HomeMy WebLinkAbout2009-0519 Council Mtg PACKET
CITY OF
ASHLAND
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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 19, 2009
Council Chambers
1175 E. Main Street
6:00 p.m. Executive Session - to consult with legal council regarding pending litigation
pursuant to ORS 192.660(2)(h)
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES'
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
15 minufes}
V''y Study Session of May 4,2009
(12. Regular Council of May 5, 2009
VI. SPECIAL PRESENTATIONS & AWARDS
1, Does the Council ' on e Ashland Forest Landsr~e~ration Project,
or the City's Winburn Parcel? f..e5~ ~
VII. CONSENT AGENDA [5 minutes)
1. Does the Council accept the Minutes of Boards, Commissions, and Commill~~.:~~ _ _0
2. SREH:Jld C6t1Aeil ~ccept th~ '~\...,p::)t,h()r fn:;)~ f3FOCl:JfCffiC"t policy as pi esellt?" ~ rY' K.Q1
3, Will the Council, acting as the Local Contract Review Board, declare the items listed as
surplus property and authorize a sealed bid auction be conducted to dispose of the
vehicles and equipment declared as surplus property?
4. Should the Council approve a contract with Brown and Caldwell in an amount not to
exceed $43,972 to provide an ecological assessment of the Lithia Springs property on
~Emigrant Creek Road?
5. Does the Council wish to confirm the Ma or's appoint
Should the Counci n e harter Communlc .
facilitate negotiatio of a new franchise agreement?
7. Will the Council approve the engineering services contract Amendment #4 with Brown
and Caldwell for $59,836 for engineering services to monitor and test source water supply
at Reeder Reservoir? r
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASllLAND,OR.L!S
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior
to the commencement of the public hearing. All hearings must conclude by 9:00 p.m., be
continued to a subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of
council (AMC-!j'2.04.050))
1. Should the Council approve a resolution adjusting the FY2008-2009 Budget to create'
appropriations and authorize expenditures for unanticipated expenses during this year?
[15 Minutes]
2. Will the Council grant the Oregon Department of Transportation a variance to the City's
noise ordinance that will allow night work on Interstate 5 between Milepost 11.45 and
19.09? [15 Minutes]
3. Does the Council authorize a 7.7% increase for residential, commercial and medical
waste services provided by Ashland Sanitary Services, Co., Inc.? [10 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people
wishing to speak to complete their testimony.) [15 minutes maximum]
X. UNFINISHED BUSINESS
'1, Should the Council approve an amendment to the Ashland Land Use Ordinance (ALUO)
adding Chapter 18.63 Water Resource Protection Zones and related amendments of the
ALUO and Comprehensive Plan regarding the protection of wetlands, stream and riparian
corridors? [1 hour]
XI. NEW AND MISCELLANEOUS BUSINESS'
None.
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should the Council approve second reading of an ordinance titled, "An Ordinance
Amending the Ashland Land Use Ordinance, Site Design and Use :;>tandards (Section
18.72:030) Concerning Public Art on Historic Structures"? 115 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Airport Commission
2. Conservation Commission
XIV. SUMMARY OF MEETING
XV. 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) 488-600Z (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).
COUNCIL MEETINGS ARE BROADCAST UVE ON CHANNEL 9
Vlsrr TIlE CITY OF ASHLAND'S WEB SlTE AT WWW.ASHLAND.OR.l!S
CITY COUNCIL STUDY SESSION
May 4. 2009
Page 1 of3
MINUTES FOR CITY COUNCIL STUDY SESSION
Monday, May 4, 2009
Siskiyou Room, 51 Winburn Way
Mayor Stromberg called the meeting to order at 5:37 p.m.
Councilor Navickas, Voisin, Jackson and Chapman were present. Councilor Lemhouse and Councilor Silbiger
were absent.
,
1. Discussion regarding Two Ordinances implementing the Downtown Taskforce's
Recommendations relating to Right of Way.
Project Manager Adam Hanks provided a presentation on Sidewalk Rights of Way that included:
. Background - Why We Are Here
. Downtown Task Force
I. Parking
2. Signs
3. News racks
4. Private/Commercial Use ofR-O-W
. Existing Codes & Spec's
I. Minimum 6 Foot Clearance
2. ADA Requirements
3. Vision Clearance
. AMC 13.02.040 - No person may occupy or encroach on a public right-of-way without the
permission ofthe City. The City grants permission to use rights-of-way by franchises, license,
and permits.
. Purpose
. Multiple Uses
. Competing Interests
. Maintaining Function & Enjoyable Use
. Pu rposes
I. Pedestrian Circulation and Access to Buildings and Other Public Spaces
2. Buffer between Roadway and Buildings
3. Community Interaction Spaces
. Multiple Uses
1. Safe Walking Area & Surface for Pedestrians
2. Public Utility Placement
3. Street Trees for Pedestrian, Vehicle Parking and Streetscape Enhancement
4. Benches, Garbage Cans, Bike Racks for Clean, Orderly Use and Community Enjoyment
5. Select CommerciallPrivate Use by Permit - Sidewalk Dining, Sidewalk Sales, etc.
. Competing Interests
I. Limited Sidewalk Space- 8 to 12 Feet
2. Ability to Exit Vehicle from On-Street Parking
3. Landscaping Features to Buffer Pedestrians from Travel Lanes and Creation of Comfortable
Spaces
4. Clearances for Storefront Access and View
5. GarbagelRecycle, Bike Racks, Benches for Pedestrian Uses Distributed Throughout the
Downtown Area
6. Needed Space for Utility Uses: Power Poles, Light Poles, Crossing Sib'11als, Electrical
Transformers, etc.
7. Clearances to Access & Work on Utilities
CITY COUNCIL STUDY SESSION
May 4, 2009
Page 2 oj 3
Public Works Director Mike Faught and GIS Technician I Richard Best presented a GIS map depicting the
current 6-foot clear zone for pedestrian passage with the space measurement based on the distance from a
building or the edge of objects in the sidewalk. The map included a legend of what the objects were. Mr.
Faught expiained the code requires a minimum clear zone of six feet and the Americans with Disabilities
Act (ADA) has a 4-foot clearance requirement with an additional 5-foot space every 200 feet for
wheelchairs to pass.
Mr. Hanks continued with the Sidewalk Rights of Way presentation:
. Sidewalk Rights of Way - Maintaining Functionality & Use
. Existing City Standard Functional Items
1. Garbage Cans
2. Benches
3. Bike Racks J
4. Tree Grates
. Proposed Additional City Standard Items
1. Planter Boxes
2. Publication Boxes (news racks)
3. Cigarette Disposal Containers
. Maintaining Functionality & Use
. Standard Functional Items Regulations
1. Standards will be adopted and maintained by resolution and included in Public Works
Standards Guides
2. Standards provide consistency of look and assurances of durability and public safety
. Three placement categories
1. City purchase items
2. Items donated to City of Ashland
3. Items on loan to the City
. Proposed Regulations for Functional Items
City Administrator Martha Bennett and City Attorney Richard Appicello discussed standards for flower boxes,
bollards and benches with the Council. Bench standards could be about durability, maintenance and public
safety, have functional descriptions rather than precise objects or be an item that must fit within a certain
dimension and' function. Mr. Appicello cautioned establishing a standard for functional items could create
functional equivalent arguments. Another option would be the City having five bench designs businesses
could lease or purchase. Storefront property owners could move non-sfandard items into their alcoves or onto
their private property as long as it did not interfere with fire codes. A phase out period for benches that did not
meet the standard would go into the Resolution.
. Private Use of the Sidewalk Right of Way'
1. Sidewalk Dining
2. Sidewalk Sales
. Proposed Modifications
1. Limited only by Permitted Zoning Uses
2. Charged by Square Foot (min 50 sf)
The City receives approximately $3,000 a year from Restaurants leasing space for sidewalk dining. There is a
base fee, plus a cost per chair of$30 that decreases when the permit is renewed. The current charge for square
foot is $150-$200 depending on location. The Council discussed using a market rate to charge for sidewalk
space with the option business owners could rent sidewalk space on a monthly basis.
3. Interim Placement Standards for Publication Racks
CITY COUNCIL STUDY SESSION
May 4. 2009
Page 3 of 3
New standards for publication racks will include that racks are secure, require a permit and meet the current
placement standard of 18 inches from the curb with a 6-foot clear zone for pedestrian traffic. The ordinance
would make publication racks a City Function Item standard that would not interfere with the fiee press
restriction. It would also specifY news racks outside of the downtown area be placed in groups of four with a
200-foot separation. The resolution would adopt a map where in the downtown area groups of four can be
closer than 200 feet. Staff discussed with the Council the possibility of the City placing news racks to hold
local publications.
The Council requested maps showing 8-foot restrictions from the outside in and one indicating what is
currently established with area recommendations for benches, flower boxes, etc. and available space for
commercial use at market rates.
. Next Steps
. Council Input
. Ordinance Amendments AMC 13.02 Standards & Forms for Right of Way Rcgulation and
AMC 13.03 Uniform Sidewalk Regulations & Repealing of AMC 6.44
. Draft Resolutions
I. Update PW Standards to include functional items
2. Application and Permit form template
3. Uniform Sidewalk Regulations Fee Schedule
Meeting was adjourned at 7:25 p.m.
Respectfully submitted,
Dana Smith
Assistant to the City Recorder
ASHLAND CITY COUNCIL MEETING
May 5. 2009
Page I of6
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
May 5, 2009
Council Chambers
11 75 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p:m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Jackson, Silbiger and Chapman were present. Councilor Lemhouse was absent.
Mayor Stromberg commented on his participation in the deployment ceremony for the Oregon National Guard
that occurred in Central Point. He shared his experience and the importance of supporting those that were
serving and hoped to strengthen the community's connection and mindfulness.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Stromberg noted vacancies on the Public Arts Commission, Planning Commission and Tree
Commission.
Mayor Stromberg announced that agenda items number 3 and 4 under the Ordinances, Resolutions and
Contracts section would be heard before items number I and 2.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session meeting of April 20, 2009, Executive Session of April 20, 2009 and Regular
Council meeting of April 21, 2009 were approved as presented.
SPECIAL PRESENT A TIONS & A WARDS
Jenna Stanke from Jackson County's Bicycle Committee provided a presentation on "Bike to Work Week /
Ride with the Leaders Events" the week of May 11,2009. The event will begin and end in Alba Park. She also
noted the "Bike to Work" fair event planned in Alba Park. Councilor Chapman added that anyone interested in
participating could join others on this day at the Ashland Dog Park and bike to Alba Park. The "Bike Swap"
on Saturday May 9, 2009 was also mentioned.
Proclamations of May 11-16 as "Police Week," May 15 as "Peace Officer's Memorial Day" and May 10-16 as
"'National Historic Preservation Week" were read aloud..
CONSENT AGENDA
1. Does the Council accept the Minutes of Boards, Commissions, and Committees?
2. Does the Council wish to approve a Liquor License Application from Waylon Zabriskie dba Lela's
Cafe at 258 A Street?
3. Does the Council wish to approve a Liquor License Application from Denise Daehler dba Liquid
Assets Wine Bar at 96 N Main Street #201?
4. Will the Council, acting as the Local Contract Review Board, approve the existing Change Orders
and any other mandatory/necessary change orders not to exceed a total amount of$1 0,000 for the
Reeder Gulch Hydro-Generator Maintenance?
5. Will the Council, acting as the Local Contracts Review Board, approve the Change order for $8,760
and the additional expenses amounting to $1,030 to complete the carport installation?
6. Should the Council accept the quarterly report as presented?
Councilor Chapman/Jackson m/s to, approve Consent Agenda items. Voice Vote: all A YES. Motion
passed.
ASHLAND CITY COUNCIL MEETING
May 5. 2009
Page 2 of6
PUBLIC HEARINGS
I. Will the Council authorize the increase of fees for the Ashland Community Center, Pioneer Hall,
and The Grove facilities to recover 75%, of operational and maintenance expenses?
Recreation Superintendent Rachel Dials presented the staff report recommending the fee increases for the use
of the Ashland Community Center, Pioneer Hall and The Grove.
Public Hearing Open: 7:18 p.m.
Public Hearing Closed: 7:19 p.m.
Councilor Chapman/Silbiger m/s to approve the recommendations for fee increases proposed by the
Ashland Parks and Recreation Commission. DISCUSSION: Councilor Navickas voiced his
disappointment in the proposed increase stating the City had a responsibility to subsidize programs to a certain
extent and expressed concern regarding budget cuts associated with the Parks Department. Roll Call Vote:
Councilor Navickas, Silbiger, Voisin, Chapman and Jackson, YES. Motion passed.
PUBLIC FORUM - None
UNFINISHED BUSINESS
I. Does the Council wish to continue the current contract with RVTD to reduce transit fares in
Ashland by 75%, or does the Council wish to change the contract to simultaneously restore Route 5
service and reduce the subsidy within Ashland to 50% ?
Public Works Director Mike Faught presented the staff report and introduced Page Townsend, the District
Planner for the Rogue Valley Transportation District (RVTD). He noted the following: the current transit
subsidy program and costs to the City, a graph indicating annual ridership, and a map of Route 10 and the
proposed Route 5. Mr. Faught presented additional information requested by the Council. This included the
following: the cost and budget required running Route 5 13 hours a day with no fare subsidy and RVTD
studies on "Frequency, Convenience and Cost" that RVTD did not have because the premise is based on
national studies instead oflocal. Ms. Townsend eXplained that based on the national trend the City of Ashland
saw no increase in ridership and the intent is to increase ridership by increasing services.
Mr. Faught further explained the studies determined transit ridership responded more to service improvements
versus fare reductions. It was pointed out that Ashland was different from other Cities in that regard and
required something unique to increase ridership. Mr. Faught commented on the difference between
"dependent riders" and "choice riders" and agreed that Ashland had responded differently from other Cities
because of the increase in service when the fare was free.
Mr. Faught continued with options for a pass or an alternative Fare Box Program for lower income riders and
presented examples that included High School fixed-route, Senior fixed-route, Senior Valley Lift, Fixed Base,
and Valley Lift. Further clarification was made on how these passes wouid work and suggestions and ideas
were brought forward. The Council discussed the use of Oregon Trail Cards as fare reduction passes. Ms.
Townsend stated that RVTD was not prepared to accept Oregon Trail cards as a pass at this time. City
Administrator Martha Bennett added that staffhad followed up on the suggestion to use the Oregon Trail Card
and explained how this may work for qualification purposes when distributing passes. Concern was expressed
on meeting the needs of lower income individuals who do not have an Oregon Trail Card. Mr. Faught
eXplained there was a plan to develop a program to incorporate the methodology for additional free rides. Mr.
Faught commented that Oregon Health Plan Plus clients could use Valley Lift services free for non-medical
trips within the R VTD service area.
The presentation continued by noting the cost effectiveness of having free bus service for Route 10 and the
approval of the State Business Energy Tax Credits (BETC). The summary included the proposed options and
net cost estimates. Staff recommended proposal #3 that reinstated Route 5 10 hours per day, reduced the
subsidy within Ashland to 50%, and allocated $260,000 to transportation services in the FY20 10 budget.
ASHLAND CITY COUNCIL MEETING
May 5. 2009
Page 3 of6
Ms. Townsend clarified that the City does not subsidize fares to Medford and Route 10 currently operates 13
hours a day.
Mr. Faught explained the RVTD contract expires June 30, 2009 and if the Council chooses the option to
reinstate Route 5, RVTD would initiate the Route September 2009 and ask for an extension ofihe current
program until then.
Ms. Townsend further explained Route 10 as a "trunk line" that runs from 5:00 a.m. until 6:30 p.m. with the
last bus leaving Ashland approximately 7:15 p.m. The proposed loop would start at 7:30 a.m. and end at 5:30
p.m. The I O-year plan will expand service hours from 4:00 a.m. to 10:00 p.m. through out the entire valley.
Councilor Navickas/Silbiger mls to approve staff recommended option which includes restoring Route 5
for 10 hours per day; provide'a free bus pass allocation up to $10,000 for Oregon Trail Card holders;
, and direct staff to apply for BETC's. DISCUSSION: Councilor Jackson was in favor of reinstating Route 5
and supported the concept of transit but was not sure the City could afford it at this time. Ms. Bennett
explained the two-year contact had a non-appropriation clause that would allow the City to revisit the contract
in a year ifthere were budgetary concerns. Counciior Navickas encouraged the Council to support the motion
and continue the commitment to public transportation and becoming a ':green" City. Councilor Voisin
. supported the motion and understood it was limited because of the budget. 'Councilor Silbiger understood the
current budget constraints and how the RVTD option would help put the subsidy level where it should be.
Councilor Chapman was distressed at the level of transit service but acknowledged this was the best option at
this time. Councilor Jackson did not feel the system supported transit; Ashland did not have the population
density and lacked bus service in the evenings. As a member of the Budget Committee, she could not consider
this a high priority when there were proposed cuts to Public Safety positions. There was a need to make hard
decisions and reserve current discretionary funding for high priority issues.
Roll Call Vote: Councilor Voisin, Silbiger, Navickas, Chapman, YES; Councilor Jackson, NO. Motion
passed 4-1.
2. Should the Council approve a Resolution supporting Senate Bill 29 - Instant Runoff Voting (lRV)
and direct staffto notify State Legislators of the City's support and urge a Yes vote on SB29 and on
its companion Bill in the House upon its submission?
"-
Pam Vavra/457 C StreetINoted the previous support of the Council and clarified the procedure for tabulating
Instant Runoff Voting. There are municipalities that have traditional runoffs who pay for the separate runoff
election and this bill would provide a cost savings to those areas. The only opposition to the bill had been with
the County Clerks and their concern was the language was not sufficiently clear on who would pay the initial
costs. The issues were resolved and the jurisdiction that asks for this option will pay for use of the machine or
, they can count by hand.
Councilor NavickasN oisin mls to approve Resolution #2009-13. DISCUSSION: Councilor Navickas felt
the relevant issue was not allowing the State to pre-empt a Cities authority to decide whether they want Instant
Runoff Voting. Councilor Silbiger added the bill would enable legislation for something already in the Oregon
Constitution. Roll Call Vote: Councilor Silbiger, Chapman, Jackson, Voisin and Navickas, YES. Motion
passed.
NEW AND MISCELLANEOUS BUSINESS
1. Will Council make an appointment of a Budget Committee member as liaison to the Audit
Committee for a term to expire April 30, 2010?
, Councilor Jackson/Silbiger m/s to appoint Dee Anne Everson as Budget Committee member liaison to
the Audit Commiftee for a term to expire April 30, 2010. Roll Call Vote: Councilor Voisin, Jackson,
Silbiger, Chapman and Navickas, YES. Motion passed.
ASHLAND CITY COUNCIL MEETING
May 5. 2009
Page 4 of6
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the
, Ashland Land Use Ordinance, Site Design and Use Standards (Section 18.72.030) Concerning
Public Art on Historic Structures" and move the ordinance on to second reading?
City Attorney Richard Appicello read the title in full.
Mayor Stromberg noted the Public Hearing had taken place prior and closed the public record.
Community Development Director Bill Molnar presented the staff report. He attended the Public Arts
Commission meeting where a discussion on how the process would work and what types of items would be
reviewed took place. There were concerns that Planning or Historic Commission members might get involved
in the content of the art. One of the most pertinent standards for the Planning Commission in maintaining the
integrity of a historic structure was placement, location and size of the art piece with respect to the visual
characteristics of the building. Mr. Molnar eXplained applications would be based on administrative approval
and not subject to a Public Hearing unless appealed. The administrative process consisted ofa pre-application,
sending out a notice of application to property owners within 200 feet of the proposed site with a 14-day
comment period then scheduling it before the Historic Commission for their recommendations.
City Administrator Martha Bennett explained Historic Commission members could participate on the jury
, panel for art selection and how the Land Use Action was not the place to deal with content. The Council also
had final approval on all art installations.
Councilor Voisin/Jackson m/s to approve first reading of ordinance amendments to the Site Design
Review Chapter ofthe Ashland Municipal Code (18.72.030) relating to the installation of Public Art on
buildings listed as contributing historic resources within a Historic District and schedule second reading
of the Ordinance. DISCUSSION: Councilor Navickas understood the concerns raised and thought the
Historic Commission would set up parameters where art would conform to the rhythm of a building.
Roll Call Vote: Councilor Chapman, Silbiger, Navickas, Jackson and Voisin, YES. Motion passed.
2. Should the Council conduct and approve tbe Second Reading of an ordinance titled, "Ordinance
Amending AMC 2.28.045, Relating to Delegations of Authority to the City Administrator,
Providing for Authority to Enter into Montb to Month Leases of Real Property, Authority to
Administratively Waive Food and Beverage and Transient Occupancy Tax Penalties, Amending
AMC 4.24.070 and Amending AMC 4.34.060"?
City Attorney Richard Appicello read the title in full with changes to remove the proposed delegation to'
extinguish interest in real property less than fee title; a change in title, striking three Whereas clauses,
paragraph C and re-Iettering the remainder of text in sections C through E and two changes to the cross
references.
Councilor JacksonNoisin mls to approve Ordinance #2983. Roll Call Vote: Councilor Navickas,
Jackson, Silbiger, Voisin and Chapman, YES. Motion passed.
3. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending AMC
Chapter 13 to Establish Standard Forms for Right-of-Way Regulation and Providing for Donation
, or Loan of Functional Items" and move the ordinance on the second reading?
Project Manager Adam Hanks provided a presentation on Sidewalk Rights of Way that included: Background
from the Downtown Task Force, current issues with news racks, encroachment permit process, private and
commercial use of the right-of-way, existing codes associated with sidewalks, Ashland Municipal Code
13.02.040, purposes of sidewalk right-of-way and multiple use of sidewalks. As well as potential conflicts and
competing interests, maintaining functionality and use of sidewalks. Mr. Hanks clarified the six-foot clear
zone criteria would establish what is allowed in the right-of-way. He added the Public Works GIS Department
had inventoried all the items that currently exist on the downtown sidewalk area.
ASHLAND CITY COUNCIL MEETING
May 5, 2009
Page 5 of6
The presentation continued by noting existing City Standard Functional Items such as publication racks,
proposed City Standard Items, placement categories, proposed regulations for functional items, private use of
sidewalk right-of-way for sidewalk dining and sidewalk sales and proposed modifications.
City Attorney Richard Appicello clarified the municipal code requires a sponsor to provide insurance for an
approved sidewalk sale.
Mr. Hanks completed the presentation by providing information on the proposed fee schedule that connects to
square footage use and the annual permit fee. Staff was seeking input from the public and the Council that
included approval of the proposed ordinances and resolutions. Staff would report to the Council on the
following: Fee Resolution, bench variation, downto;wn map, issue regarding news racks, commercial use
minimums, length oflease and delayed effective date on usage (implementation strategy).
A suggestion was made to look at the Americans with Disabilities Act (ADA) 4-foot allowance; the 6-foot and
8-foot allowance and possibly set up varying standards for different streets. The Council discussed
establishing more kiosks, adding language that distinguished restaurant uses from other type of uses, providing
ambience with sufficient right of way and enforcement. Further clarification was requested regarding donated
or loaned items on "non-adjacent public areas," commercial use, possible use of concessions by current
business owners, tighter definitions and sole right of commercialization in the public space.
Councilor Voisin/Chapman m1s to postpone consideration on ordinances until June 16. DISCUSSION:
Staff would provide requested information to the Council prior to the June meeting. 'Roll Call Vote:
Councilor Chapman, Navickas, Voisin, Silbiger and Jackson, YES. Motion passed.
4. Should the Council approve first reading of an ordinance titled, "An Ordinance Amending the
AMC Chapter 13 adding Uniform Sidewalk Regulations and Repealing AMC 6.44" and move the
ordinance on to second reading?
Item postponed until June 16,2009.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
Councilor Navickas provided a report on the National Historic Preservation Week activities that included a
Cemetery Walking Tour, archeological features and artifacts on display in the Community Development
Building, a Historic Siskiyou Boulevard Walking Tour, the Ashland Memorial Mausoleum Self-Guided Tour
of the Egyptian Revival Mausoleum, Historic Preservation Awards Ceremony and the Historic Open House
tour of historic registry homes.
Councilor Jackson provided a report on the Green Cities Conference she attended that is included in the
meeting packet for reference. She explained the three legs of Sustainability as Equity, Economy and the
Environment and how Portland has put emphasis on creating green jobs and local food production to support
the restaurant community and tourist sector. She attended sessions on the coordination of land use and
transportation. A panelist discussed the benefits of preserving historic buildings noting high ceilings and
windows allowed for light and air circulation and retrofitting those buildings made sense. Parks gained more
importance for providing community space for higher density populations:
Councilor Jackson also provided a report on the Regional Problem Solving (RPS) committee and that the
County is preparing to schedule the public hearing on the Participant's Agreement. Other agenda items
included:
. House Bill (HB) 2229 update
. Possible Policy Committee meeting with technical staff and chairs from each Planning Commission
and the County Planning Commission to discuss the adoption process in Public Hearings
ASHLAND CITY COUNCIL MEETING
May 5. 2009
Page 60J6
. City of Jacksonville's decision not to sign the RPS Participants agreement, and subsequent resolution
formally withdrawing the from the RPS project
. Tentative RPS meeting in June
SUMMARY OF MEETING
City Administrator Martha Bennett provided a brief summary of the meeting.
ADJOURNMENT
Meeting was adjourned at 10:09 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY Or
ASHLAND
Council Communication
Meeting Date:
, Department:
Secondary Dept.:
Approval:
Approval of Ashland Forest Lands Restoration Project Phase III:
The Winburn Parcel
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
May 19, 2009
Ashland Fire & Rescue
None
Martha Benne
Larry Langston,
langstonl@ashland.or.us
Chris Chambers
15 minutes
Question:
Does the Council have comments on the Ashland Forest Lands Restoration Project Phase 111 for the
City's Winburn Parcel?
Staff Recommendation:
Staffrecommends Council accept the plan as written and make suggestions to the Forest Lands
Commission and staff as to what types of projects Council would like to see brought forward iri the
future for Council approval.
Background
The Winburn parcel is 160 acres, surrounded by Forest Service land, and at the confluence of West
Fork Ashland Creek and Weasel Creek. The parcel has a wide variety of forest stand characteristics,
from mature forest and small patches or individual trees with old growth characteristics, to dry forest
ecosystems suited to pine, to riparian areas with year round creeks. It is also the location of the
historic Jesse Winburn camp. (The visual aid of a map will be provided at the City Council meeting.)
Over the past several years, through many meetings and deliberations, the Ashland Forest Lands
Commission has developed a management plan for the parcel. Goals of the Winburn Plan include the
c following:
. Employ ecologically responsible stewardship principles and an open and transparent
community decision-making process.
. Promote forest health through reducing stand densities. (This could include a helicopter
thinning project, but no trees will be removed for the purpose of adding value to a timber sale)
. Maintain structures, features, and processes critical to the functioning of late sera] forests, such
as tree densities and biodiversity appropriate to the forest type, large snags, down logs, multi-
layer canopy, soil structure, and nutrient cycling.
. Reduce significantly the likelihood of a large scale, high intensity wildfire through activities
that will ultimately restore a disturbance regime more closely emulating the historic range of
natural disturbances, including reintroduction of natural and/or prescribed fire. This goal will
not be accomplished with a single management action and may take years or decades to
complete.
. Protect and improve aquatic and riparian transition zone habitat.
. Increase stability and productivity of surface soils by increasing effective ground cover,
in'cluding coarse woody material, mosses, native grasses, and low shrubs.
. Maintain and protect wildlife by preservation of key habitat characteristics and retention of
structural diversity across the landscape.
Page I 012
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CITY OF
ASHLAND
This project is designed in accordance with the guidelines set forth in the Ashland Forest Plan (1992)
and is consistent with the earlier Phase I and Phase II of Ashland forestlands restoration treatments,
and with the upcoming Ashland Forest Resiliency (AFR) project on adjacent US Forest Service lands
projects all previously approved by City Council. It builds on non-commercial thinning and fuel
reduction treatments already completed on portions of the Winburn parcel.
Related City Policies:
Ashland Forest Plan, 1992.
City Forest Lands Restoration Proicct: Phase Two, 2001.
Ashland Forest Resiliency Project: Ashland Communi tv Wildfire Protcction Plan 2004 and Comments
Submitted to the U.S. Forest Service on the Ashland Forest Resiliency Final Environmental hnnact
Statement. 2008.
Council Options:
The Forest Lands Commission made a motion on May 12,2009 recommending the Council hear this
presentation as informational only with the knowledge that major projects coming forth as a result of
this plan will be brought before Council for approval before being implemented. After hearing the
presentation the Council may want to clarify what types of projects are brought forward'in the future
for approval.
,
Potential Motions: .
A motion is not recommended by the Forest Lands Commission or staff at this time.
Due to the technical nature and length of this document, if Council wants to explore this plan further,
staffrecommends scheduling this topic for a study session.
Attachments:
Draft of Ashland Forest Lands Restoration Proiect Phase III for the Winburn Parcel Please note: a
hard-copy is available at Fire Station No. I. or can be found on the city's website (link above.)
Page 2 of2
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CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
APRIL 14, 2009
CALL TO ORDER
Chair Michael Dawkins called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present:
Michael Dawkins, Chair
Larry Blake
Tom Dimitre
Dave Dollerrer
Pam Marsh
Melanie Mindlin
Mike Morris
Staff Present:
Bill Molnar, Community Development Director
Maria Harris, Planning Manager
Derek Severson, Associate Planner
Richard Appicello, City Allorney
April Lucas, Administrative Assistant
Absent Members:
Debbie Miller
Council Liaison:
Eric Navickas
ANNOUNCEMENTS
Community Development Director Bill Molnar noted the vacancy on the Planning Commission and encouraged interested
candidates to submit an application to the City Recorder's Office,
CONSENT AGENDA
A. Approval of Minutes
1. March 10, 2009 Planning Commission Meeting
2. March 31, 2009 Planning Commission Meeting
Commissioners Marsh/Dimitre m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed.
PUBLIC FORUM
No one came forward to speak.
PUBLIC HEARINGS
A. PLANNING ACTION: 2009.00314
SUBJECT PROPERTY: 500 Strawberry Lane
APPLICANT: Robert & Laura McLellan
DESCRIPTION: A request for Final Plan approval for a size-lot, five-unit Performance Standards Subdivision for
the property located at 500 Strawberry Lane. The application also includes a request to modify the phasing and
conditions of approval of Planning Action #2008.00182 which granted Outline Plan approval, a Physical and
Environmental Constraints Review Permit, Tree Removal Permits,'and an Exception to Street Standards.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5-P; ASSESSOR'S MAP: #391E 08AC;
TAX LOT: #201.
Ex Parte Contact
Commissioners Blake and Dotterrer declared site visits; no ex parte contact was reported by any of the commissioners.
Ashland Planning Comm;ssio!1
Apri/14, 2009
Page 1 of 4
Staff Report
Associate Planner Derek Severson presented the staff report, He explained the application before the Commission is for Final
Plan approval of a six-lot, five-unit subdivision at 500 Strawberry Lane, He noted typically Final Plan approval does not come
before the Commission, however in this case the Applicant's have requested modifications to the conditions imposed by the
Commission when Outline Plan was approved.
Mr. Severson provided an overview of the application. He stated the property is located at the intersection of Strawberry Lane
and Hill Road, it is 4.62 acres in size, and contains an existing house. With the proposed development, the Applicant's were
approved to create six lots, five of which would contain homes and the sixth would be preserved as open space. Mr. Severson
noted that during the public hearing a number of neighbors expressed concems with the additional driveways and the impact
this would have on the parking demand in the neighborhood (largely caused by hikers using trails in the vicinity). In order to
mitigate this, conditions were applied at Outline Plan approval requiring the Applicant's to provide three parking spaces for
each of the lots that contain homes, and to provide on-street parking in two separate parking bays (two spaces each).
Mr. Severson reviewed the modifications requested by the Applicant for Final Plan approval. He stated staff has no specific
concems with phasing the development into two stages or relocating the placement of the parking bays; however, they do
have concems with the following changes requested by the Applicant's: 1) delaying the installation of the required sidewalk
improvements, 2) reducing the number of parking spaces on Lot 1 from three to two, and 3) delaying the installation of the
parking bays until the second phase of the development. Mr. Severson explained staffs recommendations are to have the
sidewalks installed during Phase 1, for the third parking space on Lot 1 to be retained, and for at least one of the parking bays
to be installed during Phase 1,' .
Applicant's Presentation
Mark Knox/485 W Nevada StJApplicant's Representative, Robert McLellan/500 Strawberry lane/Applicant, and Mark
Kamarath/Project Engineer addressed the Commission. Mr, Knox stated a significant amount of effort has been put into this
proposal and explained the modifications have been requested due to the recent changes in the economy and to address the
neighbor's concerns regarding viewscapes. He stated even'though they did ask for deferral of the improvements to Phase 2,
the conditions proposed by staff are acceptable to the Applicants, except they would like some consideration for the
improvements along the flag driveway (or Lot 3. He explained that driveway serves the existing house and this will not change
until Phase 2 when that driveway is severed. He added they are just asking to defer this improvement until the actual impact is
there. Mr. Knox commented on the third parking space on Lot 1 and explained the adjacent neighbor, Ms. Dimino, felt strongly
that this space should not be added, however this was not part of their agreement. He also commented on the parking bays
along Hill Road and stated this was an unexpected condition added to the application and stated the Applicant allempted to
mitigate this by adding a third parking space on the lots, He added the Applicant is not going to argue this condition, but
clarified this was an additional cost that they did not expect.
Mr. Knox clarified when Lot 3 is created, the driveway will be in the same location as it is now.
Public Testimonv
Scott Dixon/838 Blackberry LaneNoiced his support for the proposed placement of the parking bays at the bollom of Hill
Road and requested the fuels reduction for Lot 6 be included in Phase 1,
,
lou Dimino/423 Strawberry lane/Stated Lot 1 is a flag drive, but not a flag lot and therefore the additional requirement for
parking does not apply. Mr. Dimino stated the parking concerns raised at the public hearing were primarily focused on Hill
Road. He stated there are no parking issues on Strawberry Lane and the third parking space for Lot 1 should be eliminated.
Mr. Dimino disagreed with staffs argument for the need of the extra space and requested the application be approved with the
request to remove the third parking space from Lot 1. He also requested the original placement of the parking bays be
retained. '
Rebuttal bv the Applicant .
Mark Knox/Commented on the relocation of the parking bays. He stated the discussion on parking bays happened after the
public hearing was closed and the Applicant was not given the opportunity to respond. Mr, Knox explained the Applicant's
engineering efforts since the hearing have shown the original placement of the bays is problematic, He stated the Planning
J
Ashland Planning Commission
Apri/14, 2009
Page 2 of 4
Commission wanted to provide additional public parking along the street and they feel they are still providing the intent of what
the Commission wanted by installing fouradditional parking spaces along Hill Road. Mr. Knox stated the only real change
they are asking for is the deferral of the sidewalk improvement along Lot 3.
Mr. Knox clarified most of the fuel reductions have already been done. He stated Mr. Dixon referred to the entire lot, however
this is not a requirement of the City and is not part of the fuels reduction plan they submitted. He stated the fuel reductions
proposed in the plan are close to being completed,
Advice from LeQal Counsel and Staff
Mr. Severson explained the definition of driveways touches on the requirement for the third parking space. He read the
definition aloud and stated rather than the parking space requirement be determined at the building penrit stage, the
Applicant offered this condition and the Commission approved. Mr. Molnar added if a driveway exceeds 50 feet, the third
parking space is not discretionary and is a requirement.
Regarding the fuels reduction, Fire Marshal Marguerille Hickman indicated she would verify the Applicant's fire prevention and
control plan had been reviewed by the Fire Department, and noted Condition 9a addresses this issue and requires the fire
prevention and control plan to be implemented prior to the issuance of a certificate of occupancy.
Mr, Severson displayed photos from the 'presentation that displayed the sidewalk pallern in the area.
Mr. Molnar stated the street width of Strawberry Lane is 22 feet, and noted the standard that allows the City to prohibit on-
street parking in hillside areas in order to provide a 20 ft wide emergency vehicle access. He stated at this time there is no
signage that restricts parking on either side of the street, but if parking became a persistent issue that created a problem for
emergency vehicles, the Fire Department could restrict the on-street parking,
Commissioner Dawkins closed the public hearing at 7:55 p,m.
Deliberations & Decision
Dawkins noted the three main issues and, asked the Commission to share their opinions. Regarding the timing of the sidewalk
improvements, support was voiced for deferring this to Phase 2, Varying opinions were shared regarding the third parking
space on Lot 1, Commissioners Dimitre and Morris agreed with staffs recommendation for the three parking spaces.
Commissioner Dotterrer suggested the Applicant comply with the third space requirement if the driveway is over 50 feet, and
Blake voiced his support for this suggestion. Marsh agreed with keeping three parking spaces on Lot 1 and stated there is no
criteria for dropping the previous requirement. In regards to the installation of parking bays, Dimitre voiced his preference for
these to be done in Phase 1. Morris was fine with deferring these to Phase 2. Marsh stated staffs recommendation, which is
for the Applicant to install one now and one later, is a good compromise and voiced her support. Dollerrer and Blake agreed.
Commissioner DotterrerfMarsh mfs to approve PA 2009-00314 with staff's recommendations, with the exception to
defer the sidewalk improvements in front of Lot 3 to Phase 2. DISCUSSION: It was clarified this motion would require the
Applicant to install one of the parking bays during Phase I and includes the three parking spaces for Lot 1. Roll Call Vote:
Commissioners Blake, Dawkins, Dotterrer, Marsh and Morris, YES. Commissioner Dimitre, NO. Motion passed 5-1.
OTHER BUSINESS
A. Update on Timeline for Croman Mill Site Redevelopment Plan Phase II: Implementation Package
Planning Manager Maria Harris submitted the Phase II Timeline to the Commission and provided an explanation of the
spreadsheet. She stated they are looking at a 10-month process to refine the draft plan into what the community is looking for
and then take it through the public hearing process. She noted staff has already started looking at review of the land use
framework and clarified the Joint Study Sessions listed in the timeline will be with the City Council
Commissioner Marsh commented on the public component and noted there is no public participation scheduled until October
when the whole package is together. Mr. Molnar stated the Commission does have some discretion as to how the Study
Sessions are designed, Suggestion was made for the Commission to take 15-20 minutes of public testimony at each Study
Session and for the public to be apart of this process well before it gets to implementation.
Ashland Plannillg Commission
April 14. 2009
Page 3 or 4
Mr, Molnar noted the next Study Session on April 28, 2009 will be a site visit to the Croman Mills property and will likely start
earlier than the normal 7:00 pm meeting time.
ADJOURNMENT
Meeting adjoumed at 8:25 p.m.
,/
Respectfully submitted,
April Lucas, Administrative Assistant
/
,
\
l
Ashland Planning Commission
April 14, 2009
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Sweatshop Free Procurement Policy
May 19, 2009 Primary Staff Contact:
Administrative Services E-Mail:
None Secondary Contact:
Martha Benne Estimated Time:
Lee Tuneberg
tuneberl@ashland.or.us
None
Consent
Question:
Does the Council accept the Sweatshop Free Procurement Policy as presented?
Staff Recommendation:
Staff recommends Council accept the Sweatshop Free Procurement Policy as presented.
Background:
City Council approved Resolution 2008-45 on December 16,2008, and asked staff to bring back a
policy that promotes purchasing uniforms and articles of clothing prod~ced in a sweat free
environment.
Attached is an administrative policy that addresses the goals of the resolution. This policy, and its
eventual incorporation into the City's code and purchasing rules, provides direction to staff on
promoting sweat free work environments world-wide by rejecting products that are proved or
suspected to be the product of unacceptable work conditions.
By favoring vendors who will certify the source of their clothing products, discounting those items
whose origin is not determinable and rejecting all items known or suspected to be a sweatshop product
the City can use its budget dollars to support the international effort.
Additionally, by documenting the information garnered during a purchasing process the City can aid
other agencies in their selection process. Since the policy allows the City to "piggy back" on other
Oregon agencies who have met the goal through their own competitive process, the City can minimize
the impact on the budget of the potentially longer or !pore complex process and/or possibly rejecting
the lowest bidder.
Because of restricted budget resources, staff cannot propose paying money to other agencies,
coalitions, consortiums or associations for monitoring or enforcement.
Related City Policies:
City of Ashland Municipal Code
City of Ashland Purchasing rules
Page I of2
~~,
CITY OF
ASHLAND
Council Options:
Council may accept this policy as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
This report is on the Consent Agenda and can be approved with other items. If removed from the
Consent Agenda for separate discussion one of the following motions may be employed:
A. Council moves to accept the policy as presented.
B. Council moves to accept the policy as modified by discussion.
C. Council takes no action pending further information or clarification.
Attachments:
Administrative Policy # Sweatshop Free Procurement - draft
Resolution 2008-45 Sweatshop Free Procurement Policy
Page 2 of2
r~'
CITY OF
,ASHLAND
ADMINISTRATIVE POLICY
LAST MODiFICATION: May 19, 2009
R:QIi.cYI~
ORIGINATING DEPARTMENT: Administrative Services Department
SUBJECT: Sweatshop Free Procurement per Resolution 2008-45
PURPOSE: To ensure the integrity of the City's purchasing program in regards to purchases
of uniforms and clothing by not acquiring such items that are proved to be the product of
sweatshop labor and to support joint efforts for Sweat Free Procurement with peer agencies
where financially feasible.
STATEMENT OF POLICY: The City will use its purchasing procedures and spending
authority to promote the improvement of working conditions in the world by avoiding the
acquisition of uniform and clothing items that cannot be certified as being the product of a
"sweat free" environment (not the product of sweatshop labor as defined in Resolution 2008-
45).
In order to do this; the City, through the Purchasing Agent, department heads and others
authorized to directly purchase or approve the purchase of clothing and uniforms will:
1. Ask for a signed certification from all potential bidders or suppliers of subject items that
the proposed products can be proved to be from a sweat free environment. The
supplier may be asked to show the origin (country and site) of the garment or significant
portions of the product for verification of employee work conditions if supply source
becomes suspect.
2. Reject any vendor and/or the product proposed if evidence is found that the product (or
material portions of the product) was manufactured in a sweat shop environment.
3. Give preference to any vendor and product that meets the required minimum standards
of the purchase if certification is readily provided that proves location of manufacture
and there is a belief that it is a product of a sweat free environment. '
4. Document information provided to support the selection of the vendor and product
purchased.
City agents may take advantage of procurement processes or research by other government
agencies in Oregon that confirm the product is from a sweat free environment and, where
feasible and allowable, purchase such products that meet the City's need directly from that
supplier.
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
WNW.3shland.or.us
Tel: 541-488-6002
Fax: 541-488,5311
TTY: 800,735-2900
EJ
ADMINSTRATIVE POLICY ~~~
2
City will allow other government agencies to take advantage of its research and purchasing
decisions to support their efforts to implement sweat'free procurement.'
~"(JBitio.ifaI18ile.v.iiiitllnforma.'tion
"'....<
"
L'-: ;
. Support to local, state or national consortiums working toward sweat free procurement
is dependant upon available funds and approval through the annual budget process.
. This policy pertains to uniforms and articles of clothing purchased directly by the City for
its employee use or distribution to the public. Reimbursement by the City to individuals
for small purchases is exempt.
Approved:
Date:
Martha Bennett, City Administrator
Reviewed as to form:
Date:
Richard Appice/lo, City Attorney
ADMINISTRATION
20 E Main Street
Ashland, Oregon 97520
WNW.ashland.or.us
Tel: 541-488-6002
Fax: 541-488,5311
nY: 800,735,2900
~..
.,-~
RESOLUTION NO. 2008- ~
A RESOLUTION FOR A SWEATSHOP FREE PROCUREMENT POLICY
Recitals:
A. The City spends approximately, $85,000 annually in pubiic funds on unifomns and
clothing,
B. Some vendors of unifomns and clothing obtain clothing through their supply chain from
contractors that utilize sweatshop labor.
C. "Sweatshop Labor" means serious and repeated violations of laws of the jurisdiction
where the work is performed or violations of core labor rights as defined by the International
Labor Organization pertaining to non-poverty wages; emplbyee benefits; health and safety.
including exposure to hazardous toxic substances; labor, including collective bargaining
rights; environmental conditions; nondiscrimination, harassment or retaliation, including laws
prohibiting workplace and employment discrimination; freedom of association, and building
and fire codes. In addttion, it includes work perfomned by any person under a contract or
subcontract that constitutes foreign convict or forced labor or abusive forms of child labor or
slave labor.
D. Contractors who engage in such serious and repeated violations are not "responsible"
contractors as defined by ORS 279C.375(3) because such contractors do not have a
satisfactory record of perfomnance or a satisfactory record of integrity.
E. The City does not wish to purchase goods and services that depend on sweatshop
conditions that deprive people of their legal rights and dignity.
F. The City Council wishes to ensure that the firms it contracts with to provide unifomns
and clothing act with integrity and follow applicable local laws of the country of production and
International Labor Organization standards, and that other subcontractors in the unifomn and
clothing supply chain also act with integrity and follow the local labor laws and International
Labor Organization standards (hereafter referenced as "Sweat Free Procurement")..
G. The City Council wishes to ensure the integrity of its procurement process by not using
contractors or subcontractors who engage in Sweatshop Labor practices. Such practices
place responsible contractors at a competitive disadvantage and dissuade them from doing
business with the City.
H. By adopting this resolution, the City Council does not preclude the City or its
contractors or subcontractors from doing business with any foreign country.
I. Sweat Free procurement is a form of ethical purchasing.
J. There, is a proposed State and Local Government Sweatfree Consortium that would
~ investigate and address working conditions of unifomn and clothing suppliers' factories
through worker outreach and education, independent monitoring of working conditions, and
Page 1 of 2
by leveraging buying power on behalf of government entities affiliated with the Consortium.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City Council wishes to create and implement a detailed Sweat Free
Uniform and Clothing Procurement Policy.
SECTION 2. City staff will develop a policy for City .Council approval within six months.
SECTION 3. The City supports the creation of the State and local Government Sweat Free
Consortium to collaborate with other public agencies to share information and cost of
independent monttoring of working conditions in supplier factories. The City Council intends
on becoming a member of this Consortium after it is created.
SECTION 6. This resolution was duly PASSED and ADOPTED this 16th day of December,
2008, nd takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this L day of lk~ , 2008.
,
n W. Morri on, Mayor
Page 2 of 2
CITY OF
ASHLAND
Cou'ncil Communication
Declaration and Authorization to Dispose of Surplus Property
Vehicles and Equipment
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Meeting Date:
Department:
Secondary Dep\.:
Approval:
May 19,2009
Finance
Public Works
Martha Benn
Lee Tuneberg
tun eber l(aJash land. 0 r. us
Mike Monison
Consent Agenda
Question:
Will the City Council, acting as'the Local Contract Review Board, declare the items listed below as
surplus property and authorize a sealed bid auction to dispose of surplus property?
Staff Recommendation:
Staff recommends that the vehicles and equipment listed below be declared surplus property and a
sealed bid auction be authorized and conducted in accordance with AMC Section 2.50.127, Exhibit B,
to dispose of the surplus property.
Background:
Vehicle
#
16
40
249T
369
430
0511
479
Department
Public Works
Fire
Street
Engineering
Public Works
Police
Cemetery
2009 Sealed Bid Auction
Proposed Auction Item List
Model
Year
1995
1985
1994
1996
1999
2005
2003
Estimated Value
$2,500.00
2,000.00
, 2,800,00
3,300.00
3,500,00
'\ 3,200,00
1,800,00
$19,100.00
Model
Ford Bronco
Ford Econoline 350 XL
MMI4'X6' Trailer
Ford F-1504x4 LWB
Ford F150 4x4, Ex!. Cab,SWB
Ford CrownVic4Dr
Kubota Z021 F Mower
City - Total
Park
Park
Park
$9,500,00
2,500,00
1,500,00
$13,500.00
1991 'Volvo 10yrd dump truck
1997 Ford F-150 2WD P/U
Kawasaki Bayou 300
Parks. Total
Total Estimated Value
$32,600.00
'Other miscellaneous equipment does not have a value greater than $500 per item,
'As of 5/12/2009 only 5 miscellaneous items have been identified for potential sale,
Page I of5
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CITY OF
ASHLAND
Related City Policies:
AMC Section 2.50.127 EXHIBIT B
City of Ash/and
SURPLUS PROPERTY DISPOSAL
ADMINISTRA TlVE RULES & PROCEDURES
March 9, 2006
Under the Ash/and Municipal Code, Chapter 2.50 Public Contracts, Section
2.50.115, Disposal of Surplus and Abandoned Property, the City of Ashland Finance transfer to other
departments, direct transfer or sale to political subdivisions, state agencies, or non-profit
organizations, sale, trade, auction, or destruction; provided however, that disposal of surplus property
having residual value of more than $10,000 shall be subject to authorization by the City of Ashland,
Local Contract Review Board.
Definitions
The following definitions apply to these administrative rules:
(I) "Bid" means a competitive Offer to purchase advertised Surplus Proper(y at a price specified by
the bidder.
(2) "Cash': includes u.s. currency, cashier's checks, and money orders made payable to the City of
Ashland. -
(3) "Employee's Household" means all persons residing with employee.
(4) "Employee's Immediate Family" means the children, step-children, parents, stepparents,
grandparents and spouse of employee, separately or in any combination thereof
.(5) "Invitation to Bid" means a competitive Offer to bid on Surplus Property available for public sale
and is also known as a bid advertisement.
(6) "Not-for-profit organization" is defined in ORS 279A.250(2) and means a nonprofit corporation
as defined in ORS 307. 130.
(7) "Political Subdivision" includes divisions or units of Oregon local government having separate
autonomy such as Oregon counties, cities, municipalities or other public corporate entities having
local governing authority.
(8) "State agency" is defined in ORS 279A.250(4) and means every state officer,
board, commission, department, institution, branch or agency of state government
whose costs are paid wholly or in part from funds held in the State Treasury. and
includes the Legislative Assembly and the courts, including the officers and committees of both. and
the Secretary of State and the State Treasurer in the performance of the duties of their constitutional
offices.
(9) "Surplus Property" means all personal property. vehicles and titled equipment property
designated as surplus for sale to state agencies, political subdivisions of the State, and private not-for-
profit organizations or the general public or any combination thereof
Prior to offering Surplus Property for Public Sale
(I) Prior to offering surplus property for public sale, the Surplus Property may be made available by
direct transfer or direct sale to the following:
(a) Other City departments
(b) Political Subdivisions
Page 2 of5
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IF_ .,
CITY OF
ASHLAND
(c) State Agencies
(d) Any non-profit organization determined to be eligible by the Purchasing Agent.
(2) Surplus Property acquired by political subdivisions, state agencies, or qualified not-for-profit
organizations through direct sales or transfers must be used only in the conduct of their official public
programs.
(3) Surplus Property must not be acquired through warehouse floor sales or direct
transfer for any use or purpose other than conduct of their official public programs. and not for resale
or distribution unless otherwise pre-approved by the Purchasing Agent.
(4) Non-qualifYing private entities and private citizens, separately or combined. must, not be eligible to
acquire surplus property except at public sales.
(1) COli duct
(a) The Purchasing Agent or his/her designee must conduct public sales for the disposal of Surplus
Property.
(b) Methods of disposal may include, but not be limited to: oral auctions, sealed bid sales and fixed
price retail sales. separately or in any combination thereof
(2) COli duct of Auctiolls alld Sealed Bid Sales
(a) The Purchasing Agent or his/her designee must advertise the date, time and location of public
auction or sealed bid sales.
(b) A public Invitation to Bid must be available at the auction site of an auction or sealed bid sale.
(c) The public may inspect property offered for sale at the time and place specified in the public
Invitation to Bid;
(d) The Purchasing Agent reserves the right to reject any and all bids regarded as not in the best
interests of the City of Ashland;
(e) All items must be sold to the highest Bickler. All Surplus Property must be offered "As-Is, Where-Is"
with no warranty or other guarantee as to its condition or fitness for use. A purchaser or disappointed
Bidder does not have recourse against the City' of Ashland or any of their respective officers,
employees or agents.
(/) All sales must be final.
(3) Eligibility
(a) Members of the general public may participate as buyers at public sales.
(b) No employee whether full-time, part-time, temporary or unpaid volunteer. of the Department
and/or Purchasing, member of the employee's household. the employee's immediate family. or any
person acting on the employee's behalf may participate in public sales if the employee has had any role
in declaring the item surplus, processing the item or related paperwork, or offering it for sale.
(4) Paymellt
Full payment must be made within five (5) business days, unless otherwise specified in the public
Invitation to Bid. Payment must by made by cash, cashier's check or money order. The methods of
payment, time limit for making fit/I payment, and the place where payment must be made will be
specified in public Invitation to Bid.
(5) Failure to Comply
The Purchasing Agent or his/her designee may establish criteria to disqualifY participants from
surplus sales pursuant to this Rule. Such criteria may be based on:
Page 3 of 5
~~,
CITY OF
ASHLAND
(a) Conviction offraud;
(b) Inapprppriate conduct
(c) Failure to claim purchases; or
(d) Other documented activities determined by the Purchasing Agent or his/her
designee to warrant disqualification. Based upon these criteria. the Purchasing Agent or his/her
designee may disqualify participants from participation in other surplus sales.
(6) Claiming Items Purchased
(a) Items not paid infidl and claimed by the time specified in the Invitation to Bid will be offered to the
next highest bidder. '
(b) Property paid for, but not claimed within the time specified in the Invitation to Bid must be
considered abandoned and ownership must default back to the City of Ashland, unless prior approval
is obtained from the City of Ashland Purchasing Agent.
(c) Title t'o Property sold will be transferred to the purchaser when full and final payment
(d) Motor Vehicles Division trip permits must be required to drive unlicensed motor vehicles. The
purchaser will be responsible for obtaining a trip permit and to certifY that the driver of the vehicle
has a valid driver's license and is insured as required by Oregon law before a trip permit can be
issued.
(7) Disposal of Surplus Property, without requiring competitive bidding
(I) With the prior approval of the Purchasing Agent, the authorized designee may sell or transfer
surplus property to political subdivisions, state agencies, or non-profit organizations.
(a) Political subdivisions, state agencies, and or non-profit organizations may be given preference to
acquire surplus property.
(b) Property acquired shall be used for public purpose or benefit and not for resale to a private
purchaser.
(2) With the prior approval of the Purchasing Agent, the authorized designee may
transfer computers and related hardware that are surplus, obsolete or unused to a
common or union high school district or education service district.
(a) The authorized designee may not charge the school district a fee for the transfer.
(3) The Purchasing Agent or his/her desigliee may recycle or otherwise dispose of property when the
Purchasing Agent determines the value and condition of the property does not warrant the cost of a
sale.
(8) Proceeds from the disposal of Surplus Property
(I) The Purchasing Agent shall determine what fund and/or filllds will be credited with the proceeds
received from the disposal of surplus property.
Authorized by:
Lee Tuneberg
Finance Director
Purchasing Agent
Authority: ORS 279A.065 (5)(a), ORS 279.070, AMC 2.50.090
Draftedfrom: ORS 279A.250, OAR 125-246-0700
(Ord 2934. Replaced. 11/21/2006)
Page 4 of5
r.l'
CITY OF
ASHLAND
Council Options:
The City Council, acting as the Local Contract Review Board, can declare or decline to declare the
items surplus property -and~ authorize or decline to authorize a sealed bid auction be conducted to
dispose of the vehicles and equipment being declared surplus property.,
Potential Motions:
The City Council, acting as the Local Contract Review Board, can declare or decline to declare the
items surplus property -and- authorize or decline to authorize a sealed bid auction be conducted to
dispose of the vehicles and equipment being declared surplus property.,
Attachments:
None
(
Page 5 of5
....,
._~
CITY OF
ASHLAND
Council Communication
Award of Contract for an Ecological Assessment of the Lithia Springs Property
Meeting Date: May 19, 2009 Primary Staff Contact: Michael A. Faught 552-2411
Department: Public Works E-Mail: faughtm@ashland.oLus
Secondary Dept.: Parks Departm Secondary Contact: Megan Thornton 552-2105
Approval: Martha Benne Estimated Time: Consent Agenda
Question:
Should Council approve a contract with Brown and Caldwell in an amount not to exceed $43,972.00 to
provide an ecological assessment of the Lithia Springs property on Emigrant Creek Road?
Staff Recommendation:
Staff recommends Council approve a contract with Brown and Caldwell to provide an ecological
assessment of the Lithia Springs property on Emigrant Creek Road.
Background:
Summary
The Ashland Gun Club (AGC) currently leases 33 acres of the City-owned Lithia Springs property.
The gun range has been in operation since the early 1970s and operates under the terms and conditions
of a lease that was previously managed by the Parks Department. The lease is up for renewal and
Council has asked that the site be assessed for possible adverse affects due to lead deposits and
previous commercial ventures. In addition, staff was asked to identify Best Management Practices
(BMP) for lead control for possible inclusion in the new lease.
Request for Proposal
On March 6, 2009 a Request for Proposal for an Ecological Risk Assessment for the Lithia Springs
property was advertised statewide, in both local newspapers as well as on the City website. In total 29
proposal documents were sent to prospective proposers, plan centers and builder's exchanges. A pre-
proposal meeting was held on March 19,2009 to provide proposers an opportunity to view the site and
ask questions.
Proposals were due on April 10,2009 at which time five prospective consultant's submitted proposals.
An evaluation team consisting of one member of the AGC Board of Directors and three Public Works
staff members evaluated and scored the five proposals using the following criteria:
0 Criteria Maximum Score
Understanding of Requested Services 10
CONSULTANT Capabilities 20
CONSULTANT and / or Project Team 25
Resources 15
Response Time 20
Cost of Services iO
, TOTAL 100 Points
Page] of3
~~,
CITY OF
ASHLAND
Each evaluator individually scored the submitted proposals. Scoring was completed on April 24th and
the scores were combined to determine the top ranked consultant. The results are as follows:
,,", CONSULTANT TOTAL RAt'\'K
, , , SCORE
Brown & Caldwell 373 1
Parametrix 357 2
Windward 340 3
Environ 339 4
ICF Jones & Stokes 329 5
The top scorer was Brown and Caldwell, Environmental Engineers and Consultants of Walnut Creek
California. Brown and Caldwell's specified Project Manager for this assessment is Ericka Gelsey, an
environmental toxicologist with 17 years of experience in evaluating environmental impacts from
chemical exposure and 9 years experience specializing in risk assessments on'former munitions sites.
Costs of Services / Funding
The total cost for Brown and Caldwell's services on this project will not exceed $43,972.00. The
individual project elements and their corresponding costs are as follows:
Levell, Scoping Study $8,814.00
Level II, Screening Study (if required) $32,082.00
Development of Best Management Practices $3.076.00
TOTAL $43,972.00
The costs for this project will be funded through the Street Division capital projects budget. Dependent
upon the results of the Level I assessment, a Level II assessment may not be required. If this is the
case, the total project cost would be $11,890.00.
Related City Policies:
Council is empowered to manage the publicly-owned lands of the City.
Council Options:
. Council may approve the attached contract with Brown and Caldwell to conduct an ecological
assessment of the Lithia Springs property;
. Council may revise the scope of services to be provided by Brown and Caldwell;
. Council may reject all proposals offered in response to the request for proposals.
Potential Motions:
. Move to approve the attached contract with Brown and Caldwell;
. Move to modify the contract with Brown and Caldwell;
. Move to reject all proposals received for the ecological assessment of the Lithia Springs
property.
Page 2 of3
r~'
\ .
CITY OF
ASHLAND
Attachments:
I. Contract
2. Maps (3)
3. Proposal from Brown and Caldwell
Page 3 of3
~~,
Contract for PERSONAL SERVICES
CITY OF
-ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULrANT: Brown and Caldwell
CONTACT: Kenn Conner P.E., CHMM
ADDRESS: 201 North Civic Drive
Walnut Creek, CA 94596
DATE AGREEMENT PREPARED: 5/5/2009
BEGINNING DATE: 6/1/2009
COMPENSATION: Not to exceed $11,890.00.
TELEPHONE: (925) 937-9010
FAX: (925) 937-9026
COMPLETION DATE: 6/30/2010
SERVICES TO BE PROVIDED: Provide a Levell Ecological Risk Assessment of the Lithia Springs Property
and develop best management procedures at the Ashland Gun Club as outlined on the attached proposal
received on Aoril10, 2009.
ADDITIONAL TERMS: . If required by the Levell Scoping Study, perform a Level II Screening Study for a
cost not to exceed $32,082.00.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services: (2) the Cijy does not have
adequate personnel nor resources to perform the services: (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City: and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULT ANT AGREE as
follows:
1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perfonn the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, ij required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consuitant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed. including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments wiil be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who perfonns 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
itwill be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
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a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
. b. . City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified maii or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be establish'ed by City under any of the following'
conditions: .
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of tennination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consuitant of default or breach may at any time tenninate
the whole or any part of this contract if Consultant fails tq provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of C~y provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliaation/Liabilitvof Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modijjcation. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consuitant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of tennination. Further, upon termination,
Consuitant shall deliver to C~y all contract documenfs, infonnation, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consuttant for work perfonned prior to
the tennination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consullant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the perfonnance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perfonn work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or defaull
of any covenant, warranty. certification, or obligation it owes under the Contract: its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
consullant has qualified as a ORF for this agreement; insmutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in~s obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv insurance with a combined single iimit, or the equivalenf, of not less than Enter one:
$200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negiigent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include' contractual liability coverage for fhe indemnity provided under this contract.
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coveraae(s) without 30 davs' written notice from the Consultant or its insurerls) to
/"'.\n(\(""l '~U::_."\fl.."...<,,\l rV'AI ~_.1\T<>""....\"O.(,\7 Q.,.,....., fl. f''''In.....1l f"",...t.",...t M"'"
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the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance w~h the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon.. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any ciaim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consuitant.
Certification. Consultant shall sian the certification attached hereto as Exhibit A and herein incorporated by reference.
CONSULTANT CITY OF ASHLAND:
BY BY
Signature FINANCE DIRECTOR
Print Name
TITLE DATE
CONTRACT AWARD AND FINDINGS DETERMINED BY:
DATE By:
City Department Head Date:
Approved as to .1 Date: I
lonn by Legal:
Federal I D# ACCOUNT #
(For City purposes only)
'Completed W9 fonn must be submitted with contract PURCHASE ORDER #
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EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be perfonned in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are perfonned for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
Contractor
(Date)
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Ashland Gun Club
Lease Area
Exhibit B
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Ecological Risk Assessment
Level I (Scoping) and level II (Screening)
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Proposer: Brown and Caldwell
Status: Corporation
TIN: 94-1446346
Primary Contact: Ericka Gelsey
Phone: 925-210-2523
Fax: 925-210-2487
E.mail: egelsey@brwncald.com
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Environmental Services Group leader
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BROWS ASO
CALDWell
:!Ill North Civic Dnh'
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Fax: 915-'H7-')l)2(,
www.bnlwnanJcil<.h\'cll.c<>1ll
April to. 2009
Michael faught, Public \Vorks Director
City of .-I.shland
20.E. Main Street
.-I.shland, OR 97520
Dear i\.li. Faught,
~[be Lcvel I and II Ecological Risk :\sses~ment is an opportunity fot City of Ashland to
dctemline the potencial ecological risks and effects of potential chemical contaminaIlt$ on the
[ithia Sprinbl"S Property. \tIe appreciate !he ilwitatioil to perform this prdiminary aSSe%fficnt,
help the City decide if further aSSe%ffient is necessary and develop managt'mcnt strategies for
the sire's future use.
To providt~ YOll '\,\.;th the best ream for this project, we have chosen Ericka Gclser from our
\Valnur Creek:officc as your project manager. She has ninC' years of experience perfonning
munitions site assessments, and will be supported by a senior enyironmental scientist and one of
our most experienced modders. \Xlith Ericka leadiilg this project, we pledge. that:
Ericka's munitions site experience will give you the necessary expertise and knowledge
to rapidly aStle.".'; ecological risk at your site ~nd make decisions for further site
assessment or remediation.
\Ve umkrstand that \ve may nor he. fhe closest uffice to your site. but we arc confident that our
project m:tnagcr's cxperi('oce \\-;Il be invaluable [0 you and that we can complere your project
'W;thom raising costs Of. sacrificing service.
Any questions you have would be wdcomed. Please contact Ericka Geise)' at 925.210.2523 or at
cgclscy@brwncald.com. \X:e look fon.vard to continuing our successful relationship \\.1th you
through this' important communiry project.
V cry truly yours.
BRO\\'N AND CALDWElL
(L^-C--f
~
Ericka Gelsey~
Projcct.~fan3ger
Kenn Conner, PE, CHMl\1
I:nvirol1mcnral Services Group Leader
L 1/ /' i !' 1/ 1I III <' 11 ! :J /
I.: " ~~ ( 1/ " ( r ."
( I) 1/ ..- II / f iI If
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Project Understanding
'The City of Ashland (City) owns three adjacent parcels on Emigrnnt
Creek Road, a portion of which the City leases ro Ashland Gun Club.
The Ashland Parks and Recreation Commission has Ix-etl approached
by the Ashland Gun Club ro extend their lease to 2029. The Ashland
Hismric Commission has repeatedly denied this extension and has even
suggested in the past that [he gun club be dosed immediately (Q prevent
further harm {O historically significant resources at the dub.
Over the yea~, the area_sumlllnding the gun club has urbanized. lhere
are concerns 300m water table pollution by lead. and neigh~rs are
beginning to complain about noise and increased traffic. In response to
these-concerns, Ashland Gun Club repc('St'ntarives have claimed that
calcified Lithia Water prevents lead in bullets and shot from "mingling" Our project managers experience wffh sffes similar to the Uthia
into the water table; however, the derailed data necessary to evaluate Spn'ngs Property will provide the City with a seasonedexperl to
the location, quantity and quality of groundwater of areas within the conduct this assessment and provide future guidance.
site is not available. This makes it difficult tor the City. public or any other regulatory agency to either dispure or support
this claim. Because of this, the City seeks to perform a Screening Levell and II Ecological Risk Assessment (SLERA) (0
evaluate whether complete ex(X>sure pathways exi!.1: between potential chemical conraminants (lead, other he-JVY metals and
other chemiCals of concern commonly associated with spent ammunition) and identil1ed ecological receptors at the site, The
SLERA Levell Scoping will help derermine if an additional "",,"ment (Level II Screening) is warranted.
OUf propoSal highlights our approach to conserv.ativdy evaluate what risks are associated with the site's past. cur-relIt and
planned furure me and to detetmine the impacts to groundwater, habirat. species of concern and the overall environment.
We will address not only the various agency and public concerns ahout groundwater movement, but also noise and migra-
tion by windblown dust because specific endpoint receptors will be identjfied 'by the SLERA. By identiJYing an endpoint
receptor we identify how rhe conraminarion has migrated to thar receptor and find its source. For example, if we identifY a
particular plant downwind from rhe site thar has murarions. we could conclude that those mutations most likely were caused
by dusr from the siie.
While the SLERA will be conSt'rvative in rhat it will overt'Srimate risk. it wiU also specificaJly i~emify risks, which will allow
the City to answer the compelling questions posed by the public and orh('r concerned agende.li. Based 011 what those risks
turn out [0 be. the City can rhen make an informed decision about further sIDdy or remediation with guidance from Be.
'Ihe City needs a firm rhat can provide an accur.lte undersranding of the sire's condition .md advice on whar to do next. That
. is why our project manager. Erick.. Geiser. is so criticaJ to this project. She has managed numerous screening level assess-
mems at munitions sites with rhe same ecologica.l fL"Ceptors and contaminants of concern, and she's no stranger to the public
concerns surrounding land use changes and transfcrs that effectively alter migr.nion paths at a site. Her ability to address
these concerns and design mitigation alternatives for this specific rype of sirc will give the Ciry not only a clearer piaure of
rhe risks at the site. but a panner in crearing a plan ror haure site as.sessment and/or remediation and use,
A<; requested by the City, Brown and Caldwell (Be) will condua the SLERA in accord.ance with the mC)$[ recent version of
rhe Oregon Department of Environmenral Quality (ODEQ), Guidance fOr Ecological Risk Ass..'SSment.
A SLERA typically follows the U.S. Environmental Protection Agency (EPA) 8-Step Ecological Risk Asse"mellt
(ERA) Guidance, but Oregon has adopted J. four-level process for conducting ecological risk assessmenrs:
Levell Scoping_ Level II Screening. Level III Baseline. Level IV Field Baseline
Within and between these levels is a number ofTechnicallM.magement Decision Points (TMDPs). Based on the infor~
m:lt\(m developed and presented within a given levd, rheTMDPs determine one of three final rccommen,btions:
. No further ecological investigations at the site
. Continuation of the risk assessment process at the next level
. Undertake (Beyond Level I only) removal or remedial aCtion
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Although the terminology and separadon of tasks in EPA and ODEQ guidelines differ, the 5uhsr3mial requirements or
the assessm~nts are funcrionally equivalem:
OOEO Guidelines
~ level I
level II
level III
level IV
SIep1 ..'
. . Step2 .
,,, . Sleps3.$ ~..
EPA Guidelines
OUf team has performed many risk assesssments under EPA guidelines and understands the small differences between
those and ODEQ's process. Additionally, all project team members will be familiar with the terms, concepts and
approaches discussed in thc following documenrs prior to commencement of work: ORS 465.3\5. OAR 340, 122-
010 through - 115, USEPA Proposed Guidelines for Ecological Risk Assessment (61 FR 47552.9/9/96) and USEPA
R,gion X Supplemental Ecological Risk Assessment Guidance for Superfund (EPA 9\ 0-R-97-005. June \997).
The overall approach for conducting the SLERA and developing BMPs is based on evaluating risks and preserving
habitats. Be will also evaluate potential cleanup approaches/scenarios to identify those with the highest risk reduction
and lowesr amount ofhabit3t desrrudion.
Scope of Services
Be proposes to complete the scope of services in three phases: Levell Scoping. Levclll Screening (as needed) and Best
Management Practice Development. A summary of the tasks in each phase is presented below:
Project
Completion
-,.;, .
"""-." -'.,-
iBminantS'
UaJel:OI "icai
. ",}l"~.
" concemp,.' '., "~'1
:'~'~~~~r~;'l
'.P~' tiliiniO' . ,"H}
o '. .,prary ,,,
v'J.1i' _,c_.> tual t11OOerui' :...'ift~-~
" C~;l~R!rlt..:- ';.:' .ttt'-c';,-!i~~;~ t~.
. DetBmliiieprob8biIiryof
ecological riSk
. Submit Level II
Screening Study Report
.~8r)d~c.
polideStil ,ioil,.,....
negative' e.;QIogiCaI, , ,
., 7impacm:',,( " .-
t. ,;';Pro-MehaOdllooi\lo,I
'~:-->'r5' ,'-,".'-,-- '.'",'('h'" "" ". :.' i':"',;.
. ',(;iguKle Cilfeniploy'ees"-i:'
-~lOin~3ri'dt '.' ..
or incorporate inlo .
lease agreements for
the site
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Best Management Practices
Best managemenr practices and restrictions created for the. proposed handbook will not be designed to address
specific environmental regulations, but to be viewed as first steps ro.....ard addressing concerns resulring from current
and future environmental regulations. The Ciry may make exceptions to sensitive area. BMPs on a case~bY-l.:asc basis
if the cxceprion is deemed-necessary and effons are taken to minimize potential negative effects it may cause. tor
the purpose of this proposal, Be has included a conservative cost estimate for preparing a handhook. The cost of
this task will be lower jfrheCiry decides it wants only language for lease agreements or'information to pOSt to the
internet. BMPs wjll be developed i!l accordance with the EPA guidance BeSt Management Practices forLead and
Outdoor Shooting Ranges, and applicable state and federal agencies, which include ODEQ, Department of Urban
Forestry and Oregon State Department of Fish and Game.
Proposer Capabilities
Brown and Caldwell has more than 60 yeirs of solid
experience. in the environmental consulting indusrry and
has performed risk assessments routinely over the years
co help clients with real estate transactions. chemical
release prevention programs, rezoning. NPDES permits,
treatment plant expansions, sirt' remediations, site
restorations, site developments and designs ro reduce
effiuenr toxici ry. Our staff possesses d_ broad knowledge
of the EPA. state and local regulations governing the
risk assessment process.
Accommodating Varying Workloads
To address varying workloads. we have a project
manager who has 75 percem availability on this project
from late April through November 2009, and the
appropriate support staff in our Portland, Sacramento
and Walnut Creek offices to perform document review,
research, site reconnaissance and repon preparation.
In Phase I; Project Manager Ericka Gelsey will conduct
the site visit and "complete the Site Scoping Report.'
After Project Scientist Tom McDonnell reviews Ericka's
results, the two will discuss their findings with the City
and recommend whether or not to conduct a Level II
screening. Tom will have 35 percent availability during
Phase I. and will also be available to consult with Ericka,
Project Team and Qualifications
Be staff and the City as required
throughout rhe project.
In'Phase II, Erick. will make a
second site visit [0 perform site
inve"maries with a biologist who
will have 75 percent" availability
during this phase of the project.
Lynette Gerbert, the project
modeler. will have 35 percent
availability in Phase Ii.
. OtJftlilanlfealu[IiIS
.".. ....... . >
a prcijlilcl manager
wil!i75percent
avai/ability and
~killW$uPf?Ort
slaf!ftom three
offlI:es.
Proximity
BC has'offices in Sacramcnlo and Portland, but chose a
project man-ager from our \X'alnut Creek office because a
risk assessor with several years of experience working on
munitions sites and performing screening ecological risk
assessments chat 'include heavy merals rcmediations is key
to this project's Sllccess. With the internet, email, WebEx
conferencing and other tools, we will manage and execute
this project cost effectively from our Walnut Creek,
Sacramen"to and Portland offices without sacrificing
services to the City. -I he City of Ashland is a just a morn-
ing's drive away from our offices, and all three offices offer
skilled support staff capable of providing data modding.
scientific and administrative scrvicc~ for your project.
Principal Involvement
Kenn Conner, our Environmental Services Department
Group Leader, will monitor the s~hedule and budget, and
see that Erkka and your project receive all the resources
needed for sllccessful completion. Kenn has 23 years of
experience in the fields of site investigation, assessment
and remediation, and 20 years of experience in assessment
and remediation ar public and milirary ranges as well'as
ranges near ecologically sensitive sites such as the San
Francisco Bay and the Everglades.
Project Team
E~idi.l Gd.\c~"~- ProjeCt :\f:mag1.."f
Ericka will oversee rhe d3y-to-day activities of the project,
manage rhe project resources and ensure the project is being
completed, co your s3risFaaion. She will also manage ongoing
~12n./)nl<pal0.}(<:h
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consultation with the City and other concerned parties
(such as Ashland Gun Club) during the projCCI. Erick. has
17 years of experience as an environmental engineer.
with nine years of experience exclusively on munitions
sites. She, has conducted several ecological risk evalua-
tions specific ro'small-arms ranges, and has experience and
capabilit.ies in pRoseeving habirars DY designing cleanup
approaches/scenarios that fe-sull in the lowest amo~nr of
habitat destruction during remediation activities.
'1~)Jn ;\h-l)onnt.'1I --- Projen Scinl1i.\1 and St."nine
l~eyi(..,\'C'r
Tom will provide rcchnkal assistance and act as senior
reviewer of project tasks. He has 25 years of ecological risk
assessment expericnc~ and is especially well sUitCd.fOf this
assignmenr bt-callse of his extensive experience in screening
level assessments and his collaoorarive role on many Be
sire remediation projects. Tom complements Ericka's muni-
Resources
Specialties/Unique Strengths
tion site, eXpertise with his own sediment qU31iry evaluation
knowledge, which W3S enhanced by the many ecological
risk assessmen,ts he performed tor the _Navy.
L~'IH:ue Ccrhnt ----;-~-to'dding
Lynnerte; will be responsible fi)r computer data management
and modeling. She has J 8 years of experience as a toxicolo-
gist complcring risk assessments, site assessments and data
review 4lnd modeling. with a particular experrisc in linked-
spreadsheet preparation. As project scientisr for. a Southern
California Naval Station, Lynette conducted risk assessrncm
to dercnnine risk associated with exposure [() Ie-.lo in soil. She
also calculated risk-based c1<'';lnup levels and idenrifitxi areas
to be remediat~.
Similar Projects
Descriptions of similar projects, including those staffed
by the project manager, arc on Page 6.
Munitions sites typically comprise several types of ecological
habitats occurring withip a one-mile vicinity. The combination of
barren., urban. nonnative grassland and' estuarine habitat may mean
that instead of significant shelter points, a relatively barren site such
as a small-arms firing range may serve as a corridor'bet\veen ocher
habitats or as a brief resring place for wildlife. ~fhis distinction is critical for evaluating ecological risks at a munitions
site, since the potential migration mechanisms are primarily noise, windblown dust and groundwater movcmenr.
In the past few years, Project M:magcr'E:icka Geiser has conducted baseline studies at .~cveral munitions sites [hat
included chemical analyses of water and sedimenrs!soi)s, air monitoring and biological inventories specific to lead,
copper, ar:ttirnony and arsenic deposirion. All projects involved sensitive habitars and endangered species. The knowl-
edge gained during these ecological risk assessrnenrs will be immediately useful and cosr beneficial to the City because
it will allow her to quickly focus on and limit the scope of field investigations to rhe driving iss~es of this project.
Innovative Techniques/Equipment
Ericka also has extensive experience using the Geogr;lphiclnformation Systems (GIS) ESRI, ArcGIS, LiDAR,
Arc MAP. a~d GfS/EM4; which have been used in munitions remediation ar former defense sites located throughour
the United Slate5. These sites have since been investigated for cleanup and sold or transferred from the jurisdiction
of the Dcpac"rmenr of Defense (000) to anorher emiry. GIS was invaluable in narrowing the scope.of remediation
at sman~arms firing ran"ges that had been in use with no remediation for more than 50 years. GIS identified those
locations with more rhan 10 percenr spent ammunifions - the de[crmined"'hot spors" of rhe site - and effectively
reduced both the remedial design and construnion costs. GIS can be used in rhis project to help the Ciry isolate hot
spotS for remediation (if necessary) :md reduce eXGlvation costs, and can be incorporated into the scope of services at
the City's request if it is determined co add value. ~
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Response Time
Be will start work within se....en days from date ofconn:acr, and can begin Phase II within 24 hours of fl:"ceiving written
notice [0 proceed.
Time Management
Keeping a project on schedule and budget is one of the most importaa1r concerns of any diem and, therefort', a rap priority
at Be. We have projecr-delivery, quality and budgeting systems in place th;u help ensure that your project's cost will be
controlled. captured, monitored and invoiCed properly and according co your needs. OUf inregrarcd projC<...1: management
system fearuces OUf companywideProjal Delivery System (PDS). PDS integrates with the firm's bookkeeping. Human
Resources Information System (HRlS) and related systems, and tracks projecr,cosrs each day. Two key c1emenrs'of our
PDS are developing a derailed project management plan (PMP) and assessing Cririd Success Factors (CSFs) at the
onset of each project. The PMP outlines specific procedures to mainrain the project schedule and budget, including
estimating percent complete compared with budget expcndedbascd on attained project milesto~es. By integrating
planning and tracking [Ools with highly relevant proiect requirements and ongoing interaction and guidance by [Op
company experts, PDS helps ensure that projects arc delivered on dme, on budget and at a level of qualiry that meets
dien't needs and industry standards. .
Schedule
Be proposc:s [0 complete Phase I within 30 days of the contract date and deliver the Site Scoping Report (hrief memo-
randum and 3rr3chments) before May 30, 2009, dt:pending on contract stan date. A schedule for Phase II will need to
be authorized immediately by the City since the Level II Site Screening should be completed during the e-.1r1y summer
months. If authorization to proceed is received no bter than June .)0, 2009, Phase II should be completed in late
Ocrober, wirh Phase III wrapping up by the end of November.
Phase I - Sile Scoping
Phase II - Site Screening
Phase III - 8MP Development .
~Detiverables
Dates depend on contract date and date 01 authorization for Phase II.
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Similar Projects
C~"
~hese symbols represent"',,,
( . en,dpoint receptors evaluated \ .
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Ecological Risk Assessments completed by members of our proposed team
are featured in the boxes below. Symbols representing vBrious endpoint
receptors are in the key to the right. Efforts that Project Manager Ericka
Gelsey worked on are mar1<ed with this icon: @
~
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~ '!l' ~VlD
~""'l1ll 'i'I~'*,.'''_~
,- . :.'.i<,",<:" ,; , "':F',',<<::.;
musedorsmdlll . ~$dla:Umsadeli\J:
.tiaIowscllsil t>e~lUIi1glJllUlVls,~IUIi1g~,
,~pnl, rocietp;lSl8erea. selIIlnglOl~pcnls.
~I!aslld~!l!!lt!!dsi'lt>e lIS: ,..4~'
:".'~~:~,f!o1'Sl\\lS~~';'
.. ",/.','
, ~ Contaminants of'concern:
~ . mercury . heavy metals
. PCBs
Endpoint receptor"
Endpoint receptors:
E~~ .,-
fl:). '.
~.' Contaminants of concern:
"if" 'HMX
(
@(y
.,
.\
. ,.
.' Contaminants of concern:
. heavy metals . PCBs.
Endpoint receptors:
f";;p:,contaminants of concern: Endpo~.~~e~~;
, . . lead 'copper 4S\t:) l.\ '- ;", _ rj\
'anlimony W' .. 'C/' , W
.
~~~":;ll'l, I/!fC'"
1. ,- - "'.'\"...'
Al.1I",.dsaeenlnglll1ll~risl< ;mH~i\SIorDlSl!lcl.
welllOl$. WDf1< induded.~ l1IstoricalrecCllds tIlldcondudl1g
inlenleW$, ColorDl1~"'rt IOl UOAA _ dala Wlllll
iIalyz.ed to cletecI ClIilIlfaI!ealWes and ~riiuMlon 1oaluteS. .
"~~."-: --~,. , .
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. ~"i-~~~"Il~ilt1
@;.\-J~<'-', ~;~:~'> -
'A,lm 1~~U.Navy~~~o!eodi>9h\'ie1risl<,;fnl1Jei~
Sll<fme<JI.~assessmenis.~deslgn an~&i~ and
~~evallJalIonsusloiJ/ood~tIlld~-'nodels.
Long Beach Na'al. Complex, Long Beach. CA
San Diego Bay Boat Channel, San Diego, CA
Drainage Dnelles. Ventura County Na,y Base, CA
Morris Dam Facility, Los Angeles County, CA
Various Snes. Alameda Point, CA
Port Huerteme Harbor, Oxnard, CA
!~ Contaminants of concern:
.... . lead . copper . arsenk
Endpoint receptors:
.w.
~
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~.
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6
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ENVIRONMENTAL TOXICOLOGIST
ERICKA GELSEY
Experience Summary
Ms. Gdsey is an eiwironmental toxicologist.with ,17 years of experience 'evaluating cm'ironment(l] impacts
from chemical exposure and remediaLmd developmental acrivities, and nine yean; experience specializing in
ecological risk assessments and natural resource'damage aSSC5Sffi{"nrS (NRDAs) on former munitions 5i((,'5.
Ericka performs bioenergetics-based food chain modeling and toxicity assessments to c\"a!uate risks to
ecological receptors from chemical exposure. Her project experience also included preparing environmental
assessments and em'ironmeiltal impact statements (EA/EIS) that comply \\ith the National Environmental
Policy An (NEPA), wetlands Jelineation and pennitting under Section 404 of the Clean \Vater Act. habitat
rC$[Oration, and threatened and endangered species consultations. She has served on EPA biological techilical
as:-;istance blTOUps in R~gions 2 and 3, and recently participated in EPAwork groups developing ecological soil
screening levels (Eco-SSLs) and a metals risk assessment framework: Ericka has also presented papers at
intemauonal professional societ)'-meeiings on ihe ecological effects of various chemicals, including metals,
PCBs. PAI.Is and nanomaterials.
Assignment
project M<lnager
Education
M.S., Environmental Toxicology. University
of Caldomia.Davis
B.S., Chemistry, University of California.
Davis'
Registration .
4O-hr. HAlMA T CertificationtB.hr,
$upervisDr
California Certified Asbestos Consultant
Experience
17years
Joined Firm
2009
Relevant Expertise
. Ecological risk assessments
. Food chain mcxIeling
. Toxicity aSS6SSfTlents
. Environmental impact slatements
. Threatened and endangered species
consu/t3tions
.-
Base Realignment and "Closure, Badger Army Ammunition Plan,
Baraboo, Wisconsin
Risk Assessor/Technical Manager. Ericka conuucteu all ecological risk
screening of several locations where munitions were used or ~torcu at'the
site. She performed numerous soil column studic~ in shallow soils in the
propellant burning grounds, ueterrent burning grounds, nitroglycerine
pond, rocket paste area. and settling and ballistics ponds. She also sampled
ballistic ponds, nitroglycenne pond and settling pond scdimcrit~, oleum and
wood duck ponds to confirm presence of-mercury. heavy metals and PCBs.
Encka conducted a fish study to detennine possible mercury impacts.
Based on the. results of the ecological risk assessment. an Alternative
reasibility Study for sire remediation was required.
Ecotoxicological Risk Assessment of an Antitank Firing Range
Contaminated with Explosives, Confidential Client and Location
Risk Assessor. Ericka,used a screening ecowxicological risk assessment
approach for eXplosive-contarrunated sites at a military training area.
Literature and laboratory toxicity data were compared \\.ith the exposure.
assessment ro c~almare the nsk.to ecological receptors. The team considered
effects on soil (mic~obial process, plants and im;ertcbrares), \\.i.ldlift~
(mammals and bird~) and aquatic (micro-organisms. microphytcs.
macrophyte$, uwcrtebrates and fish) species. Ericka perfomled toxicity
studies on earthworm reproduction and carned our field experiments in
rnesoco:-;ms.;\ simple biomarkt"r, thc"neutralred rerenti6n time, was used to
assess the sub-lethal toxicity to earthwomls. 111c uncertainty associ:itt:J at
the. different ecological risk :lssessmcnt.procedurc steps was also
considered. In general. die areas significantly contaminated by explosives
such as HMX were detcnnincd to comtinltc a potential risk of effecr on
soil organisms and mammals,
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ERICKA GELSEY
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Edwards Air Force Base, Air Force Material Command, California
Technical Manager. Edwards AFB and parrof the Air Force Material
Command had fin: closed frring ranges that fell under the Military
Munitions Response Program. f~'or the 11\'(:' ranges: historical records
reviews._in(cn~iews, human health risk ;lsst'ssments and ecological risk
assessments were pcrfomled. Color orrhophorography and Lip,\R terrain
data were analFcd to detect cultural features and potential munitions-
related feanlres such as subsurface craters. (2005)
F~asibility Study, Site 39 Inland Ranges, Fort Ord, Monterey,
California
Technical Reviewer. Ericka evaluared and compared alternatives for
cemediaLing lead contaminants from spent small-arm~ bullets and explosive
compounds within the impact areas at the f(jrmer Fort. Remediation \\."a~
for comaminants primarily occurring in habirat rcscn..c areas ar
concentrations exceeding cleanup levels under the 13asc\\.~dc Remedial
IIl\'ostigationl Feasibility Study (RII FS).
Ec.ological Risk.Assessment, Small-arms Ranges, Fort Ord,
California
Risk Assessor. Ericka evaluated the ecological risks associated with
. chemical contamination at sman~anns rangl'S "\\.irhin the habitat areas at the
former Fort. "Ibis was a post-remediation ecologicaL risk assessment in
sensitive habita(Jocari()n~. Primary contaminants included lead. copper and
anumony.
Ecological. Risk Assessment, Hackensack Meadowlands District,
New Jer.sey
Technical Manager. Erickit perfomled both rhe screl"ning and ecological
risk assessments of the wetlands. For each of the five ranges, the team
reviewed historical records. conducted int{'rviews and performed human
hcalrh and ecological risk assessments. Color orthophotography and
LiDAR terrain data were analyzed to deteciculrural features and potenti:11
munitions-related features such a~ subsurface, craters.
Oakland Army Base, Phase II Site Investigation, USACE, Oakland,
California
Chemist. Ericka performed investigations to dctenTUne risks associated
with the Base Realignment and Closure (BRAe) prior to transft.rring
ownaship of the property.
Oakland Army Base, Remedial Investigation Report, USACE,
Oakland, CA
Chemist/Technical Reviewer. Ericka reviewed investigative remedial
acti\'ities for the Oakland Anny Base Operablt. Unit 4. She advised on all
'site investig<uions. the RI sampling program. modeling. ecolOgIcal risk
assessmen"rs and recommendations for remedial anion.
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ENVIRONMENTAL SERVICES GROUP LEADER
KENNETH CONNER, PE, CHMM
Experience Summary
~lr. Conner has 23 years of experience, in the tields of site inycsrigation, sire remediation, assessment and
remediation of CUITerH and former military sites,-airports and port facilities. transportation projccts~
stonnwa~er projects and industrial wastl,;'\vater treatment design. Kenn ha.s been in,,'olvcd in these fields from
both technical and fnanagcrial aspects of the projects. His experience has included rhe,coordinarion and
technical management of subsurface in\.cstiptions. remediation system desib'11 and operation. hazardous
materials management, and {ndustrial wastewater treatment. Kenn is a Professional Engiol'cr and a Certified
Hazardous Materials Manager and has-extensive knowledge ofCERCl..:\, RCRA, TSC:\, NESH:\P, and
other federal, state and local regwations.
Assignment
Principal
Education
B.S., Chemiesl Engineering, University of
Mississippi (198S)
Registration
Professional Engineer, California Civil
C55429
Professional Engineer, Florida 47632
Professional Engineer, Vermonl018.
OOO7OJC
Experience
23 years
Joined Firm
August 2008
Relevant Expertise
. Site Investigation and R&memation
. Former and Current Military Sites
. Airports and Port Faciflties
. Industrill! Wastewater Treafment
_i
Site Investigation, Skeet 'Range Investigation, Former Penin!'-ula
Sportsmen's Club and Cargill Salt Ponds, 5an Francisco
Department of Public Works, Menlo Park, California
Senior Project Manager" Over the Club's 50 years of operation, ~everal
tons of lead sh6[ were estimated to have been deposited at, the Sportsmen's
Club. Because the Club bordered salt ponds owned by Cargill Corporation,
much of this lead shot was deposited in the salt pond. Le\'ee.mainter:ance
activities resulted in h1Ucb of tbe shot being mixed into uel~pl~r soillayl'fs.
1n audition, the geochemistry conditions of Ihe site were such that in some
areas, leau had adsorbed out of solid pellets and into soils. Using t'.VO Niton
XRF devices for rapid site characterization, Kenn characterized the laleral
and '\'crlical extent of lead shot and dissolved lead and prepared a report
that described the extent of contamination :lnd recommcn~icd remediation
altemauvl's. He also interpreted sample data and oversaw QA/QC of field
sampling activities:
F:ormer Shooting Rang~ Assessment and Remediation, Waterman
Water Treatment Plant, City of Fairfield, California
Senior Project Manager. Keno managed the prcp~ration of a preliminary
endangerment assessm(:nt (PEA) aild a remedial action \,,'orkplan (RA \X-~
for the; remediation of a former shooting range. He designed a sampling
pl:ln to j~entify the \;ertical and horizontal extent of lead contamination in
the soil from lead shot. He interfaced with the Dcpartmenl ofTo;-.;ic
Subst:mces Control (DTSC) to identiC-y remedial actioris for site cleanup. He
prepared an RA \Xl thai described the remedial actions and managed
remedial :1ctivities, which included excavating contaminated soils.
Site Assessments, Alameda Naval Air Station, Alameda, California
Senior Project Manager, Kenn managed the remedia"tion illn~stigations
and site assessments at two sites at the Alameda Naval Air Station. He
rn'icwed historical docum('ots prepared by (he U.s. Na'\'y anti other
consulrants to identify hazardous materials and pre\'iouslyperfomled
remedial actions. He dcsigtl('d a site investigation to close Ihe dara gaps at
various sites.'The investigation invoked using cO:\Fcffecti,"c and
economical techniques such as direct-push soil sampling. x-ray tluorescence
(XRF) screening for metals, and site screening methods.
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PRINCIPAL SCIENTIST
THOMAS R. MCDONNELL
Experience Summary
Mr. McDonnell is a biologi!'t with 25 years experience specializing in ecological risk assessment. sedimem
investigations. oceanogra(?hy, marine biology, and water qualiti". Tom serves as project manager and project
scientist on ecological. oceanographic and cm'ironmental projects. He has cO~lducted u,-,Her quality. sediment
quality. and oceanographic im'cstigations. and ecologicaL risk 3S$essmcms in Alaska. California. Texas and
Florida for Comprehensive Em'rronmental Response. Compensation and Liability Act (CERCLA); Resource
Conscn'acion and Recovery Act (RCRA); and Clean \Vater Act programs.
Assignment
Project ScientistlSenkx Reviewer
Education
MS.. Biology, Cal#omia Slale Un;,ersfty,
Long Beach. 1982
B.5., Biology. Loyola MstyrrolXl'
Un;versity. 19n
Registration/Certifications.
Certificate. Hazardous Msterials
Management, Univef'5ity California, Irvine,
1988
Experience
25 years
Joined Firm
1982
Relevant Expertise
. , Eoo1ogical risk assessments at aquatic
and terrestrial sites
. Sediment quality investigations
. Coordinating projects wffh U.S.
Environmental Protection Agency. U.S.
Fish and WiJdHfe Service, and Nati0n81
Oceanic and Atmospheric
Administration
. Cootdinafing projeas .." CaEfomia
Depar1men1 a/ Toxic SubsIanros
Conlrol, Regiooal Wallir Oueity Control
Boa'", Depar1menl a/ F"" and 03""
. Remedial investjgatkJnSifeasibllity
s1udies
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Long Beach Naval Comple'x, Department of the Navy,
Long Beach, California
Ecological Risk Assessor. Tom hdped design and prepare II work plan
and implement a marine sediment assessment for a 700-acre scdiment site
at the Nayal Complex in Long Beach Flarbor. \Vork included c::yaluating
samples of surface sediment, subsurface borings and pore water for physical
and chemical characterization. Biological analyses included sediment and
pore water toxicity tests, laboratory and resident fish bioaccumulation. tests
and communit), strucrurt' analysis. Tom conducted an ecological risk
assessment for aquatic receptors, and presented results in a Remedial
Investigation Report outlining smaller cleanup areas than originally
projected. Tom also assisted ,-vith the feasibility srudy and remedial action
objectives, negotiations \\.lth stare and federal agencies to develop sediment
management objectives for remedial actions, and summarizing findings in
the Feasibility Srudy; Proposed Plan, and Record of Decision. (1994-2007)
Various ,Sites, Alameda Point, Department of the Navy,
Alameda, California
Ecological RiskAssessor. Tom helped evaluate soil, ground,'.'ater and
sedimenr at numerous sites. He prepared screening-level ecological risk
assessments for site investigation, remedial investigation and feasibility srudy
reports. Ecological receptors inc"ludcd tcrrestrial and aquatic birds and
mammals. Exposure pathu:ays were {'valuated u:'iing food chain evaluation
and ingestion moods. 1be ecological risk assessment indicated small{'r
cleanup cffons than initially projected, and preliminary cleanup goals were
developed. 111e screeni.ng~level ecological risk ass~ssmcnt ind.icated
acceptable conditions for the proposed AbmeJa National \Vildlifc Refuge.
. (200 1.2(XJ7)
,Morris Dam Facili~y. Department of the Navy,
Los Angeles County. California
Ecological Risk Assessor. Tom helped evaluated existing sediment
guality data for a {l:sting faciliry on Morns Reservoir along the San Gabriel
Ri,'cr in the San Gabriel Mountains. He evaluated surface sediment samples
for physical and chemical characterization, and prepared a screenin'g-Ievel
ecological risk assessment and sampling approach for further sediment
inn'stigation and evaluation. (2003-2007)
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THOMAS R. MCDONNELL
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San Diego Bay Boat Channel, Department of the Navy,
San Diego, California
Ecological Risk Assessor. Tom helped evaluate ~arine sediment quality
for a 57-acre sediment site at'the San Diego Naval Training Center. He
evaluated surface sediment samples. subsurface sediment borings and pore
water for physical and chemical characterization. Tom also assessed
sediment and pore water biological conditions' with toxicity tt~sts. laboratory
and resident fish hioaccumulation tests. and communit}"'strucrure analysis.
Other work included conducting an ecological. risk assessment for aquatic
recep,ton; and presenting results in a remedial in...-esrigation reporr
demons crating smaller cleanup areas than originally projected. Tom also
assisted with the feasibility =-tudy and renlt.dial action objectives,
negotiations with state and federal agencies to devclop sediment
management objecti\.cs for remedial actions, and summarizing findings in
the Feasibility Study. Proposed Plan, and Record of Decision. (1998-2f107)
Drainage Ditches, Navy Base Ventura County,
Department of the Navy, Port Hueneme, California
Ecological Risk Assessor. Tom helped design and prt'fJarc a work plan
for sediment assessment of a 3.5-km freshwater drainage ditch system. The
sediment investigation plan included e\.aluaring surface sediment samples
and subsur[acl' borings for physical and chemical characterization.
Biological analyses included sediment toxicity tests and laboratory
b"ioaccumulation tests. Ecological risk assessment results were presented in
a remedial investigation reporf. and sediment investigation plans \vere
negotiated ""1th ::;tate and federal agencies. (2002-2007)
Port Hueneme Harbor, Department of the Navy,
Oxnard, California
Ecological Risk Assessor. Tom helped e.....aluate existing sediment quality
dara for a dl'cp-draft dredge pr6jecL He evaluated surface sediment samples
for physical and chemical characte~ation and reviewed an ecological risk
asseSSffit.'nt in support of dredge management acov-ities. (2001-2002)
~creening Level Risk Assessment, Pt. Loma; NAVFAC Southwest,
San Diego, California
Ecological Risk Assessor. Tom oversaw this screening level risk
assessmentthat involved looking atexisting data, comparing data with
ecological bench marks and evaluating potential \\.ildlifc risk with food
chain modeling. 'Ibis project is in support: of "time critical" removal action
to protect the adjacent ecological resen'e. (2005~2006)
Ecological Risk Assessment, Various Locations,. Texas
Ecological Risk Assessor. Tom helped dcsign the risk assessment
approach, and prepare work plans and risk assessmen( reports for aguatic and
terrestrial sircs in me Houston and Galn'ston Bay areas. Principl~exposure
pathways were evalua(ed using food chain (>valuation and ingl'stion models
for represematlvc ecological receprors. exposl'd to inorganic, pestiCide,
organic solvent. and petroleum hydrocarbon contaminants. (2001-2004)
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HUMAN HEALTH RISK ASSESSOR
L YNNETTE GERBERT
Experience Summary
M::>. Gerbert has 18 years of experience in human health nsk assessment. Lynncttc is currently responsible for
preparing probabilistic and dc:terministic risk assessments for stMe and federal Superfund and RCRA
programs. Her work also includes cornplccingsite assessments and data re\.iews for property trans,actions.
Lynnette is responsible [or computer data management and modeling. with a particular expertise in link~d-
spreadsheet preparation. She also maintains contact with agencies for current status of ret,1ulatory risk
assessment programs.
Assignment
Mode/;ng
Education
B.S., Environmental ToxiocHogy, Un;versity
ofCafifomiaarOavts,1990
Experience
1Byears
Joined Finn
1991
Relevant Expertise
. Probabilistic and deterministic risK
assessment
. Spreadsheet manipulation
. Third party tedlnical re\liew of risk
assessments
. Arsenic and lead research worll'
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Risk Assessment, Hillview-Porter Superfund Site, Palo Alto,
'California .
Risk Assessor. Lynnette prepared a risk assessment for California's
Department of TOx1C Substances CotlLrol'thatincluded evaluating more
than 15 exposure pathways. Computer data management involved QA/QC
rC'hew and manipulation of more than 2,000 data points and preparing 54
linked risk assessment spreadsheets.
Risk Assessment Review
Technical Review. Lynnerre reviewed rwo risk assessments for coal tar
byproducts and dioxin bio-accumulauon to update changes in methodology
and data. New analytical data, exposure factors and toxicit}" values were
incorporated to calculate current risks.
Risk Assessment, Superfund Site, Santa Clara Valley, California
Risk Assessor. Lynn{.tte assesseu lhe risks associated \\-ith potential
industrial and residential exposures to PCB and trlchlorobenzem' (rCB)~
impacted soils and PCB-, TCB- and yolatile organic compound (VOC)-
impacted ground\vater in a remedial investigation/feasibility study.
Risk Assessment; Mining Sites, Arizona
Risk Assessor. Lynnette used Crystal Ball and @Risk to conduct
probabilistic risk assessments to calculate risko-based cleanup levels for
arsenic and copper under industrial. residential and recreational exposure
scenarios. Since 1996, she has achieved a mO,rc than 200~fold increase in the
cleanup levels for arsenic. An integral parr of these projects "\;as a training
seminar for Arizona regulators on using and understanding @Risk.
Preliminary Endangerment Assessment, Confidential Plating
Shop, Northern California
Risk Assessor. Lynnette conducted a Department of Toxic Substances
Control (DTSC) "screening evaluation for a Prclif}1inary Endal!germent
Assessment for a plating shop. Addiuonalrisk calculations were_prepareclto
evaluate adverse health effects to transients. Exposure to lead was evaluated
using the DTSC LeadSpread Model. (1996)
Risk Assessment, Manufactured Gas Plant Site, Arizona
Risk Assessor. Lynnene llsed Crystal Ball to conduct a probabilistic risk
as:-;essment to evaluate risks to residents currently living at an abandoned
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L YNNETTE GERBERT
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manufactured gas plant site. llUs included de\Tcloping chemical-specific
bioavailability factors for polycyclic aro'Dauc hydrocarbons.
Risk A"ssessmcnt Training, Sydney, Australia
Project ~fanagcr. Lyrmctte taught a. risk asseSSffie;:nt course on computer
database management, which includeddara input and e\Taluation.,
spreadsheet linking and manipulation, and table preselltation.
Risk Assessment, National Priorities List Site, North Ca-rolina
Risk Assessor. Lvnnette assessed me current and future risks associated
wlth exposure to hazardous chemical waste and low-Ie\"el radioactive waste
generated at National Priorities L.isr site. Thirf}'-rwo cht'TIlicals and three
resident.ial pathways were evaluated. A fate and transport model was used {Q
determine the chemical concentration in the surface water should the
groundwater ever discharge there.
Risk Assessment, Multiple UST Sites
Risk Assessor. Lynnette prepared approximately 30 risk~bascd correcti\~c
action (RBCA) and risk assessment studies in support of site closure
requests for petroleum hydrocarbon underground storage tank sites in
Califomia; Texas, Alabama, Georgia, Louisiana, Florida and Oklahoma.
Risk Assessment, Sugar Manufacturing Facility, Arizona
Risk As8es~or. Lynnette prepared a risk assessment to evaluate the site for
future use.a~ a public golf course. She determined if water beneath the site
could bc'used to irrigate the planned golf course without impacting golfers
or nearby-residenrs.
Risk Assessment, Confidential Hazardous Waste Treatment
Facility, Southern California
Risk As.sessor. l.ynnettc evaluated emissions from a Specified ~la7.ardous
\Vastc. Facility that consisted of a residuals repository and a hazardous waste,
trealment. facility. The long-term potential for adverse health effects to
residents and cc.ological receptors, the potential for short-term acute
adverse health effects, irritant effects, and odor nuisances were evaluated.
Risks to on-site workers were also c\'aluated.
Stormwater Planning and Research, Caltrans
Risk Assessor; Lynnette helped prepare a ~totlitoring Plan to study
roadway shoulders where hcrbicidcs- are used to control destructive and
nuisance weeds. The plan helped detl'rrnin<~ the potential for Ilt:rbicides to
impact sc'nsitivc streams and rivers in Caltrans Region 1. She'studied [he
fate and transport properties of the herbicides used by Caltram; rcvie\ved
existing studies; and helped design a soil, surface water and stormwatcr
sampling program to answer key guestions on the. potential for herbicide
rck--a~e. She, also was part of the team that investigated 20 locations [0
determine two appropriate study locations. .
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C I T' Y 0 F
ASHLAND
Council Communication
Confirmation of Mayoral Appointment of John Karns as Fire Chief
Meeting Date: May 19,2009 Primary Staff Contact: Mayor Stromberg
Department: Administration E-Mail: john@council.ashland.oLus
Secondary Dept.: None Secondary Contact: Martha Bennett
Approval: Martha Bennet Estimated Time: Consent
Question:
Does the Council wish to confirm the Mayor's appointment of John Karns as Fire Chief?
Recommendation:
Mayor Stromberg recommends that Council confirm the Appointment of John Karns as Fire Chief.
Background:
The City conducted a nationwide search for a new Fire Chief with the assistance of the Waters-Oldani
Executive Recruitment firm. Four finalists were invited to participate in an intensive two-day
interview and selection process at the recommendation of Waters-Oldani. John Karns was selected
because of his extensive experience with the City of Beverly Hills Fire Department which offers many
parallels that prepare him to serve the Citizens of Ashland as Fire Chief.
John Karns comes to Ashland with over 26 years of experience in the Fire Service. He has spent the
past 25 years with the City of Beverly Hills Fire Department, which is regarded as an excellent Fire
Department throughout the west coast. John's career with the Beverly Hills Fire Department has been
one of progressively responsible management positions; however, he has retained a hands-on
operational approach which will serve Ashland well. John's background in a larger organization that
provides Emergency Medical Services (EMS), Advanced Life Support (ALS), relies on mutual aid
partnerships and places a high priority on emergency preparedness and disaster mitigation all lend
toward a great fit for the Ashland Community. John has a reputation for positive labor/management
relations which will also be beneficial to the City and Ashland Fire & Rescue staff as they adjust to a
new leader. John is excited about the opportunity to relocate nearer to family and friends in Southern
Oregon. John will begin work on Monday, June 22, 2009
Related City Policies:
None.
Council Options:
Council could confirm the appointment of John Karns as Fire Chief.
Council could defer the appointment of Fire Chief awaiting further information.
Potential Motions: I
Move to appoint John Karns as Fire Chief for the City of Ashland.
Attachments:
Employment Agreement for Fire Chief.
Page 1 of 1
!'A1
CITY OF ASHLAND
Employment Agreement
FIRE CHIEF
THIS AGREEMENT, made and entered into this iL day of May, 2009 by and between the City of
Ashland ("City") and John Karns ("Employee").
R Eel TAL S:
A. Ciiy desires to employ the services of Employee as Fire Chief of the City of Ashland; and
B. It is the desire of the Ciiy .to establish certain conditions of employment for Employee; and
C. It is the desire of the City to (1) secure and retain the services of Employee and to provide
inducement for Employee to remain in such employment, (2) to make possible full work
productiviiy by assuring Employee's morale and peace of mind with respect to future
security; (3) to act as a deterrent against malfeasance or dishonesiy for personal gain on the
part of Employee; and (4) to provide a just means for terminating Employee's services at
such time as Employee may be unable fully to discharge Employee's duties due to disabiliiy
or when City may othelWise desire to terminate Employee's services; and
D. Employee desires to accept employment as Fire Chief of the Ciiy of Ashland, and to begin
his employment on .JUNE:. J.:l., l.f:jO'j
City and Employee agree as follows:
Section 1. Duties.
The city hereby Bgrees to employ John Karns as the Fire Chief of the Ciiy to perform the functions
and duties specified in Ciiy ordinances, and the job description attached as Exhibit A and to perform
such other legally and ethically permissible and proper duties and functions as the Ciiy Council shall
from time to time assign. The Fire Chief shall devote full time to the performance of his duties. The
Fire Chief may hold outside employment so long as it does not impactthe abiliiy of the Fire Chief to
effectively perform his duties.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or othelWise interfere with the right of the
Mayor, with the consent of the City Council in accordance with the City Charter, from
terminating the services of the Fire Chief at any time, subject only to the provisions set forth
in the section entitled "Severance pay" of this agreement. .
B. Employee agrees to remain in the employ of City until W:iiN:f2.%!II9m1, and, except as set
forth in Section 1, neither to accept other employment nor to become employed by any other
employer until this termination date, unless the termination date is affected as othelWise
provided in this agreement. This provision shall not restrict Employee from using vacation or
personal leave for teaching, consulting or other activities provided these activities do not
conflict with the regular duties of the Employee.
EMPLOYMENT CONTRACT - John Karns, Firs Chisf
page-1
C. In the event written notice is not given by either party to terminate this agreement at least
ninety (90) days prior to the termination date, this agreement shall be extended for
successive two-year periods on the same terms and conditions as provided herein.
D. In the event Employee wishes to voluntarily resign the position during the term of this
agreement, Employee shall be required to give the City six weeks written notice of such
intention, unless such notice is waived by the City Administrator with the approval of the
Mayor and City Council. Employee will cooperate in every way with the smooth and normal
transfer to the newly appointed individual.
Section 3. Salary.
Beginning June 22/2009, City agrees to pay Employee a monthly salary at Step C of the salary
schedule ($8,161) payable at the same time and in the same manner as other employees of the City
are paid. The Employee shall be eligible for an increase to step D of the salary schedule ($8,485)
upon completion of a satisfactory evaluation 6 months alter start date.
Section 4. Performance Evaluation. .
The City Administrator shall review and evaluate the performance of the employee at least once
annually.
\
Section 5. Hours of Work. .
It is recognized that Employee must devote a great deal of time outside the normal office hours to
business of the City, and to that end Employee will be allowed to take compensatory time off as
Employee shall deem appropriate during normal office hours, so long as the business of the
department is not adversely affected. Work in excess of an average of forty (40) hours per week is
deemed part of the professional responsibility for which the Employee shall not be paid overtime but
for which he shall receive a minimum of five (5) days of administrative leave each year. Employee
will receive additional administrative leave if granted by the City Council in the Management
Resolution adopted each year.
Section 6. Automobile.
Employee's duties require that Employee shalf have the exclusive use at all times during
employment with the City of an automobile to carry out the business of the City. The City shall
provide an automobile for the Fire Chief to utilize for City business.
Section 7. Health, Welfare and Retirement.
Except as modified by this agreement, Employee shall be entitled to receive the same retirement,
vacation and sick leave benefits, holidays, and other fringe benefits and working conditions as they
now exist or may be amended in the future, as apply to any other department head, in addition to
any benefits enumerated specifically for the benefit of Employee as provided in this agreement.
Section 8. Dues and Subscriptions.
City agrees to budget and to pay for the professional dues and subscriptions of Employee necessary
for the continuation and full participation in national, regional, state and local associations and
organizations necessary and desirable for Employee's continued professional participation, growth
and advancement, and for the good of the City..
EMPLOYMENT CONTRACT - John Karns, Fire Chief
Page - 2
I
Section 9. Professional Development. .
A. The City hereby agrees to annually budget and allocate sufficient funds to pay the expenses
of the Fire Chiefs necessary travel and living expenses to represent the City at conferences
or meetings of national and state committees or commissions upon which the Fire Chief
serves as a member, said membership on said state commissions or committees being
subject to the approval of the City Administrator, and for such other official meetings or travel'
as are reasonably necessary for the professional advancement of the Fire Chief as
approved by the City Administrator
B. City also agrees to budget and to pay for the travel and subsistence expenses of Employee
for short courses, institutes and seminars that are necessary for his professional
development and for the good of the City.
Section 10. Professional Liability.
The City agrees that it shall defend, hold harmless, and indemnify the Fire Chief from all demands,
claims, suits, actions, errors, or other omissions in legal proceedings brought against the Fire Chief
in his individual capacity or in his official capacity, provided the incident arose while the Fire Chief
was acting within the scope of his employment. If in the good faith opinion of the Fire Chief, conflict
exists as regards to the defense of any such claim between the legal pos~ion of the City and the Fire
Chief, the Fire Chief may engage counsel, in which event, the City shall indemnify the Fire Chief for
the cost of legal counsel.
Section 11. Severance Pay.
A.. In the event of the involuntary termination of the Fire Chief during the term of this agreement,
or a successor agreement, he shall be entitled to receive a lump sum payment equal to six
(6) months aggregate salary and benefits. Termination by the City, as used in this
paragraph, means the Fire Chiefs discharge or dismissal by the Mayor with consent of the
City Council orthe Fire Chiefs resignation following a salary reduction greater in percentage
than an across-the-board reduction for all city employees, or the Fire Chiefs resignation
following a formal request to him by the City Council that he resign. Said sum shall be paid
to the Fire Chief within thirty (30) days of the next regular council meeting after said
termination.
B. In the event Employee is terminated because of his conviction of any crime involving moral
turpitude or illegal act involving personal gain to him, .then, in that event, City shall have no
obligation to pay the aggregate severance sum designated in Section 11.A.
Section 12. Other Terms and Conditions of Employment.
City shall, by amendments to this agreement, fix such other terms and conditions of employment,
from time to time, as it may determine, relating to the performance by Employee with the agreement
of Employee, provided such terms and conditions are not inconsistent or' in conflict with .the
provisions of this agreement.
EMPLOYMENT CONTRACT -John Karns, Fire Chief
Page-3
Section 13: Moving and Relocation Expenses
The City will pay expenses associated with moving Employee's household to Ashland in an amount
not to exceed $10,000'. Moving expenses include packing, moving, storage costs, unpacking, and
insurance charges for moving and'storing Employee's household goods. Moving expenses also
include actual lodging and meal expenses and mileage costs for moving two personal automobiles
and shall be reimbursed at the current IRS allowable rate while the employee is in transit. Moving
expenses shall also include actual lodging, meal expenses, and mileage (or airfare) for up to two
visits to Ashland for the Employee and family for the purpose of securing a permanent residence.
Finally, moving expenses may also include the actual costs for employee of securing temporary
housing, prior to moving into permanent housing, for up to two months:
Section 14: Severability. If any part, term, or provision ofthis agreement is held by the courts to be
illegal or in conflict with the laws of the State of Oregon, the validity of the remaining portions of the
agreement shall not be affected and the rights and obligations of the parties shall be construed and
enforced as if the agreement did not contain the particular part, term, or provision.
Section 15. PERS Pick-up. Employee contributions to the Public Employees' Retirement system
(PERS) shall be "picked up" by the City. Employee shall not have the option of receiving money
designated for retirement contributions and directly making the contribution to PERS. Employee's
reported salary for tax purposes shall be reduced by the amount of the employee's contribution to
PERS.
Dated this 0
day of May, 2009.
Barbara Christensen, City Recorder
John Stromberg, Mayor
Accepted this
6
day of May, 2009.
JOhe i(~
c
EMPLOYMENT CONTRACT - John Karns, Fire Chief
Page. 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Franchise Extension A~reement
May 19,2009 Primary Staff Contact:
City Attorney's Office E-Mail:
Administration Secondary Contact:
Martha Bennet Estimated Time:
Richard Appicello
Appicelr@ashland.or.us
Martha Bennett
Consent Agenda
Question:
Should the City Council extend the Charter Communications Franchise for one year to facilitate
negotiation of a new franchise agreement?
Staff Recommendation:
City Legal and Administration staffrecommend approval of the attached one year extension agreement
to facilitate negotiations.
Background:
The Charter franchise expires on June 30, 2009. In August 2005, in accordance with the Cable
Communications Act, Charter notified the City of its intent to renew its franchise with the City. A
public notice was published inviting written and oral comments on an extension. No written or oral
comments were received by the Council on the February 21,2006 public hearing date. In 2008 the
Council extended the existing agreement thirteen months to facilitate negotiations. Charter is
considered a draft franchise agreement at this time.
Related City Policies:
AMC Title 16.
Council Options:
(1) Grant a one year extension.
(2) Grant less than a one year extension.
Potential Motions:
Motion to approve attached Extension Agreement for Charter franchise
Attachments:
Extension Agreement
Page 1 of I
~~,
SECOND FRANCHISE EXTENSION AGREEMENT
~
WHEREAS, Falcon Cable Systems Company II, L.P. locally known as Charter
Communications ("Charter") currently holds a cable franchise with the City of Ashland, Oregon
("City"), dated February 5, 2004 ("Franchise"); and
WHEREAS, Charter's Franchise with the City was extended on May 20, 2008 and said
extension will expire on June 30, 2009; and
WHEREAS, Charter and the City have engaged in negotiations and Charter is currently
reviewing a draft franchise agreement; and
WHEREAS, the parties continue to reserve all rights under the formal procedures of
Section 626 of Title VI of the Communications Act of 1934, as amended, and do not waive any
rights related thereto; and;
WHEREAS, Charter has requested that the City further extend the existing franchise
while a new franchise continues to be negotiated; and
WHEREAS, it is in the public interest to further extend the current Franchise for an
"
additional period oftime so that cable service to the public will not be interrupted.
NOW, THEREFORE, the Charter Franchise Agreement shall be extended through June
30,2010 or until a new Franchise Agreement is negotiated whichever comes first.
APPROVED this _ day of
,2009
City of Ashland, Oregon
By:
Print Name:
Title:
ACCEPTED this _ day of
Falcon Cable Systems Company II, L.P.,
Ilk/a Charter Communications
By:
Print Name:
Title: President. Operations
Charter Communications Western Division
Charter Franchise Second Extension
5-19-09
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Brown & Caldwell Contract Amendment No 4 for Monitoring and
Testin~ at Reeder Reservoir
May 19, 2009 Primary Staff Contact:
Public Works E-Mail:
Finance Secondary Contact:
Martha Bennet Estimated Time:
Question:
Will Council approve the engineering services contract Amendment #4 with Brown and Caldwell for
$59,836 for engineering services to monitor and test source water supply at Reeder Reservoir?
Mike Faught (488-5347)
faughtm@ashland.or.us
Pieter Smeenk (552-2413)
Consent Agenda
Staff Recommendation:
Staffrecommends that Council approve the engineering services"contract Amendment #4 with Brown
and Caldwell for $59,836 for engineering services to monitor and test source water supply at Reeder
Reservoir. .
Background:
The City awarded a contract for the Water Treatment Plant Process Improvement project to Brown and
Caldwell on August 20, 2006. The project scope of work included a study of the treatment plant
process including an analysis of the source water. The source water portion of the work completed by
Brown and Caldwell indicated a need for the City to further study the source water quality impacts to
the treatment process (algae, high turbidity, cold water, etc.). To that end, the City Council approved
amendment #2 to the original contract which included a Reeder Reservoir Study on February 5", 2008.
Brown and Caldwell, in partnership with Aquatic Ecosystem Sciences LLC, an Ashland-based
environmental sciences firm, began sampling and analyzing water quality and sediment in the
reservoir. They also conducted detailed bathometric surveying which compared existing lake
bathymetry to earlier surveys. The Reeder Reservoir study resulted in a variety of recommendations to
improve source water quality overthe course of the next five years.
While the FY2009 budget includes funds for this project, adding additional work to the original
contract with Brown and Caldwell would exceed the 25% over the amount of the contract limit _
allowed in Ashland Municipal Code (AMe) 2.52.040 (B). Therefore, an extension of the contract with
Brown and Caldwell requires approval by the City Council.
Staff is recommending that the Council approve amendment #4 based on the fact that the scope of this
amendment consists of work substantially described in the earlier contract and is a continuation of that
;
contract which is consistent with AMC 2.52.040 (D), and Oregon Revised Statute ORS 279C.115.
Council Options:
. Councilmay approve the engineering services contract amendment
. Council may direct staff to make changes to the contract amendment
. Council may reject the contract amendment
Page 1 of2
~;.,
CITY OF
ASHLAND
Potential Motions:
. Move to approve the Engineering Services Contract Amendment #4 with
. Move to reject the attached Engineering Services Contract Amendment #4 with Brown and
Caldwell
. Move to modify the contract amendment.
Attachments:
Contract Amendment 4
Page 2 of2
~;.,
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals:
A The following information applies to this contract: .
CITY;CITY OF ASHLAND Consultant: BROWN AND CALDWELL
City Hall Address: 6500SW Macadam Avenue, Suite 200
20 E Main SI. PORTLAND OR 97239
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/977-6632
FAX: (541) 488-5311 , FAX: 503/244-9095
Date of this agreement: August 15, 2006 B: RFP date: April 7, 2006
Proposal date: May 18, 2006
2.2. Contracting officer Mike Faught. Public Works Director
2.4 ProJect: WTP Process Improvements
6. Consultant's representative: Robert F.Willis, PE
8.3. Maximum contract amount: NTE $25,000
B AMENDMENT NO.4
1. Modification to Section 5. Consultina Services.
In accordance with the existing scope of services in this contract, the following additional consu~ant services
are added as further defined in Exhibits A & B, attached
Item No. Description Amount
A (300) Project Management $ 7,582
D (330) Sampling Station $ 3,970
E (340) 'Inlet Stream Monitoring $ 3,675
F (320)' Reservoir Circulation Testing___________________ $ 11,246
G (360) Bi-Weekly Algae Sampling $ 10,304
H (370) Reservoir Nutrient Monitoring $ 23,059
Total I Amendment No 4'Total I $ 59:836
G \p'Ib-wrb\eng\06-02 wrpProcess Impr\A\B<'kC\ll.mend 4\2009-05-13\rmo::w\Amendment 4doc
2. Modification of Section 8. Pavment
8.3 Total payment under this contract shall not exceed the adjusted total contract amount of $701 ,314.
A
B.
C
D.
E.
Original Contract
Amendment No. 1
Amendment No 2
Amendment No. 3
Amendment No. 4
$25,000
237,337
73,000
46,988
59.836
442,161
Adjusted total contract amount
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Administrative Services/ Finance Director
Bryan Paulson
Printed Name
Its: Vice President
FedlD# 94-1446346
REVIEWED AS TO FORM:
By
REVIEWED AS TO CONTENT
By:
Legal Department Date:
Department Head
Coding:
Date
(For City use only)
J
,G\p',b-lIlrb\eng\06--02WTPProcess Impr\A\B&C\OI1l1end 4\2009-05-13\review\Amendmenl 4doc
AMENDMENT 4
CITY OF ASHLAND
WATER TREATMENT PLANT IMPROVEMENTS
REEDER RESERVOIR STUDY - PHASE II
EXHIBIT A
SCOPE OF SERVICES
In February 2008, Brown and Caldwell completed the Reeder Reservoir Study (Study) proposing a multi-year
plan to monitor and manage the water quahty of the Reeder Reservoir, with a special focus on algae
concentrations. The Study and plan were developed in response to the historic high algae concentrations
expedenced in 2007 in the reserVoII and the numerous compwnts, to the City of Ashland (City) regarding
potable water taste and odor received from Ashland residents.
The services to be provided under this amendment (Amendment 3) are based on the recomrnendations made
in the Study for the Fiscal year 2008-2009. They include collection of additional water quality data to help
validate or revise recommended long~term water management practice and upgrades. The servtcesin
Amendment 4 als~ include engineering design services for the upgrades planned for the resen~oir for the
fiscal year 2008-2009 and 3-month sampling for tiscal year 2009-2010.
The level of effort for these services is detailed in the Fee Estimate and Staffing Plan in Exhibit B. The level
of effort assumes project completion by September 31, 2009.
PHASE 300
PROJECT MANAGEMENT
/
TASK 100
PROJECT MANAGEMENT
The project management task is expanded to cover this ad~itiona1 Scope of services and the extended
duration of the project (approximately 12 months).
Objective. To assemble, manage, and lead a cohes,':'e project team to meet budget, schedule, and project
objectives.
Activities. The project management activitie s include updating the project management plan (PMP),
developing specific action plans to meet budget, schedule and quality expectations; and reporting the status of
the project to the City. Administration tasks include maintaining documents, preparing invoices, paying
subcontractors, paying for expenses, and rna.1ntalOlng Cllfcent certificates of insurance. I\1anagernent tasks
also include conducting revie\Vs of all deliverables and cost estimates by senior staff and outside experts, as
applicable.
Deliverables. The deliverable; for this task include:
. PMP and updates
. Project meeting agendas and'minutes (two meetings)
. Monthly Invoices
. Schedule updates
. Final Report slllIll1mllzing findings and recommendations
-
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Page 1 of 3
PHASE 340
REEDER RESERVOIR STUDY
TASK 300
RESERVOIR NUTRIENTS MONITORING
. Objective: To moni tor nutrient concentrations
Activities. Sampling and analysis of ten water samples taken from the ,"vater reservoir, S<unples will be take~l
from The reservoir every 2 week." bctwccnJuly ,l1ld,?:'Jovcmbcr of200R. (fhts cnntr,lCt. includes compensation
for dle sampling and analysis perfonned between July and September 2008.)
Deliverables. The deliverables lor this task include:
. Data collected and compared widl dle data obtained during dle Reeder Reselvoir Study Report
(Drown and Caldwell, Febmary, 2008).
PHASE 380
CIRCULATION EQUIPMENT
TASK 200 AND 300
Assumptions. Enough data "'<IS available by the end of -"Iovember 2008 to detennine dle eHlcacy of dle
ins taIled eqlifpnlent on improving the water Qlla1ity in the reservoir.
Deliverables. The deliverabtes lor this task include:.
. Removal and final closeout billing of SolarDee equipment.
TASK 400
ESTABLISHING PERMANENT SAMPLING STATION
Objective. To establish pelmanent sampling potnt lor long-te1m monitonng dle water quality at the intake.
Activities. Set buoy at sampling location, prav'ide testing equipment, and train City personnel on the "vater
sampling and testing.
Assumptions. It is assumed d,at dle buoy will be located approximately 11)0 feet upstream of dle \\'1'1' intake
;md that City pCr5fJI1ucl \viII c('>Ilduct tlic sam.pIing arid analysis ,lftcr ~lpr)f()priatc training. TIlC anticip,itcd
sampling plan will include retrieving samples at three or lour diflerent depths of dle water column and
analyzing water temperature. pi-i, dissolved oxygen. and turbidity.
Deliverables. 'fhe deliverahles tor thi< ta<k include:
. Sampling and testing equipment.
. TI:l. dcscribihg salnpling ',lIld testing PFntncnl.
TASK 500
MONITORING OF STREAM NUTRIENT CONTRIBUTION
Objective. 'fa evaluate role of the twO main tributaries to the nutrient content of the reselvoir both on J.
seasonal and annual basis.
Activities. Collect and atialyze one water sample from eaell of the two main tributaries from.luly 2008
through July 2009 every 2 week.< (60 s:unplc, tot,iI). TIle test, will include the following aJ!aly,t,:'
Assumptions. It is assumed dlat dle City will continue on dlis 1l1onitoriilg efloft until 2010.
Deliverables. The deli,'erahles lel( this task include:
-
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Page 2 oi 3
. Sampling and testing data report.
TASK 700
MONITORING SURFACE ALGAE CoNCENTRA lIONS
Objective. ']'0 start monitoring program to evaluate sudace alg.~e concentration at the dam and WTP intake.
Activities. Collect and analyze twO sets of monu-.Jy water samples, one trom ule dam walkway and one trom
the \VfP imake tromJune 2009 to September 2009 (16 s;llllples tnt'll).
Assumptions. The contract will include pa}111ent for ule sampling and analysis conducted in August and
Septemuer of d;i, year ($11,000).
Deliverables. '],he deliverahles for this task include:
. . Sampling and analysts report with presentation of any ident"lfied trends.
. Tminulg ofC:ity staff nn sam.pIc collection.
-
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Page 3 oi 3
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CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
A Public Hearing and Resolution Adopting a Supplemental Budget Establishing
Appropriations within the 2008-2009 Bud~et
May 19,2009 Primary Staff Contact: Lee Tuneberg
Administrative Services E-Mail: tuneberl@ashland.or.us
Admin., Public ks Secondary Contact: None
Martha Bennet Estimated Time: 15 minutes
Question:
Should Council approve a resolution adjusting the FY 2008-2009 Budget to create appropriations and
authorize expenditures for unanticipated expenses during this year?
Staff Recommendation:
Staff recommends approval of the attached resolution.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
I. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the overall.
budget. This is approved by a City Council resolution.
2. A supplemental budget ofless than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process..
This process includes a notice in the paper and a public hearing.
A supplemental budget is needed to adjust the FY 2008-2009 budget.
This is the fourth supplemental budget of this fiscal year. It is for the items on the attached resolution,
described as follows:
A. To recognize a $5,000 grant received and dedicated to Pedestrian Safety outreach programs
funded in the Street Fund.
B. To recognize a FAA $50,000 grant received and dedicated to the pavement overlay and
approach lighting replacement at the Airport. This project is being funded and managed.
through the City's CIP program. This amount is for preliminary engineering work and the
remaining grant amount will be included in the FY 20 I 0 budget.
C. To recognize the receipt of a $60,000 grant to be used on electric conservation programs.
Attached is a resolution for your approval. The recommended changes in the budget are explained after
each request.
Related City Policies:
Compliance with Oregon Budget Law
Page 1 of2
~;.,
CITY OF
ASHLAND
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
I make a motion to approve the attached resolution adopting a supplemental budget for FY 2008-2009
for the purposes specified.
Attachments:
Resolution adopting a supplemental budget establishing appropriations within the 2008-2009 budget
Legal notice
ACT Mini-grant agreement requiring supplemental
Electric memo recommending supplemental for Conservation
Public Works memo recommending supplemental for airport
Page 2 of2
~;.,
RESOLUTION NO. 2009-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIATIONS WITHIN THE 2008-2009 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing the following additional
appropriations:
Street Fund
Appropriation: Street Operations - Materials and Services
$5.000
$5.000
Resource: Intergovernmental Revenues
$5.000
$5.000
To recognize a $5,000 grant received and dedicated for the pedestrian Safety.
Capital Improvement Fund
Appropriation: Capital Outlay
$50.000
$50.000
Resource:
Intergovernmental Revenues
$50.000
$50.000
To recognize the receipt of a grant from FAA for pavement overlay and
approach lighting replacement at the airport.
Electric Fund
Appropriation:
Electric - Conservation - Materials and Services $60.000
$60.000
Resource:
Intergovernmental Revenues
$60.000
$60.000
Page I of2
To recognize a $60,000 grant received and dedicated to be spent on the Electric conservation
program.
TOTAL ALL FUNDS
$115.000
$115.000
SECTION 2. All other provisions of the adopted 2008-2009 BUDGET not specifically
amended or revised in this Supplemental Budget remain in full force and effect as stated therein.
SECTION 3. This resolution was duly PASSED and ADOPTED this _ day of February,
2009: and takes effect upon signing by the Mayor.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of May, 2009:
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 2 of2
Notice of Public Hearing for a Supplemental Budget
A Public Hearing will be held for a proposed supplemental budget for the City of Ashland,
Jackson County, State of Oregon, for the fiscal year July 1, 2008 to June 30, 2009 at the Civic
Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on May 19,
2009, at 7:00 p.m. A copy o(the supplemental budget document may be inspected or obtained
on or after May 12, 2009 at the Administrative Services Department, 20 East Main, Ashland,
Oregon 97520 between 8:30 a.m. and 4:30 p.m.
A summary of the supplemental budget is presented below.
Resources Requirements
STREET FUND
Intergovernmental Revenues
Street - Operations
$
5,000
TOTAL STREET FUND
To recognize the receipt of a grant for the pedestrian Safety
for outreach campaigns.
$
$
5,000 $
5,000
5,000
CAPITAL IMPROVEMENT FUND
Intergovernmental Revenues
Capital Outlay
$
50,000
TOTAL CAPITAL IMPROVEMENT FUND
To recognize the receipt of a grant from FAA for pavement
overlay and approach lighting replacement at the Airport.
$
$
50,000 $
50,000
50,000
ELECTRIC FUND
Intergovernmental Revenues
Electric - Conservation
$ 60,000
$
$ 60,000 $
60,000
60,000
TOTAL ELECTRIC FUND
To recognize the receipt of a grant to be spent on electric conservation.
TOTAL ALL FUNDS
$ 115,000 $
115,000
H:\ShiptetDlCouncil\Councit Communication\2009\May 18 and t9\051909 Supplemental
Budget.atch2.doc
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~I
OREGON
Alliance for Community Traffic Safety
BUILDING SAFER COMMUNITIES MINI-GRANT AGREEMENT
THIS AGREEMENT is'made and entered into by and between Alliance for Community Traffic Safety,
hereafter referred to as ACTS OREGON. City of Ashland Public Works Department hereafter referred to as
Agency.
RECfY ALS
I. ACTS Oregon. an Oregon non-profit corpomtion has received funds from the Oregon Department of
Transportation. Transportation Safety Division (TSD) for distribution to Oregon local governments and Oregon
non-profit 5ofc3 corpomtions for use in promoting transportation safety. Funds granted to local organizations
by ACTS Oregon from these TSD sourced funds are subject to restrictions and conditions as if they had
originated from TSD. .
2. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into agreements with
units of local government or other state agencies for the performance of any or all functions and activities that a
party 10 the agreement, its officers, or agents have the authority to perform. The spirit of cooperation and
coordination detailed in these statutes represent the intention of TSD in providing funds to ACTS Oregon for
distribution.
3. Under the authority and direction granted through in ORS 802.300 through ORS 802.340, TSD has
provided funds for distribution to ACTS Oregon.
4. ACTS OREGON and agency agree that the principal purpose of this agreement is to develop and carry
out the Building Safer Communities mini-grant as described in Statement ofWorle.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and
between the parties hereto as follows:
YERMS OF AGREEMENT
I. Under such authority. ACTS OREGON wishes to retain the services of Agency to perfonn the work as
outlined on Exhibit . A," attached hereto and by this reference made a part hereof. Payment for said services
shall not exceed a maximum amount ofS5000.00 in fedeml funds.
2. The worle is to begin upon execution of the agreement by all parties and be completed no later than
September 30th, 2009.
AGENCY OBUGA TIONS
I. Agency shall perfonn the worle described on Exhibit A.
8059 SW CilTUS Dr. 1 Beavenon, Oregon 970081503-643-5620 fax: 503-643-56801 www.actsoregon.org
J
2. Agmcy shall submit reports and billings to ACTS OREGON arriving at ACTS OREGON no later than
June 30th and September 30th, 2009. These bills must reflect 100% of the actual costs and work accomplished
during the billing period. Claims that arrive late for the first billing period may be held until September 2009. W.
may not be able to relmburM clalma If not recetved by September 30, 2009 deadline.
3. Agency shall not enter into any subcontract for any of the work scheduled under this agreement without
obtaining prior written approval from ACTS OREGON.
4. Agency agrees to comply with all federal, state, and local laws, regulations, executive orders and
ordinances applicable to the work under this agreement. including. without limitation. the provisions of ORS
279B.020, 279B.220. 279B.225, 2798.230. and 279B.235. WHICH HEREBY ARE INCORPORATED BY
REFERENCE. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i)
Tille VI of Civil Rights Act of 1964; (ii) Section V.ofthe Rehabilitation Act of 1973; (Hi) the American with
Disabilities Act of 1990 and ORS 659.425; (iv) all regulations and administrative rules established pursuant to
the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation
statutes, roles and regulations.
5. Agency shall perform the service under this agreement as an independent contractor and shall be
exclusively responsible for all costs and expenses related to its employment of individuals to perform the work
under this agreement, including but not limited to PERS contributions, workers compensation. unemployment
taxes and slate and federal income tax withholdings.
ACTS OREGON OBLIGATIONS
I. In consideration for the services performed. ACTS OREGON agrees to pay Agency a maximum amount
of 55000.00. ACTS OREGON shall reimburse claims by Agency within 30 days if received by ACTS
OREGON on or before the 511l of the month. Late claims may have to wait until the next billing period.
2. ACTS OREGON certifies. at the time this agreement is executed, that sufficient funds are available and
authorized for expenditure to finance costs of this agreement based on ooors current appropriation or
limitation of current biennial budget.
PROJECT MANAGERS:
Authorizing Official: Martha J. Bennett. City Administrator
Contact Pel!lOn: Nancy Slocum. Accounting Clerk I
GENERAL PROVISIONS
1. Agency. its subcontractors. if any, and all employers working under this agreement are subject
employers under the Oregon Workers Compensation Law and shall comply with ORS 656.017. which requires
them to provide workers' compensation coverage for all their subject workers.
2. This agreement may be tenninated by mutual written consent of both parties upon 30 days notice.
2
,
AGENCY ADDRESS &: TELEPHONE
City of Ashland Public Works Department
20 E. Main St.
. Ashland, OR 97520
541.488.4487
Exhibit A
Statement or Work
Agency Obligations:
The following assignments will be perfonned during effective agreement dates.
I. Hire graphic designer to develop pedestrian safety campaign identity, based on
NHTSA and/or Transportation Safety Division media.
2. Purchase supplies to include pens, stickers, flashlights, and blinking lights
with campaign identity on them.
3. Host a minimum of two outreach presentations during events such as student
orientation. residential hall meetings, and on-campus health fair.
4. Submit data on how many events held and attendance at events.
5. Communicate at least quarterly and schedule site visit with grant manager at
ACTS Oregon.
6. Submit requests for reimbursement and final evaluation report by September
30,2009
Exhibit B
Budget
Mini-Grant Funds
Local Matching Funds
$3050.00
5500.00
5800.00
$1950.00
55000.00
51300.00
.MUlIt be new or overtime
.. Value volunteer boun at 525.00 (based on tbe state standard). If your agency or organization uses
a different value, plea.se Indicate tbe value.
4
ACTS OREGON may terminate this agreement effective upon delivery of written notice to Agency, or at such
biter date as may be established by ACTS OREGON, Wlder any of the following conditions, but not limited to
these conditions. . ,
a. If Agency fails to provide services called for by this agreement within the time specified herein
or any extension thereof.
b. If Agency fails to perform any of the other provisions of this agreement, or so fails to pursue the
work as to endanger performance of this agreement in accordance with its terms, and after
receipt of written notice from ACTS OREGON fails to correct such failures within 10 days or
such longer period as ACTS OREGON may authorize. Any termination of this agreement shall
not prejudice any rights or obligations accrued to the parties prior to termination.
c. If ACTS OREGON fails to receive funding. or appropriations. limitations or other expenditure
authority at levels sufficient to pay for the work provided in the agreement.
3. Agency acknowledges and agrees that ACTS OREGON, the Secretary of State's Office of the State of
Oregon. the federal government, and their duly authorized representatives shall have access to the books,
documents, papers, and records of Agency which are dim:tly pertinent to the specific agreement for the purpose
of making audit, examination. excerpts, and transcripts for a Period of three years after final payment. Copies
of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by
ACTS OREGON.
4. It is understood and agreed that the activity covered in this agreement is undertaken under the authority
of Section 402, Title 23, United States Code, and is subject to the administrative regulations established by
Federal guidelines including Circulars A-SJ and A~ I 02 and are hereby attached as Agreement and Auurances
and incorporated by reference with the same force and effect as if they were given in full text.
5. This agreement and attached exhibits constitute the entire agreement between the parties on the subject
matter hereof. There are no understandings. agreements. or representations, oral or written. not specified herein
regarding this agreement. No waiver, consent, modification or change of tenns of this agreement shall bind
either party unless in writing and signed by both parties and all necessary approvals have been obtained. Such
waiver, conSent. modification or change. if made, shall be effective only in the specific instance and for the
specific purpose given. The failure of ACTS OREGON to enforce any provision of this agreement shall not
constitute a waiver by ACTS OREGON of that or any other provision.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year
hereinafter written.
AGENCY . . ~
C /~
Print Name: ,:;?;TSignature: ~ - #
ALLIANCE OR COMMUNITY TRAFFIC SAFETY
Ruth Harshfield, Executive Director Signature:~ ~,
Date:~~
Date:;}' .:;;c:..()1)
3
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
SUBJECT:
May 6, 2009
Mike Faught
Pieier Smeenk
PW Project #08-62 .
FAA AtP Grant for Pavement Overlay & Approach Lighting Replacement
Request for FY2009 Supplemental Budget Appropriation
In response to your request today, please submit this memo to Finance requesting that up to
$50,000 of the funds currently budgeted for FY201 0 forthe Airport AlP Project is made
available io spend before June 30, 2009 in order to begin the engineering design work required.
The RFP for this work has been advertised and proposals are due by May 15, 2009. We
anticipate that the contract will be approved and awarded by June 8''', and plan to expedite the
engineering design at that point in order to meet the schedule required by the grant.
All design and construction costs associated with project will be reimbursed on a 95% basis by
the FAA upon invoicing for payment. The project is anticipated to cost $125,000 to engineer and
$1.000.000 to construct (see attached 2010 CIP budget description).
Please let me know if this memo contains the information your need to process this request, and
feel free to give me a call if you need any further detail.
Public Works Engineering
20 E. Main Street
Ashland, Oregon 97520
WNW,ashland,oLus
Tel: 541/486-5347
Fax;541~~OO6
TrY: 8001735-2l;OO
~4.
...11
G;\pub-wrks\eng\08.62 Airporl AlP Projecl\A_Admin\2009-OS..Qe memo to ~ike.doc
cap;~lll7lp~ver.nentpJan
TITLE: A1R~ORT IMPROVEMENTS (AlP) FAA GRANT
PROJECT TYPE: AIRPORT IMPROVEMENT
RESPONSIBLE DEPARTMENT: Public Works Department 1 EngIneerIng Division
Funding Sources:
$ 16,250
$ 40,000
$1.068.750
$1,125.000
"Soft Match"
FAA Entitlement Grant
FAA/AlP Grant
Project Cost by Budget Year:
2010
2011
2012
2013
2014
2015
Total
$ 125,000
$ 1.000,000
$ 1.125.000
Project Description:
All major aviation related improvements at
Ashland Municipal Airport have been funded
through FAA grants, either through AlP or
non-primary entitlement grants. Additional
grants have been provided from the Oregon
Department of Aviation (ODA) in the fonn
ofFAM grants. The AlP grants provide 95%
of funds for all large projects. The Airport
generally schedules an AlP project at 5-year
intervals. The next AlP project is scheduled
for FY I 0-11 and includes a full structurnl
overlay of runway 12130 and a replacement
of the existing V ASI system (Visual
Approach Slope Indicator). The engineering
design will be funded in FYIO with the
actual construction to take place in 20 II. If a
F AM limnt (Federal Aid to Municipalities) is
offered in either 20 10 or 20 II, it will be
applied Iowan! the City's required 5% match
(theie is no match requirement with F AM
grants). Additional match funds can be
provided through staff labor and expenses in
the fonn ofa "soft match" and/or from
, unused non-primary entitlement funds.
city of ash/and 04-2
CITY OF
ASHLAND
Memo
DATE:
TO:
FROM:
RE:
Apri129,2009 iEl2
Lee Tuneberg
Dick Wandersche' ;..-
Supplemental bu increased Conservation funding
l,
Every ycar the City receives a discount (Conservation Rate Credit) on our wholesale power bill which
must be spent on qualifying conservation or rencwable encrgy activities or it must be paid back to the
Bonneville Powcr Administration (BP A). After the moncy is passed through to Ashland citizens and
businesses we report these activities to BPA via a Web based reporting system. Once we have spent
cnough dollars to satisfy the discount amount, we can then fund additional activities and get reimbursed
for them, plus administration costs from BP A, under our Conservation Acquisition Agreemcnt(CAA) we
have with BPA. .
This year we have expended our discount amount and now are getting reimbursed for these activities
under the CAA. We just requested an additional amount of CAA funds for the current Federal Fiscal
year and BPA has approved an additional $150,000 available for spending through September 30.2009.
We feel we can bill BPA for $60,000 under CAA during the remainder of this City Fiscal year (FYOS-
09). Therefore we are requesting additional $60,000 be added to our Electric Conservation Budget when
you request approval of a supplemental budget on May 19,2009. This will ensure enough funding in our
city budget to fund these activities which will then be reimbursed by BP A thereby allowing BP A to fund
this additional Conservation.
Let me know if this memo provides adequate information to process this request. Please feel frec to give
me a call if you nced further details or have questions about this request.
E_Oept.
90 N Mounlain Sl
Ashland. Oregoo 97520
www.ashlaOO.or.us
Tet541-'88-5357
Fe:< 541-5522436
TTY: 800-135-2000
~i.'
CITY OF
ASHLAND
Council Communication
Request for a Noise Variance by ODOT for Ni~ht Work on 1-5
Meeting Date:
Department:
Secondary Dept.:
Approval:
May 19,2009
Public Works Engineering
Same
Martha Benne
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
Mike Faught
fau ghtm(@,ashland.or.us
Karl Johnson
15 Minutes
Question:
Will Council grant the Oregon Department of Transportation (ODOT) a variance to the City noise
ordinance that will allow night work on Interstate 5 between Milepost 11.45 and I9.09?
Staff Recommendation:
Staffrecommends approval of the ODOT request for a variance to allow night operations, including.
noise from an asphalt grinder and other construction equipment, for an approximate three week time
frame on Interstate 5 between Milepost I 1.45 and 19.09 during the construction period from May to
September 2009.
Background:
The attached letter from ODOT provided details on the request that the City Council grant a noise
variance for a period of required night work during the construction project on Interstate 5 between
Milepost 11.45 and 19.09. ODOT's night work consists of three weeks of asphalt grinding and paving
to resurface the existing lanes as part of the American Recovery & Reinvestment Act. An area map is
attached.
Related City Policies:
AMC Section 9.08.l70A establishes acceptable noise levels within the City limits. It states that:
9.08. I 70A No p,erson shall make, assist in making continue, or cause to be made any loud
disturbing or unnecessary noise which either annoys, disturbs, injures or endangers the
comfort, repose, health, safety or peace of others.
9.08.170BThe standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person with ordinary sensibilitics after taking into consideration the
character of the neighborhoods in which the noise is made and the noise is heard.
9.08.170C Any source of noise which exceeds the following standards is considered a public
nlllsance:
1. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50 - 50DBA L50 - 45 DBA
LlO - 55DBA LlO - 50 DBA
Ll - 60 DMA Ll - 55DBA
Where:
L50 = noise level exceeded 50% of the time
LlO = noise level exceeded 10% of the time
L I = noise level exceeded I % of the time
Page 1 0[2
~;.,
'\
CITY OF
ASHLAND
Under Section 9.08.170C(5) the Council is authorized to grant a variance to the Decibel Noise
Standards when it finds that strict compliance with the ordinance would cause an unusual and
unreasonable hardship to a commercial or industrial use.
Council Options:
Council may grant approval of ODOT's request for a variance to allow night operations, including
noise from an asphalt grinder and other construction equipment, for an approximate three week time
frame on Interstate 5 between Milepost 11.45 and 19.09 during the construction period from May to
July 2009.
Council may decline to grant a variance for. ODOT's night operations for this project. As such, ODOT
would need to require the contractor to do all work during daytime hours which could delay the
completion of the project. Daytime construction would also significantly affect traffic on Interstate 5,
causing delays and potentially adding traffic to local streets as traffic detours around the construction
zone.
Potential Motions:
I. Move to approve ODOT's request for a variance to allow night operations, including noise from
an asphalt grinder and other construction equipment, for an approximate three week time frame on
Interstate 5 between Milepost 11.45 and 19.09 during the construction period from May to July
2009 as recommended by staff; or
2. Move to deny ODOT's request for variance; or
3. Move to grant ODOT's request for variance to the noise ordinance with other qualifying
statements.
Attachments:
I. ODOT's letter of May 5, 2009.
. 2. Project Map
)
Page 2 of2
".11
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_ 12!.~~~
Rogue Valley Area Office
100 Antelope Road
White City, Oregon 97503
(541)774-6394
(541)774-6349
TrY (541)601-4641
May 5, 2009
File Code:
Michael Faught, Public Works Director
City of Ashland
51 Winburn Way
Ashland, OR 97520
Re: Request for Noise Ordinance Variance
I -5 Ashland Paving
(Stimulus Project)
Dear Michael,
To act in accordance with state and federal rules requiring compliance with local rules and
ordinarices. The Oregon Department of Transportation (ODOT) is requesting that the City of
Ashland grant a variance to Ordinance 9.08.170 "Unnecessary Noise.'
. The variance is being requested for the 1-5 Ashland Paving stimulus project, which will have
significant impacts to traffic on Interstate 5, and indirect impacts on city roads. Allowing
construction activities to occur at night rather than during peak daytime traffic volumes would
reduce the overall impacts to traffic. .
The project is a grind/inlay on Interstate 5 beginning at MP-ll.45 to MP-19.09 (northbound),
and beginning at MP-15.02 to MP-19.09 (southbound). The project limits are within an area
where buildings are primarily commercial use. Some private homes are adjacent to the project
work area. It should be noted that there are some motels within the project area.
To reduce noise impacts for night work, ODOT is incorporating nighttime noise restriction and
monitoring in the project contract. These conditions are identical to the contract language
used in the recent North Medford Interchange project. This method of noise reduction and
monitoring was very successful especially considering the proximity of homes, commercial
businesses, and the Rogue Regency Inn.
The construction project duration is anticipated to last no more than four months
(approximately June through September 2009). During the course of construction there will
be several times that ODOT will require the contractor to work at night to reduce impacts on
daytime traffic. Nighttime work and noise variances durations will be known once ODOT
awards the contract, and the contractor provides a detailed schedule of activities. ODOT will
provide the city with information when nighttime work will occur.
The approval of a noise variance is necessary prior to completing the project contract. Having
the conditions of the variance in the contract language will affect the performance of the
contractor.
If you have any questions please call me, 774-6394.
Sincerely
qocyt1LRfL~CLN
Jayne Randleman, Project Leader
Oregon Department of Transportation
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JDElP AR TMENT OlF TRANSlPOR T ATION
PLANS FOR PROPOSED PROJECT
PAVING
1.5. ASHLAND PAVING
PACIFIC HIGHWAY
JACKSON COUNTY
APRIL 2009
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Adopted 8y The Oreoon utmty NotIfication
Center. Tho5e Rl.Iea Are Sot Forth tn
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These plans were developed using OOOT design standards.
Exceptlol'l8 to these standards, If any. haw been submitted
and approved by the OOOT ChIef Engineer or their CWegated
BUthorily.
ApprovIng Authori'Y'
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ConOJl'T1lflCS by ODOT ChIef Engineer
OREGON TRANSPORTATION COMMISSION
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~. :
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ashland Sanitary Services Co., Inc. Rate Increase
May 19, 2009 Primary Staff Contact: Ann Seltzer
Administration E-Mail: seltzera(@ashland.or.us
None Secondary Contact: None
Martha Benne Estimated Time: 10 minutes
Question:
Does the Council authorize a 7.7% i crease for residential, commercial and medical waste services
provided by Ashland Sanitary Services Co., Inc?
Staff Recommendation:
Staff recommends approval.
Background:
The City of Ashland entered into a franchise agreement, Ordinance 2682, with Ashland Sanitary
Services Co., Inc. in 1990 and extended the agreement in 1998.
Three rate increases have occurred since 1990: a 10% increase in 1995, a 7.2% increase in 2004 and a
9% increase in 2008. In 1995 the City Council asked that customers not be given a discount for each
additional trash can as a means of encouraging people to recycle.
Section 9 of Ordinance 2582 states "Ashland Sanitary Service Co., Inc. shall have the right each year
to present to the City Council a petition for an increase in rates based upon an increase in the cost of
rendering solid waste disposal services to the citizens of the City of Ashland".
In a letter to City Administrator Martha Bennett (attached) dated April 10, 2009 Ashland Sanitary
Service Co., Inc states"... We also have to absorb a tipping fee increase from Dry Creek Landfill of
15.95%. We are no longer generating any income from our single stream recycling or cardboard
routes. Weare absorbing one half the transportation costs of sending our single-stream recycling to
the sorting facility in Clackamas. These conditions are due to the overall downturn of both domestic
and foreign commodity markets and there is little relief in sight..."
Ashland Sanitary is requesting a 7.7% rate increase to offset an increase in recycling costs and an
increase in tipping fees at Dry Creek Landfill. Ashland Sanitary is not proposing an increase to the
discount programs.
The City of Ashland receives 5% of the franchise holder's gross receipts. At the current rate, the City
receives approximately $136,250 per year from Ashland Sanitary Services Co., Inc. A 7.7% increase
will generate approximately $145,500.
Ashland Sanitary Services Co., Inc would like to implement the new rates July I.
Related City Policies:
Ordinance 2582
Page I of2
~;.,
CITY OF
ASHLAND
Council Options:
Approve the rate increase.
Do not approve the rate increase.
Potential Motions:
I move to approve make a 7.7% increase for Ashland Sanitary Services Co., Inc.
I move to
Attachments:
. Letter of request from Ashland Sanitary Services Co., Inc
. Rate comparisons with proposed rates
. Recycle update
. Discount programs (no increase)
. Description of cost increases
. Rate comparison with other waste disposal agencies
Page 20f2
~;.,
.JJ..s!i{ana Sanitary Service Co., Inc
170 Oak Street. Ashland, Oregon 97520. (541) 482-1471
April 10th 2009
Martha Bennett
City of Ashland
City Hall
20 E Main Street
Ashland, Oregon 97520
Dear Ms. Bennett:
Due to the turbulent ec.onomic times, Ashland Sanitary Service is requesting a
cost of operation increase of 7.7%. Section 9 of Ashland Sanitary's franchise agreement
provides that "Ashland Sanitary shall have the right to present to the City Council a
petition for an increase in rates based upon increases in the cost of rendering solid waste
disposal service to the .citizens of Ashland."
Thisrate proposal is due to the inflationary pressures of 2008, and overall costs.
We.also have to absorb a tipping fee Increase from Dry Creek Landfill of 15.95%. We
are no longer generating any income from our single stream recycling or cardboard
routes. We are absorbing one half the transportation costs of sending our single-stream
recycling to the sorting facility in Clackamas. These conditions are due to the overall
downtuni of both domestic and foreign commodity markets and there is little relief in
sight. However, we are committed to providing the best and most comprehensive
recycling service possible. In 2008, we added plastic bags and shrink wrap at the
Recycle Depot as a pilot project. We had a 2 day "all plastics accepted" event at the
Transfer Station. We started recycling ALL electronic devices at our Transfer Station
back in July, well ahead of the January 1,2009 state mandate. With the generous support
of the Conservation Commission, we continue to recycle, at no charge to residential
customers, fluorescent light tubes and CFL's at the Recycle Depot.
Included with this letter, please find appendices detailing our recycling cost and
tipping fee increases, a rate sheet showing the current rates and the proposed new rates,
our Recycling and Green Debris Programs, a summary of our discount programs, and a
price comparison of other Southern Oregon haulers. .
Please note tllat we are not proposing any increase for tllose customers lIsing ollr pre-
paid bag or sticker program.
Thank you for your consideration in this matter. Russ and I will be available to
meet with you and provide any additional information that may be helpful in your review.
Respectfu1ly,
G Rigotti and Russell K. Chapman
I" ~/~
7.7% Appendix 1
Ashland Sanitary Service
Ashland City Rates
Monthly Residential Rates
1 Can
2 Cans
3 Cans
4 Cans
Extra Can
Extra Small Bag
Current
$15.42
$30.84
$46.26
$61.68
$4.68
$2.33
Proposed'
$16.61
$33.21
$49.82
$66.43
$5.04
$2.51
Miscellaneous Rates
Senior Bags
Stickers
Yard Debris
Commercial Compost
Not on Service 1 st Can
Addition no service cans
No Proposed Increase
Current Proposed
$23.37 $23.37
$35.05 $35.05
$5.25 $5.65
$5.25 $5.65
$10.52 $11.33
$4.68 $5.04
Medical Waste Rates Current Proposed Appliance Rates Current Proposed
1 Gal Sharps Container $14.02 $15.10 Per Item First Two . $10.90 $11.74
2 Gal Sharps Container $21.04 $22.66 Additional Items $5.45 $5.87
15 Gal Sharps Box $19.86 $21.39
34 Gal Sharps Box $39.73 $42.79
1 Yard Container Current Proposed 1 1/2 Yard Container Current Proposed
Once Weekly $78.40 $84.44 Once Weekly $87.41 $94.14
Twice Weekly $129.18 $139.13 Twice Weekly $149.74 $161.27
Three Times Weekly $179.95 $193.81 Three Times Weekly $206.94 $222.87
Four Times Weekly $230.72 $248.49 Four Times Weekly $269.27 $290.00
Five Times Weekly $281.48 $303.15 Five Times Weekly $327.76 $353.00
Six Times Weekly $332.25 $357.83 Six Times Weekly $387.53 $417.37
Extra Service $26.99 $29.07 Extra Service $29.56 $31.84
2 Yard Container
Once Weekly
Twice Weekly
Three Times Weekly
Four Times Weekly
Five Times Weekly
Six Times Weekly
Extra Service
Current
$111.82
$195.37
$278.92
$363.10
$447.29
$529.55
$37.28
Proposed
$120.43
$210.41
$300.40
$391.06
$481.73
$570.33
$40.15
Compactors
1 to 4 Yard Rear Load
15 Yard Drop Box
20 Yard Drop Box
25 Yard Drop Box
30 Yard Drop Box
Current . Proposed.
$25.00 $26.93/YD
$299.72 $322.80
$370.40 $398.92
$441.10 $475.06
511.8 $551.21
Drop Boxes
25 Yard Box
10 Yard Box
40 Yard Box
Daily Rental
Relocate Fee
Bic-Mass
25 Yard
10 Yard
Daily Rental
Current Proposed
$264.37 $284.37
$157.74 $169.89
$422.92 $455.48
$10.90 $11.74
$27.25 $29.35
Current Proposed
$161.25 $173.67
$87.64 $94.39
$10.90 $11.74
Appendix 2
AsfiCand Sanitary Service Co., Inc
170 Oak Street. Ashland, Oregon 97520. (541) 482-1471
Green Debris Program
In 2007 Ashland Sanitary recycled 2107 tons of yard waste
In 2008 Ashland Sanitary recycled 2300 tons of yard waste
That is a 9% increase and 23% of customers participate in the program
Curb Side Recycling and Cardboard
In 2007 Ashland Sanitary recycled 3980 tons
In 2008 Ashland Sanitary recycled 3826 tons
That is a 3.9% decreas.e and 85% of customers participate in the program
Tonnage to Dry Creek
In 200723,745 tons were taken to Dry Creek Landfill
In 200821,381 tons were taken to Dry Creek Landfill
That is a 10% decrease .
Tipping Fee Increase: $5.55 per ton. From $34.80 to 40.35 per ton.
Approximate cost increase of $120,000 per year
Facts on Recycling
Revenue
In 2007 Revenue was $122,000
In 2008 Revenue was $98,000
As of No v, 1 2008 we are now paying $27.50/ton to process our commingle
recycling. This is a cost of approximately $82,000 per year until the markets
improve. This is a turnaround of approximately $170,000 a-year. The tipping
fee to Dry Creek will be an additional $120,000 a year. The recycling costs &
tipping fee increases will be an additional $290,000 a year. These external costs
of approximately 7.7% we have no control over.
Appendix 3
AsfiCancf Sanitary Service Co., Inc
170 Oak Street. Ashland, Oregon 97520. (541) 482-]471'
Discount Programs
No Increase
Pre-Paid Bags - This program is for customer's who do not need regular weekly service.
These are pre-paid bags purchased at .our office at 170 Oak St, Ashland. They come in a
package of five: The bags are bright yellow so the driver is able to see them. Customers
that live inside the city limits currently pay $23.37. Customers need to set out their trash for
pick up on the same day as your area's trash pick-up by 7:00 am. In 2008, we sold] ,330
bags.
Sticker customers - The sticker program is for customers that do not generate large amounts
oftrasp. The stickers are pre-paid and must be jlurchased at our office. Customers that live
inside the city limits pay $35.05. They come in a package of five, have an adhesive back and
are fluorescent, so they are easy to see. The customer 'uses their own trash can and when they
have a full can they 'peel off the back of the sticker and stick it on the can and face it towards
the street. Trash cans need to be set out for pick-up on the same day as your area's trash pick-
up by 7:00 am. In 2008 we sold 3,565 stickers. .
New & Existing Programs - Curbside pre-paid Leaf Bag Collection in November and
December, Clear stream Lending Program, Free Compact Fluorescent Recycling, Ink
Cartridge, Toner and Cell Phone Recycling, Free Nursery Plastics Recycling, Co=ercial
Compost (pre-Consumer Fruit And Vegetable Scraps) Program, Plastic Tubs added to
Commingle Carts, 2008 Master Recycle Program, Oregon Green Schools Program, Part of
the Green Team for the Ashland Green Business Program. E- Waste Recycling Program.
Appendix 4
.Jl.s!i{and Sanitary Service Co., Inc
]70 Oak Street. Ashland, Oregon 97520. (54]) 482-]471
r
Revenue 2008 -
$3,823,074 .
Percentage
Recycling Expense- . $170,000 (approx) 4.4%
Tipping Fee IDcrease- $120,000 (approx) 3.3%
Proposed Rate Increase 7.7%
. . ..
Appendix 5
4/22/2009 Ashland Sanitary Ashland Sanitary Rogue Disposa I Allied Waste Brookings, OR
Current Proposed Grants Pass
lean $15.42 $16.61 $14.96 $14.45 $19.99
,
2ean $30.84 $33.21 $25.07 $25.20 $39.99
3 can $46.26 $49.82 $35.18 $35.95 $59.98 .
1yd cont
1xwk $78.40 .' $84.44 N/A $81.74 $120.7i
2xwk $129.18 $139.13 N/A $149.06 N/A
.
3xwk $179.95 $193.81 N/A $217.52 .N/A
l%yd cont
1xwk $87.41 $94.14 $100:12 $102.04 $173.85
2xwk $149.74 $161.27 $162.20 $191.68 N/A
3xwk $206.94 $222.87 $234.40 $281.84 N/A
2yd cont
1xwk $111.82 $120.43 $130.52 $120.13 $226.97
. $195.37 $210.41 $210.32 $225.78 N/A
2xwk
3xwk $278.92 $300.40 $299.04 $326.28 N/A
10yd box $157.74 $169.89 $204:12 $236.50 N/A
27yd cont 20yd cont
25yd box . $264.37 $284.37 $378.88 $351.00 $613.13
PRICE COMPARISON
CITY OF
ASHLAND
Council Communication
Second Reading an Ordinance Amending the Site Design Review Chapter
(18.72.030) of the Ashland Land Use Code relating to the installation of Public Art
on buildings listed as contributing historic resources within an Historic District.
Meeting Date: May 19, 2009 Primary Staff Contact: Brandon Goldman
Department: Community Development E-Mail: goldmanb@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Ben Estimated Time: l5 minutes
Questions:
Should the Council approve second reading of an ordinance titled, "An Ordinance Amending the
Ashland Land Use Ordinance, Site Design and Use Standards (Section 1 8.72.030) Concerning Public
Art on Historic Structures"?
Recommendations:
The Planning Commission, Public Arts Commission, Historic Commission, and Staff recommended
approval of the ordinance amendment as proposed.
Background:
Upon approval of the recent Sign Code amendments, Public Art is no longer to be subject to the
provisions of the Sign Code. When Public Art is proposed to be installed on historic buildings it the
proposed ordinance amendment would require such installations undergo a Site Review process with
review by the Historic and Planning Commission to ensure that the historic integrity of the building is
retained.
On April 7th, 2009 the City Council held a public hearing to take comments regarding the proposed
changes to Site Design Review Chapter of the Ashland Municipal Code (18.72.030) relating to the
installation of Public Art on buildings listed as contributing historic resources within a Historic
District. The City Council closed the Public Hearing, left the written record open to receive additional
testimony, and continued deliberations to May 5th, 2009. Specifically the City Council indicated that
the proposed ordinance amendments should be presented to the Public Arts Commission at their next
available meetings, and that. comments from their review be presented to Council in advance of final
deliberations.
The Public Arts Commission reviewed the proposed ordinance language on April l7'h, 2009.
There was much discussion about the review process and concern was expressed that the Planning or
Historic Commission could be in the position to evaluate the content. Staff explained that any
comments relating to the content are not considered to be a part of the review process, but rather
details relating to the size, shape, materials, and location of the proposed art would be the components
evaluated as part of a Site Design review. The Public Arts Commission expressed support for the
proposed amendment recognizing that the aesthetic integrity of Ashland's historic districts is in
keeping with the Public Arts Commission mission.
The Historic Commission reviewed the proposed ordinance language originally at their regular
meeting on March II th, and briefly discussed it again at their April 8th meeting. Supportive of the
Page 1 of2
!FAlI
CITY OF
ASHLAND
ordinance amendments as proposed, the Historic Commission submitted a letter (attached) into the
record on April22nd for the City Council's consideration.
Related City Policies:
The criteria for legislative amendments to the land use ordinance are as follows:
18.I08.170.A. It may be necessary from time to time to amend the text of the Land Use
Ordinance or make other legislative amendments in order to conform with the comprehensive
plan or to meet other changes in circumstances and conditions. A legislative amendment is a
legislative act solely within the authority of the Council.
Council Options:
Move to approve Second Reading.
Potential Motions:
Move to approve second reading of ordinance amendments to the Site Design Review Chapter of the
Ashland Municipal Code (18.72.030) relating to the installation of Public Art on buildings listed as
contributing historic resources within a Historic District.
Attachments:
Ordinance
Page 2 0[2
!'A 11
ORDINANCE NO.
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE, SITE
DESIGN AND USE STANDARDS (SECTION 18.72.030) CONCERNING PUBLIC ART
ON HISTORIC STRUCTURES '
Annotated to show dololions and additions to the code sections being modified. .
Deletions are bold IiRed through and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or allow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of FirefiQhters. Local 1660. Beaverton Shop 20 Or.
App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the Mayor of the City of Ashland formed a Downtown Task Force to make
recommendations to the Ashland Planning Commission and Ashland City Council
concerning inter alia the relationship of public art to the City sign code and site design
review code; and
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
recommended amendments to. the Ashland Municipal Code at a duly advertised public
hearing on February 10, 2009 and following deliberations recommended approval, with
modifications, of the amendments to the City Council on February 24, 2009; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public
hearing on the above-referenced amendments on April 7, 2009; and
"
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland Land Use Ordinance in manner proposed,
that an adequale factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
Page 1 of 3
SECTION 2. ChaRter 18.72.030 of the Ashland MuniciJ:lal Code [SITE DESIGN
REVIEW Applicability] is hereby amended to read as follows:
SECTION 18.72.030 Applicability.
Site design standards shall apply to all zones of the city as oullined below.
A. Applicability. The following developmenl is subject to Site Design Review:
1. Commercial, Industrial, Non-Residential and Mixed uses:
a. All new structures, additions or expansions in C-1, E-1, HC and M zones.
b. All new non-residential structures or additions (e.g. public buildings, schools,
churches, etc.). .
c. Expansion of impervious surface area in excess of 10% of the area of the site
or 1,000 square feet, whichever is less.
d. Expansion of parking lots, relocation of parking spaces on a site, or other
changes which affect circulation.
e. Any change of occupancy from a less intensive to a more intensive
occupancy, as defined in the City building code, or any change in use which
requires a greater number of parking spaces.
f. Any change in use of a lot from one general use category to another general
use category, e.g., from residential to commercial, as defined b the zoning
regulations of this Code.
g. Any exterior change to a structure which requires a building permit, and is
lisled on the National Register of Historic Places or to a conlributing property
within an Historic Dislrict on the National Register of Historic Places that
requires a buildinQ permit, or includes the installation of Public Art.
h. Mechanical equip(l1ent not otherwise exempt from site design review per
Section 18.72.030(8).
2. Residential uses:
a. Two or more residential units on a single lot.
b. Construction of attached single-family housing (e.g. town homes,
condominiums, row houses, etc.) in all zoning districts.
c. Residential development when off-street parking or landscaping, in conjunction
with an approved Performance Standards Subdivision required by ordinance and
not located within the boundaries of the individual unit parcel (e.g. shared
parking).
d. Any exterior change to a structure which requires a building permit and is
individually listed on the National Register of Historic Places that requires a
buildinQ permit, or includes the installation of Public Art.
e. Mechanical equipment not otherwise exempt from site design review per
Section 18.72.030(8).
SECTION 3. Severability. The seclions, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
Page 2 of 3
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence_aUbeJime_any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance(s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects lhe validity of prosecutions or applications commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplale provisions (i.e. Sections 1,
3-4) need not be codified and the City Recorder is aulhorized to correct any cross-
references and any lypographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 2009,
and duly PASSED and ADOPTED this day of , 2009.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED lhis _ day of
,2009.
. John Stromberg\ Mayor
Reviewed as to form:
Richard Appicello,. City Attorney
Page 3 of 3
CITY OF
ASHLAND
Council Communication
First Reading of Ordinances Adopting Chapter 18.63 Water Resource Protection
Zones and Related Ordinance and Ashland Comprehensive Plan Amendments
Meeting Date: May 19, 2009 Primary Staff Contact: Bill Molnar
Department: Community Development E-Mail: molnarb01ashland.or.us
Secondary Dept.: None Secondary Contact: Maria Harris
Approval: Martha Benne Estimated Time: I hour
Question:
Should the Council approve an amendment to the Ashland Land Use Ordinance (ALUO) adding
Chapter'l8.63 Water Resource Protection Zones and related amendments of the ALUO and
Comprehensive Plan regarding the protection of wetlands, streams and riparian corridors?
Staff Recommendation:
These amendments are recommended by the Ashland Planning Commission and Planning Division
staff after several hearings, and considerable discussion and deliberation.
Background:
Three ordinances were included in the April 21 packet that would implement the package of
amendments. The package of amendments to update the local land use regulations regarding the
'protection of wethlnds, streams and riparian corridors includes the following three components.
. Adding Chapter 18.63 WaterResource Protection Zones to the Ashland Land Use Ordinance
(ALUO).
. Modifying Chapter l8.62 Physical and Environmental Constraints of the ALUO for
consistency with the new Chapter 1 8,63 Water Resource Protection Zones.
. Amending the Ashland Comprehensive Plan to include a Water Resources Map, to revise the
Physical and Environmental Constraints Floodplains Map, and to adopt the Local Wetlands
Inventory (LWI) as a technical study supporting the Ashland Comprehensive Plan.
A table summarizing the permitted activities and uses covered by Chapter 18.63 Water Resource
Protection Zones is attached as Exhibit A. The table outlines the activities and uses within the Water
Resource Protection Zones which are permitted without a planning approval, which are prohibited and
which require a planning approval.
At the April 21, 2009 meeting, the City Council heard public testimony on the Water Resource
Protection Zones ordinance, the public hearing was closed and the record left open for written
comments until May 19, 2009. The City Council asked staff to prepare responses to several questions,
and those items are addressed below.
Goals for Water Resources Protection
The goals of the Chapter 18.63 Water Resource Protection Zones are described in the Purpose and
Intent section 18.63.010 on pages I and 2 of the draft ordinance. The Purpose and Intent section is
largely unchanged since the 2005 draft that was reviewed by the Wetlands and Riparian Technical
Advisory Committee.
Page I ofG
r~'
CITY OF
ASHLAND
At the Planning Commission study session in November 2007, the reasons for contemplating changes
to the regulations regarding the protection of wetlands, streams and riparian corridors were addressed.
The following items were discussed.
. To make the ALVO consistent with the Ashland Comprehensive Plan.
The Environmental Resources Element of Ashland's Comprehensive Plan (Chapter
IV) includes a variety of goals and policies related to the preservation and protection
of Ashland's wetlands and riparian areas. The Environmental Resources Element of
Ashland's Comprehensive Plan was revised, approved and adopted in 1991. The
1991 revisions included several goals and policies related to Ashland's wetlands and
riparian areas that were not implemented in the ALUO. The following goals and
policies are from the Environmental Resources Elernent of the Ashland
Comprehensive Plan.
Protect the quality of riparian resource lands. and preserve their wildlife habitats.
To preserve and protect significant wetlands. and to mitigate potential impacts 011
these areas due to development andconjlicting uses.
Evaluate the quantity and quality of wetland resources inside the City Limits
and within the Urban Growth Boundary through the compilation of an
inventory of significant wetlands.
Develop site review procedures and performance standards, using buffering
techniques, setbacks and mitigation measures. to reduce the impacts of
development on significant wetland areas.
Examine the Physical and Environmental Constraints chapter of Ashland's
Land Ordinance concerning wetland and riparian areas, and insure that
existing zoning regulations maintain these valuable areas in a natural state.
Utilize local resources to form a technical advisory committee to identifY
potential plants and animals which relay on wetland habitat for their
continued existence. Retaining these area [in) a natural state should be of
high priority, and development should consider and accommodate the
habitat utilized by these plants and animals.
To preserve existing wildlife habitats and natural areas within the city wherever
possible.
. City Council Goal
The completion of the riparian ordinance was identified as a City Council goal in
2001 and 2005-2007. The Physical and Environmental Constraints chapter of the
ALUO was last revised with respect to riparian areas in 1989.
Page 2 of6
ri.'
CITY OF
ASHLAND
. Riparian 'protection is a part of Ashland's storm water management plan.
The streams in Ashland convey storm water, and issues such as sedimentation and
water temperature involve the riparian corridors. The City of Ashland 2000 Storm
Water and Drainage Master Plan advocates non-traditional storm water management
techniques that include protection and restoration of Ashland's stream corridors.
One of the recommended regulatory tools identified for achieving the goals of the
plan is the adoption of riparian corridor protection measures. The Public Works
Department is in the process of updating the Storm Water and Drainage Master
Plan, and early drafts of this plan identify riparian restoration projects targeted at
increasing tree canopy to lower water temperatures.
. To comply with Statewide Planning GoalS.
Statewide Planning Goal 5 requires local communities to inventory and adopt land
use protections for significant wetlands and riparian areas. The Locally Significant
Wetlands and Riparian Corridor Streams are significant Goal 5 resources. Adoption
ofa Local Wetland Inventory and an updated ordinance that regulates activities
within and adjacent to significant wetlands and fish-bearing streams is intended to
fulfill this State requirement.
Enforcement
Most planning applications involving a water resource on a property, such as Subdivisions, Land
Partitions, Water Resource Protection Zone Reductions and Hardship Variances, require a
management plan for the long term management and maintenance of the water resource. (Limited
Activity and Uses and applications involving a single-family home are not required to submit a
management plan.) The management plan is required to address the maintenance of the water resource
and surrounding buffer area, as well as a monitoring and reporting on the management of the water
resource after the project is completed (section l8.63.l20.B.2.e). Water Resource Protection Zones are
required to be within a conservation' easement, and may be required to be included in a separate lot that
is managed by a homeowners association or other common ownership entity responsible for
preservation. ]n staff's opinion, a management agreement and conservation easement will be effective
tools in proactively protecting water resources in future developments. Additionally, by placing the
maintenance and monitoring responsibility on the property owner(s), the demand on staff resources for
on-going enforcement activities is offset.
Generally, enforcement ofland use regulations is initiated on receipt of a complaint. Typically, nearby
property owners or other interested parties submit complaints to the Community Development
Department. The routine monitoring of properties with streams or a wetland presence is constrained
by the ability to access private properties as well as the level of staff resources.
Upon adoption of Chapter l8.63 Water Resource Protection Zones Ordinance, public information
efforts would include the refinement of the project web page into a permanent resource tool.
Additionally, the "Stream and Wetland Enhancement Guide" will be finalized and available as a
handout as well as on-line. Finally, an information piece will be developed for the City Source
newsletter.
Pagc3 of 6
~~,
CITY OF
ASHLAND
Herbicide Use in Water Resource Protection Zones
The land use regulations on herbicide use in water resource protection zones that had been included in
the 3.3.09 draft of Chapter 18.63 were removed from the 4.2 1 .09 draft because of state regulations
prohibiting local regulation of sale or use of pesticides. In an effort to address herbicide use in water
resource protection zones, the 4.2l.09 draft included the following language in the exempt sections for
stream bank and wetland protection zones (l8.63.060.A.3 and I8.63.060.B.3).
Herbicide Use - Application of chemical control for removal of noxious or invasive vegetation
listed on the City of Ashland's Prohibited Plant List and in support of stream channel, riparian and
wetland restoration and enhancement activities provided any chemicals use are applied in
conformance with the product label and approved for such use by state and federal agencies.
Alternative methods of removal such as mowing and hand removal are strongly recommended.
After reviewing the testimony from the April 2 1 public.hearing, staff recommends deleting the above
the language. There is obviously a great deal of concern in the community regarding this issue, and it
seems the exemption may be perceived as advocating herbicide use.
Issues Raised in Public Testimonv
After the April 2 1 public hearing, the Council asked staff to respond to issues raised in the public
testimony. Enforcement and public education efforts were raised in the hearing and are addressed
earlier in this memo. A letter from Don Robertson is attached addressing the questions regarding
herbicide use by the Parks Department. Staff believes there are three additional items raised in the
public testimony that should be addressed including the top of bank definition, technical review of the
ordinance and .the ordinance development process. .
Top of Bank Definition
A concern was raised regarding the use of the top of bank to measure the stream bank protection zone
for the largest, fish-bearing streams - Riparian Corridor Streams. In staff's research, the top of bank is
a widely accepted physical feature that is used as a basis for measuring riparian buffer zones. The
attached Exhibit B includes three samples of the top of bank definition used in communities in Oregon
- Corvallis, Eugene and Medford.
Technical Review of Ordinance
A concern was raised that the new water resource ordinance was not reviewed by persons with
scientific expertise in stream ecology, botany or hydrology. Chapter 1 8.63 was reviewed by a variety
of specialists with scientific expertise and experience with stream environments including Paul
Fishman, Ecologist, Kent Smith, Hydrologist, Jeannine Rosa, Fish Biologist, Amanda Puton, Natural
Resource Specialist, Frances Oyung, Ashland Watershed Assessment and Action Plan project team,
John-Ward, Ashland Watershed Assessment and Action Plan project team, Ann Rich, Assistant Parks
Horticulturist and Donn Todt, Parks Horticulturist. While the science of water resources is one
component to consider in updating the local wetland, stream and riparian corridor regulations, the
workability in planning applications, compliance with the Oregon Statewide Planning Program and
integration of community values are of equal importance. In this area, the Planning Commission as
well as city planning and legal staff have spent considerable time in public hearings, and review and
revision of the new ordinance.
^'
Page 4 of6
~~,
CITY OF
ASHLAND
Ordillallce Developmellt Process
Concerns that a citizen involvement process was not utilized at the beginning of the ordinance
development were raised at the April 21 public hearing. In terms of pub lie participation, the project
began with two public open houses to discuss the project and the wetlands and riparian corridor
inventory work in June 2003 and March 2003. Subsequently, the Wetland and Riparian Technical
Advisory Committee was formed, and commented on the format and content of the ordinance. Finally,
in April 2008, the latest roun'd of workshops and hearings were conducted by the Planning
Commission on Chapter 18.63 Water Resource Protection Zones and the related amendments.
Related City Policies:
Chapter IV Environmental Resources, Ashland Comprehensive Plan
Chapter 18.72 Physical and Environmental Constraints, ALUO
Chapter 18.88 Performance Standards Option, ALUO
Chapter 18.72 Site Design and Use Standards, ALUO
section 18. 1 08. 1 70, ALUO
Council Options:
The Council may approve, approve with modifications, or deny the legislative amendment.
Potential Motions:
I. Move to approve first reading of the following ordinances and request that the ordinances be
brought back for second reading.
. ,An Ordinance Amending.the Ashland Land Use Ordinance Creating a New Chapter 18.63
Water Resource Protection Zones
.. An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental
Constraints Chapter (AMC l8.62) Concerning Consistency with New Chapter AMC
18.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of
Claims
. An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV,
Environmental Resources to Add a New and Updated Resource Maps and Adopting the
Local Wetlands Inventory as a Supporting Document
2. Move to approve first reading with proposed amendments as noted after each ordinance, and
request that the ordinances be brought back for second reading.
. An Ordinance Amending the Ashland Land Use Ordinance Creating a New Chapter 18.63
Water Resource Protection Zones
. An Ordinance Amending the Ashland Land Use Ordinance Physical and Environmental
Constraints Chapter (AMC 1 8.62) Concerning Consistency with New Chapter AMC
1 8.63, Water Resource Protection Zones and Reservation of Regulations for Purposes of
Claims
.. An Ordinance Amending the City of Ashland Comprehensive Plan Chapter IV,
Environmental Resources to Add a New and Updated Resource Maps and Adopting the
Local Wetlands Inventory as a Supporting Document
3. Move to deny the ordinance and related ALUO and Ashland Comprehensive Plan amendments as
proposed.
Page 5 of6
~.l'
CI T Y 0 F
ASHLAND
Attachments:
l. Exhibit A: Permitted Uses within Water Resource Protection Zones
2. Memo from Don Robertson, Parks Director
3. Exhibit B: Top of Bank Definitions
4. Written comments received since April2l, 2009 City Council Meeting
Page 6of6
~~,
Exhibit A
Activities and Uses within Water Resource Protection Zones
Activities and Uses Stream Wetland
Bank Protection
Protection Zone
Zone
Maintenance of existina lawn and landscapina E E
Installation of lawn N N
Installation of landscapina meetina native plant reauirements E E
Removal of non-native, noxious and invasive vegetation with hand-held E E
equipment
Removal of non-native, noxious and invasive vegetation with power- P P
assisted eauipment
Cutting or thinning vegetation with hand-held equipment for fire hazard E E
prevention and hazardous tree removal with hand-held eauipment
Cutting or thinning vegetation with hand-held equipment for fire hazard P P
prevention and hazardous tree removal with power-assisted equipment
Installation of new outdoor patio or walkway area made of porous solid E N
surfaces and UP to 150 sauare feet in size.
Unpaved trails, open space, parks and other similar public and private . .E E
recreational uses that do not reauire aradina, fill or paved surfaces
Restoration and enhancement that does not involve earthwork creating E E
permanent changes to the topography of the water resource and
protection zone
Restoration, enhancement and stream channel repair involving P P ,
earthwork creating permanent changes to the topography of the water
resource and protection zone
Wire or similar fence that will not collect debris or obstruct flood waters E E
in upland half of riparian buffer or in wetland buffer
Solid wood fence in water resource protection zone N N
Maintenance of public and private streets, bridges, other similar E P
transportation facilities and utilities with minimal additional disturbance
Installation of public and private streets, paved multi-use paths or trails, P P
bridqes, other similar transportation facilities and utilities
Maintenance of storm water treatment facilities (e.g. detention ponds, E E
sediment traps, vegetated swales and constructed wetlands) in
accordance with approved manaaement plans
Installation of storm water treatment facilities P P
Replacement of non-conforming principal residential buildings and non- E E
residential buildinas in a historic district in same buildinq footprint
Replacement of non-conforming accessory residential buildings and P P
non-residential buildinas outside a historic district
New construction in a water resource protection zone through a. water P P
resource protection zone reduction or hardship variance
Land Partitions and Subdivisions involving a water resource protection P P
zone
E = exempt because the activity or use is permitted without a planning approval; N = the activity or use is prohibited;
P = the activity or use is subject to a planning approval
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET
ASHLAND, OREGON 97520
RECEIVED
COMMISSIONERS:
Don Robertson
Director
JoAnne Eggers
Michel Gardiner
Jim Lewis
Melody Noraas
Rich Rosenthal
Mi;Y i3 2009
TEL: (541) 488-5340
FAX: (541) 488.5~i14
City of J\sh!:.md
Community Dcvciopment
MEMORANDUM
FROM
Maria Harris,~annillg Manager
) ,
,
Don Robertso, Parks Dircctor
TO
DATE
May 13,2009
,
. SUBJECT
Pesticide Use in Parks
At the conclusion of the. April 21 public hearing on the proposed Water Resources,
Ordinancc, scvcral qucstions were asked regarding Parks' use of pesticides.
Thc Parks Commission has included in its adoptcd goals for FY 2009 -2010 a full rcvicw
of the pesticide policy used by parks. During its review, the commission will evaluate the
types of pesticides used, the conditions under which they are used, and the target areas on
which they arc used. Thcy wi II also evaluatc other means of satisfying the intent of the
pesticides used. Could the same or better effect be achievcd by using mechanical, natural
predatory, or hand removal of targets? Thc commission will also evaluatc thc financial
impacts of going pesticide-fi'ee or limited-pesticide-free, including the impacts of using
volunteers to assist with the routine maintenance that may no longer be accomplished with
pesticides.
Based on the evaluations performed by the commission, they will modify or revamp their
pesticide policy. These results will be rep0l1cd to council and council will be given the
opportunity to commcnt or cnact additional controls associated with all municipal propeny
maintained by thc commission.
Mike Gardiner, Parks Commission chair, is preparmg a cOlTespondcnce to council
informing them ofthetimeline for this process.
Home of Famous L ithia Par'k
Exhibit B
Sample Top of Bank Definitions
City of Ashland - Chapter 18.63 Water Resource Protection Zones Ordinance.
Top of Bank - means the elevation al which water overflows the natural banks of streams or other
waters of the state and begins to inundate upland areas. Physical characteristics that indicate the
elevation include a clear, natural line impressed on the shore, a change from bare soil to upland
vegetation (e.g. oak, fir, pine). a change in vegetation from riparian vegetation (e.g. willows, big leaf
maple, alders) to upland vegetation (e.g. oak, fir, pine), a textural change of depositional sediment
. or changes in the character of the soil (e.g. from sand, sand and cobble, cobble and gravel to
upland soils), absence of fine debris (e.g. needles, leaves, cones and seeds), and the presence of
water-borne litter or debris, water-stained leaves or water lines on tree trunks (Figure 2). In the
absence of physical evidence or where the top of each bank is not clearly defined, the two (2) year
recurrence interval flood elevation may be used to approximate the top of bank.
City of Corvallis, OR
Top-of-bank - Bankfull stage of a Stream or river which is the stage or elevation at which water
overflows the natural banks of Streams or other waters of this state and begins to inundate the
upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may
be used to approximate the bankfull sate or delineate Top-of-bank.
City of EUQene, OR
The top-of-bank is the highest point at which the bank meets the grade of the surrounding
topography, characterized by an abrupt or noticeable change from a steeper grade to a less
steeper grade, and/or where natural conditions prevail, by a noticeable change from topography
primarily shaped by the presence and/or movement of the water 10 topography not primarily
shaped by the presence of water. Where there is more than one such break in the grade, the
uppermost shall be considered the top f the bank. If the top-of-bank is not identifiable, or if it has
been significantly altered through channel reconfiguration or other enhancements consistent with
the provisions of sections 6.650 through 6.670, the prohibitions in subsection 6.655(2) apply to the
line of ordinary high water, which his the line on a bank to which seasonal high water rises
annually.
City of Medford, OR
Top-of-bank - The elevation al which water overflows the natural bank and begins to inundate
upland areas. In absence of physical evidence, the two-year recurrence interval flood elevation
may be used to delineate the top of bank.
WRITTEN COMMENTS RECEIVED SINCE
APRIL 21, 2009 CITY COUNCIL MEETING
Page 1 of9
April Lucas - Fwd: water resources ordinance comments
RECEIVED
1l!W~~~~.Ml'l'~~iIO- q_,~ ~~~<;.~.__~,'W""" ~.~~"'~~~. <~~_~'_"~A~._,-h
From:
To:
Date:
Subject:
MAY 1 3 2009
Maria Harris
April Lucas
5/13/200912:59 PM
Fwd: water resources ordinance comments
City of Ashland
Community Development
>>> Paul Kay <roguewater@mind.net> 5/13/2009 II :59 AM >>>
Greetings Bill Molnar, Director of Community Development, and Maria
Harris, Senior Planner: .
These commcnts are provided for your review and as public testimony
relating to the City of Ashland Water Resources Protection Zone
Ordinance (proposed). I would be grateful for these comments to be
included in the "packets" for review by the City Council, City
Administrator, and City Attorney.
In the interest of protecting our commons, our community
relationships, and continual improvement, I encourage the proposed
ordinance to be adopted presently, and with appointment of a local
stakeholder committee tasked with making recommendations for annual
revision for the coming two years, then biannual after that.
References are copied from Oregon Administrative Rules and Oregon
Revised Statutes. .
<My comments are between angle brackets.>
Thank you again for your continuing effort and commitment to this
important work. Please feel free to call on me if you have any
questions. I am at your service.
-Paul 0
o
Paul Kay 0<:))))))><
Rogue Water
1234 Strawberry Lane
Ashland, Oregon 97520
(541) 488-8840
(541) 601-8461 cell
rogucwater@mind.net
<INTRODUCTORY COMMENTS>
<Orcgon Agricultural Water Quality Managcment Area rules and plans are
a good example of how to enroll the participation and ownership of
diverse stakeholders in the support of reasonablc regulations that are
intended to serve the natural resource commons. The agricultural water
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Page 2 of9
quality management plan and rule making process serves as a good
example of cooperation, even amongst those who's livelihoods have
potential to be impacted by rules. Over the past 10 years I've been
involved in the making of agricultural water quality management plans
and rules, first as an observer, presently as the chair of the Local
Advisory Committee of the Inland Rogue Agricultural Water Quality
Management Area which recently merged with Bear Creek. The Inland
Rogue Local Advisory Committee (LAC) makes decisions based on a
striving for unanimous consent and accepting a maximum of 2 dissenting
votes of 12 members. In my opinion, regulations are necessary, and
should never attempt to replace the striving for improvement born of
peoples' loving relationships to a place. I am also of the opinion
that existing and proposed agricultural water quality management
rules, which have been simplified by the LAC - recommended but not yet
adopted - are protective of both the common water resource and
peoples' autonomy. I offer my comments as an individual, not as a
representative.>
KEY REFERENCES
OREGON ADMINISTRATIVE RULES
DEPARTMENT OF AGRICULTURE
h ttp :f!N.<:;\veb,sos.state.oLlls/rulcs/O ARS ~()QQ/Q AR~()Q3../()O 3~ tofc. htl.nl
DIVISION 90
AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM
bttp:llarcweb.sos.state.or.us/r.ul"'s/QARS~()QO(QAL()o3(()m~Q9Q.html
603-090-0000
Preamble
(I) ORS 568.900 to 568.933 authorizes the Oregon Department of
Agriculture to develop and carry out an agricultural water quality
management area plan for agricultural and rural lands where a water
quality management plan is required by state or federal law. ln
executing this responsibility, the department develops, adopts, and
periodically modifies programs to effectuate agricultural water
quality management area plans in the applicable geographic areas.
DIVISION 95
AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM
httpParc.we.b...sos.state.or..u.slt:ules/QAR~L()QQ(QAR~()m(()O3 ~Q95,html
603-095-0020
General Purpose
(I) These rules have been developed to effectuate the implementation
of water quality management arca plans pursuant to authorities vested
in the department through ORS 568.900-568.933.
(2) The purpose of these rules is to outline requirements for
landowners conducting agricultural activities in areas for which the
department designates boundaries for the purpose of developing and
implemcnting'a water quality management area plan pursuant to ORS
file:IIC:\Documents and Settings\lucasa\Local SettingsITempIXPgrpwise\4AOAC42BAsh... 5/13/2009
Page 3 of9
568.900-568.933.
/
OREGON REVISED STATUTES
2007 EDITION
hUP/(\Y.'Y\y,.lgg. sta t~ .qr. us/orsl
Chapter 468B - Water Quality
htt p:/ (w\\'.w ,Ieg.stat~.qr. us( orsl40ilb. html
Chapter 568 - Soil and Water Conservation; Water Quality Management
http://www..lcg.sjate.or.u~/ors/56g.html
<I am under the impression that the City of Ashland would be a Local
Management Agency under the Oregon Department of Agriculture's Water
Quality Rules.>
OAR 603'095-0010
Definitions
Unless otherwise required by the context, as used in this Division:
(26) "Local Management Agency" means any agency of this state,
including but not limited to a soil and water conservation district,
which has been designated by the department through an interagency
agreement to undertake activities within a management area whose
boundaries have been designated under ORS 568.909.
http://arcwep,sos.state..oLll.s(t:ules/OARS~600/0AR~603(603~09~,htm I
OAR 603-095-0010
. Definitions
Unless otherwise required by the context, as used in this Division:
(3) "Agency of this state" has the meaning given in ORS 568.210(1).
http:((arcwep,.sos,state.o':..ll.S(Cll.1 ~.s/OA RS _<500/Q A R ~ 603(<503_09 5..htm I
ORS 568.210
Definitions for ORS 568.2]0 to 568.808 and 568.900 to 568.933. As used
in ORS 568.210 to 568.808 and 568.900 to 568.933, unless the context
requires otherwise:
(I) "Agency ofthis state" means any public body as defined in ORS
174.]09.
bttP:((w\vw.leg.~Jat~.Qr.us(ors6(j.8.html
ORS 174.109
"Public body" defined. Subject to ORS 1 74. 1 08, as used in the statutes
of this state '.'public body" means state government bodies, local
government bodies and special government bodies. [2001 c.74 ~2]
http://'Yww.leg.stale.oc. us!orsfl7.4.. html
<While I am not qualified to provide an official legal opinion, I have
file://C:\Documents and SettingsllucasalLocal SettingsITempIXPgrpwiseI4AOAC42BAsh... ,5113/2009
Page 40f9
made the following interpretations. Agricultural lands within city
limits would be subject to state agricultural water quality
regulations. There are agency jurisdictions that mayor may not allow
overlapping rules. It may be the case that city regulations could not
supersede state regulations with respect to water quality, but the
citY may regulate activities and conditions within the water resource
protection zone on agricultural lands such as habitat and flood
control. And these examples may be subject to the jurisdiction of
other state and federal agencies and/or laws.>
<The geographic boundaries would change upon adoption of revised Rules
and Plan ofthe Inland Rogue basin. During 2008, the Bear Creek
subbasin Local Advisory Committee merged with the Inland Rogue Local
Advisory Corrunittec. The Inland Rogue Plan and Rules are being revised,
and would apply to Bear Creek upon adoption.>
<I suggest referencing Bear Creek subbasin Rules and Plan and the
Inland Rogue Rules and Plan "as currently amended" to update
geographic and programmatic scope with respect to agricultural lands
subject to Ashland City Water Resources Protection Zone Ordinance.>
Bear Creek Subbasin
Geographic and Programmatic Scope
603-095-0220
http://arcweb.sos.state.or.us/tJIles!QARS ~600/0AR_6.03/603~09 5..html
(]) The Bear Creek subbasin includes the drainage area of Bear Creek
upstream from the confluence with the Rogue River near Central Point,
Oregon. The physical boundaries of the Bear Creek subbasin are
indicated on the map included as Appendix I of these rules.
(2) Operational boundaries for the land base under the purview of
these rules include all lands within the Bear Creek subbasin in
agricultural use and agricultural and rural lands which are lying idle
or on which management has been deferred, with the exception of
activities which are subject to the Forest Practices Act.
(3) Current productive agricultural use or profitability is not
required for the provisions ofthese rules to apply.
(4) The provisions and requirements outlined in these rules may be
adopted by reference by Designated Management Agencies with
appropriate authority and responsibilities in other geographic areas
of the Bear Creek subbasin.
(5) For lands in agricultural use within other Designated Management
Agencies' or state agency jurisdictions, the department and the
appropriate Local Management Agency shall work with these Designated
Management Agencies to assure that provisions of these rules apply,
and to assure that duplication of any services provided does not occur.
file://C:\Documents and Settings\lucasa\Local Settings\Temp\XPgrpwise\4AOAC42BAsh... 5/]3/2009
Page 5 of9
<Prohibited conditions within agricultural water quality management
rules do not appear to exclude the use of machinery, including
tractors. This was a concern expressed by an agricultural stakeholder
at April's public hearing on the proposed city ordinance.>
Bear Creek Subbasin
603-095-0240
Prohibited Conditions
(I) Effective upon adoption of these rules, all landowners or
operators conducting activities on lands in agricultural use shall be
in compliance with the following criteria. A land occupier shall be
responsible for only those prohibited conditions caused by activities
conducted on land managed by the landowner or occupier. Criteria do
not apply to conditions resulting from unusual weather events or other
exceptional circumstances that could not have been reasonably
anticipated.
(2) No person conducting agricultural land management or land'
disturbing activities shall violate provisions of ORS 468B.025(1) or
(2).
(3) Except as provided in ORS 468B.050, no person conducting
agricultural land management or land disturbing activities shall:
(a) Cause pollution of any waters of the state or place or cause to be
placed any wastes in a location where such wastes are likely to be
carried into the waters of the state by any means.
(b) Discharge any wastes into any waters of the state if the discharge
reduces the quality of such waters below the water quality standards
established by rule for such waters by the Environmental Quality
Commission.
(4) No person shall violate the conditions of any waste discharge
permit issued pursuant to ORS 468B.050 or 568.
(5) Agricultural management of riparian areas shall not impede the
development or maintenance of adequate riparian vegetation to control
water pollution,
(a) Effective four years after plan adoption, vegetation and
strcambank management in riparian areas shall not result in the
following conditions:
(A) Sloughing of stream'banks due to management practices which result
file://C:\Documents and Settings\lueasa\Local Settings\Temp\XPgrpwise\4AOAC42BAsh... 511312009
Page 60f9
in sediment entering a stream beyond what would be expectcd in that
specific hydrologic regime; or
(B) Destabilization of stream banks beyond what would be expected in
that specific hydrologic regime; or
(C) Damage to riparian vegetation that destroys its proper function
and the vegetative recovery that is reasonably necessary to withstand
a 25-year high flow event; or
(D) Absence of seasonally appropriate regeneration and recruitment,
according to site capability.
(b) This condition is not intended to prohibit riparian grazing where ,
it can be done white managing for proper functioning riparian condition.
(c) Exceptions:
(A) Written, limited duration exemptions to conditions described in
OAR 603-095-0240(5)(a)(C) or (D) above will be considered for short-
term activities included in a department (or its designee) approved
plan intended to enhance the long-term function and quality of the
riparian area.
(B) Constructed irrigation delivery and drainage ditches are exempt
from conditions described in OAR 603-095-0240(5)(a)(C) or (D) above.
Stat. Auth.: ORS 561.190-561.191, ORS 568.9]2
Stats. Implemented: ORS 568.900 - ORS 568.933
Hist.: DOA 6-]998, f. & cert. ef. 6-10-98; DOA 3-2003, f. & cert. ef.
1-7-03
<Fertilizer and nutricnts from other human managed sources are
prohibited from entering surface waters. "Wastes" generally include
fertilizer or nutrients from other sources as defined in ORS, and
could be more specifically defined as in OAR. This definition also
would cover the disposal of yard clippings (vegetative materials) in a
place where they are likely to be carried into waters of the state by
any means. A prohibited condition "waste" would probably require its
own definition.>
'-
OREGON REVISED STATUTES
2007 EDITION
h\(p://w.w.w.leg. Sta te.Qr. us/ors/
Chapter 468B - Water Quality
http://www.!eg.state.or.us/ors/46.8b.hJml
468B.025 Prohibited activities. (l) Except as provided in ORS 468B.050
)
file://C:\Documents and SettingsllucasalLocal SettingsITempIXPgrpwiseI4AOAC42BAsh... 5/1 3/2009
Page 7 of9
or 468B.053, no person shall:
(a) Cause pollution of any waters ofthe state or place or cause to be
placed any wastes in a location where such wastes are likely to escapc
or be carried into the waters of the state by any means.
468B.005 Definitions for water pollution control laws. As used in the
laws relating to water pollution, unless the context requires otherwise:
(9) "Wastes" means sewage, industrial wastes, and all other liquid,
gaseous, solid, radioactive or other substances which will or may
cause pollution or tend to cause pollution of any waters of the state.
OREGON ADMINISTRATIVE RULES
hltp:1 I arcweb .sos. state.or, us/rul es/OA RS ~ 600!QAIL 60 3/60 L095,ht1ll1
603-095-0010
Definitions
(53) "Wastes" has the meaning given in ORS 468B.005(7) and includes
but is not limited to commercial fertilizers, soil amendments,
composts, animal wastes, vegetative materials or any other wastes.
<Wetlands are defined as agricultural use. I don't know how that would
apply within the context of the proposed Water Resources Protection
Zone Ordinance.>
603-095-0010
Definitions
Unless otherwise required by the context, as used in this Division:
(I) "ACtive Channel Erosion" means gullies or channels which at the
largest dimension have a cross sectional area of at least one square
foot and which occur at the same location for two or more consecutive
years.
(2) "Adequate vegetative buffer" means an area that is maintained in
vegetative cover that maintains at least 70 percent ground cover.
(3) "Agency of this state" has the meaning given in ORS 568.210(1).
(4) "Agricultural use" means the use ofland for the raising or
production of livestock or livestock products, poultry or poultry
products, milk or milk products, fur-bearing animals; or for the
growing of crops such as, but not limited to, grains, small grains,
fruit, vegetables, forage grains, nursery stock, Christmas trees; or
any other agricultural or horticultural use or animal husbandry or any
combination thereof. Wetlands, pasture, and woodlands accompanying
land in agricultural use are also defined as in agricultural use.
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Page 8 of9
<The emphasis of the rules and plans is on voluntary compliance and
education. Agricultural landowners have the responsibility oftheir
own decisions and practices to avoid prohibited conditions.
Enforcement isto be used as a last resort.>
DIVISION 90
AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM
http://a1.'c\\'.eb.sos..stale..()I:.u.s/nll..es/OAR.S~liOO!OAR _li03/603 ~ 090.ht1]1I
603-090-0000
Preamble
(2) These administrative rules establish policies, guidelines, and
specific requiremenls for the development and content of agricultural
water quality management area plans and rules, requirements of
agricultural water quality management area plans and rules for
applicable geographic areas, the process of landowner appeal of
specific required actions, and enforcement procedures to be followed
by the department.
(3) Agricultural water quality management area plans are plans that
comprehensively outline measures that will be taken to prevent and
control water pollution from agricultural activities and soil erosion
on agricultural and rural lands located in a management area which
requires such a plan and for which boundaries have been established by
the department.
(4) Agricultural water quality management area rules are adopted by
the department to implement an agricultural water quality management
area plan. Area rules are the only enforceable aspect of an
agricultural water quality management area plan.
(5) It is the policy of the department that:
(a) Cooperation between private and public entities be encouraged
during the development and implementation of water quality management
area plans;
(b) To the full extent possible, pollution prevention activities be
the focus of water quality management area plans;
(c) Voluntary adoption ofland management activities be encouraged
through education and demonstration programs to achieve the goals and
objectives of water quality management area plans;
(d) Enforceable mechanisms be available to address water pollution
problems where voluntary compliance is not achieved;
(e) Enforcement action be pursued only when reasonable attempts at
voluntary solutions have failed; and
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Page 9 of9
(I) Measures required of individual landowners under agricultural
water quality management area rules provide as much flexibility as
rcasonably possible.
/
<I am under the impression that the minimum size for consideration as
agricultural land use is 1/4 acre or approximately 1'0,000 square feet.
I have not found a specific definition. Here are some leads.>
Chapter 215 - County Planning; Zoning; Housing Codes
<relating to definitions of "agricultural lands">
I1ttp://www.leg.state.or.Us/oI:s1215.htI111
Chapter 308A - Land Special Assessments
308A.056 Definition of "farm use."
http://w\\.\\..leg.state.or..us/orsj308a.l1tIl11
,
end 090513
\.
file://C:\Documents and Settings\lucasa\Local Settings\Temp\XPgrpwise\4AOAC42BAsh... 5/13/2009
5.12.2009
To whom it may concern:
RECEIVED
MAY \ 3 2009
City of Ashland
Community Development
I am writing to address the use of pesticides and their impacts on pollinators (bees, birds,
wasps, and other insects): Pollinator health is extremely important and vital t%r a
healthy enviromnent and a stable food supply for both humans and wildlife. Pollinators
help form the base of the food web and impacts 'on pollinator populations can be very far
reaching. The loss of habitat and natural forage due to human development has put
tremendous pressures on our pollinator populations. This makes the choices we ~ake in
pest management and landscaping very important. Many pesticides, especially the
systemic neo-nicotienoids, negatively impact non target species which include our
pollinators. I would encourage anybody reading this to strongly consider other means to
control pest populations and to plant and plan strategically for pollinators. Small steps
taken by communities as a whole can have profound impacts (positive or negative) on the
environment at large. Whenever possible please use an integrated pest management
(IPM) approach including organic and biological pest control strategies.
Thank you for your time and consideration.
John Jacob
President Southern Oregon Beekeepers Association
. Board Member, Oregon State Beekeepers Association
CEO, Old Sol Enterprises
~T3i2dd9TApril'Luca,,":WaterReSOU;:Ce6;'dillar1ce-SLJbrnissi()ri"-"""- , '-~'"-'.'""'""--=-"---~~CFI~r::L--:'--PageT]
From:
To:
CC:
Date:
Subject:
Attachments:
Dear Bill,
MAY I 3 2009
Rick Landt <Iandtifam@opendoor.com>
Bill Molnar <biJI@ashland.or.us> 'c', r A
Martha Bennett <bennettm@ashland.or.us>, <council"business@ashla~fn~~~y D~~~~~d m I
5/13/2009 7:14 AM' p en
Water Resource Ordinance Submission
5-12-00 WR Outline Alternative; Part.002
Attached are my comments and suggestions for improving the Water
Resources Ordinance currently before Council. I have sent this email
to Councilors also, and would like a hard copy included in their
packets.
Sincerely,
Thank you for your help on this.
Rick Landt
work
home
201-4100
482-1186
,
Water Resource Ordinance Concerns & a Proposed Alternative
To City Councilors
Submitted by Rick Landt
13 May 2009
Due to. an unfartunate set af circumstances, the Water Resaurce ardinance befare City Cauncil has
made it to this late stage with cantradictians, amissians, unresalved issues and burdensame,
canfusing and unrealistic requirements far the as many as 1800 praperty awners that it may affect.
Please refer to. my April 21st persanal submittal that was included in yaur packet and to. the
presentatian an the tap af bank issue that I made an behalf af Ashland Watershed Partnership from
the same date (I cauld have made a half dazen presentatians just as campelling an ather ardinance
tapics if time had allawed) far infarmatian an some af the issues.
Rather than trying to. go. paint by paint aver ground I and athers have already cavered related to. the
prablems with the current propased ardinance, I wauld like to. autllne a different approach far an .
ardinance to. pratect aur exquisitely valuabie water resaurces.
Outline for Proposed Alternative Ordinance
1) Clearly define what is in the Water Resaurce Protectian Zane and what is nat in a way that lay
persans can understand and at least raughly determine far them-selves. It might be simplest to.
use center af creek like City's prapased ardinance uses far intermittent and ephemeral
streams, but better protectian wauld be gained by using 100 year f1aadplain ar 50 feet from
center af creek, whichever is greater approach that I discussed in my presentatian. A clear
definitian wauld help property awners answer the questian, "is it in the protectian Zane ar nat?" .
It is taa bureaucratic to. expect property awners to. hire sameane (ar get an equivacal apinian
fram planning staff, like I received) to. tell them whether ar nat they are in the Zane.
2) Simplify the ardinance by facusing an issues that are likely to. provide the greatest benefits and
are easy to. cammunicate and understand.
a. These issues might include:
· Lawering the maximum volume af cut and/ar fill withaut a City permit (this is
- nat addressed in the ardinance befare Cauncil)
. Prahibiting the remaval af trees (Shade maintains caal water temperatures
regardless af whether the trees are native ar nan-native and it is clearer to.
include all trees than having sameane have to. determine species and maybe
make a mistake).
. Prohibit removal of vegetation of area greater than 250 (or some other number
if yau can think af a better ane) square feet
. No fertilizing in the zane (fertilizing is amitted from ardinance befare cauncil)
. No. new imperviaus surfaces
· No. new structures with the exceptians af benches and passibly a few other
structures
. No. lawns
· (There may be ather critical issues that I have missed that cauld be added
here)
3) Take the ardinance as written and designate test plats an City andlar Parks praperty where the
City can attempt to. fallaw all the requirements. Re-evaluate haw the requirements warked an
the test plats after a year af experience. Then determine whether to. apply the requirements
citywide, keep the simple ardinance ar cambine the best af bath approaches. The gaal wauld
be to. have a warkable ardinance far everyane with no. exceptians far the City (if it daesn't wark
far the City, it is disingenuaus far the City to. mandate that private property awners fallaw what
the City daes nat fallaw).
4) Create a baaklet an Water Resaurce Guidelines (what staff presented at the last meeting was
a start, but nat camprehensive) similar in cancept to. the City's Site Design Guidelines that
wauld serve as educatianal reference far property awners.
5) Create a plan far haw City will madify existing structures to. meet the new standards in the
propase.d ardinance. Examples include the Skatebaard Park, Recycling Center and Sewage
Treatment Plant (This is an appartunity far the City to. madel what it is asking private property
awners to. da).
.;._':,~':
Ashland Creek and ather streams running through the urban reaches af the City af Ashland will never
laak like this pristine sectian af upper Abiqua Creek, in the Willamelte basin, regardless af what
ardinance is passed. But, with careful stewardship, that cauld fallaw tram 1) an ardinance sensitive to.
the enviranment and to. practical cansideratians like entarcement, property owner buy-in and user-
friendliness, and 2) educatian infarmatian that citizens respect, understand and suppart, Ashland's
streams can be pratected and enhanced to. provide many benefits to. wildlife, water quality andquaiity
at life far the human inhabitants af Ashland.
RECEIVED
May 13,2009
MAY I 3 2009
Cate Hartzell
892 Garden Way'
Ashland, OR 97520
City of ^s!~land
Community Devc;opment
Ashland City Councilor
20 East Main Street
Ashland, OR 97520
City Councilors,
I listened to the Council's Public Hearing on the Water Resources Ordinance in
April and participated in meetings and tours on the ordinance. I would like to offer
comment on it.
I want to express my appreciation for the work staff has done to steward this
ordinance to its current fonn. Since this ordinance involves areas of expertise different than
what Planning staff nonnally has, I hope the City Council will see fit to hire or request
consultation with independent scientific expertise before it is passed in its final fonn. This
is prudent in tenns of reducing the potential for litigation or conflict with existing federal
or state laws, not to mention addressing biological science built around what we are trying
to protect.
The intent statement is good and should become the touchstone against which you
and people trained in science weigh the language of this ordinance. Much conversation to
date focused on development issues and water quality, but the purpose and intent clause
acknowledges the inseparable relationship between wildlife, insects, aquatic creatures and
the ability ofthe creek to function.
If the City is serious about the intent statement in this ordinance, then this
ordinance is not yet adequate. Rick Landt, members of the A WP, and citizens concerned
about the impacts of pesticide next to creeks have articulated some of the issues that have
not been resolved. I encourage you to consider alternatives to passing it with a few minor
changes. Because our waterways have been under-protected over the past ten years of
intense development in Ashland, there is value in pulling something in place soon.
However, despite the list of activities that the Council and City are focused on in this
challenging time, this ordinance desperately needs work, before or after passage in its
current fonn.
If Council opts to approve it on May 19th please identify a process and timeline for
resolving the issues raised by residents. Your leadership will make the difference between
a flawed ordinance that will be revisited under controversial circumstances or one that sets
Ashland apart for its ability to truly protect critical assets.
My Specific comments:
1. In 18.63.030 Definitions - centerline of stream: the last portion is confusing: "...the
centerline of stream is the midpoint between the outermost or upland sides of the stream
channels." I don't understand the use of the word "or" here.
2. In 18.63.050, regarding when a stream was previously piped or culverted, it seems
prudent to specify that this exception only applies when it is stilll currently piped or
cuIverted. Many sections were previously piped or culverted but have since been
"daylighted"; this section shouldn't inadvertently leave that opening.
3. Section 183.63.060 is one place where the Council can opt to indicate to the City
departments, including Parks and Recreation that the city will hold itself to a higher
standard or model Best Practices on its considerable acreage. While I respect the need for
the Parks Commission to make decisions about its lands, this legislation addresses the
waterways and if the City puts chemicals in public water it is fair to expect that it do so
under a publicly vetted plan to do so.
4. 183.63.060 I3.B - allows nonconforming structures like homes or decks to be rebuilt if
destroyed or damaged by natural occurrences, like floods. There was discussion of this in
Planning Commission meetings. It is a challenging issue but I would like to offer the
perspective that the law should require modification or prohibition that is based on what
was learned by the event. If we rebuild despite what natural forces just demonstrated was a
bad idea, we demonstrate a critical failure to adapt.
5. I have read the comments by A WP members, residents concerned about pesticide use,
Paul Kay and Rick Landt; I agree with most all of them and hope that you will work
patiently to address them.
6. Towards the end of the Hearing, a resident explained her concerns about farming
property next to creeks under the proposed ordinance. Most of the discussion at the
Planning Commission level had to do more with development than farming, but this is not
a new issue in stream protection. A short time spent researching the problem yielded the
following sources related to this question. No doubt many more are available but this
should demonstrate the need to maintain protection in those areas.
Protecting Farm Streams Near Horticultural Crops
hUD:I /www.omafi.a.gov.on.ca/cnglishlcroos/facts/j2rotcct.htm
Todd Leuty - Horticultural Crops SpecialistJOMAFRA, June 2003
Land Use and Trout Streams
hUp:1 I coweeta. eco I ogv. u ga. cd u/publ i ca ti oos/94 9. pd f
1950; explains the importance ofvegetatian to stream temperature
Minnesota Shoreland Management Resource Guide
htto:/ /www.d.umn.edu/-scawww/quick/ea.html
) ,
2.
Attaclunent One
National Service Center for Environmental Publications (NSCEP)
Effects of Agriculture on Stream Fauna in Cenlrallndiana; 1983; EPA Project Summary
htlp://nepis.epa.gov/Exe/ZyNET.exe/2000TMDT. TXT?Zy ActionD=ZyDocument&Client
=EP A&!ndex=1 98! + Thru+ 1 985&Docs=&Query=agriculture+near+streams&Time=&End
Time=&SearchMethod=3&TocRestrict=n&Toc=&TocEntry=&QField=pubnumber^%226
00S3 83020%22&QFieldY ear=&QFieldMonth=&QFieldDay=&UseQField=pubnumber&!
ntQFieldOp= 1 &ExtQFieldOp= 1 &XmIQuery=&File=D%3A \zyfiles\lndex%20Data\8 1 thru
85\ Txt\00000008\2000TMDT. txt&User=ANONYMOUS&Password=anonymous&SortM
ethod=hl-
&MaximumDocuments= 1 0~FuzzyDegree=0&!mageQuality=r75g8/r7 5 g8/x 1 50y 1 50g1 6/i
425&Display=plf&DefSeekPage=x&SearchBack=Zy ActionL&Back=Zy ActionS&BackDe
sc=Resulis%20page&MaximumPages= 1 &ZyEntry= 1 &SeekPage=x
Thank you for your consideration of my input. Having urged past Council's to place or
retain this on the priority lists, ! will also urge you to do it right and well, with patience and
appropriate expertise the first time rather than act out of a desire to put the matter behind
the Council.
Respectfully,
Cate Hartzell
3
Attachment One
How can agriculture affect lakes and rivers?
Improperly managed agricultural activities may impact surface water by contributing
nutrients, pesticides, sediment, and bacteria, or by altering stream flow. Fertilizer and
pesticide use, tillage, irrigation, and tile drainage can affect water quality and hydrology.
Livestock production practices, including ripanan grazing, confined feeding operations,
and manure management can also impact water quality.
Cemprehensive fann plans and Best Management Practices (BMPs) address these
activities to minimize degradation of water resources. Net all agricultural preduction
adversely affects water quality, but because much .of the state is agricultural land, there is a
potential fer impact en your lecal stream or lake. Regienal differences in land use and lake
characteristics will influence how susceptible your lake .or river may be.
How can crop preduction affect water quality and hydrology?
Improper fertilizer management can centribute nutrients from excessive use .of either
cemmercial fertilizer or manure, improper application metheds .or timing, .or inadequate
BMPs to minimize leaching or runoff. Nitrogen meves easily as nitrate, dissolved in
surface water runeff, drain-tile flow, .or seepage to ground water. Phosphorus is generally
bound to soil particles and may be carried te surface water through erosien or in selution.
Nutrients cause excessive plant and algae grewth in lakes and streams.
Crop productien may alse centribute pesticides te surface or ground water. Pesticides
include herbicides, insecticides, fungicides, and other chemicals to control pests. Some
pesticides or their breakdown products last a long time in soil or water. Some pesticides
are very soluble in water and are more susceptible to leaching or runoff.
Thousands of acres of agricultural land in Minneseta have been tiled and drained to
improve pr,oductivity. Drainage caITies excess nutrients and pesticides and moves water
more quickly .off the landscape. Rather than saaking slawly inta the ground, water moves
rapidly into streams and lakes, changing the hydrology, or flow patterns. More water ends
up reaching lakes and streams faster than it would fram undeveloped landscapes. This has
implications for water quality and biological communities.
Irrigatien and chemigation (when pesticides are added directly to irrigation water) can
increase the potential far nutrient and pesticide transpart ta nearby surface waters and
ground water belaw agricultural fields. Base flow in nearby streams, lakes, or wells may be
affected by intensive irrigatian that draws down the ground water table.
Row-crop preductien can alsa increase the sediment laad in lakes and rivers. Expesed seil
is mare susceptible te wind and water erosian. Cultivatien near sharelines or an Highly
Erodible Lands (HEL) can intensify eresion and sedimentatian. Increased sediment can
L\
reduce flood capacity, 'instream flows, habitat, and aesthetics. Riparian filter strips, grassed
waterways, crop residue, and other conservation practices can minimize soil loss.
s
Page 1 of3
April Lucas - Fwd: water resources protection & farming in the city
-
'1'1i'll'rn.;
~.,"
From:
To:
Date:
Subject:
Maria Hanis
April Lucas
5/11/2009 12:03 PM
Fwd: water resources protection & farming in the city
RECEIVED
-_._~-_....----_.._..._._--~._._._-..._-----.--_._.__.__.~-_. _..._..__._-_.__._---_.-._----_._._~----._---
MAY 1 1 2009
A public comment to add to the water resources file.
>>> Paul Kay <roguewater@mind.net> 4/29/2009 10:39 AM >>>
Hi Bill and Maria,
City of Ashland
Community Deveiopment
I'm communicating with the Oregon Department of Agriculture (ODA)
about ag water quality rules' applicability in city limits. I've been
involved in the process or developing agricultural water quality
management plans and rules since 1998, first as an observer, presently
as chair of the local advisory committee. My comments are not as a
representative, but as an individual. '
Agricultural water quality management rules and plans may not cover
all objectives of the proposed water resources protection ordinance.
I'll stick to the water quality objectives of the ag rules and plans.
RULES do not prescribe practices, they specify prohibitions of
conditions that cause water quality degradation. PLANS suggest best
management practices, and include an educational component. The
landowner/operator decides practices, but is not limited to what's
suggested in the plan.
My interpretation, and ODA's cursory review, is that agricultural
water quality rules and plans do apply inside city limits, and that
cities can add requirements or prohibitions in addition to state
regulations. I will inform you ofODA's more in depth view of
jurisdiction (or at least my review and reasoning if response is not
prompt enough for practical application) of the agricultural water
quality rules and plan in relationship to the water resource
protection ordinance. I will also suggest wording that you may wish to
include in the water resource protection ordinance.
Assuming applicability, the agricultural water quality rules for this
area, the Inland Rogue Basin (that would be the Rogue Basin within
Jackson and Josephine Counties, but not Curry County or California),
lists prohibited conditions caused by the landowner or operator that
would cause excessive soil erosion, riparian vegetation destruction,
surface inigation return flows, or waste.
A complication is that the newest version of rules have not been
adopted, and it would be better to include references to the new rules
rather than the existing, but the default covers the same prohibited
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Page 2 of3
conditions using different language. New rules ought to be adopted
later this year, but you never know until it's donc. A further
complication is the recent merging of the Bear Creek basin into the
Inland Rogue. A merged plan has been adopted by the Local Advisory
Committee but there are scparate rules for inside Bear Creek and the
rest ofthe Inland Rogue until adoption of the rules for the merged
water quality management area. Lots of things on the table all at once.
My interpretation is that, under agricultural water quality management
plans and rules, a tractor could be used within the proposed riparian
protection zone, but could not do things that would cause excessive
soil erosion (for example, plowing = no, haying or mowing = yes) or
dcstroy riparian vegetation. Chronic disturbance through common
cultural practices would not support the growth of new riparian
vcgctation.
In my opinion, city requirements or prohibitions within the defined
resource protection zone in addition to state regulations, could be a
strategic error for the overall goal of ordinance adoption and
community relations. There are conservation cost share programs that
provide incentives agreeable to many landowners. Though, long term
conservation agreements might be in conflict with plans for
urbanization, both private development plans and public comprehensive
planning goals. So, farming within urban areas is a special casc to
consider.
Do you have information (numbers at your fingertips or an
approximation in your mind) that would provide some understanding of
the scale of potential impact of agricultural land use in relationship
to urban land use? I'm thinking of: I) the number of parcels currently
in agriculturallana use, or idled but not currently proposed for
urban development, 2) total acreage of those parcels, 3) stream
frontage of ag lands. Not sure how to address wetland buffers with
respect to use of machinery such as tractors.
REFERENCES
Here is a link to current Agricultural Water Quality Management Area
Rules and Plans for Bear Creek and the Inland Rogue Basin. I will
provide concise references in a future email, after I receive comments
by ODA.
http://oregon.goy/ODAlNRD/wateLagplanS,cShtml
Thank you for your consideration.
,-Paul 0
o
Paul Kay 0<:))))))><
Rogue Water
1234 Strawberry Lane
Ashland, Oregon 97520
file:/IC:\Documents and Settings\lucasa\Local Settings\Temp\XPgrpwise\4A08I 426AshD... 5111/2009
Page 3 of3
(541) 488-8840
(541) 601-8461 cell '
roguewatei-@mind.net
\
,
file://C:\Qocuments and Settings\lucasa\Local Settings\Temp\XPgrpwise\4A081426AshD... 5/11/2009
"
.
To: Mayor Stromberg and Ashland City Council
cc Parks Commissioners, Administrator Martha Bennett, Parksp~rector DOI;lRobe~on
Date: May 11,2009
Thank you for your attention to pesticide use concerns in Ashland's Water Resource Protection
Zones. Below is an update and summary of our recommendations for (a) creating a consistent pesticide
reduction policy for all City Departrrierits lina the'Parks'and Recreation Departrrientarid(b) conducting
educational outreach about pesticide reduction for the community-at-Iarge.
I. Prim~ purpo~es of the W~ter Res~~ceP~otectio~ Zone Ordinance are to reduce"pollutio~, .'
improve water quality, and protect habitat for fish and wildlife in Ashland's stream corridors and
wetlands, all'of which support a more' "sustainable" Ashland. Key opportunities to achieve' these gaaJs
include: (a) strengthening pesticide regulations on Ashland public lands maintained bv the Parks
Department, and (b) educating citizens. retailers. and pesticide applicators about nan-chemical
alternatives and safety precautions' for chemical uses.
(a) The current Ordinance draft does not further restrict uses of pesticides in the proposed Water
Resource Protection Zones on City Park lands. In order to achieve consistency with Ashland's 19%
Pesticide Use Ordinance (AMC 9.28), we urge you to, withdraw the exemp.tion for the Parks an,d .' ,
Recreation Department, 'thereby requiring them to join'other City Departments in working to .' .
"reduce or eliminate" pesticide use. Although the Parks Department has their own pesticide policy
which mandates "minimizing" pesticide uses, it does not require them to "reduce'~ pesticide use., ' "_
. Reduction i~ the necessarY first stage of all the integrated pest management (IPM) stiategie~ adopted by'
Ashland and 17 other cities in the PaaficNbrthwest. '. ' ' .' ";',,, :' ".
;,. ' (b) Please add language to support an 'ongoing education program on (a) techniques that teduce.
ar eliminate pesticide uses and (b) safety measures for pesticide application, storage,an.d disposal. This
will help reduce or eliminate: pesticide use on private property, where City regulations do not ~pply.
.', . . ..' : "
2. Signatures from:337 people were collected at the Earth Day Celebration, in front of the Ashland
Coop, and from iocal business owners. . More are being collected. The original letters with signatures ~ll
be turned in to the appropriate City afficial. .' ;
Many people we talked to were shocked to hear that the Ashland Parks Department uses pesticides
for repetitive maintenance and casmetic uses. Some wanted an immediate ban an pesti~ides in our Parks.
Others endorsed an assertive IPM program to steadily reduce and eliminate pesticides:' ,
3. Attached is a map of the 47 Parks Department pesticide applications in 2008 that 'Don Todt
identified as entirely or partially 'in the proposed Water Resource Protection Zones.' These 41'" ". : "
riparian spray events occurred in Lithia Park near 'Ashland Creek, North Mountain Park near Bear Creek,
and Clay Park near Cemetery Cree~ (see attac!1ed spreadsheet for quantities an'd target specie~).
'. '. . ,.r .
4. Attached is. a one-page list of City officials and parks personnel from other arel!S who have
volunteered to serVe' as resources for reducing chemical pesticides in Ashland parks and properties. .
5. Also here is a Portland Parks and Recreation Department analysis:"Comparison oCCosts and
Inputs." It analyzes their (a) first-stage-lntegrated Pest Management Model and (b) fmal-stage Pesticide
Free Park Trials. This gives concrete data for analyzing costs and savings.
6. Ashland citizen volunteers gathered on May 3rd to remove weeds and invasive, non-native
vegetation in Glenwood Park, to help neighbors who have volunteered for the last ten years keep it
pesticide-free. We worked according to direction from Parks Department personnel. Our hope is that this
event will attract many more volunteers, as soon as the Parks Dept. transitions away from chemical
pesticides. See attached front-page article ~m the ~ay 4 Daily Tidings, "Leading by Example."
Sincerely, ~ ~ f" . RECEIVED
Angie Thusius and Julie fqorman, for GrahdJ athers and Friends in Green !
.
.
';",<.
i MAY 11 aID
"
-'
Cfty or ASI1l8nd . .
:-
Monday, May 11,2009
A group of volunteers collected letters from 337 Ashlanders advocating:
(a) Parks Dept. adoption of Ashland's 1996 pesticide policy (AMC 9.28);
(b) ongoing education of citizens, retailers, and pesticide applicators about:
- best practices to reduce or eliminate pesticide use
- safety measures for application, storage, and disposal.
Here is a list of the 28 Ashland business owners who signed these letters:
Acupuncturewrist, Deborah Davis
Antiquarium Baoks & Antiques, David R. Rich
Avant Garb, Terry Woolf
Blaamsbury Caffee House, David Light
Camputer Doctor of Ashland, Alex Censor
Derek Volkart Painting, Derek Volkart
Full Circle Chiropractic, Georgia Young, DC
Full Circle Real Estate, Eric Paale
Gepettos, Ron Roth & Kathleen MacMichaels
Heart and Hands, Elise Peters
Helga's Playhouse, Helga Motley
Halistic Health Services, Paul Chek
Houstan's Custom Framing and Fine Art,
Thomas Houston
Jega Art Gallery, Rebecca Hounsell
(!"\!I:~';: ~l
_. _\,,0'__
(8 n ytill
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Kentra Body Balance, Angelika Thusius
Lithia Park Shoes, Matt Mohatt
Looking Glass Beads and Jewelry, Mary Maare
Natl. Center for Conservatian Science Palicy,
Tanya Graham & Daminick DellaSala
Nectar Ecoboutique, Holly Darling
Northwest Nature Shop, Chris Uhtaff
Paddingtan Statian, Pam Hammand
Perfect Solutians, Julie Teitelbaum
Solar Technologies SULA, Darwin Thusius
Transitian Foundatian, Lawrence Katz
Transition Town, Shaktari Belew
Travel Essentials, Nancy Bestar
White Sage Garden, Scott McGuire
Zaey's Cafe, Ryan Lehmann
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Information Resources for Pesticide Reduction
.
1. ARCA T A, CA (city ordinance banned pesticides on all City properties in 2000)
Contact: Parks Superintendent Dan Diemer (enthusiastic about sharing info.)
(707)825-2213, ddiemer@cityofarcata.org
Arcata Pesticide Reduction and Integrated Pest Management (IPM) Plan,
including methodolagy for educating private property awners
http://www.cityofarcata.orgJimages/stories/pesticide-plan.pdf
2. OREGON STATE UNIVERSITY , CORVALLIS
Contact: Tim Stock, IPM Educatian Specialist, Integrated Plant Protection Center
(developing a support network for City and State Parks maintenance staff)
541/737-6279, stockt@science.oregonstate.edu
3. PORTLAND, OR
Pilot pesticide-free parks program with cost/savings analysis
, http://www.portlandonIine.comIPARKS/index.cfm?c=47501
.
4. SEATTLE, W A
Contact: Barb DeCaro, Office of Environmental Management
barbara.decaro@seattle_gov
Summary of Parks Pesticide Reduction Policy
http://www.seattIe.gov/parks/HorticuIture/pesticide.htm
Pesticide Use Reduction Strategy (landscape and grounds management)
http://www_seattle.gov /environment/ documents/pesticide reduction strategy _doc
Pesticide Product Review Process
http://www_seattle.gov/environment/Pesticides.htm
5. SAN FRANCISCO, CA
Contact: Chris Grieger, Integrated Pest Mgmt. Program, SF Dept. afthe Environment
geiger@sfgov.arg
2007 Reduced-Risk Pesticide List Guide
www.sfenviranment.orgJdownloadsllibrary/approved _list~de _ 07b.pdf
2009 Reduced-Risk Pesticide List by INGREDIENT (starts on p. 6)
www.sfenvironment.camldownIoads/librarylsCrrpl_sorted_ by _ingredient_3I 709.pdf
6. FAIRFAX,CA
Mayor David Weinsoff (volunteered to talk)
. (415) 460-1993, weinsoff@townoffairfax.org
Table 1
Table 1: 'Summary Comparison of Costs and Inputs
Comparison of average inputs per year for one averaged trial park of 5.6 acres;
PFP management model compared to current Portland Parks IPM model.
PFP !PM
PFP Start-up Cost $9,455 (includes signs and toolbox)
Ongoing PFP Labor Cost $3,390 No PFP costs
PFP Pans and Materials Cost $230
Non-PP&R Labor Hours 144 hours per year o hours per year
(NCAP etc.)
Volunteer Hours Needed 117.8 hours No volunteer weedinlr '
Herbicide Use:
Roundup Pro None used 28.8oz per year -
Other None used 6.60z Surflan, 21b XL2G
Herbicide Application Labor $0 $371 per year
Cost
Herbicide cost $0 $19.92 per year
Total Weed Management Cost $3,621 $370.92
(plus volunteer and NCAP hours: 261.8) 'Volunteer hours: 0
No pesticides used, No pesticides used in
Chipped Playground Areas no affect on management. or near chipped
playground areas.
Flame weeded. Roundup application 1 to 2
Ballfields times per year.
Dragging and grooming by Ballfield Dragging and grooming by
maintenance crew Ballfield maintenance crew.
Turf aerated) over seeded and fertilized. Turf aerated, over seeded
Turf and fertilized.
Mowed frequently and at healthy height. Mowed frequently and at
< healthy height.
Note; Management of trial parks prior to the PFP trial utilized the current PP&R lntegT2ted Pest Management (lP?vf)
program methods and materials. IPM uses many strategies to <lchieve goals, combining cultural, pnysical, biological rod
pesticidal methods in a holistic, informed, and environmentally sensitive mmner. As was typic~ for a neighborhood
p~_~! no insecticides or other highly toxic substances were previously used, and only 'a small qumtiry oflow toxicity,
.~~~,~~'ad~~~e herbicides were 'applied when needed to shrub beds, billfields, tree circles md fence lines. All use of
~herbici&;-by PP&R in parks is stricdy controlled and 'administered by the IPM program and its policies. Only stite
licensed appliC2tors following IPM guidelines are allowed to apply herbicides. Products used are chosen only from
'a carefully screened rod pre-'approved list. Health, safety:md environmental issues are thoroughly 'addressed before
..appronl is given. Addition:illy, PP&R policy states herbicides :lIe not used to control vegetltion in chipped children's
_phy :tre<lS or their margins. Noti6c'ation sign'age and ""Tinen record keeping is required for :ill park 'applic'ations.
www.PortlandParks.org
Portland Parks & Recreation
.
.
.
33
.
.
.
Community Action
May 4, 2009
Photos by Larry Stautb Jr. I FOI the T'ldings
COMMUNJTY MEMBERS gathered Sunday at Glenwood Park to demon5trate through aCtion the ability to (afe for a park without the use of any fOlrn of
pesticides. Shown are Joanne Navickas (mother of Gty Councilor Eric Navickas), left. and Julie Norman, right, pulling weeds and briars by use of basic tools.
Leading by example
- ---
Residellts vohmteer to keep
publkparks pesticide-free
By F.B. Drake III
Tidingsconespondent
ill response to growing CO/lcems llbuut pes-
ticide use and its consequenc{'s, a group of
Ashland residents volunteered Sunday alter-
noon to tackle issues at Glenwood Park nor-
mally-handled with pesticides.
The volunteers, headed by coonlinators
Angelika Thusius and Julie Norman, hope
this kind of community action could become
a model for keeping neighborhood parks pes-
ticide-free.
~We want to make this a success story,.-
Norman said. ~Mllybe other neighborhoods
could adopt a park and maintain it."
Norman explained for the past 10 years,
there has been a neighborhood team helping
to maintain Glenwood Park, which borders
Beach Creek.
The presence of the creek makes the area
more sensitive to pesticide use, and thus, it is
the area of grentest concern for the volunteers
"The Parks Department sends reports to
Salem each time a pesticide is used," Norman
said. "207 reports were sent by Ashland and
47 of these uses impacted a riparian area ei-
ther fully or partially. We are concentrating
on the riparian zones."
Ashllind Parks Horticulturist Donn Todt
went to area parks with North Mountain
. Park ~ature Center Representative Barbara
Chesney and flagged tasks to he pelforllled by
the volunteers including: weeding and clear-
ing tree wells,.removing non-natiVe and inva-
sive plants and weeding out the shrub beds.
Completion of these tasks will prevent the
parks department from using herbicides to fix
the problem.
uWe have a lot of problems with non-native
species,. Toot said. "There are species along
(Beachl.Creek that.are reall)' invasive to the
native plants. We basically ignored that situ-
ation".
ASHLAND RESIDENT RIVERS BROWN EXAMINES THE ROOT OF A freshly pulled weed while
volunteering to help dean up Glenwood Park on Sunday.
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Page 1 of I
April Lucas - Water Resource Ordinance--~etting the Record Straight on a couple ofissues
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From:
To:
Date:
Subject:
cc:
Rick Landt <landtifam@opendoor.com>
Bill Molnar <bill@ashland.or.us>
5/7/2009 1 :31 PM
Water Resource Ordinance--Setting the Record Straight on a couple of issues
<council business@ashland.or.us>
Hi Bill,
Could you please see that the following becomes part of the record on the Water
Resource Ordinance?
Thanks,
Rick
482-1186
Dear Councilors,
Having been involved with the Riparian/Water Resource ordinance since its inception, I would
like to set the record straight on a couple of issues.
I have carefully studied the currently proposed ordinance, and have been limited to five minutes
per public meeting to lry to express my concerns. Due to the time limitation, I did not take the
time to acknowledge that I did have input outside of meetings, having mel with Planning Staff on
a couple of occasions, and having hosted Planning Staff and Planning Conunissioners at my
property on AsWand Creek. Some of the input I-gave at these meetings can be found incorporated
, in the draft ordinance. Most are small points, but nonetheless, it would be disingenuous for my
silence on the issue 10 imply that I have not had input.
Second, at the April 21 st Council meeting, staff, during their presentation on the background of
the ordinance development, stated that there had been a technical advisory committee involved in
the ordinance. Having been a member of that conunittee as the Ashland Watershed Partnership's
representative, I can clearly state that although there was a conunittee, the conunittee did not
review the draft ordinance from any technical standpoint. The conunittee met twice, I believe,
and did no substantive work in part, at least, because there was no sense of urgency owing to the
fact that there was no timeline.
Rick Landt
468 Helman Street
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