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HomeMy WebLinkAbout1997-0107 Council Mtg PACKET " Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and Inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be heard, and the length of the agenda. REVISED AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL January 7, 1997 I. II. III. ",w:' V. ., PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers. ROLL CALL OATH OF OFFICE: Administering Oath of Office to newly-elected officials. APPROVAL OF MINUTES: Regular meeting minutes of December 17, 1996. MAYOR'S ANNUAL ADDRESS: "The State of The City: VI. SPECIAL PRESENTATIONS & AWARDS: VII. CONSENT AGENDA 1. Minutes of boards, commissions, and committees. { 2. Monthly Departmental Reports - December, 1996. 3. City Administrator's Monthly Report - December, 1996. 4. Approval of Uquor Ucense Application from Ken Williams for an ESTABLISHMENT, Trinity Lanes at 1505 Siskiyou Blvd. 5. Memorandum from Fire Chief Keith Woodley regarding City Burning Regulations. VIII. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker. All hearings must conclude blJ:30 p.m. or be continued to a subsequent meeting). y co~~~n of hearing on request for Outline Plan approval for a seven lot ,/ . subdivision under the Performance Standards Option located at 25 Westwood Street (Continued to 1/21/97). 2. Adoption of an increase in the Transportation'Utility Fee to establish an "Arterial Street Assistance Account.' IX. PUBLIC FORUM: Business from the audience J1Qt included on the agenda. (Umited to 5 minutes per speaker and 15 minutes totaL) ~ X. N tNISHED B INE Authorization for Mayor and Recorder to sign agreements with ODOT for Sherman Street and Central Ashland Multimodal Path. 3. Election of Citizen's Budget Committee Members (2). XI. NEW & MISCELLANEOUS BUSINESS: 1. Proposal from RVTD for restoration of 15-30 minute bus service from January 13 to June 30, 1997. 2. Notice of Special Meeting of City Council at 11 :OOam Thursday, January 9, 1997 at Council Chambers, 1175 East Main, to adopt a resolution calling for a special election on flood restoration bonds. XII. ORDINANCES. RESOLUTIONS AND CONTRACTS: w.d.. ~~CY Second reading by title only of "an Ordinance Replacing Chapter 18.106 of ~ the AMC in Order to Modify Approval Standards for Annexations." ~J 2. Resolution Exempting from Competitive Bidding Certain Emergency Contracts Related to the New Year's Day Flood, January 1, 1997. wJ. 6ft 3. A Resolution of the City of Ashland, Jackson County, Oregon, declaring Official Intent to Issue Reimbursement Bonds to Reimburse Expenditures Incurred for Flood Damage (TO BE HEARD AT SPECIAL COUNCIL MEETING ON THURSDAY, JANUARY 9, 1997) (:if' A Resolution Ratifying the Declaration of Emergency Made by the City , Administrator and Assuming Additional Emergency Powers During the Emergency. XIII. OTHER BUSINESS FROM COUNCIL MEMBERS XIV. ADJOURNMENT (Note: Goal-setting, January 17-18 has been cancelled until further notice) ~l MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 17. 1996, PLEDGE OF ALLEGIANCE Mayor Golden called the meeting to order at 7:00 p.m., Civic Center Council Chambers. ROLL CALL Councilors Laws, Reid, Hauck, Hagen, Wheeldon and Thompson were present. Councilor Reid left meeting shortly after presentation of Community Attitude Survey. APPRO V AL OF MINUTES The minutes of the Regular meeting of December 3, 1996 were approved with the following amendment: page 2, item 2, paragraph 3; Councilor Wheeldon requested that minutes reflect the question of whether to open up the parameters of that fund in the case of an arterial street request. SPECIAL PRESENTATIONS & AWARDS 1. Presentation of Community Attitude Survey by Western Attitudes, Inc. Conservation Director Dick Wanderschied and Barbara Tull from Advanced Marketing Research presented results of survey. The survey was summarized as follows listing the top choices; 1) Like most about Living in Ashland: Size; 2) One Thing to Change about Ashland: Growth issues; 3) Satisfaction with City Services: Generally "somewhat" ,or "very" satisfied; 4) Rating the Quality of City Services: Highest marks for "maintaining city park grounds and equipment", "fire response time" and "ambulance response time"; 5) Population Growth: People still feel population growth in Ashland is "too fast" or "just right", definitely not "too slow"; 6) Economic Growth: People feel economic growth in Ashland is "just right" (45%), or "too slow" (30%); 7) Change in Local Conditions: "recycling opportunities" is perceived to have gotten appreciably better over the past year or two; 8) Quality of Life in Ashland: "physical attractiveness of Ashland" and "cultural opportunities" were rated highly; 9) Cultural Diversity: Residents feel there is a moderate amount of ethnic and cultural diversity; 10) Trust in Local Government: Residents feel there is a moderate amount of trust in local government in Ashland; 11) Attitude Toward Tourists: Generally positive; 12) Crime: same level of safety as a year or two ago; 13) Input on City Decisions: "somewhat satisfied"; 14) Participation in City Government: 18% "very willing" to attend forums,_l'S'% "very willing" to serve on a short-term committee, 10% would be "very willing" to'rserve on a four-year committee; 15) City Council Meetings: 60% have watched a City Council meeting, 23% have attended a City Council meeting; 16) Use of City Pacilities:Lithia Park and local natural or scenic areas are most widely used; 17) Shopping Behavior: majority of people buy appliances and do major clothes shopping in Medford; 18) Sources qf Information: Ashland Daily Tidings and TV news programs; 19) Newspaper readership: front section of the '-' . newspaper; 20) Contact with the City: 51 % have contacted the City of Ashland by phone in 0' City Council Mocting 12-17-96 the last year or two; 21) Employment Status: 42% of Ashland residents are employed in Ashland, 23% are employed outside Ashland, 29% are retired, and 6% are unemployed, Councilors Laws/Thompson inls to rearrange agenda, placing unf'mished business after Public Forum portion of agenda. Voice vote: Laws, Hauck, Hagen, Wheeldon, Thompson, YES; Reid, NO. Motion passed, 5-1. CONSENT AGENDA 1 Minutes of boards, commissions, and committees. 2. Monthly Departmental Reports - November, 1996. 3. City Administrator's Monthly Report - November, 1996. ,4. Letter from Ashland Sanitary & Recycling Services concerning closure of Valley View Landf'ill effective January 1, 1997. 5. Authorization for Mayor and Recorder to sign agreements with ODOT for Shennan Street and Central Ashland Multimodal Path. 6. Memo from City Administrator regarding Council goal-setting on January 17-18, 1997. 7. Memo from the City Attorney concerning litigation between Thierolf and City of Ashland, LUBA No. 96-011 and LUBA No. 96-022. 8. Confinnation of Mayor's appointment of Russell Rickert to"Bicycle Commission. 9. Acceptance of Annual Audit for 1995-96. Councilor Wheeldon requested that item #5 be pulled from Consent Agenda. Mayor Golden requested that item #7 be pulled from Consent Agenda. Councilors HagenlWheeldon mls to approve Consent Agenda items #1-4 and #6, #8 and #9. Voice vote: all AYES. Motion passed. PUBLIC HEARINGS 'I. Adoption of the Transportation Element of the Comprehensive Plan. Planning Director John McLaughlin and Assistant Planner Maria Harris presented suggested modifications to Transportation Element. Harris noted changes based on issues and concerns that were raised at past public meetings. Clarification on the concept of "modal equity", or the equal opportunity to use all modes of travel. Noted that there is a new section on Freeway Access. Suggested adding a new policy to the Street System section, which coordinates the Ashland downtown plan. Under the pedestrian bicycle goals and policies, there has been a policy added that the city will encourage the establishment of a community owned bicycle program. Also under pedestrian bicycle goals and policies, there is currently a policy that says we will promote a mixed land use pattern and pedestrian environment design that supports walking and bicycling trips. "Where appropriate" has been added, which reflects the language that is in the present economic element of the Comprehensive Plan. City Council Mocting 12-.17-96 2 McLaughlin commented that this document is not for us today, it will be the one that will result in the changes that will occur over the next 20 years. This is to be used to guide the future generations in their transportation uses and options for the future. Recommends adoption of the element. PUBLIC HEARING OPEN: 7:40 p.m. Jim SchakelfordJ745 Iowa/Commented that he was glad transportation was a priority. Commented on the perception that it is safer to drive Siskiyou than to ride a bike. . Liked the idea to make a plea to the general public regarding changing mode of transportation. Commented that it would better to keep traffic flowing well in smaller communities. Dennis SweeU1135 Wrighton Drive/Commented on the work by the TPAC committee. Felt the document should be more conclusive of other modes of transportation. Distributed to council statistic information. Concerned with the availability of parking and Highway 66 configuration. Concerned with change of ownership from State of Oregon to the City of . Ashland on Highway 66. Wayne Leeman/147 Blue Heron/Feels the transportation proposal inadequately deals with the automobile. Commented on several places in the document which he feels is negative toward automobiles. Document sites time saved in regards to bicycles and walking but does not take automobiles into account. Feels that the role of automobile should be taken more seriously as to what its benefit is. Russ Rickert/l64 Almeda/Representing bicycle club. Appreciated the element that went into the transportation proposal. Feels the automobile has dominated the city for a long time. Commented that their club does ongoing education of bicycle ways. Feels a bus serviCe would help when the weather is a negative element. Renee Rickert/l64 Almeda/Commented that some people do not feel there is a safer method of transportation than the automobile. Would like to have seen all modes of transportation treated equally in the document. Richard Jensen/9159 Wagner Creek Road, TalenUCommented on his resolution to use alternative ways of travel. Feels the proposed Transportation Element is an excellent document. Commented on his disappointment with the stand that the Chamber of Commerce has taken on the transportation proposal." Feels this plan would encourage drivers to get out of their vehicles. Brian Norton/46 Lincoln/Urged Council to adopt transportation plan. Feels this document would make the city a bike friendly town. City Council Meeting 12-17-96 3 David Bubb/975 Anderson Creek, Talent/Feels many proposals in transportation document are user friendly for the city. Commented that the City of Ashland has been noted for the high level of alternative means of transportation currently. Zach Brombacher/1370 Tobnan Crk RdlStated th'at it was hopeless to change the council perception to the transportation proposal. Commented that he understood that the State Highway is going to divert drivers down Siskiyou Boulevard which would mean that Siskiyou Boulevard may be widened. Doesn't feel the future is going to get any better for streets. Bob Taber/97 Scenic Drive/Commented that he felt the document was conservative. Appreciated that transportation was being addressed. Need to find other ways for transportation, other than getting into their cars. Feels this is an opportunity for the City to create a unique transportation plan. Need to have in place and growing, a mass transit system and with dis-incentives to not driving the car. Feels the proposed transportation document is a good start. Need to show businesses that this is a viable and beneficial to their businesses. Martin Levine/2122 Creek Drive/Read statement to council on his position regarding proposal. Noted whether it would be reasonable to expect hillside residents to walk or bicycle from locations difficult to reach by car and how elderly would get around. Questioned the reality of expecting people to use bicycles or walk to downtown stores and restaurants in poor weather conditions. Larry Medinger/1160 Oak Street/Feels the transportation document addresses the tourist season. Feels we should do more with what we have. Peter FinkIe1785 Beach Street/Spoke on his experience on the TPAC committee and how they were trying to enhance the quality of life in Ashland. . PUBLIC HEARING CLOSED: 8:25 p.m. Mayor Golden clarified that nowhere in the plan does it say people cannot drive. It is understood that there are times for the elderly when it would be more difficult to take alternative modes of travel. The public transportation portion of this is to try to help with this and also to increase shuttle cars throughout the city for the elderly is an important component. It is understood that people who live on the hillside will have to drive, but . hoped to encourage more development in the flat land where eventually as infill happens, buses become more economically feasible, or walking and bicycling.. Narrowing streets are intended to slow traffic and make pedestrians and bicyclists safer. It is felt that is a very positive plan for downtown businesses in Ashland. Plan is about providing opportunities for individuals to choose alternative modes of transportation. Plan is meant to be visionary. Council commented that this plan is a way of looking toward the future. This plan will provide opportunity to use other forms of transportation which are safe and reasonable means of alternative transportation. Feels there is a false sense of perception that the document is c;ty Council Mcding 12-11-96 4 trying to force people from using automobiles. Plan is to encourage other means of transportation and the only way to do that is to provide other means of transportation that is both convenient and easy to use. . Councilors Thompson/Wheeldon mls to approve adoption of Transportation Element with the additional proposed amendments. Roll Call: Wheeldon, Thompson, Laws, Hauck and Hagen, YES. Motion passed. 2. Request for Outline Plan approval for a seven lot subdivision under the Perfonnance Standards Option located at 25 Westwood Street. Mayor Golden read statement regarding procedure for Land Use Hearing. Called the hearing to order. EX PARTE CONTACT: Councilor Wheeldon: Met with residents of Westwood; Councilor Hagen: attended prior Strawberry/Westwood planning meetings; Councilor Hauck: site visit. Planning Director John McLaughlin and Assistant Planner Bill Molnar presented the standards and criteria for outline plan approval. Stated this is a straight-forward subdivision of seven lots, reported that during the testimony at the Planning Commission there was concern raised about the improvement of Westwood Street. Westwood is now an unpaved street from its intersection with Orchard south to where it goes through this project. The applicant has proposed that Westwood be improved through the project at her expense or a Local Improvement District formed. As a condition, the applicant has been required, should an LID not be formed, that before the subdivision would be approved by signing the final plat, an LID must in place or the applicant has improved the street or provided full bonding for this improvement to guarantee that the improvement would be done. Council questioned whether there were properties that had signed "in favor" of an LID. McLaughlin explained that there are property owners who have previously signed "in favor". McLaughlin explained that in the Pinewood West cul-de-sac there is potential pedestrian linkage and this has already been proposed. Council questioned whether this was an LID issue. McLaughlin explained that one of the conditions to approval of the development is a condition that there be a improvement of . ,'. Westwood Street. PUBLIC HEARING OPEN: 8:55 p.m. APPLICANT: Anna Hassell/25 WestwoodlDan Harris 2101 Dead Indian Road, representing Ms. Hassell/Property was purchased over 10 years ago with the intention that it provide for her in retirement. Commented that Hassell has met with neighbors many times and city staff City Council Meeting 12-17.96 5 I I ,I I I ,I I also. Feels the only issue is, who is to pay for the improvement of Westwood Street. Commented that the language in the city ordinance requires that Hassell show that paved access to and through the development can be provided. The findings made by the Planning Commission indicate that the applicant has proposed to improve Westwood Street from Orchard Street up and along the frontage of her development through the formation of a Local Improvement District. A preliminary plan for the proposed street improvement has been provided by the applicants consulting engineer. If a local improvement district is not formed the applicant will have the option of improving Westwood at her cost. The information provided in the record this far establishes the fact that this is an unimproved dirt road, but the requirements, by city ordinance does not allow this to remain unimproved if a development is approved. Commented that the LID issue, is a issue for council hearing at a later time. Commented that the merits of the application have been stated by the planning staff in that this is a application for a seven lot subdivision with future plans of developing three more lots. IN FAVOR: None APPELLANT/OPPOSED: Richard Stevens/131 No. Bartlett, Medford representing the Westwood Neighbors/Feels the issue of the LID has been exaggerated. Feels the real issue and primary concern of the Westwood Neighbors, is Section 3, item #2 of the Planning Commission order. The Westwood Neighbors do not want to pay for the improvement of the street which would be to the benefit of the applicant. Stated that if the council were to remove this first. phrase, the Westwood Neighbors would probably go away, and not object to this development. Concerned that there is no way to determine, at this stage, the procedure and cost of a Local Improvement District. Feels it is the responsibility of the subdivider to provide street pavement to and through their subdivision. Does not believe the City can allow subdividers to use Local Improvement Districts as an assistance for subdivisions. Raised two issues, one of procedural and one of substantive issues. The procedural issue involves the criteria, sites application of ORS 197.763 S3. States that this ORS requires that notice of a hearing list the applicable criteria from the ordinance and the plan that apply to the application at issue. Stated that the notice of the public hearing before the Planning Commission and the City Council which was read previously by the staff, "that the development meets all applicable ordinance requirements of the City of Ashland", is not adequate. Further stated, you must extract from your plan and your ordinances the applicable criteria, inform all parties involved what the criteria is, failure to do this, is a procedural problem. Submits to council, that requiring that a Finding be made, that an application meet all applicable ordinances of the city of Ashland, fails to meet that standard. Feels that procedurally this application and the process used by the City of Ashland is flawed and the due process rights of the opponents have been prejudiced. Urged council to reverse the decision of the Planning Commission because of the due process problems with regards of the listing of applicable criteria. City Council Meeting 12-17-96 6 The second issue raised is a substantive one. Cautioned council that it is difficult for him to raise substantive issues based on the procedural flaws. If he does not know the criteria, and they have not been articulated to him, what is he suppose to address to the council. Mayor Golden clarified that Stevens may not know what the ordinance requirements are, Comments on Planning Commission Findings Section 2, item 2.2, that Performance Standards chapter 18.88 is the first time this chapter appears in this proceeding as an identifying criteria. Also points out that the Planning Commission did not state how the application met those identified sections of the Ashland Muncipal Code, nor did they make a definitive finding that all applicable ordinances of the City of Ashland have been met. Points out that the decision in the order by the Planning Commission is conclusary, they did not go through the steps and processes to identify the proper criteria or to say this is the criteria, these are the facts in the record and this is the discussion, reason and conclusions met, and this is the decision. Does not go through the process of stating how a particular application met the standards. Gave examples of criteria noticed, "that the development meets all applicable ordinance requirements of the City of Ashland", the Commission concluded that the application satisfied section 18.88 of the AMC. He is confident that section 18.88 does not contain all the standards or all of the applicable criteria of the City of Ashland. Stated that applications are required to demonstrate that key facilities can be provided. They are identified as sewer, water, paved access (to and through the development), electricity, urban storm drain, police and fire protection and adequate transportation. The Planning Commission based on information submitted to the record, addressed some of these, but the Planning Commission is silent in regards to storm, sewer, police and fire protection and adequate transportation. And, the Planning Commission failed to determine whether or not the development will cause a city facility to operate beyond capacity. The third criteria requires that the natural features be identified and be set aside. Of the natural features identified in the Planning Commission order, only trees were of apparent concern. Feels there are other features that require consideration by the City of Ashland, such as Wrights Creek. The fourth criteria requires that the development will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. He understands that in the . process, you have to look at the entire parcel when doing an Outline Plan. This was amended with a 11 lot subdivision. Part of the original 7 lots which are on one side of Wrights Creek, shows a open space easement for the creek itself, but when expanded to the additional lots, the map shows a dedicated way 36 feet wide which consumes a great portion of the set aside open space. He does not feel this meets the criteria, in that the development will not prevent adjacent land being developed. Questioned if you can adopt a "part" of a outline plan. City Council MoetJDg 12-17-96 7 There are some additional problems with the summary document in that the density requirements needs to be revisited. States there are 11 lots on this particular subdivision, not 10 as reported or 7 as approved. There is a split jurisdiction that was never addressed and by subdividing this land created a nonconforming parcel. Stated that chapters 18.62, 18.80, 18.88, 18.14, 18.16 of the AMC were either not addressed or were inadequately addressed. Burden of proof lies with the applicant and does not believe the applicant carried the burden of proof. Daryln Adams/189 Westwood Street/Supports appeal being overturned, because there are so many things wrong with it. Henry Kneebone/449 Orchard! Asks that the subdivision be denied until the issue of who pays for the improvement of Westwood is straightened out. STAFF RESPONSE: , McLaughlin stated that the issues raised during this hearing, were not raised at the Planning Commission hearing. These were not points that the staff, the applicant or anyone had an opportunity to address. The opponents addressed different issues than what are the substantive ones that were raised throughout the process. The Findings were not written to address these issues as they were not issues raised during the Planning Commission hearing. Some of the Findings are short, because there were no opponents arguing about these points, so the Findings are adequate based upon the level of opposition. Does make the Findings vulnerable when opponents are given an opportunity to raise issues that were not raised previously. What this means is that the applicant will need to go back and address all of these issues and find answers to everything that has been raised. McLaughlin explained for council regarding the issue of dedicated open space with the road, that the applicant modified the application to do an outline plan of only 7 lots. The other ones are what the applicant is considering, but are not up for approval at this time. This application is for a seven lot development. City Attorney Paul Nolte stated that the notice does state that applicable criteria are attached and is in the document on page 2, which is the criteria for an outline plan approval. Within those criteria, there is a listing that the development meets all applicable ordinances requirements of the City of Ashland. The council would have to make a finding that there are no other applicable ordinances, if that in fact is the case. If there are, it is incumbent upon the opponents to identify and raise those, if the Planning Commission or the Council thinks there are no applicable ordinances. Nolte stated that Stevens has raised a series of chapters that he feels are applicable, and if they are and have not been addressed, then the decision would fail if they are applicable and there is not evidence in the record to address. them. This needs to analyzed, but the notice does meet with the statute by listing what the City Cooncil Mocting 12-17-96 8 applicable criteria are. If there are some that weren't listed, and have now been identified. we will have to make sure that are satisfied in this proceeding. REBUTTAL: Dan Harris stated that the only issue raised to the Planning Commission dealt with the cost associated with improving Westwood Street. Explained that during the Planning Commission hearing the opponents were continually reminded to address the criteria and there was no mention of anything other than the LID. Does not feel there is any standing for the opponents who made this appeal. Commented that during the Planning Commission hearing there was a cost estimate made of $5,000 per lot for the improvement. Clarified that this is. an application for seven lots. PUBLIC HEARING CLOSED: 9:30 p.m. COUNCIL DISCUSSION: . It was clarified for Council; that because this is a de novo Hearing, anything that. is , introduced to the Council becomes part of the record. City Attorney Paul Nolte, explained that chapter 18.108 was revised within the last year and that chapter concerns procedures that the Planning Commission and Council are to use in Land Use matters. Matters appealed to the Council, the appellant must specify or give specific grounds for which the decision should be reversed or modifi.ed based on the applicable criteria or procedural irregularity. The council also provided that the appeal shall be a de novo evidentiary hearing. The intent of the language is that the appellant must specify something that the Planning Commission did wrong based on applicable criteria. The council wanted to leave the hearing open to all issues that it wanted to consider and all issues would be fair game for council. The appellant did not list any of the things that Mr. Stevens brought forward to the council, except the one on transportation to and through the subdivision. .These are valid issues before the council, and council will have to either find that they have been addressed or are not relevant, or allow a continuance for the applicant to address these issues. Council discussed the unfair advantage to the applicant and should consider a continuance to allow applicant time to address the issues raised. Hagen stated that he had heard nothing that would lead him to believe that the applicant has not met all the necessary. criteria. Felt the real issue is the formation of an LID and who is going to pay. Based on this, sees no reason to delay. Council discussed. the need for additional information to determine if applicable standards are met according to the requirements of the city ordinances. Nolte clarified for council that their obligation is either to fmd there are no other applicable ordinances, but they would have to in doing that, address the ordinances that were raised as being applicable, and find City Council Me<ting 12-17-96 9 whether or not they are relevant and the councils reasons for finding whether or not they were relevant. Council discussion regarding sending plan back to the Planning Commission and questioned procedure if appealed to LUBA. Councilors Hauck/Thompson mJs to continue public hearing to January 7, 1997 in order to deal with specific issues on applicable ordinances. Discussion: Nolte clarified for council that the assumption he is following the law is correct, the problem is, because . the issue has been raised, it has to be addressed if it is appealed to LUBA. What the council would be protecting, is that whatever decision is made, that it would stand- if appealed to LUBA. Voice vote: all AYES. Motion passed. 3. . Adoption of an increase in the Transportation Utility Fee to establish an "Arterial Street Assistance Account" (37e) and to restore 15-30 minute bus service (67~). No time allowed, to be placed on future agenda. 4. Proposal from RVTD for Restoration of Service. No time allowed, to be placed on future agenda. PUBLIC FORUM None UNFINISHED BUSINESS from December 3, 1996. 1. Oral report of City Attorney on A.D.A. issues relative to Highway 66 sidewalk repairs. No time allowed, to be placed on future agenda. 2. Request from Lester Zimmerlee, 250 Clay Street, for water connection outside of City limits. , 1 I Lester Zimmerlee stated that his well has become contaminated and requests approval for I water connection. The property is 4.77 acres and is a single residence. The property is served by city sewer currently. _ Council discussed the need to re-visit policy regarding connection of city services outside the city limits. There is general agreement that this policy needs clearer guidelines. Councilors ThompsonlHauck mJs to approve request for water connection. Roll Call vote: Laws, Hauck and Thompson, YES; Wheeldon and Hagen, NO. Motion passed: 3-2. ' city Council Meeting 12-17-96 10 I Councilors Hauck/Hagen mls to continue meeting past 10 p.m. Voice vote: all A YES. Motion passed. 3. Fll'St reading by title only of "An Ordinance Replacing Chapter 18.106 of the Ashland Municipal Code in Order to Modify Approval Standards for Annexations. " Councilors Hauck/Hagen rnls to approve first reading and place on agenda for second reading. Roll call vote: Hauck, Hagen, Wheeldon, Thompson and Laws, YES. Motion ~~ . 4. Second reading by title only of "An Ordinance Amending chapter 4.20 of the AMC relating to Systems Development Charges." Councilors Hagen/Hauck rnls to approve Ordinance # 2791. Roll Call vote: Hauck, Hagen, Wheeldon, Thompson and Laws, YES. Motion passed. 5. Reading by title only of "A Resolution directing the City Administratorto give notice to owners to repair sidewalks on Siskiyou Blvd., Oak Block (Old Armory), Lincoln School, and Triangle Park; or charge such owners if City makes repairs. " Councilors Hagen/Wheeldon rnls to approve Resolution # 96-50. Roll Call vote: Hagen, Wheeldon, Thompson, Laws and Hauck, YES. Motion passed. NEW & MISCELLANEOUS BUSINESS 1. Report from Park Director and City Ailminiq;rator on cost of alternative water for Oak Knoll Meadows Pond/Oak Knoll Golf Course irrigation. City AdministratorBrian Almquist read memo regarding alternatives of water supply at Oak Knoll and memo from Ashland Parks and Recreation Commission. PUBLIC HEARING OPEN: 10:15 p.m. Chris Skrepetos/4424 Hwy 66/Presented council with packet information which he requests . the council to re-consider the affect of competing with property owners outside the city for a limited resource up which they are totally dependent. Urged council to withdraw application, Stated that the deadline is January 3, 1997. Mary Eaton/155 Westwood/Stated that she owns property in the vicinity that has dry holes and has to haul in water. Encouraged council to not approve another well. Pat Super/305 Maywood Lane/Stated that her well of four years has dropped. Not convinced that the proposed well would not effect the wells in the neighborhood. City Cooncil M","", 12-17-96 II Vera Kirkpatrick/l0950 Corp Ranch Road/Objected to the density increase in their area due to the increase level of use in water. Requests council to re-consider putting in a well. Feels the cost of the alternate is a much better solution. Del Tobiasson/3045 Hwy 66/Commented on how he has experienced wells that have quit flowing. Feels that it is possible the well will effect other wells. Joseph Tobiasson/231 Van NesslDoes not believe this is a good neighborhood policy. Suggests enlarge pond, use ravine as additional pond and utilize TID water. PUBLIC HEARiNG CLOSED: 10:25 p.m. Council discussion on allowing a well to be drilled when selling water outside the city is not allowed. The issue of keeping the golf course green and if this well would keep the pond in question filled. Question was raised as to what the impact would be on the neighbors. It was noted that there could be alternatives to drilling this well in the future. Councilor Hauck commented that he understood that the reason council put this off in the first place was to give Mr. Skrepetos time to get his facts together and take this information to the Water Resource Council. Hauck does not feel competent enough in making this decision and would feel more comfortable. in having Water Resources make this decision. Laws commented that the Parks Department had indicated that the well would only be used in the early spring and late fall when TID water would not be allowed. The Parks Department indicated that there would be only a minimal amount of water used by the well and would have minimal impact on the neighborhood. Councilors Thompson/Hagen m/s to withdraw application for well permit. Voice vote: all AYES. Motion passed. 2. Election of Budget Committee members (2). " No time allowed, to be placed on future agenda. 3. Authorization for Mayor and Recorder to sign agreements with ODOT for Sherman Street and Central Ashland Multimodal Path. No time allowed, to be placed on future agenda. 4.. Authorization for Mayor and Recorder to sign agreements with ODOT for . Sherman Street and Central Ashland Multimodal Path. No time allowed, to be placed on future agenda. 5. Memo from the City Attorney concerning litigation between Thierolf and City of Ashland, LUBA No. 96-011 and LUBA No. 96-022.. No time allowed, to be placed on future agenda. city Council M<<ting 12-17-96 12 ., 't ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Setting a Public Hearing in the Formation of a Local Improvement District on Orange Avenue from Helman to Laurel Streets" for January 21, 1997. Councilors Hauck/Hagen mls to approve Resolution #96-49. Roll Call vote: Laws, Hauck, Wheeldon, Thompson and Hagen, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS None ADJOURNMENT Meeting was adjourned at 10:30 p.m. Barbara Christensen, City Recorder Catherine M. Golden, Mayor City Council Meeting 12-17-96 13 ",. " ASHLAND HISTORIC COMMISSION Minutes December 4, 1996 CALL TO ORDER The meeting was called to order at the Ashland Community Center by Chairperson Jim Lewis at 7:42 p.m. Members present were Terry Skibby, Jim Lewis, Keith Chambers, Bill Harriff, Cliff Uewellyn and Larry Cardinale. Also present was Associate Planner Mark Knox and Secretary Sonja Akerman. Members Curt Anderson, Vava Bailey and Joyce Cowan were absent. APPROVAL OF MINUTES Chambers moved and Harriff seconded to approve the November 6, 1996 Minutes as submitted. The motion was unanimously passed. STAFF REPORTS Planning Action 96-140 Conditional Use Permit - Transfer of Ownership 111 "B" Street Clarence M. Longley Knox stated the applicant is requesting a transfer of ownership for the existing traveller's accommodation. There have been no complaints from the neighbors and Staff is recommending approval. Chambers moved and Skibby seconded to recommend approval of this application to the Planning Commission. The motion passed unanimously. Planning Action 96-139 Site Review 545 "A" Street Jerome White, Doyle Brightenburg, Cynthia White, Peter Brnnner Knox related this proposal is for the construction of a 4,756 square foot mixed-use building. The 2,350 square feet on the ground floor will comprise offices. One two-bedroom apartment and a one-bedroom apartment will constitute the second story. The design is a classic box style with angled bays, stepped in entry, two-dimension horizontal lap siding (8" on the first floor and 6" on the second floor), and windows that are double hung in appearance. Staff feels this application meets all the design standards and is recommending approval. A , ,. Skibby said the designers had originally presented the plans to the Review Board with brick to be used on the first floor. Architect Jerome White said they would like to use brick, however, because of the afford ability, it may be impossible. He added he would rather get approval for the lap siding, with the possibility of being able to change it to brick, rather than receiving approval for the brick and then having to change it to wood. The Commission discussed the zero side yard setback to the east and it was generally agreed they would like to see more buildings with these setbacks in this area. White said they are taking the lead with this setback and their building will influence what is built on the vacant lots on either side of theirs. Knox noted the meters on the right side will be screened by a split face masonry wall that will have a trellis on top. Skibby stated he thinks this is a very good design for the Railroad District and the Fourth Street area. He then moved to recommend approval of this application. Harriff seconded the motion and it was unanimously approved. Planning Action 96-143 Site Review 136 North Second Street Mary Nelke Knox stated this application is for the construction of a two-story second residence on this property. The existing house has recently been upgraded. The proposed house is of traditional design with double hung windows and a porch. Staffs concern has to do with the building height in relation to the house in front. The previous owner has been helping the applicant (new owner) with the design. Knox stated that in talking with the previous owner, there may be ways to bring down the height, such as dropping the roof, using pony walls, and putting the house on a slab. The proposed house will have horizontal siding and 1" x 4" trim. Knox also added the roof line of the house and porch do not work as drawn. Skibby said in his observation, the new house would overwhelm the existing house. Harriff said the existing house seems to be the smallest house in the area. Chambers emphasized the necessity of seeing elevations of the existing house relating to the proposed house. His biggest issue is overcrowding, and he stated he would prefer a smaller residence, maybe a story and a half. He would like the applicant to address the massing. Harriff said it is unfair to judge against the front house because it is so small. Lewis commented if approval is granted for this design, he would recommend using 1" x 6" trim. Also, there should be a five inch space between the double hung windows. Skibby maintained the proposed house would give a false history to the area. II Ashland Historic Commission Minutes December 4, 1996 Page 2 "t Mary Nelke's son-in-law, Robert Zundel, said they are proposing a house with the same scale as the one directly across the street. Anything else would be an anomaly. Mary Nelke made reference to the Church on the corner of Second and "B" Streets, the Kane House on the corner of "B" and Third Streets, and the Silsby House on the corner of Third and "C" Streets. She declared when you look at the bungalow, the major portion would go with the streetscape. Cardinale asked about the height of the house Zundel referred to. Lewis said it is most likely a story and a half. Skibby remarked he is still concerned with the compatibility to the other houses, but feels a story and a half would work better than a two-story house. Knox stated the roof line as drawn doesn't work with the design and it doesn't meet solar. Staff needs the design to be drawn to scale. Cardinale commented that in looking at Skibby's photo, he sees the proposed house as looming up behind the existing house. He asked if the applicant had considered moving the existing house to the back of the property and building the new house in front, as he said he finds it awkward as proposed. He added it was typical to have smaller bungalows in the back. Nelke stated that moving it was considered, but it would cost $10,000 and this would not be financially feasible. Knox stated that philosophically, the Planning Staff would probably not support moving the house to the rear of the property. He said the applicant needs to come back with a design to make the roof line and solar work. The design needs to be drawn to scale. Skibby added he doesn't feel the scale is consistent with the Site Design and Use Standards. Lewis noted that by putting the house on a slab, the bellyband, which is an integral part of historic homes in the area, will be lost. Harriff said since it will be in the rear it shouldn't matter as much. He also stated the Commission and the owner will have more of an opportunity to work on scaling down the house since it needs to be redrawn to meet solar. Skibby said the previous owner came to the Review Board with more of a Craftsman design to begin with. This design is significantly different. Chambers stated the Commission is concerned more with the "appearance" of the building rather than square footage. There may be a design that does not appear so massive, yet gives the owner the same amount of space. Nelke asked the Commission if the existing house, which was built in 1900, has any historical value. Lewis answered that every house on Second Street probably has at least a "secondary" rating on the Landmarks List and they all have historical value. He added he would not have a problem with a compatible structure in the rear. Skibby asked the applicant to consider another design whereby the massing would not be so evident. Llewellyn noted that in looking at the elevations, he doesn't know if they would gain much with a Craftsman design. Harriff maintained the design has to meet the solar II Ashland Historic Commission Minutes December 4, 1996 Page 3 r criteria. He also said he feels it is appropriate to make the mass feel less imposing, but not necessarily abandon the design. Chambers moved to deny this application as currently formulated because 1) it requires a roof redesign since it does not meet solar criteria, and 2) the massing is out of scale with the existing historical house. Harriff seconded the motion and it passed unanimously, Knox clarified the applicant can come to a Review Board within the next couple weeks. If the Review Board and Staff approve the new design, the applicant can proceed. At 10:20, Knox stated it was necessary to re-open the public hearing because in order to expedite this application for the owner, if the Historic Commission called this action up for a public hearing, it could rescind this if an appropriate design was submitted to the Review Board within a couple weeks. Therefore, Chambers moved and Llewellyn seconded to call this action up for a public hearing. The motion was unanimously passed. BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of November follow: 485 "A" Street 142 East Main Street 180 Lithia Way 223 Fifth Street 199 Sherman Street 100 Alida Street 120 East Main Street 152 Sherman Street 140 Seventh Street 423 North Main Street 130 Will Dodge Way 534 Siskiyou Boulevard 90-92 North Main Street REVIEW BOARD Steve Hoxmeier Allen Connolly Gen Kai Restaurant Peter Silverman Peggy Newman John & Leslie Foster Starbuck's Coffee Co. Dave & Meredith Compton Paul Comstock Hoffard Haus Apartments Inkwell Tatoo Summer Place Inn Europo-Let Addendum Remodel French Door Reroof SFR Studio Remodel Remodel Interior Remodel Sign Sign Sign Sign Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to at least 3:30 p.m. in the Planning Department: December 5 December 12 December 19 December 26 January 2 Skibby and Harriff Skibby, Bailey, Cowan and Lewis Bailey, Cowan, Chambers and Skibby Skibby and Harriff Skibby, Cowan and Harriff Ashland Historic Commission Minutes December 4, 1996 II Page 4 ''0 OLD BUSINESS Proiect Assil!Dments for Plan nine Actions I PA # I Address I Person(s) Assigned I 96-063 62-66 East Main Street Terry Skibby 96-075 265 North Main Street Vava Bailey 96-071 248 Eighth Street Curt Anderson 96-058 264 Van Ness Avenue Jim Lewis 96-098 190 Oak Street Vava Bailey 96-086 685 "A" Street Curt Anderson/Jim Lewis 96-110 499 Iowa Street Joyce Cowan 96-112 249 "A" Street Jim Lewis 96-9139 545 "A" Street Terry Skibby NEW BUSINESS Gary Afseth/Trinitv Euiscoual Church Architect Gary Afseth then spoke to the Commission about future changes to property surrounding the Trinity Episcopal Church located at 44 North Second Street. He said the church is planning for its next 100 years. The original cornerstone was laid in 1894 and the first service was held in 1895. The membership decided in the 1980s it wanted to remain downtown. Consequently, it has purchased both properties to the north. Both the parish hall and the church are on the National Register of Historic Places. Afseth stated the Morgan House directly to the north of the church is currently vacant, however it was used as a private residence until the church bought it in 1986. (Although Afseth referred to the house located at 66 North Second Street as the "Morgan House" because of its previous owners, it is listed as the "Beach-Good House" in the Heritage Landmarks list.) It had never been used by the church prior to its purchase. Afseth said his primary purpose at the Historic Commission meeting was to bring the Commission into the process. He said he has documented all the existing buildings and has done a space needs study for the church. The church would like to move the rectory office from the sanctuary to a separate building and build a new structure which will either be an educational center or parish hall. He then presented four alternative site plans of different ways of developing the property. He also stated he has spoken with Elisabeth Potter from the State Historic Preservation Office. II Ashland Historic Commission Minutes December 4, 1996 Page 5 ,J' The Commission discussed the different schemes and the conceptual drawing. Afseth said , he would like to incorporate a campus on the property while maintaining the church as the dominant structure. The Commission was split on keeping the Beach-Good House on the property or moving it completely off the property. Most thought it should be retained and used on the property, even if it is moved within the property. The church members said they definitely do not want the house demolished, whether it is used on the property or not. Afseth will seek Commission input during the design process. ADJOURNMENT With a motion by Skibby and second by Chambers, it was the unanimous decision of the Commission to adjourn the meeting at 10:25 p.m. ,I Ashland Historic Commission Minutes December 4, 1996 Page 6 .' . CITY OF ASHLAND Administration Office of the City Administrator MEMORANDUM DATE: December 31,1996 TO: Honorable Mayor and City council Brian L. Almquist, City Admlnlstrat~ .1 Monthly Report - December 1996 '.' . FROM: RE: The following is a report of my principal activities for the past month and a status report on the various City projects, and Council goals and notes to staff for 1995-96 and 1996-97. I. PRINCIPAL ACTIVITIES: 1. participated in School Finance study session with Board and Budget Committee regarding effects of Measure 47, and prospects for renewal of Youth Activities levy. 2. Had coffee with Councilors Hauck and Hagen to discuss various city issues. r:.r.!'i.,. " 3. Met with architect Gary Afseth to discuss progress on evaluation of city hall space needs. 4. Met with Engineer Tom Davis to discuss his comments and recommendations on Sluicing Committee report. 5. Met with subgroup of Communications Committee to identify cost items in various proposals made by committee. 6. Participated in meeting with Sluicing Alternatives committee and Engineer Tom Davis. ~ 7. Had coffee with Councilors Hauck, Thompson and Hagen to discuss various city issues. 8. Attended joint meeting of Council and Budget Committee to hear presentation of Finance Department Strategic Plan. 9. Participated in LID subcommittee meeting. 10. Met with Jill Turner to finalize Capital Improvements Plan to be presented to City Council early in 1997. 11. Met with Parks Director Mickelson to prepare report to Council on costs of alternative water supply to golf course. 12. Attended presentation on computer imaging of city records. 13. Attended annual meeting of Public Power Council in Portland to hear presentations by BPA Administrator Randy Hardy, Pacificorp Executive Fred Buckman, and Senator Hatfield. 14. Attended nominating committee meeting for Northwest Public Power Assn. Board of Directors in Portland. 15. Attended annual meeting of Oregon Municipal Electric Utilities in Portland. 16. Met with Ashland Sanitary Service and Emcon Engineering to discuss landfill closure and alternatives for disposal of leachate. 17. Participated in Audit Committee meeting to review 1995-96 annual audit and Management Letter. 18. Met with John Butler of Oregon Stage Ughting and Pete Belcastro to review colors and lighting fixtures for TV upgrade of council chambers. 19. Attended annual employees Christmas potluck at Pioneer Hall. 20. Met with OSF General Manager Paul Nicholson to discuss status of remodel of Pioneer Building/elevator project. 21. Had coffee with Councilors Reid and Wheeldon to discuss various city issues. 22. Had breakfast with Medford City Manager Anderson and County Administrator Raymond to discuss topics of mutual concern. 23. Met with Editorial Staff of Daily Tidings to discuss current and Mure city issues. 2 " 24. Met with Board of Trustees of a fraternal organization and Fire Chief Woodley to discuss appraisal of property. - ~ 25. Had coffee with Councilor Hauck to discuss various city issues. STATUS OF VARIOUS CITY PROJECTS: 1. Capital Improvement Plan. A study session was held on June 19 to present the preliminary draft of the plan for Council review. The City Council approved the ordinance implementing new SDC fees on December 17. Now that these fees are set (with the exception of Transportation SDC'c), we have revised the CIP and plan to present it to the Council in February. When the Transportation Project Plan is complete and revised SDC'c adopted, we will present an addendum to the CIP for these projects. .. . 2. Indiana/Siskivou Realianment. The preliminary design has been agreed to by the three parties and all have now approved the. contract. At a meeting with college and state officials, it was agreed that city electric crews might be used to relocate some of the signals and thereby allow the project to be completed within budget this summer. Plans are now being prepared for bids. 3. WNTP Uparade/Wetlands Demonstration Proiect. The contract for the demonstration Wetlands/soil treatment was awarded at the June 3 meeting. DEQ has approved our schedule. We awarded the bid to CES Engineering and they made their first report to the Council on November 5. The Parks Commission has approved final plans, and construction should begin after the first of the year. '1; , 4. Central Ashland Bikeway Proiect. Adkins Engineering has been awarded the design contract, and we are hoping to go to bid after the first of th~ year on the "A" Street to Shamrock Lane portion. The Shamrock to Tolman portion has been approved using cMAC funds, and the Council will approve the contract on December 17, with construction slated for 1997-98. 5. LID/Arterial Street Fund. The Council set a public hearing for December 3, and asked that copies of the report and recommendations be sent to all interested parties prior to the hearing. The Committee met again on December 9 and decided to proceed with the establishment of the Arterial Street Assistance Account, but determined that more work is needed on the other aspects of their recommendations. 6. E. Main'Street widening-RR to Walker. Bids were opened which were substantially over the engineers estimate. We have decided to re-bid the project in February 1997. ,\. " .~ . 3 " 7. Mountain/E. Main Signalization. We have been awarded a grant from the Gasoline Anti-trust suit proceeds in the amount of $75,000. We are in the process of preparing the signal plan and hope to be ready to begin the project by late early Spring with most of the work being performed by the Electric Dept. and Street Division crews. 8. Misc.concrete/sidewalk construction. This project includes the first third of sidewalk replacement on Hwy.66 and sidewalk repairs and construction throughout the city, as well as handicap ramps and other facilities. Bid was awarded and work is underway. Council placed a hold on. tree removal and sidewalk repairs at its November 5 meeting. City Attorney Nolte will report his findings on ADA issues at the January 7, 1997 meeting. III. STATUS OF UNCOMPLETED 1995-96 COUNCIL GOALS: 1. Resolve office building/space needs issue. Council held a special public hearing on September 24, and decided to simultaneously pursue both the upgrade and expansion of City Hall and the East Main addition, while pursuing the Hillah Temple when it becomes available. Staff is to present timetable and financing plan as soon as practicable. We are currently revisiting the space needs requirements for city hall departments. We hope to have a full report to Council in January. 2. Develop and implement a citizen/government communication program which includes citizen input <:;ouncil received the Committee's report on November 5 and held a study session for Wednesday, November 20. A subcommittee met to cost out the various recommendations, which will be presented to the Council on January 7. IV. 1996-97 COUNCIL GOALS: 1. Encourage alternative transoortation modes through such means as: a. Encouraging streetscape improvements that enhance walkability and code enforcement to remove barriers (dead trees, tall hedges, etc.) b. Completing negotiations for bicycle access from Jackson Road to Crowson Road along the railroad tracks. c. Exploring development of a transportation coordinator position. We have now selected a Code Enforcement officer who will be responsible for barrier removal on sidewalks, easements, etc. 4 2. Reexamine growth manaoement Dolicies as they affect density, transportation, and city services. NOTES TO STAFF 1996-97: 1. Planning Department to consider CUP criteria when Railroad District neighborhood plan is reviewed. (Underway) 2. The City Recorder will video tape City Council meetings and make them available to interested members of the public. Video tapes will be available for one year. (Implemented) 3. Administration will continue to explore purchase of land for a Transportation Center that ensures the option for a Mure rail link. (Spoke in August with Paul Comstock who owns land East of Oak Street Tank. He is now not interested in an equity trade due to the fact that he has been unable to locate a larger site at an affordable price. 1 also spoke with Oak Street Tank owner Gene Morris who has an interest in moving his business, but who has also been unable to find suitable land in town) 4. Administration will work with the School District and RVTD to develop a bus route to E. Main and Walker that serves the Pacific NW Museum of Natural History. (Councilors Laws and Hauck met with RVTD to discuss options. Cost of route is now being evaluated,' although the Mure of RVTD funding is in doubt due to the passage of 8M 47) 5. Police Dept. to consider extending bicycle patrol through the Railroad District. (This new expanded service began on June 1. Compliments have been received from the public about this program) 6. City Administrator to recontact Vogels about viability of purchase. (I gavE1the Council a memQ~?t the June 18 meeting indicating that the Vogels are interested, but "} don't want to be contacted again until after January 1st) ., 7. Councilor Hauck will study and report back to Council with recommendations for the City's role in economic development. Possibly use SOSC interns to assist. '. 8. Computer services will evaluate, as part of its on-going assessment, City needs for new technology and present to Council through Administration. Councilor Hauck will continue to review and present broader community needs to Council for consideration. Possibly use SOSC interns to assist. (Dick Wanderscheid has agreed to chair a task force of user representatives to develop an RFP, select a consultant 5 11 ,- and prepare a strategic 5 year plan for our information network. This work began in August) BA:dg2 i , 6 C I T Y o F ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (code 503) 482-3211 Office of the City Recorder/Treasurer December 17, 1996 FROM: Mayor and Council ~ Barbara Christensen, city Recorder/Treasurer Liquor License Application TO: SUBJECT: Application has been received from Ken Williamson for a LIQUOR license for an ESTABLISHMENT, Trinity Lanes at 1505 Siskiyou Blvd., Ashland. OLCC has completed the necessary background investigation and approval of this application is recommended. ~ November 29, 1996 Misc. Contracts and Agreements No. 14947 FUND EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State", and CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency". 1. By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative agreements with counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2. State and Agency have determined that it is advantageous to both parties and in the public's interest to enter into this agreement. 3. Agency has submitted a completed and signed Part I of the Project Prospectus outlining the schedule and costs associated with all phases of the reconstruction of Sherman Street from" Rogue Valley Highway to Iowa Street, hereinafter referred to as "project". 4. To assist in funding the project, Agency has requested State to exchange Federal Funds which have been allocated to Agency for State funds based on the following ratio: $94 State for $100 Federal Based on this ratio, Agency wishes to trade $98,752 Federal Funds for $92,827 State Funds, 5. State has reviewed Agency's prospectus, considered Agency's request for the fund exchange, and has determined that Agency's project is eligible for the exchange funds. 6. The parties agree that the exchange is subject to the following conditions: The Federal Funds transferred to State may be used by State at its discretion. A. State dollars transferred to Agency must be used for the reconstruction of Sherman Street from Rogue Valley Highway to Iowa Street. This fund I . Agreement No. 14947 CITY OF ASHLAND exchange is to provide funding for specific roadway projects and is not intended for maintenance. B. State funds may be used for all phases of the project, including preliminary engineering, right of way, utility relocations and construction. Said use shall be consistent with the Oregon Constitution and statutes (Section 3a of Article IX Oregon Constitution), Agency shall be responsible for accounting for expenditure of State Funds. C. This Fund Exchange shall be on a reimbursement basis, with State funds limited to a maximum amount of$92,827. All costs incurred in excess of the fund exchange amount will be the sole responsibility of Agency. D. State certifies at the time this agreement is written that sufficient funds are available and authorized for expenditure to finance costs of this agreement within State's current appropriation or limitation. Funds available for reimbursement on or after July I, 1995, are contingent upon the legislatively approved budget of State. E. Agency shall be 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 State and Federal income tax withholding. F. Agency agrees to comply with all applicable State, Federal, and local laws, rules, regulations and ordinances, including but not limited to those pertaining to civil rights. G. Agency, or its consultant, shall conduct the necessary preliminary engineering and design work required to produce final plans, specifications and cost estimates; purchase all necessary right of way in accordance with current State and Federal laws and regulations; obtain all required permits; be responsible for all utility relocations; advertise for bid proposals; award all contracts; perform all construction engineering; and make all contractor payments required to complete the project. H. Agency shall submit a copy of the project plans and specifications to State for review two weeks prior to advertisement for construction bid proposals. State shall notify Agency of any changes or modifications it deems necessary prior to advertisement. Failure to suggest changes shall in no way constitute State approval of the plans and specifications, 2 . \~. Agreement No. 14947 CITY OF ASHLAND 1. Agency shall compile accurate cost accounting records. Agency shall bill State in a form acceptable to State no more than once a month for costs incurred on the project. State will reimburse Agency at 100 percent of the billing amount not to exceed $92,827. The cost records and accounts pertaining to the work covered by this agreement shall be retained for inspection by representatives of State for a period of three years following final payment. Copies shall be made available upon request. J. Agency shall upon completion of project maintain and operate the project at its own cost and expense. K. The contractor, 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. L. This agreement shall be for two years beginning on the date State's representative executes this agreement and terminating two calendar years later on the same month and day, unless otherwise extended or renewed by formal agreement of the parties. M. This agreement may be terminated by mutual consent of State and Agency or by either party upon 30 days' written notice, delivered by certified mail or in person. N. State and Agency hereto agree that ifany term or provision of this agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions 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 term or provision held to be invalid. 7, Agency shall authorize execution of this agreement during a duly authorized session of its City Council. The funding for this fund exchange program was approved by the Oregon Transportation Commission on July 20, 1994, as a part of the 1995-1998 Statewide Transportation Improvement Program. The Financial Services Branch Manager approved the fund exchange on November 18, 1996. 3 J. ." Agreement No, 14947 . CITY OF ASHLAND On March 7, 1996, the Oregon Transportation Commission on adopted Delegation Order 2, which grants authority to Region Managers to approve and execute agreements for work in the current Statewide Transportation Improvement Program or approved workplan budget. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. All agreement provisions were approved as to legal sufficiency on July 19, 1995, by Dale K. Hormann, Assistant Attorney General. STATE OF OREGON, by and through its Department of Transportation By Region Manager Date CITY OF ASHLAND, by and through its elected officials By Title: By Title: Date. 4 , . November 27, 1996 Misc, Contracts & Agreements No. 14711. LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROJECT THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State"; and the CITY OF ASHLAND, a municipal subdivision of the State of Oregon, acting by and through its Elected Officials, hereinafter referred to as "Agency", 1, By the' authority granted in ORS 366,770 and 366,775, State may enter into cooperative agreements with the counties and cities for the performance of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 2, Under such authority, Agency plans and proposes to construct a multimodal trail, from Shamrock Street to Tollman Creek Road, aka Central Ashland Multi-modal Path, Phase 2, hereinafter referred to as "project", The location of the project is approximately as shown on the sketch map attached hereto, marked Exhibit A, and by this reference made a part hereof. 3. This project shall be conducted a? a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code, and the Oregon Action Plan, The CMAQ funds are limited to $224,325 which represents 89.73 percent of the estimated totRl cost of the project. Agency shall be responsible for the 10,27 percent match for the federal funds and any portion of the project which is not covered by federal funding. 4. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions, The parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2, In the event of a conflict, this agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. B1396006/09197 .. , Agreement No. 14711 CITY OF ASHLAND 5. Agency shall authorize and approve this agreement during a duly authorized session of its City Council, IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written, Pursuant to Delegation Order No, 8, the Region Manager approved this project on.October 18, 1996 for inclusion in the 1996-1998 Statewide Transportation Improvement Program, Delegation Order No, 2 grants the Region Manager authority to sign the agreement. APPROVED AS TO LEGAL SUFFICIENCY STATE OF OREGON, by and through its Department of Transportation By By Asst, Atty General Region Manager Date Date APPROVED AS TO CONTENT CITY OF ASHLAND, by and through its Elected Officials By By City Counsel City Administrator Date Date B1396006/09197 - 2 - ATTACHMENT NO, 1 SPECIAL PROVISIONS 1, Agency or its consultant, shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, soils/geotechinvestigations, identify and obtain any required land use actions and permits, identify and arrange for relocation. or reconstruction of any utility facilities, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates, 2, Agency or its consultant shall conform with the requirements of the Oregon Action Plan, and if necessary shall appoint and direct the activities of a Citizen's Advisory Committee and Technical Advisory Committee, conduct any required public hearings and recommend the preferred alternative, 3, Agency or its consultant shall identify and obtain any required right-of-way or easements necessary to complete the project, 4, Agency or its consultant hereto agree and understand that they will comply with the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, 5, Agency shall, upon State's award of construction contract, furnish all construction engineering, field testing of materials, technical inspection and project manager services for administration of the contract, The State shall obtain "Record Samples" at specified intervals for testing in the State Materials Laboratory in Salem, 6. Agency or its consultant shall design the project to meet the American Association of State Highway and Transportation Officials (AASHTO) and the current Oregon Bicycle and Pedestrian Plan standards and specifications. 7, Agency shall, upon completion of the project, maintain the multimodal trail at its own expense, 8. Agency shall, upon completion of the project, submit an annual (Federal FY) progress report to State on or before November 15th. The progress report as shown in Attachment 3, attached hereto and by this reference made a part hereof, should be sent to the Region 3 Manager, 3500 N.W, Stewart Pkwy, Roseburg, OR 97470 with copies to Region 3 Federal Aid Specialist (same address), Public Transit, 555 13th St" Salem, OR 97310 and Environmental Services, 1158 Chemeketa St, NE., Salem, OR 97310 in order to fulfill State's requirement to. report the progress and benefits of the CMAQ program to FHWA and to the Oregon Transportation Commission, Misc, Contracts & Agreements No. 14711 Date: November 27, 1996 .. A IT ACHMENT NO.2 STANDARD PROVISIONS TOINT OBUGA TIONS rROlECf ADMINISTRATION 1. State is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this project, and Agency hereby agrees that State shall have full authority to carry out this administration. If requested by Agency, State will further act for the Agency in other matters pertaining to the project. State and Agency shall actively cooperate in fulfilling the requirements of the Oregon Action Plan. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases for all projects. Any project that uses federal funds, in project development, is subject to PS&E review and approval by FHW A prfor to advertisement for bid proposals, regardless of the source of funding for construction, r.E. & CONSTRUCfION ENGINEERING 2. Preliminary and construction engineering may be performed by State, Agency, or others. If Agency, or others, perform the engineering, State will monitor the work for conformance with FHWA rules and regulations, In the event that Agency elects to engage the services of a consultant to perform any of the work covered by this agreement, Agency and Consultant shall enter into an agreement describing the work to be performed and the method of payment. State shall concur in the agreement prior to the beginning of any work. No reimbursement shall be made using federal-aid funds for any costs iIlcurred by such Consultant prior to receiving authorization from State to proceed. ' . On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency agrees to accept all responsibility for and defend lawsuits involving tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. Revised: 04/20/93 LjW026c.lh #3 l E# 4P9lOMfl E6/01l1>O :P"'!^O~ 'Ul?ld UO!PV UO~<110 atp PUl? 'SUO!1l?ln~al PUl? Sa[nl V MH:! I./l!M aJUl?W10JUOJ U! aq 1ll?I./S '110M I./JnS JO SplOJal PUl? '110M IlV 'SUO!S!AOld [l?padS al./l U! pau!Ilno Sl? aq I1!M pa[old al./l JO sas1?l./d SnOpl?A al./l 10J A1!1!q!suodsal lO[l?W .V MH:! al./1 W01J paA!aJal uaaq Sl?1./ paaJold 01 uO!l1?Z!lOl./lnl? ual./M ~U!lPM U! AJUa~v Aj!10U 1ll?I./S a11?lS 'Sla1./10 10 AJUa~v 'a1l?lS Aq pap!AOld aq 01 SaJ!AlaS apnpu! 1Il?I./S Wl?l~Old al./.l 'a3:NIV .lHO N3:3:H SVH 1V AO~ddV HJnS 1I.LNn a3:~IS3:a SI NOI.lVdDI.L~Vd arV-1V~3:a3::! HJIHM NI A.lIAI.LJV ANV NO a3:3:JO~d 11VHS >I~OM ON 'pa[old al./1 10J '110M uO!pnllS~OJ PUl? SUO!ll?JOral Al!I!ln alq!~!Ia 'UO!l!s!nbJl? Al?M-JO-1t{~P '~upaau!~ua Ill? U! uO!ll?dP!lll?d P!l?-Il?lapaJ JO Il?AOlddl? 10J lsanbal l? I./l!M VMH:! al./l 01 Wl?l~Old l? l!wqns 1Il?I./S all?lS 'S .lS3:n03:~ I^JY~~O~d SNOI.l Y~nllO 3:.l Y.lS 'Ul?[d UO!PV uo~alO al./l PUl? :Ovl PUl? 'Oil 'I n (lliJ f2) SUO!ll?ln~a~ ll?lapa:! JO apoJ €z: al1!.l '(~dV:!) ap!n~ AJ!lOd P!V~Il?lapa:l JO SUO!S!AOld :l861 JO PV sap!lod UO!l!s!nbJV A11adold Il?a~ PU1? aJul?lS!SSY uO!ll?Jola~ W10j!Un 'Jsn Z:v :PV Al?MI./~!H P!Y-Il?lapa::r 'Jsn '€Z: al1!.l :PV '1Jl?q'lJDI-!luy 'JSn 'Iv al1!.l :sluawulaAo~ Il?J01 PUl? all?lS JO s1!pny '06 PUl? €z: Slll?d '~JJ 6v ai1!.l 01 pa1!wn 10ulnq ~u!pnpu! 'SUO!ll?ln~al PUl? Saln1l?lS alql?J!lddl? Ill? I./1!M AldWOJ I1!M Aal./1 ll?l./l PUl?lS1apUn .PUl? aal~1? olalal./ sa!lll?d al./.l 'v 'PV luaW1sn[pl?a~ ,Sul?lalaA l?13: Wl?Ula!A al./l PUl? €l61 JO PV uO!ll?l!1!ql?l./a~ al./l JO VOS Uo!pas ~u!pnpu! 'SUO!ll?ln~a~ PUl? saln~ 'SMl?1. Sll./~m J!AD alql?J!lddl? Ill? I./1!M AldWOJ 01 Saal~l? lal./lmJ AJUa~v al./.l 'aJUl?lS!SSl? Il?PUl?U!] UO!ll?llOdSUl?l.l JO luawl1l?daa SD am1nJ U!l?JqO 01 AJUa~v al./1 }O Almql? al./l panl? Al?W ll?l./l samSl?aw.laI./10 10 luaUlaal~l? al./1 JO UO!1l?U!Ullal apnpu! Al?Ul SUO!PUl?S t{J!t{M '3: lll?dqns '€Z: 11l?d 'SuO!ll!ln~a~ Il?lapa:! JO apoJ '6v al1!.l U! pal0U Sl? SUO!PU1?S tpns asodw! 1Il?I./S UO!ll?110dSUl?1.l JO 1UaUllll?daQ sn al./1 'Ull?lllOld paAOlddl? al./1 )nO Alll?J 01 amJ!l?J Sl! JO AJUa~v al./l 01 UO!)l?JU!10U uodn 'luawaal~l? aJUl?lS!SSl? Il?PUl?UH S!I./l JO UO!)l?[O!A l? Sl? pa1l?al1 aq 1ll?I./S sWlal Sl! lno Alll?J 01 amJ!l?J PUl? UO!ll!~!Iqo Il?~al l? Sl! pall?all aq 1Il!l./s Ull?l~Old 1l?1./.l 'aJUalaJal Aq 1uaWaal~l? aJUl?lS!SSl? Il!PUl?U!] S!I./l 01U! pall?lOdlOJU! S! Ull?lllOld uO!lJ1? ai\!ll!WllHl? S!I./l 'lno Alll?J 01 Saal~l! AJUa~v al./l I./J!I./M Wl!l~Old UO!PV ai\!ll?WllHV aspdlalU3: ssau!snll A1POU!1^J l? paAOlddl! Sl?1./ UO!1l?110dsul?1.l JO luaUllll?daQ sn al./l PUl! pa1l!wqns Sl?1./ AJUa~v al./l aJul?lS!SSl! JO UO!lIPUOJ l? Sl? H '€ :.lN3:I^J3:3:~~Y 3:JNY.lSISSY lYDNVNI:l.lOaSn ~O:l.lN3VB.lY.lS a3:UlnO:;:m AUTHORITY FOR SURVEY 6. State shall prepare an Authority for Survey which will itemize the estimate of cost for preliminary engineering services to be provided by State, Agency or others, and shall furnish Agency with a copy of such cost estimate, FINANCE 7. State shall, in the first instance, pay all reimbursable costs of the project, submit all claims for federal-aid participation to the FHW A in the normal manner and compile accurate cost accounting records, Agency may request a statement of costs to date, at anytime, by submitting a written request. When the actual total cost of the project has been computed, State shall furnish Agency with an itemized statement of such final costs. PROIECf ACTIVITIES 8. State shall, if the work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, . specifications and cost estimates. State shall, if they prepare these documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. State shall prepare contract and bidding documents, advertise for bid proposals, award all contracts and, upon award of a construction contract, perform all necessary laboratory testing of materials, process and pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the project. The actual cost of laboratory testing services provided by State will be charged to the project construction engineering expenditure account and will be included in the total cost of the project. FREE BRIDGE DESIGN 9. State shall, as provided in ORS 366,155(h), prepare pians and specifications for the structure portion only of bridges and culverts at no expense to the counties. RIGHT-OF-WAY 10. State is responsible for acquisition of the necessary right-of-way and easements for construction and maintenance of the project. Agency may request to perform the acquisition functions, subject to execution of a written agreement. State Rcvisodo 04/20/93 L)W026c.lh #3 3 {,. " (. 4r'9lOMfl E6/0ZltrO :{Xl~::J"<)~[ lOJ alB1S 01 pall!wqns aq llBI{S s~u!ll!q IBU!d 'OvI pUB 'OIL; 'II'I ~:I:) tZ '~d\l:I JO SUO!S!J\old al{l lapUn alqBMoIle aSOl{l aq nel{S uO!lBdppled P!e-IBlapaJ lOJ alq!~!Ia SlSOJ lenpe s.,{Jua~\I 'lUaWABd lOJ ~U!lUnOJJV UO!S!J\!Q AeMI{~!H 01 uopeluasald 01 lOpd uoslad UOS!B!1 s,alelS Aq paJ\oldde aq lsnw AJUa~\I WOlJ paJ\!aJal S~U!lI!q llV 'alep 01 sasuadxa lenpe uo pasBq 'uopemp 1{1UOW auo UBl{l ssallou JO spo!lad lOJ paluasald aq I1BI{S S~U!II!H 'pa!JpaJ\ AI!SBa aq 01 SB laUUBW B I{Jns U! paluawmop pUB alB1S 01 alqBldaJJB WlOJ e U! aq llBI{S slI!q I{Jns 'IBJ\OlddB pue Ma!t\al lOJ uoslad UOS!B!1 s.alelS 01 Alpal!p pafold al{l JO JlBl{aq uo AJUa~v Aq pallmU! slsm IBnPB JO luaJlad 001 lOJ slI!q pa!JplaJ Apadold luasald lIel{s AJUa~\I 'n 'alelS JO aWBU al{l U! '1UBq IBJOI B Aq panss! l!pal:) JO lalla'1 alqeJoJ\alll UB (Z lO '(AaUlOll\l JO laMOd paHw!1 alqBJoJ\allI UB Aq pa!uBdwoJJB lood luawlsat\uI luawulaJ\o~ (BJO'1 al{l U! l!sodap B aq ABW IP!I{M JO uopdo UB)'AmSBall. alB1S aql U! pal!sodap Aauow 0: JO WlOJ aql U! aq ABW l!sodap aJUBJ\pB aql 'SZv'99t S~O 01 lUBnsmd 'pal!nbal S! UOpJnllsum lOJ l!sodap aJUBJ\pB aql JO uo!paIlm aql I!lun lO OOS'Z$ spaaJxa lunowe aql AlaJ\!paIiOJ I!lun pauodlsod aq II!M pafOld aql JO aSBqd M/~ pUB ':>rd aql lOJ OOS'Z$ uBql ssal 01 ~u!1unowe sJ!sodap aJUBJ\pB JO uopJaIlo:) 'palsanbal aq II!M alBqs S.lUBJ!lddB aql JO aJuBIBq aql 'pellUOJ aql JO pleMB uodn 'pafOld aql uo SP!q ~u!uado 01 lO!ld s'laaM aall{l palsanbal aq II!M pue 'alBw!lsa S,laaU!~Ua aql uo pasBq 'alBqs S,AJUa~v aql JO lUaJlad S9 luasalclal II!M l!sodap lemU! al{.L 'sped OMl U! paHsodap aq l1!M UOpJnllSUOJ JO alel{s S,AJUa~\I ,. 'asetjd tjJea JO alBqs palewpsa Sl! alB1S qHM l!sodap 'sasBqd uop!s!nbJe ABM-JO-lq~!l pue ~upaau!~ua 'uBU!w!lald al{l JO lUaWaJUawwoJ aql 01 'lOpd 'lilll{s AJUc~\I '1 I 3.:)N\lNI:I SNOIl. V~I1ao DN3~V 'pal!nbal aq Aew anleJ\ la'llBw l!llJ aql JO alllqs aleuo!llodold pal!nbal aql JO alelS 01 luawasmqw!a~ 'uO!l!sods!p JO awp aql lB paBa U! alll I{J!qM sUO!lllln~al pUB salnl alqeJ!lddll01 pafqns aq 1i1lqs Alladold tjJns JO UO!l!sods!p aql 'asodmd pazpoqlne AllllU!~IlO aql lOJ papaau lc8uo( ou S! uopBdppled p!B-lelapaJ ql!M pasllqJmd AjladOld 11lal Aue JI 'SUO!lBln8al pue SMe( alqeJ!ldde tjllM aJue!ldwOJ amsse 01 AJua8\1 Aq U! pa8e8ua Sap!t\lpe. AeM-JO-ltj811 lie Ma!t\al neqs processing within six months from date that costs were incurred, Partial billing (progress payment) shall be submitted to State within three months from date that costs incurred. 13. The costs records and accounts pertaining to the work covered by this agreement are to be kept available for inspection by representatives of State and the FHW A for a period of. three (3) years following the date of final payment. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (49 CRF 18.42). This agreement is subject to the provisions of the Single Audit Act of 1984 (49 CFR, Part 90) as stated in Circular A-128 of the United States Office of Management and Budget. PROTECT CANCELLATION 14. Agency agrees that should they cause the project to be canceled or terminated for any reason prior to its completion, Agency shall reimburse State for any costs that have been incurred by State on behalf of the project. DELAYED STARTING DATE * 15. In the event that right-of-way acquisition for, or actual construction of the facility for which this preliminary engineering is undertaken is not started by the close of the TENTH FISCAL YEAR following the fiscal year in which this agreement is executed, State may request reimbursement of the sum or sums of Federal-Aid funds disbursed to Agency under the terms of this agreement, UTILmES . 16, Agency shall relocate or cause to be relocated, all utility conduits, lines, poles, ~ains, pipes, and such other facilities where such relocation .is necessary in order to conform said utilities and facilities with the plans and ultimate requirements of the project. Only those utility relocations which are eligible for federaFaid participation under the FAPG, 23 CFR 645A, shall be included in .the total project costs and participation; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility adjustments in areas lying within jurisdiction of State and, if State is performing the preliminary engineering. Agency may request State to arrange for. utility adjustments lying within Agency jurisdiction, acting on behalf of Agency. Revised: 04/20/93 LJW026c.th #3 5 9 E# Qp9WM[1 E6/0Ul>O :POS!^'N ''1 MHtI all! PUE alE15 01 A10PEjS!1ES laUUEW E U! PUE 'asuadxa PUE lSOJ UMO Sll lE pa[old ali1 alElado PUE U!E1U!EW laljEala\{l 'UO!pnllSuOJ jO UO!1a[dwOJ uodn 'IIE\{S AJua2v '0(: . S3.I.lI1HlISNOdS3.ll 3.:JNVN3..lNIVW 'luawaa12E S!\{l jO sWlal aljl \{l!M AlduiOJ 01 aml!Ej s,AJua2v WOlj 2U!I[nSal 'Slaljl0 10 'lOPElIUOJ a\{l Aq 1\{2nolq SW!EP III:! lSU!E2E aSuajap 11:!2al ap!AOld IIE\{S AJua2v '61 SWIVD llODvlLLNO::> 'ap1:!12 jO. a2UE\{J 10j 09[SOI SllO lapun A1!l!ql:!!l 01 all:!lS pa[qns 10U III:!\{S all:!lS Aq SUl!ld jO (I:!AOlddv 'sa2ul:!\{J apl:!12 WOlj sa2EWI:!p 10j SW!l:!p Ill' 10j A1!l!q!suodsal sldaJJI:! Aqala\{ 'All:) I:! 1! 'AJua2v 'AlunO::> a\{ljO ls;mbal pal!p a\{l 11:! paljs![dwoJJI:! 2u!aq all' Spl:!Ol AlunOJ 2u!1s!xa jO apE12 a\{l a2ul:!\{J 10 lalll:! AI:!W \{J!ljM pa[Old aljljO UO!pnllSUOJ ala[dwoJ 01 All:!SsaJau SPI:! nE lElll saa121:! PUI:! SS[SOI SllO jO adOJs PUI:! pajja alll sa2paIMompl:! 'Aluno::> E j! 'AJua2v '81 A.lI1HlVI13.~NVH::> 3.aVll~ !I 'uo!pnllSUO::> ,{EMll:3!H 10j SUo!1I:!J!1pads plEpUl:!lS uo:3aiO 1uallnJ lS0W alll 11l!M aJuE!ldwOJ II:!!1ul:!lsqns U! aq III:!\{S pa[old a\{l 10j SUO!lI:!J!jpads 11'1 'l1l:!lS UMO 51! Aq palEdald SUEld 10j a1E1S jO saJ!PEld plEpUE1S \{l!M aJUI:!W10jUOJ U! aq III:!\{S SUE[d UO!Pn11SUO::> 'saJualajal parelal PUE \EnUEW u2!saa AEM\{2!H .lOaO luallnJ a\{l U! pa!J!Jads SplEptiE1S 01 aJUE!1dwOJ U! aq IIE\{S wa1SAS AEM\{2!H alE1S u02alO a\{I lio spa[old ne 'UO!1!PPE UI '1661}0 1:>'1 AJuapUJ3. u0!1el10dsuel.l aJejlns \epOWlaluI a\{l }O slUaWal!nbal al{l laaw III:!l{s spa[old lie 10} SplEpUE1S u2!saa "n NOIDJ1ll.lSNO::> . 'UO!1EzpO\{lne ladold a\{l aA!aJal PUE pa[old a\{I 01U! palEU!plOOJ ApadOld aq Aew '110M a\{l le\{11aplO U! '110M UO!1eJOlal AJ!1!1n Aue \{llM 2u!paaJOld 01 10pd uoslad UOS!En S,alEIS AJ!10U IIE\{S hua2v "pa[Old a\{110j SUE\d al{l uo pasEq 'suo!1eJO\al AI!I!ln a\qEsmqW!al a\q!2!1a 10j lS0J jO alEw!1sa UE l{l!M alE1S l{s!umJ 'SIEsodold P!q uO!pnllsuOJ jO 2u!uado a\{l 01 10!ld s'IaaM aA!} 'nEljS AJua2v WORKERS' COMPENSATION COVERAGE 21. The contractor, its subcontractors, if any, and all employers working under this (Agreement/Contract) 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, LOBBYING RESTRICfIONS 22. Agency certifies by signing this agreement that: A, No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any. person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disdosure Form to Report Lobbying", in accordance with its instructions. C. The undersigned shall require that the language of this certification be induded in the award documents for all subawards at all tiers (induding subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, US Code. Revised: 04/20/93 LJW026c.lh '3 7 8 E_ 4P9lOMfl E6/olll>O 'f'O<!^.lI , I: 'spa[old Al?Mljll!lj alEls uo kJUallE lEJOI AUl? 01 alqEJ!lddE 10U alE OC: PUl? '91 '<;1 SljdElllE1Ed . 'aml!EJ ljJns ljJE<l 10J 000'001$ UEljl alOW 10U pUE 000'01$ UEljl ssa[ loti JO A1IEuad l!^P E 01 pa(qns aq IIEljs UO!lEJ!]!llaJ pal!nb<ll <lljl al!J OJ SI!EJ OljM uoslad AUV ATTACHMENT No.3 Please fill out and submit the following Progress Report as directed in Attachment No. 1 (Special Provisions). Submit a separate report for each Congestion Management / Air Quality (CMAQ) funded project. Please Note: If your project is a Park & Ride, complete the entire report, Otherwise, complete items 1, 2 and any other applicable items. Project Name: (as submitted on original prospectus) Agreement No.: Project Year: 1. Annual Vehicle Miles Traveled (VMT) reduction: :.~:~:$}:~Wii~~:\;~'\;':.')i;0{!~;"Y~~'; 2. Actual daily emission reduction of: NOx VOC (kg/day) CO (kg/day) (kg/day) :.P"M:1.0 ,~, :::;,,~....;.,::r,.f,.:;;:,,'. . '.,kH,".)'i';;(k'g'/da ) : ,. __,);L; /~~_,l'" ~-{';'!'~\i;c'- ~_"" "-'~'Y7:" .\,;i., f;;;./;'~. '.i",1!lji _c c., '.' Y 3. Average daily Single Occupancy Vehicles (SOV) eliminated from peak traffic. Show split between Park & Ride vs. Park & Pool. Park & Ride Park & Pool 4. Average daily occupancy rate of Park & Rides vs. number of spaces in lot. Spaces occupied Spaces in lot 5. Percentage of filled spaces - Park & Ride vs. Park & Pool. Park & Ride % Park & Pool % Submitting Agency: Prepared by: Title: Phone: Date: yf /.f F1r:Yfb : i' ' ' '~'OD ...1; o<.~. L' ....~~u. ". , , ''''''X'~ /~ /------ .,'",. ' ! C ./ "\,.~' '-,~ ."~\\{q, \_'" . -~~r:l "'.\.,:,. 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I' 'L'-I~ -, !r',,;' .1 ",C<~-' "IU^I I :iJJ'.'.'.ILj'" .; i _,r-".~; ,-- '., ---""V/ --- I ~/ '''/, .."",J ~ "'1 ,!' ,~" "_-'-" :!I 1;:,,( "',~ -------------------------, ~r ,:11 tt'";:-Y" """-.__J~' "1 .o(lP(l\l'..o--...:G!.1 ~'I-T<"l: '",'ii 'i ~~ ",,- ' 'I,', ''------- \ <',,'.. jp>o<.'o..J\l r;;~r i' ~LJ' \ ,-...:,~~, => I-=::-J " i' -,-" , : , f ^<ii" "", " ~" f.,: ']1: ILJ" -', 'I', /. ....:", """_.._..'_'.' l,,""~___::::,;... /' ::. '--- J, II" I I I ,-,_~~ '';-" ~-, I: """rl -I "'_"_" I . i..', '.' ''''',,'' " ",. _, '" , . ,j II '''''',=,,, ',,! ""'"".' (-.~'^: ""~c0:-:9_;__ :" 'r"',r :jV , ...---- ------. \\ : ""'''''-'-''''f' . 9. jf c;=:;::r-----;il;-l ,I ;1,. ill '. ..1 ~ t -L_'::':L. ~ ~I" :.::1--,:,; /.;..,J';::=---_,\': /'1' ,. I '.,,-) "-. l ~ /. I I "/<"..::!::~,~:,,;. 1.1 i :.L.:.. '\'y-;'~ oc.\ ..; I i .\~.~~~,-.~,.!!>-._.~2~~- =~!_I iL..__. r-,' .".!.-. ~ ..1\., #..~.:;. /0~ ASH LAND ''\. D VICINITY ~ AN GON \~ COUNTY, ORE .. Ii \ '~" JACK;~;U>...~. "."0 51: \:\ ;TER'~IBG~~ A Y DIVISION II OREGON S T "COOP"AT~~ANSPORT A TION S S DEPARTMENT A~F ADMINIS-TRA TION U. F'EDERAL HIGHW 1984 December- T, J'3S. R. I t.. 1'1.1,0. LECEND \./ :!ID\ "'I"',r. It .......&("'fn ~""'( "':" ...-.Q'~ ......", ......: .'.11""""111'(0....," '("-"4'" {~ '. ~",ll~ --. ~~;~~ :;:':,.. ,Q..r, . ~O'.' "'''(I .. -":~JOo. ~ t~... - ",. ,-" III .......< ....[...~ "~I ....>"or .,- .a. ,.,. ~..t ...-... EXHIBIT A City Council Proposal Related to New Year's Flooding 7 Jan 97 Recognizing that geomorphic and hydraulic processes have shaped and now have changed Ashland's environment, we the undersigned, urge the City to complete repair of vital services, and defer all other work until the City has time to determine the best sustainable, long-term solutions. We urge that the City take a watershed approach, including every stream system within the City, to address solving Ashland's current and future flood related problems. We recommend that the City and the citizens of Ashland use this flood crisis as an opportunity to rebuild the Plaza, Lithia Park and other damaged areas in the City in a way that anticipates and incorporates an understanding of natural processes. The Plaza area, much of Lithia Park, and many historic buildings were built long ago in the floodplain. There is, therefore, no perfect solution. .Last week's flooding does reveal ways to minimize damage and danger. We urge the City to look at alternatives before putting non-essential areas back together, before expending scarce resources, until long-term, sustainable solutions are explored and found, We recommend that the City Council immediately form an ad hoc committee of citizens and local experts (including those at sase), and give it staff support, to identify and assess watershed related problems, and to make recommendations of ways to solve existing problems that created last week's flooding, and will cause future flooding, by applying appropriate design principles, Scott English, Gary Schrodt, JoAnne Eggers, Scott Kurtz, Bill Hicks, Kerry KenCairn, Rick Landt and Tom Ferrero cc: Eric Dittmer, Environmental Studies Coordinator, sasc CITY OF ASHLAND MEMORANDUM Administration Office of the City Administrator DATE: December 12, 1996 TO: Honorable Mayor and Council FROM: Brian L. Almquist, City Administrator RE: Citizens' Budget Committee Two positions on the Citizens' Budget Committee expire December 31, 1996. Patti Acklin and Lois Wenker are not interested in being reappointed, thus creating the two available positions. Attached are letters and resumes from Nancy Tuggle, Norman Miller, Ken Maloney, Richard Nichols, Darrell Boldt, James Moore, Jr., Un Mattson and Alan DeBoer applying for the appointment, A copy of the advertisement is also included for your information. Attachments . 'I , .-~ . . ASHLAND VILLAGE INN 639 N. Main Street Ashland, OR 97520 541-482-9171 . ". November 13,1996 ~~M '0 f/ ./ S 1.996' Barbara Chirstensen, City Recorder City of Ashland 20 East Main Street Ashland, OR 97520 / Dear Ms. Christiansen: In rresponse to your recent ad in the Ashland Tidings for new members of the Citizens' Budget Committee, I am enclosing a copy of my Resume. I am .interested in participating on the committee because I have a vested interest in the future of Ashland, as well as a good understanding of.financial processes. In addition, I served for a brief time on the advisory Finance Committee of the , Palo Alto Public School District in California. If additional information is required, please let me know. Sincerely yours,. ~ ~ggle I . ~ enc. Nancy Jacobsen Tuggle 639 North Main Street Ashland, OR 97520 541-482-9171 email: ntuggle@aol.com ~ClJ AI "101/ ./$ l.986' SUMMARY OF QUALIFICATIONS . In-depth knowledge of financial, distribution and manufacturing information systems . Fifteen years software project management and consulting experience . Strong project management and people' management skills. EDUCATION AND CERTIFICATION MBA BS APICS Santa Clara University, 1988 University of Phoenix, 1983; BusinesS major Certification in Production & Inventory Management ASHLAND VilLAGE iNN - Ashland, OR 5/96 to Present Owner and innkeeper of small bed and breakfast inn. Responsible for all aspects of operating the inn and running a small business. . ERNST & YOUNG llP - San Francisco, CA, 4/94 to 10//95 Manager - Project manager for various business process improvement and information technology projects, including: . Project manager for consolidation of financial systems and processes for two subsidiaries of industrial gases manufacturer; . Managed part of project to merge financial systems and processes of two network companies; . Led financial software package selection process for large workers compensation insurance company; . Developed proposals for new business development. ROSS SYSTEMS, INC. - Redwood City, CA, 2/89 to 12/93. Manager, Consulting Services from 8/90 to 12/93. Managed 6-10 technical and business consultants providing custom solutions for Ross financial, distribution and manufacturing software packages. Provided employee development; scheduled resources; developed and implemented management policies. Delivered Client Services sales presentations and worked closely with sales to position consulting services. Achieved resource utilization targets and exceeded productivity and revenue goals. Acted as Project Manager for critical, high-visibility projects, including the following:. . Remote Journal Entry Project for Digital Equipment Corporation - Worked with client to define requirements, wrote Functional Specifications and managed development of system to provide preprocessing of journals for worldwide consolidated General Ledger. Project divided into two phases, over 18 months. . Sales Order Processing System for Nobelpharma U,S.A, Inc, - Managed implementation of highly customized system for nationwide distributor of dental products. Modifications were made to provide enhanced backorder processing, killing and billing functionality, using GEMBASE. . .. \ .r ~ l II Nancy J. Tuggle Page 2 ROSS SYSTEMS, continued . Senior Consultant from 2/89 to 7190. Lead consultant on projects to provide custom modifications: - conversions and interfaces to Ross financial packages. Worked directly with clients to define business requirements, write functional specifications, and estimate project costs. Managed projects through all phases of project life-cycle from design and coding to system testing and implementation at client site. QRONOS TECHNOLOGY, INC, - Santa Clara, CA, 6188 to 1/89 Implementation Specialist - Account Manager responsible for implementation of planning and control software for process manufacturers. Assisted clients in modeling their manufacturing processes for system specification. Developed implementation and support plans. Resulted in client acceptance of proposed system implementation plan. AMDAHL CORPORATION - Sunnyvale, CA, 3/87 to 6/88 Senior Programmer/Analyst - Responsible for enhancements to payroll system that resulted in improved reporting and online inquiry capabilities. Developed tools for treasury department to download daily. currency exchange rate data from mainframe to PC, resulting in improved cash management. Made improvements to the budget system enabling users to plan more accurately. NATIONAL SEMICONDUCTOR CORP. - Santa Clara, CA, 8/82 - 3/87 Senior Programmer/Analyst, National Advanced Systems -Project Leader for major Conversion of purchase orderlrepair order system. Successful implementation resulted in improved inventory tracking and cost savings. Responsible for enhancements to customer profile and product configuration systems that resulted in improved customer service. Systems Analyst/Project Leader, DatacheokerSystems, Ino - Project Leader for development of phannacy package and Direct Store Delivery system for supennarket industry. Responsible for planning .. and organizing all phases of system development including analysis and design, intemal and extemal specifications, coding, testing and implementation at customer site under high degree of pressure. Supervised four-person team. \ NEW MEXICO STATE HIGHWAY DEPT, - Santa Fe, NM, 7/80 to 7/82 Development Programmer - Responsible for coding and testing programs for statistical and financial reporting. Implemented engineering software tools package. Trained users and wrote documentation. TECHNICAL SUMMARY , Hardware: . Op Sys Language: Database: Packages: IBM/AMDAHL mainframes, VAX & HP minicomputers, PC's and MAC's OS/MVS, VM/CMS, VAXNMS, MPE-IX, WINDOWS FORTRAN,COBOL,FOCUS,GEMBASE,SQL DB2, VSAM, RMS, Rdb, Oracle, MS Access MS Office, MS Project, Quicken References available upon request. A / I I ,r 'J j'{} d,/ IV r:; .t l'I'jb/-I c,J"/ ,/i.P B /' ( C;{Vl" i "',; 1-,,<--"'.5 /.,,? 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"j ,./ , , , FlEClJ NOJ; . 21 7996 1/,( "1 j; it- /Lt~~ ::'~ If ",,' -1/, iZ ,L{(.!,/!i / /1/:' lie / N::' 1'\ i"\ i~ rv tVI! !,!"CiZ" -j "3 v {j /-"\ 1'1 t-1 , ' ~r ,.1 ' ; (. ..1', , ') L. -.'\. t-'.,<-, ~.:' -;: .7. - i Vi )/(..: ,., '-'1 ' N vl VVl(i o} H: II-i'-'{ R...f 7U 1.-1-/ e. ~t'l) M VI/ .81 1.996' iZ e..t i ~ -f t/ f h.c. e 11 A o!' $ ~ S" L, 1'i's/O._jA'd . '1 ~ <0- OuJ.,' cd 0 vI C/ 5 b (' -f- I'V] fV'!.{, n 4 . f ~') (.<1 I I Z, i.'^""j~l-r' OQA. . I 9 7 4-- i G/' 7 Co,. ~ I:> j'< I LJ r'l j ," II L ,i"';"" ..._)"'" .e~ yHt'<Vl . 7t.-\ c/..t:'5 I VI I' I~ -- /t 4. i, ilc- , . ..! 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I/..I c; I . .. 1'1 c.! $'-1 tj,n; - ),Hu-;:Dr Apr11cZ" C<! /!. e.ht,'{ C.ti4i;' (S'7 .sJ-'::;I'~9 I1s~/i~l7i1l~A'dv I 'y~L(I" tvr ~c!A.<'C/t(JI'I7/ j;)'-1$1/''L)-I'~fl O?-.:''-.-Q').-ll IIIC-'H .:)L'lr,'<v C?!Civ",,<rh''>'''1 5t:/i.L/olv/e. H+_0-11/i-j<6 ~/h'():.{'I"hsiV;"{' 1\1/- /;' j' . / ,. ~ I'(>i.f.{ft fee, '5-11-/.7(.0 r ., /1; '" ^ . II ,C?,I",-t-,r-t. {'C /v: / I , !illN MALONEY 372 TUDOR STREET ASHLAND, OR 97520 541-482-9151 November 30, 1996 City of Ashland City Recorder Barbara Christensen ci ty Hall 20 East Main street, Ashland, OR 97520 APPLICATION FOR CITIZENS' BUDGET COMMITTEE Dear Ms. Christensen ~~ ~ (/ (/ ~ <%J 3' I am interested in serving on the citizens' Budget committee. Attached is a resume citing my specific qualifications for the position. Si?CerelY,:o- I~,-,- [J\.l. <__; Ken Malone~ ' KEN MALONEY 372 TUDOR STREET I ASHLAND, OR.97520 541-482,9151 RESUME IN RESPONSE TO CITIZENS I BUDGET COMMITTEE Prior Advisory Board Experience Water Advisory Board, City of Morro Bay, CA 1987-1989 (one term) Alternate for Destination 2000 Committee, City of Morro Bay, CA: 1990 (one term) Public Works Advisory Board, City of Morro Bay 1995 (resigned because of move to Ashland) current Accounting/Budget Experience Currently taking prerequisites at Southern Oregon state College to enroll in Accounting Post Baccalaureate. Certificate program in fall 1997 Have prepared financial' assurance and budgets for environment site clean-ups current Professional Qualifications Geology Degrees B.A. Humboldt state University A.A. Los Angeles Harbor college Engineering Geologist Oregon 1636 Registered Geologist CA 4243 Engineering Geologist CA 1513 Environmental Assessor CA 773 Richard A. Nichols 295 Granite Street Ashland, Oregon 97520 ~~ ~~ (} t). ~ ~ November 29, 1996 Barbara Christensen, City Recorder City of Ashland 20 East Main Street Ashland, Oregon 97520 Dear Ms. Christensen: Please accept this letter as my request to be considered for appointment to the City of Ashland Budget Committee. I feel that my experience would enable me to effectively participate in that group's work. I am interested in the processes of government; and, it is likely that conflicts between expanding community needs and limitations resulting from passage of Measure 47 will offer some added challenges to these processes. I would welcome the opportunity to participate, through the structure of the Budget Committee, in seeking solutions to these and other probl ems. As you instructed, I have attached a "resume" of personal background information, work experience, and volunteer act i vi ties. Yours. truly, ~ I RES U M E for Richayd A. Nichols 295 Granite Street Ashland, Oregon 97520 (541) 488-3154 PERSONAL INFORMATION Born on November 5, 1930, in Hanford, California. Graduated Kingsburg High School, Kingsburg, California. Bachelor Degree in Business Administration, U.C.L,A. Served in U.S. Army from 1952 to 1954; overseas duty in Korea. Married to Peggy, 41 years; three adult children (two surviving). Elected early retirement in 1988 after corporate employer was acquired. Moved from Fresno, California, to Ashland in 1989. CAREER EXPERIENCE Thirty-two years of manaQement experience in a variety of sensitive and confidential positions with Guarantee Financial Corporation of California, a diversified financial services holding company, and its principal subsidiary, Guarantee Savings, at their headquarters in Fresno, California. Started as an accountant with Guarantee Savings when it had one office and approximately $25 million in assets. Progressed successively to Controller, Treasurer, and Vice President as it grew to 41 offices and approximatelY $3 billion in assets. Held the title of Executive Vice President and Corporate Secretary with both companies at the time they were acquired by and merged into a larger company within the same industry. Initially responsible for accounting and financial controls. Prepared Guarantee Savings' first formal business forecast and operating budget. Led in developing its first capital market offering, a $50 million issue of mortgage-backed bonds, working with underwriters, attorneys, rating agencies, and industry regulators. Subsequently, qualified it to issue prime-rated commercial paper and brokered certificates of deposit. through Wall Street firms. Again, led in developing a $57.5 million debt. issue of subordinated debentures which qualified as capital in meeting federal regulatory requirements. I With growth and greater management specialization, later duties were primarlly in the area of administrative. management, with responsibilities for corporate governance and regulatory compliance. Managed stockholder relations and dealings with state and federal regulatory agencies, legal advisors, investment bankers, and securities analysts. OTHER ACTIVITIES Cur~ently: Board of Diretors, Ashland Community Healthcare Services. Formerly: Chairman, Board of Trustees, Valley Children's Hospital. President, Board of Directors, Downtown Association of Fresno. President, Board of Directors, Fresno Arts Center. Vice Pres., Board of Directors, Fresno County Better Business Bureau. Chairman, Board of Trustees, College Community Congregational Church. President, Parent-Teacher-Student Assn., Bullard High Schhool, Fresno. President, Parent Board, Fresno Troop 130~ Boy Scouts of America. , 1950 Tamarack Place AsWand; Oregon 97520 541-482-4865 December 1, 1996 ~b .O~(l ()< (9.96' City Council City Hall City of Ashland Ref: Budget Committee Dear Council Members, I would like to submit my name for consideration for a position on the City of AsWand Budget Committee. I feel my support of the City, my involvrnent with various groups, and my experience in business will give me a good foundation for evaluating the budget considerations. . The attached resume will give you some indication of my background and experience. Thank you for this consideration. Sincerely, , )~~ j)cfiA~C:..--e.; A ! . Darrell A. Boldt , Resume of Darrell A. Boldt Education 1967 Bachelor of Science Degree University of Washington Business Administration, Production Management Employment 1973 to Present North Pacific Construction Company, Inc., President, Ashland, Ore. Full service construction company in residential and commercial construction 1970 - 1973 Phoenix Elementary School Teacher, Grade Six, all subjects 1965 - 1965 Boeing Aircraft Manufacturing, Renton, Washington Production Methods Evaluation of entire plant Governmental Service Janurary1996 to Present Ashland Systems Development Charges (SDC) Committee Ashland Chamber of Commerce representative to evaluate the SDC methodology and make recommendation to the City Council regarding recommended methodology 1989 - 1994 City of Ashland Builders Appeal Board , Between 1980 to 1988 City of Ashland Evaluation Committee Evaluate the operation of all city departments and make recommendation . for improvements. 1974 (approx.) - 1977 Historic Commission City of Ashland Chair of Historic Commission. Helped write and presented to Ashland City Council ordinance establishing the Historic Commission and the Historic . Ordinance Community Service 1983 to Present Ashland Rotary Club Chair Youth Exchange Committee 1984 to present District Youth Exchange Committee 1988 to 1996 Chair District Youth Exchange Committee 1994-1995 1980 - Present Oregon Shakespeare Festival Red Coat and Rover, past president of Red Coat Association Resume of Darrell A Boldt - Page 2 1980 YMCA Buildings Fund Campaign 1976 to Present AshlandTliainber of Commerce . 1996 - 1997 Chair SDC Committee 1989 - 1994 Board of Directors 1993 - 1994 Vice President 1992 - 1993 Secretary Treasurer 1988 - 1994 Chair Legislative Committee 1980 - 1983 (approx. ) Jackson County Red Cross Board of Directors 1972 to Present Jackson County Home Builders Association Board of Directors 1974 - 1977 1967 - 1969 Peace Corps, Marshall Islands, Micronisia PISCO SUM EGO ~r~A:::~. '.'~" ..... . .~ -- ~. > ....... - .. - .:..... ...... .......r.. .",.... ... .... , .. .... .... ...... <. ...... .., ~~~.;,:,"',.,' V"~"'. '..-~;;:.4~~-"" ... - - .........~jo "." .....'\:z..,._........:....~-.....;....~;.,;;.. .......'lo.':..:...... >'. -.....-.. James F. Moore Jr. 1211 Park St. Rshland, OR 91529 City of Ashland :20E.Main Ashland, OR 97520 Nov. 27,1996 Re: Budget Committee It is my understanding that there are two positions open on the committee. I would like to be considered for one of these positions. My resume is as follows: Iwas born and raised in the Rogue River Valley, graduated from Medford H,S. in 1949. I graduated I from Oregon State College (OSU) in 1957. Worked for Union Oil Company of California in exploration geology in Costa Rica and Argentina from 1957 to 1961. During this time I organized exploration teams and prepared budgets for expeditions in the jungles of Costa Rica and in Patagonia in S, Argentina. Returned to the U,S, and was employed by Allstate Insurance Company until retirement in 1991, Served in management positions in both Underwriting and Marketing throughout the U,S. I was - responsible for numerous yearly and long range budgetary planning for departments of up to 65 people and yearly budgets of up to four million dollars in annual expenses. I have participated and taught numerous business related courses including time management and Crosby's Quality Education. , . !I Since moving to Ashland in 1991 have served on the Board of Directors of Community Concerts, 1991-1992. Currently serve on the Board of Directors of the Southern Oregon Land Conservancy as Secretary, and am Chair of the Board of Headwaters, a local non-profit environmental organization. I am also on the Board of Directors of the Craterian Performing Arts Company, in Medford, Oregon, Locally have also served on the Reeder Reservoir Sluicing Committee, the Wetlands Coalition- (citizen group involved in developing alternative sewage system in Ashland)'andnumerous local.citizens' groups. My personal philosophy on budgets incorporates fiscal responsibility and relates stated goals to . ':projected budgets. I feel I could provide useful insight into the budget process, I am available for further consideration but will be out of the countrv until December 15, 1996. Sincerely, ~~.lW-~ UJames F. Moore Jr. December 4, 1996 F'>. r;J n r:Jl !\ ! ~r:::" ~t:;;!lf'i;:t~! >" . \ ~\t"" . , . ~ v . .... ,..... (.' ~. i.GQ~ \ l\\; L~;. ~" \i ~), ........,.J \ \ "1-"_1:; ;-'tJ~;:"-: ';', '". .~..' !:_ . .jUL.::j'-'~'<" ....._...~......... Mayor Cathy Golden and the Ashland City Council 20 East Main street Ashland, Oregon 97520 Dear Mayor Golden and City Councillors: I am writing to express my interest in serving on the Budget Committee. I understand that there are two positions that need to be filled by community members. I have owned and actively operated Small Change Children's Store for the last seven years. My husband Peter and I are raising three teenagers, two attend Ashland High School and one attends Ashland Middle school. I've enjoyed helping at the schools over the years. I truly appreciate the support of the community and strive to give back in volunteer service where I can. I currently serve as treasurer on the YMCA Board of Directors. I am a member of the Ashland Rotary Club and value the opportunity to be involved in our community. In September I finished my term on the Chamber of Commerce Board of Directors. I have yet to directly volunteer for the city and would appreciate your consideration of this letter. Thank you. Sincerely, ~rn~ Lin Mattson . ~l, C~ ~. . ~ { Children's Store 5 North Moin Ashlond, Oregon 97520 (503) 488-1000 . I I I J :1 ! ~ . a ti ,~ II ~ '[ ~ .. 111 ]HI 'I~ II! " :; , ! 1:1 ,j Ii I,; " " 't~ '! i TOWN & COUNTRY CHEVROLET. OLDSMOBILE, INC. 2045 HIGHWAY 99 NORTH P.O. BOX 249 ASHLAND, OREGON 97520 5031482-2411 .....;-....... . - \ ,'.' [if? C~.;?rl~; i ;; \ \:j' \.. Fc~:'~',:~, ~;~~j~~~.~U LH_.J~"- ---:-> December 12, 1996 ---~-.--~ - .--- -- City of AsWand 20 E. Main St. Ashland, OR 97520 Dear Mayor Golden: I would like to apply to serve on the city budget committee. My experience with the school district budget process will help me serve the city, I feel qualified to be an applicant and would appreciate the appointment. AD/jd Sincerely, ~~/ Alan W. DeBoer . , --' --~-=:l.'C"". ""~ =_-=-....~-_._-~-. .~="-.r~'='O>:l"~~.,= ;,;......~_r .-...~.. "'.~.."ol:...-.:.<' l ~ ~ I i , . i I i I D I ! I " ,. < TO: JAN/DAILY TIDINGS 482 3688 FROM: . FRAN BERTEAU/CITY HALL DATE: October 30, 1996 Jan, please publish as follows: Thanks. YOUR CITY NEEDS YOU! Applications are being accepted for open positions on the Citizens' Budget Committee. These volunteer positions have a 3-year term expiring December 31, 1999.. State law requires members to be city residents. The majority of the meetings for this committee are held Thursday evenings during the months of March and April. For more information, please contact city Recorder Barbara Christensen at City Hall, 482-3211. The deadline for applications is November 30. If you are interested in applying, please submit your letter of interest with your resume to the City Recorder at'City Hall, 20 East Main Street, Ashland, OR 97520. PUBLISH: Monday, November 4; Monday, November 11 and Revels' November 14 edition. Purchase Order No. 19855 For information, contact Fran at 488-6002 ; - . ~ - - , .. " . . , __. "'t._ ...,,1' . ROGUE VALLEY Transportation District Ojfic. of th. Interim General Manager MEMORANDUM . Date: Deccmbcr 13, 1996 Subj: ~'J .... Ashland City Council ; '. -.~~.: ~J Proposal for Restoration of Service To: From: Thank you fat yout interest in the Rogue Valley Transportation District 8IId your intetest in having service rcstomi to the Ashland area. As you know, RVID is in the midst of rebuilding setVice and service commitments throughout out district. The AsblsDd community has shown support for the District through financial gnmts, ridership and at the polls in the recent election. We ate cunent1y invampting the possibility of offering an extended ttansportation pIOgtIIIIl in the next fiscal year which may include a valley feeder at similar shuttle setVice to connect with the fixed-route system. However. it is in the best inletest of the City and the TtanBpOrtation District that the level of setVice restored is a level we ate able to sustain throughout the next fiscal year, Also. with future lI18DlI8ement and the ditection of the District as not yet certain, I 8D1l111COmfortable entering into any long-term commitments. At this time. I am prepared to offer the City of Ashland a proposal to extend the current service as attached This is s commitment to restore IS minute service on fixed routes and to provide complimentary paratransit for people with disabilities. The cost to the City of .A.hl~fJd to restore this level of service from J8I1WUY 13, 1997 through June 30, 1997 will be 550,000. Continuing into the next fiscal year will requite additional financial commitment from the City of Ashland, As the District forges ahead and develops s full transportation plan. it is our intention and hope to Rlstore Saturday service and extended hours. 'am aware you ate exp10riDg creative solutions to finance transportation in the Ashiand commUDity and I applaud your visioll8tY efforts, 'hope to continue to work closely with you and your odmini.trative staff over the next months to further assess your tranSportation needs. establish out ability to meet those needs and to develop a meaningful transportation system for the citizens of our communities, :;;::;;{f In; I\. V. T. U. CURRENT SERVICR ii,-i3-se i3;,5 i R V 1 ()-. RVI'D SERVICE RESUMPTION JANUARY 1997 ASHLAND Route 10IMedford.A.hland Monday-Friday 5:00 a.m. - 6:00 p.m, I hour service PROPOS A T. (pffec lanu9~ 11 1997) Route 10IMedfnrd.A.hland Monday-Friday Ii i il I !I Route 5/Aahland Loon Monday-Friday 5:00 am. - 6:00 p.m. 1/2 hour service 7:00 a.m. - 6:00 p,m. 1/2 hour serviee Ashland core serviee - 15 minutes service between sase and the Ashland Plaza. ._---..._-~---- '--'";" " J03 400 J3i ii~ ~ c C I T Y o F ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (code 541) 482-3211 NOTICE OF SPECIAL MEETING January 7, 1997 Ashland City Council Ashland, OR 97520 Pursuant to the City Charter and Section 2.04, 110.c of the Ashland Municipal Code, a Soecial Meeting is called for Thursday, January 9, 1997, at 11 a.m., in the Civic Center Council Chambers, 1175 East Main Street, Ashland, OR. The purpose of this meeting will be adoption of a resolution calling for a special election on flood restoration bonds and adoption of resolution declaring official intent to issue reimbursement bonds to reimburse expenditures incurred for flood damage. (p:flood\special.mtgl RESOLUTION NO. 97- BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD RESOLUTION EXEMPTING FROM COMPETITIVE BIDDING CERTAIN EMERGENCY CONTRACTS LCRB RESOLUTION RELATED TO THE NEW YEAR'S DAY FLOOD, JANUARY 1,1997. Recital: AMC 9 2.50.040 permits the Ashland City Council sitting as the Local Contract Review Board to exempt contracts from competitive bidding if it finds emergency conditions require prompt execution of the contract. The council has ratified the determination made by the city administrator that an emergency exists due to major flooding in Ashland Creek and other drainage areas throughout the city, resulting in loss of operable water and sewer treatment plants, and threats of life, property, and the public health. The Board resolves that an exemption be granted as follows: Emergency Contracts In Response to New Year's Day Flood, 1997. Pursuant to AMC 9 2.50,040, the council sitting as the Local Contract Review Board, unanimously determines emergency conditions exist because of the 1997 New Year's Day Aood and these conditions require the following contracts to be promptly executed: 1. LTM Incorporated, P.O. Box 1145, Medford, Or 97501. Water Street area repair: realign waterline, replace sanitary sewer, reconnect sewer service lines, backfill washout area. 2, KOGAP Manufacturing Company, P,O, Box 1608, Medford, OR 97501, Clay Street area repair: remove and replace waterline, re-establish creek channel, rip-rap along pipeline; fill in washed out areas. 3. Burl Brim Excavation, Inc., 534 Crowson Road, Ashland, Oregon. Canyon Road repair: Repair two washout areas and remove debris from creek below water treatment plant. Install road culverts and creek bank reinforcement. Granite Street repair: Repair or replace 8" sanitary sewer line, 10" overflow line, 12" waterline; remove flood debris, fill washed out areas, armor creek banks. Winburn Way: storm and flood emergency work, removal of silt and debris. PAGE 1-LCRB EXEMPTION (p:ord\lcrllood.rOlI 4. Quality Rock, P.O. Box 338, Ashland, OR 97520, Glenview Drive - F.S. 2060 Rd. bridge restoration; remove debris from creek, fill wash out areas and rip-rap upstream and downstream slopes. Granite Street bridge restoration; same as above, 5. Wayne Christian Corporation, 2021 Bullock Rd., Medford, OR 97501. Winburn Way: remove debris from creek channel; relocate creek around Winburn Bridge; remove debris and silt from bridge interior; install culvert. Wastewater Treatment Plant channel restoration: restore Ashland Creek at Bear Creek. This resolution was read by title only in accordance with Ashland Municipal Code !i2.04.090 duly PASSED and ADOPTED this day of January,1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-LCRB EXEMPTION (p:ord\lcrllood.,osi RESOLUTION NO. 97- A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, DECLARING OFFICIAL INTENT TO ISSUE REIMBURSEMENT BONDS TO REIMBURSE EXPENDITURES INCURRED FOR FLOOD DAMAGE RECITALS: A. The City of Ashland, Oregon, (the"City") expects to cause certain capital expenditures to be incurred for the restoration of city facilities damaged in the New Year's Day flood, 1997, including, but not limited to damage to the water treatment plant and transmission lines, damage to the wastewater treatment plant, transmission lines and storm drains and damage to public streets, bridges and utilities. B. The City intends to reimburse itself for such capital expenditures with the proceeds of borrowings incurred by the City (the "Reimbursement Bonds"). C. United States Treasury Regulation 1.103-18 sets forth certain requirements that must be complied with in order for the proceeds of Reimbursement Bonds to qualify as an expenditure of bond proceeds. One such requirement is that on or before the date the expenditure that is being reimbursed is paid, the issuer of Reimbursement Bonds must declare a reasonable official intent to reimburse itself for the capital expenditure. THE MAYOR AND THE CITY OF ASHLAND RESOLVE AS FOLLOWS: SECTION 1. It is the reasonable intent of the City to reimburse the capital expenditure for the repair, restoration and rehabilitation of the city water treatment plant and transmission lines; the wastewater treatment plant, sewer mains and lines; storm drains, drainageways and lines; and public streets, bridges and utilities with the proceeds of Reimbursement Bonds in the principal amount estimated to be $_,000,000. This resolution was read by title only in accordance with Ashland Municipal Code ~ 2.04.090 duly PASSED and ADOPTED this day of January, 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 1-RESOLUTION (p:flood\roimbOfld.,ool RESOLUTION NO. 97- A RESOLUTION RATIFYING THE DECLARATION OF EMERGENCY MADE BY THE CITY ADMINISTRATOR AND ASSUMING ADDITIONAL EMERGENCY POWERS DURING THE EMERGENCY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Administrator has determined that a state of emergency exists in the City of Ashland. We ratify that determination and adopt those statements made by the Administrator in his declaration which is attached to this resolution 1, SECTION 2, Additional specific emergency powers delegated to the Administrator or authorized for the duration of the emergency shall be: 1. Authority to request assistance from other public agencies. 2. Authority to determine the priority for restoration of water service, 3, With concurrence of the Mayor, such other powers as are necessary for the public health safety and welfare. The foregoing resolution was READ and DULY ADOPTED at a special meeting of the City Council of the City of Ashland on the _. day of January, 1997, Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,199_. Catherine M, Golden, Mayor AMC f 2.62,040 Doelantion and ratificatioo ofc:memCllCY. A. 1bo dcdantioo by the AdminiJt:rator of.11Itc ofc:mctJcocy sbaU: 1. sur.1IIe Il&lWo otIlleCIIICIJCllC)'. 2. Deaigoate IIIe ICOCnpbical bouodaries otllle....1Ubject to IIIe ClllClJCllC)' _. 3. sur. "'Y tpcciallq1llatiollJ imposed as . rtCUh of *' IIalc of emergency. B. In additioo to 1bo ItaIcmcl1tl c:oumctatocl in IUbaocIioo A. 1bo ratiflCatioo by 1bo City Council of. state of m1CtJcocy Iha1I; 1. State the duratioo of time during whicb the area 10 deaipated aba11 ra:nain an c:mctgc:ocy area. 2. Authorize lpCCific CIIlCfIc:ocy powcn for 1bo duration of the cmera:c:acy period act forth in tho doclaratioo. PAGE 1-RESOLUTION RATIFYING DECLARATION OF EMERGENCY(p:rormslcmtz-dcl.oaj DECLARATION OF STATE OF EMERGENCY As City Administrator for the City of Ashland I have determined that a state of emergency exists and therefor make the following declaration under the authority granted in Ashland Municipal Code Chapter 2.62': A. The nature of the emergency is: Major flooding in the Ashland Creek, Flooding and other drainage areas throughout the city, resulting in loss of operable water and sewer treatment plants, including access to same; and threats of life, property, and the public health. B. The geographical boundaries of the area subject to emergency controls are: City limits of the City of Ashland, and the Ashland Creek f100dway up and including Reeder Reservoir. C, The duration of time the area above shall remain an emergency area is continuous until further notice is given. Special regulations imposed as a result of the state of emergency are: 1. Standard city procurement procedures are suspended, 2. A curfew is established in the Plaza Area and Winburn Way for the following hours during which all other than officially authorized personnel may be upon the public streets or other public places: 5:00pm to 7:00am. 3. The number of persons who may gather or congregate upon any public street, public place, or any outdoor place is limited to 25. 4. The following streets shall be barricaded and vehicular or pedestrian traffic is prohibited except for authorized police or emergency vehicles: 1 , North Main from Church to Plaza. 2. Water Street from Plaza to Van Ness. 3, Winburn Way in its entirety. 4, Granite Street from end of pavement westerly. 5. Siskiyou Boulevard between Clay and Bellview. 6. Hersey (near Oak). 7. Van Ness (Water to Oak). 8, Nevada Street (Helman to Oak), 9. Water Street Bridge between Lee/Iowa. 10, Vista between Glenview/Fork. AMC . 2.62.030 City Administntor ruooosibilitv. The City Administrator ill responsible for implcmc:ntatioo. of the Emeq:eGCY Management Plan. When the Administrator determines that . state of cmcIIC'.I1Cy exists, tho Administrator ahalllDlke. declaration to that dfect and requell the Mayor to call . special meeting of the COUDcil in order to ratify the declaration of emergency. AMC I 2.62.0l0 Doclantioo and ratifieatioo of CDlemmcv. A. The dcclara1ioa by the AdminiJtn10r of. state of r.merat:nr.y Iha.ll: 1. State the Dlb1re of the cmcIICDCY. 2. Ilea;,.w. the &"'IraplUcal boundariea of the .... JUbjcct 10 the cmcIICDCY _.J. SIB thc duratioa of_ durio& which the IJ"CI, IOdcsipa1cd shall mnain an ClDClJtney area. 3. Stale any specialrqu1atioos imposed II. rcsuhoftbc ltalcolc:mergc:ocy. 4. Stale my special regulations imposed II I reautt of tho Ilato of emergency. 5. Persons shall be evacuated from the following areas: 1. Plaza buildings between Lithia Park and N. Main. 6. The sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place except for public safety officers is prohibited. 7. Commercial activity in the following areas is suspended until further notice: 1 , Plaza buildings abutting Calle Guanajuato. 8, Water shall be turned off in the following areas: 1. All areas of the city, Electricity shall be turned off in the following areas: 1. Plaza buildings abutting Calle Guanajuato. 9. The following additional measures are ordered as being necessary for the protection of life or property, or for the recovery from the emergency2: 1. Traffic diversions as authorized by the Chief of Police or his designee. 2. Additional evacuations as authorized by the Chief of Police or his designee. Dated this 31st day of December, 1996, at the time of 10:00 pm. Ip:forms\omer-dcl.or1 , ~~. , Brian L. AI 2 In addition to this open-ended author1ty, AMC S 2.62.060(11) authorizes the administrator: "To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services." 3 Scctioo 2.62.030 oCthe municipal code requirea Ibe City Administra1or, after cIccJariag allale of CIDClgeocy. to roquest rcquea the Mayor 10 call . IpCCW mcetiDc of lhc Council ill Ofdc< 10 mifY lhc declaralioo ol """I""l' . CITY OF ASHLAND Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM DATE: December 30, 1996 TO: The Mayor and Council FROM: Paul Nolte , RE: First Reading by TItle Only of an Ordinance Amending Chapter 2.41 to Reduce Contribution Umits by Political Committees and ib Delete' Contribution and Spending Umits for City Measures The purpose for these proposed amendments is two-fold: 1) The amendments delete any limitation for contributions or expenditures for measures (as opposed to candidates). The courts have held that the justification for limiting contributions or expenditures for candidates (e.g. corruption and undue influence) cannot be applied to justify similar restrictions on measures. (Note: For the local campaign involving the two cost commission measures, the chief petitioner and any campaign committee promoting or opposing the measure were notified. early in the campaign by the city recorder that the ordinance restrictions would not be applied. . to them.) 2) The amendments also clarify a confusing restriction and distinction involving contribution limitations by campaign committees versus individuals. The amendments to section 2.41.030 limit the contributions by committees to the same limitation for persons. Attachment (.:\council\chap2-41.me21 I ,,' I . . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2.41 TO REDUCE CONTRIBUTION LIMITS BY POLITICAL COMMITTEES AND TO DELETE CONTRIBUTION AND SPENDING LIMITS FOR CITY MEASURES ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETlONS ARE U~JEI}-TJ.lROUGJ.l AND ADDITIONS ARE B1J!1I. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.41.010.8.1 of the Ashland Municipal Code is amended to read: 8. Except as provided in section 2.41.020, 1."Contribute" or 'contribution" includes: a. The payment, loan, gift, forgiving of indebtedness, or furnishing without equivalent compensation or consideration, of money, services other than personal services for which no compensation is asked or given, supplies, equipment or any other thing of value: i. For the purpose of irifluencing an election for public office or eR eleetieR SR a measure or of reducing the debt of a candidate for election to public office or the debt of a political committee; or Ii. To or on behalf of a candidate, political. committee or measure; and :. I I SECTION 2. Section 2.41.010.D of the Ashland Municipal Code is amended to read: D. Except. as provided in section 2.41.020, 'expend' or "expenditure" includes the payment or furnishing of money or any thing of value or the incurring or repayment of indebtedness or obligation by or on behalf of a candidate, political committee or person in consideration for any services, supplies, equipment or other thing of value performed or furnished for any reason, including in support of or in opposition to a candidate, political committeEH*' measure, or for reducing the debt of a candidate for election to public office. "Expenditure" also includes contributions made by a candidate or political committee to or behalf of nay other candidate for public office or political committee. PAGE 1-0RDINANCE (p:...dlcampaign.omdl SECTION 3. Section 2.41.010.G of the Ashland Municipal Code is deleted, G. I'Msoo\;Jrs" iAslblaes BAY sf the felle':Jing &t=JBFAiUea te tAB f3seple for their e!3J3f8val or reJeetieA at aA eleetieA: " 1. AA ameAelmeAt te tAe City CRerter; 2. A J3fOJ3aSea Bit-,,- ardiAemee; 2. .^. refer=8Adum regaraing a sly ardinanee; 1. A pf9J30sitioR Sf CEll:Jestian. SECTION 4. Section 2.41.010.1 of the Ashland Municipal Code is amended to read: I. "Political committee" means a combination of two or more individuals , or a person other than an indMdual, that has received a contribution or made an expenditure for the purpose of: . 1. Supporting or opposing a candidate or meaSl:lro; or 2. Making independent expenditures in support of or in opposition to a candidate or meaSl:lre. SECTION 5. Sections 2.41.030.B and C of the Ashland Municipal Code are amended to read: 2.41.030 Contribution Umits. With respect to a single election: A. A person or political committee shall not contribute an aggregate amount exceedin~ 1. For a J3ersoA, $50 to a candidate or principal campaign committee of a candidate for election to the office of mayor, city councilor, park commissioner, municipal judge or recorder or to BAY l3elitieal eommittee ergsAized enell:lsi'/oly to Sl:ll3l3eFt or te eJ3J3ese MY FfleaSl:lre. 2. Fer a !3olitioal eemmittee, ~100 to a aaAelielate er priAoipal eaml3ai~A eommittee of a aaAaidate fer eleetieA te the offioe of mayer, eity ool:lAeiler, 13ar-l( eomFflissieAer, ml:lRieipal juel~e er reooFEler er te BAY !'lelitieal eemmittee or!;laA~ed 9l<sll-:lsively te 61:1!'l!'lelt er te e!3pese eAe er mere Ffleaoures. B. For candidates and political committees who adopt the expenditure limits as defined in section 2.41.040, a person or political committee shall not contribute an aggregate amount exceedin~ 1. For a !'lersoR, $100 to a candidate or principal campaign committee of a candidate for election to the office of mayor, city councilor, park commissioner, municipal Judge or recorder or te aAy !'lelitisal semmittee ergsAizsel 9l<sll:lsivsly to SI:II3!'lort er te e13lgese aAY measl:lre. 2. Far a f3elitieal eammittee, $200 to B eMeieate er J'lfineif3sl oaml9sigA eemmittee at a eaRdiaate fer sleetioR to the effioo of Fflayor. Gity eeufloiler, par-It Gernmissioner, fRl:Inieipal '.', , ., PAGE 2-0RDINANCE Ip:onl\cemp""n..mcll ~t "f juelgo or rooorelor or to aRY flolitioal eommittee orgaRized e)lelusi'lely to SUflflOR or to opflose oRe or more measures. SECTION 6, Section 2.41.050.B of the Ashland Municipal Code is deleted. B. Tho troaourer at a pelitiool eOfAfA~ee ergaAizea (3)(eh:Jsively to SI,I13Port er te al3l'lese OAe or mere measl,lres may file a deelaration af limitation aA e)II'lOnelitures as EleseriBeel in seotien 2,11.080 with the reeereler stating that thc political eommittee will not malle attriButaBle. ellf3eAditblrcs in Clleess at $6,000 for any measuro. SECTION 7. Section 2.41,050.D of the Ashland Municipal Code is amended to read: I: iI D. A candidate or political committee described in subsections A and B of this section who have filed a declaration under this section stating that the candidate or committee will not make attributable expenditures with respect to the special, primary and general election in excess of the limits described in subsections A and B of this section shall not be bound by the declaration if any opposing candidate or political committee for the same public office-ef mcasure at the same election has not filed a declaration indicating that the candidate or political committee will limit expenditures or has filed the statement but has made expenditures exceeding the applicable limit, SECTION 8. Section 2.41.060.B of the Ashland Municipal Code is amended to read: B, The recorder shall prescribe'forms for the filing of the information required by this section. The forms shall also include< ~ 1. llhe name of~ a: lf1e candidate by which the candidate is commonly known and by which the candidate transacts important private or official business; or 13. The treasblrer aAd the eommittoe name for eny politieal eemmittee formes ellclusively for tAe. support of or tAe oPflosition to ORe or more measures. SECTION 9; Section 2.41.090.C of the Ashland Municipal Code is amended to read: C. The recorder or city attorney shall exempt any candidate or political committee from the imposition of civil penalties under subsections A and B of this section if the recorder or the city attorney finds the candidate or political committee has exceeded the applicable expenditure limit by a minimal amount. The recorder shall adopt by rule standards and procedures for exempting any PAGE 3-0RDINANCE (p:ordlcarnpaign.omd) . f candidate or political committee from the imposition of civil penalties under subsections A and B of this section. The rule shall apply in the same fashion to all candidates and political committees for the same offico or measure. SECTION 10. Section 2.41,110.B of the Ashland Municipal Code is amended to read: B. If a candidate or political committee described in section 2.41,050 has agreed to limit expenditures, but is not bound by the agreement because an opponent or opposing political committee of the candidate or political committee for the same office ef measure at the same election has not agreed to limit expenditures or has exceeded the applicable expenditure limit, the published statement described in subsection 2.41.110.A.1 shall indicate that the candidate or political committee has agreed to limit expenditures and that the candidate or political committee is not bound by the agreement because an opponent of the candidate or opposing political committee for the same office or measure at the same election has not agreed to limit expenditures or has exceeded the applicable spending limit. ,,~. PAGE 4-0RDINANCE (p:o<dlcomp..gn.....U Ashland City Recorder October 31, 1996 " RECD OCT 3 1 1996 rY Please include this letter in the Council's meeting packet and also make it part of the public record concerning the Council's revising Chapter 2.41.030 Contribution Limits, Ordinance # 2766. Thank You, David Fadden Secretary of State Elections Division Attention, Mr. Fred Neal 114 State Capitol Salem, Or. 97310-0722 October 9, 1996 Dear Mr. Neal, I have been ordered to. revise my Summary Statements of Contributions and Expenditures for. my Ballot Measures, 15-50 and 15-51. Please review the inclosed copy of a letter from Ashland's City recorder. Prior to revising my Political Committee Contributions and Expenditure Reports, I would request a ruling from your authority. My hesitation in revising my reports is based upon the following: Note: underlining is added for emphasis. 1. ASHLAND'S, "CERTIFICATE OF LIMITED EXPENDITURES" I voluntarily signed the two certificates, agreeing to the pre-written wording that preceded my acknowledging signature and date; that of: ".......or, if I am signing as treasurer of a' political committee organized exclusively to support or to oppose one or more measures, I certify that the committee will not make attributable expenditures in this election in excess of $5.000 for any measure." There are three content subject matters on the bottom third of my two signed certificates. Please review copies of the inclosed certificates. 1. Within the paragraph that begins, "If a candidate, including the candidate's principal campaign'committee, .....", there is specific wordinq pertaininq to local measures. 2. In the following paragraph that begins with, "Candidates and committees who adopt these expenditure limits.....", there is no reference to local measures. The wording implies the same connotation as the lead wording of the prior paragraph with its beginning reference to, candidates includinq the candidates principal campaiqn committee. 3. There is no reference on the Certificate to Ashland's Citv Ordinance. #2766, which added Chapter 2.41 to the City's Municipal Codes. I was not informed of this City Ordinance. II. CITY ORDINANCE 2766 SEEMS TO BE INCONSISTENT WITH: A. ORS 260.160 (3): "An individual shall not contribute in any calendar year an aggregate amount exceeding $100 to anyone political committee other than a principal campaign committee or a political committee orqanized exclusively to support or oppose one or more candidates for national or political party office or one or more measures. B. '96 Campaign Finance Manual: Political Committees: Page 19, Ballot Measure Committees, "Political committees formed to exclusively support or oppose ballot measures can accept contributions from any entity without limit." Page 24, Allowable Contributions Chart, Under Exclusive Ballot Measure PC, shows "No Limit". ****************************** It is very confusing to read State Rules regarding elections and believe that you are proceeding according to the letter of law; and then find that you are violating your City's law. Can the City of ~shland mandate restrictions that are stricter than State laws? I would appreciate a written confirmation of this letter. Tharik You, David W. Fadden, Chief Petitioner/Treasurer City Measures, 15-50 & 15-51 326 N. Main St. Ashland, Or. 97520 (541) 488-0025 2 i';". -l' CITY OF ASHLAND Office of the City Attorney (541) 482-3211, Ext. 59 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM DATE: December 11, 1996 TO: Mayor and City Council FROM: v/ Paul Nolte, City Attorney RE: Thierolf v. City of Ashland, LUBA No. 96-011 Thierolf v. City of Ashland, LUBA No. 96-022 '1 " In December of 1995, the council approved the sale of a small strip of land to the Peggy Ann Sammons Uving Trust (Sammons). This strip was adjacent to the residence of Sammons on Terrace Street and facilitated Sammons partitioning the lot (map attached) by increasing its width to meet minimum width requirements. The city reserved easements in the strip for utilities and pedestrian access. The sale of the lot and the partition approval were appealed to LUBA in two separate cases by an adjoining landowner, Mary Thierolf. The bases for the appeals were that the city failed to adequately give notice of the partition and the sale did not comply with statutory requirements for the sale of land by cities. LUBA decided these two issues on November 12, 1996, in favor of the city. LUBA held that the notice given was adequate and that the sale of the property was not a land use decision and therefor LUBA did not have jurisdiction. LUBA has transferred the sale of property case to the Jackson County Circuit Court which does have jurisdiction. This case is now pending before the circuit court. Thierolf has filed a notice of appeal to the Oregon Court of Appeals on both these cases. At the time the sale to Sammons was made by the city, state law required all sales of property by cities to be publicly noticed and that a public hearing be held regardless of the size or nature of the property. No public notice was given and no hearing was held prior to the sale to Sammons. (Another statute allows cities to adopt alternative procedures for sale of property. The council has now adopted an alternative procedure (also attached) for properties that are undersized and undeveloped. These properties may be sold without public notice or hearing but must first be offered to '~ ....,. Memo to Mayor and Council December 11, 1996 Pace 2 adjoining landowners and approved by the council prior to sale, The property conveyed to Sammons fits this class of property.) Because the sale to Sammons did not comply with state' requirements, the city should seek to rescind this sale and take the appropriate steps to dispose of the property under the city's recently adopted process for undersized and undeveloped property. Sammons' cooperation is needed for a recision to be effective without further litigation. Thierolf has agreed that the appeals will be dropped and that the transfer to circuit court will not be necessary if the sale is rescinded, Sammons has taken the request for recision under consideration and may have a response by the time the council considers this issue at its next meeting on December 17, 1996. If recision is not effected through mutual agreement with Sammons, then the city should assert a position in the circuit court case so that the court orders recision. Attachments (2) c w/attachments: William Sammons Dick Thierolf (p:p'annmo\cn-thier .mom) .;' ,--- ~- - r 391[ ~OC \ , GLEN VIEW DR, -,- T-:';~':.:;, ,." I V' /".V- TERRACE I .....---.,;-;. ,. G)'/ ~... I r- zoo ." 1. 400 .." I fT1 " -#", ;e !~ ~! \ I S ;~ \ , fTJ ':-" v < 39 IE 9CB ,JAM 0 4.\995 .' , ,", I I I r I 1 , . A ~.;. .;. . ;~:\ jl:i ~: ! l j.I__~"3'0'--1'" 30'.'~'''"' ~ /" : 100"0" "'.'o"o'":~ jl..; 1\ /:-:; 0''::' /. .;' -..:' ,\- .:, ' ,~- i" (,AlAe ~ "- , ' 1'._ '_.~;~~~~~~:::\- S.~~M~~S ~~:t J I'.'''" ...... /1100 1 '" ~:'3.. SUMM!T "i. / ," ,",:,~w."uu:::,::::::::::::,:,:::::,::::,\,f STR~ET a _ 01'. '\ ... ;: ~:'. -.- 'to --- - ..- : . . ,~~ r- , / ':' . ~' "'Ii', . \ . 1300 ..;, \ll , ; . ~.._._ ::: _ .......~,l,_ ~. ':.':. ...."'- -/~ "~,, ~ "'. - - .-~: - . p' '~~ ~.~ 1 ,1.'1.1 ,:,:: SAM,~ONS P~?Pf i 1401 .\ \ ~ .,~ \ ~ ~\ I : I i ""L "'0' ,.....'0 " vlll ,,". ~ l'OIUlItll\.T '''Ii 1" I , ! !~ ~".~j. ,ul.1I , , , a" ':P' \ .... \ \ L.'\: '. !<'\ ( "~ _1Jl 'i'C: t.~ ':..~ {,~ PROP. REQUESTED BY SAMMONS " 1> ~" \. ~ ~ o C) ':-- . -\ <- ""':10 o . "Z , .~ \ \ ~ '-..,-\. , \ \ \ \ ..., . . , .. \ ';' ': . -- , ; \ \ I P-45~4.1 \-..... ,.. '.-:;.\."_ ,_<0." \\~ 12...ll . .,~\ ~ ,'~,-. ., , (~..._.. \. \ 1600 .,.. .. :~\ .;. 1400 ,.' : ~ (P-562B) 1700 '..;: Q - -- - \ Hel " ~ 1900 , ~ ~ . . .- - - - IBOO \ .';' " ., i...j . 2000 ZOOI ~ ~ < REDUCED SCALE I ~ I~ I' I ~ :1 ~ - ~ > .- ILl ILl . ;0:: . '.- (I) IOWA _ ~', 1 STREE1 "j " i . , - ~... ILl \ ,U : '<I: 0:: 0::' ',ILl ,.- CITY OF ASHLAND - ENGINEERING DIVISION AUGUST 1~. 1995 -.... '.., RESOLUTION NO. 96-30 A RESOLUTION ESTABLISHING AN ALTERNATIVE PROCEDURE FOR THE SALE OF CITY SURPLUS UNDERSIZED SUBSTANDARD UNDEVELOPED REAL PROPERTY PURSUANT TO ORS 221.727 Recital: ORS 221.727 permits the city to adopt, after public notice and hearing, a procedure for the .sale of individual parcels of a class of city-owned real property. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The following procedure is adopted to dispose of surplus real property, or any interest therein, falling within the class of properties as defined in this resolution. UNDERSIZED UNDEVELOPED PROPERTY (real property parcels with no structures located upon them and which are not of minimum buildable size for the land use' zone in which they are located) : Whenever an undersized undeveloped surplus parcel is proposed for sale by the city, or whenever a purchase inquiry is made of the city and the city administrator has determined that the property is surplus, the property shall first be offered to the adjoining land owner(s) at a price determined by the city administrator to be fair market value. In determining the fair market value, the city administrator may consider the appraised value of the parcel or abutting parcels as established by the Jackson County Assessor, other competent appraisals, if any, and any existing liens or past and future maintenance costs to the City in establishing the minimum acceptable terms of sale. The offer shall be made contingent upon approval of the sale by the city council bids by other adjoining land owners, if any. If the offer is accepted, the transaction shall be presented to the city council at a regular public meeting for acceptance. No pUblic hearing is required. If there is more than one adjoining land owner who offers to purchase the property, the property shall be sold to the owner who offers the highest price. In the event two or more offers are for the same amount, the council shall accept the offer received first by the city. This resolution was read by title only in accordance with Ashland PAGE 1-RESOLUTION (p:onI\Wq>rop.n:a) ...., . Municipal Code S2.04.090 duly PASSED and ADOPTED this of June , 1996. is day /, /~""~ (' },.u,>1"'~ 'BaDbara Christensen, City Recorder SIGNED and APPROVED this day of U-"~ J , 1996. /S/ C' ~c..~'~~ \'Y'\, G~ 'caeherine M. Golden, Mayor Reviewed as to form: /<;~~ J'-1\cr-Lt.. J 'Paul Nolte, city Attorney . PAGE 2-RESOLUTION (p:on!\IIkprop...) CITY OF ASHLAND Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax MEMORANDUM DATE December 19, 1996 TO: Mayor and City Council FROM: t..--paul Nolte RE: ADA Requirements for Ashland Street Trees and Sidewalk As requested by the council, I spoke with Darrel Ackerman after it appeared that the ad hoc committee's interim solution for Ashland Street trees and sidewalks did not comply with the ADA. As you know, Darrel was the consultant the city retained to evaluate city buildings and facilities for compliance with the ADA. Darrel is a recognized expert in this field. Darrel's opinion was that if the city developed a plan similar to barrier removal plans / allowed under state statute and the ADA for buildings, it could be seen as a good faith effort by the city to come into compliance with the ADA. He was familiar with the proposal by the ad hoc committee to accomplish sidewalk repairs and improvements while saving street trees pending the adoption and implementation of the Ashland Street Plan. He felt that if the city were to adopt specific steps within a specified time frame, with the end result being accessible sidewalks within a three year period then such a plan would be reasonable. Darrel was candid in stating that such a barrier removal plan is not recognized as an alternative under the ADA for public sidewalks. My opinion remains unchanged as to the requirements of the ADA for those sections of sidewalks that are removed or that are repaired, Any such alteration of the sidewalk, or any portion of the sidewalk, must be replaced with a sidewalk which is accessible as defined under the ADA. Ip:a1o\ada-8ide.opnl '! ",. G A(Zg REQUEST TO THE GOVERNOR OF THE STATE OF OREGON FOR DEClARATION OF STATE OF EMERGENCY' TO: John Kitzhaber, Governor, State of Oregon, and the Jackson County Board of Commissioners Brian L. Almauist. City Administrator, City of Ashland. FROM: At 1 :OOam on January 1, 1997 the Emergency Operations Center was activated at Level II, and at 8:42am on January 1 the City Administrator declared a Water Crisis Emergency for the City of Ashland. , J The current situation and conditions are: Major flooding in the Ashland Creek Channel and other drainage areas throughout the city resulting in loss of operable water and sewer treatment plants, including access to same, and threats to life, property, and the public health. The geographic boundaries of the emergency are: City limits of the City of Ashland, and the Ashland Creek f100dway up to and including Reeder Reservoir. The City of Ashland by and through its City Administrator, as ratified by the City Council and Mayor, has determined that a state of emergency now exists in the city and that the city has expended all appropriate and available resources. The city requests that the Governor of the State of Oregon declare a state of emergency for the geographical area within the city limits of the City of Ashland as provided for in Oregon Revised Statutes Chapter 401 and provide appropriate support from state agencies and the federal government together with the following forms of assistance2: 1. Equipment, manpower and technical assistance in clearing the Ashland Creek Channel of debris and silt. Providing safe drinking water for the duration of the emergency, Assisting the city in the construction of a roadway to the Ashland filtration plant. Rnancial assistance to restore critical public facilities. Assistance to businesses suffering structural damage in the form of loans or other means. 2. 3. 4. 5. Signed Date January 2, 1997 Mayor p:forms\emergncy,dc31 .. , Thia _ ;, 10 be rooa.d lhroucb 10<b00 CouoIy ............ IIId "'1 be _ via ndio, Idq>/Joac, 1ddypc, or fu. !Iud copic:a IIIlIIl be Kalla JKboa County Emt:qCDC)' Mataaac:mcal aDd dxl OrqOQ Bmcqcocy Mmlccmc:ot Divilic:n, md. copy placed in d&e rm.al tociclmt packq:c. I Por cumpio: din:ct ttatc -CCOCK. 10 utiliZlO aDd employ IUI:c JI'ClI"IODDd. ClC(Uipmcat md r..:iIitict; provide Ic:mporary bouaiac dwiDc c:mcr&cocy; advlDCCl, kod. 01' pualhrouab fvDdI avlilabkl, dc. DECLARATION OF STATE OF EMERGENCY As City Administrator for the City of Ashland I have determined that a state of emergency exists and therefor make the fOllowin~ declaration under the authority granted in Ashland Municipal Code Chapter 2.62 : A. The nature of the emergency is: Major flooding in the Ashland Creek, Flooding and other drainage areas throughout the city, resulting in loss of operable water and sewer treatment plants, including access to same; and threats of life, property, and the public health. B. The geographical boundaries of the area subject to emergency controls are: City limits of the City of Ashland, and the Ashland Creek floodway up and including Reeder Reservoir. C, The duration of time the area above shall remain an emergency area is continuous until further notice is given. Special regulations imposed as a result of the state of emergency are: 1, Standard city procurement procedures are suspended. 2. A curfew is established in the Plaza Area and Winbum Way for the fOllowing hours during which all other than officially authorized personnel may be upon the public streets or other public places: 5:00pm to 7:00am, 3. The number of persons who may gather or congregate upon any public street, public place, or any outdoor place is limited to 25, 4. The following streets shall be barricaded and vehicular or pedestrian traffic is prohibited except for authorized police or emergency vehicles: 1, North Main from Church to Plaza. 2, Water Street from Plaza to Van Ness, 3. Winburn Way in its entirety. 4. Granite Street from end of pavement westerly. 5. Siskiyou Boulevard between Clay and Bel Mew. 6. Hersey (near Oak). 7. Van Ness (Water to Oak). 8. Nevada Street (Helman to Oak). 9. Water Street Bridge between Lee/Iowa. 10. Vista between Glenview/Fork. AMC . 2.62.030 CitY Adminiatntor rcIDOOSibilitv. Tbe City AdminiItrator is rapoo.aibIc for impkmtmtalion of Ibe Emcq:cacy Mml&emc:o.l Plan. Whco the Administntor deCenniDca <<hat . IIatc of c:meqcocy exists, the AdminiItraIor IhaO mate a dcclaratioo. to that dfcct and mqueat the Mliyor 10 call . spcciallDOdin&: 0( &be Couucil in order to ntiIy 1bc dec:luatioa. 0( c:mc:qcacy. AMC I 2.62.040 Declantioa and ratific.atioa 0( emervmcv. A. Tbc dc:clantioo. by the AdminiItratoI" oIallatc of t:aIClICOCY aha11: 1. State Ibc DlIUrc oflbc cmeII""'Y. 2. o...-lbc,,,,,,,npWcaI bcuodaric:o oflbc"", JUbjcd ID Ibc......_....,..,g. 3. _Ibc _ oflimc cIurioa_1bc area 10 dcaipatcd IbaD ranain.IQ cmetlCOC)' U'CIo. 3. StateI:l1)' IpCCiaI ~ impaled u. rrdl oIlbc JtIkI ol cmeqeocy. 4. State my IpCcial rqulationJ impoeod u . rcsub. oIlbc IIaIc of CIDClIIcocy. 5. Persons shall be evacuated from the following areas: 1. Plaza buildings between Uthia Park and N. Main. 6. The sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place except for public safety officers is prohibited. 7. Commercial activity in the following areas is suspended until further notice: 1. Plaza buildings abutting Calle Guanajuato. 8. . Water shall be turned off in the following areas: 1. All areas of the city. Electricity shall be turned off in the following areas: 1. Plaza buildings abutting Calle Guanajuato. 9. The following additional measures are ordered as being necessary for the protection of life or property, or for the recovery from the emergency2: 1. Traffic diversions as authorized by the Chief of Police or his designee. 2. Additional evacuations as authorized by the Chief of Police or his designee. Dated this 31st day of December, 1996, at the time of 10:00 pm. Brian L. Almquist, City Administrator {p:forms\omer--dctor1 J 2 In addition to this open-ended authority, AMC S 2.62.060(11) authorizes the administrator: "To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services." 3 _ 2.62.Q30of.......Didp.J codo rcquino"'CiIy A_, oftccdccJarioc. .....of"""l_, 10__'" Mayo< 10 call . .pociallDClCtial: of lbc Cauocil ia. ontct 10 ratify Ibc dcclanlioo of c:mc:qcocy . . RESOLUTION NO. 97- A RESOLUTION RATIFYING THE DECLARATION OF EMERGENCY MADE BY THE CITY ADMINISTRATOR AND ASSUMING ADDITIONAL EMERGENCY POWERS DURING THE EMERGENCY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1, The City Administrator has determined that a state of emergency exists in the City of Ashland. We ratify that determination and adopt those statements made by the Administrator in his declaration which is attached to this resolution'. SECTION 2. Additional specific emergency powers delegated to the Administrator or authorized for the duration of the emergency shall be: 1.' Authority to request assistance from other public agencies. 2. Authority to determine the priority for restoration of water service. 3, With concurrence of the Mayor, such other powers as are necessary for the public health safety and welfare. The foregoing resolution was READ and DULY ADOPTED at a special meeting of the City Council of the City of Ashland on the _ day of January. 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,199_. Catherine M. Golden, Mayor AMC 12.62.040 Dci:Jantica.... nlifiaticaotcmmcocy. A. lbodoclmlioa by lhoA_ot, llIloot"""lCllC)' ahalI: I. StaID lho ....... of lho """ICIlC)'. 2. Dcaipalc lho 1000npbjoaI_ of lho ..... Illbjcct ID lho """ICIlC)' _. 3. State ..,. apeciaI rquIatioaJ impoIod u . rcIUll c11bo JIaIc 01 cmcqcocy. B. III Idditioo 10 Ibo daIaDl:IIlI awmcnlcd in IUbICCtioo. A, Ibo ntifiwim by !be City Couocll 01. Itate of CIDClJCOC)' abaII: 1. SIare Ibc dunlioa of time duriuc which Ibc atClI 10 dcaipatcd sbaII n:maia an c:merJC'.OC)' uta. 2. Authorize lpCCific ClIDOCJ:COC)' powcn for Cbo duratiora of tho CImCCICDC)' period .. ror1h ill Ibo dcc1antioa. PAGE l-RESOLUTIONRATIFYING DECLARATION OF EMERGENCYc.:(OI1I1SIaD..--<Icl.01'2) C I T Y o F ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (code 541) 482.3211 NOTICE OF SPECIAL MEETING January 8, 1997 Ashland City Council Ashland, OR 97520 Pursuant to the City Charter and Section 2,04, 110.c of the Ashland Municipal Code, a Special Meeting is called for Thursday, January 9, 1997, at 1 p,m., in the Civic Center Council Chambers, 1175 East Main Street, Ashland, OR The purpose of this meeting will be adoption of a resolution calling for a special election on flood restoration bonds and adoption of resolution declaring official intent to issue reimbursement bonds to reimburse expenditures incurred for flood damage. (p:flood\a:pocilll.mtg) SOSC-MEDIA CENTER Ct1~~ ..0 ClI;IIlIIIU.,..y ......,_ Tel ChllNlela 9, 30. !1 A Rbp Valley Community T.lcvblon _1'Yke 01\ Tel Cablevlolon in Jacbon County. Onson Po... BeIe&IltO Rvrv DIn""'r Joe Brett ~... Olndor Dr. Mali< CbU_t Aademk: CconlinAtor S...I AufdeJb.1de Public A=t... CconIlnator TIm Bewley Cable Commlnlon CMlr RVIV b a busln<.. pattnonhip _.... Th. City of AohIand. and Soutl.om Ongon S..... Colle&" 1883 N.lI_1 Community _1...lIona Award, Alii..... for Comnwnlly MedIa. Wllhlngton D.C, TEL:54l-552-6628 Jan 07 97 15:08 No.Oll P.Ol #- . Rogue Valley Community Television Southem Oregon State College JANAURV1, ]997 FOR IMMEDIATE RELEASE TO; Medford Mail Tribune and Ashland Daily Tidings KDRV TV, KOBI TV, KTVL TV FROM: Pete Belcastro RE: HOME VIDEO FLOOD PICTURES & ASIn..ANO TOWN HALL RVTV Channel 9 VVednesday, January 8, 7:00pm - 10:OOpm R VTV's Second Flood Damage Special Programs Rogue Valley Community Television, TCI Cable Channel 9, will present special flood-related programs ofinterest to Ashland and Rogue Valley residents. Beginning at 7:00pm, VVednesday, January 8, home videos ofthe Ashland New Year's Day flood will be show. Hosted and edited by R VTV's associat.e director Joe Brett, viewers will be treated to video pictures not seen before now. Numerous Ashland residents answered RVTVs request for home flood videotape for tonight's program. More than 20 people responded and videos includes scenes from the Ashlander Apartments, LithiaPark, Jackson Hot Springs, the Plaza, Phoenix and much more. Many of the home videomakers will appear on the program with their videos. No viewer caU-ins will be accepted until 8:30pm when Mayor Cathy Golden and City Administrator Brian Almquist return to update Ashland citizens on the repair and clean up taking place. They will take questions from 9-]Opm at 552-6898 with RVTV director Pete Belcastro hosting the program. These two programs will repeat on Thursday, January 9 from 7-]Opm on channel 9. Last Sunday RVTV's first flood programs was the largest audience in the community channel's seven year history. So many callers jammed the telephone line that it was difficult to get through. More than ] 00 calls were accepted. Videotapes can be purchased at 552-6395. RVlV.tSOSC 1210 alaklyou Blvd. Aohl8nd, OR 87120 RVTV PIIona Numllell: Dlr. (U') 162aes F.... (Ul) 112-"28 RVTV e.....1I add"..: rvlv@wPO.oooe.OIIhe.edu .. . ....'!I;Z1k~~~~ e_~___ .... -. - _.:;~~~ ((~ 0" .. - .---- .. -.------ .u~;;;;f2n . (/ .. 71::f -1-. d . - ... - ...- ---- ... ~~~~tt'~~~.. - - .den ..... 0 j -.-- -~ -~ ...__.._u_ ... .. ...~~~-fUU=-If-~..-- -.. .---&~-i::. ~- - CGa;;::J- ~ _~~-- ___h________f) cC~-(,o--.. ..'::J - ..0'=__u .,H____.U ----------.-, - , _.._{~--~_. .. '~~-~Q . --- ---.--~.--.---.- 6 -~--&--~~if--- __. ~...Q." .. ~_-L~~ ~~ .~~.~ ~-~~=_i=_llV..d~;J/z..' (rcZ/E 7/8-8... /321-__ -'_'~_ ! ~ - . - --i;..----.---.~. ..- -..-- -------.-~--.-- ----- i; .. - -- -.-- ------- --- - - " ._~.. .-- -~~- -. - - -- ---~- -- -_._~_..._-. -- --- -.- -- - ----.-----. - "---- ~f\{Cg - January 8, 1997 To The Mayor and City Council: The response of the city administration, staff and employees to the flood crisis has been absolutely outstanding. We sincerely appreciate the long hours and hard work it has taken to keep Ashland functioning. Hats off to all of you. Bob and Marjorie O'Harra ~,~ 1235 S. Tolman Rd. ~~ CITY OF ASHLAND MEMORANDUM Administration DATE: January 6, 1997 TO: Mayor Golden, Councilors Don Laws, Steve Hauck, and Brent Thompson FROM: Councilors Ken Hagen, Carole Wheeldon and Susan Reid. RE: Citizens' Budget Committee Nominees On Monday, January 6, 1997 we interviewed Norman Miller, Darrell Boldt, Alan DeBoer, Ken Maloney, Richard Nichols and James Moore. Nancy Tuggle and Un Mattson were not able to keep their appointments. Out of the six that we interviewed our choices were Richard Nichols and James Moore with Ken Maloney as the alternate. (---D(r''''j '--1= \.:bd,,_;"A~ - . , J;' i\CUA-... I - 7-c1f7 ~r Gold!\>- f ~/ I ~f ~ ~tk ~t tIt-l- ~.s l~IWTw~ ~ tf; . C::r;~L #SOfJOO U. v but, . v~ ~'1U /CYvL41.~ i5 I w isz. uS1L ~ "lJ)ur d" ~. ~ I da~+ w111 ~ "tt~+k!gVn/ ~~fj ~ -k-lkt:~ /etA $ 5~ ttf-: ~,lJM 1/ .~ Uf@/~ i If ~NL Me! tt~ ~ r~ ^ -ji:; fW.-1:e- A. bu5 v '[Dr -+&r-:e..U3 r w&JJd ~ -t; ~,ue5t- -/-tv[ 5UJ/J ~ iI-u-t W (j) ~ ~. (1kt r ~ k ~ bJvereJ _~/ N'~ ~ ct- ~vh~ e~ 7 7/.J.s ~ -~J ~ 4d:k. 11~ 'I I-Uou.h( rdfo'V' ~tLS L+ is-. r 1f~ F' r Pibt~ ~~ . ~-t- itS r'+ 1 r "r~l,,4-. k 'f-L- - s..~~11 ~ JE,-oWl0a.e-kev . c:, to lOt VWv~ Cr~L~a). ." J ASHLAND EMERGENCY OPERATIONS CENTER PRESS' RELEASE 97-27 TO: News Media FROM: Barbara Christensen, Public Information Officer RE: FLOOD CONDITIONS IN ASHLAND DATE: 01107/97 4:50 p.m. WATER TREATMENT PLANT: Worst part of our flooding crisis is over. The City water filtration plant is back on line and producing water. As water is being run throughout the system additional breaks are being found and repaired. Information regarding turning water service back on is going to be distributed by volunteers on leaflets. It is vitally important to reduce water consumption once water has been restored during the first few days after water is turned on. This is necessary because if everyone washes their dishes and laundry and begins showering, the system may be overwhelmed and could fail again. Estimated time for water service to back on is "less than a week". Flyers will be distributed with information on procedure when services are turned back on. SEWAGE TREATMENT PLANT: Crews are continuing to repair line break at sewage plant, repair could be completed by tomorrow. Public continues to be asked to use the chemical toilets distributed throughout the city when possible. If necessary, use "grey" water to flush. It has been reported that plastic sacks containing sewage are being dumped into the portable toilets. The public is being asked not to put plastic sacks containing sewage into the chemical toilets. It is also very important that when the sewage line goes back on-line that residents DO NOT FLUSH PRIVATE WASTE FROM CHEMICAL PORTA-POTS INTO THE SYSTEM (TOILETS), the reason for this, is that the chemicals in the porta-pots will damage the system at the wastewater treatment plant and could disable the plant. FEDERAL ASSISTANCE INFO: In order to apply for Federal funds to assist in the repair and clean up of flood related damage, the City of Ashland requests information on any damage or perceived damage to BUSINESS property. Please call and leave a brief description of damage at 857-8352 (24 hr. phone) or 488-5305 Ext. 42 (daytime phone). This information will be used for the sole purpose of determining the City's eligibility for federal assistance. Asbland Emergency Operations/l~ Rdease 97-21 1 .. j Ashland Community Food Store, in parlicipatiol~ with Valley of the Rogue Bank, has established the Ashland Community Flood Fund for LOCAL BUSINESSES, not general Oood victim relief. ACFS started the account with a $500 donation. VRB matched that contribution. Contributions to the Ashland Community Flood Fund can be made at Valley of the Rogue Bank. For more information contact Annie Hoy at 482-2237 RECYCLING CENTER: Will be open and back in operation on Wednesday. PLAZA: Plaza buildings continue to be assessed for safety and structural damage. Business owners from the north end building have contracted private contractors to make it possible to enter the building and remove debris. The contractors are working under the supervision and safety of City Building Inspector and Safety Personnel. Business owners from the south end of the buildings have been released to the owners and are no longer considered dangerous buildings. LITHIA PARK UPDATE: We had our first casualty this afternoon. The male swan was accidently run over and killed by a private contractor. It was pure accident and anyone who witnessed the accident will verify. FYI: It was the female swan that was replaced this last summer, the male swan has always had the tendency to wander. We all feel REAL BAD. TOILETS: Chemical toilets for public use are available: Ashland Community Food Store, 237 N. 1st Street Ashland High School, 201 S. Mountain Ashland Middle School, 100 Walker Ave. Briscoe Elementary Bellview Elementary, 1070 Tolman Crk Rd Bi-Mart, 2280 Hwy 66 Buy Rite Market, 1475 Siskiyou Blvd. Cantwell's Market, 310 Oak Street Lincoln Elementary, 320 Beach Ave. National Guard Armory Safeway Albertson's Walker Elementary, 364 Walker Ave. Helman Elementary HANDICAP TOILET FACILITIES: Welcome Center - 645 Washington Street Linda Vista Care Center - 135 Maple Safeway Dr. Roddin's Office - 246 Catalina Dr. Young's Office - 521 N Main Street Tips: Bring own toilet paper, if dark bring flash light and use own method of sanimtion (handi-wipes, etc.). With the colder evenings and mornings, please be aware that these areas may be a little slippery. Ashlnd Emergency Opcrationsll"rcss Release 97-27 2 ~., ~ WATER D1STRIHUTION CENTERS: Water.is available for distribution at the following areas: 24 hrs/day: I3risco'e Elementary, Laurel St. & N. Main St Safeway, 585 Siskiyou I3lvd. National Guard Armory, 1420 E. Main Shop N Kart (Ashland Street) 8am-8pm Emigrant Lake Campground You will need to bring your own container and are being asked to limit yourself to 5 gallons a day. SHELTERS: Medford Armory, 1701 S. Pacific Hwy (have food and cots) Blankets, clothing for flood victims cam be obtained at the following locations: Salvation Arm, 922 N Central Medford, 773-7335 Value Village, 850 Biddle Road (Old Lamonts Store), 770-6829 Serves, 601 N Grape, 779-8564 You will need to have voucher in order to obtain these itelIlS. Vouchers can be obtained by going to the Family Service Center at 1900 Greenwood Ave, Medford. For further information call 1-800-272-2684 CLEAN-UP KITS: People can obtain clean up kits at the Armory (clean up kit is: broom, mop, etc.) STREETS CLOSED: Plaza (between Granite/Winburn); Lithia Park; Siskiyou (Clay/Bellview); Granite (300-500 blocks); Hersey (Helman to Oak); Nevada St (Helman to Oak); Water Street (No. Main to Van Ness); Bridge Street between Lee/Iowa; Vista between Glenview to Fork Street is one lane only; Water Line Road is 4-wheel drive only. Some streets that are dry are still barricaded because bridges are unsafe. SHOWERS: Showers are available at the following: Monday-Friday 5am to lOpm Medford YMCA, 522 W. 6th at no charge, you Saturday 8am to 4pm will need to bring your own towels Sunday 12pm to 4pm Monday, January 6th 4pm to 9pm So. Medford High School, 815 S. Oakdale at no charge, you will need to bring your own towel and soap. South Mountain & Henry Streets. Showers available for $3.00 per person. (provided by Greyback Forestry) Everyday 7am to 7 pm HOSPITAL: It is reported that Ashland Community Hospital is fully operational. The emergency room of the hospital has not experienced an increase health concerns or issues. Everyone is encouraged to take normal precautions. Ashland EmCl1:cncy OpcrationslPre:!3 Rdcasc 97.27 3 ,. " SENIOR NEEDS: For cmcrgcncy scnior n~cq through thc weekcnd in obtaining wiltcr, pleasc call 482-5211. Thc Ashland Scnior Center will open on Monday from 8am-5pm for normal dclivcry of watcr to scniors. For delivery on Monday, call 488-5342. VOLUNTEERS: Sign up for volunteers, call 488-5304 during normal business hours. SCHOOLS/SOSC: Ashland Public Schools and Southern Oregon State College will be closed until January 13th due to the flooding. For further information, call 552-7672. CHILD CARE: Ashland YMCA is expanding their service and will be holding camp-type activities for all school-age children. For further information, call 482-9622. RVTV, channel 9 will have home flood videos, broadcast Wednesday, January 8th from 7pm to 8:30pm; Mayor Golden and City Administrator Brian Almquist will take calls and give update between 8;30pm and 9:30pm. THE NEXT UPDATED PRESS RELEASE WILL MADE BY 5PM ON WEDNESDAY, JANUARY 8, 1997. **There is a press conference scheduled at the Parks Shop parking lot with Ken Mickelson at 2pm Wednesday*** Flood condition information is also now available on the Internet http://www.ashland.oLus Ashland.Emergcncy O~rationslPrcss Rdease 97-27 4 "! C IT Y o F ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (code 541) 482-3211 NOTICE OF SPECIAL MEETING January 7, 1997 Ashland City Council Ashland, OR 97520 Pursuant to the City Charter and Section 2.04.110.c of the Ashland Municipal Code, a Special Meeting is called for Thursday, January 9, 1997, at 11 a.m., in the Civic Center Council Chambers, 1175 East Main Street, Ashland, OR. The purpose of this meeting will be adoption of a resolution calling for a special election on flood restoration bonds and adoption of resolution declaring official intent to issue reimbursement bonds to reimburse expenditures incurred for flood damage. lp:flood\speciat.mtgl RESOLUTION NO. 97- BEFORE THE CITY OF ASHLAND LOCAL CONTRACT REVIEW BOARD RESOLUTION EXEMPTING FROM COMPETITIVE BIDDING CERTAIN EMERGENCY CONTRACTS RELATED TO THE NEW YEAR'S DAY FLOOD, JANUARY 1, 1997. LCRB RESOLUTION Recital: AMC !i 2.50.040 permits the Ashland City Council sitting as the Local Contract Review Board to exempt contracts from competitive bidding if it finds emergency eonditions require prompt execution of the contract. The eouncil has ratified the determination made by the city administrator that an emergency exists due to major flooding in Ashland Creek and other drainage areas throughout the city, resulting in loss of operable water and sewer treatment plants, and threats of life, property, and the public health. The Board resolves that an exemption be granted as follows: Emergency Contracts In Response to New Year's Day Flood, 1997. Pursuant to AMC !i 2.50.040, the council sitting as the Local Contract Review Board, unanimously determines emergency conditions exist because of the 1997 New Year's Day Flood and these conditions require the following contracts to be promptly executed: 1. L TM Incorporated, P.O. Box 1145, Medford, Or 97501. Water Street area repair: realign waterline, replace sanitary sewer, reconnect sewer service lines, backfill washout area. 2. KOGAP Manufacturing Company, P.O. Box 1608, Medford, OR 97501. Clay Street area repair: remove and replace waterline, re-establish creek channel, rip-rap along pipeline; fill in washed out areas. 3. Burl Brim Excavation, Inc., 534 Crowson Road, Ashland, Oregon. Canyon Road repair: Repair two washout areas and remove debris from creek below water treatment plant. Install road culverts and creek bank reinforcement. Granite Street repair: Repair or replace 8" sanitary sewer line, 10" overflow line, 12" waterline; remove flood debris, fill washed out areas, armor creek banks. Winburn Way: storm and flood emergency work, removal of silt and debris. PAGE 1-LCRB EXEMPTION Ip,onlllcrilood.reo) 4. Quality Rock, P.O. Box 338, Ashland, OR 97520. Glenview Drive - F.S. 2060 Rd. bridge restoration; remove debris from creek, fill wash out areas and rip-rap upstream and downstream slopes. Granite Street bridge restoration; same as above. 5. Wayne Christian Corporation, 2021 Bullock Rd., Medford, OR 97501. Winburn Way: remove debris from creek channel; relocate creek around Winburn Bridge; remove debris and silt from bridge interior; install culvert. Wastewater Treatment Plant channel restoration: restore Ashland Creek at Bear Creek. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 duly PASSED and ADOPTED this day of January, 1997. Barbara Christensen, City Reeorder SIGNED and APPROVED this day of ,1997. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney PAGE 2-LCRB EXEMPTION Ip:ord\lcrflood.,eo' RESOLUTION NO. 97- A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, DECLARING OFFICIAL INTENT TO ISSUE REIMBURSEMENT BONDS TO REIMBURSE EXPENDITURES INCURRED FOR FLOOD DAMAGE RECITALS: A. The City of Ashland, Oregon, (the"City") expects to cause certain capital expenditures to be incurred for the restoration of city facilities damaged in the New Year's Day flood, 1997, including, but not limited to damage to the water treatment plant and transmission lines, damage to the wastewater treatment plant, transmission lines and storm drains and damage to public streets, bridges and utilities. B. The City intends to reimburse itself for such capital expenditures with the proceeds of borrowings ineurred by the City (the "Reimbursement Bonds"). C. United States Treasury Regulation 1.103-18 sets forth certain requirements that must be complied with in order for the proceeds of Reimbursement Bonds to qualify as an expenditure of bond proceeds. One such requirement is that on or before the date the expenditure that is being reimbursed is paid, the issuer of Reimbursement Bonds must declare a reasonable official intent to reimburse itself for the capital expenditure. THE MAYOR AND THE CITY OF ASHLAND RESOLVE AS FOLLOWS: SECTION 1. It is the reasonable intent of the City to reimburse the capital expenditure for the repair, restoration and rehabilitation of the city water treatment plant and transmission lines; the wastewater treatment plant, sewer mains and lines; storm drains, drainageways and lines; and public streets, bridges and utilities with the proceeds of Reimbursement Bonds in the principal amount estimated to be $_,000,000. This resolution was read by title only in accordance with Ashland Municipal Code ~ 2.04.090 duly PASSED and ADOPTED this day of January, 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,1997. Reviewed as to form: Catherine M. Golden, Mayor Paul Nolte, City Attorney PAGE 1-RESOLUTION (p:flood\roimbond.r..' . , RESOLUTION NO. 97- A RESOLUTION RATIFYING THE DECLARATION OF EMERGENCY MADE BY THE CITY ADMINISTRATOR AND ASSUMING ADDITIONAL EMERGENCY POWERS DURING THE EMERGENCY. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Administrator has determined that a state of emergency exists in the City of Ashland. We ratify that determination and adopt those statements made by the Administrator in his declaration which is attached to this resolution 1. SECTION 2. Additional specific emergency powers delegated to the Administrator or authorized for the duration of the emergency shall be: 1. Authority to request assistance from other public agencies. 2. Authority to determine the priority for restoration of water service. 3. Wrth concurrence of the Mayor, such other powers as are necessary for the public health safety and welfare. The foregoing resolution was READ and DULY ADOPTED at a special meeting of the City Council of the City of Ashland on the _ . day of January, 1997. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,199_. Catherine M. Golden, Mayor I AMCI2.62.0I0 Il<<:lmtionmd_ofcmerRCIICY. A. 1bcllcc:lmtionbylbcAllmiDiJ1nlorofa.....of"""'l"lC)'lhall: I. Slale lI1e natuto oflbo CUlClJCIIC)'. 2. Deai&nale 1bc ICClIraphicaI bouodaries ofll1e.... JUbj.ctl.lbc cmcrgCllC)''''''''. 3. -lIlY opeciaI rqulatiOllJ imposed .. . reauh ollbc Jlatc of e:mcqeocy. B. In additim to the ltatc:mcoll eoumcntod in subscctioo A. tbc ratificati<:m by the city Cculeil of . state of cmerg:cocy abaU: 1. State the duratioo of time durin& which the area 10 designated dWl rmWn an cmc:lKCIIC)' area. 2. Authori:m lpCCitic cmefJeacy powcn for lhc duration of the CUlCIJc:oey period let forth in tbo doclaratioo. PAGE 1-RESOLUTION RATIFYING DECLARATION OF ~ERGENCY(p:r.....""",-<Icl.Or2) DECLARATION OF STATE OF EMERGENCY As City Administrator for the City of Ashland I have determined that a state of emergency exists and therefor make the following declaration under the authority granted in Ashland Municipal Code Chapter 2.62': A. The nature of the emergency is: Major flooding in the Ashland Creek. Flooding and other drainage areas throughout the city, resulting in loss of operable water and sewer treatment plants, including access to same; and threats of life, property, and the public health. B. The geographical boundaries of the area subject to emergeney controls are: City limits of the City of Ashland, and the Ashland Creek f100dway up and including Reeder Reservoir. C. The duration of time the area above shall remain an emergency area is continuous until further notice is given. Special regulations imposed as a result of the state of emergency are: 1. Standard city procurement procedures are suspended. 2. A curfew is established in the Plaza Area and Winburn Way for the following hours during which all other than officially authorized personnel may be upon the public streets or other publie places: 5:00pm to 7:00am. 3. The number of persons who may gather or congregate upon any publie street, public place, or any outdoor place is limited to 25. 4. The following streets shall be barricaded and vehicular or pedestrian traffic is prohibited except for authorized police or emergency vehicles: 1. North Main from Church to Plaza. 2. Water Street from Plaza to Van Ness. 3. Winburn Way in its entirety. 4. Granite Street from end of pavement westerly. 5. Siskiyou Boulevard between Clay and Bellview. 6. Hersey (near Oak). 7. Van Ness (Water to Oak). 8. Nevada Street (Helman to Oak). 9. Water Street Bridge between Lee/Iowa. 10. Vista between Glenview/Fork. AMC 12.62.030 Citv Administrator re.moDsibilitv. The City Administrator is reapoosible (or implcmc:otatioo of the Emergc:ocy Manl&ement Plan. When the Administrator deIcro1ioeI that . ltate of emeIIC:OCY exists, the Administrator ahall make . declaratioo to that effect and request tho Mayor to call . special meeting of the Cooneil in order to ratify the doelaratioo. of emergency. AMC' 2.62.040 Ikdantioo and ratification of emet1!c:ocv. A. The declaration by the Administrator of. state of c:meraeoey shall: t. State the nature o/'!be """lCDC)'. 2. IJWgna10 !be1"'l<>phic.tJ bouodariu o/'Ihe.,.. subjcd lD!be """ICDC)' _. 3. SIale!be _ o/'timo durina wbkh!be area 10 deaipatcd aball ra:nain an c:mctICDCy area. 3. Stale any special rquJatiooa i:mpoacd u . result of the state of c:merzcocy. 4. Stale any special rqulations imposed u . reault of the stale of CIDClJency . 5. Persons shall be evacuated from the following areas: 1. Plaza buildings between Uthia Park and N. Main. 6. The sale, carrying, or possession of any weapons or explosives of any kind on public streets, public places, or any outdoor place except for public safety officers is prohibited. 7. Commercial activity in the following areas is suspended until further notice: 1. Plaza buildings abutting Calle Guanajuato. 8. Water shall be turned off in the following areas: 1. All areas of the city. Electricity shall be turned off in the following areas: 1. Plaza buildings abutting Calle Guanajuato. 9. The following additional measures are ordered as being necessary for the protection of life or property, or for the recovery from the emergency2: 1. Traffic diversions as authorized by the Chief of Police or his designee. 2. Additional evacuations as authorized by the Chief of Police or his designee. Dated this 31st day of December, 1996, at the time of 10:00 pm. (p:f~\omer-dcl.Clf"' I I.... 2 In addition to this open-ended author1ty, AMC S 2.62.060(11) authorizes the administrator: "To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means, the use, sale or distribution of food, fuel, clothing and other commodities, materials, goods and services." 3 _ 2.62.Q3() of1llc lDUDic:ipaI code r<quiJm 1Ilc City A_. aile< dccIIriD& . ..... of """"'<DO)', 10 _ _1Ilc Moyo< 10 ca1I . spcciol """"'& oflhe c.....n in order 10 lIIili' lbc "'1onIWo of """"'<DO)'.