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HomeMy WebLinkAbout1992-0901 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 rise and after you have been recognized by the Chair, give your 0 name and address. The Chair will then allow you to speak and also 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 le who wish to be heard, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL SEPTEMBER 1, 1992 I. PLEDGE OF ALLEGIANCE: 7: 30 P.M. , Civic Center Council Chambers II. ROLL CALL III. APPROVAL OF MINUTES: Regular Meeting of August 18, 1992. IV. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's Proclamation of League of Women Voters Week in Ashland. 2. Oral report by Water Quality Superintendent on status of water supply. V. CONSENT AGENDA: 1. Minutes of Boards, Commissions & Committees. 2. Monthly Departmental Reports - August 1992 . 3. City Administrator's Monthly Report for August 1992 (available at meeting) . 4 . Memo from Fire Chief regarding Ashland Fire Dept. involvement at East Evans Creek Fire. VI. UNFINISHED BUSINESS: 1. Discussion with John Holroyd, Brown & Caldwell, regarding sewage treatment plant options. 2. Review with BPA of design considerations for proposed substation on property located East of Mountain Ave. , adjacent to SPRR right-of-way. VII. NEW & MISCELLANEOUS BUSINESS: 1. Appeal from a decision of the Dir. of Public Works, denying additional water allocation for Tolman Creek Mobile Park. 2 . Report by City Administrator on arrangements for interim management of Ashland Municipal Airport. 3. Staff report and recommendation regarding proposed modifications made by City Council on August 18 to uses permitted in the E-1 and C-1 zones. 4. Request by Steve Morgan for sewer service outside the city limits, North of Wimer Street and West of Thornton Way. VIII. PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to 3 min. per speaker and a total of 15 minutes) IX. ORDINANCES. RESOLUTIONS & CONTRACTS: 1/ Second reading by title only of an ordinance modifying the Downtown Parking District by amending A.M.C. Section 11.30.010. t2. Renewal of Regional Hazardous Materials Contract. 13. Mutual/Automatic Aid agreement between agencies in Jackson/Josephine Counties. X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL AUGUST 18, 1992 CALL TO ORDER: Mayor Golden called the meeting to order and led the Pledge of Allegiance at 7: 30 P.M. on the above date in the Council Chambers. Laws, Reid, Williams, Acklin, Winthrop, and Arnold were present. APPROVAL OF MINUTES: The minutes of the Adjourned Meeting of July 30, 1992 , and Regular Meeting of August 4, 1992 were accepted as presented. CONSENT AGENDA: Acklin moved to accept same as follows: 1) Minutes of Boards, Commissions 6 Committees; 2) Monthly Departmental Reports; 3) Memo from Fire Chief concerning Phase II of Ashland Watershed closure; 4) Approval of special tax assessment for historic property at 243 Fourth St. (Peerless Rooms) ; 5) Request by Roberta Foxley to cut newly-paved street at 317 Maple St. ; 6) Request from Historic Commission to hold public hearing on October 6, 1992 to consider the addition of four properties to the Heritage Landmarks List. Arnold seconded and the motion carried on voice vote. PUBLIC HEARING: C-1/E-1 Land Use Ordinance Amendments (Continued) . Associate Planner John McLaughlin noted information contained in the packet and reviewed the changes as requested by Council at the August 4 meeting. Winthrop noted that the wording of Section 18.32 . 030 A. should be deleted as it has been included under 18.32 .020--Permitted Uses. The public hearing was opened and Bill Emerson, 90 Fifth St. , said Section 18.40.020 E. should include wording to require screening; K, L, and M of that section should be permitted uses; regarding Sec. 18.40.030 A. l. , that exhaust fans are required by law; Sec. 18.40.040 K. should address location of exhaust fans rather than building location; uses listed in 18.40.040 D. are not feasible in historic interest areas, except fuel sales. He also feels that zero setbacks are not appropriate for residential zones. Alvina Brinson, 328 Glenn St. , told of her research concerning volatile compound emissions. Lenny Friedman, Pyramid Juice, asked that food manufacturing be a permitted use in E-1 zones. Joanne Haddad, 175 Helman St. , said uses listed in 18.40.040 H, I, and J, should remain conditional to allow for neighborhood input. The public hearing was closed. Reid said hotel/motel uses should remain conditional, Section 18.32 .025 D. deleted and the last part of Sec. 18.32. 030 D. deleted. Laws moved to: keep hotels/motels as conditional uses and Winthrop seconded. The motion passed on roll call vote with Acklin and Williams voting NO. Winthrop moved to request staff to prepare revisions as follows: Sec. 18. 32.030 A. and 18.40. 040 A. to read "Electrical substations". Sec. 18.40. 040 D. to read "Automobile fuel sales" and remainder of sentence in a new Sec. 18.40. 040 E. , except excluding from Historic Interest Areas. Sec. 18.40. 020 K, L, and M, moved to Sec. 18.40. 030. No second, but general concensus. Discussion will reconvene at the next meeting. Regular Meeting - Ashland City Council - August 18, 1992 - P. 1 UNFINISHED BUSINESS: Wastewater Treatment Plant Options. City Administrator Almquist gave a brief background of the issue and requested that Council not make a decision until September 1 due to a 90-day extension request to DEQ which will probably be granted. Council agreed. Ron Roth, Eagle Mill Farms, is concerned about water rights of downstream irrigators. Evan Archerd, Eagle Mill Road, supports connection to Medford and use of present plant site as open space. Ron Henry, V.P. of Operations for Bear Creek Orchards, is also concerned about flows in the creek. Carl Oates, 776 Glendale, submitted a statement for the record in support of settling ponds. Acklin asked that Staff and Brown & Caldwell prepare a response as to why settling ponds won't work in Ashland. Sam Stovall, 1015 Ashland, Pres. of Rogue Flyfishers, asked that discussions remain open and fish in stream be considered. No further discussion. NEW & MISCELLANEOUS BUSINESS: Water Status Report. A memo from Public Works Dir. Hall was read and Water Quality Superintendent Barnts said TID will shut off on August 27 and consumption is 26% below 1991. R.V.T.D. Grant. A memo from Councilor Laws was read concerning RVTD's application to O.D.O.T. for a demonstration project grant for reduced bus fares. He recommends funding the project with $20, 000 alternative transportation projects funds, and guaranteeing the College's portion from the repaving fund. Arnold expressed concern about postponing handicap access projects. Laws moved to request the RVTD Board to refuse the ODOT grant and charge .25 cents bus fare, proceed with bike rack projects, and use remainder of alternative transportation funds toward underwriting the reduced bus fare project. Winthrop seconded, all AYES on voice vote. PUBLIC FORUM: Liquor License. Jack Wasenius asked for approval of a liquor license for Georgio's which has been approved by the .Police Dept. Arnold moved placement on agenda, Reid seconded, all AYES. Arnold moved approval, Reid seconded, all AYES on voice vote: Substation site. Robert Hodgins, 165 Timberlake Dr. , said his mother owns the property of the proposed site. Reid moved to place the issue on the agenda, Arnold seconded, all AYES on voice vote. Hodgins spoke of the close proximity to residences and his plans to develop part of the property for affordable housing. On a question from Acklin, he said he has submitted his comments to BPA. Reid asked that this. be placed on the next agenda, and Acklin said information should be made available in the newspaper. Winthrop moved to extend the meeting for one-half hour, Reid seconded, all AYES on voice vote. Reid moved to place on the next agenda, Winthrop seconded, all YES on roll call vote. Beverly Hodgins said she has protested consideration of this site from the beginning. Dan Thomas is developing property on Fordyce and is opposed to using this site. ORDINANCES, RESOLUTIONS & CONTRACTS: Special Vehicle Permits. Second reading by title only of ordinance amending A.M.C. Chapter 6.28 concerning tour buses and special vehicle permits. Laws moved adoption, Williams seconded, motion passed unanimously on roll call vote. (Ord. 2681) Regular Meeting - Ashland City Council - August 18, 1992 - P. 2 Ring Annexation. Second reading by title only of ordinance withdrawing recently annexed real property from Jackson County Fire Dist. No. 5. Acklin moved adoption, Arnold seconded, all YES on roll call vote. (Ord. 2682) Ring Annexation. Second reading by title only of ordinance rezoning annexed property from Jackson Co. RR-5 to City of Ashland E-1. Arnold moved adoption, Williams seconded, all YES on roll call vote. (Ord. 2683) Downtown Parking District. A memo was read from DPAC requesting that the newly-constructed parking lots on Lithia Way, Pioneer St. , and Second St. be included in the Downtown Parking District ban for employees/employers. First reading of an ordinance amending Sec. 11.30. 010 of the A.M.C. Reid feels it is discrimination. Arnold moved to second reading, Acklin seconded and the motion' passed on roll call vote with Reid voting NO. Drainage Easement. A resolution was read relinquishing a drainage easement by quitclaim deed to Dale/Medinger/Coulton for Poplar Place Subdivision. Arnold moved adoption, Williams seconded, all YES on roll call vote. (Reso. 92-45) Sanitary Sewer Easement. A resolution was read relinquishing a sanitary sewer easement by quitclaim deed to Watson/Albertson's- /Payless. Laws moved adoption, Arnold seconded, all YES on roll call vote. (Reso. 92-46) Hydroelectric Project Contract. A resolution was read exempting turbine and speed increaser modifications to rehabilitate the hydro plat from competitive bidding. Winthrop moved adoption, Arnold seconded, all YES on roll call vote. (Reso. 92-47) Clerical/Technical Employees Contract. Ratification of a two-year extension with IBEW Local 659 representing this employee group. Arnold moved approval, Winthrop seconded, all YES on roll call vote. OTHER BUSINESS FROM COUNCIL MEMBERS: None. ADJOURNMENT: The meeting adjourned at 11: 30 P.M. Nan E. Franklin Catherine M. Golden City Recorder Mayor Regular Meeting - Ashland City Council - August 18, 1992 - ,P. 3 ......I.I.....;..I!.I; ... .... ... 75. 14 ... ..... .... 1M. ..,�_". ......... ......... V A I At Prorhunattlan WHEREAS, the League of Women Voters has 110, 000 members in fifty state groups and 1, 250 local groups; and ilufflb WHEREAS, members promote political responsibility of citizens by providing information and active participation in local, state, and national issues; and g WHEREAS, the League of Women Voters National Voter Registration Drive is Sept. 12 - 19 ; and 5f'';},)' WHEREAS, the League will be actively promoting voter registration and distributing information on candidates and issues; and WHEREAS, it continues to preserve its non-partisanship policy; and WHEREAS, the League will sponsor local debates between candidates this fall; and ..4l WHEREAS, the League of Women Voters invites all citizens to participate in the local. forums, make informed decisions, and vote. A Now, therefore, I, Catherine Golden, Mayor of the City of Ashland, Oregon, proclaim the week of September 12 - 19, 1992, as: "LEAGUE OF WOMEN VOTERS WEEK IN ASHLANDIN py and urge all citizens to register, be informed, and Vote. , m Dated this 1st day of September, 1992. yh_ _P Catherine Golde n, Mayor '_M V (11 W7 Nan E. Franklin City Recorder 0;?A Knp� M2. & WEfi ao%F ASHLAND COMMUNITY HOSPITAL BOARD OF TRUSTEES July 28, 1992 The regular monthly meeting of .the Board of Trustees of .Ashland Community Hospital was held at 12:15 on Tuesday, July 28, 1992, in the conference room. PRESENT: Steve Lunt, Madeline Hill, Mary O'Kief, Dick Nichols, Judy Uherbelau, Tom Reid, Bruce Johnson, M.D. ; Frank Billovits, and Beth Monninger, Trustees. Pat Acklin, City Council Representative, and Jerome Nitzberg, Medical Staff Representative. Also Present: Jed Meese, Foundation President; James R. Watson, Administrator; Polly Arnold, Director of Patient Services; Mike McGraw, Controller; Peggy Cockrell, Director of Personnel; Pat Flannery, Director of Development; and Glenda Cole, Administrative Assistant. I. CALL TO ORDER Mr. Lunt called the meeting to order at 12:15 and welcomed everyone. II. MINUTES Mr. Lunt called for a review of the minutes of the Strategic Planning Committee meeting of April 10, 1992; the Executive Committee meeting of June 16, 1992; and the Board of Trustees meeting of June 23, 1992. Following review, Mr. Nichols made the motion to approve the minutes as circulated. Mr. Billovits seconded the motion and the motion carried. III. COMMITTEE REPORTS - I A. Strategic Planning: Mr. Lunt reported that the Strategic Planning Committee met on July 10, 1992. He stated that Mr. Watson gave a detailed update on the Level I Priorities. Mr. Watson reviewed other issues that are becoming more important to the future of the hospital. Following discussion, the Committee approved adding the following to Level I Priorities: 1) - Physician/Hospital Organization (MSO); 2) Hospital Networking; and 3) SOSC School of Nursing. IV. DECISION ITEMS A. Board Executive: Mr. Watson asked that the Board Executive Committee meeting be rescheduled for August 13th at 0730 due to vacations. This change was approved. B. Networking Meeting: Mr. Watson stated that a study session with John Mitchell, RVMC, has been scheduled for Wednesday, August 12th at 7 pm. Meeting approved. Board of Trustees July 26, 1992 Page 2 C. June Expenditures: Mr. Reid stated that he had reviewed the expenditures, found everything in order, and made the motion to approve. Mr. Nichols seconded the motion and the motion carried. V. EXECUTIVE SESSION Mr. Billovits made the motion to move into Executive Session pursuant to ORS 192.660, 1. D. (e) and (d). Ms. O'Kief seconded the motion and the motion carried. Ms. Hill made the motion to move out of Executive Session. Ms. O'Kief seconded the motion and the motion carried. Mr. Reid made the motion to request Mr. Watson to prepare a market analysis and business plan on the property discussed in Executive Session and to schedule a study session on Monday, August 24th at 7 pm to discuss these items. Ms. Hill seconded the motion and the motion carried. VI. MEDICAL STAFF REPORT Dr. Nitzberg stated that everything is going well with the medical staff and there are no credentials or other issues to report. VII. DISCUSSION ITEMS . A. Ashland Health Coalition: Mr. Watson stated that we have received a letter from Peg Crowley, Director of the Health Clinics, stating the approximate dollars needed to continue services. . Following discussion, it was the consensus that we would like to support the continuance of the clinic and the manner will be determined at a later date after more information is received. B. Strategic Planning Update: Mr. Watson stated that the updated list of Strategic Planning priorities was included in the Board packets. He reviewed the strategies that were added to Level 1. Ms. Acklin emphasized the importance of educating the Mayor and members of - City Council to the important issues regarding the hospital. Following discussion, it was approved that we will begin to educate the Mayor and City Council members by meeting with them in small groups. C. Hospital Expansion: Mr. Watson stated that due to the increase number of surgeries, we are converting the delivery room into a surgical suite. We will be inviting BEE to come back. to talk with medical staff and managers in September. D. Picnic-in-the-Park: Mr. Watson stated that the annual Board/Medical Staff/City Council Picnic-in-the-Park has been scheduled for October 7th. Board of Trustees July 28, 1992 Page 3 VIII. QUALITY ASSURANCE/IMPROVEMENT REPORT Mr: Watson stated that the Quality Assurance\Improvement Committee met on July 7, 1992, and that all issues are being handled appropriately. There are no issues to be brought before the Trustees. IX. ADMINISTRATOR'S REPORT A. Foundation: Mr. Flannery stated that the Foundation held a public meeting regarding the retirement center. He felt that it was a very successful meeting. He distributed a summary of Patron participation by specified groups. The Foundation's goal is 250 Patrons this year. At the present time there are 181 Patrons. He encouraged everyone who has not participated to please do so. B. Personnel: Ms. Cockrell.stated that she is recruiting a director for respiratory therapy as Ms. Barrett is taking a leave of absence to go to Guam for a year. We have 12 applications for this position thus far. She stated that the employees are very pleased with the benefit package. This package has helped in the recruitment of personnel. Marketing Committee will meet on Thursday, September 10th. Ashland Highschool sports physicals will be Friday, August 7th. C. Financial: Mr. McGraw stated that we are in the final stages of our annual audit. We did very well financially in the last fiscal year. Financial Statements will be available in October. D. Nursing: Ms. Arnold stated that we are continuing to see an increase in surgeries. Approximately 150 more this last 6 months compared to last year. X. ADJOURNMENT There being no further business, motion was made, seconded, and carried to adjourn the meeting at 2:15pm. Respectfully submitted: APPROVED: Richard A. Nichols Secretary Stephen B. Lunt, Chairman ASHLAND HISTORIC COMMISSION Minutes August 5, 1992 CALL TO ORDER The meeting was called to order by Vice-Chairperson Terry Skibby at 7:40 p.m. Members present were Terry Skibby, Le Hook, Jean MacKenzie, Dana Johnson, Jane Dancer and Deane Bradshaw. Also present were Assistant Planner Kristen Cochran and Secretary Sonja Akerman. Members Jim Lewis, Keith Chambers and Steve Ennis were absent. APPROVAL OF MINUTES Johnson moved and Dancer seconded to approve the Minutes of the July 8, 1992 meeting as mailed. The motion was unanimously passed. STAFF REPORTS Cochran stated PA 92-088 has been called up for a public hearing; therefore, it will be heard during the September meeting. PA 92-093 Conditional Use Permit and Variance 366 "B" Street Steve and Doreen Johnson Cochran stated the applicants are applying to locate a traveller's accommodation on a vacant lot. The structure that had previously occupied the lot had burned a couple years ago. The Variance is required because the applicants' new structure will not be the required 20 years old. She went on to say Staff is concerned with three issues. The first is that a new structure will be built on a vacant lot. A single family residence is a permitted use; a B & B is not a permitted use. The second issue is that this application cannot meet the 20 year requirement. This criteria was added last year, with the intent new hotels are not built in residential neighborhoods. The third issue is the design. In Staffs opinion, the design of the house is an imitation of an old design which will utilize new materials. Although the applicants have put in a lot of time and money into this application, Staff is recommending denial because it does not meet the criteria. It will be heard by the full Planning Commission and Historic Commission feedback is necessary. Johnson stated the Review Board encouraged the design and she feels the house will fit well into the neighborhood. Doreen Johnson said this was the first she had heard about not wanting an old looking structure. She wants to live in the Railroad District and wants the new structure to look somewhat historic. She feels her proposal, including the design, will fit into the community. She also said she made a painstaking effort to design a house that was not modem. She wanted it to fit in and still preserve the historic integrity of the neighborhood. She went on to say when people put together regulations, it is to have an end purpose, and the end purpose is to protect and preserve the neighborhood. Steve Johnson stated imitation was the furthest thing from their minds. In fact, they hired an architect and went to a lot of work to not make an imitation and were careful to not make the design ornate. He also went to the neighbors and showed them the plans. There were no negative comments. Cochran stated Staff is mostly concerned with what happened farther down 'B" Street with the Craftsman house that ended up overpowering the entire street. Steve Johnson said they are willing to work 100% with the Historic Commission and will make any necessary modifications. Bradshaw commented the style of the house is fine and will fit into the neighborhood. In her personal opinion, the Johnsons would not let the house overwhelm the neighborhood, as they have already been to the Review Board numerous times. She also feels the 20 year rule is a good one, but each case needs to be discussed individually. The Railroad District would get a nice looking house with a family, and this would make a major contribution to the community. Skibby said he does not feel the design is an imitation. Johnson commended the Johnson for the work they have put in to this project. She felt they have been very honest and have worked with the Commission. The whole concept is a positive one for Ashland. Hook also commended the Johnson and stated he likes the design. He said there is a hole on the block now. He disagreed with Staffs interpretation of the guidelines regarding imitation. He did, however, have a problem with the scale. It looks like it will be 15 feet higher than the two houses on either side. Some flexibility with the 20 year rule is needed. Bill Emerson (who was in the audience for another matter),interjected a truncated hip roof would bring down the height (the Johnson agreed) and also acknowledged the design was nice. Skibby remarked the fire left a void on the block and feels the proposal would be an asset. He then questioned if a portion of the fire damaged house was saved, could it have been rebuilt and would it have met the criteria. Cochran stated it would have met the criteria. Ashland Historic Commission Minutes August 5, 1992 Page 2 Skibby also felt it was not a duplication of any existing house, then stated he would like to see a scale of the block which would include the proposed house. Dancer stated the design is a style of architecture, not an imitation. Also, the structure will primarily be a residence; the B & B is secondary. Bradshaw said the intent for the 20 year rule is good, but that it does not necessarily apply here. The applicants want to build a nice house and the only way they can do it is to get some money in return. Because of this, she feels the Johnson's property rights will be preserved. Otherwise, they would have to build something less. Johnson added the neighbors back this proposal and have signed in support. Skibby said this is not self imposed because of the fire and the owner at the time was required to demolish what was left because it was a hazard. He agreed the 20 year rule is important, but felt the criteria has been met. After discussion, the Commission agreed there should be no question the Conditional Use Permit criteria had been met by the applicants. Cochran clarified Staff's interpretation of property rights, stating a single family residence would be allowed outright on the lot, so property rights are not in jeopardy. It is an allowed use, not one that is only permitted conditionally. Although seemingly more difficult to meet, it was also agreed the criteria for a Variance have been met: 1. The applicants have made a good case for this. 2. As far as property rights are concerned, the Johnsons would like to build a nice house that will fit into the neighborhood. In order to afford this, they need to get some money back. The best way they can do this is to build a traveller's accommodation. The applicants' property rights will be preserved because they can build a nice house. 3. The design fits right in with the neighborhood; it will fill a hole that was left from the demolition of the fire damaged house; and the neighbors which would be most directly impacted, have signed in support. 4. The circumstances have not been self-imposed because it is under different ownership than when the fire occurred. Hook moved to recommend approval of this application to the Planning Commission on the grounds that all the criteria has been met, and that the 20 year requirement be waived in this case. MacKenzie seconded the motion and it passed with a unanimous vote. Ashland Historic Commission Minutes August 5, 1992 Page 3 PA 92-095 Site Review 482 Iowa Street Roanne Lyall Cochran stated this application is for the construction of six multi-family units in two buildings (four units in one, and two in the other). The existing house will be remodeled and expanded. Parking will be off the alley and in a parking area. Bill Emerson, who was representing Roanne Lyall, presented elevations. The units, he clarified, will be flats (two on top and two on the bottom), because of the slope of the property. He said he has not had a chance to work on the existing house yet, but verified he will work with the Commission on that. Cochran explained the Commission should look at the Site Review for the concept, and that the actual building permits will come back to the Review Board for approval. She also declared the alley will be required to be paved because of its steepness and drainage (a portion has already been paved). In answer to Skibby's questions on existing trees, Emerson explained one of the smaller trees may be lost, but every effort will be made to maintain the larger ones. Hook asserted his position on alley paving, which he will recommend against every time until the Council resolves this issue, even though this is one case that probably warrants paving. Emerson continued to say the landscaping has been designed with drought resistant plants. The owner will live in the existing house once it has been remodeled and enlarged. Composition shingles will be used on the roof. He was unsure what the siding will be (it is currently sided with aluminum). The fireplace will be removed, and the windows will be replaced (without grids), probably with single or double hung. He also added he is recommending square posts and not wrought iron on the front porch. When Hook questioned Emerson about saving the tree in the alley if it were paved, he answered he felt it could. Skibby said he agrees with Hook regarding the alley, and is concerned about the trees. Also the existing house design should be as original as possible. The earliest siding should be restored if feasible, and vinyl or aluminum should not be used. Hook moved to recommend approval of the proposal with the following conditions: 1) alley not be paved until such time as comprehensive plan for all alleys in the City be addressed Ashland Historic Commission Minutes August 5, 1992 Page 4 by the Council (but have owner sign in favor of improvements); 2) any addition to the existing house would have horizontal siding (not vinyl or aluminum); 3) the owner trust Emerson's judgement on windows; and 4) the two large trees be saved and any other existing ones if possible. Dancer seconded the motion and it was unanimously passed. PUBLIC HEARING ASHLAND HERITAGE LANDMARKS LIST 550 East Main Street 568 East Main Street 586 East Main Street 598 East Main Street No one was present in the audience regarding this hearing. It was noted a letter had been received requesting deletion of 598 East Main Street from the list. The Commission felt, however, not enough evidence was submitted to warrant deletion. Bradshaw moved and Hook seconded to recommend Council add the four properties to the Ashland Heritage Landmarks List. The motion was unanimously passed. PA 92-089 Conditional Use Permit 128 Manzanita Street Bill and Henriette Brecheisen Cochran explained there are two existing structures on the property. The smaller one was built for the owner's office/shop space. Since it does not currently meet the habitable square footage requirement, an area behind the carport will be blocked off for extra storage space and garage. It will be necessary for the owners to sign an agreement stating that area will never be used as habitable space. A Minor Land Partition is not possible since there is not enough square footage. Hook said one of the positive aspects is that it increases affordable rentals. Johnson questioned the deed restriction. Cochran said it will go with the property. Bradshaw moved to recommend approval of this application with the qualifying factor the extra square footage be converted into garage space, and follow through with the deed restriction. Johnson seconded the motion and it passed unanimously. Ashland Historic Commission Minutes August 5, 1992 Page 5 BUILDING PERMITS Permits reviewed by members of the Historic Commission and issued during the month of July follow: 477 Fairview Street Joe Marinez Deck 63 Bush Street Robbin Foster Remodel/Addition 266 N. Second Street Roger Funk Shop 267 Eighth Street Kenneth McCulloh Addition 79 Nutley Street Ralph Crumme Dormer 121 Union Street Gerald Sessions Addition/Remodel 574 East Main Street Bob Burton Roof Alteration 228 "B" Street John Ferguson Demolish Roof 180 Alida Street Bryce Johnson Addition/Remodel 1023 East Main Street Bob and Diane Ellis Porch Reconstruction 264-C East Main Street Kate's Casuals Sign 42 East Main Street Red's Threads Sign 41 North Main Street Players Sign 45 North Main Street Deli LaFrance Sign 115 East Main Street Trapeze Sign 300 North Pioneer Street Town Hall Sign 163 East Main Street Ashland Camera Sign Review Board Following is the schedule (until the next meeting) for the Review Board, which meets every Thursday from 3:00 to 3:30 p.m. in the Planning Department: August 6 Skibby and Dancer August 13 Skibby, Hook and Johnson August 20 Skibby, MacKenzie, Hook and Johnson August 27 Skibby, MacKenzie and Dancer OLD BUSINESS Goals 1. SAVE THE GRANITE STREET FOUNTAIN. Continue to work toward saving the fountain or replacing it with the one in storage. Ashland Historic Commission Minutes August 5, 1992 Page 6 2. REGISTER STATUS PAMPHLET. Explanation of the National Register, what to expect from being placed on it, questions and answers, etc. Also, an explanation of special assessment would be helpful. 3. CLEANING OF FOUNTAIN AT LIBRARY. Research cleaning agents (talk with Jeffrey Bernard), talk with City crews regarding regularly scheduled cleanings, find out if funding is available, obtain regular water for fountain. 4. SELF GUIDED WALKING TOUR Develop a pamphlet with maps and descriptions of structures for self guided tours, similar to park guide. Research grant possibilities. 5. ASHLAND CEMETERY. Research possibility of National Register status, photograph headstones, secure headstones, document by looking at information on each headstone, find out if school class would be interested. The above goals were approved at the Goal Setting/Orientation dinner. National Register information will be solicited from SHPO in order to begin the brochure. MacKenzie informed the Commission she had met with Jeffrey Bernard regarding the fountain at the library. He can clean the entire fountain for $200 (plus the rent of the scaffolding). He also recommended it be kept cleaned. They both felt a bronze placque should be placed where there is a hole where the Lithia water plumbing was once located. MacKenzie has also contacted Gerald Fowler, who was the plumber for the Perozzi Fountain. He will submit a bid for one basin and one fountain. Bernard and MacKenzie both agree a floodlight should be put in, especially since the wiring is already there. A letter was received from Kay Atwood, who would like the opportunity to prepare a nomination for the Ashland Cemetery. The Commission was excited about the letter and will invite her to the September meeting. Skibby and Bradshaw will be working on the walking tour brochure. There was nothing new to present on the Granite Street fountain or the loss of rental housing in the Historic District. NEW BUSINESS Special Assessment With a motion by Bradshaw and second by MacKenzie, it was the unanimous decision of the Commission to recommend special assessment be approved for the Peerless Rooms at 243 Fourth Street. Ashland Historic Commission if Minutes August 5, 1992 Page 7 Mark Antonv A copy of a letter written to Dennis Slattery about the copper marquee was received from SHPO. Cochran stated she had talked with Mr. Slattery, who will come in to speak with the Commission. He wants to do things right. Skibby will find photos of the Mark Antony around the time it was accepted to the National Register. Media Dancer discussed recent articles that have appeared in the newspapers. She felt the interpretation of the Historic Commission was not accurate, and that they implied the Commission was not impartial. It was decided personal and Commission view need to be made more clear. Lewis will be the spokesperson for the Commission on most matters. Skibby will be the spokesperson for matters regarding the Railroad Park. ADJOURNMENT It was the unanimous decision of the Commission to adjourn the meeting at 10:05 p.m. Ashland Historic Commission Minutes August 5, 1992 Page 8 CITY OF ASHLAND PARKS AND RECREATION COMMISSION RE7GLIZ.AR MF'1+=r I NG M I1ViITES July 21, 1992 Chair Adams called the meeting to order at 7:00 p.m. at 340 S. Pioneer Street. ATTENDANCE: Present: Patricia Adams, Al Alsing, Wes Reynolds, Ken Mickelsen. Absent: Tom Pyle, Teri Coppedge I. ADDITIONS OR DELETIONS TO THE AGENDA None II. APPROVAL OF MINUTES A. Regular Meeting - June 22 1992 Commissioner Reynolds indicated that the section of the minutes discussing the salary negotiations for 1992-93 was not complete. He indicated that a note should be made that the Commission was still gathering information and considering the possibility of authorizing a personal leave day as part of the benefit package. Commissioner Reynolds made a motion to adopt the minutes of the June 22, 1992 meeting as corrected. Commissioner Alsing seconded. The vote was: 3 yes - 0 no III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Alsing made a motion to approve the previous month's disbursements as indicated by Payables checks 116475 - 116625 in the amount of $115,024.71 and Payroll check 1!5408 - 115504 in the amount of $35,805.01. Commissioner Reynolds seconded. The vote was: 3 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA None V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Report on reservoir and creek The Commissioners reviewed a letter from the Jackson County Health and Human Services Department concerning the water quality testing being performed on the reservoir area and Ashland Creek. At this time both the reservoir and the creek have been posted warning against public contact because fecal coliform levels are above state standards for human contact. Ashland Parks and Recreation Commission Page 2 Regular Meeting - July 21, 1992 Report on reservoir and creek - continued Director Mickelsen said that the water level in the reservoir is now very low and will probably drop further as the summer continues. Commissioner Alsing indicated that he had spoken recently with Steve Hall , Director of Public Works, concerning water levels within the pond and Public Works ' current practices about how the pond is used within the system. The opinion expressed was that until there is a good water year to dilute the level of bacteria in the creek that there is probably not a real solution to the problem. Director Mickelsen reported that the reservoir area is not open to public use although "no swimming" signs are posted. Commissioners asked that department staff and Park Patrol keep a general count of how many people are using the area. As to progress on the plans to improve the area, Superintendent Gies said that additional picnic tables and trash cans have been added as well as a portable toilet. Work on plantings will wait until fall, a better time for planting and when water is not so critical. B. Park emblems The Commissioners reviewed samples of different color schemes for the emblem which the Commission had previously selected. By consensus, the Commissioners chose the colors including the dark green swan. Superintendent Gies indicated that he believed that the company would produce a final product if the Commissioners would like to see that prior to committing to the design. Commissioners decided that they would like to see a final product before committing to the design. VII. NEW BUSINESS None VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT Director Mickelsen simply reported that the parks, especially Hunter Park, has been very active with Big Al 's Tennis Tournament, the Little League District Tournament, and record days at the Meyer Pool due to the hot weather. IX. ITEMS FROM COMMISSIONERS Commissioner Reynolds inquired as to progress at the recycling site. Superintendent Gies reported that the sidewalk is about finished and that the fencing materials should arrive soon. Commissioner Adams inquired as to how things were progressing with the Tayler Trust concerning the upper reservoir project. Director Mickelsen said that all the information which the board had requested had been sent and that the board's lawyer was working with the City Attorney on liability and a hold harmless agreement concerning the items in question. Ashland Parks and Recreation Commission Page 3 Regular Meeting - July 21, 1992 ITEMS FROM COMMISSIONERS - continued Commissioner Adams indicated that she would be speaking to the League of Women Voters committee on Open Space Funding regarding the Commission's reasoning behind its support of a prepared food and beverage tax as the best choice for funding. She indicated that advocates for other sources of funding had spoken to the committee and felt that the prepared food and beverage tax also needed to be heard more completely. Commissioner Reynolds suggested that the Commission seek a clearer estimate on the cost of the four parcels of land which will most likely be focused on for purchase in the near future. He said that he felt passing a funding measure would be more likely if it could be shown that the dollars being sought through funding reasonably matched that which would be needed. After some discussion, the Commission asked Director Mickelsen to write a proposal outlining a very modified appraisal for the four parcels and to seek a cost estimate on having that kind of modified appraisal done. X. ADJOURN TO EXECUTIVE SESSION - Land Acquisition XI. RECONVENE TO REGULAR SESSION XII. NEXT MONTH'S AGENDA The next Regular Meeting was set for Tuesday, August 25, 1992. XIII. ADJOURNMENT With no further business, Chair Adams adjourned the meeting. Respectfully submitted, Ann Benedict, Management Assistant Ashland Parks and Recreation Department Monthly Building Activity Report: 07/92 Page 1 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Building: ADDITION 132, 204 DECK 12, 300 DEMOLISH HOUSE EXTENSION 0 DEMOLISH ROOF 0 DORMER 2, 000 DORMER WINDOW ADDITION 3 , 800 FENCE 3 , 270 GARAGE 15, 120 GAS FURNACE INSTALLATION 3 , 355 GAS FURNACE/GAS LINE 2 , 779, GAS WATER HEATER 680 INTERIOR REMODEL 4 , 500 _ MOBILE HOME INSTALLATION 1 52 , 320 MOVE H2O HEATER/GREASE TR 950 POOL 10, 300 PORCH 15, 000 REMODEL 58, 450 REMODEL & ADDITION 281, 722 REPLACE POSTS AND BEAMS 2 , 500 ROOF ALTERATION 1, 000 SFR 6 546, 689 SHOP 4, 500 STEPS 1, 450 Subtotal: $ 1, 154, 889 Electrical: ELECTRIC 16, 035 TEMP POWER POLE 30 Subtotal: $ 16, 065 Mechanical: a COMPRESSOR 1,500 ENTRY VOIDING 9207053 -5, 853 ENTRY VOIDING 9270261 -1, 500 GAS LINE 350 GAS LINE & FURNACE 5, 100 GAS LINE AND HEATER 1, 000 GFAU VENT 1,500 Monthly Building Activity Report: 07/92 Page 2 # Units Value SINGLE/MULTI-FAMILY & TOURIST ACCOMODATIONS: Mechanical: GFAU/AIR CONDITIONER 4, 100 HEAT PUMP & AIR COND 5,853 VENT WATER HTR/GAS STOVE 1, 600 VOIDED ON 07/31/92 7, 353 WOODSTOVE 1,200 Subtotal: $ 22,203 Plumbing: IRRIGATION 2 ,600 REPLACE SINK 0 SEWER AND WATER 21000 _ SEWER LINE 700 SINK, WASHER, WATER LINE 500 WATER HEATER 75 WATER LINE 350 Subtotal: $ 6,225 ***Total: $ 1, 199,382 COMMERCIAL: Building: DECK 6,500 FENCE 750 INTERIOR REMODEL 4,800 REMODEL 5,835 TENANT IMPROVEMENT 52 ,000 Subtotal: $ 69,885 Electrical: ELECTRIC 4 ,400 Subtotal: $ 4,400 Mechanical: GAS FURNACE AND AC 7,420 GAS LINE 1, 000 Monthly Building Activity Report: 07/92 Page 3 # Units Value COMMERCIAL: Mechanical: Subtotal: $ 8 , 420 Plumbing: SPRINKLER SYSTEM 1,500 Subtotal: $ 1,500 ***Total: $ 84 ,205 ------------------------ Total this month: 91 $ 1, 283 ,587 Total this month last year: 117 $ 3 ,400, 082 Total year to date: 91 $ 1, 283 ,587 Total last year: 117 $ 3 ,400,082 This month This month This year last year Total Fees: 20,893 32 , 083 20,893 Total Inspections: 451 354 451 NEW CONSTRUCTION: 7/92 RESIDENTIAL PAGE NO. 1' 08/13/92 ADDRESS #UNITS CONTRACTOR VALUATION ** GARAGE 590 GRANDVIEW DR TURRELL, JON CONSTRUCTION 15120. 00 ** Subtotal ** 15120. 00 ** SFR 243 WIGHTMAN ST N MEDINGER CONST. CO. INC. 104191.20 719 OAK ST OWNER 61354 . 65 2785 DIANE ST PACIFIC-WEST COAST 84036. 00 CONSTRUCTION 1115 BARRINGTON PL NUNES, FRANK 125000. 00 35 WIGHTMAN ST NEW DIMENSION BUILDERS 89827.80 39 WIGHTMAN ST NEW DIMENSION BUILDERS 82280. 10 ** Subtotal ** 546689 . 75 ** SHOP 266 SECOND ST N OWNER 4500. 00 ** Subtotal ** 4500. 00 *** Total *** 566309 . 75 NEW CONSTRUCTION: 7/92 COMMERCIAL PAGE NO. 1 08/13/92 ADDRESS #UNITS CONTRACTOR VALUATION ** ** Subtotal ** 0. 00 *** Total *** 0. 00 ASHLAND FIRE DEPARTMENT -MEMORANDUM August 24, 1992 TO Mayor" Cathy Golden and City Council FROM Keith E. Woodley. Fire Chief SUBJECT Ashland Fire Department Involvement At East Evans Creek Fire ' I wanted to share with you some interesting information regarding the involvement of our Ashland Firefighters at the East Evans Creek Fire of August 3 , 1992. I feel it is important to closely study and evaluate major fires occuring within the States of Oregon and California, to better prepare ourselves for local occurences. We had nineteen of our firefighters who worked shifts at the East Evans Creek Fire, while maintaining minimum staffing within the City of Ashland. Our involvement came as a result of the enactment of the State Conflagration Act, which provides for the procurement and payment for outside fire suppression resources. We have submitted a bill for services to the State of Oregon in the amount of $14, 641.85, which will reimburse the City for human resource and equipment committed at the fire. These charges are financed out of the State Fire ' Suppression Fund, which is partially supported by the fire patrol . assessment of the Oregon Department of Forestry and cost recovery from responsible parties. Attached please find a summary of resources committed to this conflagration. EAST EVANS CREEK FIRE SUMMARY DATE F I RE STARTED z August 3, 1992 @ 3:00 pm C A U S E O F F I R E: Human Caused TOTAL S I ZE = 10,135 Acres SUMMARY: 8-3-92 PM 750 Acres 8-4-92 AM 2000 Acres 8-4-92 PM 4145 Acres 8-5-92 AM 4971 Acres 8-5-92 PM 8615 Acres 8-6-92 AM 9595 Acres 8-6-92 PM 10,060 Acres 8-7-92 AM 10,060 Acres 8-7-92 PM 10,135 Acres CONFLAGRAT I ON I NVOKED z August 3 @ 7:35 pm STRUCTURAL DEMOS I L I Z AT I ON = August 7 @ 7:00 pm ESTIMATED CONTA I NMENT z August 10, 1992 EST I MATED CONTROL = August 16, 1992 TOTAL F I REF I GHTERS z 2,445 6 Air TarrkC-- 1� Het icop"ters 36 SuIL IL cl cm,zers 25C? Er-%cJirtiess TOTAL W I L D LA ND F I REF I G,H T E R S z 2100 STRUCTURAL DEPARTMENT F�A R T I C IF=AT I ON z 87 Fire Departments from 10 counties in Oregon 120 Pieces of fire apparatus 345. Firefighters I NJ U R I E S T O STRUCTURAL F= I REF= I G HTER S None M I LES OF= F= IRE L I NE CONSTRUCTED = 27.65 NUMSE R OF= HOMES EVACUATED = 360 STRUCTURAL LOS S ES/SAVES z 4 Homes, 1 Barn, 4-5 Outbuildings lost 297 Structures immediately threatened 500 Structures potentially threatened HOMES LOST "TO F I RE n WARDS CREEK: 1 House & Outbuildings Valued at $44,000. BOYD CREEK: 1 Horse Barn Valued at $13,000. SARDINE CREEK: 3 Homes & Outbuildings Valued at #301,000. TOTAL V A L-U E O F HOMES LOST e $358,000. H O M E S S A V E D E3 V F I R E F I C3 HT E R S o Directly Threatened by Fire: 297 Homes Valued at $15 Million Potentially Threatened by Fire: 500 Homes Valued at $25 Million T O TA L- V A LlJ E O F HOMES S A V E D $40 MILLION E S T I M AT E D C O S T S O F S U P P R E S S I O N WILDLAND: $7 Million STRUCTURAL PROTECTION: $1.2 Million (Local - $375,000) C O O P E R A T O R S Oregon Department of Forestry Office of the State Fire Marshal Oregon State Police Structural Firefighting Detachments f6 m Jackson, Josephine, Douglas, Lane, Marion, Polk, Yamhill , Klamath, & Coos Counties Jackson County Sheriff Rogue River Police Bureau of Land Management Jackson County Search & Rescue Jackson County Public Works Department American Red Cross Civil Air Patrol Cadets Rogue Valley Ham Radio Operators City of Rogue River G H R O NO L C3 13')r The fire started Monday afternoon and quickly spread through trees, dense brush, logging slash, and felled timber. Firefighters estimated the fire raced at 800 acres per hour.Evacuation of homes began at 5:50 pm. Jackson County Sheriffs deputies directed the evacuees toward Red Cross centers in Rogue River and Gold Hill . Once the Conflagration Act was invoked, State Fire Marshal Everett Hall dispatched structural firefighting resources. Continual attack by aerial retardant bombers, helicopters, bulldozers, fire engines, and firefighters finally stopped the spreading flames. LAND O W N E R S Bureau of Land Management: 4, 177 Acres Medford Corporation: 1,160 Acres Boise Cascade: 1,148 Acres Other: 3,575 Acres EST I MATED VALUE OF T I FIBER SAVED Z$20 Mil lion aipe farm 9� &h Cvvk orUduaC 100 ` Ve Mill. &Rd„ JA4ht md,(9,9 9,752o ez &Cyok— Gj h �Lt Cr I 1 4At) (Cast 1/�v}r 114t4c� ro k, O h d afi4e.(-S' 0-�- T��y�S� / /- i cah oL 1, INI -) h" �Ovn,�r ��►iLn l CGtibC� l rho? if PJ pig M�e r y�,r��e �-r ��i S5 7 �v U CO/v, n /T� /!� /QreS��°� G1�4JGQlih o h lAe . f4 f s Pt r wod / —f 19 Ph ge- 611ei 0- 1 Qa✓� m� Yh �yy S �� �t8�- 3 '19 co � cQrv►�vJv y oFasti o Memorandum � OREGO August 25, 1992 SO: Honorable Mayor & City Council ram: Brian L. Almquist, City Administrator �ubject: Interim Management of Airport Over the past several months, the Ashland Airport Commission has been soliciting proposals from potential Fixed Base Operators (FBOs) for the management of Ashland Municipal Airport. The minimum standards established by the Commission for rent, fuel flowage fees and other flight service operations were set to permit the airport to operate on a break-even basis, while providing a full range of services to the flying public. Unfortunately, although nearly 40 information packets were requested by potential FBOs, only one proposal was received which met the minimum standards and one "hybrid" proposal. After interviewing both applicants, the Airport Commission voted to reject both applicants and call for new proposals. The Commission did meet with me subsequently and agree to allow me to negotiate with the one proposer for a one- year contract, but his offer was subsequently withdrawn. On August 31, our contract with the current FBO expired, and the Commission chooses not to renew or extend his lease, and thus we will need to provide staffing until new proposals can be solicited or an alternate long-term arrangement can be made. I have secured the services of Mr. Greg Reeser to provide interim management of the Airport. Mr. Reeser is a charter pilot and is familiar with the Ashland Airport. He is also willing to work on a month-to-month basis until the Airport Commission develops its long- term plan of action. It is also our intent to hire a part-time person who is currently working at the Airport, so that we can provide . coverage 7 days per week from 8 a.m. to 5 p.m. Attached is a copy of the agreement which I have signed with Mr. Reeser which, is effective September 1. There are some budgetary implications, in that out-of-pocket expenditures will exceed revenues by about $500 per month, as follows: REVENUES (Annual) Hangar rentals @100% $25,8001 Tiedowns @100% 6, 4801 Fuel Profit @. 50 27 , 500' SOS Hangars @20% 3 ,950 Misc. (Pop, Freight, etc. ) 1 . 270 Total $65, 000, or $5440/mo. EXPENDITURES (Monthly) Operations: Advertising & Promotions 200 Licenses & Permits 30 Septic Service 30 Utilities 475 Telephone 30 Janitorial 150 AP & RC 420 Insurance 140 Other Maint. 210 Garbage Pickup 12 Office Supplies 35 Subtotal 1,732/mo. Labor: Interim Manager 1,872 Helper 629 Subtotal 2 ,501/mo.3 Debt Service: 1, 667 mo. Total $5,900/mo. Footnotes: 1. Under old FBO lease we received 80% 2 . Under old FBO lease we received $. 05/gal. 3. Including mandatory fringe benefits. The above plan does. not' take into account the interdepartmental charges for Central Services of $8, 000. I will be meeting with the Airport Commission and Mr. Reeser at their regular meeting on September 2 to further redefine our interim goals and expectations for the operation, and will keep you advised of any. new developments. Attachment (1) (d:\pu\airport\reeserag.Mw) EMPLOYMENT AGREEMENT THIS AGREEMENT, entered into this _ day of 1992 , by and between the CITY OF ASHLAND, a municipal corporation of the State of Oregon, hereinafter called "City", and GREGORY C. REESER, hereinafter called "Reeser", both of whom understand as follows: RECITALS City desires to employ the services of Reeser as. Interim Airport Manager for the Ashland Municipal Airport; and Reeser desires to accept employment as Interim Airport Manager; and It is the intent of both parties that the airport shall be operated in a user-friendly environment, with helpful, efficient service as its highest priority. AGREEMENT 1. General. City hereby engages Reeser as Interim Airport Manager, and to perform the following functions and duties: a. To manage the airport so that staffing is available from 8: 00 A.M. to 5: 00 P.M. , seven (7) days per week. b. To check fuel quantities daily and order the necessary fuel supplies so that fuel is available at all times, and to collect and transmit to the City on a weekly basis, all revenue and charge slips for aircraft fuel and oil. c. To collect and transmit to the City on a weekly basis, all overnight tiedown fees, freight handlers fees, maintenance hanger rental fees, and miscellaneous revenues. To collect and transmit to the City on a monthly basis, all monthly tiedown fees = and monthly hangar rental fees. d. To manage the front office, including monitoring and operating the Unicom radio for airport advisories. e. To keep a record of airport activities and complaints and monitor the overall safety of operations. f. Answer inquiries from the public and report problems to the City. g. To refuel aircraft on demand, including oil check and windshield cleaning for all customers. h. Maintain fueling area and apron for spills, weeds, etc. i. Maintain the fuel shack in an orderly manner, including a stock of oil, rags, windshield cleaner, fire extinguisher, etc. j . Maintain the maintenance hangar, office area and restrooms in a clean and an orderly manner. Monitor and arrange for septic pumping in a timely manner. Agreement - P. 1 k. To the extent possible, promote the use of the airport through fly-ins and special events. 1. To monitor hangars and report vacancies to the City. M. To maintain and manage a schedule for the Administrative Annex Room, and to collect and transmit room rental fees. n. To prepare fuel and safety reports as required by the State of Oregon and City of Ashland. o. To maintain and manage a schedule for maintenance hangar use, and to monitor subcontractors for proper licensing, and safe and orderly operations. p. To attend Airport Commission meetings as requested. 2 . City Responsibilities. City hereby agrees to perform the following functions: a. To pay for necessary inventories of fuel, oil, and pilot convenience supplies offered for sale. b. To pay all utility, telephone and garbage service costs. C. To maintain the landscaping, parking lot, and other paved areas. d. To compensate Reeser on a bi-weekly basis, including the payment of all mandatory fringe benefits. e. To reimburse Reeser for any reasonable out-of-pocket expenses incurred for the benefit of the Airport, including mileage for the use of his personal automobile on airport business. f. To provide a once weekly janitorial service to thoroughly clean restrooms and public areas. 3 . Compensation. City agrees to pay Reeser at the rate of $1, 500.00 per month as compensation for the above-mentioned services. The intent is to provide a 40 hour workweek, Wednesday through Sunday, inclusive. If Reeser chooses to utilize City paid part-time personnel to cover part of those 40 hours, Reeser's compensation shall be reduced so that the gross payroll for all positions does not exceed a monthly average of $2 ,500.00, including mandatory fringe benefits. However in no event shall Reeser reduce his hours to less than 120 hours in a 30 day period. Part-time personnel may be employed to provide staffing on Mondays and Tuesdays and as necessary to fill in for Reeser. 4. Reporting. The Director of Public Works shall be kept informed on a weekly basis concerning airport operations, and shall approve in advance all expenditures in excess of $25. 00. All subleases or agreements regarding flight instruction, aircraft rentals, air charter operation, aircraft services (e.g. washing, painting, etc. ) etc. , shall be approved by the Director of Public Works. Agreement - P. 2 V y' 5. At will employment. Nothing in this agreement shall be construed to establish a relationship with Reeser other than employment terminable at will by the City. Reeser agrees to give the City thirty (30) days notice of his intention to resign. Dated this _ day of 1992. Brian L. Almquist City Administrator Accepted this _ day of , 1992 . Gregory C. Reeser Approved as to form: Paul Nolte City Attorney Agreement - P. 3 (d:\brianW sc\airport.Agr) _ ASHLAND PLANNING DEPARTMENT STAFF REPORT Addendum V September 1, 1992 PLANNING ACTION: 92-033 APPLICANT: City of Ashland ORDINANCE REFERENCE: 18.32 C-1 Retail Commercial District 18.40 E-1 Employment District 18.108 Procedures - Type III Procedure REQUEST: Complete replacement and revision of the C-1 (18.32) and E-1 (38.40) chapters of the Land Use Ordinance I. Relevant Facts 1) Background - History of Application: Hopefully, this is the final draft of this ordinance. Included are the final changes made at the August 18, 1992 City Council meeting. These revisions have been included in the revised draft (marked at the bottom as RPM"-— 2) Detailed Description of the Proposal: All changes have been made in accord with the desires of the Council at the last meeting. The only change which has not been fully reviewed involves that for Food Manufacturing in the E-1 zone. Staff has proposed the following wording: 18.40.030 Special Permitted Uses G. Manufacture of food products, but not including the rendering of fats or Oils. For any manufacture of food products within 200'of a residential zone: 1. All odors associated with the use shall be confined to the structure, to the greatest extent feasible. PA92-033 Addendum V Ashland Planning Department -- Staff Report City of Ashland September 1, 1992 Page 1 2 Mechanical equipment shall be located away from residential zones to the greatest extent feasible, and shall be fully screened and buffered. 3. Noise emanating from mechanical equipment not located within a structure shall be muffled to the greatest extent feasible and such noise shall be diverted away from residential zones to the greatest extent feasible. It is our opinion that the above changes adequately address the concerns raised during the hearing process. II. Conclusions and Recommendations Staff recommends approval of the ordinances as submitted. PA92-033 Addendum V Ashland Planning Department — Staff Report City of Ashland September 1, 1992 Page 2 Chapter 18.32 C-1 RETAIL COMMERCIAL DISTRICT Sections: 18.32.010 Purpose. 18.32.020 Permitted"Uses. 18.32.025 Special Permitted Uses. 18.32.030 Conditional Uses. 18.32.040 General Regulations. 18.32.050 "D" Downtown Overlay District. 18.32.010 Purpose This district is designed to stabilize, improve and protect the characteristics of those areas providing commercial commodities and services. 18.32.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services. C. Eating, drinking, entertainment and dancing establishments. D. Theaters, but not including a drive-in. E. Manufacture or assembly of items sold in a permitted use, provided such manufacturing or assembly occupies 600 square feet or less, and is contiguous to the permitted retail outlet. F. Mortuaries and crematoriums G. Printing, publishing, lithography, xerography, copy centers. H. Temporary tree sales, from November 1 to January 1. I. Public and quasi-public utility and service buildings, and public parking lots, but excluding'electrical substations. StaftDaft — C-1/E-1 Zone Code September 1, 1992 Page 3 18.32.025 Special Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section and the requirements of Chapter 18.72, Site Design and Use Standards. A. Commercial laundry, cleaning and dyeing establishments. 1. All odors associated with the use shall be confined to the structure. 2. The use shall comply with all requirements of the Oregon Department of Environmental Quality. B. Bowling alleys, auditoriums, skating rinks, and miniature golf courses. If parking areas are located within 200' of a residential zone, they shall be shielded from residences by a fence or solid vegetative screen a minimum of 4' in height. C. Automobile fuel sales, and automobile and truck repair facilities. .These uses may only be located in the Freeway Overlay District as shown on the official zoning map. D. Residential uses 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential, hotel and motel uses. 2. Residential densities shall not exceed 30 dwelling units per acre in the C-1 District, and 60 dwelling units per acre in the C-1-D District. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the underlying C-1 or C-1-D District. 4. Off-street parking shall not be required for residential uses in the C- 1-D District. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. E. Drive-up uses as defined and regulated as follows: Staftaft 8 — C-1/E-1 Zone Code September 1, 1992 Page 4 1. Drive-up uses may be approved in the C-1 District only. 2. Drive-up uses are prohibited in Ashland's Historic Interest Area as defined in the Comprehensive Plan. 3. Drive-up uses may only be allowed in the C-1 districts east of a line drawn perpendicular to Ashland Street, at the intersection of Ashland Street and Siskiyou Boulevard. 4. Drive-up uses are subject to the following criteria: a: The average waiting time in line for each vehicle shall not exceed five minutes. Failure to maintain this average waiting time may be grounds for revocation of the approval. b. All facilities providing drive-up service shall provide at least two designated parking spaces immediately beyond the service window or provide other satisfactory methods to allow customers requiring excessive waiting time to receive service while parked. C. A means of egress for vehicular customers who wish to leave the waiting line shall be provided. d. The grade of the stacking area to the drive-up shall either be flat or downhill to eliminate excessive fuel consumption and exhaust during the wait in line. e. The drive-up shall be designed to provide as much natural ventilation as possible to eliminate the buildup of exhaust gases. L Sufficient stacking area shall be provided to ensure that public rights-of-way are not obstructed. g. The sound level of communications systems shall not exceed 55 decibels at the property line and shall otherwise comply with the Ashland Municipal Code regarding sound levels. h. The number of drive-up uses shall not exceed the 12 in existence on July 1, 1984. Drive-up uses may be transferred to another location in accord with all requirements of this section. The number of drive-up window stalls shall not exceed 1 per location, even if the transferred use had greater than one stall. Safff 8 — C-1/E-1 Zone Code September 1, 1992 Page 5 r 18.32.030 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Automobile fuel sales, and automobile and truck repair facilities, except as allowed as a special permitted use in 18.32.025. C. New and used car sales, boat, trailer, and recreational vehicles sales and storage areas, except within the Historic Interest Area as defined in the Comprehensive Plan. D. Hotels and motels. E. Temporary uses. F. Outdoor storage of commodities associated with a permitted, special permitted or conditional use. G. Hostels, provided that the facility be subject to an annual Type I review for at least the first three years, after which time the Planning Commission may approve, under a Type II procedure, a permanent permit for the facility. H. Building material sales yards, but not including concrete or asphalt batch or mixing plants. I. Churches or similar religious institutions. 18.32.040 General Regulations. A. Area, Width, Yard Requirements. There shall be no minimum lot area, _ width, coverage, front yard, side yard, or rear yard, except as required under the Off-Street Parking and Solar Access Chapters; where required or increased for conditional uses; where required by the Site Review Chapter or where abutting a residential zone, where such setback shall be maintained at ten feet per story for side and rear yards. B. Maximum Building Height. No structure shall be greater than 40 feet in height. 18.32.050 "D" Downtown Overlay District. A. In all areas within the "D" Downtown Overlay District, all uses are not required to provide off-street parking or loading areas, except for hotel, motel, or Sta#f> fty8 — C-1/E-1 Zone Code September 1, 1992 Page 6 hostel uses. All parking areas provided shall comply with the Off-Street Parking chapter and the Site Review chapter. B. Structures which are greater than 40 feet in height, but less than 55 feet, may be permitted as a conditional use. C. The solar access setback does not apply in the "D" Overlay district. taaft> — C-1/E-1 Zone Code September 1, 1992 Page 7 Land Use Chapter 18.40 Chapter 18.40 E-1 EMPLOYMENT DISTRICT Sections: 18.40.010 Purpose. 18.40.020 Permitted Uses. 18.40.030 Special Permitted Uses. 18.40.040 Conditional Uses. 18.40.050 General Regulations. 18.40.010 Purpose. The district is designed to provide for a variety of uses such.as office, retail, or manufacturing in an aesthetic environment and having a minimal impact on surrounding uses. 18.40.020 Permitted Uses. The following uses and their accessory uses are permitted outright, subject to the requirements of Chapter 18.72, Site Design and Use Standards: A. Professional, financial, and business and medical offices, and personal service establishments. B. Stores, shops and offices supplying commodities or performing services, except that retail uses shall be limited to no greater than 20,000 sq. ft. of gross leasable floor space per lot. C. Eating, drinking, entertainment and dancing establishments. D. Electrical, furniture, plumbing shop, printing, publishing, lithography or upholstery. E. Ught manufacturing, assembly, fabricating, or packaging of products from previously prepared materials, such as cloth, plastic, wood (not including saw, planing, or lumber mills or molding plants), paper, cotton, precious or semi- precious metals or stone. F. Manufacture of electric, electronic, or optical instruments and devices. G. Administrative or research establishments. 5tat draft> — C-1/E-1 Zone Code September 1, 1992 Page 8 Land Use Chapter 18.40 H. Motion picture, television, or radio broadcasting studios operating at an established or fixed location. I. Mortuaries and crematoriums. I Building material sales yards, but not including concrete or asphalt batch or mixing plants. K. Kennels and veterinary clinics, with all animals housed within structures. L Bakeries M. Public and quasi-public utility and service buildings and yards, structures, and public parking lots, but excluding electrical substations. N. Manufacture of pharmaceuticals and similar items. 8.40 030 Special Permitted Uses. The following uses and their accessory uses are permitted outright subject to the requirements of this section, including all requirements of 18.72, Site Design and Use Standards. A. Bottling plants, cleaning and dyeing establishments, laundries and creameries. 1. All odors associated with the use shall be confined to the stru-cwe. 2. The use shall comply with all requirements of the Oregon Department of Environmental Quality. B. Wholesale storage and distribution establishments. Provided, however, that for the uses specified in subsection A and B above, no deliveries or shipments shall be made from 9pm to lam where the property on which the use is located is within 200 feet of any residential zone. C. Recycling depots, provided the use is not located within 200' of a residential zone. D. Kennels and veterinary clinics where animals are housed outside, provided the use is not-located within 200' of a residential zone. E. Residential uses. fy$..taft j — C-1 JE-1 Zone Code September 1, 1992 Page 9 Land Use Chapter 18.40 1. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot area if there are multiple buildings shall be designated for permitted or special permitted uses, excluding residential, hotel and motel uses. 2. Residential densities shall not exceed 15 dwelling units per acre. 3. Residential uses shall be subject to the same setback, landscaping, and design standards as for permitted uses in the E-1 District. 4. Residential uses shall only be located in those areas indicated as R- Overlay within the E-1.District, and shown on the official zoning map. 5. If the number of residential units exceeds 10, then at least 10% of the residential units shall be affordable for moderate income persons in accord with the standards established by resolution of the Ashland City Council through procedures contained in the resolution. The number of units required to be affordable shall be rounded down to the nearest whole unit. F. Cabinet, carpentry, machine, and heating shops, .if such uses are located greater than 200' from the nearest residential zone. G. Manufacture of food products, but not including the rendering of fats or oils. For any manufacture of food products within 200' of a residential zone: 1. All odors ass ociated with the use shall be confined to the structure, to the greatest extent feasible. p = 2. Mechanical equipment shall be located away from residential zones to the greatest extent feasible, and shall be fully screened and buffered. 3. Noise emanating from mechanical equipment not located within a structure shall be muffled to the greatest extent feasible and such noise shall be diverted away from residential zones to the greatest extent feasible. H. Cold Storage Plants, if such uses are located greater than 200' from the nearest residential zone. Staff Dian 8 — G1/E-1 Zone Code September 1, 1992 Page 10 Land Use Chapter 18.40 I. Automobile and truck repair facilities, excluding auto body repair and paint shops. All cars and trucks associated with the use must be screened from view from the public right-of-way by a total sight obscuring fence. Facilities of 3 bays or larger shall not be located within 200' of a residential zone. 18.40.040 Conditional Uses. The following uses and their accessory uses are permitted when authorized in accordance with the chapter on Conditional Use Permits: A. Electrical substations. B. Mini-warehouses and similar storage areas. C. Contractor equipment storage yards or storage and rental of equipment commonly used by a contractor. D. Automobile fuel sales. E. New and used-car sales, boat, trailer and recreational vehicles sales and storage areas, provided that the use is not located within the Historic Interest Area as defined in the Comprehensive Plan. F. Hotels and motels. G. Any use which involves outside storage of merchandise, raw materials, or other material associated with the primary use on the site. H. Private college, trade school, technical school, or similar school. I. Cabinet, carpentry, machine, and heating shops, if such uses are located less than or equal to 200' from the nearest residential zone. J. Cold storage plants, if such uses are located less than or equal to 200' from the nearest residential zone. K Automotive body repair and painting, including paint booths. Gj 1. The use shall not be located within 200' of the nearest residentially pp zoned property. 2. All odors associated with the use shall be confined to the structure, to the greatest extent feasible. Staff Drafk,8 — C-1/E-1 Zone Code September 1, 1992 Page 11 Land Use Chapter 18.40 3. The use shall comply with all requirements of the Oregon Department of Environmental Quality. L. Churches and similar religious institutions. 18.40.050 General Regulations. A. There shall be no area or width requirement except as may be required.for conditional uses. B. There shall be no yard requirement except when a lot or parcel adjoins a residential district, in which case a side and rear yard of at least ten feet-per story shall be required, and except as required in the Site Review and Solar Access chapters. C. No structure shall be greater than 40 feet in height. D. There shall be no manufacturing, retailing, or other activity on the site which is not entirely conducted within a building, except as specifically permitted in Section 18.40.040. Staff" ' f#8 — C-1/E-1 Zone Code September 1, 1992 Page 12 • , Of Al Pmorandum ORE00� 27 August 1992 'T a: Mayor, City Council, Brian Almquist ,TIT James H. Olson, Acting Public Works Director im U�IjEtt: Sewer Service to Property Located outside the Ci y Limits Mr. Steve Morgan, on behalf of Don and Judith Ryals, has requested a connection to the City sewer system for the property located on Tax Lot 39-lE-5CA, 1001. The property does not qualify for standard septic installations. The property is within the urban growth boundary and is located adjacent to Pape . Street which is also outside the City Limits. The property may or may not be contiguous to . the City Limits depending upon which interpretation the Council wishes to adhere to regarding the status of street rights-of-way which border the City Limits. All other requirements of Section 14.08.030 can be met. Attached are correspondence and maps of the area showing the lot and adjacent properties and rights-of-ways. Sewer service could be made at the intersection of Wimer St. and Thornton way, a distance of approximately 550 feet. rysis.m= kluu MORGAN CONSTRUCTION August 26, 1992 City of Ashland Council City Hall Ashland, Or 97520 Re: Sewer Service to 39-1E-5CA, Tax Lot 1001 Dear Council Members, On behalf of my clients, Don and Judith Ryals, the owners of the above-referenced property, I am making formal request for connection to the City of Ashland sewer system to serve the home to be constructed on the property. In the course of planning the building of the home we excavated test holes on the site, as required by the Jackson County Health Department since the lot is located in the County. Upon inspection of this digging by their inspector, Mr. . Dick Florey, we were informed that the site did not qualify for an onsite septic system and it was suggested that we contact the City of Ashland as to the availability of sewer service (please see attached letter) . We understand that should you approve the connection we will be required to execute a notarized "Consent to Annexation", agree to and execute a restrictive covenant as to subdividing the property, acquire the proper permits and pay such permit . and system development fees and pay the sewer connection fee.' Thankyou for your consideration in reviewing this matter and we look forward to your earliest convenient action. Sice e , S eve Morgan Enclosures cc: Don and Judith Ryals 446A&A. rN LUUSi'Rllc�in�l aw -3-20(0 L' 108 ai4lu!! �a �d`"2-3299 �!r 47520 JACKSONCOUNTY OREGON AND ADEVELOPMENT PLANNING . IIIIII11j 10 5.'OAKDALE • MEDFORD,OREGON 97501 KERRY L.LAY. DIRECTOR "`• (503)7767554 FAX:(503) 776.7278 August 4, 1992 Donald & Judith Ryals c/o Steve Morgan 1875 Hwy 99 N. Ashland, OR 97520 RE: 39-lE-5CA-1001 Dear Mr. Morgan: On July 30, 1992, I inspected this property and evaluated the test pits provided in order to determine the site's suitability for the installation of a subsurface sewage disposal system. Several different types of septic systems are commonly approved for use in Jackson County; each requires different soil, slope,, , and groundwater conditions. The site limitations are so severe that it does not qualify for any currently available system and must therefore be denied. The reason for denial is listed below: 1. The site has been modified by filling, grading, or excavation. Modification is so extensive there is nothing that can be done to obtain septic approval._ ' I recommend checking with the City of Ashland as to availability of sewer. If you have any questions concerning the results of this evaluation, please contact this office. My office hours are 8 : 00 - 9 : 30 a.m. Tuesday through Friday. Sincerely, Dick Florey Environmental Health Specialist prr ..• 1I, rQ. YC ' CITY OF ASHLAND .;. ,. s« CITY HALL ASHLAND,OREGON 97520 telephone(woe 5W)482-3211 17 August 1992 Mr. Steve Morgan Morgan Construction Co. 208 Harrison Ashland, OR 97520 Re: Sewer Service to 39-lE-5CA, Tax Lot 1001 Dear Mr. Morgan: In Mr. Hall's absence, I am responding to your correspondence of 13 August 1992 regarding sanitary sewer service to a lot located outside of the Ashland corporate limits. Sewer service to properties located outside the City's boundaries is possible; however, each request is individually viewed and approved by the City Council. Attached is a copy of Ashland Municipal Code Section 14.08.030 dealing with connections outside the City limits. In summary the following steps must be taken: 1. A formal written request must be presented to the City Council stating any circumstances that might preclude the use of a septic system. . 2. Furnish to the City a signed, notarized "Consent to Annexation" in accordance with subsection D. Forms may be obtained from the Ashland Planning Office. 3. Sign, notarized, and return, along with the property description, the attached restriction covenant. 4- Acquire the proper plumbing permit through the Ashland Department of Community Development and pay the permit fee and system development fees- 5. Pay the sewer connection fee of$1,055.00. Mr. Steve Morgan 17 August 1992 Page 2 It appears that the service request does meet or can meet all of the requirements of the Code and the Public Works Department will support this request. If you have any questions or if I can be of any further assistance, please feel free to call at 488-5347. Sincerely, James H. Olson Acting Public Works Director JHO:rs�.aB..hr _.. Enclosure cc: Brian Almquist Steve Hall "I John MacLaughlin Dennis Barnts Mike Broomfield MORGAN CONSTRUCTION `~ August 13 , 1992 AUG 14 IM Mr. Steve Hall Director, Public Works City Hall 20 East Main Ashland, OR 97520 Dear Mr. Hall, This correspondence is in regards to a piece of - property owned by clients I represent and located southwest of Thornton and north of Wimer, immediately adjacent to the City of Ashland. I've enclosed a map for clarification. The owners of the property, Don and Judith Ryals, have engaged me to build a home on this parcel. In the course of preliminary development we have cleared the lot of brush and debris and, in anticipation of the installation of an onsite septic system, have excavated the required test holes for inspection, by the Jackson County Health Department. The result of their inspection has been the suggestion by , Mr. Dick Florey, the specialist who ' did the actual inspection, that we contact you and your department 'as to the possibility of connecting the home to the City of Ashland sewer system. We understand that the cost of such connection would be borne by the property owners. In talking with Mr. Dennis Barnts, of Water Quality, we understand that the system, if approved, would require a pressure line and lift pump to deliver the sewage to the nearest available existing line which, we understand, is located at the intersection of Thornton and Wimer, approximately 550 feet from the property. I would like to discuss this matter with you and, if feasible, make formal application to the City for connection to the system. I understand this will require action by the Council. Would you please contact me at the phone number listed below to schedule an appointment do discuss this. Thankyou for considering this matter. Sincere�y, Steve Morgan Morgan Construction Co. 208 Harrison Ashland, OR 97520 Phone: 482-3899 • - ,o0 6 � sS /ter 918 901 Sppl 905 s RR,S BLK. I 5 919 3 902 X904 Lo W 5 ELI E ° M 4 H.W. <.r s .AS' , r „�• Act/c NATO ADP 1• 1000 � Ol O Zia.BG I /N.Tp 8 0.91AC - . - - I C.4 • 6. � o � _ H (4.r .6) e R 802 c o -fH0 s �o z I B6 n .2 6 `1001 604 CU B4 094Ac •:` 37.e 106 a- - • 803 w °, N I CKEL L ; I� ° _ _ - 18 . f, I 5 - t6Y.13(P-fl ) • IoLC3' u "6 . ' I IJi.v 1100 144."' ` 47.f ' i.aY 701 704 70 >� PLAT E RG O O.AL - `e5 a• N h Q • - 1 v° - �P- 9 54 c) .w W a (P5448-A) 19 • (M.54r_ ii e.so • d 702 70514, 20 • a d n� Sy/.c... IR --� NC�sw• secs 3I w W o � z 0 al e � ASHLAND FIRE DEPARTMENT MEMORANDUM August 27, 1992 TO Mayor Cathy Golden and City Council FROM Keith E. Woodley, Fire Chief SUBJECT Renewal of Regional Hazardous Materials Contract The City of Ashland is a participating member of the Southern Oregon Regional Hazardous Materials Response Team. The Ashland Fire Department provides four members for the regional team, who have received extensive training in the management of hazardous materials emergencies. The regional team contracts with the .State of Oregon as a provider of response services for the Southern Oregon region. All costs associated with our participation on the regional team are reimbursed by the State of Oregon under contractual agreement. The current agreement expired on June 30, 1992, and a new contract has been drafted and reviewed by the legal counsels of participating agencies. The action requested of the Council is to authorize our Mayor to sign the new agreement. There have been no substantive changes to the document from the previous contract. ICI AGREEMENT FOR REGIONAL HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAM SERVICES SOUTHERN OREGON REGIONAL HAZMAT TEAM #8 C March 31 , 1.992 Regional Hazardous Materials Emergency Response Team Agreement March 31, 1992 Fire Chief Dan Marshall Jackson County RFD #5 716 So. Pacific Hwy. Talent, ORegon 97540 Title: Letter of Agreement Subject: Regional Hazardous Materials Emergency Response Team Services Agreement Dear Chief Marshall: Attached are 6 originals of the agreement for Hazardous Materials Emergency Response Services. The Agreement includes this Letter of Agreement, Contract,. Exhibits and Addenda. The Agreement is complete only when these four elements are taken as a whole. / The Agreement is subject to the approval of your governing body as signified by signature \_ ' of local authorities and their initials to each page incorporated herein. This Agreement is subject to the following conditions: 1. The Southern Oregon Regional.Hazardous Materials Emergency response Team services Agreement shall have a maximum value of $545,557.33 with expenditures as detailed in the Contract and Exhibits. Further, no promise, expressed or implied is hereby made as to the future funding in subsequent biennia as such is subject to legislative approval. 2. The Contractor will operate a hazardous materials emergency response team using two.hazmat vehicles supplied by the State. 3. The parties agree that the finer details of the Contractors' services will be specified through administrative rules and Standard Operating Guidelines which will be mutually approved. 4. The term of the Agreement will be from date of last signature through June 30, 1993. It is anticipated that the Agreement for services will be re-negotiated and renewed based on mutually agreeable terms for the 1993-1995 biennium. The parties recognize that future funding is not guaranteed and the services contracted for may need to change: ( Accordingly, no promises, expressed or implied, are made regarding future funding. RIC/HM08CON3/March 31,1992 Approved:_ Page 1 Regional Hazardous Materials Emergency Response Team Agreement 5. The Contractor agrees to provide certificates of insurance acceptable to the State's Risk Management Division. 6. The Contractor agrees to provide property damage insurance in sufficient amounts to protect the interest of the State while the State's property is on loan to the Contractor. 7. The parties agree that the Contractor will provide services to the primary response area as is generally depicted in Exhibit"A" and described in Section 2.1.1 of the Contract. 8. Contractor recognizes that no rights or authority arise under this Agreement until a "Notice to Proceed" is issued by the State. A"Notice to Proceed" will be issued by the State only after the Agreement is approved by the Attorney General per ORS 453.388(3) and the Contractor is trained and equipped to respond in accordance with the Agreement requirements. If the conditions of the Agreement including this Letter of Agreement, Contract, Exhibits and Addenda are satisfactory, please sign and return these 6 original Agreements. Please not the Agreement is not final until signed by all parties listed. Additionally, each page must be initialed by all signatories. Five original Agreements with all signatures will be returned to you. C\' As a Regional Hazardous Materials Emergency Response Team, you are providing a much needed resource for your community, regional response area and the State. On behalf of State Fire Marshal Everett G. Hall and the citizens of Oregon, congratulations on your continued participation in the statewide hazardous materials,emergency response team system. Sincerely, G�?^ ow'&/ Ralph M. Rodia Chief Deputy State Fire Marshal PC: Everett G. Hall, State Fire Marshal Lucinda Moyano, Asst.Attorney General RIC/HM08CON3/March 31,1992 Approved_ - Page 2 __ Lf Regional Hazardous Materials Emergency Respoau Team Agreement CONTRACT'FOR REGIONAL HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAM SERVICES Between THE STATE OF OREGON,ACTING BY AND THROUGH THE OFFICE OF STATE FIRE MARSHAL C And CITY OF MEDFORD FIRE DEPARTMENT CITY OF GRANTS PASS FIRE DEPARTMENT CITY OF ASHLAND FIRE DEPARTMENT JACKSON COUNTY RURAL FIRE PROTECTION DISTRICT#5 STATE OF OREGON Barbara Roberts,Governor Everett G. Hall, State Fire Marshal March 31, 1992 RIC/HM08CON3/March 31,1992 'Approved: Page 3 t . Regional Hazardous Materials Emergency Response Team Agreement TABLE OF CONTENTS AwardLetter........................................................................................................................................1 Contract....................................................................................................................:...........................3 Tableof Contents...............................................................................................::...............................4 1.0 Contract Type..........................................................................................................................7 1.1 Recitals.....................................................................................................................................7 1.2 Contract Term.........................................................................................................................7 2.0 Definitions............................................................................................................:..................7 2.1 Statement of Work.................................................................................................................9 2.1.1 Services to be Provided by Contractor 2.1.2 Performance Conditions 2.1.3 Personnel 2.1.4 Vehicles and Equipment 2.1.5 Response.Procedures and,Llmitations 2.1.6 Standard Operating Guidelines 2.1.7 Administrative Rules 2.2 Contractor Compensation...................................................................................................12 2.2.1 Stand-by Costs Specialized Training Expenses Medical Surveillance Vehicle and Equipment Loans 2.2.2 Team Response Costs Compensation for Vehicle and Equipment Expenses Personnel Expenses Emergency Expenses Billing System 2.23 Interest . 2.2.4 Maximum Contract Value 2.2.5 Prior Approval . 2.2.6 Spill Response Revolving Fund 2.3 Where No Responsible Party Can Be Identif ied.............................................................15 RIC/HM08C0N3/March 31,1992 Approved:_ Page 4 Regional Hazardous Materials Emergency Response Team Agreement 2.4 Contractor Status......................:...........................................................................................15 2.5 Retirement System Status...................................................................................................15 2.6 Assignments/Subcontracts.....................................................................................:............16 2.7 Successors in Interest...........................................................................................................16 2.8 Compliance with Government Regulations.....................................................................16 2.9 Force Majeure.......................................................................................................................16 2.10 State Tort Claims Act..........................................................................................................16 2.10.1 Scope 2.10.2 Limitations 2.10.3 Notifications 2.11 . Indemnificat ion.....................................................................................................................17 2.12 Severability............................................................................................................................17 C ' 2.13 Access to Records.....................................................:...........................................................17 2.13.1 Confidentiality 2.14 Amendments.........................................................................................................................18 2.15 Payment of Contractor's Obligations..........................:......................................................18 2.16 Nondiscrimination................................................................................................................18 2.17 Dual Payment......................c................................................................................................18 2.18 Payment for Medical Care..................................................................................................18 2.19 Insurance Coverages...........................:................................................................................18 2.19.1 Workers' Compensation 2.19.2 Comprehensive or Commercial General Liability 2.19.3 Automobile Liability 2.19.4 Notice of Cancellation or Change 2.19.5 Certificate(s) of Insurance 2.19.6 Physical Damage Clause i RUC/HM08C0N3/March 31,1992 Approved:_ Pave 5 Regional Hazardous Materials F,mcrgenry Response Team Agreement 2.20 Remedies...............................................................................................................................19 2.21 Termination;............................................................................................... .......................19 2.21.1 Default n - 2.22 Approval Authority..............................................................................................................20 2.23 Insufficient Funds.................................................................................................................20 Contract Exhibits Exhibit A- Contractor's Primary Response Area...........................................................21 Exhibit B -Standard Operating Guideline for Responding (SOG-T002)...................22 Exhibit C- Equipment and Vehicle Provided.................................................................29 Exhibit D - Specialized Training Expenses......................................................................37 Exhibit E- Medical Surveillance.......................................................................................38 Exhibit F-Compensation for Vehicles and Apparatus.................................................39 Exhibit G -Personnel Expense Reimbursement Schedule............................................40 . Exhibit H - Summary of Contract Value.............................................................:............41 ApprovingSignatures.......................................................................................................................42 Addenda Addendum 1 -Additional Agreement Terms..................................................................45 RUC/HM08CON3/Mamh 31,1992 Approved:_ Page 6 Regional Hazardous Materials Emergency Response Team Agreement CONTRACT FOR REGIONAL HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAM SERVICES General Contract Information 1.0 Contract Type: This Agreement is between the State of Oregon, acting by and through the State Fire Marshal (hereinafter "State") and the City of Medford, the City of Grants Pass Fire Department, the City of Ashland Fire Department, and Jackson County Rural Fire Protection District #5 (hereinafter "Contractor") for the provision of regional hazardous materials emergency response services as described herein and authorized under ORS 453.374 to 453.390. 1.1 Recitals: In order to protect life and property against the dangers of emergencies involving hazardous materials, the State Fire Marshal may assign and make available for use in any county, city or district, any part of a regional hazardous materials emergency response team. The State desires to enter into this Agreement to establish Contractor as a Regional Hazardous Materials Emergency Response Team, and Contractor desires to be so designated and to enter into this Agreement. 1.2 Contract Term: This .Agreement shall be from the date of the last required signature to June 30, 1993. Subject to Legislative approval, future Agreements will be awarded on a biennial basis. Standard Contract Terms and Conditions 2.0 Definitions: "Agreement" means this contract, together with Letter of Agreement, Exhibits and Addenda. Exhibits and Addendum include the following: Exhibit A - Contractor's Primary Response Area Exhibit B - Standard Operating Guideline for Responding (SOG-,002) Exhibit C- Equipment and Vehicle Provided Exhibit D - Specialized Training Expenses Exhibit E- Medical Surveillance Exhibit F-Compensation for Vehicles and Apparatus Exhibit G - Personnel Cost Reimbursement Schedule Exhibit H - Summary of Contract Value Addendum 1 - Additional Contract Terms RIC/HM08CON3/March 31, 1992 Approved: Pagc 7 — — — — — — 1 Regional Hazardous Materials Emergency Response Team Agreement This Agreement constitutes the entire contract between the State and the Contractor. "Clean-up" means the measures .taken after emergency response to permanently remove the hazard from the incident site. "Contractor" means the local government agency by which the service or services will be performed under this Agreement. "Emergency Response" means: a. Actions taken to monitor, assess and evaluate a spill or release or threatened spill or release of hazardous materials; b. First aid, rescue or medical services; C. Fire suppression, containment, confinement, or other actions appropriate to prevent, minimize or mitigate damage to the public health, safety, welfare or the environment which may result from a spill or release or threatened spill or release of a hazardous material if action is not taken. "Emergency Response Costs" means the total emergency response expense, including team response costs, arising from a hazardous materials emergency. Such costs generally include, but are not limited to, all State and local government expenses that result from the assessment and emergency phases of the response activity. Emergency response costs do not include clean-up or disposal costs of hazardous materials, except as may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous material or in stabilizing the emergency response incident. "Hazardous Materials" means "hazardous substance" as that term is defined in ORS 453.307(4). "Incident" means any actual or imminent threat of a release, rupture, fire or accident that results, or has the potential to result, in the loss or escape of a hazardous material into the environment. "Local Government Agency" means a city, county, special function district or subdivision thereof. "Oregon-OSHA"means the Oregon Occupational Safety and Health Act as administered by the Occupational Safety and Health Division of the Department of Insurance and Finance. "ORS" means Oregon Revised Statutes. "Primary Response Area" means that geographical region where the Contractor is R1C/HM08CON3/March 31,1992 Approved:_ Page 8 Regional Ha rdous Materials Emergency Rcsponse Tram Agreement principally, responsible for providing regional hazardous materials emergency response services. "Regional Hazardous Materials Emergency Response Team" means the designated employees of the Contractor who are expected to respond to, control, and/or stabilize actual or potential emergency releases of hazardous substances. A Regional Hazardous Materials Emergency Response Team operates within the limits discussed-in Oregon- OSHA's OAR 437, Division 2. "Release" shall have the same meaning as that in ORS 465.200(14). "Responsible Party" means the person(s) responsible for causing the emergency to which the Contractor responded. (See, e.g. ORS 453.382). "State" means the State of Oregon acting by and through the State Fire Marshal. "State Spill Response Revolving Fund" means the revolving fund established under ORS 453.390 et seq. "Team Response Costs" means those Contractor expenses which are expressly allowed under this Agreement and are approved by the State. Team Costs under this Agreement �. do not include the wide range of emergency response costs associated with hazardous materials emergency, but shall be limited to approved expenses directly related to Regional Hazardous Materials Emergency Response Team operations. 2.1 Statement of Work- 2.1.1 Services to be Provided by Contractor. During the term of this Agreement the = Contractor agrees to provide regional hazardous material emergency response team services within the boundaries of Contractor's assigned Primary Response Area described in "Exhibit A" and by this reference incorporated herein. Contractor is hereby designated "HazMat 8." Contractors response activities under this Agreement shall be limited to emergency operations, reporting and documentation activities arising from hazardous materials releases which threaten life, property, or the environment. Contractor shall not provide under this Agreement any services with respect to the sampling, testing and analysis, treatment, removal, remediation, recovery, packaging, monitoring, transportation, movement of hazardous materials, cleanup, storage and disposal of hazardous materials except as these may be reasonably necessary and incidental to preventing a release or threat of release of a hazardous material or in stabilizing the emergency response incident. R1C/HM08C0N3/March 31,1992 . Approved:_ Page 9 — — 1 Regional Hazardous Materials Emergency Response Team Agreement Contractor shall not be required to maintain general security and/or safety peri meters at or near sites and vessels, locate underground utilities, insure appropriate traffic control services, conduct hydrological investigations and analysis, or provide testing, removal and disposal of underground storage tanks at or near the emergency response incident to which the Contractor is dispatched. Contractor makes no representations or warranties to third parties with regard to the ultimate outcome of the hazardous materials services to be provided, but shall respond to the best of its abilities, subject to the terms of this Agreement. 2.1.2 Performance Conditions: Contractor acknowledges that prior to undertaking any emergency response activity under this Agreement, Contractor shall first receive written approval from the State to proceed with response activities. State approval shall be conditioned upon the Contractor demonstrating to the State that its employees, equipment, and vehicles meet or exceed applicable regulatory requirements. Contractor may request in writing to be authorized to operate on a temporary basis using locally owned vehicles and equipment. If the State approves such request, it will do so in writing. In any case, Contractor may not respond under this Agreement until all required signatures have been obtained and the State has issued a written "Notice To Proceed" to Contractor. C , 2.1.3 Personnel: Contractor shall provide an .adequate number of trained, medically monitored, competent, and supervised personnel as is necessary to operate within the safety levels of a regional hazardous materials emergency response team Contractor shall limit its team activities to that within the safety and training levels specified by Oregon- OSHA for a hazardous materials response team. 2.1A Vehicles and Equipment: Until such time as the State is able to complete its procurement and make the vehicle and equipment loans to Contractor, Contractor may provide such vehicles and equipment as it currently has available as provided in 2.1.2 herein. Routine maintenance of State and local vehicles and equipment shall be the sole responsibility of the Contractor. Contractor shall limit its activities to that which can be safely accomplished within the technical limitations of the vehicles and equipment provided by the Contractor or the State. Repairs, other than routine maintenance, to State vehicles and equipment shall be the responsibility of the State. For purposes of this Agreement, routine maintenance means: A. Apparatus and Vehicles 1. Daily/weekly/monthly checks of vehicle and equipment. 2. Semiannual and/or mileage related lubrication, oil and filter changes. RlC/HMMCON3/March 31,199-7 Approved:_ Page 10 Regional Hazardous Materials Emergency Response Team Agreement r 3. Annual tune-up as required for preventive maintenance. B. Equipment checks and testing as outlined in the Oregon-OSHA standards and manufacturer's recommendations. C. Protective Clothing to be tested as per Oregon-OSHA standards and manufacturer's recommendations. D. Communications equipment checked regularly. The Contractor may use State's emergency response vehicles and equipment for Contractor's local use and enjoyment. Under such.circumstances the Contractor is liable for major repairs or replacements directly attributable to local response. State vehicles shall meet or exceed all regulatory requirements. 2.1.5 Response Procedures and Limitations: The State recognizes that the obligations of the Contractor in its own jurisdiction are paramount. Contractor's obligation to provide services hereunder shall arise, with respect to specific response actions, upon receipt of an emergency response request. If such response request conforms with the State's Hazardous Materials Response Team Standard Operating Guideline regarding Decisions to Respond to Hazardous Materials Incidents, attached as "Exhibit 'B" and by this reference _ incorporated herein, then the Contractor may respond on its own order and immediately thereafter notify the State Fire Marshal.Hazardous Materials Duty Officer. If the emergency response request does not meet the Standard Operating Guideline criteria, the Contractor shall refer the response request to the State Fire Marshal Hazardous Materials Duty Officer who will evaluate the situation and either authorize the Contractor's response or decline the response.request. Right of Refusal: If; on occasion, a response under this Contract would temporarily place an undue burden on the Contractor because Contractor's resources are otherwise limited or unavailable within the Contractor's Primary Response Area, then if prior or immediate _ notice has been provided to the State Fire Marshal Hazardous Materials Duty Officer, the Contractor may decline a request for a regional emergency response. 2.1.6 Standard Operating Guidelines: Contractor and State agree that regional response team operations will be conducted in accordance with Standard Operating Guidelines that will be mutually approved by the parties to this Agreement. RIC/HM08CON3/March 31,1992 Approved; Page 11 - - - — 1 Regional Hazardous Materials Emergency Response Team Agreement 2.1.7 Administrative Rules: The parties acknowledge that the State will adopt by administrative rule OAR 837, Division 120. a regional hazardous material emergency response system. These rules shall be published and adopted in due course, and upon such adoption, may require modification of the procedures, terms and conditions of this contract. The rules, when adopted, shall not become part of this contract without the agreement of the Contractor. 2.2 Contractor Compensation: There are two types of Contractor compensation under this Agreement: (1) Stand-by costs, and (2) team response costs. Each of these are discussed more fully below. 2.2.1 Stand-by Costs: Contractor shall be compensated by the State under this Agreement for its State approved stand-by costs. Such stand-by costs include: Specialized Training Expenses: The State may provide advanced training and education to Contractors employees. Requests for such training must be approved by the State in advance. All such training must comply with the governmental regulations associated with assigned duties under this Agreement. If training is approved, the State agrees to pay the cost of tuition, per diem/travel expenses at State approved rates, and/or partial personnel replacement costs, up to an average maximum of Three Thousand Dollars ($3,000) 'for 2 C_ each current or potential team member up to a total of 30 team members to maintain the team, as described in "Exhibit D" of this Agreement. If funds are available, the State agrees -to pay up to an average of an additional Two Thousand Dollars ($2,000) for personnel replacement costs per team member, up to a total of 30 team`members. Where the Contractor demonstrates that its employees already meet or exceed State approved standards, then the allocated training funds shall be authorized for transfer within the Contractor's account. Each team shall be allotted Ten Thousand Dollars ($10,000) for costs = required to coordinate hazardous materials emergency response team functions with local jurisdictions within their Primary Response area. Such costs may include training, personnel costs, and per diem/travel expenses in accordance with the State rates. Medical Surveillance: The State will provide Baseline, Maintenance and Exit Physicals for each team member, up to a total of 30 team members. Cost will be based on competitive bid for the protocols covered in the State's Hazardous Materials Emergency Response Team Standard Operating Guideline T-015. For budgetary purposes, an average of Four Hundred Dollars ($400) per team member has been allocated for the period covered by this contract for a total of Twelve Thousand Dollars ($12,000) as described in "Exhibit E" to this Agreement. Vehicle(s) and Equipment Loans: The State agrees to purchase and loan the Contractor one or more team vehicles and/or emergency response team equipment as approved in RIC/HM08CON3/March 31, 1992 Approved:_ Page 12 Regional Hazardous Materials Emergency Response Twm Agreement "Exhibit C" of this Agreement. Where the Contractor has obtained the required equipment listed on the minimum required equipment list, allocated equipment funds may be authorized for transfer within the Contractor's account. The specific type vehicle and equipment selections are to be mutually agreed upon by the State and the Contractor. The State and Contractor agree that although a prim�ty project goal is to standardize vehicles and equipment on a statewide basis, limited v hide and equipment substitutions to meet local needs may be made upon mutual apprc val of the State and the Contractor. 2.2.2 Team Response Costs: Contractor shall be compensated by the State inder this Agreement for its State approved Team response costs. Such Team response costs may include, but are not limited to: Compensation for Vehicle(s) and Apparatus: Where the State has approved the use of Contractor's vehicles and equipment, State shall compensate Contractor at the rates described in"Exhibit F" to this Agreement. Personnel Expenses: Contractor's team response personnel expenses which are approved and authorized under this Agreement are compensable at the rates described in "Exhibit G." Team response personnel expenses shall be billed to the nearest one-fourth (1/4) hour �- period worked. Emergency Expenses: Contractor's necessary and reasonable emergency expenses related to services rendered under this Agreement are reimbursable. All such costs must be based on actual expenditures and documented by the Contractor. Emergency response purchases of up to $100 per emergency response incident.may be made at the Contractor's discretion without prior approval by the State. The Team Leader or authorized Contractor representative will attempt to contact the State Duty. Officer for approval of Contractor emergency expenses exceeding $100. Contractor's claim for reimbursement must clearly document the nature of the purchases and extent of the State's prior verbal approval of Contractor's emergency expenditures. The State reserves the right to deny any payment of - unjustifiable Contractor expenditures. The State will provide a One Hundred Dollar ($100) petty cash fund for each State vehicle. The Contractor is responsible for justifying use of the fund and providing documentation. Fund shall be reconciled every 60 days, and replacement of fund by the State will be based on submission of receipts to the State. Billing System: Contractor will provide an estimate of team response costs to the State within 10 working days of the,response. If the Contractor elects reimbursement they will bill the State for response costs within 30 days of response. The State will not bill responsible parties unless it receives an invoice from the Contractor. Contractor's claim for reimbursement shall be on State approved forms and shall contain such documentation as RIC/HM08C0N3/March 31, 1992 Approved: page 13 - - — Regional Hazardous Materials Emergency Response Team Agreement is necessary to support State's cost-recovery operations and financial audits. The State shall then bill the Responsible Party(s) within 30 days of receipt of Contractors invoice. State agrees to bill responsible parties for team response costs and may bill for the total emergency response costs. Team response costs include such items as vehicle and equipment use, expendables, and personnel costs. In addition, team administrative costs, not to exceed 8% of the Contractor's team response costs, may be billed as part of the emergency costs. Normally Contractor's team response costs shall be collected by the State from the Responsible Party(s) before payment is made to the Contractor. Where payment has not been received by the State within 30 days, after the second billing to the Responsible Party(s), then the Contractor's approved team response costs shall be paid to the Contractor from the State Spill Response Revolving Fund. In no case shall the State's payment to the Contractor exceed 63 days after receipt of the Contractor's invoice by State. Thereafter, if the State successfully recovers payment from the Responsible Party(s) it shall first be used to pay the Contractor's team response costs, if these have not been paid in their entirety, then used to reimburse the State Spill Response Revolving Fund for the amount previously paid to Contractor and the State's administrative costs. Any remaining funds will be used to pay emergency response costs as billed. Contractor agrees to cooperate with the State as is reasonable and necessary in order to allow the State to bill third parties and pursue cost recovery actions. If a disputed billing is resolved in favor of the responsible party(s), then the Contractor shall not be required to reimburse the State for payments previously made. 2.2.3 Interest: If the State fails to make timely payments to Contractor as described in 2.2.2, interest shall be paid to Contractor.by the State on amounts past due at the rate of interest specified in ORS 293.462(3). Interest payments will be made only if response costs are invoiced by the Contractor on State-approved forms. 2.2.4 Maximum Contract Value: This Agreement shall have a maximum value of $545,557.33 for stand-by costs. The State certifies that sufficient funds are available and authorized within the State's current appropriation or limitation. The maximum contract value includes those items specified in 2.2.1 and the value of all State-owned vehicles and/or equipment which is to be loaned to the Contractor under this Agreement. The maximum contract value does not, however, include Contractor's team response costs as specified in 2.2.2. Such team response costs shall be limited only by the funds available in the State Spill Response Revolving Fund established under ORS 453.390 et seq. No additional Contractor compensation shall be paid under this Agreement unless otherwise specifically agreed to by the State and the Contractor, and upon written amendment to this Agreement. State's payments shall be full compensation for work performed or services .rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work authorized under this Agreement. Acceptance 1ZIC/li\108CON3/March 31, 1992 Approved:_ Page 14 r Regional Hazardous Materials Emergency Responsc Team Agreement of payment by the Contractor shall operate as a release of the State of all claims by Contractor for reimbursement of team,response costs except where partial payment has been made due to limitations of the State's Spill Response Revolving Fund and subject to further payment as set forth above. 2.2.5 Prior Approval: Contractor, when acting under this Agreement, may not respond without prior written or verbal approval by State as set forth in Section 2.1.5. Granting of response approval by the State Fire Marshal Hazardous Materials Duty Officer constitutes the State's agreement to pay Contractors team response costs from the State Spill r Response Revolving Fund if recovery from a responsible party(s) is not possible. Contractor agrees to make reasonable and good faith efforts to minimize Responsible Party and/or State expenses. 2.2.6 Spill Response Revolving Fund: If the Spill Response Revolving Fund becomes depleted or fiscally unsound, the State shall immediately notify Contractor, who may upon . receipt of such notice suspend response actions under this Agreement. If Contractor commences an emergency response action subsequent to this notification, Contractor assumes the risk of nonpayment if the State is unable to obtain further funds for the Spill Response Revolving Fund, recover the Contractor's Team response costs from a responsible party or if there is not identifiable responsible party. Contractor shall immediately notify the State Fire Marshal Hazardous Materials Duty Officer of all emergency response activities undertaken pursuant to this Agreement. For purposes of this section, "fiscally unsound" shall mean the balance in the Spill Response Revolving Fund is less than $20,000, and "immediately" shall mean within twelve (12) hours of Contractor receiving the emergency response request. If after becoming depleted or fiscally unsound additional funds become available in the Spill Response Revolving Fund and Contractor has billed the State as set forth in _Section 2.2.2, Contractor shall be reimbursed for any unpaid team response costs. 2.3 Where No Responsible Patty Can Be Identified: As previously mentioned in Section 2.2, State agrees to bill the party(s) responsible for causing the hazardous materials - emergency for total emergency response costs. Where there is no identifiable Responsible Party, or if the Responsible Party is unable to pay, the State agrees to pay Contractor's Team response costs from the State Spill Response Revolving Fund if funds are available and if Contractor has complied with 2.2.5 herein. 2.4 Contractor Status: Contractor certifies it is not an employee of the State of Oregon and is a local government agency(s). 2.5 Retirement System Status: Contractor is not entitled under this Agreement to any Public Employees Retirement System benefits and will be responsible for payment of any R1C/HM08C0N3/March 31,1992 Approved:_ Page 15 Regional Ha rdow Materials Emergency Respon Team Agreement applicable federal or State taxes. Contractor is not entitled under this Agreement to any benefits for payments of federal Social Security, employment insurance, or workers' compensation. 2.6 Assignments/Subcontracts: Contractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of State. Such written approval will not relieve Contractor of any obligations of this Agreement, and any assignee, transferee or subcontractor shall be considered the agent of Contractor. Except where State expressly approves otherwise, Contractor shall remain liable as between original parties to this Agreement as if no such assignment had occurred. 2.7 Successors in Interest: The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties to the Agreement and their respective successors and assigns. 2.8 Compliance With Government Regulations: Contractor agrees to comply with federal, state and local laws, codes, regulations and ordinances applicable to the work performed under this Agreement including, but not limited to, OAR 437-02-100(q) and its Appendix B. Contractor specifically agrees that the provisions of ORS 279.312 and 279.316 shall.govern performance of this Agreement. Failure to comply with such requirements �,. shall constitute a breach of this Agreement and shall be grounds for termination. 2.9 Force Majeure: Neither party to this Agreement shall be held responsible for delay or default caused by fire, riots, acts of God and/or war which is beyond that party's reasonable control. State or Contractor may terminate this Agreement upon written notice after determining such delay or default will reasonably prevent performance of the Agreement. 2.10 State Tort Claims Act: 2.10.1 Scope: During operations'authorized by this contract, Contractor and members of regional.hazardous materials response teams shall be agents of the state and protected and defended from liability under ORS 30.260 to 30.300. For purposes of this section, operations means activities directly related to a particular emergency response involving a hazardous material by a regional hazardous materials emergency response team. Operations also includes advanced training activities provided under this contract to the members of a hazardous materials response team, but does not include travel to and from the training. 1UC/1AM08C0N3/March 31, 1992 Approved:_ Page 16 Regional Hazardous Materials Emergency Response Team Agreement 2.10.2 Limitations: This Agreement in no way limits a contractor from responding with State vehicles, equipment and supplies under local authority, mutual-aid Agreements, or other contracts under local authority. 2.10.3 Notifications: Contractor shall immediately report by telephone and in writing any demand, request, or occurrence that reasonably may give rise to a claim against the State. Such reports shall be directed to: State Fire Marshal Hazardous Materials Duty Officer 4760 Portland Road N.E. Salem, Oregon 97305 (503) 931-5732 or Pagers (503) 370-1488 / (503) 370-3499 (After"beep," enter telephone number to which call should be returned) Copies of such written reports shall also be sent to: State Risk Management Division 1225 Ferry Street S.E. Salem, Oregon 97310 2.11 Indemnification: When acting. as other than an agent of the State under this Agreement, and when using State's vehicles, equipment,, procedures, or training, the Contractor shall indemnify, defend and hold harmless the State, its officers, divisions, agents, employees, and members, from all claims, suits or actions of any nature arising out of the activities or omissions of Contractor, its officers, subcontractors, agents or employees subject to the Oregon Tort Claims Act, .ORS 30.260 to 30.300, and the- Oregon Constitution. 2.12 Severability: If an y provision of this Agreement is declared by a court to be 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 provision held to be invalid. 2.13 Access to Records: Each party to this contract, the federal government, and their duly authorized representatives shall have access to the other party's books, documents, investigative reports, papers and records which are directly pertinent to this Agreement for the purpose of making financial, maintenance or regulatory. audit. Such records shall be maintained for at least three (3) years or longer where required by law. RIC/liMO8CON3/March 31, 1992 Approved:_ Page 17 Regional Hazardous Materials Emergency Response Team Agreement 2.13.1 Confidentiality: Except as otherwise provided by law, each party to this Agreement mutually agrees that they shall not in any way, except as may be required in connection with this Agreement, disclose each others confidential information to a third party. The rights and obligations set forth in this section shall survive termination of the Contract. Any duty under this sub-section shall arise only upon actual and specific notice to the other party that an item is confidential. 2.14 Amendments: The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of State and Contractor. 2.15 Payment of Contractor's Obligations: Contractor agrees to make payment promptly, as due,to all persons furnishing services, equipment or supplies to Contractor. If Contractor fails, neglects or refuses to pay any such claims as they become due and for which the State may be held liable, the proper officer(s) representing the State, after ascertaining that the claims are just, due and payable, may, but shall not be required to, pay the claim and charge the amount of the payment against funds due Contractor under this Agreement. The payment of claims in this manner shall not relieve Contractor of any duty. with respect to any unpaid claims. 2.16 Nondiscrimination: Contractor shall comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Contractors are encouraged to recruit qualified women and minorities as regional response team members. 2.17 Dual Payment: Contractor shall not be compensated for work performed under this Agreement by any state agency or person(s) responsible for causing a hazardous materials emergency except as approved and authorized under this Agreement. 2.18 Payment for Medical Care: Contractor agrees to make payment promptly, as due, to any person, partnership, association or corporation furnishing medical, surgical,hospital or other needed medical care to Contractor's employees, except as noted in 2.2.1, Medical Surveillance. Such payment shall be made from all sums which Contractor has agreed to pay for such.services and from all sums which Contractor has collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. 2.19 Insurance Coverages: 2.19.1 Worker Compensation:_ 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 RIC/HM08CON3/March 31, 1992 Approved:_ Page 18 Regional Hazardous Materials Finergency Response Team Agreement workers' compensation coverage for all their subject workers. Nothing in this Agreement is intended or shall be construed to create the relationship of employer and employee as between the State and Contractor. 2.19.2 Comprehensive or Commercial General Liability: Contractor shall maintain at its own expense, and keep in effect during the term of this Agreement, comprehensive or commercial general liability insurance, or its equivalent for self-insured contractors, covering personal injury and property damage. This insurance shall include coverage for contractual liability related to the indemnity provisions of this Agreement. Contractor's general liability coverage limits shall not be less than five hundred thousand dollars ($500,000) in the aggregate, or the equivalent. 2.19.3 Automobile Liability: Contractor and State shall obtain and keep in effect automobile liability insurance, or its equivalent for self-insured Contractors, for their respective vehicle(s) during the term of this Agreement. This coverage may be written in combination with the comprehensive or commercial general liability insurance mentioned in section 2.19.2. Auto liability coverage limits shall not be less than five hundred thousand dollars ($500,000) combined single limit occurrence, or equivalent. 2.19A Notice of Cancellation or Changes Contractor and State agree there shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew their respective insurance coverages without 30 days' written notice to the.other party. 2.19.5 Certificate(s) of Insurance: As evidence of the insurance coverage required by this Agreement, both State and Contractor shall furnish copies of or updates of previously provided Certificates of Insurance, or Certificates of Self-Insurance as the case may be, to each other prior to the beginning of work under this Agreement. 2.19.6 Physical Damage Clause: Contractor agrees to be responsible for any physical damage, ordinary wear and tear excepted, to State-owned vehicle(s) and equipment that is directly attributable to local response, regardless of fault. When acting under State authority, the State will be responsible for physical damage to State-owned vehicles and equipment regardless of fault, subject to the terms and conditions of the Oregon Risk Management Division Policy 125-7-101 (Property Policy Manual). 2.20 Remedies: This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon as interpreted by the Oregon courts. Any litigation arising out of this Agreement shall be conducted in the courts of the State of Oregon. 2.21 Termination: This .Agreement may be terminated by mutual consent of both parties, or by either party upon 180 days notice, in writing, and delivered by certified mail or in person. RIC/l{M08C0N3/March 31,1992 Approved: Page 19 - - - Regional Hazardous Materials Emergency Response Team Agreement The State or Contractor may terminate this Agreement at will effective upon delivery of written notice to the Contractor or State,or at such later date as may be established by the State or Contractor, under any of the following conditions: a. If State Fire Marshal funding from federal, state, or other sources is-not obtained and continued at levels sufficient to allow for purchases of the indicated quantity of services. The Agreement may be modified to accommodate a reduction in fund. b. If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments by this Agreement. C. If any license or certification required by law or regulation to be held by the Contractor to provide the services required by this Agreement is for any reason denied, revoked,or not renewed. Any termination of the Agreement shall be without prejudice to any obligations ,or liabilities of either party already accrued prior to such termination. 2.21.1 Default: -The State or Contractor, by written notice of default (including breach of ..-contract) to the other party, may terminate the whole or any part of this Agreement: a. If the other party fails to provide services called for by this Agreement within the time specified herein or extension thereof; or, b. If the other party fails to perform any other provision of this Agreement, or so.fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and, after receipt of written notice from the other party, fails to correct such failures within 10 days or such longer period as the notice may authorize. 2.22 Approval Authority: Contractor representatives certify by their signature herein that he or she, as the case may be, has the necessary and lawful authority to enter into contracts and Agreements on behalf of the local government entity. 2.23 Insufficient Funds: The obligation of the Contractor under this Agreement is contingent upon the availability and allotment of funds by the State.to Contractor and Contractor may, upon thirty (30) days'-prior written notice, terminate this contract if funds are not available. RIC/HM08CON3/March 31,1992 Approved:_ Page 20 Regional Hazardous Materials Emergency Response Team Agreement EXHIBIT A Y =Z 3 J J F J O J O J Q W J r � J to 7 J bb �Q J W C � r � H O h _ rA 'o c • •.,. . ••:•; ifs; � a F E Od W ,<�'�<< •'•<'• • ''•••'•<••,<'<'•'�'< _ W W b N \ ' F W � fij lil1Y - �W � U K•L•4M _ ._ YL•M1a ra!•!•!•J•f , O W 1•\•MMM •f•f• fY•r 0• •Ti N N1S\•\•1.\ ' KK•1•Y41• U. F 4 OG ,L< \Kf�:iYiiyiylyit ' 'a° < G] W 1 K i`• LM1 N Y y �i1YK 1! .Y•r• O, -a 5.. YKiLi > a F W •f13�i i Yy41 . O ta• .. F t+ •Ti •L'h\i1•r'%.r~I tf�f.N•a C G ' W •Ti LK•L•L•L.YM1. N 1.1.4 < O J•I•f•f•J J�f�/ m W Y•/•/- O W \•LK•M4\. ••a• u..3a.AF3: ryY•r •:•! . rY. ./.hh 1.1.1-L 1.1 ••<\•1.1.L.L• 1.1• r•l Fhr•!•r•rY•/ /. l r•lyrL/ 1 •1.\.1.1K•1.1•L•1.•.•1K. L•L• 1.1.1. •r•r.r•r./•r•/-r.;./.:. r r-r•i•:•/•r.:.:.r r•r.:.:.:.: r.:.r•r•r .:..:..:.\. . r•/.r�/ir:•i;r.r•:•r•r•r•r:r•r•r•/• .r\.1.\.1.1.1-•.•1.•..•. RIC/HM08CON3/March 31. 199? Approved: - Paec 21 . Regional Hazardous Materials Emergency Rcsponsc Turn Agreement EXHIBIT B OFFICE OF STATE FIRE MARSHAL HAZARDOUS MATERIALS EMERGENCY RESPONSE TEAMS STANDARD OPERATING GUIDELINES SUBJECT: Decision to Respond to Emergency Number. T-002 Hazardous Materials Incidents. OBJECTIVE:, Provide Guidance and Directions for OSFM Approved: Making Decisions of Whether to Respond to an Incident. Adoption Date: January 1, 1991 Revision Dates: I.. SCOPE This guideline applies to those response decisions made by dispatchers, response team leaders and the Office of State Fire Marshal Hazardous Materials (HazMat) Duty Officer. Decisions on automatic responses may be made by dispatchers, response team leaders or the HazMat Duty Officer, depending upon each response team's specific operating procedures. Decisions based upon using the Decision Matrix may be made only by team leaders and the HazMat Duty Officer. . IL DEFINITIONS "HazMat Duty Officer" - The individual(s) designated by the State Fire Marshal to authorize the response to hazardous materials incidents and to provide technical assistance, to regional response teams. "Response -Team Leader" The designated person who, based upon experience and authority, has the ability to evaluate and direct response team activities. RIC/HM08CON3/Mash 31,1992 Approved: Page 22 — — Regional Hazardous Materials Emergency Response Team Agreement III. GENERAL ,Before responding to a hazardous materials incident, a decision will be made whether the situation warrants a team response. Response decisions will be based upon the procedures in this guideline. A. If the team leader is unsure of a decision or the process, the State Fire Marshal Duty Officer shall be contacted. B. Failure to follow these guidelines in making initial response decisions may result in the denial for reimbursement of team response costs. IV. STANDING ORDERS FOR AUTOMATIC RESPONSES Hazardous Materials Emergency Response Teams may automatically respond to any incident or ancillary function involving a hazardous materials spill (or leak), explosion or injury-or potential thereof-with immediate threat to life, environment, or property. Specific instances of automatic responses which may present an immediate threat to life, environment, or property include but are not limited to: A. . A, transportation incident involving release or potential release of an identifiable hazardous material. B. "Working" drug labs (when requested by the law enforcement agency,having jurisdiction). C. Hazardous materials incidents at "fixed sites" (e.g., manufacturing facility with known hazards). D. An incidenf with multiple, incapacitated victim(s) of unknown etiology. E. A spill or release with known, visible environmental impact (e.g., dead fish, vegetation).. F. When requested by another state hazardous materials response contract team (e.g., for back up). G. When dispatched by the State Fire Marshal. RIC/HM08CON3/March 31, 1992 Approved:_ Page 23 . Regional Hazardous Materials Emergency Response Team Agrcemenl V. UNAUTHORIZED AND NON-REIMBURSABLE RESPONSES Unauthorized and non-reimbursable hazardous materials responses include but are not' limited to: A. Requests for cleanup for a HazMat incident not involving the mitigation of a spill or leak. B. Local requests for services not requiring OSHA Technician-level expertise. C. Responses solely under local authority (i.e., not responding as a State contract team). D. Stand-by time when no emergency situation has occurred. VI. DECISION MATRIX In those instances where this guideline does not provide sufficient or specific direction, the Decision Matrix for Hazardous Materials Responses, developed and revised by the State Fire Marshal in Agreement with the Team Advisory Group, will be used. The Decision Matrix and guidelines for its use are attached to this document. VIL HAZARDOUS MATERIALS DUTY OFFICER CONTACT When application of this guideline and the Decision Matrix does not produce a clear decision or results in a decision inconsistent with the leader's professional judgment, the State Fire Marshal Hazardous Materials Duty Officer will be consulted. A hazardous materials response team operating under a signed state contract, and making response decisions not covered by this guideline, shall have, the concurrence of the State Fire Marshal and the team. If the State Fire Marshal Hazardous Materials Duty Officer cannot be reached by using the established call down procedures, decisions to respond may be made without his/her concurrence. RIC/SOGT-002/March 31,1992 1UC/11M08C0N3/March 31, 1992 Approved: I'aec 24 Regional Hazardous Materials Emergency Response Team Agreement Decision Matrix- Page 1 Hazardous Materials Teams Incident Response Decision Matrix Response Decision Criteria Risks Rank Situation Status - What is the size,severity and immediacy of the threat? L-M-H 1.2-3 Release in progress Container/vehicle has been damaged or failure likely Conditions are stable Minimal or no threat detected Unknown(assign a rank of 2) Physical and Chemical/Todcological Hazards What dangers does the incident represent? L-M-H Health hazards(acute/chronic) Cryogenic/hyperthennal Flammable - Explosive Reactive/unstable Reactive e// unstable , Radioactive Other(environment,property, equipment) Gas,liquid,or solid? Unknown(assign a rank of 21 - Quantity at Risk To what degree is the quantity of material a threat? L-M-H 2 50 gallons,500lbs,200 cubic It <50 gallons.500 lbs.200 cubic R 2 millirems/hour to 50 millirems/hour 2 50 millirems/hour- _ Unknown quantity(assign a rank of 2) Container Status What type of breach or release is possible? - L-M-H Pressure container compromised Potential for disintegration Micro/macro cracking Open/damaged fittings - liquid/Solid container damaged Split/tear - Puncture Spill Open/damaged fittings Unknown(assign a rank of 2) UY.N'ryeA l-nMnpl)MJ.1� RIC/HM08CON3/March 31, 1992 Approved: Page 25 — — — — — Regional Hazardous Materials Emetgcncy RtspOnse Team Agreement Decision Matrix- Page 2 Response Decision Criteria (continued) Risks Rank Modifying conditions - To what degree do the location- t(me. and weather impact L-M-H 1-2-3 the incident ? Location Metro/urban/rural Population Waterways Roadways.access blockage - Time Is time significant? Is day of week significant? Is month significant? Is season significant? Weather I Ambient temperature i Wind speed/direction Precipitation Air Inversion Unknown (assign a rank of 2) Other Variables Are there factors honing a direct or indirect impact on the L-M-H incident? Political tick Critical facilities at risk --Re2ulatory agency involvement Coast Guard Radiological '. Public nerceotionfs) ' Other I Total Score: Boxes 1 + 2 + 3 + 4+ 5 +6 IS 17 Initiate response 15 14 13 12 Refer to SFM I 1 I 0 Flrtd total rank Duty Officer 9 score here 8 No response: 7 provide advice only 6 VNvn'M Hmaw.a in RIC/HMO8C0\3/March 31, 1992 Approved: Page 26 — — — — -- Regional Hazardous Materials Emergency Response Team Agreement EMERGENCY RESPONSE TEAM CONTACT NUMBERS Team# Team Name Contact Dispatch Business HM01 Doug/Coos 1Gene Ellis 269-8911 269-1191 (Roseburg) 2Keith VanAtta 673-4459 (Alternate) 3CIiff Vaniman 4Bill Belding 440-4471 679-8721 (Dist.2) 5Gary Rose 673-5503 (Roseburg) Greg Bullock 673-4459 (Charleston Rural) Duke Groff 888-3268 HM02 Eugene Larry von Moos 687-5111 687-5516 HM03 Gresh Mult Len Malmquist 232-8135 . 669-2505 HM04 Klamath/Lake Mick Mulvey 884-4876 884-0489 John S radley 1(800) 282-8132 882-7336 HM05 Linn/Benton Chuck Harris 928-6911 (Linn) .967-4389 Randy Shaw 757-6911 (Benton) 757-6961. 757-6984 HM06 Portland Bill Henle 232-8135 823-3890 823-3700 HM07 Redmond Kent Barnes 548-5921 548-5921 Carl Johansen Willie Weaver Jim Wilson HM08 So. Oregon Dan Marshall 776-7206 5354222 William Brickner 776-7206 5354222 HM09 Tualatin Dave Nelson 629-0111 649-8577 (Page #2401) Batt 2A John Bartlet Team Vehicle HM10 East. Oregon Hermiston Jim Stearns 567-8822 LaGrande Mike Sherman 963-3123 Ontario Mike Subkis 889-7687 HM11 Astoria Lane Wintermute 325-2345 Leonard Hansen Mike Campbell FAX#IS ATANOTHER LOCATION—CA1LTO VERIFY THEIR ABIL11'Y TO PICK UP FAX PRIORTO SENDING FAX RIC/HM08C0N3/March 31, 1992 Approved: Page 27 — — Regional Hazardous Materials Emergency Response Team Agreement Hazardous Materials Emergency Response Teams Dispatch Approval Process S{- c ti u E° is- � u p' arj) a� F3�c O O 4a aj A � u z�'QO d L O C , E c C W o m u mm QRWF )VIr"Mixm u�tmo r m ryEcp Cgo° O o CQO �Ao ASy� 2 N 0-0 o Smo Q7 c Q v o In 0 O y _ SOW Ua FQ O m Zo z W 4 U Z R. o'C u S-4 m . F n 5` ce QS v , v u C RIC/HM08CON3/March 31,1992 _ Approved:_ Page 28 — — — — — t Regional Ha ardou Materials Emergency Response Team Agmemem EXHIBIT C VEHICLES AND EQUIPMENT LOANS Equipment Purchased as of 02-26-92 I. LIBRARY QUANTITY 89/91 91/93 NFPA Fire Protection Guide on Hazardous 1 ea 63.02 Materials Hawle s Chemical Dictionary 1 ea 49.26 DOT Guidebook 2 ea 8.00 GATX Tank Car Manual I ea 25.00 B.O.E-. Emergency Handling of Hazardous 30.00 Materials in Surface Transportation Farm Chemical Handbook 1 ea 55.50 CHRIS Response Methods Handbook 50.00 Firefighters Guide to Hazardous Material 1 ea 32.77 American Railroad Emergency Action Guide I ea 237.00 SAX Manual 1 ea 33- .75 NIOSH VS Manual 1 ea 5.31 ACGIH Guidebook (Manual) I ea 18.51 Matheson Gas Book and First Aid 1 ea 60.00 Radiological Health Handbook State Clandestine Lab Book - 4th Edition 1 ea 3.50 Merck Index 10th Edition 1 ea 29.75 Firefighter Hazardous Materials Reference 1 ea 107.96 Book Handbook' of-'Compressed Gases 1 ea 70.32 Pestline - 2 vol. 1 ea f12 1.71 SUBTOTAL .40 217.96 H. MAPS AND MIS( EQUMMEba Binoculars 1 ea 104.00 Spotting Scope I ea 154.65 Large Maps, Etc... i Office Supplies First Aid Kit 1 ea 35.36 Traffic Cones 20 ea 276.00 Flashing Strobe Lights 4 ea 63.36 Extra Batteries Hand Cleaner Hand Held Portable Radios 8 ea 3988.08 6 Unit Charger 1 ea 260.00 Single Unit Charger 2 ea 120.00 Mobile Telephone Plastic Bags Barricade Tae 6 rl 58.20 Video Camera & Tri od with color TV. Monitor 1 ca I 1182.00 35mm Camera 1 ea 107.47 Polaroid Land Camera 1 ca 67.93 R1C/HM08CON3/March 31,1992 Approved: Pagc 29 - - - - - - - Regional Hazardous Materials Eme n en ry R es nse Tam Agrcemrnt Flashlights - 2 cell 4 cell Large Li htBox CB Radio Equipment Lines 600 ft/spool Drinking Water Container/Ice Chest 1 ea 37.90 WEATHER PAK 1 ea 5000.00 Weather Station 1 ea - 283.05 Wheel Chocks - 2 2 ea 30.52 Hi-energy food instant hot beverages Suit-to suit Communication 8 ea $3450.00 Hand Truck 1 ea 62.18 Drum Truck 1 ea 184.95 Drum Up Ender 1 ea 27.64 Tire Pump - Electric Coffee pot Pagers C alume Lights / 20 ea of 3 colors 60 ea 87.00 SUBTOTAL 15 231.70 348.59 III PROTECTIVE EQUIPMENT DuraFab Comfort Guard 1Il - 1993 18 ea 3523.50 Chemtex-Sisal - 1992 29 ea 1453.19 ChemFab 5000 - 1992 Trellebor - 1991 6 ea 25974.00 SCBA-SCOTT 8 ea 11992.00 Spare SCBA_Tanks 16 ea 9959.20 Gloves - Neo reneNitrile Butyl Viton -disposable Silver Shield PVC Leather Cryogenic Surgical Goggles 4 pr 29.04 -Disposable foot covers Chemical resistant boots 20.pr 724.00 Coveralls (disposable) 25/cs 2 es 140.40 Earplugs Full ICS Pack Full firefighting tumouts with. Nomex hoods Nomex Jumpsuits 19 ea 1910.45 Hard hats Gear Bags 24 ea 666.00 PASS Device 8 ea 710.32 ISUBTOTAL 56.941.70 140.40 RUC/li\108CON3/March 31, 1992 Approvcd: Pa�c 30 Regional Hvardous Materials Emergency Response Team Agreement Qty. 89/91 91 /93 J V LEAK CONTROL EQUIPMENT Basic Patch Kit Essex Chlorine Kit "A" I ea 1035.00 Chlorine Kit "B" 1 ea 1055.00 Chlorine Kit "C" 1 ea 1145.00 Absorbent booms/Pads - Carry 2 bdls each of OilZorb and HazZorb type pads. Booms - have on hand 80' of 8" Plug N' Dike - 1 gl pails, Petro Seal and Aqua Seal in tubes, 2 - 50 lb bas of Drysorb Aqua Seal - tube Drysorb type absorbent - 2/50 lb bags Air Bag Systems Dome Cover Clamps Misc. Leak Control Equipment: Assorted plugs Assorted fabrics - Butyl, Neoprene and Red Rubber 24 x 24 Assorted pipe unions Assorted clamps Assorted tapes Misc: Silicone caulk, etc... Misc.: . O-rings, nuts, bolts l Lead wool sheet lead Epoxy kits . Misc. Footballs basketballs and tennis balls PVC Pipe SUBTOTAL 1 1 3,235.001 V.TOOLS Basic 215 piece set 1 ea 199.99 Open End/Box End Wrenches - Lar e 6 ea 74.14 Pliers 1 ea 6.99 Locking Pliers 1 ea 8.79 Arc Joint Pliers 1 ea 14.39 Utility Knife 1 ea 2.69 Putty Knife 1 ea 2.69 Wire Brush 1 ea 1.79 Screwdriver Set 1 ea 10.49 Chisel & Punch Set 1 ea 22.49 Drill Index I ea 20.99 28 oz straight claw framing hammer Sledge Hammer - 8 lb. Non-S arkinIg Tools: 2 lb maul I ea 26.57 55 I drum bung wrench (2) 2 ea 54.00 Dead Blow Hammer 1 ea 25.01 Scoop Shovel (2) - Aluminum 2 ea 50.00 RIC/1-IM06CON3/March 31, 1992 Approved: Pa-c 31 Regional Hazardous Materials Emergency Response Team Agreement Crescent Wrench - 12" I ea 60.28 Pinch Bar - 18" 1 ea 22.95 Pie Wrench (2)- 24" 2 ea 264090 Pie Wrench (2) 36" 2 ea 541.40 Scraper I ea 13.95 Screw Driver - Straight tip, large I ea 29006 Tool Box 4 ea 79.96 Misc. Air Tools - drill/ 1/2" chuck, hole saw - 3/4"-3" chisel, impact wrench Air Hose Hand Saw Hack Saw I ea 8,99 Scissors Shovels - round point Shovels - squaretloint Grounding Equipment/Bonding Equipment with grounding rod Pulaski - 2 Axe - pickhead Axe - single bit Pry Bar - 54" Bolt Cutters - 18" Crowbar - 24" Comealon (pulley) Assorted cribbing -FAeasuring Wheel Measuring Tape - 10' Funnels - Misc. Rotary Rescue Saw w/ blades 1 ea 692.49 Easy-outs/Stud Extractors Plastic Milk Crates 5 ea 29.95 Canvas Tool Bag Hydraulic lack 1 ea 34.99 = Aviation Shears - Tight, Left, Straight SUBTOTAL 1.118.071 1 181.87 VI DETECTION EOUIPMENT MSA 261 w/ calibration equip I ea 1594.70 AIM 3000 w/calibration equip 1 ea 1558.90 202.50 Radiological monitor Sensid ne Detection Kit 1 ea 810.00 HazCat Kit 1 ea 2063.66 Refrigerant Detector .S it-f ter 1 tube 35.39 Ammonia and dispenser PH Paper Sampling containers, assorted Drum Sam ler RIC/HMOSCON3/March 31, 1992 Approved: Page 37 — — — Regional Harardom Materials Emergency Response Team Agrecment Qty. 89/91 91 /93 ISUBTOTAL 1 6,062.65 202.50 VII SUPPRESSION EQUIPMENT Foam/25 gl Cot ext. - 20 LB 1 ea 160.30 Class D Powder ABC Dry Chem ext. - 20 lb - 1 ea I ea 57.75 Foam Eductor Foam application nozzles SUBTOTAL 218.05 VIII CONTAINMENT EQUIPMENT Neutralizer: Soda Ash - 20 lb, Lime - 201b Chlorine Bleach - 4 gl Clear Distilled Vinegar - 2 gl Vis ueen 2 rl 22.68 Overpack drums 85, 65, 35 Lab Packs i. ._ SUBTOTAL 22.68 IV DECONTAMINATION EQUIPMENT Solution ingredients Brushes - Short Handle Brushes - Long Handle Towels and rags 16 x 20 Tarps 2 containment Decontamination Shower Emergency eyewash kit-saline solution 1 ea 188.00 Barden hose with nozzle & adaptor Inflatable kiddie pool 12/cs 2 cs 71.88 SUBTOTAL 188.00 71.88 SPECIAL EQUIPMENT White Plexiglas board Plotting Board Portable FAX Machine I ea 725.00 Microcassette Recorder 2 ea 459.00 Siphon Pump. Color Smoke Bombs Tracing Dye (Solid and liquid) Portablc Shelter (optional) Calculator I ea 22.95 Solar blankcts 6 ea 28.50 Extension Cords - 50 ft, 2 ea 1 66.40 RIC/11\408COM/March 31, 1992 Approved: Page 33 — — — — — — — Regional Hazardous Materials Emergency Response Tram Agmement Extension Cords - 100 ft 2 ea 120.10 Porta-Potty - Optional SUBTOTAL 1 697.25 725.00 MISC. EQUIPMENT - VEHICLE Macintosh Ilci Computer System/Software 1 ea 9520.89 88.00 UPS 1 ea 975.00 128 ChannelRadio- VHF 1 ea 776.78 128 ChannelRadio- UHF 1 ea 834.65 SUBTOTAL 12 107.32 88.00 SUBTOTALS: LIBRARY $1275.40 $217.96 MAPS & MISC. $15231.70 $348.59 PROTECTIVE EQUIPMENT $56941.70 $140.40 LEAK CONTROL EQUIPMENT $3,235.00 ( TOOLS $1,118.07 $1181.87 DEIECTION.EQUIPMENT $6,062.65 $202.50 SUPPRESSION EQUIPMENT $218.05 CONTAINMENT EQUIPMENT $22.68 DECONTAMINATION EQUIPMENT $188.00 $71.88 SPECIAL EQUIPMENT $697.25 $725.00 MISC. EQUIPMENT $12.107.32 $88.00 TOTAL EQUIPMENT PURCHASED 89/91 BIENNIUM $97,097.82 VEHICLES PURCHASED 89/91 BIENNIUM $223.708.08 TOTAL $320,805.90 EQUIPMENT PURCHASED TO DATE-91/93 BIENNIUM $2976.20 SOMAC449D RIC/HM08C0N3/March 31, 1992 Approved: Page 34. Regional Hazardous Materials Emergency Response Team Agreement - Equipment Purchased and Issued to Grants Pass As of 02-26-92 QTY 89/91 91/93 11. MAPS AND MISC. EQUIPMENT Portable Radios 8 ea 3,988.08 . 6 Unit Charger 1 ea 260.00 Single Unit Charger 2 ea 120.00 Weather Station 1 ea 283.05 III PROTECTIVE EQUIPMENT SCBASCOTT 8 ea 11,992.00 Spare SCBA Tanks 16 ea 9,959.20 Coveralls (disposable) 25/cs 2 cs 140.40 PASS Device 8 ea 710.32 IV LEAK CONTROL EQUIPME NT Chlorine Kit "A" 1 ea 1,035.00 Chlorine Kit "B" 1 ea 1,055.00 Chlorine Kit "C" 1 ea 1,145.00 ( V.TOOLS Basic 200 piece set I ea 199.99 Open End/Box End Wrenches - Large 6 ea 74.14 Pliers 1 ea 6.99 Locking Pliers 1 ea 8.79 Arc Joint Pliers 1 ea 14.39 Utility Knife 1 ea 2.69 Putty Knife I ea 2.69 Wire Brush 1 ea 1.79- Screwdriver Set 1 ea 10.49 Chisel & Punch Set 1 ea 22.49 Drill Index 1 ea 20.99 Tool Box 4 ea 79.96 Hack Saw I ea 8:99 Rotary Rescue Saw I ea 692.49 Plastic Milk Crates 5 ea 29.95 Hydraulic Jack I ea 34.99 VI DETECTION EQUIPMENT MSA 261 w/calibration equip i ea 1;594.70 Sensidyne Detection Kit 1 ea 810.00 R1C/llM08C0N3/March 31, 1992 Approved: Pagc 35 - - - Regional Hazardous Materials Emergency Response Team Agreement QTY 89/91 91/93 VII SUPPRESSION EQUIPMENT ABC Dry Chem ext. - 20 lb - 1 ea 1 ea 57.75 IV DECONTAMINATION EOUIPMEN7 Inflatable kiddie pool 12/cs 2 cs 71.88 SPECIAL EQUIPME NT Portable FAX Machine 1 ea 725.00 MISC.EQUIPMENT UPS 1 ea 975.00 128 ChannelRadio- VHF 1 ea 776.78 128 ChannelRadio- UHF 1 ea 834.65 Total Equipment Purchased 89/91 $35,343.43 ( Total Equipment Purchased 91/93 $2,402.00 SOMAC450D RIC/HMO8CON3/March 31, 1992 Approved: Page 36 — — — Regional lia,,ardou5 Materials Emergency Response Team Agreement EXHIBIT D Specialized Training Expenses Specialized Training Expenses will be provided under this Agreement as follows: Team Training 30 Personnel at $3,000 each $ 90,000 Personnel Replacement Costs Personnel replacement costs may be provided, IF funding is available, as follows: 30 Personnel at$2,000 each $ 60,000 Local Coordination of Team Functions $ 10,000 Allotment for Coordination of hazardous materials emergency response team functions with local jurisdictions within the primary response area. Total Specialized Training Expenses $ 100.000 Additional Personnel Replacement Costs $ 60.000 (IF funding available) • Note: It is agreed that a roster of 35 team members may be maintained under this agreement, however, funds for specialized training is based on 30 team members, and funds for the additional 5 team member may not be available. RIC/I IM08CON3/June 24,1992 Approved:_ Page 37 Regional Hazardous Materials Emergency Response Team Agreement EXHIBIT E Medical Surveillance Allocation of funds for Baseline,Maintenance and Exit Physicals for each team member. 30 Personnel at $400 each $ 12.000 TOTAL MEDICAL SURVEILLANCE $ 123000 " Note: It is agreed that a roster of 35 team members may be maintained under this agreement, however, funds for medical surveillance is based on 30 team members, and funds for the additional 5 team member may not be available. 1 _ RIC/1-1M08C0N3/June 24,1992 Approved:_ Page 38 Regional Hazardous Materials Emergency Response Team Agreement EXHIBIT F Compensation for Vehicles and Apparatus State to provide the following compensation for use of Contractor's vehicles and apparatus in response to a hazardous materials incident: Vehicles Rate Per Hour Team Pumper $ 150.00 Team Medical Vehicle 75.00 Team Support Vehicle 50.00 Team Staff Vehicle 50.00 Communications Cellular Phone 50.00 per incident Other associated costs: Replacement and/or repair costs for damaged and/or expended equipment and supplies shall be charged on an actual.cost basis. RIC/HMO8CON3/June 24,1992 Approved: Page 39 Regional Hazardous Materials Emergency Response Team Agreement EXHIBIT G Personnel Expense Reimbursement Schedule State to provide the following compensation for Contractor's personnel utilized in response to a hazardous materials incident: Rate Per Hour Team Chief 98.00 Team Leader 94.00 Technician/ Specialist 82.00 Support Personnel 50.00 Recalled Personnel Actual Cost These rates are subject to annual review based upon increase in labor contracts. "Note: Minimum Response Charge is $300.00 C RIC/llM08CON3/Junc 24,1992 Approved:_ Page 40 Regional Hazardous Materials Emergency Response Team Agreement EXHIBIT H Summary of Contract Value Vehicles and Equipment Loans - (See Exhibit C) Equipment Purchased 89/91 Biennium $ 97,097.82 Equipment Purchased 89/91 Biennium& 35,343.43 Issued to Grants Pass Equipment Purchased 91/93 Biennium 2,976.20 (As of 2-26-92) Equipment Purchased 91/93 Biennium & 2,402.00 Issued to Grants Pass TOTAL EQUIPMENT VALUE $ 149,819.45 1 HazMat Vehicle Purchased 89/91 Biennium $ 111,854.04 1 HazMat Vehicle Purchased 89/91 Biennium 111,854.04 TOTAL VALUE OF VEHICLES $ 223,708.08 �. Specialized Training Expenses, (See Exhibit D) 89191 Biennium Team Training $ 31.80 91/93 Biennium Team Training $ 90,000.00 Local Coordination of Team Functions 10,000.00 Personnel Costs (IF funding is available) 60.000.00 TOTAL TRAINING EXPENSES $ 160,031.80 Medical Surveillance-'(See Exhibit E) 89/91 Biennium Baseline, Maintenance & Exit Physicals $ .00 91193 Biennium Baseline, Maintenance & Exit Physicals $ 12.000.00 TOTAL SURVEILLANCE $ 12.000.00 TOTAL MAXIMUM CONTRACT VALUE $ 545.557.33 RIC/HM08C0N3/March 31, 1992 Approved: Page 41 — — — — Regional Hazardous Materials Emergency Response Team Agreement r' Approving Signatures: On Behalf of the State of Oregon, Dated this day of , 1992 Everett G. Hall State Fire Marshal On Behalf of the State Attorney General, Dated this day of , 1992 Printed Name �.. On Behalf of the State Risk Management Division —" (Insurance Review Only), Dated this day of , 1992 Printed Name On Behalf of Dated this day of , 1992 I . Signature Printed Name 15tle Address City Zip RIC/HM08CON3/March 31, 1992 Approved:_ Page 42 o Regional Hazardous Materials Emergency Response Team Agreement On Behalf of- Dated this day of 11992 Signature Printed Name Title Address City Zip On Behalf of Dated this day of , 1992 Signature Printed Name Title Address City Zip On Behalf of Dated this day of , 1992 Signature Printed Name Title Address City Zip On Behalf of Dated this day of , 1992 Signature Printed Name Title Address City Zip RUC/HMOSCON3/March 31, M2 Approved: Page 43 - - - - Regional Hazardous Materials Emergency Response Team Agreement On Behalf of Dated this day of , 1992 Signature Printed Name Title Address City Zip On Behalf of Dated this day of 11992 Signature Printed Name Title Address City Zip On Behalf of Dated this day of , 1992 Signature Printed Name :. Title Address City Zip On Behalf of Dated this day of , 1992 Signature Printed Name Title Address City Zip RIC/HM08CON3/March 31, 1992 Approved:_ Page 44 Regional Harardom Materials Emergency Response Team Agreement ADDENDUM 1 Additional Agreement Terms RIC/1-IM08CON3/March 31,1992 Approved:_ _ Page 45 Regional Hazardous Materials Emergency Response Team Agreement ADDENDUM 2 ( Additional Agreement Terms Section 2.19.3 is amended to read as follows: Section 2.19.3 Automobile Liability: Contractor and State shall obtain and keep in effect automobile liability insurance, or its equivalent for self-insured Contractors, for their respective vehicle(s) during the term of this Agreement. "The Contractor shall obtain "hired" auto coverage for responding with State vehicles when not acting under State authority, as in section 2.10.2." This coverage may be written in combination with the comprehensive or commercial general liability insurance mentioned in section 2.19.2. Auto liability coverage limits shall not be less than five hundred thousand dollars ($500,000) combined single limit occurrence, or equivalent. Inclusion of this addendum is signified by initials below. r _ RIC/lIM08CON3/June 24,1992 Approved: Page 46 ASHLAND FIRE DEPARTMENT MEMORANDUM August 12, 1992 TO Mayor Golden and City Council FROM Keith E. Woodley, Fire Chief SUBJECT Rogue Valley Fire Chiefs' Mutual Aid Contract Recent conflagrations which have occurred in and around the Rogue Valley have underscored the importance of a well-rehearsed, organized plan for mutual assistance activities between fire protection jurisdictions. While these plans have been in effect for a number of years, an effort is now underway to consolidate all existing agreements into a common mutual assistance agreement. Attached please find a copy of the new mutual aid agreement between the City of Ashland, and other agencies within the Rogue Valley. This is not an original, as the original is still in circulation to obtain signatures. The action requested of the Council is to authorize Mayor Golden and myself to sign on behalf of the City Of Ashland. MUTUAL/AUTOMATIC AID AGREEMENT JACKSON/JOSEPHINE COUNTIES WHEREAS, the parties hereto recognize the likelihood that fires or other like disasters occurring in their respective territories could reach such proportions that it would be impossible to control them with the equipment and personnel of any single agency, and WHEREAS, the parties recognize the necessity to facilitate and comply with ORS 476.510 to 476. 610 (Oregon Emergency Conflagration Act) , and WHEREAS, it is necessary and proper that Mutual and Automatic Assistance Plans be entered into by the undersigned for the mutual protection of life and property, IN CONSIDERATION of the covenants herein contained, each of the undersigned agrees: 1. To furnish firefighting equipment and personnel, upon request when available, to any of the other undersigned when such assistance is necessary and appropriate. 2. That each party shall have the right to determine priority for providing fire suppression and/or other emergency service to any other party under this agreement. This determination shall be the responsibility of the commanding officer of the agency sending the assistance. 3. That the officer in charge of the responding organization may, in the exercise of best judgement and discretion, decline to commit apparatus or personnel to a position which would dangerously imperil such resources. 4. That a responding organization shall be released by the requesting organization as soon as the services of the responding organization are no longer required or when the responding organization is needed within its own jurisdiction. 5. That none of the parties hereto shall be held liable to any other party for damage to property, loss of ,equipment, injury to personnel, or for the payment of any compensation arising in the course of, or as a result of, any assistance or lack of assistance rendered under the terms of this Agreement. This provision does not waive the legal rights of any individual. 6. That the chief executive officer of each fire department of the parties to this Agreement is authorized and directed to meet and draft such Rules of Procedure as shall best accomplish the purpose of this Agreement. PAGE 1 of 6 7. That aid and assistance rendered by the signatories hereto under the Oregon Emergency Conflagration Act, state and national forest fire defense plans, and civil defense plans, shall not be governed by the terms of this Agreement. 8. That each party may develop automatic aid assistance and move-up procedures with other agencies. Such procedures shall be pre- programmed and pre-arranged. Each party is responsible for the development of its own automatic aid and move-up procedures. 9. That automatic aid and move-up procedures shall be periodically reviewed and updated. Each party is responsible for the coordination of resources and response with other agencies. 10. That additional fire protection agencies may be added as parties to the Agreement from time to time. Such agencies shall first be recommended for addition by the Rogue Valley Fire Chiefs Association and be approved by the chief executive officer of each of the existing parties. Any additions shall be made by means of attachment to the Agreement. 11. That the continued failure by any party to meet the requirements established herein, shall be considered to be just cause for the removal as a participant in this Agreement. Such action shall first be recommended by the Rogue Valley Fire Chiefs Association and be approved by the chief executive officer of each of the existing parties. 12. That any party may withdraw from the entirety or attachments hereto of this Agreement by giving thirty (30) days written notice of its intent to withdraw to each of the other parties. IN WITNESS WHEREOF, each of the undersigned has caused this agreement to be signed by its duly authorized officers. This document shall supersede and repeal the Jackson County Mutual Assistance Agreement signed in 1983, the Josephine County Agreement for Mutual Aid in Fire Suppression dated October 1, 1977, and the Jackson County Automatic Aid Agreement signed in 1975. The effective date of this agreement shall be July 1 1992 Any party not identified below may be added in accordance with Section 10 of this agreement. The original signed copy of this agreement shall be maintained on file at Jackson County Fire District No. 3 . (see list on attached pages) PAGE 2 of 6 MUTUAL/AUTOMATIC AID AGREEMENT JACKSON/JOSEPHINE COUNTIES SIGNATURES APPLEGAT RURAL FIRE. DISTRICT NO. 9 Date: 7- By: By: "Title: Title: ASHLAND FIRE DEPARTMENT Date: By: By: Title: Title: BUTTE FALLS FIRE DEPARTMENT Date: By: By: Title: Title: CENTRAL POINT FIRE DEPARTMENT Date: Z- By: /Ics2�1 an By: � Title: Title: COLESTINE. RURAL FIRE DISTRICT Date: By: By: Title: Title: EAGLE POINT/ FIRE DEPARTMENT O Date: By: By: Title: Title: EVANS VALLEY FIRE DISTRICT NO. 6 Date: By: By: Title: Title: PAGE 3 of 6 GOLD HILL FIRE DEPARTMENT Date: ��5� By: By: Title: Title: GRANTS PASS DEP OF PUBLIC SAFETY Date: �r 199a By: S. By: Title: Title: ILLINOIS VALI EY FIRE DISTRICT Date: By: _ By: awlIzz. Title: Aea� ;/;� � Title: p�tiLC JACKS O OUNTY F DIS RICT 3 Date: By: By: Title: Title: JACKSON COUNTY FIRE DISTRICT NO.jp . Date: . By: By. Titl C�(!�ca. rCS 0 � Title: JACKSON CPWTY FIRE DISTRICT NO. �}L Date: By: �7 By: Ti le: Z Portj Title: JACKSONVILLE FIRE DEPARTMENT Date: By: By: Title: Title: MEDFORD CITY/RURAL FIRE DEPARTMENT Date: By: By: Title: Title: PAGE 4 of 6 MEDFORD/JACKSON COUNTY AIRPORT CFR Date: By: By: Title: Title: PHOENIX FIRE DEPARTMENT Date: By: By: Title: Title: PROSPECT RURAL FIRE DISTRICT Date: By: By: Title: Title: ROGUE RIVER RURAL FIRE DISTRICT Date: By: By: Title: Title: OREGON DEPT OF FORESTRY, SW DISTRICT Date: By: By: Title: Title: TALENT FIRE DEPARTMENT Date: By: By: Title: Title: VALLEY FIRE V�/J Dat : S- Z 4 Z By: By; Title: GItec CH/er Title: p• c-+f t EF VETERANS ADMINISTRATION, WHITE CITY Date: By: By: Title: Title: PAGE 5 of 6 WILLIAMS R RAL FIRE DISTRICT Da By: /`� By: Title: Title: /v C-6 PAGE 6 of 6 •,1i++GFc���0 . ° = � Pmarttxtr� ixm G4EGGa August 26, 1992 II. Mayor and City Council ram: Brian L. Almquist, City .Administrator p� �C.Ubjec - Water Appeal - Tolman Creek Mobile Park Attached is a letter from the owners of the Tolman Creek Mobile Home Park, requesting that the Council give an allocation of 3600 cu. ft. to each manufactured home in the Park, rather than basing their allocation on commercial meter size. As you can see from the letter signed by Steve Hall and I, denying the request, the Park used an average of 14 ,925 cu. ft. per meter last Winter and 31, 483 cu. ft. per meter last Summer. If all users are asked to cut back their consumption by 20%, the summer average for the Tolman Creek Mobile Park should be 25, 186 cu. ft. per meter, or a total of 50, 372 cu. ft. for both meters. The allocation for each of the two 2" meters is 33 , 000 each or a total of 66, 000 for both. I cannot justify increasing the allocation beyond the 66, 000 which is already 5% higher than last Summer's average consumption. However, the final decision rests with the City Council, under Sec. 14 . 06. 060 (D) of the curtailment ordinance. Attachment (1) (d:\pw\water\cooper.Ne ) - - Tolman Creek Park 1983 Crestview Drive Ashland, OR 97520 (503) 488-4461 . August 24, 1992 Mayor and The City Council City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Ladies and Gentlemen: Enclosed are copies of recent correspondence between myself and the City Staff regarding water rationing.. I believe that the correspondence shows a significant weakness in the water ration- ing program. The program assumes that water meters use water, when 'in fact people use water. This assumption results -in an unequal burden for residents of Ashland. . Even within the Tolman Creek Park, some residents are allocated 1, 571 cubic feet per month, .while others are allocated 2 , 063 . Meanwhile, other residents of Ashland who have residential meters are allocated 3 , 600 cubic feet per month. The inequities demonstrated above result because the program allocates water based on meter size rather than people. I have discussed water rationing with the tenants in the park. They are extremely concerned and supportive of the city ' s efforts to conserve water. These people take pride in doing their part to help. The two meters in Tolman Creek Park are two (2) inches each. According to the City Water Division Supervisor, this essentially amounts to self-imposed water rationing in that the pressure is very low for serving 37 households. If we had three-inch meters instead of two-inch meters, we would be allocated an additional 20, 000 cubic feet per month even though our water needs would be unchanged. I feel this is another example of the weakness in the program design. We recognize the difficulty of designing an equitable program. On the surface meter size would seem to be a reasonable basis for allocation, but I feel the above data illustrates that it is not. Because of this, the city needs to have some flexibility in administering the program. After I received the July 29 letter from Steve Hall, I went to his office to discuss the situation. That is where I learned that there is no flexibility in the administration of the pro- gram. The staff apparently is not willing to take time to apply reasonable judgement to the situation. Essentially they say, if you don't like it, appeal to the council. i _ y City .of Ashland August 24 , 1992 Page 2 I have discussed this situation with other commercial property owners, and this is not an isolated problem. The rationing of water by commercial meter size is not always equitable and there- fore requires some human judgement. Since water rationing may be with us for some time, I urge you to direct staff to put. some reasonable judgement into this program in order to preserve equity and community support. I am interested in your thoughts and comments regarding the contents of this letter and encourage you to contact me if you would like to discuss this matter. Sincerely, Dennis K. Cooper Tolman Creek Park DKC:alm CC: Brian Almquist Steve Hall TOLMAN CREEK PARK, LTD. 1983 Crestview Drive Ashland, Oregon 97520 (503) 482-1615 July 17 , 1992 Mr. Steve Hall Director Public Works City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Mr. Hall: The purpose .of this .letter is to request an adjustment in the application of the City ' s new water rationing ordinance as it applies to Tolman Creek Park. The Mobile Home Park has two commercial "D" water mains which serve 37 households and a large planted common area. (account #s 025-031808-01 and 025-031816-01) . The lots are approximately 6, 000 square feet each, and the homes range in size from 1 , 250 square feet to 2 ,000 square feet. Each household is substantial- ly the same as any other residential household in Ashland. We request that the Mobile Home Park be treated as 37 residential households for water rationing purposes . This will put the mobile home owners on an equal basis with other Ashland home owners . We feel this approach will create a more equitable application of the ordinance, and it will also enable the park management to encourage water conservation equitably amongst the. tenants. Thank you for your attention to this matter. Sincerely, Tolman Creek Park, Ltd. Dennis K. Cooper CITY OF ASHLAND . CITY HALL ASHLAND,OREGON 97520 telephone(code 503)482-3211 July 29, 1992 Mr. Dennis K. Cooper Tolman Creek Park, Ltd 1983 Crestview Drive Ashland, Oregon 97520 Re: 215 Tolman Creek Road Water Curtailment Exemption Request The last year's history of your two meters indicate the following: --------------------------------------------------------------------------------------------------- Meter Winter Average Summer Average Allotment Size cubic feet cubic feet cubic feet ---- ---- - ----' -- --- ---- ------ ----- /Ulu a, 15953 34,308 33,000 7 157 a---------- -------------------13,897----------------------------658 33,000 —_Zoe3 - ----------------------- p 25 YSo G7i9GG __-� � 7o7 ILA w / -� Ea�fuwf With some adjustments to your landscape irrigation, you should be able to stay withm the allotment for the meter size. Your request for an exemption is denied for Phase I water rationing. We have a brochure available for no cost which has some excellent lips on how to conserve water with your landscaping. The brochure is available at City Hall in the Utility Department. If you or any of your tenants wish more information on water conservation, or to have a water audit, please call 488-5306. Sincerely yours, Steven M. Hall, P.E. Public Works Director SMH: mpi\CmperJtr i U `'Brian Atmquist Vate City AdministratfAcco cc: Karen Hing Accountant Russ Chepresentative Rhonda , orks Secretary Robbin Smith,—E11 re gy Analyst