agreement. Non-signers would be treated as a group and would pay
IOU REP costs consistent with the Court's ruling and BPA's subsequent REP and rate setting
decisions implementing the ruling.
13. REP costs in rates for non-signers could be higher or lower than REP costs in rates for signers,
depending on the court ruling, BPA's decisions in response to the ruling and results of possible
future litigation over BPA's decisions.
14. Section 14 of the Agreement addresses what happens if Congress or the Administration forces
BP A to move away from cost-based rates for Preference Customers. If PF rates are no longer
set based on embedded costs and this results in an average PF rate greater than 79 percent of
average IOU ASCs, the Agreement terminates.
15. Exhibit A of the Agreement is a template for the REP Implementation Agreement that BPA and
IOUs would execute if the Agreement becomes effective at the conclusion of the REP-12
proceeding. It would not be signed by COUs and is included so that COUs know what the
terms and conditions of the BPA-lOU REP Implemimtation Agreement will be if the
Settlement goes forward.
16. Exhibit H of the Agreement is a revision to COUs' Regional Dialogue Exhibit H that signers
agree will replace their current Exhibit H. This revised Exhibit H, combined with Exhibit C
that applies to the IOUs, implements the 14 percent sharing of possible future Tier I RECs and
Carbon Credits that is described in section 5 of the Agreement.
Page 2 of3
~...
...'1
Northwest Requirements utilities - BPA Staff's Initial Proposal Recommends that the
Administrator Adopt The Proposed REP Settlement Al!reement
BP A Staff has evaluated the proposed 2012 REP Settlement Agreement by comparing the protections
and requirements set forth in the Agreement with protections and requirements that would be
reasonably expected in the absence of the Agreement. In BPA Staffs REP-121nitial Proposal, 2012
REP Settlement Evaluation and Analysis Study, REP-12-E-BPA-01, pages 179-183, BPA Staff
proposes that the Agreement should be adopted by the Administrator for the following reasons:
I. BPA Staffs analysis demonstrates that the COUs would likely receive more protection from
REP benefit costs under the REP Settlement Agreement than would likely occur if BP A were
to continue to perform the section 7(b)(2) rate test in each rate proceeding over the next 17
years.
2. BPA Staffs analysis also demonstrates that the REP benefit payments to the JOUs would likely
be lower under the REP Settlement Agreement even if the COUs were to prevail on certain
outstanding litigated REP issues. The Initial Proposal shows that the COUs would have to
prevail on a combination of litigated issues to ol?tain an equivalent or better amount of
protection from REP benefit costs when compared to the REP benefits provided under the REP
Settlement Agreement. BPA Staffs analysis also describes the risk the COUs face if the 10Us
were to prevail with their REP-related issues in the existing litigation. BPA Staffs analysis
shows that if the 10Us were to succeed in their challenges to BPA's REP implementation
decisions, REP benefit costs could be significantly higher when compared to the REP
Settlement Agreement or even BPA's existing REP methodologies.
3. The REP Settlement Agreement continues to provide REP benefits to the settling 10Us in
conformance with section 5(c) of the Northwest Power Act by distributing the REP benefits
among the settling 10Us in a manner consistent with ASCs established under BPA's current
ASC Methodology and rates established under section 7 of the Northwest Power Act.
4. BP A Staff believes that the REP Settlement Agreement resolves, in a fair and equitable
manner, all of the outstanding issues with BPA's development and implementation of the
Look-back for the FY 2002-2011 period. The REP Settlement Agreement returns $610 million
to COUs over eight years. These Refund Amounts will be fixed by the Settlement and will not
be variable or dependent upon whether an IOU will be receiving REP benefits, as was the case
with BPA's return of the Look-back Amount.
Page 3 of3
~.l'
Ashland, City of
Benton REA
Big Bend Elel;;tric Co-Operative,
Bonners Feny, City of
Burley, City of
Cascade Locks, City of
Central Lincoln PUD
Centralia, City of
Cheney, City of
Columbia Basin Electric Co-op
Columbia Power Cooperative
Columbia REA
Columbia River PUD
East End Mutual Electric Co
Feny County PUD # I
Flathead Electric Cooperative
Forest Grove, City of
Harney Electric Cooperative
Ilenniston Energy Services
Heyhum, City of
Hood River Elel;;tric Co-op
Idaho County Light & Power
Inland Power & Light
Kootenai Elel;;tric Cooperative
Lower Valley Energy
McMinnville Water & Light
Midstate Electric Cooperative
Milton-Freewater City Light &
Mission Valley Power
Modem Electric Water Company
Monmouth, City of
Nespelem Valley Cooperative
Northern Wasco County PUD
Orcas Power & Light Cooperative
Oregon Trail Electric Co-op
Peninsula Light
Ravalli County Electric
Richland, City of
Rupert,City'of
Salem Elel;;tric
South Side Elel;;tric, Inc.
Surprise Valley Electrification
TannerEIel;;tric Cooperative
TiI1amook pun
United Electric Cooperative
Vera Water & Power
Vigilante Elecuic Cooperative,
Wasco Electric Cooperative
Wells Rural Electric
Average
Tolal Savings
Residential Exchange Settlement Agreement Benefits for NRU Members
Compared to Status Quo of BPA Forecasted Rate Case Outcomes
avet"agerate "PFrate avg.yearfy total Silvings aVet"agerate "PFrate avg.yearfy total Silvings
reduction reductlon2012 savings 2012 status quo to reduction 2012 reduction 2012 savings 2012 2012102028
2012 to 2019 to 2019 to 2019 settlement to 2028 full to 2028 to 2028
during8yr 2012 to 2019 term of
refund period settlement
$0.75 2.5% S 138.820 S 1,110,562 $1.91 6.4% S 354,574 S 6,027,758
$0.85 2.8% S 493,117 S 3,944,939 $1.96 6.5% S 1,131,943 S 19,243,027
$0.99 3.3% S 546,806 S 4,374,445 $2.03 6.8% S 1,116,950 S 18,988,152
$0.74 2.5% S 38,290 S 306,321 $1.91 6.4% S 98,438 S 1,673,439
$0.75 2.5% S 89,369 S '714,954 $1.91 6.4% S 229,128 S 3,895,183
$0.75 2.5% S 15,637 S 125,094 $1.91 6.4% S 39,767 S 676,040
$0.98 3.3% S 1.334,958 S 10,679,660 $2.02 6.7% S 2,752,968 S 46,800,449
$0.82 2.7% S 185,467 S 1.483,739 $1.94 6.5% S 441,069 S 7,515,176
$0.78 1.6% S 107,016 S 856,132 $1-93 6.4% S 263,576 S 4,480,788
$1.14 3.8% S 114,989 S 999,916 51.10 7.0% S 229,979 S 3,909,651
$1.14 3.8% S 33,599 S 268,790 52.l0 7.0% S 61,811 S 1,050,965
$1.14 3.8% S 372,507 S 2,980,059 $2.10 7.0% S 685,410 S 11,651,973
50.91 3.0% S 484,724 S 3,877,795 $1-99 6.6% S 1,054,828 S 17,932,077
$1.14 3.8% S 26,428 S 211,423 52.l0 7.0% S 48,627 S 826,659
$0.83 2.8% S 81,312 S 650,492 $1.95 6.5% S 191,277 S 3,251,704
$0.96 3.2% S 1,418,724 S 11,429,791 $2.01 6.7% S 3,002,101 S 51,035,709
$0.82 1.7% S 191,060 S 1.518,477 51.94 6.5% S 455,373 S 7,741,339
$0.94 3.1% S 194,477 S 1,555,815 $2.00 6.7% S 413,929 S 7,036,799
$0.73 1.4% S 80,235 S &41,877 $1.90 6.3% S 109,117 S 3,554,987
$0.59 2.0% S 14,124 S 193,795 $1.84 6.1% S 75,607 S 1,285,316
$0.77 2.6% S 85,267 S 682,139 $1.92 6.4% S 211,003 S 3,604,057
$0.82 2.7% S 45,914 S 367,310 $1.95 6.5% S 108,427 S 1,843,251
$1.14 3.8% S 1,080,571 S 8,&44,571 $1.10 70% S 1,988,241 S 33,800,100
$1.14 3.8% S 525,417 S 4,203,336 $1.10 7.0% S 966,762 S 16,434,958
$1.14 3.8% S 855,493 S 6,843,942 $1.10 '7.0% S 1,574,099 S 26,759,615
$0.79 2.6% S 598,031 S 4,784,249 $1.93 6.4% S 1,464,726 S 24,900,341
$0.84 2.8% S 355,598 S 2,&44,186 $1.95 6.5% S 830,610 S 14,120,545
$0.16 2.5% S 69,428 S 555,422 $1-92 6.4% S 114,988 S 2,974,796
$1.14 3.8% S 391,616 S 3,132,927 $2.l0 7.0% S 720,569 S 12,249,680
$1.14 3.8% S 168,094 S 1,144,750 $2.10 7.0% S 493,290 S 8,385,930
$0.76 1.5% S 54.172 S 433,374 $1.92 6.4% S 136,161 S 2,316,454
$0.84 2.8% S 43,548 S 348,386 $1-95 6.5% S 101,811 S 1,730,919
$1.00 3.3% S 551,351 S 4,410,811 $2.03 6.8% S 1,118,334 S 19,011,677
$1.14 3.8% S 259,381 S 2,075,049 52.10 7.0% S 477,159 S 8,113,400
$0.79 2.6% S 552,611 S 4,420,888 $1.93 6.4% S 1,345,612 S 22,875,580
$0.80 2.7% S 506,497 S 4,051,974 $1.93 6.4% S 1,229,204 S 20,896,466
$1.14 3.8% S 184,761 S 1,478,091 $2.10 7.0% S 339,959 S 5,119,311
$0.83 2.8% S 759,135 S 6,073,877 $1.95 6.5% S 1,119,809 S 30,256.151
$0.73 2.4% S 59,005 S 472,041 $1.90 6.3% S 153,344 S 1,606,845
$0.69 1.3% S 234,596 S 1,876,765 $1.88 6.3% S 641,874 S 10,911,860
$1.14 3.8% S 61,084 S 536,675 $2.10 7.0% S 123,435 S 1,098,390
$0.89 3.0% S 129,642 S 1,037,138 $1.98 6.6% S 288.140 S 4,908,581
$0.88 2.9% S 90,941 S 727,525 $1-97 6.6% S 203,798 S 3,464,560
$0.86 2.9% S 397,396 S 3,179,168 $1.96 6.5% S 907,699 S 15,430,875
$0.88 2.9% S 223,443 S 1,787,546 $1.98 6.6% S 499,622 S 8,493,569
$0.79 2.6% S 193,828 S 1,550,626 $1.93 6.4% S 473,575 S 8,050,775
$1.14 38% S 196.084 S 1,568,610 $1.10 7.0% S 360,792 S 6,133,467
$1.14 3.8% S 142,429 S 1,139,431 $2.10 7.0% S 262,068 S 4,455,153
$0.94 3.0% S 813.422 S 6,507,315 $2.00 6.7% S 1,735,170 S 29,491,889
0.91 3.0% S 1.99 6.6%
115,811,911 570,683,107
A positive number means utility is better off under the settlement than the status quo
Status quo is no REP settlement, continuance of current lookback approach, and SPA forecasts of outcomes of future rate cases
Proposed settlement includes an 8 year peri~d of refunds where FV 02-06 Presubscription Customers receive 50% of the value
The SPA "status quo" could be changed positively or negatively for individual utilities not settling and pursuing litigation
Each utility will need to assess the risks/rewards of not settling
NRU will host a forum on March 16th describing the settlement and providing more information quantifying legal risks
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Department of Energy
Bonneville Power Adminislralion
P.O. Box 3621 '
Portland. OR 97208
l'U\'o.'1:;1< :-;ERVJCF~
March J.201 I
In reply refer to: PS-6
Ms. Martha Hcnncll, City Administrator
City or !\shland
20 East 1\.1ain SI.
Ashland. OR 97520
DcaI' Ms. IknnclI:
Enclosed please find the final and cxcculahk \'l"l'si()Il (trlhe Rl'si(knli:lI Exch:IIl,!;L: Program
Settlement Agreement (REP SetlICllll'nl). The REP SetlkJlll'nl was negotiated oy n~prcs('ntalivcs
of consul11cr~owncd utilities (CCH.Js), invcstor~o\\'llcd lltililics (IOUs). slale commissions. and
conslImer advocacy groups. In order tn go fi"If\\'anJ,:1 "critical mass" of parties must sign thl'
REI' Scttlement by April 15,2011, including Iltilities aCl"HIlHing rur at Ie:"" 'I I perecnt ,'lr COU
Transition Period High Water Mark (THW1\-1) load.
The REP Sclllcmcnl n:flccts the vcry signdiclIlt cf!\')rt:-: by a hl\)ad ct)alitlfm nfpartics 10 reach a
\.~t)lllprl'-h('nsivc rcsnlutit)11 Of~l host ofronlcntiolls ;lilt! COJllplic:lll~d REP-rel~ltL'd issues. In
generaL the .REP Settlement would rcsulv(' existing and future challenges to BOllllcvilk Power
Administration's (BPA) I{E::P dedsions by establishing;1Jl aggrcgatt' allHHlnl of REP benefits
payable to the IOUs I()[ the pcriod FY 2012 through FY 202K. In rctum for thcsc payments,
BP^'s ratcp3)'crs \\'oul<l receive certainty as hi the impll'lIlclltllion Oflhc REP and future REP
costs for the 17-ycar term of the REP Settlement.
BPA is conducting the Residelltial E,'\changc Program Scltlcmcnt :\gn:cmclll secti,))] 7(i)
proceeding (REP-12) to cvaluatc whcther or notllPA will e,ecute the REI' Scnlcmclll. If the
REI' Settlement signing threshold or at least') I percellt of COU THWM k>ad is Illet by the
April 15.20 J I, deadlinc, 131' A will continuc the REP, 12 procceding and make a lin:1I decision on
whether to adoptthc REI' Selllcment inthl' REI'-12 Final Record of I.kcision. which is expected
tv be issued in early July 201 L If the signing Ihn;.'shold is not met or ifll i~ met hut HPA decides
at the conclusion of the REI', 12 proceeding nolto excentc the REI' SClllcmenl, the REI'
SClllcmcnt will be null and void. I3PA will SCI rates and iml'lementthc REI' bascd on a "no,
J .
Sclllelllent" approach, and the REI' litigation will continue.
During the REP-12 prQcccding, ex parTe rules mean BPi\ employees cannot disclIss the rncrits of
the REI' Selllement outside of the I(mnal proceeding or noticed !Jublic meetings. However. your
BPA Power Account Executive and others at BPA {:all anSWer filClual questiolls rq;~lf{.lil1g the
REI' Sclllement and HI' A's analyses presented inthl' REI'-12 procccding. BPA can ;1Iso e,plain
2
the REP-12 pro(;css and answer questions regarding executing and returning the REf> Sctllcmcnl
to BpA bv the Ap.;115, 2011. deadline.
. (
If YOll decide to t~""'CCl1tc the KEP SClllcmcnt, please return the signed agreement 10 111e in the
enclosed p.e<lddressed envclope by April 15, 20 J J. If you have questio",; or othe,wlse think
that BPA might be of assistance. plca~e do not hesitate tn contact your BPA Pt)\vcr ACCOllll!
Excc\Jlivc or me.
Thank you in advance It.Jr your timely consideration orthis very important matter.
Sinccn:ly.
/:'-d,5 / I
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Mark Gendron
VP Requirements ~'1arkcttng
E::nC[OSIIf't
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Intergovernmental Agreement for City of Ashland
to Join the County Emer~ency Notification System
AprilS, 20] I Primary Staff Contact: John Karns
Fire Department E-Mail: karnsj@ashland.or.us
Information Tech Secondary Contact: Rob Lloyd
Martha Benne Estimated Time: Consent
Question:
Will City Council approve an Intergovernmental Agreement for a regional Emergency Notification
System managed by Jackson County?
Staff Recommendation:
Staff recommends Council accept the Intergovernmental Agreement and agree to the annual cost of
$4,] 50.00.
Background:
Ashland Fire and Rescue and (AFR) the Information Technology Department (IT) began working on
public safety communications improvements in May 20] O. Projects included broadcast of emergency
radio online, resolving call capacity limitation affecting the City's emergency hotline, implementing
priority cellular calling for staff using Federal standard agreements, and creating a reverse-9] I
emergency notification capability for the City's public safety departments. IT and AFR completed the
online broadcasts, upgrades to the emergency hotline, and priority cellular calling projects in 20 I O.
This IGA and the ensuring implementation ofa County-wide emergency notification system will
complete the communications projects as prioritized by AFR.
In June 20]0, AFR/IT, Jackson County, and the City of Medford began examining emergency
notification options with the intent of pursuing a joint-use system to maximize coverage and minimize
costs for each jurisdiction. Jackson County \ook lead and allowed AFR/IT to work closely with it to
write a request for quotes solicitation, standard Intergovernmental Agreement, and cost-sharing model
between July 20 I 0 and February 20 I ]. The jurisdictions have agreed on the vendor and terms,
resulting in the attached IGA.
The lGA allows unlimited calling by the City, providing potential to use the system for events such as
hazards, disasters, crime, extreme weather, public works projects, and even utility outages. If the City
were to procure for a similar system independently, project costs would be approximately $45,000,
with an annual maintenance cost of more than $10,000. This underscores that value of the
collaboration. The joint group will also work to enlist additional cities to participate.
Related City Policies:
]) Administrative Rules for Approval of Intergovernmental Agreements
Council Options: .
City Council can authorize the IGA as presented, direct staff to suggest adjustments to the regional
group and bring the IGA back for consideration at a later time, or not participate.
Page J of2
~~,
CITY OF
ASHLAND
Potential Motions:
Move that Council [approve/decline to approve] the attached Intergovernmental Agreement with
Jackson County, Oregon, to join the regional Emergency Notification System with annual cost sharing
as detailed in the agreement.
Attachments:
lntergovemmental Agreement
Page 2 of2
~~,
JACKSON COUNTY, OREGON
INTERGOVERNMENTAL AGREEMENT
FOR AN EMERGENCY NOTIFICATION SYSTEM
This inter-governmental agreement, hereinafter referred to as "Agreement," is made and entered
into this 20th day of April, 2011, by and between the County of Jackson, by and through its
Board of Commissioners, hereinafter referred to as "County" and City of Ashland, hereinafter
referred to as "City." County and City are hereinafter individually referred to as the "Party" and
collectively referred to as the "Parties".
WHEREAS, the City and County share a common mission to promote the safety and
welfare of the public; and
WHEREAS, the City requires a solution to rapidly notify citizens it serves, and its own
personnel, in the event of disruptions, hazards and emergencies; and
WHEREAS, the County has contracted with Everbridge, Inc., for an Emergency
Notification System thilt will meet the City's needs; and
WHEREAS, the public is best served when organizations that serve the public cooperate
by sharing information and resources in order to improve service and cost; and
WHEREAS, the authority exists in the Law and the Funds have been budgeted,
appropriated and otherwise made available; and
WHEREAS, sufficient uncommitted balance of said Funds remam available for
encumbering and subsequent payment; and
WHEREAS, required approval, clearance, and coordination have been accomplished
from and by the Parties to this Agreement;
NOW, THEREFORE BE IT AGREED that, the County and City enter into this Agreement with
the following provisions:
I. Responsibilities
A. County will contract for and administer the contract for an Emergency Notification
System (hereinafter "System") which delivers those features described in Exhibit A of
this IGA. To the best of its ability, as permitted contractually, County will compel the
contracted provider of the System (hereinafter "Vendor") to deliver service levels
described in Exhibit B of this Agreement. City understands that County is not providing
the System' directly, and agrees that County is not responsible for providing City with
capabilities beyond what is included in County's contract with Vendor.
Page 1 of4
B. City agrees to designate and authorize two members of its staff (hereinafter "Agency
Administrator") to serve.as primary and secondary system administrators and liaisons to
County with respect to City's use ofthe System.
C. County will provide the Agency Administrators access to the System as Users with
delegated administration capability and responsibility tor areas of the system relevant to
City's jurisdiction, subject to the terms and conditions of the contract between County
and the Vendor. County intends for the system to be as useful as possible to City, and
will delegate as much control to the Agency Administrators as practical within the
constraints of the software, and will only limit control to the degree necessary to prevent
City's use from interfering with use by County or other participating organizations,
D. Agency Administrators will not grant User access to people other than authorized City
staff without written permission of County.
E. City. understands that Vendor may hold County responsible for improper use of System
by City, and therefore City will ensure that Agency Administrators, City staff and any
other people authorized to use the System by City will abide by the Vendor's and
County's guidelines and policies for use of the System. City will ensure that all Users of
the system authorized by City are trained and maintain current knowledge in the proper
use of the System.
F. City agrees to defend, save, hold harmless and indemnify Jackson County, Oregon, and
its officers, employees, agents and members from all claims, suits or actions of whatever.
nature resulting from or arising out of the activities of City or its officers, employees,
subcontractors or agents that are in violation of law or of Vendor's or County's
guidelines and policies for the use of the System.
G: County will provide at least one User or Administrator training session per year. City
agrees that Agency Administrators shall attend training offered by the County or Vendor.
If City desires more training than offered by County, the County will ensure contractual
access to Vendor for City to purchase training services directly from Vendor. City will be
responsible for the cost of all training not offered through the County.
H. City and County agree to cooperate in implementing and testing the System for use by
City, and in resolving any problems that impair use of the System by City or other
participating organizations.
2. Term. The term of this Agreement is from the date of execution through March 15,2016.
The County and City may extend the term of this Agreement by mutual consent via a written
addendum to this Agreement.
3. Cost. City will, in exchange for use of the System, pay to County the sum of $4,050 on or
before March 15, 2013, and again on or before March 15, 2014 and again on or before March
15, 2015. Ifthe term of this Agreement is extended by mutual consent, payment shall be due
on March 15th of each year thereafter during the extended term of this Agreement, at the rate
agree to in extension agreement.
4. Termination. This AgreeQ1ent is intended to remain in effect for the full term, but will
automatically terminate in the event that County's contract with Vendor is terminated. The
City or County may terminate this Agreement only in the event of the inability of County or
City to lawfully appropriate funds to satisfy its financial obligations under this Agreement, or
Page 2 of4
in the event of material breach of this Agreement by the other party. If a party terminates
this Agreement pursuant to this paragraph, that party shall provide 30 days written notice to
the other party prior to the termination of the Agreement. Parties agree prorated refund of
City's payment to County shall not be required.
5. Assignment. Except as otherwise provided, the duties and obligations of the Parties shall not
be assigned, delegated, or subcontracted without the express prior written consent of the
other Party. Any and all assignees or subcontractors are subject to the requirements of this
Agreement.
6. No Third Partv Beneficiaries. Except as otherwise stated, this Agreement shall be binding
only upon the Parties hereto and their respective successors and assignees. No third-party
beneficiary rights or benefits of any kind are expressly provided or implied for herein.
7. Compliance with Applicable Laws. City shall comply with all applicable federal, state and
local laws, ordinances and regulations applicable to the work under this Agreement.
8. Governing Law: Jurisdiction: Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict
of laws, rules or doctrines. Any claim, action, suit or proceeding between the County and
City that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively within the Circuit Court 9f Jackson C:ounty for the State of Oregon. In no event
shall this section be construed as a waiver by County of any form of defense or immunity
from any claim or from the jurisdiction.
9. Indemnitv. In addition to any other duty to defend, save, hold harmless and indemnify
required pursuant to this Agreement:
A. City shall defend, save, hold harmless and indemnify Jackson County, Oregon, and its
officers, employees, agents and members from all claims, suits or actions of whatever
nature resulting from or arising out of the activities of City or its officers, employees,
subcontractors or agents under this Agreement.
B. County shall defend, save, hold harmless and indemnify City, and its officers, employees,
agents and members from all claims, suits or actions of whatever nature resulting from or
arising out of the activities of County or its officers, employees, subcontractors or agents
under this Agreement.
10. Force Maieure. No .Party to this Agreement shall be held responsible for delay or default
caused by fires, riots, acts of God and/or war, which is beyond the reasonable control of the
Parties.
II. Severabilitv. The Parties agree that if any term or provision of this Agreement is declared by
a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected, and the rights and obligations of the
Parties shall be construed and enforced as if the Agreement did not contain the particular
term or provision held to be invalid.
Page 3 of4
12. Notice. For the purpose of this Agreement, the persons named below are designated the
representatives of the Parties. All notices required to be given by the Parties shall be given
by registered or certified mail to the representative named below. The Parties may designate
in writing a new or substitute representative:
. Jackson County:
CITY:
Jackson County Emergency Management
Attn: Mike Cuny
10 S. Oakdale Ave
Medford, OR 97501
City of Ashland
Attn: Rob Lloyd, CIO/Director
90 N Mountain
Ashland, OR 97520
54 I -774-682 I
Email: currymc@jacksoncounty.org
541-552-2314
Email: 1I0ydr@ashland.or.us
13. Merger. This Agreement constitutes the entire agreement between the Parties. No waiver,
consent, modification or change of terms of this Agreement shall bind either Party unless in
writing and signed by both Parties. There are no understandings, agreements or
representations, oral or written, not specified herein regarding this Agreement.
14. Aooroval. This Agreement shall not be deemed valid until the Agreement has been approved
by authorized representatives of County and City.
Jackson County, Oregon
City of Ashland
[Name]
[Title]
[Department]
John Stromberg
Mayor
Page 4 of4
CITY OF
ASHLAND
Council Communication
Extension of 1994 Gun Club Lease & Move New Lease Discussion to June 2011
Meeting Date: AprilS, 2011 Primary Staff Contact: Megan Thornton
Department: Legal E-Mail: thorntm@ashland.or.us
Secondary Dept.: Public Works Secondary Contact: Mike Morrison, Jr.
Approval: Martha Bennet Estimated Time: Consent
Question:
Does the Council wish to approve an order amending the 1994 Ashland Gun Club lease to extend the
lease by three months and move discussion of the new lease to June 20 II?
Staff Recommendation:
Staff recommends approval of an order and execution of the amendment to the 1994 lease and that the
discussion of the new lease be moved to June 20 I I.
Background:
The Ashland Gun Club (Gun Club) has been leasing the property from the City to use as a gun club
facility since at least 1968. The City leases the Gun Club approximately 32 acres of the 65 acres it
owns in that area. The current Gun Club Lease was signed in 1994 and it was set to expire in June
2009. The Council authorized one year extensions in 2009 and 2010. The current extension will
expire on May 30, 2011.
At the Council meeting on March 15, 20 I I, the Council made a motion to grant a three month
extension to the Ashland Gun Club lease. The three month extension will cause the 1994 lease to have
a termination date of August 31, 2011. The extension will allow the Council to discuss the new lease
at a June 2011 council meeting.
Related City Policies:
None
Council Options:
1) Approve an order and amendment authorizing a three month extension of the 1994 lease and
move discussion of the new lease to June 2011.
2) Decline to approve an extension of the] 994 lease or move discussion of the new lease to June
2011.
Potential Motions:
(I) Move to approve an Order of the City Council authorizing an amendment to the lease ofreal
property to the Ashland Gun Club and move discussion of the new lease to June 20 I 1.
(2) Move to continue the matter to [date certain].
Attachments:
Third Amendment to 1994 Lease Agreement
Page 1 of 1
~~,
THIRD AMENDMENT TO 1994 LEASE AGREEMENT
BETWEEN THE ASHLAND GUN CLUB AND THE CITY OF ASHLAND
THIS AGREEMENT is made and entered into between the CITY OF ASHLAND, OREGON,
by and through the Ashland City Council, hereinafter referred to as Lessor, and the ASHLAND
GUN CLUB, INC., hereinafter referred to as Lessee.
WHEREAS, the Lessee has formally leased from Lessor, certain City-owned Property for gun
club purposes since 1968; and
WHEREAS, the current 1994 Lease Agreement will expire May 30, 20 I I ; and
WHEREAS, the Lessor and Lessee desire to continue negotiating a new long-term lease that
will further the public interest with the inclusion of a lead abatement/cleanup schedule, together
with other conditions and restrictions on the use of the city-owned property that will address the
concerns of abutting property owners and the City; and
WHEREAS, the lease negotiations regarding the new lease may not be complete by May 30,
2011; and
WHEREAS, on February 3, 2009, to facilitate negotiations, the Ashland City Council
authorized the execution of an Order extending the termination date of the 1994 Lease
Agreement by an additional year; and
WHEREAS, on April 6, 2010, the Ashland City Council authorized the execution of an Order
extending the termination date of the 1994 Lease Agreement by an additional; and
WHEREAS, the Council made a motion to extend the lease by an additional three months on
March 15,2011, to allow for further negotiations;
NOW THEREFORE, LESSOR AND LESSEE HEREBY AGREE THAT THE 1994
LEASE AGREEMENT IS AMENDED AS FOLLOWS:
1. Recitals. The recitals set forth above are true and correct and are incorporated herein by
this reference; and
2. Lease Extension. The 1994 Lease Agreement termination date as reflected in the body
of 1994 Lease Agreement is hereby extended for a period of three months, from May 30, 2011,
to August 3 I, 2011; and
3. Month to Month Termination. Notwithstanding any other provision of the 1994 Lease
Agreement, the extension granted in paragraph 2 above may be terminated at the option of
Lessor by giving 30 days written notice to Lessee if the Lessor determines, at any time, that a
long-Ierm lease is not in Lessor's best interest. If this extension is terminated, as provided for
herein, Lessor may remove Lessee, and any of Lessee's members or property by legal action or
by self-help with the use of reasonable force, without liability for damages, and without having
accepting a surrender.
Page I of2
4. Additional Extension Terms. The Gun Club will work with staff and consultant to
select and implement Best Management Practices (BMP), to reduce the risk associated with lead
shot.
5. Savings. All other provisions of the 1994 Lease Agreement, not inconsistent with the
above changes remain in full force and effect.
LESSEE:
Ashland Gun Club, Inc.
Date
ORDER
Pursuant to ORS 271.360 the City of Ashland hereby approves and authorizes the First
Amendment to the 1994 Lease Agreement between the Ashland Gun Club, Inc. and the City of
Ashland, as set forth herein.
LESSOR:
Mayor, City of Ashland
Date
-
Page 2 of2
v/
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Public Hearing on the 2011 Community Development Block Grant Award and
CDBG Action Plan Development
April 5, 201 I Primary Staff Contact:
Planning E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Question:
Will the City Council award $ I 93, I 42 in Community Development Block Grant funds to ACCESS,
Inc. and St. Vincent De Paul and direct staff to develop the Annual Action Plan?
Linda Reid
reidl@ashland.or.us
Bill Molnar
30 Minutes
Recommendations:
The City of Ashland Housing Commission reviewed the grant requests at a public hearing held on
March 23, 2011. The Housing Commission recommends that the City Council fund the ACCESS,
Inc.-Hyde Park acquisition proposal $163,142 to purchase a property on Dollarhide on which to
develop 6 units of affordable housing targeting families and individuals making 60% of the Area
Median Income or below for a period of not less than 60 years and to fund the St. Vincent De Paul-
Home Visitation Program at $30,000 to provide emergency rental and utility assist~nce to low-income
populations in and effort to avoid homelessness. . .,.
Staff concurs with the Housing Commission's recommendation. Further, in the event that the City's
expected allocation is reduced through the federal budgeting process, staff recommends looking at
reducing the ACCESS, Inc. proposal allocation accordingly, unless to do so would make the project
unfeasible. The applicant has indicated that a slight reduction in the awarded grant amount would not
make the project unfeasible as long as the grant amount could cover the purchase price of the property
plus associated closing costs which totals $135,900.
Background:
The total City of Ashland allocation of CDBG funds for the 2011 program year is expected to be
$224,525. 20% of these funds go to administration of the CDBG program ($44,905). A maximum of
15%, approximately $30,000, is available for Public Service projects. An unallocated balance of
$13,522 in carryover funds is also available to be added to the Capital Improvement project funds. In
total there is approximately $ I 93, 142 currently available for award.
The City of Ashland provides Community Development Block Grants (CDBG) to eligible affordable
housing providers and non-profit organizations for capital improvement with and public service
projects within the City of Ashland. Awarded projects must address the CDBG national objectives, and
be consistent with the City of Ashland 2010-2014 Consolidated Plan for Use ofCDBG Funds. The
City received five proposals totaling $257,054. Upon review of the proposals, and after taking any
public testimony at a public hearing, the Council shall make an award to the selected applicant(s).
The City of Ashland has received two applications for the 2011 Community Development Block Grant
Public Service funds:
Page I of3
~~,
CITY OF
ASHLAND
. Children's Advocacy Center-$30,000 for Child Abuse Services and Prevention
. St. Vincent de Paul - $30,000 for emergency rental and utility assistance
The City has also received three applications for Capital Improvement funds (as of 03/28/1 I, both
Community Health Center and Living Opportunities have withdrawn their applications):
. ACCESS, Inc-$ I 66,000 for acquisition and predevelopment for land on which to develop 6
units of affordable rental housing targeting families and individuals making >60% AMI.
. Community "eoIth Center $1 ~,900 for :\0/\ accessibility accommodations to their .^.shlllfld
Glffiie
. Li";ing Opportunities $16, 15 ~ for repairs ami renovations for their :\shland empleyment ami
leisure center fer peoples with disabilities.
The attached Staff Evaluations, dated March 23, 20 I I, contains a complete background of funding
availability, the award process, Staffs assessment of each proposal, and the relevant CDBG program
criteria relating to the award of CDBG funds and each of the applications received.
The above grant requests total $257,054 of the $193,142 available for award. CDBG regulation only
allow the City to commit 15 % or $30,00, of a Participating Jurisdiction's (P J's) annual allocation to
Public Service activities.
Related City Policies:
2010-2014 Consolidated Plan for the Use ofCDBG funds: Community Development Block Grants are
federal funds awarded through the City of Ashland to a maximum of two eligible projects annually that
benefit low-moderate income households. Ashland's 2010-2014 Consolidated Plan for use ofCDBG
funds establishes which of the nationally recognized eligible uses are prioritized locally. Staff
evaluations are based on meeting the national objectives for the CDBG program, the basic federal
requirements for eligibility, locally recognized priorities as established in the Consolidated Plan, and
include evaluation criteria that was noted in.the Request for Proposals to provide applicants with the
selection criteria used in assessing the proposals strengths and weaknesses.
Annual CDBG Action Plan: The City Council shall accept both general and specific public testimony
regarding the development of the 2011 COBG Action Plan at this public hearing. Upon completion of
award selections by the City Council, an Annual CDBG Action Plan will be drafted to outline the
proposed uses(s) of the 2011 CDBG funds. A public hearing for review and approval of this 2011
Annual COBG Action Plan will be held before the Housing Commission on May 25,2011, to insure
consistency with'the awards designated by the City Council.
Council Options:
Upon review of the proposals received, and after hearing public comments, the Council shall determine.
whether the projects effectively address the goals outlined in the Consolidated Plan (see goals under
assessment criteria in the attached staff evaluation).
The Council can select to award funds as requested or modify the award amounts. However, the
application ofCOBG funds to Public Service projects applications is strictly limited to no more than
$30,000 (15% of the City's 2011 annual allocation).
Page 2 of3
~~,
CITY OF
ASHLAND
. The Council can award funds to no more than two applicants in any given year (unless the Council
wishes staff to process an amendment to the 2010-2014 Consolidated Plan) and direct Staff to develop
an Annual CDBG Action Plan according to that selection.
Potential Motions:
Move to approve the award of$30,000 (or up to 15% of the overall allocation) to the St. Vincent de
Paul Home Visitation Program for emergency rental and utility assistance, $] 63, I 42 to ACCESS, inc.
for acquisition and predeve]opment of a deed restricted 6 unit lot on Dollarhide on which to develop 6
units of housing affordable for a period of not less than 60 years targeting families and individuals
making 60% of the Area Median Income or less.
Attachments:
Staff Evaluation dated March 23, 20]]
CDBG Project Proposal Rating Criteria
CDBG Applications Received
. St. Vincent De Paul
. Children's Advocacy Center
. ACCESS, Inc.
Draft Housing Commission Minutes 3/23/201 ]
,
Page 3 of3
~~,
CITY OF
ASHLAND
Staff Evaluation
To:
Title:
Date:
Submitted By:
Ashland Housing Commission
Community Development Block Grant (CDBG) 2011 RFP
March 23, 201 I
Linda Reid, Housing Program Specialist
The City of Ashland has received five applications for 2011 Community Development Block Grant
funds that are competitively available. The total City of Ashland allocation ofCDBG funds for the 2011
program year is expected to be approximately $224,525. The funds that have been offered
competitively are estimated from the previous year's allocation and have had the administrative portion
of20% removed (or approximately $44,905 for administration of the CDBG program). Of the available
2011 funds a set aside of] 5% or approximately $30,000 is available for Public Service projects. An
unallocated balance of $] 3,522 in carryover funds may be added to the Capital Improvement project
funds. ]n total there is approximately $193,142 available for award. The City will reserve the right to
award more or less than this estimate dependant on the final entitlement amount authorized by Congress
and the Department of Housing and Urban Development.
The City of Ashland Housing Commission will hold a public hearing on March 23m to review the grant
requests and make a recommendation to forward to the City Council.
Staffs recommendation regarding the allocation of the 20]] CDBG funds is provided on the following
pages.
Proposals Received
Organization Proposed Project . CDBG Goal Consolidated
Funds Plan Goal # and
Requested Rank*
St. Vincent De Assist 620 Households with $30,000 Provide 620 low Goals 4.1
Paul emergency funding to income households Need Rank A
prevent homelessness with emergency Goals 4.2
servIces Need Rank: B
Goals 4.3
Need Rank: B
Goals 8.2
Need Rank: B
Children's Assist approximately 45 $30,000 Provide Child and Goal 8.2
Advocacy Center youth with core services teen abuse services Need Rank B
related to abuse and provide to 45 victims and at
at least 5 education and least 5 training and
training events to promote education outreach
the prevention of child events to several
abuse. groups to prevent
abuse.
~~,
Community Health To make ADA $14,900 Barri er Goal 8.2
Center improvements to the existing removal/ADA Need Rank B
CHC building to better accommodations for
accommodate peoples with 100+ mobility
disabilities. impaired patients
Living Renovations to Ashland $16,154 Renovations to Goal 8.2
Opportunities Community Employment building that serves Need Rank B
Services Building to support 25 special needs Goal 14.1
employment and leisure clients with Need Rank B
activities for special needs employment and life
populations skills assistance
ACCESS, Inc. The acquisition and $166,000 The acquisition and Goal 1.1
predevelopment of a deed , predevelopment of Need Rank B
restricted parcel ofland off land on which to Goal 1.2
Dollarhide to be developed develop 6 affordable Need Rank A
as 6 units of affordable rental rental housing units
housing
Fundin!! Reauested! Available
A total of $193, 142 in CDBG funds is expected to be available to distribute to eligible recipients for
projects meeting the CDBG national objectives, and which are consistent with the City of Ashland 2010-
2014 Consolidated Plan. The maximum allocation allowable to be used to support public services is
limited to approximately $30,000.
These funds will be available upon approval of the 2011 Action Plan, and upon the completion of any
regulatory requirements including but not limited to environmental review clearance.
Upon completion of the Action Plan a public hearing for review and approval will be held before the
Housing Commission to insure consistency with the awards desiinated by the City Council. The US
department of Housing and Urban Development (HUD) must review the annual Action Plan submitted
by the City to ensure the activities funded are consistent with federal requirements, and with the local
Consolidated Plan. .
Assessment Criterion
Staff has assessed the proposals to determine whether they meet the Federal CDBG regulations and
address the priorities identified within the City of Ashland 2010-2014 Consolidated Plan.
Three areas are evaluated for each proposal regarding compliance with federal regulations.
. Projects must meet the National Objective of the Community Development Block Grant
Program.
. All CDBG funded projects must be an "eligible" uses under the Community Development Block
Grant Program.
. If a project meets all federal requirements and is selected for award, then federal regulations
must be met throughout the course of the project.
r~'
Some examples of federal regulations which pertain to Community Development Block Grant funded
projects are; all projects funded in whole or in part, with CDBG dollars require an environmental review
in accordance with the National Environmental Policy Act (NEPA). Certain construction projects must
use federal Davis-Bacon wage rates. Housing involving structures built prior to 1978 must be tested for
the presence of Lead Based Paint and if found steps to mitigate Lead Based Paint must be taken. Any
project involving the displacement of residents or businesses as a result of the federally funded project
are entitled to assistance under the Uniform Relocation Act. Most importantly the beneficiaries from the
application of CDBG funds must qualify as eligible populations under the Federal requirements. Areas
of concern are described for each proposal received. The Housing Commission and the City Council can
only award CDBG funds to projects that can meet all federal requirements and meets an objective as
outlined in the City's 2010-2014 Consolidated Plan.
Priorities within the City of Ashland's 2010-2014 Consolidated Plan are given a priority ranking by
letter. The rankings of A, B and C are intended to assist in directing CDBG funds to the greatest needs.
In cases where there are competing projects for limited funds, the projects(s) that are ranked the highest
will be funded.
A- The City of Ashland plans to use the CDBG funds for projects that meet these needs.
B- The City of Ash/and may use CDBG for projects that meet these needs.
c- The City of Ashland does not plan to use CDBG{unds for projects meeting these needs but will
consider certifications of consistency for other entities which are applying for federal assistance to meet
these needs. Additionally such needs may also be addressed by the City through the allocation of
Economic Development and or Social Service Grants from the City General Fund
Public Service Proposal Evaluation
St. Vincent De Paul-Home Visitation Program
Staff has reviewed the St. Vincent de Paul program proposal to determine whether it meets the Federal
CDBG regulations, and if the proposal addresses the priorities within the City of Ashland 2005-2009
Consolidated plan. St. Vincent's has requested $30,000 to assist them in defraying the cost ofrent and
utility relief for people facing eviction and shut offs thereby preventing homelessness.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective.
. Generally Income payments (payments to an individual or family, which are used to provide
basic services such as food, shelter (including payment for rent, mortgage, and/or utilities) or
clothing) are ineligible public service activities when such payments are provided has a grant.
However, such expenditures are eligible if; the income payments do not exceed three consecutive
months; and the payments are made directly to the provider of services on behalf of an individual
or family. This project meets those criteria.
. St. Vincent expects to assist between 30-40 households or approximately 100 people with the
granted funds.
. . Staff finds that St. Vincent's proposal is consistent with goals number 4.1,4.2,4.3 and 8.2 of the
City of Ashland's 2010-2014 Consolidated Plan.
~.t. .,
Goal 4: Support services for homelessness prevention and transition. Where
possible, give funding priority to services that are part of a comprehensive approach
that improves the living conditions of clients. Safety net services that meet basic
needs shall only be funded with CD8G dollars if it can be demonstrated that clients
receiving those benefits are part of a program that will eventually help them obtain
self-sufficiency.
. 4.1 Provide assistance to non-profit organizations that assist the homeless
and those at risk of homelessness, provide transition assistance to the
homeless, and help prevent homelessness (A)
. 4.2 Strengthen the capacity of the Jackson County Continuum of Care to
plan activities reducing homelessness in the community. (8)
. 4.3 Support activities that expand service-enriching housing for the homeless
and_other_ special needs populations, including increased shelter, transitional
and permanent supportive housing resources. (8)
GoalS: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, parsons with alcohol or other drug dependencies and persons
with HIV/AID or related illnesses.
. S.2 Provide assistance to non-profit organizations that provide support
services to extremely low- and low-income special needs populations. (8)
In evaluating the proposal it is evident that the classification of "A" as a priority indicates that this is the
highest priority use for the CDBG funds.
A-The City of Ashland plans to use CDBGfundsfor projects that meet these needs.
Staff sees that St. Vincent's proposal is an eligible use of the CDBG funds and is consistent with the
City of Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity assists in the
prevention ofhomelessness for low-income and.special needs households. Further this project meets
and exceeds the 10% leverage requirement of the City of Ashland.s CDBG program providing double
the requested grant funds and leveraging further funds from other sources.
Children's Advocacy Center (CAC)-Child Abuse Services and Prevention Program
Staff has reviewed the Children's Advocacy Center Child Abuse Services and Prevention Program
proposal to determine whether it meets the Federal CDBG regulations, and if the proposal addresses the
priorities within the City of Ashland 2010-20]4 Consolidated Plan. CAC has requested $30,000 in
Public Service funds to assist them in providing child abuse services and preventions trainings to
Ashland residents.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective. (Victims of abuse fall under the special needs presumed benefit category).
~~,
. Support for direct services to special needs populations is an eligible activity under CDBG
regulations.
. This project aims to serve approximately 45 youth and provide several trainings.
. Staff finds that the CAC proposal is consistent with goal number 8.2 of the City of Ashland's
2010-20] 4 Consolidated Plan.
GoalS: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, parsons with alcohol or other drug dependencies and persons
with HIV/AID or related illnesses.
. S.2 Provide assistance to non-profit organizations that provide support
services to extremely low and low-income special needs populations. (B)
In evaluating the proposal it is evident that the classification of"B" as a priority indicates that this is an
activity that the City may use CDBG funds to support.
B- The City of Ash/and may use CDBG for projects that meet these needs.
Staff sees that CAC's proposal is an eligible use of the CDBG funds and is consistent with the City of
Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity assists victims of child
abuse, a population that is "presumed low income benefit" according HUD guidelines, arid will provide
a service which is unduplicated in the community or in Southern Oregon, and for which there is a
documented need. This program will also provide trainings to Ashland residents that promote the
prevention of child abuse. Further this project meets and exceeds the 10% leverage requirement of the
City of Ashland's COBG program.
Capital Improvement Proposals
ACCESS, Inc.-Hyde Park (Dollar hide acquisition and predevelopment)
Staff has reviewed the Access, Inc. Hyde Park acquisition Capital Improvement proposal to determine
whether it meets the Federal CDBG regulations, and if the proposal addresses the priorities within the
City of Ashland 2010-20 I 4 Consolidated plan. Access, Inc. has requested $ I 66,000 in grant funds to
assist them in the acquisition of property and other related predevelopment costs on which to develop 6
units of affordable housing targeted to populations making 60% of area median or below.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective.
. This proposal anticipates serving approximately 6 families making 60 of the Area Median
Income or less.
. Staff finds that the ACCESS, Inc. proposal is consistent with goal number I of the City of
Ashland's 2010-2014 Consolidated Plan.
Goall: To increase the supply of affordable rental housing for extremely low-, low-
and moderate-income families. Where possible, give funding priority to those
projects that will provide benefits to residents with the lowest incomes.
~~,
. 1.1 Encourage the acquisition, preservation and development of affordable
rental housing (B).
. 1.2 Support the acquisition, preservation and development of affordable
rental housing units through a sustainable program, which retains the units
as affordable in perpetuity such as a land trust (A).
In evaluating the proposal it is evident that the classification of "A" as a priority indicates that this is an
activity that the City plans to use CDBG funds to support.
A- The City of Ash/and plans to use CDBC funds for projects and activities that address these needs
during the time period designated in this strategic plan.
Staff sees thai ACCESS, Inc's proposal is an eligible use of the COBG funds and is consistent with the
City of Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity supports the
development of 6 units of affordable housing deed restricted for a period of 60 years and targeting
families at or below 60% of area median income. Further this project meets and exceeds the] 0%
leverage requirement of the City of Ashland's CDBG program. '
Community Health Center- ADA Accessibility of Ashland Clinic
Staff has reviewed the Community Health Center's Capitol Improvement proposal to determine whether
it meets the Federal CDBG regulations, and if the proposal addresses the priorities within the City of
Ashland 20]0-20]4 Consolidated plan. CHC has requested $]4,900 in grant funds to assist them in the
installation of exterior and interior ADA approved automatic door systems in the Ashland Clinic.
. This project proposal qualifies under the Low-Moderate Income (LM]) benefit national
objective; peoples with disabilities are a presumed benefit population under the CDBG program.
Similarly, 95% of all clients served by the Community Health Center qualify as low to moderate
mcome.
. Barrier removal and/or ADA accessibility are an eligible use ofCDBG Capita] Improvement
funds.
. This proposal anticipates serving approximately 100 mobility impaired individuals.
. Staff finds that the Community Health Center's proposal is consistent with goal number 8 and
8.2 of the City of Ashland's 2010-20] 4 Consolidated Plan.
Goal 8: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, parsons with alcohol or other drug dependencies and persons
with "IV/AID or related illnesses.
. 8.2 Provide assistance to non-profit organizations that provide support
services to extremely low- and low-income special needs populations. (B)
In evaluating the proposal it is evident that the classification of"B" as a priority indicates that this is an
activity that the City may use CDBG funds to support.
"\
B- The City of Ashland may use CDBC for projects that meet these needs.
~~,
Staff sees that the Community Health Center's proposal is an eligible use of the CDBG funds and is
consistent with the City of Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity
assists with barrier removal and increases accessibility to needed services for low-income and special
needs households. Further this project meets the 10% leverage requirement of the City of Ashland's
CDBG program.
Living Opportunities-ACES (Ashland Community Employment Services) Remodel
Staff has reviewed the Living Opportunities ACES Remodel Capitol Improvement proposal to
determine whether it meets the Federal CDBG regulations, and if the proposal addresses the priorities
within the City of Ashland 2010-2014 Consolidated plan. Living Opportunities requested $16,154 in
grant funds to. assist them in the renovations and repairs on their ACES, employment and leisure
activities building that serves peoples with disabilities.
. This project proposal qualifies under the Low-Moderate Income (LMI) benefit national
objective; peoples with disabilities are a presumed benefit population under the CDBG program.
Barrier removal and/or ADA accessibility are an eligible use ofCDBG Capital lmprovement
funds. .
. This proposal anticipates serving approximately 25 individuals with special needs.
. Staff finds that Living Opportunities' proposal is consistent with goal number 8 and 8.2 of the
City of Ashland's 2010-2014 Consolidated Plan.
Goal 8: To support housing and supportive services for people with special needs.
People with special needs include the elderly, the frail elderly, persons with
developmental disabilities, persons with physical disabilities, persons with severe
mental illness, persons with alcohol or other drug dependencies and persons
with HIV / AID or related illnesses.
. 8.2 Provide assistance to non-profit organizations that provide support
services to extremely low- and low-income special needs populations. (B)
In evaluating the proposal it is evident that the classification of "B" as a priority indicates that this is an
activity that the City may use CDBG funds to support.
B- The City of Ashland may use CDBG for projects that meet these needs.
Staff sees that Living Opportunities' proposal is an eligible use of the CDBG funds and is consistent
with the City of Ashland Strategies as outlined in the 5 year Consolidated Plan. This activity supports
Living Opportunities in providing employment and life skills assistance to special needs individuals.
Further this project meets and exceeds the 10% leverage requirement of the City of Ashland's CDBG
program.
STAFF RECOMMENDA nONS
Staff recommends that the ACCESS, Inc proposal be funded in the amount of $163, 1 42 Staff also
recommends that the St. Vincent De Paul-Home Visitation proposal be fully funded in the amount of
$30,000. Staffs recommendation would be to fund these proposals since they both meet a goal as
outlined in the Five year Consolidated plan with a needs classification of "A" The Access, Inc. proposal
offers a needed housing type, low-income rental units, with long term affordability. The St. Vincent De
~~,
Paul-Home Visitation proposal offers a valuable, unduplicated service to the community while utilizing
existing resources and volunteer staffing. In the event that the City's expected allocation is reduced
through the federal budgeting process, staff recommends looking at reducing the ACCESS, Inc. proposal
allocation accordingly, unless to do so would make the project unfeasible. Staffs sees that all of the
applications received offer unique and valuable services to the Ashland community and would
encourage all applicants to look to CDBG funding in the future to support their endeavors to provided
needed services to low-income, at-risk, and special needs populations.
Potential Housing Commission Motion: To recommend funding the ACCESS, Inc. - Hyde Park
acquisition proposal $163,142 to purchase a property on Dollar hide on which to develop 6 units of
affordable housing targeting families and individuals making 60% of the AMI or below for a period of
not less than 60 years, and to fund the St. Vincent De Paul-Home Visitation Program for $30,000 to
provide emergency rent and utility assistance to low-income populations in an effort to avoid
homelessness.
CDBG Proiect Proposal Ratio!!. Criteria
The final step in the process of evaluating the proposals typically is for the Housing Commission to
apply the following compliance criteria to determine which project(s) best meet the City's spending
priorities. Projects are given a rating of High (3 points), Medium (2 points), or Low (1 point), on each
of the criteria listed below. The categories proposed provide a valuable way for individual
Commissioners to gauge the effectiveness of the proposal in meeting City objectives.
A. The Project provides.benefit to a demographic group that has a need documented in the City of
Ashland CDBG Consolidated Plan
B. The project assists low and moderate-income households in substantially improving their living
conditions. The proposed project must have or be part of a comprehensive approach that takes clients
from the beginning to the end of the process that improves their living conditions. "Safety net"
services or services that meet basic needs shall only be funded if it can be demonstrated that clients
receiving those benefits are part of a program that will eventually help them obtain self sufficiency.
Exceptions to this requirement are projects targeted at helping people with special needs.
C. The project is a proven effective strategy to improve conditions or solve an identified problem.
D. If the project is related to affordable housing, the project retains the units as affordable. The longer
the period of time the units remain affordable, the higher ranking the project shall be given
E. If the project is related to economic development for jobs for low and moderate-income people, at
least 51 % of the jobs shall be held by low and moderate income people. The longer period of time
the jobs are held by low and moderate-income persons, the higher the ranking the project shall be
given. The larger percentage of jobs held by low and moderate-income persons the higher the
ranking the project shall be given.
F. The project maximizes partnerships in the community
G. The project has at least 10% of the total project in matching funds. The larger the amount of
matching funds the higher the ranking the project sh~lI be given
H. The project utilizes already existing resources in effective and innovative ways. The project shall
not duplicate service provided by another organization
1. The agency submitting the proposal has the capacity to carry out the project
J. The budget and time line are well thought out and realistic
K. The proposal demonstrates CDBG funds are the most appropriate funding source for the project
L. The project is ready for implementation within a year of a CDBG award notification
~~,
M. The organization proposing the project has the experience and capacity to undertake the proposed
activity.
Letter St. Vincent Children's Community Living ACCESS,
De Paul Advocacy Health Opportunities Inc.
Center Center
A. Hi Medium Medium Medium Hi
B. Hi Hi Hi h Hi h Hi
c. Medium High Hi h Hi Hi
D. N/A N/A N/A N/A Hi
E. N/A N/A N/A High N/A.
F. High Medium Medium Hi h Medium
G. Hi h Hi h Hi h Hi Hi
H. Hi h Hi h Hi h Low Medium
I. Hi h Hi h Hi h High Hi h
J. Hi Hi h Hi h Hi Hi h
K. Hi Medium Medium Medium Hi h
L. Hi h Hi h Hi h Hi h Hi h
M. Hi Hi h Hi h Hi h Hi h
32 Points 30 points 30 points 32 points 34 points
~
~~,
ROGUE VALLEY DISTRICT COUNCIL
SOCIETY OF ST. VINCENT DE PAUL
P.O. BOX 1663 . 2424 N. PACIFIC HWY. . MEDFORD, OREGON 9750]
PHONE: (541) 772-3828 . FAX: (541) 772-6886 . www.stvincentdepaul.info
01;'
'j ili- \' ~J, .JV'--...--
~^ J
Feb. 25, 2011
\tOl t: Z fFi.l
Ms. Linda Reid, Housing Program Specialist
City of Ashland, Depattment of Community Development
20 East Main Street
Ashland, OR 97520
~'h J! '~~
Dear Ms. Reid:
Subject: City of Ashland CDBG Application
Thank you for the opportunity to apply for a renewal ofa Community Development
Block Grant through the City of Ashland. Attached is our application for $30,000 to help
low-income families achieve affordable housing and move toward economic self-
sufficiency. Homelessness is currently a major topic in Ashland and our program has
pl"Oven to be a successful tool in reduciug the problem. Specifically, this grant will
help us defray the costs ohent relieffor people facing eviction notices. It will be used
by our St. Vincent de Paul Ashland Home Visitation Team which serves southern
Jackson County, primarily Ashland and Talent. The long-term goal of this program is
to do all that we can to avoid families from becoming homeless.
We received last year's fimding in mid-November, 2010, and in the three months since
then have already invested nearly $26,000 to help 29 families totaling 84 individuals to
either stay in their homes or move into affordable housing. These funds should be totally
spent by early March. This has been a highly successful program for needy people in
Ashland and enabled us to expand our outreach efforts considerably. CBDG guidelines
allow us to work with a needy client on a continuing basis, paying for up to three months
rent. This gives us an opportunity to help clients get back on their feet and work through
their financial crisis. Since we are an all-volunteer organization with no paid staff, all of
your fimds go directly to help the needy. We have matched your $30,000 with over
$74,000 of our own generated funds, giving Ashland over a two-to-one leverage.
Our Home Visitation Team responds to people in need by sending two-person teams to
their homes, campsites or other locations where we are able to assess the family's needs
and offer help as appropriate. Our overall budget covers rent relief for those h1cing
eviction, help with utility bills for those facing shutoffs and various other emergency
needs. We are also able to refer our clients to the main St. Vinccnt dc Paul offices in
Medford for additional help with food, clothing, home furnishing, dental care, school
supplies, job searches and training as appropriate. We also inform our client families of
other sources ofhclp, such as ACCESS, The Salvation Army, United Way and various
homeless services in Ashland and Medford. And perhaps, most importantly, we offer a
non-judgmental ear to listen to their plight. We are referred to people in need from a
variety of sources -local pastors, City of Ashland, ACCESS, Department of Human
Services, Senior Center, etc.
In today's economy of high unemployment, home foreclosures and meager prospects, the
demand for our services has never been greater. As our application explains in detail, the
Rogue Valley Council ofSt. Vinccnt dcPaul is locally organized, funded and staffed to
help our neighbors in need. Our local council is a501(c)(3) group with no financial
connection or obligation to any other organization, church or institution. We serve
everyone regardless of race, religion or ethnic origin. No effort is made to proselytize.
Most importantly, we have no paid employees. More than 250 part-time volunteers
supply all staffing and services, accounting for almost 90,000 volunteer hours last year.
If I can be of further assistance in answering your questions, please feel free to call me at
(541) 890-2606 or our Foundation Liaison Rich Hansen at (541) 770-6062. His e-mail
address is richhansen391lilcharter.net. Thank you again for the opportunity to work with
the City of Ashland.
Sincerely,
~ I1ttf
Alice Nagel
Past President, Ashland Home Visitation Team
Enclosures
~;.,
CITY OF ASHLAND
2011 Program Year Community Development Block Grant(CDBG) Application
These completed Sheets shall be included as the first pages on all submittals.
I. APPLICANT INFORMATION
Applicant Organization Name:
Rogue Valley District Council of the St. Vincent de Paul Society
Executive Director's Name(s):
Dennis Mlhocko. President
Board Member Names (See Form D)
Applicant Mailing Address:
P.O. Box 1663, Medford. OR 97501
Applicant Street Address:
2424 N. Pacific Highway. Medford. OR 97501
IRS Classification: 501 Ie) (3)
Federal Tax 1011: 93-0831082
Mission Statement
"As a reflection ofthe whole family of God, our Volunteers are drawn from every ethnic and
cultural background, age group and economic level. The Volunteers are united in an
international society of charity by their spirit of poverty and sharing, which is nourished by
prayer and reflection, mutually supportive gathering and adherence to a basic rule.
Organized locally, the Volunteers witness God's love by embracing all works of charity and
justice. The society collaborates with other people of good will in relieving need and addressing
its causes, making no distinction in those served because, in them, they see the face of God."
1
Total Employees:
ZERO
Total Volunteers:
250+
CONTACT PERSON (designate a contact person who is familiar with the project)
Name: Rich Hansen
Title: Foundation Liaison
Phone Number: 541-770-6062
Fax Number: same
E-mail Address:richhansen39(Qlcharte.net
III. PROJECT INFORMATION SUMMARY
Project Name or Title:
Home Visits in Ashland and Talent in Times of Crisis to Prevent Homelessness
Expected Completion Date: Onl!oinl!
Requested CDBG Funds: $ 30,000
Organizational Match: $_64,100
Funds from Other Sources: $_10.400
Total Project Cost: $_104.500
See Appendix D.
2
Home Visits in Ashland and Talent
In Times of Crisis to Prevent Homelessness
Prolect Summarv
The Rogue Valley District Council of the St. Vincent de Paul Society has sponsored an
AshlandfTalent Home Visitation team for nearly 30 years. They call on families in need at times
of financial crisis to address their immediate problems. In many cases, the primary objective is
to avoid homelessness by helping with eviction notices. We also help with utility shut off
notices, prescription drug costs, food, clothing and transportation as needed. Ashland CDBG
funds will be used to provide rental assistance and ongoing client support toward self-
sufficie ncy.
Need:
The St. Vincent program focuses on families at risk of becoming homeless. Few things can be so
disruptive to a family's chance for economic advancement and to a child's educational progress
than to be evicted from their home. Yet in today's protracted economic downturn, that is
exactly what's happening with depressing regularity. Homelessness is a looming possibility for
families that lose an income and face eviction or lose their home due to foreclosure.
The 2010 Homeless SUlvey conducted by the Jackson County Homeless Task Force showed that
of 1,034 homeless people in the county, 634 were in families. In Ashland the homeless
population is comprised of a mixture of males and females ranging in age from teens to elders,
some of whom experience a range of mental, cognitive and physical dlsabilities'- Ashland School
District reported about 75 homeless youth ranging in age from elementary through high school.
Those youngsters may not be sleeping on the street, but their families may be doubled up or
living in shelters. While the Jackson County Homeless Survey does not break figures out by city,
Ashland certainly has a homeless population that represents a cross-section ofthe over- all
total. See full results of 2010 Homeless Survey in Appendix A.
The City of Ashland's consolidated plan, as well as the Jackson County Plan to End
Homelessness in Ten Years (http://www.co.jackson.or.us/files/lO-
Year Plan to End Homelessness.pdf) both point to the need to increase the availability of
affordable housing as the first and primary step to prevent homelessness. Many agencies that
build housing are working toward that goal. In the meantime we must count on the service
component of the overall system to care for people who are already on the street or in shelters
3
,
or are at risk of losing their housing, with the goal of re-housing or maintaining people in their
own homes as much as possible.
ACCESS also provides rent and utility assistance to residents of the Rogue Valley. They receive
state/federal funds periodically and distribute them immediately, leaving unlucky people who
were not in line at the right time without help. The ACCESS program provides some follow-up
case management assistance for the recipients of its funding. The St. Vincent home visitation
program is'much more personal and frequently includes continued counseling and coaching to
get the family back on its feet, in addition to providing the necessary payments. There is a real
need for the individualized assistance that St. Vincent volunteers are able to provide in our
limited geographic area.
ProDosed Prol!ram:
One of the key aims of the St. Vincent de Paul Home Visitation program is to respond to calls
for assistance from families facing rental eviction notices. Our team of eleven volunteers
respond by going to clients' homes, campsites or other locations and listening to their stories of
financial crisis, observing their living conditions, counseling them on how we and other groups
can help them, encouraging them on ways to find permanent jobs and helping them transition
from welfare to work.
The St. Vincent de Paul team, which has been operating here since 1982, covers the southern
parts of Jackson County. About 60% of the clients live in Ashland. We have eleven volunteers
and no paid employees. During our 2010 Fiscal Year which ended Sept. 30, 2010, we responded
to nearly 800 calls and spent over $68,000 to help about 600 families. In 2010, we have
budgeted $104,SOO (including the $30,000 CBOG grant we received in Nov. 2010) and hope to
respond to 1,000 calls. See Appendix O. The families we call on are referred to us byare.a
churches and other agencies. Virtually all of the families we call on are at or below the federal
poverty level. We have no, formal offices in Ashland as our volunteers work out of their homes
and make all of their "calls" to the homes, or a mutually convenient location, of those we are
attempting to help. We have no overhead or administrative costs.
The City of Ashland 2010 CBOG grant of $30,000 has been a highly successful addition to our
program and has expanded our ability to help people from becoming homeless. In the first
three months (through Feb. 15, 2011) we have spent $25,913 or 86% of the grant. We will be
out of CBOG funds by early March. To date, we have assisted 29 households or 84 people. All
have been below the poverty level. In one case, we were able to help a homeless family move
into a rental unit. The other 28 had been served with eviction papers and some had already
packed and were ready to move on. Under our normal St. Vincent guidelines, we will help a
4
family with one month's rent every 12 months. The CBDG funds allow us to assist a family with
a deposit or rent for three months. In this bleak economy, this extended period of assistance is
more realistic for a family with financial difficulties to re-establish themselves.
We do not offer clients direct cash help, but intervene with landlords, utilities, pharmacies, etc.,
to negotiate payments. When appropriate, we will also refer clients to other agencies who
might help them, including ACCESS, The Salvation Army and United Way. Sometimes, simply
having a sympathetic and non-judgmental ear to hear their difficulties is enough to help
motivate the less fortunate to seek help. By meeting a client in their home we are better able
to create a bond of trust. Also, we can better assess their personal situation, specific needs and
abilities to pay.
Home Visitation teams are able to remain in contact with a client over an extended period of
time. We are sometimes able to work with a client long enough to witness them solve their
temporary financial difficulties. However, with the bleak job situation in Southern Oregon, we
are too often seeing marginal long term improvement in our clients' lives. We do our best to
offer them temporary relief. Our goal is to offer a lifeline that will enable them to have the
hope and confidence to move forward with their Jives. In some cases we will check back with
them from time to time to check on their progress.
Community Partners in combatlnl!: homelessness In Ashland
The St. Vincent de Paul Home Visitation program operates as one community partner is a larger
loose coalition of churches and the Community Health Center that serve the homeless or those
at risk of becoming homeless in Ashland. Other players included:
. Presbyterian Church, which opens its community hall Sunday nights for a weekly no-frills
shelter. The shelter opens 8:00 PM and closes 8:00 AM. It will run weekly through
February and additionally only if there is extremely cold weather. The shelter serves
"regulars" plus people passing through. The church also provides a community dinner
the last Wednesday of each month.
. A group called, Sons of Glory/Men of Thunder, from the Alliance Bible Chapel and the
First Baptist Church host a potluck in the park for homeless people on Sunday
afternoons.
. An additional community dinner, called Komac's Meal, is offered on Thursdays at the
Lithia Park Gazebo.
. The Ashland Congregational Church (UCC) provides a breakfast and an opportunity for
showers on Monday mornings..
5
. First Methodist Church and Peace House, work together to sponsor Uncle Food's
Diner-a community meal on Tuesday afternoons.
. There is a rotational no-frills Cold Weather Shelter which comes into operation when
the weather drops below 200 F. This non-denominational warm place out of the cold
rotates between the Presbyterian Church, UCC and the Unitarian Church. Homeless
people are allowed to sleep on the floor of the church activity centers or sanctuaries,
receiving only minimal food or other services while there. All these programs are
supported by the congregations of the various churches through donations of food,
clothing, sleeping bags and volunteer hours.
. Ashland Emergency Food Bank is open weekdays from 9:30 am to 12:30 pm. It is part of
the ACCESS Food Bank network, but is stocked to a large degree-by.food gathered
through the Ashland Food Project.
. Community Health Center provides seNices on a sliding fee scale. In addition, with a
grant from the Walker Foundation, CHC works with St. Vincent's to provide prescription
medication assistance for low Income individuals.
. Community Works has a .5 FTE street advocate who works specifically with homeless
teens in Ashland. They sponsor a Wednesday drop-in center for food and basic needs at
Pioneer Hall. The basic services the program provides include referral to resources for
youth who seek safer living alternatives, work with drop outs to get back in school, and
payments for assistance in getting identification documents.
These are some of the basic services offered to the needy in Ashland. However, these services
have their limits. Needy and homeless people often experience needs that cannot be met
through these in-kind donations. That's why a flexible program like St. Vincent's is so valuable.
By visiting a family in its home (or sometimes under a bridge or where ever is appropriate) we
can more fully understand their needs. In addition to helping with emergency eviction notices
or utility cut offs, we can help cover the costs of prescription drugs, groceries, IDs and
transportation issues including helping buy gasoline, providing bus tickets and sometimes even
helping with car repairs.
Backl!round on the ADDlrcant
The Rogue Valley District Council of the St. Vincent de Paul Society was established in 1982 to
serve the poor and needy in Jackson County. We have no paid employees. More than 250
part-time volunteers provide all staffing and seN(ees, accounting for 90,000 volunteer hours in
2010. We estimate this saved us at least $500,000 in salaries and benefits. Although the
Society's name is recognized around the world, each council is locally organized, funded and
staffed for the purpose of helping our neighbors in need. Our local council has no financial
6
connection or obligation to any other organization, church or institution. We serve everyone
regardless of race, religion, sexual preference or ethnic origin. No effort is made to proselytize.
Our facility in Medford consists of several buildings on nearly three acres of land located at
2424 N. Pacific Highway in Medford. Our Thrift Store moved into a new 16,000 sq. ft. building
in 2006. Our main building was renovated in 2007 and contains our Dining Room/Kitchen, Food
Pantry, Social Services and Administrative Offices, as well as our Emergency Shelter that
provides 48 beds for emergency family housing.
Major funding comes from cash sales in our Thrift Store, special church collections, direct mall
appeals, fund raising dinners and auctions, direct cash donations, foundation grants and non-
cash donations of food, clothing, household items, automobiles and livestock. Overall, our
annual Council budget is about $1.9 million_ The Council is made up of nine operating divisions:
Social Services, Thrift Store, Dining Room, Food Pantry, Emergency Shelter, School Supplies,
Ashland-Talent Home Visitation, Medford-Central Point Home Visitation and Administration.
St. Vincent's was originally founded by a group of Catholic laymen and is often thought of as a
Catholic organization. However, nearly a third of our volunteers come from other faiths and we
receive support from several local denominations.
Financial Information
St. Vincent de Paul is requesting a renewal of the City of Ashland's $30,000 in CDSG funds for its
highly successful homeless prevention, "Home Visitation Program." Your funds will be used to
provide direct payments to landlords for deposits and rental assistance for a period of up to
three months.
St. Vincent's will match Ashland's funds with $74,500 which will come primarily from St.
Vincent de Paul general funds, Our lady of the Mountain special collections, Avista and US
Bancorp. See Appendix D. The St. Vincent program is extremely cost effective, with virtually all
funds going directly to client services since all staff time is donated by dedicated and skilled
volunteers.
Assumotlons used to determine total oroiect cost and ooeratinl! budl!et
The need for rent and utility assistance is increasing every year with the decline in the economy. As long
as Southern Oregon is a high-cost-of-housing/low-wage area this will remain true. Since need is greater
than funding, and since virtually all program funds go for direct client services, total cost for the program
7
is based on the amount of funding we are able to supply. Last year we provided $68,400 in assistance,
but were limited in some of these services by budget restrictions. This year we are grateful for the
opportunity to apply to the City of Ashland for assistance because our Home Visitation budget is capped
due to the uncertainty ofthrift store donations/sales and local cash donations. We plan to increase the
program to $104,500 in 2011 with the City of Ashland contribution of $30,000, a $5,400 grant we have
received from Avista and a$6,000 grant we have applied for throogh US 8ancorp Foundation. If the
economy improves and the overall St. Vincent's budget improves, we will increase our match
commitment to be able to serve even more families in the South Valley.
Eligibility for Ashland CDBG Funding:
The St. Vincent Home Visits program meets Ashland Consolidoted Plan spending priorities: Goal
4, Strategies 4.1, 4.1.2, and 4.1.3
Goal 4: Support services for home/essness prevention and transition. Where.posslble, give funding priority to services
tllat are part of a comprehensive approach that Improves the living condItIons of clients. Saf9ty net services or seN/ces
that meet basIc needs shall only be funded wIth CDBG dollars If It CBn be demonstrated that clients receivIng thOse
benefits are part of a program that will eventually help them obtain se".sufflcle~Jcy.
4.1 Provide assistance to non.profit organizations that assisl the homeless and those at risk of homelessness, provide
transition asslstance to the homeless, and help prevent homelessness (A).
1.2 Strenglhen the capacity of the Jackson County Continuum of Care to plan activities reducing homelessness in the
community. (B)
1.3 Support actlviUes that expand servlce.enriched housing for the homeless and other speelal needs populations,
Including increased shelter, transilional and pennanent supportive housing resources (B).
And, peripherally, the project addresses
6.1 Provide assistance to non-profd organizations that provide support servjces for extremely low- and low-Income
special needs populations (B).
And the Jackson County Plan To End Homelessness in Ten Years of the Jackson County Continuum of
Care and Homeless Task Force strategies 2, 3 and 4.
'112 Increase agency coordination and service integration at all levels.
#3 Provide case management to help people maintain stable rental housing.
#4 Provide financial assistance and life skill tralnlng to help people move Into stable housing.
The St. Vincent program provides counseling and case management designed to prevent
homelessness, for individuals and families at risk of losing their housing. St. Vincent is able to
work with other local churches and service agencies to provide critical, otherwise unfundable
services to the homeless in order to addresses the immediate needs of people who have
already lost their housing and may be looking for support to regain it.
The St. Vincent program meets the following additional criteria: The project is a proven
effective strategy to improve conditions or solve an identified problem; the project builds on
partnerships in the community (volunteers, in-kind contributions, cash contributions, multiple
organizations involved, etc.); we provide nearly 75% of the total project cost In matching
funds; the project utilizes already existing resources in effective and innovative ways. The
project does not duplicate services provided by other organizations; St. Vincent de Paul has the
proven capacity to carry out the project; the budget and time line are well thought out and
8
realistic, and the project is ready for implementation.
Eliaibilitv for Federal FundinQ:
a. The project is to provide client services exclusively.
b_ Is the project within Ashland City limits? Approximately 60% of program recipients live
in Ashland.
c. Proposed tenant/client income level: Virtually all (98%) program recipients are at or
below poverty level.
d. No financial or legal commitments have been made to the projects beyond our match
commitment.
(omolles with National (OBG Oblectives:.
The project meets one of the National COBG Anti-poverty Objectives
a. Primarily benefit low and moderate income persons (at least 51% of beneficiaries must
be low/moderate income persons/households).
Neither the project nor the agency, itself, falls within the list of "ineligible activities" as stated in
the City of Asf:!land's request for proposals.
A~encv's mission and service history:
St. Vincent de Paul mission: As a reflection of the whole family of God, our Volunteers are
drawn from every ethnic and cultural background, age group and economic level. The
Volunteers are united in an intemationioll society of charity by their spirit of poverty and
sharing, which is nourished by prayer and reflection, mutually supportive gathering and
adherence to a basic rule.
Organized locally, the Volunteers witness God's love by embracing all works of charity
and justice. The society collaborates with other people of good will in relieving need
and addressing its causes, making no distinction in those served because, in them, they
see the face of God.
Will the ora led oromote self sufficiencv for low income families or oeoole with soeclal
needs?
Yes. Our objective is to offer a "hand up," not just a "hand out." Because of the personal
nature of the Home Visitation program we are able to stay in touch with a client family for a
9
long enough period of time to help them get re-established. We attempt to work with them
'until they gain some degree of self sufficiency.
Virtually all people who are long-term homeless have a disability of one sort or another. Many
add to the inability to live self-sufficient lives with substance abuse. Our overall budget is
flexible and we can assist the homeless with many of their specific needs. Although there will
are no strings attached to our financial support, the opportunity for exchange created at the
time the funds are given will put St. Vincent de Paul case managers in face-to-face contact with
homeless individuals and provide a chance for a quick assessment and referral to additional
resources. Those referrals could ultimately lead to increased self-sufficiency ifthe person
choses to take advantage.of them.
Identify how vour orolect benefits extremely low. low. and moderate-Income Individuals:
We respond to referrals, usually from area churches and non-profits. In 2010, we worked with
800 families and spent about $68,000 to assist them. This year we hope to respond to 1,000
referrals and have budgeted about $104,500 for rent, utilities, prescription drugs, food and
other needs. Aspreviously noted, virtually all of our client families are at or below the poverty
level.
Describe how YOUr orOl!ram will ensure that moderate Income Individuals will not benefit
from the orol!ram to the exclusion of extremely low or low income individuals.
One ofthe first screens we perform concerns income levels and the client family's ability to
pay.
Attachments
Appendix A: 2010 Jackson County Homeless Survey Results
Appendix B: letters of support (.final ~tt~EhmllRtI
Appendix C: 501(c)(3) letter
Appendix 0: Detailed Project Budget
CDBG Application Checklist
Form A-2 Social Service Proposals
Form B-2 Uses of Funding
Form C Sources of Funding
Form D Disclosure of Interests
10
CITY OF ASHLAND
2011 ProQram Year
COBG APPLICATION CHECKLIST
A. Applicant's Background Yes No N/A
1. Is the applicant a legal non-profit organization or unit of X
government?
2. .00 the proposed clients or users of the project meet HUD X
Income Guidelines (see page 10 for guidelines)?
3. Does applicant have the capability to maintain written X
income documentation?
4. Has the applicant made a legal or financial commitment to X
a proposed project?
5. Is the applicant primarily a religious organization? X
6. Has the applicant administered a CDBG project X
previously?
7. Is your agency willing and able to provide all required X
reports and accountability to the City as required by HUD?
B. Project Location and Land Use Issues Yes No N/A
1. Has a location for the project been selected? X
2. Is the proposed project within the Ashland City limits? X
3. Does the proposed project meet local zoning and land use X
laws?
4. Are any land use permits such as a Site Review, partition, X
annexation or Conditional Use Permit required?
5. Have these approvals been obtained? X
6. Does the project comply with current building code. X
requirements?
7. Does the project meet handicapped accessibility X
11
requirements?
C. Enllironmentallssues Yes No N/A
1. Is the project located in the 100-year floodplain? X
2. Is a wetland located on the project site? X
3. Has any environmental contamination been identified on X
the project site?
4. Has asbestos been identified on the project site? X
5. If project involves an exiting structure, was it built 1978 or X
earlier? If year built is known, please specify.
6. Is the proposed project located on a major arterial or near X
the railroad?
7. Is the proposed project located adjacent to an above X
ground flammable storage tank?
8. Does the proposed project involve a structure that is 50 X
years or older?
9. Will the applicant complete a Phase I environmental X
review upon receiving a CDBG award?
D. Labor Requirements Yes No N/A
1. Does the project involve construction over $2,000 in cost? X
2. Will the project trigger Davis-Bacon wage requirements? X
3. Will the project trigger BOll wage requirements? X
4. Does the project involve over $15,000 in City awarded X
grants or contracts?
E. Displacement and Relocation Yes No N/A
1. Will tenants be displaced by the project? X
2. Will a business be displaced by the project? X
3. Will housing units be demolished or converted? X
F. Property Data Yes No N/A
1. Does the applicant own the property by fee simple title? X
2. Are taxes on the property current? X
3. Is insurance current? X
4. What is the current debt against the property? X
12
5. What is the current use of the property? X ,
6. Has an appraisal on the property been conducted? X
If yes, what is the assessed value ofthe property?
13
Form A-2
To be completed for Social Service Proposals
St. Vincent de Paul Proposal
.'. :\
.,.,........
.-......,.,....--...; -
-'-"":'" ,'-
c:(lrr1ple,i(l~p~tei> .' ..
'..," .._'.'. """'" ."i,'_.
:.-.:.-.....
Home Visits in Ashland and
Talent
Ongoing (Volunteers
already in place)
social services provides should list key benchmarks in the table above for their proposed
projects (IE hire of personnel, application forfurtherfundlng, initiatIon of direct client
servlces,etc)
Form 8-2 To be completed for Social Service Proposals
Social Service Proposals: St. Vincent de Paul Home Visitation Program
Total Cost
COBG Request
$3(),OOO
, ., .' ~ - -.
Other Source(s)
74500 .
OirectCIient Serl/ices' ..... '.' .', J~()4;5,~~
.;-':',...,....
,(. "
Wages (of personal
providing direct client
selVices)
Materials/Supplies
Marketing/Outreach
None
None
All donated
None
None'
None
None
14
.
Program Administration None CDBG Funds are
Includes overhead and not available for
general staffing necessary program
to administer the program administration
(accounting, management,
grant administration) but
that does not provide
direct benefits to the
client.
Total Project Cost 104,500 $30,000 $74,500
Form C
SOURCEIS) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity ofthe organization to sustain the
operations ofthe program(s).
. ~.:
.' - .
." Secured' . ,c~;'cliti(;;'aF'"
" .... .,",(~~~r~~~Qitl1i: ...
'. ..conditions) ..
...... :'."
: ",' .:.i "". .:.'.;.':.....'
.. ,." ,'."
CO/J1mitrrii!nt .....
. .
. Date.>'" .
. ',',
T~rit~tIVe,
Sources
......'
Federal Grants
State Grants
local Grants (Ashland
CDBG)
Non Governmental
Grants"
Donations/Gifts
Applicant Contribution
30,000
6,400
4,000
64,100
When program
starts
Program Income
loa ns
Other (specify)
Other (specify)
TOTAL
70.500
34,000
15
Please provide a description the timeline of loan and grant application dates as related
to the proposed project. Specifically, for any tentative funding sources please provide
application dates, award dates and funding availability dates.
We have applied to the US Bancorp Foundation for a grant. We expect to hear from this
summer.
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential conflict of
interest related to the expenditure of Community Development Block Grant funds we request
the following information be provided by applicants:
ORGANIZATION NAME: Rogue Valley Chapter, St. Vincent de Paul Societv
Organization is: 1. Corporation ( )
2. Non-Profit 501C3 (Xl
3. Partnership ( )
4. Sole Owner ( )
5. Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please attach a separate sheet.
1. State the names of each "employee" ofthe City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed.
Name, Job Title and City Department
None
2. State the n~me(s) of any current or prior elected or appointed "official", of t~e City of
Ashland having a potential "financial interest" in the organization or project.
Name/Title
None
3. Provide the names of each "board member" of the Organization seeking CDBG funding
Name Board, Commission, or Committee (may be attached as a separate Sheet)
l_Len Hebert
2_Patrick Wilson
3_AI Zon
16
4_Dave Moosman
5_Mario laProva
6_Jlm Van Orsow
7 _Nancy Hunt
B_Dennis Mihocko
9_Geraldine Cutting
lO_Socorro Holloway
ll_John Hoffman
l2_Rose Barnum
13_Bob Christian
l4Jrene Vaughn
l5_Charlie Burgess
l6_Chris Forsythe
17
@
~~
Helping People Hell' Tlrelllseb'es
Homeless Survey 2010 (January 28)
Total Surveys cOllloleted: 628. ReoresentlnJ!: 1034 oeoole
Jackson County, Oregon
1) Have you been continuously homeless for a year or more, or had at least four episodes
of homelessness in the past three years?
Yes mo 484 (49%)
No _m 501 (51%)
2)
Please select your Household Type:
Unaccompanied Pregnant Youth (17 or under) ---- 0
Unaccompanied Youth(17 or under) ---- 21
Single Adult(18 or older) ---- 379
Couple without children _m 61
One Parent Family with Children _m 273
Two Parent Fam,ily with Children _m 300
Gender:
Male ---- 596
Female ---- 438
(0%)
(20io)
(36%)
(5%)
(26%)
(29%)
3)
(57%)
(43%)
4)
Age:
0-17 ---- 298
18-23 ---- 117
24-44 _m 267
45-54 m_ 114
55-69 ---- 67
70+ _m 14
,
(28%)
(11%)
(25%)
(11%)
(6%)
(1%)
5)
Race/Ethnicity:
Asian ---- 2
Black or African American m_ 32
Hispanic or Latino ---- 83
American Indian or Alaskan Native m_ 35
native Hawaiian or Pacific Islander _m 8
While ---- 786
Unknown _m 88
(0%)
(3%)
(8%)
(3%)
(0%)
(76%)
(8%)
6)
Length of Homelessness:
0-6 Months m_ 631
6-12 Months om 129
12-24 Months no_ 168
24-48 Months ---- 46
2+ Years ---- 60
(61%)
(12%)
(16%)
(4%)
(5%)
1
eJa{ONSC 3rd Data Run Feb. 23, 2010.do'.
7)
Veteran:
Yes ---- 141
No __h 824
(15%)
(85%)
8) Farm Worker:
Yes ---- 22 (2.2%)
No ---- 964 (97.8%)
9) Domestic Violence:
Yes ---- 80 (8%)
No _m 905 (92%)
10) Corrections Release (in last 90 days):
Yes ---- 37 (4%)
No ---- 948 (96%)
11) Physical Disability:
Yes _m 88 (8.9%)
No nn 897 (91.1%)
12) Developmental Disability:
Yes _m 24 (2.4%)
No nn 960 (97.6%)
13) Mental or Emotional Disorder:
Yes n__ 150 (15.2%)
No nn 834 (84.8%)
14) Substance Abuse:
Yes ---- 201 (20.4%)
No ---- 783 (79.6%)
15) Dual DIagnosis (MH and Sub. Abuse):
Yes ---- 85 (8.6%)
No ---- 898 (91.4%)
@
16) Children's Grade level in School (check Ihe box nexl to the grade range that applies to each child):
K-5 nn 118 (12%)
6-8 ---- 58 (6%)
9-12----108 (11%)
N/A ---- 691 (71%)
17) Is your child attending school?
Yes _h_ 269 (27.2%)
No m_ 53 (5.3%)
N/A _m 665 (67.5%)
2
eja{ONSC 3rd Data Run Feb. 23, 2010.doc}
-,
18) Where will you stay tonight?
Staying with Friends/Family m_ 239
Other ---- 80
Camping m_ 63
Street ---- 53
Car _m 37
Squalling (Abandoned buildings) ---- 35
Motel/Hotel ---- 25
Hospital h__ 5
(v
(44.5%)
(14.9%)
(11.7%)
(9.9%)
(6.9%)
(6.5%)
(4.7%)
(.9%)
19) What caused you andfor your family to leave your last living arrangement?
(check all that apply)
Couldn't Afford Rent ---- 294
Unemployed ---- 283
Drug/Alcohol (self) m_ 201
By Choice m_ 151
Drug/Alcohol at home _m 141
Kicked out by family/friends _m 136
Mental or Emotional Disorder -- 111
Domestic Violence _m 106
Evicted by landlord ---- 95
Criminal History _n_ 83
Poor Rental History m_ 76
Other __n 69
Medical problem ---- 61
Credit ---- 47
Property Sold ---- 38
Runaway ---- 29
Pregnancy _m 27
Child Abuse ---- 25
Gambling ---- 9
(14.8%)
(14.3%)
(10.1%)
(7,6%)
(7.1%)
(6.9%)
(5.6%)
(5.3%)
(4.8%)
(4.2%)
(3.8%)
(3.5%)
(3%)
(2.4%)
(1.9%)
(1.5%)
(1.4%)
(1.3%)
(.5%)
3
eja(ONSC 3rd Data Run Feb. 23, 20ID.doc)
@
Jacl{Son County, Oregon
One Night ShelterlHomeless Count
Homeless Survev Data
2005 2006 2007 2008 2009
TOTAL SURVEY RESPONDENTS: 660 685 624 466 899
Have you been continnously bomeless
for a year or more, or had at least four episodes
of homelessness in the past tbree yeal's? Yes 58.4% 34.5% 6]% 48% 66%
No 41.6% 65.5% 39% 52% 34%
Household Type:
Single Adult (18 or older) 47.3% 47.4% 81% 58% 82.3%
One parent family with children 16% 46.5% 11% 12% 9.7%
Couple without children 11.4 3.9% 4.5% 3% 3.6%
Two parent family with children ]0.6% 2.2% 6% 13% 2.9%
Unaccompanied Youth (17 or under) 10.2% 0 3.3% 9% 1.3%
Unaccompanied Pregnant Youth 4.5% 0 .2% 5% .2%
Number ofIndividuals in Household:
I person N/A N/A 81% 70% 85.2%
2 people N/A N/A 7.9% 10% 9.6%
3 people N/A N/A 5% 9% 3.7%
4 people N/A N/A 3.7% 8% 1%
5 people N/A N/A 1.6% 2% .5%
6 people or more N/A N/A .8% 1% .1%
Gender:
Male 46.3% 65.5% 63.3% 56% 74.5%
Female 53.7% 34.5% 36.7% 44% 25.5%
Age:
0-17 (2005 & 061 0 - 19) 44.2% 17.5% 12% 27% 1.3%
18 - 23 (2005 & 06/20 - 39) 23.4% 26.3% 6.3% ]7% 6.8%
24 - 44 (2005 & 06/40 - 49) 17.1% 17.3% 37.1% 35% 34%
45 - 54 (2005 & 06 1 50 - 59) 10.2% 10.6% 30% 16% 34.4%
55 - 69 (2005 & 06 1 60 - 69) 3.5% 4.3% 13.8% 5% .21%
70 or aide.. 1.6% .5 .8% 1% 2.5%
RacelEthnicity:
White 79.5% 85.9% 79% 78% 82.5%
Black or Afi'ican American .9% 5.1% 2.7% 2% 8.3%
American Indian or Alaskan Native 3.9% 5.2% 7.1% 6% 4%
Hispanic or Latino 14.8% 7.1% 8.5% 9% 3.4%
Native Hawaiian or Pacific Islander .9% .8% 1.5% 1% 1.3%
Asian 0 .6% 1.2% 1% .5%
eja(1 2005.2009 IX ONSC Tolal}
~
~ 2006 2007 2008 2009
Veteran: 11.7% 25.3% 36.2% 13% 49.4%
Farm Worker: 6.]% 2.6% 7.2% 2% 2.7%
Domestic Violence: 15.2% 11.5% 9.9% 10% 6%
Corrections Release: 6.9% 8% 5.3% 7% 5%
Physical Disability: 12.7% 16.3% 25.2% 11% 28.5%
Developmental Disability: 7.3% 3.7% 6.4% 1% 7.9%
Mental or Emotional Disorder: 16.9% 21.3% 23.1% 23% 37.8%
Snbstance Abuse: 17.7% 31.4% 29.2% 23% 45.4%
Dual Diagnosis (MH alld Sub, Abuse): 5.6% 11.8% 9.9% 10% 27.6%
Where will you stay touight?
Staying with FriendslFamily 35.4% 21.2% 18.1% 26% 17.2%
Street 25.9% 20.8% 14.8% 16% 29.7%
Car 16.5% 12.6% 9.5% 6% 11%
Camping 14.5% 22.1% 12.5% 10% 9.7%
MotellHolel 3.7% 4.9% 2% 7% 7.4%
Squatting (Abandoned buildiugs) N/A N/A 2% 4% 3.2%
Hospital 1.3% .8% .1% 1% 1.5%
Other 2.7% 17.5% 23% 30% 20.3%
What caused you to lellve )'ourlllst living
arrangement? (eheel< all that apply):
Unemployed 13.9% 11.6% 26% 11% 32%
Couldn't Afford Rent 14.4% 11.3% 31% 14% 27.6%
Mental or Emotional Disorder 4.6% 6.7% 13% 7% 23.6%
Drug/Alcohol (self) 8.7% 16.3% 22% 11% 21.5%
By Choice 7.3% 10.3% 6% 5% 16.9%
Drug/ Alcohol at home 6.5% 6% 8% 7% 16.1%
Criminal History 3% 4.6% 7% 4% 13.2%
Kicked out by family/fi'iends 6.5% 5.8% 16% 5% 12.8%
Evicted by landlord 7.2% 6% 10% 5% 11%
Medical problem 5.5% 4.7% 10% 3% 10.2%
Olher N/A 3.8% 12% 10% 8.6%
Credit 2.9% 2.9% 7% 1% 7.9%
Domestic Violetice 6.4% 4% 10% 7% 7.8%
Poor Rental History. 3.2% 2.2% 6% 3% 7.4%
Gambling 1.2% 1.1% .4% .3% 2.7%
Property Sold 1.2% .9% 2% .5% 2.5%
Child Abuse 3.2% .5% .4% 3% 2.4%
Runaway 1.7% .5% .5% 2% 1.5%
Pregnancy 1.2% .6% 1% 1% .8%
Manufactured Park Closed N/A N/A .2% .2% .7%
2
,ja{ t 2005.2009 JX ONSC Total)
First Congregational
United Church of Christ
Ashland .e;.
)
@
717 Siskiyou Blvd.
Ashland, OR 97520
541.482-1981
ucc@opendoor.biz
Rev. Pamela Shepherd, Minister
February 21, 2011
Dear Ashland City Council,
I am writing a letter of support for the St. Vincent dePaul's CDBG application for funding for
selvices for the homeless and for homelessness prevention. They have a history of helping
arrange rent and utility support for low-income people in Ashland. Their all-volunteer
efforts in their Home Visit program are direct and effective in helping those in need to
reestablish self-sufficiency. They provide skilled advice and support to those they serve.
As pastor of the United Church of Christ, I am also excited to see a coordinated approach
that will add services for our neediest population. The creation of a "Special Needs Fund"
that is flexible for referrals may help create the foundation for larger community projects in
the future and the local St. Vincent's is an ideal site for such funding.
Sincerely,
~ 5Lr1-
Rev. Pam Shepherd
Pastor, United Church of Christ
717 Siskiyou Blvd.
Ashland, OR 97520
@
Our Lady of the Mountain Catholic Church
987 Hillview Dllve
AsWand, OR 97520-3521
Tel: (541) 482-114,6 Fax: (541) 4,88-5174 Emai]: olmop@mind.net
Febmary 21,2011
Ms. Linda Reed
Housing Program Specialist
City of Ashland
Department of Community Development
20 E Main Street
Ashland, Or. 97520
Dear Ms. Reed:
This letter is to acknowledge that Our Lady of the Mountain Catholic Church continues it's support oflhe
St. Vincent de Paul Ashland/ralent Home Visitation program in its outreach to the poor and needy in our
area. We.would strongly encourage the City of Ashland to continue lending them fmancial support in
whatever way possible. If you need further endorsement from me or any additional information, please do
not hesilate to contact our parish office at (541) 482-] 146 ext. O.
Respectfully,
~.~U
Rev. Sean Weeks, Pastor
@
February 23, 2011
To the Ashland City Council,
I would like to recommend funding for the St. Vincent de Paul application for a
CDBG grant this year. Their dedication to those in need here in Ashland is unsurpassed.
Without administration salaries to dilute the effect of the funding, these local volunleers
can disperse these dollars to great effect. These folks not only act from deeply held
conviction, but with considemble training and experience. Their guidance and warmth
can help stabilize the dangerous upheavals being experienced by many in our community.
Their assistance in interfacing with those in crisis is a tremendous free selVice to our
town and the funding you help direct to them could not be more effectively used.
As a coordinator of the local Emergency and Sunday Winter Shelter, I look forward to
working more closely in the coming year with Ashland's St. Vincent de Paul to become
more infonned myself and to channel homeless folks in crisis into their kind outreach.
We are planning some streamlining of interrace to make the Sf. Vincent selVices more
accessible to the homeless in Ashland. We have been given direct contact infonnation
and are arranging new meeting sites that may help those without address make necessary
interface with Sf. Vincent volunteers.
I believe that a grant to St. Vincenl de Paul would be well used to continue and refine
their vital support of those in need in AsWand.
Thanks for your thoughtful consideration,
tK. f!rtu 1M
Ruth Coulthard
566 Faith Ave.
Ashland, OR 97520
54] 482-4843
:
HIlt::IlIi:l1 HeVenUe t)Brvrce
District Director
@
Department of the Treasury
POBox 2350 Room 5137
Los Angeles, CA 90053
SOCIETY OF ST
ROGUE VALLEY
PO BOX 1663
MEDFORD, OR
VINCENT DE PAUL
COUNCIL
Employer Identlficetion Number:
1'1.'"
93-9~l:1187 9;3-083 foB2-
Cue Nu~er.
956308023
Contact Peraon.
KORELL. ANTOINETTE
Contact Telephone.Nu~ber'
(213) 894-4405
Date: DEC. IS, 1986
97501
Our Letter Datedl
Aug. 29. 1984
Caveat App lies.
no
Dear Appl icant:
This aodifies our letter of the above date in.Hhlch He stated,that you
Hould be treated as an organization Hhich la not a prlve~e<foundatlon un~11
the expiration of your advance ruling period. . ,'" '-""'. ':';' "'~;.' .
Based on the infon.ation you sub.ittad. He.~~veAeter"jr:!ed"t~at:yoo'ai-.e
not a private foundation Hithln the aeanlng of sec;tJoi{.~~~~a):\j;'Hfjif'Uit.r:-nel
Revenue Code. because you ere an organization of' ~h~'tY~~~~~6~fl~ea~'rl~~~~~~~n
509(al<l) . and 170(~) (tI<A) (vi). . Your exellpt status uniler.-~~~p'io~ ,59J j~~ 13~"'of
the code "' stoll In effect. . .. _" ~._ ..~...:.,~.~_c_,,_,-_,
Grantors and contributors .ay rely on this deterlli'nation u!ltl'(.'thti. .
Internal Revenue Service publ ishes. 8' notice to .tlill contr8ry.e'''HoHiii1lii,,8 .
grantor or a contributor aay not rely on this ~et~r.Jna~ion 15 h&~~t. she Has
in part responsible for, or Has aHare of, the i'-c't'orhfe'i'lur.,,"to '8ct.',that:.
resulted in your loss of 8ection 509(8)(1) statu~. or.ai:quir.)(.~no~1~dga
that the Interna I Revenue Serv ice had given not'ic," that -vbu' Hou'I~' bi'-:':;'elloved
from classification as a section 509(al<1) organlza.t:!o'n: 'c,c ..0 Co" ..:.~-,.~.,
Because this letter could help resolve any que.stion.~.ali,oiJt your private
foundation status, please keep it in your per.lirient 'i'eco'i'as'~< ,"u' ,;: ,.;"..
If the heading of this letter indicates that a caveat,appl ies, the caveat
beloH or on the enclosure Is an Integral part o.r thi,s).e~tter. ... c.. '~"',"~
If you have any questiona, please contact the person Hhose name and
telephone nUllber are shoHn above~ . ,:'.' ':C_. .-.'"", '...',
Sincerely yo.urs,
W?:~
'Frederick C. "ielseri
Oietrict'Olr..di;r'
Letter' It;l.5J!.<CG)
- . . _ .1_ . .
@)
Ashland Home Visits Budgets
'09-10 '10-11
Actual Proposed
INCOME
Council Support $24,000 32,000
Church Collections 24,200 20,000
Fund Raising 3,000 3,300
Grants
US Bank 3,000 4,000
SOMAC/Rx 500 1,000
City of Ashland 30,000
Avista 5,400
Donations 8,100 8,000
Misc. 1,600 800
TOTAL 64,400 104,500
EXPENSES
Utilities 38,500 48,000
Rent 25,000 50,000
Medical 1,]00 1,500
Transp. 2,500 3,000
PersonaVFood 500 1,000
Misc.! Admin. 800 1,000
TOTAL 68,400 104,500
l
Children's
Advocacy
C i I-J r r II
01 J ^ C ~ S 0 rl COUll f \'
Ill~.ll i fllJ C till r; r C II
,1: ti 1 [~
SrQWd oj I.ove
1J1GW.1UthStreet
Medford. O.cgon 9/501
541 7J".~jd~ 154371
la), 541. 73".24Z~
wwwr.ac4kh.ls.LJS
I,.",\", F~":;'r; "-,;. Ii- ~.
itJ.~1: ,L" P h.
U U lL..\ \\'" ~. ( _
February 24,.2011
FEB2'12011
Ms. Linda Reid
Housing Program Specialist
City of Ashland, Dcpt. of Community Development
20 East l'vlain Street
Ashland, OR 97520
Citv~;f /\:;l-:!(i,n(!
r-ich) ..,_.,j)ii;cc.
'-J?/~ 1)1"\
Dear Ms. Reid:
I am happy to submit this proposal for a grant from the Cily of Ashland
CDnG program to support critical services for child abuse sorvivors and
their family members in Ashland.
The Children's Advocacy Center (CAC) is the only center in Jackson
County providing a comprehensive blend of state-mandated services to
children who have been abused. We serve all of Jackson County, and we
are the place law enforccment officials and Child Welfare workers bring
children for their forensic intcrviews alter an abuse disclosure has been
madc. We olTcr a child-friendly setting t(,rthc intcrvicws, Grand Jury,
medical mlll therapy assessments, and support for non-olTending family
l11embcrs.~We also offcr long-term therapy, group therapy, medical
rcferrab, and long-tcrmmentoring programs to youth, all at no charge to
thc family. WC work closely with the Ashland Police Department on all
child abuse cases. \VC arc requesling funds for the services we provide to
Ashland youth a",ltheir t;1ll1ilics as well as f()J' the educational outreach
we do in the area of chi Id abuse prevcntion.
The total cost or our scrvices for the 2011-2012 fiscal ycar will be an
cstimated $979,269. We arc requesting a grant or $30,000 to be used
toward thc serviccs provided to Ashland youth. Wc are also rcqucsting
funds ham the i'vlcdford CDBG, City of l'vlcdford, Cit)' of Ashland, and
the CA1\'1I and YOCA IillJds through the Oregon Department of Justice.
,
I I' you have an)' questions, please feel free to contact me at (541) 734-5437
or Michelle Wilson, our Development Director, at the same number.
Thank you for the opportunity to submit this proposal for important
scrviccs for vulnerablc youth in Ashland. We look forward to talking with
YOll !')OUJl.
Sincerely
~~
Ivl,ukne Ivlish
Executive Director
'\ F
'~ il
'J> "';
1 ,11 '/'
." ji . . .~I
~6.
._~
CITY OF ASHLAND
2011 Program Year Community Development Block Grant (CDBG)
Application
These completed Sheets shall be included as the first pages on all submittals.
I. APPLICANT INFORMATION
Applicant Organization Name:
Children's Advocacv Center of Jackson County
Executive Director's Name(s): Marlene Mish
Board Member Names (attach separate sheet) Please see attached Board member list.
Applicant Mailing Address:
816 W. 10'h Street, Medford, OR 97501
Applicant Street Address:
same
IRS Classification 50Hc) (3)
Federal Tax ID#: 94-3079497
Mission Statement: (may be attached)
To meet the needs of children and families by providing a community-based,
child-focused center that facilitates a compassionate, multidisciplinary approach to
the prevention, treatment, identification, investigation and prosecution of child
abuse.
Total Employees: 14
Total Volunteers: 75
2
II. CONTACT PERSON (designate a conlact person who is familiar wilh the projecl)
Name:. 'Michelle Wilson
Title: Development Director
Phone Number: _(541) 282-5474, X111
Fax Number: _(541) 734-2425
E-mail Address: mwilson@cacic.orQ
III. PROJECT INFORMATION SUMMARY
Project Name or Title:
Child Abuse Services and Prevention Proqrams
Expected Completion Date: June 30. 2012
Requested CDBG Funds: $ 30.000
,
Organizational Match: $ 524.523
Funds from Other Sources: $ 454.746
Total Project Cost: $ 979.269
3
Children's Advocacy Center of Jael{son County
Ashland CDUG l'roposaI2011-- Project Summary
Proieet Dese.-intion
The Children's Advocacy Center (CAe) provides completc wrap-around services
for children who have been abused. A child's lirst contact with the criminal justice
system is usually at thc Center, a safe, child-focused, home-like setting where children
are made to fecl comfortable and welcome as they meet with law enforcement to talk
about their abuse. State-of-the-art equipment is used to record their disclosures in a non-
threatening, nurturing environment. Grand Jury sessions arc held at the Center for all
child abuse cases. Immediate services arc offered to every child for medical
examinations, crisis intcrvcntion therapy and assessment, and referrals for outside
services. Specially trained advocates follow-up for up to one year or more with the
families of victims to ensure that no child falls through the cracks in the system, and to
ensure that they receive all the resources they need to continue the healing process.
Support and education are offered for non-offending family members.
This project is to ensure funding for child and teen abuse victims in Ashland. In
addition to the core services we provide, we arc expanding our education efforts and our
programs in child abuse prevention, including The Period of PURPLE Crying program
which trains new parents against the dangers of shaken baby syndrome, and the Darkness
to Light Stewards o(Children child sexual abuse prevention program. The Period of
PURPLE Crying is headed by our Mcdical Director and is given to all new parents in all
area hospitals, including Ashland Community Hospital. Stewards o(Children is offered
at educational, civic, and youth-serving centers around the County and gives adults the
tools they need to recognize and intervene responsibly in potential cases of child abuse.
Proiect Backgmund
The CAC has been providing services to youth and families in Jackson County
since 1988. We serve over 800 youth per year. This year we are facing up to 26% in
cuts from one of our major state funders, the CAMl fund of the Oregon Depnrtment of
Justice. At this time, funding support is critically needed by local government and
community sources to ensure that Jackson County youth do not suffer due to budget cuts.
We work diligently to ensure a multi-tiered funding plan which includes government and
loundation support, corporate and business sponsorships, individual contributions, and
income received through fundraising events, insurance billings for medical and therapy
services, and sales of products made by youth in our mentoring program.
Proiect Obiectives
Project objectives for Ashland residents include:
I) Provide forensic interview, Grand Jury, medical, and therapy services to an estimated
40 youth from Ashland;
2) Provide year-long mcnloring to an estimated 5 youth from Ashland;
3) Offer at least 5 Stewards o(Cl,ildren child sexual abuse trainings to Ashland
conuuunity leaders, youth-serving organizations, and educational institutions; and
4) Provide the Period of PURPLE Crying shaken baby prevention program to all new
parents at Ashland Community Hospital.
Services to hc Provided and Elil!ihlc POllulation
Funds will be used for staff members who provide direct vital services to victims
of child abuse. These include our: I) Forensic Interviewer and Trainer, $6,500; 2)
Medical Director, $5,000; 3) two Therapists, $5,000 each; 4) Mcntoring Program
Coordinator, $5,000 and 6) Volunteer and Community Outreach Coordinator, $3,500.
All services will be provided to children who have been abused. Child abuse victims arc
eligible for federal funding no matter their family income. We do not keep financial
information on our clients, but we do bill insurance and the Crime Victims program for
our medical and therapy serviecs. Approximately 75% of our clients are eligible for the
Oregon Health Plan, which means they are moderate to very-low income.
'Vorll Prol!l'um and Timc Line
See Form A - Project Schedule
Financiallnfonnation
Total cost of project: $979,269
Cost by task: Wages of direct service personnel -- $579,298; Materials and supplies --
$161,334; Marketing and Outreach -- $53,150; Program Administration -- $185,487
Secured flll1ding: $231,925
Tentative funding: $747,344
Please see Form 13 ~ Uses of Funding and Form C - Sources of Funding
a) Assumptions used to determine the total project cost: The total project cost is based
on the organizational budget for one year. The proje.ct includes all of the services we
provide to clients, and all organizational costs are part of service provision. The cost to
serve one child al our Center is based on the following calculation, excluding
administrative and facility costs: Intake and Assessment u $50; Forensic Interview u
$150; Medical Assessment u $215; Three psychological assessment appointments u
$350; Nine ongoing therapy appointments -- $720; total-- $1,485 per child. The total
cost for 40 Ashland youth is $59,400. ]n addition to these services, we will provide an
estimated five Ashland youth with year-long mcntoring. The estimated cost for each
child, based on annual budget for mentoring of $1 0 I ,700, serving 60 youth, is
approximately $1,700. The cost for five youth is $8,500. The total cost for these
direct services is $67,900. exclusive of administration and facility costs.
In addition to these services, we will offer at least five presentations of the Stewards of
Children child sexual abuse prevention program and will continue to offer the Period of
PURPLE Crying shaken baby syndrome prevention program to all new parents at
Ashland Community Hospital. The costs for these services include personnel time by
our Volunteer and Community Outreach Coordinator and our Medical Director.
b) nla
2
c) Financial assumptions used to develop the operating budget: Thc opcrating budget is
based on the current year's budgct plus incrcascs in staff costs which have already been
decided. This includes the addition during this )'ear of the Voluntccr and Community
Outreach Coordinator and thc hiring of a third therapist who spcaks Spanish, funded in
part b)' a two-year grant from the Victims of Crime Act (VOCA).
d) nla
c) Lellers of funding commitments: Wc do not have letters of funding commitments at
this timc, but .we will be ablc to provide them at a later datc.. Thc totals we have listcd as
committed includc non-competitive funds rcccivcd from VOCA and the National
Children's Alliance. These will be awarded later this )'ear.
I)n/a
Elil!ibility of Federal Fllndinl!
Clicnt services will be the main component of the proposed project.
a) The project is not in thc Cit)' of Ashland, bul Ashland youth and thcir J,unilies me
served by the Children's Advocacy Center in Mcdford. Thcrc is no agcnc)' in Ashland
offering thcsc mandated services to childrcn who have been abused, and Ashland law
cnforccment works closcly with our agenc)' to providc services to these )'outh.
b) All child abuse survivors are considered eligiblc for funding through the CDBG
program. We do not keep incomc information on our clients, but approximatel)' 75% of
our clients arc eligible for Orcgon Health Plan.
c) There are no financial or legal commitments to the project, other than thc Center's
commitmcntto continue to offcr serviccs to victims of abusc.
d) nla
c) nla
I)n/a
g) nla
h) nla
i) nla
Al!cncy's Mission and Scrvicc History
Foundcd in 1988 as the Jackson County Child Abuse Task Force, the mission of
the Children's Advocacy Ccntcr is to meet thc necds of childrcn and their familics by
providing a community-based, child-focused center that facilitates a compassionate,
3
multi-disciplinary approach to the prevention, treatment, identification, and prosecution
of child abuse.
In 201 0 we served over 800 child abuse victims and provided almost 3,000
individual services to our child victims and their families. We did this by providing a
forum for interagency coordination, education related to child advocacy, and the
prevention and treatment of child abuse. We provide forensic interviews, medical exams,
. ps)'chological assessment and treatment, and education and support, including six
mentoring groups that are designed to prevent re-viclimization and sexual reactivit)' in
youth who have been abused. We are an accredited member o'f the National Children's
Alliance and arc a regional service provider, offering trainings and consultations to
professionals in Josephine and Curry Counties. We also serve as the Designated IVledical
Provider for Josephine County, providing medical exams for youth in that Count)' who
have been abused.
CAC is characterized by a highly trained staff of compassionate professionals and
strong community support. We provide services that are mandated for all young victims .
of abuse, and we arc the only agency in the County providing these services in such a
comprehensive manner. Our staff members are seen as experts in the field of child abuse
prevention, identification, intervention, and treatment.
How thc Pl'Oicct Will Promotc Sclf Sufficicncy for Individuals with
Spccial Nccds
This project serves children and teens who have been abused. Their special needs
are many;-including assistance through their interviews and interactions wilh 1m\'
enforcement and legal professionals and, when necessary, with the DHS, Child Wclfare
Deparlment. They have needs for immediate medical assessment to determine whether
or not ongoing medical treatment is necessary and they often need referrals to the
community for those ongoing services. They need psychological assessment and often
long-term therapy to address the multitude of issues which child abuse creates in the
psyche of a child. Many need mentoring programs which' offer them the possibility to
learn and practice new behaviors which will stop cycles of generational abuse and allow
these youth to create healthy lives for themselves. Non-offending parents of these
children and teens often need their own support as they learn holY to communicate with
their children about the abnse and support them in lheir healing processes.
We provide :all of these services in a Center which has been designed to reduce re-
traumatization to survivors and reduce overall costs of services by bringing them all
together in aile place, offered by specialists trained in child abuse intervention and
treatment. The young clients who come to our Center receive services which allow them
to move from a place of victimization to a place of sell~sumciency, through
comprehensive services which arc also extended to their family members. Children's
Advocacy Centers were created with this intention in mind, to serve individual youth and
to offer the larger community a place where all of these services arc otTered by trained
professionals. Untreated, child abnsc costs society and individnals a much larger
amonnt than if intervention occurs immediately and effectively. Youlh and families
4
who come through our Center are much more able to return to their lives with the skills
needed to be self-sufficient, healthy members ofthc community.
Bcncfit to Individnals with Sl>ccial Nccds
Our project servcs the target population of childrcn and teens who have been
abused. Based on 20 I 0 statistics of numbers we served, wc project that wc will scrve
approximately 40 Ashland youth during the 2011-2012 fiscal year. Wc project that the
total number we will serve during the year will be approximatcly 800 Jackson County
youth. While wc do uot kecp financial records of our clients, approximatcly 75% are
cligible for thc Oregon Health Plan, meaning that thcy are moderate to very-low income.
We would like to note that while the number of youth served from Ashland seems
low in comparison to other cities in the County, we believe that this may be in part due to
undcr-rcporting of child abuse. .Wc know by national statistics and rcscarch that
approximately I in 4 girls and 1 in 6 boys will be scxually assaulted before thc agc of 18.
Wc also know that abuse cuts across all lines of gender, culturc, and socio-cconomic
statns. We know that child abuse is not always reportcd, due to fears about what will
happen to the child or family, fears about retaliation, and lack of knowledge about how
and when to rcport suspccted abusc. In addition to the core services we will provide to
Ashland youth and their families, we will also offer at lcast five presentations of the
Darkness to Light Stell'{frd~ ()(Children child sexual abuse prcvcntion program to
Asbland profCssionals and community mcmbcrs, and allncw parents giving birth in the
Ashland Community Hospital will receive personalized training and a DVD in the Period
of PURPLE Crying program which works to prevent shaken baby syndrome and
traumatic head injury to infants and toddlers. We believc that public awareness and
engagement in this issuc is a critical componcnt of cnsuring a safc and hcalthy
community for children and tccns, and we arc pro-active in our education and outreach
cfforts.
Bcncfit to Extrcmcly-Low and Low-Incomc Individuals
We serve all youth who comc to our Center. No onc is turncd away. Wc do not
prioritize our client load or scrviccs providcd bascd on any financial considcrations, so
clicnts of all income levels are servcd cqually.
Proicct Fcasibility
a) Experience and Capacity: The CAC has served elose to 15,000 childrcn and teens in
the past two decades. Our staff membcrs are regional leaders in ehild abusc prevention,
intervention, and treatment. We have offered comprehensive services to Ashland youth
and families for these past two decadcs, and we have proven our capacity to effect
positivc changc inthosc whose livcs have been shattered by abusc. This ycnr, with thc
vcry rcal possibility of II 26% cut in funding from thc CAMI fund of thc
Departmcnt of Justicc, wc arc facing thc possibility of having to cut stllff IInd
sen'iccs. Children who havc been abused cannot go without services, and wc arc
requesting funds to cnsurc that all Ashland families affected by abuse have access to our
services for years to come.
5
b) Thc ongoing operating cxpcnscs arc rcasonablc, as the)' arc based on our current
budget, with incrcascs added for staff salaries which have already bccn decided.
c) We own aliI' building.
d) nla
e) nla
1) nla
g) ilIa
h) nla
i) Commitmcnts of Funding from Other Sources: Please scc Form C.
}>otcntial Nceativc Impacts on}>.-opcrtics or thc Environlllcnt
There are no negative impacts from this project 011 properties or the environment.
Lcttcrs of Support and Attachmcnts
Please sec the attached letters of support and Forms A, B, and C.
6
CITY OF ASHLAND
2011 Proqram Year
CDBG APPLICATION CHECKLIST
In order to determine compliance with all applicable HUD regulations and to help
to ensure that projects will be eligible for CDBG funding, the City of Ashland will
need to address all HUD requirements. The purpose of this checklist is to point
out areas where potential problems could arise. Obviously, this is a
comprehensive list, which must evaluate a wide array of different kinds of
proposals. Therefore, not every item will be applicable to every project. Please
fill it out entirely indicating all items which are not applicable and include it
as part of your proposal application.
A. Applicant's Background Yes No N/A
1. Is the applicant a legal non-profit organization or unit X
of qovernment?
2. Do the proposed clients or users of the project meet X
HUD Income Guidelines (see paqe 10 for quidelines)?
3. Does applicant have the capability to maintain written X
income documentation?
4. Has the applicant made a legal or financial X
commitment to a proposed proiect?
5. Is the applicant primarily a religious organization? X
6. Has the applicant administered a CDBG project X
oreviouslv?
7. Is your agency willing and able to provide all required X
reports and accountability to the City as required by
HUD?
B. Project Location and Land Use Issues Yes No N/A
1. Has a location for the project been selected? X
2. Is the proposed project within the Ashland City X
limits?
3. Does the proposed project meet local zoning and X
land use laws?
4. Are any land use permits such as a Site Review. X
partition, annexation or Conditional Use Permit
required?
5. Have these approvals been obtained? X
6. Does the project comply with current building code X
requirements?
7. Does the project meet handicapped accessibility X
requirements?
4
C. Enyironmentallssues Yes No N/A
1. Is the project located in the 1 OO-year floodplain? X
2. Is a wetland located on the project site? X
3. Has any environmental contamination been identified X
on the project site?
4. Has asbestos been identified on the project site? X
5. If project involves an exiting structure, was it built X
1978 or earlier? If year built is known, please soecifv.
6. Is the proposed project located on a major arterial or X
near the railroad? X-
7. Is the proposed project located adjacent to an above
ground flammable storaQe tank?
8. Does the proposed project involve a structure that is X
50 vears or older?
9. Will the applicant complete a Phase I environmental X
review uoon receivinq a CDBG award?
D. Labor Reouirements Yes No N/A
1. Does the projecl involve construction over $2,000 in X
cost?
2. Will the project trigger Davis-Bacon wage X
reouirements?
3. Will the project trigger BOll wage requiremenls? X
4. Does the project involve over $18,703 in City X
awarded qrants or contracts?
E. Displacement and Relocation Yes No N/A
1. Will tenants be displaced by the project? X
2. Will a business be displaced by the project? X
3. Will housing units be demolished or converted? X
F. Property Data Yes No N/A
1. Does the applicant own the property by fee simple X
title?
2. Are taxes on the property current? X
3. Is insurance current? X
-
4. What is the current debt against the property? X
5. What is the current use of the property? ..., X
6. Has an appraisal on the property been conducted? X
If ves, what is the assessed value of the orooertv?
5
Form A-1
To be completed for Development or Rehabilitation Proposals
Housina Proposals
Activitv Start Date Completion Date
Site Planning &
Development
..Q2tion
Site Acauisition --
Plan DeveloDment
Pre-application
Land Use ADDroval
Construction Plans ,
Final Bids
Contractor Selection
Buildino Permits
Grant applications
local
state
federal
Non-oovernment
other
Loan Applications
Construction loan
Permanent
Construction Phase
Construction
Certificate of Occupancy
Please provide your best (realistic) date estimates regarding the project
schedule
6
Form A-2
To be completed for Social Service Proposals
5 . IS P
ocm ervlces roposa s
Activity Start Date Completion Date
Initiation of direct client July 1, 2011 June 3D, 2012
services
Initiation of prevention July J, 2011 June 30, 2012
program activities
Initiation of record-keeping of July 1,201 J June 30, 2012
all services and prevention
program activities
Ongoing applications for July J, 2011 June 30, 2012
funding through foundations,
business and corporate
donations, fund raising events,
and direct donor solicitation
social services provides should list key benchmarks in the table above for
their proposed projects (IE hire of personnel, application for further funding,
initiation of direct client services, etc)
7
"-~>"-~
Form B-1 .,.
To be completed for Development or Rehabilitation Proposals
Uses of Funding
Total Cost CDSG Re
fAb~smO)it~9st$.~:-~:;'__~ ~~;ai . ~;~~~ "'~21,~:~~~".~;~~~1
land
Improvements
Liens and otl1er Taxes
Closing costs
Off-Site costs
Other
SUBTOTAL
_ ~,~1L~J.Q _" .:~W.:N~I:fST;;:,i!P~' ~~~~~., ~ '_
land Use Approvals
Building Permits/fees
(Include Engineering and
Community Development Fees)
System Development Charges
SDCs
Relocation Costs
Environmental Report I lead
Based Paint Clearance
Soils Report
Survey
Marketing
Insurance
Other
~IL~,Sa -.
ArchitecturaVEngineering
legal/Accounting
Appraisals
lender fees
Construction loan
Permanent loan
Tax Credit Fees
Developer Fee
Consultant Fee
Other
-J~~~~~-~~Y~~~~~'~~ ~~~ ~~~:~~~-:
8
d.
Form B-2
To be completed for Social Service Proposals
~!2i~c~~I~]i~~:P'~~"''''.
';;~>,~,=~~~~~~~
~~~@l~=:~--"":!::~';Z(
Wages (of p61rsonal
providing direct client
services)
Materials/Supplies
Marketing/Outreach
$579,298
$30,000
$161,334
$ 53,150
o
o
Program Administration $185,487
Includes overhead and general
staffing necessary 10 administer the
program (accounting, management.
grant administration) but that does
not provide dIrect benefits to the
client.
~~~
Other Source s
~~ ~:~l:Z~$~~:~1~sf
$548,252
$161,334
$ 53,150
CDBG Funds $186,533
are not
available for
program
administration
Total Project Cost $979,269
$30,000 $949,269
9
..,""+,,*,~-~,.
Form C
...
SOURCE(S) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity of the organization to
sustain the operations of the program(s).
Federal Grant6 0 0 0 n/a
State Granls 52,925 0 231,821 June 2011
Local Grants 0 0 77,500 June 2011
Non Governmental 10,000 0 82,500 varies
Grants
Donations/Gifts 11,000 0 355,523 varies
Applicant 0 0 0 n/a
Contribution
Program Income 0 0 0 n/a
Loans 0 0 0 n/a
Other (specify) 138,000 - 0 0 n/a
insurance
billin s
Other (specify) 20,000 - 0 0 n/a
endowment
earnin s
Please provide a description the timeline of loan ffild grant application dates as
related to the proposed project. Specifically, for any tentative funding sources
please provide application dates, award dates and funding availability dates.
State Grants: CAMI and VOCA due 4/1/11; funding begins 7/1/11
t.ocal Grants: City of Medford, City of Ashland, Medford CDSG grants due 3/1/11; funding begins
7/1/11
Foundation Grants: OCF Walker Fund and Ford Family Foundation grants have been applied for
and will be awarded in May 2011; Hearts and Vines application due 9/11 and awarded 11/11; Cow
Creek Umpqua Foundation grant due 3/1/11 and will be awarded 6/11; others to be decided
10
--.-----~-..-..-.-----._______ n_..__..__..__ _.__.__. __. __ __'__
."....._...-
#.
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential
conflict of interest related to the expenditure of Community Development Block
Grant funds we request the following information be provided by applicants:
ORGANIZATION NAME: Children's Advocacv Center of Jackson County
Organization is: 1. Corporation ( )
2. Non-Profit 501 C3 ( X)
3. Partnership ( )
4. Sole Owner ()
5. Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please attach a separate sheet.
1. Slate the names of each "employee" of the City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed.
Name, Job Title and City Department
n/a
2. State the name(s) of any current or prior elected or appointed "official", of the City of Ashland
having a potential "financial interest" in the organization or project.
NamefTitle
n/a
3. Provide the names of each "board membe~' of Ihe Organization seeking CDBG funding
Name Board, Commission, or Committee (may be attached as a separate Sheet)
1 n/a
2
3
4
5
6
7
8
9
10
11
12
additional
If the applicant has provided names in question 1 or 2, please provide details
regarding any known potential conflicts of interest in an attached narrative.
tl
;..~~<,.
~
JACKSON COUNTY
Commission on Children
~.
Families
January 18,201 I
Dear Grant Application Reviewer,
The Jackson County Commission on Children and Families mission of "Promoting the well-being of all children and
families as a community responsibility" is directly supported through the essential community services provided by
the Children's Advocacy Center of Jackson County. This is a letler of support for the Children's Advocacy Center's
grant application for funds to support core services for child abuse survivors and their non-offending family members,
including medicallherapy, and intake services.
Child abuse is a social problem of significant magnitude. The Children"3 Advocacy Center of Jackson County
provides services to more than 800 Jackson County chi Idren/youth each year. The experience of each of these child
abuse survivors varies from individual to individual. Severity, intensity, and frequency, age of the child, relationship
between the child and perpetrator, degree of support from non-offending parents, level of acknowledgement by the
perpetrator, quality of family functioning, and specific nature of the abuse all affect they type and severity of the
effects seen in Ihe child abuse survivor. It is important to note thai no one symptom profile is unique to children who
have been abused, therefore, each child abuse survivor should be assessed carefully and a treatment plan should be
developed that is specific to that child's response to the abuse and living context.
The Children's Advocacy Center of Jackson County is an integral partner in the Jackson County's child abuse
prevention continuum of services. The Jackson County Commission on Children and Families recognizes the value
of the Children's Advocacy Center and the child-driven focus services they provide our community, an,d supports
their grant proposal. Thank you for helping increase the safety and well-being of children and families in Jackson
County.
Respectfully sUbmi: \:)
~ k-\A.-v--.I .2r"d"Y\..A.~:J
Roxann Jones
Jackson County Commission on Children and Families
~'"".~~.'
.
...
PQ.ICE INVESllGATIONS
CITY OF MEDFORD
411 WESTSTH STREET
MEOFORO. OR 97501
PHONE:
FAX:
City Web Page;
police E.Mail:
(541) 774-2230
(541) 616.1733
WHN.d.medford or.us
oolicelIDcI medford.or.vs
January 18, 2011
To Whom It May Concern,
1 am writing to express my support for the Children's Advocacy Center of Jackson County. 1 work with this agency on a weekly, if
not daily, basis. My job as a police detective would be greatly affected if 1 could not utilize the Children's Advocacy Center's
services and support. 1 see first hand how having a wenn, saft, child-friendly environment, makes a difference when interviewing a
scared, abused child. In the last seven years, I have personally interviewed over 450 children at the Advocacy Center. Each
interview I have conducted was digitally recorded by the center, so it could be later utilized for a court proceeding, These
recordings were ollen times what the jury needed to reach a guilty verdict. So often, children grow up quickly and don't look or act
the same as when they first disclosed their abuse.
It is reassuring to know that each child I've interviewed has the opportunity to receive a medical examination by a doctor that
specializes in child abuse and attend therapy for his or her abuse with therapists that specialize in childhood abuse and trauma. The
criminal justice process is so much less traumatic when a child can be interviewed, have a medical exam, receive therapy and begin
their healing process'right in the same location. I have witnessed the center to be child focused, facilitating a compassionate, multi.
disciplinary approach to dealing with child abuse.
1 have spoken to children survivors who have had such positive experiences working with the qualified therapists at the Advocacy
Center. J have met the two new therapists recently hired by the Advocacy Center. They are a much needed addition to the center
and to Jackson County by providing therapy to Spanish speaking clients and to sexually reactive youth.
Not only does the center provide intervention and treatment for abuse survivors, but it provides trainings for cgmmunity members
regarding child abuse prevention. I have attended training this past year at the center that helped keep me current with forensic
interviewing trends and practices. The center provided a meeting place and facilitator for a weekly pecr review group that helped
critique interviews to make forensic interviewers better at their job. The Center also facilitates a proactive 2.5 hour workshop,
Darkness to Light, that helps community members identify the signs.of sexual abusc and teaches them what to do when they
recognize those signs.
The services offered at the Children's Advocacy Center of Jackson County are all vital to our community. I have been a police
officer for nineteen years, a detective investigating child maltreatment cases the last seven, and have been impressed repeatedly at
the "caliber of caring" that the center provides! I give the center my fullest support!
Deteclive Diane Sandler
Medford police Department
411 W. 8~ Street .
Medford, OR 97501
Phone: 541.774-2241
Jackson County Child Abuse Task Force, Inc.'
Board of Directors
1. President
Mark Huddleston
huddlemd@iacksoncountv.orQ
2. Vice-President
Charlie Baggett
cbaQQett@roQuefcu.orQ
3. Secretary
Ruth Brown
foodladies@miQhtv.net
4. Treasurer Monica Garvin
monica.Qarvin@premierwestbank.com
5. Member-AI-Large Donna Andrews
artsouI2009@live.com
6. Member-At-Large June Buck
ibuck@ccountrv.net
7. Member-At-Large MaryChambers
marV.chambers@state.or.us
8. Member-At-Large Lt. Tim Doney
Tim.donev@ci.medford.or.us
9. Vice President Karen Doolen
doolen@charter.net
10. Member-At-Large Gregg Edwards
Qedwards@asante.orQ
District Attorney
715 W. 1 Olh Street
Medford, OR 97501
Ph: 774-8181
Chief Loyalty Officer
Rogue Federal Ctedit Union
1370 Center Drive
Medford, OR 97501
PH: 858-7114
Executive Director
Jackson/Josephine Co. 4-C
204 W. 9th SI.
Medford, OR 97501
Ph: 779-7857
PremierWest Bank
Branch Manager
2600 E. Barnett Rd
Medford, OR 97504
Ph: 618-5910
Donna Andrews & Associates
815 Alder Creek Drive
Medford, OR 97504
Ph: 210-0374
Community Volunteer
740 N. Modoc Avenue
Medford, OR 97504
Ph: 772-4332
DHS Supervisor
3333 Wheat Ridge Drive
Medford, OR 97504
Ph: 776-6120x266
Medford Police Department
411 W. 8th Street
Medford, OR 97501
Ph: 774-2205
Community Volunteer
2510 Meadowcreek Dr.
Medford, OR 97504
Ph: 857-9300
Chief People Officer
Asante Health System
2650 Siskiyou Blvd, #202
Medford, OR 97504
Ph: 789-4673
..
Children's Advocacy Center
Board of Directors
Page 2 01'2
11. Member-AI-Large Dennis Black
black@blackchaoman.com
12. Member-AI-Large Judith Harper
Judi.Haroer@usdoi.Qov
13. Member-AI-Large Todd Hobbs
thobbs@cdsoubs.com
14. Member-AI-Large Don Livingood
donl@rvallevcomouters.com
15. Member-AI-Large Lydia Perez
momolvdia@holmail.com
16. Member-AI-Large David Cuttrell
david@breezefinanciaIQrouo.com
Attorney
221 W. Slewart Avenue #209
Medford, OR 97501
Ph: 541-772-9850
Assistant US Attorney
310 W. 6th Streel
Medford, OR 97501
Ph: 776-3604
CDS Publications
328 Donna Way
Central Pt OR 97502
Ph: 821-3057
Community Volunleer
6311 Hillcrest Rd.
Medforq, OR 97504
Ph: 944-7518
Community Volunteer
320 Brad Way
Central Point, OR 97502
Ph: 664-4058
Breeze Financial Group
401 Crater Lake Ave #5
Medford, OR 97504
Ph: 541-772-1600
r~'
CITY OF ASHLAND
2011 Program Year Community Development Block Grant (CDBG)
Application
These completed Sheets shall be Included as the first pages on all submittals.
I. APPLICANT INFORMATION
Applicant Organization Name:
ACCESS, Inc.
Executive Director's Name(s): Garv Miller
Board Member Names (attach separate sheet)
attached
Applicant Mailing Address:
PO Box 4666
Medford, OR 97501
Applicant Street Address:
3630 Aviation Way
Medford, OR 97504
IRS Classification:
Federal Tax 10#:
501 Ie) (3)
93-0665396
Mission Statement: (may be attached)
Through partnerships with a caring community, ACC.ESS provides immediate and
long term solutions that lead people in need toward self-sufficiency.
Total Employees: 54
Total Volunteers: 450 to 500
16
II. CONTACT PERSON (designate a contact person w~o is familiar with the project)
Name: Cindy Dyer
Title: Housina Director
Phone Number: 541-779-6691 ex!. 319
Fax Number: 541-779-8886
E-mail Address: cdyer@access-inc.ora
III. PROJECT INFORMATION SUMMARY
Project Name or Title:
Hyde Park
Expected Completion Date:
June 2013
Requested CDBG Funds:
$ 166,000
Deferred City of Ashland SDC's $ 30.625
(estimated)
Organizational Match:
$750 + staff commitment for arant applications
Funds from Other Sources:
$ 1,139.468
$ 1,170,093
Total Project Cost:
17
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1. Complete Application Form
Attached for your review.
2. A project summary including a brief description; project background and a list of
project objectives
Hyde Park is envisioned to be similar in neighborhood feel to the six unit
"Parl<view" project developed on Garfield Street for the Ashland Community Land
Trust. We have enclosed photos of that complex in the attachment section.
There will be 6 units of housing with a mix of unit size incorporated. It is
anticipated that there would be 3 one bedroom units, 1 two bedroom unit and 2
three bedroom units to meet the greatest need of unit size in the City as well as a
combination of sizes to satisfy the other potential funders and create a small but
diverse community. Our target population will be those with 50% and 60% Area
Median Income (AMI) and below with rents initially set at 50%.
We believe that this project meets with the current Consolidated Plan's Housing
Goal 1 'To increase the supply of affordable housing..... We also adhere to the
spending priorities of the City with Goal 1.2 through a 60 year affordability
commitment and Goal 1.1 through the construction of affordable housing.
3. Properly and Project Information relating to acquisition, rehabilitation, site
clearance, and development
a) Property location relative to jobs, schools, transportation, shoppinq and services
Hyde ParI< will be located in a newer subdivision recently developed in Ashland.
It is within one mile of the shopping center located at the intersection of Tolman
Creel< Road and Ashland Street. It is also a short distance to both Walker
Elementatyand the Ashland Middle School. Please see the attached map.
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b) Total floor area of buildinqs, and size of land site
The lot is 16,988 SF according to the County Assessor. The building we
anticipate to be over 5,000 SF once the final designs are in place. Please see
the attached site plan.
c) Tvpes of residential units, number of each tvpe unit. and total number of bedrooms
We anticipate 3-one bedroom, 1-two bedroom and 2-three bedroom units.
d) Number of extremelv-Iow, low-, and moderate-income units proposed
100% of the units would be set aside for "Low Income" (60% AMI) tenants. We
would like to further attempt to have at-least" 2 of the units set aside for 50% AMI
but that mix will be dictated by the funding sources that support the construction
ofthe building.
e) Number of units accessible to the disabled
There will be at least one unit accessible to the disabled.
f) Square footaQe of units and description of amenities such as private balconies or
storaqe areas
The' maximum allowed square footage per unit with the State of Oregon funding
is set at 1 bedroom - 690 SF, 2 bedroom - 900 SF and 3 bedroom - 1200 SF.
Our desire will be to have creative and functional units within those parameters.
All units will have adequate storage somewhere on site, some will be adjacent to
their while units others might be in a separate laundry facility and storage
building.
g) Square footaqe of common areas such as communitv or laundry rooms
Laundry room square footage and placement will need to be determined after a
pre application meeting with the City.
h) Square footaqe of common areas such as communitv or laundry rooms
There is no commercial space involved.
i) Year property was built. If pre-1978, will it be occupied by children under the aae of
six?
This will be new construction so Lead Based Paint issues do not come into play.
j) Describe condition of any existina housina proposed for acauisition and any
alterations planned. Briefly discuss the total cost of the proposal relatiye to new
construction.
Not applicable
k) If the proiect inyolves rehabilitation attach a description of the work to be completed.
Not applicable
I) Describe the taraet population. Include the suitability of the property for the taraet
populalion, the tenant selection process, brief description of any residential services and
the resources identified to fund the services.
Our goal would be to set this property aside for the general Ashland population
with our marketing to focus on 'Workforce" housing. Ashland has a need to be
able to house the many people that work within the Ashland community. From
singles to families the recognized need is great. We believe that the mix of units
and the tenants within would fit well in this diversified neighborhood. This site is
part of an existing community of single family townhomes that are both rental and
ownership.
,
The tenant selection process after completing an application and being placed on
the waiting list starts with a verbal notification that the person is next on the list
and if they choose to pursue tenancy at that time they are required to pay a non-
refundable screening fee and must meet some specific requirements. A few of
these'requirements are listed here. Their gross income must not exceed the
income eligibility requirement and they must demonstrate an ability to afford to
pay the rent. All household members over the age of 18 are required to provide
two (2) pieces of identification and sign a "Release of Information Authorization".
At least one current or previous landlord reference must be provided and
evictions or presence of a Forced Entry Detainer (FED) within the last 4 years
may result in disqualification. There are other criteria that will be available for
review prior to the potential tenant paying the nonrefundable fee.
m) Indicate how many years the property will rem.?jn affordable and th~U!lechanism that
will be used to ensure the affordability period.
The property would be set aside as affordable for a minimum of 60 years through
a Declaration of Land Use Reslrictive COllenants or a Project Use Agreement if
Slate of Oregon lunding is received. If the City would like 10 have something
recorded against the property specific to COBG funding that can be
accommodated.
4. Briefly describe the services to be provided, if any, and describe the eligible
target population receiving direct benefit from these services (low-income,
homeless, special needs).
As the Community Action Agency for Jackson County, ACCESS offers program
and services to help alleviate the affects of poverty to low-income residents in our
community. With that in mind, these same programs and services would also be
available to all eligible tenants as well. Generally we refer to our core service
delivery model as one of information & referral. Information about needed
services and referral to the appropriate agency as needed.
The target population to be housed at Hyde Park is low-income families and
individuals. This is not B special needs housing project, nor a dedicated senior
housing complex. Therefore, the services are more general in nature and usually
fall into three areas of assistance; emergency assistance during a crisis, social
and/or volunteer activities and those that are more educational in nature to help
sustain an independent lifestyle.
The most appropriate service delivery model for the Hyde Park community will
fall under this same category of information & referral. Tenants will be given
information about various programs & services that are available in the
. community. We provide information at move-in, specific programs and services
are also highlighted in our quarterly newsletter and of course whenever a tenant
specifically requests some assistance, we guide them to the most appropriate
resource available at any given time.
5. A work program and time line including a complete list of tasks with estimated
start and completion of each task (please complete attached Form A - Project
Schedule).
See attached Form A
6. Financial Information
A budget describing total cost. cost per task, existing (secured) project funds and
unfunded costs. Identify any and all source(s) of funding. This would include
other Federal and State grants and loans, monetary donations, in-kind
contributions, volunteer labor, donation of materials and supplies, etc. In addition
10 8cJcJressing the questions below please complete attached Form B n' Uses of
Funding & form C - Sources of Funding.
Provide a detailed financial description of the proposed project, including Rent
Schedule, Sources/Uses of Funding and Operating Budget Income/Expense, and
utility allowances
a) Describe the assumptions used to determine the total proiect cost. Indicate the
sources consulted and how costs were determined.
The construction cost estimate was created using actual costs of a similar size
project, then projecting with the Producer Price Indexes (PPls) for Construction
Materials through the advice of Ausland Builders.
b) Was consideration qiven to remaininq economic life of the property and potential
cost increases such as unanticipated repair or relocation costs? Maintenance
costs? Operatinq costs?
Since this is new construction there is no remaining economic life of the property
and the construction funders will require a reserve for replacement to anticipate
future repair costs.
c) Describe the financial assumptions used to develop the operatinq budqet.
Include proiected rent increases, other sources of income for operation and
maintenance expenses, and inflationary factors. For social service award
requests please include financial assumptions relatinq to increases in waqes,
materials and overhead, or other costs associated with the proposed activity.
The spread sheets attached are those out of the State of Oregon's Consolidated
funding cycle application which incorporate an escalating rent increase as well as
escalating expense increases. We started with actual expenses from the ACL T
Parkview project and adapted them for this project. The utility allowance sheet is
from the Housing Authority of Jackson County.
d) Discuss non-typical expenses or those outside industry standards.
At this point in the pre-development we do not foresee any non-typical expenses
or any outside the common industry standards.
e) AlIach lellers of fundinq commitment from other sources, if available.
There are no specific funding commitment letters available to us at this time. The
Ashland COBG funding is the first step in the grant writing process. Without
local support and financial commitment, it is nearly impossible to secure any
other state or federal awards. This application is the critical "first in" funding in a
project of this nature.
ACCESS does plan to submit other grant applications for funding, but there are
specific funding cycles that must be taken into consideration. The expected
funding source for much of the needed resources will come through Oregon
Housing & Community Services and specifically the Consolidated Funding Cycle.
This funding cycle is now available one time per year and we would anticipate
submitting an application in the Spring 2012 cycle.
f) Will a property tax exemption be requested for the proiect? If so, what is the
estimated dollar value of the tax exemption over the twentv-vear period? Please
brieflv detail the calculation method used to estimate the value and the process
your orqanization would undertake to obtain the exemptions or appraised value
adiustment.
We have presented the project without requesting a full Property Tax Exemption
at this time.
7. Eligibility for Federal Funding
The majority of the funding would be used for property acquisition which is an.
allowed COBG funding use.
a) Is the proposed proiect within the AshlandCitv limits? If not. explain.
The property is within the City limits.
b) Specifv the proposed tenant or client income level: state in terms of percentaae
below area median for the Medford-Ashland standard metropolitan statistical
area (MSA).
The proposed tenant income levels would be 50% and 60% of Area Median
Income.
c) Describe any financial or leaal commitments made to the proiect.
There are currenlly no financial or legal commitments made to the project.
d) Will permanent housinq units be converted or demolished? If so, how many?
No permanenf housing units will be converted or demolished to create this
project. The property is an empty lot.
e) Is the proposed housina site located in a 100-year flood plain?
Fhe sile is not locateel in tile toO-year flood plain.
f) Has a Level 1 environmental assessment been done for the site?
A Level 1 environmental assessment has not been completed at this time.
g) Is the proposed housina site located adiacent 10 a maior arterial road or near a
railroad?
The proposed site is not located adjacent to a major arterial road or a railroad.
h) Is the proposed site located adiacent to an abovearound flammable storaae
tank?
No aboveground flammable storage tanks are located adjacent to the site.
i) Will the proposed proiect impact historic features? If ves, explain.
There should be no impact on any historic features on this site.
8. Briefly describe the agency's mission and service history. The City may request
copies of the agency's financial audit or review for the last two years prior to
contract signing in order to determine agency's capability to successfully
complete the project.
The ACCESS, Inc. mission is 'Through partnerships with a caring community,
ACCESS provides immediate and long term solutions that lead people in need
toward self-sufficiency." ACCESS provides services in our community to low-
income families, senior citizens and other individuals in need of assistance. As
the Community Action Agency for Jackson County, ACCESS_has a wide array of'
programs that include nutrition programs, housing development and other
assistance with housing needs, energy assistance, energy conservation and
weatherization, Junior Achievement and other educational programs, services to
senior citizens and a medical equipment loan program.
ACCESS and its programs depend on a variety of different funding sources
including grants from federal, state, local governments, private foundations, fee
for service and mos~ importantly, community donations.
ACCESS works closely with other social service organizations in the community
to ensure that clients are given the greatest opportunity to succeed.
9. Will the project promote self-sufficiency for extremely low-, low- moderate-income
families, or individuals with special needs?
Yes, we will offer referrals to all of the tenants to the appropriafe existing service
organizations both to ACCESS and others rather than creating a duplication of
services.
Our Resident Support Coordination is a support system designed to help low and
moderate income residents find and access services which help them address
their individual household needs. The ACCESS staff connects residents to
existing services in the community, which is a means to help them deal
effectively with the financial strain that often threatens their housing situation.
Over-time the RSC has helped to reduce turnover rates, fill vacaf}cies and
generally provide families with the.support needed in maintaining stable housing.
10. Please identify how your project benefits extremely low-, low- and
moderate-income individuals or individuals with special needs.
Hyde Park will benefit households through an affordable rental community in
which to live.
a) For neighborhood facilily - Not applicable
b) Special needs populations - Not applicable
11. Briefly describe how your proposal will ensure that moderate-income individuals
do not benefit to the exclusion of extremely-low or low-income individuals.
At initial rent up potential tenant incomes will be verified and persons above 60%
MFI will not qualify to live at the complex. This is something dictated by
construction building sources. There;ore persons with 80% MFI will not benefit at
this project.
12. Indicate if you expect the project to cause low and moderate-income housing to
be demolished or converted to another use (see attachment "Relocation
Strategy Guidance").
N/A, no buildings will be domolished or converted to another use on this bare
land site.
/
13. Project Feasibility
Please describe your readiness to proceed concerning whether land use
issues have been resolved and whether your organization has the
administrative capacity to complete the project proposed.
Upon grant award we would proceed to purchase the property and then move
forward with all of the due diligence work, properly reports, design documents
etc. that would be required to put in a State of Oregon Consolidated Funding
Cycle Application in the spring of 2012. If awarded in that yearly cycle,
construction could potentially begin in late 2012 depending on the State's
processes.
Describe the feasibility of the project:
a) Does the applicant have the experience and capacity to complete and or manaqe
the proiect proposed? Briefly describe applicants capacity and experience in
providinq, maintaininq and manaqinq housinq, particularly low-income housinq
similar to the proposed proiect.
ACCESS has been working in the development of affordable housing since 1994,
writing grants and administering those funds to create over 215 units on 11 different
sites. In addition to creating our own developments we have partnered locally with
the Ashland Community Land Trust in the creation of Parkview Apartments, which
also used Ashland CDBG funding, on Garfield Street and the Southern Oregon
Lions Sight and Hearing Center on two sites in Medford. We also do property
management for our owri projects, all of ACL T and the Lions rental properties. All of
the housing we manage at this time is low-income, similar to the proposed project.
b) Are the onqoinq operatinq expense and maintenance reserve estimates
reasonable?
The operating expenses and maintenance reserves estimates were created based
on the actual data from the ACL T Parkview site. We believe that this. would be the
most accurate and reliable data to work from.
c) Does the applicant have a purchase option on the property. letter of support from
the property owner(s), or some olher assurance that the property is available for
acquisition?
We have a Vacant Land Real Estate Sale Agreement that is contingent on an award
of the CDBG funds signed by the Seller which is attached.
d) Does the proiect require temporarv or permanent relocation and if so have
comparable units been identified and costs of relocation been accurately
determined? Provide a tenant relocation strateqy, cost estimate and exislinq
tenant survey to address federal Uniform Relocation Act requirements which may
impa"ct your proiect.
Since this is an empty lot there are no relocations needs.
e) Describe relocation strateqy for the proiect.
There is no relocation strategy required on this project.
f) Does the proiect require land use approvals such as Site Review. Annexation,
Zone Chanqe, Minor Land Partition, Demolition, or Conditional Use permits?
We will need to have a Site Review completed. There is no Annexation, Zone
Change, Land Partitions, Demolition or Conditional Use permits required on this site.
g) Has a pre-application been completed with the Ashland Planninq Department?
No pre-application with the Planning Department has been completed for this site
with the proposed development at this point. This is expected to be accomplished
later in the development process.
h) What is the condition of any improvements on the property and what is the
expected life of the property?
There are no building improvements on this site
i) Describe commitment of proiect fundinq from other sources
At this point there are no commitments of funding from other sources for this project.
14. Indicate whether the project will have any negative impacts on historic or
architecturally significant properties on the enyironment. All projects will be
subjected to an Environmental ReYiew Report and certain projects depending on
scale, i.e. new construction, must undergo an Environmental Assessment.
This project will have no negative impacts on historic or architecturally significant
properties.
15. Please attach any other statistical data. letters of support, applicable
experience of the sponsor, evidence of financial support from other funding
sources, or other material you believe will assist the City in its review of your
proposal.
. Photos of Parkview
. Map of area with site identified
. Preliminary site plan
. Rental Income and Expense spreadsheets
. Utility Allowance page
. Sales Agreement
. Support letter
. Bio's of ACCESS staff
16. CDBG Application Checklist (see pages 25-26). Attach Forms A, B, C & D.
.
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I Sale Agroement II kh13111
FINAL AGENCY ACKNOWLED(;MENT
I Both Buyer and Seller acknowledgo havIng received (he Oregon Real Estate Agency Disclosure Pamphlel, end hereby acknowledge and consont
2 10 thelolfowjng agency relallonshlps fA Ihis IntnsBc\lon; (1) J(rish half (Name 01 Se\llog lIcenseo)
3 of coldwell Banker Pro W!!;st: (Name arReal Eslalo Firm) Is.lhe agenlof (check 0118):
4 0 Suyar 811c1uslveiy ("Buyer Agency"). 0 S&l1euixcluslve1v (.Seller Agency"). 00 Bolh Buyer and Seller (-Orsc:lC:lSed L1mHed Agoflcr{').
5 (2) Rick Harris (Name of Us ling licensee)
6 01 Coldwell Banker Pro West fNim~e of Real Estate Finn) Is (he agenl 01
7 (check one): 0 Soller excluslvoly (-Seller Agency"). CD Oath Buyer Dod Seller ("Disclosed lIm1led Agency.).
II (3) 11 both parties are each represented by one Ot more Licensoes In Ihe 5am(l Real Estate FIrm. and licensees ete a\Jp8rvis~d by the same
9 principal broket 1n Ihal Real Estale Firm, Buyer and Seller acknowlodge Ihal said principal broket shall become ltIe disclosed limited agenl for bo[h
to Buyer and Seller as mOle fully explaIned In the Oisdosltd Umlted Agency Agreemenls tlull have been rovlewed and signed by Buyer, Sellet and
11 Ucensetl(s}.
12 Buyer. shall sign !hls acknowledgment allhe lIme of signing this Agteemenl before submission 10 Seller. Seller shall sign Ihis acknowledgmenl al
13 !helimB II"!' AglBemenl is-first submiLted 10 Seller. oven If this Agleement will be rejecll;!d or a COllfl,ter orler will be made" SeHer's sigoalufe 10 this
14 Flnel Ag8 nowledgmanl all r nstilule.aoceplance 01 thIs Agteemont Ot .my torms tlleroin.
15 BUYl;l:f Print ACCESS Ine D,,. f).-6Z-Ij f-
16 Buyer Print Dale ~
~ Seller Prinl Premier WA9t Rank D,I. ~/1 <<I) I f-~
'6 Seller Prin! Date ~
VACANT LAND REAL ESTATE SALE AGREEMENT
19 This Agreemont 15 Inlended 10 be a logal and binding contract.
20 If It Is.nolllnderstaod. seek compalant legalad...lce befoto signing. TIme Is of the oliSe1Ice of thIs AgreomMl..
:21 1. DEFINITIONS: AU references In this Allreemonllo .Ucensee- ant:! -Firm- shall refer 10 Buyer's and SaUer's feal ostate agenls licensed In lhe
22 Slale of Oregon and the rospocllve teal eslale companies wilh which they aro aWlIaled. lIcensee(s) and Flrm(s) idonlllied In tho Final Agoncy
23 AcknoWledgmenl Section above are nol partie!! to Ihls Agreemenl, except as may be e:.cpressty applicable. Unless olhorwis9 provided horein: (1)
24 "Time calculalBd In days aller Iho dalo Buyat and Soller nave signed thIs Agreenle(ll stlal1 slart on Ihe firsl full business day afte! the dat~ of Seller's
25 slgnalure IndlC<ll1(\g acceplance of Buyer's olfor or countcrofler, or BuyMs signalure Indlcallng accaplance 01 SeUer's covntetoffer; 12) Wrlthm
26 notices requlrod or petmilled under Ihls Agreeman[ 10 be delivered 10 Buyer or Sellor may be delivered 10 It10Ir t(lSpcc1ivo licensee with the sallls
27 offect as II delivered [0 thai Buyer or Seiter; (3) A .businBss day. shall maa" Mooday lhrough FrIday. e"-ccpl recognlzOd logel holidays as
26 enu,"elated In ORS 167.010 and 187.020.
29 2.1 ~RICEfPROPER"TY DESCRIPTION: Buyer (plinl nome(s)} ACCESS, Inc
30
31 0lferstO)J!l.Irch3se rromSoller (print name(s)) PrenUp-r WP.lIJt': RlInk
32 the.followlng do~crlbed reGI property (nere1nBnel ~'he Property-) silvaled In Itle Slalo of O.egon. COlJI1ly of Jackllon
33 and commonly known or Identified as (insart stroot addre.Cis, city, z(P code, I/lX Jdanfificaf{on numtler. /OfIblock description. otc.)
34 391P.11 ta)(!ot fIl03!)
35 2272 Dollarhide. 1\lIhhnrl OR 91520
36 (Buyet and Seller agree thiltlf ills nol provlde{l herein, il completo legal description as provided by the "lie Insurance company In accordance wllh
37 S~cllon 5. below. shall, whele necessary. be used ror purposes 01 legal identlficalion and conVOYllnce orUlle.)
38 fot Ihe PurchBSIl Price (In U.S. currency) 01 .",.."".. "......."....__..". "'" A S 115 000 00
39 on lhalolfowlng l"tlms: Earnasl money herein rcceipl"td tor ...._...... ,,8 S 100 00
40 -on ,as addltlonal eamesl monoy,lhe sum 01....... ....... C 5
41 01 or belore Closing, Ihe balance of down payment ''''''''''''''''''0__ ..........0 S
42 al Closing and upon.delivel)' 01 0 DEED 0 CONTRAC"T the balnnce 01 tha PUfchase Pr)ee .n....." E S 114.900 00
(Uno:r B, C. 0 ;md E :.hould 'QIIl1/ Un, "J
18UY"ln"'ls':M._D". .:1.....1-1( ~
LINES WITH THIS SVM80l t- REOUIRE A SIGNATURE OF BUYER ANOIOll SELLER AND DATE S claf Assets Ofllvsr OREF 008
This lorln h;J~ b';lllo IIr;uosed for usa by Kli~la B'lll !c!'JI1In 'lr,cord~rll:& vl11h lito Terms of $eNlce flerOregnn R~81 E'il~le FOlms. ltC
(g Oragon Real Eslale Forms. LtC Rev 01111 No pOflion nj"y UU leplorJuced wi!nOUI expless permission of Ull::yor, ;(ual [sl<.lle Foilll". LlC
VACANT lANQ REAL ESTATE SALE AGREEMENT - PagA 1 019
PHl<,1."'-l(] .,.iln ',~FDU".!) l>V 11P~t)!l'~ 16']/0 ~"IO"" ....'t n,)~lI. F'~.e'" M(/"g~" ~6C12ti ......."~ ,.rJ no.., rnm
@
I Sale Agreemenl 11 kb13111
A3 2.2 BALANCE OF PURCHASE PRICE. (Selecl A 0' B)
,
44 A.IX) This Is an .all cash 'ransaellon. Buyer 10 providf;t veriOc.alion ("Verificatlon-) .of readily available lunds al limo of submission of Ihls
45 Agreement 10 Seller pr li6l1ng Licensee. Seller may noUty BlIyer or Buyer's LIcensee. In wIlling, of Seller's uncondiUonal dlsapprovel or Ihe
46 Verification wtlhln _ business dayslJlye {51 iI nOlf1l1edln)l-Disapproval Perio<n rollawlng lis receipt by Sellaror USling Ucensee, in which case,
47 all oatnlils( money deposlls shaU be promptly ferunde.d and Ihls Iransacllon shall be terminated. If Seller falls 10 provide Buyer Of Selling
48 licensee with written uncondUlonel disapproval of Ihe VorlnC8t1on by MidnIght of the DlsBpprOYlll Period, Seller shall bo deemed 10 hlllye
119 approved lhe Verification,
50 B.O Balance of P'urchaso Price '0 be flnanced 85 follows (Selecl Q(lly one): 0 Con....enllonal: 0 H1A: 0 Feder",1 VA;
51 [iJ Olher (Dftscribo dQtlJi/$ o(/oan 10 beobt8(nlJd): Ci tv of A~hland cn~G. i'nnd1l
52 (collocllveli' -Lende()_
53 2.3 PRE-APPROVAL LETTER. 0 Buyer has attached a ropV of a P'e.Appro....allellcr (rom Buye(fj lender Qr morlg2g9 broker: 0 Buver does
54 naI have B Pre-Approval leller IJllhe lime of making lhls offer: 0 Buyer agrees to secuta a POil-Approval le1l9r as follows:
55
56 3.1 BUYER REPRESENTATIONS: As of the dale of signIng this ~9rgemenl, Buyor makes lhe lollowlng represenlalfons to Seller: (1) BlIye'
57 shall apply ror n loan not lalor Ihan _ business days {three (3} If nol filled In} following the dale Buyer and Seller have signed thIs Agreemenl.
58 and willlhereafter complele all reasonably necessa'Y paper6 In .. tlmel)' manner and exercise besl elforls (Int;;ludlng payment of all application.
59 appraisal and procossing fees. who,e appllcablo) to oblaln Ihe lorm; (2) Buyer shnll make B good laith affon to sectJre lhe ordering of the lender's
60 applalsal no later than eXplraUon 01 the lns~ectloJ\ Conllngency Pellod In Sectlon 16 or this Agreement. or If the Professlonallnspeclion Addendum
51 (OREF.058) Is used. ellplration of the Negotiation Period. (31 Buyer currentlY has liquid and available lunds ror the eilrns!;1 money doposil and
62 down paymenl. sufficienllo Close lhe lransacllon doscribed hereIn, and Is not relyIng upon any conllngent source allunds (0 g.. from loans, gifts,
63 sale or ClOSIng of alher properly. 401K dIsbursements, OIC.), except as lollows (d6scrihe):
6'
65
66 (4) Buyer ftulhorizes Buyer's lender or mortgage broker 10 p,ovlde non-c.onr.dAnllallnlnrmaliOlllo lIsling and Sailing L1censeos tllgarding Buyer's
67 loan OIppllcallon t>lalus_ (5) Buyer sllall ptOmplty notify Seller 0' Seller's Ucen:seo if, afler 5lgnlng Ihls Ayreemellll, Buyar subslHules another lender
68 or Ioen.program for any reasco. (6) Buyer agrees- to ~eep Salle, ptomplty 'n'ormed of all other material non.conOdenlilll de....alOpments tegardino
69 Buyer's financing ant;! Ihe liming or ClOSIng.
70 3.2 INSURANCE, If (he Propar1y is localed in a dClslgnElted flood lone. Buver ilcknowlBdges'lhalllood insurance may be ,equlrad as a condillon of
71 the now loan. Buyar is enco\Jroged lo prompUy ....erlfy Ihft avallablll1y and to!.t of property/casuahy Insumnce IhorwlH be secured lor the Properly.
72 3.3 FINANCING CONTINGENCIES. If Buyer Is final"lcing any portion of the Pun;hase Price, lhis lransaclion Is subject 10 tho following financing
73 contingencies: (1) Buyer and the Properly 10 quality fo, lhe IOllll from lendor: (2) lender's Appraisal shall not ba loss than Ihe'Pwchase Price; and,
74 (3) Olhe, (Ol'tscrJbe): See A
75
16 All Financing Conllngrmaes <Ire solely lor Buya(s bonefit and may be waived by Buyer In wrillng al ROy Ilme
77 3.4 FAILURE OF FINANCING CONnNGENCIES. " Buyer ,ecolves aclual nolificalion that any Financing Conlingendas Identlfied abo....a have
78 failed orolhelWlse cannol occur. BUY6f and Sellershail have _ business days (IWO (2) If 1'01 nUed In) followIng the day of such nolificalion 10
79 ellha, (a) Tefmlnale Ihls lronsaclion by $lgnln9 A Tefmlnalibn Agreemenl (OREF.057) or such olher similet lo/m as may be plovlded by E.se/ow. or
60 (b) r~each a wrillon mutual agreement upon such price and lerms Ihal Will pS(mlllhls transacllon 10 continue. Neither Sellar nor Buyer Is ISQulred
81 under Ihe preceding pro....lslon (bl to roach such agreomanl.lf (i1) or (b) fall 10 occur wllhtn tM time pO/lad idenUlled herein, thIs Iransaction shall be
82 aulomaUeally formlnaled end all eemesl money shlllt be prompuy raftJndcd If? Buye'. Buyer underSlllnds tf1alupon lelminalion of this Iransaelfon,
63 Saller shall have the rlghllo immediately place !he Property back rm !he rnalkellorsale upon any price and lelms as Seller determInes, in Sella(s
M 60le dIscretion.
65 4. ADDITIONAL PROVISIONS: Seller will COODor4to with slanina 8n Voluntllrv AnIl's lenl]th disclosure.
86 and anY other COlle rOlJUired sG~ler fo.au
67
66
89 FOI addilional plO....lsions. see Addendum
I Buye""ltl.l. ~_ Oale c;l. -Ql.-II_I ~
\
LINES WITH THIS SYMBOL t REQUIRE A SIGNATURE OF BUYER AND/OR SelLER AND DATE
Dale
n
ThiS (olm h;)~ h(!on 11;;~n~f-'j 10' us~ by K,hla Boll ~ololy tn ~':cold.Il\l:1l wilt! lhe TNlf\S (If ~fc~li(C pili Orc!lDfI r~i1al E!.IClle i'orfll5.lLC
~ Oregon Real Estate Forms. llC 11.0.... 01(11 No porllon may be leplt){Jut:eu WilrlQLlI ~xpress permission 01 DEegan Heal l..:sli.iIC FOllllS. llC
VACANT LAND REAL ESTATE SALE AGREEMENT" P~ge 2 of 9
p'.-d'/tW....1U'1'l'fO"'.l.'br ''l'lC.gll 1!i(/10 f,I\Ci/'lI,I"/'ll'lo.ld. f.~~~r.M'dl'CI"'1~1I0"i6 'e\WIUI.llUl'..'l.t.tol..'fD
G:r
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I Sa16 Agr6smsnlll" kb13111
90 5. TiTlE INSURANCE: Unless olhBlWise provIded herain,lhls lransaction ls'sobler.\ \D Buy~r's re\llew and allproval of a prelimInary Ullo rcspQrt
9t end Ihe rucorded CQvenenls, conditions and teSlrtct!ons ("the Report and CeaRS") showing Ihe condillon of Ulre 10 the Property. (II not fullV
92 onderslood, Bu)'ar should Immedlatoly contact tho 1111. lnsuraf1Co company for further Information or nok compelent log pi advice.
93 NQlthaf tho- ll~l1ng nor SeUlng Licensee Is qualified 10 advlso on specific:; InO:l1 or title Issues.) Upon slgnaturo ami acceploncc or this
94 Agreemenl by B~Br end Seller, Seller will, al Saller's sole expense, prompUy order the Report and Ge&Rs from an Oregon Illle insural'c&
95 company and.fumlsh thorn 10 BU~er. Upon receipt orlhe Report anti CC&R6, Buyer sliall have..-!.!L business days (Ova 15) If not filled In) within
96 wt1ich !o notify Seller, In Wrlllng;ol any mailers dlsclosad In the Report and Ce&Rs-which IS/are unacoeptable 10 Buyar ("the ObJecllonsM)" 8uyels
97 failure to IImely objec!. in wri1lng. 10 any mallors dIsclosed In Ihe: Report"and/of CeaRs shall conslilule acceplance 01 Ole Report andlor CC&Rs"
98 Howev81, Buyer'S failure 10 IImely Object shall no! reUityc Seller of Ihe duly 10 convey marl<olable tlUe pursuanllo Section a balow. If, wllhln _
99 business days (Ove 15) If nol Ollod In) following rocelpt of Ihe obJacllons, Ir ony, Selh~, falls to UlmOV8 or correcl tho maIlers Idenunad In Ihe
100 Objeclions. or does nOl91ve '!Io'lillen assurances fEJasonably sallslaclory 10 Buyar IhDllhey wlll be remollad or correded. all earnest money shall be
101 prompUy T1)rundttd to Buyer and Ihls IrensaeUon shall ba 100minall)d. ThIs conlingancy Is solely for Buyer's bflne/ll end may be waived by Buyer in
102 w,i1ing" Within Ihlrty (30) days aftor Clo:;ing, Selle, ahall furnish 10 Buyer an ownar's slandard form policy 0' Ulle insurance Insuring marketable IIlle
103 In lhe Property to Buyer in lhe amounl of (h(l purchasa priC(I, lien and clear of thl) Objections and All olher \Ilia o)rr.aplions agreed to be ramol/cd as
104 parloflhls lra'nsacUon, (Note: This Section 5 provides thot Salter_wlll_pey for Duyer's slandard owner's pOlicy of !We Insurarrce. (n somB
'05 (lreu -of Ihe' cOlJntf)'. slJch 8 pilymenl might ba regarded B5 a "-!leUer concession." Under (he amended Ratti Es,ale Senlamenl
106 Ptocedures Act f'RESPA"), effective on January 1, 20'0 Illcre lite Ilmltallons, regulations end dfsclo$uro fflqulrement$ on .511110r
107 concessions" U11les..s. the producr ar service paid by the Seifer was one ~~ paid by fhe Seller. In Oregon, set/e" cuslomarlly and
lOB routinely pay for thoft buyer's sr.ndatd owner's policy of t1ll0 lnsurance. Accordingly, unfoss tho terms of thIs Section $ Bro modifiod In
109 wrfrlng by Buy"r Bnd SolJer, Ihtl plltt/es acknowledge, agreo and so fnstrucl Escrow, that In this lransBcllan, 501l0r'6 payman! of Buyer's
110 standDrd owner's polley of ,trio Insurance Is 001 If "seifer (;onc:osslon~ undur RESPA or any other fedelsl or state law.)
111 6. DEED: Seller Ghall convey markelable ~Ue 10 the Properly by slalulory warranly deed (or good and suffielenl personal represenlalive's or
112 lruslce's or similar lagallidudffry's deed, where applicable) 'fea and clear of ;Jllllens of record, ~ pfoperty taxes which afe 8 lien bUI not yel
113 payabte, zoning ofdlnencos, bUilding and use reSlrlctlons, rCSBfYilUOnS in Federal palonls, easemenls (If record WhIch arreel Ihe PlOpetty,
11" covensnls, c;ondlUons and ,eslrlcllons of record, and those mattafs acr.apled by Buyor pursuanllo SectIon 5 abOve.
115 7, ADDITIONALLANO SALE CONTRACTfTRUST DEED/MORTGAGE/OPTION AGREEMENTS: " lhis transaction is 10 Include a land sale
116 conlraGl, \Jus! do~d, rnongago, or oplion agreament batween Buyor and Seller, lho parties shall agree upon the lerms Dnd ,..ondition5 01 such
117 documenl notlaler 1l1an_ lJU:llness days {Ien (10] if nol OIled In) after lhe dale Buyer end Seller neve signed end accepled this SaleAg(eemenl
118 Upon failure or Dllyefand Sl;IlIar to reach agleement ~s 10 {he terms and conditions of lhe document wllhln seld time period. Ihls transaCllon shall
119 automaUcat1y tennlnale, all pal1les .6hall coopef810 In signing such documer\lallon reasonably neC6ssary 10 ellect atorrnination ollhis Itlmsacllon
120 and a refund 01 aU deposits, jf any, 10 Buyer. Caveat: The addiUonaf documents fdtm(/fled In thfs Suction 7 can h8ve lefJa/fy bind/no
121 consequences, and Buyer end Sefler oro strongly encouraged to secure competent lega/advice bofore entering Into slIch 8fJreement$. If
122 Escrow (as defined In Seclfon 12) Is instruclod to preparo Ihe nale and trust deed Ot mortgage 10 be usod In Ih/s lransacllon, state
123 stafUle requires that Sf/yer and Seller recoive from Escrow, alleesl rhree (J) days prior 10 Closing (as del/nod In Section 13), a statutory
124 notice and a copy 01 the proposed documonts, Thfs requlremenl cannol bo wafved by Buyer or Seller wlthoul iliff approval 01 bolh of
125 Ihelr n:spectlve Qregon.J1cunsed allotneys.
126 B, SELLER REPRESENTATIONS: SobJoct to nlhur wrlttun dlsclosu(es made by Selle, as a par1 of this transaction, Soller makes \he
127 followIng roprescnlallons 10 Buyer:
12B (1) The Proporty Ii. served by Ich"ec/r all UI8t apply): 0 a pUblic sewor system: 0 an on.silo sowage syslonl; 0 .:l public wale, .syslem;
129 0 a private wolland/or shared wallj 0 othol (e.g., surface sptlngs, 015-\&'", elc,),
130 (2) The Proper1y will be In $ubstantllllly 11& preBonlcondlllon at Ihe limo Buyer Is entitled to possQsslon.
131 (3) Soli Dr has no notice of Bny lions or aS$o&smont!l to be levied agalnsl the Property,
132 (4) Sollor has no nollca from Dny gtwornmental agency of a condemnation, enlllronmenlal, zoning or slmllor procoedlng. 8xlstlng Of
133 planned, which (;ould dslrlmeotally atfocllhe Ulie, devolopment. or valuoof tho Property,
134 (5) Seller know5 of no motorial dofGcls In or aboulll1e Property,
135 (6) Seller has no notice from any governmenlal agoncy ot any vlolallon of law rolallnglo lhe Propsrty.
136 (7) Sellor has 110 knowl&dg6 of im~ or the follDwlng mattors affecling Ihe use or operallDn of Ihe Property: (al pDsl or presenl non.
137 rosource uses (e,g" cemolerles, landfill!>. dumps, elG.): (b) unrecordod -accoss. oasemonls o( agreements (c.g.. lor harv"sUno. fishing,
138 hunting, IIvo&tock movament and pasturo. elc,); Ie) slato or foderal agroemonfs/roQulremenls regarding crops. g(~l:Ing, refofutaUon,
139 olc,; Cd} 5uppl a roo monts, producUon processIng commltmants or other sImilar contract ,
~
WIES \'11111 TIllS SYMBOL t- REQUIRE A SIGNATURE Of BUYERANDIOR SELLER AND OATE
ThiS 101m hJs bEE111'r.oll'Cltl lor 1I~1J or Krlslfl Dnil FOt~r'f in 1I-:'~OJd(lncu w;lh 11;0 Tefm~ (If SllI"'kp. P\!I O/egoo Rei'll f.~llllr rNlO'.I.l.r.
tV Oregen Real E~lale Forms, LLC Rev 01111 No f,iol1ion m::!y be feproducotl wilhout expross pc/missIon of Oregon ROlil i:slale forms. LlG
VACANT LANO REAL ESTATE SALE AGRE[MENT. Po.gl3 3 or 0
P'''''''CIId ",VI ~lph~lIliJbr Illll~l' ISO?\) f"i~~.1l ;,!t1 At>.~'J. F",.~,..vj<.l~."4I1{1?G ~~
@
~~
I Sale AgrelJmem /I kb13111
1~O (8) Wol/($), walor source(s). and/or wale, dlsltletrosourccrs "0";6 boon ;IdaqU31o under Sollofs curronI usage of tho Property.
141 (9) Water rIghts (ll.g., Irrigation. agrlcullutall,1QI not less tl1an _ acres,have been utilized and applied for beneficial use within Iho
142 la61livc (5) years and are currant and shall be.transferred to Buyer al Closing. Water tlghl5 mpy be subJa!;t to certain condItions. Buyer
143 should verify compllilnco wllh apprcprlele agency.
144 (10) Sellor knows of no ma'.rlal discrepancies between visible lines of possession and ,use (such as exl~tlng fonces, hedgos.
145 landsGaplng, SlrUCIUfU, driveways. and other such rmprovemenl&l cornmtly e:dsltnl1 on the Property offered for sale and tho legal
1<16 dl!l5cripllon of the Propltrty,
14 7 (11) Seller 15 "l)ra "foreign parson" under tho Foreign InvGslmenlln Real Property Tax Act ("'FlRPTA") as dl!!Ot1ad In this A{]reemenl.
149 Sailor 'agro86 to promptly nollly Buyor, If prior 10 Closing. Soflor rOCGIVos actual notlco or any ovenl or candlllon which could result In
149 making any provlously dlscl05ed material lnrormallon 10 the Property substantially mlsl9adlng or Incorrect.. Thase
150 represontatlons.sfe made to the bost of Seller's knowlodge, Soller may have made no Invostlgatlons, Exceptions 10 lIoms (1J through (11)
151 .nre:
152
153 .B.llyJl:u.ckoQwln.dga.&.Jbat IhllllbnVA ~atign:i...ilm.n01...WJu:r.an1iuJ:Qij.acd.llJ.5l.!bJ:...Ja}wlU1oJ1.JUJbD...fIgWJ~[c.11Ola..s.uh..5Jllule
154 1nc.. .1lOIJnJJQJ.I-'lt. ~..mm .L4&J)wWb.J.l.Il)...kl...c~l.a...1hDUWJiIh ..and -,CllllJ;2.ID1e: Jru1iU1BndwllJnv.nUaallnn. Jncludlng lhIt.JJu...o1
155 IHDlanlDnllls wlloro ;!ODfDoda1ll...Lll.Q.imUng...all-mRterl:l1 matHt!L.b.narJno....on.thuondUlon...Q1..1ba..froJUlrb!....J.t.s...i'aueJ1lld.ils....5.ullabIlWDI
156 auy.er11nIJ:rn1Q.d IISP. Nf!lIher...ll1o..L.IUlng...opj Rfllllnr;lllcnn!lIlA ~h:tll h; r-A<;PJ:InsJhJ~dllr:llno Any In<;ppr:tlnn or InvAslilJAlInn of :II'\)!
157 a5PI1J::1s..oUhlLP.rO.P.EllY4
156 9. "AS.IS": E;\ccpt 'or SeUer's oxpress wri<<en aglllemenla dnd written represontallons contained heroin, If any. Buyor Js purchasing the
159 Property "AS.JS," in lis pre-sonl condition and with all defects appnrent or not apparent.
160' 10, PRIVATE WELL: It appllcabJe, Seller represenls thai Ihe prlvota water welllocilled IJn or serving Ihe Property has provided an adequate
161 supply 0' weier throLlghoullh& year for household use. To Ihe best of Seller's knowledgo, lhl) walorls m for human consumpllon and the canllnued
162 use ollho \'/811 and walar is authorized by and complies wilh thCt taws ollhe SI<Jte or Oregon and apptoprl31e govemmenltll 6gencles. No olher
163 r8prosonlation is made ooncemlng Ihe water supply, and well 8Kcepl os cxpressly staled In this A9reamenl. Illho woll providos walar 101 domeslic
164 purposes,. upon Seller's acceptance 01 Buyer's orrer, Sellor, at Seller's expense. wllll1ave Ihe well tesled for afsonlc, nilrales and 101~1 ooflform
165 baclerla end lor SUCh othcr mailers as ore rOqUlfOO by \he Oregon Health Division. Upon receipt, Seller shall submltlho tost rasulls 10 tho Orcgen
166 Health DlvJsion and Buyer within rony.erghl (016) hours. AI Buyal's expense. Buyer may have Itle well wa.ler 'e~led tor quantity or q1Jalily by a
167 qualincd losier, and obt~ln iJ Wllllen report of such IOSI{S}. showIng 1M deficlencle$ (It any) in the well and the slandalds required 10 corred tho
166 deficiencIes, ill! wllhln .A1..A.. busIness days (sevcnl1l irnot filted In)allerlho d31e BuyerancJSell9r have slgnad Ihls Agreomenl. IIlhe written repor1
169 01 allY lest rnBd9 by Buyer or Seller shows a subslantial deficioncy In quanllty or qualily of the waler, Buyer may lermlllalo lhis Iransactlon by
t70 delivering mlllen nnlice ollermination, 10gOlh(/( with a copy of Ihe lasl rapor\, 10 Seller 01lh8 listing liconsee within Iwenty.four (24) hOUHii allel Ihe
171 recelpl by Buyer ollho written tosl report unless, wilhln twenty.four (24) hours allor dellvery~ of nollce of termlnllllon, Soifer agroes in wrilin9 to
172 COlred Itle deficiencies shown on 1"'& 'opori. Any t1)port obtained by Buyor win show whElI dflficienc1es, If any, are subSlanilal, In U1e event any wells
173 localed upon the Proporty are nol curr8ntly regi~lered'wflh Ihe applicable goveromenlal tJgency, Sellor agr88$ 10 assisl Buyer, al Buyer's sole
114 expense, In leglslaring Ihent. The preceding senlCflce shall $urvlyo Closing of this I(ansaclloll. .See OREF Private Wen Addendum 11082. or
17S Adderodum is allactl9d to Ihls Agreement
176 0 OREF.082 Privalo Well Addendum Is aHached to this Agreemenl.
INSPECTIONS: (CHECK ONLY ONE BO~)
177 11. INSPECTIONS: Buyel undor&lands thai Ills advlsable 10 haye a complete Inspection of tho Property by quallned profes$fonal(s),
178 rolollng 10 such manors 3& 5011 condl~lonJ(;0~p8CllDn'stablllly, onvlronmenl"l Is&uos, survey, zonIng, t1v01l1abltlty of utllillos, .and
179 suitability for Buyor's Intllnded purpolnt. Nellh~, the listlng nor Soiling L1consee la quollfled 10 contJucl .such Insp.cttons and shall nel
180 bo rosponsible to do so. For furthor datalls, Buyer 1& ofJcoursQed to review the Buyor AdvlSOI)! at ..http;lIwww.ore~onreallor5,org" or at
181 ..http://www.rea.stato.or.us...
162 IX! PROFESSIONAL INSPECTIONS: Al Buyer's expense, Buyor may have InB Property and all elements and systems Ihflreol inspecled by
IB3 one or more professionals of Buyers choke. ProvIded, however, Buyer musl specifically idonlify in Ihis Agreement BOY dosired Inspacllons .....hlch
184 may include lesllng or removal of any por1lon of lito Proper1y Buyer undorSl...nds Ihal Buyar is responsible for tho rBstorellon Of the Proporty
,es foUowin9 anylnspecllonls)/I'lst{sl porformed by Buyar oron Buyet's bahnlf. Buyer .shall havo -1!L buslno5s days (ten (10) if nol fi1Jcdln), after Ihe
106 dale Buyer and SeUer have signed \h;s AgreamDnl, (herelnarlel ~the Im,pec\lon PQriOd~) in which 10 complele all inspections and negotial8 wilh
187 Seller regatdlng any malters disclosed In aoy Insp9cUon report. However. during the Inspcctlon Period, Seller shall nol be required 10 modify any
~ 'erWestBankB: .
I BUYlJr Inilials ~L- Dale ,;;L -i).r. , Cl ~ Sellerlnllials t:r /
LINES wm, 'I"'; ';YMBOl f REQUIRE ^ SIGNATURE OF RUYER AND/OR SELI.ER AND DATE pee a Assets Of1l!tfff OOR
TI1,s I(Hf" ha~ bt'lJn II~c;'~r.li r(lf liS'" b\:I(llslil Oolf It,',:>I;- l~ '~':l'ord~tl'e wilh jh~ TO/Il1-:; of Sorvice pl-f Orogrm flr3r Estale (..l':II!;. LlC
@OregonReal Eslotte Forms, LLC Rev 01111 No pOf\ion /Ilay bo reproducE!O wl1houl e:cpTess pa/mlssion or Olegon Real Eslaltl Forms, LI.C
VACANT LAND REAL ESTA1E SALE AGP.EEMENT. Pago 4 of 9
p't'dllGOO ,,~Il z1pFQlml'bl1'pL~;. 16')70 ',ft.'tn 1.1,10;0 Huld. r,,,,,,~/. M..th~~ll 480<'6 'tI"KtUl/:'LL-d,uwu
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I S810 Agreomonlll 1cb13111
'''6 lenns ollhfs Agreement already reached wlth Buyer. Unless a WfiltenaflCl signed modIfication Is reached. at allY time during Ihe rnspecUon Pt'lnolJ.
189 Buyer may noUfy Seller or Listing LIcensee. In wrillny, of Buyer's unconditional disapproval ollhe Property based on any fnspecllon repents). In
190 which case, all Bemesl m(lney deposits shall bo p.omplly reFunded and !hIs tlansacUon shall be lermlnaled. Buyor shaU prompUy provide 8 copy of
191 all reports 10 Sellar only If requested-by SeUer, If Buyer falls lo-provldo Soller or listing LIcensee wllh wrltton unconditional disapproval of
192 any Inspection report(s) by Midnight of the flnal day of Ihe Inspection Purlod, Buyer shall be deomed 10 have acceptod tho candlllon of
193 Ihe Property.
19~ 0 ALTERNATIVE INSPECTION PROCEDURES: OREF~D58 PROFESSIONAL INSPECTION ADDENDUM OR OTHER INSPECTION
195 ADDENDUM Is' attached to Ihls Agreement
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197
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o BUYER'S' WAIVER OF INSPECTION OF CONTINGENCY: Buyer fOpr\lSents to Seller and all lIC{jnsees and Firms Ihal BtJyer Is ftlny
sallsfied with Ihe condillon of Ihe Property and all elemonts and syslems thelBof and kno.w!ng4t..and..YDJunJadl)r alocls (0 waive Ihe right 10 have
any Inspections performod CIS a contingency 10 Ihe Closing or Iho lransacUon. Buyor's ell:lclton to waIve Ih& righl of inspection Is solely Buyers
decision and 81 Buyal's own I1sk,
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12, ESCROW; lhl, trannello" shall bo Closed 01 Seller5 Choice
("Escrow"), a neutral os crow localed In tho State of Orogon, Costs of Escrow shall be sharod oqually botwocn Buyor and Seller, unloss
othcrwlu plovldod herein, Unless olherwise provided herein, Ihe partIes agree as follows: Seller authorizes L1sling Firm to Older a preliminary
lille report and ownar's mla policy al Seller's expense Bnd further aulhorizcs Escrow 10 pay oul of the cash proceed9 or salG Ihe expense 01
furnIshIng suck policy, Seller's recordIng fees, Soll&I's Closing co,ts Gnd any encumbrance3 on Ihe Property payable by Sallel on 01 berore
Closing. Buyer Shell dopasl' wjlh Escrow suUicionllunds necessary 10 pay Buye(s recording lees, Buyar"s Closing cost6, and lenda,'s reos, II any,
Real asla!e lees, commissions or 011'10' compensallon lor professional real eslelo services provIded by listing andlor Selling FIllTls shall be paid al
Closing hI 8ccoldanco wllh Ihe listing agreemOflt, l:myel sorvice agreement or olher ..willen agleement lor compensallon.
13, CLOSING: ClosIng shall occur on a dale mutually agreed upon by Buyer and Soller, but In no event latar
than AUQust31, 2011 ("'the Closing Oetldllnc"), The lerms "Closed", "Closing" or "Closing Oalo" shall mnn when the deed or
contract Is rocolded and runds aro avallablo to Sollel. Buyer and Sailor acknowlodge Ulat ror Closing 10 occur by 1I11! Closing Deadline. 1t
may be neceutlry to execute documents and deposit funds In Escrow prior to that datc. .caVll:a.t~.l..aboY_D..nuzu1u.5.lb[U_(.3.L.~
pM; In th" Crn~jnn Deanl'tlP[f F"crow 1:0; In plnnar" a 'lilt" :lnri fl rlQlld of /1>>:<>1 or mnrtongs.
14. POSSESSION: Seller shall deliver possession oflha Property to Buyer (selact one):
(1)00 by 5:00 p.m. on Closing;
(2) 0 by 0 a.m. 0 p.m. _ days sllor Closing;
(3) 0 by Oa.m.Op.m.onthe_ day or
15. PRORATIONS: Pro'r03les ror renls, currant yoar's laJlles, lnlerosl on assumed obllgatfons. and other propaid 8)(paOS(lS attributabl8 to Ihe
Properly shall bo 8301: (Ch6ck one) fXl the Closing Dale; 0 date Buyer is enllUt'd 10 possession; or 0
1&. ESCROW DEPOSJT: Escrow Is hAreby Inslruoled by Buyet and Saller as ro)lows, (1) UpOIl your recelpl 01 a copy or Ihis Agleement m3tked
~18Iocted~ by Sellar or of listing firm's wrlUen advIce Ihallhe offer Is -reiflcted~ by Seller, you. are to lofund aU lJamesl money 10 Buycr. (21 Upon
'your recelpl 01 a copy ollhis Agreement signed b~ Buyt'r and Sellor sal up iln esclow aCCDunl and proceed with Closing In accordance: wllh the
lemls or Ihls Agreement II you delermina Ihallhl:l lransaclfon cannol bl:l Closed for any reason (whethol or nollhe(8 Is Iholl a dispu!.<;t between
Buyer and Sellel). you tire 10 hold al1earnesl mone)"deposils Ullm you receive wrlllon inslruclions from Buyer and Seller, or a final ruling from a
court or arbitralor. as to dlsposlllon or such deposlls.
17. EARNEST MONEY PAYMENT/REFUND: II (1) Seller does nol approve Ihls A9reomenl; or (2) ScHer sIgns and itcceplslhls Agreefflonl but
rails 10 furnish marl.iolable IIUe; or (3) Seller rails 10 complele lhls transaclion In accordance wilh this Agreoment. or perform any other ac! as herein
provided; or (4) any condilion whlth Buyer has made an eMpress conllng(lncy in Ihis Agroemenl (and has not been otherwise waived) falls lhrough
no faull or Buyer. then ell earnest money shall be promplly Ildunded 10 Buyor. However, acceptance by Buyer 01 Iho refund shall flol oonsll\ulo a
waiver of other logal rem6dles available (0 Buyat. If SeUer signs and ac.cepts Ihis Agreement and Iillc Is marke\abl~: af1d (1) Buyer har.
nllsrl!pmSOnh~d Buyer's finandalslatus: or (2) Buyer's bank does nol pay. when presonted, any cheCk given as sarnest mooey; 01 (3) Buyer fails 10
redeem. when dUe, any nole given as earnest motley: or (4) Buyer fBlls 10 complele this transaction in acc.oruance wllh \his Agreemont, or perform
Bny olher Bct es hetoln provided, then nIl eamesl money paid or agroed to bo paid shall be paid 10 5elh)! eUher ill> liquidated damages or as
olherVJise allowod undolOregon law, and this lrans3clion shall be terminated. It Is Iho Intentlon of tho parties Ih::lt Seller's sole remedy <lgalnsl
Buyer for Duyel's failure io Clos.e thIs transaation s"all bo IImlled 10 lha smounl of earnDS' money j)Qle, or ~re(Je tp be paid horeln.
<>+I\\- mlerwe ~an^ tl\ :
I BuyarlnlUats~/_Dalo ::J---C).-/{I ~ Seflollnillls . I Dalal'
LINES WITH THIS SYMBOL to REOUIRE A SIGNATURE OF BUYER AND/OR SEllER AND OAT pee I Assets om
lhi:;.lo!m ha$loocn Ikensnd rOIUSO by KII~1ol 8011 sOlnly'n ,,~(.oroal1(.1) wilh!ho rl!'fm~ 01 Servke psr Of ligon If.:!:!l EsIRIl~ F'lrm~.q~F.
:!J Oregon Reat (slalo FOf1\l$, LlC Rev 01111 No portIon may be roplOOIJCad wi'houl t'xprBss permIssion 01 OregDn Real Eslale Fotms,llC
VACANT lAND REAL ESTATE SAlE AGREEMENT. Page 5 019
I'fOll"...u-lJ"'.....I.,.fQ<m>)LIy loJ>l.o~" lW7fJ Fl'lo~" '-lie H<>.JlJ, Fr..... ,'rJI;yo"~Illl;>tj uo\'W~lcw.u;~
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I SaleAgreemantll kb131U
235 18. BINDING EFFECT/CONSENT: This Agreement Is binding ,upon the hel~. personnl represenlaU....o:;:, succassors and assigns of Buyer and
.236 Seller. However, Buyer's rlghl~ UO'!8r this Agr!Jement or in the P10peny 8ro 1101 assignable w11houl prior written consenl 01 Seller.
237 19. SELLER ADVISORY: TAX WrrHHOLDING OBLIGATIONS: Sellar Is advIsed thai upon ClosIng, Federal and Stale taw may require
238 Escrow 10 withhold a pot1ion of Seller's proceods. UnClet FeClorallaw, the Foreign Invesll1'lonlln Real-Property Tax Atl rFIRPlA"1 requires eVarY
239 person who purchases real property localed wllhln Ihe United Slales from B "rOfolgn person~ to deduct and wllhhold from Seller's proceeds len
240 porcenl (10%) of U1C glOSS silles price, w1111 car1a1n ellcapUons. and 10 pay Ihe emounl withheld 10 Ihe Irlternal Revenue Se.rvIce. A "'foreIgn person- .
241 Includes a noo.resldent alien Individual, forelQII corporolloll. toreign parl.narshlp, lorelgn lrust and rorelgn eslate. AddillonaBy. subleCI 10 cort&in
242 exceptions, Escrow is requIred 10 wUhhold e portIon of Seller's proceeds if they are 8 non./osidonllndMdual or COl1>OlalJon 8S defined undor
243 Or8gon IllW_ Buyer and Soller agree to OllBCUle and deliver, 05 appropriate. i1ny lnslrumanl, allidDVil or 51alemenl, end 10 perform any aelS
244 reasonable or necessary 10 carry out lhe provisions of FIRPTA or QlogO" law.lf Selle' is a foreign pelSon as defined by FIRPTA, or 8 non-residenl
245 individual Qr corporallon as da~ned under Orogon lilW, Buver and Seller InsllUcl ESCfOW 10 take all necessary stops 10 com[lly IherBwllh.
246 20, APPROVED USES: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DI51RICl
247 PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO' LAND USE LAWS AND REGULATIONS, THAT. IN FARM OR FOREST
24& ZONES, MAY NOT AUTHORIZE CONSTRUCTIO~ OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR
249 FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE. SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON
250 TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS. IF ANY, UNDER GRS 195.300. 19S.301 AND 11i5.305 TO
251 195.335 AND SECTIONS 5 TO 11, CHAPTER 424. OREGON LAWS 2007. AND SECTIONS 2 TO 9 AND 11. CHAPTER 855. OREGON LAWS
252 2009. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK
253 WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF lAND BEING 'TRANSFERRED IS A
2511 lAWFUll Y ESTABLISHED LOT OR PARCEL. AS DEFINED IN ORS 02,010 OR 2~5.010, TO VERIFY THE APPROVED USES OF TIlE lOT OR
255 PARCEl, TO VERIFy 1HE EXISTENCE OF FIRE PROTECTION FDA STRUCTURES AND TO INOUIRE ABOUT THE RIGHTS OF
256 NEIGHBORING PROPERTY OWNERS, IF Ar-N, ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 6 TO 11, CHAPTER 42<1.
257 OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17. CHAPTER 855, OREGON LAWS 2009.
258 21. IRe 1031 EXCHANGE: In the evenl Buyet or Sellet elecls 10 complelo an IRC t031 exchango In lhls lrnnsactlon, Ih13 olt\Gr party agrees 10
259 coope.ale with lhem, and the accommodator, if any. in a manner necessary.lo coml11!fte Ihe exchaflge. so long as II will flol delay Iha Close of
260 escrem or cause adt.llUo/lal exponM or U<lblllly 10 t"e cooporallng party. Unless olherwlse provldod herein, Ihis provision sl1all nol bacome a
261 conl1noency 10 tha Closlrig of this lransacUon.
262 22. LEVY OF ADDITIONAL PROPERTY TAX~S: The Proparty; rc:/ieck ons) 0 Is. IXl Is not sper:ially assessed for property taxes (e.g., lanTI,
263 forest or other) In 9 way whh:::h may rOSL/IIln levy 01 addlUooal taXes In O'Ie lulule. II tr is spedeliy esses$ed. Seller represents ihallhlJ Property Is
264 currant as 10 Incomo or atMer conditions required 10 proservo ils defefled 18/1 status, If, as it rcsull of Buyers acllons or lhe Closing of thIs
265 113nsaclion. Ino Property cilher Is dlsqualilied from special use 6sSIJssmenl or loses lis l1eleftod property lax slalus. unless otherwise speciOcalfy
286 provided in this Ag/eemenl. Buysr shllll bo responsible for and shall pay when dua. any dof'3rted Mdfor oddition<allnXGS Dnd inlemsl which mny be
267 levied agi:lioslthe Proper1y and shall /lold Seller complelely harmless lherefrom However. if liS a result of SeUer's aClions prior 10 Closrng, Ihe
268 Properly uHner Is d16QuallJied Itom lis onUlIemonllO spade I u~a aSRessmont or 10505 ils defaTled properly tax slalus, Buyor m<ly, at Bu)'ar's sole
269 opllon, promplly lennlnate Ihls ltansacUon and fOcaive e refund of ail depos!ls paid by Buyer In anliclpaUon 01 Closing: or Close this lrans-acl!on and
270 hold Seller responsibl8 10 pay Inlo Escrow aU deterred and/or addlllonallaxos and Inleresl which may be le...ied or ,oc.aplutod agalnsl the Property
271 end sholl hold Buysr complelely harmleas therefrom. Tho pleced]ng shall 1'101 be com.lruad 10 limll Buyer's or SE:lle,'s available remodlos or
272 damages arisIng trom a breach of Ulis SeeUon 22_
DlsPU,TE RESOLUTION INVOLVING BUYERS 'AND 'SELLERS ONLY
273 23_ DISPUTE RESOLUTION BETWEEN BUYER AND SELLER: Buyer end Seller agree Ihal al] claims, controyerslos end disputes between
274 them. including lhose IOf rescission (heroln<lfler colleclively referred 10 as .CI8Im$~), faInting direclly or indireclly to Ihls ltansBcllon, shall be
275 resolved in accordance with lhe p,ocedutes sel forth heroin, which shall Dxprossly survive Closing or earlier termInation 01 lhls Agreement
276 Provided, howevet, the rollowl"9 mailers shari not consUlulo Claims: (1) Bny proceeding 10 collect. Interpret or onforco any morlgilge,lrusl deed.
277 land sell.' CQlllracl or' recorded consltuctlon lien: or (2) a forcible cnlry and delalnet sellon toYlCUon). Tha filing in cour! for the issuance of any
276 prOvisional process Ot similar remody described In the Oregon or Federal Rulos of Civn Procedure shall nol conslilllle a waiver af the righl or dIlly
279 10 uli11ze the dispUlt lesolution procedure.s specified hereIn,
280 24. SMALL CLAIMS BETWEEN BUVER ANn SELLER: NOlwithslanding the following Seclions, Buyur and Solie' C1grae lhat aU Claims lhal are
281 wllhln the lutisdicllon of the Small Claims COUrt shall be brought and decided Ihere. in lieu or medialion, arbitration or IUlgallon In any olher fOtum
I BUyarlnillaIS~_D1)18~-&-lq ~ Sellerlnilh:1I '
LINES WITH THIS SYMBOL t REQUIAE A SiGNATURE OF BUYERANO/QR SElI.ER AND DATE
Thi~ lorl'\'l h(l~ tJllOf\ ~cllnsNf 10f uso b)' Krlsla Boll ,olel)' In BrCQrrfal1CO wilh lhll Terms 01 SL'lVlco ~C, Orogon Rem F.~llI/Q FC\rrn~. U ('
It) OrcgOtl Real Estate FOlms. LlC Rov 01111 No panlon may be TOproduced wiihoul e~j:lress pormis&ion of Oregon Real Eslale Form~, lLC
VACANT lAND REAL ESTATE SALE AGREEMENT - Pago 6 or 9
P'Dfl"",,""',lu.tJpFOll'n<lltly t,plogl. 16010 F.he'l ~Ue Ro,,", Frne'.l.IlfJ~'9;,"4PlJ2' ,.,"IIW..lIt"~"allIl
@
Sale Agrnemenlll kb131n
282 25. MEDIATION BETWEEN BUYER AND SELLER: II Buyol or Seller \Vere representod in this IransQcUon by a LIcensee whose principal
283 broker is 11 member or the National Assoclalfon 01 REAL TORS 'iI . 811 Claims shall be submllled 10 mediation In accordanr;e wilh tho procedures ol1he
'264 Home SellerfHome B\I)'t1r Dispulo RosoluUon System 01 Ihe Nallonal Assodatlon of REAlTORSf), or olherotganlzaUon.adopled medi..tion
285 program(c:ollcclJ'foIV ~lhe SyslemM}. Pro...lded; hO\vevef,'1f licen,eo's principal broker Is 001 a member 01 U1B Nalional AssocioUon of REALTORS"
286 at rho Syslem Is nolavallable through Ihe princlpal"broker's Assoclal1on of. REALTORS.f), Ihen all Claims shell be submitted 10 medlallon either
281 ItllOugh: (1) tho sp'oclal madlallon program admlnlsle.red by,Arbllral/on Servlcu 01 Por1land ("ASP"), Of (2) ony oUler Impar11al 'Pllvata medialoi(s) or
288 program(s) so long as such serVicos are available Inlhe CQunl)' where the Property Is located, as selected by (he party 1i.lSt ~lIn9lor medlallon.
289 26. ARBITRATION BE.TWEEN BUYER AND SELLER: AU Claims .between Buyer and Sellar that, have nol been resolved by mediation. or
290 olherwise, shan be submillad 10 final nnd binding privale arbltrallon In accordance with Oregon taws. FlUng for arbltr81l0n shall bo lreelod Iho same
291 as tiling in court for purposes of meeUng en)' applicable statulas of IImltatrun or (or plupoaes of lillng a lis pondons. Buyer of Seller may file ClaIms
2S2 either with ASP or, allemallvely, wllh ;:rnv other professional arbllraUon ser\ltce Ihal has 6l(isting rules 01 arbil1allon, provided lhal lhe selecled
293 ellernaUve service also uses arbilralors whO Me in good slandlng with tho Otegon Slale Ber, with oxper1lse In real oslalo law and WhD can conducl
294 lhe hoarlng In the coonly whete the Property Is, loealed. The Blbllratlon $(!,....ice in which the Claim Is firs I filed shan hanells !he ca,e 10 lis
295 conclusIon. BY CONSENTINO TO THIS PROVISION BUYER AND SELLER ARE AGREEING THAT DISPUTES ARISING UNDER THIS
296 AGREEMENT SHALL BE HEARD AND DECIDED BY ONE OR MORE NEUTRAL ARBITRATORS AND BUYER AND SELLER ARE GIVING UP
297 TBe RIGHT TO HAVE THE MATTER TRIED BY A JUDGE OR JURY" THE RtGHT TO APPEAL AN ARBITRATION DECISION IS LIMITED
298 UNDER OREGON LAW,
299 27. ATTORNEY FEES IN CLAIMS BETWEEN eUYER AND SELLER: the prevailing par1y in any suil, eellon or erbllralJon (excludlng lhose
300 Claims filod II') Srllall ClaIms Court) between Buyer end SeUer sha~ be enllUed \0 recovery or all reasonable 8110rnBY fees nnd CDsls end
301 dlsbursamanlS e6 denned In ORCP 68 (including aU nllng and medlalor fOBS paid In medialion). Provided, howovar, If a modlalfoll .service wa~
302 avaf1able 10 Buyat or Seller whon Ihe Claim arc.se. !ho provaiflng p&r1y shall nol be enllUed to any 8werd 01 ollomey fees unless Ills esl8bltsh~d 10
303 Ihe salisfaclion ollhB ilrbllralor/s) or Judge that the preva\llng party cite red or ill)reod In wriUng to participate in medialloo prior 10, or promplly upon,
304 Iha tiling In alblttallon 01 court.
DISPUTE RESOLUTIO,N INVOLVING LICENSEES OR FIRMS
305 28. SMALL CLAIMS COURT AND ARBITRATION: An claims, controversies or dispulos relallng 10 thIs Iransadion, Including Ihose for
306 rescission, In which a licensee or Firm ldenlinod in Ihe Final Agency .Acknowlodgment Section above Is named or Included as a party, sholl be
307 resolved exclusIvely as fallows; (1) Uwllhin the JUrlsdlcUonal Umit of Small Claims Court, Ihe IllCJlIer shen be brought and docided lhere.ln lieu of
30n iubllrallon Of mtgallon In any Olher rorum. (2) All olhBr clelms, contfOverSlflS or dlspules invo1v1n9 such licensee or Firm shaD be resolved Ihrough
309 linal and binding ertJltlnlion using the nrbilralion selection process C1esc/lbc:d in Seclion 26 above. Filing for arbtlration !Shall.be Irealed the same
310 os filing In court for purposes of rnoeling any applicable :ltalules of IimJlallon or tOf purpOl'll$ of nnng a 115 pendens. This SecUon 28 shall be in l1fl'U
311 of IlUgallon Involying such licensee or Firm In any olhe( forum. Such Ucensee or FIrm may volun(arily partIcIpate In fonnol or lol01mal medialion al
312 any lime, bur shall no! be required 10 do so undor thfs Section 28. ThIS SacHon 28 shan not apply 10 Ihose mal1erti In Which: (a) The daim,
313 conlfoversy or dispute Is eXClusively between REAL TORS~ and Is olhofWlso required to be resolved under the Professional Slandards ArbllraUon
314 provisIons of Inn Nallonal Assoclallon of REAL TORS fl; {bllk:enso8 or Firm has agreed (0 participate in allernallye di'Spule lesoluUon In e prior
315 .....rillen listing, servIce or lee Bgreemenl wllh Buyer or Seller, or (c) UCllnsee or Firm Is Buyer or Seller In Ihls transactiOn (In which case. Seclions
316 23.27 shall epply). lhfs Section 28 shall Ell(prassly survive Closing or earlier lern1innUon of this Agmomenl. In tho evunt thai one or more
317 LIcensees and/ot FIrms have been named or Included In any claims, conlroversloti or dlspulOS that alsD include Buyer and/or Seller, tho
318 alternative dispute resolullon and lIttorney fee prOViSions of Sections 2)-21 abovo shall conllnua to apply loBuy(!randfor5uller.3nd this
319 Section 26 shall apply oxcluslvoly 10 Llcons8Qs andlor Firms.
320 29. RECEIPT FOR EARNEST MONEY: Selling Firm aCknowledges receipt 01 earnest monoy lrom Buyer In the SUm of S 100.00
321 ovldencod by (cl,sr;k one)- 0 CASH 0 CHECK (Xl PROMISSORY NOTE payable as follows:
322 0 ----,----0 busIness 0 cal9nd.:rr days (chock one) aller mulual acceplanc!) of Ihls Agreement: or
323 tIIonorberore M;,.V'O '011 ,_,
3:N 0 Olher fOlm of E.:rfRe$( Money:
I BUyorln"'.'s~,_oal. ;;;z.-.?l.-ILI
LINES WITH THIS SYMBOL f- REOUIRE A SIGNATURE OF BUYER Af-JOfOR SEllER AND DATE
Dala
ssets OfficeI'REF 008
Thi~ tc~m has beuIlllCOll51ld 1m me hI' Krl\ln OnJrsotflly in ~cr;ordnl'lCIl \vilh ~l!llerms or SIlNk_O' pel Oiegol'l Real Eslalo Forms, l.lC
,1) Oregon Real Estate Forms.llC Rev 01111 No portion may bo repmducuu without eJlpress pmmlsslon of Oregon Htlill ESJate Forlll~. LLC
VACANT lAND REAl. ESTATE SALE AGREEMENT. Pagl1 7 of9
P/[1.l(y(('d",'lh ~'l:forrrt'l'lIy !'\'lll)!Jl'_ 160-1U F,(M:n ,#~ Ro~d. fllse,. ~\I:.lllg~l\~eOlo _......zillLo;u.Wll
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=
I Sale Ag'eem~"l" kb13111
325 30.. EARNEST MONEY INSTRUCTIONS: Buyer instructs Selllng Firm, and Selling Firm agrees. 10 handla the earnesl money as fOUOW5
326 (check ulJ I/la' sppty):
327 0 Hold any ear~l money Ihat is In,tlle rorm ar 8 cMCk undeposlled pending mutual acceptance of U'lls Agreement and all agreed-upon cOLlnler
328 0(far5,_ after _which Urns deposl1 It a6 provided heroIn w1lhln three (3) banking daY$. fi] Deposil any eafnosl money funds rvdeomed under a
329 promissory 0010 wllh.Coldwol1 Bl!Inker Pro West . iii Deposit in Selling Firm's cllonllrusl account. and
330 Ih<Jreafter/Ol 00 Deposit with Escrow. In the evenl Ihe:l;mrneSrlllonoy Is deposUed In Selling Firm's IN,I account or with E60'OW (collectively -'he
331 Dopasn Holdor"). oncl'lho Deposit Holder has arranged 10 "have IntofC&1 on such deposillmnslonad to a quanfted publfc benGfil oorporallon fOI
332 dlslrlbullQn 10 organlzaUons end lfldlvilluaJs for nrsl lime. home-buvlng assislance and development 01 .alTordable housing pursuant 10 ORS
3J3 696.241(6) or ORS 696.578(3), alT parties acknowfedgo and Bgree thai .any interest accruing gO thu esmest money so deposited shall be
334 transferred In accord.mce wllh this provision. The preceding sentence shall be sublect 10 any other stalutes or rogutalions governing the
335 disposition at earnest mOM)' deposits.
336 SElLING LICENSEE AND SELLING FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO EARNEST MONEY WHICH THE
331 PARTIES HAVE AUTHOR/ZED TO BE TRANSFERRED TO A THIRD PARTY.
'3.
399
Coldw911 Banker Pro WWR~
, Sell"g Firm
~
Selling lIcenseo Signature
340 Office Address 190 Oak Street n, Aehland. OR 97520
Phone ,5<10 U 482-5590
FAX /541\482-4290
341 31. COUNTERPARTS/DELIVERY: This AlIreemllnl may be slgnad In mulUple counlorpl:lr1S with Ihe sam9 199al effecl as if aU patties signed Ihe
342 sume document. This 6hall mean Ihal delivery (c.O., lransmlsslon~ mpnually, by facsifnilo. electronic mail. overnight mall, lilsklsss regular Of
343 certified mail, elc.) 01 a legible [fue copy 01 a signed origInal of Ihls ^greemenl, including bol nOlllmlled to aU addendn. counlar oHers. and legal
344 nollces fequired Ihert!VIlder. shall be Irealed the same as delivery 01 'he origInal documen!.
345 32. AGREEMENT TO PURCHA~E: Buyer agrees to purchase the Property upon the torms and conditions set forth In this A.grooment.
3016 Buyer acknowlodges receipt of a complotely 'Jllod In copy 01 this Agreement which Buyer hilS lully read and undcrstand5. Buy"
347 acknowledges thai Buy~r has not relied upon any olaf or wrltton statomonls made by Seller or nny Licensee whIch are not 9l(pressly
348 conlalnod In this Agreement. Neither Sellcr nor a,..y L1censce(s) warrant the squarQ (oolage QI any r.tructure or the sbe of any land bolng
349 purchased. If square 'ootaUe or tand size Is a material considerallon, all structuros and land should be measured by Buyer prIor to
350 signing or should be made sn express contingency In this Agruamerlt.
35' Oeed or conlr3ct shell be prepared In Ihe name of ACCF.SS tne
:lS2 This ofrer shatl aUlomalicaUyel<'pb'e on (insoTt dalo) Feb 8. 2011
353 not RcC(!plod by Olat lime.
.,
.
o a.rn.(X1 p.m.. (the 'Offer Deadllne-). If
35'
355
356
'57
Buyer may wllhdraw this offer belore Ihe Olfer Ocar.lllno any time prior 10 Soller's occepUlnce. Ir SeUer accepls this ofler aflel the Offer Deadllno, fl
shall 1"101 be binding upon BUYllr unless accepled by Buyer In writing wlltlln ~ busina~s lIays (two 12J II nolliUed in! Onot 1I,!) dala 01 ScflB"s
acceplan . 0 IOfjlcallng al So 35 below. This offor may bo accoptad by Sellel Ollly in wrillllg.
. D.le r:;z -;9...-1 {
Buyer
.__Q.,",~~m.~
35'
Buyer
Dale
.__a.m._p.m....
359 Addu,ss PO Box 4fi66
Medford
OR lip 91501
360
P!mnsHoma (541.,7744:319
.woik
E-maIl
Fall
361
362
This offer was submllled to Saller 'or signalure On tho third day of Februarv
By
.2011 .aINoon.,m._ pm,
(llcen6ee{s) presenting oller).
~
I Buyerlnltlal' '_D.'e ~-;l.~(~1
tiNES WITH Tl11S SYMBOL +- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE
~
This lorn\ tillS beM lican11'1tl 'or use by KriSl3 Dolf ~ololy Irlllr.GOrdAnCt1 with llle TOlr05 01 SIIW/r.O pHr Or9g0n Real Eslale Forms.llC
Il) Dragon Real I::Sl810 Form~. llC Ru\! 01111 No portion may be roproduced wilholJ( oxpu;ss p:!f1niSSFOn of OI6!]1h\ HUlIl (;.slalu Forms, LlC
VACANT LAND REAL ESTATE SALE AGREEMENl . Page 8 cl9
p,oa..eod ....idl ."pFQm'ltIb)' ,oploll'r 1dOlt1 fifl,,~n l.','e I~~d. f"'Ut. ~\v.I~'n ~'Q7' wl(oI'..vliLDQ:.I;.{orn
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I Sale Agreemenl# kh13111
363 33. AGREEMENT TO SELL I ACKNOWLEDGEMENTS I DISPOSITION OF EARNEST MONEY. Seller m:.c..II:pis Buyer'(i offer. Seller
364 acknowledges receIpt of a complatoly fillod.ln copy of this Agreemont, whIch Sollor has fully read and undersland5l. Sollar
365 acknowledges that Sellor has not relied upon any oral or wlllIen statements of Buyor or 01 any lIcenuo(sl which are not'exprossly
36B contaIned In "this Agtooment. Soller Instructs Ihol all earnosl money dlslrlbuteble 10 Soller punUllnl to Section IT above, shl!lll be
367 disbursed as follows after deduction of-any Uti. Insurance and E6crow cancollatlon charges: (check one) 0 Flrsl to Listing Firm 10 the
388 edenlc'the Dgreed commission lust as If the t~nsBctlon had been Closed. With residue 10 Sellor, or 0
369
310 Seller
Data
.__a.m._p.m.~
Premiei West Bank
371
Seller
Dale
.__II.m._run.~
372
373
Address
Phone Home
Zip
Wort;
E.mall
F..
374 34. REJECTION/COUNTER OFFER: SELECT ONE: )(setler does nol acc13pl 'he abovo orrer. but makes Ihe allBched .,auntef orfer;
375 o Sellerre!ecls Buyer's offer. ,IL ~ ..'
:rIll? Sen., (J'{/l)/WlIO ~.... OO'...:J ,/:), 1/ .__.,m,_p,m,~
W" Pr~er West B""a
317 S.II., SpBclal ASSBtS OfflcAr Dol. '__ o,m. _ o,m,~
378 Address
Zip
379 Phone Homo
Work
E.mall
Fa'
380
381
382
35. BUYER'S ACKNOWLEDGMENT: Buyer acknowledges recolpl of a copy of Sollor's wrlllen rasponse 10 IIlfs AgreemenL ". Se~ fesponse
Is an accepli1nce of B:uyer'u offer that occurred after 'tie Offer Deadline Idenlified al Section 32 Dbove. Buyer (ssJ6cl O(l/Y one) (1r9grees 0 does
not agro bound Iher .JT lUre to check ellh'or bo.x shall constllule r~jeCitlon of Soller's ac;ceptonco ofter tho Offer Deadline.)
Date tJ-.-/t.-1 ( ,_lt2o,m_p.m~
383
,__a.m._p.m.+-
384
Dalo
38.
388
36. FIRMS/LICENSEES:
SemngLlcenSel!Kri~tl'l. Rolf'
Selling FI(m Coldwpll RAnknt' PYo WAst
387 SellJngFlrmOfficaAddress 190 Oak 'Street Itl. A!lhland. OR 97520
388
Phone 1541l4.a'-S590
FAX (541)482-4290
Selllng Flml Principal Btoker InlUels/Date
Usl1ngFirm Coldwell Bank.er Pro West:-
389 lisling licensee Rick Harris
390 listing Finn Office Addres9
381
Phone
FAX
listing Fi(m Principal BlOkof InlUalsJDale
Dale
I Buyer fniliafs _ _ Dele ~
LINES WITH THIS SYMBOL to REOUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE
N) II
Special Assets OffllllffEF 008
This 101m ha5 been tk:M!>1ld la' usa by Krisla (loll SO!8Iy in aCl:oldancQ will'! 1)18 Tarms 01 Servlco parO/agon Real E5lDlo Form', LtC
@Oregon Real Estate Forn,s, llC Rov 01/11 No portillO may be reproduced wll1l0U\ expfess permiSSIon 01 Oregon Heal Eslale FUllns, LLC
VACANT LAND REAL ESTATE SALE AGREEMEfH. Page 9 019
Pl'01:l~c~t1 wiU'"loIlfIl1dI!obV7<pl~... llSa/Ofll'lun 1.\,:, Roll". r'IoSt,.l.tl(I1:gJII~1l016 W~"'01U1IO
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ADDENDUM TO REAL ESTATE SALE AGREEMENT
1
2
J
4
This is an Addendum 10: 00 Real Eslale Sala .Agreement
Re. Real Eslall3 Sale Agreunl811t No. khl::!111 Dalfld
Buyer: ACCESS. lne
SeRer: Premier Nest Blink
o Seller's Counter Olrer 0 Buyer's Counter OHer
MtJendUITI No.
5 The fllal property described 8S:
6 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED
7 ABOVE.
8 Thia offer 1s contingent upon:
9
10 1, "Buyer receivinq City of Ashland 2011 Cit.y Developml?nt Block Grant award by May 9, 2011
11
12 2. Earnest money to be deposited after notice of receipt of CDBG award, and contingent upon
13 buyer's approv~l of the CDBG fundinQ conditions on or boioro Mav 20, 2011, and said funds shall
14 APplv towards tile saleS! price.
15 At any time prior to notification from City of Ashland of Duyer receivinq the CDBG awa~d. buyer
16 may termdnate this tran~action and neither party shall have anny further clai~ against each
17 other.
18
19 3. Remaininq funds to close 3ball be provided bv the City ot A3bland Mho is the adminstrator
20 of tho HOD cone funds.
21
22 4. Close of escrow 19 AUQU3t 31. 2011. but in the event that any conditions required hv the
23 cnBG grant the buyer miqht need additional time in which to complete, Seller aqrees to extend
24 the Close of escrow for an addition&l 90 days.
25
26
5. Contin Bnt u on ro art
raisin for till al to or: reater than the urcha80 rico
29
Buyer Signa lure
ACCESS.
Buyor SlgmllUle
oa,e;;l.-;;1.--{ ( ,
a:m p.m. ~
27
Dale
a.m. _ p.m. ~
a.m~~
a.rn.~p.m.f-
2a. ~el!9r Slg~olUte
'V' pr
30 Seller Sionaruro
or Wast Bank
"a \SS
0.1. ;),/;/)/11
cer
Dillo
31 Selling Licensee Kxista Bolf
Llliling licensee Rick Harria
32 Selling Firm Broker's Inilials/Dale
listing FIrm Urokar"s Inilials/Dale
This toml hilS been llcen~od for IISQ by K,;sl:J Brlllsotaly In accorditncQ wilh Ihe Tl.IfmS or StNiC8 Pllt OlegonReal ESIJllJ fClms,llC
~Oregon Real Eslale Forms, lLC R6Y 01/09
Nu portion may be rep/ouucet! wllhoul e~pres5 p':l1f1lISS;On of Oregon Real Estate Farms, LLC
QHEf" 002
pago _ 01 _ Pages
PlDduo:.ld..Uhl;pFomlilbjJoplci,1;' lllOrn"l~~.'l""". AD.1d.I........1,lol.l.II'..Il<lllD?6 .Il:tio'LllDLu;o..t.C!l1
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I Sale Agroemsnlll kb 13111
Al:ldendum
PROMISSORY NOTE FOR EARNEST MONEY
1 Buyer(s) ACCESS. Inc
2 Sollor(s). PreJOie"r West Bank
3 Property Address
4 Buyer(s): ACCESS. Inc
5 lolnUy and saveranv promise 10 pay to (setect only 0118 pl1yOQ):
6 0 Rear E&latll Firm:
7 IX] SeUer(s); Pr(Oo.Jllier Wost Bank
9
8 IhosumofSlOO 00
11
Upon ,edemption of this prcmlssory nole, londs shalllJa made paY<lbla 10 (selact only OliO):
10
11
12
13 21
,.
IS
16 3)
17
10
'9 4)
20
21 51
22
23 6)
24
25
26
27
'26 Buyor
29
30
31
00 Real Esl;.d!t Firm Trust Account: Coldwell Banker Pro WI'Hlt.
05eller(s):
o EscrowtTille Company:
This Nole Is due and pa~'abllJ (select only one due dare):
o
o buslnoss 0 calendar (Se/ecI one) days aller mutual acceplanco ollhB Real Estale Sale Agreemont
liD on or before
Mll.v?O. ?011
11 lhls Nola is not paid whon due, Buyer(s) 5tHIII pay Inlerasl allM ralc ar len percenl(10%) per annum on the unpaid balance from the
due dele unllllt Is pal" In lull. BUYER(S) UNOERSTANO(S} THAT TIME 15 OF THE ESSENCE, ANO THAT THE FAILURE TO PAY
THIS NOTE WHEN DUE, MAY CONSTITUTE A DEFAULT UNDER THE REAL ESTATE SALE AGREEMENT WITH SELLER.
" Real Estate Ann Is named as tha payee Of Ihls Note, end Nola is not paid when due, BUYfor(s) hereby r.onscnl(s) 10 Real Estale Firm
assigning. and transferring i1to Seller(s) for nil purposes IndUdlng collectJon.
This Nole Is hereby IncorpornleCllnlo and made a pan of \he: Real ESla\(f SaIl] Agreement between Soll!er{sl and Ouyer(sl. In lhe event 0'
ariy disp".lo tlelwflen MId pnrties, Ihe medlaUon. arbl1ralion and allomey fee provls!ons therein shall expressly apply
II p2lymenl/s not made on or beroro Ihe duo dale, Buyar(s),lIndersland that Principal Broker is iflstrucled by Sello/Is) 10 promplly i1llslgn
and transfer thIs Nole to Sel1cr(s}, WllhOut reCOUrse, and for aU purposes, Including collectiOn. II is expressly ufldarstood and agreed Ihal
neilher Principal Broker nor PrincIpal Broker's E=lrm, lis owners, o/licers ot dlfOClo/s. licensees, emploYflQS 01 roproscnlalivBs shall have
any dUly (fiduciary or olhnrwise). responsibiUlY or llebill1y 10 Sellerls} 10 enforce cotlecliofl of the Nole, not lor any lacs 01 ..osls associaled
ther wlltl.
Boyer
+-
Dale ;}..--;;1.-(
+-
~ Saller
Dale
Selling lIc6nsee Krista Bolf
L1stlng licenseD Rir:lc H<'lrd I:
Solllng Finn coldwell Banker Pro West
listing FIrm Caldwell Banko.: Pro West
lhls larm hilS bun lICensed lor tJso tit Krislll Boll s('l~el)' In aceo/dance >'lith !he Ter."s 01 SCf\lici! per OFel)On Real E5lilla Form5.llC
LINES WITH nlls SYMBOL fo REQUIRE A SIGNATURE AND DATE
.;tl Drcgon Hoar Eslato Forms.,LlC Rev Q1/10
Na pUr1ion may he reproduced wilhoul express porml~slol1 01 OrcQon Re",l Eslale Forms, llC
P'OihI(L......M ~jpFa"n.""b't "rot."!:'. ll\l)10 F"'..~ ~11.. Ho"d. f,.....'. M<.n.gll" U,Ol{,
Princlpal AW',o.Of"S InilJ::.ls..w
Dale
OREf 060
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@
~
I Sale Agreamenlll K813111
1
2
3
4
SELLER'S COUNTER OFFER No. ONE
This Is 8 counter offer 10 1KI Sate Agreement Of 0 Buyer's Counler Offer
Seller: PremierWest Bank
Buyer: ACCESS, Inc.
The real property described as: 2272 Dollarhide Lot. Ashland. OR 97520
5
6
7
B
9
10
11
12
13
14
15
16
17
16
,.
20
21
22
23
24
~
AGREEMENT TO SELL:
Seller agrees to sell the teal and personal proporty upon the terms and condItions sellorth In the Sale Agreement and subsequent counler alters
where applicable. ~ as modified as follows: Soller may continue to offer sub;Qct oropertv for sale. subioct
to a 48 hour continaoncv aareemont. attached 85 Addendum "C", If buver is not able to proceed
unon receipt of written notice of an accented offer. this offer shall be cons1dorud "terminated"
and neithor Dartv Dhnll have any further claim aaainst each other Sub;act oropartv 15 sold in
"as is". "where is" condition. with all faults. For additional provisions, see Addendum
All remaIning terms and conditions of the Sale Agreement (and olher counter oHer{s). where applicable). not otherwise modllled, are
approved and accepted by Seller. TIme Is oflheessence. this Seller'sCounterOlfershal1 aulomalicallyexpl1e on February 18, 2011 at
~ Da.m. ~ p.m. ("the CounterOffer Deadllns-), if not accepted within Ihatlime. II Suyer accepts this Seller's CounferOffer aftel Ihe Counler
Oller Deadline, 11 shall not be binding upon Saller unless agreed to by Seller In writlng wilhin _ business days (two (2)11 not filled in) thereafter
by so Indicating at the Sellel's Acknowledgement Section below. This Seller's Counter orfer may be accepted by Guyer only in wriling. However,
Seller may withdraw this counter offer any time prior 10 Buyer's wrlllen acceptance.
Seller acknowledges receIpt of a completely tilled In copy 01 Buyer's Oller and Seller's Counter Offer, and all subsequent counter offers where
applicable, which Seller has fully read and understands. Seller acknowledges that Seller has not relied on any oral or wrlllen statements of Bny
Buyer or 01 any Ucensee(s) whIch are flat expressly contaIned In the Sale Agreement as amended. Seller instructs lhat all earnesl money
disfributeble to Seller ~suantlo the Sate Agreement shall be dIsbursed 8S follows after deduction of any IIlIe Insurance and Escrow cancellation
charges: (check one) U Firsllo Listing Firm, 10 the extent-.of the agreed commissIon Just as it the transacUon had been consummated, with
residue 10 Seller; or 00 As ~er the l.isting aareernent
.__..m.~
.__a.m._ p.mC:!
Seller Signature
Date
(
orWO:llt Bank
26
Seller Signature
Date
27
28
29
30
31
32
33
BUJ&'R'S RESPONSE (select only one):
IEf Buyer accepts Seller's Counler Offer.
B Buyer does nat accept Seller's Counter DNer AND submils the allached Duyer's CauntarOtler.
Buyer rejects SeUer's Counler Oner.
Buyer acknowledges rece1pt ot signed copIes 01 the Sale Agreement and all subsequent counter offers including this Seller's Counter Oller, where
applicable, which B as lully read a Uti r nds.
01-1b - If
,--/12 a.m. _ p.m[Q
'__ a.rn,_ p.mC:)
Buyer Signature
Dale
34
Buyer Signature
Dale
35 SELLER'S ACKNOWLEDGMENT:
36 Seller acknowledges receIpt of copies of Ihe Sale Agreement and all subsequent counter offers, including Ihis Seller's Counter Olfer, which Seller
37 has lully read and understands. If Buyer's response 10 Seller's Countor Oftar Is an acceptance Ihat has occurred aller the Counter Oller Deadline
38 Identlfied In the Agreemenlto San Section above, Seller (sefect only one} 0 agre8s Ddoes nol agree, 10 be bound thereby, (The failure to
39 check either box shall constltuto a rejecllon by Seller Dr Buyar's acceplance 01 Seller's Counter Offer alter said deadline.)
40 Seller Signature Date, _ _ a.m. _ p.m[Q
PremierWcst Bank
41
Senet Slgnalure
Date
,__ a.m._ p.mr=
42 RECEIPT OF EARNEST MONEY
43 (Use only it amount of earnost money is modified).
44 Selling Firm acknowledges receiptor earnest money from Buyer NOT prevIousfy receipted tor In the sum of $ evidenced 0 by cash,
45 Dcheck, 0 promissory nole payable on or belore , which Selllllg Firm agrees 10 handle RS provld~d In Ihe Agreement.
46 Selling Licensee's signature
47 SeDing licensee Krista Bolf and Rick. Harris
48 Selling Firm Brokel's InilialslDate
listing licensee Rick Harris and Krista Bolf
Listing Firm Broker's IniUalslDate
This 'arm ha'S been Ilcans~d lor use by Rick Harris solely In accordancE! wllh the Terms 01 SerVIce pSf Orogon Real ES1(llo Fo,m5. lLC
LINES WITH TillS SYMBOlt:l REOUIRE A SIGNATURE OF BUYEFl AND/OR SELLER AND DATE
@Oregon Real Estate Forms, llC Rev 01/10 No portion may be reproduced without express permission 01 Oregon Aeal Estate Forms, llC
OREF.003
Puxluc"cr\..;!h lipForm8l byl'plOt:b 18070 Alteen ''',le P.oad, Fraser. '.!ictL'llan 48026 WIoW ~inl nn;~ C1lm
@
Sale Agreement # K813111
Addendum "c"
024 Hour 1X148 Hour 072 Hour 0 _ Hour Contingency Agreement
1 Buyer(s) A~~F.SS Inc
2 50110'(5) PremierWest Bank
3 Property Address 2272 Dollarhide Lot Ashland. OR 97520
4
S
6
7
8
ITlS AGREEO THAT:
1. The contingency of the Real Estate Sale Agreemenllo \'Jhlch thls~. HO~R CONTINGENCY AGREEMENT applies Is:
Receipt ot Community DeVe~~gment Block Grant (CDBGl award fro~ the City or Ashland for purchase of
property by~oU1 10, ~O'1--seller understands that actual funding is duo on or boforo August 31,
and may be subioJt to a 90-dav extension for delavs in meetlnq fundinQ conditions.
this
2011
9 lhls contingency Is solely lor the benent 01 Buyer and may be waived only by Buyer.
10 2. Soller reserves the righllo conl1nuo 10 a.dverllse and actIvely saHell other offers to purchase the property while this Agreement Is In eltecl. If
11 the contingency has not been removed In wri\ing by Buyer by HAY 10, 2011 (date), the Real Estate Sale Agreement may
12 be terminated by the wrlUen notice ot either party.
13 3. If Seller receives anolher acceptable olfer 10 purchase the property prior 10 thIs Buyer's written removal ollhe conUngency described above,
14 SeUer shail notily Buyer 01 (he acceptance 01 the other olfer, and Buyer shall have 48 hours arter receipt ollhal notice within which to
15 remove Ihls con!lngency In wrillng.
16 If Buyer falls to removo the contingency In wrlllng during the 48 hour perfod,1he Real Eslate Sale Agreement shalf
17 automatically termInate without further act 01 the parties,
18 (8) Delivery of notice lrom Seiler 10: ACCSSS, Inc. clo Krista Bolt
19 at the following address: 190 Oak Street 11 Ashland, OR 97520
20 shail constitute delivery of notice to Buyer.
21 (b) Delivery of notice trom Buyer 10: PremierHest Bank c/o RiC!k Harris
22 at Ihe foltoYAng address: 190 Oak Street #1 Ashland OR 97520
23 shan consUlute delivery of notice to Seller.
24 4. AI Buyer's sole opllon, Buyer may remove this conllngency In writing at any time. If Buyer elects 10 remove the contingency before Ills mel,
25 Buyer shall demonslrale to Seiler's reasonable sat/slacllon Ihat Buyer is able \0 consummale Ihe sale Iransactlon In a Umely manner
26 as specified in the Real Eslate Salo Agreement
27 5. If the contingency requires a sale 01 Buyer's property, this _ HOUR CONTINGENCY AGREEMENT shall conllnue In eNecl untillhe dale
28 specified In Paragraph 2 or unlil a Real Eslate Sale Agreement on thai properly has been entered 1nlo, whichever occurs first. II Buyer
29 receives an acceptable oHer for Buyer's property, and if Buyor delivers wrillan noUce 01 it 10 Seller, the _ hour contingency portion of
30 this agreemenl shall be satisfied; the Real Estate Sale Agreement, however, shall continue to be contingent upon the closing 01 Buyer's sule.
31 6. If Buyer chooses \0 removo the conllngency with respect to the sale of Buyer's properly WITHOUT having enlered Inlo 8 Real Eslaie Sale
32 Agreement 00 thai property, Buyer's lender shall provide a lellar stating that Buyer eppears to qualily for the loan, whelher or not a sale on
33 Buyer's property has been consummaled. II such a letter is not delivered to Seifer wllhin _ busIness days alter this contingency has been
34 removed by Buyer, Seller may elect 10 termlnala the Real Eslale Sale Agreement
35 7. II the Employment Contract between Seifer and listing Broker on Ihe subject property expires prior 10 the dale ollha expiration of the
36 contingency specllled in Paragraph 2, Seller shall cause the Employmenl Conlracllo be extended unlilthe ell,pim!lon or the conlfngency.
37 Seller shall execute a Multiple Ustfng Service Chango Order Form 10 that etfecl.
36 8. Addltlonal provisions: In the event Buver chooses to remove tho continqency on lines 6-8 early, Buyer ahall
39 have one business dav after removal to show Droof of C3nh to close esC!row end ahall close within 30
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~ HOUSING AUTHORITY OF JACKSON COUNTY
ff 2251 TABLE ROCK ROAD MEDFORD OR 97501
rt AJ C
'" ~ PH/TDD (541) 779-5785 FAX (541) 857-1118
February 17, 2011
Gary Miller
Executive Director
ACCESS, Inc,
PO Box 4666
Medford, OR 9750]
Dear Mr. Miller,
The l'lousing Authority of Jackson County is pleased to offer its support to the ACCESS proposed
affordable housing project in Ashland, Oregon. As the l'lousing Authority for Jackson County,
we are acutely aware ofthe shortage of affordable housing available to low-income households
within this region. The addition of these 6 units, would be a welcomed addition to the Ashland
community.
The Housing Authority recognizes ACCESS as a key partner in the provision of affordable
housing and the promotion of self-sufficiency for the clients we serve. We applaud yoIII'
continuing efforts to build decent, safe and affordable housing and urge the City of Ashland to
'award the necessary funding for this project.
Sincerely,
~"\Z._I_,
}t-,~ t<J .~\
Scott Foster
, Executive Director
.
ACCESS, Inc.
Housing Staff Profile
Cynthia "Cindy" Dyer - Housing Director
Ms. Dyer has worked for the Agency for more than 20 years; during this time she has
administered weatherization programs, homeowner rehabilitation programs, and has developed
over 220 units of affordable housing. Her current responsibilities include oversight and
management of the Housing Department which includes affordable housing development,
property management and maintenance, weatherization. energy education and management of
the Southern Oregon Housing Resource Center. She supervises the comprehensive housing
counseling efforts including pre/post purchase, delinquency, default and loss mitigation
counseling. Ms. Dyer is a licensed property manager in the State of Oregon. She has
personally and professionally managed rental housing and has successfully completed training
in the areas of property management, real estate law, home valuation, contractor law, Fair
Housing and Housing Quality Standards (HQS). She also holds certifications as a Housing
Developrnent Finance Professional, Housing Counselor, Occupancy Specialist, Financial
Manager, Credit Compliance Professional, Lead Renovator and as an instructor in the delivery
in the state-approved horne ownership curriculum "ABC's of Homebuying". She has been
responsible for writing, rnonitoring and administering numerous federal, state, local and private
grants.
Merry Hart - Development Coordinator
Ms, Hart has been employed by ACCESS, Inc. since 2000. She came to us with over fifteen
year's experience in the lending industry and now has over fifteen years experience
coordinating the development of non-profit, low-income housing projects in Oregon. Her
previous position was with the Community Development Corporation in Albany, where she held
the position of Executive Director. Ms. Hart is very knowledgeable in construction practices
including building codes, ordinances, site identification, financial feasibility and all other aspects
of the developrnent process, Ms. Hart takes the lead in the general over site of each
development project, including design, concept, grant coordination and writing, contract
administration and procurement practices specific to each development including bid solicitation,
contractor selection, reports and correspondence. Ms, Hart has also completed Fair Housing,
Housing Quality Standards and various development training courses over the years,
Pamela Balero-Property Manager
Ms, Balero has been with ACCESS since 2007. She is responsible for interpreting and
enforcing governrnent regulations, laws, rules. and guidelines. and evaluating conformity with
said provisions, She is also responsible for providing technical assistance and supervision to
the front-line property management staff, Her responsibilities include, tenant eligibility, leasing,
re-certifications, maintaining the wait lists, collecting rents, coordination of resident services,
tenant lease and policy enforcement, maintenance and storage of records, and adhering to all
reporting requirements. She helps applicants for housing as well as taking phone calls and
dispensing information about our housing programs and referrals to our other Agency
departments. Ms. Balero has completed property management training in the areas of Fair
Housing, landlordrrenant law, Mediation, and Evictions. Ms. Balero holds certifications as a
Certified Occupancy Specialist and Certified Compliance Manager for Tax Credit Programs.
Mike Davis - Maintenance Supervisor
Mike has been with ACCESS facilitating and supervising the maintenance of all the ACCESS
buildings since 1999, He has an Associate's degree in Business, and has training in a variety of
specific areas that provide a unique background for this position. He has worked with
contractors building and remodeling homes, has been trained in Housing Quality Standards
, (HQS), lead Based Paint renovations, Asbestos and Hazardous waste. Mike is a California
licensed tree trimming contractor safety and is trained and has worked as an Emergency
Medical Technician (EMT)
Resident Services Coordination (RSC) is a support system designed to help low and
moderate income residents find and access services which help them address their individual
household needs, The ACCESS staff connect residents to existing services in the community,
which is a means to help them deal effectively with the financial strain that often threatens their
housing situation. Over-time the RSC has helped to reduce turnover rates, fill vacancies and
generally provide families with the support needed in maintaining stable housing,
Other program support personnel include maintenance crew members, on-site property
managers, information and referral specialists, recreation coordinators, and inter-departmental
coordination and support when necessary.
CITY OF ASHLAND
2011 Proqram Year
CDBG APPLICATION CHECKLIST
In order to determine cornpliance with all applicable HUD regulations and to help
to ensure that projects will be eligible for CDBG funding, the City of Ashland will
need to address all HUD requirements. The purpose of this checklist is to point
out areas where potential problems could arise. Obviously, this is a
cornprehensive list, which must evaluate a wide array of different kinds of
proposals. Therefore, not every item will be applicable to every project. Please
fill it out entirely indicating all items which are not applicable and include it
as part of your proposal application.
A. Aoolicant's Backaround Yes No N/A
1. Is the applicant a legal non-profit organization or unit y'
of novernrnent?
2. Do the proposed clients or users of the project meet y'
HUD Income Guidelines (see oaoe 10 for ouidelines)?
3. Does applicant have the capability to maintain written y'
income documentation?
4, Has the applicant made a legal or financial ./
comrnitment to a orooosed oroiect?
5, Is the applicant primarily a religious organization? y'
6. Has the applicant administered a CDBG project y'
oreviouslv?
7, Is your agency willing and able to provide all required ./
reports and accountability to the City as required by
HUD?
B. ProTect Location and Land Use Issues Yes No N/A
1, Has a location for the project been selected? ./
2, Is the proposed project within the Ashland City y' .
limits?
3, Does the proposed project meet local zoning and y'
land use laws?
4. Are any land use permits such as a Site Review, y'
partition, annexation or Conditional Use Permit ,
renuired?
5. Have these approvals been obtained? y'
6. Does the project comply with current building code y'
requirements?
7, Does the project meet handicapped accessibility ./
requirements?
25
C. Environmental Issues Yes No N/A
1, ' Is the project located in the 1 OO-year floodplain? ./
2. Is a wetland located on the project site? ./
3. Has any environmental contamination been identified V-
on the project site?
4, Has asbestos been identified on the project site? V-
5, If project involves an exiting structure. was it built ./
1978 or earlier? If year built is known, please specify.
6, Is the proposed project located on a major arterial or ./
near the railroad?
7, Is the proposed project located adjacent to an above ./
ground flammable storage tank?
8, Does the proposed project involve a structure that is ./
50 years or older?
9, Will the applicant complete a Phase I environmental ./
review upon receiving a CDBG award?
D. Labor Requirements Yes No N/A
1. Does the project involve construction over $2,000 in V-
cost?
2. Will the project trigger Davis-Bacon wage ./
requirements?
3, Will the project trigger BOll wage requirements? ./
4, Does the project involve over $18,703 in City ./
awarded qrants or contracts?
E. Disfllacement and Relocation Yes No N/A
1, Will tenants be displaced by the project? ./
2. Will a business be displaced by the project? V-
3, Will housing units be demolished or converted? ./
F. Prol'ertl' Data Yes No N/A
1, Does the applicant own the property by fee simple V-
title?
2, Are taxes on the property current? ./
3, Is insurance current? ./
4, What is the current debt against the property? ./
5, What is the current use of the property? Empty Lot
6, Has an appraisal on the property been conducted? ./
If yes, what is the assessed value of the property?
26
Form A-1
To be completed for Development or Rehabilitation Proposals
Housin Pro osals
',"C',',';'~\;"YActiitit "",""'"
'~~~~ia,~l~~;~;,i'lU;\\\',ii
o tion
Site Ac uisition
Plan Develo ment'
Pre-application
land Use A roval
Construction Plans
Final Bids
Contractor Selection
Building Permits
6rahfii '" licatii:in~<'
local
state
federal
Non- overnment
other
LoanA'" liCations>
Construction loan
Permanent
C6nslructionPh'iisll'" ,,', ,,'
Construction 11/12 6/13
Certificate of Occu anc 6/13
Please provide your best (realistic) date estimates regarding the project
schedule
2/15/11
8/31/11
8/31/11
2/11
8/12
9/12
9/11
9/12
9/12
10/12
4/12 '
10/12
10/12
9/12
6/13
27
Form B-1
To be completed for Development or Rehabilitation Proposals
Uses of Funding
Housina Proposals
Total Cost CDBG Request Other Source(s)
ACQuisition Costs -,
Land 135,000 134,900 100
Improvements 793,068 793,068
Liens and other Taxes
Closing costs 1,000 1,000
Off-Site costs
Other
SUBTOTAL 929,068 135,900 793,168
Development Costs
Land Use Approvals 1,000 500 500
Building Permits/fees 24,100 24,100
(Include Engineering and
Community Development Fees)
System Development Charges 30,625 Deferred
(SDCs)
Relocation Costs
Environmental Report I Lead 1,500 1,500
Based Paint Clearance
Soils Report
Su rvey 2,000 2,000
Marketing 500 500
Insurance 300 300
Other
Fees
ArchitecturallE ngineering 40,000 40,000
Legal/Accounting 5,000 5,000
Appraisals 2,000 2,000
Lender fees 2,000 2,000
Construction Loan
Permanent Loan 2,000 2,000
Tax Credit Fees
Developer Fee 130,000 130,000
Consultant Fee
Other
TOTAL 1,170,093 166,000 973,468*
* Deferred Ashland SDC's of $30,625 not included in this total
29
Form C
SOURCE(S) OF FUNDS FOR OPERATING EXPENSES WORKSHEET
Completeness of this worksheet establishes the capacity of the organization to
sustain the operations of the prograrn(s).
Sources Secured Conditional Tentative Commitment
(awarded with Date
conditions)
Federal Grants
State Grants 893,468 8/2012
Local Grants 166,000 4/2011
Non Governmental
Grants
Donations/Gifts
Applicant 750 + staff 2/2011
Contribution commitment
for grant
applications
Program Income
Loans 80.000 10/2012
Other (specify) 30,625
SDC Deferral
Other (specify)
TOTAL 750+ 1,170,093
Please provide a description the timeline of loan and grant application dates as
related to the proposed project. Specifically, for any tentative funding sources
please provide application dates, award dates and funding availability dates.
The State of Oregon has an annual funding application cycle with requests due in mid April each
Yea... We plan on applying in the 2012 round with award announcements in August 2012, The
Funding would then become available after completion of the conditions. usually within 3 months
After award,
) )
Form D
DISCLOSURE OF INTERESTS
To assist the City of Ashland in determining whether there may be a potential
conflict of interest related to the expenditure of Community Development Block
Grant funds we request the following information be provided by applicants:
ORGANIZATION NAME: ACCESS, Inc.
Organization is: 1. Corporation ( )
2. Non-Profit 501C3 (,I' )
3, Partnership ( )
4. Sole Owner ( )
5, Association ( )
6. Other ( )
DISCLOSURE QUESTIONS
If additional space is necessary, please attach a separate sheet.
1. State the names of each "employee" of the City of Ashland having a financial or personal
interest in the above mentioned "organization" or project proposed,
Name, Job Tille and City Department
NfA
2, State the name(s) of any current or prior elected or appointed "official". of the City of Ashland
having a potential "financial interest" in the organization or project.
NamefTitle
NfA
3, Provide the names of each "board membe(' of the Organization seeking CDBG funding
Name Board. Commission. or Committee (may be attached as a separate Sheet)
1 See attached sheet
2
3
4
5
6
7
8
9
10
11
12
additional
If the applicant has provided names in question 1 or 2, please provide details
regarding any known potential conflicts of interest in an attached narrative,
32
NAME & ADDRESS E.MAIL PHONE & FAX TERM POSITION/OCCUPATION
Cartmel, Bruce BruoeCartmel@Bolse8uilding,com 776.6709 OFFICE 2011 Chair
Boise Cascade 778-2198 CELL 2 year Business Communilv Reo.
PO Box 100 831-0180 HOME Boise Cascade
Medford, OR 97501 776-6618 FAX
Watt, John john@jwatt.com 779-0036 OFFICE 2010 Chair Elect
J.w.A. Inc., LLC 941-3129 CELL 2 year Business Communilv'Reo.
PO Box 4661 779.3455 HOME JWA, Inc., LLC
Medford, OR 97501 779.3455 FAX
Davis, Cathie cathied@charter.net 779-9513 HOME 2010 Vice Chair
2035 Grey Eagle Drive 2 year Cons!iluencv Grouo Served Reo.
Medford, OR 97501 West Medford Communitv
Huycke, Pat pgh@medfordlaw,net 772-1977 OFFICE 2011 Secretary/Treasurer
823 Alder Creek Drive 261-1472 CELL 2 year Cons!iluencv GrouP Served Reo,
Medford, OR 97504 773.8076 HOME Kids Unlimited
772.3443 FAX Board of Directors
WIlliams, Ken kgwep@emparqmail,com 261-2418 CELL 2011 Past Chair
241 S, Obenchain Road 826-2649 HOME 3 year Constituency Grouo Served Reo.
Eaale Point, OR 97524 R.V. Workforce Develoo. Council
Brown, Julie j.brown@rvtd,org 608.2413 OFFICE 2011 Constituency Grouo Served Reo.
R.V.T.D, 601-1840 CELL 2 year Rogue Valley Transit District
3200 Crater Lake Avenue 776-9120 HOME
Medford, OR 97504 773-2877 FAX
Kuntz, Jim cpkjail@jeffnet.org - 821-4201 CELL 2011 Elected/Apoointed Public Official Reo.
522 Park 770-5515 HOME 2 year Medford Cily Council
Medford, OR 97501
Miller, Ed edslirefactory@edstirefactory.com 779.3421 OFFICE 2012 Business Community Reo.
2660 Country Park Lane 944-5172 CELL 3 year Ed's Tire Factory
Medford, OR 97504 772-1285 HOME
779-1305 FAX
Patterson, James L. accessjlp@aol.com 776.6959 OFFICE 2012 Elected/Aooointed Public Official Rep
789 Mountain View Drive 944.5727 CELL 3 year Medford Urban Renewal Agency
Medford, OR 97504 776,6959 FAX
Richardson, Dennis rep,dennisrichardson@slate.or.us 665-9203 HOME 2011 Elected/Aooointed Public Official Reo
55 South 5ili St 601-0083 OFFICE 3 year State Representative
Central Point, OR 97502 664-6625 FAX
-
Shapiro, Steve Harlowe40@msn.com 482-6638 HOME 2012 Business Community Reo,
7122 Highway 66 951.3010 CELL 3 year Retired
Ashland, OR 97520 482-0230 FAX
Singletary, Grady 9sin9Ietary@mailtribune,com. 776-4403 OFFICE 2010 Business Community Reo.
111 North Fir 774-1828 HOME 3 year Mail Tribune
Medford, OR 97501 776-4415 FAX
Strosser, Bob bobs@cbproweSl.com 773-6868 OFFICE 2010 Elected/Aooointed Public OffICial Reo
1301 Poplar Drive 773-7586 HOME 3 year Medford Cily Council
Medford, OR 97504 779-3192 FAX
Williams, Hank hankhope@msn.com 944-0066 CELL 2010 Elected/Aopointed Public Official Reo
1009 Steamboat Drive 664-1497 HOME 2 year Mayor of Central Point
Central Point, OR 97502
vacant 2010 Constituency Grouo Served ReD,
2 year
ACCESS, INC. BOARD ROSTER
212~/2011 252 PM
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
March 23, 2011
CALL TO ORDER
Chair Regina Ayars called the meeting to order at 4:30 p,m, at the Council Chambers located at 1175 East Main SI.
Ashland. OR 97520,
Commissioners Present: Council Liaison .
Jody Waters Mike Morris
Regina Ayars
Barb Barasa Staff Present:
Ben Scott Linda Reid. Housinq Specialist
Richard Billin Carolyn SChwendener, Account Clerk
Nikki Pons
Commissioners Absent:
James Dills, excused
APPROVAL OF MINUTES
BillinlScott mls to approve the minutes of the February 23, 2011 regular Housing Commission meeting. Voice
Vote: All Ayars, The minutes were approved as presented,
PUBLIC FORUM
Sherry Smilo, who lives at the Tolman Creek Park, the manufactured home park located at 215 Tolman spoke. Ms,
Smilo shared her concerns regarding the proposed pathway from Clay Street to Tolman Creek Road, She does not
want to see any new walking paths or Streets by their homes as it creates more noise, litter and light pollution, Ms,
Smilo said the traffic is already overwhelming and the residents at the park do not need to deal with any more.
Barasa suggested that Ms Smilo contact Jim Olson in the pubiic works department to discuss any traffic studies
that have been done, It might help her case if she had some data to support her ciaim,
TGM GRANT APPLICATION-NORMAL AVE NEIGHBORHOOD PLAN
Brandon Goldman, City of Ashland Senior Planner. explained the Transportation Growth Management (TMG)
application, At their March 1, 2011 meeting the City Council directed staff to prepare an application for the TGM
program to fund the preparation of an area plan for the North Normal Avenue neighborhood, Goldman has
requested that the Housing Commissions sign a letter of support for the project that could be included with the
Grant Application, The Commissioners voted in favor of signing the letter.
CDBG PRESENTATIONS
Public Service Applications
Children Advocacy Center - Mark Huddleston, District Attorney and Board Member with the Children's Advocacy
Center presented the proposal. CAC has been providing services to youth and families in Jackson County since
1998, They serve over 800 youth per year. The requested funds in the amount of $30,000 will be used for staff
members who provide direct vital services to victims of child abuse, Project objectives for the Ashland residents
include providing child and teen abuse services to 45 victims and at least 5 training and education outreach events
1
March 23, 2011
to several groups to prevent abuse, Mr. Huddleston said CAC appreciates any support that the Commission can
offer and will proceed with their goals even if they are not awarded this grant.
Questions from Commissioners
Are your programs available in Ashland?
Yes. CAC has been awarded a small grant through the City's General Fund Social Service grant program,
Without these monies what will happen to your services being offered?
We have many fund raisers throughout the year including a Charity Ball that raises fifteen to twenty thousand, We
are always continuing to look for new ways of funding,
What is your total agency budget?
Total cost of the Social Service Proposals is $979,269
St. Vincent DePaul - Volunteers Rich Hanson and Charlotte Dorsey were present to review and answer questions
about their application, St. Vincent DePaul has applied for funds in the amount of $30,000 to help low-income
families achieve affordable housing and move toward economic self-sufficiency, This grant specifically will help
them defray the costs of rent relief for people facing eviction notices, The monies will be used by the staff Ashland
Home Visitation Team which serves southern Jackson County primarily in Ashland and Talent.
St. Vincent DePaul received last year's grant money and has already utilized that money assisting with over 30
families totaling 84 individuals to either stay in their homes or move into affordable housing, The grant money has
allowed them to assist a family with rent for up to three months rather than once every twelve months as allowed
through the St. Vincent regulations.
All funds received will go directly to helping the poor, they have no paid employees, Mr, Hanson commented that
as much as they need the grant money they also need volunteers,
Capital Improvement Applications
Access, Inc. - Merry Hart, Development Coordinator for Access, gave the presentation. Access is requesting
$166,000 for the acquisition and predevelopment of a deed restricted parcel of land off of Dollarhide to be
developed as six units of affordable rental housing, It is anticipated that there would be three- one bedroom units,
one- two bedroom units and two- three bedroom units, Their target population will be those with 50% to 60% Area
Median Income and below with rents initially set at 50%,
Questions from Commissioners
What will the money be used for?
Acquisition of the property itself as well as predevelopment fees such as building permits,
Will you need to go through a planning action?
Yes, this is expected to be accomplished later in the development process, An application was previously approved
and we will need to be consistent with that approval.
System Development Charges will be waived though Engineering and Community Development fees will not.
The units could easily all be made into one bedroom units and meet the needs of the Community stated Pons,
Will there be services/a manager on site?
No,
Will this project be feasible if you receive less money then you have requested?
The most important part is to be able to cover the cost of the land purchase and closing costs,
2
March 23, 201 ]
Community Health Center - Peg Crowley. Executive Director of the Community Health Center gave the
presentation, The Community Health Center was founded in Ashland in 1972 by volunteers to promote the health
of low-income, working uninsured and other vulnerable children and adults in Jackson County, The Center is asking
for $14,900 to install ADA accessible automatic door systems for the Community Health Center's Ashland clinic
site. The Center is located at 99 Central Ave, There are becoming an increasing number of people who need this
assistance. In recent years more previously homebound/mobility impaired people are getting out and about.
Questions from the Commissioners
What will happen if you don't receive the funds?
We will continue to search for other grant money,
How much social services money did you receive?
$37,000
Ms, Crowley acknowledged the wonderful work that St. Vincent DePaul does in our community and commented
"We would stand aside on this to give them the money"
Living Opportunities - No one was present to give a presentation,
Staff Recommendations - Reid did an evaluation of the five applications received to determine whether they meet
the Federal CDBG regulations and address the priorities identified within the City of Ashland 2010-2014
Consolidated Plan.
Staff recommends that the Access. Inc proposal be funded in the amount of $163,142 and recommends that the St.
Vincent DePaul-Home Visitation proposal be fully funded in the amount of $30.000,
Staffs motion: To recommend funding the ACCESS, Inc - Hyde Park acquisition proposal $163.142 to purchase
on Dollarhide on which to develop six units of affordable housing targeting families and individuals making 60% of
the AMI or below for a.period of not less than 60 years, and to fund the St. Vincent DePaul-Home Visitation
Program for $30.000 to provide emergency rent and utility assistance to iow-income populations in an effort to
avoid homeless ness,
The Commissioners discussed the recommendation,
WaterslBiffin m/s to accept the staff recommendation. Voice Vote: All ayes. Motion passed unanimously.
The motion will be forwarded to the City Council and final award will take place at the April 5th meeting,
REPORTS AND UPDATES
Liaison Reports
Council - Morris said the Council approved raising the water and sewer rates, Social Service grants were
awarded, The Council is still working on the budget.
Parks - No report '
School Board - No report
Planning - No report
Transportation - No report
SOU- Jordan Espinoza has applied to be on the Housing Commission as a student Liaison. Not sure if that
appointment has happened yet.
3
March 23, 2011
Staff - Reid announced the date for Project Homeless Connect has been set for June 22 at the Medford
Armory, There are many volunteer opportunities as well as the need for donations, La Clinica has already
offered 40 dental appointments. a dental van, meals will be served. a veterinarian, etc, A flyer with details
will be handed out in the near future,
APRIL 27. 2011 MEETING AGENDA ITEMS
Approval of the draft Action Plan after the award is presented at Council
ACL T would like to speak at the next meeting regarding some organizational changes,
Dills and Sillin will get together to discuss ideas for the Housing Trust Fund and present at the May meeting.
Invite former chair of Medford Housing and Community Development Commission to discuss their proposals for
funding an affordable housing trust fund,
A representative from the Southern Oregon Housing Resource Center will be there to discuss ideas for a
foreclosure prevention event
An update and discussion on how the commission is addressing the five goals
This was Commissioner Pons last meeting as she will be returning to Oklahoma to look for work, The
Commissioners thanked her for her service and wished her well.
Quorum Check - Billin will be gone, Sillin would like his mail sent to his home address at 520 Dogwood Way,
UPCOMING EVENTS AND MEETINGS
Homeless Task Force Meeting - April 19. 2011: 10:30-12:00Housing Authority Conference Room 2231, Table
Rock Rd
City Council Meeting (ad-hoc Committee appointment & final grant awards)-April 5. 2011: 7:00 PM Council
Chambers
Next Housing Commission Regular Meeting
4:30-6:30 PM; April 27, 2011. Council Chambers, 1175 East Main Street
ADJOURNMENT - The meeting was adjourned at 6:20 p,m,
Respectfully submitted by Carolyn Schwendener
4
March 23, 20]]
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
" Appeal on Termination of City Utility Services
April 5, 2011 Primary Staff Contact: Barbara Christensen
City Recorder E-Mail: christeb(alashland.or.us
Administrative S Secondary Contact: Lee Tuneberg
Martha Bennett Estimated Time: 15 minutes
Question:
Does the City Council wish to grant an appeal by Lisa Grant to revise a Staff decision to terminate City
Utility Services due to lack of payment?
Staff Recommendation:
None
Background:
Lisa Grant has appealed the City's decision to terminate service and submitted an appeal to the City
Recorder's Office on March 18,2011. The City's Utility Department was notified and service is being
provided to Lisa Grant until after this matter has been acted upon by the City Council.
City Council is to hear the appeal and make a decision that will be final.
Related City Policies:
Ashland Municipal Code (AMC) Chapter 14.02.090
Council Options:
Approve or disapprove appeal for City Utility Service to be reinstated to Lisa Grant.
Potential Motions:
Motion to approve appeal by Lisa Grant and to reinstate City Utility Service with agreed upon payment
schedule.
Motion to uphold decision by Administrative Services Department and discontinue City Utility
Services to Lisa Grant until account has been paid in full.
L
Attachments:
Appeal - Lisa Grant
Memo - Lee Tuneberg, Administrative Services
Memo - Bryn Morrison, Customer Service Division Supervisor
Correspondence of February 14 and February 10,2011
Service'Suspension Orders - Door Hanger
AMC 14.02 Utility Systems - Customer Accounting Policies
Page I nf 1
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lD E:.::-
CITY OF
ASHLAND
Memo
DATE:
March 22,2011
TO:
Barbara Christensen, City Recorder
Martha Bennett, City Administrator
Lee Tuneberg, Director
Administrative Services ~~
FROM:
DEPT:
RE:
271 North Mountain - Delinquent utility account appeal
This memo is meant to provide back ground information for the appeal to City Council requested by
Lisa Grant, residing at 271 North Mountain.
Disconnection of services was done on the current, active accounts. Action was not taken on any
amounts protected under bankruptcy law. Only after many efforts to reach an acceptable payment plan
on the active accounts, and subsequent default by the customer, did staff resort to service disconnection.
Attached is a brief history and other documents that support the disconnection.
Disconnection of utilities is provided for by AMC Sections 14,02.030 through 14.02.060. An appeal to
Council is provided for in AMC 14.02.090.
The Administrative Services/Finance Department, Utility Billing Division works closely with customers
who have difficulty in paying their bills, often coordinating aid with the various non-profit organizations
and churches in the communi1y. Discontinuing service is done as a last resort and not done lighlly.
In this case, staff worked diligently to help the customer stay current, often going beyond the steps
identified in the Code. AMC provides for an appeal to Council, presumably to address authority
limitations to staff or errors in the process. Staff believes the process was followed, that it did not have
authority to waive utility charges or ignore non-payment and did not see a viable alternative to
disconnection without payment except for the customer to request an appeal to Council.
Staff will be in attendance to' discuss the details if needed.
ADMINISTRATIVE SERVICES DEPARTMENT
D. L. Tuneberg, Dlrector Tel: 541-488-5300
20EaslMa~Street Fax: 541-652-2059
Ashland. oregon 97520 ID: 800-735-2900
WW'.ashland.or.us
~:.,
CITY OF
ASHLAND
Memo
DATE:
March 22. 2011
TO:
FROM:
Lee Tuneberg, Administrative Services and Finance Director
Bryn Morrison, Customer Service Division Supervisor\'~'
DEPT:
Administrative Services
RE:
Lisa Grant
Lisa Grant has had several accounts with the City of Ashland in the past for 271. 263. and 263
y, N Mountain Ave. The City received notice on September 25.2010 that Lisa had filed for
bankruptcy on September 15. 2010, We were instructed by Megan Thornton that once we
receive notification of bankruptcy. we were not permitted to pursue collection on anything prior
to the file date and can only pursue collection on current accounts. We closed the active
accounts effective September 15 for the bankruptcy and created new accounts for service,
Lisa had paid deposits on these closed accounts and I was instructed by Megan Thornton to
apply the deposits to the accounts that they were paid on, therefore to the accounts that were
closed due to the notification of bankruptcy,
Lisa's bills were sent to her on the new accounts the following dates:
November 3.2010
December 3,2010
January 5. 2011 '
She did not make any payments on these accounts and per AMC 14.02.060. the first notice of
delinquency was delivered to the service address at 271 N Mountain on December 29.2010
stating her balance and the phone numbers of assistance organizations. She called me on
January 3, 2011 and told me that she would make a payment on January 7. She did not make
a payment and was placed on the disconnect list on January 19. Dave Eliasen spoke with her
on January 19 and she attempted to give him $200, He told her that she needed to call or
come into the office to make payment arrangements.
ADMINISTRATIVE SERVICES DEPARTMENT
O. L. Tuneberg, Olructor Tel: 541-488-5300
20 East Main Sbeel Fax: 541,552-2059
AsI1Iand. Oregon 97520 TTY: 800-735.2000
www.ashland.or.us
rj.'
CITY OF
ASHLAND
Memo
I spoke with Lisa about her delinquent utility accounts on January 21, 2011 for 271, 263 and .
263 11, N Mountain Ave. I asked her to pay her 60 day past due by noon on January 24, 2011
to avoid disconnection. She told me at that point she was unable to pay and that she would go '
to the newspaper and the Mayor if I disconnected her service, I asked her to develop a
payment plan and submit it to me for approval from you by January 25, Lisa Was upset
because she felt that the City values the transients more than her.
Lisa did not submit a payment plan by January 24. so I called and left her a message. She
called me on January 26 and I explained to her that since she had not kept the arrangements I
made with her, she would need to call and schedule an appointment with Martha to discuss
arrangements for the delinquent accounts and her other issues with the City.
We closed all accounts with the exception of 271 N Mountain as of January 26, 2011.
On February 2, 2011 Martha instructed us to disconnect her service because she had not
called to make an appointment with her. I had another door hanger hung on her property to
remind her to call. I also left her a message on her phone that she had until 1 0 am on February
3 to call and schedule the appointment with Martha, She called at 9:30 am on February 3 to
schedule an appointment for February 9,
On February 9, Martha and I met with Lisa, We agreed to payment arrangements of $200 on
February 14. and a minimum of $50 per week in addition to keeping the account at 271 N
Mountain current. The payments would be applied to the current account at 271 N Mountain
first and once the delinquent portion on that account was paid, next be applied to her closed
accounts. Payments would not be applied to the accounts that the City had closed when we
were notified of the bankruptcy, unless the Court notified the City that she no longer was filing,
I sent her a letter on February 10 reiterating the arrangements Martha had made with her,
On February 14, Lisa paid $100 of the $200 that was due and told the Utilities staff that she
would pay the other $100 on February 18. I sent her a letter notifying her that if we did not
receive the $100 by 5 pm on February 18, and $50 each Friday beginning February 25, she
would be disconnected.
On February 21, I called her and left a message for her because she missed the other $100
payment on February 18. She called me back and told me that she was unable to pay. You
authorized me to allow her to pay the $100 by 5pm on February 22.
ADMINISTRATIVE SERVICES DEPARTMENT
D.l. Tun.berg, Director Tel: 541-488-5300
2OEastMailS1Jeet Fax: 50\1-552-2059
Ashlalld. 01eg0n 97520 ffi: 800-735-2900
www.ashland.or.us
r.l1
C.ITY OF
ASHLAND
Memo
She paid the other $100 on February 22,
On February 25, $50 was due for her first installment payment and she did not pay it until
March 2. Lisa's current charges at 271 N Mountain became past due on February 28.
A water meter reading came in on March 3, 2011 for the closed account at 263 N Mountain
showing usage in the time period since it had been closed. I questioned Lisa on the usage and
she stated that she did not turn the water meter on and use the water. We mailed her a bill for
the usage on March 4. I mailed the bill again to her at her request on March 15, I verified with
the Water Division that the connection had been leaking when the meter was pulled, therefore
the charges for the water used will be credited to Lisa's account. I left her a message on March
18 that the meter had been pulled and a credit for the use would be applied to her account. '
On March 7, per AMC 14.02,060, the first notice of delinquency was delivered to the service
address at 271 N Mountain stating her balance and the phone numbers of assistance
organizations.
On March 8, Lisa called me and said that she would pay $100 on March 11. At that time, I
informed her that the Business License application fee of $75 that she had paid for FY 2011
would be refunded to her since she did not complete the Home Occupation permit application
therefore her Business License was denied. She authorized me to apply the $75 to her current
account at 271 N Mountain knowing that this credit would not replace the commitment she
made of the $100 payment due March 11.
Lisa did not pay $100 on March 11. On March 14, I called her ana left her a message that she
needed to call me about missing payment arrangements.
I advised you and Martha of Lisa not making the agreed upon arrangement payments and
Martha told us she was not willing to make any more arrangements with Lisa and that she
needed to be disconnected. Lisa called me back on March 15 and I told her that she had until
5pm on March 16 to pay the current charges of $397,53 or, per AMC 14.02.090, to submit a
letter of appeal of termination to the City Recorders office or her service would be
disconnected on March 17. I asked her again to contact assistance organizations and she told
me that she would not qualify.
ADMINISTRATIVE SBlVlCES DEPARTMENT
D. L Tunebo'll, Dlr8ctor Tel: 541488-5JOO
20East_SIIlleI Fax: 541-552.2059
Ash~nd. Oregon 97520 TTY: 800-735-2900
www.ashland.Ol..us
r~'
CITY OF
ASHLAND
Memo
As of 5pm on March 16. Lisa had not filed an appeal for termination with the City Recorder.
At 9:20 am on March 17, I called Dave Tygerson and instructed him to disconnect electricity
and Dave Eliasen to disconnect the water service at 271 N Mountain,
At 12:30 pm on March 18, Lisa filed an appeal with the City Recorder and paid $100 on her
account at 271 N Mountain. I called Dave Tygerson and Dave Eliasen and instructed them to
reconnect the service as you directed.
AOMINISTRATIVE SERVICES DEPARTMENT
D.L T.neberg, OJ_, Tel: 541-488-5300
20 Easl Main Street Fax: 541-552-2059
Ashland, Oregon 97520 m: 800-735-2900
WfIW.ashlancl.or.us
r.l'
CITY OF
ASHLAND
February 14, 2011
Lisa Grant
271 N Mountain Avenue
Ashland, OR 97520
Dear Lisa:
In the meeting we had with Martha Bennett on February 9, 2011, you agreed to pay $200 on
February 14, 2011 towards your delinquent utility account at 271 N. Mountain Ave. You paid
$100 today and stated that you will pay the remaining $100 on February 18, 2011. This was
not in accordance with the agreement you made with Martha. If we do not receive the ..
remaining $100 by 5 pm on Friday, February 18, 2011, your utility service at 271 N. Mountain
will be disconnected.
You also agreed in that meeting to make a minimum payment of $50 each week. You will need
to make weekly minimum payments of $50 by each Friday beginning on February 25, 2011, or
your service will be disconnected.
Please call me if you have any questions regarding the agreement.
Sincerely,
Bryn Morrison
Customer Service Supervisor
(541) 488-6004
CC: Lee Tuneberg, Administrative Services/Finance Director
Martha Bennett, City Administrator
AdmlnlsltatiY, Services Department
DL Tunellerg, Director Tel: 541-488.5300
20EaslMainSlreel Fax: 541-488.5311
Ash~, Oregon 97520 m: 800.735-2900
www.ashland.Of.US
rj.'
CITY OF
ASHLAND
February 10, 2011
Lisa Grant
271 N Mountain Avenue
Ashland, OR 97520
Dear Lisa:
Thank you for coming in to meet with Martha Bennett and myself to discuss the balances on
your utility accounts.
As we agreed, payment arrangements for your current utility account 027-001018-02 at 271N
Mountain Ave have been approved for $200 on February 14, 2011 and a minimum payment of
$50 per week thereafter in addition to keeping your account current. Once this account has
been brought current, all future payments will be applied to the balance owing of $522.88 for
the closed accounts at 263 N Mountain Ave and 263 Y, N Mountain Ave. The closed accounts
will need to be paid in full by August 9, 2011.
Thank you for taking steps to clear this matter.
Sincerely,
Bryn Morrison
Customer Service Supervisor
(541) 488-6004'
CC: Lee Tuneberg, Administrative Services/Finance I;lirector
Martha Bennett, City Administrator '
Admln_, Services Dopaltmenl
D.LTuneIlerg, Director Tel: 541-488-5300
20 East Main Street Fax: 541-488-5311
Ashland, Oregon 97520 m: 800.735-2900
WWrN.ashland.or.us
rj.'
~
.'
SERVICE SUSPENSION ORlJcK:
ACCOUNT: 027-001018-02
SERVICE LOCATION:271 N MOUNTAIN AV
CUSTOMER: 6383- > GRANT, LISA MAE
MAILING ADDRESS
271 N MOUNTAIN AV ASHLAND, OR 97520
PHONE: 54148212345419415858
30 DAY PAST DUE: $386.78
60 DAY PAST DUE: $275.11
90 DAY PAST DUE: $302.54
TOTAL AMOUNT DUE: $1361.96
NOTICE DATE: 02/14/2011
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METER ELECTRIC: 16904
READING:
)
METER WATER : 26975037 READING:
DELIVERED BY -tOe~
DATE: .:]-7-// 10-25
EXTENSION NOTES: . -wp-IOO.OO ~ Frh 2/18/11 -mk
~
$200 on 2/14/11 and min $50 per week along with keeping current. BM
FIELD NOTES:
SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001018-02
SERVICE LOCATION:271 N MOUNTAIN AV
CUSTOMER: 6383- > GRANT, LISA MAE
MAILING ADDRESS
271 N MOUNTAIN AV ASHLAND, OR 97520
PHONE: 54148212345419415858
:;'16'.1/
30 DAY PAST DUE: $302.54
60 DAY PAST DUE: $ 0.00
90 DAY PAST DUE: $ 0.00 ~~..->
TOTAL AMOUNT DUE: ~.o5
METER ELECTRIC: 16904
METER WATER : 26975037
DELIVERED BY ~ .p
EXTENSION NOTES:
FIELD NOTES:
READING:
READING:
r-
SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001018-02
SERVICE LOCATION:271 N MOUNTAIN A V
CUSTOMER: 6383-> GRANT, LISA MAE
MAILING ADDRESS
271 N MOUNTAIN A V ASHLAND, OR 97520
PHONE: 54148212345419415858
30 DAY PAST DUE: $275.11
60 DAY PAST DUE: $302.54
90 DAY PAST DUE: $ 0.00
TOTAL AMOUNT DUE: $964.43
METER ELECTRIC: 16904
METER WATER : 26975037
DELIVERED BY
EXTENSION NOTES:
FIELD NOTES:
READING:
READING:
NOTICE DATE: 12/14/2010
,
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DATE: /'2- Z9-)('
10-31
NOTICE DATE: 01/14/2011
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DATE:
10-36
SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001015-17
SERVICE LOCATION:263 N MOUNTAIN AV
CUSTOMER: 6383-> GRANT, LISA MAE
MAILING ADDRESS
263 N MOUNTAIN AV ASHLAND, OR 97520
PHONE: 54148212345419415858
NOTICE DATE: 01/14/2011
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30 DAY PAST DUE: $ 44.09
60 DAY PAST DUE: $ 40.60
90 DAY PAST DUE: $ 0.00 .
TOTAL AMOUNT DUE: $158.37
\\VD O~
METER ELECTRIC: 16790
DELIVERED BY
READING:
DATE:
10-35
EXTENSION NOTES:
FIELD NOTES:
SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001015-17
SERVICE LOCATION:263 N MOUNTAIN AV
CUSTOMER: 6383-> GRANT, LISA MAE
MAILING ADDRESS
263 N MOUNTAIN AV ASHLAND, OR 97520
PHONE: 54148212345419415858
NOTICE DATE': 12/1412010
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30 DAY PAST DUE: $ 40.60
60 DAY PAST DUE: $ 0.00
90 DAY PAST DUE: $ 0.00
TOTAL AMOUNT DUE: $.,84,69 I 'S '3. '37
METER ELECTRIC: 16790
DELIVERED BY 'l^-\ rr--k
,
READING:
DATE: I~'Z' -10
10-30
EXTENSION NOTES:
FIELD NOTES:
SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001014-18
SERVICE LOCATION:263 N MOUNTAIN AV
CUSTOMER: 6383-> GRANT, LISA MAE
MAILING ADDRESS
263 N MOUNTAIN AV ASHLAND, OR 97520
PHONE: 54148212345419415858
NOTICE DATE: 0111412011 .
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60 DAY PAST DUE: $ 82.67
90 DA Y PAST DUE: $ 0.00
TOTAL AMOUNT DUE: $195.71
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METER WATER : 19226294
DELIVERED BY
EXTENSION NOTES:
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DATE: 10-34
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SERVICE SUSPENSION ORDER:
ACCOUNT: 027-001014-18
SERVICE LOCATION:263 N MOUNTAIN AV
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.$ :'<:)5.<-11
NOTICE DATE: 12/14/2010
CUSTOMER: 6383- > GRANT, LISA MAE
MAILING ADDRESS
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60 DAY PAST DUE: $ 0.00
90 DAY PAST DUE: $ 0.00
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METER WATER : 19226294
DELIVERED BY. 'T[-rl
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ASHLAND MUNICIPAL CODE
CHAPTER 14,02
UTILITY SYSTEMS - CUSTOMER ACCOUNTING POLICIES
SECTIONs:
14.02.010 Service - Application.
14.02.015 Senior Citizen Disconnt.
14.02.020 Establisbment of Credit.
14.02.030 Bills - Due Date,
14.02.040 Notice of Delinquent:
14.02.050 Notice of Delinquency - Service of Notice.
14.02,060 Notice of Delinquency - Personal Contact.
14.02.070 Designation of Third Party to Receive Notice.
14.02.080 Information on Financial Assistance,
14.02.090 Appeal of Termination Action.
14,02.100 Restrictions on Residential Terminations.
14.02.110 Requirements for Restoration of Service.
14.02.120 Penalty on Delinquent Accounts.
SECTION 14.02.010 Service - Application.
A. Initial Application.
1. Any person, firm or corporation desiring electric, water, and/or sewer service from the City must
make application in writing on blanks provided therefor by the City, or by letter, and agree to
abide by the rates, rules and regulations of the City.
2. The applicant must sign the fonn provided by the City, or send in by letter, and furnish the
following infonnation, if applicable:
a. Date of application.
b. Name of applicant.
c. Name of third party, if desired, who IS designated by applicant 10 receive notice of
termination.
d. Address of premises to be serVed.
e. Applicant's mailing address where bills are 10 be sent.
f. Date applicant desires initiation of service.
g. Purposes for which service is to be used.
h. Previous service address of the applicant within the City, if any.
L A deposit or a letter of credit to establish credit of applicant as specified 'in Section
14.02.020.
J. Applications processing fee in the amount often dollars ($]0.00).
k. Such other infonnation as the City may reasonably require.
B. Subsequent Applications. A current customer of the City of Ashland may connect utility service at a
new location by telephone, if their account is current and their credit history shows no more than one
(1) delinquency.
C. The application is merely a request for service and does not in itself bind the City to serve except
under reasonable conditions, nor does it bind the customer to take service; but if the service is
connected, the customer will be required to pay monthly minimum charges according to the
applicable rate.
D. No application for electric, water and/or sewer service shall be accepted, or no new service shall be
furnished to any person, finn or corporation who has any bill, fee or charge which has been due to
the City for a period of thirty (30) days or more, until such bill, fee or charge has been paid in full.
(Ord. 2649, 1991)
Page I of4
ASHLAND MUNICIPAL CODE
SECTION 14,02,015 Senior Citizen Discount.
A. To qualify for the senior citizen discount, a person must be 65 years of age or disabled and 60 years
of age and the total household income shall not exceed the Federal Community Services
Administration poverty guidelines.
B. The senior citizen discount shall only apply to the applicant's residence.
C. A senior citizen desiring to receive a utility discount must submit an initial application to the City on
fonns provided by the City. In order to maintain continuous qualification for such discount, the
senior citizen shall, not later than June 30th of each ensuing year, file an annual application for
renewal on fonns provided by the City. The City Administrator, or authorized designee, shall
detennine whether the applicant meets the qualifications and requirements of the City.
D. In special hardship cases, a committee of two City Council members and the Senior Program
Director, may recommend the City Administrator grant exemptions to the foregoing income
limit~tions where the circumstances justify such exemptions. (Ord. 2673, 1992)
SECTION 14.02.020 Establishment of Credit.
A. A customer shall establish credit with the City by depositing an amount equal 10 one and one-half (I
1/2) times the average monthly bill for the service address, rounded to the nearest five dollars. For
new services, the Utility Services Division shall estimate the average monthly bill. A third party,
other than the customer, may be pennitted to post the required deposit, in which case the customer
shall be deemed to have established credit as hereinafter provided. After a satisfactory payment
record of ten (10) consecutive months with no more than one (I) delinquency, the deposit shall be
refunded to the person who posted the deposit.
B. A customer may establish credit by providing a Letter of Credit from another utility company, which
provided the customer's heat source for a minimum of ten (10) consecutive months within the last
year. The Letter of Credit from the utility company must furnish the following infonnation:
I. Address (or addresses) served by the utility for this customer.
2. Length, type (residentiallcommercial), and time period at above location(s).
3. Number of past due mailer notices in the last year.
C. A customer to whom a deposit has been refunded, or to whom a Letter of Credit was accepted in lieu
of a deposit, and who becomes delinquent may be required to reestablish credit by making a new
deposit as specified in Section] 4.02.020 A. Residential and commercial credit shall be established
separale\y and credit for one type of service will not be used as credit reference for the other type of
service. Once a customer has established credit, 'a deposit will not be required for additional
locations as long as good credit is maintained. The City shall not tenninate residential accounts
solely for failure to re-establish credit under subsection 14.02.020 C. (Ord. 2242 sl, 1983; Ord.
2390,1986; 2649,1991)
SECTION 14,02.030 Bills - Due Date.
All bills are due and payable upon receipt. If bills are not paid by the next billing date, a 'notice
complying with section 14.02.040 shall be given that service will be disconnected if the bills are not paid
by the date specified. (Ord. 2242 sl, 1983; Ord. 2390,1986; Ord. 2781 SI, 1996)
SECTION 14.02.040 Notice of Delinquent:
The City will give written notice to the customer before tennination of service. The notice will contain:
A. A clear explanation ofthe reasons oftennination.
Page 2 of4
ASHLAND MUNICIPAL CODE
B. The date of the proposed termination which shall be not less than seven or more than ten days
from the date of mailing the notice.
C. A statement advising the customer that he or she may appeal the proposed termination to the City
Council by submitting a written request for a hearing to the City Recorder, Ashland City Hall,
setting forth reasons for the appeal.
D. A statement that no termination will take place during the period of November to March
inclusive, if the customer has obtained, prior to the proposed date of termination, a written
statement from a licensed physician or a public or private agency p~oviding physical or mental
health care, that the termination would significantly endanger the physical health of a residential
customer or any members of the customer's household. The customer shall also be advised that
such certification musl be renewed in wriling every thirty days thereafter, unless the certification
states that the condition is chronic, in which case the certification must be renewed annually.
Any customer filing such a certification shall also be advised that they must enter into an
arrangement with the City to pay any past due bills lhal accrue while the certificate is in effect.
E. A statement that the City will not be liable for any loss incurred because of a disconnect for
nonpayment of a utility bill. (Ord. 2781 S2, 1996)
SECTION 14,02,050 Notice of Delinquency - Service ofNotice.
The Notice of Proposed Terminalion shall be mailed by firsl class mail to the last known address of the
customer and to any lhird party designated by lhe cuslomer pursuant to Section 14.02.070 to receive
notices. Service shall be deemed complete as of the date of the mailing.
SECTION 14.02.060 Notice of Delinquency - Personal Contact.
A. At least 72 hours prior to lhe proposed termination of residential service, the City shall attempt in
good faith to contact the person in possession of lhe residence and their designated representative in
person, inform thcm that termination is imminent, explain the alternatives and assistance available,
and determine the reason or reasons the cuslomer has' not rcsponded to the Notice of Proposed
Termination.
B. Immediately prior to tcrmination of residenlial service, the City shall attempt in good faith to make a
personal contact with the above persons and advise lhem of the proposed action.
C. If the customer appears unable to comprchend the consequences of the notices or service termination,
for any reason, the City shall delay the termination of service until it has appropriately nolified the
Department of Human Resources. In such case the customer shall have an additional five (5)
business days beyond the termination date stated in the notice to reach agreement with the City, or to
appeal the matter to the City Council, before he or she may be terminated.
D. Procedures used and efforts made by a ulility to make the personal contacts under this section shall
be documented. If personal contacts cannot be made, notices shall be left in a conspicuous place at
the residence, stating that service will be terminated in the case of the second personal contact.
SECTION 14.02.070 Designation of Third Party to Receive Noticc.
The City will otTer ilS cuslomers lhe option to designate a third party to receive the notice of lermination
set forth in Section 14.02.040. Notification of this option shall be made upon initiation of service.
SECTION 14.02.080 Information on Financial Assistance.
Prior to terminating service, the City will inform residential customers who cannot pay their bills of lhe
names and lelephone numbers of appropriate units within the State Department of Human Resources or
Page 3 of 4
ASHLAND MUNICIPAL CODE
other social service agencies which may help the customer determine what federal, state or private aid
may be available to that customer.
SECTION 14.02,090 Appeal of Termination Action.
A. Any customer may appeal the City's decision to terminate service or its refusal to restore service, by
submitting a written appeal stating the reasons for the appeal to the City Recorder, Ashland City
Hall, during business hours.
B. Upon receipt of the appeal, the City Recorder shall notifY the Utility office, and if the service has not
been terminated, the City shall not terminate service until after the matter has been acted upon by the
City Council.
C. The City recorder shall present the appeal to the City Council at its next regular meeting, giving
notice to the customer of the date, time and location of the proposed hearing before the City Council.
The decision ofthe City Council shall be final.
SECTION 14.02.100 Restrictions on Residential Terminations.
A. Physical Disabilities - The City will not terminate service of a residential customer or refuse to
restore service on request, if the City has been advised in writing by a licensed physician, or public or
private agency providing physical of mental health care, that termination of service would
significantly endanger the physical health of the customer or any member of the customer's
household and a certification under Section 14.02.040(0) is in effect. However, the City reserves the
right to install a service limiter type meter while such certification is in effect.
B. Weekends and Holidays - Residenlial service shall not be terminated on, or the day prior to, a
weekend or Holiday.
C. Accounts not related to residential service - the City will not terminate residential service of a
customer for failure to pay for a nonresidential service at another address, nor shall service be
terminated for a nonresidential service for failure to pay for a residential service at another address.
SECTION 14.02.110 Requirements for Restoration of Service.
Except as provided in Section 14.02.090 during the pendency of an appeal, if a residential customer's
service has been properly terminated under the above policies, the City shall not be required to restore or
provide service at the same or any other location at which the customer resides without payment in full of
any overdue amounts, together with any deposits and reconnection charges authorized in this Section. If
service has been disconnected for nonpayment, a" reconnect ion charge as specified by Resolution will be
paid with the delinquent account if the reconnection is requested to be made during regular working
hours of the Electric Department; or an after hours charge as specified by Resolution during other hours
or on weekends or Holidays, before service is restored. Any customer not having a current deposit whose
service has been disconnected for nonpayment will be regarded as a new customer, and a new deposit
shall be required before service is restored. (Ord. 2345 sl, 1985; Ord. 2649,1991)
SECTION 14.02.120 Penalty on Delinquent Accounts.
A penalty of one and one-half percent (1 1/2%) per month may be charged on the delinquent portion of
all utility accounts in excess of five hundred dollars ($500.00) or more, beginning on the thirtieth day
following the original due date established in Section 14.02.030. (Ord. 2242 sl, 1983).
Page 4 of4
CITY OF
ASHLAND
March 23, 20 II
Lisa Grant
271 N Mountain Avenue
Ashland, OR 97520
Dear Ms. Grant,
This is a letter of acknowledgement of your appeal to the City Council filed in my office regarding
termination of City Utility Service on March 18,2011.
This item will be placed on the agenda of April 5, 2011 for the City Council to hear and make a decision
on. The City Council meetings begin at 7 p.m. in the City Council Chambers. City Council agendas
and material are posted to the city webpage at www.ashland.or.lIs no later than 5 p.m. on the Friday
. prior to the council meeting. You need to click on the link "Council Business."
I f you have any questions, please feel free to call me.
Sincerely,
Barbara Christensen
City Recorder/Treasurer
CITY RECORDER'S OFFICE
Barbara Christensen, City RecorderfT reasurer
20 E Main Tel: 541-488-5307
Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.oLus m: 800-735-2900
~j.'
CITY OF
ASHLAND
Council Communication
A Resolution Creating an ad hoc Homelessness Steering Committee
Meeting Date: April 5, 2011 Primary Staff Contact: Ann Seltzer
Department: Administration ~ E-Mail: ann@ashland.oLus
Secondary Depl.: None Secondary Contact: Martha Bennett
Approva]: Martha Bennet Estimated Time: 30 minutes
Question:
Does the Council approve Councilor Slattery's revised Council Goal and proposed purpose statement
(attached) for an ad hoc Homelessness Steering Committee?
Will the Council adopt a resolution creating an ad hoc Home]essness Steering Committee?
Does Council approve of the Mayor's appointment of the citizens listed below to the ad hoc
Homelessness Steering Committee?
Staff Recommendation:
None
Background:
At the February 28, 201] Council Study Session the Council supported Councilor Slattery's proposal
for an ad hoc Home]ess Committee and requested a revised Council Goal and proposed plan for
Council review at the Apri] 5,20] I meeting
Councilor Slattery also proposed the Council direct the committee to review the more controversial
short-term strategies. At the time, the Council did not support this proposal.
The attached document, submitted by Councilor Slattery includes a revised Council Goa] and a draft
Committee purpose. The attached resolution reflects the document submitted by Councilor Slattery
and the Uniform Policies and Operating Procedures for Advisory Commissions and Boards.
The following citizen's have agreed to serve on the ad hoc Home]essness Steering Committee.
. Dee Anne Everson - United Way
. Graham Lewis - Ashland Chamber of Commerce/Methodist Church
. Connie Saldana - RYCOG, Former Chair of the Jackson County Homeless Task Force
. Rich Rhode - Oregon Action
. Regina Ayers - Chair Housing Commission (maybe: the Mayor has asked but she hasn't said
yes)
. John Javna - Co-founder Ashland Food Project (maybe: the Mayor has asked but he hasn't
said yes)
. Heidi Parker - Former chair and two term Ashland School Board Member (maybe: the Mayor
has asked but she hasn't said yes)
. Laura O'Bryon - Dean of Students, Southern Oregon University
Page 1 of2
~~,
CITY OF
ASHLAND
. Sarah Powell- Former vice Provost, Southern Oregon University
.A question has been raised on how the structure of this committee and its work with stakeholder
groups meets the public meeting law requirements. City Recorder, Barbara Christensen is prepared to
address this question.
A separate question was raised on Council Rules as it applies to ad hoc committees and the roles and
responsibilities of Council Liaisons. Ad hoc committees are subject to AMC 2.10 Uniform Policies
and Operating Procedures for Advisory Commissions and Boards. AMC 2.04.]00 addresses the roles
and responsibilities of Council Liaisons. Staff is prepared to answer questions related to AMC 2.10
and AMC 2.04.100.
Staffing Needs
It is anticipated that atleast.]5 FTE (or greater) of the Housing Program specialist's time is needed to
provide appropriate support to the ad hoc committee and the council depending on the short and long
term strategies selected by the Council. Administrative support (.]0 FTE) will be needed to provide
appropriate support to the ad hoc committee and the council dependent upon the short and long-term
strategies selected by the Council. ]n addition, Police Department staff (.1 0 FTE) will be needed to
provide appropriate support to the ad hoc committee and the council dependent upon the short and
long-term strategies selected by the Council.
Related City Policies:
Council Goal Setting
Council Options:
Approve the committee members, the revised Council goal and draft Purpose Statement.
Potential Motions:
J I move to approve the revised Council goal and Purpose Statement as presented.
I move to approve the revised Council goal and Purpose Statement with the following
changes
J I move to adopt the resolutions creating an ad hoc Homelessness Steering Committee.
I move to approve the Mayor's appointment to the Homelessness ad hoc Committee.
I move to approve the Mayor's appointment to the Homelessness ad hoc Committee with the following
changes
Attachments:
. Document submitted by Councilor Slattery
. Reso]ution creating an ad hoc Homelessness Steering Committee
. Memo from Legal Department
Page 2 of2
r~'
March 30. 201]
Submitted by Councilor Slattery with assistance from Mayor Stromberg
Revised Council Goal: Create a Homelessness Steering Committee (HSC) to filter and qualifY stakeholder
proposals to the City Council.
The Homelessness Steering Committee
The purpose of the HSC is to:
I. Solicit proposals from stakeholders to the City Council, whose intent is to address issues ofhomelessness in
Ashland.
2. Transmit to the Council those proposals that are well-developed, factually supported, capable of
implementation and fall within the Council's scope of authority to implement.
3. Return to their authors those proposals that are incomplete but that have the potential to fall under #2 (above),
with specific recommendations for the necessary improvements - and encourage resubmittal of the reworked
proposals.
(The HSC may also arrange limited assistance from City staff, with approval ofthe City Administrator, for
proposals whose authors lack the necessary expert knowledge or knowledge of City code, regulations, and
policies.)
4. Connect stakeholders whose proposals either complement and/or duplicate each other's for possible
collaboration.
5. For proposals that don't fall in the above groupings, suggest alternative sponsorship ifpossible.
Note: The HSC will not advocate for or against Council approval for any stakeholder proposal.
Membership: The HSC will be comprised of six to nine members appointed by the Mayor with Council 1~1I D k
confirmation and will be an officially designated Ad Hoc Committee. .2 e,.ou..ne.J. Juu~ IL~
The HSC will choose its own Chair and Vice-Chair and will adopt such decision-making processes as it
determines best suit its purpose.
Short Term Options: The HSC will, if the Council desires, process any or all of the staff's original short term
options as if they were stakeholder proposals, only in this case the HSC will recommend Council adoption,
rejection, or adoption with modifications for each option.
Initial Phase: The HSC will publicly announce it is receiving proposals regarding homelessness issues in
Ashland, to be brought to the City Council via the HSC. A deadline will be given after which no new proposals
will be accepted until the HSC is ready to deal with a second batch. Proposals will be welcomed from all
stakeholders with an interest in addressing homelessness in Ashland in all its forms. Both organizations and
individual stakeholders may submit proposals.
Duration: It is intended that the HSC operate for one year from the date of its approval by the City Council.
During this time however the HSC may notify the Council that it no longer is receiving any more stakeholder
proposals and therefore should be disbanded. Or it may propose that it be reorganized in a specific way that
better suits its intended purpose. At the end of the year the HSC will make a recommendation to the Council
regarding whether or not it should be continued.
RESOLUTION NO 2012-
A RESOLUTION DEFINING THE DUTIES AND RESPONSIBILITIES OF
THE AD HOC HOMELESSNESS STEERING COMMITTEE
RECITALS:
A. The City of Ashland City Council adopted a goal to create the Homelessness Steering
Committee to filter and qualify stakeholder proposals to the City Council.
B. The City Council seeks to work with community stakeholders on issues related to
homelessness.
C. The City Council believes that solutions or actions submitted by stakeholders will benefit
the community.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I. Committee Established. The Homelessness Steering Committee (HSC) is
established beginning May 4,2011 and shall consist of up to nine voting members. The HSC
will automatically dissolve after one year from the date of its approval by the City Council.
During this time the Committee may notify the Council that it no longer is receiving any more
stakeholder proposals and therefore should be disbanded, or it may propose that it be reorganized
in a specific way that better suits its intended purpose. At the end of the year the HSC will make
a recommendation to the Council regarding whether or not it should be continued.
SECTION 2. Terms. Oualifications. Vacancies.
I) All members will be appointed by the Mayor with confirmation by the City Council,
except for City staff designated as ex-officio, non voting members. Members shall be
named by the City Council and serve until the dissolution of the Homelessness Steering
Committee.
2) The City Administrator and/or their designee shall serve as an ex-officio, non-voting
member of the Homelessness Steering Committee.
3) Any member of the Homelessness Steering Committee who will be absent from a meeting the
member must notify the chair or the staff liaison at least two hours prior to the meeting. Any
member who has two or more unexcused absences in a six month period shall be considered
inactive and the position vacant. Further any member not attending a minimum of two-thirds
(2/3) of all scheduled meetings shall be considered inactive and the position vacant.
4) Homelessness Steering Committee will elect a person to serve as Chair and Vice Chair from
among the voting members at the first meeting.
Page 1 of2
SECTION 3. Ouorum and Rules. At least six voting members shall constitute a quorum. The
Homelessness Steering Committee shall establish rules for its meetings as it deems appropriate
and shall meet as many times as necessary.
SECTION 4. Responsibilities. The committee shall be responsible for:
I) Soliciting proposals from stakeholders to the City Council, whose intent is to address issues of
homelessness in Ashland
2) Transmitting to the City Council proposals that are well-developed, factually supported,
capable of implementation and fall within the Council's scope of authority to implement
3) Return to the authors those proposals that are incomplete but that have the potential to fall
under #2 above, with specific recommendations for the necessary improvements and encourage
resubmittal of the reworked proposals
4) Connecting stakeholders whose proposals either complement and/or duplicate each other's for
possible collaboration
5) For proposals that don't fall in the above groups, suggest alternative sponsorship ifpossible.
SECTION 5. Reports. Recommendations of the Homelessness Steering Committee to the City
Council considered advisory in nature and shall not be binding on the Mayor or City Council.
This resolution was duly PASSED and ADOPTED this _ day of
takes effect upon signing by the Mayor.
,2011, and
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Douglas McGeary, Legal Contractor
Page 2 of2
LEGAL DEPARTMENT
Douglas McGeary City Attorney
MEMORANDUM
DT: 3/31/2011
TO:. City Council, Administration
FR: Douglas M. McGeary, Legal: x-2091
RE: A RESOLUTION DEFINING THE DUTIES AND
RESPONSIBILITIES OF THE AD HOC HOMELESSNESS STEERING
COMMITTEE
I have reviewed the above resolution. ] understand that it reflects the proposed committee plan
submitted by particular council members. I have approved it to form, however I advise that
certain language be addressed at the outset to make the resolution more understandable by
specifically defining the Council goal and the scope of the project. I advise the Council to
address, at minimum, the following enumerated items.
I) How do you define "homeless" or "homelessness"? Whether it is the Councilor
Committee that defines it, I would advise that one of the outcomes be to arrive at a
workable definition according to which any proposal addressing "homelessness" can be
evaluated.
2) What "issues related to homelessness" are the committee supposed to address? There is
no scope or, conversely, the scope is wide open without definition. The Council needs to
specify what they are trying to address otherwise there is no way for a proposer to submit
a proposal and, consequently, no way for the committee to analyze the merits of a
proposal much less determine whether it is complete.
3) I believe "stakeholders" in homelessness is not the term that you want to use? A
stakeholder, by definition, has a supporting interest in the stake. I do not believe there is
anyone who is benefited by "homelessness" as that term is reasonably defined.
4) The committee responsibility includes transmitting proposals to the Council. (Section 4).
Overall, I must advise that the Council define what they are looking for in a "proposal"?
Generally, the resolution suggests that a proposal be factually supported, capable of
implementation, and if something doesn't fit the committee will suggest alternative
sponsorship. There is no criteria for what facts the Council feels are relevant to the
subject and thus what it is that is to be implemented or whether a proposal falls outside
the parameters of the committee's determination of fitness.
Page I of2
LEGAL DEPARTMENT
20 Easl Main Street
Ashland, Oregon 97520
Tel: 541-488-5350
Fax: 541-552-2092
TrY: 800-735-2900
www.ashland.or.us
LEGAL DEPARTMENT
Douglas McGeary City Attorney
5) Under Section 4(5), the resolution refers to "sponsorship." That term and who it includes
needs definition. Who does the Council expects will be a sponsor and a sponsor of what?
6) Given the present open ended nature of the resolution, I advise that one of the first
responsibilities for the Committee would be to set up rules and process to provide the
definition of its work and order of business where the Council resolution does not.
7)' I advise that there should be a termination clause for the committee should a quorum
cease to convene or enough members simply are disqualified for any reason, or if the
project otherwise runs aground or loses direction.
If you' need more suggestions, I am available at the above extension or through e-mail.
Page 2 of2
LEGAL DEPARTMENT
20 East Main Street
Ashland, Oregon 97520
Tel: 541-488-5350
Fax: 541-552-2092
lTY: 800-735-2900
www.ashland.oLus
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Short Term Option to address Homelessness
April 5,2011 Primary Staff Contact: Ann Seltzer
Administration E-Mail: ann@ashland.or.us
None Secondary Contact: Martha Bennett
Martha Benn Estimated Time: 30 minutes
Question:
Does the Council want to proceed with implementing short-term strategies to address chronic
homelessness in Ashland?
Does the Council want the proposed Homelessness ad hoc Committee to address short-term strategy
options? Which short-term strategies is the Council does the Council want to implement?
Staff Recommendation:
Staff recommends Council discuss what they want to accomplish, within the City's means, in the short
term to address chronic homelessness and panhandling. Council should discuss whether to refer the
list of short-term strategy options to the Homelessness ad hoc Committee and discuss which short-term
strategy options, if any, Council is interested in implementing for the summer season.
Background:
In January, Council adopted a goal to appoint an ad-hoc committee to make recommendations to the
City Council regarding issues related to homelessness. The committee was to make a short-term
recommendation by May 1,201 I to address the more urgent issues that confront the community and
then make long-term recommendation about how the City and partner organization can work together.
At the January 31, 2011 Study Session, Council heard a presentation from staff on a variety of short
term strategies options that could be implemented fairly'quickly both to respond to homelessness and
also to respond to the impact of a subset of issues that have arisen that are related to homelessness.
At the time, Council envisioned an ad hoc committee making a short-term recommendation to the
Council by May I, 2011 to address the more urgent issues that confront the community.
Discussion points raised by the Council during the study session include:
. What does the Council to accomplish in the short-term, within the City's means, with people
who are chronically homeless and their impacts on the community?
. Council should discuss the concern that providing services might be enabling and make it
attractive to be homeless in Ashland
. Does the Council want to assign short-term options for review and discussion by the ad hoc
Committee?
. Does the Council want to proceed with any short-term options?
Minutes from the January study session read in part:
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ASHLAND
"Council questioned having an ad-hoc committee and were concerned the
suggestions were a "laundry list" that did not provide clear direction for a
committee. The focus should be on what Council wants to accomplish within the
City's means. Other comments were against short-term solutions and wanted to
focus on the long-term. An additional concern was providing services might be
enabling and make it attractive to be homeless in Ashland. Comments supporting
the ad-hoc committee noted the list were lean suggestions that would meet the basic
needs of shelter, sleep, toilets and shower facilities and the committee would be
comprised of individuals that could appropriately address short-term and long term
Issues.
Staff clarified the suggestions were put together to help address short-term issues
with people who were chronically homeless and their impacts. The long term was
to try to move people from the more severe range to the less severe and ensure
people had access to housing. The list was gaps that other communities were
providing."
At the February 28 study session, the Council supported the suggestion from Councilor Slattery to
have one central ad hoc committee with several groups from the community forming "stakeholder"
committees. The stakeholder groups would present their top three issues and solutions regarding
homelessness to the Central ad hoc Committee. This group would review the stakeholder's top three
issues, suggested solutions, and determine what to forward to the Council. Councilor Slattery also '
recommended taking the ideas on the short-term list and implementing ones that were feasible and
have the stakeholder groups address the more controversial items or all of them.
Since the January study session, it became clear there was a lot of confusion and misunderstanding
about exclusionary zones (see item #3 below). Being excluded from an area (an exclusionary zone) for
a designated period of time is a consequence of committing a crime within that area. Attached is a
copy ofan email from former Interim City Attorney, Megan Thornton and a draft ordinance. This
information is provided to illustrate how an exclusionary zone might mitigate the number of criminal
offenses committed in an area and serve as additional punishment for those offenses. Ashland
currently excludes people from the parks for 30 days on an initial violation and up to 180 days for
repeat offenders
The following list of short-term options was presented at the January study session.
I. Campgrounds: Several cities around the country have opened free camping areas for the
homeless or stopped enforciI]g camping bans in certain areas. There is no evidence that
opening a camping area will in anyway reduce homeless in an area. The purpose of a camping
area is to give the homeless a legal place to camp. Campgrounds that are regulated tend to be
underutilized. Campgrounds that are not regulated tend to have problems with crime and
sanitation issues. Communities near the campgrounds are generally opposed to their presence.
Albany and Corvallis are examples of Oregon cities that have unsuccessfully tried camping
areas for the homeless in the recent past. The most successful homeless camping area in
Oregon would appear to be Dignity Village near Portland. This program is different in many
ways from other homeless camping areas. Dignity Village is approximately eight miles from
downtown in a fairly isolated area and has a limited but apparently permanent population who
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CITY OF
ASHLAND
are allowed to build structure on the site. Dignity Village is controlled by a village council that
makes the rules that all residents have to follow and operates as a nonprofit organization.
Campgrounds are listed as a short-term strategy since the City could either designate a
campground or suspend the existing camping ban in a specific area fairly rapidly. If the City
decided to look at developing a Dignity Village type project or dedicated the time to develop a
campground strategy that addressed the problems that other communities have had with the
homeless free campground areas we would need to look at that as a long term strategy. It is
unlikely we would be able to implement that type of program without additional time and
resources. Cost of any camping area would vary greatly depending on Council's direction.
,
2. Car camps: Lane County has a program of allowing homeless people with vehicles to park
overnight in 29 public and private parking areas around the county. This program assists only
homeless people with vehicles. The program has been in place for 12 years and although it has
expanded there is still a shortage of spaces and about 60 people on the waiting list for a space
every night. All public and private sites have to have on-site sanitation and the property owner
is responsible for cleaning up the garbage and litter daily. Cost of this program would appear
to be limited to providing sanitation and clean up on public parking lots designated for use.
3. Exclusionary Areas: Several cities in Oregon, most notably Portland, Eugene and
McMinnville have exclusionary areas. People who receive multiple citations are in effect
trespassed for a limited time from a specific area and can be arrested iffound in that area
without a lawful reason during the exclusionary period. This would mirror what we presently
do with repeat offenders in the downtown area. Different cities have different criteria for
exclusion and different methods for a person to appeal an exclusionary order. The Council
would need to determine criteria, the length of time, and an appeal process for Ashland. The
only cost of this program would staff time and posting of signs in the exclusionary area.
4. Panhandling collection boxes. Several cities around the country have significantly reduced
panhandling and complaints related to panhandling by putting donation boxes for homeless
services in areas that are heavily impacted by panhandling. The donation boxes are usually
reconditioned parking meters and have signs on them requesting the people help the homeless
get off of the streets by donating to rehabilitation services rather than encouraging them to
remain homeless by directly giving them money. The City of Laguna Beach was the city that
we found doing this that was most like Ashland. While they have not seen a change in the
number of homeless people in the city, the number of people panhandling and complaints about
panhandling has been reduced 60% to 80% and almost eliminated in areas around the donation
boxes. Like all of the agencies we are aware of, Laguna Beach uses parking meters to accept
the donations. Since most parking in the city is metered, most people have quarters available to
put in the donation meters. In a city like Ashland where people are not prepared for metered
parking, we would need to design some other type of secure container to accept donations.
Cities involved in this type of program usually partners with a local nonprofit to use the money
collected to help the homeless. The City of Laguna Beach partners with a local homeless
shelter. When staff looked into the possibility of doing this in the past they were unable to find
a great deal of interest from local community based organizations for being involved' in this
program. The only cost of this program would be designing, building and installing the
donation containers.
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5. Limits on sidewalk usage. Cities from around the country have passed ordinance limiting the
ability of people to sit or lie on sidewalks in certain parts of the city. This has the effect of
reducing loitering and panhandling in those areas. The ninth circuit court of appeals has upheld
Seattle's ordinance as being constitutional. Portland had a similar ordinance that was struck
down by the Oregon courts. Portland has revised that ordinance but it has not yet been
challenged under Oregon law. The only direct cost would be to place signs in the downtown
area. However, until the Portland law is challenged in court we could be at risk of expenses
related to litigation of the ordinance.
During the January study session, two additional short-tenn options were identified.
6. One day annual medical screening. Mayor Stromberg asked about establishing a one-day
medical screening. Staff noted the annual Project Homeless Connect event was similar but a
large undertaking. Currently, La Clinica Healthcare collaborates with Sl. Vincent De Paul to
provide medical screening for the homeless in Medford. They are cO!1sidering adding medical
screenings in Ashland.
7. Portable toilets. Councilor Voisin suggested providing portable toilets. The cost of portable
toilets is usually related to the number of units and the length of time they will be rented.
Discussion should include possible locations of the portable toilets and issues associated with
maintenance and possible vandalism.
Related City Policies:
Council Goal Setting
Council Options:
. Determine if the Council wants to proceed with any of the short-term strategies.
. Determine which short-term strategies, if any, should be assigned to the ad hoc committee.
. Determine which short-term strategies, if any, to implement prior to the summer season.
Potential Motions:
1. I move to assign the short-term strategies to the newly formed Homelessness ad hoc
Committee.
2. I move to direct staff to implement the following short-term strategies'
3. I move to
Attachments:
. Email and draft ordinance from former Interim City Attorney, Megan Thornton
Page 4 of4
r~'
From: Megan Thornton [mailto:thorntm@ashland.or.us]
Sent: Monday, March 28, 2011 3:43 PM
To: Terry Holderness; Hector Meletich; Corey Falls; Martha Bennett
Cc: Diana Shiplet
Subject: 040111 Enhanced Enforcement Ord.docx
Hi all,
Here is a draft of what an enhanced enforcement ordinance might look like if the Council
decides to adopt one. I used the administrative appeals process in AMC 2.30 because it is
my understanding that the Judge does not want to hear these apP'e~
The following is a list of things you may want to think abou
Council:
. The enumerated crimes and identified violations in'"Glu e all offen
able to use as a basis for exclusion. (10.02.010)'
. All necessary definitions are included. (10.02_
. (-l-D is the only area designated as an enlianced enforcement area. Do you want to have
the ability to request other areas for desig~? (10.0~~.8)
. The draft requires posting of the enhanced enf~;ceme.nt'area (same as McMinnville). Is
this posting strategy workable? f.row many signs woul be required and what would the
cost be? (10.02.030) I
. McMinnville allows exclusions for ns 5 days exclusions for crimes to be 90
days. Ashland currently excludes p~Rle from tlie Rarks for 39 days on an initial violation
and up to 180 days or. rel1eat offend~Pted tliose exclusion periods for this
ordinance. The Rers n w~lave to oe excluded two times previously before the 180 day
exclusion coulCl oe institute . :tire t.he exclusionary time periods appropriate? (10.02.040)
. The process for. ppeals meets the City's ~ds (requires a hearings officer, the hearings
officer could be tliJI{ity h;aminiSti'ator). (1~2.060)
. All ne. exemRtions from the exclusion~re included. (10.02.070)
--
If you have any questions give me a call at
.
*************************************************
ORDINANCE NO.
AN ORDINANCE RELATING TO ENHANCED ENFORCEMENT AREAS, AND
ADDING CHAPTER 10.02
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Annotated to show aeletioHs and additions to the code sections being modified. Deletions are
bold ... and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes,
and common law of the United States and of this State expressly or impliedly grant
or allow municipalities, as fully as though this Charter specifically enumerated each
of those powers, as well as all powers not inconsistent with the foregoing; and, in
addition thereto, shall possess all powers hereinafter sj:]eei'fically granted. All the
authority thereof shall have perpetual succession;
WHEREAS, the Department has wor
downtown area to address the concern 0
area;
SECTION 2.
Sections 10.02.010 [Definitions] through 10.02.070 [Exemptions from Exclusion] are
hereby added to read as follows:
10.02Enhanced Enforcement Area
10.02.010 Definitions.
Page 2 of7
A. "Arrest" means to place a person under actual or constructive restraint, or to take a
person into custody for purpose of charging that person with the commission of an
offense. .
B. "Cite" means to issue a citation to a person for commission of an offense.
C. "Enforcement officer" means a peace officer as defined by ORS 133.005, or any
other person with authority to issue citations under the Ashland Municipal Code.
D. "Enhanced Enforcement Area" means the geographic area designated as such in this
Chapter.
E. "Enumerated crime" means: .
I. Harassment as defined in ORS 166.065. Jff!;
2. Intimidation as defined in ORS 166.155 through 1,~5.
3. Disorderly Conduct or Riot as in ORS 166.015 thfougnI66.025.
4. Discharge of a weapon within City Limits as d{fil'd~AMC 10.92.020.
. ~
5. Assault as defined III ORS 163.160 throug 63.185.
6. Public Indecency in ORS 163.465.
7. Trespass as defined in ORS 164.245 ough 164.265.
8. Rape and Sexual Abuse as define' S ] 63.355 through 163.~..
9. Criminal Mischief as defined in OR 64.345 thr~~gh 164.365. T
10. Prostitution or related offenses as definei:l in @~S~167.007-167.017.
11. Providing Liquor to a Person~Under 21 as i:lefined by ORS 471.410.
12. Tampering, Possession, ~"e1~~ :anufDre of a Controlled Substance as
defined in ORS ]6. 7.203, ORS 16Vc.2n ORS 47.)~through 475.285, or ORS
475.840 through 475.980. y
13. Offens~ve ~~.fined i 'R
14. Menaclllg=efine~~~RS ]6'~,
15. Arson ~~Kless Burning as defUie in ORS 164.315 through 164.335.
16. Burgla~~seft, or U~'V as defin 'n ORS 164.043 through 164.057, 164.215
through] ~;11.~:, or,,(i)&S",,64.272.
17. egligently Wloun'" ." Anoth~Ying a Concealed Weapon, and other
relatei:l offenses fined in ORS 166.180, 166.190, 166.220, 166.240, 166.250,
166.270, or. i66.27<2
18. Interfering Wi,lli aPeac Officer or Obstructing Governmental Administration as
defined in ORS It62.235t)iTough 166.247.
I . . iving Under tne Influence of Intoxicants as defined in ORS 813.010.
20. 'M attempt to commit or conspiracy to commit an any of the above-enumerated
offense as defi!ll in ORS 161.405, or ORS 161.450. .
F. "Hearings 0 ' tcer." means a person appointed by the city council to serve in a quasi-
judicial capacity to review civil penalties imposed under this chapter. /
G. "Identified violation" means:
I. MIP- Tobacco as defined in ORS 167.400.
2. MIP-Alcohol as defined in ORS 471.430.
3. PCS-Less than one ounce Marijuana as defined in ORS 475.992.
4. Consumption of Alcoholic Liquors in Public Places as defined in AMC
10.40.030.
5. Open Containers as defined in AMC 10.40.040.
6. Unnecessary Noise as defined in AMC 9.08.170.
Page 3 of7
7. Scattering Rubbish as defined in AMC 9.08.1 ]0.
H. "Pedestrian public ways" means any sidewalk, plaza, alley, parking structure or
parking area, or other way designated and regularly used for pedestrian travel, any
planter strip or landscaped area located adjacent to or contained within such streets,
plazas, alleys, or other ways, and includes that portion of public rights of way used
for the parking of vehicles, but does not include that portion of public rights of way
regularly and traditionally used for vehicular travel.
I. "Public Premise" means any city property or other premise under the control or
authority of the City of Ashland or one of its subdivisions.
J. "Street" means any public right of way or alley designate
traditionally used for vehicular travel.
. K. "Travel" means movement by foot, vehicle, or other con yance on a public premise,
pedestrian public way, or street, from one pointt~ther without delay other than
to obey traffic control devices. ~ V
10.02.020 Designation of Enhanced Enforcemerf#.s
A. The area designated as the commercialrtown overlay district ( -];) shall be
designated as an enhanced enforcement area. I. d. ..
B. The city council may designate additional geograp'lik areas as Enhanced
Enforcement Area~ if the council determines'h~ Area has been either identified
as a high crime area or determineo to be of impoffiU1ce as an area of special historic,
business, economic, or. other i~es 0 ill citizen~hland and that designating
the area will:. ....,. l>.-.~. . .
I. Lower cItIzen :VICtimizatIOn, cmomc UIS n Vlty, or dIscourage cnmmal
activity, and
2. lncreasc.lic safe
10.02.030 Posting of'Eiihance~nforcement Area
Any Enhanced Enforce~ea sSIl~ at the intersecti~n of each
street (not incluoing alley~ creates the bo aer for the Area.
] 0.02.0~ Time Periods or ~Xclusion .
In addition to any other rem dies ~ided for violation of the Ashland Municipal Code, or
of any oftlie laws of the S~'OfOregOn, an enforcement officer may prohibit a person from
re-entering lie area under tlie erms of this section.
A. Exclusion for Identified Violations. Any person cited or arrested by an enforcement
officer for an idlSrti'fied violation within an Enhanced Enforcement Area shall be
prohibited fnfttl')6eing on public premises, pedestrian public ways, or streets within
the Area for any purpose other than one specified under AMC 10.02.070
(Exemptions), for a period of thirty (30) days.
B. Exclusion for Enumerated Crimes. Any person cited or arrested by an enforcement
officer for an enumerated crime within an Enhanced Enforcement Area shall be
prohibited from being present on public premises, pedestrian public ways, or streets
within the Area for any purpose other than one specified under AMC 10.02.070
(Exemptions), for a period of sixty (60) days.
Page 4 of?
C. Extended Exclusionary Period. If the person to be excluded from the Area has heen
excluded from the Area on two or more occasions within two years before the date of
the present exclusion, the exclusion shall be for a period not to exceed] 80 days. A
person that violates AMC 10.02.050 (Criminal Trespass in enhanced Enforcement
Area) shall be issued an additional one year exclusion to take effect on the expiration
date of any current exclusion notice. Nothing in this Section shall be c~nstrued to
authorize the exclusion of any person lawfully exercising free speech rights or other
rights protected by the state or federal constitutions. However, a person engaged in
such protected activity who commits acts that are not protected, but that violate
applicable provisions of law, shall be subject to exclusion as IJrovided by this
Section.
10.02.050 Criminal Trespass in Enhanced Enforcement
Section 10.02.040 is in addition to and not in lieu o[,1l.l1Y other orOinance or law. No
person shall enter or remain in any Area at any t' (juring which a'notice of exclusion is
effective under this chapter. Entering an area i ation of an exclusi rder constitutes
criminal trespass in the second degree, whic class C misdemeanor.
10.02.060 Civil Exclusion Process
A. Written notice shall be issue~e enforce fficer at the time the person is
cited or arrested for the commissi~he identI1'iea~olation or enumerated crime.
The exclusion notic? shall spe~~th"el'Offen~e or Offen!e upon wh!ch the notice is
based, the geographIcal extent Ofi~' e ex~l3'n and da . of exclUSIOn. It shall be
signed by the issuinglRarty, and tHe conseguences or, fai ure to comply shall be
prominently disI1l~ifa~ notice,~~with the procedure for filing an appeal.
B. A person recei~i!g such n ~ 'ce may apj:!eal in accordance with AMC 2.30 to have the
written notiG'scinded pe~iod ~~rten~d. The appeal notice sh~ll .specify the
reli~f s~ught a:n~~e re To s~d reli~aJlure to fil? an app~al wllhm the ap'p:al
penod 1 MC 2'!'~1i be a waJy.e~aI1 nghts to revIew the Issuance and validity
o llie>notice of exclus~n or extension. The hearings officer shall dismiss any appeal
lea outside of~ t=frame. The name and address set forth in the request shall
deemed conclusively ~rl'ect and mailing to the person at that address, by first
ass mail, shall b'emedlili~livered three (3) days after the date of mailing. Failure
~~,person to actually receive a notice of hearing or the hearings officer's decision
ifmlii\!~ the ad ~ set forth in the request shall not invalidate or otherwise affect
the valilli~f a lice or decision.
C. The Hearingr~: r shall uphold the exclusion if, upon de novo review, the
preponderance.of the evidence convinces the Hearing Officer that, more likely than
not, the person in fact committed the crime or violation, and that the exclusion is
otherwise in accordance with law.lfan appeal of the exclusion is timely filed under
AMC 2.30, the effectiveness of the exclusion shall be stayed, pending the outcome
of the appeal. If the exclusion is affirmed, the exclusion shall be effective
immediately upon issuance of the written decision and shall commence and run for
the specified number of days thereafter.
10.02.070 Exemptions from Exclusion
Page 5 of7
A. Notwithstanding AMC 10.02.060 (Civi(Exclusion Process), a person to whom an
exclusion notice has been issued may be present on public. premises, pedestrian
public ways, or streets within an Enhanced Enforcement Area for the following
purposes: _
I. To travel to and from a scheduled meeting with an attorney or criminal justice
personnel within the Enhanced Enforcement Area;
2. To travel to and from obligations performed in compliance with an order of the
court or a criminal justice agency within the Enhanced Enforcement Area;
3. To travel to or from an administrative or judicial hearing to which the person
is a party within the Enhanced Enfo.rcement A~ea; ... .
4. To travel to and from a pubhc or pnvate estabhshriientlocated m the Enhanced
Enforcement Area to obtain goods or services erwise reasonably
available outside the Area to satisfy essentia ,of~e person. As used in
this paragraph, "essential needs" means foo ,physic1'rrctire, or medical
attention;
5. To travel to and from the person's R
Enforcement Area or to Rerform directly related to law
6. To travel to and from a governmen ency,~te non-profit co' oration, or
treatment provider within the Enhance Enforcement Area to obtain social
services, counseling, oWrit~ent needd:l for the health or well-being of the
person in association willi cHemical depenaency or mental health;
T I d fi 'IlIl\ ....'!'JIiliI!l'I" '1' 'OJ!!'f!: h E h dEli
7. 0 trave to an rom a e"ucatlOn3 *,aCI lly WI"lln ten ance n orcement
~ -~ ""e..
Area to enroll as a student ~~Hena'fscHedu]ed c1~es; . .
8. To travel to ann rom a educa:h,o~~~~aclhty wlthm the Enhanced
Enforcement r a or Rurpo~~Jimeetmgs, <Iroppmg-off, or plckmg-up mmor
childre~r whom llie persorilij:~s legal custody or guardianship;
9. To tt_to and from II religiouJli&Jitution within the Enhanced Enforcement
Area for-the RU oses on exercisinl~the person's right to worshiR;
10.. ;[0 travel 0 and from tHe JlCt11~~\iliwf'rmanent residence within the Enhanced
Enfo en '5to travel to and from a resIdence of an ImmedIate fmmly
mem e . in tile Enhanced Enforcement Area. For purposes of this
Raragrapn 'mme i~~~amily" means the person's parents, in-laws,
stepparents, siblings, gj:andparents, children, or grandchildren.
iII1 nerson to who~an exclusion notice has been lawfully issued and who is present
on a}! blic Rremi~ pedestrian public way, or street Rursuant to this section shall'
travell5 the most llirect and shortest route to and from the locations specified in
subsection ~ 0 this section. If stopped by an enforcement officer, the excluded
Rerson has . e burden to demonstrate, by clear and convincing' evidence, that the
person is traveling to or from one of the locations specified in subsection A for an
authorized purpose.
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, Raragraphs and clauses.
SECTION 4. 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
Page 6 of7
another word, and the sections of this Ordinance may be renumbered, or re-letlered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,3,
and 4) 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 ,20]],
and duly PASSED and ADOPTED this day of ,20] I.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Reviewed as to form:
,
Page 7 of?
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
85 Winburn Way (PA #2010-01239)
April 5,2011 Primary Staff Contact:
Community Development E-Mail:
Legal Secondary Contact:
Martha Bennet Estimated Time:
Maria Harris
harrism{al,ashland.or. us
Derek Severson
60 Minutes
Questions:
Does the City Council wish to affirm, reverse, modify or remand back to the Planning Commission the
decision to approve Planning Action #2010-01239 - a Comprehensive Plan and Zoning Map
Amendment, Site Review, Tree Removal Permit, and Physical & Environmental Constraints Review
Permit to construct a 10,632 square foot building at 85 Winburn Way?
Does the City Council wish to approve the Development Agreement proposed by the applicants, make
changes to the Development Agreement prior to approval, or reject the Development Agreement?
Staff Recommendation:
Staff recommends the Council affirm the Planning Commission's decision to approve Planning Action
#2010-01239 with conditions. Staff also recommends that the City Council approve the Development
Agreement with the amendments discussed at the February meeting.
Background:
At the February 15,201] meeting of the City Council, the Public Hearing was conducted. Complete
background was provided with the Council Communication for that meeting. At the end of public
testimony, the hearing and the record were closed and the item was continued to the March 1,201 I
meeting for deliberations and decisions. At the March I meeting, the Council began deliberations; the
discussion at that meeting focused largely on determining the appropriate 'uses of the site for inclusion
in the Development Agreement.
If the Council agrees that the subject property is a transition area between downtown, Lithia Park and
the surrounding residential neighborhood, and therefore agrees that there is a public need to rezone the
property at 85 Winburn Way accordingly, in staff's view there are three main decision points to
consider.
I. BUILDING: Is the proposed size, scale and design of the building appropriate? (i.e.
Does the proposed building meet the Site Review criteria?)
. The Planning Commission found the proposal to meet applicable Site Review
criteria including the Detail Site Review Zone and Historic District Design
Standards. Additionally, the Historic Commission recommended approval of
the application as submitted.
2. PARKING: Given the request is to be included in the C-I-D zoning district and as a
result, the proposed development would not be required to provide off-street parking, is
Page 1 of3
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CITY OF
ASHLAND
there a need to mitigate the parking impacts associated with the proposed development
on the public parking system? Potential options regarding parking mitigation are:
. Not requiring any additional measures.
. Requiring "Transportation Demand Management" measures to offset motor
vehicle parking demand. T~e Planning Commission found that, particularly
within the downtown, the need to accommodate cars cannot outweigh bigger
picture planning objectives of creating a human- scale, pedei'trian-fiiendly built
environment. The Commission required that potential parking impacts be
mitigated through transportation demand management measures including the
development of a multi-modal transportation plan with a staff ride share
coordinator, free employee bus passes, secure bicycle parking for employees and
customers, and showers and lockers to serve bicycle commuting employees.
. Signing in favor of a Local Improvement District to participate in a future
downtown parking district as proposed by the applicants.
. Requiring an in-lieu of parking fee for the associated impacts of the proposed
development to public.parking facilities
The Downtown Plan established shared public parking areas in the C-I-D zoning
district, rather than requiring small scattered off-street parking areas on individual
properties. The use of consolidated public parking areas in the downtown district has
allowed the historic building pattern of multi-story buildings, constructed side by side,
to continue. The downtown building pattern contributes to creating a pleasant
pedestrian environment by providing a compact downtown with a wide variety of uses
and attra~tions within walking distance.
In staff's opinion, the primary issue to consider in regards to parking and the proposal
for 85 Winburn Way is whether a request to be included in the C-l-D zoning district
and thereby not having to provide parking on the private property requires mitigation
for the impacts to the shared public parking system serving the downtown.
3. USES: Is there a need to make further refinements to the uses allowed in the C-I ~D
zone to better fit the transitional area between the downtown, Lithia Park and the
surrounding residential neighborhood in the development agreement?
. The Planning Commission eliminated some uses because of concerns with
compatibility and impacts on Lithia Park and nearby residences, including
nightclubs, bars, hotels and motels. In addition, medical offices were
recommended as a Conditional Use, rather than outright permitted for the
potential impacts they bring.
. The Council began a discussion of the uses at the March I st meeting, and there
appeared to be consensus on the following (see attached minutes):
Permitted Uses - Professional, financial and business offices, and personal
service establishments; restaurants; theaters; public and quasi-public utility and
Page 2 00
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CITY OF
ASHLAND
service buildings including public parking lots but excluding electrical
substations,
Special Permitted Uses - Residential use was retained as a special permitted
use without a restriction on the percentage of ground floor square footage.
Conditional Uses - Limited manufacturing; printing, publishing, lithography,
xerography, and copy centers; temporary tree sales; and temporary uses.
Still to be discussed - Parking, medical offices and churches.
Notes - Stores, shops and offices supplying commodities; bowling alleys and
miniature golf courses; outdoor storage; and hotels and motels were entirely
removed from the list of uses.
Related City Policies:
Comprehensive Plan policies found to be relevant by the City Council.
Council Options:
I. Affirm the decision of the Planning Commission, approving the application, and adopt the
Development Agreement with any modifications the Council feels are merited.
2. Modify the decision of the Planning Commission.
3. Reversethe decision of the Planning Commission and deny the application.
Potential Motions:
I. Move to affirm the decision of the Planning Commission, approve the application, and direct
staff to prepare findings for adoption by Council; and
Move to have staff make the following changes to the Development Agreement and bring back
an ordinance for first reading.
2. Move to modify the decision of the Planning Commission (detail the modifications to the
decision) and direct staff to prepare findings for adoption by Council (incorporating the
following modifications.. .); and
Move to have staff make the following changes to the Development Agreement and bring back
an ordinance for first reading.
3. Move to reverse the decision of the Planning Commission, deny the application, and direct staff
to prepare findings for adoption by Council.
Attachments:
Minutes of the March 151 meeting.
The full record for Planning Action #2010-01239 is available on-line at:
http://www.ashland.or.us/85winburn
Page 3 of3
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ASHLAND CITY COUNCIL MEETING
March I. 2011
Page 1 0/9
,
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
Marcb 1,2011
Council Cbambers
1175 E. Main Streel
CALL TO ORDER
Mayor Stromberg ealled the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present.
MA YOR'S ANNOUNCEMENTS
Mayor Stromberg announced the' annual process for various poSItIOns on the City's Commissions and
Committees was open. The deadline for submitting applications is Mareh 18,2011.
SHOULD THE COUNCIL APPROYE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session of February 14, 2011, Executive Session of February 15, 20 II and Regular
Meeting of February 15,20 II were approved as presented.
SPECIAL PRESENT A nONS & AWARDS
The Mayor's Proclamation of International Women's Day was read aloud.
CONSENT AGENDA
I. Does Council wish to approve tbe minutes oftbe Boards, Commissions, and Committees?
2. Does Council bave any questions regarding tbe Asbland Response Team update?
3. Does Council bave any questions regarding tbe Ashland Fire and Rescue Annual Report?
4. Does Council wisb to confirm tbe Mayor's appointment of Margaret Garrington to the Public Arts
Commission witb a term to expire April 30, 2012?
5. Will Council direct stafT to submit a grant application to fund tbe preparation of an area plan for tbe
Nortb Normal Avenue Neigbborbood?
Councilor Chapman requested that Consent Agenda item #5 be pulled for discussion.
Councilor Slattery/Morris m1s to approve Conse'nt Agenda items #1 tbrough #4. Voice Vote: all A YES.
Motion passed.
Councilor Chapman thought the North Normal Neighborhood Plan would interfere with outstanding projects in
the Planning Department and would not support the project. Community Development Director Bill Molnar
explained the plan density for the area in total was roughly six units per acre, below the threshold identified in
Regional Problem Solving (RPS). There was no local street system laid out for it and a comprehensive planning
project would allow the City to look at the entire 90 acres. The grant would establish a pre-plan so when
annexations occurred innovative ways to minimize impacts on natural resources through density transfer would
be in place. Planning discussions with property owners would address eonnectivity challenges. Mayor
Stromberg added Jackson County could break the property into low-density parcels that would remove the
City's ability to use it under the buildable lands inventory for compact development.
Councilor Cbapman/Silbiger m1s to not apply for tbe grant. DISCUSSION: Councilor Silbiger thought the
grant would take time away from projeets that have been waiting for years. Roll Call Vote: Councilor
Cbapman and Silbiger, YES; Councilor Voisin, Lembouse, Slattery and Morris, NO. Motion denied 2-4.
Councilor Voisin/Slattery m1s to approve Consent agenda item liS. Roll Call Vote: Councilor Voisin,
Lembouse, Slattery and Morris, YES; Councilor Cbapman and Silbiger, NO. Motion passed 4-2.
ASHLAND CITY COUNCIL MEETING
March J, 2011
Page 2 0/9
PUBLIC HEARINGS
1. Should Couucil approve First Reading of an ordinance 'amending the Asbland Land Use Ordinance
Chapter 18.62 (pbysical and Environmental Constraints), an ordinance amendiug tbe Ashland
Municipal Code Cbapter 15.10 (Flood Damage Prevention Regulations), and revisions to tbe FEMA
Flood Insurauce Rate Maps and move both ordinances on to second reading?
Senior Planner Brandon Goldman provided a presentation on the FEMA Flood Insurance Rate map
Modernization Project Components that included:
. New FEMA Flood Hazard Mapping
. The Flood Insurance Study and revised FEMA Special flood Hazard Maps (FIRMS) are effeetive May
3,2011
. FEMA Flood Insurance Rate Map changes - FEMA's Map Serviee Center: www.msc.fema.gov
FEMA flood Insurance Rate Map Modernization Project
. Modifies 100 year and 500 year flood zones
. Sludy of Flood zones completed
. Delineates inundation areas
. Pre-existing letters of Map Amendments (LOMAs) 10 be revalidated: FEMA agrees to make flood
insuranee available within a community. The community agrees 10 adopt the Flood Insurance Study,
Flood Insurance Rate Maps, and floodplain management ordinance and enforce the regulations in that
ordinance
. Ashland is a participating jurisdiction in the National Flood Insurance Program and Community Rating
System
Local Ordinance Amendments
. Land Use Code - Physical and Environmental Constraints (18.62)
. Building Code - Flood Damage Prevention Regulation (15. ]0)
Insurance Issues
. Property owners are strongly advised 10 consult their Insurance Agent immediately to evaluate their
changing flood insurance needs
. Purchase flood insurance BEFORE Ihe map revisions go into effect May 3, 20 II
. Maintain continuous coverage
Upcoming Insurance Fair
. Regionally Coordinated Training for local (nsurance Agents March 21~
. Public Insurance Fair tentatively scheduled for March 29th
. Detail will be available at: http://www.ashland.or.uslfemaupdates
Resources
. Amy Gunter, Assistant Planner 541-552-2044, gunteralalashland.or.us
. Christine Shirley, NFIP Coordinator, Dept. of Land Conservation & Development, .503-373-0050 x250,
FAX 503-375-5581, Christine.shirlev@state.or.us .
. Flood policy coverage and rates: 1-800-427-4661
. FEMA Map Assistance Center: 1-877-FEMA MAP (]-877-336-2627)
,
Staff summarized the key issues were changes 10 flood map lines that would go into effect May 3, 2011.
Property owners needed to check with their insuranc~ to determine how it will affect their property. They could
also use a Letter of Map Amendment (LaMA) to have their property delineated as outside the flood plain and
there were mitigation steps if they were in the flood plain. Council needed to pass the ordinances in order to
remain a participating community with 15% premium reductions and enable people to get national flood
insurancc or federal funding for repairs within the flood plain in the event of a flood. Additionally, the City
needed to adopt the Flood Insurance Study and FIRM maps in total.
Assistant Planner Amy Gunter explained why the City of Central Point and portions of Jackson County appealed
the original map information. This was the first time FEMA mapped Central Point and it revealed 3,500
households in floods zones because it is one of the lowest areas in the valley. The removal of Gold Ray Dam
ASHLAND CITY COUNCIL MEETING
March I, 2011
Page 3 of9
afTe~ted the other areas in Jackson County. FEMA remedied the appealS and issued letters of final
determination for the entire town. Mr. Goldman added the appeal period had passed and the maps were
complete by FEMA standards and not subject to change except for the letter of map amendment.
Public Hearing Open: 7:38 p.m.
Zacb Brombacber/1370 Tolman Creek RoadlExplained Hamilton Creek ran throughout his property and his
April 23, 2003 LOMA was not represented on the FEMA maps. He noted other issues with changing the flood
plain on his property, conservation easements, and a current issue of the City dumping storm water onto his
land.
,/
Public Hearing Closed: 7:41 p.m.
Councilor Voisin/ Silbiger m/s to approve tbe first reading and amendments to tbe Cbapter 18.62
Pbysical and Environmental Constraints of tbe Asbland Land Use .Ordinance (ALUO) and scbedule
second reading for Marcb IS, 2011. DISCUSSION: Councilor Lemhouse felt pressured into making a
decision he did not want to make. Councilor Chapman did n6t understand why Ashland did not appeal.
Councilor Morris supported the creeks already mapped but had issues with the unmapped areas and inaccuracies
and thought they should be corrected prior to adoption. Councilor Slattery agreed with Councilor Lemhouse that
Council was in the position where they had to vote this through for the overall good. Councilor Voisin would
support the motion. It was Council's role to protect the larger portion of the community, FEMA's information
did have inaccuracies, but the disaster would be having a flood where the City could not apply for FEMA funds.
Roll Call Vote: Councilor Voisin, Slattery, Silbiger and Lembouse, YES; Councilor Morris and
Chapman, NO. Motion passed 4-2.
Councilor Voisin/Slattery m/sto"approve first reading ordinance amendments to Cbapter 15.10 of tbe
Ashland Municipal Code and revisions to tbe Flood Insurance Study and FEMA Flood Insurance Rate
Maps and scbedule second reading for Marcb 15, 2011. Roll Call Vote: Councilor Voisin, Slattery,
Silbiger and Lembouse, YES; Councilor Morris and Chapman, NO. Motion passed 4-2.
2. WiII Council direct Staff to develop a purcbase and sale agreement to transfer City property on
Cbitwood Lane to GroundWorks for the purpose of developing five affordable bousing units?
Senior Planner Brandon Goldman explained the Parks and Recreation'Department initially purchased the
property for a park. The City purchased a third acre for $125,000 for affordable housing using funds from
properties sold on Strawberry Lane. In 2008, the City selected Rogue Valley Community Development
Corporation (RVCDC) currently known as GroundWorks to build five low. income moderate home ownership
units. The preliminary project design and project pro-forma were complete and GroundWorks was ready to
submit a formal planning action application and obtain signatures from the City.
Public Hearing Open: 7:54 p.m.
Jobn Wbeeler, Executive Director for GroundWorkslRVCDC/Explained GroundWorks was also developing
15 homes in Rice Park that would be complete late summer 2011" They were able to finance development by
expanding the Rice Park project to include the five houses at Chitwood. These homes were mutual self-help
sweat-equity homes where the future owners work together 32 hours a week until all the homes are finished.
The Chitwood homes would sell at $158,000 fora two-bedroom and $163,000 for a three bedroom if the land
sold at $75,000. Selling the property for $75,000 enabled GroundWorks to obtain a grant for $15,000 per house
that could go towards the acquisition, Currently GroundWorks was working with the City to complete National
Environmental Policy Act (NEPA) to access those funds. GroundWorks will maintain ownership of the land
and in mutual self-help would recapture a subsidy if someone sold his or her house. Homeowners can only sell
to low-income families.
ASHLAND CITY COUNCIL MEETING
March /. 20/1
Page 4 019
Regina Ayarsll99 Hillcrest/Spokc as a citizen not as Housing Commissioner and noted the Chitwood project
would offer five families the opportunity to build and own their homes. The Request for Qualifications (RFQ)
stated the City might entertain reductions in sale price as a necessary subsidy to facilitate the properties
development. GroundWorks indicated they would ask for a reduction in the price at that time. The $50,000
difference would offset the energy efficiency and earth advantage designation. Proceeds from the sale of the
property were originally designated for the Housing Trust Fund. She strongly encouraged Council to selllhe
parcel to GroundWorks for $75,000 and move proceeds from the sale to the Housing Trust Fund.
Mayor Stromberg referred to the letter submitted by the Deerfield Homeowners Association. Mr. Goldman
explained staff met with the Homeowners Association along with Parks and Recreation Director Don Robertson
and John Wheeler from GroundWorks. They addressed contact information, the master plan the Parks
Commission was contracting GroundWorks to conduct that would include on site detention of storm water, and
how the Parks and Recreation Department mainiained the grass. Additionally, the presence of GroundWorks
developing the property then the subsequent homeowners would help dispel current behavior neighbors were
observing.
Public Hearing Closed: 8:07 p.m.
-'\.
Councilor SlatterylMorris mls to direct staff to develop a Purcbase and Sale Agreement for transfer of
tbe 14,000 property to RVCDC/GroundWorks for $75,000 for the development of five affordable housing
units, and autborize GroundWorks to submit a planning action application for tbe proposed subdivision
and development. DISCUSSION: Councilor Slattery thought it was a great project. Councilor Chapman did
not think the City should be involved in the development portion of affordable housing and instead have a third
party hold the land and let GroundWorks go through the Planning process. City Administrator Martha Bennett
explained the City would sell the property to GroundWorks and the motion allowed them to apply to lhe
Planning Department while the purchase and sale agreement was finalized. The City would co-enter the
Planning application and GroundWorks could not submil an application to the Planning Department without the
landowners' approval. Roll Call Vote: Councilor Slattery, Lemhouse, Silbiger, Voisin and Morris, YES;
Councilor Chapman, NO. Motion passed 5-1.
Councilor Voisin/Slattery mls to allocate proceeds from tbe sale of tbis land to the Ashland Housing Trust
Fund. DISCUSSION: Ms. Bennett clarified Council had purposely left this as a separate account in the
General Fund until it reached a specific dollar amount to offset the accounting cost of creating a separate fund.
Monies were earmarked for affordable housing. Administrative Director Lee Tuneberg added currenlly in the
General Fund there was approximately $23,000 restricted for Housing and $120,000 from the Strawberry Lane
sale. Roll Call Vote: Councilor Slattery, Lembouse, Silbiger, Voisin and Morris; YES; Councilor
Cbapman, NO. Motion passed 5-1.
PUBLIC FORUM
Emery Wayn24 Y, Siskiyou Boulevard/Southern Oregon University (SOU) RepresentativelExplained a
recent Homelessness Town Hall meeting resulted in a group of students, homeless people, community at large
and businesses forming a group interested in finding solutions to the homelessness issue. The group wanted to
create a community opinion in response to the ordinances on homelessness coming before Council April 5,
20 II. They asked that ordinance language be made public at leasl one week prior to the meeting, if possible, in
order for their opinion to be pertinent. He invited anyone interested to attend their weekly meetings on
Thursday in the Stevenson Union at SOU, room 319 from 6:00 p.m. to 8:00 p'.m.
Brian Comnes/444 Park Ridge PlacelRecently moved to Ashland beeause it was considered a progressive,
aware, and caring community. He wanted the homeless issue addressed in the same progressive, caring, and
aware fashion. He did not find homeless people in Ashland threatening, and noted other cities that had
aggressive panhandling issues. He hoped the City would not use exclusionary zones, other eities that had
incurred more problems and legal responses and he thought those efforts created a mean-spirited environment.
He encouraged the City to explore positive approaches to homcless issues.
ASHLAND CITY COUNCIL MEETING
March I, 2011
. Page 5 0/9
UNFINISHED BUSINESS
I. Will Council adopt a resolution allocating Tran.ient Occupancy Tax (TOT) revenue for tourism and
non-tourism purposes for FY201I-2012 and establisbing criteria for tbe grant program?
City Administrator Martha Bennett declared a conflict of interest and recused herself. Councilor Slattery also
declared a conflict of interest and asked Council to recuse him from the discussion. He was related to the'
Executive Director of the Ashland Chamber of Commerce who benefitted from the grants.
Councilor Cbapman/Lembouse mls to recuse Councilor SlaUery. All A YES. Motion passed.
Councilor Slattery and City Administrator Martha Bennett left the meeting at 8:20 p.m.
Councilor SilbigerfLembouse mls to adopt a Resolution using tbe allocation for option 1/2.
Councilor SilbigerfLembouse mls to amend tbe motion, tbe 5150,000 tbat is listed in tbe Council
Communication as Strategic Planning and listed in tbe previous Resolution as Economic Development,
tbat 5150,000 be reserved for Economic Development Programs to be allocated by resolution of the City
Council. DISCUSSION: Councilor Silbiger wanted to reserve the funds for economic development and have
Council decide how it was spent. Administrative Services Director Lee Tuneberg explained the money could
go as restricted funds into the Ending Fund Balance of the General Fund for a subsequent budget year or
appropriated but not spent under economic development until Council identified the program or expenditure.
Councilor Silbiger clarified he wanted it appropriated for the next budget year. Roll Call Vote: Councilor
Voisin, Morris, Cbapman. Silbiger and Lembouse, YES. Motiou passed.
DISCUSSION on amended motion: Councilor Silbiger thought the allocations in Option 2 gave a substantial
increase to small grants as well filled out the balance for thc General Fund and the Chambcr of Commerce for
the tourism portion of the grant. Councilor Lemhouse still preferred raising the rate for the Visitors Convention
Bureau (VCB) and putting the remainder into the General Fund but Option 2 was better than other options.
Councilor Voisin reluctantly supported the motion and voiced coneern the small grants should receive the full
amount indicated in Option 1/1. The organizations thaI applied had no other source but these grants where the
General Fund and the Chamber of Commerce had many. Councilor Chapman opposed the motion and thought
small grants should be allocated under Economic and Cultural Grants and not have to determine what percent
they would do in tourism. Roll Call Vote on amended. motion: Councilor Voisin, Morri., Silbiger and
Lembouse, YES; Councilor Cbapman, NO. Motion passed 4-1.
Councilor Slattery and City Administrator Martba Bennett returned to meeting at 8:37 p.m.
2. Does tbe City Council wisb to 'affirm, reverse, modify or remand back to tbe Planning Commission
tbe decision to approve Planning Action 1/2010-01239 - a Comprebensive Plan and Zoning Map
Amendment, Site Review, Tree Removal Permit, and Pbysical & Environmental Constraints Review
Permit to construct a 10,632 square foot building at 85 Winburn Way?
and
Does tbe City Council wish to approve the Development Agreement proposed by the applicants, make
cbanges to tbe Development Agreement prior to approval, or reject the Development Agreement?
Mayor Stromberg noted the Public Hearing on this item was closed and there would be no further public
testimony. He went on to read a statement that the applicants might have improperly influenced Community
Director Bill Molnar with a previous contact that involved a plane ride on the applicant's plane six weeks prior
to the applicant submitting a pre-application request for the restaurant at 85 Winburn Way on August 17,2009.
When staff was informed by a citizen, Mr. Molnar was removed from working on the 85 Winburn Way
application and concurred with that decision. Mr. Molnar had also asked the Oregon State Ethics Commission
to determine whether the flight was a gift under state law. Ashland Municipal Code Ethics violations were
considered a personnel matter handled by the City Administrator and not a matter for the Council to debate as
part of the planning action.
ASHLAND CITY COUNCIL MEETING
March I, 2011
Page 6 of9
The Interim City Attorney advised the Mayor and Council that because the City Council was the final decision
maker, they could correct any bias held by the staff as long as the Council conducted an open hearing and
considered the application on its merits. Additionally, the Land Use Board of Appeals (LUBA) previously
found that the bias of a staff person was moot because it was the decision maker's responsibility to remain free
of bias. During the hearing on February 15,2011, all Councilors formally stated they could be objective
regarding the application. The State Ethics Commission will determine whether this event violated state ethics
law and the City Administrator will determine if City Ethics Law was violated. Any staff bias that might have
occurred will be cured by the Council's own process of objective decision-making.
ABSTENTIONS, CONFLICTS, EX PARTE CONTACTS
Councilor Slattery disclosed he had stopped several conversations regarding the project and had nothing else to
declare. Councilor Morris disclosed he had passed the location several times and many people asked him for a
status and he said it was undecided. Councilor Lemhouse frequented the generai'area, had received numerous
emails regarding the project that he did not read. Councilor Voisin declared no conflict of interest or ex parte.
Councilor Silbiger avoided the emails regarding the project and had nothing else to disclose. Couneilor
Chapman declared no ex parte.
Associate Planner Derek Severson clarified information based on the March 15, 2011 testimony. The applicant
was not willing to pay in-lieu-of-parking fees to offset the demand on parking. However, they would participate
'in a downtown local improvement district (LID) regarding parking with ol,her businesses.
Regarding allowed uses within the development agreement (DA)"medical uses in C-I-D zone were an outright
permitted use. The Planning Commission recommended it change to a conditional use for this project. Staff
could add a condition to the DA stating medical offices were a conditional use during the parking LID and upon
completion of that LID, be restored to outright permitted.
Systems Development Charges (SDCs) would not include transportation or Parks. The City would not require
the applicants to pay SDCs for water, sewer, and storm sewer for the Zamboni structure. The applicant's
testimony stated that amount would be a couple hundred dollars. Based on the SDCs, it would range from
$7,000-$10,000.
Additionally testimony from the applicant regarding building valuation indicated the site improvements and the
Zamblmi and Ice Rink support building totaled approximately $600,000. Commercial valuation is close to $125
per square foot. The Zamboni and Ice Rink support building would be a 600-700 square foot project and
significantly lower than the amount suggested by the applicant.
In terms of traffic impact, the Public Works Department determined a Traffic Impact Analysis was not needed.
For applicability of a zone change and development agreement to City Propertics, thc Planning Commission
recommended the zone change apply to the Ice Rink Jot only and not the other city properties.
For option on the property, staff provided sample language for the DA in case Council wanted "first right of
refusal" or "first offer." Staff also provided language for the Non-Competition Clause and noted that the clause
did not extend to the Community Center or Pioneer Hall just the Ice Rink support building. Alternately, the
non-competition clause would not apply during the Fourth of July celebration.
To address the perpetual easement to the Ice Rink lot, staff could incorporate language that would allow the
applicant use of a portion of the property for security and maintenance.
Mr. Severson clarified in a C-1-D zone there were no site setbacks required. There were minimum sidewalk
requirements in street standards but not specifically for site circulation.
Couneil agreed the area should not be zoned residential but was concerned on the variety of uses a C-J-D zone
ASHLAND CITY COUNCIL MEETING
March I. 2011
Page 70f9
entailed. Other areas of concern were "spot zoning" three properties when the zone change should apply to the
entire block. If the properties were zoned for commereial, it should include a Parks overlay. Originally, the
Planning Commission and Planning Department should have initially addressed zoning for the area, and then
discussed conditions and trade-offs. Other concerns were the size of the restaurant and its impact on smaller
restaurants in the area.
Interim City Attorney Megan Thornton noted for the C-l-D zone change, Council needed to decide what kind of
uses they wanted on the property and if anything needed modification. That decision would determine parking
impacts. Another decision was whether the waiver of remonstrance was sufficient. Issues with the C-l-D could
be incorporated into the DA.
Council discussed Exhibit D. Special Conditions B. Additional conditions Approved by Council and SITP
as part of Development Agreement for Winburn Way, (12) Permitted Uses (Revised from AMC
18.32.020).
Staff clarified the approval for a 90-seat restaurant was already in the system as well as the impact on
transportation. Staff went on to explain conditional uses would require future ventures to go through the
Planning process to get a Conditional Use Permit (CuPj. The criteria for conditional use permits was difficult
to prove and apply. If Council decided to rule specific uses out entirely, it would require an amendment to the
development agreement if an applicant wanted to put one of those uses at that site. This was a site-specific
overlay.
Professional, financial, aud business and medical offices and persoual service establisbments sucb as
beauty and barbershops.
Council consensus to keep as strict permitted use with the cxception of medical offices.
A. Stores, sbops and offices (supplying commodities) or performing services, sucb as autique shops,
artists supply stores, or non-cbain department stores.
Council majority excluded stores, shops, and offices supplying commodities and retained the rest as strict
permitted use.
B. Restaurants
Council consensus retained restaurants as strict permitted use.
'C. Tbeaters, but Dot iDcluding a drive-in
Council majority supported theaters as a strict permitted use.
D. Manufacture or assembly of items sold in a permitted use, provided sucb manufacturing assembly
occupies six bundred (600) square feet or less, and is contiguous to tbe permitted retail outlet.
Council consensus was to move manufacturing as a conditional use.
E. Printing, publisbing,litbography, xerograpby, copy centers
Council consensus was to move all items as conditional uses.
F. Temporary tree-sales, from November I to January I
Council consensus was to move as a conditional usc.
G. Public and quasi-public utility and service buildings, public parking lots, but excluding electrical
substations
Counci I consensus was to retain as a strict permitted use.
Council went on to discuss Exbibit D. Special Conditions B. Additional conditions Approved by Council
and SlTP as part of Development Agreement for Winburn Way, (13) Special Permitted Uses (revised
ASHLAND CITY COUNCIL MEETING
March I, 2011
Page 8 of9
from AMC 18.32.025).
A. Bowling alleys, auditoriums, skating rinks, and miniature golf courses
Council majority removed bowling alleys, and miniature golf courses and retained auditoriums and skating rinks
as special permitted uses.
B. Residential uses
I. At least 65% oftbe total gross noor area ofthe ground Door, or at least 50% oftbe total lot area if
tbere are multiple buildings sball be designated for permitted or special permitted uses, excludiog
residential.
Council consensus removed language: "At leasl65% of the total gross floor area of the ground floor" as
residential uses and retained the remainder as special permitted uses.
2. Residential densities sball not exceed 30 dwelling units per acre in tbe C-I District, and 60
dwelliug units per acre in the C-I-D District. For tbe purpose of density calculations, units of less
tban 500 square feet of gross habitable noor area sball count as 0.75 of a unit.
Staff clarified the DA limited the building height to 40 feet.' Council consensus retained item.
3. Residential uses sball be subject to tbe same setback, landscaping, and design standards as for
permitted uses in tbe underlying C-] or C-I-D District.
Council eonsensus was to retain.
4. Off-street parking shall not be required for residenlial uses in tbe C-I-D District.
Decision pending by Council on this item.
5. If tbe number of residential units exceed 10, then at least 10% of tbe residential unitssball be
affordable for moderate-income persons in accord witb tbe standards established by resolution of .
tbe Ashland City Council througb procedures contained in tbe resolution. Tbe number of units
required to be affordable sball be rounded down to tbe nearest wbile unit.
Council discussed Exhibit D. Special Conditions B. Additional conditions Approved by Council and SITP
as part of Development Agreement for Winburn Way, (13) Conditional Uses (revised from AMC
18.32.030)
Staff explained parking would be considered as conditional use permit when these uses were reviewed.
A. Medical Offices
Council could not agree to retain as conditional use.
B. Temporary uses '
Council majority to r~tain as a conditional use.
C. Outdoor storage of commodities associated with a permitted, special permitted or conditional use.
Council majority to remove this item from conditional uses.
D. Cburcbes or similar religious institutions
Council decision to be determined.
E. Hotels and motels
Council consensus to remove this item as a conditional use.
Councilor Voisin/Slattery mls to continue tbe 85 Winburn Way discussion until AprilS, 2011. Voice
Vote: Councilor Voisin, Silbiger, Slattery and Morris, YES; Councilor Cbapman and Lembouse, NO.
Motion passed 4-2,
ASHLAND CITY COUNCIL MEETING
March I, 2011
Page 90/9
, '
3. Does Council wisb to approve an order authorizing a lease or real property to the Asbland Gun Club?
Item delayed due to time constraints. .
ORDINANCES. RESOLUTIONS AND CONTRACTS
l. Sbould Council approve Second Reading or an ordinance titled, "An Ordinance Relating to Business
Licenses?"
Councilor Silbiger/Cbapman mls to postpone consideration or the Business License Ordinance pending a
rurtber review or a Study Session by City Council. DISCUSSION: Councilor Silbiger eXplained the
proposed ordinance was not fair and used some of the exemptions as examples. This was the opposite direction
Council had intended and after several discussions, did not appear fixable. Councilor Lemhouse agreed and
added the intention was to make it better for the community and the proposed ordinance did not. Roll Call
Vote: Councilor Slattery, Morris, Lembouse, Voisin, Silbiger and Chapman, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
l. Will Council scbedule a public hearing ror Marcb 15, 2011 to consider an increase in Water rates and
Wastewater rates?
Administrative Services Director Lee Tuneberg explained the previous year's increase in both funds helped
stabilize the Wastewater Fund but the Water Fund was spending down its operational reserves and would
deplete those reserves unless action was taken. The Water Fund had significant debt service that paid for
improvements over the past 20 years. Debt service would decrease over the next ten years but there was still a
significant debt load. Cooler summer temperatures during the past two years also contributed in not meeting
water sales and cash generation. In addition to rate increases, staff would also request an inter-fund loan as a
temporary fix. Rate inereases for both funds were recommended because each had aging infrastructures and
unfunded projects that needed attention soon.
City Administrator Martha Bennett confirrned the base rate did not cover operational costs, but having a 'base
rate would affect low-income rates. Council was trying to achieve multiple policy objectives through a desired
base rate with a consumption rate structure. A rate restructure was forthcoming through the master plans and
the Ashland Water Advisory Ad-Hoc Comminee (A WAC).
Councilor.silbigerlSlattery m/s to accept starrs proposal to set a Public Hearing to discuss rates. Voice
Vote: all AYES. Motion passed. ;
OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS
ADJOURNMENT
Meeting w adjourned at 10:27 p.m.
~
~
Barbara Christensen, City Recorder
CITY OF
ASHLAND
"
Council Communication
An Ordinance Relatin~ to Settin~ Business License Fees by Resolution
Meeting Date: April 5, 2011 Primary Staff Contact: Lee Tuneberg
Department: Legal E-Mail: tuneberl@ashland.or.us
Secondary Dept.: Finance Depart e Secondary Contact: None
Approval: Martha Benn Estimated Time: 15 Minutes
Question:
Should the City Council approve the First Reading of an ordinance titled, "An Ordinance Relating to
Setting Business'License Fees by Resolution" and move on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading by title only and set the matter for Second
Reading.
Background:
At the Council meeting on February 15,2011, the Council decided to not amend the ordinance for
business licenses except for removing the fees from the code and providing for their adjustments as
needed by resolution.
The attached ordinance does that. The proposed change is to revise the first sentence in 6.04.080 to
read as: "A person licensed under this chapter shall pay the appropriate license fee as set by
resolution." and deleting all the rest of the language in the section.
If this change to the code is finalized then staff will bring forth a Resolution to set the fees consistent
with what has been charged to date. Staff's intent is.to propose the same rates for 2011 and annual
adjustments to the business license within the Miscellaneous Fees & Charges process or handled
separately as directed by Council. .
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 matter for Second Reading.
Attachments:
Proposed ordinance
Page 1 of 1
~~,
ORDINANCE NO.
AN ORDINANCE RELATING TO SETTING
BUSINESS LICENSE FEES BY RESOLUTION
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold" -' and additions are' bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; and
WHEREAS, the aboye referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and .
WHEREAS, the City has determined that it is beneficial to set fees and charges by resolution;
and
WHEREAS, the City has been revising the AMC to allow for fees and charges to be set by
resolution; and
WHEREAS, the City is preparing a Miscellaneous Fees and Charges Document that will include
all such fees set by the City to assist the citizens in Ashland in determining the cost of city
services; and
WHEREAS, it would be beneficial to set business license fees by resolution so that the fees can
be included in the Miscellaneous Fees and Charges Document; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 6.040.080 is hereby amended to read as follows:
6.04.080 License Tax Scbedule
A person licensed under this chapter shall pay the appropriate business license fee as set by
resolution. an annuallieense tax in the fellowing amount:
A. An aJ!J!lieation f~e (first time lieensee) of$IO J!eT month (uJ! to II months)
this ineludes the first tv/a emJ!loyees. Additionally, $5.00 will be eharged fer
eaeh additional individual. The number of emJ!loyees should be eounted
Page I of2
based at the start of the business. Eaeh emplo)'ee will be eounted os one
regardless of their status os port time, full time or temporary.
B. /'. renewal fee of $75.00 ineludes the first tv/a employees and for each individual
in exeess of tv/a, add $10.00 for eaeh individual. The number of employees should be
eounted based on the antieipated number of employees on the payroll os of July.
Eaeh employee will be eounted as one regardless of their status as part time, full
time or temporary.
1. In arrh'ing at the number of individuals earf)'ing on a business, the
Finanee Department shall eount the proprietors, offieers, partners and
assoeiates aetiYely engaged in sueh business and the individuals employed
regularly or on a part time basis. IndiYiduals employed by an owner or
proprietor of a business who worl, entirely outside the eorporate limits of the
City shall not be eounted. Trade apprentiees reeeiving no eompensation shall
not be eounted.
SECTION 2. Saviol!s. 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 3. 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 2-3) 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 , 2011.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2011.
John Stromberg, Mayor
Reviewed as to form:
Douglas M. McGeary, Interim City Attorney
Page 2 of2
CITY OF
ASHLAND
Council Communication
Adoption of Findings for Planning Action #2010-01570 - Annexation and Zoning
Map Change from Jackson County RR-5 (Rural Residential) to City of Ashland E-
1 (Employment) for an approximately 3.n-acre parcel located at 590 Clover Lane.
Meeting Date: April 5,2011 Primary Staff Contact: Derek Severson
Department: Community Development E-Mail: derek.severson(al.ashland.or.us
Secondary Dept.: Legal Secondary Contact: Bill Molnar
Approval: Martha Benne Estimated Time: 10 minutes
Question:
Does the Council wish to adopt the attached findings to complete the land use ordinance portion of the
annexation process for the properties at 590 Clover Lane?
Staff Recommendation:
Staff recommends that the Council adopt the proposed findings with the accompanying conditions of
approval attached.
Background:
At the March 15,20] I meeting, the Council approved the application for an Annexation and Zoning
Map Change from Jackson County zoning RR-5 (Rural Residential) to City of Ashland zoning E-l
(Employment) for an approximately 3.72-acre parcel located at 590 Clover Lane. Attached are the
findings supporting that decision for adoption by the City Council.
The application involves the annexation and subsequent development of a 28,000 square foot
manufacturing, warehouse, storage, tasting room and administrative office building for the production
of brewing products on a 3.72 acre parcel located at 590 Clover Lane, which satisfies the requirement
that an Annexation request for property to be zoned E- I be accompanied by a concurrent Site Review
request for an outright permitted or special permitted use. The subject property is located within the
Urban Growth Boundary, immediately south of and contiguous to the existing City limits. The
Comprehensive Plan designation for one of the three lots is Employment. The remaining two lots were
originally designated for Single Family Residential development, however the applicants requested
concurrent Comprehensive Plan Map and Zoning Map amendments in order to bring all three
properties into the city as. Employment land. The Comprehensive Plan and Zoning Map amendments
were approved by the Planning Commission along with the Site Review request.
The applicants provided a traffic impact analysis, prepared by Southern Oregon Transportation
Engineering, LLC which concluded that the proposed Employment designation and E-l zoning could
be accommodated by the existing transportation system without creating adverse impacts. With the
proposed Employment designation, the comqined trip generation for the three lots is anticipated to be
up to approximately 557 average daily trips. The traffic impact analysis notes that the presently stop-
controlled 1-5 northbound intersection with Ashland Street is shown to operate at a volume to capacity
(v/c) ratio greater than 2.0 under future year 2030 no-build and build conditions, and 95th percentile
queue lengths are shown to exceed link distances and create potential safety concerns on Ashland
Page I 0[3 .
~~,
CITY OF
ASHLAND
Street between the 1-5 ramp intersections and the off ramps themselves under existing year 2010,
design year 2011 and future year 2030 conditions. With the completion ofODOT's Exit 14
interchange redesign which is now underway and includes traffic signals at both ramp intersections,
widening of Ashland Street, and extended right turn lanes on both 1-5 off-ramps, the report concludes
that study area intersections are shown to be adequately mitigated throughout the future year planning
horizon. ODOT has noted that the planned traffic signal to be installed at Exit 14 northbound may
cause traffic to back-up past the intersection at times, making left turns difficult, and has encouraged
the city to amend the Transportation System Plan (TSP) to identify a planned median improvement or
some equivalent mitigation measure that restricts left turn movements at the Ashland Street/Clover
Lane intersection. The TSP update is well underway, and these improvements are being considered
in conjunction with considerations of how and where traffic that is directed out to the right at the
intersection will be able to turn around to return to the freeway. The applicants have agreed to sign in
favor of the future improvements necessary to address the left turn issue at the intersection.
.
The Staff Advisor has also recommended that nearby Interstate 5 freeway right-of-way from the
current city limits boundary near Exit 14 south to the city limits boundary near Crowson Road be
included in the annexation to make the extension of the City's boundaries more logical and orderly.
The bulk of the current freeway right-of-way is outside of the city limits but within the urban growth
boundary and largely surrounded by city lands, effectively cutting off the easternmost portion of the
city from the remainder located west of the freeway. In addition, a small triangular tax lot is located
between the southernmost of the three subject properties and the freeway right-of-way. This tax lot is
approximately 400 square feet in size and was originally described in the applicants' submittals as an
odd remnant parcel dating to the freeway's installation. The applicants previously indicated that the
title would simply be cleared and the area incorporated back into the subject properties through a lot
consolidation at the time of annexation. However, subsequent to Planning Commission approval more
detailed surveying determined that the lot was actually a separate parcel under separate ownership, and
could not simply be absorbed. The applicants are pursuing the purchase of the parcel, and after
working with its ovmers have provided a copy of an agreement consenting to its annexation along with
the applicants' parcels. Staff are recommending that the parcel be included in the annexation along
with the adjacent freeway right-of-way to provide for a more logical and orderly boundary. AMC
18.106.040 dealing with city boundaries provides for the inclusion of additional properties in an
annexation based on a staff recommendation when necessary in order to "make a boundary ex/ens ion
more logical and 10 avoid parcels of land which are not incorporated but are partially or wholly
surrounded by the City of Ashland. ..
Related City Policies:
Comprehensive Plan Policy VII-I: The City shall zone and designate within the Plan Map sufficient
quantity of lands for commercial and industrial uses to provide for the employment needs of its
residents and a portion of rural residents consistent with the population projection for the urban area.
Council Options:
The Council may adopt the findings as presented or modifY the findings and adopt the modification.
Potential Motions:
Move to adopt the findings for approvai of Planning Action #2010-01570.
Move to modify and adopt the findings for approval of Planning Action #2010-01570.
Page 2 on
~~,
CITY OF
ASHLAND
Attachments:
Council Findings, Conclusions, and Orders supporting Planning Action #2010-0] 570
Page3 00
~~,
BEFORE THE ASHLAND CITY COUNCIL
Jackson County, Oregon
April 5,2011
IN THE MA ITER OF PLANNING ACTION #201 0-0 1570, A REQUEST FOR )
ANNEXATION & ZONING MAP CHANGE FROM JACKSON COUNTY RR-5
(RURAL RESIDENTIAL) TO CITY OF ASHLAND E-I (EMPLOYMENT) FOR
AN APPROXIMA TEL Y 3.72 ACRE PROPERTY LOCA TED AT 590 CLOVER
LANE. ADJACENT PORTIONS OF THE FREEWAY RIGHT-OF- WAY FROM
THE EXISTING CITY LIMITS BOUNDARY NEAR EXIT 14 SOUTH TO THE
EXISTING CITY LIMITS BOUNDARY NEAR CROWSON ROAD AND A
CONTIGUOUS TAX LOT (39 IE 14AD #7100) ARE TO BE INCLUDED IN THE
ANNEXATION PURSUANT TO AMC 18. I 06.040 TO MAKE THE,EXTENSION
OF CITY BOUNDARIES MORE LOGICAL AND ORDERLY
APPLICANTS: Caldera Brewing Company
RECITALS:
)
)
) FINDINGS,
) CONCLUSIONS
) AND ORDERS
)
)
)
)
)
)
)
I) Tax lots #6900 and #7000 of Map 39 IE 14 AA, and Tax Lots #7000 and #7100 of Map 39 IE
l4AD are located at 590 Clover Lane, and are currently zoned Jackson County Rural Residential (RR-5).
2) The applicants are requesting an Annexation and Zoning Map change from Jackson County
zoning RR-5 (Rural Residential) to City of Ashland zoning E-I (Employment) for an approximately
3.72-acre parcel located at 590 Clover Lane. On February 8th, 2011 the Planning Commission granted
Site Review approval for the subsequent development of a 28,000 square foot manufacturing,
warehouse, storage, tasting room and administrative office building for the production of brewing
products. With that decision, the Planning Commission also granted approval of a Comprehensive Plan
and Zoning Map amendment changing the Comprehensive Plan designation of two of the three subject
properties from their previous "Single Family" to "Employment" and allowed the removal of a 100
vehicle trips per lot per day cap on the two adjacent properties immediately to the north of the subject
, properties at 580-585 Clover Lane.
3) An annexation may be approved if the proposed request for annexation conforms, or can be
made to conform through the imposition of conditions, with the following approval criteria described in
18. I 06.030 - Approval Standards:
A. The land is within the City's Urban Growth Boundary.
B. The proposed zoning. for the annexed area is in conformance with the designation
indicated on the Comprehensive Plan Map, and the project, if proposed concurrently with
the annexation, is an allowed use within the proposed zoning.
C. The land is currently contiguous with the present City limits.
D. Adequate City facilities for the provision of water to the site as determined by the Public
PA #2010-01570
April 5, 2011
Page I
Works Department; the transport of sewage from the site to the waste water treatment
plant as determined by the Public Works Department; the provision of electricity to the
site as determined by the Electric Department; urban storm drainage as determined by the
Public Works Department can and will be provided to and through the subject property.
Unless the City has declared a moratorium based upon a shortage of water, sewer, or
electricity, it is recognized that adequate capacity exists system-wide for these facilities.
E. Adequate transportation can and will be provided to and through the subject property. For
the purposes of this section "adequate transportation" for annexations consists of
vehicular, bicycle, pedestrian and transit transportation meeting the following standards:
1. For vehicular transportation a 20' wide paved access exists, or can and will be
constructed, along the full frontage of the project site to the nearest fully
improved collector or arterial street. All streets adjacent to the annexed area shall
be improved, at a minimum, to a half-street standard with a minimum 20' driving
surface. The City may, after assessing the impact of the development, require'the
full improvement of streets adjacent to the annexed area. All streets located within
annexed areas shall be fully improved to city standards. Where future street
dedications are indicated on the City's Street Dedication Map or required by the
City, provisions shall be made for the dedication and improvement of these streets
and included with the application for annexation.
2. For bicycle transportation safe and accessible bicycle facilities exist, or can and
will be constructed. Should the annexation be adjacent to an arterial street, bike
lanes shall be provided on or adjacent to the arterial street. Likely bicycle
destinations from the project site shall be determined and safe and accessible
bicycle facilities serving those destinations shall be indicated.
3. For pedestrian transportation safe and accessible pedestrian facilities exist, or can
and will be constructed. Full sidewalk improvements shall be provided on one
side adjacent to the annexation for all streets adjacent to the proposed annexed
area. Sidewalks shall be provided as required by ordinance on all streets within
the annexed area. Where the project site is within a quarter of a mile of an
existing sidewalk system, the sidewalks from the project site shall be constructed
to extend and connect to the existing system. Likely pedestrian destinations from
the project site shall be determined and the safe and accessible pedestrian
facilities serving those destinations shall be indicated.
4. For transit transportation, should transit service be available to the site, or be
likely to be extended to the site in the future based on information from the local
public transit provider, provisions shall be made for the construction of adequate
transit facilities, such as bus shelters and bus turn-out lanes. All required
transportation improvements shall be constructed and installed prior to the
issuance of a certificate of occupancy for any new structures on the annexed
property.
And
H. One or more of the following standards are met:
1. The proposed area for annexation is to be residentially zoned, and there is less
PA #2010-01570
April 5. 2011
Page 2
than a five-year supply of vacant and redevelopable land in the proposed land use
classification within the current city limits. "Redevelopable land" means land
'zoned for residential use on which development has already occurred but on
which, due to present or expected market forces, there exists the likelihood that
existing development will be converted to more intensive residential uses during
the planning period. The five-year supply shall be determined from vacant and
redevelopable land inventories and by the methodology for land need projections
from the Housing Element of the Comprehensive Plan; or
2. The proposed lot or lots will be zoned E-I or C-1 under the Comprehensive Plan,
and that the applicant will obtain Site Review approval for an outright permitted
use, or special permitted use concurrent with the annexation request; or
3. A current or probable public health hazard exists due to lack of full City sanitary
sewer or water services; or
4. Existing development in the proposed annexation has inadequate water or sanitary
sewer service; or the service will become inadequate within one year; or
5. The area proposed for annexation has existing City of Ashland water or sanitary
sewer service extended, connected, and in use, and a signed "consent to
annexation" agreement has been filed and accepted by the City of Ashland; or
6. The lot or lots proposed for annexation are an "island" completely surrounded by
lands within the city limits.
4) A Comprehensive Plan and Zoning Map Amendment may be approved if the proposed request
conforms with the following approval criteria described in 18.I08.060.B - Standards for Type III
Planning Actions:
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map changes
subject to the Type III procedure as described in subsection A of this section may
be approved if in compliance with the comprehensive plan and the application
demonstrates that one or more of the following:
a. The change implements a public need, other than the provision of
affordable housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such
an action; or
d. Proposed increases in residential zoning density resulting from a change
from one zoning district to another zoning district, will provide 25% of the
proposed base density as affordable housirig consistent with the approval
standards set forth in 18.106.030(G);or
e. Increases in residential zoning density of four units or greater on
PA #2010-01570
April 5, 2011
Page 3
commercial, employment or industrial zoned lands (i.e. Residential
Overlay), will not negatively impact the City of Ashland's commercial and
industrial land supply as required in the Comprehensive Plan, and will
provide 25% of the proposed base density as affordable housing consistent
with the approval standards set forth in 18.106.030(G).
The total number of affordable units described in sections D or E shall be
determined by rounding down fractional answers to the nearest whole unit.
A deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections D and E do not apply to council initiated actions.
5) The Ashland City Council, following proper public notice, held a public hearing on March 15th,
20 II at which time testimony was received and exhibits were presented. The City Council approved the
application for Annexation and Zoning Map Change from Jackson County-Rural Residential (RR-5)
zoning to City of AsWand Employment (E-1) zo~ing subject to conditions pertaining to the appropriate
development of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be
used:
Staff Exhibits lettered with an "5" '
Proponenfs Exhibits, lettered with a "P"
,
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all information necessary to make a decision based on
the Staff Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposed Annexation and Zoning Map change from Jackson
County zoning RR-5 (Rural Residential) to City of Ashland zoning E-1 (Employment) for an
approximately 3.n-acre parcel meets the approval criteria for an Annexation as described in ]8.106 and
a Zoning Map change as described in 18.108.
The City Council finds that the subject properties are located within the Urban Growth Boundary,
immediately south of and contiguous to the existing City limits. The Comprehensive Plan designation
PA #2010.01570
April 5. 2011
Page 4
for one of the three lots is Employment, and the Planning Commission recentl y approved a
Comprehensive Plan and Zoning Map amendment to change the designation of the remaining two lots
which had been designated for Single Family Residential development. With the proposed annexation,
all of the properties are to come into the city as Employment lands. The Council further finds that the
proposed tasting room is an outright permitted use (restaurant/store), the brewing facility is a special
permitted use (i.e. bottling plant), and the associated manufacturing, warehousing, storage and
administrative office uses described in the application are also permitted uses within the E-] district.
The Council further finds that the application includes a request for Site Review approval, which was
approved by the Planning Commission, for the construction of a building to house these ~ proposed
permitted and special permitted uses concurrently with the requested Annexation.
2.3 The City Council fmds that adequate public facilities can and will be provided to and through the
subject property. .With-the exception of storm drainage facilities, all utilities are in place within the
Clover Lane right-of-way and are adequately sized to accommodate the proposal. Public Works staff
have confirmed that eight-inch water and sewer mains are in place and adequate to serve the proposal,
and the Electric Department has noted that an existing electrical transformer sits on the vacant lot
immediately to the north and that the electrical facilities in place in the area were sized with full
development of the subject parcels in mind. Fire hydrants will be located on both the front and back
ends of the property, and fire apparatus access and tum-arounds are to be provided to address fire
protection needs.
The Council further finds that the City's Public Works Department has identified a deficiency in
stormwater capacity at the intersection of Highway 66 and Clover Lane due to an under-sized culvert.
The applicants have thus proposed an on-site detention and metering system to hold storm water during
large storm events and slowly release it into the city system at an acceptable rate. Instead of directing
stormwater to the undersized facilities at the Highway 66 intersection, storm water is to be directed down
to Spring Creek Drive, after first holding it on site in multiple systems including a bio-swale to address
both detention and water quality requirements. An underground storm water detention facility has also
been identified in the plans provided on the east side of the property to accommodate overflows and then
slowly meter them to the Spring Creek Drive system. Conditions have been included to require that
final electric, utility and storm drain plans be provided for the review and approval of the Public Works,
Electric, Planning and Building Departments prior to submittal of building permit plans.
The Council fmds that necessary transportation facilities addressing motor vehicle, bicycle, pedestrian
and transit will be provided with the proposal. Clover Lane is a commercial collector street, and
terminates in a cul-de-sac just north of the subject properties. Paving, curbs, gutters, and curbside
sidewalks are in place on both sides of the street. Because the existing street already exceeds the 500-
foot length allowed in city street standards for a dead-end street and the property is at the terminus of the
city limits, with no anticipated future need to further' extend the street, a private driveway is to be
extended from the terminus of the existing public facility to serve the proposal without further extending
city street improvements. The applicants have proposed to provide a scored concrete pedestrian path
through the existing driveway and parking areas to provide a pedestrian connection from the existing
sidewalk on the west side of Clover Lane to the building entrance, and in their Site Review approval the
Planning Commission found that there needed to be an additional similarly-surfaced pedestrian
PA #2010-01570
April 5, 201 I
Page 5
connection from the sidewalk on the east side of Clover Lane to the building's entrance, as well as
signage placed at the end of the public street's existing turn-around clearly indicating that there is no
outlet for through traffic. These requirements were included as conditions in the Planning
Commission's decision, and have been attached hereto by the Council.
The Council further finds that with the improvements detailed in the applicant's traffic impact analysis
in place, and the applicant's agreement to participate in future median installation to limit left turns from
Clover Lane onto Ashland Street, traffic impacts to the affected intersections are adequately mitigated
over the planning horizon. The applicants have provided a traffic impact analysis prepared by Southern
Oregon Transportation Engineering, LLC which concludes that the proposed Employment designation
and E-1 zoning can be accommodated through the existing transportation system without creating
adverse impacts. This analysis looked at traffic impacts of the development on five study area
intersections as scoped by the Oregon Department of Transportation: Tolman Creek Road and Ashland
Street, Washington Street and Ashland Street, 1-5 southbound ramps and Ashland Street, 1-5 northbound
ramps and Ashland Street, and Clover Lane and Ashland Street, focusing on the study year 20 10, the
build year 2011, and future year 2030 conditions during the peak p.m. hour.
With the proposed Employment designation for all three of the subject lots, they are expected to
generate approximately 557 average daily trips. The analysis notes that the presently stop-controlled 1-5
northbound intersection with Ashland Street is shown to operate at a v/c ratio greater than 2.0 under
future year 2030 no-build and build conditions, and 95th percentile queue lengths are shown to exceed
link distances and create potential safety concerns on Ashland Street between the 1-5 ramp intersections
and the off ramps themselves under existing year 20 I 0, design year 20 II and future year 2030
conditions. Mitigation measures detailed in the analysis to address these impacts include the ODOT 1-5
Exit 14 interchange redesign project which includes traffic signals at both ramp intersections, widening
of Ashland Street, and extended right turn lanes on both 1-5 off-ramps. This redesign project is currently
underway, with completion tentatively slated for April of 20 12.
With these improvements in place, the traffic impact analysis concludes that adverse impacts are
adequately mitigated for the study period. The Oregon DeparlIpent of Transportation (ODOT) has also
raised concems with left turning movements from Clover Lane onto Ashland Street being negatively
impacted by queuing likely to result from the signal installation associated with the interchange redesign
that is currently underway. ODOT has recommended that the City consider placing a median or other
similar measure to restrict left turning movements as part of the current Transportation System Plan
(TSP) update which is now underway. The Council finds that this TSP update is currently well
underway and will consider this issue along with ways to accommodate vehicles safely and efficiently
retuming to their original direction of travel. A condition of approval has been attached to this approval
to require that the applicants sign in favor of, and agree to a proportional participation in the cost of, the
future improvements associated with restricting left turn movements from Clover Lane onto Ashland
S treel.
2.4 The City Council finds that the proposed lot will be zoned E-1 imder the Comprehensive Plan,
and that the applicants have obtained Site Review approval for an outright permitted or special permitted
use concurrent with the annexation request. At its regular meeting of February 8th, 2011 the Planning
Commission granted Site Review approval for the subsequent development of a 28,000 square foot
manufacturing, warehouse, storage, tasting room/restaurant and administrative office building for the
PA #20tO-01570
April 5, 20]]
Page 6
production of brewil)g products. With that decision, the Planning Commission also granted approval of
a Comprehensive Plan and Zoning Map amendment changing the Comprehensive Plan designation of
two of the three subject properties from their previous "Single Family" to "Employment." Site
improvements are outlined in plans on file at the Depamnent of Community Development.
2.5 The City Council finds that the proposed Annexation and Zoning Map Change implements a public
need in providing sufficient lands for commercial and industrial uses to provide for the employment needs
of the community, supported by Comprehensive Plan Policy VII-I which states that, "The City shall zone
and designate within the Plan Map sufficient quantity of lands for commercial and industrial uses to
provide for the employment needs of its residents and a portion of rural residents consistent with the
population projection for the urban area." The Council further fmds that the retention of a successful local
business and the job growth associated with the proposal represent significant benefits to the community.
2.6 The City Council further finds that in addition to the annexation requested by the applicants, the
Staff Advisor is recommending that nearby Interstate 5 freeway right-of-way from the current city limits
boundary near Exit 14 south to the city limits boundary near Crowson Road be included in the
annexation along with a small triangular tax lot (39 1 E 14 AD #7100) located between the southernmost
of the three subject properties and the freeway right-of-way. This tax lot is approximately 400 square
feet in size and was originally described in the applicants' submittals as an odd remnant parcel dating to
the freeway's installation. The applicant previously indicated that the title would be cleared and the area
incorporated back into the subject properties with a lot consolidation in conjunction with the annexation.
Subsequent to Planning Commission approval, more detailed surveying determined that this lot was
actually a separate parcel under separate ownership, and could not simply be absorbed.
The applicants are pursuing the purchase of the parcel, and after working with its owners have provided
a copy of an agreement consenting to its annexation along with the applicants' parcels. AMC
18.106.040 dealing with city boundaries states that, "When an annexation is initiated by a private
individual, the Staff Advisor may include other parcels of property in the proposed annexation to make a
boundary extension more logical and to avoid parcels of land which are not incorporated but are
partially or wholly surrounded by the City of Ashland. The Staff Advisor, in a report to the Commission
and Council, shall justify the inclusion of any parcels other than the parcel for which the petition is
filed. The purpose of this section is to permit the Planning Commission and Council to make
annexations extending the City's boundaries more logical and orderly. " The Council finds that the
current freeway right-of-way is outside of the city limits but within the urban growth boundary, with the
exception of the area where it intersects with the Ashland StreetlHighway 66 right-of-way at Exit 14.
The City Council fmds that the present boundary configuration effectively cuts off the easternmost
portion of the city from the remainder located west of the freeway, and this section of freeway is now
largely surrounded by city lands. The Council also finds that the small triangular Tax Lot #7100 is
entirely surrounded by the subject properties and the adjacent freeway right-of-way, and that it would be
left as an island unto itself within the County if not included in the annexation as recommended by the
Staff Advisor. The Council finds that both Tax Lot #7100 and the section of the freeway right-of-way
should be included within the current annexation request to make this annexation extending the City's
boundaries "more logical and orderly" as allowed in AMC 18.106.040.
PA #2010-01570
April 5, 2011
Page 7
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal
for an Annexation and Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to
City of Ashland zoning E-I (Employment) for an approximately 3.72-acre parcel located at 590 Clover
Lane Street is supported by evidence contained within the whole record.
Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following
conditions, we approve Planning Action #20 I 0-01570 with respect to the request for an Annexation and
Zoning Map change from Jackson County zoning RR-5 (Rural Residential) to City of AsWand zoning E-
1 (Employment) for an approximately 3.72-acre parcel located at 615 Washington Street. Further, ifany
one or more of the conditions below are fOlUld to be invalid, for any reason whatsoever, then Planning
Action #2010-01570 is"deniedc The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shafl be conditions of approval unless otherwise modified
herein. The proposals of the applicants in their February 2151 , 20 II "Letter of Understanding"
with neighboring property owners and the associated plans provided with that letter shall be
conditions of approval as well, with the understanding that Item #6 dealing with the
"Compressor/Cooler Relocation" was clarified during the hearing to mean that the compressors
which are the noise-producing component of the compressor and cooler combination will be
relocated by piping under the building slab, however the coolers themselves are to remain in
their original locations.
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modifY
this Site Review approval shall be submitted and approved prior to issuance of a building permit.
3) That the existing billboard sign shall be removed from the property, as proposed by the
applicants, and a sign permit shall be obtained prior to installation of any new signage. All
signage shall meet the requirements of Chapter 18.96, and signage installation shall be limited to
the north and east frontages which have public entrances accessible from the sidewalk.
4) That the applicants shall obtain a demolition permit prior to demolishing the existing structures
on site. With the demolition of existing structures on the site, any existing city or Pacific Power
and Light electrical facilities serving these structures will need to be removed by the applicants,
and their removal inspected and approval by the Building and Electrical Departments.
5) That prior to the submittal of a building permit:
a) Building permit submittals shall include identification of all easements, including public
and private utility easements, fire apparatus access easements, and a conservation
easement or other similar recorded development restriction to perpetually protect the
portion of the Spring Creek stream bank water resources protection zone on the property
according to the requirements of AMC 18.63.
PA #2010-01570
April 5, 2011
Page 8
b) A storm water drainage plan, including final details of on-site detention for storm water
and necessary water quality mitigation, shall be submitted for the review and approval of
the Planning, Building, and Engineering Divisions. Post development peak flows shall
be demonstrated to be less than or equal to pre-development levels.
c) A final utility plan for the project shall be submitted for the review and approval by the
Planning, Engineering and Building Divisions prior to issuance of a building permit. The
utility plan shall include the location of connections to all public facilities in and adjacent
to the development, including the locations of water lines and meter sizes, sewer mains
and services, manholes and clean-outs, storm drainage pipes and catch basins. Utility
installations, including any necessary fire protection vault, shall be placed outside of the
pedestrian corridor, and necessary public utility easements on the property shall be shown
on the building permit submittals.
d) The applicant shall submit an electric distribution plan including load calculations and
locations of all primary and secondary services including transformers, cabinets and all
other necessary equipment. With annexation, the property will no longer be served by
Pacific Power and Light; service will be provided by the city's municipal electric utility
and the necessary removal of Pacific Power services and installatiOli of city services to
make this transition will need to be installed at the applicant's expense. The electric
distribution plan shall be reviewed and approved by the Planning, Engineering, Building
and Electric Departments prior to building permit submittal. Transformers and cabinets
shall be located outside of the pedestrian corridor, in those areas least visible from the
street while considering the access needs of the Electric Department.
e) The building permit plan submittals shall include solar setback calculations
demonstrating that all new construction complies with Solar Setback Standard B in the
formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross
section drawings clearly identifying the highest shadow producing point( s) and the
height( s) from natural grade.
f) The building permit plan submittals shall include lot coverage calculations including all
building footprints, driveways, parking, and circulation, areas. These plans shall
demonstrate that at least 15 percent of the site is surfaced in landscaping, and that at least
seven percent of the parking lot area is provided in required parking lot landscaping, as
required in the Site Design & Use Standards.
g) The building permit plan submittals shall include and sample exterior building colors and
materials for review and approval of the Staff Advisor. The exterior building materials
and paint colors shall be compatible with the surrounding area and consistent with those
described in the application materials.
h) The Commission recommends that the applicants attempt to better respond to the sense of
entry and orientation standards, which could include providing further variations in color,
material, base, entrance, and/or fenestration to better engage the Clover Lane streetscape
and create a stronger sense of entry for the building.
i) A revised Site Plan shall be provided. This Site Plan shall include: I) a pedestrian
connection from the sidewalk on the east side of Clover Lane to the building's entrance
along the east side of the drive to accommodate pedestrian traffic from the Spring Creek
neighborhood. Both pedestrian connections shall be delineated from the surrounding
PA #20]0-0]570
Apri15,2011
Page 9
driveway through the use of scored concrete or similar material distinction; 2) a reduction
in paved surface area to the greatest extent possible, including a reduction of the
driveway width to no more than the 26 feet necessary to accommodate aerial fire truck
access, and the reduction of other paved areas where possible.
6) That prior to the issuance of a building permit:
a) The applicant shall provide a revised Tree Preservation and Protection Plan consistent
with the requirements of AMC 18.61.200 and prepared by a certified arborist which
reflects the removal of the nine cedars on the northwestern edge of the property. The
plan shall also incorporate silt fencing or similar approved means to protect the stream
bank water resources protection zone during construction.
b) That a Verification Permit in accordance with 18.61.042.B shall be applied for and
approved by the Ashland Planning Division prior to removal- of ,the 17 trees to be
removed from the site, and prior to any site work including demolition, storage of
materials and/or issuance of a building permit. The Verification Permit is to inspect the
identifications of trees to be removed and the installation of tree protection fencing to
protect the trees to be retained. The tree protection fencing shall be installed according to
the approved Tree Protection and Removal Plan, inspected and approved by the Staff
Advisor prior to site work, storage of materials and/or issuance of a building permit.
c) The applicant shall provide a revised Landscape/Irrigation Plan which addressed the
Water Conserving Landscaping Guidelines and Policies of the Site Design and Use
Standards, including irrigation controller requirements to allow multiple/flexible calendar
programming. The revised landscape plan shall specifically identify mitigation trees,
including the mixture of larger stature trees to replace the cedars being removed along the
freeway on the northwestern portion of the site, and shall include revisions to the
landscape buffer to provide the required sight-obscuring screen where the parking lot
abuts residential areas to the east. Landscaping adjacent to the freeway right-of-way to
the north and south of the retaining wall area shall be enhanced to provide additional
screening, including in the area at the southwest comer of paving where the buffer
landscaping will reduce paved area without impacting building placement or circulation.
d) All exterior lighting shall be appropriately shrouded so as not to permit direct
illumination of any adjacent properties. Lighting details, including a scaled plan and
specifications detailing shrouding, shall be submitted to the Staff Advisor for review and
approval with the building permit submittals.
e) At the time of building plan submittal, bike rack and shelter details shall be submitted for
review and approval by the Staff Advisor. The building permit submittals shall verify that
the bicycle parking design, spacing, and coverage requirements are met in accordance
with 18.92.040.1.
t) Mechanical equipment shall be screened from view from adjacent rights of way and
residential properties to the greatest degree possible. The locations of mechanical
equipment and any associated screening shall be shown on the site plan and elevations in
the building permit submittals.
g) The requirements of the Building Division shall be satisfactorily addressed, including but
PA #2010-01570
April 5, 2011
Page 10
not limited to: I) egress, exiting, separation wall, and bathroom requirements for the
tasting room area based on occupant type and occupant load detennination at building
pennit; 2) providing necessary engineering studies to demonstrate that the fill on site is
suitable for construction; 3) that the plans are to be drawn by an Oregon Licensed Design
Professional; 4) that evidence of completed lot consolidation be provided; and 5) that
code requirements for the use of an existing well to provide irrigation for the proposed
landscaping shall be met, including but not limited to the installation ofR.P. assemblies.
h) The requirements of the Ashland Fire Department relating to: approved addressing; fire
apparatus approach, access and turn-around; fire flow; fire department connection, fire
sprinkler, fire hydrant and 'key box installation; hydrant clearance; high-piled storage
requirements; and that any gates, fences, or other impediments to required fire apparatus
access width approved by AsWand Fire and Rescue shall be addressed in the pennit
submittals and implemented on site prior to the issuance of an occupancy pennit. Final
detenninations-of.fire hydrant distance, fire flow, and fire apparatus access requirements
are to be based upon plans submitted for building penn it review.
i) That the property owner shall sign in favorof a local improvement district (LID) for the
future street improvements at the intersection of Clover Lane and Ashland Street,
including the installation of a median or similar measures to restrict left hand turniJlg
movements from Clover Lane onto Ashland Street prior to the issuance of a building
pennit. The agreement shall be signed, notarized, and recorded on the deed of the
subject property, and a recorded copy provided to the city prior to pennit issuance.
7) That prior to the issuance of a certificate of occupancy:
a) That the screening for the trash and recycling enclosure shall be installed in accordance
with the Site Design and Use Standards. An opportunity to recycle site of equal or
greater size than the solid waste receptacle shall be included in the trash 'enclosure in
accordance with 18.72.115.A.
b) All required parking areas shall be paved and striped according to the approved plan.
c) All landscaping, hardscaping and the irrigation systems shall be installed in accordance
with the approved plan, inspected and approved by the Staff Advisor prior to the issuance
of a certificate of occupancy.
d) That required bicycle parking spaces with a minimum of 50 percent sheltered from the
weather shall be installed according to the approved plan and in accordance with design
and rack standards in 18.92.040.1 and J, inspected, and approved by the Staff Advisor
prior to issuance of a certificate of occupancy. Inverted u-racks shall be used for the
bicycle parking.
e) The applicants shall provide a sign at the end of the existing turn-around clearly
indicating that the driveway beyond is private with no outlet for through traffic. The final
sign design and placement shall be approved by the Public Works and Street
Departments.
PA #2010-01570
April 5, 2011
Page 11
John Stromberg, Mayor
Date
PA #2010-01570
April 5, 2011
Page 12