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HomeMy WebLinkAbout1997-0401 Council Mtg PACKET Council Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER -- — a speak on any item on the Important: Any citizen attending council meetings m y p agenda, unless it is the subject of a public hearing which has been closed. 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 April 1, 1997 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. II. ROLL CALL APPROVAL OF MINUTES: Regular meeting minutes of March 18, 1997. IV. SPECIAL PRESENTATIONS & AWARDS: 1. Presentation of check for $2,500 from WP Natural Gas for the Lithia Park Restoration Fund. Mayor's Proclamation declaring April 9, 1997 as "Arbor Day in Ashland." V. CONSENT AGENDA: 1. Minutes of boards, commissions and committees. 2. Monthly Departmental Reports - March, 1997. 3. Letter from DEO congratulating City of Ashland and Ashland Sanitary for exceeding goals of 1991 Recycling Act. 4. Letter from Workers' Compensation Division congratulating the City for Performance Award for Excellence for self-insured employees. 5. Letter from League of Oregon Cities regarding Joint LOC/AOC Conference in Salem on April 21, 1997. Approval of Abstract of the Vote and Mayor's Proclamation for special election on March 11, 1997. VI. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 5 minutes per speaker and 15 minutes total.) VII. NFINISHED BUSINESS: 1. Approval of Findings, Conclusions and Order on a seven lot subdivision under the Performance Standards Option located at 25 Westwood Street. VIII. NEW & MISCELLANEOUS BUSINESS: 1. Letter from "B" Street Neighborhood Association requesting the appointment of a review committee to monitor performance of ICCA Center at.144 N. 2nd Street. 2. Request of Hospital Administration for Council approval of proposed expansion of surgical wing at Ashland Community Hospital. 3. Discussion of Funding of Siskiyou Boulevard Planning Process. IX. ODDINANCES. RESOLUTIONS AND CONTRACTS: Second reading by title only of "An Ordinance Adopting the North Mountain eig or oo Plan, Changing the Comprehensive Plan Map and Zoning Map Designations for the North Mountain Area, Adding Chapter 18.30 NM No. Mountain Neighborhood to the AMC Land Use Ordinance, Modifying Section 18.62.070.M of the Land Use Ordinance, and Adding Section VII 'North Mountain Neighborhood Design Standards' to the Site Design and OUse Standards." Reading by title only of "A Resolution Setting Forth Policies on Expenditure of Monies from the Arterial Street Assistance Account in the Capital Improvement Fund." qyz� Reading by title only of "A Res_ oluti m_Amending the City's Deferred Compensation Plan." ,4! Reading by title only of "A Resolution Supporting the Efforts of the Patrons of Lithia Park and The Ashland Parks Foundation to Identify Funding Sources for the Restoration of Lithia Park." ,5! Reading by title only of "A Resolution Supporting a Proposed Serial Tax Levy by Jackson County Fire District No. 5 and Clarifying Automatic Aid Policies." 6O Energy Sales Agreement between PG&E Energy Power Services and the City of Ashland, Oregon. Cow ntract with Rogue Disposal. X. OTHER BUSINESS FROM COUNCIL MEMBERS Xl. ADJOURNMENT MINUTES CITY COUNCH, STUDY SESSION March 29, 1997 CALL TO ORDER Mayor Golden called meeting to order at 12:35 p.m., Council Chambers. Attendance: Mayor Golden, Council members, Hauck, Reid, Hagen and DeBoer A. Roca Canyon Study Team Presentation/Hamilton Creek Presentation Group used visual presentation to show areas of erosion and how they will be doing water chemistry data collection. Discussed impervious surface areas of Roca Canyon. Commented on the public involvement of this study. Submitted recommended treatment sites which were the following: Elkader/Pinecrest Terrace Sediment Trap; SOSC Arboretum Sediment Basin; Paradise Creek Stormwater Wetlands; East Main pasture Wetlands and Rick Davis Wetlands. Explained that the City of Ashland Contract amount of $10,000 along with the U.S. EPA 319 Contract of$22,000 would continue the Roca Creek NPS abatement project. Question was raised regarding the Waldorf property and what direction it has taken. It was explained that piping has been discussed and is moving forward. Video was presented on the Hamilton Creek flood area. Discussed problem with the state putting in a large culvert on Siskiyou Blvd and how it could be mitigated in solving the potential problems surround this large culvert. Discussion regarding the potential threat to the city in this area. B. Communication Plan update Information from the League of Women's Voters on the "Making Democracy Work" campaign was handed out to council. Dick Wanderschied presented update on the Communication Plan to the council with implementation and dates on several minimal items. List of groups and organizations which could be attended by Ashland's elected officials was also handed out. Council agreed to have those minimal items submitted for implementation be implemented according to plan. 1 City Council Study Session 1-24-97 Cate Hartzell and JoAnne Eggers submitted memo to council with recommended changes to implementation to the Communication Plan of February 13, 1997. Discussion regarding newsletter and costs associated with printing a newsletter. Suggestion was made that the communication committee be allowed a certain amount for budget and then have them bring back recommendations within the allowed budget amount. City Recorder was requested to get information from Coos Bay on their newsletter. ADJOURNED Meeting was adjourned at 1:50 p.m. Barbara Christensen City Recorder City Council Study Session 1-2497 2 y g' x. f �'`fRAa.n\iA h•..�'?>wli\�iA' ce\ 6: v i mF ?. �f t,:/i'\w 'I'1; - ,f'v""i r r y -,e'•�}^;y� �// _, tt�f���'3:i•\: ° (/�`\>a�+.,\ �*„i i'y/n��• e_<��I^ 'y 7 € I ' PROCLAMATION ` WHEREAS, J. Sterling Morton proposed to the Nebraska Board of Agriculture in ,;;;;; 1872 that a special day be set aside for the planting of trees; and y . 3 I tt117 WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and � � m WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, k-�-•;: : sj1,1) reduce heating and cooling costs, moderate the temperature, clean the 's?(((I)` air, produce oxygen, and provide a habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, r� ' !f3`" fuel for our fires, and countless other wood products; and trees in our 2rf r.; city increase property values, enhance the economic vitality of business azeas, and beautify our communit • and trees are a source of joy and > spiritual renewal; and ?iiI`- WHEREAS, Ashland has been recognized as a Tree City USA by the National Arbor Day Foundation for twelve years and desires to continue its tree- _ diddid planting ways. NOW, THEREFORE, I, Catherine M. Golden, Mayor of the City of Ashland, do hereby proclaim April 9, 1997 as i tilj+ W <.., ARBOR DAY IN ASHLAND " and urge all citizens to support efforts to care for our trees and woodlands and to .� support our City's community forestry program. I further urge all citizens to plant 1 (ilt. trees to gladden the hearts and promote the well-being of present and future generations. < } Dated this 1st day of April, 1997. 'F Mir Catherine M. Golden, Mayor NRI INN ' Barbara Christensen, Recorder `:="` Di �- `A� y ,� ��/�a2w: r tv t - ' • s r.�z r s ,a r `,�tt a j '4t••i hut' `9 A�/.F '4" �' .it.-:.tire yj+� \lyll 4y/ �'. [ ,at t�` Q r '.{. \ �v/r P /� 4 .a� �T' A 1 : nn i, 1 1 C\n i __44,tro nrrC - \ n xw tt 1 nn q /a rl r �� ' : V, ,hM .<W : ...: f. .!: ✓. .... '..` .l , J2:V .. .:.. Y s�ci. .. : .....:,✓, \!n�.:_:• 1?�:</� 1 ASHLAND HISTORIC COMMISSION Minutes March 5, 1997 CALL TO ORDER The meeting was called to order at the Ashland Community Center by Chairperson Jim Lewis at 7:40 p.m. Members present were Jim Lewis, Terry Skibby, Joyce Cowan, Vava Bailey and Larry Cardinale. Also present was Associate Planner Mark Knox and Secretary Sonja Akerman. Members Curt Anderson,Cliff Llewellyn, Bill Harriff and Keith Chambers were absent. APPROVAL OF MINUTES Skibby clarified that on the top of page 3, the minutes should reflect he was referring to round river rock rather than any type of rock. He then moved to approve the February 5, 1997 minutes as clarified. The motion was unanimously passed. STAFF REPORTS Planning Action 96-143 Site Review 136 North Second Street. Mary Nelke Knox explained this project has come before the Historic Commission twice and has been to the Review Board many times. The owner is requesting approval to construct a new residence in the rear of the property. The existing house in the front of the lot consists of 852 square feet. The proposed one and one-half story house will comprise 1,640 square feet. The Review Board has worked with the owner and as a result, a new design has been submitted. It will be 24/2 feet high. The design is Craftsman in style and is broken up with • single story front porch and dormers. The facade will have a strong sense of entry with •walkway from Second Street. The existing curb cut will be filled and replanted with grass, thus eliminating the driveway. Four parking spaces will be in the rear off the alley. These spaces will have landscaped fingers and shade trees. Overall, Knox went on to say, Staff believes the design, which has taken elements from the existing house and others in the area, is now compatible. Also, the general characteristics of massing and height criteria have been met. Thus, Staff is recommending approval with conditions. Skibby said he saw the design at the Review Board and felt it was compatible. Bailey stated she doesn't have any problems with the design and is pleased it has a lower presence. Cowan agreed. Knox said that although the house is only a foot shorter, the massing issue has been reduced because of design elements. Skibby added the shadow lines and stepped up front porch have helped also. In addition, he likes the band around the bottom. Lewis commented typical trim on a Craftsman home is 1 x 5, and recommended the 1 x 5 corner trim match the window trim. Under the sill could be 1 x 3. Don Greene, contractor for the project, said when he was hired he and the owner took a step back and started over. They recognized the location is in a Craftsmanlike neighborhood and designed the new structure by tying in with elements of the existing house. Shingles, he noted, will only be on the gables. He then explained they are trying to balance the trim with the existing house and with the material available today, which would make the trim 1 x 3V2- Lewis questioned Greene about the size of the shingles, and Greene said there will be an eight or nine inch exposure. Lewis said typical exposure on Craftsman homes is five inches but understood why Greene would use a longer exposure. Greene noted the front house has a ten inch shingle spacing. He then related the owner has talked about changing the color of the front house. Both houses will be painted with compatible colors. The existing house will incorporate two colors and.a third color will be added to the new house. He emphasized they don't want both houses to look the same. Greene then submitted a photo that was taken with poles and balloons depicting the height and location of the new house in relation to the existing house. Carlyle Stout, attorney for the owner, addressed the Commission stating he bad reviewed the minutes, Turner's letter calling the action up for a public hearing, the drawings and the applicant's findings. He said if you look at all these things carefully, all concerns have been addressed. Technical concerns included height and massing and these have been addressed. He declared this is almost a textbook case. The overall effect is compatible with the neighborhood, and if considered as a whole, it has an outstanding design. .He conceded there will be loss of privacy and that will always be a concern. However, he cautioned the Commission to look at the project as a whole when evaluating the proposal. Pam Burkholder, who is married to Garrison Turner (he called this action up for a public hearing), acknowledged the value of the design and said it was probably as good as it can get. She still feels the objections raised in her husband's letter are a problem. The issue also involves having a larger structure behind a smaller one. She asked the Commission to consider the infill in the Railroad District and the precedence this action could set. She reminded the Commission the new design is only one foot shorter than the previous one, and said even Greene stated it was a much larger structure than the existing one. She went on to say the applicant stresses the residential components of the proposal, while sometime in the near future, she will have a Conditional Use Permit application for a travellers' accommodation before the Commission. The potential business risk needs to be taken into account. While the Staff Report states the owner should not be penalized for having a small house, she has found the only structure with a business downstairs and living unit(s) upstairs on her side of the street is the building she and her husband own. She also said it would be nice to have a drawing showing the streetscape and how the new structure will look from Ashland Historic Commission Minutes March 5, 1997 Page 2 the street. She stressed the fact that she doesn't feel the business venture necessarily fits into the residential area. Cardinale asked Burkholder about the potential Conditional Use Permit application. She said she would rather have the owner speak to that. Lewis assured the Commission this would be a completely separate application. Cardinale said he just doesn't want the Commission to be put into a compromising position if that was the intent all along. Lewis said it would be allowed in an R-2 zone and the Planning Commission will comment on that. He added he does not think the Historic Commission would be obligated to approve a B & B in the future. Cardinale said he understood that, but just wanted it to be on the record approval of this planning action would in no way approve anything else. Skibby questioned the window trim size. Lewis said if it ends up to be 1 x 4 (which is actually 1 x 3'h) it would look fine. It just shouldn't be any narrower. Cowan then moved to recommend approval of this action to the Planning Commission. Bailey seconded the motion and it was unanimously approved. Planning Action 97-018 Minor Land Partition/Variances 661 "B" Street Darrell A. Boldt Knox gave the Staff Report for this proposal, stating this request for a Minor Land Partition involves three Variances. Parcel one, with the existing house, would be wider than it is deep, thus the need for the Variance. The other two Variances involve setbacks for the existing house. The deck, which is considered a structure, would be five feet from the rear property line (ten feet is required). In addition, the side yard setback from the house to the east property line is proposed to be reduced from the required six feet to three feet. Knox stated the Historic Commission should only be concerned with the design of the proposed new structure on parcel two at this time because Staff is recommending denial of the application due to the Variances. Solar may also be a problem. Skibby stated the Review Board has only addressed design issues regarding this proposal, not the land use issues. He said that although the proposed house is one and one-half stories, the property slopes downward and not much will be visible from T" Street. When asked about window trim size, Darrell Boldt said it will be 1 x 6 on the top and 1 x 4 on the sides. Boldt added he did not want to mimic the design of the existing house, but took a few design elements from it and houses in the area. Skibby noted if the application is approved, he would recommend the alley not be paved. Ashland Historic Commission Minutes March 5, 1997 Page 3 Bailey recommended the windows on the west and south elevations be double hung. Lewis and Skibby agreed. Boldt said in his opinion, you can get the same effect with small pane windows at the bottom, and added they wanted to get as much light as possible. Knox declared since the Variance and solar issues will be dealt with at the Planning Commission level, the Historic Commission needs to make a decision in the Review Board capacity only. The final design will come back to the Review Board and there may be design changes. Skibby moved to recommend approval of the basic design of the proposed new structure if the Planning Commission approves the Minor Land Partition and Variances, maintaining the issues on design, such as windows, can be worked out with the Review Board. Bailey seconded the motion. Skibby amended the motion to include the alley not be paved. Bailey seconded the amendment. The motion with the amendment passed unanimously. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of February follow: 142 East Main Street Allen Connolly Addendum/Remodel 219 Almond Street John and Sharon Javna Addendum/Remod/Addn 101 Scenic Drive Sechan/Messner Partial Demolition 317 North Main Street Peter and Karen Cipes Swimming Pool 317 North Main Street Peter and Karen Cipes Pool/Guest House 152 Strawberry Lane Laura Dunbar Addition 62-66 East Main Street Ed Bemis/Allan Sandler Addition/Remodel 15 South Pioneer Street OSFA Reroof 281 Oak Street Brad Roupp Replace Shed 164 Sixth Street Craig Loop Remodel/Addition 160 Central Avenue Al & Virginia Silbowitz Porch/Deck Extension/Remod 102 South Pioneer Street Ashland Imports/Lot 9 Sign REVIEW BOARD Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: March 6 Skibby, Cowan and Lewis March 13 Skibby and Cowan March 20 Skibby, Bailey and Lewis March 27 Skibby and Bailey Ashland Historic Commission Minutes March 5, 1997 Page 4 OLD BUSINESS Proiect Assignments for Planning Actions PA # Address Person(s)Assigned 96-063 62-66 East Main Street Terry Skibby 96-075 265 North Main Street Vava Bailey 96-071 248 Eighth Street Curt Anderson 96-058 264 Van Ness Avenue Jim Lewis 96-098 190 Oak Street Vava Bailey 96-086 685 "A" Street Curt Anderson/Jim Lewis 96-110 499 Iowa Street Joyce Cowan 96-112 249 "A" Street Jim Lewis 96-9139 545 "A" Street Terry Skibby 97-014 20 South First Street Joyce Cowan 96-143 136 North Second Street Terry Skibby 97-018 661 'B" Street Jim Lewis NEW BUSINESS National Historic Preservation Week - May 11 through May 18 The theme for National Historic Preservation Week this year is PRESERVATIONBEGINS AT HOME. Included in the schedule of events discussed was an open house at the mausoleum, Ashland Cemetery walking tour on Sunday (May 11th) - Skibby, Railroad District walking tour on Friday (May 16th) - Lewis, walking tour in the Skidmore/Academy District on Saturday (May 18th) - Bailey and Cowan. Staff will verify if any National Register houses will be having open houses that week. The awards will be given at noon on Friday (May 17th) - place to be announced later. Ashland Location for Southern Oregon Historical Society The members were not aware of any ideal location. Bailey commented she has had quite a bit of feedback from citizens who appreciated the displays in the Mark Antony. The members all agreed the best location would be in the downtown area. Ashland Historic Commission Minutes March 5, 1997 Page 5 Letter from Kay Atwood Kay Atwood's letter regarding the completion of the Multiple Resource nomination of the cemeteries to the National Register of Historic Places was discussed. Lewis and Skibby will contact her to determine the amount of funding necessary. Staff will then write a memo to the City Council. ADJOURNMENT With a motion by Skibby and second by Cardinale, it was the unanimous decision of the Commission to adjourn the meeting at 10:10 p.m. Ashland Historic Commission Minutes March 5, 1997 Page 6 City of Ashland PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES February 24, 1997 ATTENDANCE: Present: Al Alsing, Bob Bennett, Teri Coppedge, JoAnne Eggers, Laurie MacGraw, Director Ken Mickelsen. Absent: None 1. CALL TO ORDER Chair Coppedge called the meeting to order at 6:30 p.m. at the Senior Building at Hunter Park. II. ADDITIONS OR DELETIONS TO THE AGENDA Director Mickelsen reported that the Ashland Gun Club had brought some information to the department regarding completing work on the training facility on the site. Chair Coppedge placed the item under New Business. III. APPROVAL OF MINUTES A. Regular Meeting - January 28 1997 Commissioner Eggers recommended several corrections to the minutes of the Regular Meeting of January 28, 1997: on page 1, last sentence, that the wording be changed from "Commission's endorsement to speak on their behalf when contacting people about grant opportunities" to "Commission's endorsement to contact people about grant opportunities"; on page 2, last sentence, the word "development" should be changed to "develop"; on page 4, mid-page, in discussion of utilizing a landscape architect related to flood damage, that it should be specifically noted that the Calle Guanajuato area was being discussed, not the entire area under the Commission's jurisdiction; also on page 4 regarding her preference that the Commission go out for a separate RFP for a landscape architect, that, included as part of her reasoning for having the opportunity to select a local firm would be its accessibility to the community and familiarity with the project area; on page 5, within Commissioner Alsing's motion related to the landscape architect, the words"in Lithia Park" should be changed to "on Calle Guanajuato".; and, lastly, at the bottom of page 5 concerning the appointment of Commissioner Alsing and Director Mickelsen as Commission representatives to the City's committee to review RFPs to select a consulting firm, that the phrase "with the other Commissioners' approval" should be deleted. In discussing the corrections, Commissioner MacGraw indicated that she felt that the phrase was appropriate because no one objected to the appointment. Commissioner Eggers said she did not believe at the time that the item was up for discussion but that the Chair had made the appointment and did not need the other Commissioners' Regular Meeting - February 24, 1997 Page 2 Ashland Parks and Recreation Commission Approval of minutes - continued approval. Chair Coppedge indicated that the Chair did have the authority to appoint but that such appointments were routinely made by consensus approval among Commissioners. However, she said that it was also her recollection that she did just ask Commissioner Alsing if he would be willing to serve and that she did not ask for comment from other Commissioners. By consensus, Commissioners agreed to have the phrase deleted. Commissioner Bennett made i motion to approve the minutes as corrected. Commissioner Alsing seconded. The vote was: 5 yes - 0 no B. Special Meeting - February 3. 1997 Commissioner Alsing made a motion to approve the minutes of the February 3, 1997 Special Meeting as written. Commissioner Eggers seconded. The vote was: 5 yes - 0 no IV. REVIEW OF FINANCES A. Approval of previous month's disbursements Commissioner MacGraw made a motion to approve the previous month's disbursements as indicated by checks #15394 through #15704 in the amount of$641,309.65. Commissioner Eggers seconded. The vote was: 5 yes - 0 no B. Approval of December 31, 1996 Quarterly Financial Statement Commissioner MacGraw made a motion to approve the December 31, 1996 Quarterly Financial Statement as presented. Commissioner Alsing seconded. The vote was: 4 yes - 1 abstain (Eggers) Commissioner Eggers indicated that she chose to abstain as she was not serving.on the Commission at that time. As the Public Participation portion of the agenda had been advertised to begin at 7:00 p.m., Chair Coppedge chose to proceed with other portions of the agenda prior to addressing the items specifically looking for public input. VI. OLD BUSINESS None VII. NEW BUSINESS A. Approval to advertise for bids - tennis court resurfacing Director Mickelsen indicated that staff was requesting authorization to advertise for bids for resurfacing the tennis courts at Hunter, Lithia, and Helman School. The project has been budgeted for this year and should be completed by mid-June. Regular Meeting - February 24, 1997 Page 3 Ashland Parks and Recreation Commission Approval to advertise - continued MOTION Commissioner Alsing made a motion authorizing advertising for bids. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no B. Approval to advertise for bids - maintenance equipment Director Mickelsen indicated that the specified equipment budgeted for this year is an aerator, a 4-wheel utility vehicle which would be used by the Forestry staff, and a seeder. He said that the dollar amount involved may not require the bidding process on all items, but that staff would like authorization to advertise for bids on those items which may be high enough to require bidding. MOTION Commissioner MacGraw made a motion authorizing advertising for bids. Commissioner Eggers seconded. The vote was: 5 yes - 0 no C. Recommendation for appointment to Ashland Parks Foundation Board Commissioner Alsing indicated that Celia Meese's term was expiring on the Ashland Parks Foundation Board. He also indicated that the Foundation's bi-laws stipulated that an individual could serve a second term. In a recent meeting, the Foundation Board chose to recommend to.the Commission that it appoint Ms. Meese to a second term. MOTION Commissioner Alsing so moved. Commissioner Bennett seconded. The vote was: 5 yes - 0 no D. Proposal by Ashland Gun Club Commissioners briefly reviewed a report submitted by the Ashland Gun Club for completing improvements to the leased site. As it was the first opportunity Commissioners had had to see report, consensus was to table the item and to place it on the agenda for the next Regular Meeting. At 7:00 p.m., Chair Coppedge chose to postpone the remaining items under New Business to later in the meeting and to address the Public Participation portion of the agenda. V. PUBLIC PARTICIPATION A. Public input on Lithia Park flood restoration Director Mickelsen presented a few slides related to the current status of the flood damage to Lithia Park on the east side of Ashland Creek, particularly the east side trail system. Following the showing of the slides, Chair Coppedge indicated that the Commission was seeking,input from the community as to what it would like to have happen regarding re-establishing the east side trail within the park. Regular Meeting - February 24, 1997 Page 4 Ashland Parks and Recreation Commission Public Participation - Flood Restoration- continued In response to a question from Commissioner Eggers, Donn Todt, Park Horticulturist, said that his best guess is that the red layer of soil about three feet down is fill brought in after the 1974 flood. Tom Foster (147 Nutley). Mr. Foster said that he felt it was important to re-establish at least a portion of the east side trail system for joggers, hikers, and those people who wanted to access the more natural area of the park. He said that he felt that some of the foot bridges should be replaced so as to create a multiplicity of routes through the park. He encouraged the Commission to contact community service organizations about funding rebuilding of the foot bridges. He also encouraged the Commission to coordinate another volunteer weekend. Jim Moore (1217 Park). Mr. Moore recommended that when approaching reconstruction that the Commission take advantage of what the natural forces have done. Referring to the last City Council meeting in which the Council restated its commitment to the Valdez principles, he recommended that the Commission commit itself to work with the environment and take advantage of what Ashland Creek has done rather than put it back to the way it was. He said that if we just put it back the way it was before, we will just have the same problem "because the creek doesn't like the way it was before." Steve Koskella (Scenic Drivel said that he kind of likes what the creek has done; its invited a little wildness into the landscape of the upper park. Saying he aesthetically enjoys this wilderness look, he hoped that some of those features could be retained and that the Commission only put back what needs to be put back. Laurence Olsen (2365 Lupine) said that he felt the Commission should look at the advantages of what the creek did by opening up the channels so "things won't get so screwed up the next time." Should analyze where the problems were, get all the best input you can, total resource analysis, and take time before deciding what to do. Don't try to correct everything. Not always what we would like to have done but what can be done. Nola Katopothis (491 Lori Lane) said her primary question was about money and the bond issue which citizens were being asked to vote on. She said she would like to see restoration, but wanted to know how much money was needed and where it was going to come from. In response to a request by the Chair, Director Mickelsen responded that it was his understanding that at the time the Council had had to write the ballot measure, an extremely rough estimate was that 2.6 million dollars would be needed to cover the cost of repaving damage related to the flood throughout the city. He said that his understanding was also that now that the various departments throughout the city had had the time to more thoroughly review the damage, that the actual cost would be much Regular Meeting - February 24, 1997 Page 5 Ashland Parks and Recreation Commission Public Participation - Flood Restoration-continued less and that the City would only sell bonds in the amount needed to cover the real cost of repair. Councillor Carole Wheeldon indicated that that was also her understanding and that she was going to encourage the Council to review all matters related to the bond measure at the upcoming Council meeting. She encouraged all those present who were interested to attend or view that Council meeting. Michael O'Brien (107 Fork). Mr. O'Brien said that first and foremost he believed that it needs to be remembered that we are talking about a park which people will be using and that the health and safety of those people needs to be considered when deciding what will be done. He said that living just above the park he can observe people using the area now and he feels some concern about the stability of some places. Jim Young (Talent). Mr. Young said that he was present as a representative from the Lithia Arts Guild which was very interested in restoration, particularly on Calle Guanajuato. In general he stated that he was supportive of diversity in use and design. He felt it would be important to use the community's interest and understanding of keeping diversity in a riparian area as it flows through an urban area. Mike Uthoff (633 Roca) indicated that the sooner we learn that we are "not in charge", the better off we will be. He said that he believed repetitively recreating "what was before" after each flood has proved an obvious mistake. He recommended a minimum of structural fixing and filling. Likes it the way it is now. Lloyd (Clay Street). Lloyd, a fifty-year resident of Ashland, said that he and his family have used the park a lot over the years. He said he didn't know exactly how it should be done or how to fund it but please "do it." He said that he felt it was very important to the people of Ashland and its many visitors to have the park back in shape. Somehow, we need to get a trail back on the east side. As it is now, you can't walk the entire length of the park without going into the street. Would like to see a complete trail on the west side of the creek as well! Lola Brosbe (198 N. Wightman) Ms. Brosbe inquired as to how quickly the playground area would be repaired, and, whether or not the food tax monies could be used to help pay for the flood damage. Chair Coppedge responded that, as approved by the voters, the Prepared Food and Beverage Tax can only be used for land acquisition, not for construction or maintenance. Director Mickelsen said that the playground will be repaired within about three weeks. Right now the department is waiting on the specially prepared sand which is used for safety purposes under the equipment. He also took the opportunity to let the audience know that he anticipates that the area of the park from the Bandshell to the plaza should be completely restored by early summer. It is the upper portion of the park which will require more study, time, and policy decisions prior to taking action. Regular Meeting - February 24, 1997 Page 6 Ashland Parks and Recreation Commission Public Particination - Flood Restoration-continued Cate Hartzell (881 E. Main) encouraged the Commission to take into consideration as much as possible the cause and effect nature of what happened and why; to take the opportunity to understand what happened all along Ashland Creek from the watershed down. Prior to making decisions about whether to fill or not to fill to look at the overall picture of what would happen next.time. She said that she hoped we would take this event as an opportunity to learn and try something different. As to re-establishing jogging and hiking trails, she said that she hoped that a process would be used to ask people what they "really need" so that a plan could be made which would better fit people needs with a more natural stream course. Phil Miller (Laurel St.) urged the Commission to act conservatively in the upper portion of the park. He said that he had first anticipated being depressed when he went to the upper park following the flood, but that his reaction was entirely different. He enjoyed the "wilder" look of the park; more like a river than a controlled stream. He suggested that the Commission put its money between the Bandshell and the plaza and focus on "wilderness" planning for the upper park; i.e. keep the stream channel wider, don't re- establish all the trails on the east side. He also speculated that perhaps some of the slides in the upper park may have contributed to taking out some of the bridges in the lower park. Michael G. said that he used the park a lot and wanted the trail on the east side rebuilt in some form but that he did not believe it would be necessary to replace all the bridges. He also said that a park is not a wilderness. He is also an avid user of wilderness and felt if someone wanted a wilderness experience they should go to the wilderness. Lithia Park was created. He said that the experience of walking the east side trail was very different than that of walking the west side; that he didn't necessarily want everything replaced the way it was, but wanted enough replaced so that the experience walking the east side would not be lost. He expressed concern that the widened creek channel would not be ecologically sound during summer months when the water flow has decreased substantially. _Mike Parker (Tolman Creek Rd ) said that he was a fish biologist and that the only place within the park which does look somewhat natural at this time is that widened portion of the creek. He said that this summer the side channels would warm up some but over time, when the riparian vegetation grows back, water temperature should not be a problem. He said that the structures in the channel in the lower park currently prevent fish from reaching the upper stream anyway. He said that he has used Ashland Creek in fisheries class studies and when doing so has used it to demonstrate what is un-natural about the channel, such as the rip-rapping. He said that he felt that some access to the east side of the creek would be appropriate but felt it should be as minimally intrusive as possible. Regular Meeting - February 24, 1997 Page 7 Ashland Parks and Recreation Commission Public Participation - Flood Restoration-continued Susan Powell expressed her opinion that Ashland Creek as it flowed through the park was more a "water feature" for the park rather than a natural waterway. She said that there is very little similarity between a truly natural creek and Ashland Creek. She said that it will always be part of a managed watershed. She said she supported a healthy ecology to the stream but felt that to have it totally "natural" was not realistic. Scott Kurtz (Liberty StJ•said that he loved the east side of the park and thought it looked great now. He said he would want a trail all along that side, but did not believe that we need as many bridges as we previously had. As to the front lawn area, he said that he felt that it would be okay not to replant the front lawn prior to "tourist" season if the engineering study which the City is undertaking is not yet far enough along to plant this spring. He recommended interpretive signs for the tourists and to hold off planting until fall. Indicating that he believed that the Commissioners were "stewards of the stream channel", he expressed concern for some of-the work done by City contractors on upper Granite Street which appears to have damaged the stream channel. Several other persons also spoke who re-iterated ideas and comments previously stated; primarily, that Commissioners should take time in making decisions regarding the stream channel, the east slope and east side trail using whatever technical resources.available to them prior to making those decisions so that old problems aren't recreated, that the "new, wilder look" to the east side wasn't all bad and in many respects was more aesthetically pleasing and provided better access to the stream channel, that having a trail on the east side was important to people who wanted a less urban park experience but that it may not be necessary to have the path as wide as it was in the past, and, finally, that some of the foot bridges should be replaced to provide access to the east side but not necessarily all the bridges. People encouraged the Commission to work closely with the City on the overall.picture, to remember that "the flood will happen again", to try to work with the natural forces as demonstrated by the flood, and to plan for the future. B. Kari Tuck - Partners for Wildlife Kari Tuck reported to the Commission on a visit from Maureen Sullivan, Project Officer for U.S. Fish and Wildlife, regarding the $9,500 grant for the natural area development of N. Mountain Park. She said that Ms. Sullivan had indicated that although most of Fish and Wildlife's projects were more focused on floodplain restoration that she was excited about the project in that it was in a public park and would receive a lot of visibility. Ms. Sullivan had also expressed concern however that the planning process was still in a conceptual phase and wanted to have a clearer understanding within the next six months as to how the monies would be used. In discussion with Commissioners, Director Mickelsen indicated that he foresaw no difficulty in supplying Ms. Sullivan with the kind of information she needed within the next six months. Regular Meeting - February 24, 1997 Page 8 Ashland Parks and Recreation Commission C. Open Forum A young woman named Tammi was present in the audience with her fiance who addressed the Commission about the fee charged to reserve a place for a wedding in Lithia Park. She said that she felt that a fee of $200 was not reasonable. She felt that to charge local residents for use of their own park was not appropriate. In discussion, Commissioners and staff briefly reviewed the reservation policy and the fee amount which have been in effect for several years. By consensus, Commissioners chose not to change its policy or waive the feedn this particular circumstance. Having completed the Public Participation portion of the agenda, Chair Coppedge returned to New Business. NEW BUSINESS - continued E. 1_997 - 98 Department Budget Director Mickelsen reviewed a final draft of budget worksheets which had been prepared following several Study Sessions in which the Commission discussed the various funds under its jurisdiction. He pointed out a few changes which had been trade after the last Study Session due to new information received from the City Finance Department. He indicated that as the City budget process moves along, some of the figures may change due to new information on ballot Measure 47. MOTION Following discussion, Commissioner Bennett made a motion to recommend the budgets as presented to the City Council and Budget Committee for approval. Commissioner Alsing seconded. The vote was: 5 yes - 0 no VIII. COMMUNICATIONS and STAFF REPORTS Director Mickelsen reported that this weekend would be the last of operation for the ice rink this year. IX. ITEMS FROM COMMISSIONERS None X. UPCOMING MEETING DATE(S) and PROPOSED AGENDA ITEMS The next Regular Meeting was set for Monday, March 17, 1997. The report from the Ashland Gun Club would be placed on that agenda. XI. ADJOURNMENT With no further business, Chair Coppedge adjourned the meeting. Respectfully s�bprniitted Ann Benedict, Business Manager Ashland Parks and Recreation Department -6n7 March 17, 1997 ^pp " S1'' DEPARTMENT OF r tl. l.ail="` t,l Brian Almquis[, Manager ,l`! 5 r � r, r 1a`!7 �'�� 1� ENVIRONMENTAL City of Ashland t,�,� ;';; y QUALITY 20 E. Main St. \,,, _ }'� '��t✓ Ashland, OR 97520 WESTERN REGION Dear Mr Kquist I would like to congratulate you and all recyclers in Jackson County in working together to attain a 33% recovery rate for calendar year 1995. This mark ranks in the top 15% statewide and far exceeds the 25% rate required of Jackson County by the 1991 Recycling Act. Residents of Jackson County should be proud of the cooperative efforts of recycling collectors,recycling processors, Jackson County staff, City staffs and all other recyclers/waste reducers in developing and implementing excellent recycling/waste reduction programs. Your efforts have helped Oregon attain a 34% statewide rate and have moved the state toward the 50% recovery rate targeted for 2000 by the 1991 Recycling Act. In 1983, Oregon adopted the Opportunity to Recycle Act. It established the Solid Waste Management Hierarchy which continues to guide solid waste management today. The Hierarchy sets clear public policy that waste prevention,reuse, recycling and composting should be practiced first as waste management options before turning to incineration and disposal. The State has progressed in recovering more of its waste. However, despite the fact that Oregonians recycle more material each year, the State will not reach its year 2000 50% recovery goal with current 1995 wasteshed(county) recovery rates. Materials with good resource value are still being disposed in significant amounts and Oregonians continue to generate more waste each year. DEQ staff are committed to helping Oregon attain the 50%mark and to assist in efforts to improve and expand recycling programs and waste reduction efforts. During this summer's legislative session, the Department will recommend statutory and programmatic tools to emphasize waste prevention, as well as to continue progress towards the State's 50% recovery goal by year 2000. If you have comments, suggestions, questions or want to discuss legislative proposals, please contact Bob Barrows of the Solid Waste Program in our Salem office. His number is (503)378-8240 ext.269. Again, congratulations on your significant recycling achievement. Sincerely, John A.Kitzhaber Governor Steve Greenwood Division Administrator Western Region e:\winword\rreport.95\grnwdjac.doc 1102 Lincoln Suite 210 Eugene, OR 97401 (541) 686-7838 DEQ/WR-101 1-91 Workers'Compensation Division In 350 Winter Street NE, Room 21,Salem,OR 97310-1321 11 March 24, 1997 DEPARTMENT OF CONSUMER AND BUSINESS SERVICES JILL TURNER CITY OF ASHLAND 20 EAST MAIN ST ASHLAND OR 97520 At the recent Oregon Self-Insurers Association Spring Meeting, the Workers' Compensation Division presented awards in recognition of self-insured employers who achieved excellent performance for timely filing of claims, first payment of compensation, and acceptance or denial of claims, based on findings from the Quarterly Claims Processing Performance (QCPP) audit. To receive an award, the self-insured employer must have achieved 80-percent or better performance in every category, and 95-percent or better aggregate performance for the three categories in each quarter reported for the period January 1, 1996 through September 30, 1996. Our records show that CITY OF ASHLAND qualified for an award, and it was received by a company representative or your third-party administrator. Please contact your third-party administrator if you have not yet received the award.' Congratulations for meeting a high standard of claims processing performance! Please contact me if you have any questions regarding this information. Sincerely, Rhonda Thompson Compliance Section Workers' Compensation Division (503)945-7704 FAX (503)945-7725 1%PnnAo11AmrnU Alin\TNOMPSRI\OSIAtCERTCOVR.SAM mp IA M k,�- 51 0 IV 0 :J�4t MV- El Wk CD o 0 (PD 0 UN r M ID 0 CD 11 < CD CD 'Zo CD CD 0 1. CD Sl 0 AR �07 CD 0 71, I.......... .......... .................... Il OF OAF C7 O .... Z March 20, 1997 TO: Oregon Mayors, City Managers/Administrators and Recorders FROM: Richard Townsend, Executive Director 6tlnrA'in,, together fill'livable RE: Joint LOC/AOC Legislative Conference-April 21, 1997 Oregoll C'011111f1111(11 L'.\' The League of Oregon Cities and the Association of Oregon Counties (AOC) invite you to participate in a Joint Legislative Conference to be held Monday, April 21, at League of Oregon Cities the Quality Inn in Salem (3301 Market St. NE). The program is designed to present Local Government Center local government priorities to legislators in the most effective manner possible C 1201 Court St.NE,Ste 200 before the final press of legislative activity. Salem,OR 97301 Ro. Box 928 Salem,OR 97308 The program will be gin at 9:00 a.m. at the Q uali ty Inn and will conclude with a (503)588-6550 or briefing for city officials immediately after lunch (included in the registration fee). 1-800-452-0338 Following the briefing, activity will shift to the Capitol where you will have time to Fax:(503)399-4863 visit with your local Representative and Senator. You are encouraged to invite our 6maiC loc @orlocalgov org f�' y legislators to join you for dinner (on your own) following the conclusion of the day's activities at the Capitol. During the day, key legislators will join LOC and PRESIDENT ACC staff to provide you with a current status report of legislative activities. Larry GnIblb.C.uncnor Baker I VICE PRESIDENT A registration form and tentative program are enclosed. Feel free to copy and D Craig LomnkkF Mayor distribute the registration form to others in your city. To ensure adequate seating in MJwaukin TREASURER meeting rooms and for meals, registration forms must reach LOC by Al2ril 16th. Boo McAlester,Mayor Tillamook PAST PRESIDENT We ask that city administrative staff coordinate registration of your elected officials. AeceCmenker Lake Oswego We also encourage you to contact other administrative staff in your legislative district to coordinate appointments with your legislators. Enclosed with this letter is Steve Bryant City Manager a postcard which we ask you to use to inform our staff of meetings you will be Albany having with your legislators on the 21st. Please return the postcard to our office by Chart a Moles,Commissioner P.rnanb April 16 as well. Phil Nook,Councilor en.leron Mike JWOen,O:y Atlminlsbah, If you will need room reservations, please contact the Quality Inn directly by calling Canby 1-800-248-6273 or, in Salem 370-7888. Reservations must be received by all Moore.Council., orri April 6th to take advantage of the reduced group rate of$58. ' Lou Ogoen,Mayor Tortilla Susan P.tort Mayo, We hope that many city officials will take advantage of this opportunity to meet Torrey Maya Jim Torrey Mayo, with their legislators as well as city and county officials from around the state. If you Eugene have any questions, please contact Phillip Fell or Doreen Fillman at the League Jihbrur Bayge,.Mayo, Office, 1-800-452-0338 or, in Salem, 588-6550. We look forward to seeing you on Monday, April 2 1! Richard C.Townsend RCT:PF:kab P-TaMP,ReoyJ w^a.er Enclosures ® FAUSERSKIM\LEGISUCCONE97 1997 Joint LOC/AOC Legislative Conference Sponsored by the League of Oregon Cities and the Association of Oregon Counties Apri121, 1997 - Quality Inn, Salem TENTATIVE PROGRAM 9:00 a.m. - Welcome and Introductions 9:30 a.m. 4- Don Lindley, AOC President; Commissioner, Lincoln County 9:30 a.m. - Opening Session 10:30 a.m. ❖ Senate President Brady Adams (invited) ❖ House Speaker Lynn Lundquist (invited) 10:30 a.m. - Break 10:45 a.m. 10:45 a.m. - Combined City and County Staff Briefings 12:00 noon 12:00 noon - Lunch 1:00 P.M. ❖ Governor John Kitzhaber (invited) 1:00 P.M. - City Briefing 2:00 p.m. County Briefing 2:00 p.m. Visits to the Capitol F AUSERSWIMUG ISLLEGCONF.97 1997 LOC/AOC Legislative Conference Sponsored by the League of Oregon Cities and Association of Oregon Counties April 21, 1997 - Quality Inn, Salem (beginning at 9 a.m.) REGISTRATION FORM Name (One person per form, please—make copies if needed) Title City/Agency Guest (if attending) (Full name, please) Address City/Zip Phone The registration fee is$25, which includes lunch and briefing materials. Payment Enclosed $ The registrationfiee is the same for guests. Special Diet: (Indicate type of diet needed) Requests for a special diet must be received by Wednesday, April 16. CANCELLATION POLICY. Cancellations must be received in the League office by 5:00 p.m., Wednesday, April 16. To ensure appropriate meeting and meal preparation, this registration form must be received in the League office by April 16. Please mail to: LOC/AOC Legislative Conference P.O. Box 928 Code# Salem, OR 97308 r , RESOLUTION NO. 97- A RESOLUTION DECLARING THE CANVASS OF THE VOTE OF THE ELECTION HELD IN AND FOR THE CITY OF ASHLAND, OREGON, ON MARCH 11, 1997. RECITALS: A. The City Council of the City of Ashland met on the 1st day of April, 1997, at the City of Ashland's Civic Center and proceeded to canvass the vote cast at the election held in and for the City of Ashland on the 11th day of March 1997. B. The Council has canvassed the vote and has determined the number of votes for the measure as follows: 15-54 General Obligation Bond Authorization Yes 2.740 for Flood Restoration and Mitigation No 2.325 THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Measure 15-54, which posed the question: "Shall the City be authorized to issue,general obligation bonds in an amount not to exceed $2,500,000? If the bonds are approved, they will be payable from taxes on property or property ownership that are not subject to limits of Article XI, Section 11 b of the Oregon Constitution." While a majority of those voting on this measure voted in favor, this measure is declared to have failed per Ballot Measure No. 47 (1996) criteria as voter turnout was less than 50%. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Rw wed as to fof Paul Nolte, City Attorney PAGE 1 - RESOLUTION DECLARING THE CANVASS OF THE VOTE (sdceunciAele=-397.resl ABSTRACT ELECTION REPORT RPT DATE: 03113197 RPT is 108.09 PACE /: 35 Regular District Election - Jackson county I March 31, 1997 I I T I c I P l IN I N I I I I I I I I I I I Logical Page i 29-01 I u l u l e l lee l o l I I I I I I I I I I n l r l I I n l n l n l 11 I I I I I I I I I I I I I I t l t l t l IS I I I I I I I I I I I I I I T I R l v l Is I I I I I I I I I I I I I I. h l ° I o 1 14 1 1 1 1 1 1 1 1 1 1 I I 1 i 1 g I t I I I I I I I I I I I I ° l i l i l IP I I I I I I ° I n l I1 I I I I I I I I I I I I I '$ I t I g I Ie I I I I I I I I I I I I 11 1 r l I le I I I I I I I I I I I I 1 1. Id I I I I I I I I I I I I I C I t 1 I I I I I I I I I I I I I 1 t I 1 I I IB I I I I I I I I I I I I I l i l e l I In I I I I I I I I I I I I I I n l n l I In I I I I I I I I I I I' I I I n I I I Id I I I I I I I 1 I I I I I I I I I I I I I I I 1 city of Ashland I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 Ashland I 8481 16931 50.31 I 4691 3531 I I I I I 1 I 1 1 1 1 2 Ashland 1 7171 14271 50.21 1 4391 2731 1 1 1 1 1 1 1 1 1 1 4 Ashland 1 6941 15931 43.61 1 3821 2931 1 1 1 1 1 1 1 1 1 1 1 5 Ashland 1 6591 16341 40.31 1 3111 3171 1 1 1 1 1 1 1 1 1 1 1 9 Ashland 1 5301 17511 30.31 1 2961 2111 1 1 1 1 1 1 1 1 1 1 1 10 sosc 1 231 2191 10.51 1 141 91 1 1 1 1 1 1 1 1 1 1 11 Ashland 1 6901 15881 43.51 1 3621 3161 1 1 1 1 1 1 1 1 1 1 1 12 Ashland I 6981 16071 43.41 1 3401 3311 1 1 1 1 1 1 1 1 1 1 1 13 Ashland 1 3771 7101 53.11 1 1471 2201 1 1 1 1 1 1 1 1 1 1 I I I I—I—iI—I—I—iI—I i —I i i 1 TOTALs: 1 52361122221 42.81 1 27401 23251 1 1 I 1 1 1 1 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Per Ballot Measure N47 criteria, voter turnout was 47%. I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I certify the votes recorded on this abstract correctly Signature of county clerk /'� Date of abstract summarize the tally of votes cast at the election indicated. ABSTRACT OF VOTES AT GENERAL AND ABSTRA T OF V ES AT PRIMARY ELECTIONS SPECIAL ELECTIONS Separate sheets for Democratic.Republican. Nonpartisan and other Votes cast for governor must be on separate candidates. page or pages. Separate sheets for candidates for city.county (including precinct) and state offices. RECD MAR 191997 A':% 0: A J0. A. Y ' J: 0 N 1, Catherine M. Golden, Mayor of the City. of Ashland, Oregon, do proclaim that at the election held in the City of Ashland,'Oregon,l,''on he 11th day of March 1997, there was submitted.., o the vote. �.-a...measure,posing.the..,,.qpestion. '!Shall the City be authorized to issue general obligation bonds iq :ai not to exceed n amount :$2.,500,000? If the bonds are,approved, they will be payable from taxes on�property or property ownership that are not subject to limits of Article)4,,'86don 14 o ,' 'l ,� tthe Oregon . .. ... Constitution.'�� A majority of th ose.voting on this measure._.:voted.... mv., vdre. but 66r,Bailot Measure #.47 (1996), this measure%failed with 2,740 affirmative votes to 2,325 negative voter 00 votes as ..."ter turnout was Osst an.5 Dated at Ashland, Oregon,::this day of April 1997. Catherihe'M Golden, Mayor PAGE 1-PROCLAMATION (sAcouncihproc-el.c.3 9 71 April 1, 1997 Susan Wilson Broadus, PE 549 Wilson Road Central Point, OR 97502 Mayor and City Councilors City of Ashland 20 East Main Street Ashland, OR 97520 At the March 4, 1997 City Council meeting, Administrator Almquist read a prepared memorandum entitled "Use of Professional Engineering Services through RVCOG". The memorandum was in response to questions raised by Councilor Wheeldon at the February 19, 1997 study session about the use of RVCOG staff services for signing plans as City Engineer. First, it is important to realize that the duties of a licensed professional civil engineer working in the capacity of city engineer extend far beyond merely signing plans prepared by others. Administrator Almquist stated in the second paragraph of his memorandum that Ms. Paula Brown, PE, served as City Engineer from the time that former Public Works Director Steve Hall left in December of 1995 through the employment of myself. However, on June 12, 1996, the city entered into an employment agreement with me for the position of Director of Public Works and City Engineer. At no time did Administrator Almquist inform me that Ms. Brown was under contract in a duplicated capacity as City Engineer. In the third paragraph of Administrator Almquist's memorandum, he stated during my seven month tenure from July 1996 to January 1997 that I did not sign any plans. This is inaccurate. I signed several sets of plans as Director of Public Works and City Engineer, including those prepared by developers' consultants and those prepared by staff members of my department. Additionally, my tenure extended from June 17, 1996 through February 4, 1997. In his final paragraph, Administrator Almquist stated that Ms. Brown's total billings for engineering services was for three hours of general consultation with Jim Olson at a total cost of $148.20. Obviously, this total does not include the thousands of dollars per month paid to RVCOG for her engineering services related to the demonstration wetlands project. Sincerely, Susan J. Wilson Broadus, PE I March 22,1997 Ashland City Council 20 E. Main St. Ashland, OR 97520 Re: Conditional Use Permit granted to the Interfaith Care Community of Ashland (ICCA), 144 North 2nd St. Dear Members of the City.Council, The findings for the above mentioned conditional use permit, dated December 19, 1995, call for a review process to occur one year after activity is initiated on the property. To this date, a committee has not been formed. It has become evident that an on-going monitoring process for the ICCA is needed, and we are requesting that the review committee be formed at the earliest possible date. Respectfully, Historic "B" Street Neighborhood Association C� Freddi Weishahn, Representative 338 "B" St. Ashland, OR 97520 Steve Sacks, Representative 259 "B" St. Ashland, OR 97520 co I I I sI I I I r I I I I LO cc O I I 1 1 1 I , i I I � � I I I Illlle I I I I I I N I I I 1 I I I I I I I I I � I I I I I I = I I I • 1 r I bn J-A I I I I I I I O • -J I CD ra 4-J Ca ' vs coI I � W C) I I I I I I I I I co I o op 1111111 I � � � I I I I I I I n I 1 I CODI I 1 co N^ 0 I 1 N I I 1 Y I I I y M N w m C N n 0 L LO 0 c r r c m t N r a co vs C) b I I 1 I I 1 I I I v+ � I I I ^ I I I I I I I I 1 I I I I I I I I I 1 C)m I I I � I 1 I I 1 I 1 I I I CODI � I f0 II I I O I I 1 1 I 1 I I I 1 ii I 1 C) H I I I I i I I 1 I I N I I I I 0 I I I I I I 1 1 I I O • //)� Vl A V/ I I O I I I I C) Q 0/�0 V b / I a I I I I I I I i I I I I I 1 I 1 co /� I i I I M m w I � I 1 I I 1 i I I I I c a I I I I v I I I I = L I I I 1 co N 0) a Q Q Q CD (D m (D CD Q (D Q v O 00 CD lie N r L I� r 1 I I I I — o IL � S ✓i8 xa 3' � / o� ✓llNINJ / �e LA I r Y� w %Ifll a N711} I < 1 ny I R R R Iid —_--_—___--_ • Z 39Vd 9TTL bZZ (EOS) :XVd 133.LIHDHU SOrXIHHV'IO HdGE :T 166T adV T or RESOLUTION NO. 97- y� A RESOLUTION SETTING FORTH POLICIES ON EXPENDITURE OF MONIES FROM THE ARTERIAL STREET ASSISTANCE ACCOUNT IN THE CAPITAL IMPROVEMENT FUND. The City Council has established an Arterial Street Assistance Account in the Capital Improvement Fund from an increase in the Transportation Utility Fee estimated at$50,000 annually; and The purpose of the account is to assist owners of residentially-zoned property abutting arterial or collector streets designated on the Comprehensive Plan for the added costs over and above the costs of a standard residential street. THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Account Established. An Arterial Street Assistance Account (account) is established in the Capital Improvement Fund from an increase in the Transportation Utility Fee of 370 for single family dwellings and 280 for multi-family dwellings. SECTION 2. Purpose. The purpose of the account is to pay for the added costs of arterial, sub-arterial, collector and sub-collector streets as identified in the Ashland Comprehensive Plan, over and above the costs of a standard residential street. Included are the following added costs: (a) Extra pavement width or depth for additional lanes, truck traffic or industrial use; (b) Extra sidewalk width where more than the neighborhood is served and where sidewalk width exceeds four (4) feet; (c) In addition to the current policy of matching 25% of the costs of sidewalks in any LID, an additional 25% of the cost of sidewalks may be provided by the council from this account, but such additional 25% may be provided to non-arterial projects where there are extenuating circumstances justifying the additional funds, with priority remaining for arterial streets. (d) Over-sized storm sewers which serve more than the project area; (e) One-half of traffic-calming measures; (f) Other features not required on typical residential streets. PAGE 1-ARTERIAL STREET ASSISTANCE RESOLUTION (r:,esu��t{o erteria..es SECTION 3. Standard Residential Street Cost. The standard cost of a typical residential street in 1996 dollars is established at $135.00 per linear foot, which should be adjusted on July 1 of each year by the Engineering News Record:(ENR) index of construction costs. The ENR as of July 1, 1996 was 5596.94. SECTION 4. Outside Agency Contributions. Financial assistance from agencies such as Jackson County, or the State or Federal government, shall not reduce the amount of project costs advanced from the Arterial Street Assistance Account. SECTION 5. Priority for Expenditure of Monies. Allocation of monies from the Arterial Street Assistance Account shall be on a first-come, first-served basis, and shall be limited to the unallocated monies on hand at the time of the formation of a Local Improvement District in which a street described in Section 2 is included and will be improved. SECTION 6. Eligibility for Expenditure of Monies. Only those properties zoned and used for residential purposes including vacant properties, shall be eligible for a reduced assessment. Schools, parks and non-profit organizations would be fully assessed unless reduced by the City Council, and provided that'monies for such reduction would be from other resources. SECTION 7. The effective date of this resolution shall be July 1, 1997. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor Reviewed as to form: raw � Paul Nolte, City Attorney PAGE 2-ARTERIAL STREET ASSISTANCE RESOLUTION Wresahrtio�anerisl.res) RESOLUTION NO. 97- A RESOLUTION SETTING FORTH POLICIES ON EXPENDITURE OF MONIES FROM THE ARTERIAL STREET ASSISTANCE ACCOUNT IN THE CAPITAL IMPROVEMENT FUND. The City Council has established an Arterial Street Assistance Account in the Capital Improvement Fund from an increase in the Transportation Utility Fee estimated at$50,000 annually; and The purpose of the account is to assist owners of residentially-zoned property abutting arterial or collector streets designated on the Comprehensive Plan for the added costs over and above the costs of a standard residential street. THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Account Established. An Arterial Street Assistance Account (account) is established in the Capital Improvement Fund from an increase in the Transportation Utility Fee of 370 for single family dwellings and 280 for multi-family dwellings. SECTION 2. Purpose. The purpose of the account is to pay for the added costs of arterial, sub-arterial, collector and sub-collector streets as identified in the Ashland Comprehensive Plan, over and above the costs of a standard residential street. Included are the following added costs: (a) Extra pavement width or depth for additional lanes, truck traffic or industrial use; ' (b) Extra sidewalk width where more than the neighborhood is served and ,- where sidewalk width exceeds four (4) feet; 6e i &)( cT ver-sized storm sewers which serve more than the project area; Traff c`dalming measures; � ) Other features not required on typical residential streets., SECTION 3. Standard Residential Street Cost. The standard cost of a typical residential street in 1996 dollars is established at $135.00 per linear foot, which should be adjusted on July 1 of each year by the Engineering News Record (ENR) index of construction costs. The ENR as of July 1, 1996 was 5596.94. PAGE 1-ARTERIAL STREET ASSISTANCE RESOLUTION Y:resoluIio\arteri al.resl SECTION 4. Outside Agency Contributions. Financial assistance from agencies such as Jackson County, or the State or Federal government, shall not reduce the amount of project costs advanced from the Arterial Street Assistance Account. SECTION 5. Priority for Expenditure of Monies. Allocation of monies from the Arterial Street Assistance Account shall be on a first-come, first-served basis, and shall be limited to the unallocated monies on hand at the time of the formation of a Local Improvement District in which a street described in Section 2 is included and will be improved. SECTION 6. Eligibility for Expenditure of Monies. Only those properties zoned and used for residential purposes including vacant properties, shall be eligible for a reduced assessment. Schools, parks and non-profit organizations would be fully assessed unless reduced by the City Council, and provided that monies for such reduction would be from other resources. SECTION 7. The effective date of this resolution shall be July 1, 1997. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of , 1997 Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor / u c�s/r x C�� f1 7i 73C c urrP���'e/L/ .,z �i�u,ts GI O✓C 714 bw f sia,d die fJY✓tsvA 61 YAW- C�2 [i9e ri /S s!C!°.•r!n / /,7� �N✓:aR'%-I 5'D /�G//frt//—Rr7�i'i s%�.P///''V�t�'f�T :✓�+I.Y_ 7x,?iY ere- PAGE 2-ARTERIAL STREET ASSISTANCE RESOLUTION f:resolutiolarterial.resi 2. Reading by title only of "A Resolution Setting Forth Policies on Expenditure of Monies from the Arterial Street Assistance Account in the Capital Improvement Fund." City Administrator Bn-an A]mQuist,read resolution e of clan the �,i"` accoyy�(�t h° �° °°' a a that - '-®,.� wills Ee roug` t o council for approval. pAlmquist cl ed for council u Section 2(e) tha�re�Laf g list all e ossibilities, i would includ thing at would t be req ' a typi n hborh 01 - Councilor Wheeldon commenxed o som of the chall ages at fag residents pf`arteriais and requested council to consider''" pmt addi 'onal 2�5�„c o . rs` n' for arterials,as-a-a�- ef-wknewlsdgmvent. Wheeldon traffic calming expenses,ani�riat �aa-+hPt �- rh;c should be insludir, xla[+ rPar+k,� or that_t;�—m.Tom_ ;=^ l +c ie h] e PRSIP.T if»nnlri_he _ 1-thl$- t •S,o�.. ti,o ., at- t s is an. n oin fund will take time to accumulate tha< 4hwem-be-a- . rw l P o s s, � to look at a g r set dollar amount that could be borrowed against. Almquist agreed that during the first year, this could be done up to $50,000 and initiated as of July 1, 1997. Almquist clarified with council that amendment to resolution would be to add one half of traffic calTiq e�.pehses to Sectio 2 ) d that the-rar sidewalk policy MJK -r increas*&arterial streets to 50%. kw-eenneii•-eemideratl e-enrrent-greposed->eselatie�- City Council Meeting 401-97 3 Councilor Laws discussed-n4ar-zs%&s:Lputting the additional 25% of the sidewalk match in something more flexible so that council could be more discretionary with the use and priority of thisJ5%. Wheeldon explained that there is a $20,000 sidewalk fund for linkst which is p �si�pxe}eet.and also $30,000 which is available for residential LID,There was question as to favoring arterial streets or other streets for the extra incentive money. Mayor Golden commented that there are a number of arterial streets that do not have sidewalks and the problem is that some of the older neighborhoods and have been developed without sidewalks. These arterial streets tend to need a more safer place for pedestrians than other residential areas that move more slowly. There is a tendency to travel at a higher rate of speed on arterials along with volume of traffic. Golden suggested that council consider amending the resolution to include a primary emphasis in arterials with a secondary, so that if a project comes up that is of concern based on volume and needs in terms of pedestrian traffic, that the council would have the option to be more discretionary. Councilors Laws/Wheeldon m/s to approve Resolution #97-- with the proposed amendments to Section 2(b) and 2(d) with clarification that primary focus will be arterial streets allowing the council to use discretion in other areas where there may be extenuating circumstances that would demand additional funds to retrofit. Roll call vote: Hagen, Wheeldon, DeBoer, Laws and Hauck, YES. Motion passed. City Council Meeting 401-97 4 RESOLUTION NO. 97- A RESOLUTION SETTING FORTH POLICIES ON EXPENDITURE OF MONIES FROM THE ARTERIAL STREET ASSISTANCE ACCOUNT IN THE CAPITAL IMPROVEMENT FUND. The City Council has established an Arterial Street Assistance Account in the Capital Improvement Fund from an increase in the Transportation Utility Fee estimated at$50,000 annually; and The purpose of the account is to assist owners of residentially-zoned property abutting arterial or collector streets designated on the Comprehensive Plan for the added costs over and above the costs of a standard residential street. THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF ASHLAND DO RESOLVE AS FOLLOWS: SECTION 1. Account Established. An Arterial Street Assistance Account (account) is established in the Capital Improvement Fund from an increase in the Transportation Utility Fee of 372 for single family dwellings and 282 for multi-family dwellings. SECTION 2. Purpose. The purpose of the account is to pay for the added costs of arterial, sub-arterial, collector and sub-collector streets as identified in the Ashland Comprehensive Plan, over and above the costs of a standard residential street. Included are the following added costs: (a) Extra pavement width or depth for additional lanes, truck traffic or industrial use; (b) Extra sidewalk width where more than the neighborhood is served and where sidewalk width exceeds four (4) feet; (c) Over-sized storm sewers which serve more than the project area; d) Traffic-calming measures; (e) Other features not required on typical residential streets.. SECTI 3. Standard Residential Street Cost. The standard cost of a typical residential street in 1996 dollars is established at $135.00 per linear foot, which should be adjusted on July 1 of each year by the Engineering News Record (ENR) index of construction costs. The ENR as of July 1, 1996 was 5596.94. PAGE 1-ARTERIAL STREET ASSISTANCE RESOLUTION W,esulutfo�anedal.,es) SECTION 4. Outside Agency Contributions. Financial assistance from agencies such as Jackson County, or the State or Federal government, shall not reduce the amount of project costs advanced from the Arterial Street Assistance Account, SECTION 5. Priority for Expenditure of Monies. Allocation of monies from the Arterial Street Assistance Account shall be on a first-come, first-served basis, and shall be limited to the unallocated monies on hand at the time of the formation of a Local Improvement District in which a street described in Section 2 is included and will be improved. SECTION 6. Eligibility for Expenditure of Monies. Only those properties zoned and used for residential purposes including vacant properties, shall be eligible for a reduced assessment. Schools, parks and non-profit organizations would be fully assessed unless reduced by the City Council, and provided that monies for such reduction would be from other resources. SECTION 7. The effective date of this resolution shall be July 1, 1997. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997 Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor PAGE 2-ARTERIAL STREET ASSISTANCE RESOLUTION if:resolutiolarterial.resi RESOLUTION NO. 97- A RESOLUTION AMENDING THE CITY'S DEFERRED COMPENSATION PLAN RECITALS: A. The City of Ashland as an employer has employees rendering valuable services. B. The City has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel. C. The City has determined that the continuance of the deferred compensation plan will serve these objectives. D. Amendments to the Internal Revenue Code have been enacted that require changes to the structure of and allow enhancements of the benefits of the deferred compensation plan. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City amends and restates the deferred compensation plan ("the Plan") in the form of the ICMA Retirement Corporation Deferred Compensation Plan and Trust. SECTION 2. The assets of the plan shall be held in trust, with the City serving as trustee, for the exclusive benefit of the Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in the ICMA Retirement Trust shall be held for further exclusive benefit of the Plan participants and their beneficiaries. The City agrees to serve as trustee under the Plan. SECTION 3. The Plan will not permit loans. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor R viewe to form: Paul Nolte, City Attorney (p:o, cma..es) RESOLUTION NO. 97- A RESOLUTION SUPPORTING THE EFFORTS OF THE PATRONS OF LITHIA PARK AND THE ASHLAND PARKS FOUNDATION TO IDENTIFY FUNDING SOURCES FOR THE RESTORATION OF LITHIA PARK THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Lithia Park was established by a five to one vote of the citizens of Ashland in 1908 and follows Ashland Creek from the Ashland Plaza area for more than 100 acres. SECTION 2. Lithia Park was designed by noted landscape architect John McClaren in 1916 and has been enhanced and maintained by the Ashland Parks and Recreation Department for the past eighty-one years. SECTION 3. Lithia Park forms a scenic and much enjoyed part of Ashland's downtown, drawing area residents and visitors from all over the nation who support our city's economy. SECTION 4. Lithia Park has been the site of thousands of civic and private parties, reunions, festivals, and fairs including the annual Feast of the Tribe of Will, the 4th of July celebration, summer band concerts, and the graduation ceremonies of both Ashland High School and Southern Oregon State College. SECTION 5. In 1982 Lithia Park was included on the National Register of Historic Places as an outstanding example of distinctive American landscape architecture. SECTION 6. Lithia Park in 1996 was selected as one of sixty unique settings out of 225 locations to appear in the nationally published Guide to Great American Public Places. SECTION 7. The flood of Ashland Creek in January 1997 wreaked havoc to the landscapes, pathways, playground, and other areas of Lithia Park, causing damage estimated at $1,200,000. SECTION 8. Even those areas of Lithia Park outside the flow of floodwaters were harvested for dirt and fill as a way to re-direct water from further damaging the buildings of the Ashland Plaza. SECTION 9. More than 54 percent of the votes cast in early May supported passage of Ashland's bond request for the repair of flood damage but due to the requirements of Ballot Measure 47 that majority was insufficient to provide funds to continue the PAGE 1-RESOLUTION (R,e .Iutu@hiepk.res) restoration work. NOW THEREFORE BE IT RESOLVED that the Ashland City Council supports the Patrons of Lithia Park and the Ashland Parks Foundation in their efforts to identify other sources of funding for the restoration of Lithia Park. We encourage any and all agencies and foundations to aide these groups so that Lithia Park may once again resume its role as the focal point of our beautiful downtown. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997 Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-RESOLUTION ((1r 01utVithiapk.m) RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND SUPPORTING A PROPOSED SERIAL TAX LEVY BY JACKSON COUNTY FIRE DISTRICT NO. 5 AND CLARIFYING AUTOMATIC AID POLICIES RECITALS Jackson County Fire District 5 and the City of Ashland have had a long-standing record of mutual aid and cooperation in both fire suppression and training; and Due to anticipated property tax revenue reductions resulting from Ballot Measure 47, the District is proposing a Serial Tax Levy at the May 20, 1997 election to enable the District to maintain its current levy of fire and EMS protection throughout the District; and The Ashland City Council wishes to publicly state its strong support for the proposed levy in order to maintain the mutually beneficial relationship our two fire agencies have enjoyed for many years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland as follows: SECTION 1. The Ashland City Council endorses the serial tax levy proposed by the Board of Directors of Jackson County Fire District No. 5, and urges District patrons to support the continued sharing of resources, whic ave reduced fire insurance premiums for residents of our two agencies, as w as prevented the loss of life and property. SECTION 2. In the event the levy is not approved, a current automatic-aid agreement between the City and District be am ded to provide that fire protection assistance from the City of Ashla d will o be provided in those instances where the District has already committed a r asonabI vel of resources to the incident. Under the new arrangement, the C of Ashla ould not assume responsibility for replacing District "first respo se" fire prote 'on resources eliminated by revenue reductions. } 1 PAGE 1-FIRE DIST. 5 SERIAL TAX LEVY RESOLUTION If:resolutio\F05srlvy.res This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1997 Barbara C. Christensen, City Recorder SIGNED and APPROVED this day of 1997. Catherine M. Golden, Mayor PAGE 2-FIRE DIST. 5 SERIAL TAX LEVY RESOLUTION (faesalutiaNFD5srlvy.re ) ASHLAND FIRE & RESCUE MEMO March 26. 1997 TO: Mayor Cathy Golden and City Council FROM: Keith E. Woodley, Fire Chief SUBJECT: Jackson County Fire District No. 5 Serial Levy On May 20th, 1997, Jackson County Fire District No. 5 will submit a serial levy for for voter approval which is intended to maintain present service levels that will be substantially reduced under the proposed revenue restrictions contained in Ballot Measure No. 47. If this levy is not approved by the voters of the Fire District, it will substantially limit the availability of reserve fire protection resources to the City of Ashland. The City of Ashland and Jackson County Fire District No. 5 have maintained a mutually beneficial reciprocal aid agreement for a number of years. As a result of this arrangement, approximately $500,000 in reserve fire protection resources are provided to the City of Ashland annually in the form of two additional staffed fire engines at no cost to Ashland taxpayers. In exchange for this reserve capability, the City of Ashland provides reserve fire protection resources to the fire district at similar levels. Should the Fire District voters choose to reject the proposed serial levy, the reserve fire protection resource to the city of Ashland will be substantially reduced or eliminated. If this result occurs, the City will need to re-evaluate its long-standing mutual aid agreement with the Fire District. If there is no change to the current operating arrangement between the fire departments, and the Fire District is forced by revenue reductions to close fire stations, or substantially reduce staffing of emergency vehicles, the fire protection capabilities of the City will be pulled frequently into the fire district to replace the loss of "first response" resources. It is reasonable to expect, should this occur, that the length of commitment of Ashland personnel on Fire District emergency scenes will be significantly extended due to inadequate staffing at the scene. This will result in a serious reduction in fire protection resources within the City, which does not occur under the current arrangement. Given the seriousness of the impact of this potential development on emergency services within the City, I recommend the following actions be taken by the City Council: Memo to Mayor Golden and City Council Members March 26, 1997 Page Two 1. A statement by the City Council publically supporting the JCFD #5 serial levy. 2. Authorization by the City Council of an adjustment to the current automatic-aid agreement between the City of Ashland and Jackson County Fire District No. 5, providing for fire protection assistance from the City only in those instances where the Fire District already has a reasonable level of emergency resources already committed to the incident. Under this arrangement, the City of Ashland will not assume responsibility for replacing Fire District "first response" fire protection resources eliminated by revenue reductions. The City of Ashland and Jackson County Fire District No. 5 have maintained an excellent level of fire protection resource for residents of south Jackson County through a cooperative effort of resource sharing. This relationship has served to minimize financial investment by both agencies, while ensuring a prompt, efficient emergency service delivery system. It is my hope that this partnership will continue in the future through provision of adequate levels of funding by the voters of both jurisdictions. CITY OF ASHLAND Administrations` Office of the City Administrator ;::• �: MEMORANDUM �•°aEG°?,•'' DATE: March 18, 1997 TO: Honorable Mayor and City Council FROM: Brian L. Almquist, City Administrator RE: Power Sales Contract Replacement Last summer, the City was successful in securing a contract amendment with BPA to allow us to enter the competitive marketplace for 15% of our electric load. We elected to take that energy during the months of October through March, when BPA energy prices are highest, at 4 MW per month. After negotiating with both Pacificorp and BPA, we were able to secure a 15-month contract for BPA "spillpower" at an average cost of 14.5 mills per KWH. That contract began on October 1, 1996 and terminates on December 31, 1997. Last November, the Mayor and Council approved a resolution allowing our participation in a joint power purchasing cooperative entitled the "Oregon Utility Resource Coordination Association" (OURCA). This group initially includes EWEB, Tillamook Peoples' Utility District, Blachy-Lane Co-op, the City of McMinnville, the City of Forest Grove, and the Clatskanie Peoples' Utility District. A number of other utilities have requested membership and it is hoped that with time, all of the consumer-owned utilities in the State of Oregon will become participants. As a group, the consumer-owned utilities constitute about 20% of the total Oregon electric load, and would position us to have a marketplace advantage in the electric power purchase arena. I currently serve as President of OURCA. I strongly believe that our continued participation in this organization will prove to be our most effective mechanism for keeping power purchase costs down when our contract with BPA expires on September 30, 2001. This date coincidentally is the date most people believe will also be the implementation date for retail wheeling for consumer-owned utilities. OURCA recently mounted its first solicitation for proposals. On February 7 we received bids from 11 firms for a variety of electric power needs for five of the OURCA members. The City of Ashland received 9 bids for the period of January 1, 1998 through December 31, 2001. The low bid was from Vantus Energy, at 16.15 mills per KWH. Vantus is a subsidiary of Pacific Gas & Electric headquartered in San Francisco. PG&E has had a long- term relationship with BPA wherein they have exchanged power over the North-South intertie; PG&E is a reliable company with annual revenues of nearly$10 billion serving over 8 million customers in 22 states. The Vantus subsidiary currently supplies over 300 MW/hr. of wholesale energy to utilities on the West Coast. Because the energy market is in a state of flux, the 16.15 mills price quoted by Vantus is valid only until March 21. It was therefore necessary for me to provide the attached Letter of Intent, with the understanding that any contract would be subject to final approval of the City Council. From everyone I have spoken with within our association, as well as BPA, this is a very good price, and will give us retail rate stability through the end of our contract with BPA. I will be negotiating the actual contract language between now and April 1, which will provide all of the provisions needed to insure reliability and price protection, and I will present that contract to you for your approval on April 1. For your information the other bids were as follows: 1. Vantus 16.15 mills/KWH 2. Louisville G&E 16.70 mills/KWH 3. Illinova 17.50 mills/KWH 4. Pacificorp 17.55 mills/KWH 5. Enron 17.60 mills/KWH 6. Utilicorp 17.74 mills/KWH 7. WWP 18.10 mills/KWH 8. B.C. Hydro 21.75 mills/KWH 9. BPA 21.33 mills/KWH Please call me if you have any questions. %Ab\wma\.mno.317 C I T Y O F A S H L A N D CITY HALL ' ASHLAND.OREGON 97520 Ielepnone(code 503)482-3211 March 14, 1997 Mr. J. Michael Snowden N.W. Manager, Power Marketing Vantus Energy 201 N.E. Park Plaza Drive, Suite 206 Vancouver, WA 98684 Re: Letter of Intent Dear Mr. Snowden: Pursuant to the proposals submitted to OURCA through Scales Power Marketing, Inc., on February 7, 1997, the City of Ashland hereby notifies you of its intent to enter into negotiations to secure a contract for energy services for the period of January 1, 1998 to March 31, 2002 at a delivered price to the BPA grid of 16.15 milks per KWH. We are in the process of reviewing the contract which you sent us this week, and hope to meet you with next week to attempt to work out language which is satisfactory to both parties. It is also our intent to have that contract ratified by the Ashland City Council at its regular meeting on April 1, 1997. Sincerely, /'Brian L. Alm, City Administ APPROVED By: aul N , cc Mayor and City Council ENERGY SALES AGREEMENT BETWEEN PG&E ENERGY SERVICES AND CITY OF ASHLAND, OREGON This Agreement dated , 1997, is made by and between the City of Ashland by and through its Department of Electric Utilities, a municipal utility of the state of Oregon ("Ashland") and PG&E Energy Services, a California Corporation ("PG&E"), collectively referred to hereinafter as "the Parties." RECITALS: PG&E is a California Corporation engaged in the sale of electric power and energy; and Ashland is a municipal utility of the state of Oregon which owns and operates an electric system; and PG&E has agreed to deliver, and Ashland has agreed to receive and purchase, Firm Power requested by Ashland for any hour, up to a maximum of the Contract Demand, during the term of this Agreement, under the terms and conditions contained herein; and PG&E has agreed to back deliveries of Firm Power contained in this Agreement with Operating and Spinning Reserves and all other requirements as set forth and required in the Northwest Power Pool's (NWPP) Minimum Operating Reliability Criteria (MORC), as amended; THEREFORE, PG&E and Ashland agree as follows: Section 1. Definitions 1.1 "Agreement" means this agreement between Ashland and PG&E. 1.2 "Billing Month" means each period beginning at 0100 hours Pacific Time on the first calendar day of each month and ending at 2400 hours Pacific Time on the last calendar day of such month during the term of this Agreement. 1.3 "BPA" means the Bonneville Power Administration. 1.4 "Contract Demand" means the maximum rate of delivery as any hour of capacity which is 4 Megawatts (MW) in this Agreement. 1.5 "FERC" means the Federal Energy Regulatory Commission or its successor. 1 1.6 "Firm Energy" means for the term of this Agreement, PG&E shall deliver Firm Energy at load factors as provided in Section 4.1. 1.7 "Firm Power" means Firm Energy which PG&E shall deliver to Ashland during any Billing Month up to the Contract Demand, for which PG&E provides Spinning and Operating reserves as required by the Northwest Power Pool's MORC, as amended. 1.8 "Hours" means hours measured by Pacific Time. All hours are assumed to be "hours ending" unless specified otherwise. 1.9 "Monthly Load Factor" means the fraction, expressed as a percentage, equal to the megawatt hours of energy (4 megawatts multiplied by the number of hours in the month) taken during a calendar month divided by the Firm Capacity in the month. Section 2. Term The Term of this Agreement will begin with the 0100 hour of the "Effective Date" and will continue through the 2400 hour on March 31, 2002. The Effective Date shall be the later of January 1, 1998 or the date this Agreement is accepted by FERC, without any change or condition unacceptable to PG&E or Ashland. Section 3. Price 3.1 Prices. Prices are fixed for the Term at the amount of 16.15 mills per kilowatt hour for all costs delivered to the Primary Point of Delivery as specified in Section 5, including transmission and any other ancillary services. 3.2 Fixed Rates. The rates for service specified in this Agreement shall remain in effect for this Agreement and be determined in accordance with this Agreement for the Term, and shall not be subject to change for this Agreement through application to the Federal Energy Regulatory Commis- sion pursuant to the provisions of Section 205 or 206 of the Federal Power Act absent the agreement of the Parties. 3.3 Invoices. Within ten (10) days after the end of each calendar month, PG&E shall submit its invoice for the dollar amount due for the capacity and energy scheduled to Ashland pursuant to Section 4 below. Ashland shall pay PG&E the amount properly due and payable under PG&E's invoice by the twenty-fifth day (25) of the month following the month of service, but in no case will Ashland have less than 20 days from the date of receipt to pay such invoice. Interest shall accrue on any past due amounts at a rate of 1.0 2 percent per month or the maximum rate of interest allowed by law, whichever is less. Amounts due shall be paid to PG&E by electronic fund transfer. 3.4 Obligations of the Parties. All invoice amounts due either Parry shall remain an obligation of such Party until such invoice is paid in accordance with the terms of the Agreement. Section 4. Power and Energy Deliveries PG&E shall deliver Firm Power to the primary Point of Delivery as provided in this paragraph, as follows: 4.1 Shaping of Power Purchases. Shaping of power purchases shall be as indicated below: Month kwh January 2,976,000 February 2,688,000 March 2,976,000 October 2,980,000 November 2,880,000 December 2,976,000 4.2 Balance Between Hourly Purchases of Heavy vs. Light Load Hours. 57.14% of the energy is to be delivered during Heavy Load Hours (HLH), which are 0600 hours to 2200 hours, Monday through Saturday, with no exceptions. 42.85% of the energy is to be delivered during light load hours (LLH) which are 2200 hours to 0600 hours Monday through Saturday, and all hours Sunday. The foregoing represents 24 hours of delivered energy during the months specified in Paragraph 4.1, above. 4.3 Delivery Obligation. PG&E agrees to deliver to Ashland at the Primary Point of Delivery the amounts of power described in Section 4.1 of this Agree- ment. Ashland shall be responsible for all charges and arrangements required to use the power delivered hereunder other than as specifically provided herein and PG&E's delivery obligations shall be fully met as the Power sold hereunder is delivered or deliverable by PG&E to the primary Point of Delivery. Ashland shall be responsible for all BPA charges related to transferring Power from the primary Point of Delivery across BPA's transmission lines and/or substation. 3 All deliveries shall be deemed to be made during the hours and in the amounts as accounted for in PG&E's system logs. If scheduled deliveries are interrupted due to the occurrence of Uncontrollable Forces, such schedules shall be adjusted to reflect such interruption. Any scheduled delivery so interrupted shall be rescheduled at a later date as mutually agreed by the Parties. Section 5. Point of Delivery The Primary Point of Delivery (POD) shall be an interconnection with BPA as specified by BPA. Section 6. Uncontrollable Forces 6.1 Neither Party to this Agreement shall be considered to be in default in performance of any obligation hereunder (except for the payment of money due which will not be so excused) if failure of performance shall be due to an Uncontrollable Force that causes a loss of capacity greater than the most severe single contingency as set forth in the NWPP's MORC, as amended. The term "Uncontrollable Forces" means any cause beyond the control of the Parry affected, including, but not limited to, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, labor disturbance, sabotage, and restraint by court order or public authority, which by exercise of due foresight such Parry could not reasonably have been expected to avoid, and which by exercise of due diligence it shall be unable to overcome. Any Party rendered unable to fulfill any obligation by reason of an Uncontrollable Force shall exercise due diligence to remove such inability with all reasonable dispatch and shall notify the other Parry of such Uncontrollable Force as soon as practicable. A Party shall not, however, be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or due to removable or remediable causes which it fails to remove or remedy with reasonable dispatch. Nothing contained herein, however, shall be construed to require a Party to prevent or settle a strike against its will. 6.2 Deliveries of Firm Power shall be firm as set forth in Section 4, and shall only be curtailed due to Uncontrollable Forces, and only after PG&E has met all operating requirements set forth in the NWPP's MORC. If Firm Power deliveries are curtailed due to reasons other than Uncontrollable Forces, PG&E shall reimburse Ashland for all replacement power costs associated with curtailed deliveries, including associated transmission costs and any penalties resulting from the purchase of such replacement power. 4 Section 7. Miscellaneous 7.1 Notices. Any invoices or notice provided for in, or served, given or made in connection with this Agreement, shall be in writing and shall be ad- dressed as follows: If to PG&E: PG&E Energy Services 353 Sacramento Street, Suite 1900 San Francisco, California 94111 Attention: Vice President Telephone: (415) 217 6420 Fax: (415) 217 6475 If to Ashland: City of Ashland Dept. of Electric Utilities 20 East Main Street Ashland, Oregon 97520 Attention: City Administrator Telephone: (541) 488-6002 Fax: (541) 488-5311 Either Party may change its address specified in this subsection by giving the other Party notice of such change in accordance with this paragraph. 7.2 Amendment. No change, modification or amendment of this Agreement shall be valid unless set forth in a written instrument signed by both Parties. 7.3 Assignment. Neither Parry shall assign this Agreement without the prior written consent of the other Party. Subject to the foregoing restriction on assignment, this Agreement shall be binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns. Each Party hereby consents to the assignment of this Agreement to a third-party who acquires all or substantially all of the electric utility operating plant of the assignor. 7.4 No Third PartyBeneficiary. There are no third party beneficiaries of this Agreement. This Agreement shall not confer any right or remedy upon any person or entity other than the Parties and their respective successors and assigns permitted under paragraph 7.3. No action may be commended or prosecuted against any Party by any third party claiming to be a third party beneficiary of this Agreement or the transactions contemplated hereby. This Agreement shall not release or discharge any obligation or liability of 5 any third parry to any Party or give any third party any right of subrogation or action over or against any Parry. 7.5 Implementation. This Agreement, and the sale of power pursuant to this Agreement, is subject to acceptance for filing by FERC, without any change or .condition by FERC which is unacceptable to either PG&E or Ashland. PG&E shall timely file this Agreement, together with required supporting documentation and data, with the Federal Energy Regulatory Commission at its sole cost and expense. Each Party shall take such additional action as may be reasonably required for the implementation and performance of this Agreement in accordance with its terms. 7.6 No Waiver. Any waiver at any time by either Party hereto of its rights with respect to the other or with respect to any other matters arising in connection with this Agreement shall not be considered a waiver with respect to any other right or matter. 7.7 Bonneville Power Administration Contract. This Agreement may be terminated at such time as Ashland is unable to import the power under its power purchase Agreements with the Bonneville Power Administration. 7.8 Regulatory Approvals. PG&E shall be responsible at its sole cost and expense for obtaining any regulatory approvals required in respect to this Agreement and Ashland shall reasonably cooperate in supplying any information, filings, or records required for PG&E to obtain such approvals. 7.9 Indemnification. Each Party will, to the extent allowed by law, defend, indemnify and hold the other Party, its commissioners, directors, officers, agents, and employees, harmless from and against any liability, loss, costs, and expenses (but limited as to tort claims to an amount not to exceed the limitations of the Oregon Tort Liability Law as set forth in ORS Chapter 30) on account of injury or damage to third persons or their property arising out of the performance or non-performance of this Agreement, unless such injury or damage resulted in whole or in part from the negligence or willful action of the other Party; provided, however, that each party shall be solely responsible for the payment of claims to its employees for injuries occurring on connection with their employment or arising out pf any Workers' Compensation Law." 7.10 Dedication. No undertaking by one Parry to the other under any provision of this Agreement shall constitute the dedication of that Party's system or assets or any portion thereof to the other Party or to the public nor affect the status of Ashland as an independent municipal electric utility or PG&E as a separate entity. 6 7.11 Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create a trust or partnership duty, obligation, or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. Section 8. Authorized Representative 8.1 Each Parry shall designate one person as an authorized representative and at least one person as alternate. Each Party shall notify the other Party within thirty (30) calendar days after execution of this Agreement of the designated authorized representative and alternate(s) and shall promptly notify the other Party of any subsequent change in such designations. 8.2 The authorized representative and alternates shall establish written procedures, if necessary,for implementing the provisions of this Agreement. Such procedures shall be adopted by mutual agreement. 8.3 Authorized Representative and alternates shall have no authority to modify any provision of the Agreement. Section 9. Governing Law If any conflict of law arises under this Agreement among the Parties, the laws of the State of Oregon shall govern, as applicable. Section 10. Dispute Resolution Dispute on any matter relating to this Agreement shall be discussed and resolved by the authorized representatives who shall use all reasonable efforts to amicably and promptly resolve the dispute. If the authorized representatives are unable to resolve the dispute, the dispute shall be referred to arbitration conducted in accordance with the procedures established by the American Arbitration Association or other arbitration or mediation procedure agreed to by the Parties. The prevailing Party in any arbitration or mediation shall be reimbursed its costs in resolving the dispute by arbitration or mediation; provided, however, that each Parry shall be responsible for its own attorney's fees. All disputes in connection with bills or estimated bills rendered hereunder shall be noticed to PG&E by Ashland within one year and sixty (60) days from the date of receipt of the disputed bill or estimated bill. Ashland shall pay said bills or estimated bill during the period when the billings are in dispute. In the event that Ashland's position prevails in any billing dispute, PG&E shall pay to Ashland simple interest at 1.5 percent per month for the period and to the extent that Ashland has over-paid for services hereunder. 7 Each Parry shall have the right to fully audit the records of the other Party which relate to the calculation of a disputed billing. Each Party shall reasonably cooperate in such auditing process by making available its records and the factual data supporting the same during normal business hours and on reasonable notice from the requesting Party. Each Party shall bear its own expenses in respect to the auditing process, but said expenses shall be recoverable by the prevailing Party in any billing dispute resolved through arbitration or mediation as described in this Paragraph." By evidence of their signatures below, the undersigned authorized representatives of the Parties signify their agreement to these terms and conditions. PG&E ENERGY SERVICES By: Junona A. Jones President Date Signed: 1997 CITY OF ASHLAND, OREGON By: Brian L. Almquist City Administrator/General Manager Date Signed: 1997 W\document\p0&e.321 8 SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT BETWEEN CITY OF ASHLAND, OREGON AND DRY CREEK LANDFILL 9 INC. SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT THIS SOLID WASTE DISPOSAL AND LANDFILL CAPACITY GUARANTEE AGREEMENT (this "Agreement") is made and entered into this _ day of , 1997 between THE CITY OF ASHLAND, a political subdivision of the state of Oregon (the "City") and DRY CREEK LANDFILL, INC., an Oregon corporation ("DCL"). RECITALS A. DCL is the owner and operator of a solid waste disposal facility in Jackson County (the "Disposal Site") which holds all required permits, including an Oregon State Department of Environmental Quality ("DEQ") solid waste disposal facility permit, and complies with the requirements of all applicable governmental agencies and meets all current and reasonably anticipated state and federal design and performance standards. DCL operates the Disposal Site pursuant to a Solid Waste Disposal Franchise Agreement dated October 25, 1996, 1996 entered into with Jackson County, Oregon (the "County") (the "Franchise Agreement"). C. In order to insure long term disposal capacity for Covered Waste (as herein defined) at the least cost, DCL requires a predictable and optimum waste stream, and the City desires to have the agreements set forth herein in order to obtain the benefits of a guarantee of disposal capacity availability it the Disposal Site at an agreed upon tip fee. NOW THEREFORE, under the terms and conditions set forth herein, the City and DCL hereby enter into to this Solid Waste Disposal and Capacity Guarantee Agreement: A. "Acceptable Waste" means any and all waste that is "Solid Waste" as defined herein (but is not Unacceptable Waste as defined herein) and which, in compliance with governmental licenses and permits in effect, may be disposed of at the Disposal Site. B. "Beneficial Use Waste" shall mean any Solid Waste that is used or reused in lieu of other materials in the construction or operation of the Disposal Site or any ancillary facilities, including but not limited to road construction, landscaping, soil amendment, disposal cell construction, leachate or landfill gas management, daily, interim or final landfill cover material, all as may be approved by DEQ. Solid Waste beneficially used or reused as described above shall not be considered "disposed" at the Disposal Site for purposes of this Agreement. C. "Cell Two" means the first lined cell to be constructed at the Disposal Site. 2 D. "Covered Waste" means any Acceptable Waste that is generated within the jurisdictional boundaries of the City and that is collected by any Commercial Hauler. E. "Commercial Hauler" means an entity that is licensed, permitted or franchised by the City to collect and transport to the Disposal Site City Waste. F. "County" means the municipal corporation for the geographical area comprising the County of Jackson, Oregon. G. "County Disposal Agreement" means the Solid Waste Disposal and Landfill Capacity Guarantee Agreement dated as of October 25, 1996 entered into by and among DCL and the County, as the same may be amended, modified or supplemented from time to time. H. "County Franchise Agreement" means the Solid Waste Disposal Franchise Agreement dated as of October 25, 1996 entered into by and among DCL and the County, as the same may be amended, modified or supplemented from time to time. I. "County Tipping Fee" shall have the meaning assigned thereto in the County Disposal Agreement. J. "CPC Surcharge" shall have the meaning assigned thereto in the County Disposal Agreement. K. "DEQ" shall mean the Oregon Department of Environmental Quality. L. "Disposal Site" shall mean the Dry Creek Landfill operated by DCL and located within Section 1, Township 37 South, Range 1 West, Jackson County, Oregon. M. "Disposal Site Permit" shall mean the Solid Waste Disposal Permit No. 190 issued for the Disposal Site by DEQ dated July 11, 1995, as may be renewed or revised from time to time. N. "Effective Date" shall mean the date of the duly authorized execution and delivery of this Agreement by DCL and the City, on which date this Agreement becomes effective. O. "Force majeure" means acts of God, landslides, lightning, forest fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, materials or equipment shortage (but not including a shortage of Solid Waste), or damage to or destruction of the Disposal Site or Facilities as a result of events described herein or other similar causes which are not reasonably within the control of the party whose ability to perform under this Agreement is impaired, prevented, hindered or delayed by the Force Majeure event. A Force Majeure event shall not include damage to or destruction of the Disposal Site or 3 Facilities when the damage or destruction is caused by any of the following events: operational error, design defects in the facilities, lack of preventative maintenance, or negligent operation. P. "Hazardous Waste" shall have the meaning set forth in ORS 466.005(7), or any successor thereto, and/or matter that is required to be accompanied by a written manifest or shipping document describing the waste as "hazardous waste" or "dangerous waste," pursuant to any state or federal law, including but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq., and the Hazardous Waste Management Act, Chapter 466 ORS, as amended, and the regulations promulgated thereunder. Hazardous Waste shall not include incidental Household Hazardous Waste or Small Quantity Generator Waste which is commingled with Solid Waste. Q. "Initial Site Improvements" means the various improvements to the Disposal Site (other than Cell Two) to be made at the same time as the construction and development of Cell Two. R. "Household Hazardous Waste" means Household Hazardous Waste as such term is defined in 40 CFR 261.5. S. "Load". shall mean the Acceptable Waste delivered to the Disposal Site in a single shipment by a single vehicle. T. "Minimum Charge" shall mean a per Load charge established from time to time by DCL and approved by the County pursuant to the County Disposal Agreement as the minimum charge for Acceptable Waste (other than Special Waste) delivered to the Disposal Site. U. "Solid Waste" means all putrescible and non-putrescible wastes, whether in solid or semi-solid form, including but not limited to: garbage, trash, rubbish, refuse, ashes, paper, cardboard, commercial and industrial wastes; demolition and construction wastes; manure, vegetable or animal solid or semi-solid wastes including yard debris, and dead animals; medical and infectious waste as defined in ORS 459.386 and OAR 340-93-030(42) and (52); all wastes capable of being recycled that are commingled with other wastes; incidental Household Hazardous Waste or Small Quantity Generator Hazardous Waste; and Special Waste, as defined herein. The term "Solid Waste" shall not include Hazardous Waste. V. "Small Quantity Generator Waste" means Small Quantity Generator Waste as such term is defined in 40 CFR 261.5. W. "Special Waste" shall mean: (i) Beneficial Use Waste, and (ii) Acceptable Waste resulting from an industrial, agricultural, manufacturing, demolition or construction operation or process, or waste which requires special handling or extraordinary management at the Disposal Site, including, without limitation, asbestos, contaminated soil, non-hazardous contaminated materials, sewage sludge, septic tank and cesspool pumpings or other sludge, containerized ash, box springs, mattresses, stumps, wire, tires, or bulk tanker waste, waste from 4 pollution control processes, waste containing free liquids and other wastes that may be covered by a Special Waste Handling Plan for the Disposal Site as approved by DEQ in accordance with the Disposal Site Permit, or any other waste of a character that is significantly different from general mixed residential Solid Waste and that is produced by the commercial, industrial or agricultural operations of a single generator in sufficient quantities to be handled or disposed of by DCL under a specially negotiated contract. X. "Term shall mean the term of this Agreement as set forth in, and as the same may be extended from time to time as provided in, Section 2 hereof. Y. "Unacceptable Waste" shall mean any and all waste that is either: 1. Waste which is prohibited from being received at the Disposal Site by state, federal or local law, regulation, rule, code, ordinance, order, permit or permit condition; or 2. Hazardous Waste as defined above. Z. "Uncontrollable Circumstances" shall mean (a) any event reasonably beyond the control of DCL that restricts or substantially affects the ability of DCL to treat landfill leachate by means of evaporation at the Disposal Site, (b) an unanticipated decrease or increase of more than 15% in the annual volume of Acceptable Waste delivered to the Disposal Site for disposal, which causes a substantial distortion in DCL's operating or capital costs, or (c) a Force Majeure event. 1. Disposal and Capacity Guarantee; Flow Reports; Reserved Capacity Reports. 1.1 Disposal and Capacity Guarantee. During the Term of this Agreement: (A) the City agrees that, to the full extent it is within its lawful powers to do so, it will cause all Covered Waste to be disposed at the Disposal Site; and (B) DCL agrees that it will maintain sufficient capacity at the Disposal Site for all Covered Waste. 1.2 Reserved Capacity Reports. On a periodic basis not to exceed every other year during the Term, DCL shall provide to the City engineering reports, computer data or photographic mapping materials as necessary to verify that remaining capacity is available at the Disposal Site to meet the requirements of Section 1.1 of this Agreement. 5 2. Term; Right To Suspend If Cell Two Financing Not Available. 2.1 The term of this Agreement shall commence on the Effective Date and, unless sooner terminated in accordance with the provisions of this Agreement, shall continue in full force and effect until the earlier to occur of: (i) January 1, 2029 (as the same may be extended from time to time as provided herein, the "Scheduled Termination Date"); or (ii) DCL is no longer licensed or permitted to operate as a Solid Waste landfill by the DEQ or any successor regulatory agency with jurisdiction over the permitting or licensing of Solid Waste landfills for the State of Oregon. During the sixty (60) day period prior to each Extension Date (as . hereinafter defined), DCL and the City shall have the option to extend the Scheduled Termination Date for an additional ten (10) year period beyond the then current Scheduled Termination Date, which option shall be set forth in a letter agreement signed by the City and DCL. As used herein, the term "Extension Date" shall mean: (a) January 1, 2009, and (b) each tenth (10th) anniversary of January 1, 2009. Notwithstanding anything expressed or implied herein to the contrary, DCL shall have the right to suspend the effectiveness of this Agreement if, by March 1, 1998, DCL is unable to secure financing on reasonable.terms for the costs of Cell Two and the Initial Site Improvements following a good faith effort to secure such financing. Such right of suspension shall be exercised by DCL giving written notice thereof to the City. Upon exercise of such right of suspension and until such suspension is ended as provided below, this Agreement and all obligations hereunder shall be of no force or effect. Any such suspension shall cease at such time as Cell Two is developed and capable of receiving Solid Waste for disposal, whereupon this Agreement shall be reinstituted and shall thereafter be in full force and effect as if such suspension had not occurred. . During any period of suspension under the terms of this Section 2.1: (i) DCL shall guarantee capacity for the disposal of Covered Waste at its Dry Creek Landfill Cell 1, or South Stage Landfill, so long as such disposal is permitted in accordance with law; and (ii) the Tipping Fee for Solid Waste disposed during the suspension period as - described in (i) above shall be the Tipping Fee established in accordance with Section 3.1.1.A of the County Disposal Agreement. 3. Disposal Fees. 3.1 Tipping Fees. During the Term of this Agreement, DCL shall charge the Commercial Haulers the County Tipping Fee for the disposal of Covered Waste (other than Special Waste) at the Disposal Site. In addition, during the Term of this Agreement, DCL shall charge the Commercial Haulers a Tipping Fee for Special Waste in accordance with the County Disposal Agreement. 6 DCL and the City acknowledge and agree that the County Tipping Fee has been established pursuant to, and shall be adjusted and revised from time to time in accordance with, the terms and conditions of the County Disposal Agreement. The County Tipping Fee applicable at any time for purposes of this Agreement shall be the County Tipping Fee applicable at that time under the County Disposal Agreement and shall automatically change as and when the County Tipping Fee is adjusted or revised pursuant to and in accordance with the County Disposal Agreement. In addition to the County Tipping Fees, for all Covered Waste disposed of at the Disposal Site, DCL shall also collect, for and on behalf of the County, the CPC Surcharge. The CPC Surcharge shall be in the amount established from time to time by the County in accordance with the terms and provisions of the County Disposal Agreement. 4. Allocation of Risk/Uncontrollable Circumstances. 4.1 Uncontrollable Circumstances. The obligations of DCL and the City under this Agreement are subject to Uncontrollable Circumstances that necessarily and unavoidably may prevent performance of disposal obligations hereunder. Provided that the requirements of this Section 4 are met, neither party hereto shall be considered in default in the performance of its obligations under this Agreement to the extent that such performance is prevented, hindered or delayed by the occurrence of an event of Uncontrollable Circumstances. DCL and the City agree that no other events however catastrophic or uncontrollable shall excuse nonperformance of either party of its obligations under this Agreement and no events within the control of the parties, including breakage or accidents to machinery, equipment or other facilities, shall excuse nonperformance of the parties' obligations under this Agreement. 4.2 Notice of Uncontrollable Circumstances; Suspension of Performance. If, as a result of an event of Uncontrollable Circumstances, .either DCL or the City is wholly or partially unable to meet its obligations under this Agreement, then the Affected party shall give the other party prompt notice of such event, describing it in reasonable detail. The obligations under this Agreement of the parry giving the notice of the event of Uncontrollable Circumstances shall be suspended, other than for payment of monies due, but only with respect to the particular component of obligations affected by the event and only for the period during which the event of Uncontrollable Circumstances exists. The affected parry shall use due diligence to resume performance at the earliest practicable time and shall notify the other party when the effect of the event has ceased. 4.3 Right to Resolve Certain Force Majeure Events. Notwithstanding anything to the contrary expressed or implied herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances, and litigation, including appeals, shall be entirely within the discretion of the particular party involved therein, and such party may make settlement thereof at such time, and on such terms and conditions as it may deem to be advisable, and no delay in making such settlement shall deprive such party of the benefit of this Section 4.4. 7 5. Amendments. This Agreement may only be amended by a written agreement executed by the City and DCL. 6. Events of Default. Except as otherwise provided in this Agreement, each of the following shall constitute an event of default ("Event of Default") hereunder: 6.1 Noncompliance with Covenants. The failure of DCL or the City to comply with any of their respective covenants contained herein after sufficient notice from the other party and the expiration of opportunity to cure as provided in this Section. For purposes of this Agreement, DCL shall not be considered in breach or default if it is in timely compliance with any regulatory order, including but not limited to any preliminary assessment, remedial investigation, remedial action or corrective action or any legal appeal or review of such orders or requirements. 6.2 Insufficient Capacity. Except as may arise or result from an occurrence of an Uncontrollable Circumstance, the failure to provide disposal capacity pursuant to Section 1.1.1(B) of this Agreement. 6.4 Seizure or Attachment. Seizure or attachment (other than a prejudgment attachment) of, or levy affecting possession on, the operating equipment of DCL at the Disposal Site, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to impair DCL's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours excluding weekends and holidays. 6.5 Insolvency. The occurrence of any of the following: (a) The filing by DCL or the City of a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or if DCL or the City shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a party of a transfer of equipment no longer useful), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of DCL or the City for any substantial part of DCL's or the City's property, or the making of any general assignment for the benefit of DCL's or the City's creditors, or the failure of DCL or the City generally to pay their respective debts as they become due or the taking of any action in furtherance of any of the foregoing; or (b) The entry of a decree or order by a court have jurisdiction for relief in respect of DCL or the City, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or consent by DCL or the City to or 8 failure by DCL or the City to oppose any such proceeding, or the entry of a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of DCL or for any part of DCL's or the City's assets, or order the winding up or liquidation of the affairs of DCL or the City. 6.6 Failure to Deliver Covered Waste. The failure by the City to use its full legal powers and authority to cause to be delivered to the Disposal Site all Covered Waste as contemplated by Section 1.1.1(A) of this Agreement. 7. Notice of Default and Opportunity to Cure. If at any time either party determines or becomes aware that the other party is in default of any of the terms or provisions of this Agreement, the non-defaulting party shall transmit a written notice to the other party as to the nature of such default. Unless the default involves the failure to pay any amounts due under this Agreement (for which the defaulting party shall have ten (10) days to cure such default), the defaulting party shall have thirty (30) days from the receipt of said notice to commence actions to cure said default and a reasonable period of time to cure. If the defaulting party fails to cure the default within a reasonable period of time the non-defaulting party may pursue all remedies set forth in Section 10. Notwithstanding the foregoing, either party hereto may submit to arbitration any dispute or alleged default hereunder pursuant to the provisions of Section 15 of this Agreement. 8. Remedies. Upon the occurrence of an Event of Default and following notice and an opportunity to cure under Section 9, the non-defaulting party shall be entitled to one of the following remedies: 8.1 Termination of this Agreement. In addition to any other remedies the non- defaulting party may have hereunder or at law or in equity, the non-defaulting party shall have the right, upon the occurrence of an Event of Default hereunder, to terminate this Agreement upon ninety (90) days written notice, subject only to the right to submit the matter to arbitration for resolution pursuant to Section 15. 8.2 Other Remedies. Pursue such other remedies as may be available at law or in equity, including but not limited to specific enforcement of the defaulting parties covenants and undertakings as set forth herein. 9. Assignment; Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the parties hereto; provided that no assignment of this Agreement by either party shall be binding upon the other party unless such other party consents to the assignment, which consent shall not be 9 unreasonably withheld. The party seeking to assign this Agreement shall provide the other party with written notice and a true copy of the assignment. No assignment shall be valid and binding which endeavors to relieve the assigning party of any obligations to make payments hereunder which accrued prior to the date of assignment or in which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under this Agreement. 10. Intended Beneficiaries. This Agreement is made by and intended for the benefit of DCL and the City (together, with their legal successors and assignees, the "Express Parties"). No person other than the Express Parties shall be considered to be an intended beneficiary or third-party beneficiary of this Agreement, or entitled by virtue of this Agreement to bring any claim, action or suit for damages hereunder or for the enforcement of any of the provisions hereof against either of the Express Parties, or their agents, officers, directors or employees. 11. Waiver. No waiver by either party of any one or more defaults or breaches by the other in the performance of this Agreement shall operate or be construed as a waiver of any future defaults or breaches, whether of a like or different character. 12. Entire Agreement. This Agreement shall represent the entire understanding between the parties and, unless set forth in this Agreement, no representations, statements or agreements, unless agreed to by the parties in writing, shall modify, change, amend or otherwise affect the obligations undertaken in this Agreement. 13. Change in Law/Regulations; County Solid Waste Code. This Agreement is subject to all present and future valid laws and lawful orders of all regulatory bodies. Should either of the parties, by force of any such law or regulation, at any time during the term hereof, be ordered or required to do any act relative to this Agreement which substantially impairs or materially changes the party's ability to perform under this Agreement, then the affected party shall notify the other party of this condition. The parties shall negotiate in good faith in order to determine how this Agreement may be amended or modified in order to enable the parties to perform their respective obligations. If the parties are unable to agree upon such modifications or amendments, the matter shall be submitted to arbitration for resolution in accordance with Section 15 of this Agreement. Nothing in this Agreement shall prohibit either party from obtaining or seeking to obtain modification or repeal of such law or regulation or restrict either party's right to legally contest the validity of such law 10 or regulation. DCL shall not be considered in breach of this Agreement during such time as DCL is contesting or appealing any notice of violation, ordinance, rule, regulation or law. 14. Notices. All notices required under this Agreement shall be personally delivered, or delivered by facsimile transmission or telecopy confirmed by phone followed by first-class mail, postage prepaid, or delivered by certified or registered mail, postage prepaid as follows: If to the City, address to: City of Ashland Attn: City Administrator City Hall 20 E Main Ashland OR 97520 FAX Number: (541)488-5311 If to DCL, address to: Dry Creek Landfill, Inc. Attention: President 135 West Main Street Medford, OR 97501 FAX Number: (541) 779-4366 or to such other address as any party shall specify by written notice so given, and shall be deemed to have been given as of the date so delivered personally, or by facsimile or telecopy if confirmed by phone and mailing as provided above, or three (3) days after the date that a certified or registered transmission is deposited in the U.S. mail. 15. Dispute Resolution. 15.1 Continued Performance. In the event of a dispute arising under this Agreement the parties shall continue performance of their respective obligations under this Agreement and shall attempt to resolve such dispute in a cooperative manner. 15.2 Arbitration. 15.2.1 Scope of Arbitration. Any dispute between the parties relating to this Agreement shall be decided by arbitration and not by lawsuit; provided that in the event of a lawsuit involving the City or DCL and a third party concerning the subject matter of this Agreement, or any provision hereof, nothying in this Agreement shall prevent joinder of the absent party (that is, the City or DCL, as the case may be) as a party to such lawsuit if such 11 joinder would be needed for just adjudication under the civil procedure rules of the court before which such lawsuit is pending, and in the event of any such joinder any dispute between the City and DCL arising under this Agreement as a result of such lawsuit may be finally decided therein. 15.2.2 Bound Parties. As used in this Agreement, "Bound Parties" means DCL, the City, all persons claiming to be third-party beneficiaries of this Agreement, and all successors, heirs, assigns or legal representatives of the foregoing. This Section 15 shall be binding upon all Bound Parties and, except as set forth in the provision in Section 15.2.1 above, all disputes between Bound Parties shall be arbitrable among the Bound Parties even if other people are involved in the disputes. 15.2.3 Venue and Jurisdiction. Unless all the parties to an arbitration consent in writing to a different place, the arbitration hearings and the place of entry of the award shall be Jackson County, Oregon: The parties to this Agreement consent to exclusive jurisdiction in the state and federal courts in Jackson County, Oregon for any allowable judicial proceeding relating to any arbitration under this Agreement. 15.2.4 AAA Administration and Rules. The arbitration shall be administered by the American Arbitration Association ("AAA") under the Rules for Commercial Arbitration of the AAA as modified by this Agreement. 15.2.5 Joinder and Consolidation. Except as stated below in Section 15.2.6, the arbitrators may allow any Bound Party against whom an arbitration claim is brought under this Agreement to join any other Bound Party in that arbitration and arbitrations may be consolidated for any or all purposes. 15.2.6 Exceptions to Joinder and Consolidation. No Bound Party may, without its consent, be made a party to an arbitration in which, because of the agreement of the other parties to the arbitration, venue has been varied from that required by Section 15.2.3. 15.2.7 Arbitrators; Hearing by Arbitrators. The arbitration shall be conducted by a panel of three neutral arbitrators selected as follows: Within ten days from the date upon which either party invokes the right to arbitration under this section, the City and DCL shall each select one arbitrator, and within ten days of such selections the two arbitrators so selected shall select the third arbitrator. The panel of arbitrators shall hear the matter within 30 days of the selection of the third arbitrator and shall render their decision within thirty days of the close of such hearing. 15.2.8 Interest. All monetary awards bear post-award and post-judgment interest on the award at the Oregon statutory rate for post-judgment interest. The arbitrator may, in the arbitrator's sole discretion, include pre-award interest at that rate for any award. 12 15.2.9 Finality. The arbitration award shall be final and binding, and shall not be reviewable in any court on any grounds except corruption or fraud of a party, or for evident partiality or corruption of the arbitrator. The parties intend to eliminate all other court review of the award and arbitration proceedings. 15.2.10 Entry of Judgment. Judgment on the award may be entered in any court with jurisdiction. 15.2.11 Litigation as a Breach. Except for a proceeding to enforce, confirm, vacate or modify any award, the initiation of any suit relating to a dispute that is arbitrable under this Agreement is a material breach of this Agreement. 15.2.12 Confidentiality. Except as necessary in a judicial proceeding allowable under this Section or otherwise required by law or legal process, the parties shall keep all matters relating to any arbitration confidential. 16. Indemnity. 16.1 Indemnity by DCL. DCL shall defend, indemnify and hold harmless the City and its employees, agents, appointed and elected officials, from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys' fees, which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or contamination of or adverse effects on the environment, to the extent directly or indirectly caused by, or arising from or in connection with the breach of any representations and warranties of DCL set forth in this Agreement, or any actions or omission of DCL, its employees, officers, owners, directors, agents or subcontractors, in the performance of this Agreement, or the operation, closure and/or post-closure of the Disposal Site. Such indemnity shall be limited to exclude liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses or attorney fees to the extent that they arise as a result of any negligent or intentional actions or omissions of the City or its employees, agents, subcontractors or appointed or elected officials. 16.2 Indemnity by City. The City shall defend, indemnify and hold harmless DCL, its employees, officers, owners, directors, agents and subcontractors, from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including attorneys' fees, which any or all of them may hereafter suffer, incur, be responsible for or pay out with respect to claims by third parties for personal injury, property damage or other loss not caused by pollution, contamination or release of chemicals or landfill gas arising from operations of the Disposal Site, to the extent directly or indirectly caused by, or arising from or in connection with the actions or omissions of the City, or its agents, employees, subcontractors, appointed and elected officials. Such indemnity shall be limited to exclude liabilities, penalties, fines, forfeitures, demands, claims, 13 causes of action, suits, judgments and costs and expenses or attorney fees to the extent they arise as a result of any negligent or intentional actions or omissions of DCL or its employees, agents, subcontractors, officers, owners or directors; nor shall such indemnity include claims arising as a result of any regulatory oversight responsibility of the City or its agents, employees, subcontractors or appointed and elected officials. 16.3 Defense. In the event of any suit against any party indemnified under this section, the indemnifying party shall appear and defend such suit provided that the indemnifying parry is notified in a timely manner of the suit. The indemnified party shall have the right to approve counsel chosen by the indemnifying party to litigate such suit which approval shall not be unreasonably withheld. In the event a dispute exists over whether a party is entitled to indemnification, each party shall defend itself until the dispute is resolved. Upon resolution of the indemnification dispute, the prevailing party shall be entitled to indemnification for its defense costs incurred prior to resolution. 16.4 Application of Insurance. If any claims indemnified against under this Section 16.2 have the potential for coverage under any insurance, then the indemnities set forth in this Agreement shall be limited as follows: (a) The indemnity under this Section 16.2 shall apply only to the extent the amount of any indemnified claim exceeds all amounts collectable under any insurance covering such claim. Before pursuing recovery under this indemnity, the indemnified party shall exhaust all recovery available for such claim from insurance. (b) The indemnifying party shall not be obligated to pay for the defense of any claim or suit that any insurer has a duty to defend. If no insurer defends, then the indemnifying party shall, to the extent obligated to do so by this Agreement, pay for the defense, but shall be entitled to the insured's rights against all insurers with a potential for coverage of such claim. Once the indemnified party has exhausted all recovery under all available insurance, the indemnifying parry shall pay only the amount of the loss, if any, that exceeds the total amount that all insurance has paid for the loss. For all costs and expenses related to third-party claims arising out of transportation and disposal of solid waste under this Agreement, DCL and the City shall first make and pursue claims against any available insurance coverage. Nothing in this Agreement shall constitute a waiver or relinquishment of any claims which the parties may have against insurers, nor shall any provision of this Agreement waive or relinquish any subrogation or contribution rights that the parties or their insurers may have against another insurer or other potentially liable party. Any monies received from the insurers shall be used to pay any claims covered by such insurance and reimburse the insured for all reasonable costs and expenses, including attorneys' fees, expended by it to seek recovery of sums from its insurers. 14 17. Liability Insurance. DCL shall at all times maintain commercial policies of insurance against liability for bodily injury and property damages arising out of, or in connection with its ownership and operation of the landfill (exclusive of environmental impairment coverage) in such amounts and subject to such deductibles as are customarily maintained by landfill owners/operators of landfills comparable to the Disposal Site. Coverage shall include, but not be limited to operations (exclusive of environmental impairment) of DCL and such insurance shall have limits of not less than: COVERAGE LIMITS OF LIABILITY Bodily Injury and/or $2,000,000 each person Property Damage or occurrence Policy Aggregate $5,000,000 Such insurance shall be without prejudice to coverage otherwise existing and shall name as an additional insureds the County (and its officers, agents and employees). Notwithstanding the naming of the County as an additional insured, the insurance shall protect each insured in the same manner as though a separate policy had been issued to each, but nothing herein shall operate to increase the insurer's liability as set forth elsewhere in the policy beyond the amount or amounts for which the insurer would have been liable if only one person or interest had been named as insured. The insurance policy(s) shall provide that the insurance coverage provided thereby shall not be canceled or materially altered without thirty (30) days' written notice first being given to the County. DCL shall maintain on file with the County a certificate of insurance certifying the coverage required above. 18. Severability. If any provision of this Agreement is declared invalid or unenforceable, then such portion shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Oregon including any regulation, ordinance, or other requirements of any governmental agency having jurisdiction over the Disposal Site. 15 EXECUTED as of the day and year first above written. CITY OF ASHLAND By: Its ATTEST: By: Its City Recorder DRY CREEK LANDFILL, INC. By: Its 16 Ashland Watershed Partnership Preliminary General Findings & Recommendations version 3.1/20 Mar 97 Ratified by Ashland Watershed Partnership @ 20 Mar 97 meeting Ashland Watershed Partnership (AWP) members have assessed the effects of the 1997 flood and wish to make the following recommendations based on what we have observed and reviewed. AWP will continue working to increase watershed function and vitality. An important goal for the group is to interface with other committees and groups pursuing similar goals in our watershed, including the Roca Creek Study Group, the Forest Commission, the Alternatives to Sluicing Committee, and the Hillside Development Standards Group. The following are AWP's provisional recommendations and findings based on our assessment thus far: 1) We recommend that a process be created whereby City staff can utilize the resources of the Ashland Watershed Partnership. AWP` members are currently working with City staff on flood restoration projects. At the initiation of other flood-related restoration and management projects, we recommend that AWP be involved to provide technical and environmental input. The goal of this process would be to insure that long-term and environmental concerns are incorporated in all City projects within the floodways and stream corridors. Currently, work is occurring in the floodway that may have to removed to prevent future problems. We again urge that work be limited to restoring vital services, until a comprehensive plan of action, including public review and input, is completed. 2) Debris and debris dams contributed to a great deal of the damage from the 1997 flood, including the flooding of the Plaza. To minimize future flooding, AWP recommends an assessment of all stream flow impediments in the floodway for their potential for debris collection. AWP further recommends considering the removal of all publicly owned, - major impediments. For private stream flow impediments, like the deck on the Waterside Inn building that was torn off by the flood, consider using education of owners, as well as ordinances to prevent the rebuilding of flow impeding, instream structures. 3) Our experience assessing the results of this flood was that flood plain mapping in some areas was inaccurate. AWP recommends re-evaluating the FEMA and'City designated 100 year flood plain maps to insure their accuracy and adequacy for prediction of flood elevations throughout Ashland watersheds. Based on this evaluation, revisions to existing ordinances or new ordinances may be needed. 4) Many culverts, like the one at the intersection of Glenview and upper Granite Street, were plugged and the adjacent roads cut by the flood waters. This cutting of roads caused disruption of vital services and costly repairs. Additionally, the roads were out of service for extended periods. As an alternative, explore the concept of Arizona crossings (low areas in roads at stream crossings where water goes over the road during floods, and through small culverts during normal flow periods as currently employed successfully by the USFS in the watershed) adjacent to creek road crossings, and in place of culverts and bridges for non-essential roads. Bridges and culverts fail during catastrophic events. The mode of failure can be changed to no vehicular passage during floods and minimal 1 •� i damage to repair afterwards by choosing this option. Choosing this mode of failure may reduce costs and may even shorten the unusable period for the crossing. By placing a low Arizona crossing next to culverts and bridges, a controlled path for floodwaters would be available when the bridges and culverts clog. This concept is the one currently employed adjacent to the Winburn Way culvert as a temporary measure. The concept is that open top water passages are much less likely to be plugged with debris. .5) In the aftermath of the 1997 flood, we have observed that fill has been placed adjacent to the floodway and in the floodplain. As well as being illegal, this situation may raise flood waters on the opposite side of the creek, and/or increase sediment loading and downstream siltation. To remedy this situation, we recommend stronger enforcement of City ordinances that prohibit fill within the floodplain and that require that all illegally placed fill be removed. 6) In the process of trying to understand the 1997 flood, flow data, particularly time related data, is invaluable. Flow data could be used to size bridges and culverts, and predict future flows. This valuable information could be made available in partnership with the USGS, by restoring, maintaining and monitoring the existing USGS gauge sites on the West and East Forks of Ashland Creek above Reeder Reservoir, and by adding a new station between the WWTP and upper Granite. There is currently a USGS cooperative program that pays 1/2 of the cost of installation of instrumentation and cable crossings and 1/2 of maintenance costs. The total cost per site is $15,000 to install each gauging station's instrumentation and cable crossing, and $9000 per year per site to operate/maintain each station. Benefits of USGS gauge stations include: a) accurate data on which to base downstream stream crossing decisions, b) information for long-term City and watershed planning, c) potentially an early warning flood system if the station(s) are set up with real time, remote readouts, d) drinking water management data, and e) data for using Reeder Reservoir more effectively for flood control. 7) In sections of creeks where bank stabilization is necessary, AWP recommends first exploring the use of bioengineering or "soft armoring" (geotextile fabric, willow mats, aquatic vegetation, etc.) before resorting to armoring with rock, gunnite, concrete, and similar means. 8) We observed trees protecting stream banks; as well as being a source of flood debris. AWP recommends the retention of all riparian trees, in conjunction with debris trapping strategies, to insure that the many positive functions of trees will not be lost, while protecting structures in the floodway and floodplain from the damage that debris was observed to create. Examples of streamside tree benefits include reducing stream cutting, maintaining cool water temperatures, reducing erosion, providing wildlife and fish habitat, and even when damaged, parenting the new crop of riparian trees. AWP further recommends that if the removal of riparian trees is contemplated, that a range of expertise be utilized in decided upon whether or not to remove them. Ashland Watershed Partnership Preliminary Findings&Recommendations version 3.120 Mar 97 2 I 9) Our observations indicated that weather conditions varied greatly between different Ashland area locations during the storm events that led to the 1997 flood, probably due to the mountainous local terrain. Weather data is essential for planning and for emergency warning systems. To provide this information, AWP recommends that a weather station that records temperature and rainfall, be established at the Water Treatment Plant and at Mt. Ashland. 10) Many of the people hardest hit by the flood were renters in the floodplain. Property owners are in a position, by means of required sales agreement notification of floodplain status, to understand the risks of their ownership. Renters are currently not warned in a similar manner of the risks of living in harms way. To equalize and correct this situation, AWP recommends the creation an ordinance requiring that at the time of renting or leasing, landlords renting property in the floodplain be required to notify the renter(s) of that fact. AWP recommends that the ordinance apply to all leases and rental of houses, mobile homes, manufactured, trailer houses, tents, and motor homes in the floodplain. 11) Each emergency offers an opportunity to evaluate preparedness for future events. We recommend a comprehensive evaluation of what information and/or plans will increase the City's ability to respond to emergencies. This might include a set of emergency utility maps that are available to both public and private emergency personnel. 12) AWP recommends the evaluation of all streets, sidewalks and other impervious surfaces within the 100 year floodplain for appropriate grade and slope. In general, the goal should be to slope these impervious surfaces towards streams or water detention areas, and away from structures and other assets. 13) Following the example of the Roca Creek study, AWP recommends that each Ashland watershed be assessed as soon as possible. 14) During our assessments, we noted numerous artificial barriers to fish passage in Ashland Creek. We have also noted that Ashland Creek, due to its relatively high quality water, year round flows, and deposits of suitable spawning gravels, is an important anadromous fish spawning stream. Fine sediment has been a major obstacle for spawning fish because it smothers the incubating fish eggs and reduces food production. One of the benefits of the flood has been flushing of the offending fines from the stream system. AWP recommends avoiding measures like sluicing, that return fine sediment to the stream beds. Further, AWP recommends assessing and exploring opportunities for improving anadromous fish habitat in Ashland and Bear Creeks. Consider modification of fish passage barriers (culverts, artificial waterfalls, etc.), reduction of sediment, retention and/or placement of large woody debris, retention of overhanging vegetation, and other habitat elements in all creek restoration projects. 15) AWP recommends considering the feasibility of using sediment traps, stormwater detention ponds, and other types of constructed wetland systems to provide stormwater treatment. Ashland Watershed Partnership Preliminary Findings& Recommendations version 3.1 20 Mar 97 3 16) AWP recommends evaluating all sewer line stream crossings and consider the feasibility of modifying or relocating them to better protect the integrity of.Ashland's sewer system and creek water quality. 17) The 1997 flood affected both public and private land. Rehabilitation and planning efforts that integrate professional expertise increases the likelihood that watersheds will endure flood events with less damage. AWP recommends that a series of workshops and lectures for private landowners, planners, and City staff be developed to focus on watersheds. Possible topics include: • Subdivision development that integrates stormwater drainage • Instream processes • Structures and their potential as debris jams • Living along a riparian zone 18) We acknowledge and support the efforts of City staff to utilize the flood event as a tool for directing new policy and regulation. One example of this is the Planning Department's intent to revise the Physical and Environmental Constraints ordinances. Note: The above recommendations are not ranked by priority.' Ashland Watershed Partnership Preliminary Findings&Recommendations version 3.1 20 Mar 97 4 CONCEPT PAPER BETWEEN CITY OF ASHLAND AND TALENT IRRIGATION DISTRICT The following is a summary of a discussion held between Brian Almquist, the City Administrator for the City of Ashland and Hollie Cannon, Manager of the Talent Irrigation District. SUBJECT: 1) Water Supply for the City of Ashland. CONCEPT: 1) Renew expired agreement for 795 a.f. for 20 years. 2) Talent Irrigation to add Municipal use to: 2.1 Congressional authorization 2.2 Oregon Water Right Permits 3) City of Ashland will pay the cost of piping the Ashland Canal from Green Springs Power Plant to Point of Delivery identified in the 1924 Agreement. 4) City of Ashland's allotment will be available to City on demand with 10 days' notice. 5) City of Ashland will perform for Talent Irrigation District the District's operation and maintenance operations from Tolman Creek to the Point of Delivery of #3, above. 6) In return for Ashland's investment, TID will accept treated effluent during irrigation season from natural wetlands in East Canal near Oak Street and Eagle Mill Road (estimated maximum flow of 2 mgd @ 20:1 dilution). 7) Both City and TID will work towards using part of saved water from piping to meet minimum 10 cfs stream flows in Bear Creek, with City of Ashland receiving a contract for the remainder. 8) Problems identified in this concept are: a) The TID facilities are owned by the U.S. Bureau of Reclamation. Therefore, the Bureau of Reclamation must be agreeable to all aspects of any agreement; b) There will have to be an Environmental Impact Statement prepared; c) The Ashland Canal has served as a storm drainage system in some areas in the past and there may be some issues involving storm drainage where development has occurred in natural drainage ways; d) There may be concern about return flows from the treated effluent deliveries into the East Canal from the natural wetlands (which would likely be totally mitigated by maintaining 10 cfs in Bear Creek from piping savings). Date : March 14 , 1997 To : City Council From: Communications Committee members Cate Hartzell & JoAnne Eggers Re; Recommended changes to "Implementation to the Communication Plan" of Feb. 13 , 1997 Item Effort Cost GOAL ONE, Item 8 a ) Media citizen satisfaction survey already budgeted for ( $500) b) Some facilitation could be done by volunteers . Town Hall Meeting: $280 Moderate $1250 e ) Advisory vote by utility bill insert or other distribution method within $500 budget . GOAL ONE, Item 9 Two ad hoc meetings Planning director - 8 hr . $320 Associate Planner 12 hr . $360 Moderate $840 Secretary - 8 hr . $160 GOAL ONE, Item 11 Clarify purpose of $500 budget item GOAL ONE, Item 1J Are there existing jacks in back of room? Do we need new speaker system components? Moderate GOAL TWO, Item 1 Cost might be' reduced by using newsprint . Distribution costs could be reduced by mailing High 2-3 per year and making the other 3-4 available at several distribution points . GOAL TWO, Item 5 Moderate GOAL THREE, Item 1 Delete videoing , as it was not in the plan . Therefore -$125 . Moderate $400 GOAL THREE, Item 3 Review in a year to assess technology capabilities Moderate GOAL THREE, Item 4 Change "Consultant/Facilitator" to "General Support" and "$2000" to " 1000. " Evaluate $2500 adequacy to budget after first meeting . GOAL FOUR, Item 2 Create a form to track the city staff ' s response to citizen contacts ( instead of "complaints ) . + In "cffo�t Colurv�vt� c?ha..�e- CM "p;4tcu,li-5 " +0 "H ;gk:, CITY OF ASHLAND `..ae. Department of Community Development o '. } Conservation Division MEMORANDUM '=°ke°o ,,.'` DATE: March 12, 1997 TO: Mayor, City Council and Ad Hoc Communication Committee FROM: Dick Wanderscheid RE: COMMUNICATION PLAN At the City Council study session on February 19, 1997, staff was directed to address all of the items listed as requiring minimal effort in the Communication Plan, designate who would implement the items and how soon they could be implemented. I have met with affected staff members and the City Recorder, and the results of those meetings are as follows: DATE TO BE ITEM TO BE IMPLEMENTED IMPLEMENTOR IMPLEMENTED Goal 1, Item 1 - place monthly paid calendar in Tidings. Fran Berteau April 1997 Goal 1, Item 2 - post additional Council agendas around town. Fran Berteau April 1997 Goal 1, Item 3 - place extra Council packet in City Fran Berteau and Recorder's office and monitor its usage. Barbara Christensen April 1997 Goal 1, Item 7 - introduce one City Commission each Fran Berteau and month at City Council meeting and provide update. Brian Almquist April 1997 Goal 1, Item 10 - create a brochure on meeting procedures Barbara Christensen and citizen participation. and Paul Nolte June 1997 Goal 2, Item 2 - utilize newsletters, etc. to offer detailed information and give updates. (Note: we will attempt to use the existing utility insert to publicize city meeting dates Fran Berteau April 1997 and times and also try to stress more city information in the future.) Goal 2, Item 3 - list Council Liaison on City's Internet Home Page. Phil Lind April 1997 Goal 2, Item 6 - develop a brochure on city public records availability, procedures and costs. Barbara Christensen July 1997 Goal 4, Item 1 - create and publicize a form for citizen feedback on city operations. City Recorder to maintain Barbara Christensen August 1997 forms and make available during department evaluations. Goal 4, Item 2 - create a form to track city staffs response Trish Burrell, Fran to citizen complaints. (Note: we have an existing triplicate Berteau, Greg Scoles, April 1997 form which could be utilized.) Brian Almquist, Dick Wanderscheid May 1997 Barbara Christensen monitoring Goal 4, Item 3 - include members of general public in next survey development of formal survey documents. Dick Wanderscheid (Fall 1997) Goal 5, Item 3 - prioritize adopted recommendation and within one month create action plan for implementation. Dick Wanderscheid of final plan adoption Also included with this memo is a list of civic organizations which the Council requested at the last study session. While the list probably isn't all inclusive, it represents the majority of organizations where Council attendance (as identified in Goal 3, Item 2) would be appropriate. Please feel free to give me a call at 488-5306 if you have questions or wish to discuss this prior to the meeting. LIST OF GROUPS and ORGANIZATIONS which could be attended by Ashland's elected officials 1) Ashland Rotary Clubs 2) Ashland Kiwanas Club 3) League of Women Voters 4) Friends of Ashland 5) Ashland Chamber of Commerce 6) SOUR 7) Ashland Board of Realtors 8) Ashland Lions Clubs 9) Jackson County Homebuilders Association 10) Ashland Schools Parent Teachers Associations 11) Rogue Valley Civic League 12) Ashland Soroptomists LWVA Action/Advocacy on the "Making Democracy Work" Campaign LWVA can feasibly work on 4 of the 5 LWVUS goals of the campaign: to increase voter participation, to improve citizen awareness and knowledge, to rebuild civic participation, and to enhance diversity of representation. ' These are all central to LWVA' s positions and mission. In most cases LWVA would be working in collaboration with other groups and individuals in the city, but LWV' s mission is "Making Democracy Work, " over time . The LWVA board would control all LWVA action and advocacy. Perhaps board members could choose which of the 4 action areas they 'd like to work on, and additional league members could be recruited to share any work load. Advocacy/action could be ap- proved at monthly board meetings , and reports heard. I . Voter Participation: There are many groups in Ashland that will assist efforts at increasing voter participation in the city: city officials, the Chamber of Commerce, AAUW, Friends of Ashland, etc. SOSC student government might provide assistance on the campus (LWV study found 2/3 of non-voters were under 40) . (Other LWV findings: non-voters tended to be unmarried, had no college work, were relatively unconnected to their neighbors and community, had not discussed political issues, did not feel recent local elections had made a great deal of difference) . (49% of voters and 58% of non-voters said it was difficult to get the kind of information needed to make good decisions on candidates and issues) . II . Civic Journalism: As noted above, the public needs information from "a disinterested source" on the pros and cons , the costs and consequences , of proposals being presented for voter consideration. Altho local media see that as a part of their missions, feature material doesn ' t have a big impact on audience, is often too time-consuming to produce, and competes for limited "space" . A promising prospect: the Communications Department at SOSC is ( I 've been told) discussing the possibility of adopting "civic communication" as the topic for their senior projects . LWVA is well-suited to attempt to facilitate collaboration on "civic communication" between information sources, information producers, and media--since its equity is "making democracy work" , rather than profit or some narrow interest . III . Rebuilding Civic Participation. As the only body in the community whose mission is "making democracy work" , not focused on special interest advocacy, LWVA is suited for long-term work on attempts at providing opportunities for "deliberation" on local issues (see pp. 15-16, March/April National Voter) . The Citizen/ City Communication Committee has recommended city forums, Friends of Ashland has produced forums on particular issues , (as mentioned above) , the SOSC Communications Department is talking about senior projects on "civic communication" , there are individuals capable of moderating forums ( including those with the Community Dispute Resolution Center) ; excellent consultation is available from Chris Neilsen' s "Today' s Choice/Tomorrow' s Community" work. (Possibility: a monthly "Ashland Affairs Seminar" at the library on the issue of the month) ( oir c k) LWVA Action/Advocacy on the "Making Democracy Work" Campaign (cont. ) IV. To Enhance Diversity of Representation. When only the disputants and their respective supporters show up for discussion of a 'community issue, it ' s almost impossible to have a civil and effective deliberation of the pros and cons , costs and consequences , of various options that leads to trade-offs, compromises, and win/win solutions . And most usually it is left to staff and public officials to represent "the common good" , to the suspicion and mistrust of all disputants; no citizens are present to represent the general interest of the community. The result is usually a protracted win/lose battle, with somewhat ineffective and rejected efforts on the part of city officials to represent the general interests of the community. Research has shown that working on public issues is very low among the priorities of citizens . If representative democracy is to be brought further down to "the grassroots" , some innovation and institutioning is required . In cities with neighborhood organ- izations (as in Birmingham, Dayton, Portland, San Antonio, and St. Paul) , about 10% of residents ( in neighborhoods averaging about 2, 000 citizens) take part in neighborhood organization activity. Research has shown that neighborhood organizations are most effective in working on neighborhood issues (vs . communitywide issues) . There ' s basis for doubt that there are sufficient neigh- borhood issues arising in Ashland (say in the 6 "neighborhood involvement areas" of, the transportation plan: Helman, Briscoe, Downtown/Railroad, Walker, Hillside, and South Ashland) to warrant any bureaucratic organizing. However, it is entirely feasible, and potentially very useful , to develop and maintain a "neighbor- hood representatives list" of citizens nominated by members of neighborhoods to represent them in deliberations on community issues . As with a "jury list" , citizens would feel some social pressure to devote some time to citizenship activity. Developing such a list is such a departure from current thinking as to benefit from initiative from LWVA for its devel- opment. If the city doesn ' t wish to pay for its initial devel- opment ( it could be done for under $1 ,000) , no doubt one of the many foundations supporting "Making Democracy Work" would be willing to provide funding. However, getting the list on the city' s computer system would require city cooperation. Again, there are many individuals and groups in the community that, from time to time, would be willing to devote energy and resources to the above activities. What is essential , however, is an organization to provide the continuity of effort, and the retention of "memory" , for continued activity from year to year. LWVA has the organization and mission to provide that continuity for the community. Hamilton Watershed Study Plan Workup Key Questions. Richard Hart, March 10, 1997 1. What human processes affect slope, soil, and stream channel/riparian stability? (roads, building sites,bikes,ground cover removal, etc.) 2. How has human activity created hydrologic instability within the Hamilton watershed? 3. What are the effects of sediment on channel morphology and aquatic habitat? 4• What is the primary mechanism delivering coarse sediment tot he stream systems and the storm drain network, and where do these processes occur? 5. What is the primary mechanism delivering silt to stream systems and the storm drain network, and where do these processes occur? 6• What trends can we expect in future sediment production and how do they compare to historic rates? Where is the sediment production likely to be higher than historic rates? 7. What is the character, distribution, and timing of low flow and major storm events in the Hamilton Cr. drainage? 8. Is there evidence of increased sediment loading and/or reduced water clarity in the Hamilton drainage? (Mapping.) 9 What other types of potential water quality impacts may be associated with human activities? 10. What is the chemical composition of the water and what effect does it have on the aquatic and riparian species within the drainage? 11. What future trends can be expected for water quality within the drainage? 12. What role does(or should) the drainage play in providing for conservation or recovery in the Bear Creek watershed? 13. How has the altered and rerouted water courses affect aquatic life and processes? Content and structure of the monitoring project. Legal context of WQ monitoring . Structural details of the project. Statistical Design and Considerations in the WQ monitoring. (Note: need to check whether the Aquatic Conservation Strategy is involved here.) Designated uses of watercourse: Types of activity within watershed riparian zones. This will have to include home development and landscaping;old unincorporated septage systems; water allocation and with- drawals;roading,,impoundments,gravel extraction;logging,etc. Selection of monitoring sites. Each watercourse in the study must include the headwall site and the site immediately preceding a confluence. Sites will come apparent when the watercourses are mapped out. Access to monitoring sites. Permission will be sought where needed. Availability of existing data. (RRNF, Marty Main, Bill Hicks, etc.) FEMA A partial list of needs to be developed and addressed before the City Council and community: 1)healthy understanding of the potential stormwater regulations 2) complete survey of the New Years Flood pathways of Hamilton and Clay C :S 3) survey of technology transfer and assessment that is applicable to our needs 4) public and city staff awareness and education (radio/TV/newspaper, etc..) 5) clear direction and support from city council and staff 6)non-point source (NPS)pollution prevention policy development and enforcement 7) financial support throughout the project development phase. Parameter Recommendations Stream and storm drain access for various inputs and carrying capacities Continuing residential/commercial developments within the Hamilton channel Collective withdrawal and inputs within the Hamilton watershed Physical and chemical monitoring parameters. Stream flow and routing Peak flow volume, rate and character Study of bed load materials Temperatures pH Conductivity/total dissolved solids Dissolved oxygen Nitrogen and Phosphorus nutrients Changes in stream flow Peak flow effects at X points Low flow effects Suspended sediment at X points Turbidity Open channel characteristics (using the Rosgen Method) Channel cross-sections at the open stream monitoring sites . Channel and bank, drains and piping stability Bed material choke points and final delivery areas Riparian/Wetland monitoring Riparian canopy opening Riparian vegetation Aquatic organisms Bacteria: E. coli and total coliform Aquatic flora Macroinvertibrates Fish Research and Monitoring Needs Teams for various tasks and assignments: mapping;surveys; sampling; lab work; and analysis Maps and DXF file copies from City Planning and Engineering evj F Coordination with City, DEQ RVCOG, etc. Funding'for laboratory supplies, printing,etc. February 9, 1997 Headwaters Inc. Attn: Roca Study Team PO Box 729 Ashland OR 97520 To the Study Team: Below is a copy of a letter I have sent to the City of Ashland. I have also sent a copy to the Daily Tidings. I am very happy that I took to time to attend the forum last Thursday. I learned a great deal and was especially glad to get first-hand information for your suggestions about Paradise Creek since my property abuts the Waldorf School property. You answered concerns I have had about the ditch behind my fence. Also, I had just moved into Mill Pond when Paradise Creek overflowed in March 1991 and went through Mill Pond. To: Cathy Golden Brian Almquist Alan DeBoer Susan Reid Don Laws Ken Hagen Carole Wheeldon Stephen Hauck I attended the Roca Study Team community forum on February 6, 1997. There was standing room only and the audience represented the diversity of interests in Ashland. The Team's findings to date were presented dramatically with videos, slides, and charts of the Flood of '97. The information was presented clearly and the questions asked were truly to gain information. This Study Team has done a lot of valuable work and the Flood gave them the opportunity to observe Roca Creek under adverse conditions and gave them information that could have taken years to obtain. I do hope that when the Roca Study Team presents its findings and recommendations to you on the Council you will act positively. As I understand it, although the study is being done on Roca Creek, the information gained can be applied to other creeks as well. Ashland sits in a valley interlaced with creeks and springs and surrounded by geologically young, unstable mountains. Floods will always occur. Good planning will look not only at the availability of water and waste disposal but also at how growth affects water run-off and subsequently flooding. Water will go where it wants to go and do what it wants to do. It can be contained and controlled somewhat, but in the end, the water will win all efforts to control it. M I How much better it is to understand the water and live with it than to suffer the consequences when the water exerts its power. 4 J-,- 6-f Edith G. Montgomery 156 Blue Heron Way Ashland OR 97520 164 Fifth Street February 7, 1997 1 was very impressed with the work that the Roca Creek Study Group has done. In the afternoon field trip and evening presentation that they offered to the public on February 6, we looked at how the water makes its way, above ground and often underground through storm drains and culverts, across the city. It starts high up above Elkader Street, down to and under the SOSC campus, Bridge Street and SOSC housing developments, surfacing once more just by the railroad tracks by Wightman Street, where it is joined by two additional creeks from the East(one which doesn't seem to have a name and the other is Paradise Creek) and then heading under East Main Street and through the Clear Creek neighborhood and on down to Bear Creek. We also heard some excellent and very timely ideas on how the watercourse might be altered to ameliorate two main problems that have become very evident: 1) too many suspended particles in the water during storms that clog up the works, and 2) too much water volume, period, particularly in the lower sections of Roca Creek. The best way to keep the soil from washing away into the water is by keeping a cover of live plants on the surface of the soil. Road cuts and development up high on the watershed disturb a granite soil that is already difficult to hold together. But once soil has been washed into the water, slowing the water velocity down in ponds provides an opportunity for particles to settle out. Right above the college campus where Roca Creek goes underground into the City"plumbing" is an ideal spot for such a pond, a chance to capture debris and granite before it causes problems lower down. I understand that the College has plans for an arboretum in this area, and hopefully a pond would fit in very nicely with this plan. Another excellent possibility we heard about was of rerouting Paradise Creek. This addresses the problem of too much volume in lower Roca Creek. Instead of the sharp left turn that Paradise Creek presently takes along the railroad tracks to join an overburdened Roca Creek, perhaps it, or part of it, might proceed more directly down the slope from SOSC property down between the Armory and the Forensics Laboratory, under East Main Street, and then through the Waldorf School's property, following an old ravine down to Bear Creek. If all those parties are willing to return that water to a more natural route, I think the beflooded residents of the Clear 'Creek and Millpond areas would be most appreciative. It was fascinating to learn that what we call Roca Creek down below East Main Street is actually a manmade ditch that was placed on the top of a gentle ridge to facilitate irrigation of neighboring pastures. The fact that there is a problem here is hardly surprising given that the route is not in a natural valley location, that run-off going into Roca Creek has been vastly increased by the number of paved and roofed surfaces along the way that do not absorb any water at all, and by the addition of the flow of two more creeks which in turn carry additional TO water. Yet a third element of a solution might be to create, at the point just below the railroad tracks where Paradise Creek might be diverted from Roca Creek, a second pond or wetland to help clear particles and pollutants out of the water before it heads into Bear Creek where the fish have to deal with it. It seems that we have the ability to make some corrective measures on these already much man-handled waterways. I'm not sure what exactly the process is to make these possibilities real, but surely as more members of our community understand the need to provide a clear, slow path for water to run off, and to accept the responsibility and wisdom of cleaning up that water as much as possible before it leaves our city, we can find a way. Mani Per loff Mill Fend 1FI#meowners Ass�c�at�on l'fl Box 340 Ashla�rd, QR�752U . February 27, 1997 To: Mr. Jim Olson, Director, Public Works Department Ashland, Oregon Subject: Flood Threat to Mill Pond Subdivision Mill Pond Homeowners Association, with its 61 property owners, is concerned about the serious threat of flood damage during a period of prolonged or heavy rain. The Roca Study Team has done an excellent study of the stream beds above our part of the city. We request that the City of Ashland, in response to the Team's conclusions, move Paradise Creek back into its original stream course, a course between the National Guard Armory and the Forensic Lab and then down through the land of the Waldorf school. We know that the Armory, the Lab, and the Waldorf School are receptive to a relocation of the channel. The proposed change would move 65 to 70 percent of the water that now flows into lower Roca Creek away from this inadequate stream course. The present confluence of Paradise Creek and Roca Creek (located at the crossing of Wightman Street and the railroad tracks) overflows during heavy or prolonged rains and seriously threatens Mill Pond subdivision, Clear Creek subdivision, and much housing at the foot of Fordyce Street. (The City of Ashland reimbursed Mill Pond Subdivision for damage incurred in the flood of March 3rd, 1991.) At a relatively modest expenditure, the City can eliminate a serious regional problem and reduce its own liability for failure to respond to a clear and present danger. Respectfully, Copies to: Mayor Cathy Golden City Administrator Brian Almquist City Council Members: Alan DeBoer, Ken Hagen, Don Laws, Chris Jeppsen, Susan Reid, Carole Wheeldon President # 3 Paradise Creek stormwater Treatment Wetlands # 4 Gast Main Pasture Wetlands # 5 Rick Davis Property Wetlands '� fJ Nina MUT - e uNCaN NouxmN K R. C 4CFIGGL SCHOOL SOUTHERN AoGI OREGON sf. ( STATE ►:.:+ , Z COLLEGE f PNJI � `-ix / GAIw1E1D ST. - .................... .�_.... la lei U MONROE a- h �r 4 EWi�CE s n. sr. BdOGE �. III o � a °•5� r• .f r1 o enw, sr. � � wM.HT41N St. d n. Q rr a �. �` ,• w ° SVpUY ST. ` # 2 S.O.S.C. Arboretum Sediment Basin 1 _ ���? (1� wuHER 0 f— AM 3 --• ca�1a.,Ts �, GewuE„ � L �HaaHn £v°JPJa7r1(CRt 0 is / /� �. scN°°L . G ,f1tii�!511E i .wM. •T S � ._© M ralftw of © RAY LANE 9 _ f i NorsuK ATE. •` ��I�,�/ FAITH 471 :� o CLAY / IUM mar - a T ` # 1 Pinecrest Terrace Sediment Trap �' ROCA CREEK NPS RECOMMENDED TREATMENT SITES Abatement Project #1 Elkader/Pinecrest Terrace Sediment Trap City of Ashland Contract U.S. EPA 319 Contract • Highest possible point for removal of course sediments to prevent $ 10,000 (July 1996-Ju1y1997) $22,000 (April 1997-April 199` erosion and channel downcutting. • Regular maintenance access is possible at this site just above Pinecrest Terrace. Public Public Involvement Involvment and Education #2 SOSC Arboretum Sediment Basin • Last opportunity to remove sediment before Roca enters underground Water Chemistry Water Cistormdrain system. OntInU2S • Location offers ease of access for maintenance and educational Stream Flows opportunity. Sediment • Larger settling area than Pinecrest Terrace. Transport Weather Continues Monitoring #3 Paradise Creek Stormwater Wetlands • Intercept ,- 65% of the volume currently flowing down lower Roca. Stream Impervious Surface p v g Inventory Continuation • Remove sediment and chemical pollutants through NPS wetlands. Geomorphology • Amenity values include wildlife habitat, recreation and education. =Sediment#4 East Main Pasture Wetlands Feasability Studies • Removal of chemical pollutants such as fertilizers and hydrocarbons Existing Storm from Roca Creek. Drain Inventory Implementation • Explore purchasing property to develop wetlands and allow public Planning access. • Opportunities for ancillary benefits as in #3. Impervious Surface Best Management Inventory Project Practices Feasability #5 Rick Davis Wetlands Study • NPS abatement just before Roca enters Bear Creek. Identification of 7 Intervention Opportunities Ordinance • Wildlife habitat along Bear Creek corridor. Development • Cooperative property owner; but no public access. Recommendation Coordination Development with SOSC and other partners