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
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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
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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.
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Dated this 1st day of September, 1992.
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Catherine Golde n, Mayor '_M
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Nan E. Franklin
City Recorder
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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
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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
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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
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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
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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:_
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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:_
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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:_
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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:
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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:_
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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:_
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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.
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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
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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
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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
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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