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HomeMy WebLinkAbout2006-0919 Council Mtg Packet CITY OF ASHLAND Important: Any citizen ~ttending council meetings may speak on any item on th!3. ~genda, unless it is the subject of a public he~fitlg, which has been closed. The Publi~Fbrum is the time to speak on any subject not . on the printed agenClla. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL September 19, 2006 Civic Center Council Chambers 1175 E. Main Street 7:00 p.m. Regular Meeting I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES V. APPROVAL OF MINUTES [5 minutes] 1. Regular Council meeting minutes of September 5, 2006 VI. SPECIAL PRESENTATIONS & AWARDS 1. Bicycle & Pedestrian Commission Annual Presentation" [10 Minutes] 2. Mayor's Proclamation of September 19 as "Ashland Car Free Day" [5 Minutes] 3. Report on Interagency Council on Homelessness (U.S. Department of Housing and Urban Development) [10 Minutes] 4. Presentation from DEQ on P.M. 2.5 Emissions [10 Minutes] 5. Mayor's Proclamation of September 30 as "First Nation's Day" [5 Minutes] VII. CONSENT AGENDA [5 minutes] 1. Minutes of Boards, Commissions, and Committees 2. Appointment of Jim Olney to the Bicycle & Pedestrian Commission 3. Approval of Public Contract Greater than $75,000 - Electric Line Truck 4. RVTD Contract Approval VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. 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 92.04.040}) 1. Settlement of a Property Ownership Dispute in Timberline Subdivision [10 Minutes] COUNCIL MEETINGS ARE BROADCAST LIVE ON CIIANNEL () VISIT THE CITY ()F ASHL.AND'S WEB SITE AT W\VW.ASIILAND.OR.US IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) [15 minutes maximum] X. UNFINISHED BUSINESS 1. Request to close Main and Lithia Way as part of First Nations Day 2. Follow up on September 6, 2006 Study Session on Mt Ashland QAlQC Team and Advisory Group XI. NEW AND MISCELLANEOUS BUSINESS 1. Discussion of City Charter Ballot Timeline [20 Minutes] 2. Contract to Lease the AFN Headend to Provide CATV Service [60 Minutes] XII. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second Reading of an ordinance titled, "An Ordinance Amending the Transient Occupancy Tax and the Food and Beverage Tax Provisions to Permit Fees to be Added if Deliquent Payments are Turned Over to a Collection Agency" 2. First Reading by title only of an ordinance titled, "An Ordinance Amending the Ashland Municipal Code Relating to Adoption of the 2004 Oregon Fire Code" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS 1. Council action on Jackson County proposed Rural Zoning Actions 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 the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNelL MEETINGS ARE BROADCAST LIVE ON CIJANNEL 9 VlSlT THE CITY OF ASHLAND'S WEB SlTE AT WWW.ASHLAND.OR.US CITY OF ASHLAND Council Communication Bicycle & Pedestrian Commission Annual Presentation Meeting Date: September 19, 2006 Department: Community Devel Contributing Departments: Plannin Approval: Martha Benne Primary Staff Contact: Derek Severson E-mail: seversocl@ashland.or.us Secondary Staff Contact: Bill Molnar E-mail: molnarb<Ci>-ashland.or.us Estimated Time: 5-10 Minutes Statement: The Bicycle and Pedestrian Commission would like to take this opportunity to provide its annual update to the Council and make the Councilors aware of our plans for this year's Ashland Car Free Day Festival on Friday, September 22"d, 2006. Staff Recommendation: For information only. Background: The Bicycle and Pedestrian Commission is established under Municipal Code Chapter 2.22, which was last updated by Ordinance #2832 in 1998. The Commission consists of nine voting members, one of whom is a City Councilor, and four non-voting members including representatives from the Rogue Valley Transportation District (RVTO) and the Community Development, Public Works and Police Departments. The primary purpose of the Commission is to advocate for the equal opportunity to use non-automotive forms of travel and to ensure the development of bicycle and pedestrian facilities into a well-designed, integrated transportation network for all Ashland citizens. Related City Policies: Ashland Comprehensive Plan, Transportation Bement - Pedestrian and Bicycle Transportation Council Options: For information only. Potential Motions: For information only. Attachments: Commission update, League of American Bicyclists -Bicycle Friendly Community Award" and related materials. rA' Bicycle & Pedestrian Commission The Bicycle and Pedestrian Commission is established under Municipal Code Chapter 2.22, which was last updated by Ordinance #2832 in 1998. The Commission consists of nine voting members, one of whom is a City Councilor, and four non-voting members including representatives from the Rogue Valley Transportation District (RVTD) and the Community Development, Public Works and Police Departments. We meet the third Thursday of each month in the Community Development Building at 51 Winburn Way from 5:15 to 7:15 p.m.. Our current voting members include: City Council Liaison David Chapman, Chairperson Dylan Robbins, Secretary Selene Aitken, Tracy Harding, Arnold Bleicher, Dr. Paul Rostykus, and David Young. At present, we have two vacancies, and anyone interested in serving on the Commission is encouraged to apply on-line at http://www.ashland.or.us. The Commission works to promote bicycling, walking and other non-motorized forms of transportation in Ashland, and presents bicycle safety programs in local elementary and middle schools. We advocate for equal opportunities to use non-automotive forms of travel and to ensure the development of bicycle and pedestrian facilities into a well-designed, integrated transportation network for all Ashland citizens. Some of our accomplishments since last year's update include: Car Free Dav 2005 Last September 22nd, we closed a block of Oak Street in the downtown for a street festival to celebrate International Car Free Day. We estimate attendance was in excess of 500 people. Bike Swap The Commission partnered with the Parks & Recreation Department to present the annual Bike Swap at the Grove this past May. Over 650 people attended, and approximately $7,000 was raised to support bicycle-related education programs. Bicvcle Friendlv Community Award The Commission sought "Bicycle Friendly Community" status for Ashland from the League of American Bicyclists in 2004. This award is presented only to communities with remarkable commitments to bicycling, and Ashland was recognized at the "Bronze" level. This status was renewed in 2006, and the League made a number of recommendations for improving our status to the Silver level which we will be pursuing over the next two years. Bicvcle Safety Education Program The Commission partnered with the Bicycle Transportation Alliance of Portland, the Ashland Traffic Safety Commission and the Parks Foundation to present bicycle safety classes in the middle school and elementary schools. Taught in Ashland since 1999, the BTA's nationally recognized curriculum includes bike laws, bike maintenance and fixing flat tires, fitting helmets, learning to scan and signal, and riding skills taught through classroom activities and on-road class rides. Last year, the partnership with BT A resulted in a total of 15 classes being taught in three schools, and served a total of 454 third, fourth, fifth and sixth grade students. Car Free Dav 2006 We're planning a Car Free Day street fair and celebration again this year, on Friday, September 22nd. One block of Oak Street will be closed from 2:00 until 8:00 p.m., with the event occurring from 3:00 to 7:00. There will be informational booths, a street cafe, trick riding demonstrations, tours, etc. We hope that the Mayor, Council, and audience members will join us in this car free celebration this Friday. .gT ~ BiQriQcommunity ~_-:,:~~.Y' --,..~ LEAGUE OF AMERICAN BICYCLISTS 1612 K St., NW, Suite 800 Washington, DC 20006-2850 WEBSITE www.bicyclefriendlycommunity.org EMAlL bikeleague@bikeleague.org PHONE 202.822.1333 FAX 202.822.1334 June 9, 2006 Derek Severson Assistant Planner 51 Winburn Way Ashland, OR 97520 Dear Derek Severson: As you already know, the League has re-designated Ashland, OR a Bicycle Friendly Community at the Bronze level. The award is presented only to communities with remarkable commitments to bicycling. You should be very proud of this accomplishment. I have enclosed the award and specific feedback from the League of American Bicyclists on what you can do to make Ashland, OR more bicycle-friendly. Your designation will be due for renewal in May of 2008. At that point your community will be reevaluated so we urge you to make as many improvements as possible in the meantime! If you would like to order additional Bicycle Friendly Community road signs, please complete the enclosed order form and return it to the League. Once again, congratulations on your efforts to create a community that is truly bicycle- friendly. Sincerely, Bill N esper Program Manager League of American Bicyclists ~ ~' ~ (l; ::l \ J' . ~ U <"'" 1'>' lIIoo.:~\" ~ '" ,\ ~ - ,\ " t,."" c ill',::." G) \~ 'c._ ~ ... ~:..~ ~'~, ~'f '. ~ Q.) .,\, ~~.. - \ U I, , ~ U ((l ~ C/) Z g r--- ~ C/) """"" 0 ~ ~ ~ ~ (9 ~ U Z en >. t :t: """"" C W ::J 0 :::::l ~ tt: E <V E Z ~ 0) 0::: c 0 CO :.0 0 << .... ~ c ~ 0 C :::::l U <V 0 ctl 0 0 .... en "EN en >. 2 <V 0 .... c ~ ctl>. :::::l Q.. <V 0 ..c ~~ 0) ~ 0 .... U ~ c .... ..c :::::l ~ ""0 - .... Q) I 0 Q <V .~ N<D >. >. en 0 ~ '-I- 0 << ctl cO 0 ~ <V 00 c <V Q.. ~N 0 ~ Ill>. 0) en Z 0 :;::; ~ 0 ctl 'c :::::l 0) Z :E 0 0 0 ~ <( 0 c <V <V ~ ~ ~ c 0 .... u -.J ~ ~ << ~ I ~ ~ ~ ~ en ~ :r: <( U r--- ~ U ~ ~ +" C Q) '0 'w ~ c... -gT ~ B9r.9communitY LEAGUE OF AMERICAN BICYCUSTS 1612 K St., NW, Suite 800 I Washington. DC 20006-2850 WEBSITE www.bicyclefriendlycommunity.org I EMAIL bikeleague@bikeleague.org PHONE 202.822.1333 I FAX 202.822.1334 Feedback on Ashland's application to be designated a Bicycle Friendly Community Ashland is well on its way to becoming a Silver level Bicycle Friendly Community. Reviewers noted that with continued improvement in some key areas, the city will quickly move up the ranks of Bicycle Friendly Communities. Highlights of the city's application included the fact that 79% of the community's arterial streets provided wide shoulders or bike lanes for cyclists, the Car Free day, improved connectivity through the city and SOU campus, and the expansion of the Safe Routes to School program. Ashland should continue expand its education programs including Safe Routes to School and motorist education efforts. Therefore, reviewers provided the following suggestions to further promote cycling: . Increasing bicycle use. The City should continue to develop its commuter encouragement and trial commute program; continue to increase encouragement of bike commuting through Bike Month or Bike to Work Day programs; and encourage local employers to offer guaranteed ride home programs, secure bike parking and showers at workplaces. Olympia, Washington holds a Bike Commuter Contest during Bike Month and encourages people to participate in the month-long Contest to see who can ride the most number of days or miles in the month of May. The growth in participation has been stunning. Olympia also offers city employees a $2 per day incentive for commuting by bike (as well as for walking, riding the bus or carpooling). Each year, approximately 50 to 60 of the City's 600 employees participate in the Bicycle Commuter Contest. Visit www.climatesolutions.org for more info. . Expand motorist education and Share the Road encouragement programs by creating informational hand-outs for drivers and cyclists. Use valuable information from the League's Ride Better Tips in your outreach education and encouragement efforts. See the Ride Better Tips pages at http://www . bike] eague.org/resources/better/index. php . Work on motorist education and encourage bike commuting with a Bike Month or Bike to Work Day celebration and use of Share the Road psa's http://www . bikeleague.oqdprograms/bikemonth/ . Expand the Safe Routes to School Program in every school. In Arlington, Virginia a team visited every school in the County with representatives from Department of Public Works, the Police and Schools to assess conditions for walking and biking to each school. A list of problems and solutions was developed measures were identified to address problems. Short-term projects such as painting crosswalks were done right away while larger construction projects are on-going -g~ ~ BQri~CommunitY . -~--,;,- --- -' LEAGUE OF AMERICAN BICYCLISlS 1612 K St.. NW. Suite 800 I Washington. DC 20006-2850 WEBSITE www.bicyclefriendlycommunity.org I EMAIL bikeleague@bikeleague.org PHONE 202.822.1333 I FAX 202.822.1334 http://www.saferoutestoschools.orgl More funding than ever before is available for both infrastructure and non-infrastructure projects in the federal transportation bill, SAFETEA-LU, among several other sources at both the federal and state levels. · Continue to expand the bicycle network and fill gaps and to connectivity. Ashland OREGON Date Awarded: May 2004 Population: 20,880 Square Miles (land): 6.5 Location: MOST SIGNIFICANT ACCOMPLISHMENT Ashland recently redesigned two segments of main arterials and included 6-foot- wide bike lanes as part of a Complete Streets design. HIGHLIGHTS Ashland boasts a remarkable 3.7 percent bicycle mode share. The bicycle network in Ashland is quite strong and includes a good collection of off-road trails and paths, bike lanes and bike routes, and more additions are in the planning stages. Ashland has a strong physical bicycling presence, with five successful bike shops in a town of less that 20,000 and a very active mountain-biking and road-riding clubs. The city government recognizes and values bicycling as an important aspect of life in the city and acts accordingly, and Ashland has an active Bicycle and Pedestrian Commission. There are bicycle safety classes in all the elementary and middle schools. The annual "Car Free Day" festivities include a downtown street closure and street fair that regularly draws more than 500 participants. The much-loved annual "Bike Swap" gives people a chance to buy inexpensive bikes, go on group rides, attend clinics, watch demonstrations, buy from local retailers and generally have their bicycle consciousness and awareness raised. There is also funding available for the city to start a pilot Safe Routes to School project to encourage Ashland kids in both elementary and middle schools to bike and walk to school safely. PRESENTED BY Leag~ Ameri n s:::;7s SPONSORED BY ct~Bikes ~~I,~ng' Rep Information: Derek Severson' dereks@ashland.or.us . 541-552-2040 For More Info www,bikeleague,org -- The League of American Bicyclists, supported by thousands of cyclists, works through innovative programs like Bicycle Friendly Communities to encourage cycling across America, You can help by joining the League at www,bikeleague,org, The League uses membership dues and donations to advocate on behalf of bicyclists at the federal, state, and local levels, helping to bring more than $5 billion dollars to bicycling in the next five years. The League also promotes bicycling newspa- pers and magazines nationwide and sponsors National Bike Month each May, The League's educational program is the most respected and advanced in the country, offering courses and curriculum, for everyone from new cyclists to expert riders. To find out more about how joining the League of American Bicyclists makes a difference in your community, visit www, bikeleague,org or call 202-822-1333, Join today! The League of American Bicyclists 1612 K Street NW Suite 800 Washington, DC 20006 bikeleague@bikeleague.org www.bikeleague.org 202-822-1333 Fax: 202-822-1334 -,--------- Southern Oregon Schedule for Paul Carlson United States Interagency Council on Homelessness Sept 18-19,2006 Most of these meetings are open and we invite people to attend those starred. September 18. Mondav * 10:30 AM Homeless Task Force Location: Housing Authority of Jackson County, Conference Room, 2251 Table Rock Road, Medford 1 :30 PM Center for Community Partnerships Meeting, administered by Rogue Valley Council of Governments - only a 5 minute presentation Location: 711 East Main St, Medford * 3:00 PM Jackson County Commissioners - Presentation/discussion Location: 10 South Oakdale, Room 200, Medford * 6:45 PM Ashland Housing Commission - Presentation/discussion Location: Community Development Building, 51 Winburn Way, Ashland; enter the front door and turn right to meeting room September 19th TUESDAY * 1:30 Josephine County Commissioners: Presentation/discussion Location: County Courthouse Room 154: 500 NW 6th St, Grants Pass * 7:00 Ashland City Council - Short presentation Location: 1155 East Main Street, Ashland United States Interagency Council on Homelessness Mission. The mission ofthe United States Interagency Council on Homelessness is to coordinate the federal response to homelessness and to create a national partnership at every level of government and every element of the private sector to reduce and end homelessness in the nation. Revitalized by President Bush in 2002, the Council, under the leadership of Executive Director Philip F. Mangano, is engaged in carrying out the President's commitment to end chronic homelessness in the United States. In doing so, the Council has forged an unprecedented national partnership that extends from the White House to the streets and includes federal, state, and local government, advocates, providers, consumers and faith-based organizations. The Council works to improve access to and coordination of federal investments among its Council member departments and agencies; ensure the effectiveness of federal activities and programs; engage and assist state and local governments, advocates, service providers, and customers in creating effective local solutions; and provide technical assistance and evidence-based best practice information to partners at every level of government, as well as the private sector. Interagency Collaboration - Federal. The Council is an independent agency within the federal executive branch composed of 20 Cabinet Secretaries and agency heads and reports directly to the White House Domestic Policy Council. Meeting regularly at the White House, the Council's Cabinet Chair is currently Department of Housing and Urban Development Secretary Alphonso Jackson. Intergovernmental Collaboration. As part of the Council's strategy to establish non-partisan, intergovernmental partnerships to end chronic homelessness, specific initiatives have been fostered with state and local governments. To date, Governors of 53 states and territories have taken steps to create State Interagency Councils on Homelessness. Over 200 Mayors and County Executives and 6 Governors have committed to 10- Year Plans to End Chronic Homelessness. The Council provides technical assistance to states and localities in the development of these initiatives including the expeditious dissemination of innovative best practices that are results- oriented. Intercommunity Collaboration. To carry out the strategy of intergovernmental and inter-sector partnership, the Council has developed community partnerships with the National Governors Association, U.S. Conference of Mayors, National League of Cities, National Association of Counties, United Way, Chamber of Commerce, International Downtown Association, National Alliance for the Mentally Ill, and the National Alliance to End Homelessness. Additionally, the Council regularly convenes state and local officials, communicates with national and local provider and advocacy organizations, and communicates directly with homeless people to foster consumer-centric solutions. Technical Assistance and Support. To administer and facilitate the Council's mission at the local and regional level, the Council has Regional Coordinators throughout the country. Each of the Coordinators is responsible for working with federal partners and state and local governments, homeless advocates, providers, and consumers to encourage and coordinate their collective efforts to end chronic homelessness. The Coordinators facilitate the creation of regional federal interagency councils and state interagency councils, as well as jurisdictional 10- Year Plans. The Council, in keeping with the President's Management Agenda, encourages activities and initiatives that incorporate research- driven, performance-based, and results-oriented solutions. For example, the Council supports: . The dissemination of new and innovative approaches such as Housing First, Assertive Community Treatment Teams, and Project Homeless Connect that are proving effective at ending chronic homelessness; Local cost-benefit studies that reveal the costs ofhomelessness to the community and the cost savings that arise from effective solutions; Strategies to prevent homelessness for individuals and families before it occurs; and, Access to mainstream resources for the benefit of homeless persons and families. . . . For more information, please visit the Council's website at www.usiclu!Ov. United States Interagency Council on Homelessness Phone: 202/708-4663 FAX: 202/708-1216 Paul H. Carlson, Regional Coordinator, Federal Region X United States Interagency Council on Homelessness HUD Regional Director's Office 909 I 5t Avenue, Seattle, W A 98104 (206) 220-5362 BIOGRAPHICAL INFORMA nON Paul Carlson represents the United States Interagency Council on Homelessness for federal Region X, the Pacific Northwest and Alaska. The mission of the Interagency Council is to lead the national strategy to end chronic homeless. The Interagency Council coordinates the efforts of all federal agencies with regards to homeless policy. It promotes the work of cities and states in developing local 10 Year Plans to End Homelessness. Prior to coming to the Interagency Council Paul worked for the City of Seattle, directing the operations of the Sound Families Initiative, a housing production program funded through a $40 million gift from the Bill & Melinda Gates Foundation. The goal of Sound Families is to create a network of 1,500 units of supported housing for families in transition out ofhomelessness in the Puget Sound region. Paul Carlson worked for many years as the Housing Coordinator of Harborview Mental Health Services in Seattle, where he developed the housing program and housed homeless persons with chronic mental illness. He serves on the National Shelter plus Care Steering Committee that advises HUD on this McKinney funded program. He also serves on several advisory boards on housing and homelessness in Washington State. He received a BA from Dickinson College and an Masters of Divinity from Fuller Theological Seminary. He has also attended St. Andrews University, Scotland, and Princeton Theological Seminary. -~~ ~ /aIkn/dp &murrit oa E.Dd.lD8 ClaIr hlbmel OREGON LEADERSHIP SUMMIT ON ENDING \w~~~~-:":-"- CHRONIC HOMELESSNESS CONNVENED BY THE iAt(;8i;tC.....4.......... UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS SALEM, OREGON. The first-ever Oregon Leadership Summit on Ending Chronic Homelessness was convened this week at the historic Reed Opera House in the capital city of Salem with over 100 participants including State Representatives Peter Buckley and Debi Farr, the Mayors of Portland, Salem, Eugene, Corvallis, and Hillsboro, city councilors, county commissioners, federal, state and local government agency officials, la-Year Plan leaders, representatives of several United Way chapters, and innovative service providers. The statewide Summit is one of a series being convened by the United States Interagency Council on Homelessness to bring together state officials and jurisdictions engaged in la-year planning efforts. Other statewide Summits have been held in Massachusetts, North Carolina, Kentucky, and Puerto Rico. Participants were welcomed by the event lead organizer, United States Interagency Council on Homelessness Regional Coordinator Paul Carlson, Salem City Mayor Janet Taylor, Oregon Housing and Community Services Director Rick Crager on behalf of the newly formed Governor's Ending Homelessness Advisory Council, United States Interagency Council on Homelessness Executive Director Philip Mangano, and HUD Region X Director John Meyers. In his welcoming remarks, Executive Director Mangano noted that Susan B. Anthony was one of the first people to speak at the now historic Reed Opera House built in 1870. Ms. Anthony has a place in history for her work to abolish two moral wrongs- slavery and the denial of women's right to vote. At the time of her appearance at the Reed Opera House, prospects for the success of the suffrage movement looked dismal but she never lost faith and on her deathbed, her last words were "Failure is impossible." One hundred and thirty years later, representatives of every level of government - city, county, state, and federal - are gathered in the same building in partnership to end another moral wrong - homelessness. Stated Director Mangano: "And just as Ms. Anthony believed that failure is impossible, so we know that the long moral arc of the American experience bends toward justice. In coming together today in partnership at every level of government, you are reaching up and intending to bend that arc into the lives of your poorest citizens." The Summit offered both formal presentations and opportunities for networking and peer to peer dialogue. Seating at the lunch matched jurisdictional leaders already developing and implementing la-Year Plans with jurisdictional leaders from other counties still contemplating whether to engage in the planning process. Some of the formal presentations included Oregon Housing and Homelessness Director Rick Crager, who spoke about the recently established Governor's Ending Homelessness Advisory Council (see story below), Oregon Department of Mental Health and Substance Abuse Manager Vicki Skryha, JOIN Director Rob Justus, and Washington State Department of Veterans Affairs Director John Lee, who described his state's innovative Incarcerated Veterans Transition Program. Representatives of all four jurisdictional la-year planning processes currently underway in Oregon attended the Summit. Clakamas, Lane, and Lincoln Counties are in the process of developing their plans while Multnomah County, including the City of Portland, is beginning its second year of plan implementation. Both Portland Mayor Tom Potter and Lincoln County Commissioner Bill Hall spoke about the political leadership and broad stakeholder partnerships including participation by the business community needed to successfully develop and implement 10-Year Plans. Read More. The Portland/Multnomah County Plan calls for creating 1600 new housing units for persons experiencing chronic homelessness, 600 new units for homeless families and laid out a vision for ending homelessness in Portland and Multnomah County. Portland City Commissioner Erik Sten, a strong supporter of both that plan and the Governor's newly established Advisory Council, spoke about the encouraging results from the Plan's first year of implementation including 244 units of permanent supportive housing opened, permanent housing provided to 344 homeless families with children, and 33 "hard to reach" homeless youth housed. Summarizing the first year "report card", Commissioner Sten concluded, "Getting people into housing first works- plain and simple." In July, Portland and Multnomah County will hold their second Project Homeless Connect event. This one will be for homeless families. On January 17, 2006, over 400 volunteers and representatives of 50 nonprofit agencies in Portland and Multnomah County assisted over 900 homeless single adults with housing assistance, benefits counseling, legal services, and on-site health care at the community's first Project Homeless Connect. Among the agencies providing support for this week's Summit were the u.s. Department of Housing and Urban Development, the Office of Oregon Governor Ted Kulongoski, the Oregon Department of Housing and Community Service, the Oregon Department of Human Services, the Oregon Association of Counties, League of Oregon Cities, and the City of Salem. Federal partners in attendance included officials from the U.S. Departments of Housing and Urban Development, Health and Human Services, Agriculture, Labor, and Veterans Affairs, and the Social Security Administration. Pictured here are some of the many city, county, state, and federal officials who participated in the Oregon Leadership Summit. Front row, I-r, are OR Mental Health Housing Manager Vicki Skryha, Multnomah County Chair Diane Linn, Interagency Council Executive Director Mangano, Salem Mayor Janet Taylor, OR Human Services Director Bruce Goldberg. Back row, 1- r, Interagency Council Regional Coordinator Paul Carlson, OR Housing and Community Services Director Rick Crager, HUD Region X Director John Meyers, Portland Mayor Tom Potter, Lincoln Commissioner Bill Hall, JOIN Director Rob Justus, Newport City Councilor Larry Henson, and Multnomah Housing Director Diane Luther. OREGON GOVERNOR'S ENDING HOMELESSNESS ADVISORY COUNCIL: A MODEL OF INCLUSIVENESS At the Oregon Leadership Summit on Ending Chronic Homelessness convened by the United States Interagency Council on Homelessness this week, the Director of Oregon Housing and Community Services Rick Crager spoke about the newly created Governor's Ending Homelessness Advisory Council which will be working in close association with local la-year planning processes to end chronic homelessness in Oregon. Pictured here are Oregon Governor Ted Kulongoski (left) at the Executive Order signing and Oregon Housing and Community Services Director Rick Crager at the Summit. Governor Ted Kulongoski signed the Executive Order creating the Council at a public ceremony in April. The Council is charged with the responsibility to develop a state la-Year Plan and collaborate on implementing local plans to end homelessness. Mr. Crager noted that creation of the Council was a response to the urgings by the United States Interagency Council on Homelessness that all Governors create a state interagency council on homelessness to more effectively coordinate homeless policy and resources, and that the idea of such a Council also had strong support from the Mayors and City and County Commissioners leading la-Year Plan efforts in Oregon. Oregon joins 52 other states and territories in having established such a state level council. The 24-member Council, whose membership is established in the Governor's Executive Order, is a model of inclusiveness. Importantly, the Council will include representation from the state's legislative branch, as well as the Directors of the State Departments of Human Services, Education, Housing and Community Services, Corrections, Veterans Affairs, Community Colleges and Workforce Development, Employment, and Transportation, the Oregon Youth Authority, the Oregon State Commission on Children and Families, Community Action Directors of Oregon, public housing authorities, non profit housing developers, the statewide food bank, city and county government, and continuums of care. Governor Kulongoski spoke about the Council's mission at the signing ceremony held at the historic Hotel Alder, which had recently been renovated by Central City Concern to provide housing for 65 persons who had been chronically homeless on the streets of Portland. "We have set our eyes on the prize, " said Governor Kulongoski expressing hope that Oregon would become "a place where no man, woman or child ever again suffers the cold night of homelessness. A piecemeal approach just doesn't work. We need the cooperation of state and federal agencies, community partners, local businesses, state and local government officials, faith-based organizations and community members to incorporate and integrate services. " In addition to developing a state la-Year Plan and collaborating with local jurisdictions on their la-year plans, the Governor's Ending Homelessness Advisory Committee will also recommend needed changes in the law to the Governor and the legislature and prepare an annual report that summarizes Oregon's progress. Appointments to the Council are expected to be announced shortly. Read more ... WORDS OF THE WEEK: THE IMPORTANCE OF POLITICAL WILL A common misconception is that chronic homelessness is mainly associated with large cities. In fact, chronic homelessness occurs in both urban and rural areas. In Oregon, 10-year planning efforts are underway in both Multnomah County which includes the state's largest city, Portland, with a city/county population nearing 700,000 and Lincoln County with a population under 50,000. Both communities were represented by their elected officials at this week's Oregon Leadership Summit on Ending Chronic Homelessness sponsored by the United States Interagency Council on Homelessness. Portland Mayor Tom Potter (pictured above right) and Lincoln County Commissioner Bill Hall (pictured above left) spoke about their desire to end homelessness in their communities, their commitment to the 10-year planning process, and the need for close cooperation among city, county, state, and federal officials. Below are excerpts from their remarks. From Portland Mayor Tom Potter: "We can end homelessness. It requires political will, community will, social will, and business will. And the business community has stepped up to the plate. My commitment, and my ask of you, is to work together. We can't do it alone. When we get resources, we have to use them to secure results, to house people. It is our responsibility as political leaders to ensure stable housing for those exiting military service, treatment, and prison. We are standing together here in Oregon." From Lincoln County Commissioner Bill Hall: "Last year one of our homeless advocacy groups conducted a survey of the homeless in Lincoln County. One of the more significant findings was that on a proportional basis, there are as many chronically homeless in our county as in Portland. . . . The U.S. Interagency Council on Homelessness urged us to pursue a 10-year plan. There were a lot of reasons for taking this step but one fact stood out: the shift to a "housing first" approach, which is at the core of these plans, has produced an 85% success rate, vs. 15 % for conventional ways of dealing with the problem. I find this approach so promising because it makes the best sense from an economic perspective-providing people with housing really is less costly than arresting them and putting them in jailor treating them in the emergency room-and it's also the most humane approach. It gives people the best chance to achieve stable and productive lives. . . . We decided that if we had a plan that clearly defined our needs, and presented specific solutions, we would be in a stronger position to leverage existing resources. We also saw encouraging developments at the state level especially the Governor's recent move to appoint a state interagency council. There's a lot of interest in working together toward solutions. . . . The solutions to our shelter problems won't be simple, quick, or cheap. But as John Kennedy said so memorably, "Let us begin." For the sake of our collective economic well- being, let us begin. For the sake of our children, let us begin. For the sake of our future, let us begin." NEW YORKER NEWYORK.EJ\.COM THE NEW YORKER. DEPT. Of SOCIAL SERVICES MILLION-DOLLAR MURRAY Why problems like homelessness may be easier to solve than to manage. by MALCOLM GLADWELL Issue of 2006-02-13 and 20 Posted 2006-02-06 Murray Barr was a bear of a man, an ex-marine, six feet tall and heavyset, and when he fell down-which he did nearly every day-it could take two or three grown men to pick him up. He had straight black hair and olive skin. On the street, they called him Smokey. He was missing most of his teeth. He had a wonderful smile. People loved Murray. His chosen drink was vodka. Beer he called "horse piss." On the streets of downtown Reno, where he lived, he could buy a two-hundred-and-fifty-millilitre bottle of cheap vodka for a dollar-fifty. If he was flush, he could go for the seven-hundred-and-fifty- millilitre bottle, and if he was broke he could always do what many of the other homeless people of Reno did, which is to walk through the casinos and finish off the half-empty glasses of liquor left at the gaming tables. "If he was on a runner, we could pick him up several times a day," Patrick O'Bryan, who is a bicycle cop in downtown Reno, said. "And he's gone on some amazing runners. He would get picked up, get detoxed, then get back out a couple of hours later and start up again. A lot of the guys on the streets who've been drinking, they get so angry. They are so incredibly abrasive, so violent, so abusive. Murray was such a character and had such a great sense of humor that we somehow got past that. Even when he was abusive, we'd say, 'Murray, you know you love us,' and he'd say, 'I know'-and go back to swearing at us." "I've been a police officer for fifteen years," O'Bryan's partner, Steve Johns, said. "I picked up Murray my whole career. Literally." Johns and O'Bryan pleaded with Murray to quit drinking. A few years ago, he was assigned to a treatment program in which he was under the equivalent of house arrest, and he thrived. He got a job and worked hard. But then the program ended. "Once he graduated out, he had no one to report to, and he needed that," O'Bryan said. "I don't know whether it was his military background. I suspect that it was. He was a good cook. One time, he accumulated savings of over six thousand dollars. Showed up for work religiously. Did everything he was supposed to do. They said, 'Congratulations,' and put him back on the street. He spent that six thousand in a week or so." Often, he was too intoxicated for the drunk tank at the jail, and he'd get sent to the emergency room at either Saint Mary's or Washoe Medical Center. Marla Johns, who was a social worker in the emergency room at Saint Mary's, saw him several times a week. "The ambulance would bring him in. We would sober him up, so he would be sober enough to go to jail. And we would call the police to pick him up. In fact, that's how I met my husband." Marla Johns is married to Steve Johns. "He was like the one constant in an environment that was ever changing," she went on. "In he would come. He would grin that half-toothless grin. He called me 'my angel.' I would walk in the room, and he would smile and say, 'Oh, my angel, I'm so happy to see you.' We would joke back and forth, and I would beg him to quit drinking and he would laugh it off. And when time went by and he didn't come in I would get worried and call the coroner's office. When he was sober, we would find out, oh, he's working someplace, and my husband and I would go and have dinner where he was working. When my husband and I were dating, and we were going to get married, he said, 'Can I come to the wedding?' And I almost felt like he should. My joke was 'If you are sober you can come, because I can't afford your bar bill.' When we started a family, he would lay a hand on my pregnant belly and bless the child. He really was this kind of light." In the fall of 2003, the Reno Police Department started an initiative designed to limit panhandling in the downtown core. There were articles in the newspapers, and the police department came under harsh criticism on local talk radio. The crackdown on panhandling amounted to harassment, the critics said. The homeless weren't an imposition on the city; they were just trying to get by. "One morning, I'm listening to one of the talk shows, and they're just trashing the police department and going on about how unfair it is," O'Bryan said. "And I thought, Wow, I've never seen any of these critics in one of the alleyways in the middle of the winter looking for bodies." O'Bryan was angry. In downtown Reno, food for the homeless was plentiful: there was a Gospel kitchen and Catholic Services, and even the local McDonald's fed the hungry. The panhandling was for liquor, and the liquor was anything but harmless. He and Johns spent at least half their time dealing with people like Murray; they were as much caseworkers as police officers. And they knew they weren't the only ones involved. When someone passed out on the street, there was a "One down" call to the paramedics. There were four people in an ambulance, and the patient sometimes stayed at the hospital for days, because living on the streets in a state of almost constant intoxication was a reliable way of getting sick. None of that, surely, could be cheap. O'Bryan and Johns called someone they knew at an ambulance service and then contacted the local hospitals. "We came up with three names that were some of our chronic inebriates in the downtown area, that got arrested the most often," O'Bryan said. "We tracked those three individuals through just one of our two hospitals. One of the guys had been in jail previously, so he'd only been on the streets for six months. In 2 those six months, he had accumulated a bill of a hundred thousand dollars-and that's at the smaller of the two hospitals near downtown Reno. It's pretty reasonable to assume that the other hospital had an even larger bill. Another individual came from Portland and had been in Reno for three months. In those three months, he had accumulated a bill for sixty-five thousand dollars. The third individual actually had some periods of being sober, and had accumulated a bill of fifty thousand." The first of those people was Murray Barr, and Johns and O'Bryan realized that if you totted up all his hospital bills for the ten years that he had been on the streets-as well as substance-abuse-treatment costs, doctors' fees, and other expenses-Murray Barr probably ran up a medical bill as large as anyone in the state of Nevada. "It cost us one million dollars not to do something about Murray," O'Bryan said. Fifteen years ago, after the Rodney King beating, the Los Angeles Police Department was in crisis. It was accused of racial insensitivity and ill discipline and violence, and the assumption was that those problems had spread broadly throughout the rank and file. In the language of statisticians, it was thought that L.AP.D.'s troubles had a "normal" distribution-that if you graphed them the result would look like a bell curve, with a small number of officers at one end of the curve, a small number at the other end, and the bulk of the problem situated in the middle. The bell-curve assumption has become so much a part of our mental architecture that we tend to use it to organize experience automatically. But when the L.A.P.o. was investigated by a special commission headed by Warren Christopher, a very different picture emerged. Between 1986 and 1990, allegations of excessive force or improper tactics were made against eighteen hundred of the eighty- five hundred officers in the L.AP.D. The broad middle had scarcely been accused of anything. Furthermore, more than fourteen hundred officers had only one or two allegations made against them-and bear in mind that these were not proven charges, that they happened in a four-year period, and that allegations of excessive force are an inevitable feature of urban police work. (The N.Y.P.o. receives about three thousand such complaints a year.) A hundred and eighty-three officers, however, had four or more complaints against them, forty-four officers had six or more complaints, sixteen had eight or more, and one had sixteen complaints. If you were to graph the troubles of the L.AP.D., it wouldn't look like a bell curve. It would look more like a hockey stick. It would follow what statisticians call a "power law" distribution-where all the activity is not in the middle but at one extreme. The Christopher Commission's report repeatedly comes back to what it describes as the extreme concentration of problematic officers. One officer had been the subject of thirteen allegations of excessive use of force, five other complaints, twenty-eight "use of force reports" (that is, documented, internal accounts of inappropriate behavior), and one shooting. Another had six excessive-force complaints, nineteen other complaints, 3 ten use-of-force reports, and three shootings. A third had twenty-seven use-of-force reports, and a fourth had thirty-five. Another had a file full of complaints for doing things like "striking an arrestee on the back of the neck with the butt of a shotgun for no apparent reason while the arrestee was kneeling and handcuffed," beating up a thirteen-year-old juvenile, and throwing an arrestee from his chair and kicking him in the back and side of the head while he was handcuffed and lying on his stomach. The report gives the strong impression that if you fired those forty-four cops the L.A.P.D. would suddenly become a pretty well-functioning police department. But the report also suggests that the problem is tougher than it seems, because those forty-four bad cops were so bad that the institutional mechanisms in place to get rid of bad apples clearly weren't working. If you made the mistake of assuming that the department's troubles fell into a normal distribution, you'd propose solutions that would raise the performance of the middle-like better training or better hiring-when the middle didn't need help. For those hard-core few who did need help, meanwhile, the medicine that helped the middle wouldn't be nearly strong enough. In the nineteen-eighties, when homelessness first surfaced as a national issue, the assumption was that the problem fit a normal distribution: that the vast majority of the homeless were in the same state of semi-permanent distress. It was an assumption that bred despair: if there were so many homeless, with so many problems, what could be done to help them? Then, fifteen years ago, a young Boston College graduate student named Dennis Culhane lived in a shelter in Philadelphia for seven weeks as part of the research for his dissertation. A few months later he went back, and was surprised to discover that he couldn't find any of the people he had recently spent so much time with. "It made me realize that most of these people were getting on with their own lives," he said. Culhane then put together a database-the first of its kind-to track who was coming in and out of the shelter system. What he discovered profoundly changed the way homelessness is understood. Homelessness doesn't have a normal distribution, it turned out. It has a power-law distribution. "We found that eighty per cent of the homeless were in and out really quickly," he said. "In Philadelphia, the most common length of time that someone is homeless is one day. And the second most common length is two days. And they never come back. Anyone who ever has to stay in a shelter involuntarily knows that all you think about is how to make sure you never come back." The next ten per cent were what Culhane calls episodic users. They would come for three weeks at a time, and return periodically, particularly in the winter. They were quite young, and they were often heavy drug users. It was the last ten per cent-the group at the farthest edge of the curve-that interested Culhane the most. They were the chronically homeless, who lived in the shelters, sometimes for years at a time. They were older. Many were mentally ill or physically disabled, and when we think about homelessness as a social problem-the people sleeping on the sidewalk, aggressively panhandling, lying drunk in doorways, huddled on subway grates and under bridges- it's this group that we have in mind. In the early nineteennineties, Culhane's database 4 suggested that New York City had a quarter of a million people who were homeless at some point in the previous half decade -which was a surprisingly high number. But only about twenty-five hundred were chronically homeless. It turns out, furthermore, that this group costs the health-care and social-services systems far more than anyone had ever anticipated. Culhane estimates that in New York at least sixty-two million dollars was being spent annually to shelter just those twenty-five hundred hard-core homeless. "It costs twenty-four thousand dollars a year for one of these shelter beds," Culhane said. "We're talking about a cot eighteen inches away from the next cot." Boston Health Care for the Homeless Program, a leading service group for the homeless in Boston, recently tracked the medical expenses of a hundred and nineteen chronically homeless people. In the course of five years, thirty- three people died and seven more were sent to nursing homes, and the group still accounted for 18,834 emergencyroom visits-at a minimum cost of a thousand dollars a visit. The University of California, San Diego Medical Center followed fifteen chronically homeless inebriates and found that over eighteen months those fifteen people were treated at the hospital's emergency room four hundred and seventeen times, and ran up bills that averaged a hundred thousand dollars each. One person-San Diego's counterpart to Murray Barr-came to the emergency room eighty-seven times. "If it's a medical admission, it's likely to be the guys with the really complex pneumonia," James Dunford, the city of San Diego's emergency medical director and the author of the observational study, said. "They are drunk and they aspirate and get vomit in their lungs and develop a lung abscess, and they get hypothermia on top of that, because they're out in the rain. They end up in the intensive-care unit with these very complicated medical infections. These are the guys who typically get hit by cars and buses and trucks. They often have a neurosurgical catastrophe as well. So they are very prone to just falling down and cracking their head and getting a subdural hematoma, which, if not drained, could kill them, and it's the guy who falls down and hits his head who ends up costing you at least fifty thousand dollars. Meanwhile, they are going through alcoholic withdrawal and have devastating liver disease that only adds to their inability to fight infections. There is no end to the issues. We do this huge drill. We run up big lab fees, and the nurses want to quit, because they see the same guys come in over and over, and all we're doing is making them capable of walking down the block." The homelessness problem is like the L.A.P.D.'s bad-cop problem. It's a matter of a few hard cases, and that's good news, because when a problem is that concentrated you can wrap your arms around it and think about solving it. The bad news is that those few hard cases are hard. They are falling-down drunks with liver disease and complex infections and mental illness. They need time and attention and lots of money. But enormous sums of money are already being spent on the chronically homeless, and Culhane saw that the kind of money it would take to solve the homeless problem could well be less than the kind of money it took to ignore it. Murray Barr used more health- care dollars, after all, than almost anyone in the state of Nevada. It would probably have been cheaper to give him a full-time nurse and his own apartment. 5 The leading exponent for the power-law theory of homelessness is Philip Mangano, who, since he was appointed by President Bush in 2002, has been the executive director of the U.S. Interagency Council on Homelessness, a group that oversees the programs of twenty federal agencies. Mangano is a slender man, with a mane of white hair and a magnetic presence, who got his start as an advocate for the homeless in Massachusetts. In the past two years, he has crisscrossed the United States, educating local mayors and city councils about the real shape of the homelessness curve. Simply running soup kitchens and shelters, he argues, allows the chronically homeless to remain chronically homeless. You build a shelter and a soup kitchen if you think that homelessness is a problem with a broad and unmanageable middle. But if it's a problem at the fringe it can be solved. So far, Mangano has convinced more than two hundred cities to radically reevaluate their policy for dealing with the homeless. "I was in St. Louis recently," Mangano said, back in June, when he dropped by New York on his way to Boise, Idaho. "I spoke with people doing services there. They had a very difficult group of people they couldn't reach no matter what they offered. So I said, Take some of your money and rent some apartments and go out to those people, and literally go out there with the key and say to them, 'This is the key to an apartment. If you come with me right now I am going to give it to you, and you are going to have that apartment.' And so they did. And one by one those people were coming in. Our intent is to take homeless policy from the old idea of funding programs that serve homeless people endlessly and invest in results that actually end homelessness." Mangano is a history buff, a man who sometimes falls asleep listening to old Malcolm X speeches, and who peppers his remarks with references to the civil-rights movement and the Berlin Wall and, most of all, the fight against slavery. "I am an abolitionist," he says. "My office in Boston was opposite the monument to the 54th Regiment on the Boston Common, up the street from the Park Street Church, where William Lloyd Garrison called for immediate abolition, and around the corner from where Frederick Douglass gave that famous speech at the Tremont Temple. It is very much ingrained in me that you do not manage a social wrong. You should be ending it." T he old Y.M.C.A. in downtown Denver is on Sixteenth Street, just east of the central business district. The main building is a handsome six-story stone structure that was erected in 1906, and next door is an annex that was added in the nineteen-fifties. On the ground floor there is a gym and exercise rooms. On the upper floors there are several hundred apartments-brightly painted one-bedrooms, efficiencies, and S.R.O.- style rooms with microwaves and refrigerators and central airconditioning-and for the past several years those apartments have been owned and managed by the Colorado Coalition for the Homeless. Even by big-city standards, Denver has a serious homelessness problem. The winters are relatively mild, and the summers aren't nearly as hot as those of neighboring New Mexico or Utah, which has made the city a magnet for the indigent. By the city's 6 estimates, it has roughly a thousand chronically homeless people, of whom three hundred spend their time downtown, along the central Sixteenth Street shopping corridor or in nearby Civic Center Park. Many of the merchants downtown worry that the presence of the homeless is scaring away customers. A few blocks north, near the hospital, a modest, low-slung detox center handles twenty-eight thousand admissions a year, many of them homeless people who have passed out on the streets, either from liquor or-as is increasingly the case-from mouthwash. "Dr. Tichenor's-Dr. Tich, they call it-is the brand of mouthwash they use," says Roxane White, the manager of the city's social services. "You can imagine what that does to your gut." Eighteen months ago, the city signed up with Mangano. With a mixture of federal and local funds, the C.C.H. inaugurated a new program that has so far enrolled a hundred and six people. It is aimed at the Murray Barrs of Denver, the people costing the system the most. C.C.H. went after the people who had been on the streets the longest, who had a criminal record, who had a problem with substance abuse or mental illness. "We have one individual in her early sixties, but looking at her you'd think she's eighty," Rachel Post, the director of substance treatment at the C.C.H., said. (Post changed some details about her clients in order to protect their identity.) "She's a chronic alcoholic. A typical day for her is she gets up and tries to find whatever she's going to drink that day. She falls down a lot. There's another person who came in during the first week. He was on methadone maintenance. He'd had psychiatric treatment. He was incarcerated for eleven years, and lived on the streets for three years after that, and, if that's not enough, he had a hole in his heart." The recruitment strategy was as simple as the one that Mangano had laid out in St. Louis: Would you like a free apartment? The enrollees got either an efficiency at the Y.M.C.A. or an apartment rented for them in a building somewhere else in the city, provided they agreed to work within the rules of the program. In the basement of the Y, where the racquetball courts used to be, the coalition built a command center, staffed with ten caseworkers. Five days a week, between eight-thirty and ten in the morning, the caseworkers meet and painstakingly review the status of everyone in the program. On the wall around the conference table are several large white boards, with lists of doctor's appointments and court dates and medication schedules. "We need a staffing ratio of one to ten to make it work," Post said. "You go out there and you find people and assess how they're doing in their residence. Sometimes we're in contact with someone every day. Ideally, we want to be in contact every couple of days. We've got about fifteen people we're really worried about now." The cost of services comes to about ten thousand dollars per homeless client per year. An efficiency apartment in Denver averages $376 a month, or just over forty-five hundred a year, which means that you can house and care for a chronically homeless person for at most fifteen thousand dollars, or about a third of what he or she would cost on the street. The idea is that once the people in the program get stabilized they will find jobs, and start to pick up more and more of their own rent, which would bring someone's annual cost to the program closer to six thousand dollars. As of today, seventy-five 7 supportive housing slots have already been added, and the city's homeless plan calls for eight hundred more over the next ten years. The reality, of course, is hardly that neat and tidy. The idea that the very sickest and most troubled of the homeless can be stabilized and eventually employed is only a hope. Some of them plainly won't be able to get there: these are, after all, hard cases. "We've got one man, he's in his twenties," Post said. "Already, he has cirrhosis of the liver. One time he blew a blood alcohol of .49, which is enough to kill most people. The first place we had he brought over all his friends, and they partied and trashed the place and broke a window. Then we gave him another apartment, and he did the same thing." Post said that the man had been sober for several months. But he could relapse at some point and perhaps trash another apartment, and they'd have to figure out what to do with him next. Post had just been on a conference call with some people in New York City who run a similar program, and they talked about whether giving clients so many chances simply encourages them to behave irresponsibly. For some people, it probably does. But what was the alternative? If this young man was put back on the streets, he would cost the system even more money. The current philosophy of welfare holds that government assistance should be temporary and conditional, to avoid creating dependency. But someone who blows .49 on a Breathalyzer and has cirrhosis of the liver at the age of twenty-seven doesn't respond to incentives and sanctions in the usual way. "The most complicated people to work with are those who have been homeless for so long that going back to the streets just isn't scary to them," Post said. "The summer comes along and they say, 'I don't need to follow your rules.' " Power-law homelessness policy has to do the opposite of normal-distribution social policy. It should create dependency: you want people who have been outside the system to come inside and rebuild their lives under the supervision of those ten caseworkers in the basement of the Y.M.C.A. That is what is so perplexing about power-law homeless policy. From an economic perspective the approach makes perfect sense. But from a moral perspective it doesn't seem fair. Thousands of people in the Denver area no doubt live day to day, work two or three jobs, and are eminently deserving of a helping hand-and no one offers them the key to a new apartment. Yet that's just what the guy screaming obscenities and swigging Dr. Tich gets. When the welfare mom's time on public assistance runs out, we cut her off. Yet when the homeless man trashes his apartment we give him another. Social benefits are supposed to have some kind of moral justification. We give them to widows and disabled veterans and poor mothers with small children. Giving the homeless guy passed out on the sidewalk an apartment has a different rationale. It's simply about efficiency. We also believe that the distribution of social benefits should not be arbitrary. We don't give only to some poor mothers, or to a random handful of disabled veterans. We give to everyone who meets a formal criterion, and the moral credibility of government assistance derives, in part, from this universality. But the Denver homelessness program doesn't help every chronically homeless person in Denver. There is a waiting 8 list of six hundred for the supportive-housing program; it will be years before all those people get apartments, and some may never get one. There isn't enough money to go around, and to try to help everyone a little bit-to observe the principle of universality- isn't as cost-effective as helping a few people a lot. Being fair, in this case, means providing shelters and soup kitchens, and shelters and soup kitchens don't solve the problem of homelessness. Our usual moral intuitions are little use, then, when it comes to a few hard cases. Power-law problems leave us with an unpleasant choice. We can be true to our principles or we can fix the problem. We cannot do both. A few miles northwest of the old Y.M.C.A. in downtown Denver, on the Speer Boulevard off-ramp from 1-25, there is a big electronic sign by the side of the road, connected to a device that remotely measures the emissions of the vehicles driving past. When a car with properly functioning pollution-control equipment passes, the sign flashes "Good." When a car passes that is well over the acceptable limits, the sign flashes "Poor." If you stand at the Speer Boulevard exit and watch the sign for any length of time, you'll find that virtually every car scores "Good." An Audi A4 -"Good." A Buick Century-"Good." A Toyota Corolla-"Good." A Ford Taurus-"Good." A Saab 9- 5-"Good," and on and on, until after twenty minutes or so, some beat-up old Ford Escort or tricked-out Porsche drives by and the sign flashes "Poor." The picture of the smog problem you get from watching the Speer Boulevard sign and the picture of the homelessness problem you get from listening in on the morning staff meetings at the Y.M.C.A. are pretty much the same. Auto emissions follow a power-law distribution, and the airpollution example offers another look at why we struggle so much with problems centered on a few hard cases. Most cars, especially new ones, are extraordinarily clean. A 2004 Subaru in good working order has an exhaust stream that's just .06 per cent carbon monoxide, which is negligible. But on almost any highway, for whatever reason-age, ill repair, deliberate tampering by the owner-a small number of cars can have carbon-monoxide levels in excess of ten per cent, which is almost two hundred times higher. In Denver, five per cent of the vehicles on the road produce fifty-five per cent of the automobile pollution. "Let's say a car is fifteen years old," Donald Stedman says. Stedman is a chemist and automobile-emissions specialist at the University of Denver. His laboratory put up the sign on Speer Avenue. "Obviously, the older a car is the more likely it is to become broken. It's the same as human beings. And by broken we mean any number of mechanical malfunctions-the computer's not working anymore, fuel injection is stuck open, the catalyst died. It's not unusual that these failure modes result in high emissions. We have at least one car in our database which was emitting seventy grams of hydrocarbon per mile, which means that you could almost drive a Honda Civic on the exhaust fumes from that car. It's not just old cars. It's new cars with high mileage, like taxis. One of the most successful and least publicized control measures was done by a district attorney in L.A. back in the nineties. He went to LAX and discovered that all of 9 the Bell Cabs were gross emitters. One of those cabs emitted more than its own weight of pollution every year." In Stedman's view, the current system of smog checks makes little sense. A million motorists in Denver have to go to an emissions center every year-take time from work, wait in line, pay fifteen or twenty-five dollars-for a test that more than ninety per cent of them don't need. "Not everybody gets tested for breast cancer," Stedman says. "Not everybody takes an AIDS test." On-site smog checks, furthermore, do a pretty bad job of finding and fixing the few outliers. Car enthusiasts-with high-powered, high-polluting sports cars-have been known to drop a clean engine into their car on the day they get it tested. Others register their car in a faraway town without emissions testing or arrive at the test site "hot"-having just come off hard driving on the freeway-which is a good way to make a dirty engine appear to be clean. Still others randomly pass the test when they shouldn't, because dirty engines are highly variable and sometimes burn cleanly for short durations. There is little evidence, Stedman says, that the city's regime of inspections makes any difference in air quality. He proposes mobile testing instead. Twenty years ago, he invented a device the size of a suitcase that uses infrared light to instantly measure and then analyze the emissions of cars as they drive by on the highway. The Speer Avenue sign is attached to one of Stedman's devices. He says that cities should put half a dozen or so of his devices in vans, park them on freeway off-ramps around the city, and have a police car poised to pull over anyone who fails the test. A half-dozen vans could test thirty thousand cars a day. For the same twenty-five million dollars that Denver's motorists now spend on on- site testing, Stedman estimates, the city could identify and fix twenty-five thousand truly dirty vehicles every year, and within a few years cut automobile emissions in the Denver metropolitan area by somewhere between thirty-five and forty per cent. The city could stop managing its smog problem and start ending it. Why don't we all adopt the Stedman method? There's no moral impediment here. We're used to the police pulling people over for having a blown headlight or a broken side mirror, and it wouldn't be difficult to have them add pollution-control devices to their list. Yet it does run counter to an instinctive social preference for thinking of pollution as a problem to which we all contribute equally. We have developed institutions that move reassuringly quickly and forcefully on collective problems. Congress passes a law. The Environmental Protection Agency promulgates a regulation. The auto industry makes its cars a little cleaner, and-presto-the air gets better. But Stedman doesn't much care about what happens in Washington and Detroit. The challenge of controlling air pollution isn't so much about the laws as it is about compliance with them. It's a policing problem, rather than a policy problem, and there is something ultimately unsatisfying about his proposed solution. He wants to end air pollution in Denver with a half-dozen vans outfitted with a contraption about the size of a suitcase. Can such a big problem have such a small-bore solution? That's what made the findings of the Christopher Commission so unsatisfying. We put together blue-ribbon panels when we're faced with problems that seem too large for the 10 normal mechanisms of bureaucratic repair. We want sweeping reforms. But what was the commission's most memorable observation? It was the story of an officer with a known history of doing things like beating up handcuffed suspects who nonetheless received a performance review from his superior stating that he "usually conducts himself in a manner that inspires respect for the law and instills public confidence." This is what you say about an officer when you haven't actually read his file, and the implication of the Christopher Commission's report was that the L.A.P.o. might help solve its problem simply by getting its police captains to read the files of their officers. The L.A.P.D.'s problem was a matter not of policy but of compliance. The department needed to adhere to the rules it already had in place, and that's not what a public hungry for institutional transformation wants to hear. Solving problems that have power- law distributions doesn't just violate our moral intuitions; it violates our political intuitions as well. It's hard not to conclude, in the end, that the reason we treated the homeless as one hopeless undifferentiated group for so long is not simply that we didn't know better. It's that we didn't want to know better. It was easier the old way. Power-law solutions have little appeal to the right, because they involve special treatment for people who do not deserve special treatment; and they have little appeal to the left, because their emphasis on efficiency over fairness suggests the cold number-crunching of Chicago-school cost-benefit analysis. Even the promise of millions of dollars in savings or cleaner air or better police departments cannot entirely compensate for such discomfort. In Denver, John Hickenlooper, the city's enormously popular mayor, has worked on the homelessness issue tirelessly during the past couple of years. He spent more time on the subject in his annual State of the City address this past summer than on any other topic. He gave the speech, with deliberate symbolism, in the city's downtown Civic Center Park, where homeless people gather every day with their shopping carts and garbage bags. He has gone on local talk radio on many occasions to discuss what the city is doing about the issue. He has commissioned studies to show what a drain on the city's resources the homeless population has become. But, he says, "there are still people who stop me going into the supermarket and say, 'I can't believe you're going to help those homeless people, those bums,' " Early one morning a year ago, Marla Johns got a call from her husband, Steve. He was at work. "He called and woke me up," Johns remembers. "He was choked up and crying on the phone. And I thought that something had happened with another police officer. I said, 'Oh, my gosh, what happened?' He said, 'Murray died last night.' " He died of intestinal bleeding. At the police department that morning, some of the officers gave Murray a moment of silence. "There are not many days that go by that I don't have a thought of him," she went on. "Christmas comes- and I used to buy him a Christmas present. Make sure he had warm gloves and a blanket and a coat. There was this mutual respect. There was a time when another intoxicated patient jumped off the gurney and was coming at me, and Murray jumped off his gurney and shook his fist and said, 'Don't you touch my angel.' 11 You know, when he was monitored by the system he did fabulously. He would be on house arrest and he would get a job and he would save money and go to work every day, and he wouldn't drink. He would do all the things he was supposed to do. There are some people who can be very successful members of society if someone monitors them. Murray needed someone to be in charge of him." But, of course, Reno didn't have a place where Murray could be given the structure he needed. Someone must have decided that it cost too much. "I told my husband that I would claim his body if no one else did," she said. "I would not have him in an unmarked grave." + Copyright @ CondeNet 2006. All rights reserved. 12 ..., CI e (!) s . . . .. ! CD &l1 S .. .. .. " o o (!) tn ~ c: CI) ca c: - Q.~~ ... 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C1) C1) - "'C s::: >< s::: C1) 1:: C1) 'I- ca C1) c.. ..c::: s::: to- NEW YORKER NEWYOI\KER.COM THE NEW YORKER. DEPT. Of SOCIAL SERVICES MilliON-DOllAR MURRAY Why problems like homelessness may be easier to solve than to manage. by MALCOLM GLADWELL Issue of 2006-02-13 and 20 Posted 2006-02-06 Murray Barr was a bear of a man, an ex-marine, six feet tall and heavyset, and when he fell down-which he did nearly every day-it could take two or three grown men to pick him up. He had straight black hair and olive skin. On the street, they called him Smokey. He was missing most of his teeth. He had a wonderful smile. People loved Murray. His chosen drink was vodka. Beer he called "horse piss." On the streets of downtown Reno, where he lived, he could buy a two-hundred-and-fifty-millilitre bottle of cheap vodka for a dollar-fifty. If he was flush, he could go for the seven-hundred-and-fifty- millilitre bottle, and if he was broke he could always do what many of the other homeless people of Reno did, which is to walk through the casinos and finish off the half-empty glasses of liquor left at the gaming tables. "If he was on a runner, we could pick him up several times a day," Patrick O'Bryan, who is a bicycle cop in downtown Reno, said. "And he's gone on some amazing runners. He would get picked up, get detoxed, then get back out a couple of hours later and start up again. A lot of the guys on the streets who've been drinking, they get so angry. They are so incredibly abrasive, so violent, so abusive. Murray was such a character and had such a great sense of humor that we somehow got past that. Even when he was abusive, we'd say, 'Murray, you know you love us,' and he'd say, 'I know'-and go back to swearing at us." "I've been a police officer for fifteen years," O'Bryan's partner, Steve Johns, said. "I picked up Murray my whole career. Literally." Johns and O'Bryan pleaded with Murray to quit drinking. A few years ago, he was assigned to a treatment program in which he was under the equivalent of house arrest, and he thrived. He got a job and worked hard. But then the program ended. "Once he graduated out, he had no one to report to, and he needed that," O'Bryan said. "I don't know whether it was his military background. I suspect that it was. He was a good cook. One time, he accumulated savings of over six thousand dollars. Showed up for work religiously. Did everything he was supposed to do. They said, 'Congratulations,' and put him back on the street. He spent that six thousand in a week or so." Often, he was too intoxicated for the drunk tank at the jail, and he'd get sent to the emergency room at either Saint Mary's or Washoe Medical Center. Marla Johns, who was a social worker in the emergency room at Saint Mary's, saw him several times a week. "The ambulance would bring him in. We would sober him up, so he would be sober enough to go to jail. And we would call the police to pick him up. In fact, that's how I met my husband." Marla Johns is married to Steve Johns. "He was like the one constant in an environment that was ever changing," she went on. "In he would come. He would grin that half-toothless grin. He called me 'my angel.' I would walk in the room, and he would smile and say, 'Oh, my angel, I'm so happy to see you.' We would joke back and forth, and I would beg him to quit drinking and he would laugh it off. And when time went by and he didn't come in I would get worried and call the coroner's office. When he was sober, we would find out, oh, he's working someplace, and my husband and I would go and have dinner where he was working. When my husband and I were dating, and we were going to get married, he said, 'Can I come to the wedding?' And I almost felt like he should. My joke was 'If you are sober you can come, because I can't afford your bar bill.' When we started a family, he would lay a hand on my pregnant belly and bless the child. He really was this kind of light." In the fall of 2003, the Reno Police Department started an initiative designed to limit panhandling in the downtown core. There were articles in the newspapers, and the police department came under harsh criticism on local talk radio. The crackdown on panhandling amounted to harassment, the critics said. The homeless weren't an imposition on the city; they were just trying to get by. "One morning, I'm listening to one of the talk shows, and they're just trashing the police department and going on about how unfair it is," O'Bryan said. "And I thought, Wow, I've never seen any of these critics in one of the alleyways in the middle of the winter looking for bodies." O'Bryan was angry. In downtown Reno, food for the homeless was plentiful: there was a Gospel kitchen and Catholic Services, and even the local McDonald's fed the hungry. The panhandling was for liquor, and the liquor was anything but harmless. He and Johns spent at least half their time dealing with people like Murray; they were as much caseworkers as police officers. And they knew they weren't the only ones involved. When someone passed out on the street, there was a "One down" call to the paramedics. There were four people in an ambulance, and the patient sometimes stayed at the hospital for days, because living on the streets in a state of almost constant intoxication was a reliable way of getting sick. None of that, surely, could be cheap. O'Bryan and Johns called someone they knew at an ambulance service and then contacted the local hospitals. "We came up with three names that were some of our chronic inebriates in the downtown area, that got arrested the most often," O'Bryan said. "We tracked those three individuals through just one of our two hospitals. One of the guys had been in jail previously, so he'd only been on the streets for six months. In 2 those six months, he had accumulated a bill of a hundred thousand dollars-and that's at the smaller of the two hospitals near downtown Reno. It's pretty reasonable to assume that the other hospital had an even larger bill. Another individual came from Portland and had been in Reno for three months. In those three months, he had accumulated a bill for sixty-five thousand dollars. The third individual actually had some periods of being sober, and had accumulated a bill of fifty thousand." The first of those people was Murray Barr, and Johns and O'Bryan realized that if you totted up all his hospital bills for the ten years that he had been on the streets-as well as substance-abuse-treatment costs, doctors' fees, and other expenses-Murray Barr probably ran up a medical bill as large as anyone in the state of Nevada. "It cost us one million dollars not to do something about Murray," O'Bryan said. Fifteen years ago, after the Rodney King beating, the Los Angeles Police Department was in crisis. It was accused of racial insensitivity and ill discipline and violence, and the assumption was that those problems had spread broadly throughout the rank and file. In the language of statisticians, it was thought that L.AP.o.'s troubles had a "normal" distribution-that if you graphed them the result would look like a bell curve, with a small number of officers at one end of the curve, a small number at the other end, and the bulk of the problem situated in the middle. The bell-curve assumption has become so much a part of our mental architecture that we tend to use it to organize experience automatically. But when the L.AP.o. was investigated by a special commission headed by Warren Christopher, a very different picture emerged. Between 1986 and 1990, allegations of excessive force or improper tactics were made against eighteen hundred of the eighty- five hundred officers in the L.AP.D. The broad middle had scarcely been accused of anything. Furthermore, more than fourteen hundred officers had only one or two allegations made against them-and bear in mind that these were not proven charges, that they happened in a four-year period, and that allegations of excessive force are an inevitable feature of urban police work. (The N.Y.P.o. receives about three thousand such complaints a year.) A hundred and eighty-three officers, however, had four or more complaints against them, forty-four officers had six or more complaints, sixteen had eight or more, and one had sixteen complaints. If you were to graph the troubles of the L.AP.D., it wouldn't look like a bell curve. It would look more like a hockey stick. It would follow what statisticians call a "power law" distribution-where all the activity is not in the middle but at one extreme. The Christopher Commission's report repeatedly comes back to what it describes as the extreme concentration of problematic officers. One officer had been the subject of thirteen allegations of excessive use of force, five other complaints, twenty-eight "use of force reports" (that is, documented, internal accounts of inappropriate behavior), and one shooting. Another had six excessive-force complaints, nineteen other complaints, 3 ten use-of-force reports, and three shootings. A third had twenty-seven use-of-force reports, and a fourth had thirty-five. Another had a file full of complaints for doing things like "striking an arrestee on the back of the neck with the butt of a shotgun for no apparent reason while the arrestee was kneeling and handcuffed," beating up a thirteen-year-old juvenile, and throwing an arrestee from his chair and kicking him in the back and side of the head while he was handcuffed and lying on his stomach. The report gives the strong impression that if you fired those forty-four cops the L.A.P.o. would suddenly become a pretty well-functioning police department. But the report also suggests that the problem is tougher than it seems, because those forty-four bad cops were so bad that the institutional mechanisms in place to get rid of bad apples clearly weren't working. If you made the mistake of assuming that the department's troubles fell into a normal distribution, you'd propose solutions that would raise the performance of the middle-like better training or better hiring-when the middle didn't need help. For those hard-core few who did need help, meanwhile, the medicine that helped the middle wouldn't be nearly strong enough. In the nineteen-eighties, when homelessness first surfaced as a national issue, the assumption was that the problem fit a normal distribution: that the vast majority of the homeless were in the same state of semi-permanent distress. It was an assumption that bred despair: if there were so many homeless, with so many problems, what could be done to help them? Then, fifteen years ago, a young Boston College graduate student named Dennis Culhane lived in a shelter in Philadelphia for seven weeks as part of the research for his dissertation. A few months later he went back, and was surprised to discover that he couldn't find any of the people he had recently spent so much time with. "It made me realize that most of these people were getting on with their own lives," he said. Culhane then put together a database-the first of its kind-to track who was coming in and out of the shelter system. What he discovered profoundly changed the way homelessness is understood. Homelessness doesn't have a normal distribution, it turned out. It has a power-law distribution. "We found that eighty per cent of the homeless were in and out really quickly," he said. "In Philadelphia, the most common length of time that someone is homeless is one day. And the second most common length is two days. And they never come back. Anyone who ever has to stay in a shelter involuntarily knows that all you think about is how to make sure you never come back." The next ten per cent were what Culhane calls episodic users. They would come for three weeks at a time, and return periodically, particularly in the winter. They were quite young, and they were often heavy drug users. It was the last ten per cent-the group at the farthest edge of the curve-that interested Culhane the most. They were the chronically homeless, who lived in the shelters, sometimes for years at a time. They were older. Many were mentally ill or physically disabled, and when we think about homelessness as a social problem-the people sleeping on the sidewalk, aggressively panhandling, lying drunk in doorways, huddled on subway grates and under bridges- it's this group that we have in mind. In the early nineteennineties, Culhane's database 4 suggested that New York City had a quarter of a million people who were homeless at some point in the previous half decade -which was a surprisingly high number. But only about twenty-five hundred were ,chronically homeless. It turns out, furthermore, that this group costs the health-care and social-services systems far more than anyone had ever anticipated. Culhane estimates that in New York at least sixty-two million dollars was being spent annually to shelter just those twenty-five hundred hard-core homeless. "It costs twenty-four thousand dollars a year for one of these shelter beds," Culhane said. "We're talking about a cot eighteen inches away from the next cot." Boston Health Care for the Homeless Program, a leading service group for the homeless in Boston, recently tracked the medical expenses of a hundred and nineteen chronically homeless people. In the course of five years, thirty- three people died and seven more were sent to nursing homes, and the group still accounted for 18,834 emergencyroom visits-at a minimum cost of a thousand dollars a visit. The University of California, San Diego Medical Center followed fifteen chronically homeless inebriates and found that over eighteen months those fifteen people were treated at the hospital's emergency room four hundred and seventeen times, and ran up bills that averaged a hundred thousand dollars each. One person-San Diego's counterpart to Murray Barr-came to the emergency room eighty-seven times. "If it's a medical admission, it's likely to be the guys with the really complex pneumonia," James Dunford, the city of San Diego's emergency medical director and the author of the observational study, said. "They are drunk and they aspirate and get vomit in their lungs and develop a lung abscess, and they get hypothermia on top of that, because they're out in the rain. They end up in the intensive-care unit with these very complicated medical infections. These are the guys who typically get hit by cars and buses and trucks. They often have a neurosurgical catastrophe as well. So they are very prone to just falling down and cracking their head and getting a subdural hematoma, which, if not drained, could kill them, and it's the guy who falls down and hits his head who ends up costing you at least fifty thousand dollars. Meanwhile, they are going through alcoholic withdrawal and have devastating liver disease that only adds to their inability to fight infections. There is no end to the issues. We do this huge drill. We run up big lab fees, and the nurses want to quit, because they see the same guys come in over and over, and all we're doing is making them capable of walking down the block." The homelessness problem is like the L.A.P.D.'s bad-cop problem. It's a matter of a few hard cases, and that's good news, because when a problem is that concentrated you can wrap your arms around it and think about solving it. The bad news is that those few hard cases are hard. They are falling-down drunks with liver disease and complex infections and mental illness. They nee'd time and attention and lots of money. But enormous sums of money are already being spent on the chronically homeless, and Culhane saw that the kind of money it would take to solve the homeless problem could well be less than the kind of money it took to ignore it. Murray Barr used more health- care dollars, after all, than almost anyone in the state of Nevada. It would probably have been cheaper to give him a full-time nurse and his own apartment. 5 The leading exponent for the power-law theory of homelessness is Philip Mangano, who, since he was appointed by President Bush in 2002, has been the executive director of the U.S. Interagency Council on Homelessness, a group that oversees the programs of twenty federal agencies. Mangano is a slender man, with a mane of white hair and a magnetic presence, who got his start as an advocate for the homeless in Massachusetts. In the past two years, he has crisscrossed the United States, educating local mayors and city councils about the real shape of the homelessness curve. Simply running soup kitchens and shelters, he argues, allows the chronically homeless to remain chronically homeless. You build a shelter and a soup kitchen if you think that homelessness is a problem with a broad and unmanageable middle. But if it's a problem at the fringe it can be solved. So far, Mangano has convinced more than two hundred cities to radically reevaluate their policy for dealing with the homeless. "I was in St. Louis recently," Mangano said, back in June, when he dropped by New York on his way to Boise, Idaho. "I spoke with people doing services there. They had a very difficult group of people they couldn't reach no matter what they offered. So I said, Take some of your money and rent some apartments and go out to those people, and literally go out there with the key and say to them, 'This is the key to an apartment. If you come with me right now I am going to give it to you, and you are going to have that apartment.' And so they did. And one by one those people were coming in. Our intent is to take homeless policy from the old idea of funding programs that serve homeless people endlessly and invest in results that actually end homelessness." Mangano is a history buff, a man who sometimes falls asleep listening to old Malcolm X speeches, and who peppers his remarks with references to the civil-rights movement and the Berlin Wall and, most of all, the fight against slavery. "I am an abolitionist," he says. "My office in Boston was opposite the monument to the 54th Regiment on the Boston Common, up the street from the Park Street Church, where William Lloyd Garrison called for immediate abolition, and around the corner from where Frederick Douglass gave that famous speech at the Tremont Temple. It is very much ingrained in me that you do not manage a social wrong. You should be ending it." T he old Y.M.C.A. in downtown Denver is on Sixteenth Street, just east of the central business district. The main building is a handsome six-story stone structure that was erected in 1906, and next door is an annex that was added in the nineteen-fifties. On the ground floor there is a gym and exercise rooms. On the upper floors there are several hundred apartments-brightly painted one-bedrooms, efficiencies, and S.R.O.- style rooms with microwaves and refrigerators and central airconditioning-and for the past several years those apartments have been owned and managed by the Colorado Coalition for the Homeless. Even by big-city standards, Denver has a serious homelessness problem. The winters are relatively mild, and the summers aren't nearly as hot as those of neighboring New Mexico or Utah, which has made the city a magnet for the indigent. By the city's 6 estimates, it has roughly a thousand chronically homeless people, of whom three hundred spend their time downtown, along the central Sixteenth Street shopping corridor or in nearby Civic Center Park. Many of the merchants downtown worry that the presence of the homeless is scaring away customers. A few blocks north, near the hospital, a modest, low-slung detox center handles twenty-eight thousand admissions a year, many of them homeless people who have passed out on the streets, either from liquor or-as is increasingly the case-from mouthwash. "Dr. Tichenor's-Dr. Tich, they call it-is the brand of mouthwash they use," says Roxane White, the manager of the city's social services. "You can imagine what that does to your gut." Eighteen months ago, the city signed up with Mangano. With a mixture of federal and local funds, the C.C.H. inaugurated a new program that has so far enrolled a hundred and six people. It is aimed at the Murray Barrs of Denver, the people costing the system the most. C.C.H. went after the people who had been on the streets the longest, who had a criminal record, who had a problem with substance abuse or mental illness. "We have one individual in her early sixties, but looking at her you'd think she's eighty," Rachel Post, the director of substance treatment at the C.C.H., said. (Post changed some details about her clients in order to protect their identity.) "She's a chronic alcoholic. A typical day for her is she gets up and tries to find whatever she's going to drink that day. She falls down a lot. There's another person who came in during the first week. He was on methadone maintenance. He'd had psychiatric treatment. He was incarcerated for eleven years, and lived on the streets for three years after that, and, if that's not enough, he had a hole in his heart." The recruitment strategy was as simple as the one that Mangano had laid out in St. Louis: Would you like a free apartment? The enrollees got either an efficiency at the Y.M.C.A. or an apartment rented for them in a building somewhere else in the city, provided they agreed to work within the rules of the program. In the basement of the Y, where the racquetball courts used to be, the coalition built a command center, staffed with ten caseworkers. Five days a week, between eight-thirty and ten in the morning, the caseworkers meet and painstakingly review the status of everyone in the program. On the wall around the conference table are several large white boards, with lists of doctor's appointments and court dates and medication schedules. "We need a staffing ratio of one to ten to make it work," Post said. "You go out there and you find people and assess how they're doing in their residence. Sometimes we're in contact with someone every day. Ideally, we want to be in contact every couple of days. We've got about fifteen people we're really worried about now." The cost of services comes to about ten thousand dollars per homeless client per year. An efficiency apartment in Denver averages $376 a month, or just over forty-five hundred a year, which means that you can house and care for a chronically homeless person for at most fifteen thousand dollars, or about a third of what he or she would cost on the street. The idea is that once the people in the program get stabilized they will find jobs, and start to pick up more and more of their own rent, which would bring someone's annual cost to the program closer to six thousand dollars. As of today, seventy-five 7 supportive housing slots have already been added, and the city's homeless plan calls for eight hundred more over the next ten years. The reality, of course, is hardly that neat and tidy. The idea that the very sickest and most troubled of the homeless can be stabilized and eventually employed is only a hope. Some of them plainly won't be able to get there: these are, after all, hard cases. "We've got one man, he's in his twenties," Post said. "Already, he has cirrhosis of the liver. One time he blew a blood alcohol of .49, which is enough to kill most people. The first place we had he brought over all his friends, and they partied and trashed the place and broke a window. Then we gave him another apartment, and he did the same thing." Post said that the man had been sober for several months. But he could relapse at some point and perhaps trash another apartment, and they'd have to figure out what to do with him next. Post had just been on a conference call with some people in New York City who run a similar program, and they talked about whether giving clients so many chances simply encourages them to behave irresponsibly. For some people, it probably does. But what was the alternative? If this young man was put back on the streets, he would cost the system even more money. The current philosophy of welfare holds that government assistance should be temporary and conditional, to avoid creating dependency. But someone who blows .49 on a Breathalyzer and has cirrhosis of the liver at the age of twenty-seven doesn't respond to incentives and sanctions in the usual way. "The most complicated people to work with are those who have been homeless for so long that going back to the streets just isn't scary to them," Post said. "The summer comes along and they say, 'I don't need to follow your rules.' " Power-law homelessness policy has to do the opposite of normal-distribution social policy. It should create dependency: you want people who have been outside the system to come inside and rebuild their lives under the supervision of those ten caseworkers in the basement of the Y.M.C.A. That is what is so perplexing about power-law homeless policy. From an economic perspective the approach makes perfect sense. But from a moral perspective it doesn't seem fair. Thousands of people in the Denver area no doubt live day to day, work two or three jobs, and are eminently deserving of a helping hand-and no one offers them the key to a new apartment. Yet that's just what the guy screaming obscenities and swigging Dr. Tich gets. When the welfare mom's time on public assistance runs out, we cut her off. Yet when the homeless man trashes his apartment we give him another. Social benefits are supposed to have some kind of moral justification. We give them to widows and disabled veterans and poor mothers with small children. Giving the homeless guy passed out on the sidewalk an apartment has a different rationale. It's simply about efficiency. We also believe that the distribution of social benefits should not be arbitrary. We don't give only to some poor mothers, or to a random handful of disabled veterans. We give to everyone who meets a formal criterion, and the moral credibility of government assistance derives, in part, from this universality. But the Denver homelessness program doesn't help every chronically homeless person in Denver. There is a waiting 8 list of six hundred for the supportive-housing program; it will be years before all those people get apartments, and some may never get one. There isn't enough money to go around, and to try to help everyone a little bit-to observe the principle of universality- isn't as cost-effective as helping a few people a lot. Being fair, in this case, means providing shelters and soup kitchens, and shelters and soup kitchens don't solve the problem of homelessness. Our usual moral intuitions are little use, then, when it comes to a few hard cases. Power-law problems leave us with an unpleasant choice. We can be true to our principles or we can fix the problem. We cannot do both. A few miles northwest of the old Y.M.C.A. in downtown Denver, on the Speer Boulevard off-ramp from 1-25, there is a big electronic sign by the side of the road, connected to a device that remotely measures the emissions of the vehicles driving past. When a car with properly functioning pollution-control equipment passes, the sign flashes "Good." When a car passes that is well over the acceptable limits, the sign flashes "Poor." If you stand at the Speer Boulevard exit and watch the sign for any length of time, you'll find that virtually every car scores "Good." An Audi A4 -"Good." A Buick Century-"Good." A Toyota Corolla-"Good." A Ford Taurus-"Good." A Saab 9- 5-"Good," and on and on, until after twenty minutes or so, some beat-up old Ford Escort or tricked-out Porsche drives by and the sign flashes "Poor." The picture of the smog problem you get from watching the Speer Boulevard sign and the picture of the homelessness problem you get from listening in on the morning staff meetings at the Y.M.C.A. are pretty much the same. Auto emissions follow a power-law distribution, and the airpollution example offers another look at why we struggle so much with problems centered on a few hard cases. Most cars, especially new ones, are extraordinarily clean. A 2004 Subaru in good working order has an exhaust stream that's just .06 per cent carbon monoxide, which is negligible. But on almost any highway, for whatever reason-age, ill repair, deliberate tampering by the owner-a small number of cars can have carbon-monoxide levels in excess of ten per cent, which is almost two hundred times higher. In Denver, five per cent of the vehicles on the road produce fifty-five per cent of the automobile pollution. "Let's say a car is fifteen years old," Donald Stedman says. Stedman is a chemist and automobile-emissions specialist at the University of Denver. His laboratory put up the sign on Speer Avenue. "Obviously, the older a car is the more likely it is to become broken. It's the same as human beings. And by broken we mean any number of mechanical malfunctions-the computer's not working anymore, fuel injection is stuck open, the catalyst died. It's not unusual that these failure modes result in high emissions. We have at least one car in our database which was emitting seventy grams of hydrocarbon per mile, which means that you could almost drive a Honda Civic on the exhaust fumes from that car. It's not just old cars. It's new cars with high mileage, like taxis. One of the most successful and least publicized control measures was done by a district attorney in L.A. back in the nineties. He went to LAX and discovered that all of 9 the Bell Cabs were gross emitters. One of those cabs emitted more than its own weight of pollution every year." In Stedman's view, the current system of smog checks makes little sense. A million motorists in Denver have to go to an emissions center every year-take time from work, wait in line, pay fifteen or twenty-five dollars-for a test that more than ninety per cent of them don't need. "Not everybody gets tested for breast cancer," Stedman says. "Not everybody takes an AIDS test." On-site smog checks, furthermore, do a pretty bad job of finding and fixing the few outliers. Car enthusiasts-with high-powered, high-polluting sports cars-have been known to drop a clean engine into their car on the day they get it tested. Others register their car in a faraway town without emissions testing or arrive at the test site "hot"-having just come off hard driving on the freeway-which is a good way to make a dirty engine appear to be clean. Still others randomly pass the test when they shouldn't, because dirty engines are highly variable and sometimes burn cleanly for short durations. There is little evidence, Stedman says, that the city's regime of inspections makes any difference in air quality. He proposes mobile testing instead. Twenty years ago, he invented a device the size of a suitcase that uses infrared light to instantly measure and then analyze the emissions of cars as they drive by on the highway. The Speer Avenue sign is attached to one of Stedman's devices. He says that cities should put half a dozen or so of his devices in vans, park them on freeway off-ramps around the city, and have a police car poised to pull over anyone who fails the test. A half-dozen vans could test thirty thousand cars a day. For the same twenty-five million dollars that Denver's motorists now spend on on- site testing, Stedman estimates, the city could identify and fix twenty-five thousand truly dirty vehicles every year, and within a few years cut automobile emissions in the Denver metropolitan area by somewhere between thirty-five and forty per cent. The city could stop managing its smog problem and start ending it. Why don't we all adopt the Stedman method? There's no moral impediment here. We're used to the police pulling people over for having a blown headlight or a broken side mirror, and it wouldn't be difficult to have them add pollution-control devices to their list. Yet it does run counter to an instinctive social preference for thinking of pollution as a problem to which we all contribute equally. We have developed institutions that move reassuringly quickly and forcefully on collective problems. Congress passes a law. The Environmental Protection Agency promulgates a regulation. The auto industry makes its cars a little cleaner, and-presto-the air gets better. But Stedman doesn't much care about what happens in Washington and Detroit. The challenge of controlling air pollution isn't so much about the laws as it is about compliance with them. It's a policing problem, rather than a policy problem, and there is something ultimately unsatisfying about his proposed solution. He wants to end air pollution in Denver with a half-dozen vans outfitted with a contraption about the size of a suitcase. Can such a big problem have such a small-bore solution? That's what made the findings of the Christopher Commission so unsatisfying. We put together blue-ribbon panels when we're faced with problems that seem too large for the 10 n" I normal mechanisms of bureaucratic repair. We want sweeping reforms. But what was the commission's most memorable observation? It was the story of an officer with a known history of doing things like beating up handcuffed suspects who nonetheless received a performance review from his superior stating that he "usually conducts himself in a manner that inspires respect for the law and instills public confidence." This is what you say about an officer when you haven't actually read his file, and the implication of the Christopher Commission's report was that the L.A.P.D. might help solve its problem simply by getting its police captains to read the files of their officers. The L.A.P.D.'s problem was a matter not of policy but of compliance. The department needed to adhere to the rules it already had in place, and that's not what a public hungry for institutional transformation wants to hear. Solving problems that have power- law distributions doesn't just violate our moral intuitions; it violates our political intuitions as well. It's hard not to conclude, in the end, that the reason we treated the homeless as one hopeless undifferentiated group for so long is not simply that we didn't know better. It's that we didn't want to know better. It was easier the old way. Power-law solutions have little appeal to the right, because they involve special treatment for people who do not deserve special treatment; and they have little appeal to the left, because their emphasis on efficiency over fairness suggests the cold number-crunching of Chicago-school cost-benefit analysis. Even the promise of millions of dollars in savings or cleaner air or better police departments cannot entirely compensate for such discomfort. In Denver, John Hickenlooper, the city's enormously popular mayor, has worked on the homelessness issue tirelessly during the past couple of years. He spent more time on the subject in his annual State of the City address this past summer than on any other topic. He gave the speech, with deliberate symbolism, in the city's downtown Civic Center Park, where homeless people gather every day with their shopping carts and garbage bags. He has gone on local talk radio on many occasions to discuss what the city is doing about the issue. He has commissioned studies to show what a drain on the city's resources the homeless population has become. But, he says, "there are still people who stop me going into the supermarket and say, 'I can't believe you're going to help those homeless people, those bums.' " Early one morning a year ago, Marla Johns got a call from her husband, Steve. He was at work. "He called and woke me up," Johns remembers. "He was choked up and crying on the phone. And I thought that something had happened with another police officer. I said, 'Oh, my gosh, what happened?' He said, 'Murray died last night.' " He died of intestinal bleeding" At the police department that morning, some of the officers gave Murray a moment of silence. "There are not many days that go by that I don't have a thought of him," she went on. "Christmas comes.- and I used to buy him a Christmas present. Make sure he had warm gloves and a blanket and a coat. There was this mutual respect. There was a time when another intoxicated patient jumped off the gurney and was coming at me, and Murray jumped off his gurney and shook his fist and said, 'Don't you touch my angel.' 11 You know, when he was monitored by the system he did fabulously. He would be on house arrest and he would get a job and he would save money and go to work every day, and he wouldn't drink. He would do all the things he was supposed to do. There are some people who can be very successful members of society if someone monitors them. Murray needed someone to be in charge of him." But, of course, Reno didn't have a place where Murray could be given the structure he needed. Someone must have decided that it cost too much. "I told my husband that I would claim his body if no one else did," she said. "I would not have him in an unmarked grave." .. Copyright @ CondeNet 2006. All rights reserved. 12 A Plan: Not a Dream Bow to End BOlDelessness in Ten Years National Alliance to End Romelessness 1518 J( Street, NW Suite 206 Washinpon, DC 20005 (202) 838-1528 (202) 838-4884 fax SUmmary Twenty years ago there was not wide-spread homelessness in America. Tonight nearly a million people will be homeless, despite a two billion dollar a year infrastructure designed to deal with the problem. Can homelessness be ended? While the seeds of homelessness were planted in the 1960s and 1970s with de institutionalization of mentally ill peo- ple and loss of affordable housing stock, wide-spread homelessness did not emerge until the 1980s. Several factors have affected its growth over the last two decades. Housing has become scarcer for those with little money. Earn- ings from employment and from benefits have not kept pace with the cost of housing for low income and poor peo- ple. Services that every family needs for support and stability have become harder for very poor people to afford or find. In addition to these systemic causes, social changes have exacerbated the personal problems of many poor Ameri- cans, leading them to be more vulnerable to homelessness. These social trends have included new kinds of illegal drugs, more single parent and teen-headed households with low earning power, and thinning support networks. These causes ofhomelessness must be addressed. People who are homeless must be helped, and the current system does this reasonably well for many of those who become homeless. But the homeless assistance system can neither prevent people from becoming homeless nor change the overall availability of housing, income and services that will truly end homelessness. Mainstream social programs, on the other hand, do have the ability to prevent and end homelessness. These are pro- grams like welfare, health care, mental health care, substance abuse treatment, veterans assistance and so on. These programs, however, are over-subscribed. Perversely, the very existence of the homeless assistance system encour- ages these mainstream systems to shift the cost and responsibility for helping the most vulnerable people to the home- less assistance system. This dysfunctional situation is becoming more and more institutionalized. Can nothing be done? Ending Homelessness in Ten Years The Board of Directors of the National Alliance to End Homelessness believes that, in fact, ending homelessness is well within the nation's grasp. We can reverse the incentives in mainstream systems so that rather than causing homelessness, they are preventing it. And we can make the homeless assistance system more outcome-driven by tailoring solution-oriented approaches more directly to the needs of the various sub-populations of the homeless population. In this way, homelessness can be ended within ten years. To end homelessness in ten years, the following four steps should be taken, simultaneously. Plan for Outcomes Today most American communities plan how to manage homelessness - not how to end it. In fact, new data has shown that most localities could help homeless people much more effectively by changing the mix of assistance they provide. A first step in accomplishing this is to collect much better data at the local level. A second step is to create a planning process that focuses on the outcome of ending homelessness - and then brings to the table not just the homeless assistance providers, but the mainstream state and local agencies and organizations whose clients are home- less. Executive Summary Close the Front Door The homeless assistance system ends homelessness for thousands of people every day, but they are quickly replaced by others. People who become homeless are almost always clients of public systems of care and assistance. These include the mental health system, the public health system, the welfare system, and the veterans system, as well as the criminal justice and the child protective service systems (including foster care). The more effective the homeless as- sistance system is in caring for people, the less incentive these other systems have to deal with the most troubled peo- ple - and the more incentive they have to shift the cost of serving them to the homeless assistance system. This situation must be reversed. The flow of incentives can favor helping the people with the most complex prob- lems. As in many other social areas, investment in prevention holds the promise of saving money on expensive systems of remedial care. Open the Back Door Most people who become homeless enter and exit homelessness relatively quickly. Although there is a housing shortage, they accommodate this shortage and find housing. There is a much smaller group of people which spends more time in the system. The latter group - the majority of whom are chronically homeless and chronically ill- vir- tually lives in the shelter system and is a heavy user of other expensive public systems such as hospitals and jails. People should be helped to exit homelessness as quickly as possible through a housing first approach. For the chronically homeless, this means permanent supportive housing (housing with services) - a solution that will save money as it reduces the use of other public systems. For families and less disabled single adults it means getting peo- ple very quickly into permanent housing and linking them with services. People should not spend years in homeless systems, either in shelter or in transitional housing. Build the Infrastructure While the systems can be changed to prevent homelessness and shorten the experience of homeless ness, ultimately people will continue to be threatened with instability until the supply of affordable housing is increased; incomes of the poor are adequate to pay for necessities such as food, shelter and health care; and disadvantaged people can re- ceive the services they need. Attempts to change the homeless assistance system must take place within the context oflarger efforts to help very poor people. *** Taking these steps will change the dynamic of homelessness. While it will not stop people from losing their housing, it will alter the way in which housing crises are dealt with. While it will not end poverty, it will re- quire that housing stability be a measure of success for those who assist poor people. The National Alliance to End Homelessness believes that these adjustments are necessary to avoid the complete institutionalization of homelessness. If implemented over time, they can lead to an end to homelessness within ten years. 2 n" I Between 700,000 and 800,000 people are homeless on any given night. Over the course of a year between 2.5 and 3.5 million people willi experience homelessness in this country.l In order to end homelessness, it is neces- sary to understand the needs and characteristics of the sub-populations of this large group. The most signifi- cant sub-groups are people who experience homeless- ness as part of a family group, and those who are single adults. Families Most families become homeless because they are having a housing crisis. Their primary, immediate need is for housing. Certainly they are likely to have other needs -- for services and to increase their incomes. However, these needs are best met, once the family is in perma- nent housing - not while they are temporarily housed in shelter or transitional housing. Most homeless families get themselves back into housing as quickly as they can after they become homeless. . About half of the individuals who experience homelessness over the course of a year live in family units.2 . About 38% of people who are homeless in the course of a year are children.3 . Most people in homeless families have personal problems to overcome, but these problems are not appreciably different from those of poor, housed families.4 . Services delivered in the homeless system seem to have little effect on eventual stability of these families in housing.5 . Homeless families report that their major needs are for help finding a job, help finding afford- able housing, and financial help to pay for hous- ing. The services they most often receive, how- ever, are clothing, transportation assistance, and help in getting public benefits. Only 20% of families report that they received help finding housing.6 In cases in which a family is fleeing from a domestic violence situation or in which the head of household has been in residential treatment or detoxification for drug or alcohol abuse illness, a transitional period may be re- quired prior to housing placement. Homeless Population (over a year) IIIll Single People D Families Source: America's Homeless 11: Populations and Sen1jces. Fch. /,2000, Urhan Institute. Washinwon. DC - paper presented hy Dr. Martha Burr Homeless Population (point in time) 1IIll66% Single People D 34% Families Source: America's Homeless 1/: Populations and Services. Feh. J. 2000. Urban Institute, Washington. DC - ptlpcr presented hy Dr. Martha Burr Shelter Use of Homeless Adults (over a year) I;I!I&'&~&". ~ ~~.w....,._. ~ ~=~l *~'%'% ;~ . , Source: Culhane, cud. 1999 11II 81 ox. Enter and Exit Quickly 090;'. Enter and Exit Repeatedly 010% Remain Single Homeless People About half of the people who experience homelessness over the course of a year are single adults. Most enter and exit the system fairly quickly. The remainder essen- tially live in the homeless assistance system, or in a combination of shelters, hospitals, the streets, and jails and prisons. 3 A Snapshot of Homelessness . 80% of single adult shelter users enter the homeless system only once or twice, stay just over a month, and do not return. 9% enter nearly five times a year and stay nearly two months each time. This group utilizes 18% of the system's resources. The remaining 10% en- ters the system just over twice a year and spends an average of 280 days per stay - virtually liv- ing in the system and utilizing nearly half its 7 resources. . The main types of help homeless single adults felt they needed were help finding a job, help finding affordable housing, and help paying for housing. The major types of assistance they re- ceived were clothing, transportation and help with public benefits. Only 7% reported receiv- ing help finding housing.8 There are also single homeless people who are not adults - runaway and throwaway youth. This popula- tion is of indeterminate size, and is often not included in counts of homeless people. One study that interviewed youth found that 1.6 million had an episode of home- lessness lasting at least one night over the course of a 9 year. 4 For mayors, city councils and even homeless providers it often seems that placing homeless people in shelters, while not the most desirable course, is at least the most inexpensive way of meeting basic needs. This is decep- tive. The cost ofhomelessness can be quite high, par- ticularly for those with chronic illnesses. Because they have no regular place to stay, people who are homeless use a variety of public systems in an inefficient and costly way. Preventing a homeless episode, or ensuring a speedy transition into stable permanent housing can result in a significant cost savings. . A recent study of supportive housing in Conecticut compared Medicaid costs for residents for six- month periods prior to and after their move into permanent supportive housing. Reimbursements for mental health and substance abuse treatments de- creased by $760 per service user while reimburse- ments for inpatient and nursing home services de- creased by $10,900.10 Following are some of the ways in which homelessness can be costly. Hospitalization and Medical Treatment People who are homeless are more likely to access costly health care services. . According to a report in the New England Jour- nal of Medicine, homeless people spent an aver- age offour days longer per hospital visit than did comparable non-homeless people. This ex- tra cost, approximately $2,414 per hospitaliza- tion, is attributable to homelessness.11 · A study of hospital admissions of homeless peo- ple in Hawaii revealed that 1,751 adults were responsiblefor 564 hospitalizations and $4 mil- lion in admission cost. Their rate of psychiatric hospitalization was over 100 times their non- homeless cohort. The researchers conducting the study estimate that the excess cost for treat- ing these homeless individuals was $3.5 mil- lion or about $2,000 per person.12 Homelessness both causes and results from serious health care issues, including addictive disorders. 13 Treating homeless people for drug and alcohol related illnesses in less than optimal conditions is expensive. Substance abuse increases the risk of incarceration and HIV exposure, and it is itself a substantial cost to our medical system. . Physician and health care expert Michael Siegel found that the average cost to cure an alcohol re- lated illness is approximately $10,660. Another study found that the average cost to California Hos- pitals of treating a substance abuser is about $8,360 for those in treatment, and $14,740 for those who are not. 14 Prisons and Jails People who are homeless spend more time in jailor prison n sometimes for crimes such as loitering -- which is tremendously costly. . According to a University of Texas two-year survey of homeless individuals, each person cost the taxpayers $14,480 per year, primarily fi 'h"ll' or overnzg t Jal . . · A typical cost of a prison bed in a state orfed- eral prison is $20,000 per year. 16 Emergency Shelter Emergency shelter is a costly alternative to permanent housing. While it is sometimes necessary for short-term crises, it too often serves as long-term housing. The cost of an emergency shelter bed funded by HUD's Emer- gency Shelter Grants program is approximately $8,067,17 more than the average annual cost of a fed- eral housing subsidy (Section 8 Housing Certificate). Lost Opportunity Perhaps the most difficult cost to quantify is the loss of future productivity. Decreased health and more time spent in jails or prisons, means that homeless people have more obstacles to contributing to society through their work and creativity. Homeless children also face barriers to education. Dr. Yvonne Rafferty, of Pace University, wrote an arti- cle which compiled earlier research on the education of homeless children, including the following findings: 5 The Cost of Homelessness . Fox, Barnett, Davies, and Bird 1990: 79% of 49 homeless children in NYC scored at or below the 10th percentile for children of the same age in the general population. . 1993: 13% of 157 homeless students in the sixth grade scored at or above grade level in reading ability, compared with 37% of all fifth graders taking the same test. · Maza and Hall 1990: 43% of children of 163 homelessfamilies were not attending school. . Rafferty 1991: attendance rate for homeless students is 51%, vs. 84%for general popu- lation. . NYC Public Schools 1991: 15% of 368 homeless students were long-term absentee vs. 3.5% general population. 18 Because many homeless children have such poor educa- tion experiences, their future productivity and career prospects may suffer. This makes the effects of home- lessness much longer lasting than just the time spent in shelters. 6 Elements Plan for Outcomes Localities can begin to develop plans to end, rather than to manage, homelessness. There are two compo- nents. Every jurisdiction can collect data that allows it to identify the most effective strategy for each sub- group of the homeless population. Second, jurisdictions can bring to the planning table those responsible for mainstream as well as homeless-targeted resources. Close the Front Door Homelessness can be prevented by making mainstream poverty programs more accountable for the out- comes of their most vulnerable clients and wards. Open the Back Door Where homeless people are already accommodating the shortage of affordable housing, this should be fa- cilitated and accelerated. Where there is no housing, particularly for those who are chronically homeless, an adequate supply of appropriate housing should be developed and subsidized. Build the Infrastructure Ending homelessness can be a first step in addressing the systemic problems that lead to crisis poverty: . shortage of affordable housing . incomes that do not pay for basic needs . lack of appropriate services for those who need them. *These steps should bt:: undertaken simultaneously 7 Planning Since the demographics of homeless ness, and therefore its solutions, vary in every locality, ending homelessness will require the development oflocal plans to systematically and quickly re-house those who lose their housing. The replace- ment housing should be pemlanent n having no artificiallim- its on how long a person can stay. If an individual or family requires some type of temporary housing such as residential treatment (for illness) or residential separation (for victims of domestic violence, for chronically homeless people, for peo- ple in recovery) such interim housing should be firmly linked to eventual placement in permanent housing. In order to develop local syst,ems that do not tolerate home- lessness, two things must happen. Accurate administrative data must be developed to understand the nature of homeless- ness and its solutions, and long range planning must take place with the goal of ending homelessness (defined as get- ting people into permanent housing). Data Every jurisdiction needs solid information on who is home- less, why they became homeless, what homeless and main- stream assistance they receive and what is effective in ending their homelessness. This information is needed on a city- or state-wide basis, not just a program-by-program basis. This allows trends to be monitored to determine what is causing homelessness, to assess what types of assistance are available to address homelessness, and to fill the resulting gaps. Questions that can be answered with such data include: . With what mainstream public systems have homeless people interacted, and did this interaction result in home- lessness (example: poor discharge planning, inadequate after-care, etc.)? . How many units of supportive housing are needed to eliminate chronic homelessness? . For those who enter and exit the system fairly quickly, what assistance is most effective in facilitating their re- housing? . What mainstream services do families need after they are housed so that they do not become homeless again? Surprisingly, very few places have this kind offundamental data upon which to base decisions. Accordingly, the ap- proach to homelessness is more often intuitive and general than strategic and outcome driven. Planning At present, there is very little local planning to end homeless- ness, utilizing the full range of resources that is available at the local and state levels. A first step toward such an effort, the Continuum of Care process of applying for funds from the U.S. Department of Housing and Urban Development, has succeeded in increasing the level of cooperation and analysis at the local level. But genuine planning efforts are still rare. Local planning should go beyond the effort to create a full spectrum homeless assistance system which manages peo- ple's experience ofhomelessness. Local jurisdictions should develop long term plans whose goal is to immediately re- house anyone who becomes homeless. Such a system will involve agencies and programs far beyond the scope of the homeless assistance providers. The following agencies should be involved in local (and state) planning to end home- lessness. . State/local mental health department . Mental health providers . State/local public health department . Health care providers . State/local corrections department . State/local veterans affairs department . State/local labor or employment depart- ment . Employment services providers . Employers . State/local substance abuse department . Substance abuse providers . Homeless assistance providers . Govemor's/Mayor's office . County official(s) . State/local public assistance department . State/local housing department . Nonprofit housing developers/operators . For-profit housing developers/operators FrancisrotOakland Bay Atea hastmdl;lttlikeO att)I;l~9fj~i!ri- inat& th~ r~sponslt to homelltssness. Mentaihltalth, her agencies - both public and nonprofd addressing 8 The majority of people who enter the homeless assistance sys- tem receive help and exit the system relatively quickly. But no sooner do people successfully exit the system than they are replaced by others. This is why the number of homeless peo- ple does not decrease. Ifwe are going to end homelessness we must prevent people rrom becoming homeless - we must close the rront door to homekssness. In the past, homelessness prevention focused primarily on stopping eviction or planning for discharge rrom institutions like jailor mental hospitals. These are important, but we must take a more comprehensive view. Most homeless people are clients of a host of public social support systems, often called the "safety net." Others are the wards of programs in the criminal justice system or the child welfare system (foster care). Together these programs and systems are called the mainstream system. In a way, home- lessness is a litmus test - it can show whether the outcomes of the mainstream system are positive or negative. Insofar as their clients or wards end up homeless, the programs have bad outcomes. Generally speaking, these mainstream systems, while large in terms of scope and funding, are over-subscribed and under- funded relative to their responsibilities. It is not surprising, therefore, that they are quick to shift responsibilities and costs elsewhere, when they are able. The homeless assistance sys- tem provides one such opportunity. To the degree that home- less programs take responsihility for a whole host of very poor people, the mainstream system does not have to. How- ever, the homeless system is not large and well-funded. It can meet immediate needs, but it cannot prevent people be- coming homeless, and it cannot address their fundamental need for housing, income and services. Only the mainstream system has the resources to do this. To end homelessness, the mainstream programs must prevent people rrom becoming homeless. A sample of the major pro- grams that could be expected to help prevent homelessness follows: 19 Temporary Assistance for Needy Families (TANF) Mental Health Performance Partnership Block Grants Social Services Block Grant State Children's Health Insurance Program Substance Abuse Prevention and Treatment Block Grant Community Ht:alth Centers Community ServIces Block Grants Medicaid Community Development Block Grant Home Investment Partnerships Progra (HOME) Public and Indian Housing Section 8 Rental Certificate and Voucher Pro- grams Section 811 Supportive Housing for Persons with Disabilities Program Job Training for Disadvantaged Adults Welfare to Work Grants to States and Localities Supplemental Security Income Veterans Benefits Veterans Medical Centers Youth Employment and Training Program Job Training for Disadvantaged Youth Veterans Employment Program Others with which poor people also interact, but which have a lesser impact are: Ryan White Care Act Emergency Food Assistance Program Food Stamp Program Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) Maternal and child Health Services Block Grant Housing Opportunities for People With AIDS (HOPW A) In order to Close the Front Door to Homelessness, we must prevent homelessness. This can be done in two ways. The first is to demonstrate that although shifting responsibility for homeless people to the homeless system may seem to be cost efficient, it is actually more costly over all. For example, sending parolees to shelters rather than half-way houses may seem cost efficient. However, it can increase recidivism, and result in use of other costly systems such as hospital emer- gency rooms. Second, we can reward systems for improving their outcomes, as measured by homelessness. This could be done by provid- ing incentives to programs which reduce the number of their clients or wards who become homeless. Conversely, it could be accomplished by penalizing these systems when a client becomes homeless. 9 Qpeniog the B A key step in ending homelessness is to quickly re-house eve- ryone who becomes homeless open the back door out of homelessness. Different subpopulations of homeless people require different housing strategies. The two major groups to consider are homeless families and homeless single adults. Both groups face system-based barriers to "getting out the back door." Chronically Homeless People The first and most important group to address when seeking to end homelessness is the group that lives in the shelter sys- tem - the chronically homeless. They represent 10%20 of the single homeless population, which itself represents approxi- mately 50%21 of homeless people, over time. Applied to a national yearly estimate of 3 million homeless people,22 there are thought to be some 150,000 chronically homeless people in the nation. Few people in this chronic group are likely to ever generate significant earnings through wages. While they may have some income from wages and/or public benefits, they will re- quire long term subsidization of both housing and services because of their disabilities. Permanent supportive housing -- housmg with appropriate and available services and supports -- is highly successful in stabilizing this population. To end homelessness for chronI- cally homeless people would take 150,000 units of permanent supportive housing. We estimate the cost of creating and sus- taining 150,000 units of pernlanent supportive housing to be $1.3 billion per year at the end of ten years. It is important to consider this cost on the context of savings that will be gener- ated in spending on homeless services, Medicaid, incarcera- tion and the like. (See attached The Cost of Permanent Supportive Housing.) Episodically Homeless Group The people who use shelter repeatedly, often called the epi- sodicallyhomeless group, constitute approximately 9% of the homeless single population or around 135,000 people.23 This group has a high public cost when housed in shelter because its members seem frequently to interact with other very costly public systems, particularly jails and prisons and hospitals. Many are active users of substances. They are young relative to the chronically homeless group. This group requires a flexibk strategy that addresses both their housmg needs (both when in treatment and in relapse) and their need for treatment. When they are in treatment, or compliant with treatment regimens (i.e., clean and sober), supportive housing or private sector housing are good options. When they are unable to find acceptable treatment, or unwill- ing to partake in treatment or treatment regimens, other hous- ing options must be found. Current policies in which episodi- cally homeless people sleep in the street, in shelters, hospitals and penal institutions jeopardize public safety (primarily for them) and/or have high public costs. There are different views about how best to address episodic homelessness. There are those who believe that many epi- sodically homeless people are those currently unwilling to engage in treatment for addiction disorders. Therefore they believe that it is necessary to create a type of housing that rec- ognizes the addiction, makes services available, but does not require sobriety. Models of so-called "low demand" housmg exist, and it has further been suggested that low cost hostel or dormitory type housing with daily or weekly rental terms be developed. Others believe that most treatment available for addiction disorders is not appropriate for this group (too short term, no follow-up recovery or sober housing) and that the solution for the episodic group is a sufficient supply of ap- propriate treatment. Both options are probably needed, but further examination of this problem will be required before the most appropriate mix is identified. Transitionally Homeless Those who have relatively short stays in the homeless assis- tance system, exit it and return infrequently if at all, have been called by Culhane the "transitionally" homeless.24 The majority of families and single adults who become homeless fall into this category. They have had a housing crisis that has resulted in their homelessness. Despite the near universal shortage of affordable housing for poor people, they will find a way to house themselves. Since the homeless system is un- able to address the real cause of their problem - the overall national shortage of affordable housing - its best course of action is to facilitate their accommodation to this shortage and help them make it more quickly. The Alliance recommends a HOUSING FIRST approach for most families. The focus is upon getting families very quickly back into housing and linking them with appropriate mainstream services - reducing their stay in housing to an absolute minimum. The components of such a plan are: . Housing services: to clear barriers such as poor ten- ant history, poor credit history, etc.; identify land- lords; negotiate with landlord; etc. . Case management services: to ensure families are receiving public benefits; to identify service needs; to connect tenants with community-based services. · Follow-Up: To work with tenants after they are in housing to avert crises that threaten housing stability and to problem-solve. 10 Opening the Backdoor There are exceptions to this strategy for which an interim type of housing is necessary prior to placement in permanent hous- ing. Families in which the head of household has a chronic and longstanding illness such as alcohol or substance abuse disorder or mental illness may require treatment, with housing for family members, followed by an intermediate level of sup- portive housing that has appropriate services attached. This would follow the model described above for chronically homeless, chronically ill single people. For families fleeing an immediate domestic violence situa- tion, a Housing First approach is also unlikely to be effective. Such families typically need a period offour to six months in a sheltered and secure environment in order to sever ties with the batterer. A major component of this transition, however, must be the identification of housing available at its comple- tion. Similarly for transitionally homeless single adults, the empha- sis should be placed upon facilitating their move to permanent housing. Housing services, case management services and follow-up services can be eHectively utilized to maximize housing stability. Dealing differently with these major components of the homeless population will drastically change the dynamic of homelessness. The current orientation is to keep people in the system for long periods of time, either because there is no place for them to go (chronically and episodically homeless), or be- cause it is assumed that people are homeless because of some set of personal problems that can be "fixed" by the homeless system (families, transitionally homeless single adults). To end homelessm$s, a different approach can be taken. People should be placed in housing as rapidly as possible and linked to available services. *** The Cost of Permanent Supportive Housing Providing 150,000 units of permanent supportive housing for those who are chronically homeless will be costly. Providing such housing will require a long-term commitment from Fed- eral, State, and local governments, and private providers. However, it also holds the promise of savings when total pub- lic investment is considered. Currently, permanent supportive housing is financed through several federal funding programs combined with conventional financing. The major programs that have funded such hous- ing are the Shelter Plus Care, Single Room Occupancy, and Supportive Housing (Permanent) programs at the US Depart- ment of Housing and Urban Development. To date around 50,000 units of supportive housing have been produced.25 We have estimated the cost of increasing this supply by 150,000 units of permanent supportive housing over ten years. We have calculated the cost of providing and sustain- ing this house using a project-based rent subsidy for suppor- tive housing providers. This subsidy would include operating expenses such as maintenance, utilities, interest, and property management, and would also include principal payments. The total cost the operating subsidies depends on the average per unit cost. The cost per unit of permanent supportive hous- ing will vary widely depending on the cost of housing and services in a given geographic area. Based on the costs of similar housing programs, we estimate that the housing com- ponent of the units would average approximately $8,500 per unit per year.26The initial and renewal costs of the subsidies required to meet the I O-year goal, including the costs of re- newing the current stock of supportive housing, are listed in the following table: Cost of Supportive Housing Componellt of Ten Year Plan (millions) First Year Total Year Rent Renewal Total Units Subsidy Cost Cost (N ew and Current) I $128 $300 $428 65,000 2 128 428 556 80.000 3 128 556 684 95.000 4 128 684 812 110,000 5 128 812 940 125,000 6 128 940 1.068 140.000 7 128 1,068 1.196 155.000 8 128 1.196 1.324 170.000 9 128 1.324 1,452 185,000 10 128 1,452 1,580 200,000 At the end often years, the annual cost of renewing the 150,000 units would be $1.3 billion, and the total cost of sus- taining both the incremental and the existing subsidies would be approximately $1.58 billion. II Opening the Back Door Construction and Rehabilitation In some localities, new supportive housing will have to be produced to meet this need, in others, existing housing can be rehabilitated, and in others, there may be adequate facilities already in place or tenant-based subsidies can be used in ex- isting housing. The subsidy described above covers the amor- tized cost of constructing or rehabilitating units, but in some areas a rental subsidy may not be enough to ensure financing. In that case, several mechanisms for supporting financing are possible: . FHA could insure financing for construction or rehabili- tation. . HUD could enter into a long-term contract with the pro- vider to guarantee the subsidy, thus a financing agency would feel more confident in providing capital. . Localities could use HUD funding ITom CDBO, HOME, or another program to help finance construction. . The value of the subsidy could be increased in areas where construction financing is problematic. An alternative to providing a single subsidy to cover all of the costs would be to provide separate financing for construction/ acquisition and operating expenses. The cost of producing a unit is between $50,000 and $100,000 depending on whether you acquire and rehabilitate an existing unit or construct a new one.27 Funding the construction of 150,000 would require about $11.4 billion,28 but the subsidy per unit would be re- duced significantly. Any funding for construction could po- tentially be matched with funds ITom a variety of sources in- cluding private donations and State and local funding. Supportive Services The supportive services, which are crucial for properly serv- ing this population, can be funded through traditional revenue streams for mental health, medical care, substance abuse treatment, education, and vocational rehabilitation and job training. Preferable would be an independent funding stream to support the cost of services in supportive housing, includ- ing case management. The cost of services will vary greatly depending on the geographic area and the individual needs of each resident. Current estimates ITom providers range from $3,000/year/person to $8,000/year/person for services. While the total cost of supportive housing appears high, it must be considered in conjunction with the fact that homeless services would be freed up for other homeless individuals and families, and there would be significant cost savings resulting ITom bet- ter service delivery and stability in housing. 12 BuDdlDg the Infrastructu A primary reason that widt:-scale homelessness did not exist twenty-five years ago is that the infrastructure of housing, income and services that supports poor people has changed. Remedies to homelessness must take place within the context of re-building this infrastruc- ture. Although we can stop people who lose their hous- ing from spending lengthy periods of time homeless, ultimately we will not be able to stop people from hav- ing housing emergencies until we address their housing, income and service needs. Housing Most poor people rent housing, and a great many poor renter households are at an extremely high risk of home- lessness. This is because so many of them, 12.3 million individuals or 5.4 million families,29 have a housing af- fordability crisis. They pay more than half of their in- come for rent, and therefore have no buffer to deal with unforeseen expenses such as car breakdowns, the need to leave a job to care for a sick child, or school costs. Should such economic crises arise, they are vulnerable to losing their housing and becoming homeless. Part of this problem is income-related, but there is also an extreme and growing shortage of affordable housing units in the country. In 1995, the number oflow-income renters exceeded the number oflow-cost units by 4.4 million.3D This problem is getting worse. While the number of households needing housing support has in- creased, the number of units affordable to them has de- creased. 370,000 unsubsidized units affordable to ex- tremely low income renters were lost between 1991 and 1997.31 Federal housing subsidy can help address the problem, but here again supply does not keep up with demand. The number of units receiving direct federal subsidies has dropped by 65,000 in the past four years.32 Even where housing subsidy is available, it does not al- ways solve housing problems. According to HUD, 1.3 million households that receive some sort of housing assistance still have a severe rent burden.33 In short, housing is a serious problem for lower income Americans including those who work. Yet stable hous- ing is essential to achieve national goals of improved education, safety, health care and employment. There are existing housing programs to address these issues, but they are not adequate. Of those people who are eli- gible for housing assistance (based on income or status), as many do NOT receive assistance as DO receive it, because of inadequate funding. People become homeless because of the lack of afford- able housing. The supply of housing that is affordable and available to low income people should be increased. In addition, subsidies that allow people to achieve sta- bility in decent housing should be regarded as good in- vestments in a productive society. Income Work does not pay for housing. According to the Na- tional Low Income Housing Coalition, there is no com- munity in the nation in which a person working at mini- mum wage can afford (using the federal standard of af- fordability) to rent a one-bedroom unit. Averaging across the nation, a full-time worker would have to make $11.08 per hour (215% of the minimum wage) in order to afford a two-bedroom rental unit. Alterna- tively, a person could work at minimum wage for an av- erage of 86 hours per week.34 For the poorest Americans, reduced incomes are part of a long-term trend. Wages for the lowest-paid workers have gone down substantially in real terms over the past 20 years. The wage for a worker at the tenth percentile (i.e. with wages that were higher than ten percent of workers, and lower than 90 percent) was $6.52 per hour (in 1998 dollars) in 1979. By 1998 it had declined to $5.84, up from a low of$5.37 in 1996. This drop mir- rors a drop in the purchasing power of the minimum wage, which declined from $6.29 in 1979 (1997 dollars) to $5.15 in 1997, where it has remained.35 The decline in real wages has gone along with an even greater deterioration in the availability and purchasing power of public benefits for the poorest and most af- flicted people. In 1995, Congress amended the Supple- mental Security Income program so that drug and alco- hol addiction could not be considered grounds for dis- ability. As a result, approximately 140,000 people, whose addictions and other disabilities were so severe that they made it impossible to work, lost benefits im- mediately. From the mid-1980s through the mid-1990s, many states eliminated programs of "General Assis- tance" or "General Relief," that provided minimal bene- fits to unemployed people who were not eligible for any 13 Building the Infrastructure other benefit program. Then, in 1996, Congress passed the Personal Responsibility and Work Opportunity Rec- onciliation Act, which affected food stamp allocations for many people, eliminated SSI eligibility for some children, and turned the administration of welfare pro- grams for families over to the states, through the Tem- porary Assistance for Needy Families program. While there has been much controversy about the over- all impact of welfare reform, one fact that all concerned seem to agree on is that incomes of the very poorest families have gone down. Despite a superbly healthy economy, for example, the income of the poorest 20% offemale headed families with children (six million people) fell $580 per family between 1995 and 1997.36 The erosion of income was caused largely by sharp re- ductions in government cash and food assistance for poor families. The rising tide of the strong economy is indeed lifting boats. However, poor people are experiencing far less benefit than those of higher incomes. Most im- portantly, any benefit th(~y may experience is not adequate to meet the increasing cost of housing. We must continue to support efforts to create wage and benefits that allow households to pay for basic ex- penses, including housing, food and health care. Services People often need services, and low-income people must turn to public systems to secure the services they need. Some need services in order to work and earn the money to pay rent. Others need services, regardless of their in- come, in order to meet their basic responsibilities as a tenant and remain in housing. Mental health treatment is essential so that people with mental illness can earn money and pay rent, and for those with the most severe illnesses, so they can meet other responsibilities as tenants. A great deal of current chronic homelessness can be traced to the lack of a sys- tem of community treatment, linked with housing, to replace the system of state hospitals that have been closed in large numbers in recent decades. The National Association of State Mental Health Program Directors estimated that 57,000 people were cared for in state psy- chiatric hospitals in 1997, down 37% from that number in 1990. This decline is part of a long-term trend that began in the 1950s. Community-based mental health treatment has not kept up with this decline. The substance abuse treatment system is facing a severe treatment gap. The National Association of State Alco- hol and Drug Abuse Directors indicates that 50% of those who need treatment receive it.37 Waiting times for treatment at publicly-funded clinics preclude effective help for those without stable housing. Child care is another important service. As welfare be- comes less relevant to low-income communities, single parents must work in order to stay housed. Public child care is especially important for those at risk of home- lessness - homeless parents are less likely to have func- tioning networks of social supports, such as family members or friends who could care for their children, than are poor parents in general. Nationally, however, only one out of ten children who is eligible for child care assistance under federal law receives any help.38 Everyone uses services. Those with the lowest incomes rely on public systems to supply medical care, job train- ing, education, mental health treatment, child care, sub- stance abuse treatment, transportation and many other services. Those systems are almost uniformly overbur- dened, and in many cases are not keeping up with new demands. These public systems require realistic funding and good policies to address new challenges. 14 n" I I EndDotes 1 Housing and Homelessness, National Alliance to End Homeless, 1987. Homelessness: Programs and the People They Serve. Findings of the National Survey of Home]ess Assistance Providers and Clients. Highlights. Interagency Council on the Home- less, December, 1999 2 Homeless Programs and the People They Serve, 1999. 3 Burt, M., America's Homeless 11. 4 Ellen Bassuk, MD, L.F. Weinreb., MD, J.e. Buckem, PhD, A. Browne, PhD, Amy Salomon, PhD, S. Bassuk. "The Character- istics and Needs of Sheltered Homeless and Low-Income Housed Mothers." The Journal of the American Medical Association, August 28, 1996, Y 01. 276, pp. 640-646. 5 Rog, D.1. and Gutman, M., The Homeless Families Program: A Summary of Key Findings. In S. L. Isaacs & J.R. Knickman (eds) To Improve Health and Health Care: The Robert Wood Johnson Foundation Anthology. San Francisco: Jossey-Bass Publishers, 1997. 6 Homelessness: Programs and People They Serve. 7 Culhane, et aI, 1999. 8 Homelessness: Programs and People They Serve. 9 Ringwalt, C.L., Green, 1.M., Robertson, M. & McPheeters, M. The Prevalence of Homelessness Among Adolescents in the United States. American Journal of Public Health, 1998. In Demographics and Geography: Estimating Need, Martha R. Burt, Ph.D., Practical Lessons: The 1998 National Symposium on Homelessness Research, U.S. Department of Housing and Urban Development, U.S. Department of Health and Human Services, August 1999. 10 Sherwood, Kay E. Connecticut Supportive Housing Demonstration Prgram: Prgram Evaluation Report. University of Pennsyl- vania Health Systems. Philadelphia, PA, 1999. 11 Salit S.A., Kuhn E.M., Hartz A.J., Yu 1.M., Mosso A.L. Hospitalization costs associated with homelessness in New York City. New England Journal of Medicine 1998; 338: 1734-1740. 12 Martell J.Y., Seitz R.S., Harada J.K., Kobayashi J., Sasaki Y.K., Wong C. Hospitalization in an urban homeless population: the Honolulu Urban Homeless Project. Annals of Internal Medicine 1992; 116:299-303. 13 Rosenheck, R., Bassuk, E., Salomon, A., Special Populations of Homeless Americans, Practical Lessons: The 1998 National Symposium on Homelessness Research, US Department of Housing and Urban Development, US Department of Health and Human Services, August, 1999. 14 From the website of the National Law Center on Homelessness and Poverty, May 8, 2000. 15 Diamond, Pamela and Steven B. Schneed, Lives in the Shadows: Some of the Costs and Consequences of a "Non-System" of Care. Hogg Foundation for Mental Health, University of Texas, Austin, TX, 1991. 16 Slevin, Peter, Life After Prison: Lack of Services Has High Price. The Washington Post, April 24, 2000. 17 Office of Policy Development and Research, U.S. Department of Housing and Urban Development, Evaluation of the Emer- gency Shelter Grants Program. Volume I: Findings September 1994. p 91. 18 Rafferty, Yvonne The Legal Rights and Educational Problems of Homeless Children and Youth pp 42-45. As reported on the website of the National Law Center on Homelessness and Poverty, May 8, 2000. 19 Homelessness: Coordination and Evaluation of Programs Are Essential. Report to Congressional Committees, United States General Accounting Office, February, 1999. . 20 Culhane, D.P., Metraux, S. and Wachter, S.M., Homelessness and the Provision of Public Shelter in New York City. In M. 21 Schill (ed.). Housing in New York City, SUNY Press, ]999. 22 Extrapolated trom Homelessness: Programs and the People They Serve. Findings of the National Survey of Homeless Assis- tance Providers and Clients. Highlights. Interagency Council on the Home]ess, December, 1999. and America's Homeless 11: Populations and Services. February 1,2000. Urban Institute, Washington, De. Paper by Dr. Martha Burt. The latter is an analysis of the data in the former. 23 Burt (2000) estimates between 2.2 and 3.5 million people homeless over the course of a year. We use the midpoint. 24 Culhane et aI, 1999. 25 Culhane et aI, 1999. 26 These units are, on the whole, subject to refunding every 3, 5 or 10 years, depending on the program. Because of the extraordi- nary process required to renew these units, relative to how most housing subsidy is renewed, units may be lost. 27 This figure is based on the convergence of several estimates. The average cost of a HUD funded SRO unit is approximately $6,000. The average cost of other tenant and project based housing that HUD subsidizes is $7,000 to $10,000. The operating cost of public housing managed is approximately $4,500, and the amortized cost of construction (principal and interest) for an average rental unit is approximately $4,500 for a total of $9,000. 28 This assumes that 50% of units would be newly constructed at $100,000 per unit, 25% of units would be acquired and rehabili- tated at $55,000 per unit, and 25% of units would be acquired at $50,000 per unit. 15 Endnotes 29 "Rental Housing Assistancf: - The Worsening Crisis: A Report to Congress on Worst Case Housing Needs." U.S. Department of Housing and Urban Development, Office of Policy Development and Research, March 2000. 30 In Search of Shelter: The Growing Shortage of Affordable Rental Housing. Center on Budget and Policy Priorities, Washing- ton, DC. June 1998/ 31 Ibid. 32 "The State of the Nation's Housing." Joint Center for Housing Studies of Harvard University, 1999. 33 "Rental Housing Assistance - the Worsening Crisis," op cit. 34Dolbeare, Cushing, "Out of Reach: The Gap Between Housing Costs and Income of Poor People in the United States." Na- tional Low Income Housing Coalition, Washington, DC, September, 1999. 35 All statistics are from analysis by the Economic Policy Institute of Census Bureau Data. Available through the Economic Pol- icy Institute web site at www.epinet.org. 36 "Average Incomes of Very Poor Families Fell During Early Years of Welfare Reform, Study Finds." Press Release, Center on Budget and Policy Prioritif:s, August 22, 1999. The study cited counts food stamps, housing subsidies, Earned Income Tax Credit and other such benefits as income, as well as conventional earnings. 37 Robert Anderson, National Association of State Alcohol and Drug Abuse Directors, Testimony before the Subcommittee on Health and the Environment, Committee on Commerce, U.S. House of Representatives, August, 1999. 38U.S. Department of Health and Human Services, Administration for Children and Families, Access to Child Care for Low- Income Working Families (Washington, D.C.: U.S. DHHS, October 19, 1999). 16 The Missing Piece - Project Homeless Connect Project Homeless Connect (PHC) is grounded in the simple concept that if we reach out to homeless people on the streets and engage them in a kind and respectful manner, with available services, we can make great progress getting them inside and linked to services. The five PHC events since October 2004 have housed or sheltered 383 people, with a third of them in permanent housing, enrolled 276 in drug treatment or mental health programs, and signed up over 500 people for benefits without a dime of taxpayer money. The goal of this initiative has been to link individuals to benefits and help lead them on the pathway to housing and self-sufficiency. "What is happening here is unprecedented - there is nothing else like it in our country. This is the beginning of the end of homelessness" . Philip Mangano Executive Director of the U.S. interagency Council on Homelessnees While there have been a host of governmental strategies and dedicated non-profit agencies committed to finding solutions to homelessness, the one missing piece has been the public's involvement in creative solutions to homelessness. Project Homeless Connect was created as a portal for civic engagement and to revitalize city workers who have dedicated their lives to public and social service. What began with 200 city workers combing a 60-square block area of the Tenderloin, where our major downtown hotels, restaurants, and theater district meet 85% of the city's social service agencies, has grown to 2,833 regular volunteers from all walks of life in an unprecedented effort to "connect" individuals to our system of care. Under Mayor Newsom's leadership, the project has leveraged hundreds of thousands of dollars in pro-bono medical care, legal services, food, transportation, in.kind services, clothing, equipment, etc. For over a generation, homelessness has been the primary concern in the minds of San Franciscans and until now there has never been a portal for citizens to get involved in creative solutions and witness tangible results. The cynics said that San Franciscans were suffering from compassion fatigue on the issue of homelessness. Our experience has been one of "pent up" compassion, with our neighbors eager to participate in real solutions. The program's success has received national recognition as Phillip Mangano, the Executive Director of the United States Interagency on Homelessl']ess, recently declared that "what is happening in San Francisco is unprecedented and that there is nothing else like it in our county." Representatives from 17 cities have traveled to San Francisco to learn from our best practice and implement the program within their municipalities. SAN FRANCISCO -- '~~~~Ii~~f~~ lauds new tack in. America, he $3V$ ~1!~-=o(lhe af~~';:;::. :;:iv~::Ja~_r Alex TOtlrk, o t ill d b / . 1 / "lbu" _ dOlI HomoJ",""e-J.'- .in N;'" staff for M.yor Ca- } "0 unteers ..idq ~an he held Ilu lIl'IllJ <_. 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Yo/un. ~ ,..c~, -Iry ",,1p1 r.;~fill tl:trougJ; Ihe Tf?ll':~ oo...ng for homd help llIlo >en1 elIl people In Since the. ce; or hOUSJ,,1/. Pr . .. be h., condllCl<<l . . 0IC<1 Con""", e,,,,,, llIollth ....Ih one month her ' and !ram' fill a pJann/J'll ... lllg """"n and !he nexl ""Ifill an a<1'ultJ gathering "<>lUll"""" help rhe hnmeb.1lere The number 0( ,'o/Unl..... III llClUty doul>l<<l ...,..,. · Friday', t'Vt'nt Ix"llt'fit"ed ~ ~ people J<.Ilrung . ..."" ''-'' TOUche "",.~ trom Deloille & Conne.:i ",v, Il:1llde Proiect the &y Area focus ollhe Zi"""Dy', .wnnaJ ""llom.idq Sar;;:.cl Day" voIun~ eBort. Vl:Y\ro Y. ,~ r.rdlo $IlIlion !h;~ 'hen we )00><'<1 .1 all lhe .~"" "'" could do' he Area 10.1 woo.ld 0.,,, :, I. &y h~les,n... was No. I :pact, IU1, ...jd lad R. . Del' !he TOUCh... regional ::-. . OIlte Ilr ner."And 'Ib magmll ""n. In ." lh.. e.mt " . ow ..... could really to;. . e -.., I...." today." ll;!e Tourk ""d thaI 8ll'C1! th flnumg SUC'('t'U oJ he e COn... mal'Of and I t ovenl. "tbe a- att'/lOlflgl08t'"!\'f",\ """="" now I""",.d . )>1lvate r_urca BIIS! 8ctt1ns .nthwpk ~. n..., pllll. '- ~ -.".nll3llOl'tJ _ "" ~"'" lo.t there lft -'-..~~ . lhere we C1tll -.....""" out the hottuol tnc flJl .houJinll for focus, and ~ 'Nhi~ IS otl1 "'a.m ......-....... ,. If' ROl1lg to 110 /llh""f' CITY OF ASHLAND Council Communication Presentation DEQ Meeting Date: September 19,2006 Department: Administratio~ Contributing Departments: Approval: Martha Benne Estimated Time 10 minutes Primary Staff Contact: Ann Seltzer .Q:1 ann@ashland.or.us Secondary Staff Contact: Statement: The Environmental Protection Agency (EP A) has proposed new federal air quality heath standards for fine particulate matter (PM2.S) and inhalable coarse particle matter (PMIO-2.S). John Becker from the Department of Environmental Quality (DEQ) will address these proposed changes Council Options: No action required. Staff Recommendation: No action required. Attachments: · Information provided by DEQ 1 Revised PM Standard Q&A EP A Fine Particulate Proposal The Environmental Protection Agency (EP A) has proposed new federal air quality health standards for fine particulate matter (PM1.5) and inhalable coarse particle matter (PMIO- 15). EPA has proposed keeping the current annual PM1.5 standard the same (at 15 ug/m\ but lower the daily (24-hr average) standard from the current 65 ug/m3 to 35 ug/m3. Overall, Oregon has had a long and successful history of meeting the challenge to reduce air pollutants. Under the proposed standards, most of Oregon will remain in compliance, however some areas like Klamath Falls and Medford may have trouble meeting a lower PM1.5 standard. We will need to wait for EP A's final action before knowing what areas in Oregon are potential new nonattainment areas. Oregon will likely have a number of areas on the borderline of a new PM1.5 health standard, so 2006 will be a time to engage with these communities on pollution prevention. Oregon Department of Environmental Quality (DEQ) staff ar.e tracking this proposal and will work with other western states to evaluate and respond to EP A's proposed revision. Some Q&A Why has EP A adopted new standards? The Clean Air Act requires EP A to review and revise air quality standards at least once every five years to ensure that they protect the public from air pollution. The Clean Air Scientific Advisory Committee (CASAC) has reviewed hundreds ofthe most recent medical studies and believes that current standards should be strengthened to better protect the public from short-term fine particle exposures. EP A is required, under consent decree, to complete its review of the PM standard. EP A must propose a revised PM rule by December 20, 2005 and finalize it by September 27, 2006. What is PM (particulate matter) and how does it affect me? Particulate matter comes mostly from smoke from fuel combustion (large and small engines, home heating, construction equipment, etc.), some industrial processes, motor vehicle and truck exhaust, and wind-blown dust. PMIO refers to particulate matter 10 microns in diameter and smaller, whereas PM1.5 refers to particulate matter 2.5 microns in diameter and smaller. (The average strand of human hair is 70 microns in diameter.) Health studies over the past decade show that there are harmful effects from breathing PMIO particles and additional harmful effects from breathing particles measuring less than 2.5 microns in diameter (PM1.5). This size fraction is inhaled deep into the lungs and can lodge there for weeks and months, aggravating asthma, heart disease, and other circulatory and respiratory conditions. 2/15/06 1 What are the revised standards? EP A has proposed new standards that address primary health standards as well as secondary welfare standards. Primary Health Standards EPA has proposed to lower the daily (24-hour average) PM25 standard about 46%, from 65 ug/m3 to of 35 micrograms per cubic meter (ug/m3) and to retain the current annual average standard of 15 micrograms per cubic meter. EP A has also proposed to eliminate the current PM 10 standards and replace them with a new standard that focuses on the coarse particles that are between PM 10 and PM2.5. This new standard is known as PMcoarse or PMIO.2.5. The PMIO-2.5 standard will have a 24-hour average concentration of 70 micrograms per cubic meter. EP A proposes to limit this standard to "urban" areas only, specifically where PMIO-25 comes from high-density traffic on paved roads, industrial sources, and construction activities. PMIO-2.5 from rural windblown dust and soils and agricultural and mining sources would be excluded. EP A is not proposing an annual standard for PMIO-25, due to a lack of scientific evidence showing significant public health risks associated with long-term exposure to coarse particles. Secondary Welfare Standards In addition to the proposed primary standards, EP A has also proposed secondary standards to protect the public welfare such as crops, vegetation, wildlife, buildings and national monuments and visibility. However, for both PM2.5 and PMIO-2.5, these levels are identical to the primary standards. What Oregon communities might be affected by the new standards? Most of Oregon should meet the new standards, however, some communities may have trouble and be classified as nonattainment based on the proposal. Because there is still a public process that EP A has to go through before finalizing the rules, the proposed standard could change. Therefore, DEQ cannot say with certainty which specific communities will be in nonattainment. Areas that have had problems in the past include Klamath Falls, Medford, Eugene/Springfield, and Oakridge, and these areas are again at risk of non attainment under EPA's proposal. Attainment determinations will depend on EP A's final standards and the years they choose for monitoring. At this time, it appears that EP A is planning on using ~004-2006 for PM25. 2/15/06 2 What does this mean for Oregon? Over the past twenty years, Oregon has invested in strategies to reduce particulate matter. These strategies have significantly reduced both PM10 and PM2.5. Ifwe have areas that are in nonattainment, we will likely need to further reduce sources of smoke and dust, such as open burning, transportation, industrial sources and woodstoves. According to EP A's PM2.5 implementation timetable, Oregon will use monitoring data from 2004-2006 to make initial PM2.5 nonattainment area recommendations to EP A. Following any new PM2.5 designations, Oregon will develop plans to reduce the emissions of fine particles and any new non attainment areas will have until 2015 to meet the new PM25 standard. The new PM10-2.5 standard represents a new approach for particulate measurement and regulation, and EP A must start with fundamentals such as developing a standardized monitoring approach. For PMIO-2.5, EP A has proposed a new federal reference method to measure it. Once that monitoring method is finalized and in place, Oregon will have to collect three years of monitoring data, currently expected in the 2009-2011 timeframe. Any nonattainment areas designated under the PM10-2.5 standard will need to come into compliance by 2018. What will happen to the PM10 standard? EP A is proposing to revoke the current daily (24-hour average) except in specified areas, none of which are in Oregon. EP A recently published an advance notice of proposed rulemaking addressing implementation of the revised PM NAAQS (National Ambient Air Quality Standards). One important section of this proposal will address the transition from PMIO to the new PMIO-2.5 standards, including important anti-backsliding issues affecting existing PMIO strategies. Is the EP A accepting comments? Yes. Comments from the public will be accepted by EP A until April 17, 2006. Where can I get more information about the proposal? Visit EPA's website at: http://www.epa.!!:ov!oar!particlepol1ution!actions.html For questions within Oregon, you may contact Rachel Sakata at 1-503-229-5659, or at 1- 800-452-4011, or at: http://www.SAKATA.rachel@deq.state.or.us Next Steps States will know EPA's final decision on the new standards in late 2006. EPA will then expect initial attainment and nonattainment area designations in 2007. If Oregon does have new PM2.5 nonattainment areas, DEQ will need to conduct the technical analysis and research work needed to understand the contribution of key emission sources and other 2/15/06 3 factors driving PMZ.5 nonattainment. This fundamental research will provide the foundation on which to build an effective and equitable attainment strategy. In 2006, DEQ will be developing its budget for the next biennium, and will seek the resources needed for answering fundamental science and technical questions about PMZ5 as well as for working with communities on strategy development. In the meantime, DEQ and communities can start with the basics, such as updating local woodstove and open burning ordinances that are sensitive to the new PMZ.5 standards. DEQ and community partners can also begin to develop the public's understanding of new PMZ5 issues and look for other opportunities for pollution prevention. States and federal budgets for particulate monitoring have been severely reduced. Funding for monitoring will likely be a critical issue that EP A will need to address as they roll out new standards for PMZ.5 and PMIO-Z.5. 2/15/06 4 CITY COUNCIL STUDY SESSION SEPTEMBER 6. 2006 PAGE I of5 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL September 6, 2006 Civic Center Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Morrison called the Study Session to order at 5:15 p.m. in the Civic Center Council Chambers. ROLL CALL Councilors Silbiger, Hartzell, Amarotico, Hardesty, Jackson and Chapman were present. 1. Discussion oeMt. Ashland City Administrator Martha Bennett noted two errors on the Council Communication: 1) the ORS reference should read ORS 192.502(4), and 2) Staff Recommendation #5 should have reflected the fact that the figures need to be adjusted for inflation. Public Works Director Paula Brown presented conceptual ideas for the Quality Assurance/Quality Control (QAlQC) Team. She explained this team has to be the technical advisors and have authority to tell Mt. Ashland Association what needs to be changed during construction. She commented on the issues of erosion and sediment control and stated the team must addresses these issues before and during construction. Ms. Brown clarified the purpose of the QAlQC Team is help move construction activities along in an environmentally appropriate manner so there are no soil and erosion issues from a water quality and quantity standpoint. She stated this team needs to be involved in the planning for construction activities and will help to make assessments and changes as needed. Ms. Brown recommended the City and the Mt. Ashland Association share costs for the technical services of the QAlQC Team. Ms. Brown clarified the project manager for the construction project is different than a QAlQC team. She also commented on the formation of an Advisory Group which would assist the City Council, Mt. Ashland Association, the Forest Service, and the community to provide input. She noted this element was missing from the role of the QAlQC Team. Ms. Brown clarified the Advisory Group would consist of one City staff member (Ms. Brown), a City Council liaison, a Mt. Ashland Association staff or board member, a Forest Service staff member, and one to two community members that have a water quality background and interest. Bill Little of Mt. Ashland Association addressed the Council and introduced project manager Michael Hogan. Mr. Little clarified Mt. Ashland Association has not formally requested that Mr. Hogan be part of the QA/QC Team and clarified Mt. Ashland Association will utilize Mr. Hogan's services throughout this process. Mayor Morrison briefly addressed the audience and explained the meeting process that will be utilized. Mr. Hogan addressed the Council and delivered a slide show presentation which covered: · Models/contexts for restoration and erosion. · Three categories of function: hydrologic, nutrient cycling, and energy capture. · Elements of repeatable success: process, practice, monitor, and feedback. . Implementation testing and assumptions. . Infiltration data and sediment yield. · Variables for site stability. . Success criteria. CITY COUNCIL STUDY SESSION SEPTEMBER 6. 2006 PAGE 4 of5 Cost Estimate for Removal and Restoration Ms. Brown stated the adjusted cost for restoration is $400,000-$500,000 and explained how she obtained this figure and determined the definition of "restoration". She noted the reclamation costs would go well beyond this figure and clarified any change in the definition of restoration would have to come from the Forest Service. Ms. Brown stated that City staff is not qualified to verify the value of the liquid assets on the mountain and the City would need to hire someone to perform this appraisal. She added cost for this service would be approximately $10,000. Ms. Brown clarified the difference between reclamation and restoration and stated reclamation is putting the land back as if there was never any ski area. Ms. Bennett questioned whether Council wanted staff to pursue the liquid asset appraisal. She clarified if the value of the assets are less than the $294,000 figure, staff require Mt. Ashland Association to securing the balance. If the assets are greater than 10% of $294,000, the City would be responsible for paying for the appraisal. Mr. Little questioned if Mt. Ashland Association should submit a summary of their assets from their accountant as a preliminary document. Administrative Services & Finance Lee Tuneberg Finance Director explained Mt. Ashland Association could submit a listing of assets, however the City is interested in liquidation value. He explained the provision for obtaining the appraisal, which is outlined in the lease agreement, and recommended the City hire an appraiser who is familiar with the ski industry. Council reached consensus to have staff move forward with the liquid assets appraisal. Councilor Hartzell/eft the meeting at 7:40 p.m. Paul Copeland/462 Jennifer Street/Disagreed with the statement made that cutting timber would not cause disturbance. Mr. Copeland stated in order to have usable ski runs there will be need to be some blasting after the timber falling is complete. He stated Mt. Ashland Association has grossly minimized what the ground disturbance will be and noted local experts have indicated the timber would never grow back due to the type of soil and because it is an alpine area. Bryan HoUey/324 Liberty Street/Stated the City is being "zoomed" by Mt. Ashland Association. He voiced his objections to the reasons Mt. Ashland Association gave for not releasing their business plan and stated if they won't provide this information, this City should pull their permit. Ms. Holley stated 100% of the community needs good quality drinking water, however only a small portion skis. He stated most of the people in town are opposed to the expansion and stated they are being held hostage by a small minority. He questioned who Mr. Little was referring to by "stakeholders" and stated former mayor Alan DeBoer should have recused himself from the previous decisions that were made. Chris Uhtoff/78 Fourth Street/Stated he is a skier who loves skiing at Mt. Ashland and does not feel Mt. Ashland Association is representing the skiing community very well. He stated they have double the price of ski passes and it is now one of the most unaffordable ski areas on the west coast. Mr. Uhtoff stated Mt. Ashland has the greatest potential by being a small, affordable ski area that services the community and claimed the Association does not want to share their business plan because they do not want the City to know how much they spend on administration. Mat Marr/31 Union Street/Commented on Ms. Thorndyke's statement that they need to talk about climate change and stated he completely agrees. Mr. Marr submitted a study done by Oregon State CITY COUNCIL STUDY SESSION SEPTEMBER 6. 2006 PAGE 5 of5 University titled "Mapping At-Risk Snow in the Pacific Northwest" into the public record. He stated the ski industry in the northwest is doomed and within the next 35 years the number of warm snow winters at Mt. Ashland will increase from 7% to 42%. He stated these types of winters are what forced the previous . ski area out of business and commented on the City's need for water. Mr. Marr requested the City not give their written consent until Mt. Ashland Association has met the terms of the agreement and stated the trees on the expansion site are second generation spruce trees and will not be the first trees to sprout when the site begins to re-grow. Nick Frost/224 Third Street/ Voiced his distress by the Council's unwillingness to acknowledge that they are in a bind. He stated the City is liable if the plan fails, and stated they are unable to make an informed decision without the Association's business plan. Mr. Frost commented on the combative attitude being displayed and requested Mt. Ashland Association cooperate with the Council and work to find a solution that will bring unity to Ashland. Eric Navickas/363 Yz Iowa Street/Stated the majority of this community is clearly opposed to this development proposal. He noted the City's Comprehensive Plan clearly states the City should oppose developments in the municipal watershed or any project that would have adverse affects on the watershed. Mr. Navickas noted he hiked the expansion area today and ran into Mr. Hogan and his crew who were performing a rain water study. They told him they were seeing a lot of sediment coming off of areas that had been impacted by the current development. He stated this is work that should have been done ten years ago and commented on the poor condition of this area. As one of the litigants in the current court case, Mr. Navickas stated there is no way they the financial plan could be used in court against Mt. Ashland Association. Linda Richards/245 East Nevada Street/Commented on her work with one of the previous appeals and the Forest Service's response. She stated there have been extensive predictions made on what will happen with climate change and stated recreation needs must be challenged in order to protect the City's water. She asked the Council to think of the future and how much our children will need that watershed. Jim Steitz/357 Vista Street #5/Stated the ski resort operators have a very acute skill for picking very bad places to expand. He stated they claim to be good stewards, but have picked some very vulnerable and rich areas to go into. Mr. Steitz stated the Association is suppose to be operating this resort for the public, but are doing things that are not in the City's best interest, like withholding information. He stated they are not suppose to be working on their own behalf, and believes the "stakeholders" they refer to are the members of the board. Councilors Silbiger and Amarotico left the meeting at 8:05 p.m. Tom Dimitre/901 Beach Street/Asked the Council to make sure Mt. Ashland Association complies with agreement and ensure they have raised the adequate amount of money before they are allowed to proceed with the expansion. As a taxpayer of the City of Ashland, he requested the Council protect the citizens from this liability. Tom Rose/430 Wiley Street/Statement detailing how MAA has failed to meet the goals of Resolution 2005-35 was read into the public record. ADJOURNMENT Meeting adjourned at 8: 11 p.rn. Respectfully submitted, Barbara Christensen, City Recorder ASHLAND AIRPORT COMMISSION JULY 18, 2006 MINUTES MEMBERS PRESENT: PAUL WESTERMAN, BOB SKINNER, BILL SKILLMAN, LINCOLN ZEVE, GOA LOBAUGH, TOM BRADLEY, CLAUDIA STOCKWELL STAFF: DAWN LAMB, MIKE FRANELL MEMBERS ABSENT: ALAN DEBOER, RICHARD HENDRICKSON, RUSS SILBIGER Visitors: 1. CALL TO ORDER: 9:30 AM 2. APPROVAL OF MINUTES: June minutes approved as written. 3. Public Forum: Sky Research Discussion on Railroad Tie Solution Staff at Sky Research came to discuss options to affixing the railroad ties to the pavement. The small parking area and the increasing number of people using the parking lot have made it even more difficult to turn around in a large vehicle. Sky would like to install something that could be removed if need be to accommodate large semi-trucks. John Steinbergs asked if painting a sign on the pavement stating no vehicles with stop signs. Lamb felt that if the physical barrier of the railroad ties was not stopping vehicles, that a painted message would be quickly ignored. The stop signs would be complicated because of the height restrictions so close to the taxiway. Sky asked if a gate would be an option and the commission felt it would as long as it met height restrictions and had controlled keys. The keys would be kept with Skinner and Sky personnel to ensure that the gate stayed locked. Skinner typically has staff in the office on the weekends, and on the weekends there would not be the large amount of vehicles in the parking lot making the maneuvering easier. The road was built by Sky to encourage drivers to not use the taxiway due to the chance of vehicle and aircraft conflict. The two exits from the road that connect to the taxiway are now blocked by the railroad ties, but the ties get moved around and have been seen on the taxiway. While the permanent affixing of the ties to the pavement is cost efficient and easily completed, Sky would like to look at other options. Reflectors could be added to the ties to make them more visible. Ties may not be the best option for emergency vehicles either. The airport continues to grow and we will continue to have growing pains. The commission goal is to keep the incursion between aircraft and vehicles to a minimum. The problem is not always the employees, it has been a problem with delivery vehicles and garbage trucks. The constant turnover of personnel at the delivery companies makes it difficult to keep them from moving the ties and driving on the taxiway. Sky felt that the commission was not being supportive of their company at the airport. Zeve insisted that this was not the case and this problem was not only Sky's responsibility. It is great to see Sky representatives at the meeting and to hear what the future holds for the company. Lamb reiterated that the liability of an accident being caused by the railroad ties ending up on the taxiway would be wide spread. There needs to be a solution that keeps both parties from being liable. Continually checking to see if the railroad ties are in place is becoming an issue. Whatever method is used,to it needs to be a shared responsibility between Skinner, Sky and the City. Skillman said he was appreciative of Sky Research at the airport. They bring great opportunity to the airport and the community. Lamb asked for a representative from Sky to be at each airport commission meeting if it was possible. They are a vital piece of our airport and need to be involved and informed on what is happening. Options were further discussed. The idea of removable gates that would be put out after hours and on weekends was brought up. Lamb felt it was inappropriate to have the Sky Research employees have that responsibility. The solution should be something that requires the least amount of attention. If there is a C:\DOCUME-1\shipletd\LOCALS-1\Temp\July 182006 AC.doc 1 gate it should have a swing shut automatically. Safety is our primary goal. What can we do to make the situation as safe as possible. Skinner liked the idea of poles and chains with signage. A key would be issued to Skinner and Sky. There will be four poles and two chains with two locks. Sky will research the poles and bring it back to staff for a discussion on the design and the location. This will be adjacent to the Sky hangar property and we need to be sure not to install them in an area that will cause detriment to Sky. The parking lot also needs to be monitored to keep cars back far enough from the taxiway in the front. Sky and Skinner have been asking for people to park back further to be sure that wing clearance is adequate. Decision: Lobaugh moved to support installing poles and chains. Sky will design the two chain gates with concrete fixtures for removable bollards and bring it back to the commission next month. Seconded by Skillman and passed unanimously. Airport Flight Patterns: Sky brought a suggestion that the commission look at encouraging a flyover pattern that kept planes over the 1-5 corridor. This would help keep the noise levels away from the downtown area and residential areas. Commission felt that developing a directional pattern to encourage pilots to cause as little disturbance to town as possible. The Bend Airport has an encouraged pattern in a brochure. 4. OLD BUSINESS: A. ALP Master Plan Council Adoption The ALP presentation will only entail the adoption of the Master Plan. Lamb will make the presentation tonight to council. B. Burl Brim Hilltop Helipad Development Mike Franell, City Attorney, met with the commission to help go over options for the Burl Brim Helipad lease. The airport will not have the funds to extend the utilities to the Helipad for three to four years. Staff sent a letter asking if Brim would be willing to work on a lease where the City paid for the installation through lease deductions. Franell offered the suggestion to offer Brim a pay back option as further development happens, a construction incentive. Skinner felt that would be an option, but the build out happens so slowly. Is there a possibility of putting a cap on the time before he can be paid back? . The layout in the master plan could be followed or a linear foot cost to reimburse. Franell felt that the lease could have a contingency clause that if the costs are not recouped in ten years a lease deduction can be started. Zeve suggested making the terms no more than five years until the reimbursement would be initiated. Skinner commented that if infrastructure was in then it is an advantage to the city and would help to initiate more construction for the City. There is the potential for another six private hangars in the next ten years if the infrastructure is in. Lobaugh asked about the Bureau of Labor and Industries condition. Why will this be a lesser expense for Brim then the City managing the project. The City will have to pay what is referred to as prevailing wage rates which if Brim was to do the installation, it would not be applicable. Brim's costs could be as much as 35-40% less. Franell discussed what the reasonable rate of return would be for Brim if the return for construction was used. The costs would be recaptured on a dollar amount per unit to utilize his infrastructure. There needs to be an allocation of what his benefit would be. Skinner felt that for the 10 or 5 year period for the cost entitlement seemed reasonable, but after that time the lease reduction would begin. Bradley suggested starting with the ten year term and negotiating from there. Zeve asked if doing the payout from the beginning would be worth it if we did pay the BOLl wages. This is an option and could be used to ensure that it is done without question. If the pipe is supplied by the City it may need to be prevailing wage regardless of who does the work. C:\DOCUME-1\shipletd\LOCALS-1\Temp\July 182006 AC.doc 2 The commission decided to create a subcommittee to discuss the options with Brim; Lobaugh, Bradley, Zeve and Franell. C. Strategic Planning Action Items: Web Cam - Lobaugh is still working on the time stamp. The site has had 400 visitors so far. That is a good traffic representation. Rates & Fees Policy Subcommittee- Lamb asked commissioners to look at the enclosed Rates and Fees policies and brainstorm what our airport could benefit from. Lamb would like to work with a subcommittee to work on adopting a rates and fees policy for the Ashland airport. 4. NEW BUSINESS: A. Maintenance Updates Hangar Repairs: The unoccupied hangar work continues. L TM completed the floor repairs and replaced the asphalt. The cost was $4,500. The tracks for the door have been ordered and are going to be installed by Industrial Door. The final piece will be the replacement of water damaged dry wall in the hangar. The FBO office building and the fuel shed will be painted in the next month. 5. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport. Financial Report. Review of Safety Reports Skinner is planning on doing some furniture replacement and office rearrangement and would like to know if the City could replace the carpet and do some painting at the same time. The carpet is over a dozen years old and has been through a few pavement projects that have tracked oil and sluITy into the office. The carpet gets cleaned twice a year, but it is beginning to wear. The restroom walls could be painted or have a plastic finish put on that would help prevent the wall staining. Commissioners asked if there are other floor treatments that might be more suitable and less costly to maintain. Green hangar needs the rails installed for the doors and some drywall work but will then be complete. 6. OTHER: 99s Fly In - The 99s are holding a conference for a joint meeting of the northwest and southwest chapter. They are expecting fifty or more pilots and have asked for the tie down fees to be waived. Skinner is already offering a 10 cent a gallon discount in fuel. The commission discussed doing a discount instead of waiving the entire fee. Westerman moved to waive the fee and Lobaugh seconded the motion. Two in favor two opposed, motion failed. Bradley moved to do a reduction in the tie down fee to $9.99 per aircraft for the three day weekend, Lobaugh seconded the motion. Passed unanimously. Staff will notify the 99s and Skinner staff. 7. NEXT MEETING DATE: August 1, 2006, 9:30 AM ADJOURN: Meeting adjourned at 11:30 AM C:\DOCUME-1\shipletd\LOCALS-1\Temp\July 182006 AC.doc 3 AS MEMBERS PRESENT: RIC ar rock (Chair), Anthony Kerwin, Jim Lewis, Diane White Members Absent: Dan Maymar, Joseph Vaile Staff Present: Marty Main, Keith Woodley, Nancy Slocum Non-Voting Members Present: I. CALL TO ORDER: Chair Brock called the meeting to order at 5 :30 PM in the Siskiyou Room. II. APPROVAL OF MINUTES: Kerwin/Lewis m/s to approve the minutes of June 13th with two minor amendments. Motion passed unanimously. III. PUBLIC FORUM: None IV. ADJUSTMENTS TO THE AGENDA: None. V. OLD BUSINESS A. AFRCA T / AFR Update - Woodley reported that the AFRCA T is waiting to finalize the community alternative until the Northern Spotted Owl habitat modeling is completed and further discussed. B. Monitoring Subcommittee Update - The subcommittee consisting of Brock, Vaile and White did not meet last month. Main reported that he had begun the plotting inventory the commission requested. He noted the poison oak had returned and there was a lot of Madrone, Manzanita seedlings and thistle. He was encouraged by the success of the native grass seeds planted in the bum piles. Brock asked Main to write an evaluation of those grass seedlings. Brock wondered about the optimum habitat for woodrats. Main did not see any woodrat nesting areas Kerwin said generally woodrats prefer moist, closed habitat near riparian areas. He would consult with expert Steve Cross and report back to the commission Brock said he was too busy to have an August subcommittee meeting; however, he was open to an email discussion. C. Review Winburn Inventory Data and Prescriptions - Last meeting the discussion ended at Unit I, dry forest openings. Main thought the size of the stated openings in the draft prescription was appropriate in our "old growth" forest given the goal of providing openings for pine regeneration and encouraging diversity of species. He noted that the City may have to plant rust resistant sugar pine. Kerwin would like to see the openings on the ground during a field trip. Brock agreed and wondered given existing openings, mistletoe and snag pockets whether there was a need to "create" openings. Main said openings were particularly important in the Winburn Parcel. Unit I currently had a lot of variation of openings in the upper 2/3s. He felt we needed to create openings in the lateral ridgelines. Wildfire management would become most critical in Units I and 4 (Unit I breaks in horizontal continuity though openings, Unit 4 breaks in vertical continuity through openings). The commission decided that openings would be discussed further during a field trip in August or September. Navickas thought an economic analysis with volume to cost graphs was very important. The commission said this topic would be included in the final management document. The commission's approach has been to plan a project first and then work out the financial aspects. C:\DOCUME-I\shipletd\LOCALS-I\Temp\JUL II 06.doc ASHLAND FOREST LANDS COMMISSION MEETING Page 1 of2 Former commissioner Frank Betlejewski had written comments to Main's prescription document before he left the commission. He noted that the basal area was not consistent with the CWPP. Brock said that Winburn was basically a research area and so the CWPP didn't apply to most of it (the lower 2/3). Betlejewski also recommended removing trees with heavy mistletoe infiltration. Brock said there was some advantage to this, however, it is controversial. Units 3 and 6 would need to have the mistletoe left for Northern Spotted Owl habitat. Brock said that overall microsite management was needed. Main said the city, with its limited acreage, could implement that type of strategy. Summary of Unit I: the philosophy as written was acceptable; no major changes. Discussion centered around stand density, dry forest openings, mistletoe and a density mosaic. The commission would like to discuss these items further during an upcoming field trip. Unit 2 prescriptions: White would like to see non commercial thinning around pines if the slope was not prohibitive - even through the northern slope. Commission would like to visit Management Unit "2b" during the field trip. Generally a micro site management approach was also recommended for Unit 2. Unit 3 prescriptions: The commission wanted to include the east side of Ashland Creek that is heavily infected with dwarfmistletoe as part of the upcoming field trip. This unit includes the "historic" Winburn camp. Commission asked Slocum to send the Historic Commission a memo asking for their recommendations for the Winburn camp. D. Continue Discussion on MOU Draft - Tabled. VI. NEW BUSINESS A. Update Commission Glossary - Tabled. B. Noxious Vegetation Inventory and Control Plan - Main reported that he had begun the process of inventorying populations of noxious weeds. He still needed to get the data mapped. Chris Chambers may work on some treatment options and the Parks Department had done some work. Brock want to make sure noxious weed information from the quarry was included. VII. OTHER VIII. ADJOURN: 7:27 PM Richard Brock, Chair Respectfully Submitted, Nancy Slocum, Clerk C:\DOCUME-I\shipletd\LOCALS-I\TempIJUL II 06.doc ASHLAND FOREST LANDS COMMISSION MEETING Page 2 of2 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES July 6, 2006 CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:00 p.m. on July 6, 2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Bryan Holley David Chapman, absent Mary Pritchard Laurie Sager Staff Present Ted Loftus Amy Anderson, Assistant Planner Steve Siewert Anne Rich, Parks Department Carolyn Schwendener, Account Clerk APPROVAL OF MINUTES Page 2 last paragraph Adam will be posting the ballot not ballet on the website. Loftus/Siewert m/s to approve the minutes of June 8, 2006. Voice vote: all AYES, Motion passed. The minutes of June 8, 2006 were approved as corrected. Amy reported that the Hearings Board approved two trees for mitigation instead of the recommended three at 1505 Siskiyou Blvd. PUBLIC FORUM None present PUBLIC HEARINGS PLANNING ACTION 2006-00612 is a request for Site Review approval to construct a mixed-use development comprised of 7,841 square feet of general office space and six residential condominiums for the property located at 160 Helman St. An Administrative Variance to the Site Design and Use Standards is requested to reduce the required landscape strip between the parking area and property line to less than the required five-foot minimum. COMPREHENSIVE PLAN DESIGNATION: Employment ZONING: E-l; ASSESSOR'S MAP #: 39 IE 04 CC; TAX LOT#: 2100. APPLICANT: Siskiyou LLC/James Batzer Site Visits and Ex Parte Contacts - All the Commissioners did a site visit. Amy read the staff report explaining staffs concerns and the conditions of approval. Because of various issues the applicants have requested a continuance to next month. Applicant testimony: Mark Knox, Urban Development Services, and Mike Mindor were present to answer questions. Mr. Knox confirmed the request for a continuance though he still wanted the Commissioners to review the project so they could help with regard to the tree and landscaping efforts. At next months meeting they will address the trees on the property after first getting an arborist report. The Commissioners discussed the size of the planter boxes. Sager commented that sometimes small planters can be a liability on a project. In the heat when the plants are struggling sometimes its better not to have a planter at all. Sager also stated that along the Parkrow on Helman Street there needs to be some parking spaces where the paving comes right up to the street so that people parking can get out. Rich reported that the trees on this site have been poorly maintained only sighting one that was in good condition. The opportunity to plant new ones would allow for larger and better trees. Loftus would like to wait for the arborist report before making any decisions regarding the trees. It was suggested that there might be a possibility of using pervious concrete at this site. Amy asked Mr. Knox to supply a small scale utility plan for the Commissioners to review. PLANNING ACTION 2006-01090 Is a request for an Outline Plan, Final Plan and Site Review approval for a four-lot, eight- unit multi-family residential development for the property located at 41 Garfield St. Two new units are proposed in a separate common-wall structure on two parcels, and the existing six-unit building will be located on a separate parcel. COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential; ZONING: R-3; ASSESSOR'S MAP #: 39 IE 10 BC; TAX LOT#: 3100 & 3101. APPLICANT: John Fields and Habitat for Humanity Site Visits and Ex Parte Contacts - Commissioners Pritchard, Siewert, and Holley did a site visit. Loftus and Rich did not. Sager recused herself because her office is working on this project. Amy read the staff report and reviewed the landscaping plan. The Commissioners commented that they did not see any Cottonwood trees on this site; it seemed to be an empty lot. Amy confirmed there was only one existing tree. Because this is a high traffic area the use of a drought tolerant grass or ground cover was suggested. Acknowledging that the home owner might not have the funds available to take care of the landscaping such as a lawn mower, the Commissioners recognized this might be a burden. Recommendations: 1) That pavers strips or paver blocks connecting the sidewalk to the street be installed for foot traffic through the parkrow. 2) That a plant more tolerant to foot traffic such as a drought tolerant fescue or Potentilla nana be used in the parkrow. 3) That a composite bender board be used in the lawn areas instead of steel bender board. 4) That Tree Protection fencing in accordance with AMC Chapter 18.61.200.B. shall be installed for the Crepe Myrtle adjacent to the right side of the driveway. 5) Tree Commission suggests using a large stature tree such as Linden or Zelkova instead of Raywood Ash. Sager returned to the meeting. DISCUSSION ITEMS Commission Powers and Duties 2.25 - Holley handed out a draft of the Commissions Powers and Duties. The Commissioners agreed to review it over the next month and discuss any changes at the next meeting. Tree planting & pruning specifications - The Commissioners decided that the ISA brochures that are available at the counter are appropriate and at this time they will not make any new ones. The graphic in the City Source is wrong however. Amy will send an email to Diana (who puts the City Source together) and to Adam (who provides the graphic) and let them know the Tree Commission would like to work with them between now and next spring to get a better graphic. Tree Grates - Table until next month. Landscape Professional Ordinance - Amy shared that there is a Committee consisting of John Stromberg, Mike Morris, Kate Jackson, Bill Molnar and John Fields who are starting to implement the ordinance change. They will be doing the housekeeping of Chapter 18 and should take approximately six to twelve months. Mr. Molnar's goal is to set up a joint study session of the Tree Commission and the Planning Commission to discuss the ordinance changes, hopefully in the fall. The resolution that the Commissioners have been working on can still go forward to the City Council it does not need to go to the Planning Commission for their approval. ITEMS FROM COMMISSIONERS Liaison Reports -Rich reported on the mitigation for the Ponderosa Pine. They have two trees available at $120.00 each which will be planted at Riverwalk. Holley recently received a message from Mike Gomez regarding Julian Square. Mr. Gomez has concerns over the screening and Holley asked Amy for an update so he could call Mr. Gomez back with an answer. Amy explained that Mr. Gomez is upset because the original landscaping plan that came in showed 42 trees and the new landscaping plan that came back only has 32 trees on it. Amy stated that 2 happened because of a variety of reasons one of which is that there is pathways that are required to be installed as well as the alley right of way that Mr. Medinger is no longer going to be landscaped. Amy explained that there is nothing in the Land Use Ordinance that requires a certain number of trees as long as the percentage of landscaping is met, the percentage of canopy coverage and the percentage of street trees. Amy shared her frustration regarding the Tree Commissions emails that are happening in regard to Code Enforcement. At the Tree Commission meeting held on November 3, 2005 enforcement issues were discussed and it was determined that the Commissioners would contact Code Enforcement, the Planners and the Applicant with any of their concerns. Amy stated that it was never discussed to contact the Mayor, City Administrator, Director of Public Works, City Council, newspaper etc. Looping a bunch of people who have no knowledge of 18.61 or the project, and no idea how this department functions only seems to further complicate the matter stated Amy. Amy encouraged the Commissioners to stick to the standards that they imposed. Current Balance - $164.87. As they are coming to the end of the budget year it was suggested purchasing more ISA brochures for the Lobby, registering for any membership dues or donating money to the Parks Department for the replacement tree. Sign-Up schedule for back page article. - "Special Care of Trees in Summer" Both Siewert and Sager will be working on the article. Tree Commission Goals - Continuing Education, Tree Clinics, Tree Walks and Media Outreach. At some point Sager would like to have a sign-up sheet for the articles for the Back Page articles. ADJOURNMENT - Commissioner Holley adjourned the meeting at 9:35 p.rn. Respectfully submitted by Carolyn Schwendener, Account Clerk 3 CITY OF ASHLAND ASHLAND TREE COMMISSION MINUTES August 3, 2006 CALL TO ORDER -Chair Bryan Holley called the Ashland Tree Commission meeting to order at 7:05 p.m. on August 3, 2006 in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, OR. Commissioners Present Council Liaison Bryan Holley David Chapman, absent Mary Pritchard Laurie Sager Staff Present Amy Anderson, Assistant Planner APPROVAL OF MINUTES No minutes to approve PUBLIC FORUM No public forum PUBLIC HEARINGS PLANNING ACTION 2005-01869 Request for a land partition to create three parcels for the property located at 1751 Dragonfly Lane. A Variance is also requested to exceed the maximum of three lots permitted to use a flag drive (Dragonfly Lane). COMPREHENSIVE PLAN DESIGNATION: Rural Residential District; ZONING: RR.5; ASSESSOR'S MAP # 391E 15 D; TAX LOT: 1417. APPLICANT: Peggy George Amy read the staff report and explained that based on the submitted information, staff cannot recommend approval of the proposal. She also read the conditions of approval that would apply if the Planning Commission Hearings Board chooses to approve the project. Applicant Testimony: Mrs. Peggy George spoke about her desire to partition the property that she and her late husband purchased in the late 1970s. She stated that she has hired a Land Use Attorney to aid her in the preparation of the application. Public Testimony: Morgan Paull - agent for the late Jack Elam and for his widow Jenny Elam; asked if this application has come forth previously and received denial. Jenny Elam 1891 Dragonfly Lane - questioned the ability of the driveway to be constructed adjacent to the property line and since no buffer is proposed, she is concerned about the impact of the driveway and its construction impacts to the trees located on her parcel. Jan Chaiken 1800 Crestview - Mr. Chaiken is concerned about the impacts to his trees from further trenching for the utility lines that potentially would be installed up the flag drive. Recommendation: 1) That all trees within 15 feet of the parcel be included in the Tree Protection and Preservation plan 2) That a driveway construction and grading plan incorporating the specifications of the Tree Protection plan be submitted for review and approval by the staff advisor prior to signature of the final survey plat. 3) That the Tree Commission supports the staff recommendations. PLANNING ACTION 2006.00612 Site Review approval to construct a mixed-use development comprised of 7,841 square feet of general office space and six residential condominiums for the property located at 160 Helman St. COMPREHENSIVE PLAN DESIGNATION: Employment District W/Residential Overlay; ZONING: E-1; ASSESSOR'S MAP # 39 1 E 04 CC; TAX LOT: 2100. APPLICANT: Siskiyou LLC/James Batzer This application was postponed until next month. PLANNING ACTION 2006.01295 Request for Outline and Final Plan approval for a seven lot (six units and common area) Performance Standards Subdivision at 795 Park St. and 1849 Siskiyou Blvd. A Variance to the Off-Street Parking Standards to allow for the elimination of a required disabled person parking space, and a Tree Removal Permit to remove eight trees are also requested. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family; ZONING: R-3; ASSESSOR'S MAP # 391E15AD;TAXLOT: 1806. APPLICANT: Rogue Valley Community Development Corporation Amy read the staff report and conditions of approval. Applicant Testimony: There was no applicant testimony Public Testimony: There was no public testimony Recommendations: 1) That a certified I licensed Arbonst shall be hired to determine the health of the Oak and the Birch trees and the impacts of construction within their driplines. 2) That the Arborist shall reevaluate the health of the Birch trees while in bloom and leaved out to determine if they should be removed and structures shifted towards eastern property line further away from the 40-inch dbh Oak tree. 3) That any construction within the root zone of the 40-inch dbh Oak tree shall be monitored on site by the certified Arborist. 4) That the footprint within the dripline of the 40-inch Oak tree shall be minimized or constructed using alternative construction measures such as post and beam foundations to limit impacts to the tree. 5) Tree Commission recommends that no utility lines including but not limited to sewer, water, electric and irrigation lines shall be installed within the dripline of the 40-inch dbh Oak tree. 6) That no new additional landscaping shall be installed within the dripline of the 40-inch dbh Oak tree. 7) That an accurate outline of the canopy of the 40-inch dbh Oak tree be provided for review to determine placement of building footprint, sidewalks, bicycle parking facilities and their impact to the Oak tree. 8) Because conifer trees are being removed the Tree Commission recommends that a few of the mitigation trees be substituted with conifers such as Vanderwolf Pine, Arizona Cypress, Dwarf Scot pine, Pinus nigra in appropriate locations to achieve full growth. No other business was addressed ADJOURNMENT - Commissioner Holley adjourned the meeting at 8:35 p.m. Respectfully submitted by Amy Anderson, Assistant Planner 2 Members Present: Ashland Traffic Safety Commission Minutes June 22, 2006 Keith Massie, Doris Mannion, Colin Swales, Noal Preslar, Alan Bender, Terry Doyle, Matt Warshawsky Jim Olson, Dawn Lamb, Tom Cook Patti Busse Staff Present: Members Absent: I. CALL TO ORDER - II. APPROVAL OF MINUTES: April 27th, 2006 Minutes approved with corrections. III. ITEMS FOR DISCUSSION: A. PUBLIC FORUM ITEMS: B. REVIEW OF TRAFFIC REQUESTS / PROJECTS PENDING/ACTION REQUIRED 1. Parking Restrictions on Maple Streets Completion of the latest addition to the Ashland Community Hospital resulted in changes to the Maple Street curb alignment and sidewalk locations between Chestnut and Catalina Streets. The new curb currently has no parking restrictions, signage or paint to control parking and it has become increasingly congested. Prior to reconstruction, parking was prohibited along the entire southerly side of Maple Street from . Catalina Street to Chestnut Street with the exception of an area of head-in parking adjacent to the emergency entrance. The street improvements were constructed in two phases with the section from Catalina Street to the new MRI addition being completed two years ago. This section was actually narrowed with the new curb section set in line with the curb to the east. This section of the street is 32 feet wide and was constructed along with a City sidewalk construction project on the north side of the street. Some traffic calming elements were installed along with the sidewalks in an effort to slow traffic and make the street safer in this area. Those traffic elements were: 1. Two curb bumb-outs were installed on the north side of the street where parking is permitted. 2. Two additional crosswalks were installed at the curb bump-outs to provide additional pedestrian safety. (One crosswalk was installed at Catalina Street and the second was installed mid-block to connect the hospital to the medical offices on the north side of the street.) Continental style crosswalk markings were used at both locations. 3. The allowed traffic speed was reduced from 25 mph to 20 mph due to the commercial nature of the street. Since much of the street section is taken up by driveway entrances, crosswalks and a fire hydrant little room was left for on-street parking and this entire section of the street was marked as no parking. The westerly portion of the street was completed this past winter. The street width is slightly wider in this section at 33.5 feet. There are areas in this section which could support parking, but parking areas should be carefully delineated to provide adequate sight and maneuvering clearances. Staff recommends that the following parking prohibitions be established on the south side of Maple Street: 1. Parking to be prohibited (by yellow pained curb) from Chestnut Street to the first driveway into the new parking area. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 1 of 6 2. Parking be prohibited for 15 feet on the east side of the new driveway to provide adequate visibility at the driveway exit. 3. Parking be prohibited between the east side of the head-in parking to the driveway to the east (approximately 15 feet). 4. The four head-in parking spaces should be marked for compact vehicles only as the parking depth is sub-standard. Discussion: Parking near the hospital has always been a challenge for patients, employees and residents. There is new parking area with more parking. The effect from cars parked along the side of the street creates a traffic calming effect. There is an opportunity to add four more parking spaces between the new driveway and the east entrances. Prior to the construction there was no parallel parking at all along that street side. Swales remarked that from the pictures shown, the head in parking spaces encroach into the street. Are they the approved depth for head in parking spaces, because they appear narrow. Olson measured and they are 20 feet deep, which is the standard. The wheel stops are going to be changed for additional length in the parking space. Massie asked if the SLOW markings on the street surface could be refreshed, it has faded and been damaged during the construction. Doyle asked why there is increased parking on Maple Street, why is there not enough in the parking lot. Olson said that parking along the street was also for the medical offices and residences near the hospital. Jim McNamara, Construction Coordinator Ashland Community Hospital, commented that all were allowed to use the new parking lot. Doyle asked again if the Commission really had the authority to look at the parking situation and why this was not part of the planning considerations. Is this our task to decide parking. Olson commented that this was a proper place to have public input and comment, the Commission does serve as a public forum. Swales commented that the duties are being looked at during the City Charter review process, and the Commission could review their charter and ask for modifications. Doyle commented that a third of the agenda items are regulating parking, we could have legitimate addition to the charter. Olson will place the charter on the agenda for next month for review. McNamara said that before the project there were 157 off street parking spaces and after the design there are one or two more depending on the striping. The parking is a concern for the hospital and residents. There are times when things are completely full. There was existing parking on both sides of Maple and there were always four head in spots in front of the emergency room. Now there is a sidewalk and this pushed the cars further out. They are the full 20 feet deep with a five foot sidewalk in front that leads to the hospital. The next space below the driveway causes a vision clearance problem. With parking so full there is hesitation to loose even that one space. The head in parking spaces will be marked for emergency patients only. Massie asked if vehicles parking in the head in were still less than the width of a parallel car next to curb. Doyle asked if the ambulance would have problems driving in their driveway. McNamara said that ambulances are not having any problems. Mannion commented that the new building is all outpatient services and that it is a benefit to have an area for people who will not be there all day. Bender questions why more parking was not required during the planning process. McNamara said that they meet the public code for hospitals because it is based on a parking space per bed situation. The area is land locked in this neighborhood so adding more parking will be nearly impossible. Doyle felt that the method should be researched and updated to a more current standard. Swales felt the inclusion of new sidewalk was a real safety benefit for pedestrians on lower Catalina. Rick Landt, Emergency Department employee, said that the no new services have been added with this remodel, only updates and better facilities. McNamara hopes that moving some of the services to the C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 2 of 6 top of the campus will help spread out the parking demand. Landt commented that he would like to see more 20 MPH signage along Maple Street, specifically one after you turn down Chestnut. He also requested that the parallel parking on the street be delineated. The emergency spaces could be easily abused by non-emergency users. Doyle told Landt that the area is not patrolled by the parking enforcement and that if signage were put up stating for emergency use only it may be enough. Consideration on how to install signs in the sidewalk and not obscure wheelchair users needs to be determined. Landt was aware that before the construction there were more existing driveways so there really wasn't more parking even with parking on both sides. Decision: Swales motioned to accept staff recommendation except for Item 4: Staff recommends that the following parking prohibitions be established on the south side of Maple Street: l)Parking to be prohibited (by yellow painted curb) from Chestnut Street to the first driveway into the new parking area; 2) Parking be prohibited for 15 feet on the east side of the new driveway to provide adequate visibility at the driveway exit; 3) Parking be prohibited between the east side of the head-in parking to the driveway to the east (approximately 15 feet); Delete 4) The four head-in parking spaces should be marked for compact vehicles only as the parking depth is sub-standard; and that the four parallel parking spaces be delineated on the roadway. Massie seconded the motion and it passed unanimously. 2. Proposed Crosswalk Reconfiguration at Walker and Iowa Streets The current configuration of the single crosswalk and access ramp at the intersection of Walker Avenue and Iowa Street provides an awkward bicycle connection between Walker Avenue and Iowa Street. Keith Massie has requested that the commission review this intersection to identify a safer crossing and merge options for bicyclists. Iowa Street is just 20 feet wide between Walker Avenue and Wightman Street. A combined 8 foot wide paved multi-use path is located on the north side of the street behind the curb. Iowa Street has two 10 foot wide travel lanes. Walker Avenue is 36 feet wide and consists of (from west to east) a 7 foot wide parking lane, 5 foot wide bike lane, two 9.5 foot wide travel lanes and a 5 foot bike lane against the east curb. There is a single marked crosswalk at this intersection which extends from the northwest corner of the intersection, angled slightly to the north and intercepting the east sidewalk and curb at the northerly portion of the School District Maintenance Yard driveway. The angle at this crosswalk requires that bicyclists entering the Walker Avenue bike lane enter the crosswalk then make a sharp right (approximately 115 degree turn) to enter the southbound lane. This maneuver often puts a bicyclist further into the intersection than necessary. If an additional access ramps were installed at the northwest corner of the intersection directed toward the south, the alignment maneuvers could all take place within the bike path itself and provide a more direct access. Another option would be to install additional crosswalks and access ramps. With ramps installed on the southwest corner of the intersection and on the west side of Walker Avenue, pedestrians and bicyclists alike would have another option other than using the north crosswalk. The approximate cost to remove existing curb and gutter and install a sidewalk access ramp, including the required truncated dome panel is approximately $1,000 per ramp. The minimum cost for Option No. 1 which would create a new sidewalk access would be $2,000. To implement the second option with two ramps at the southwest corner and one on the east side would be an additional $3,000. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 3 of 6 Discussion: This was brought forward to help keep bicyclists from going out in traffic to get to the sidewalk on Walker. The sidewalk addition could result in a mid block crossing that we would need to discuss. Bender asked that if instead could the stop bar be moved further down from the driveway. If the stop bar was eight feet further down it would accommodate the crosswalk better without ending in the driveway. The visibility is very good in this area due to the open ball field. Massie asked if there is funding for this project in the summer. Olson thought it could be possible. Add a couple of these items to an existing project. Wendy Connor brought this up to Massie while they were working together on the bike helmet give away. If the goal is to have more children walking to school shouldn't we try and make it a safer option. Most of the children are coming from the area of Walker and the SOU family housing. A lot of the kids walk this way to school and option two would be much safer for them. Swales said the proposal seems strange because there was no existing sidewalk on the north side and that doesn't make sense since it is an ideal spot for sidewalk. He would not support option two because there are not improvements on the west or south sides. That whole side of Walker is unimproved and it seems strange to do an expensive addition when no sidewalk exists and no marking exists for pedestrians or bicycles to stop and nothing says it is a bikepath. Doyle questioned the need for ADA handicap ramps and Olson informed him that every crosswalk must be supported by access ramps. The City legally has to provide a handicap landing. Warshawsky noted that this is a popular spot for California stops. The comment about not having sidewalks is true. A lot of people park on that side to get to the ball field and providing a crosswalk further up would be helpful. The pedestrians have to deal with the driveways on this side of the street. Massie liked option one to keep bicyclists from moving out ,onto Iowa then onto Walker and then swinging back to go back to the bikelane on Walker. Swales commented that if it is a bikepath, then vehicles should stop. Warshawsky felt it would encourage people to cut the corner from Iowa to Walker. What would the cons be to connecting the crosswalk to the existing driveway on the opposite side directly across from the corner. The lip of a driveway is typically an inch and a half high to keep water from flowing over the driveway, but handicap ramps cannot have any lip. The chance of conflict is higher to have a ramp in a driveway and it is not geared to handle a wheelchair needs. Massie wants to encourage the use of sidewalks. Warshawsky said that if option one is chosen then option two could be later retrofitted into the intersection design. Decision: Massie motioned to support option number one. Doyle seconded. Vote passed, seven in favor, one opposition. 3. City Vehicles and Traffic Codes In recent months, especially with higher gas prices, we have seen more alternative-type vehicles on our roads and bikeways. Following are excerpts from Ashland Municipal Code Section 11 pertaining to vehicles and traffic. There is also a guide on motorized scooters and pocket bikes regarding their control and enforcement under state law available at the Engineering offices. For general information reference the following AMC Chapters: Chapter 11.16 General Regulations Chapter 11.44 Pedestrians Chapter 11.52 Bicycles Chapter 11.54 Skateboards Discussion: Commission supported the new references. There is still an amount of education that needs to happen. C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 4 of 6 4. Bike & Pedestrian Concerns No concerns brought forward. 5. Report on Bike Helmet Give-A-Way, Keith Massie A special thank you from the Ashland Middle School was sent to Olson showing appreciation to Massie and Chapman for coordinating the bike helmet give away. Massie reported that 400 helmets were given away. Walker and Helman School were visited twice, Bellview and Ashland Middle School were visited once. Massie thanked Wendy Connor, David Chapman and his family for helping with the give away. We were asked to come back in a couple of years. The Bike and Pedestrian Commission and the Traffic Safety Commission both donated funds to purchase the helmets. It was well done. Thank you Keith for your extra efforts! C. Follow-Up on Previous Actions - No discussion. D. Traffic Safety Education 1. Design & Control for Older Drivers, May 8 & 9, OSU 2. Safety Countermeasures, May 31- June 2, OSU E. Development Review: 1. Planning Commission Agenda 2.' Hearings Board Agenda F. Capital Projects Update: No discussion. G. Other: 1. Laurel Street TF Grant - The Laurel Street route to Briscoe School is being considered for a grant application. Children going down Laurel to Helman School do not have sufficient sidewalk. The City goal is to make everyway possible to encourage walking to school. Like to continue the Hersey to Randy section of sidewalk on Laurel Street. This will accomplish having all areas down Laurel complete. It is very hard to assign LID to the neighborhood and this is an excellent way to fund the project. Like to have Doyle sign the support letter from the Commission. Railroad pedestrian crossing grant application that staff has submitted for the installation of concrete pedestrian amenities at the East Main railroad tracks. The work on the railroad crossings is time consuming and expensive. Any work done within two feet of each side of the rails is under the jurisdiction of the ODOT Rail division. The agency bears the cost, but ODOT rail will chose the contractor. This grant will help to fund the pedestrian portion of the improvements. Massie said if this is a state law, he would like to see it attempted to be changed. This is expensive and frustrating for improvements that are needed. Olson commented that ODOT Rail has total control of the right of way of the railroad. They are responsible and are not going to let unknown work be done on the railroad. They are not governed by procurement laws that other facilities have to follow, they have a lot of leniency. Doyle commented that the pedestrian improvements would be welcome even if the vehicular piece needs more time. The asphalt is the problem because it is not maintained by the railroad. They feel as long as the asphalt is passable by a car, it is fine. The f1agger that is required must be supplied by the railroad for any project and a one million dollar bond is required along with 24 hour prior notification. The concrete 'crossings are not as high of maintenance in the long run. Doyle asked why the grant stopped at Nevada from Laurel. Olson reported that all of the west side of Nevada is complete, but not all of the east side is complete. Doyle moved to approve the grant application, seconded by Bender and passed unanimously. 2. Diamond Parking - Olson will contact Lee Tuneberg regarding the contract for amendments and additions. 3. Downtown Jurisdictional Exchange Update - Swales asked if this request has moved forward from staff. Olson asked what form would the commission want to submit to C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 5 of 6 Council. Olson will prepare a draft for next month's meeting. Massie would like to take topics to Council for support. Olson will see how the Council agenda is stacking up. 4. Clay Street Intersection - Joanie Keller-Hand wrote a letter to the Planning Commission regarding the intersection of Clay and Faith and the consideration of more development in the area. Planning staff was made aware of the commission involvement. 5. North Ashland Bikepath project will begin next summer. The bikepath will go from Laurel Street to Jackson Street. 6. School Speed Zones- the state has changed the school speed zone regulation from 24 hours a day to weekdays, 7 AM to 7 PM. Starting July 1st, 2006. Signs will be updated accordingly. 7. ODOT Traffic Safety Coordinator - Olson met with Rosalee Sanger and Lynn Mutrie from Acts Oregon regarding future grant funding. The ACTs Minigrant is under consideration and may be removed from next year. There is a safe route to school program that may help with walkability issues for schools due in August. Olson said that Sanger and Mutrie were impressed with the work of the commission and passed on their appreciation. OFFICER COOK LAST MEETING! Officer Tom Cook, Police Liaison for the Commission will be retiring July 1st! We thank him for all his support and wisdom over the years! You will be missed! Happy Trails. IV. Adjourned 8:30 PM C:\DOCUME-1\shipletd\LOCALS-1\Temp\Jun 15 06 TSC.doc Page 6 of 6 CITY OF ASHLAND Council Communication Appointment to Bicycle & Pedestrian Commission Meeting Date: Department: Approval: Primary Staff Contact: Barbara Christensen 488-5307 christeb@ashland.or.us Estimated time: Consent Agenda Statement: Confirmation by Council ofthe Mayor's appointment of Jim Olney to the Bicycle & Pedestrian Commission for a term to expire April 30, 2007. Background: This is a confirmation by the City Council on the Mayor's appointment for the Bicycle & Pedestrian Commission on applications received. There are two vacancies on this Commission due to the resignations of Julia Sommer and Tom Marvin. Council Options: Approve or disapprove Mayor's appointment. Staff Recommendation: None Potential Motions: Motion to approve appointment of Jim Olney to the Bicycle & Pedestrian Commission for a term to expire April 30, 2007. Attachments: Applications received r~' RECE"VEU CITY OF ASHLAND APPLICA TION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City. Halr, 20E Main Street, or email christeb@ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name_William (Bill) H.Feagin Requesting to serve on: _Bicycle & Pedestrian Commission Address 188 Alida St. Ashland, OR 97520 Occupation_TBD in Ashland - currently exploring opportunity to start new business (have 20+ years experience working with small, medium and large healthcare companies - see attached resume) Phone: Home_ 488-0849 Work Email: billfeagin@charter.net Fax 488-0849 1. Education Backe:round What schools have you attended? _Indiana University What degrees do you hold? _BS in Marketing What additional training or education have you had that would apply to this position? _Recently passed California Real Estate Test - have yet to file for a license - may be helpful in land use/management discussions 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? _Cross-functional team leadership responsible for considering options and determining recommendations/direction, then implementing agreed upon plan Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? _No, I am a frequent and experienced cyclist and am familiar with the challenges of co-existing with automobile traffic. Of course, we're all pedestrians at some point (especially in Ashland) and I understand the challenges of pedestrians, cyclists and drivers operating cooperatively in a downtown area. WilIiam H. Feagin 188 Alida Street Ashland OR, 97520 (541) 488-0849 billfeagin@charter.net Summary Marketing Executive with results oriented track record. Launched several revolutionary healthcare products with successful consumer, professional and public relations campaigns. Background includes experience in the following areas: Strategic Business Planning Product Management AdvertisinglPR Agency Management Strategic Market Development Cross-functional Team Management Sales Management Professional Experience Amylin Pharmaceuticals, Director/Sr. Director, Marketing 200] - 2005 San Diego, CA Cross-functional product team leader/commercial lead for the SYMLIN product launch, which was FDA approved in March 2005. SYMLIN is Amylin's first product and the first new therapy for patients with type I diabetes in 80 years. Readied product launch on three separate occasions (product received two approvable letters prior to final approval). While awaiting FDA approval, was commercial leader working with Regulatory and Medical Affairs to resolve regulatory challenges, led the conversion of Amylin from an R&D to commercial organization, led the pricing teams for both SYMLIN and Amylin's second product BYETT A and was instrumental in patient recruitment for BYETT A clinical trials. Amira Medical, Director Marketing 1998 - 2001 Scotts Valley, CA Leader for all company marketing initiatives including strategic planning, market research, companylbrand naming and positioning, advertising, packaging, promotion, product training, web site development and public relations efforts for consumer, professional, managed care and retail trade audiences. Led four- person marketing team in the launch of the At Last Blood Glucose System, the first product to eliminate painful finger sticks for people with diabetes. Amira was a pre-I PO company founded in Palo Alto in 1996 by three former Lifescan executives including the original president. Investors included Sutter Hill Ventures, Institutional Venture Partners, Becton Dickinson and The Kaufman Fund. Roche Diagnostics ultimately purchased the company. Safeskin Corporation, Market Manager 1997 - ] 998 San Diego, CA Led cross-functional project teams to develop educational and multi-product promotional programs for distributors and end-users. Launched and managed corporate web site, hired Edelman Public Relations, managed corporate communications/crisis management plans and evaluated new business opportunities. Participated in development of three-year corporate business plans, led annual market planning process and managed development of initial corporate advertising campaign. Kimberly Clark ultimately purchased the company. Johnson & Johnson Vision Products (Vistakon) 1988-1996 Product Director, Consumer Marketing Jacksonville, FL Developed extensive print campaign that included Mo Vaughn and Gabriela Sabatini. Campaign included eight executions that appeared in over 20 books. Coordinated major promotions supported via print RECEIVED Jim Olney 361 Wiley St. Ashland, OR 97520 August 21,2006 Mayor John Morrison City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Mayor Morrison: Please accept my application for appointment to the Ashland Housing Commission. ] previously served on the Ashland Fiber Network Programming Committee and wish to continue volunteering time to support the city of Ashland and its future direction. My graduate degree in government administration as well as my experience working for the Oregon Legislature and with Oregon non-profits gives me the skills to understand the responsibilities and requirements of the Housing Commission. My resume is on file with the City. Thank you for considering my application. ] am available if you have any questions of require further information. Sincerely, Jim Olney Ashland, Oregon .l.JV JUU ICC) Jl WUUJU oe aavantageous tor you to have turther traIDlng m this field, such as attending conferences or seminars? Why? I am a quick, on-the-job learner but if further training was available, it may help. 3. Interests Why are you applying for this position? I have a personal desire to use my education and professional training for the bettenneni of my community. I wish to volunteer part of my time as a resident of Ashland to make a positive impact on the future of my city. 4. Availability Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? Yes, I am available for special meetings and prefer evening meetings, since I am employed fuH-time during the day. 5. Additional Information How long have you lived in this community? I moved to Ashland in November 2004. I first moved to Oregon in 1976. Please use the space below to summarize any additional qualifications you have for this position When I moved to Ashland, one of the first things] did was join the Ashland Chamber of Commerce to understand to nature and drive of the business community. ] also . volunteered for the Ashland Fiber Network Programming Committee and was appointed by the Mayor and the Council. During the past year two years my awareness of the issues of growth in the area has increased quickly. The AFN Programming Committee is disbanding and ] want to stay involved and use my skiHs. ] attended the recent Ashland Ethics in Government aU-day workshop, so ] understand the ethical standards and procedures of a position on the Ho:using Commissi()n. ] am empl()yed as the Executive Director ()f the Jackson County Library F()undation which has me traveling thr()ugh()ut Jackson County. My work gives me a s()lid countywide perspective ()n s()me the choices Ashland has fm the future. ~ ~( :J.&IJ6 Date ~~, ~--~~~~._-"~----~~-~----~----~ Training Completed ABC Leadership Institute Program, ] 989- ] 990 Completed James Marshall Training Program for AGC Executives, Wash. DC, ] 985 COMMUNITY ACTIVITIES Completed Leadership Monroe County, Key West Chamber of Commerce, Class V, ] 997-98 Member, AsWand Chamber of Commerce EDUCA TIONAL BACKGROUND M.P.A. Masters in Public Administration (M.P.A.) Maxwell Graduate School of Citizenship and Public Affairs Syracuse University, Syracuse, NY B.A. Dual Major - SociologylPhilosophy College of Arts and Sciences Syracuse University, Syracuse, NY CITY OF ASHLAND Council Communication Approval of Public Contract Greater than $75,000 - Electric Line Truck Meeting Date: September 19,2006 Department: Public Works ~ Contributing Departments: Fi1.nan hasing; Electric Approval: Martha Benn Estimated Time: Consent A n Primary Staff Contact: Paula Brown; 552-2411 ~'-- E-mail: brownp(Q>.ashland.or.us/-- Secondary Staff Contact: Mike Morrison Jr. E-mail: morrisom(Q>.ashland.or.us Statement: This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public contract for the purchase of a new Electric Line Truck (Digger Derrick) at a cost of $235,458, and declare the current 1990 Electric Line Truck as surplus so that it can be traded-in for $18,000. The new vehicle will be delivered within 360-390 days, which will put this into the FY08 funding year. The FY07 budgeted amount of $210,000 will not be used this year, and will be re-budgeted for use in FY08. Although there is salvage value with the trade-in, the total cost of the acquisition is $235,458. Sourcing Method: Under the Ashland Municipal Code, if there are no exemptions or special circumstances, a formal competitive selection process is required to enter into a public contract for goods and services greater than $50,000. A Competitive Sealed Bid (Invitation to Bid) is the sourcing method for this public contract. Background: The Invitation to Bid was sent to three (3) potential suppliers and two (2) suppliers responded to the bid. "New" Electric Line "Trade-in" 1990 Delivery Bidders Truck - Digger International Electric Derrick Line Truck (After receipt of order) Altec $235,458.00 $18,000.00 360-390 Days Nelson Trucking $276,683.00 $4,000.00 300 Days T erex Utilities No Response The amount budgeted this fiscal year for the Electric Line Truck is $210,000.00. The increase in the actual bids is due to the increased price of the chassis unit. The 2007 emissions standards have been increased to a level that required truck manufacturers to develop new technologies which have increased the base price of the chassis by as much as $20,000.00. The cost of raw materials have also increased, which is due to the high cost of fuel according to the truck manufacturers. This vehicle will be manufactured to the City's specifications; and the long lead time (360-390 days) is due to the complex specifications and requirements associated with this type of vehicle. r., Related City Policies: AMC Chapter 2.50.060 (2) The Purchasing Agent is authorized to recommend that the Local Contract Review Board approve or disapprove contract awards in excess of $75,000, or to change orders or amendments to public contracts of more than $75,000. Under AMC 2.50.090, the Purchasing Agent shall have the authority to dispose of surplus property and abandoned personal property not owned by the City by any means determined to be in the best interests of the City, including but not limited to, transfer to other departments, government agencies, non-profit organizations, sale, trade, auction, or destruction; provided however, that disposal of personal property having residual value of more than $10,000 shall be subject to authorization by the Local Contract Review Board. Council Options: Local Contract Review Board can approve the award of the public contract or decline to approve the award of the public contract. Staff Recommendation: Staff recommends that the public contract be awarded to Altec - the lowest responsible and responsive bidder, and that the current 1990 Electric Line Truck be declared as surplus upon delivery of the new Electric Line Truck so that it can be traded-in as a part of this contract process. Potential Motions: Council, acting as the Local Contract Review Board, moves to moves to approve and award the public contract with Altec for the new Electric Line Truck; and Council further moves declare the current 1990 Electric Line Truck as surplus upon delivery of the new truck. Attachments: Written Findings Trade-in Information -1990 International Line Truck ,., Memo CITY OF ASHLAND DATE: TO: FROM: RE: September 13,2006 Paula Brown Michael J, Morrison Digger Derrick The bids for the purchase of the Electric Departments Digger Derrick! Line Truck were opened last Tuesday, the 22nd. Due to several factors beyond our control, the price came in higher than budgeted. We budgeted $210,000 for the new truck, the low bid came in at $235,458 with an $18,000 trade in, for a total of$217,458, The increase is due in part to the increased price for the chassis unit. The 2007 emissions standards have been increased to a level that truck manufacturers have had to develop new technologies raising the base price of the chassis by as much a $20,000. Raw materials costs have also risen considerably since our initial budget figure was determined, According to the companies that bid on the unit, fuel prices are the leading cause for the increase in materials. This unit will take 360 to 390 day from time of order to delivery; this will put delivery of this truck into next budget year. The extended build time is due to the anticipated arrival time of the new chassis units and the complexity of the equipment that will have to be mounted on the unit. r~' Photos of the existing 1990 Electric Line Truck, Staffs recommendation is that there is higher value in trading in the vehicle than selling the vehicle independently. This is validated by the two very different trade-in costs sited in the bidding process. r~' CITY OF ASHLAND Council Communication Meeting Date: September 19, 2006 Department: Administration , Contributing Department~: ~ Approval: Martha Bennett Estimated Time: consen RVTD Contract Approval Primary Staff Contact: Ann Seltzer fA! E-mail: ann@ashland.or.us Secondary Staff Contact: Mike Franell, City Attorney E-mail: franellm@ashland.or.us Statement: The FY06-07 budget allows for $290,000 to be used towards public transportation. At the city council meeting on June 28, 2006 the council decided allocate the $290,000 to buy down RVTD's fixed route bus fare in Ashland and to buy down the cost of Valley Lift transit rides in Ashland and to pay for net operating costs for Valley Lift that exceed 9,800 rides per year. RVTD will bill the city on a quarterly basis for actual riders and for Valley Lift rides that exceed 9,800 rides per year. Background: In May, the Rogue Valley Transit District (RVTD) notified the City of Ashland that due to budget constraints it could no longer provide enhanced services in Ashland, (bus route #5 and free fare), for $290,000. Based on a chart provided by RVTD (attached) listing various service options the council decided to eliminate route #5 and subsidize a fare structure of $.50 for fixed route and $1.00 for Valley Lift rides and for Valley Lift rides that exceed 9,800 rides per year at a cost of$15.54 per ride. Those costs, assuming a 20-30% drop in ridership from last year is within the $290,000 allocation. Council directed staff to draft a one year agreement with RVTD. . The greatest cost to RVTD is Valley Lift Services. RVTD estimated that each Valley Lift ride cost $15.54 and will likely increase over the next twelve months. RVTD estimates that ridership on Valley Lift will decrease by 30% with the new fare of$4.00. A 30% decrease in Ashland equals 9,800 Valley Lift riders. Since the city is subsidizing Valley Lift rides, it is possible there will be a higher demand for the service in Ashland resulting in a possible increase in RVTD net operating costs. The attached contract reflects the council decision and has been approved for content and form by the City Attorney and the legal representative for RVTD. 1 ~A' Council Options: . Approve the attached contract. . Approve the attached contract with changes. Staff Recommendation: Approve the attached contract. Potential Motions: Move to approve the RVTD contract for 2006-2007. Attachments: . RVTD contract . Chart!Proposed costs for extended RVTD services 2 ~.1I ._~ RVTD/CITY OF ASHLAND July 1, 2006 - June 30, 2007 Agreement made effective July 1,2006 between Rogue Valley Transportation District (RVTD) and the City of Ashland (City). RVTD and City agree: 1. REDUCED FARE PROGRAM. In order to encourage and increase RVTD ridership within the City, the City will reduce the cost of fixed route fares within the City from $2.00 to $.50, and will reduce the Valley Lift paratransit fares within the City from $4.00 to $1.00. 1.1 Program will begin on July 1, 2006, and will end on June 30, 2007. 1.2 RVTD will provide $.50 fare service on fixed route buses and $1.00 fare service on Valley Lift paratransit buses to passengers picked up and delivered within the CITY. 1.3 RVTD will bill City for the reduced fares described above based on the actual number of rides provided within the City. These rides will be detailed in a monthly ridership report, and bills will be submitted on a quarterly basis. 1.4 RVTD will also bill City for the operating costs of providing Valley Lift service if ridership exceeds 9,800 passengers per year (30% fewer riders than 2005-06). The billed amount shall equal $15.54 per ride over the 9,800 passenger threshold and shall apply to the period of July 1, 2006 through June 30, 2007. 1.5 CITY will remit to RVTD, on a quarterly basis when billed by RVTD, $1.50 for each fixed route ride and $3.00 for each Valley Lift paratransit ride provided by RVTD within the CITY. 2. CONSIDERATION: Total payments to RVTD will not exceed $290,000 per fiscal year. 2.1 In the event that the $290,000 annual allotment from the CITY will be/becomes exhausted prior to the end of the fiscal year, the program for that fiscal year will end and fixed route and Valley Lift paratransit fares will revert to standard RVTD fares for the balance of the fiscal year. .At= t.Qe itJlrt 9ftheltew_fiical year, the r~g\lcea fan PIOl:;HUII wvuld atttomatieally bpg;n "gnl~_ 2.2 If either RVTD or CITY wishes to modify this agreement, both parties shall meet to negotiate modifications to the agreement. 3. TERMINATION: 3.1 Termination for Convenience. This agreement may be terminated by either party for that party's convenience upon thirty days notice in writing to the other party. RVTD shall be compensated for all services performed under this agreement up to the effective termination date. 3.2 For Cause. Either party may immediately terminate this agreement for cause upon delivery of written notice to the other party or such later date as may be established by mutual agreement, under any of the following conditions; 3.2.2 If federal or state laws, rules or regulations are modified, changed, or interpreted in such a manner that the services are not longer allowable or appropriate under this agreement; 3.2.3 If any license or certification required by law or regulation required for the provision of the services under this agreement is for any reason denied, revoked, suspended, or not renewed. 4. Publicity. Any publicity or advertising regarding the program by the City shall first be reviewed by RVTD for accuracy and must acknowledge the support ofRVTD. RVTD will provide City with appropriate logo for this purpose. 5. Access to Records. The City and its duly authorized representatives shall have access to the records of RVTD and any subcontractors which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 6. Workers Compensation. RVTD, its subcontractors, if any, and all employees working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. 7. General Liability RVTD, its subcontractors, and all employers working under this Agreement shall comply with Oregon State Laws related to workers compensation, employment, payroll taxes and general liability for loss of property, injury to riders or others. 8. Living Wage RVTD shall comply with chapter 3.12 of the Ashland Municipal code by paying a living wage, as defined in this chapter, to all employees performing work under this Agreement and to any subcontractor who performs 50% or more of the service work under this Agreement. RVTD shall post the attached notice predominantly in areas where all employees can easily see it. 9. Miscellaneous Provisions 9.1 Force Majeure. Neither party shall be responsible for delay or default caused by fire, flood, riot, acts of God, and/or war which are beyond the party's reasonable control. RVTD may terminate this Agreement by written notice after determining such delay or default will reasonably prevent successful performance of this Agreement. 9.2 Amendment. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval ofRVTD and the City. 9.3 Waiver. Either party's failure to enforce any provision of this Agreement shall not constitute a waiver or relinquishment of its right to such performance, nor of its right to enforce any other provision of the Agreement. 9.4 Federal Government Not A Party. The Federal Government is not a party to this Agreement and shall have no obligation to any third party absent the Federal Government's express written consent. 9.5 Attorney's Fees. In case of suit, action, proceeding, or arbitration to enforce any rights or cOliditions of this Agreement, it is mutually agreed that the losing party in such suit, action, proceeding, arbitration or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court or arbitrator hearing such suit, action, proceeding, arbitration or appeal. 9.6 Entire Agreement. This instrument constitutes the entire agreement between the parties. No representations, warranties, promises, guarantees or agreements, oral or written, express or implied, have been made by either party hereto with respect to this Agreement or the vehicles, equipment or drivers to be provided hereunder. ROGUE VALLEY TRANSPORTATION DIST CITY OF ASHLAND By Martha Bennett City Administrator By Peter Jacobsen General Manager Reviewed as to form: Reviewed as to form: By Mike Franell City Attorney Date: By David Lohman Legal Counsel for RVTD Date: -n .... CD CD ~ o N 01 ....... ~ o c.n o ~ 0 2 ~ rfl ?ft ..., rfl CD 3. 000 a a a "0 "0 "0 ~ o c.n o ....... ~ ...... ~ o ~ 01 ....... ~ ...... c.n o ~ 0 2 eft. rfl ~ CD 3. ~ ...... o o ....... ~ I\) o o ~ 0 2 rf!. ?fl ~ 003. a a "0 "0 o o ~ 0 2 ~ rfl rfl ~ ';fl. CD 3. W I\) 000 eft. eft rft 000 a a a "0 "0 "0 2 0 ~ ~ rfl ?fl. 3. W o ;,.g o o a "0 :D 0 0 0 U;" a a a CD "0 "0 "0 000 a a a "0 "0 "0 en - ... ." c: DI n ... 2'CD ... 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The attached Bargain and Sale Deed, if approved, would deed the property to Joe and Ruth Jarvis in exchange for several easements including a bike and pedestrian easement, public utility easement, storm drain easement and slope easement. Primary Staff Contact: Paula Brown 552-2411 ~ E-mail: brownp@ashland.or.us/-- Secondary Staff Contact: Jim Olson 552-2412 E-mail: olsonj@ashland.or.us Estimated Time: 10 Minutes Meeting Date: September 19 2006 Department: Public Works / En eering Contributing Departments' Approval: Martha Benne Background: In 1964, Karl Windbigler (now deceased) and Joe Jarvis created the Timberline Subdivision and dedicated Hiawatha Place, Starlite Place, Pinecrest Terrace, Ponderosa Drive and Timberline Terrace. Along the southerly boundary of the subdivision a 57-foot wide strip of land was shown between the east right of way line ofTimberline Terrace and Pinecrest Terrace. Because of the configuration of the parcel and the lack of detail by the original surveyor, it is difficult to determine whether this was or was not intended to be street right-of-way. Since this area is not shown as a lot with a corresponding lot number or as a designated open space, the Jackson County Assessor has listed the area as right-of- way thereby removing it from the tax rolls. Joe Jarvis, however, contends that the area was never intended to be a street and that the area was simply a buffer between the subdivision lots and his property to the south. He further contends that the future streets were shown by the dashed lines placed on the plat by the Surveyor and offers this as further proof that the area in question was not intended for street right of way. Physically the area is not suitable for street construction due to its steepness and the existence of a drainage way along much of the length. The age of the subdivision makes further substantiation difficult as the surveyor and the second developing partner are deceased and there are no city staff members with first hand knowledge of this plat. There are a number of anomalies on the plat which invite questions regarding the true purpose of this property: 1. The strip of land is 57 feet wide which is unusual in that most all other rights of way within the subdivision or 47 feet wide; 2. The property is not named nor is it shown as a street on the subdivision plat; 3. With a slope of over 25%, the area is too steep to allow construction of a street; 4. The map shows a solid line separating the street dedication on Timberline Terrace from this parcel; 5. There are several dashed lines on the plat that appear to represent future streets which do not relate to the presence of another right of way being located only a few feet to the north; 6. A recent lot book report by Land America Lawyers Title (commissioned by Joe Jarvis) shows the 57 foot wide strip of land to be vested in Joe P. and Ruth Jarvis. G:\pub-wrks\eng\dept-admin\SUBDIVIS\Timberline CC re 57 foot land 9 06.doc r~' The nature of this area does not lend itself to a vacation process. A vacation would not be of benefit to either the City or Jarvis as the title created would be of questionable value and this action would most likely not be acceptable to Mr. Jarvis. A possible legal action to resolve this dispute would be a suit to quiet title which could be initiated by Mr. Jarvis. Although the City could make a claim for the property, it may be difficult to prove as no public use beyond a narrow drainage way has ever been made of this property. Mr. Jarvis has a water well in use on this property. Mr. Jarvis has agreed to the settlement of this dispute by the attached deed with easement reservations. Related City Policies: The City Council has the authority to decide matters regarding disposal of properties through deed or by vacation depending upon type and use of the property as set forth in ORS Section 271.080 and 227.725 through 227.726. Council Options: Upon completion of the public hearing, Council may approve the attached deed to relinquish the City's right, title and interest in the 57-foot wide parcel as described, with easement reservations, or Council may decline to approve the deed and re-assert its ownership of the property through the pending suit to quiet title. Staff Recommendation: Staff recommends that the attached deed be approved including the reservation of a storm drain easement, pedestrian access easement and public utility and slope easement, for the following reasons: 1. The area is too steep to support motor vehicle traffic; 2. A vacation of the property would not be possible since that process would require 100% approval of the abutting property ownership which mayor may not happen. In addition, actual property ownership is questionable; 3. A suit to quiet title would be expensive and time consuming and would not guarantee that the City would gain title to the property; 4. The City's relinquishment of title of this property would place this area on the tax rolls again; 5. This action would assure that desired easements would be retained or acquired including a portion of the drainage easement located to the south of this property. Potential Motions: Council may move to approve the attached deed and authorize the Mayor and City Recorder to sign the document, or Council may reject the deed and defend its ownership of the property in any future suit to quiet title. Attachments: Deed Copy of subdivision plat Map of easements to be reserved and/or created G:\pub-wrks\eng\dept-admin\SUBDIVIS\Timberline CC re 57 foot land 9 06.doc r., C\Q ..z ~ o.(~ >-..J ~ ~:t ~ u(/)~ <> ~ ~~ z~ g~ ~~ ~~ CI.) o z~ VI .9l ~ ~~~~ sJ'" ~ ~~o~ ...~~g o~~1il ~~,,~ tlo.ffi~ o OJ :J ,.{j) ./ z o u.i 0::: o >-~ \- Z :::> o <.) :2: z 3: 0 ~ (j) W ,'::t:. a 0::: <! :- -:> (j) O'l t<) r= (j) ,t1,'t11r .. ~ ..~,..,.. .o~'.__t' . ': , ~ .6~'$'/ > .. " " "c; ~ .. . . .. .. ,~,'~rl 'r'/U." ; .~ t ~ ~ : ~ ~ ~ \, .. ':l ~ ~ .," ~ ~ ~ ~ ~: " "- ~ ~ .. , ~ ~' ~~ ,'; ~ . <i! w z o Z <! .J I (j) <! "- 'to .,. .. :0: to ---1 z 0 I- a 0::: w (f) W OJ ~ I- l.L. o >- \- a '" .. 'l; W I \- z .. Got . ~ "- { ~. 1,- :. ~ ~ ~. it ~ ,~. ~ ~ \i ~ ~ ~ -t ~ ~ ~~ ~ ~~. t ~ ~~ ~ ~ ,..' .. It) ~ :;.:~f ~ ~: I ~ ~ .~~ ~ ~ ~ , ... ;; "i"~ ..; .~ .~:~ ~ ~~.~ ,rr./ . fJd .6o'OU.. '..T.ro."'$' l~-I& 35..?77C.J /..'..'J./":-~"O /I},'..?,l/....:.'-;.CS- NC!J3J/D ;10 3'...1FJ.S '-z... ~ J-.,~ ~ ~ i ~\ ~ ,I~ " II. \> I.. I:: ,~ II, II) ,~ ~ '~ Il,\; .1:: ~ ~~ II ~ ~ I) \j .~ ... :(~ "'~ \:'~ :( \ ~~ ,;-.;: -<::~ ~'" ,,~ ~'\. '<:I' " \l ~,~ -l::;'~ , ~ ,- -.;.. c.. J: CJ) c: w z ~ o Q W I- ::> c.. CJ) Q u. o <( w c: <( ~ ~ ~ ,~ .~ ~ ~ . .. ~ t\ - ,. ~ " ~ '4 " ...... ~ to.. = '-\ ~ .. . ... ~ -- ~ ~ ... a. z 0 -. en 4> > C '-'... m ;::). en I. LL. 0 > a. e.. 0 c..:> W I, -I <( c..:> en ...J ~ ~ -I ;::) ~ LL. "- II ~ ~ , ~ .. ... ~ ~ " ~ ~. ~ , ~ .... ':t.: ..... " ~ .... ~ \j '" " '- ~ ') e~ .... ~t ~ .~' ..... !~ ~~ -.)~ ~ . ~ 11' ~ fI) ~O'\ ~ ..) "'I ' '" '" ~ "I-.: " ~I 'to- ~-, ~ tI) ~ ,: ~.: ~t ~ " .~ ~f : ~ ~ 1ft .~ ;... "1ltI G"" . ~ <\l :.. ... ..1"1'/ . 2~ . cO 'OZL. 'J. ~().O'~ " ~ ~ :;;~;":..':},~ ,. \ ~ " to. ~ ~ " .~ " .lea .. ~ It\ ~,. '" .... , " ~ " -; . ~ I ~ I . ,). ~ , I "- / "- " " " "'- " " .~..,# ..., ':I...I'~ '# "- I I I I I -- ----- GO .141 ... '//.,t,., . (1/ ::.. ." t-- "0 -, iii .LS' ,~- -- h ;; '-l.~ '.) '",,,~ "" ~..~ "- ""h. 411..... l-i tI) .L~ to- 101 .. " ~ GO . ~'.5 J 0 ./ J, 3.9.d770.:J /VO.9J<Yo /y,!,'.7/1..L.1 .v0.93YO -=/0 3'-LY..L '-- Grantor: Grantee: Return Document To: Consideration: Send Tax Statements To: City of Ashland, Oregon Joe P. Jarvis and Ruth Jarvis, husband and wife, Living Trust Joe and Ruth Jarvis P.O. Box 788; Phoenix, OR 97535 $ Joe and Ruth Jarvis P.O. Box 788, Phoenix, OR 97535 BARGAIN AND SALE DEED The City of Ashland, Oregon, an Oregon municipal corporation, Grantor, conveys to Joe P. Jarvis and Ruth Jarvis, husband and wife, Living Trust, Grantee, the real property described on the . attached Exhibit A. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. The true and actual consideration for this conveyance is $1.00 plus other property or value may be a part of the consideration. DATED this day of .2006. CITY OF ASHLAND BY John W. Morrison, Mayor State of Oregon County of Jackson BY Barbara Christensen, City Recorder This instrument was acknowledged before me on , 2006, by John W. Morrison as Mayor of the. City of Ashland, Oregon, and by Barbara Christensen, as City Recorder . of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: Exhibit A DESCRIPTION OF AN UNIDENTIFIED AREA LYING EASTERLY FROM TIMBERLINE TERRACE AND SOUTHERLY FROM BLOCK 3 OF TIMERLINE SUBDIVISION (Recorded) AND LYING SOUTHERLY FROM DEDICATED PEACHEY ROAD (now PINECREST TERRACE) IN SAID SUBDIVISION Commencing at a 1 W' iron pipe found for the most Westerly corner of Lot 1, Block 6 of TIMBERLINE SUBDIVISION in the City of Ashland, Jackson County, Oregon; thence along the Southeasterly right-of-way line of Pine crest Terrace (formerly Peachey Road) South 62028' 09" West, 91.98 feet to the TRUE POINT OF BEGINNING; thence continue along said Pinecrest Terrace right-of-way line South 62028' 09" West, 1.19 feet to a 12" iron pipe found for the point of curve; thence along the Southerly right of way line of said Pinecrest Terrace 198.70 feet on the arc of a 400.09 foot radius curve right (the long chord bears South 760 11' 18" West, 196.67 feet) to the point of compound curve; thence continuing along the Southwesterly right-of-way line of said Pinecrest Terrace 125.80 feet along the arc of a 158.62 foot radius curve right (the long cord bears North 670 12' 18" West, 122.53 feet) to the Southeast corner of Lot 6, Block 3 of said TIMERLINE SUBDIVISION; thence North 890 59' 38" West, 152.00 feet to a 5/8" rebar located at the Southwest corner of said Lot 6; thence North 89058' 03" West, 105.65 feet to the Southwest corner of Lot 7 in said Block 3; thence South 00 03' 46" East, 57.00 feet to the South line of TIMBERLINE SUBDIVISION; thence along said subdivision line, South 890 54' 56" East, 562.63 feet to the Southerly-Southeast corner of said subdivision; thence along an East line of said subdivision North 0003' West, 57.78 feet to the TRUE POINT OF BEGINNING, containing 0.51 acres, more or less. SUBJECT TO that 10-foot slope easement adjacent to the Southerly line of Pine crest Terrace as shown on the plat of TIMBERLINE SUBDIVION. RESERVING THEREFROM: A 10 foot wide pedestrian access and public utility easement located along the northerly boundary ofthe above described parcel adjacent to Lots 6 and 7 of Block 3 ofthe TIMERLINE SUBSIVISION as now recorded said easement to extend from the easterly right of way line of Timberline Terrace to the westerly right of way line of Pine crest Terrace (Peachey Road). ALSO RESERVING THEREFROM: A 10 foot wide drainage easement as further described on attached Exhibit B. CITY OF ASHLAND Memo DATE: TO: FROM: RE: September 15, 2006 Martha Bennett, City Administer Paula C. Brown, Public Works Director/~ REQUEST FOR STREET CLOSURE FOR SCULPTURE DEDICATION Lloyd Haines initiated a street closure process for the dedication of the sculpture made from the Alder Tree that was removed when the building was constructed at Lithia and N. Main. The dedication also commemorates the 150 years of the "Trail of Tears" and will be honored by the Native Peoples of Southwest Oregon. The gathering will be on September 30,2006 and is scheduled to attract approximately 300 persons. The initial celebration begins at Brisco School from 12 to 3pm, followed by a procession/parade down to the Shasta Building at the corner of Lithia and N. Main Street, with the dedication ceremony from 3 to 4pm. Initially the request was to shut down N. Main and have two-way traffic on Lithia. Staff does not support two-way traffic on Lithia Way, and was in favor of having one lane closed on both Lithia and N. Main around the Shasta Building. Jim Young and Robert met with staff after the initial approval and reiterated the request to close N. Main and proposed two-way traffic on Lithia. Staff looked at the option of closing N Main for the procession and the actual dedication of the sculpture for approximately 2 hours from 2:30 pm to 4:30 pm on September 30,2006. To enable an appropriate detour options, the south bound lane of N Main will be closed at Hersey Street and remain closed to Water Street. Traffic will be diverted up Wimer or down Hersey. Traffic on the side streets of Manzanita, Laurel, Bush and Church Streets will be closed between High Street and N. Main Street so that there is no traffic entering N. Main Street for those 2 hours. This closure has been discussed with the Police Department and is depicted on the attached permit. Initially staff recommended the parade travel on High Street and then down Church Street to the Shasta Building, but with the street closure, staff is recommending the parade travel down N. Main Street so that High Street can accommodate vehicle traffic. The police department and street division will handle the traffic control and closures on the day of the event. It is staffs understanding that agreement was made between City Administration and Lloyd Haines to share the expenses associated with the street closure. Initially this was to be approximately $1000, but is likely going to be $1800 with the additional street detours and signage. This will require additional personnel to set up the traffic barriers and to man the detour sites. If there are any questions, please contact me at 552-2411 (or Jim Olson at 552-2412). PUBLIC WORKS DEPARTMENT 20 E. Main Street Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-5587 Fax: 541-488-6006 TTY: 800-735-2900 rA' "W LJ II . e aftAe 1r e~e r-J 150 yeCl~s afte..- our T~C\il of Tea~s SClltlptllt~e DedicatioJ'l & Sesqllti'"""-'CeJ'lteJ'lJ'lial Celeb~atioJ'l t-loJ'lo~iJ'l9 Native Peoples of SOlltthwest O~e90J'l The Sc..,t! phu'e/ ct'eated by Russell Beebe Will Stand at the Cot'net' of Main & Lithia Way in Ashlandl Oregon D~lAmmiJ'lg DaJ'lci J'lg S i J'lg i J'lg Sto~y'""-' Tell i J'lg Agnes Bake~ PiI9~i,," SeptembeJ4 30) 2006 12'""-'3pm B~iscoe A~tWin9 265}\J MaiJ'l DedicatioJ'l 3'""-'4pm at the SClAlptlA~e Site call (541) 474 2690 .x. www.Agt'\esBakeI'"Pilgl'"im.ol'"g J20 CITY OF ASHLAND Telephone: (541) 488-5347 Fax: (541) 488-6006 'l1eering Division PUBLIC WORKS PERMIT APPLICATION .<..OPERTY OWNER INFORMATION CONTRACTOR INFORMA TI ON . 'A CT: ,DRESS: -'HONE: FAX: CCB NUMBER: CONTACT: E-- DURATION: ~o _ Y-~~ B] ~nSCELLANE0US.CONSTROC:rION: ',./} "Cost: $170.90'-;' ;;:::-'):"te::--_:L~~::/::;t~:;{r '8;.~;:::;~;?',::<:>.j;:;,~- - ," :';'" - ~ " ;,-';:.c,:~L-:U~~:::;;i;,:~t{2;;;?:;~t~;:'f _c'',:_,., ;~__~. '~:; \:;_.~ {;:.:.~.:ci" .' , Project Description: 4ii1 ENGRQA:CH: . ~{;>;r::-~;!?:r0$1;t;~:~~:~:frkf.~:,:':;z~<\i - ~ffected Tax Lots: REQUIREJ'vfENTS: 1. ALL WORK SHALL CONFORlvI TO THE City of Ashland ENGINEERING STANDARDS & ORDINANCES 2. NOTIFY PUBLIC WORKS INSPECTOR AT 488-5347 AT LEAST 24 HOURS PRIOR TO START OF WORK. 3. A IT ACH DRA" NG INDI€A TING LOCATION OF CONSTRUCTION WITH RESPECT TO CURB OR PROPER'IY LINES.. G;lpub-wrkslengldept.adminlPublic Works Permit 2005,doc .r , CITY OF ASHLAND NOTICE OF TRANSMITTAL TO: Paula Brown Ron Goodpaster Keith Woodley Mike Morrison Sr. John Peterson DATE: PROJECT: JOB NO.: SUBJECT: August 25, 2006 Sculpture Dedication Street Lane Closures THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Copy ofODOT permit 08M-38667 for lane closures on Lithia Way and North Main Street for Saturday, September 30,2006 from 2:30 PM to 4:30 PM. ENCLOSED X UNDER SEPARATE COVER REMARKS: This activity includes a dedication of a sculpture at the newly completed Shasta Building and a Sesqui-Centennial celebration honoring native peoples of Southwest Oregon. During the ceremony the north lane of North Main Street (and all parking) and the south lane of Lithia Way between Helman Street and Water Street will be closed. The City has agreed to equally share labor and equipment costs with Lloyd Haines so please track your costs for this event. The permit fee was paid by Mr. Haines. COPIES TO: Department of Public ~r By: James H. Olson Title: City Surveyor / oJ ct Manager PUBLIC WORKS 20 E. Main Street Ashland, Ore!jOll9752O WWW.aShland.or.us Tel: 541-488-5587 Fax: 541-488-6006 TTY: 800-735-2900 rA' ~i G:\pub-wrks\eng\STREImNorth Main Haines Closure 8 06.doc < .. APPLICATION AND PERMIT TO OCCUpy OR PERFORM OPERATIONS UPON A STATE HIGHWAY PERMIT NUMBER See Oregon Administrative Rule, Chapter 734, Division 55 CLASS: GENERAL LOCATION ;HWAY NAME AND ROUTE NUMBER 99 (N. Main St./Lithia Wa ) COUNTY 63 15 = JACKSON BETWEEN OR NEAR LANDMARKS N. Main-Helman St. to Water St. & Lithia Wa HWY. REFERENCE MAP DESIGNATED FREEWAY DYES D NO APPLICANT NAME AND ADDRESS City of Ashland 20 E. Main St. Ashland, OR 97520 r-f3URIED LJCABLE TYPE D PIPE LINE TYPE IN U.S. FOREST DYES D NO D NON-COMMERCIAL FEE AMOUNT SIGN $150.00 [Z] MISCELLANEOUS OPERATIONS AND/OR FACILITIES AS DESCRIBED BELOW DETAIL LOCATION OF FACILlTY(For more space attach additional sheets) i!ii1tli.. .n.. .0,19 ~.i<y, Tyler Douglas 488-5347 MILE MILE ENGINEERS ENGINEERS SIDE OF HWY OR DISTANCE FROM BURIED CABLE OR PIPE SPAN POINT TO POINT STATION TO STATION ANGLE OFCROSSING CENTER OF PVMT R/W LINE DEPTH/VERT. SIZE AND KIND LENGTH N. Main 19.03 19.11 Lithia Way 19.03 19.15 L ; , I I DESCRIPTION AND LOCATION OF NON-COMMERCIAL SIGNS OR MISCELLANEOUS OPERATIONS FACILITIES Permit is for encroachment into parking area and left traffic lane in each direction for community activities related to dedication of Shasta Building between the hours of 1 :OOpm and 5:00pm. SPECIAL PROVISIONS (FOR MORE SPACE ATTACH ADDITIONAL SHEETS) TRAFFIC CONTROL REQUIRED - OPEN CUTTING OF PAVED OR SURFACED AREAS ALLOWED? · [Z] YES [OAR 734-55-025(6)] D NO . D YES [OAR 734-55-100(2) IZJ NO (OAR 734-55-100(1) · AT LEAST 48 HOURS BEFORE BEGINNING WORK, THE APPLICANT OR HIS CONTRACTOR SHALL NOTIFY THE DISTRICT REPRESENTATIVE AT TELEPHONE NUMBER: OR FAX A COPY OF THIS PAGE TO THE DISTRICT OFFICE AT: SPECIFY TIME AND DATE IN THE SPACE BELOW. · A COpy OF THIS PERMIT AND ALL ATTACHMENTS SHALL BE AVAILABLE AT THE WORK AREA DURING CONSTRUCTION. · ATTENTION: Oregon Law requires you to follow rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR 952-001-0010 through OAR 952-001-0090. You may obtain copies of the rules by calling the center at (503) 232-1987. CALL BEFORE YOU DIG 1-800-332-2344 COMMENTS - ODOT USE ONLY See attached exhibit. Traffic control shall comply with MUTCD requirements. Applicant to provide at least 48 hours advance notice to local media. No marking of pavement is permitted IF THE PROPOSED APPLICATION WILL AFFECT THE LOCAL GOVERNMENT, THE APPLICANT SHALL ACQUIRE THE LOCAL GOVERNMENT OFFICIAL'S SIGNATURE BEFORE ACQUIRING THE DISTRICT MANAGER'S SIGNATURE. LOCAL GOVERNMENT OFFICIAL SIGNATURE TITLE DATE APPLICATION DATE TITLE P/2 C?::-/ #lWlk- /' DISTRI T MANAGER OR REPRESENTATIVE TELEPHONE NO. -5347 APPROVAL DATE en I application is proved by the Depertment, the applicant is subject to, accepts and appro the terms and provisions contained and attachad: and tha terms of Oregon Administrative Rules, Chapter 734, Division 55, which is by this reference made a part of this permit. x 6 "'24-o~ 734-3457(7-06) ~ .01 '~ o , gi 11')1 ',6..,' I ~U ~j, ~;j iii ...~.[..;:.. g!i ,,-',II l~!'I: . II.... il~i UNI Ilgl .,Et ii~ ,;i~J !;~ i'~ Ii '::( ,=E \~ I ~ ~ .3 (j ",,;~ ~1 ; .~ ~\'\ ....' ~.." ~--''''..~,.'''.''.,., r .. .\,,\ ;,' . c.." 51 vr\.\ERSE'< I . . '51' ~\~ER " . . . . . , . _..w:,.~'" ~LJ"" s"i, " . BRISCOE SCHOOL '~'. \.~~ .~\ ~~\- 'I,)-'V s ',. . . . "I; , '~ \' '. . . ;'/;;:". ,:;/~::::' '" ~l., ;I@/, '~/ . . . . . c:;.. I", .S ~' 0.-::)'5' v,~;.. I ~.j .,.,.~~. ! ......~ ~-t -te:SS Genernl Notes 1. Purude route is froM Briscoe School to the Shustu Building u t 96 N. Muin St. 2. South bound lune of N. Muin St. will be closed u t Hersey St.) Trufflc cun turn right onto \v'iMer St. or turn left onto Hersey) they will continue on Hersey to either Duk St or to Mountuin Ave. 3. The North bound lune of N. Muin St. will reMuin open with no left turns ullowed froM Duk St. to Hersey St. 4. Side rouds in this stretch on the south west side of N. Muin will be closed u t both High St. ~v 't, ''-/ ~ j ~ Cf-t~ ~v .'/_~.i ",/;j;/' . ::"{~,' ****8Na9F'le~~j4a3E , ~c~ c.~~ ~i'V^. ,.:', ''>'~' ,~i'" " I:!?i' :!ri" ~i ~ CITY OF ASHLAND Council Communication Contract to Lease the AFN Headend to Provide CATV Service Meeting Date: September 19, 2006 Department: Informa' Technology Contributing Departments: Legal Approval: City Administ~ ,ity Attorney Statement: This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public contract with Ashland Home Net to lease the City of Ashland's cable television analog video headend and all the associated equipment to provide professional cable television services within the City of Ashland. Primary Staff Contact: Joseph Franell E-mail: franellj@ashland.or.us Secondary Staff Contact: N/A Estimated Time: 60 Minutes Staff Recommendation: The Evaluation Committee recommends that the Public Contract to Lease the City of Ashland's Cable Television Analog Video Headend and provide cable television services within the City of Ashland be awarded to Gary Nelson of Ashl.md Home Net. This recommendation is contingent upon an independent legal review of the RFP process for this lease. The results of the review will be provided to the Council on Tuesday, September 19, 2006. Background: During the May 1, 2006, council meeting, the Council voted to discontinue cable TV services through AFN because the cost associated with that service was viewed as being prohibitive and the City was unable to legally restructure the product to reduce cost due to programming contract obligations. Subsequently, the budget for AFN for FY2006/2007 was developed and approved. Based on the decision to transition out of the cable TV (CATV) business, that budget assumed that a reduction in customers and associated reduction in programming costs and other related expenses would occur over the first six months of the fiscal year. In an effort to; complete that transition in a timely manner, maintain competition in the Ashland marketplace, stabilize the AFN internet customer base, and keep cable TV prices low, the City of Ashland decided to pursue selection of a third party to provide CATV utilizing the city owned network. Sourcing Method: A Competitive Sealed Proposal (Request for Proposal) is the sourcing method for this public contract. In accordance with (lAW) AMC 2.50.070, all applicable public contracts shall be based upon formal competitive selection requirements of Oregon Revised Statutes (ORS) 2798.050(1) - which states that a contracting agency shall award a public contract for goods or services by competitive sealed bidding under ORS 279B.055 or competitive sealed proposals under ORS 279B.060. In accordance with (lAW) AMC 2.50.050, the City has adopted the Attorney General Model Rules (OAR - Oregon Administrative Rules) to implement the Oregon Revised Statutes (ORS); therefore, the statutes and rules for a competitive sealed proposal (Request for Proposal) can be found under ORS 279B.060 and OAR 137-047-0260. r~' Staff chose to use the Request for Proposal method for selecting the best operator for the cable, TV system in accordance with (lAW) Oregon Revised Statutes (ORS) 279A.015, in order to: - "Instill public confidence through ethical and fair dealing, honesty and good faith on the part of government officials and those who do business with the government." ORS 279A.015(2) - "Clearly identify rules and policies that implement each of the legislatively mandated socioeconomic programs that overlay public contracting and accompany the expenditure of public funds." ORS 279A.015(4) - "Allow impartial and open competition, protecting both the integrity of the public contracting process and the competitive nature of public procurement. In public procurement, as set out in ORS chapter 2798, meaningful competition may be obtained by evaluation of performance factors and other aspects of service and product quality, as well as pricing, in arriving at best value." ORS 279A.015(5) Public Notice Requirements: ORS 2798.060(4), states that the Public Notice of the Request for Proposal shall be given in the same manner as provided for public notice in Invitation to 8id in ORS 2798.055(4) which states that a Public Notice is intended to foster competition and the solicitation shall be provided to prospective proposers. A Public Notice must be published at least once in at least one newspaper of general circulation in the area where the contract is to be performed at least seven (7) days before the solicitation closing date. The contracting agency may also use any other medium reasonably calculated to reach prospective bidders or proposers. AMC 2.50.080 states that the City may publish a public notice electronically. The content requirements of a Public Notice can be found in OAR 137-047-0300. The following table is being provided to recap the numerous efforts that were made to foster competition and interest in the RFP. In addition to the minimum requirements of public notification, there were additional Public Notices published in order to extend the reach for prospective proposers. ORS - OAR ORS 2798.055(4)(D * ". . .other medium reasonably calculated to reach prospective proposers." OAR 137-047-0300 1 a DATE 07/31/2006 08/01/2006 08/02/2006 ORS 2798.055(4)(b) *One day required 08/04/2006 08/07/2006 AMC 2.50.080 *May publish electronically OAR 137-047-0300(1)(c) *May publish electronically in accordance with ORS 2798.055(4)(b) *One da required OAR 137-047-0300(4) *Requires public notice be posted at principal business office of contractin a enc 08/02/2006 Until closing 08/0212006 Until closing PUBLIC NOTICE Phone calls made to prospective proposers *Verified addresses and contact names *Conveyed the importance of two factors regarding the RFP process: Mandatory Pre-Proposal Conference and Point of Contact for RFP process Mailed Request for Pro osal to 17 prospective roposers Public Notice - Ashland Daily Tidings *Mandato Pre-Proposal Conference in bold t pe Public Notice - Ashland Daily Tidings *Mandato Pre-Pro osal Conference in bold t pe Public Notice - Ashland Daily Tidings *Mandato Pre-Proposal Conference in bold t pe Public Notice - www.ashland.or.us Posted Public Notice on Administration bulletin board upstairs City Hall r., Mandatory Pre.Proposal Conference: ORS 2798.060(6)(a) grants the authority to conduct group discussions and/or other informational activities for the purpose of ensuring the full understanding and responsiveness to the solicitation requirements. The notification requirements for any pre-offer conference can be found in OAR 137-047-0260(A). In accordance with OAR 137-047-0420, the City required a mandatory pre-proposal conference, as set forth on Page 5 of the RFP, to provide a project overview, a walk-through of the facility, and an opportunity for the potential proposers to ask questions. The mandatory pre-proposal conference was scheduled 10 days after the release date and 14 days prior to closing in accordance with the timing requirements set forth in OAR 137-047-0420(3), which states that the pre-proposal conference shall occur "a reasonable time" after the release of the RFP but "sufficiently before the closing" to allow proposers to consider the information provided at the conference. In accordance with the commentary provided in response to OAR 137-047-0420, which can be found on Page 250, Section 5, of the Attorney General Model Rules, if the pre-proposal conference is made mandatory, the agency will decline to consider offers received from those persons who did not attend. Nine (9) individuals signed in at the mandatory pre-conference at 10:00 AM on Thursday, August 10th. Others attended but did not sign in as potentially being interested in responding to the RFP. Two proposals were received by the due date of 2:00 pm on August 24th. An evaluation committee was formed to evaluate the responses to the Request for Proposal. The committee consisted of; Lee Tuneberg (Finance Director), Russ Silbiger (City Councilor), Joe Franell (Information Technology Director), Richard Holbo (Computer Services Superintendent), and Michael Ainsworth (AFN Operations Manager). Each member of the committee individually scored the responses to the RFP based on the specific evaluation criteria detailed on page 15 of the RFP. Scores were then totaled and presented to the committee for decision. Ashland Home Net received an average score of 118 points while the other proposer (Dan Nelson - Community Media) received an average score of 78. Based on the significant difference in the scores, the committee unanimously recommended that the City pursue contract negotiations with Ashland Home Net - Gary Nelson. The City Attorney produced a contract that included the details of Ashland Home Net's proposal and the terms of that contract have been accepted by Ashland Home Net - Gary Nelson. The contract not only assures that Ashland citizens will continue to have a choice for cable TV but also includes these benefits: Monthly lease fee ($1500) Revenue sharing (7% of gross revenues) Contractual assurance of relevant programming Continued payment of franchise and PEG fees The Notice of Intent to Award a Public Contract was released on September 8, 2006 - at least seven days before the award of a public contract in accordance with ORS 279B.135 - in order for the protest period to expire prior to the Council Meeting scheduled for September 19,2006. The contract award will be final upon receiving the approval of the City Council, acting as the Local Contract Review Board. rA' Ashland Municipal Code Attorney General Model Rules Because of concerns about a shortened timeframe and other issues, staff has contracted outside legal council to review the entire RFP process. The report of that evaluation will be provided to Council on Tuesday, prior to your action. Potential Motions: Council moves to approve the Contract for Cable television Services with Ashland Home Net Or Council moves to approve an amended Contract for Cable Television Services. Attachments: List of Recipients List of Recipients who attended Mandatory Pre-Proposal Conference Protest Letters and Responses to Protest Letters Final Evaluation Results (Memo) Final Contract r., List of Recipients: Ashland Home Net - Gary Nelson Paul Collins Computer Country Internet Services - Mel and Mark Hamilton Hunter Communications - Rich Ryan InfoStructure - Ryan Mallory Jeff Net - Paul Westhelle MagicWave LLC MightyNet LLC - David Hand Lenny Neimark Dan Nelson Open Door Networks - Alan Oppenheimer Project A - Paul Steele Allan Sandler Elvin Silveous David Terry Unicom Lincoln Zeve r.t.' List of Recipients who attended Mandatory Pre-Proposal Conference: Gary Nelson - Ashland Home Net Jim Teece - Project A Dan Nelson Paul Steele - Project A Elin Silveoos Allen Douma - Empower, Inc. Alan Oppenheimer - Open Door Networks Richard Ryan - Hunter Communications Lenny Neimark - Staff Management, LLC r., --- woo ..T....lIl.......I . 8'1 Karl Olson, Purchasing Representative City of Ashland I Ashland Fiber Network 90 N. Mountain Ave. Ashland, OR 97520 To Whom It May Concem: In response to the City of Ashland's "Request for Proposal- Cable TV Services- dated July 31, 2005 and the letter titled "Addendum #1 - RFP for Cable TV Services- dated August 3, 2006, Plime Time Ventures, d.b.a. InfoStructure (IS) respectfully requests the following professional courtesies: ***URGENT*** August 11, 2006 1) Late inclU$ion in the above noted RFP process due to circumstances beyond our control 2) Waiver of, or a special session relative to the "mandatory pr&-prOposal conference" noted on page five (5) of the RFP document noted above The following problemS have prevented InfoStructure from participating ,n a timely manner: - lam the most qualified and appropriate individual to manage and participate in the process on the InfoStructure's behalf (Ryan Mallory, General Manager). Although InfoStructure has been prepared to participate lnthe RFP process for CATV contracting with the City of Ashland, said RFP was originally discussed with representatives several months prior to its mailing, postmarked August 1, 2006. The physical move of IS to Tatent further delayed the receipt of the proposal by several days (received on 8I8J06). I was Unable to review the documentation due to a SCheduled vacation spanning from 811/06 through 8/14106 that was planned Smonths in advance. I was located in remote parts of Alaska that prevented forwarding of the RFP and attendance to the mandatory meeting. Fax, amail, and cellular services were not readily available for my staff to communicate with me. - Other representatlvesof InfoStructure did not attend the meeting due to the RFP package being ma'led spectflcafly to my attention. The package was not marked urgent, sent by certified mail, or mari<ed with a deadline, so it was placed In my mailbox an left unopened per company policy. I did, however, pick it up and review it immediately upon returning to the area and hearing that a package from AFN was waiting for me. Due to delays in delivery of the RFP package that strayed from original discussions with AFN, I thought it reasonable to assume the RFP would not be delivered and due duling my vacation. I and the owners of Prime Time Ventures. LLC believe InfoStructure Is one of the most capable companies to successfully perform In regards to the RFP. SaOl'ificing InfoStructure as epotentlal contractor would not be In the project's or citizens' best interests. Please accept my humble apologies for the lack of response and attendance. Please offer solutions directing me on how to rectify the situation. A response within 5 business days would be deeply appreciated as there is much work to be don give theRFP process and the City of Ashland the due dillgence they deserve. ~ ... CC: Joe Frenell, Director of IT - COA Jeff Rhoden. Managing OWner -IS Scott Hansen, Managing Owner-IS ....v~-,~. ~~ 288 South Pacific Highway . Talent, Oregon 97540 . Ph (~X (541) 488-7699 P tf) /. JP.11;fL f!; ""If; R ,_ /96.:2- .. August 16. 2006 CITY Of ASHLAND Ryan R. Mallory InfoStructure 288 South Pacific Highway Talent, Oregon 97540 Subject: "Official Protest of AFN CATV RFPProcess" Letter dated August 14,2006 Dear Ryan, This letter is being provided in response to your letter of protest dated and received on August 14,2006. From your letter, it is my understanding that your first area of concern is in regards to tbe way you were notified of the Request for Proposal for Cable TV Services. We would like to reassure you that numerous efforts were made by City staff to encourage participation in tbe RFP process, which included phone calls and public notices. Under ORS 279B.060(4)it states that a public notice must be given in the same manner as provided under ORS 279B.05.5(4). Under ORS 279B.055(4)(b) it states that a Public Notice must be publisbed at least once in at least one newspaper of general circulation in the area where the work is to beperforrned. We published the Public Notice in the Ashland Tidings "three" 3--days (812, 814, Sn) - not just "one" .in order to extend the reach forprospective proposers and to alert them of the fact that there was going to be a Mandatory Pre-proposal Conference. The Public Notice clearly emphasizes the importance of the Mandatory Pre-proposal Conference in bold print. The same Public Notice was also posted on the front page of the .official website for the City of Ashland beginning August 2. 2006. As another means of contacting prospective proposers. pbone calls were made to interested individuals and companies letting them know the RFP was going to be mailed to them and to emphasize the importance of attending the mandatory pre-proposal conference. Karl Olson, our purchasing agent, phoned lnfoStructure on July 31, 2006 and asked to speak to Ryan Mallory. The person who answered the pbone told Karithat Ryan MalJory was on vacation. Kari tben proceeded to tell this person wbo she was and that she would be sending a Request for Proposal for Cable TV Services. Karl also told him that she would be the designated contact for tbe RFP and that there is going to be a mandatory pre~proposal conference so it is important to read about it in tbe RFP. This person also gave Kari the new Talent address and confirmed for ber that she should mail the Request for Proposa110 the Talent address. ... ADIIIIfIlTMTION 2O.sa MalI\. Slrl!Ill AshlIIild. Onlgon GJ520 WIiIiW.IliltIll!iIlIIJ)(.\I$ let 541~ Fax: 541~1t iN: llIJO.735-2900 ,.-. , _OIl<<a:1Clm_ . Kari does not recall tbe name of tbe person that sbe spoke witb,but believed he understood the importance orher call because he told her she should speak with Chris Harris and he advised her to leave a message for Chris Harris. Karl then left a message for Chris Harris. I am enclosing copies of the Public Notice. as wen as, the receipt showing that an RFP was mailed to an address in Talent on August 1, 2006. InfoStructure was the only recipient of the RFP with a Talent address. The second issue in your letter refers to a class of contracts that are exempt from the competitive selection requirements. Regardless of whether or oot a single or class of contracts is exempt from a formal competitive selection process. the City of Ashland may decide to forego the exemption and conduct a formal competitive sealed proposal process (Request for Proposal) for goods and services.. The City of Ashland made the detenninationthat a Request for Proposal would be the most advantageous means of encouraging interest in the project and creating a fair playing field for an interested individuals or companies. In doing so, in order to present a fair playing field, we chose to follow our own contracting rules and procedures. which incorporate the rules and procedures under the Attorney General Rules. It also requires all of the prospective proposers to abide by the rules and procedures as they are outlined in the RFP. The third issue you raise is more of a testimonial about your company rather then a specific point about the RFP. However, you do mention "fair bidding process". The competitive sealed proposal is designed to provide a "fair" competitive selection process for evaluating proposals. And, the reason thisRFP is creating a fair playing field is because we are following the procedures as they are outlined i~ the RFP. The RFP specifically states the following: MANDA TORY PRE-PROPOSAL CONFERENCE All potential proposers are required fa attend the MandatOI)' Pre-Proposat Conference. The City wilt only accept proposals from the individuals or from the companies who had a representative present at the mandatory pre-proposal conference. The Mandatory Pf6..ProposaI Conference will consist of a project overview, a wale-through of the facility. and an opportunity for the potential proposers to ask questions. Verbal statements made by the City of Ashland representatives at the Mandatory Pre-Proposal Conference do not change the RFP document unless the City of Ashland oonIitms such changes with a written addendum to the RFP document. The "Mandatory" Prt-Propo$al Conference is scheduled for the following date and time. Day & Date Thursday, August 10, 2006 Time: 10:00AM Location; City at Ashland, Service Center, 90 N. Mountain Ave It specifically states in the RFP. that the City will only accept proposals from the individuals or from the companies who had a representative present at the mandatory pre-proposal conference. Your company was NOT represented at the conference; therefore, the City can not accept a proposal nom your company. It is extremely important for the City of Ashland to follow the procedures as they are outlined in the RFP to maintain the integrity of the process and continue ... ADMlNISTJtATION 20 EIIIIl MainS... ~ Clnl!PI W52ll _allihlllrctcnlll Tel: S.tl..t88.&102 f u: 541-446-5311 nY: Dm2!lOO to' maintain a fair playing field fO'r the prospective proposers who have oomp.lied thus far with the requirements O'fthe RFP. Once again, we would like to' thank you far yO'ur interest in the Request for PrO'posal; however, we win nat waive the requirement to' attend the MandatO'ry Pre-proposal CO'nference. Itis extremely impO'rtant to' fO'llow the procedures as they are O'utlined in the Request fO'r Proposal to' maintain the integrity O'fthe process; therefore. your request has been denied. Thank YO'U. Respectfu , ~~ Acting Contracting Officer cc: Joe FraneH Mike Franell Kari Olson Lee Tuneberg ;' ADMlMISTRA'f1OH 20 East Mail Shet Ashland, ~ 91520 wlINAlllhtilnd.Clt .1IS Tel:541~ Fa.: 541~11 iN: aoo.73S-~ ~'t-'" '.' .t, l<ari Olson, Purchasing Repl'8Mntative City of Ashland I Ashland Fiber Network 90 N. Mourrtaln Ave. Ashland, OR 91520 ***URGENT*** August 14,2006 SUBJECT: Official Protaet of AFN CATV RFP Prooeaa To ~ It May Concern: this letter serves .. an offtci8I protest of the process as ouIlnedin the Request for Proposal (herein referred to as the "RFP") for Cable TV SeMees (herein referred to as "CATV") dated July 31, 2006 and postmarked August 1, 2006 from the City of Ashland. Oregon and more spedftcdy, Ashland Fiber Network (herein referred to 8s"AFN"). We requ.t that this offk:ial protest be filed on behalf of Prime Tlme Ventures. LLC d.b.a. InfoStrueture (Ashland Business License Regil.tration No. BL..()03710 herein referred to as "S") located at 288 South Pacific Highway (a.k.a, Hwy 99) in Talent, Oregon. An correspondence relative to this protest thouJd be delivered to: Prime Time Ventures, LLC d.b.a. InfoStructure ClO Ryan Mallory, Jeff Rhoden, SCott Hansen 288 S. Pacific Hwy. Talent, OR 97540 Other means of communication should be directed to: Phone: (541) 488-1962 Fax: (541) 488-7599 Emall: catv@mind.net Seardtas through pubic contracting sections of the State of Oregon Code and Ashland Municipal Code turned up severel notable discrepancies that lead to questions about the legality of the CATV RFP process. As 8 courtesy to the urgency and nature of the AFN CATV RFP process as well as respect to our business partners at AFN, we are filing this document using only the three most significant points of protest. IS reserves the right to amend said protest to include additional examples of the RFP process that may have strayed from the legal public process as neceuary in a court of law, The owners and management of IS believe that the following Items have prevented is from participating in a fair bidding process relative to the AFN CATV RFP: 1 )The possibility of anRFP for contracting to deliver CAtv set'Vices In the City of Ashland wash noted by Joe FraneJl, the Director of AFN, on Monday, May 22, 2006. On Tuesday, May 23, 2006 288 SouthPlcmc Highway. Talent, Oregon 97540 . Ph (541) 488-1982 . Fx (541) 488-7$" ----rn-r--------- -- .--~ ,. .. ..' IS General Manager Ryan Mallory emailed Mike Ainsworth, a representative of AFN that IS would like to be Included in the bidding process, to which Mike Ainsworth replied positively on the same day. Throughout Ryan MaIory's foHow up relative to CATV Servic:es, regular reference was made to the RFP -being ready in a month or so: After not receiving the RFP for more than two months after .the$e discussions, all key personnel at IS thought It reasonable to assume the proee$$ had been delayed beyond normal expectatlonalS personnel also thought It reasonabie to assume, given our obvious Interest In participating in the RFP process and the delays, that we would be personally contacted by email and/or phone when the proeetS moved forward. All other discussions about the process happened by phone, emen, and in person. The means of communication chosen in the beginning of discussions about CATV services set a reasonable precedanoe relative to how future communications would be Introduced and could be expected. The RFP resulting from the original discussions was dated July 31, 2006 and postmarked August 1, 2006. Due to delays in mail reaching IS refated to the recent relocation of the business, the RFP was not actually delivered to IS untHAugust 8, 2006.. It was delivered via regular mail to the attention ofMRyan Mallory.- I (Ryan Mallory) was on vacation when it was delivered. As is standard operating procedure and solid securlty and privacy policy at many businesses, my mail is not epened unless it is delivered via certIfled mail, marked urgent. or marked with a deadline on the envelope. The RFP contained the date of a mandatory meeting for proposers, scheduled Thursday, August 10. 2006 at 10:00AM on the third page of said document. I did not retum to the geographlo ares from vacation until the evening of August 10, 2006. The RFP package was not opened until Friday, August ii, 2006 when I checked my Incoming mall. This left ma, and therefore InfoStructure, no possible opportunity to participate In the mandatory meeting and therefore meet the terms of the RFP. I and the owners of InfoStructure believe that our business's right to participate was therefore sacrificed due to the late availably of the RFP, the lack of communication about delays in delivering the RFP. the impractical nature of addressing it to a speclfic person, and the less than ample time allotted between mailing the RFP and the first deadline dlotated by the process. Even two weeks notice would have assured that the RFP was delivered and opened by the executive It was addressed to and all terms mat. 2) Ashland Municipal Code Chapter 2, Section 50.070, paragraph 1 (2.5O,07Op1) in the last line reads "The following classes of publlo contracts are hereby exempted from the formal competitive selection requirements of ORS 2798.050(1) andORS 279C.335{1}:" and then lists several exemptions. exemption "L" reads MContracts for purchase or sate of water, electticity, cemetery lots. cable and telecommunications services, including Internet bandwidth. and the sale of telecommunloation materials orproduets or other servloes, and materials or products traditionally provided by the City: Representatives of IS believe this part of the municipal code lends to assumptions that the RFP for CATV. a communications service, would not adhere to the standard Municipal RFP procedures. Representatives of IS have observed actions outside of the normal RFP process in practice many times prior to this incidence and throughout dealings with AFN. 3) We at IS believe that our business offers one of the most viable and experienced contractors available to assist AFN with It's CATV leasing efforts, Given that all ORS and portions of municipal code relative to a fall' bidding process were designed to offer the citizens of Ashland the best contractor available relative to the City's interests. Not accepting IS's proposal relative to the RFP would therefore do a disservice to the public good. . 288 South Pacific Highway . Talent. Oregon 97540 . Ph (541) 488-1962 ..Fx (541) 488-7599 , *," ~.. .. " In fight of these numbered arguments Prime Time Ventures, LLC d.b.a. InfoStructu1'8 respectfully requests that Info$truclure be Included in the CATV RFP process without regard to lack of presence at the mandatory meeting. ISrep1'8sentat1ves are willing to prevent delays in the RFP process as long as the City can offer a response to this protest within three days of the delivery date of this letter (by August 17, 2006). If favorable resr;x>nse can not be supp&ted in the requested time frame. IS reps request that the RFP process be halted untillts legality can be examined by the State 010 CC: Joe Franell, Direclor 0' IT . COA Jeff Rhoden, Managing Owner" IS Scott Hansen, Managing Owner" IS - 288 South Pacific Highway . Talent, Ortgon 97540 .Ph (541) 48a..1962 . Fx (541) 488.7599 Information Technology Department 90 North Mountain Avenue Ashland, Oregon 97520 (800) 735-2900 City of Ashland Memo To: Record From: Joseph Franell cc: Date: 9/14/2006 Re: FINAL RESULTS OF EVALUATION PROCESS - RFP CABLE TV SERVICES The evaluation committee members held several meetings to review, evaluate, and score the proposals submitted in response to the RFP for Cable TV Services. Proposals were received from the following prospective proposers: Gary Nelson, Ashland Home Net Dan Nelson, Community Media On August 29,2006, interviews were conducted individually with the two prospective proposers. At the conclusion of the interviews, the members of the evaluation committee each completed their individual evaluation forms for the proposals. A final meeting was held by the evaluation committee to review the results of the process and to confirm the final contract recommendation. The individual scores recorded by each member of the evaluation committee are summarized below. GARY NELSON Total DAN NELSON Total ASHLAND HOME NET Average Score COMMUNITY MEDIA Average Score EVALUATOR EVALUATOR Question 1 2 3 4 5 1 2 3 4 5 1 P P P P P P P P P P P P P P 2 P P P P P P P P P P P P P P 3 P P P P P P P P P P P P P P 4 20 20 15 25 25 21 105 20 20 15 20 20 19 95 5 35 25 20 38 35 31 153 15 15 20 35 30 23 115 6 20 20 10 19 15 17 84 10 0 10 15 10 9 45 7 15 15 10 14 15 14 69 5 5 5 10 5 6 30 8 10 15 10 10 13 12 58 5 0 5 5 5 4 20 9 23 23 19 29 26 24 120 15 13 13 21 23 17 85 123 118 84 135 129 118 589 70 53 68 106 93 78 390 III After reviewing the summary of scores, references, and interview process, the evaluation committee members concurred that the highest ranking proposer is Gary Nelson of Ashland Home Net. Each of the proposals that were received exhibited strong skills and attributes; however, the proposal submitted by Gary Nelson of Ashland Home Net, as well as the interview process conducted personally with Gary Nelson, clearly provided justification for the higher scores. The key points of the highest ranking proposal are as follows: 1. Identified in detail the qualifications and experience of key personnel 2. Currently has an Ashland business and storefront presence, which includes an existing and functioning billing system for a subscription based service. 3. Clearly demonstrated the experience and the ability to provide and operate a customer service based business. Business has been operating locally for more than five years. 4. Emphasized the importance of having a "community tier" 5. Accepted the City's contract terms and conditions 6. Received strong recommendations from references, some of which were local Ashland business owners 7. Proposed acceptable fee arrangement Based on the results of the evaluation process, it is our intent to award the contract to Gary Nelson of Ashland Home Net. On behalf of the Evaluation Committee, I will be presenting the contract recommendation to the City Coun~il at the next council meeting scheduled for September 19, 2006. Respectfully, Joseph Franell Selection Committee Chairman/Information Technology Director City of Ashland . Page 2 City of Ashland CONTRACT for Cable Television Services Contract for cable television services made on the day of , 2006, between the City of Ashland, Oregon, acting by and through its Ashland Fiber Network Cable TV Division (AFN) and (Contractor). Recitals: A. On AFN issued a request for proposals (RFP) for work needed by AFN for cable television services. B. Contractor submitted a proposal in response to the RFP on C. After reviewing Contractor's proposal and proposals submitted by other offerors, AFN selected Contractor to provide the services covered by the RFP. AFN and Contractor agree as follows: 1. Relationship of Contract Documents: In response to the RFP, Contractor submitted a proposal which included a Business Plan and a Marketing Plan, all of which are attached hereto and incorporated herein. Except as provided in paragraph 1.1, in the event of any inconsistencies in the terms of this contract, the RFP or the Contractor's proposal, this contract shall take precedence over the RFP which shall take precedence over the proposal. 1.1. Exceptions: 2. Relationship between AFN and Contractor: Contractor accepts the relationship of trust and confidence established between Contractor and AFN by this contract. Contractor covenants with the AFN to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of Contractor's caliber in the locality of the project. Contractor further covenants to cooperate with AFN, AFN's representatives, contractors, and other interested parties in furthering the interests of AFN with respect to the project. 3. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the cable television industry, unless the context clearly indicates otherwise. As used in this contract: 3.1. "AFN" means the City of Ashland, Oregon, operating by and through its Ashland Fiber Network Cable TV Division. 3.2. "Contracting Officer" means the City of Ashland Director of Information Technology or that person's designee. 3.3. "Project" means cable television services as described in the RFP. 3.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other services and products which Contractor is required to provide under this contract. PAGE I-CONTRACT 4. Term: The term of this contract shall commence on the date this Contract has been fully executed by every party and shall expire three years after such date. If it is in the AFN's best interest, the contract may be extended for two additional one year terms for a maximum period of five years. 5. Authoritv of Contractina Officer: The Contracting Officer shall have the authority to act on behalf of AFN in the administration and interpretation of this contract. The Contracting Officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define AFN's policies and make other decisions with respect to Contractor's services. 6. Services: Contractor shall provide services to AFN that are described in the RFP and the proposal. 6.1. In connection with the services described in the RFP, Contractor shall: 6.1.1. Consult appropriate representatives of AFN to clarify and define AFN's requirements relative to the services. 6.1.2. Review available data relative to the services. 6.1.3. Identify data which is not available and is needed to fulfill the services, and act as AFN's representative in obtaining such data. 6.1.4. Prepare monthly progress reports to the Contracting Officer on the status of services. 6.2. Contractor shall commence performance of services within five days after receiving written authorization from the Contracting Officer for work described in the RFP. Contractor shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of AFN, Contractor shall submit for AFN's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for AFN's review and approval of Contractor's services. Each schedule, approved by AFN, shall become a part of this contract. 6.3. Contractor shall perform the services as an independent contractor in accordance with generally accepted standards in Contractor's profession. Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Contractor. Contractor shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Contractor's negligence. AFN's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of AFN's rights under this contract or of any cause of action arising out of Contractor's services. In the event of any breach of this contract by Contractor or negligent performance of any of the services, AFN's cause of action against Contractor shall not be deemed to accrue until AFN discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow AFN to prosecute an action against Contractor beyond the maximum time limitation provided by Oregon law. 6.4 Contractor is responsible for obtaining all necessary permits and licenses required to perform services under this contract. 7. Assianment of Contractor's Personnel: PAGE 2-CONTRACT 7.1. The services covered by this contract shall be rendered by, or under the supervision of the Contractor's Representative, who shall be identified by Contractor and acknowledged by AFN, to act as Contractor's representative in all communications and transactions with AFN. 7.2. Contractor will endeavor to honor reasonable specific requests of AFN with regard to assignment of Contractor's employees to perform services if the requests are consistent with sound business and professional practices. 8. Responsibilities of AFN: 8.1. AFN will cooperate fully with Contractor to achieve the objectives of this contract. 8.2. AFN will provide information, documents, materials and services that are within the possession or control of AFN and are required by Contractor for performance of the services. 8.3.. The Contracting Officer will act as liaison between AFN, Contractor, public agencies, and others involved in the project. 9. Payment. Contractor will pay AFN as follows: 9.1. One Thousand Five Hundred dollars ($1,500) per month due and payable no later than 1st day of each month. 9.2 Seven percent (7%) of gross revenue generated from services performed under this agreement for the previous month, excluding PEG and franchise fees, due and payable no later than the 15th day of each month. 10. Contractor shall be responsible for all applicable taxes including, but not limited to franchise fees and PEG fees. 11. Compliance with Law: 11.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Contractor shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279.312, 279.314, 279.316 and 279.320. 11.2. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Contractor shall certify to AFN that Contractor has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier insured employer, Contractor shall provide AFN with a certificate of insurance. If Contractor is a self-insured employer, Contractor shall provide AFN with a certification from the Oregon Department of Insurance and Finance as evidence of Contractor's status. PAGE 3-CONTRACT 12. Records: 12.1. Contractor shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Contractor's performance. Contractor shall maintain records in such a manner as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues related to Contractor's other business. 12.2. Contractor's books and records shall be made available for inspection by AFN at reasonable times, to verify Contractor's compliance with this contract. AFN shall have the right to request an audit of Contractor's books and records by a certified public accountant retained by AFN. 12.3. Contractor shall provide AFN with an annual income and balance sheet no later than January 31st for the previous calendar year. 12.4. Contractor shall provide AFN a monthly gain report by tier and a monthly loss report by tier and reason. 13. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Contractor (including but not limited to, the negligent acts or omissions of Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 14. Insurance: 14.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain in force: 14.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owner's and contractor's protective insurance; 14.1.2. A comprehensive automobile liability policy including owned and non- owned automobiles. 14.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 14.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for the coverage required by subsection 14.2. PAGE 4-CONTRACT 14.4. Certificates of insurance acceptable to the AFN shall be filed with AFN prior to the commencement of any work by Contractor. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to AFN. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 15. Default: 15.1. Compliance with the terms and conditions of this contract will be measured by financial reporting. In this regard, Contractor agrees to submit to an annual audit of all of its books and records at the expense of AFN. If the annual audit reflects that Contractor has underpaid its obligations under Section 9 by more than two percent (2%), Contractor will, in addition to any back payment owing, be required to pay to AFN the costs of the audit within 30 days of the date of the invoice for such costs. 15.2. In addition to financial compliance with the terms and conditions of this agreement compliance will also be measured based on market penetration. Minimum acceptable penetration as a percentage of serviceable homes passed is ten percent (10%). 15.3. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 15.4. Notwithstanding subsection 15.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 15.5. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 15.6. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 16. Termination without Cause: 16.1. In addition to the right to terminate this contract under subsection 15.3, AFN may terminate by giving Contractor written notice sixty days prior to the termination date. 16.2. In addition to the right to terminate this contract under subsection 15.3, Contractor may complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the services performed to date of termination. PAGE 5-CONTRACT mT- 16.3. If AFN terminates the contract under subsection 16.2, Contractor shall be paid for all fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to be compensated for lost profits. 17. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 17.1. Notices to AFN shall be addressed to the Contracting Officer at the following address: Director of Information Technology City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Notice shall also be sent to: City Administrator City of Ashland 20 East Main Street Ashland, OR 97520 17.2. Notices to Contractor shall be addressed to the Contractor's Representative at the following address: 18. AssiQnment: AFN and Contractor and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Contractor shall not assign or subcontract Contractor's rights or obligations under this contract without prior written consent of AFN. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than AFN and Contractor. 19. Modification: No modification of this contract shall be valid unless in writing and signed by the parties. Contractor City BY BY Fed. ID # REVIEWED AS TO CONTENT BY City Department Head Date: REVIEWED AS TO FORM By City Legal Counsel Date: PAGE 6-CONTRACT CITY OF ASHLAND Council Communication Meeting Date: September 19, 2006 Department: Legal ~ Contributing Departments: Finan Approval: Martha Benn Amendments To Tax Ordinances To Facilitate Submitting Delinquencies to Collection A enc Primary Staff Contact: Michael W. Franel~ E-mail: franellm@ashland.oLus Secondary Staff Contact: E-mail: Estimated Time: 2 minutes Statement: Oregon amended its statutes in the 2003 legislative session to permit state and local government entities to add collection agency fees to delinquent bills that are submitted to a collection agency. The proposed ordinance amends our food and beverage tax and transient occupancy tax ordinances to permit the addition of collection agency fees to delinquent accounts that are submitted to collections. Background: We currently collect a food & beverage sales tax on prepared foods and a transient occupancy tax from businesses offering overnight accommodations. A few of the businesses that we deal with have become severely delinquent, owing the City thousands of dollars. The current system of collections has proved to be not very effective in a few instances and consumes a great deal of city staff time. The City Council, at its February 21, 2006 meeting, directed staff to make amendments to the Ashland Municipal Code to allow the addition of collection agency fees to delinquent food and beverage tax and transient occupancy tax accounts that are submitted to a collection agency for collection. The proposed ordinance accomplishes that purpose. Related City Policies: The provisions for transient occupancy tax and collections are found in AMC Chapter 4.24. The provisions for the food and beverage tax and collections are found in AMC Chapter 4.34. Council Options: The Council can adopt the proposed ordinance as presented. The Council could instruct staff to make additional amendments to the proposed ordinance. The Council could reject the proposed ordinance, leaving in place the current enforcement system which includes the City filing suit against delinquent businesses. r~' Staff Recommendation: Staff recommends the Council adopt An Ordinance Amending The Transient Occupancy Tax And The Food And Beverage Tax Provisions To Permit Fees To Be Added If Delinquent Payments Are Turned Over To A Collection Agency on second reading by title only. Potential Motions: I move the Council adopt An Ordinance Amending The Transient Occupancy Tax And The Food And Beverage Tax Provisions To Permit Fees To Be Added If Delinquent Payments Are Turned Over To A Collection Agency on second reading by title only. Attachments: None. r;.1 ORDINANCE NO. AN ORDINANCE AMENDING THE TRANSIENT OCCUPANCY TAX AND THE FOOD AND BEVERAGE TAX PROVISIONS TO PERMIT FEES TO BE ADDED IF DELINQUENT PAYMENTS ARE TURNED OVER TO A COLLECTION AGENCY RECITALS: 1. The City of Ashland assesses and collects a transient occupancy tax and a tax on prepared food and beverages. 2. A small number of operators subject to either or both of the taxes are delinquent in their payments on taxes. 3. It takes significant taxpayer resources for the City to pursue collection of the delinquent taxes. 4. The Oregon legislature amended the state statutes to permit the addition of collection agency fees to the bill being collected. 5. In most instances, it is going to be financially prudent to refer delinquencies to collection agencies for collection. 6. The City desires to amend its ordinances to provide for the addition of collection agency fees to delinquencies referred to a collection agency. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 4.24.120 of the Ashland Municipal Code is amended to read: SECTION 4.24.120 Actions to Collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the operator to the city. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. SECTION 2. Section 4.34.110 of the Ashland Municipal Code is amended to read: SECTION 4.34.110 Actions to Collect. ORDINANCE PAGE - 1 FILENAME \p G:\legal\Mike\Ordinances\F&B collections - final.doc Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. 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 ,2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor ORDINANCE PAGE - 2 FILENAME \p G:\legal\Mike\Ordinances\F&B collections - final.doc CITY OF ASHLAND Council Communication AN ORDINANCE AMENDING AMC 15.28 TO IMPLEMENT THE 2004 OREGON FIRE CODE September 19,2006 Primary Staff Contact: Margueritte Hickman E-mail: HickmanM@ashland.or.us Secondary Staff Contact: Keith E. Woodley E-mail: WoodleyK@ashland.or.us Estimated Time: 45- minutes Statement: The City Council adopted the 2004 Oregon Fire Code (based on the 2003 International Fire Code with Oregon Amendments) on November 15,2005. The Oregon Fire Code is a statewide minimum fire code, and local jurisdictions may adopt and amend the state code providing modifications are more stringent. The adopted version of the Oregon Fire Code by the City of Ashland contains two provisions which are less stringent than the state requirements. The City Council directed the Fire Department to return to a study session identifying fire protection issues in the City that could be addressed by the Fire Code. After reviewing the fire code and reviewing development sites, areas of improvement were identified. At the June 8, 2006, meeting, the Fire Department presented information regarding the two less stringent code issues, a draft vegetation management ordinance and inspection efforts necessary to assure the Fire Code is implemented. The City Council requested that staff return with actionable items and assessment of potential impacts on the community. Background: Because the Oregon Fire Code is a minimum code, the City Council has expressed concern that it has been adopted by the City of Ashland with two code issues, which are less restrictive than the state standards. The Oregon State Fire Marshal's Office has advised that the City of Ashland is within its legal limits to be less restrictive ofthe following two provisions: (1) Increasing the length ofa dead end which requires a turn-around from 150 feet to 250 feet and (2) decreasing the minimum fire flow for single family dwellings from 1000 gpm to 750 gpm. ORS 368.039 allows road standards adopted by local government to supersede standards in the fire code, which applies to the turn-around standard. Oregon Fire Code Appendix BI03.1 authorizes the fire chief to reduce fire-flow requirements for buildings in rural areas or small communities where the development of full fire-flow requirements is impractical. To address the potential impact of modifying the turn-around requirements, fifty-eight single family, subdivision and accessory residential unit building permits were reviewed. There were four turnarounds required for new single family and new accessory residential units, and one additional turn-around was required for a multi-family dwelling project. If the Oregon Fire Code requirement for a fire apparatus turn-around on dead ends greater than 150' is adopted, a turn-around would have been required on 2 additional projects over the last seven months. Turn-arounds are considered fire r., apparatus access and must be constructed with an all-weather surface, supporting 44,000 pounds. Attached is a diagram of approved turn-arounds. The Community Development Department has noted that the adoption of this turn-around requirement could result in potential impacts, particularly within hillside areas, relating to site development. An increase in turnarounds would likely result in additional areas of cut and fill on slopes. Ashland's Hillside Development Standards attempt to maintain the identity of these lands by evaluating changes that could result in increased erosion, severe cutting and scarring. Consequently, the incorporation of additional turnarounds could present some design challenges when balancing the public's interest in minimizing soil disturbance and limiting changes to areas adjoining existing trees. If the City Council desires to adopt the Oregon Fire Code amendment for a fire apparatus turn-around on dead ends greater than 150', Chapter 18 of the Ashland Municipal Code will need to be amended as well. In order to prevent conflicting codes, a simultaneous adoption would need to occur. City Council also expressed concern about the reduced allowance for fire flow in the Ashland amendments. The Oregon Fire Code requires 1000 gpm minimum fire flow for single family residences and duplexes. In 1991, the City of Ashland adopted a reduced fire flow of750 gpm. With the installation of a residential fire sprinkler system, the Oregon Fire Code allows a 50% reduction in fire-flow, which would reduce the required fire flow to 500 gpm. After reviewing the current fire flows with Water Department Staff, it was found that significant improvements since 1991 to the City of Ashland's water system will allow the present water system to meet the requirements of the Oregon Fire Code in most areas of the City. However, some areas would require the installation of a fire sprinkler system. Based on current fire flow data, there is one location that would not meet minimum fire flows even with a residential fire sprinkler system at the end of Ashland Mine Road. In the lower fire flow areas, the Oregon Fire Code could still be met with the installation of residential fire sprinklers. The areas that would be affected by adopting the state standard for water flows are primarily located at higher elevations, above the boulevard, and are identified on the fire flow map. Development in these locations would need to install a residential fire sprinkler system in order to meet the fire flow requirements; and the current City of Ashland amendments provide an allowance to reduce the fire- flow below the minimum with additional fire protection measures. A monitored fire sprinkler system has been accepted as an alternative to meeting the minimum fire flows. This allows for automatic detection and report to a dispatch center, resulting in quicker response by the fire department in the event that the fire sprinkler system activates. A draft Vegetation Management Ordinance was also presented at this meeting; however, it has not been included as an actionable item at this time. After the Council study session, Planning Department staff expressed concern that there would be conflicts with Chapter 18 and concerns about the process of implementation. Planning Department staff has recommended a study session with the Tree Commission and a review by Planning Department staff to determine any conflicts with Chapter 18. The Fire Department is scheduled to meet with the Tree Commission on October 5, 2006. In order to make sure that Fire Code requirements are actually implemented, an inspection needs to be made after the completion ofthe project. The Fire Department is not inspecting access and water supply components until a complaint is generated or a maintenance inspection is requested. It would be more efficient for staff and better service to the customer if the Fire Department were involved in a final inspection. While completing a final inspection for each project will take more staff time on the r~' front end, it will save much research time for code requirements and complaints in the end. Staff recommends the pursuit of improvements in Fire Code related final inspections by Fire Department staff in new proj ects. Related City Policies: AMC 15.28.010 Adoption of Oregon Fire Code Council Options: Amend the Fire Code with one or both amendments as revised which eliminates the less restrictive language or take no action Staff Recommendations: Staff recommends approving the change for fire flow identified in item "E" of the Ordinance amendment. Staff recommends the pursuit of improvements in Fire Code related final inspections by Fire Department staff in new projects. If Council wishes to change the turn-around requirement, staff recommends bringing forth an amendment to the Planning Ordinances simultaneously to avoid code conflicts. Potential Motions: Move to amend the Fire Code as indicated in the attached ordinance. Attachments: Fire Flow Map Approved Fire Apparatus Turn-arounds Fire Code with 2006 Amendments r~' ~ ~ III 0 Ol "tl "Ci:i: ~~ c ::> Gl- 0)0)10) S _C O)IO-..r ~ ul! :& ",,"0 Or-- .!"C a. og~^ () Gl>. C) . (/)::I: .5 .. ~~~ ~" ~ or>/- 'f.....(jJ- o~ ~ ~o ~, . /..~//' O~>t33lioNV' .. ..1-'./ Wl~~ . . II O~ >t33~QJ:lVmoi- .. .o~>t&. · . < . ~Oi J.S,I,lflO' I <$'. /.. .~.'~ . ~~OO ~ ,.::.- .:. 7 . ~tltw;,j\.. .I>t:! ~ .. ..~~ OON .. · ~.. I . iJi I' ~. .^,~3>tA.. ... ,. w 7't;- .. / ~ . ^~3>t'M. I "Q ... . " . i NVWiH~IM . · -- : . t,,;i.:.. .,'~. ^VNJViNnO~N. A ~v"iNn"_ · ~ , · ~ .... I..... I .. .. .. ."+" .. · _ .t;.. ... ~".. . . . .... .: ."..... '~.'. ~'''' . .... ,. .~. . I ... .Q..' . ' .~..!l_. .~. : ~. "..Jl...\, . ! 1-, ... .. · \'i'.~ · . . .. /" . fI/!'. '" ... a · ,. ~'" e"'.. 'd>.' · ! ,I'.......te · : · ~'" ~' . 3o. . .1". '.. , .!e ootA~)'. .. . ...ti' ..... 1"'- · .. ~.,;' ... . .,,,,. . /j.~ .:..' ..i. l' ~ '. .. . .: . I .. Minimum Turn-Around Standards 90' -1 80' .1 20' J 7 Clearance Area 1 20' J ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO ADOPTION OF THE 2004 OREGON FIRE CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: Annotated to show deletions and additions to Ordinance No. 2929 adopted on August 18, 2006. Deletions are shown as strike throughs and additions are underlined. Section 1. Ashland Municipal Code, Chapter 15.28.070, is amended to read as follows: SECTION 15.28.070 Amendments to the Oregon Fire Code The Oregon Fire Code is amended in the following respects: A. Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length. B. Section 506.1 Replace the second sentences as follows: The key box shall be of an approved type, installed and maintained in accordance with manufacturers instructions, and shall contain keys to gain necessary access as required by the fire code official. C. Section 508.5.1 & Exceptions Delete and replace with the following: The approved fire apparatus operating area must be located within 300 feet from a hydrant, as measured by an approved route, along an approved driving surface. With the installation of an approved automatic fire sprinkler system, hydrant distance may be increased to 600 feet. D. Section 3301: Notwithstanding the exceptions listed in this section, the sale of DOT classification 1.4G (Class C common fireworks) is prohibited within the City of Ashland. The use of common fireworks within the City of Ashland is prohibited during any declared fire season except when the sale of fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year). (Ord 2871, 2001; Ord 2876,2002) C. Appendix D, section 105.1: Replace the entire section as follows: The minimum fire flow requirements for one- and two family dVv'ellings ha'V'ing a fire-flow' calculation area which does not exceed 3,600 square feet shall be 750 gallons per minute. rire flow and flC'tv' duration for one and two family d''ivellings having a fire..flo''i'1 calculation area in excess of 3,600 square feet shall not be less than that specified in Table D105.1." "excePTIONS"; 1. A reduction in required fire flo'y'y' of 50 percent, as approved by the rire Code Official, is allo'{y'ed '"hen the building is provided vvith an appro'v'ed automatic fire sprinkler system. 2. One and tvy'() family dW'ellings in excess of 3,600 square feet, when equipped 'vvith an approved automatic sprinkler system, may ha:v'e a minimum f10w of at least 375 gallons per minute. If minimum fire flo'v'y" as specified in table 0105.1 cannot be met after the 50% reduction credit is applied, then the fire sprinkler system shall be monitored by an alarm company. F:E. Appendix D1 05.1 Change first sentence as follows: Buildings or portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. The foregoing ordinance was first read by title only in accordance with Article X, Section ,2006, and 2(C) of the City Charter on the duly PASSED and ADOPTED this day of day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor 1 - FIRE CODE AMENDMENT ORDINANCE G:\JegaI\Office\ORD\F\FireCodeAmendmentOrd0906.wpd , ORDINANCE NO. AN ORDINANCE AMENDING THE ASHLAND MUNICIPAL CODE RELATING TO ADOPTION OF THE 2004 OREGON FIRE CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to Ordinance No. 2929 adopted on August 18, 2006. Deletions are shown as strike through!> and additions are underlined. Section 1. Ashland Municipal Code, Chapter 15.28.070, is amended to read as follows: SECTION 15.28.070 Amendments to the Oregon Fire Code The Oregon Fire Code is amended in the following respects: A. Section 503.2.5 Dead Ends: Change 150 feet in length to 250 feet in length. B. Section 506.1 Replace the second sentences as follows: The key box shall be of an approved type, installed and maintained in accordance with manufacturers instructions, and shall contain keys to gain necessary access as required by the fire code official. C. Section 508.5.1 & Exceptions Delete and replace with the following: The approved fire apparatus operating area must be located within 300 feet from a hydrant, as measured by an approved route, along an approved driving surface. With the installation of an approved automatic fire sprinkler system, hydrant distance may be increased to 600 feet. D. Section 3301: Notwithstanding the exceptions listed in this section, the sale of DOT classification 1.4G (Class C common fireworks) is prohibited within the City of Ashland. The use of common fireworks within the City of Ashland is prohibited during any declared fire season except when the sale of fireworks is permitted within the State of Oregon pursuant to ORS 480.127 (June 23 to July 6 of each year). (Ord 2871, 2001 ; Ord 2876, 2002) E. I\ppendix S, section 105.1: Replace the entire section as follmvs: The minimum fire flow requirements for one and two family dwellings having a fire flmv calculation area which does not exceed 3,600 square feet shall be 750 gallons per minute. Fire f10l/J and flow duration for one and two family dwellings having a fire f1mv calculation area in excess of 3,600 square feet shall not be less than that specified in Table B 105.1. II "EXCEPTIONS": 1 - FIRE CODE AMENDMENT ORDINANCE C:IDOCUME-1IshipletdILOCALS-1ITempIFire Code Amendment Ord 0906. doc 1. ^ reduction in required fire f1o':! of 50 percent, ~s ~pproved by the Fire Code OfficiJl, is ~lIowed when the building is provided \'Iith ~n ~ppro'led ~utomatic fire sprinkler system. 2. One and tv/O family dwellings in excess of 3,600 squ~re foet, when equipped with ~n approved ~utom~tic sprinkler system, m~y have ~ minimum flow of at lo~st 375 gallons pm minute. If minimum fire flow as specified in table 8105.1 c~nnot be met ~fter the 50% reduction credit is ~pplied, then the fire sprinkler system shall be monitored by an al3rm company. f:.:.E. Appendix D105.1 Change first sentence as follows: Buildings or portions of buildings or facilities exceeding 24 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. 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 , 2006, and duly PASSED and ADOPTED this day of ,2006. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2006. John W. Morrison, Mayor Reviewed as to form: Michael W. Franell, City Attorney 1 - FIRE CODE AMENDMENT ORDINANCE C:\DOCUME-l\shipletd\LOCALS-l\Temp\Fire Code Amendment Ord 0906.doc CITY OF ASHLAND Council Communication Discussion of City Charter Ballot Timeline Meeting Date: September 19, 2006 Department: Administration ~ Contributing Departments: Leg~1 Approval: Martha Benn Estimated Time 20 minutes Primary Staff Contact: ann@ashland.or.us Secondary Staff Contact: Mike Franell franellm@ashland.or.us Ann Seltzer ~ Statement: At the city council study session on July 13, 2006, the council reviewed the most recent draft of the city charter and indicated that it did not feel there was time to include the charter on the November ballot but that it did want to keep the project moving forward. The purpose of this communication is to consider the proposed timeline (attached) to place the revised charter on the May ballot. Background: The council discussed some additional changes to the charter and City Attorney Mike Franell requested that council submit all questions, concerns and suggestions to him. Franell will make adjustments to the document and to bring an updated draft back to the Council. The proposed timeline includes a meeting in October to review the draft charter based on input from council, a separate meeting in November to discuss the water language in the charter, a meeting in December for a public hearing or public forum, a meeting in January to review the draft ballot language and a meeting in February to approve the final ballot language. The county requires final ballots to be submitted ninety days in advance of the election. The proposed timeline allows for the final ballot language to be submitted to the county by March 15 for the May 15 general election. Council Options: . Approve the proposed timeline. . Approve the proposed time line with changes. . Provide new direction to staff. Staff Recommendation: Approve the proposed timeline. Attachments: . Proposed timeline. 1 III Proposed Timeline for May 2007 General Election Ashland City Charter October 17 Council reviews draft charter without water language. (Staff suggests focusing on the water language options at a separate meeting.) Council releases draft for formal comment period. November 21 Council reviews water language options and approves revised draft of language. Council seeks public comment. December 5 or December 7 Council holds public hearing or public forum January 16 Council reviews draft based on public input. February 6 Council approves final draft of proposed measures based on January 16 meeting. March 15 All materials due to Jackson County (Ballot Titles, Statement etc.) May 15 General Election CITY OF ASHLAND Council Communication Mt Ashland QAlQC Team and Advisory Group Meeting Date: September 19,2006 Department: Administration Contributing Departments: PU~biC ~ Approval: Martha Benn Estimated Time: 30 minutes Primary Staff Contact: E-mail: Secondary Staff Contact: E-mail: Martha Bennett bennettm ashland.or.us Paula Brown brownp@as~nd .or.us Statement: As discussed at your September 6, 2006 study session, this item briefs recommendations for the formation of the QA/QC Advisory Group and the options and recommendation for the QA/QC Team. Staff Recommendation: 1. Council form and appoint members to the QA/QC Advisory Group 2. Council direct the Advisory Group to develop the "authority, duties and responsibilities' for not only the Advisory Group, but also the QA/QC Team (see attached reprint of the recommendations brought forward from the September 6th Study Session) 3. Council direct staff to move forward with the selected option for selecting the QA/QC Team 4. Council direct the QA/QC Advisory Group to work with staff to further develop the option and select the QA/QC Team based on direction from NO.3 above 5. Council direct staff to bring forward an agreement with MM for the QA/QA Team as defined in No.2 above Background: During the September 6,2006 Study Session, staff clarified the general theory behind the QA/QC concept and asked for clarification for the formation of the actual technical Team and the oversight through the Advisory Group. Council will establish the QA/QC Team to provide technical oversight for additional requirements to specifically protect the water quality and quantity of the watershed. The QA/QC concept will help Council manage the risk and uncertainty with the ski area expansion, and provide additional quality controls through the construction process. As articulated in the Council's resolution, QA/QC ensures the project has technically sound controls to ensure environmental risk is defined and also has the means and responsibility to quickly correct potential impacts. As stressed at the Study Session and in Council's Resolution 2005-35, the primary focus is on erosion and sediment control, mitigation, and restoration/remediation to minimize, if not eliminate, the negative impact on the water quality or quantity within Reeder Reservoir. The QA/QC Team will provide technical expertise in soils and hydrology as that relates to erosion, sediment and the protection of our water quality and quantity in the Ashland watershed. Council also asked that staff include the geomorphology of the specific soils on Mt Ashland and the wildland management. The focus of the QA/QC Team will be to assess the construction processes of the expansion and assure the processes outlined will meet the objectives, and to ensure the controls are in place to evaluate and change the conditions to meet the objectives. The goal is to better define the partnership and bridge the gap between the City and MM to develop trust in the construction process. CC MT Ashland QAlQC Page 1 of 3 ~~, Discussion: QAlQC Advisory Team It is recommended that the Council appoint a QA/QC Advisory Group that would perform the coordination between the City, MAA, and the Forest Service that is required by Council's resolution. Staff recommends this advisory group have the following membership: · City Public Works Director as the staff lead to focus the QA/QC direction, remind the Team of the QA/QC goals for the process, prepare summary meeting notes, be responsible for administering the QA/QC Team's contract and make payment authorizations as necessary, etc. · A City Council Liaison to ensure policy direction is being implemented and to report back to the City Council on an informal basis; gain Council approval for any changes in direction or policy goals, etc. It is recommended that Council appoint a member that has not openly expressed a strong opinion toward the expansion. Russ Silbiger, David Chapman or Alice Hardesy are forwarded for consideration. · One or two community ad-hoc members who are familiar with prior water quality concerns and City policies with regard to watershed protection as community oversight in the process. The following is a list of names that have been mentioned by council members or by the public: Jim McGinnis, Eric Dittmer, Susan Rust, Jim Moore. This is a very preliminary list, and none of these community members have been contacted for their input to the process. · A Forest Service staff member as a federal partner to the process; identify Forest Service requirements, explain Forest Service processes and procedures for ROD implementation and permit compliance associated with the ROD; not advising City decision-making about implementation beyond the ROD. It is recommended that Council direct staff to contact the Forest Service to invite their participation as it is critical to the success of this process. · One member from MAA Board and one member from MAA staff to inform the Advisory Group of the business and financial implications as a business partner to the process. This will meet the intent of Council's resolution that stresses the need for mutual agreement between the City and the MAA. It is recommended that Council direct staff to contact the MAA to invite their participation as it is critical to the success of this process. QAlQC Team Options At the Study Session (September 6th), Council debated the participation of the QA/QC Team. The attached spreadsheet lists four options and the pros and cons of each option. 1. Use Michael Hogan's team exclusively 2. Write a Request for Proposals for four individual team members 3. Write a Request for Proposals for four individual team members 4. Use Michael Hogan's team with the addition of one local member with hydrology-geomorphology background specific to Mt Ashland In reviewing the options, staff recommends that council direct the implementation of Option 3 with the QA/QC Advisory Group participating in the development of the RFP criteria and then in the selection process. Related City Policies: City of Ashland Lease with Mt Ashland Association CC MT Ashland QA/OC Page 2 of 3m r., Council Options: This item is for council's discussion. Staff needs the Council's direction for the formation of the QA/QC Advisory Group and Council's selection of the desired option to move forward with hiring the QA/QC Team. Staff recommendations have been provided throughout this Council Communication and will be discussed at the meeting. As always, council has the option to direct staff to either stop work on this process or bring a different concept back to council for further discussion. Attachments: 1. Options for the QA/QC Team. 2. 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"'C 05 J2 ~ ~ ~ c: co.... co oQ _"'C"t) c: 0 Q) 0C">"Q) ~c:~ ~~J2 O-Q)~ ~'E$ Q) 3: 3: =,gN a; ~ 5f O)Q)C: ,g 3: 8. en Q)NIn"t) E-~co i=~0-~ co LL c: N 0.. 0::: 8 c: o - o c: "!a Q) U c: Q) 0;:: Q) a. x Q) In -E co ~ c: In~ -c: c: co :::J 0)0 o E :::e .... :::J N 0 co .... c: J2 0 ..c: Q) e= co Q) Q) In In,g ,g In In~ ~ Q) Q) ~ ~N C?,g No. Q) :::J In ~"'CC: .f! c: t: "'Cco~ "SQ:;"t) ~~jg Q) c: M E 8 "t) Q) ~ ::s g? In co co ..c: ~ 15 co c:::i2 >..In co c: E 0 .... Q) o g >"Q) co 01:: :2:2t M ~ - O"ffi c: :::J iUS E E - .... -a,J2 :s g 5'5 E 0 co In Q) ~ - In _In -~ Og O):::J o 0 :cu O)Q) "2 -5 :fa; Q) M E l!! :;;, :g "U r::: .w .... Q) ..c: l!?a; Q) 0) .c,g E 0) Q) c: E::i2 lQ ~ 0;15 ..c: 02> 'E ..c: 0 ~ lrl :::J "- 0- ~ ~ U - ~ E 0- ~ 0 co 1nC:~ 0:: g? co ...i~lQ j' co ~ ,g .... Q) Oen co ~ - c: Q) E Q) ~ 0) co Quality Assurance I Quality Control (QA/QC) In total, the resolution for the QAlQC portion states: SECTION 3. The City Council shall cooperate with Mt. Ashland Association to appoint a Quality Assurance/Quality Control [QA/QC] team to oversee ski area construction and protection of the municipal watershed, substantially as described in the comments submitted by the City of Ashland to the Forest Service on October 7, 2003 (DEIS comments). Ideally, the QA/QC team should be an independent team of 2 to 4 persons specialized in soils and hydrology that coordinates with the City, MAA, and the Forest Service. The QA/QC team should be formed prior to construction to define strategies for erosion and sediment control, mitigation, and restorationlremediation. The City Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland Association to provide construction funding for the QA/QC team and to ensure that all future construction activities comply with the coordinated recommendations of the QA/QC team and the Forest Service. (emphasis added) QA/QC Concept: Although the Forest Service is required to enforce the environmental controls in the Record of Decision (ROD), the Council has asked to explore additional requirements to specifically protect the water quality and quantity of the watershed. The QAlQC concept was developed to help Council move forward with the expansion, yet maintain additional quality controls through the construction process. Industry QAlQC concepts are grounded in the aspect of managing uncertainty and risk. As articulated in the Council's resolution, QAlQC ensures the project has technically sound controls to ensure environmental risk is defined and also has the means and responsibility to quickly correct potential impacts. As council defined in their resolution, the primary focus would be on erosion and sediment control, mitigation, and restorationlremediation to minimize, if not eliminate, the negative impact on the water quality or quantity within Reeder Reservoir. The QAlQC Team is designed to provide technical expertise in soils and hydrology as that relates to erosion, sediment and the protection of our water quality and quantity in the Ashland watershed. The focus would be to assess the processes and assure the processes outlined will meet the objectives, and to ensure the controls are in place to evaluate and change the conditions to meet the objectives. The goal is to better define the partnership and bridge the gap between the City and MAA to develop trust in the construction process. QA/QC Goals: Prior to the implementation of the QAlQC Team, defining the goals of the team and the program is necessary. The Forest Service is responsible to ensure the environmental change and monitoring requirements of the ROD be followed and upheld. Some of the proposed goals of the QAlQC Team and program are specifically aimed at implementation requirements beyond the ROD. Staff recommends the following goals for the QAlQC Team and program: 1. The primary goal is to identify potential concerns with the construction process and on-the-ground solutions to prevent increases in disturbance in water quality and water quantity of the City's water supply for Reeder Reservoir within the Ashland watershed. 2. Assure that construction activities proceed in a timely manner and have a minimum negative impact with respect to erosion and sediment control, and that construction equipment and processes are completed without environmental hazards (spills, etc.). Staff Report Mt Ashland Discussion Enclosure (2) Page 1 of 4 . 3. Assure that recommended and required prevention and correction actions are taking place and are meeting the required effects to protect the water quality and quantity of Reeder Reservoir within the Ashland watershed. Accurately report the results of the monitoring. 4. Assure that pre-construction, construction, and post-construction impacts are measured to determine the extent of impacts with respect to erosion and sediment control, and if any corrective action or remedial actions are necessary. 5. Meet with MAA and make recommendations to eliminate, reduce, and correct actual and potential negative impacts with respect to erosion and sediment control due to the construction activities. 6. Report quarterly to the Ashland City Council, Forest Service, and the MAA during the construction period. Composition: QA/QC Team: As stated in the Council's resolution, "Ideally, the QA/QC team should be an independent team of 2 to 4 persons specialized in soils and hydrology that coordinates with the City, MAA, and the Forest Service. The QA/QC team should be formed prior to construction..." The key to a successful QA/QC Team is to ensure the right technical expertise is available to the team. The technical expertise is necessary for soils, soils stabilization, erosion and erosion controls, hydrology and water quality. Public Works Director Paula Brown has met with MAA and with a representative of a firm they have hired to assist them with the initial steps toward the monitoring and site remediation options prior to construction. Michael Hogan (Integrated Environmental Restoration Services, resume and references attached as enclosure (3)) has developed a detailed monitoring program to initiate the pre-monitoring requirements that are in the ROD and that have been discussed previously. Michael Hogan is also looking as some of the site conditions with respect to initial planning for construction activities. Public Works Director Brown, Michael Hogan, MAA (staff and a board member), and two staff members from the Forest Service discussed his plan and purpose at this initial meeting. Michael Hogan will be at the study session to represent his group, present information, give Council a snapshot of his prior work experience with environmental remediation projects, and will explain his approach with MAA with regard to monitoring and site specific conditions to the City Council. Although MAA has proposed using Michael Hogan and his team as the QA/QC team, staff recommends that the Council appoint the QA/QC team members. Council may wish to consider jointly funding any work that consultants, including Michael Hogan, perform as part of QA/QC. QA/QC Advisory Group: In addition to the technical QA/QC Team, staff recommends the Council assign a QA/QC Advisory Group that would perform the coordination between the City, MAA, and the Forest Service that is required by Council's resolution. Staff recommends this advisory group have the following membership: · City Public Works Director as the primary lead to focus the QA/QC direction, remind the Team of the QAlQC goals for the process, prepare summary meeting notes, be responsible for administering the QA/QC Team's contract and make payment authorizations as necessary, etc. · A City Council Liaison to ensure policy direction is being implemented and to report back to the City Council on an informal basis; gain Council approval for any changes in direction or policy goals, etc. · One or two community ad-hoc members who are familiar with prior water quality concerns and City policies with regard to watershed protection as community oversight in the process. · A Forest Service staff member as a federal partner to the process; identify Forest Service requirements, explain Forest Service processes and procedures for ROD implementation and permit compliance associated with the ROD; not advising City decision-making about implementation beyond the ROD. Staff Report Mt Ashland Discussion Enclosure (2) Page 2 of 4 · One to two members from MAA (staff and Board) to inform of the business and financial implications as a business partner to the process. The QA/QC Advisory Group would meet with the QA/QC Team, MAA, and the US Forest Service on a monthly basis during the construction periods so that the City and each agency are aware of the direction and concems of the QA/QC Team. QAlQC Team Duties and Responsibilities: 1. Be available for weekly site meetings for as much as twice a week on site discussions and monitoring. Be available within a 24 hour notice to help with emergent decision making during the construction period. 2. Review construction plans and MAA work plans prior to any implementation to assure adequacy of environmental preservation, erosion, and sedimentation measures (includes the Stormwater NPDES permit requirements). The idea is to ensure this review happens during the plan development and prior to formal agency review so that any recommendations are included in the final submission for agency review. 3. Develop priorities for construction activities that stress protection of soils to ensure the site is stabile with respect to erosion and sediment concerns prior to actual disturbance. 4. Recommend alternative site specific construction processes or preliminary restoration efforts to protect wetlands, vegetated slopes and to improve the soils retention on site. The issue with this is help correct site specific construction activities that are not working as well and to help define and implement better solutions to help the process move forward in conjunction with the regulatory agencies and with the MAA construction contractor. 5. Recommend environmental protection measures with respect to construction vehicle/equipment fuel or related spills. Same intent as described in #4. 6. Work with MAA to understand the financial impacts of their recommendations with regard to change orders to MAA's construction contract. Use the Advisory Group to assist in any disputes regarding the financial impacts and relative environmental impact should disputes arise. 7. Inspect construction and environmental control measures to assure compliance with permits and agreed upon preservation measures. Although the various regulatory agencies have the responsibility to ensure compliance, the QA/QC Team should embrace the responsibility to provide advice for corrections and work with the MAA contractor for improvements. Assist with site specific improvements to overcome permit violations with regard to environmental impacts. 8. Monitor East and West Forks of Ashland Creek in various locations upstream of Reeder Reservoir and at the edges of the ski are expansion for turbidity impacts with respect to construction impact due to erosion and sediment control. 9. Monitor other erosion treatment areas to ensure the desired effects of the "cure" are being enabled, and further suggesUrequire improvements to the corrective actions as necessary. 10. Work directly with the MAA and contractors to recommend and require corrective action or remedial actions to eliminate or significantly reduce and control any negative impacts with respect to erosion and sediment control. These recommendations would not only be the known Best Management Practices, but also site specific treatments and modifications to site specific treatments to ensure the best possible control measures. 11. Monitor recommended and required corrective actions and provide information to the QA/QC Advisory Group. 12. Conduct post-construction monitoring and recommendations for remediation to ensure correction to any soil erosion concems that may have surfaced after construction and any weathering on site in the expansion areas. 13. Provide information on all recommendations and required measures to the QA/QC Advisory Group. 14. Develop and deliver formal quarterly reports to the City Council, MAA and USFS. Staff Report Mt Ashland Discussion Enclosure (2) Page 3 of 4 15. Attend council meetings (every other month) or other public meetings (quarterly) to advise Council and the community. QAlQC T earn Authority: 1. Approval authority on the design of on-the-ground implementation and control measures with respect to prevention of erosion and sediment movements. 2. Approval authority to change the implementation process for the contractor to improve environmental protection measures with respect to erosion and sediment controls. 3. Approval authority to change monitoring locations to better provide data with regard to site specific impacts relating to erosion and sediment controls. 4. Reporting authority related to on-the-ground implementation and control measures with respect to prevention of erosion and sediment movements. 5. Authority and responsibility to notify City, MAA, and USFS whenever potential permit violations are evident. (May be duplicative of regulatory responsibilities, but this effort should compliment corrections to enforcement actions, not enforce permit violations). Assist with site specific improvements to overcome permit violations with regard to environmental impacts. 6. Authority to alert enforcement agencies (COE, NMFS, DSL, DEQ, EPA, etc.) if actual violations occur. Notification to City, MAA and USFS to occur concurrently. (May be duplicative of regulatory responsibilities, but this effort should compliment corrections to enforcement actions, not enforce permit violations). Assist with site specific improvements to overcome permit violations with regard to environmental impacts. QAlQC Advisory Group Authority: 1. The QA/QC Advisory Group recognizes the partnership for the expansion of the Ski Area and ensures that all of the entities have a forum for open discussion of any concerns with the construction process and it's affects on the environment. 2. This group is advisory ONLY and has no inspection or authority to require changes. 3. This group participates in the discussions with the technical QA/QC Team, but has no authority to override the QA/QC Team's direction to MAA or its contractors. 4. Assist in any dispute resolutions regarding the financial impacts and relative environmental impact should conflicts arise. 5. This group will report to its constituent group and will advise as to how its group would react. Contract and Financing: 1. City and MAA share equally in the cost of the QA/QC Team 2. City and MAA equally contract for the QA/QC Team services 3. City or MAA or the QA/QC Team can sever the relationship with 30 days notice (will be a provision in the contract). 4. City's rep for the contract administration is the Public Works Director 5. City's financing will come from the Water Fund If City Council concurs with these recommendations it is recommended that a memorandum between the parties be developed. Staff Report Mt Ashland Discussion Enclosure (2) Page 4 of 4 September 19, 2006 Board of Commissioners Jackson County Jackson County Courthouse Room 200 10 South Oakdale Medford, OR 97501 Dear Chair Gilmour, Commissioner Smith, and Commissioner Walker: The City of Ashland is opposed to adoption of LRP2005-0008, and the Ashland<<Pity Council respectfully requests that the County Commission reject this ordinance on second reading. While we understand that the policy intent of this action is to allow low density, non urban development on non-resource laIlch; in JacksQn County, we believe the impacts of allowing over 9,000 new single family4wellings out' rban areas in Jackson County - which would add population neatly eql!ivaL 0 that of Ashl!lJld itself - have not been fully explored. Discussion about additional rural development needs to take pl~ein the context of the Regional Problem Solving effort. The jurisdictions in Jackson <Pou.ntyhave worked for years to agree on how to accommodate groWtl1. The types of growth that would be allowed by this ordinance needs to be debatedintlj~ same way as. changes in municipal urban growth boundaries are discussed. LRP2005-0008 has a particularly significant impact on our community. Most of the areas that are proposed to be designated as Rural Us.e are adjacent to Ashland, Jacksonville, and Shady Cove. In As case, additional, unplanned development will have a negative impact on tr elopment proposed near Ashland north of Interstate 5 will exacerbate existing trail lems on Valley View Road and exit 19 on Interstate 5. The developm Lthat could It on d Indian Memorial Road and Highway 66 will likewise fi en tr land Street and the Exit 14 interchange. demand increased services, particularly transportation, r other revenues to pay for those services. We cannot llenew roads eets needed in our County, and our transit system is in s and transit, we are concerned about the impact of rural ols and on public safety services. Weare likewise concerned ent of this magnitude on scarce water resources. We believe ent will have urban-style impacts even if the County does not The City of Ashlapd,i$also concerned about the potential impact of this decision on the growing wine iridijstry in Jackson County. As active participants in Regional Problem solving, we know:.that many successful wineries are on land once thought to be marginal for farming. The City of Ashland believes that vineyards and wineries are an essential part of continuing Jackson County's proud heritage of one of the premier agricultural Jackson County Board of Commissioners September 19,2006 Page 2 areas on the west coast. As you know as well, there are often conflicts between agricultural uses and residential ones, so we believe that an action that encourages a significant amount of new residential development is harmful to farmin&:in Jackson County over the long haul. And if we want to see continued expansioIl of wine making, then the minimum lot size should mirror the State of Oregon's requirement of 15 acres to be considered a winery. On behalf of the City of Ashland, I ask that you reject this orqjnance. We believe the existing county code allows property owners to apply for a singh~ family dwetlingin .all of the areas affected by this ordinance. If the Board of Col'1ifi1issioners believes that County Code needs to be changed, the City Council would support a more detailed discussion of the recommendation made by the County Planning Commission, as this draft analyzed potential impacts in much greater depth. Altern . ly, the County could restrict the Rural Use areas to those outside of deer aJ1<l wifange, which would reduce the number of new dwellings that could be built s proposal to a more manageable and more rural scale. I appreciate your consideration of these comments. Sincerely, John Morrison Mayor c. Ashland City Co MarthCl;,Bennett, Cl DOCUMENTS SUBMITTED AT THE SEPTEMBER 19, 2006 COUNCIL MEETING ~erl\ffir flf) () 00 ro 1/&.r c...o~lorsJ l1CU<Jor ~ % MrY'J{llS1m:fol) · rl)1l\ F3Si1\3 0" :;l ~ ~ (YI <:lr-e fQ...Q;rl-ci ~~ -rfud- ~ ru:t Q VI ~ +0 -HuL f~' <'- Q oP /<e"tl~ a.nrVM) :fb.ffLiLj ~beH'oY\- o.JtcJl'L'3-, Witf ~f[<eJD.e ped- thiS ~/(-eVtJ(jrsec9) fYlu..eJJ-wwfeJ ~ icQj YlQY\C!. Q. b h -rt1,Q ~~ -fOr ~ V 0+2 ~u! U~ fU~ld 00 0 fefi~o\1 ~~~ ;30 ~'(.. ' /J ^^ 0 y-S eJ Yl-ee.& L ofs . t:....- r \. ).. ~ ~ex(lse u l)Je-1.P ha.+e k>e)~~ -tleJ ut oJ( ~ I {111^-~" \\ 1l.eoJ'Q I (m..t+ V1. o~ ,mucl1 . UJ-L O-o-V\ be t-~ereQ. KChJi:ly) ~fyl 1> · K~ , . <'7J1'. 1)l ~r By ~~@~OW[E~ lJlj SEP I 9 1006 ~ ~ Dear Councilors and Mayor: , ~' / ( ~j ",,\I I'm concerned about the animals in Ashland ~'lho aT'e tied up at their homes for eHcessive periods. They suffer loneliness, frustration and boredom. They also run the risk of strangling to death, getting abused by kids or adults, getting att~cked by animals, o~ dying of heatstroke. Jackson County allows animals to be tied for their entire lives on short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. :~ eft' ( q(ql()l q~! elP ~VV\ 6\ m t1Il e..:~ /- l \ 17, t.{fA./2 -- C ~Sf'h... C,~ &<.01 &{cGI;///h'I/! JlVll/Jikr Dun ~/} , 1{J,; ~ Wl:LL- often a barking r dogs are. - '^." ( p'? c.-, CP/~-, ) , / ,SY'/ ~~L!-Jf / C\ (\ )J ;t:\ t) .~ @ ttol. CCf'rIV t -::rp 7- ~ Z- 4- 5Zf/ J/~2 gt1:3 Ztff., "1 ft; 2 - t({ f2--- /-CJb 72tf/ ;7d2 CJ 541 2-6/~/O'13 ~, ~&t.f 1--0 ILl J-If-W E I jJSHL/1/lJ./) , M i2.35 l(os/J' - ~D~l S / _~~~~~ /A-s4l~ " f: / " . '~ Dear Counci lors and Mayor': I'm concerned about the animals in Ashland who ar'e tied up at their homes for excessive periods. They suffer loneliness, frustration and boredom. They also rU,n ,the risk CJf strangling to death, getting abused by kids or adults, getting att~cked by animals, aT dying of heatstroke. Jackson County allows animals to be tied for their entire lives an short chains. This is not a life that anyone in Ashland, including pets, should have to endure. Please pass a law to make this kind of animal abuse illegal. Please heavily restrict the tethering of dogs and other animals at their homes. By also help people. Chained likely to bite eORle often a barking r dogs are.. ,..~-b a -- 9-00 ___~L.___~._. q ;-q - o~ cr. 9 -0(0 "'11) ;(J.-- J tE"/.:'" t.--_ ..' ?Z rrr ~ '8' z f, --?Z }-9- Y , ! ;# l) q r3 5 .-;t:t- t;,... .' ,.~,. ~ q _f1~. vI" ' 7Cf Po. v- \L 4t-35 ~ ~ _ c/\..O_~J.L..-@ .a-~'1;1, ~ c)IPI/.ot, ~G..Cl'L IU J 1U7e- ,. " cv+ew\.CvV\.... 5Yo-SI3~" . 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