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.
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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
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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
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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
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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.
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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
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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 <_. """':
h 10 la"" In the lBt>le1u _ "is ""","nly~h1 _n goI ""'"
By Knin F"&<1n : e""W~ o(!he ond of hOlnI!' ~ In . llt'''' PrO!<<:! Conn"';
cu.",,,''.. STAf' ... . . essn_ . ""'" that hid ophlha!llUll
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~=cl=:"'l >lo<ld~ fr':~ ': ~~~ ~ht~~~iHlorJu~..1:%': to :r~_~t the.ddoor ~ ~~':n
~ . .~. ~ ffi$.de .am Cra- ' ":"'" 0IIld<", Con- -_no 5.1. he """ !!O im-
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pIe -tJllll on,.$id,~ 10 be let :: San Frlll1cioeo'. 6,2-l8 ~ act.... the nation to dllpli<"'/~'"
help, ""d prOllQUlk":ed San F_ !""'J>le ""'" ..... wiJli"8 10 come "l. can it 'l<!gilinla", ~y'
t:' Ih<:. rcilPlinll leader in t~ 'rWdc! :and a,l for lIid. $feallnj the best id"", m the"""';'
vol> ,ed ~I" f~ ,iniliatn-.. in. h':;/he end 0( the d:ay, 987 ~ ~ ~ them for rour.elf,"
cri<is": ~l>l:~.:' roMna!he - witb~S~~~,",::11: lI)QIf ~bJ.. .::..~ ~
~~:.r~'7;;;~g:-::.: ;:= ~;t-=:.=~ ?:::~tr~~
'e II in our COWlIrv.. ill<'. ~ ~ CMe, <oon.seI. ,hl..1S nothin, 5bort 0( rem.r~_
on homeless
nl'd in Oclober with 200
1""1' _ _... Yo/un.
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help llIlo >en1 elIl people In
Since the. ce; or hOUSJ,,1/.
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and !ram' fill a pJann/J'll
... lllg """"n and !he nexl
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"<>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
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Area 10.1 woo.ld 0.,,, :, I. &y
h~les,n... was No. I :pact,
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)>1lvate r_urca BIIS! 8ctt1ns
.nthwpk ~. n..., pllll.
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~"'" 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
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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.
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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
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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.
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ASHLAND FOREST LANDS COMMISSION MEETING
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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
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ASHLAND FOREST LANDS COMMISSION MEETING
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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.
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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
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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.
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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.
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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
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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
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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
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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:
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CITY OF
ASHLAND
Council Communication
Public Hearing
Settlement of a Property Ownership Dispute in Timberline Subdivision
Statement:
Resolution No. 06-26, approved by Council on September 5, 2006, established a date for a public hearing to consider
the settlement of a property ownership dispute between the City and Joe and Ruth Jarvis. 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
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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
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"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
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G:\pub-wrks\eng\STREImNorth Main Haines Closure 8 06.doc
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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)
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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.
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~
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
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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. Initial thoughts on the "authority, duties and responsibilities" for not only the Advisory Group, but also the
QA/QC Team (from the September 6,2006 Study Session}
CC MT Ashland QA/QC
Page 3 of 3
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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
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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
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Jackson County allows animals to be tied for their entire lives an short
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