HomeMy WebLinkAbout2007-0416 Study Session Packet
CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, April 16, 2007 at 5:15 p.m.
Council Chambers, 1175 East Main Street
1. Look Ahead Review
2. Discussion of Right Water for the Right Use
3. Discussion of City Attorney Recruitment Process
4. Review of regular meeting agenda for April 17, 2007
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number
1-800-735-2900). Not(fication 72 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
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CITY OF
ASHLAND
Council Communication
Meeting Date: April 16, 2007
Department: Public Works I Engineering I Water I WW
Contributing Departments: C ervation
Approval: Martha Benne
Study Session - Right Water for the Right Use
Postponed from February 22, 2007
Primary Staff Contact: Paula Brown 552-2410 d. /
E-mail: brownp@ashland.or.us/~
Secondary Staff Contact:
E-mail:
Estimated Time: 45 minutes
Statement:
This item is being brought to Council for discussion regarding the long term water needs and sources, and best use.
Staff Recommendation:
Although this is a study session and no formal actions will be taken, staff requests direction from Council about ways to
support the Council's previous guidance and goals for water use, conservation, obtaining water rights and long term
viability of recycled water.
Staff's analysis of the best water source for each type of water use is strongly and deeply rooted in preserving this
precious natural resource, and in enhancing livability and the environmental stewardship in Ashland. Staff would like to
continue utilizing the services of the Water Recycling Task Force, add to their membership, and continue to formally
explore Ashland's Right Water for the Right Use.
Background - Water Need and Water Uses:
Water use in the summer months is highly dependant upon weather conditions; the warmer the weather, the higher the
use. When the late spring I early summer temperatures are in the 70s, the average use is 4 - 4.5 million gallons a day
(mgd). With temperatures in the 80s, water use reaches 5 - 5.5 mgd, and with temperatures in the 90s, average water
use is 6 - 6.5 mgd. Peak temperatures result in average peak-day water use of about 7.2 mgd. We have had days in
prior years with use as high as 8 mgd. Since 2000, water use in the summer months has been measured daily.
Monthly averages are between 5.6 and 6.2 mgd for each of the summer months with the monthly peak average as high
as 7.1 mgd. The 2001 drought year showed that our community was willing to monitor their use. During the voluntary
conservation periods, the average use in August dropped to 5.3 mgd. During September, the month of mandatory
curtailment, the average use dropped to 4.1 mgd. As soon as temperatures cooled off in mid October, the average use
dropped to 2.0 - 2.4 and stayed in that range. Through significant efforts of our conservation team, the City has
achieved successes in conservation and showed good progress with a summer time decrease in use since the 1998
report. This decrease has "relaxed" since successes in 2001 and 2002 as the incentive to conserve water seemed
needless due to great snow packs and excessive runoff in 2003-2006. Drought conditions will undoubtedly return, and
our citizens will be asked again to prove success with conservation efforts.
G:\pub-wrks\admin\PB Council\water issues\CC SS Right Water Right Use APR07.doc
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Water Use Comparison Year 2006 2005 2004 2003 2002 2001 2000
avg use 6.22 6.24 6.05 6.29 5.87 5.58 6.13
July 2000 through 2006 peak use 7.1 7.1 6.8 7.1 6.6 6.2 7.4
avg temp 90.8 91.0 90.6 91.7 90.9 86.6 84.5
8.0 avg inflow 12.1 9.8 9.6 10.2 7.9 3.7 na
7.0
6.0
1.0
-2006 use 2006 great snow pack and late run off; average to higher use
-2005 use 2005 late season rain in June
- 2004 use 2004 pretty average use; peaks and dips due to weather
- 2003 use 2003 high sustained peak temps, but also good snow pack
- 2002 use 2002 rain periods; lower use; pretty average snow pack
-2001 use 2001 drought conditions; low inflow, no snow pack; curtailment
-2000 use 2000 high sustained peak use; 5 days in a row above 7.0 mgd
The band
shows general
water use for the
month of July as
temperatures
typically increase.
A10%
conservation goal
would hold
average July use
to 5.52, a 10%
decrease in the
current average
(without 2001) of
6.13 mgd.
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'E
2.0
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
date
Future: Right Water for the Right Use
In 1998, the Water Advisory Group looked at a variety of options to meet future water demand estimates. At that time,
the TAP option was selected to meet the immediate future needs for the City of Ashland and provide an emergency
water source should the need arise. However, even with TAP as an ultimate resource, staff feels the need to explore
the right water source for the right use.
Our water use increases from roughly 2.0 mgd in the winter, to our peak daily use of over 7.0 mgd in the summer - that
is a 375% increase! Over the past seven years, staff has maintained detailed records of water use, rainfall, daily
temperatures and inflow into the dam. The average daily use in July is 6.06 mgd and in August is 5.87 mgd. Our peak
daily average occurred in August 2005 with an average daily use of 6.78 mgd. No matter the details, we use 3 times
as much water on any average July or August day than we use in the winter. We need to find the right source for this
largely outdoor irrigation use. Staff proposes that we look for better alternatives than potable water for our irrigation
uses.
Irrigation water sources are routinely available in the Rogue Valley. Ashland has water rights from the TID system for
769 acre feet. This is equivalent to 250.6 mg or 83 days of irrigation water using 3 mgd (conversion 325,850 gal per
acft). Fully utilizing all of the TID water available to the City of Ashland would enable over 2.5 months of irrigation use.
That does not take into account current use of the back yard TID users in the City, but illustrates one of the possibilities
for the right water for the right use. In addition, the City now treats its effluent to level IV which is suitable for irrigation.
This enables another 2.2 million gallons PER DAY for irrigation water use. Combined, these water sources provide a
partial solution to Ashland's irrigation and summer uses. There may be other sources of water to help meet Ashland's
summer irrigation uses. Conservation, along with alternative landscaping options, definitely plays a role to sustainable
Ashland. Finding a way to make this happen in a cost efficient and timely manner is the next step.
G:\pub-wrks\admin\PB Council\water issues\CC SS Right Water Right Use APR07.doc
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Community Task Force Involvement:
With heightened awareness of temperatures in Bear Creek, the impending Total Daily Maximum Loads (TMDL) for
Bear Creek, an ad hoc advisory group was formed in September 2005. The Water Recycling Task Force looked at
potential temperature solutions for the treated effluent that is currently discharged to Ashland and Bear Creek. The
committee met 4 times to discuss regulatory requirements, temperature effects to Ashland and Bear Creek,
wastewater treatment and effluent characteristics, etc. Staff recommends that the focus of this committee be
broadened to include the Right Water for the Right Use discussion and add several new members:
Current membership: Brent Crowe ODFW
Chad Woodward Headwaters; Water Quality Program Coordinator
Eric Dittmer SOU Geology Department
Susan Reid Citizen
Donna Rhee Watershed Council
Ron Roth Ashland Business (and water watcher)
Proposed Additions: Bill Meyers DEQ
Jim Pendleton TID
Keith Emerson Bear Creek Corp (knowledge of water/reuse for irrigation crops)
Cindi Dion Citizen
Janet Gillaspie Director; Oregon Association of Clean Water Agencies (ACWA)
Current Staff Members: Paula Brown PW Director
Terry Ellis Wastewater Treatment Plant Supervisor
Steve Geis Parks Superintendent
Nancy Slocum PW
Staff Additions: Robin Pearce Conservation (Water)
Consultant Member: Bob Eimstad Carollo Engineers
The focus of this new Task Force would be to look at alternatives to potable water sources and uses for those water
sources. In addition, this group would evaluate costs for improvements, help select and develop education materials
for water sources, and identify potential funding sources for pilot programs or long-term infrastructure needs. It is
estimated that this group would meet monthly for the next 12 months.
Staff recommends that the Committee be challenged with the following responsibilities:
1. identify any other alternate sources of water
2. identify the right water for the different water uses
3. identify challenges to using irrigation water
4. identify challenges to using recycled water
5. identify options and cost estimates
6. report to the Council within 6 months with interim ideas and gain support or re-direction
7. report back to the Council within 12 months with a final analysis
Related City Policies:
Ashland Municipal Code
Comprehensive Water Master Plan
Wastewater Treatment Plant Facilities Plan (Updated 2003)
Budget Documents including the CIP
Where Living Waters Flow: An Overview of Ashland's Water Source (Kay Attwood 1998)
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Page3 of 8
~~,
Council Options:
Council has a variety of options with regard to this issue of Right Water for the Right Use:
1. Disregard the whole concept of using the right water and continue to use and develop water sources as we
have done in the past.
2. Focus solely on the use of TID water for back yard irrigation and do not look at the use of recycled water from
the WWTP as it is too complicated.
3. Acknowledge that water is a significant resource not only for our lifetime, but for our families and continually
changing community; and direct staff to aggressively pursue the Right Water for the Right Use by:
A. Directing staff to talk with TID and gain their support for the Right Water for the Right Use
B. Increasing the membership of the current Water Recycling Task Force
C. Renaming the ad hoc Committee to; Right Water for the Right Use Task Force and provide them with
a set of challenges as shown above.
Potential Motions:
As this is a study session, no motions are presented.
Attachments:
none
G:\pub-wrks\admin\PB Council\water issues\CC SS Right Water Right Use APR07.doc
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Background - Historic:
(from Kay Atwood's 1998 "Where Living Waters Flow: An Overview of Ashland's Water Source":
Ashland's commitment to and debates with water supply began before the "town" incorporated in 1847 and continued
as Ashland became a City in 1884. In the early years, the need for a water system was borne out of the need for
adequate fire protection. The initial water delivery system was completed in 1887. The City's drinking water source
was originally obtained from a series of wells, and the first City-wide Water Works was constructed in 1889/90. The
costs of "progress" was often debated and used in political campaigns. Concerns with sanitation, disease, increasing
water shortages and a growing concern about future water availability dominated discussions in the late 1890s. In
1893, the Ashland Creek Watershed was federally proclaimed a municipal watershed reserve. During the 1890s,
Ashland experienced seasonal water shortages in the summer and began to regulate and curtail the use of water.
In 1923, the City obtained a perpetual right from the Talent Irrigation District (TID) for 600 acre feet of water and in
1924, the TID system was extended with the Ashland lateral and Emigrant Creek reservoir. This helped to secure
irrigation water for the community. In 1927 and 1928, the City extended potable water capabilities through the
construction of a distribution reservoir at Crowson "Hill" and the Reeder Gulch Reservoir/Dam (renamed Hosler Dam in
1952 after the water superintendent retired).
Throughout the early years and into the 1940s, Ashland commissioned several water studies. These early studies,
and those that continued into the 1990s, evaluated a variety of sources of water including; additional reservoirs in the
Ashland Watershed, additional TID water, treating TID water, obtaining water from Medford (evaluated as early as
1948), distribution reservoirs, water conservation and water curtailment.
Flooding has plagued Ashland since records were kept, most notably the "floods" of December 1861, February 1927,
January 1948, December 1964, January 1974, and most recently the New Year's Day flood in January 1997. The
floods often resulted in limited or incapacitated water treatment or delivery, resulting in the need for emergency water
sources.
Background - Water Sources:
Ashland's water sources have remained relatively stable since the 1960s with two additional sources:
Ashland Creek - Ashland Creek is the City's primary potable water source from the Ashland Watershed through
Reeder Gulch and Hosler Dam. The City has rights to the majority of the live flows in Ashland Creek (93 acre-feet or
roughly 85%). Reeder Reservoir is relatively small and the maximum storage behind the dam is 860 acre-feet or 280
million gallons of raw water when the overflow weirs are in place. Reeder Reservoir is fed from snow melt and
watershed rain runoff from Mount Ashland. Typically, the reservoir reaches capacity (fills to the top) in April, spills over
the overflow weirs at the dam through to the end of May, and then the water level behind the dam slowly starts to fall
until the rains begin again usually sometime in October. If there is no rain into the fall, once the reservoir level starts
dropping, water use must be closely monitored, and results in conservation efforts or curtailment in summer drought
years. Sluicing allowed the reservoir to be cleaned every three years up until 1990s. Currently the dam has not been
sluiced since 1993, and has an undetermined amount of sediment and organic materials in the reservoir. Staff is
evaluating the impacts of sediment in the reservoir (2007).
Talent Irrigation District (TID) - Water delivered by TID from water stored within the US Bureau of Reclamation's
(BOR) dams at Howard / Hyatt Prairie and Emigrant Lakes serves as Ashland's secondary source for potable water
(last used for potable water augmentation in 2001) and is a primary source of irrigation water for the golf course,
Southern Oregon University (SOU), Ashland's Parks and just under 140 residential back yard irrigators. Ashland lost
its extension of a 1966 30-year temporary water right agreement for 795 acre-feet, but retains the perpetual municipal
water rights totaling 769 acre-feet. Staff has not had success with renegotiating the 1966 TID Water Use Agreement
and expects that these discussions will not continue as the Rogue and Klamath basins have been over allocated. With
the Klamath Tribes now formally challenging the water diversions, it seems even more unlikely that the City will be
successful in re-negotiating those prior agreements. Ashland had a temporary water right from the BOR/TID system
for an additional 600 acre-feet of municipal water for the 2006 water year, but used less than 100 acre-feet due to the
late receipt of the water right. Staff will continue to look for permanency in these water rights.
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Lost Creek Water Rights and TAP - The Comprehensive Master Plan evaluated and discussed several different
options. The TAP pipeline was the only "stand-alone" alternative that could supply the City with the water supply deficit
that is projected (Carollo Technical Memorandum #2). Carollo summarized the findings and recommendations in
Technical Memorandum #3. These recommendations were the basis of Council's decision in December 1998 to
cooperate in the construction of the TAP Pipeline and evaluate other water supply needs.
The Master Plan looked at the City's supply and demand for water through the year 2050 (Carollo - Technical
Memorandum #1). The report indicates that as Reeder Reservoir is undersized, the City does not have adequate
water supply during severe drought conditions. The water supply deficit reaches 450 million gallons in the design year
of 2050. Aggressive summer conservation could theoretically achieve a 20% reduction; however, the recommendation
was to have the City implement a voluntary curtailment program that targets a 10% reduction during the high use
summer months - every year. Mandatory curtailment would be used to achieve the additional 10% (total 20%)
reductions during severe drought conditions.
Carollo recommended that the City acquire 450 million gallons (or 1380 acre-feet) of water from Lost Creek Lake as a
part of the TAP (Talent, Ashland, Phoenix) Water Intertie project which will bring 1.5 million gallons a day (mgd) of
water from Lost Creek Lake through the Medford Water Commission's system to the City of Ashland. Due to an error
in how the US Army Corps of Engineers (USACE) calculated their project interest rates, the city only purchased 920
acre-feet of stored water from the USACE in 2001 and gained the state's approval for these water rights in 2006. The
additional 460 acre-feet of deficit water rights has been budgeted for FY09 at an estimate of $500,000.
The timing of the construction of the TAP Pipeline to Ashland and overcoming even short-term deficits are highly
dependent upon drought conditions. The reports suggest that with "...aggressive summer conservation, the City
can theoretically reduce the overall [water supply] deficit through the year 2020. "However, demand reduction
conservation would need to be achieved every year during the highest demand months to adequately protect
against unanticipated drought. Demand reduction by summer conservation alone is therefore not considered
a suitable planning strategy for deficit reduction." The amount of projected deficit is a strong function of projected
population growth and other factors including drought conditions. The year 2016 has been used as a planning target
for overcoming the additional growth related deficit and completion of the TAP Pipeline to Ashland.
Construction of the TAP Intertie Pipeline to Talent - The TAP Intertie Project is a 24-inch pipeline from Medford to
Talent. The cities of Talent, Ashland and Phoenix, hired Montgomery Watson (MW - now Montgomery Watson Harza
- MWH) Engineering to complete the final engineering design and to provide construction management services during
the construction of the TAP Intertie pipeline. The Rogue Valley Council of Governments (RVCOG) assisted in contract
oversight during construction and has continued to act as the coordinator for the three cities during the operation of the
pipeline. There is discussion that this arrangement will likely change in 2007.
Pipeline construction was completed in 2002 and includes the pipeline along Hwy 99, a Regional Pump Station at
Belknap Road and Hwy 99, and the system telemetry links with the City of Medford, Talent and Phoenix (and
eventually will include Ashland). Both Talent and Phoenix had ancillary water system improvements designed and
constructed as a part of their funding through a combination grant and loan program through the Rural Development
that are not specifically part of the TAP Intertie costs.
TAP Construction Costs: The engineer's estimate for the construction work was $10,660,060. James W. Fowler's
final construction costs were $9,260,255. The City of Ashland participated in only a portion of the entire project, with
Ashland's portion totaling $1,058,256 plus the design costs of $137,737, plus RVCOG administration and management
costs of approximately $30,000, (totaling $1,225,993) under the CI P estimate of $1,245,000 for the TAP construction
and engineering / construction management costs.
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Imperatrice Property Water Rights - The City purchased 840 acres of land (Imperatrice property) north of the
freeway with the intent of using this property for effluent irrigation in the late 1990s. Council reversed their decision to
use the property for any wastewater functions in 1999, but has retained the land. Of the 840 acres, roughly 220 acres
has TID water rights which are currently still a part of the City's overall water rights inventory. During the water master
planning efforts, there was a proposal to explore the use of these water rights as a possibility to provide "leased" water
for in-stream beneficial use to replace a portion of the wastewater treatment plant effluent or as an additional use at the
end of irrigation season when the creek flows are the lowest. This issue was discussed with TID and the State Water
Master and would also require BOR approval. This option will continue to be discussed as staff researches solutions to
the wastewater temperature concerns.
Potential use of Wastewater Effluent as Recycled Water - The City's Wastewater Treatment Plant treats 2.2 million
gallons per day (mgd) of highly treated, tertiary water that goes through the membrane facility. Water reuse
regulations allow the use of treated effluent for a variety of uses. With only minor modifications, the use of this water is
unlimited and could be applied as irrigation for golf courses, parks and food crops. The State encourages reuse or
recycled water and is continuing to develop regulatory language to ensure its safety and appropriate uses.
WWTP Temperature Concerns - on a related but slightly different track, the City is being faced with a probable
imposition of temperature limits to discharge effluent into Bear Creek. Council will have heard a discussion from the
Department of Environmental Quality regarding the proposed Bear Creek Total Maximum Daily Loads (TMDLs) which
include temperature limitations. Although Ashland's WWTP effluent is treated to the highest standards, the actual
process to treat the effluent does not cool the water, and often actually shows some increases in temperatures in the
summer months. The City's current permit to operate the treatment plant required an analysis of the temperature
concerns and staff, along with Carollo Engineers, completed this assessment in September 2006. That document can
be reviewed in the Public Works office, and is summarized briefly in the following two paragraphs.
Summary of Bear Creek Temperature TMDL and Impacts - Current water quality regulations require that Ashland
Creek and Bear Creek meet an 180 C (64.40 F) 7 -day rolling average of the maximum stream temperature in order to
protect salmonid fish uses from May 15 to October 15. From October 15 to May 15, the 7 -day rolling average of the
maximum stream temperature must not exceed 130C (55.40 F). A cumulative Human Use Allowance of 0.30C is
allowed by OAR 340-041-0028.12.b: "Following a temperature TMDL or other cumulative effects analysis, waste load
and load allocations will restrict all NPDES point sources and non-point sources to a cumulative increase of no greater
than 0.3' C above the applicable criteria after complete mixing in the water body, and at the point of maximum impact. n
As proposed in the TMDL, DEQ will allocate 0.10 C of the cumulative 0.30 C Human Use Allowance to the City of
Ashland WWTP discharge. While the TMDL is being developed by DEQ to address "worst case" temperature
conditions (August), other months may be more problematic for the City of Ashland. In October, stream flows often
remain very low upon cessation of the irrigation season. The estimated monthly flow for Bear Creek at Ashland during
October is approximately 2 cfs. Treatment plant effluent temperatures during October are approximately 180C but the
water quality standard from October 15 - May 15 is 130 C. The likely result is that the City could not discharge
significant volumes of effluent in October and into November during those years when stream flows are low. This has a
significant impact on the cost of option "a" above since there is typically no irrigation demand from October 1 st through
the winter. This means that the City would have to store significant volumes of reclaimed water during this critical fall
period.
Alternatives for Offsetting Thermal Load - The treatment plant discharge currently increases stream temperatures
in August by 1-20 C when completely mixed. Recycling all of the WWTP effluent, as would be required to meet the
0.10 C Human Use Allowance in Ashland Creek, would result in an improvement in stream temperatures in the vicinity
of the treatment plant outfall. Modeling has shown that the treatment plant discharge results in a slight increase (0.1 oc)
in stream temperature for approximately 6 miles downstream on Bear Creek. Cessation of WWTP discharge would
result in slight reduction in stream temperature for this six mile reach, but because of lower stream velocities in Bear
Creek, the downstream reaches beyond six miles would have higher stream temperatures. In some lower reaches
Bear Creek stream temperatures would be increased by approximately OSC.
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Numerous alternatives were considered and modeled for reducing the thermal load within Ashland Creek and Bear
Creek. Stream temperatures are most improved by withdrawing warm effluent from the stream while maintaining or
increasing stream flows. This would require using reclaimed water to offset other withdrawals on the Ashland
Creek/Bear Creek system. Based upon the draft TMDL, the City of Ashland WWTP will be allowed to only increase
stream temperature by 0.1 0 C. Based upon this limitation and the modeling evaluation of various discharge options to
both Ashland Creek and Bear Creek, the options available to the City of Ashland are limited. They include:
· cessation of discharge during critical time periods. This would likely include the months of June through
October. The City would have to recycle its effluent and use it for irrigation (see discussion on MP-1 below.)
· reduction in discharge coupled with significant increases in stream flow by reduction in other water
withdrawals or release of stored water,
· cooling the effluent prior to discharge,
Given the extent of existing riparian shading, and the inability of further riparian shading to significantly offset the
thermal impact from the City of Ashland WWTP, riparian tree planting to offset the thermal load is not recommended as
a stand-alone approach to offsetting thermal load.
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Water Use Comparison Year 2006 2005 2004 2003 2002 iflt11 2000
avg use 6.22 6.24 6.05 6.29 5.87 ') :)h 6.13
July 2000 through 2006 peak use 7.1 7.1 6.8 7.1 6.6 ry 2 74
avg temp 90.8 91.0 90.6 91.7 90.9 ";1; 6 845
8.0 avg inflow 12.1 9.8 9.6 10.2 7.9 na
7.0
6.0
:0-
m
'C
Q; 5.0
Q.
III
co
..2 4.0
(ij
...
co
~ 3.0
'E
- 2006 use 2006 great snow pack and late run off; average to higher use
- 2005 use 2005 late season rain in June
- 2004 use 2004 pretty average use; peaks and dips due to weather
- 2003 use 2003 high sustained peak temps, but also good snow pack
_. 2002 use 2002 rain periods; lower use; pretty average snow pack
The band shows
general water use
for July as
temperatures
typically increase.
A 10%
conservation goal
would hold
average July use
to 5.52, a 10%
decrease in the
current average
(without 2001) of
6.13 mgd.
2.0
1.0
-,-.2001 use 2nn 1 drOUyil': ::0' :i!tl~)f!' I'. Inf!o~\' no ~'l, IV. pr1Ck curtAlllnen!
0.0
_. 2000 use 2000 high sustained pllak US€!: 5 days in a row above 70 mgd
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3
date
Population vs Water Use per Capita
22,000 200
190
21,000 180
c: 20,000 170
0 160
+= '0
C'CI 19,000 150 (.)
"3 c..
c.. III 140 en
0 18,000
c.. 130
17,000 120
110
16,000 100
It) <0 r-- co 0) 0 c; ~ 8 v It) <0
0) 0) 0) 0) 0) 0 0 0 0
0) 0) 0) 0) 0) 0 0 0 0 0 0 0
C\I C\I C\I C\I C\I C\I C\I
_ population
-gpcd
1
CITY OF
ASHLAND
Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit
written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed.
Except for public hearings, there is no absolute right to orally address the Council on an agenda item. Time permitting, the
Presiding Officer may allow oral testimony; however, public meetings law guarantees only public attendance, not public
participation. 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, if any. The time granted will be dependent to
some extent on the nature ofthe 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 17 , 2007
Civic Center Council Chambers
1175 E. Main Street
5:30 p.m. Executive Session to discuss pending litigation pursuant to ORS 192.660(2)(h).
6:30 p.m. Reception honoring 2007 Ragland Award Winner
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes]
1. Executive Session meeting minutes of April 3, 2007
2. Regular Council meeting minutes of April 3, 2007
VI. SPECIAL PRESENTATIONS & AWARDS
1. Swearing in of New Police Chief, Terry Holderness
2. Announcement of 2007 Ragland Award Winner - Ashland City Band
3. Mayor's Proclamation of Independent Media Week
4. Mayor's Proclamation of Respite Care Awareness Week
VII. CONSENT AGENDA [5 minutes]
1. Minutes of Boards, Commissions, and Committees
2. Approval of Engineering Services Contract Amendment No. 1 for Water Treatment
Plant Process Improvements between the City and Brown and Caldwell (06-02)
3. Annual Appointments to Commissions/Committees
4. Liquor License Application - Ashland Bakery Cafe
5. Declare Vehicles and Equipment as Surplus and Authorize a Public Sale
6. Approval of Sole Source Procurement and Public Contract Greater than $75,000
Small Woodland Services, Inc.
7. Annual Ambulance License Renewal
COUNCIL \UL III\( IS ARE BRUAUC.f\\;;'T L IVI. ON C HANNLL 9
VI"j I I HI, CITY OF ASlll .\\iD'S WEB Sll [ AT WWW.:\Sl!ln\\iD()RUS
VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC
~2.04.040})
1. First Reading by title only of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code, Adding a New Chapter 10.115, Tenant Rights in
Condominium Conversion"
2. First Reading by title only of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code, Chapter 15.04, Regarding Conversion of Existing Multi-
Family Rental Units into For-Purchase Housing in Multi-Family Districts"
3. First Reading by title only of an Ordinance titled, "An Ordinance Amending the
Ashland Municipal Code Concerning Conversion of Existing Rentals into For-
Purchase Housing in Multi-Family Zoning Districts to Provide Additional Incentives,
Contractual Commitment, Density Bonus and Other Voluntary Mechanisms to
Increase Affordable For-Purchase Housing Stocks and Affordable Rental Units in
Multi-Family Zoning Districts"
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Tripartite Housing Committee Report [15 Minutes]
2. Report on AMC Sections with References to City Charter [15 Minutes]
3. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC
3.08.020 To Apply Ethics Provisions to Employees, Appointed Officials and Elected
Officials" [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Repealing Resolution Nos. 81-20, 81-
63,89-14 and Appointing Park Commission to Facilitate Senior Program"
2. Reading of a Resolution titled, "A Resolution Updating the Forest Lands Commission
Membership, Quorum, Powers and Duties and Repealing Resolution 2005-31"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL
LIAISONS
1. Information on the City Website Relating to the Charter Ballot Measure
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
cot ii\ClL \:1EETIN(JS MZ! BROADL\\T lIVE U!\; ( IIANN!I 9
VI';l I IIlL CITY UF \';IIIAND'" \\TI) ~II L AT \VWWA"IHAND,UR,U"
CITY OF
ASHLAND
Council Communication
Study Session - City Attorney Selection Process
Meeting Date: April 16, 2007 Primary Staff Contact: Martha Bennett, bennettm@ashland.or.us
Department: Administration 552-2103
Contributing Departments: Human Secondary Staff Contact: Tina Gray, Qravt@ashland.or.us
Approval: Martha Benne 552-2101
Estimated Time: 30 minute
Statement:
The City Council needs to agree on a process for selecting a City Attorney
Staff Recommendation:
Staff has outlined a possible process for selecting the next City Attorney. This is the Mayor and
Council's process, however, so this outline should be treated as a starting point.
Background:
In February, the City began recruiting for a person to fill the City Attorney position given Mike
Franell's departure in May. The City has advertised in a variety of publications (both print and
electronic), targeting attorneys on the west coast with local government experience.
As of today, the City has received three applications. Typically, we receive most applications on the
two days of a recruitment, so the number could be larger before the closing date. Still, we have not
received a large number of inquiry calls, so we expect the number of applications to be fairly small,
probably 15 or less.
DRAFT Recommended Process
These are some initial thoughts about the process.
Initial Review of Resumes by April 30, 2007- Staff recommends that a subset of City Councilors
perform the initial screening of resumes. During this stage of the recruitment, the applicants would
remain confidential as allowed by Oregon law. At this point, since we don't believe we are going to
receive a large number of applications, staff believes this subset of Councilors can recommend four to
six candidates for interview. The subset of Councilors could also recommend to the full Council that
we re-advertise the position ifthere are not sufficient applications for a formal interview process.
Written Exercise and Background Checks - Staff recommends an initial background check prior to the
interview process. Human Resources staff can verify dates of employment and degrees prior to
interviews. I recommend this initial step because of problems in the backgrounds in applicants for
other positions. Staff also recommends that the City develop a short (no more than three page) written
exercise for the finalists to complete. We can use a case that has some real application (probably not a
real case) for the City. I recommend this to learn about the applicants writing and reasoning skills.
The writing exercise would be completed at least a few days before the formal interview process
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Formal Interviews the week of May 21 or May 29- Staff recommends that the interview process
include the following elements:
· A formal, structured interview by the City Council as a whole (in Executive Session)
· An opportunity for discussion with candidates and feedback from the public. This could take
the form of a community event, a moderated discussion, or a citizen interview panel. While we
used all three of these for the Police Chief recruitment, the community event was very lightly
attended. Staff would like Council direction on the best way to involve interested citizens.
· An opportunity for involvement from a sample of City staff and officials. In particular, the
City Attorney will work closely with the Municipal Judge, the City Recorder, Community
Development, Police, Finance, and Public Works. A "staff' interview panel could be used to
allow folks from these departments to provide feedback to Council the Council deliberates on
the candidates. Council could also create an opportunity for the Candidates to tour City Hall
and meet the Legal Department staff.
These formal interviews have typically taken place on Thursdays and Fridays, but Council could select
a different day of the week.
Follow Up - Staff recommends that a follow-up interview take place with the Mayor with the top
candidates and a thorough background investigation.
Appointment - The Mayor would then make the decision about the candidate he wishes to appoint,
negotiate the employment agreement, and make a recommendation to the City Council. If interviews
happen no later than June 8, this should be able to happen the second Council meeting in June.
Screening Criteria
The criteria for selection should come largely from the job description and job announcement. Prior to
the formal interviews, Council will want to decide the relative weight of each of the criteria. I have
attached the job description and job announcement for your review . Your feedback on April 17 will be
useful, but there will be more time later in the process to discuss criteria.
Related City Policies:
None.
Council Options
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JOB DESCRIPTION
CITY OF
ASHLAND
OVERTIME: ---2L Exempt _Non-Exempt
PURPOSE OF POSITION:
Perform a broad range of legal services for the City. Interpret codes, represent City in legal proceedings,
prepare resolutions, ordinances and other legal documents for City and provide other legal support to the
Mayor, City Council, Parks Commission, City Administrator and department heads. Represent the City
before individuals, groups and various agencies. Provide first-line supervision to assigned personnel.
ESSENTIAL JOB FUNCTIONS:
Supervise employees in work activities within the legal function, including instruction, assigning and
reviewing work, scheduling projects, evaluating performance, taking and/or effectively recommending
necessary personnel actions, and resolving employee complaints.
Create, review, interpret and enforce contracts for City on a wide variety of subjects, including real estate,
development, intergovernmental, loan, personnel, and other agreements. Conduct research, analyze and
advise City on various legal questions and recommended courses of action. Prepare correspondence,
memoranda and reports concerning questions, analyses, interpretations and opinions.
Research, review, interpret, and create City ordinances. Prepare necessary reports for City staff, Mayor
and City Council information and action. Communicate both orally and in writing, with violators concerning
compliance with various City codes.
Advise City on disciplinary actions and review grievances filed by employees and bargaining units.
Conduct necessary research, analyze and interpret various labor related questions and advise City
regarding best courses of action. Respond to inquiries and resolve complaints regarding City activities in
person, over the telephone and through written correspondence. Attend various community group,
professional and civic organization meetings to communicate City policies.
Follow all safety rules and procedures established for work areas.
AUXILIARY JOB FUNCTIONS:
Maintain proficiency by attending training conferences and meetings, reading materials, and meeting with
others in areas of responsibility. Maintain work areas in a clean and orderly manner.
JOB QUALIFICATION REQUIREMENTS:
MANDATORY REQUIREMENTS: Extensive knowledge of legal practices requiring independent research and
analysis of complex issues affecting the City. Considerable knowledge of research methods and
preparation of legal documents associated with administrative and judicial proceedings, principles of civil
City Attorney
.JOB DESCRIPTION
Page 2
law, etc. Thorough knowledge of municipal government functions and legal issues affecting same,
principles and practices of human resources and collective bargaining. Completion of an accredited law
school and five years of experience as a practicing attorney representing the public sector, or any
satisfactory combination of experience and training which demonstrates the knowledge, skills and abilities
to perform the above duties.
SPECIAL REQUIREMENTS/LICENSES: Must be or become admitted to Oregon State Bar and maintain
membership requirements. Possession of valid Oregon driver's license (or ability to obtain).
DESIRABLE REQUIREMENTS: Previous experience in a municipal government environment.
PHYSICAL DEMANDS OF POSITION:
While performing the duties of this position, the employee is frequently required to stand, sit, communicate,
reach and manipulate objects, tools or controls. The position requires mobility. Duties involve moving
materials weighing up to 10 pounds on an regular basis such as files, books, office equipment, etc., and
infrequently weighing up to 30 pounds. Manual dexterity and coordination are required less than 50% of
the work period while operating computer keyboard and other standard office equipment.
WORKING CONDITIONS:
Usual office working conditions. The noise level in the work environment is typical of most office
environments.
SUPERVISORY RESPONSIBILITIES:
Responsible for seldom over 3 FTE. Performs staff advisory functions on a citywide basis on legal matters.
SUPERVISION RECEIVED:
Works under the general direction of the Mayor and City Council.
THIS DESCRIPTION COVERS THE MOST SIGNIFICANT ESSENTIAL AND AUXILIARY
DUTIES PERFORMED BUT DOES NOT INCLUDE OTHER OCCASIONAL WORK WHICH
MAY BE SIMILAR, RELATED TO, OR LOGICAL ASSIGNMENT TO THE POSITION.
DEPT. HEAD SIGNATURE
CITY ADMINISTRATOR APPROVAL
DATE*~
ADMINISTRATION DEPARTMENT/PERSONNEL
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-552-2110
Fax: 541-488-5311
TTY: 800-735-2900
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