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1994-1220 Council Mtg PACKET
Im or n : Any citizen attending Council meetings may speak on any item on the agenda, unless it is the subject of a public hearing which has been closed. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The Chair will recognize you and inform you as to the amount of time allotted to you. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to be hea and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 20, 1994 I. PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers II. ROLL CALL IYI. APPROVAL OF MINUTES: Regular Meeting of December 6, 1994. SPECIAL PRESENTATIONS AND AWARDS: 1. Certification of Appreciation to Councillor Pat Acklin. 2. Certification of Appreciation to Councillor Phil Arnold. 3. Certification of Appreciation to City Recorder Nan E. Franklin. JV. CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - October and November, 1994. 3. City Administrator's Monthly Report - November, 1994. 4. Confirmation of Mayor's appointment of Richard L. Whitall and Vince James to Tree Commission to fill vacancies in terms expiring April 30, 1996. JVI. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). J VII. UNFINISHED BUSINESS: 1. Approval of Mutual Agreement and Order on completion of facilities for Wastewater Treatment Plant. 2. Discussion on policy paper and goals and objectives for wastewater treatment plant. VIII. NEW AND MISCELLANEOUS BUSINESS: 1. Request by Airport Commission for approval of 3 hangar sites and lotter selection process for Ashland Municipal Airport. J2. Memorandum from Recycling Task Force requesting expanded role as a Conservation Commission. 3. Recommendation on proposed rate increase by Ashland Sanitary Service, Inc. 4. Oral report by Director of Finance on City of Ashland investment policies. J 5. Staff report on water supply and status of Conservation programs. 6. Appointment of City Council representative to the Medford Water Reclamation Project steering committee. 7. Request by City Administrator to proceed with elevator project at City Hall in cooperation with Oregon Shakespeare Festival. IX. ORDINANCES. RESOLUTIONS & CONTRACTS: 1. First reading of "An Ordinance amending Section 3.08.080(E) of the Ashland Municipal Code to meet requirements of raI Tax Code for employee contributions for retirement." 9 /69 2. Reading by title only of A Resolution authorizing City Administrator to take necessary action to meet reuirements of Federal Tax Code to exclude from taxation employee contributions to PERS." �9`f-70 3. Reading by title only o "A Resolution authorizing signatures for banking services on behalf of the City of Ashland." X. OTHER BUSINESS FROM COUNCIL MEMBERS XI. ADJOURNMENT MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL December 6, 1994 CALLED TO ORDER The meeting was called to order by Mayor Golden at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councillors Laws, Reid, Hauck, Acklin, Winthrop were present. Councillor Arnold was absent. APPROVAL OF MINUTES The minutes of the Regular meeting of November 15, 1994 were accepted as presented. SPECIAL PRESENTATIONS AND AWARDS 1. Mayor's proclamation of Saturday, January 7, 1995 as "Christmas Tree Recycling Day in Ashland". 2. Mayor's proclamation of December as "National Drunk and Drugged Driving Prevention Month". CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. 2. Monthly departmental reports - October and November, 1994. . 3. Mayor's appointment of Ron Bass to Planning Commission for term expiring April 30, 1997. 4. Liquor license application from Dragonfly Bistro, Inc., 70 Water Street (Ann, Robert and Guy Clouse, applicants). Councillors Winthrop/Acklin m/s approval of Consent Agenda. Voice vote all AYES. PUBLIC FORUM: Business from the audience not included on the agenda (limited to 3 minutes per speaker and 15 minutes total). No comments. UNFINISHED BUSINESS 1. Update by Councillor Winthrop on discussions with DEQ regarding Wastewater Treatment Plant upgrade. Councillor Winthrop presented information from meetings and discussions with DEQ representatives, City staff, and project engineers. DEQ has prepared a Mutual Agreement and Order (MAO) for Council consideration. Councillor Winthrop introduced two DEQ (r.Mint \1s-6A4.min)pg. I i representatives: Jon Gasik, Sr. Engineer of Water Quality, DEQ in Medford, and Gary Arnold, Non-point Source Specialist, DEQ in Medford. Gasik advised the MAO is a boilerplate prepared by DEQ. City Attorney Paul Nolte reviewed MAO with Council. Nolte noted his concern with process allowing DEQ to inspect and find violation by City without notice and/or benefit of hearing prior to penalty fee being imposed for non- compliance. Nolte believes this MAO waives any right City may have regarding fines, violations and/or hearings. Council requested responding to DEQ with our concerns regarding the MAO and the DEQ timetables. Council requested staff prepare further information and return to Council at December 20, 1994 meeting. NEW AND MISCELLANEOUS BUSINESS 1. Letter from Ashland Sanitary Service requesting that Mayor appoint a Council Committee to review proposed rate increase. Councillors Reid, Acklin, and Arnold were appointed to the Committee. 2. Letter from Ashland Community Hospital requesting Council approval of capital improvement expenditures. Hospital Administrator Jim Watson reviewed the request with Council. Councillors Laws/Hauck m/s approval of request. Voice vote all AYES. 3. Acceptance of audit report for Fiscal Year 1993-94. Director of Finance Jill Turner presented audit report and report to management letter from auditors Coopers & Lybrand. Councillor Reid suggested early Budget Committee meetings to familiarize members with audit report. Councillor Laws noted the reference made to the continuing internal control issues in the Municipal Court accounting controls. Councillors Laws and Winthrop requested a written report be prepared by the December 20 meeting to update Council on changes made in Municipal Court accounting controls. Councillors Acklin/Hauck m/s acceptance of report. Voice vote all AYES. 4. Notification of proposed logging operation on north Ashland viewshed. Public Works Administrative Assistant Pam Barlow presented information to Council on the permit received from the Department of Forestry. Barlow used aerial photos and transparencies to indicate the approximate area impacted by the planned operation. Forest Commission Chairperson Bill Robertson discussed the possibility of purchasing the property in question. Robertson stated private ownership has the advantage to receive funding assistance for forest management that is not available to municipalities. (r:Minutw\12-694.niW pg.2 Gary Hegler, P.O. Box 70183 Eugene, is currently participating in the Oregon Stewardship Incentive Program (SIP). Hegler asked the City to attempt to contact the property owner with information about SIP that may offer benefits to him, Councillor Acklin suggested writing to Mr. Falk to request information from him regarding his plans. Also, Councillor Acklin asked that staff provide Mr. Falk with information on Federal and State programs to assist private property owners with forest management planning work and assistance with financing; possibly assist his efforts by offering to work on connecting fuel breaks from his property to City property; ask if he plans for slash removal; and ask exactly what areas are planned to be logged. Council asked for a staff report at the December 20 meeting. ORDINANCES RESOLUTIONS & CONTRACTS 1. First reading of "An Ordinance repealing vehicle weight limit on Oak Street". r Public Works Director Steve Hall reviewed request with Council. Janet Williams, 1115 Oak Street, expressed her concerns about increased truck traffic when the weight limit is removed. David Beaudoin, 815 Oak Street, addressed his concerns to Council regarding safety issues on Oak Street. He and other residents are adamantly opposed to this request. Neighbors have approached Traffic Safety Commission and are working on a neighborhood transportation plan. This change negates the work they are doing and is not in keeping with the information they received from Traffic Safety Commission. Marcus Mayfield, 1152 Oak Street, addressed some additional concerns tosCouncil regarding alternative transportation planning. Neighborhood goal is to develop a neighborhood plan incorporating alternative transportation. Mayor Golden stated she resides on:0ak Street and has been concerned for some time at the lack of sidewalks, bike lanes, and the high rate of speed used by most vehicles who travel there. Mayor hoped to see plans for an LID for Oak Street to begin addressing sidewalk issues. Councillor Reid asked Public Works if Oak Street had been targeted for sidewalk improvements. Public Works Administrative Assistant Pam.,Barlow noted that Oak Street had been identified for that improvement. Councillors Laws stated that work is being done on these problems and suggested setting aside the proposed Ordinance until more of the planning work has been done. Councillor Winthrop asked to table the Ordinance and erect signs showing weight limits for the interim and encourage enforcement of the limits. Councillor Laws asked that companies whose trucks travel on Oak Street be notified so they could present their side of the issue to Council. Councillor Winthrop would like an update on these issues from staff at a future meeting. (r:Mince\(2-694.miu)pg.3 I�. No action was taken on the Ordinance. , 2. Reading by title only of "A Resolution of intention to provide for improvements to Ann and Clinton Streets and setting a public hearing". Councillors Hauck/Winthrop m/s adoption of Resolution 94-66. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop, YES. Motion passed. 3. Approval for Public Works Director to sign agreement with DEQ on completion of facilities plan for Wastewater Treatment Plant. No action was taken. 4. Reading by title only of "A Resolution declaring canvass of the vote and Mayor's Proclamation on the election held on November 8, 1994". Councillors Laws/Acklin m/s adoption of Resolution 94-67. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. 5. Reading by title only of "A Resolution authorizing the acquisition of property for the purpose of construction of the Central Ashland Bikepath". City Attorney Nolte advised Council there was a typographical error in Section of the proposed Resolution. Nolte noted that if Council approved Resolution tonight, he would correct Resolution. Councillors Reid/Hauck m/s approval of Resolution 94-68. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS 1. Councillor Winthrop referred to a letter from him via RVCOG requesting Council attendance at RVCOG Growth & Livability Project meeting on December 14. He encouraged attendance by all elected officials. 2. Councillor Reid encouraged the implementation of early Budget Committee meetings prior to the regular Budget Committee meeting schedule. ADJOURNMENT The meeting was adjourned at 9:30 p.m. to Executive Session. Nan E. Franklin, Recorder Catherine M. Golden, Mayor (r:Minutu\12-6-94.nun)pg.4 IN APPRECIATION FROM THE MAYOR AND CITY COUNCIL, EMPLOYEES, AND CITIZENS OF THE CITY OF ASHLAND IN RECOGNITION OF EXEMPLARY SERVICE WHEREAS, PAT ACKLIN has served the City of Ashland with distinction for fourteen years in the capacity of. City Councilor beginning with her appointment on January 20, 1981; and WHEREAS, she has achieved recognition for innovations and improvements in citizen input to the Planning Commission; for envisioning and implementing a Forest Lands Commission; for improving relations between the City and the business community through.her liaison with the Visitors' and Convention Bureau; for the successful institution of goal setting for the Council; encouraging increased diligence and community education regarding . environmental issues; and as a ten-year member of the Ashland Community Hospital's Board of Trustees, championing the implementation of the goals of the Ashland Community Hospital's Strategic Planning Committee. WHEREAS, these proud accomplishments constitute a legacy for our community that will continue to afford our citizens the benefits of these positive achievements; and WHEREAS, her involvement has not been for personal recognition, but for the satisfaction of having made a positive difference in our community. NOW, THEREFORE, we, individually and as a body, hereby express our deepest affection and heartfelt appreciation to PAT ACKLIN and wish her success in all her future endeavors. PRESENTED this sixteenth day of December, nineteen hundred and ninety- four in the presence of the undersigned. Catherine M. Golden Brian L. Almquist Mayor City Administrator IN APPRECIATION FROM THE MAYOR AND CITY Comm, EMPLOYEES, AND THE CITIZENS OF THE CITY OF ASHLAND IN RECOGNITION OF EXEMPLARY SERVICE WHEREAS, G. PHILIP ARNOLD has served the City of Ashland with distinction in the capacity of City Councilor for a total of ten years; and WHEREAS, he has achieved recognition for innovations and improvements in the accessibility of City services to the disabled; for envisioning and empowering the Bicycle Commission's efforts to implement a bikepath plan; for the enactment of our affirmative action policy; and has been instrumental in the development of our City's recognition and involvement in the Martin Luther King, Jr. Holiday celebration; originating the affordable housing program and homeless committee; and successfully implementing the social services program of the General Fund; and WHEREAS, these successful achievements contribute to a legacy of diligence and commitment to an improved community for all citizens of our town as well as the employees of the City of Ashland through concerted efforts in the form of more effective and efficient methods of operation in this municipal corporation that has been our common entity; and WHEREAS, his involvement has not been for personal recognition, but for the satisfaction of having made a positive difference in our community. NOW, THEREFORE, we, individually and as a body, hereby express our affection and appreciation to G. PHILIP ARNOLD and wish him success in all his future endeavors. PRESENTED this sixteenth day of December, nineteen hundred and ninety- four in the presence of the undersigned. Catherine M. Golden Brian L. Almquist Mayor City Administrator IN APPRECIATION FROM THE MAYOR AND CITY COUNCIL, EMPLOYEES, AND CITIZENS OF THE CITY OF ASHLAND IN RECOGNITION OF SERYICE AND FRIENDSHIP WHEREAS, NAN E. FRANKLIN has served the City of Ashland with distinction in the capacity of City Recorder/Treasurer since being appointed May 3, 1977; and WHEREAS, prior to her service as City Recorder/Treasurer she served in the Police and Finance Departments for a total of eleven years; and WHEREAS, her professional accomplishments constitute a legacy to our community in the form of more effective and efficient methods of operation in this municipal corporation that has been our common entity; and WHEREAS, first and foremost, Nan is a good friend, and our associations have been enriched by qualities possessed by her that are implicit in the word "friend". NOW, THEREFORE, we, individually and as a body, hereby express our dearest affection to NAN E. FRANKLIN and with much appreciation wish her success in all her future endeavors. PRESENTED this sixteenth day of December, nineteen hundred and ninety- four in the presence of the undersigned. Catherine M. Golden Brian L. Almquist Mayor City Administrator ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES NOVEMBER 8, 1994 CALL TO ORDER The meeting was called to order by Barbara Jarvis at 7:05 p.m. Other Commissioners present were Thompson, Cloer, Finkle, Armitage, Carr, Bingham, and Giordano. Staff present were McLaughlin, Molnar, Knox and Yates. MINUTES AND FINDINGS The Minutes and Findings of the October 11, 1994 meeting were approved. PUBLIC FORUM Jarvis introduced and welcomed the new Planning Commissioner, Peter Finkle. TYPE III PLANNING ACTION PLANNING ACTION 94-128 REQUEST FOR AMENDMENTS TO THE CITY OF ASHLAND TRANSPORTATION PLAN MAP. AMENDMENT INVOLVES THE LOCATION OF A FUTURE STREET DEDICATION (EXTENSIONS) BETWEEN ROMEO DRIVE AND MILL POND ROAD, EVAN LANE AND FORDYCE STREET, ORCHID STREET AND KIRK LANE AND MUNSON DRIVE AND KIRK LANE. APPLICANT: CITY OF ASHLAND A request for continuance was submitted by attorney, Kurt Knutsen. Carr suggested proceeding as per the agenda. Cloer expressed his reservations about continuing with the hearing. He wanted to make sure every side of the issue was discussed. McLaughlin explained that the neighbors were already given a month's delay to review the street connection between Romeo and Mill Pond. The additional connections were added and properly noticed to the neighborhood. He also indicated the time is right to work this transportation issue out because the Planning Commission agendas have not been as busy. McLaughlin did not see a substantial reason to delay the hearing. Jarvis felt that Mrs. Eidman has adequately notified everyone of tonight's meeting, as well as through the noticing process and thought there was enough information to proceed tonight. Carr moved to proceed with the planning action and arrive at a recommendation to the City Council. Bingham seconded the motion and it carried unanimously. Thompson arrived at the meeting. STAFF REPORT McLaughlin reviewed portions of the Staff Report dated October 11, and the Addendum I dated November 8, 1994. He said the addition of the street connections would insure a modified grid street pattern. This has been happening in an informal way in this area, and Staff has made sure that developers have been working to that end as well. The connection from Romeo Drive to Mill Pond Road has been planned since 1990. The extension of Munson Drive and Kirk Lane to Mountain Avenue have been shown for future connections. McLaughlin explained that the City is trying to comply with the State's Transportation Planning Rule by connecting streets within neighborhoods. The benefits to the connection would be: reduced trip lengths, safe and convenient routes for autos, bikes, and pedestrians, possible area for para-transit or taxi pick-up for handicapped persons, and less costly transit. McLaughlin encouraged adoption as presented. Jarvis questioned McLaughlin if Romeo Drive had always been designed for connection and he stated that had always been the intent. Carolyn Eidman's letter was entered into the record. PUBLIC HEARING WES REYNOLDS, 1265 Munson Drive, a consulting planner and member of AICP and an affiliate of ITE, stated that he believes this application is on the right track in looking at the whole neighborhood, however, he requested that the Commission consider that if these connections are adopted, there will not be much area left to do a neighborhood plan. Why not go one step further and develop a neighborhood plan? The destinations need to be addressed -- what areas people need to get to -- Garfield Park, Civic Center, Mountain Avenue park, Armory, Middle School, Natural History Museum. There is excellent potential for walking and bicycling. In addition to the proposed new street connections, what will be happening on East Main and Fordyce and the transportation plan? What are the neighbor's responsibilities? There was no suggestion in the Staff Report about where traffic calming will be done and where pathways for bikes and pedestrians would be located. REES JONES, 107 N. Wightman, lives in the neighborhood and thought connecting streets was an issue of community. Cohesive neighborhoods are unified by easy access. Building barriers and homes that are isolated for only auto access are not in our best interest. The Comprehensive Plan will remind us of our goals. The street connections will provide the City with integrated neighborhoods, not isolated streets. ASHLAND PLANNING COMMISSION 2 REGULAR MEETING NOVEMER 8,1994 MINUTES HARLAN CURTIS, 264 Mountain Avenue, stated they live where the intersection of Munson and Mountain will be connecting and this will funnel traffic through Munson to Mountain and they fear congestion. Beth Whitman talked about extending Hersey Street past the Mountain Avenue park and connect another street besides Munson. Jarvis read the testimony request forms in opposition to the proposal from the following: JEFF BENSON, 1315 Romeo Drive ED ALEXANDER, 1259 Munson Drive CORINNE MAGANAN, 13115 Romeo Drive BETTE G. KINSELLA, Romeo Drive CYNTHIA MARTIN, 1355 E. Main BEVERLY SPJUT, 531 Fordyce SUSAN ROGNEY, 1365 Romeo Drive Molnar described where there will be a possible bicycle/pedestrian access to the Mountain Avenue park. CAROLYN EIDMAN, 541 Fordyce Street, stated that she has been planning to build adult foster care housing on her property but if the street goes through, she will not be able to situate the project so it will fit the lot properly. She plans to use some of her property to grow food for the patients and raise animals. Eidman knew the street plug was there but felt she had an option of how it would be used. She indicated the Police Department find that dead end streets are safer. On cul-de-sacs;neighbors tend to notice when something happens because there is less traffic. Eidman also has major concerns about flooding in this area. After the heavy rain last week in which five homes flooded, she feels the through street would make an impact because it would be more pavement for water to run across. She also took a petition to the neighbors and submitted it for the record. LINDA SMITH, 1310 Romeo Drive, purchased her property because it was on a cul- de-sac. She bought it in beginning of 1991 and the CC&R's did not say anything about the through street. As it is now, children are safe on the street. She has concerns about the width of the road and the turn at the curve. RICHARD ALBERT, 541 Fordyce, said he is partners with Eidman and his comments echo hers. If the street did not go, through it would give a little more open space and a sense of community and safety. ASHLAND PLANNING COMMISSION 3 REGULAR MEETING . NOVEMER 8,1994 MINUTES MARY POWERS, 248 N. Mountain, said that she knew about the street that would connect with Munson, but would like to know the width of the streets that are planned and do the neighbors have any say about where the streets go, how they are connected, and street names. Powers objects to a separate bike path cutting through the lots. McLaughlin explained that the width of the street will be dependent upon the development style of the homes and the number of units. Munson Drive is 36 feet wide in the portions where there is parking on both sides and the new streets could be narrower with added curves, if desired. The design would be up to the developer. Street names are left to the discretion of the developer, however, there is an ordinance addressing street names. The bike path would not be designed to take out properties but to go around or between properties. MARIE MOREHEAD, 310 N. Mountain Avenue, thought it would be difficult to plan future streets when no one is sure what future development will be. Her concern is how this will affect property owners not connected with the development. Morehead is concerned about how much of the Powers property will be used -- there will be three streets going through Powers property plus a bike path. McLaughlin responded that if a development on the Powers property would be going to a lower density because of a street, then a different street pattern would be possible. Morehead is concerned about the amount of traffic coming up Mountain, turning on Munson or Kirk and bypassing the North Mountain/East Main street intersection. There will be more traffic in the communities. RANDY ROGNEY, 1365 Romeo Drive, lives at the end of the cul-de-sac. .When he purchased his home, there was no indication there would be a road planned at any time. If the City had left the area open on one end, he might never have bought property. When the subdivision was approved in 1990, the adverse impact had been mitigated because of the street design. It looked like the street design was approved (cul-de-sac). The character of the neighborhood was considered in the design of the development. The cul-de-sac makes the character. Most of the neighbors that Rogney has talked with can see no reason to connect the streets. If this proposal is approved, Rogney wondered if he would lose any of his property.. McLaughlin said he couldn't guarantee anything for the future, however, it is not the City's intent nor part of the design to take any of Rogney's property. Rogney thought the connection between Mill Pond is important but would favor a bike path or pedestrian path. This would keep children from walking along Fordyce. It would seem the ordinances could be met by connecting neighborhoods without having a roadway. He asked that the Commission take another look at the turn that will be needed at the end of the cul-de- sac. He also was concerned about drainage. ASHLAND PLANNING COMMISSION 4 REGULAR MEETING NOVEMER 8,1994 MINUTES Jarvis noted that the curve Rogney mentioned is difficult to go around and people have to go slow. One of the benefits to having difficult curves and narrow streets is that they do slow cars down. An unusual street configuration could be an advantage. Rogney is concerned that people will drive around the island on the wrong side. SCOTT TURRELL, 1335 Romeo Drive, believes there are mechanical and legitimate concerns about the street connection. He thought it would be helpful to try driving a small U-Haul around the cul-de-sac. McLaughlin suggested a possible sign and a traffic circle. COMMISSIONERS DISCUSSION AND MOTION Finkle asked the width of a pedestrian or bike path versus a street width. McLaughlin thought about a bike path was 12-15 feet and the street would be about 26 feet wide with sidewalks. DON PAUL, Assistant Fire Chief, said the Fire Department likes to have two ways of entry and through streets are an advantage. Cul-de-sacs are difficult. Carr suggested any streets that do not connect, that bollards could be placed and removed in an emergency. McLaughlin said Staff and the Commission could be flexible with Eidman's design. Thompson wondered about a stub with the parcel to the south of Munson Drive and maybe to the south of Kirk Lane too. McLaughlin said Fordyce will be the focal point of the neighborhood. The Planning Commission, Engineering and neighbors should sit down and determine how the neighborhood should be planned. (Carr left the meeting at 9:05 p.m.) Armitage wondered how much will be gained by pushing Romeo Drive through. Wouldn't a bike and pedestrian path be just as beneficial? Bingham said his biggest problem with the Romeo Drive situation is that people purchased lots with the understanding they were purchasing lots on a cul-de-sac. He also does not want Mrs. Eidman to lose the ability to develop her property. ASHLAND PLANNING COMMISSION 5 REGULAR MEETING NOVEMER 8,1994 MINUTES v Finkle stated that, based on his site visit and looking at the street design, area, etc., it would not appear likely that a great deal of traffic will be taking that connection to Mountain Avenue. He did not believe there would be much difference in the street width and the bike path width. Thompson wanted the Commission to remember that when an issue is isolated to a neighborhood, it is important that they don't lose sight of the larger goal of reducing vehicle trips per day. The intent on Romeo Drive was always to come through. He is in favor of following that initial plan and he was very sorry there was not full disclosure to the home owners made in the sale of the lots on Romeo. Cloer agreed with Finkle and Thompson. He would approve of each street connection. With regard to the linkage of Romeo to Mill Pond, he aches for Carolyn Eidman, however, he believes the street connections are what the Planning Commission intended to do and that is what should be done. Giordano favors the project. He felt the Eidman property could be master-planned for all the uses they are going to want. Jarvis concluded there are things that could be done to mitigate the connections for the neighbors such as making the narrowest road possible. There will be less carbon monoxide where cars are not turning around on the cul-de-sac. Delivery trucks will not have to turn around. Don Paul's comments were well taken as it is beneficial to have fire apparatus access from two ways. Jarvis did not believe there would be very much increased traffic. Something can be done to the middle island area to make sure people drive around it correctly. Thompson moved to recommend approval of Planning Action 94-128 with the addition of a stub coming down in between Lots 1200 and 1300. Giordano seconded the motion. Armitage suggested adding language that the right-of-way on Romeo be as narrow as possible and that the median design encourage proper traffic flow. Thompson approved the amendment and Giordano seconded. The motion carried unanimously. OTHER The meeting was adjourned at 9:30 p.m. ASHLAND PLANNING COMMISSION 6 REGULAR MEETING NOVEMER 8,1994 MINUTES ASHLAND PLANNING COMMISSION HEARINGS BOARD NOVEMBER 8, 1994 MINUTES CALL TO ORDER The meeting was called to order by Steve Armitage at 1:35 p.m. Other Commissioners present were Bingham and Giordano. Staff present was Molnar. TYPE 1 PLANNING ACTIONS PLANNING ACTION 94-132 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO THREE PARCELS AT 2500 SISKIYOU BOULEVARD. APPLICANT: HARLAN DEGROODT This action was approved. PLANNING ACTION 94-134 REQUEST FOR A CONDITIONAL USE PERMIT FOR A ONE UNIT EXPANSION (FROM 2 TO 3 UNITS) OF AN EXISTING TRAVELLER'S ACCOMMODATION. ALSO, A VARIANCE IS REQUESTED TO WAIVE THE REQUIREMENT FOR PAVING THE EXISTING DRIVEWAY AT 239 OAK STREET. APPLICANT: SUSAN AND JOHN BLAIZE This action was approved. ADJOURNMENT The meeting was adjourned at 2:00 p.m. CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES November 30, 1994 Chair Alsing called the meeting to order at 7:00 p.m. at the department office, 340 S. Pioneer Street. ATTENDANCE: Present, Pat Adams, Al Alsing, Bob Bennett, Teri Coppedge, Laurie MacGraw, Ken Mickelsen, Councillor Hauck. Absent None I. ADDITIONS OR DELETIONS TO THE AGENDA Commissioner Coppedge said that she would like to add two items to the agenda under Old Business: discussion of the viewshed property owned by Mr. Falk and discussion of _ access to Siskiyou Mt. Park from Clay Street. Director Mickelsen said that he would like to add two items to New Business: a building site for Youthworks and golf course policy. Under Old Business, Commissioner MacGraw added the opening of the dog area at the Greenway Park site. IL APPROVAL OF MINUTES A. Regular Meeting - October 25, 1994 Commissioner Adams made a motion to approve the minutes of the Regular Meeting of October 25, 1994 as written. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no B. Special Meeting - November 7, 1994 Commissioner Adams indicated that the minutes should be corrected to read that Commissioner Malone seconded the motion regarding the selection of a landscape architect. Other Commissioners concurred. Commissioner Adams made a motion to approve the minutes of the Special Meeting of November 7, 1994 as corrected. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no Regular Meeting - November 30, 1994 Page 2 Ashland Parks and Recreation Commission III. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Adams made a motion to approve the previous month's disbursements as indicated by Payables checks #9949 through #10031 in the amount of$69,158.29 and Payroll checks #7687 through #7740 in the amount of$36,787.94. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no IV. AUDIENCE PARTICIPATION ON THE AGENDA A. Presentation by O.S.F.A. Board Representatives from the Oregon Shakespeare Festival Board were present in the audience to present:its annual donation of the net proceeds of one outdoor performance to Ashland's parks system. This year's.donation came from the July 3.performance and amounted to $27;837.88. Board Member Michael Donovan said that the Festival was pleased to be able to make this donation for the third consecutive year. Because of the unique relationship between the Festival.and Lithia Park, the Board feels it is appropriate to use this vehicle to thank the community which gives its generous support to the Festival. On behalf of the entire Commission, Chair Alsing thanked Mr. Donovan and the Board for the Festival's contribution noting the Commission's appreciation for its support of the parks.system. He commented that the contribution helped to decrease the tax dollars necessary to operate the parks or enabled the Commission to do "something more" than it would ordinarily be able to do. B. Wes Reynolds - update on Bear Creek Greenway Wes Reynolds, consultant for the Bear Creek Greenway Foundation, a non-profit corporation which is moving forward to assist the various governing bodies involved in the development of the Bear Creek Greenway, was present in the audience to give the Commission a brief overview of where the project stands to date. He indicated that it is anticipated that Ashland's portion will be developed in 1997. Commissioners generally discussed timelines and fiscal responsibilities involved in the project with Mr. Reynolds. They thanked him for taking the time to present an updated overview to them indicating that they were excited that the project was moving forward. V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None Regular Meeting - November 30, 1994 Page 3 Ashland Parks and Recreation Commission VI. OLD BUSINESS A. Falk viewshed property Director Mickelsen reported that the City had received notice that.Mr. Falk had received permission from the state to log approximately 600 acres of the 2,000 acres located on Wrights Creek. The acreage in question is located in an area which would be termed part of Ashland's 'viewshed." He reported that staff efforts to date to work with Mr. Falk on the purchase of the property for open space had not been successful and did not look good. Mr. Falk's asking price for the property was way beyond what the Open Space/Park Land Acquisition Program could afford and Mr. Falk did not appear to be interested in any partial purchase of property rights. He said that he would be meeting with Planning Department staff later in the week to determine whether or not any creative ideas had not yet been discovered to preserve the viewshed. He said that the City Administrator would be bringing the topic to the Council's attention. Commissioner Coppedge briefly reviewed information which she had received from Pam Barlow on possible ways to minimize the impact of the logging on the viewshed. At this point in time, it did not appear that there would be a simple means to keep the viewshed from being logged off. Commissioners understood that the City might be very limited in its capacity to influence the outcome of this situation. However,,they believed that as public officials they would be very remiss not to try to do all that could be done and to make the public aware of the situation. Because of the December 7 deadline for comment back to the state on the issue, Director Mickelsen said that City staff would be working on having the deadline extended so that the City Council might have time to address the topic. B.. Access to Siskiyou Mt. Park from Clay Street Commissioner Coppedge indicated that she had previously thought that there was public access-to Siskiyou Mt. Park from Clay Street but had recently discovered that the route she and others had been taking was privately owned. Indicating that the area was highly used by the public, she asked staff to check into the possibility of obtaining public right of way for this access. Director Mickelsen indicated that he had spoken to the property owner who said that he was not interested in selling the property or easement. He did say that he did not mind hikers or mountain bikers using the property for access as long as they were respectful of the area. He did indicate that there have been problems in the past with mountain bikers abusing the property but thought that could be worked out without selling an easement. . . Mr. Mickelsen said that he would be meeting with the owner sometime this spring. Commissioners concurred that they would like to cooperate to keep the owner's good will and minimize his problems in allowing the public to use his property. Regular Meeting - November 30, 1994 Page 4 Ashland Parks and Recreation Commission OLD BUSINESS coNTINukD C. Opening, of Greenway dog area Superintendent Gies reported that the dog area on the Greenway site was nearing completion. Commissioners decided that they would like a brief dedication ceremony. Director Mickelsen said that he would have staff work with Lisa Ennis and Larry Roven to coordinate a date and time. VII. NEW BUSINESS A. Authorization to purchase golf course equipment Director Mickelsen indicated to the Commission that staff had reached an agreement with Mr. Sullivan as to which.pieces of golf course equipment the department would like to purchase as of January. 1. He provided the Commissioners with a list of the equipment indicating that the total dollar amount was $13,700. He asked that the Commission approve purchase of the equipment. MOTION Commissioner Adams made a motion to purchase the golf course equipment from Mr. Sullivan as presented. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no MOTION Director Mickelsen requested that the Commission authorize advertising for bid on two items: new equipment for the golf course and pruning of trees in the park system, primarily Lithia Park. Commissioner MacGraw so moved. Commissioner Adams seconded. The vote was: 5 yes - 0 no B. Appointment to Parks Foundation Board Chair Alsing indicated that due to Commissioner Malone's resignation another Commissioner would need to be appointed to the Parks Foundation Board. He said that Commissioner MacGraw had indicated interest in serving on the board. MOTION Commissioner Alsing made a motion recommending that Commissioner MacGraw be appointed to the Parks Foundation Board. Commissioner Bennett seconded. The vote was: 5 yes - 0 no Commissioner Alsing reported that he and a couple of members of the community had been working on refining the details concerning the structure of the foundation. He said that within a month of so they would be ready to come to make a report to the Commission. Commissioner Adams said that she had had the opportunity to speak with City Finance Director Jill Turner recently who had indicated that she had some specific concerns about foundations per se. Commissioner Adams said that she would like for Ms. Turner to attend a Commission meeting so that all the Commissioners could hear her views. Regular Meeting - November 30, 1994 Page 5 Ashland Parks and Recreation Commission NEW BUSINESS ."fi""w C. Youthworks proposal for building at Garfield Park Director Mickelsen outlined a proposal from Youthworks to construct a teen center/family resource building on that portion of land adjacent to Garfield Park which the City had not dedicated for park purposes but retained for possible construction of a fire station at some future date. He said that the City was no longer.considering the land for a fire station but .night choose to approve its use by Youthworks to demonstrate overall community support for this project. Commissioners expressed mixed feelings about having the facility located in the park. Commissioners decided to dovetail an additional study session on December 6 to review the proposal with Youthworks representatives and interested community members. D. Golf Course policies regarding antral memberships and carts Director.Mickelsen reported to the Commission that when contacting individuals who currently have annual memberships at Oak Knoll about renewing those memberships for 1995, a few individuals had inquired about changing their memberships in some manner. He asked that the Commission set a policy regarding any changes to existing memberships. After some discussion, by consensus, based on the existing policy that annual memberships at Oak Knoll are being phased out with no new memberships offered, the Commission set a policy indicating that if a current holder of an annual membership wanted to renew but to reduce the scope of the membership that a change to a "smaller' membership would be permitted; memberships could not be made "larger". (Examples: 7 - Day Family could reduce to a 5. - Day Family or 7 - Day Single. Conversely, a 5 - Day Family could not increase to a 7 - Day Family.) Director Mickelsen also indicated that a few individuals had been allowed to use their private carts on the course by either paying an additional amount to their annual membership or a daily fee. In order to show consideration during the transition, Commissioners decided to allow the existing private carts to be used on the course along the guidelines which were already in place with the current leaseholder but, again, that that practice would be phased out when the existing "grandfathered" private carts were no longer used by the owners. VIII. CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT None i Regular Meeting - November 30, 1994 Page 6 Ashland Parks and Recreation Commission IX. ITEMS FROM COMMISSIONERS A. Comments from Commissioner Bennett Commissioner Bennett said that he appreciated the prompt action of the Commission and Council which allowed him to take his place on the Commission earlier than January 1. He also said that having observed Mr. Malone on the Commission that he felt that he had done an excellent job during his time as Commissioner. He recommended that the Commissioners write to Mr. Malone thanking him for his time and effort while serving. Other Commissioners concurred. He expressed his pleasure at having been elected to serve on the Commission and was looking forward to working with the other Commissioners. X. NEXT MONTH'S AGENDA The next Regular Meeting was set for Tuesday, December 13, 1994. XI. ADJOURNMENT By consent, with no further business, Commissioners adjourned the Regular Meeting. Respectfully submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department CITY OF ASHLAND PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES October 25, 1994 Chair Alsing called the meeting to order at 7:00 p.m. at the department office, 340 S. Pioneer Street. ATTENDANCE: Present Pat Adams, AI Alsing, Teri Coppedge, Laurie MacGraw, Bob Malone, Ken Mickelsen. Absent None I. ADDITIONS OR DELETIONS TO THE AGENDA None 11. APPROVAL OF MINUTES A. Regular Meeting - September 29, 1994 Commissioner Adams made a motion to approve the minutes of the Regular Meeting of September 29, 1994 as written. Commissioner Malone seconded. The vote was: 5 yes - 0 no 111. BILLS AND FINANCES A. Approval of previous month's disbursements Commissioner Adams made a motion to approve the previous month's disbursements as indicated by Payroll checks #7581 through #7686 in the amount of$59,923.06 and Payables checks #9802 through #9948 in the amount of$106,200.75. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no IV. AUDIENCE PARTICIPATION ON TI4E AGENDA A. Ashland Gun Club request for building structure Dudley Jay, Range Safety Officer for the Ashland Gun Club, was present in the audience to request that the Commission approve the construction of a new firing line in front of the existing firing line. Mr. Jay presented diagrams regarding the construction which would allow for better usage and would also increase safety at the range. MonoN Commissioners briefly discussed the proposal and drawings_with Mr. Jay. Commissioner Adams made a motion to approve the construction as proposed. Commissioner MacGraw seconded. The vote was: 5 yes - 0 no Regular Meeting - October 25, 1994 Page 2 Ashland Parks and Recreation Commission V. AUDIENCE PARTICIPATION NOT ON THE AGENDA None VI. OLD BUSINESS A. Proposed dog area - Greenway Park site Commissioners reviewed the proposal and cost estimate for creating a dog area at the Greenway Park site. The proposal included using temporary field fence to mark off an approximate 2 acre site north of the intersection of Helman and Nevada Streets in which dogs could run off leash. Superintendent Gies indicated that for approximately $1,000 the fencing could be put up and a picnic table and garbage cans placed in the area. Lisa Ennis, a resident who has been working with citizens interested in having an area created, indicated that various people in the community have indicated that they will be contributing about $350 to the project. In discussion of the proposal, Commissioner Coppedge said that she did not have a problem with the overall concept but indicated that she would like to be certain that the area did not go right up to Bear Creek. She said that she would like to see it set far enough back to protect the riparian area adjacent to the creek. In discussion with audience members, Ms. Ennis said that she did not believe it would be necessary to go down to the creek but wanted the "large shade tree" incorporated into the area. Commissioner Malone inquired as to whether or not the old barn in the area was structurally safe. Director Mickelsen indicated that he did not know. Commissioner Malone said that for safety and liability purposes; he would like to see the structure checked out and, if it was not structurally sound, have it torn down. Commissioner Adams indicated that considering the potential for fire hazard, she would like staff to check into the possibility of declaring the area a non-smoking area. MOTION Commissioner Malone made a motion to establish an experimental area of approximately 2 acres for having dogs off leash at the Greenway Park site indicated, fenced with temporary field fence including a picnic table and garbage can, using matching funds from donations as possible, and, to have the nearby bam checked for structural soundness tearing it down if unsound or posting a "no trespassing" sign if left in tact. Commissioner Adams seconded. In discussion of the motion, Commissioner MacGraw indicated that she had some trouble with the word "experimental." Commissioner Malone indicated that the word had been used to primarily note the temporary materials being used for the fence, not that the area would be a temporary one. Commissioner Adams said that she supported the word "experimental" because she felt that it needs to be understood that at some point in time the area would be evaluated as to its use and location. She said that it was a could be a permanent fixture but that, as the balance of development plans for the Greenway site were made, the area could need floating boundaries. The vote was: 5 yes - 0 no Regular Meeting - October 25, 1994 Page 3 Ashland Parks and Recreation Commission Proposed dog area. CONTINUED Commissioners directed staff to have the Park Horticulturist check out the site to determine how far back from the creek the area should be set as to preserve the riparian area adjacent to the creek, to have appropriate signing developed, and to proceed with constructing the project unless staff discovered particular need to review the plans again with the Commission. Once the area was completed, Commissioners felt that some kind of dedication ceremony would be appropriate to let the community know it was available. B. Oak Knoll facility - parking lot, building maintenance Director Mickelsen informed the Commission that the furnace which supplies heat to the Oak Knoll Golf Course restaurant was not working and too old to be repaired. He also indicated that in checking out the attic where the furnace was located; staff felt that some minor work needed to be done related to electrical wiring. Initial estimates as to the cost of replacing the gas furnace were presented to the Commission. After some discussion, the Commission asked staff to proceed with replacing the furnace and making whatever related minor repairs to the facility as necessary. Commissioners asked staff to come back to the Commission only if the anticipated cost would be affected in order to "do it right"; that is, if substantial duct work or other items not anticipated at this time were needed. Commissioners also reviewed information regarding contracting with an engineering firm to survey, design and prepare plans, specifications and contract documents for parking lot improvements at Oak Knoll. The City's Engineering Department had received price quotations from eight firms; the lowest from Marquess & Associates in the amount of $6,385. Assistant City Engineer Jim Olson recommended accepting the bid from Marquess & Associates. MOTION Commissioner Adams made a motion to contract for services with Marquess & Associates for design work for the Oak Knoll Golf Course parking lot as indicated in the proposal submitted to City Engineering on September 19, 1994. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no VII. NEW BUSINESS A. Review public comment on community program funding Commissioners reviewed a synopsis of the comments received through the utilities newsletter related to use of the Youth Activities Levy monies for community activities. Jill McClelland, Projects Coordinator for the department, indicated that when reviewing all the comments submitted, in her opinion they seemed to fall into about four categories: rollerblading and related programs, creative arts and dance, summer recreation programs, and sports in general. She said that one surprise for her was that there was very little mention of outdoor programming. Regular Meeting - October 25, 1994 Page 4 Ashland Parks and Recreation Commission Community program funding. coNTwum Commissioner Adams indicated that an underlying theme in the comments was to do something to address the teens, also the seniors. Other Commissioners concurred. In discussion, Commissioner Adams indicated that she would like very specific information from staff regarding a teen center. Commissioners indicated that they felt that they needed to know specifically about the current offerings of the Ashland Teen Center and information regarding the new teen "Shack" which has opened in Medford. They also indicated that they would like to hear from seniors through their various organizations. It was decided that the Commission would hold a study session some time in December with key people in the community who work directly with teens. B. Review criteria for selecting landscape architect Commissioners briefly reviewed a draft of criteria for evaluating the landscape architectural firms selected to interview for contracting for service on the N. Mountain Park site development. C. Review bids for chipper Commissioners reviewed the one bid received from Enviro Chipper Industries in the amount of $21,290 for the purchase of a new chipper. Director Mickelsen indicated that the amount of the bid was within budget limitations. The purchase was a joint venture among the City which would be contributing funds through a $6,500 grant received from the Oregon Department of Environmental Quality with the balance being split 50/50 between the department and Ashland Sanitary Service. He said that wording on the maintenance agreement with Ashland Sanitary had been approved by the City Attorney. MOTION Commissioner Coppedge made a motion to approve the purchase of a new chipper as presented. Commissioner Adams seconded. The vote was: 5 yes - 0 no VIII. . CORRESPONDENCE, COMMUNICATIONS, DIRECTOR'S REPORT A. Open Space/Park Land Acquisition Program Reviewing a memorandum to the Commission dated October 21, 1994, Director Mickelsen outlined information concerning various parcels under consideration for the Open Space/Park Land Acquisition Program. By consensus, Commissioner's chose to hire an appraiser to prepare a report on the Hudson/Radcliffe property. Director Mickelsen also reported that the City is still in negotiations with the State Highway Department concerning the re-alignment of Hwy. 66 adjacent to Oak Knoll Golf Course and that that should be resolved some time in the near future. Regular Meeting - October 25, 1994 Page 5 Ashland Parks and Recreation Commission IX. ITEMS FROM COMMISSIONERS Commissioners briefly discussed several items of interest; no action was taken. X. NEXT MONTH'S AGENDA The next Regular Meeting was set for Wednesday, November 30, 1994. A Study Session regarding teen activities and interests was set for either December 6th or 7th. XI. ADJOURN TO EXECUTIVE SESSION Commissioner Adams made a motion to adjourn to Executive Session. Commissioner Coppedge seconded. The vote was: 5 yes - 0 no XII. RECONVENE TO REGULAR SESSION Chair Alsing reconvened the Regular Meeting. MOMN Commissioner Malone made a motion to approve the salary scale for the Greens Superintendent as discussed in Executive Session. Commissioner Adams seconded. The vote was: 5 yes - 0 no XIII. ADJOURNMENT By consent, with no further business, Commissioners adjourned the Regular Meeting. Respectfulllyy�submitted, Ann Benedict, Business Manager Ashland Parks and Recreation Department �aroo� . December 9, 1994 �D- Mayor and City Council (29 roin: Steven M. Hall, Director of Public Works 0SUbj9d. Monthly Reports Attached are monthly reports from the Public Works department for the month of November, 1994. Enclosures (Opw\morpt.mem) ENGINEERING DIVISION MONTHLY REPORT FOR: November, 1994 1. Issued 23 Street Excavation permits. 2. Issued 3 Miscellaneous Construction permits. 3. Issued 4 Address Change or Assignment forms. 4. Responded to 10 Certificate of Occupancy reviews. 5. Completed 8 Pre-applications for Planning Actions. 6. Completed 10 "One-Stop" permit forms. 7. Performed field and office checks on 5 partition plats. 8. Performed the following work on the Airport Improvement Project: a. Revised tie-down plan. b. Re-computed quantities resulting from change. 9. Negotiated with property owner for relocation of easement. 10. Assisted in remodel and moving of Public Works and Engineering offices. 11. Reviewed plans for construction of a proposed subdivision (Barton/Roberts Subdivisions). 12. Operated traffic counters at several locations. 13. Reviewed several requests for storm drain exemptions. 14. Contacted County Engineer regarding additional signing on Dead Indian Memorial Road. 15. Performed the following work pertaining to Skycrest Hill Subdivision. a. Reviewed revised design of Skycrest Drive - Grandview Drive intersection. b. Inspected work performed by contractor. 16. Updated City street index and map. 17. Performed the following work on the North Mountain Avenue Sanitary Sewer Improvement L.I.D. a. Inspected work performed by contractor. b. Prepared Contract change order No. 1. C. Prepared progress payment No. 3. 18. Assisted City Attorney in preparation of the City of Ashland vs. Maurer lawsuit. 19. Responded to numerous vision clearance complaints. 20. Performed the following work relating to the construction of a retaining wall on Water Street: a. Prepared bid report. b. Awarded Contract for work. 21. Performed the following work on the North Main/Ashland Street waterline project: a. Prepared addendum to contract documents. b. Conducted bid opening. c. Prepared bid report. 22. Prepared contract for services for the design of parking lot improvements at Oak Knoll. 23. Inspected construction work performed on Audubon, Eastbrook, Ashland Parkview and Skycrest Subdivisions. 24. Prepared report regarding various traffic safety recommendations and requests. 25. Continued mapping and design on the Strawberry Lane sewer and water project. 26. Performed the following work on the Railroad Village Subdivision improvement project: a. Held pre-construction conference. b. Issued notice to proceed. c. Notified utility companies of construction start-up. 27. Acquired information on a lot owned by Southern Pacific Railroad to be acquired by the City. 28. Acquired additional information for a proposed rail crossing at Normal Avenue. 29. One staff member attended a seminar on public works inspection. (ckngi-=AMM'*TO Water Quality Monthly report for November 1994 Water: Repaired 3 leaks in City owned water mains. Repaired 2 leaks in customer service and or meter. Repaired TID line at the end near Fernwood. Repaired 1 Lithia leak Changed out 7 water meters. Installed 5 new water meters with hand valves. Installed 2 customer hand valves Repaired 2 fire hydrants. Replaced one fire hydrant hit by car on Hersey Street. Removed 3/4" water service from service in way of storm drain. Found for contractor 2 3/4" water services previously installed. Winterized drinking fountains in town (shut them off). Removed 2 irrigation services off Sunnyview in new subdivision. Turned off all irrigation services for the winter. Raised 5 valve boots in various areas. Exposed utilities for Engineering on Westwood. Removed down tree in the canyon below Hosler dam. Installed screen at Golf Course pond to keep fish out of meter. Installed 700' of 8" water main on Van Ness Street from Oak Street to Helman Street. Tied over water services disinfected water main and put it into service. Sewer: Repaired 10 sewer mains, manholes or services. Responded to 2 main line plugs. Responded to 2 service calls. Rodded 31,283' of City sewer mains using 55,000 gallons of water. Rodded 935' of main using the mechanical rodder. TV'ed 1,417' of sewer mains. Miscellaneous: There were 60 requests for Utility locate calls. There was 62.697 million gallons of water treated at the Water Treatment Plant and 55 million gallons of water treated at the Waste Water Treatment Plant. Used 160 yards of 3/4" minus rock at Van Ness. Citv of Ashland Street Division November 1994 Report SWEEPERS: (2) Swept 767 miles of streets. Collected 487 yards of debris. Responded to 69 utility location requests. Graded several streets and alleys . Patched pot-holes and sunken services. Continued raising and patching manholes and valve boots in conjunction with our re-surfacing projects. 2 crew members for most of the month. Repaired wash-out on Alta at Wimer. Readied snow equipment on several occasions. Repaired wash-out on Clover Ln . . Patched a total of 6 manholes and 6 valve boots on Chestnut, Cambridge, and Drager . Placed 266 yards of granite on No. Mountain Ave. to Fear. Cr. . Watered an rolled with rubber tire roller. Repaired wash-out on Clinton . STORM DRAINS: Flushed and/or rodded several storm drain systems. Cleaned off catch basins. Cleaned out catch basins. Completed Greenmeadows storm drain project. See last months report for details. Began Grant St. (No. Main to Chestnut) storm drain project. Project includes : Mart: for locates, pothole (expose) under ground utilities, install 4 - 'O ft. , 12 in . PVC cross-over drains, 2 new catch basins, 1 manhole and re-build z existing catch basins . Continuing storm drain project on 6th St . from "C" thru "B" to "A" that we started last spring . Total project includes 920 ft. of 12 in . PVC . pipe, 2 cross-over drains and 7 catch basins . Trimmed blackberries for access to 3 storm drain locations entering the creek at the airport. Located storm drain on E. Main at Oak St , for the Water Dept. . Replaced the wooden catch basin lid with a concrete one on E. Main at the R/R tracks . Poured a new floor and repaired the pipie in the catch basin on Roca at Fern Sts. . Turned catch basin grate right up on Iowa at Meade Sts. . Welded bicycle safety bars on catch basin grate on Iowa at Hillcrest. Temporarily repaired an under-mining problem in the catch basin on E . Main across from 6th St. . Saw-c:c.it a water way along the curb on the west side of Granite St. to correct a drainage problem. Chec4::ed drainage problems at 2nd and E. Main , the Library alley and No. Main and ' 99' . Began Walker Ave. at the R/R tracks storm drain project. Project include removing blackberries , cleaning 1 ditch and filling in another , and installing a 60 ft . , 18 in . PVC cross-over drain . SIGNS and PAINT: Inventoried 48 x 48 in. signs. Removed 4 hr. signs from Lithia Way parking lot and also -all- Commercial Bus parking signs. Re-set BiF::e Lane sign on E. Main across from Emerick . Extended 3 sign posts and replaced faded no parking signs on Fern St. . Replaced 4 hr. Parking in Bay sign on Siskiyou south of Morton . Replaced a faded No Parking sign on B St. at Pioneer Made up 8 - "VOTER PARKING ONLY" signs for Winburn Way for Election Day. Installed a 2 hour parking sign on So. Pioneer above E. Main to replace the Commercial Bus Parking sign that was removed . Removed the "FIRST SPACE ONLY" sign from the 2 hour parking sign at the first stall on So. Pioneer above E. Main . Extended the posts and replaced the street signs on Handy and Elizabeth and on Randy and Willow. MISC. : Hauled 60 yards of asphalt from B St. yard to re-cycle pit on Glenview. Tool:: water samples from the granite pit and our wash-rack for testing . Planted a Leland Cypress tree at the granite pit to replace a dead tree. Hauled 15.6 tons of sand and gravel mix from LTM to B St. .yard . Pushed up sweeper pile at B St. yard . _ Cleaned up B St. yard and took a load to the dump. Put up 9 barricades with "VOTER PARKING ONLY-15 MIN. " on Winburn Way on Election Day. Picked them up the next morning . Picked up a rented back-hoe from Hessel Tractor in Medford . Responded to a fallen tree on E. Main at 5th. . Picked up a tree limb from the 1700 block of Ashland St. . Un-loaded a load of plywood at B St. yard . ' Branded "COA" and painted "STREET" on new barricades . Stripped tree trimming canopy off Street #8 and put the truck: back into full operation . Field Oxy-Acetylene safety class. (2 hrs. ) . Cleaned up broken glass on Holly below Gresham. Picked up 6. 51 tons of round rock from LTM and placed a border around the new concrete pad ( to hold sanders ) at B St. yard . Helped un-load and plant new Christmas Tree by Fire Station #1 . Helped in shop when needed . Cleaned up facilities and equipment on a weekly basis. Held monthly safety meeting . City of Ashland Fleet Maintenance November 1994 Report 3 mechanics completed work on 139 work orders on various types of City equipment and vehicles. With the new numbering system in effect, work orders will no longer be reported on an individual department or division. basis . The emergency generators at City Hall and the Civic Center were manually tested on a weekly basis. I and M certificates issued for the month: City of Ashland Parks Dept. : 9 CITY OF ASHLAND CITY HALL �7jrF -- ASHLAND,OREGON 87520 telephone(code 50.1)482.3211 TO: Honorable Mayor and City Council FROM: " Al Williams, Director of Electric Utilities SUBJECT: Electric Department Activities for NOVEMBER 1994 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT-ACTIVITIES FOR NOVEMBER 1994. INSTALLED 18 NEW UNDERGROUND SERVICES, 3 NEW OVERHEAD SERVICES AND 3 ALTERED SERVICES. INSTALLED 710 FEET OF CONDUIT AND 10,805 FEET OF CONDUCTOR. 13 NEW TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 500 KVA AND 7 WERE REMOVED FOR A NET GAIN OF 347.5 KVA ON THE SYSTEM. RESPONDED TO 70 REQUESTS FOR CABLE LOCATES. HAD 252 CONNECT ORDERS AND 162 DISCONNECTS FOR A TOTAL OF 414. THERE WERE 314 DELINQUENT ACCOUNT NOTICES WORKED AND 86 DELINQUENT ACCOUNTS WERE DISCONNECTED. ONE 45" POLE WAS INSTALLED UNDER NEW CONSTRUCTION. 1 NEW STREET LIGHT WAS INSTALLED AND 31 STREET LIGHTS WERE REPAIRED THROUGHOUT THE SYSTEM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN. PRIMARY CONDUCTOR WAS INSTALLED IN THE CROWSON INDUSTRIAL PARK ON BENSON WAY. INSTALLED CHRISTMAS DECORATIONS AND CHRISTMAS TREE FOR ASHLAND COMMUNITY HOSPITAL. CITY OF ASHLAND .:x CITY HALL ( ASHLAND,OREGON 97520 telephone(code 503)482-3211 TOs Honorable Mayor and City Council FROM: Al Williams, Director of Electric Utilities SUBJECT: Electric Department Activities for OCTOBER 1994 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT- ACTIVITIES FOR OCTOBER 1994. INSTALLED 8 NEW UNDERGROUND SERVICES AND 5 ALTERED SERVICES. INSTALLED 3480 FEET OF CONDUIT AND 6770 FEET OF CONDUCTOR. 1 NEW TRANSFORMER WAS INSTALLED FOR A TOTAL OF 50 KVA AND 1 WAS REMOVED FOR A NET GAIN OF 25 KVA ON THE SYSTEM. RESPONDED TO 94 REQUESTS FOR CABLE LOCATES. HAD 243 CONNECT ORDERS AND 197 DISCONNECTS FOR A TOTAL OF 440. THERE WERE 354 DELINQUENT ACCOUNT NOTICES WORKED AND 42 DELINQUENT ACCOUNTS WERE DISCONNECTED. 1 NEW STREET LIGHT WAS INSTALLED AND 7 STREET LIGHTS WERE REPAIRED THROUGHOUT THE SYSTEM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN. THE MOUNTAIN AVE SUBSTATION. WAS ENERGIZED AND BROUGHT ON LINE. TWO CIRCUITS WERE TRANSFERRED FROM ASHLAND SUBSTATION ON NEVADA ST TO MOUNTAIN AVE SUBSTATION. ONE NEW CIRCUIT WAS CREATED AND THE E MAIN CIRCUIT FROM OAK KNOLL SUBSTATION WAS TRANSFERRED TO IT. PRIMARY AND SECONDARY CIRCUITS WERE INSTALLED IN THE PARK VIEW SUBD ON FORDYCE ST. CONDUIT WAS INSTALLED IN THE NEW AUDUBON SUBD .ON ORANGE ST. 4 C I T Y O F A S H L A N D .' C I T Y H A L L -- ASHLAND,OREGON 87520 telephone(code 503)482-3211 TOs Honorable Mayor and City Council FROM: VC Williams, Director of Electric Utilities SUBJECTS Electric Department Activities for SEPTEMBER 1994 THE FOLLOWING IS A CONDENSED REPORT OF THE ELECTRICAL DEPARTMENT ACTIVITIES. FOR SEPTEMBER 1994. INSTALLED 12 NEW UNDERGROUND SERVICES AND 2 ALTERED SERVICES. INSTALLED 1470 FEET OF CONDUIT AND 18550 FEET OF CONDUCTOR. 2 NEW TRANSFORMERS WERE INSTALLED FOR A TOTAL OF 150 KVA AND 2 WERE REMOVED FOR A NET GAIN OF 50 KVA ON THE SYSTEM. RESPONDED TO 122 REQUESTS FOR CABLE LOCATES. HAD 416 CONNECT ORDERS AND 222 DISCONNECTS FOR A TOTAL OF 638. THERE WERE 192 DELINQUENT ACCOUNT NOTICES WORKED AND 60 DELINQUENT ACCOUNTS WERE DISCONNECTED. 4 NEW STREET LIGHTS WERE INSTALLED, 1 STREET LIGHT WAS REMOVED AND 30 STREET LIGHTS WERE REPAIRED THROUGHOUT THE SYSTEM. EMPLOYEES ATTENDED MONTHLY SAFETY MEETING. MONTHLY EMF READINGS WERE TAKEN. REBUILD OF N MOUNTAIN AVE FEEDER AND INSTALLATION OF 2 NEW FEEDERS FOR NEW SUBSTATION IS CONTINUING. BEGAN INSTALLATION OF CONDUIT FOR AUDUBON SUBDIVISION. CONDUIT WAS INSTALLED IN THE NEW ASHLAND PARK SUBDIVISION. REMOVED CAP BANK FROM E MAIN STREET AND REINSTALLED ON MORTON STREET TO CORRECT POWER FACTOR. I i I ASHLAND POLICE MONTHLY REPORT November, 1994 Part 1 offenses (major RESERVES: crimes and thefts) through the month of November are The Ashland Reserve Officers 7 up (+5.3%) compared to the volunteered 281.5 hours in same time last year. This the month of November. continues to be the first increase over recent years. TRAINING: Property crimes have risen while violent crimes, few in number, remain even. There o Officers Teresa Selby and was a slight increase in the report of Randy Snow attended a 24 residential burglaries (74 reported this year-to- hour BPSST certified course date compared to 67 reported during the same on "Horizontal Gaze time in 1993). and a noticeable increase in Nystagmus and standardized thefts from motor vehicles (122 reported this field sobriety testing. year-to-date compared to 92 reported last year). There has also been a significant o Pam Shrader EMT for Mercy Flights Inc. increase in reports of bicycle thefts (130 provided the last of three classes on first reported this year-to-date compared to 77 aid/CPR re-certification. reported last year in 1993). We have assigned an officer to coordinate the bicycle thefts. o Officer Bobby Smith attended a ten day course on basic crime prevention (for In Part II crimes, minor assaults were up community policing and crime prevention significantly (112 reported this year-to-date officers) compared to 76 reported during the same time last year); vandalism was up (450 reported o Detective Steve Brown attended a one day this year-to-date compared to 424 reported seminar on child abuse investigations. during the same time in 1993); primarily due to a recent graffiti spree. o Officer Teresa Selby and Sergeant Lisa Brooks attended a one day seminar on street YOUTH DIVERSION OFFICER: drugs identification, packaging, use and This is a new reporting section with the influence. creation of the diversion program: TRAFFIC STATISTICS: Caseload Summary All number of traffic accidents (injury and 1) Cases Brought forward 12 property damage) are considerably higher in 2) Cases Opened 10 the attached consolidated report. The numbers 3) Program Total to Date 10 are inflated due to an error in reporting, 4) Year to Date 10 which will soon be corrected. 1 1994 1993 Statistics Calls For Service 843 644 790 674 Medical Runs 68 38 58 68 Fire Runs 19 28 16 17 ALS Runs 49 55 34 27 Auto Aid 6 3 1 4 Phone Statistics: Day Shift 785. 1237 812 979 Swing Shift 1242 1345 1139 1077 Graveyard 657 510 593 514 Front Desk 3416 2749 2544 2570 911 Calls 607 557 425 419 Total Calls 6707 6398 2752 5079 INVESTIGATIONS: CRIME PREVENTION: 0 Detective Lynn Parlette The ten-day anti-violence/conflict resolution obtained five search warrants program presented to sixth graders at Ashland for stolen property in Middle School continued through this month. connection with a series of "DARE to Say No to Drugs and Violence" storage locker burglaries over has been well received, and will include five the last 6 months. separate sixth grade classrooms by the time all Approximately $10,000 in stolen property and presentations are complete after the first of the a stolen car were recovered. year. This has proven to be a positive reinforcement to the fifth grade DARE core 0 Detective Parlette assisted the major curriculum from which all of these students assault/death investigation team in the have graduated. investigation of a homicide in Prospect. Several Halloween safety presentations were 0 Detective Steve Brown aided in obtaining offered at Bellview School, as well as a and serving search warrants which recovered number of related safety topics requested by stolen property from about 5 Ashland storage primary grades. Bobby Smith continued his unit burglaries as well as several in Talent and transition into'Crime Prevention by attending Central Point. He also aided in the return of the Basic Crime Prevention Academy at the recovered property to the victims. BPST, attending a few DARE classes, and participating in the Holiday of Lights parade. 0 Detective Brown responded an activation of the Major Assault/Death Investigation Unit to Joymme Medford regarding the investigation of an Best wishes for a happy forld I officer involved shooting during the service of holiday season and all a search warrant in Medford. through the year!!!!!! 2 ASHLAND POLICE DEPARTMENT PLCIOWI Cr4EATED:� CONSOLIDATED INCIDENT REPORT 12/06/44 15:n:36 NOVEMBER 1994 CLASSIFICATION r REPORTED OFFENSES + + CASES CLEARED r r CLEARENCE RATES r t INC. OF ARREST CHARGES OF OFFENSES ACTUAL ACTUAL ACTUAL % CHANGE THIS THIS LAST YEAR TO T91S THIS LAST THIS THIS LAST THIS MONTH YEAR TO DATE MONTH YTD YTD DATE MONTH YTD YTD MONTH YTD YTD JUV ADULT TOTAL JUV ADULT FART I CRIMINAL HOMICIDE HURDER 1 10.3.1 % MANSLAUGHTER 1 '. 1 100.011, RAPE 1 7 5 + 40.0 X 2 1 28.6% 2U.0% 3 ROBBERY 7 9 22.2 % 4 5 57.1% 55.6% 2 4 AGGRAV11TE0 ASLT 6 7 14.3 X 5 6 83.3% 8J.7X 10 BURGLERY 2 4 6 4 RESIDENCE 7 74 67 + 10.4 X 2 11 12 28.5% 14.9%, 17.9% NON-RESIDENCE 4 50 46 + 8.7 % 4 it 4 100.0% 22.0% E.1% LARCENY%THEFT 1 5 6 115 96 SHOPLIFTING 3 134 131 + 2.3 % 3 109 111 100.0% 81.37; 84.7% THEFT FROM MV 9 122 92 + 32.6 X 5 2 4.1% 21.2% MV PARTS-ACCESS 1 49 72 32.0 % 7 2 14.3% 2.8% BICYCLE THEFT 13 130 77 + 68.8 % 1 7 3 7.7% J.4% 3.9% THEFT FROM BLDG 6 ?8 49 + 59.2 % 12 3 15.4% 6.11 OTHER THEFTS 2b 199 260 23.5 % 1 34 25 3.2% 17.1% 9.15% MOTOR. VEH THEFT 2 32 33 3.0 % 2 8 9 100.0% 25.0% 27.3% i 4 10 ARSON 2 17 it + 54.5 X 1 8 3 50.0% 47.1% 27.3% 1 1 9 3 PART I TOTAL 74 906 860 + 5.3 % 15 224 186 20.3% 24.7% 21.6% 6 11 i7 140 ii- PART 11 SIMPLE ASSAULTS 13 112 76 + 47.4 % 10 92 45 76.9% 73.2%. 57.2% 3 9 12 15 91 FORK COUIfiEF.FE[T 33 43 23.3 X 1J 18 45.51 4i.9X 1 129 FRAUD 2 2 2 20 CHECKS 2 59 73 - 19.2 X 1 24 12 50.,31X 40.7% 16.4% CREDIT CARDS 8 5 + 60.0 % 3 69.0% OTHER FRAUD 12 77 65 + 18.5 X 1 11 10 8.3% 14.3; 15.4% EMBEZZLEMENT 4 + 25.0 % 3 2 bQ.OX STOLEN PRUPERTY 4 23 82.6 X 1 2 10 7J.OX 43.5% 3 3 6 17 VAHDALISN 32 450 424 + 6.1 % I at 60 3.1% 18.0% 14.2% 1 87 JS WEAPONS OFFENSES 16 16 15 13 93.8X 21.37. 1 1 5 42 PROSTITUTION SET CRIMES 2 35 21 + 65.7 % 15 11 42.9% 52.15 4 7 NARCOTIC/DRUGS 2 73 81 9.? X 2 68 73 100.0% 93.2% `rO.tX 2. 2 23 75 GAMBLING OFF A811ST FAMILY 1 10 13 23.1 % 2 1 20.0% • 7.7% 3 ORIV UNDER INFLNC 5 86 116 25.9 X 4 82 113 80.0% 96.5% 97.41 4 4 2 84 LIGUOP. LA11S 2 42 113 62.8 % 2 33 ?3 100.0% 78.6% 82.3% 3 12 15 49 119 DISORDER CONDUCT 9 163 172 J.2 X 1 V 41 tS.t% 16.6% 23.21 2 3 5 16 7i KIDNAP 2 1 50.0 1 TRESPASS 16 258 212 + 21.7 % 5 55 54 31.3X 21.3% 2J.5% 3 5 8 23 64 ESCAPE 1 - 100.0 % I 100.01A ALL OTHER 26 477 449 + 6.2 X 12 159 183 46.21 33.1% 40.SX 12 12 4? 119 THREATS 7 18 - 61.1 : 1 3 14.3% 16.1% CURFERILGITERII+G 24 35 31.4 X 13 34 54.2X 9"1.l% 76 1 RUNAHA'r' JUV 9 47• 51 - 7.9 X 1 10 1? till% 21.31!1 37.3% 1 1 5 PART II T%ITAL 131 1988 2011 1.2 X �l 700 795 31.3% 35.21 37.7% 13 53 66 363 723 ?ART'I S PART 11 205 2974 2271 + 3 % J6 924 995 27.3% 31.9% 34.31 i9 64 83 503 100 ASHLAND POLICE DEPARTMENT PLC 1(101R CREATED: CONSOLIDATED INCIDENT REPORT 12106194-.15.,26:2 h NOVEMBER 1994 CLASSIFICATION + REPORTED OFFENSES z { C:7SES CLEARED f CLEARENCE RATE_ } NO. OF ARREST CHARGES OF OFFENSES ACTUAL ACTUAL ACTUAL % CHANGE THIS THIS LAST YEAR TO TH15 THIS LAST THIS THIS LAST THIS MONTH YEAR TO DA_,E MONTH YTD YTD DATE MONTH YTD YTD , MONTH YTD YTD JUV ABULT TOTAL JUV ADULT PART III TRAFFIC CRIME HIT L RU4 12 100 74 + 35.1 : 11 7 11.0% 12.21 9 RECKLESS DRIV 1 5 4 + 25.0 X 3 4 60.0% 100.0% i 1 2 ELUDING 2 1 + 10.0 % 1 50.0% 2 DR. WHILE SUSP 8 14 42.9 % B 14 100.0% 100.0% !1 FT DISP DP.V LIE 1 100.0 "a 1 100..0% TRAFF ACC.-FATAL TRAFF ACC.-INJURY 3 66 39 + 69.2 % 1 1 1.5% 2.6% TRAFF ACC-FP.P DAN 43 254 !33 + 91.0 % 4 6 1.6% 4.SX FISH S FAME 1 MARINE VIOLATIONS ILLEGAL ALIEN CUSTODY 3 - 100,0 X 1 33.3% WARRANTS 49 47 + 4.3 X 3 48 46 100.OX 9310% 97.?% %1 MV RECUR➢ GTHER 1 7 S + 40.0 % 1 2 1413% 40.0% PROP FECVRD-OTHER c 4 - 50.0 X 1 25.OX FUGITIVES 4 96 72 + 23.1 % 4 91 78 100.0% 94.3X 100.4% 4 4 16 123 MISSING PERSONS 6 2 + 200.0 % SUDDEN DEATH/BODY 13 10 + 30.0 % 1 1 7.7% 10,0% SUICIDE-ATIIPT 2 11 31.3 % OTHER ACCIDENTS 3 5 40.0 % ANIMAL PROBLEMS 31 452 345 r 31.0 X 2 6. PROPERTY LIF/C 24 425 413 + 2.? % 2 1 5% 2% ABANDONED AUTD 37 372 32? + 13.1 S. LOCATE ONLY AUTO IMPOUND AOTO c 15 25 - 40.0 X ASSISI. RENDERED 81 1027 E58 + 19.7 % 3 3% DOMESTIC PROBLEMS 7 56 48 + 16.7 X 1 1.8% INSECURE PREMISES 6 72 Bu 10.0 % SUSP PER/CIRC 34 492 359 + 37.0 X PUBLIC SAFETY 5 32 89 1.? % 1 DISTURBANCE/NOISE 30 841 741 + 13.5 X 1 lX SICK CARED FOR 8 196 193 + 1.6 % 1 2 5% I.0% MARINE ACTIVITIES TFAFFIC;ROA45 24 402 463 !3.2 % 1 2% CIVIL COMPLAINTS 3 60 92 26.8 X 2 3.3% VEH DISPOSITION ALARMS 5012NO116 CONFIRMED 1 4 1 + 300.0 % FALSE "c6 249 216 + 15.3 % ACCIDENTAL 1 l5 3 + 440.0 "n FAULTY 1 4 75,0 X OTHER 2 S88POENAS ASSLT AS OFFICERS 3 4 25.0 % 3 4 100.0", 100.0% OTHER MISC 14 131 184 28.3 '.d I 1 3% 5X ?ART IF1 TOTAL 499 5511 4868 + 13.2 % 181 178 1.7% 3.3% 3.7% E 3 20 225 GRAND TOTAL 614 840; 773? + 8.6 63 1105 1163 10.3% 13.1% 15.0% 19 72 91. `J23 1234 December 9 , 1994 M E M O R A N D U M TO: Honorable Mayor & City Council FROM: Brian L. Almquist, City Administrator SUBJECT: Monthly Report - December 1994 The following is a report of my principal activities for the past month, and a status report on the various City projects and Council goals for 1994-95. I. PRINCIPAL ACTIVITIES: 1. Met with David Jaquet of Tree Commission to discuss tree replacements on Ashland Street. 2 . Attended meeting with BPA, Dick Wandersheid and Jill Turner to discuss cost-of-service study by BPA staff. r- 3 . Attended PPC Executive Committee meeting in Portland to receive update on power sales contract negotiations, and NWPPA Land and Building Committee meeting in Vancouver, WA. 4 . Met with Councillor Winthrop and Steve Hall prior to their meeting in Eugene with DEQ officials to map out City position on STP upgrade. 5. Met on two occasions with Gary Afseth and Paul Nicholson regarding proposed joint- elevator project at rear of City Hall. 6. Attended monthly Chamber of Commerce breakfast Board meeting. 7 . Met with Pete Belecastro of RVTV on progress of move to music building and other issues. T " 8. Met with BPA Customer Rep. Al Perez and Ray Classen to discuss our concerns about BPA power sales contract negotiations. 1 9 . Met with Ron Bolstad of SOSC, and Ken Mickelson to discuss acquisition of Perozzi property for park purposes. 10. Attended quarterly meeting of Oregon Municipal Electric Conservation Agency (OMECA) in Salem to sign official contracts with BPA and to initiate bond sale. 11. Attended monthly meeting of the League's Finance & Taxation Committee at LOC offices in Salem. 12 . Met with Gary Afseth to review preliminary schematic for addition to rear of City Hall. This will be presented at the December 20th Council meeting along with the elevator project. 13 . Met with engineers Jack Bitterly and Bob Baird to discuss new water treatment process. 14 . Met with George Rawe and Dan Bickford of ESD regarding their request to use Channel 9 on weekends for ESD programming. 15. Met again with State Highway Dept. appraiser David Boyd and Ken Mickelson concerning their offer to purchase right-of-way adjacent to Oak Knoll Golf Course. 16. Met with Surveyor Jack Hoffbuhr and OSF officials concerning proposed boundary agreement between City and Festival properties. 17 . Attended annual conference of League of Oregon Cities in Portland. Spoke on our cooperative programs with the School District and the Children's cultural levy. 18. Met with several High School students to assist them with their project on "homelessness" . 19 . Attended meeting with Steve Alexander of LGPI and Peggy Christiansen to lay out personnel and salary study parameters. 20. Met with Lance Pugh of Old Ashland Armory, Paul Nolte and Peggy C. to discuss their grant request to. the Regional Strategies committee. 21. Met with Steve Groveman of Youthworks and Ken Mickelson to review their proposal to request use of property at Garfield Park for Community Youth Services Center. 22 . Attended meeting of Non-generating customers of BPA in Portland with BPA Administrator Randy Hardy and other officials to discuss our concerns about the direction of the Power Sales Contract negotiations. 2 i• STATUS OF VARRIOUS CITY PROJECTS: 1. Electric Substation. Construction of the substation is now complete and energized. We have also completed our electrical work, and are now in the process of removing the old poles. Landscaping is nearly completed except for ground cover. We plan on having a dedication with BPA official some time in February. 2 . Open Space Program. Met again with Ron Bolstad to discuss the acquisition of the 40 acre SOSC Perrozi tract. We have still not received a response to an offer we made to the owner of the granite pit above Lithia Park. In addition, the owner of the 20+ acre knoll above Strawberry Lane is having his land appraised and we are close to a settlement. 3 . Capital Improvement Plan. In light of the fact that we have not received the final engineering study on seismic retrofitting City Hall and other cost data, we will postpone a public presentation on the overall plan until Spring. 5. Office Addition at Civic Center. Working drawings and specifications have been completed. All action has been postponed pending completion of final cost reports on the Ad Hoc Committee's recommendations. III. STATUS OF COUNCIL GOALS (Uncompleted items) : 1994-95: 1. Resolve A.D.A. requirements including giving consideration to back wall defects and full accessibility for City Hall and Engineering offices. A recommendation on barrier removal was presented to the Council on June 5 and adopted. The 94/95 CBDG budget appropriates $22, 500 per year for these projects. We are to do the items most beneficial to the handicapped first. The plan will take about 8 years to complete. Also, we have reached agreement with OSF regarding a joint-use elevator at the rear of City Hall which will include a seismic upgrade to the rear wall. 2 . Form Ad Hoc committee to develop strategies for improved two-way communication between citizens and the Council . Mayor, Councilor Laws and City Administrator met recently to formulate ideas. We will be reporting these recommendations to the Council in the near future. 3 . Revise Land use procedures to enhance use of neighborhood problem solving and mediation. Draft being prepared by City Attorney. 3 I E 1994-95 NOTES TO STAFF (Uncompleted items) : 1. Directed City Administrator to investigate the status of the Railroad property; i.e. clean-up, availability for purchase, etc. Brian L. Almquist City Administrator BA:ba 4 w. Of AS `L Aemorandum '•.O4E00�.•�; December 8, 1994 X110: City Council Members �rom: Catherine Golden, Mayor '*uhiec#: Commission Appointments I would like to appoint Richard L. Whitall and Vince James to the vacancies on the Tree Commission which occurred with the resignations of Susan Hunt and Sharon Dvora effective December 1, 1994. Both of these term expire in 1996. The vacancies were advertised and we received responses from Mr. James and Mr. Whitall. Their letters and resum6s are attached. (r.Co \Appoinl.mm) Attachments V/,t/(- E- S/9 M E S _. /237 ASla A 1Tul��TS 2 F o 7/z FE core / ss / ai✓ .4 �Po%✓ T� E�✓T L (9 RM /4 sK li✓ G 70 .2� E coi✓s/pE.� E- P z p c /TY T2E F CO�i`r/ SS/o/✓. ,q Pos /s i/ o /� R q ✓14 /,✓ ,g/✓c F i✓ ✓ E G 6 � F /z/! L vACAL '�. Z f/A � fti✓tJ //✓ 6 cpMme„ / 7,r7Ei✓T ✓r O F � s 7/-� �✓�li✓ G o f �� E wNI � H Z.5 C- /gA/ 19 y ��„i p S/i✓G E I S 7 g. � /�R ✓F L l ✓E t� I-/cJ� B o y p 7 S T� ?E o cr,E 6 E G 2/-/ v ��° is ,i,FS E,tiPc-6 � S pEG2EE . Z ✓� folzEt7/z LA) L) FS foJZ gEC,9� f p/ST C7• LfITE /Z Z E �} 5// L /��d S igr7 cdlz2E�7c 6 Y � E Iq c Ta/z `z 7/ 7 L F /�✓ s v/z/a n/ E Gn ,gds/ G� ✓F E W J G f/ ,g is L K G /z o (/�' ,9 GE /✓v /.✓E /.✓ 7E'/zEsT /''� � Y /� 7E1� E- si ,45ffL /9 �/D . Z /f0P� ?SAT fj7cJA � /F `� /''/ E F°!z >/{ E i`'os / STi��• YO f 0 !Z `IO U L0•✓S /!� E /2 4 T/o�, S/i✓GE /LE L j Richard L. Whitall Nov 994 Honorable Mayor Catherine Golden Ashland City Hall NOV 2 8 1994 20 E. Main Street r I Ashland, Oregon 4WD, ' yil Li Dear Mayor Golden; I was pleased to see today the tree commission vacancy re-posted in the Daily Tidings. I had considered applying the last go-round, but could not meet the deadline. Did.no-one at all apply? If so, what does everyone else know about this commission that I do not? Seriously, I've been seeking the vehicle for involving myself more, civically, and given my current life direction feel this would '�be an - - excellent opportunity. Please consider me for the position. It would be an honour to serve our city beside someone I admire as much as yourself. Sincerely, � enclosure Richard L. Whitall 350 B Street ^� Ashland, Oregon 488-6496 FORESTRY EXPERIENCE Timber Cruiser, Ashland Ranger ,District, U.S. Forest Service. Yes, they still call trees timber. I surveyed and marked salvage and fuel-management prescriptions in the Ashland Watershed for the "Helicopter" sale, September 1989 - January 1990. Watershed Restoration Technician, Lake Tahoe Basin Management Unit (USFS) . I installed a variety of erosion-control measures along streams, trails and on unstable slopes;, built' enclosures, exclosures, retaining walls, ,steps and a bridge; performed tree thinning, revegetation and habitat restoration. _ Summers, 1986-87. Youth Conservation Corps 'Crewleader; Lake Tahoe Basin Management Unit. I supervised a crew of teens _performing projects similar to above. Also: trail maintenance, meadow reclamation, wilderness stream restoration and recreation, - related projects. Summers, 1988-89. Wildland Firefighter, .California Department of Forestry,. U.S. Forest Service. Dutieg as_ you might expect, including helitack firecrew and Ashland Watershed prevention patrol. Summers, 1980-83, 1989, 1994. GARDENING/HORTICULTURE EXPERIENCE Landscape.Management Major, Rogue Community College. I'm enrolled in. an academic-year program covering: horticulture, arboriculture and all aspects- of landscape installation and maintenance. Objective: to start. a business in landscape design and installation. Landscape Technician, Loftus Landscaping. I've hog-tied Ted into mentoring me as I provide him cheap labor and stimulating conversation. Landscape -Designer%Installer, 350, B Street. A landscape-in-progress, �slowly ,- approaching ,a nebulous, transitory vision. Gardener/Grounds Keeper, Inn by the Lake, South Lake Tahoe. I restored, or redesigned and replanted, large .areas, and was the only gardener, responsible for several acres of grounds. June, 1985 - February, 1986. OTHER VALUABLE EXPERIENCE Elementary School Teacher, 2nd grade, South Lake Tahoe, 1988-89; 6th grade, Ashland Middle School, 1992-93. Child Treatment Specialist, So. Oregon Child Treatment Center (SOCSTC) , January 1990 - September 1992. ,REFERENCES Ted. Loftus,. Loftus Landscaping, 535=7649 Dot Gordon, Executive Director, SOCSTC, 482-5792 Mel Weishahn„ Education Professor; SOSC/neighbor, 482-9386 CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM December 15, 1994 To: Mayor and City Council From: Paul Nolte Subject: Fourth draft of Mutual Agreement and Order (MAO), Environmental Quality Commission, Ashland Wastewater Treatment Plant I requested DEQ to make several changes to the third draft of the MAO presented to the council on December 6, 1994. Some of those requested changes are reflected in the fourth draft which is attached to this memorandum. In paragraph y15 (page 5) the "force majeure" clause has been expanded to describe additional specified acts which are beyond the City's control and which, therefor, excuse the City for being unable to complete the schedule in a timely manner. The changes are in the last sentence of the paragraph as follows: "Circumstances or events beyond Permittee's control include, but are not limited � to acts of nure, strikes, work stoppages Or other r .r dlfflcIU r at e les ex�� nCB t}y the OpCltt$Ctgr, sh�rtags Gr failure ijf supply mf mater�lS, IaE� ir lust, pn'iver, txl7ttnt scipptlaswvr tFans) rtiion to the coratfactcar, fires oc r�tYtet CdsUtty; explosion, riot, sabotage, or war. Increase cost of performance or consultant's failure to provide timely reports may not be considered circumstances beyond Permittee's control." Paragraph 21 was changed in the following manner: "21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D shall be due upon written demand. Stipulated civil penalties shall be paid by check or money order made payable to the "Oregon State Treasurer" and sent to: Business Office, Department of Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the Department, Permittee may request a hearing to contest the Demand Notice Per�itte CotlteStS the Demand. tJatice tfis Givi! ierYatty;shall-.rtatb cfii�urltll �Irial Ottler js issued At any such hearing, the issue shall be limited Permittee's compliance or non compliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and shall not be a contestable issue. This is not the change I requested' but it goes a long way in clarifying that civil penalties will not be imposed until after a hearing, if the City requests such hearing. DEQ would not make the changes I requested in paragraph 14.D2, reasoning that its something DEQ has never done, the schedules in the MAO must be complied with and there is a method provided in paragraph 15 if the City is delayed in complying with the MAO. DEQ did change paragraph 14.D to clarify that penalties for chlorine violations under paragraph 14.0 are $100 per day. The third draft was silent on what the penalty would be. I requested that DEQ use this language in paragraph 21: 1121. Any stipulated civil penalty imposed pursuant to Paragraph 14 .D shall be impgs.. tkxrau a propraate? aa*im stxat� re and: gudYCa al �: p proceedings. Stipulated civ`iT' penalties shall be paid by cliecic or money order made payable to the "Oregon State Treasurer" and sent to: Business Office, Department of Environmental Quality, 811, S.W. Sixth Avenue, Portland, Oregon 97204 . Within 21 days of . At any such proceeCing, the' issue shall be limited Permittee's compliance or non-compliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and shall not be a contestable issue. " 2 The following changes were requested in this paragraph: 1114 .D. Requiring Permittee, e,_ ___ _ __ '-t of a written to pay a civil penalty of $250 for each day of each violation of the schedule of compliance set forth in Paragraph 14 .A and 14 .B. 190 civil penalty `Shallob'8 imposed until: �f: �,��st ao°;days' ;written not�ee by the Aepartment` " speefyzng the nature of Permsttee's =non compliance with reasonable part�.CU�arity; �� 'the Hari oo�p� ancg� f.s of such a nature that It cannot be comiletely remedied within thirty days;:-aftex the notice, tha.s pr;;pvision shall<be compiie"d with if Permute begins correct�on:; of the non compliancel,,witb in" the thirty day period aT}`d oc thergafter `;preeds wa tli reasonable liligenoe andlzn g©cd faith to effect%compliance as soon as practiab�e• " DEPARTMENT OF ENVIRONMENTAL QUALITY WESTERN REGION - MEDFORD 201 W MAIN #21) e MEDFORD OR 97504 (503) 776-6010 FAX (503) 776-6262 Date: 1 C. To:— ¢ /Vo FAX Number: Phone Number: 7 From: �p (�YtS i ext. 230 Number of Pages (including this cover sheet): O Comments: y-t4 c A eIf ;s 7 It y zo f e AtgD wA ;c/ ."LC/BAs 54r . e � PA7®IANKlmb DEC 14 , FOURTH DRAFT I BEFORE THE ENVIRONMENTAL QUALITY COMMISSION 2 OF THE STATE OF OREGON 3 IN THE MATTER OF: ) MUTUAL AGREEMENT 4 City of Ashland, ) AND ORDER No. WQMW-WR-94-325 5 Permittee, ) JACKSON COUNTY 6 WHEREAS: 7 1. On March 6, 1992,the Department of Environmental Quality (Department or 8 DEQ) issued National Pollutant Discharge Elimination System (NPDES) Permit Number 9 100862 (Permit) to City of Ashland (Permittee). The Permit authorizes the Permittee to 10 construct, install, modify or operate a wastewater collection, treatment, control and disposal 11 system and discharge to public waters adequately treated wastewaters only from the 12 authorized discharge point or points established in Schedule A and only in conformance with 13 the requirements, limitations and conditions set forth in the Permit: The expiration date on 14 the permit is December 31, 1994. The Permittee has made a timely application for renewal 15 of the Permit. Pursuant to OAR 340-45-040, the Permit shall not be deemed to expire until 16 final action has been taken on the renewal application to issue or deny the permit. 17 2. Prior to the issuance of the Permit, the Environmental Quality Commission 18 (Commission) promulgated OAR 340-41-385 which set water quality standards within the 19 Bear Creek subbasin and set a deadline of December 31, 1994 to meet these standards. 20 These standards included Total Maximum Daily Load (TMDL) waste load allocations. By 21 letter dated October 11, 1991, Permittee requested the extension of this date to December 31, 22 1995. DEQ did not grant this extension. 23 3. Paragraph 2.a of Schedule C of the Permit requires that by no later than 24 September 1, 1992, the Permittee shall submit to the Department a final facilities plan report 25 (FPR) for providing upgraded and expanded wastewater treatment facilities as needed to meet 26 TMDL allocations, to comply with Oregon's water quality standard for chlorine residual and 27 PAGE 1 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 2$ (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 ammonia-nitrogen, and to comply with state and federal sewage sludge management 2 requirements. 3 4. Stipulation and Final Order No. WQ-SWR-91-202 (SFO) was issued by the 4 Commission to Permittee on February 7, 1992. 5 5. Paragraph 10A of the SFO requires that by September 1, 1992, the Permittee 6 shall submit a complete facilities plan report for providing upgraded and expanded 7 wastewater control as needed to: 8 (a) meet the TMDL for Bear Creek 9 (b) assure that any toxic impact of the Permittee's discharge of chlorine residual 10 or any other toxic substance complies with OAR 340-41-965(2)(p) for toxic substances and 11 OAR 340-41-965(4) for mixing zones; and, 12 (c) comply with state and federal sewage sludge management requirements. 13 6. On September 10, 1992, at the request of the Permittee, the Department issued 14 SFO addendum 1 which extended the compliance date to January 1, 1993. This extension 15 was granted to allow.the Permittee time to completely evaluate the alternative of abandoning 16 the present treatment plant and connecting to the Medford wastewater treatment plant through 17 Bear Creek Sanitary Authority transmission facilities. 18 7. On December 29, 1992, again at the request of the Permittee, the Department 19 issued SFO addendum 2 which extended the compliance date to July 1, 1993. This extension 20 was granted to allow the Permittee time to completely evaluate the alternative of using a 21 constructed wetland to produce an effluent that could be delivered to the Talent Irrigation 22 District (TID) in exchange for leaving flows in Bear Creek which during summer months 23 would otherwise be diverted to the TID canal. 24 8. On June 11, 1993, again at the request of the Permittee, Fred Hansen, the 25 Director of the Department of Environmental Quality (Director) at that time, issued a letter 26 which extended the compliance date to July 30, 1993. 27 PAGE 2 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 9. On August 31, 1993, the Director sent Permittee a letter which stated "I do not 2 intend to enforce the July 31, 1993 date for submittal of a facilities plan. I do expect to 3 renegotiate the compliance schedule in the SFO at some time in the future, however." 4 10. Because of Permittee's lack of a facilities plan and a constructed facility, 5 Permittee is currently unable to comply with the Permit limitation for chlorine residual. 6 11. Also because of Permittee's lack of a facilities plan and a constructed facility, 7 Permittee will be unable to comply with the TMDL discharge limitations referred to in 8 Paragraph 2 by the December 31, 1994 deadline. 9 12. The Department and Permittee recognize that until Permittee completes the 10 actions required by this Mutual Agreement and Order(MAO), Permittee will violate the 11 Permit and Oregon law. Therefore, pursuant to ORS 183.415(5), the Department and 12 Permittee wish to settle those past violations referred to in Paragraphs 3 through 10 and to 13 limit and resolve the future violation referred to in Paragraph 11 in advance by this MAO. 14 13. This MAO is not intended to limit, in any way, the Department's right to 15 proceed against Permittee in any forum for any past or future violations not expressly settled 16 herein. 17 NOW THEREFORE, it is stipulated and agreed that: 18 14. The Environmental Quality Commission shall issue a final order which will 19 replace SFO WQ-SWR-91-202 and all addendums: 20 A. Requiring Permittee to comply with the following schedule: 21 (1) By May 20, 1995, the Permittee shall select a preferred option 22 for modifying the wastewater treatment facilities. 23 (2) By July 1, 1995, based on the selected option, the Permittee shall 24 submit for Department approval a complete facilities plan which will: 25 (a) meet the TMDL for Bear Creek; 26 (b) assure that any toxic impact of the Permittee's discharge of chlorine 27 PAGE 3 - MUTUAL AGREEMENT AND ORDER (CASE NO. wQMW-WR-94325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT I residual or any other toxic substances complies with OAR 340-41-965(2)(p) for toxic 2 substances and OAR 340-41-965(4) for mixing zones and; 3 (c) contain a proposed schedule for completing facilities modifications 4 and/or upgrades. 5 B. Requiring Permittee to, upon Department approval, commence with the 6 agreed upon plan referred to in Paragraph 14(A)(2) above and complete construction of the 7 facilities in compliance with the agreed upon schedule referred to in Paragraph 14(A)(2)(c) 8 above. 9 C. Requiring Permittee to meet the following interim waste discharge qu' � g 10 limitations for daily median chlorine residual concentration until Permittee completes 11 construction of the facilities required by this MAO: 12 The chlorine residual concentration shall not exceed a daily median of 0.5 mg/l. 13 D. Requiring Permittee, upon receipt of a written notice from the Department 14 for any violations of this MAO, to pay a civil penalty of$100 for each day of each violation 15 of Paragraph 14.C. and $250 for each day of each violation of the schedule of compliance set 16 forth in Paragraph 14.A. and 14.B. 17 15. If any event occurs that is beyond Permittee's reasonable control and that causes 18 or may cause a delay or deviation in performance of the requirements of this MAO, 19 Permittee shall immediately notify the Department verbally of the cause of delay or deviation 20 and its anticipated duration, the measures that have been or will be taken to prevent or 21 minimize the delay or deviation, and the timetable,by which Permittee proposes to carry out 22 such measures. Permittee shall confirm in writing this information within five (5) working 23 days of the onset of the event. It is Penmittee's responsibility spo ty in the written notification to 24 demonstrate to the Department's satisfaction that the delay or deviation has been or will be 25 caused by circumstances beyond the control and despite due diligence of Permittee. If 26 Permittee so demonstrates, the Department shall extend times of performance of related 27 PAGE 4 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 activities under this MAO as appropriate. Circumstances or events beyond Permittee's 2 control include, but are not limited to acts of nature, strikes, work stoppages or other labor 3 difficulties experienced by the contractor, shortage or failure of supply of materials, labor, 4 fuel, power, equipment, supplies or transportation to the contractor, fires or other casualty, 5 explosion, riot, sabotage, or war. Increased cost of.performance or consultant's failure to 6 provide timely reports may not be considered circumstances beyond Permittee's control. 7 16. Regarding the violations set forth in Paragraphs 3 through 11 above, which are 8 expressly settled herein without penalty, Permittee and the Department hereby waive any and 9 all of their rights to any and all notices, hearing, judicial review, and to service of a copy of 10 the final MAO herein. The Department reserves the right to enforce this MAO through 11 1 appropriate administrative and judicial proceedings. 12 17. The terms of this MAO may be amended by,the mutual agreement of the 13 Department and Permittee. 14 18. This MAO shall be binding on the parties and their respective successors, 15 agents, and assigns. The undersigned representative of each party certifies that he or she is 16 fully authorized to execute and bind such party to this MAO. No change in ownership or 17 corporate or partnership status relating to the facility shall in any way alter Permittee's 18 obligations under this MAO, unless otherwise approved in writing by DEQ. 19 19. All reports, notices and other communications required under or relating to this 20 MAO should be directed to Mr. Jonathan Gasik, DEQ Medford Office, 201 W. Main Street, 21 Medford, Oregon 97501; phone number (503) 776-6010 x230. The contact person for 22 Permittee shall be Mr. Steven M. Hall, Public Works Director, City Hall, Ashland, Oregon 23 97520. 24 20. Permittee acknowledges that it has actual notice of the contents and requirements 25 of the MAO and that failure to fulfill any of the requirements hereof would constitute a 26 violation of this MAO and subject Permittee to payment of civil penalties pursuant to 27 PAGE 5 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 Paragraph 14.13. above. 2 21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D. shall be due 3 upon written demand. Stipulated civil penalties shall be paid by check or money order made 4 payable to the "Oregon State Treasurer" and sent to: Business Office, Department of 5 Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days 6 of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the 7 Department, Permittee may request a hearing to contest the Demand Notice. If Permittee 8 contests the Demand Notice, the stipulated civil penalties shall not be due until a Final Order 9 is issued. At any such hearing, the issue shall be limited to Permittee's compliance or non- 10 compliance with this MAO. The amount of each stipulated civil penalty for each violation 11 arid/or day of violation is established in advance by this MAO and shall not be a contestable 12 issue. 13 22. Providing Permittee has paid in full all stipulated civil penalties pursuant to 14 Paragraph 21 above, this MAO shall terminate 60 days after Permittee demonstrates full 15 compliance with the requirements of the schedule set forth in Paragraph 14.A and 14.B. 16 above. 17 18 19 20 21 22 4 23 24 25 26 27 PAGE 6 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) (ENF-PER.MAO &29-94) 28 FOURTH DRAFT I 1 2 Permittee 3 4 Date Steven M. Hall, P.E. 5 Public Works Director, City of Ashland 6 ' a 7 8 DEPARTMENT OF ENVIRONMENTAL QUALITY 9 10 11 ate Lydia Taylor, Acting Director 12 13 FINAL ORDER 14 15 IT IS SO ORDERED: 16 17 ENVIRONMENTAL QUALITY COMMISSION 18 19 Date Lydia Taylor Acting Director 20 Department of Environmental Quality Puisuantto OAR 340-11-136(1) 21 22 D 23 24 25 26 27 PAGE 7 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) (ENF-PER.MAO 8-29-94) 28 CITY ATTORNEY CITY OF ASHLAND 20 EAST MAIN STREET (503) 482-3211, EXT. 59 MEMORANDUM December 15, 1994 To: Mayor and City Council From: Paul Nolte Subject: Fourth draft of Mutual Agreement and Order (MAO), Environmental Quality Commission, Ashland Wastewater Treatment Plant I requested DEQ to make several changes to the third draft of the MAO presented to the council on December 6, 1994. Some of those requested changes are reflected in the fourth draft which is attached to this memorandum. In paragraph 15 (page 5) the "force majeure" clause has been expanded to describe additional specified acts which are beyond the City's control and which, therefor, excuse the City for being unable to complete the schedule in a timely manner. The changes are in the last sentence of the paragraph as follows: "Circumstances or events beyond Permittee's control include, but are not limited to acts of nature, ��strikes, work stoppages or oh$r labor difftcuittes �pet'€enCerl by#tie �ot'itraotrar, Sl�Rrtage ar faiiUre of SUppiy cai materrats, labor tuet, jaiwer, npz><��nt,.;supplce�o�transpc�rt�tlor�to the �v�t#�actctr, fires qr. ath4t; c15 , explosion, riot, sabotage, or war. Increase cost of performance or consultant's failure to provide timely reports may not be considered circumstances beyond Permittee's control." Paragraph 21 was changed in the following manner: "21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D shall be due upon written demand. Stipulated civil penalties shall be paid by check or money order made payable to the "Oregon State Treasurer" and sent to: Business Office, Department of Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the Department Permlttee may request a hearing to contest the Demand Notice ij Permlt;ea G. ....I s thr Demand C�tQtice'#he CIYiif'ert�Ilty shalS r�rat b .dueuntil a ;"Ital Order is issued. At any such hearing, the issue shall be limited Permittee's compliance or non- compliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and shall not be a contestable issue. This is not the change I requested' but it goes a long way in clarifying that civil penalties will not be imposed until after a hearing, if the City requests such hearing. DEQ would not make the changes I requested in paragraph 14.D2, reasoning that its something DEQ has never done, the schedules in the MAO must be complied with and there is a method provided in paragraph 15 if the City is delayed in complying with the MAO. DEQ did change paragraph 14.1) to clarify that penalties for chlorine violations under paragraph 14.0 are $100 per day. The third draft was silent on what the penalty would be. I requested that DEQ use this language in paragraph 21: 1121. Any stipulated civil penalty imposed pursuant to Paragraph 14 .D shall be a imposed thxauxh appropr� at ; admXntstxatave and„judicial pflpeedngs. Stipulated civil penalties shall'"be paid by check or money order made payable to the "Oregon State Treasurer" and sent to: Business Office, Department of Environmental Quality, 811, S.W. Sixth Avenue, Portland, Oregon 97204 . Mitt dais of . At any such—kea ..: proceedzng, the issue shall be limited Permittee's compl ance 'or non-compliance with this MAO. The amount of each stipulated civil penalty for each violation and/or day of violation is established in advance by this MAO and shall not be a contestable issue. ” 2 The following changes were requested in this paragraph: 1114 .D. Requiring Permittee, netlee frein the n..........4... ..+ fer- any of this earn to pay a civil penalty of $250 for each day of each violation of the schedule of compliance set forth in Paragraph 14 A and 14 . B. No civil panalty shall t ;e imposed until at lest 30;<days' ;�ritten nat�Ge by the taepaztment specxfyzng the nature of i'ermittee's non compliance with reasonat��e•;pax<ta.cd�arity l� '�he nan-compl .ance :�s �>: such. a nature that ztannot 'be completely remedied within thirty: days, a tax :the nati i r e, t}ta s prquision shall 'be comply ed wltli zf Permittee begins correctzon: of the non compliance within ` the tihzxtyday pez� od and therafte e iproceeds wztri reasona]�le .chligenee and zn goad faith to effect .epmpliance as soon as pr�acti,�able DEPARTMENT OF ENVIRONMENTAL QUALITY O i WESTERN REGION - MEDFORD 201 W MAIN /12D e MEDFORD OR 97504 (503) 776-6010 FAX (503) 776-6262 Date: C. To: I'Q /V. FAX Number: Phone Number: '/R 7_ - 3 z / i From: O &9-S / ext. 2 --0 Number of Pages (including this cover sheet): O Comments: _ y t4 c e 5 7�e �/ �rp-r * AIg0 c,)/ ;c,4 ,Ac/dcle s Ste al�,�,�� 44J le use 4 FAXBLANKlmb DFr, 1 4 FOURTH DRAFT 1 BEFORE THE ENVIRONMENTAL QUALITY COMMISSION 2 OF THE STATE OF OREGON 3 IN THE MATTER OF: ) MUTUAL AGREEMENT City of Ashland, ) AND ORDER 4 ) No. WQMW-WR-94-325 5 Permittee, ) JACKSON COUNTY 6 WHEREAS: 7 1. On March 6, 1992,the Department of Environmental Quality (Department or 8 DEQ) issued National Pollutant Discharge Elimination System (NPDES) Permit Number 9 100862 (Permit) to City of Ashland (Permittee). The Permit authorizes the Permittee to 10 construct, install, modify or operate a wastewater collection, treatment, control and disposal 11 system and discharge to public waters adequately treated wastewaters only from the 12 authorized discharge point or points established in Schedule A and only in conformance with 13 the requirements, limitations and conditions set forth in the Permit: The expiration date on 14 the permit is December 31, 1994. The Permittee has made a timely application for renewal 15 of the Permit. Pursuant to OAR 340-45-040, the Permit shall not be deemed to expire until 16 fmal action has been taken on the renewal application to issue or deny the permit. 17 2. Prior to the issuance of the Permit, the Environmental Quality Commission 18 (Commission) promulgated OAR 340-41-385 which set water quality standards within the 19 Bear Creek subbasin and set a deadline of December 31, 1994 to meet these standards. 20 These standards included Total Maximum Daily Load (TMDL) waste load allocations. By 21 letter dated October 11, 1991, Permittee requested the extension of this date to December 31, 22 1995. DEQ did not grant this extension. 23 3. Paragraph 2.a of Schedule C of the Permit requires that by no later than 24 September 1, 1992, the Permittee shall submit to the Department a final facilities plan report 25 (FPR) for providing upgraded and expanded wastewater treatment facilities as needed to meet 26 TMDL allocations, to comply with Oregon's water quality standard for chlorine residual and 27 PAGE 1 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94325) 2$ (ENF-PER.MAO 8-29-94) , FOURTH DRAFT 1 ammonia-nitrogen, and to comply with state and federal sewage sludge management 2 requirements. 3 4. Stipulation and Final Order No. WQ-SWR-91-202 (SFO) was issued by the 4 Commission to Permittee on February 7, 1992. 1 5. Paragraph 10A of the SFO requires that by September 1, 1992, the Permittee 6 shall submit a complete facilities plan report for providing upgraded and expanded 7 1 wastewater control as needed to: 8 r (a) meet the TMDL for Bear Creek 9 (b) fissure that any toxic impact of the Permittee's discharge of chlorine residual 10 or any other toxic substance complies with OAR 34041-965(2)(p) for toxic substances and 11 OAR 340-41-965(4) for mixing zones; and, 12 (c)-comply with state and federal sewage sludge management requirements. 13 6. On September 10, 1992, at the request of the Permittee, the Department issued 14 SFO addendum 1 which extended the compliance date to January 1, 1993. This extension 15 was granted to allow the Permittee time to completely evaluate the alternative of abandoning 16 the present treatment plant and connecting to the Medford wastewater treatment plant through 17 Bear Creek Sanitary Authority transmission facilities. 18 7. On December 29, 1992, again at the request of the Permittee, the Department 19 issued SFO addendum 2 which extended the compliance date to July 1, 1993. This extension 20 was granted to allow the Permittee time to completely evaluate the alterative of using a 21 constructed wetland to produce an effluent that could be delivered to the Talent Irrigation 22 District (TID) in exchange for leaving flows in Bear Creek which during summer months 23 would otherwise be diverted to the TID canal. 24 8. On June 11, 1993, again at the request of the Permittee, Fred Hansen, the 25 1 Director of the Department of Environmental Quality (Director) at that time, issued a letter 26 which extended,the compliance date to July 30, 1993. 27 PAGE 2- MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 9-29-94) FOURTH DRAFT 1 9. On August 31, 1993, the Director sent Permittee a letter which stated "I do not 2 intend to enforce the July 31, 1993 date for submittal of a facilities plan. I do expect to 3 renegotiate the compliance schedule in the SFO at some time in the future, however." 4 10. Because of Permittee's lack of a facilities plan and a constructed facility, 5 Permittee is currently unable to comply with the Permit limitation for chlorine residual. 6 11. Also because of Permittee's lack of a facilities plan and a constructed facility, 7 Permittee will be unable to.comply with the TMDL discharge limitations referred to in 8 Paragraph 2 by the December 31, 1994 deadline. 9 12. The Department and Permittee recognize that until Permittee completes the 10 actions required by this Mutual Agreement and Order(MAO), Permittee will violate the 11 Permit and Oregon law. Therefore, pursuant to ORS 183.415(5), the Department and 12 Permittee wish to settle those past violations referred to in Paragraphs 3 through 10 and to 13 limit and resolve the future violation referred to in Paragraph 11 in advance by this MAO. 14 13. This MAO is not intended to limit, in any way, the Department's right to 15 proceed against Permittee in any forum for any past or future violations not expressly settled 16 herein. 17 NOW THEREFORE, it is stipulated and agreed that: 18 14. The Environmental Quality Commission shall issue a final order which will 19 replace SFO WQ-SWR-91-202 and all addendum s: 20 A. Requiring Permittee to comply with the following schedule: 21 (1) By May 20, 1995, the Permittee shall select a preferred option 22 for modifying the wastewater treatment facilities. 23 (2) By July 1, 1995, based on the selected option, the Permittee shall 24 submit for Department approval a complete facilities plan which will: 25 (a) meet the TMDL for Bear Creek; 26 (b) assure that any toxic impact of the Permittee's discharge of chlorine 27 PAGE 3 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325 28 (ENF-PER.MAO 8-29-94) a 1 FOURTH DRAFT 1 residual or any other toxic substances complies with OAR 340-41-965(2)(p) for toxic i 2 substances and OAR 34041-965(4) for mixing zones and; 3 (c) contain a proposed schedule for completing facilities modifications 4 and/or upgrades. 5 B. Requiring Permittee to, upon Department approval, commence with the 6 agreed upon plan referred to in Paragraph 14(A)(2) above and complete construction of the 7 facilities in compliance with the agreed upon schedule referred to in Paragraph 14(A)(2)(c) 8 above. 9 C. Re qu.tg rtn Permittee to meet the following interim waste discharge . 10 limitations for daily median chlorine residual concentration until Permittee completes 11 construction of the facilities required by this MAO: 12 The chlorine residual concentration shall not exceed a daily median of 0.5 mg/l. 13 1 D. Requiring Permittee, upon receipt of a written notice from the Department 14 for any violations of this MAO, to pay a civil penalty of$100 for each day of each violation 15 of Paragraph 14.C. and $250 for each day of each violation of the schedule of compliance set 16 forth in Paragraph 14.A. and 14.B. 17 15. If any event occurs that is beyond Permittee's reasonable control and that causes 18 or may cause a delay or deviation in performance of the requirements of this MAO, 19 Permittee shall immediately notify the Department verbally of the cause of delay or deviation 20 and its anticipated duration, the measures that have been or will be taken to prevent or 21 minimize the delay or deviation, and the timetable,by which Permittee proposes to carry out 221 such measures. Permittee shall confirm in writing this information within five (5) working 23 1 days of the onset of the event. It is Permittee's responsibility spo ty in the written notification to 24 demonstrate to the Department's satisfaction that the delay or deviation has been or will be 25 caused by circumstances beyond the control and despite due diligence of Permittee. If 26 1 Permittee so demonstrates, the Department shall extend times of performance of related 211 4 PAGE 4- MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 activities under this MAO as appropriate. Circumstances or events beyond Permittee's 2 control include, but are not limited to acts of nature, strikes, work stoppages or other labor 3 difficulties experienced by the contractor, shortage or failure of supply of materials, labor, 4 fuel, power, equipment, supplies or transportation to the contractor, fires or other casualty, 5 explosion, riot, sabotage, or war. Increased cost of-performance or consultant's failure to 6 provide timely reports may not be considered circumstances beyond Permittee's control. 7 16. Regarding the violations set forth in Paragraphs 3 through 11 above, which are a 8 expressly settled herein without penalty, Permittee and the Department hereby waive any and 9 all of their rights to any and all notices, hearing, judicial review, and to service of a copy of 10 the final MAO herein. The Department reserves the right to enforce this MAO through 11 appropriate administrative and judicial proceedings. 12 17. The terms of this MAO may be amended by the mutual agreement of the 13 Department and Permittee. 14 18. This MAO shall be binding on the patties and their respective successors, 15 agents, and assigns. The undersigned representative of each party certifies that he or she is 16 fully authorized to execute and bind such party to this MAO. No change in ownership or 17 corporate or partnership status relating to the facility shall in any way alter Permittee's 18 obligations under this MAO, unless otherwise approved in writing by DEQ. 19 19. All reports, notices and other communications required under or relating to this 20 MAO should be directed to Mr. Jonathan Gasik, DEQ Medford Office, 201 W. Main Street, 21 Medford, Oregon 97501; phone number (503) 776-6010 x230. The contact person for 22 Permittee shall be Mr. Steven M. Hall, Public Works Director, City Hall, Ashland, Oregon 23 1 97520. 24 20. Permittee acknowledges that it has actual notice of the contents and requirements 25 of the MAO and that failure to fulfill any of the requirements hereof would constitute a 26 violation of this MAO and subject Permittee to payment of civil penalties pursuant to 27 PAGE 5 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) 28 (ENF-PER.MAO 8-29-94) FOURTH DRAFT 1 Paragraph 14.1). above. 2 21. Any stipulated civil penalty imposed pursuant to Paragraph 14.D. shall be due 3 upon written demand. Stipulated civil penalties shall be paid by check or money order made 4 payable to the "Oregon State Treasurer" and sent to: Business Office, Department of 5 Environmental Quality, 811 S.W. Sixth Avenue, Portland, Oregon 97204. Within 21 days 6 of receipt of a "Demand for Payment of Stipulated Civil Penalty" Notice from the 7 Department, Permittee may request a hearing to contest the Demand Notice. If Permittee 8 1 contests the Demand Notice, the stipulated civil penalties shall not be due until a Final Order 9 is issued. At any such hearing, the issue shall be limited to Permittee's compliance or non- 10 compliance with this MAO. The amount of each stipulated civil penalty for each violation 11 and/or day of violation is established in advance by this MAO and shall not be a contestable 12 issue. 13 22. Providing Permittee has paid in full all stipulated civil penalties pursuant to 14 paragraph 21 above, this MAO shall terminate 60 days after Permittee demonstrates full 15 compliance with the requirements of the schedule set forth in Paragraph 14.A and 14.B. 16 above. 17 18 19 20 21 22 23 24 25 26 27 PAGE 6 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) (ENF-PER.MAO 8-29-94) 28 FOURTH DRAFT 1 2 Permittee 3 4 Date Steven M. Hall, P.E. 5 Public Works Director, City of Ashland 6 7 8 DEPARTMENT OF ENVIRONMENTAL QUALITY 9 10 11 ate Lydia Taylor, Acting Director 12 13 FINAL ORDER 14 15 IT IS SO ORDERED: 16 17 ENVIRONMENTAL QUALITY COMMISSION 18 19 Date Lydia Taylor, Acting Director 20 Department of Environmental Quality Pursuant to OAR 340-11-136(1) 21 22 23 24 25 26 27 PAGE 7 - MUTUAL AGREEMENT AND ORDER (CASE NO. WQMW-WR-94-325) (ENF-PER.MAO 9-29-94) 28 0fASNMemorandum December 15, 1994 Honorable Mayor and Council r rum: Councillor Rob Winthrop pUbjed: WWTP Facility Decision If you decide to sign an MOA committing us to a July 1 deadline for preparing a facility plan, I suggest we include the following as part of the decision process. We have had so much data and so many options to consider that I feel a well-qualified Review Committee could be very helpful in making one(possibly two) recommendations to aid the Council's decision. If this is of interest, I suggest the following guidelines: 1. The members should already be familiar with the issues. I suggest two or three Council members, two "semi-citizens" who have been deeply involved (specifically Pat Acklin and Greg Williams), one rep from the Wetlands Coalition, one rep from the Clean Air(WWTP neighbors) group, and perhaps one non-aligned citizen such as Klaas VanDePol who has a good engineering background. 2. The Review Committee operate for a brief time: 30 days, perhaps 40 days maximum. 3. If we use this format we make clear that there is NO commitment to follow the recommendations, just to listen seriously. What we're looking for is not so much the "answer" as an explanation of why the recommendation is in fact the best choice. We would then follow in February or March with "open house" style discussions, as with the last phase of the substation siting process or some similar techniques to promote citizen understanding before we get to formal hearings. (,:Council\W WTPRm,nn,) a`{of ASV' , entarandnm , OREG0�,. December 14, 1994 �!1 a: Brian Almquist, City Administrator Ix ram: Steven Hall, Public Works Directorvi, p1IU;Etf: Wastewater Treatment Plan Policy and Goals & Objectives ACTION REQUESTED City Council review and confirm or amend attached draft Policy and adopted Goals and Objectives. BACKGROUND The attached position paper you received prior to Rob Winthrop and I presenting it to Oregon Departments of Environmental Quality (DEQ), Fish and Wildlife(ODFW), Water Resources(OWRD), Agriculture(ODA), Rogue Valley Council of Governments(RVCOG)and representatives of the Bear Creek Coordination Council at a meeting held in Eugene on 11/10/94. The paper is a distillation of Rob and my understanding of Council discussions at the work session held 10/26/94. Council tabled discussion of the position paper from the December 6, 1994 meeting until December 20, 1994. INCREMENTAL COST REPORT John Holroyd will have the incremental cost report prepared for presentation to the City Council at your January 3, 1995 regular meeting. The report will detail costs and benefits of the major components of a major plant upgrade, wetlands and soil filtration system. The comparison will include cost, pollutant removal and comparison of pollutant removal to the winter and summer standards for Bear Creek. I will not be at the January 3 meeting because of personal reasons. If the Council wishes, I could make a formal presentation at your January 17 meeting. FAX: Jonathan Gasik, Senior Environmental Engineer, DEQ Gary Arnold, Nonpoint Source Specialist, DEQ cc: Gary Schrodt, Ashland Wetlands Coalition Nancy Abelle, Ashland Clean Air Coalition Eric: Draft Council Policy Adopted Council Goals and Objectives i CITY OF ASHLAND COUNCIL POSITION PAPER ASHLAND WASTEWATER TREATMENT PLANT DRAFT: November 30, 1994 The options currently before the Council to meet mandated water quality standards in Bear Creek include the abandonment of the City's wastewater treatment plant through use of the Medford regional facility, and a variety of options for maintaining year around effluent discharge to Bear Creek likely to meet TMDL requirements. All options likely to meet TMDL mandates involve costs in the range of $30,000,000 net present value. The following three issues are of major concern to the City Council in this selection process: 1. The central problem before the Council should be the need to improve the overall health of Bear Creek, not to comply with a particular end-of-pipe regulation. 2. There needs to be a coordinated and consistent approach to the problems of Bear Creek, both through consistency in State policy, and through coordinated, regional action by all Bear Creek stakeholders. 3. Decisions regarding expensive end-of-pipe solutions must be guided by plausible evidence that such actions will yield substantial improvements to the health of Bear Creek. Given these premises, the City Council concluded the following: 1. Ashland must bear a major responsibility for improving the health of Bear Creek. 2. Ashland has not received convincing evidence for improvements in watershed health that would justify the costs of total compliance with TMDL regulations. 3. The Council wishes to pursue a regional approach in cooperation with all other Bear Creek stakeholders, the Department of Environmental Quality, and other State agencies that would identify and fund the most cost effective measures for improving the health of the entire Bear Creek system. 4. The Council does not suggest that a regional approach would necessarily result in lower costs for Ashland. Rather a jointly funded, jointly organized approach would yield greater benefits to Bear Creek for the dollars invested. CITY OF ASHLAND WASTEWATER TREATMENT PLANT GOALS AND OBJECTIVES* Adopted by Ne City Co ml October 22, 1982 Rmsed/,ec rmed NovemberA 7992 Revised/remmfirrmmeed��S(>e�ptember 21, 1993 The Ashland City Council requires the Ashland Facilities Plan to the maximum extent practicable to: 1. Satisfy Oregon Department of Environmental Quality (DEQ) standards for effluent from the Ashland Wastewater Treatment Plant (WWTP); 2. Replace the volume of WWTP effluent removed from Bear Creek; 3. Support the natural ecology of Bear Creek; and 4. Minimize capital and operating costs of the WWTP. 5. Eliminate odors created by the WWTP. STATEMENT OF GEC€RAC INTEL ITIDAf The Ashland City Council will give full consideration to the possible use of multiple objective open surface wetlands technology to assist in achieving the WWTP goals. MINIMUM OB lECIM .................................................... The Ashland City Council will determine whether the use of expanded open surface wetlands technology in conjunction with the Ashland Facilities Plan Alternative 3A might produce effluent which could be delivered to the Talent Irrigation District (TID) in exchange for Bear Creek water during summer months, thereby: 1. Maintaining summer water flow levels in Bear Creek, and 2. eliminating the need to establish and maintain the effluent irrigation system proposed in Alternative 3A. t . �cTr�N ln�s The City Council will take the following specific actions to facilitate the achievement of the WWTP Goals by. 1. Undertaking a program of public education which will encourage voluntary activities to reduce the level of phosphates introduced into the WWTP; and 2. Promptly obtain and fund a study to determine the feasibility of using multiple objective open surface wetlands to achieve the WWTP Goals. 'O AF,``� APmorandnm . dgFGGa.•�, December 14, 1994 �a: Brian Almquist, City Administrator IX ram: Steven Hall, Public Works Director , p1IDiECt: Airport Hanger Land Lease ACTION REQUESTED City Council approve: 1. Addition of three(3)T-hangar sites(A, B and C)to Airport Layout Plan contained in the adopted Airport Master Plan as shown on attached Exhibit A. Hangar A will be approximately 50 feet by 50 feet and Hangars B and C will be approximately 42.5 feet by 39 feet. 2. Authorize Airport Commission to conduct a lottery to award leases as per the previous lottery conducted for hangars on Exhibit "A" titled "existing leases". 3. Authorize C5ty Administrator to negotiate leases for three hangar sites and the Mayor to sign the leases. BACKGROUND The Engineering Division has measured the proposed sites to verify that adequate land is available for the proposed land lease areas. The six existing hangars shown on Exhibit "A" were constructed by individuals who were selected through a lottery process. An advertisement was placed in the local newspapers. Each individual wishing to have their name placed in the lottery was required to post a$2,000 refundable deposit with the City to be eligible for the lottery drawing. A proposed lease agreement was given to each individual wishing to be placed on the eligibility list An agreement was then negotiated with the six successful individuals which were in substantial conformance with the proposed agreement Paul Nolte reviewed and approved the lottery process and prepared the agreements for the individual leases. The Airport Commission has directed staff to evaluate the land lease amount and to require the successful individuals to agree to paving the area and construct the storm drain system as shown on Exhibit "A". In addition,the Commission is requiring each hangar to provide apaved parking area for one automobile. In summary, the proposed lease requires the successful individuals to sign an agreement similar to the attached agreement and pay the City a monthly land lease. The standards for constructing hangars will be established by the Airport Commission. Hangars shall become the property of the City after the issuance of an occupancy permit by the City of Ashland Building Department. In turn, the individual does not pay a "T-hangar lease" for 20 years, allowing for a partial amortization of the cost for construction of the hangar. The lease contains an annual inflation factor based on the Consumer Price Index as do all other leases. Staff recommends approval of the Airport Commission proposal. cc: Pam Barlow, Administrative Assistant Airport Commission Enc: Exhibit "A" Previous land lease (c:Wrp\1w ry9.MM) 0 � z � Q � rno\ o� +� z � xxx � N fl Oc� cvc� � � O vz T X T T TT - I � � I = T T T T T T � r z � s W wQ W co, Z n / it \ Z < J F -zo H q�q Q I Ic N O a I F 0.. t t �. W a�j W" 7 °N < C) I O m Qr a0 m_ I �Op �< 111 S ¢... ° 0- I ¢a a ll 00 N rc Z ?OPO II WN I SwH = Z a0 a a 'c / 1I 012 II Q z i O aZ 0 I.I w W w s)a V20— < 6 O F l,j I I N N Z' r ¢ ¢ aU w I ZJO �I '^r °N w v pa / 'I ¢ ma F< al 101 ' II WS jaO J ° W U / II = z N a¢X W a a \ A\ /Tt OI 9Ij1 NRN w m 0 N II a i / �\\/\S� a ° IIIII I h 0°6 J�\\\\\\. \�\\ I o I > I °off. Q a vi \\\\\\\\ \\\` r l DIP I I J m pf Li r4 — � I II L_J ' wW L IL T-1_ -J I-L____J _ J' w �LI I � _ _ a I w 1 I t rl(rr r� i i LJI I L----- I 0< I L _ L______ r-i In I LJUI I L IIILJ ILJ I c = = _ ' I I I °a o ¢ a a I �< lw\ � ------ r, L J 1 -7 I J r,I I f J IIL_J � I z �ti0 3 x I( w= \ L------JI I a \\\cL I �J III II 6 ¢ ! p a II a - -r � _ m W rWa _ z m 00 " II ° I a>w N p L I I ¢o¢ U O� X U z- 0 N Z w la O w U Nv < I u I a �< < < p ZZ� 'Z9L yww .0S SZL DOQ UNO I I J mU2 Uwrc I m a¢a 1 I. CITY OF ASHLAND GROUND LEASE AGREEMENT for HANGAR CONSTRUCTED BY LESSEE ASHLAND MUNICIPAL AIRPORT Ground lease agreement made this day of 1993, by the CITY OF ASHLAND (City) by and through its Airport Commission (Commission) and (Lessee) . Recitals: A. City is the owner and operator of Sumner-Parker Airport situated in the City of Ashland, Oregon, called "Airport", with power to grant right and privileges with respect to its use. B. Lessee is the owner of an aircraft based at the Airport and wishes to construct a hangar for storage of the aircraft. C. City is willing to lease to Lessee a portion of the Airport premises together with such rights and privileges as are set forth in this lease. Lessor and Lessee agree: 1. Description of leased premises. City leases to Lessee a part of the Airport described in Exhibit "A" ("the premises") . 2 . Lease Fees. An initial monthly rental of $20 is established and shall be paid semi-annually in advance for the succeeding six months beginning with the commencement date specified in paragraph 3 . 2 . 1. Annual rent increase. The monthly rent shall increase annually, but not decrease, by multiplying the rent by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January of that subject calendar year, and the denominator of which is the Base CPI Index Figure. To illustrate the preceding sentence, the monthly rent for the year beginning one year from the date of this agreement shall be equal to the product determined by multiplying $20 (the rent specified in paragraph 2) , by one-half times a fraction, the numerator of which is the CPI Index Figure for the month of January, 1994, and the denominator of which is the Base CPI Index Figure. 2 . 1. 1. As used in this paragraph, "Index" shall refer to the following index published by the Bureau of Labor Statistics of the United States Department of Labor: Consumer Price Index, All Urban Consumers (CPI-U) , U. S. City Average, CPI- -All Items ("standard reference base period" 1982-84 = 100) . "Base CPI Index Figure" shall refer to the Index number indicated for the month of January, 1993 , and the "CPI Index Figure" for any other month shall refer to the Index number for that month. If the "Index" is no longer being published as of a particular PAGE 1-HANGAR GROUND LEASE (p:airpon%grwnd.lx)(Mamh 18, 1993) date, then the "CPI Index Figure" for that date shall be the figure reported in the U.S. Department of Labor's most recent comprehensive official index then in use and most nearly answering the description of the Index (or, if the U.S. Department of Labor is not then publishing any such similar index, shall be determined under another comparable, authoritative, generally recognized index to be selected by mutual agreement of Lessor and Lessee) . If the Index is calculated from a base different from the base 1982-84 = 100, then the figures to be used in calculating any adjustment mandated under this Agreement first shall be converted (if possible, under a formula supplied by the Bureau of Labor Statistics of the U. S. Department of Labor) to account for that difference. 2 . 2 . Lease fees will become past due the 11th day of the calendar month and the City will charge interest of 1. 5% per month on past due lease fees. 2 . 3 . All sums resulting from the computation of monthly lease fee shall be rounded to the nearest whole dollar in favor of Lessor. 3 . Term: The term of this lease is 25 years, commencing upon the issuance of a certificate of occupancy by the City of Ashland or 120 days from the date of this lease, whichever occurs first. At the end of this term, Lessee shall have the first right of refusal to lease the premises from the City at the rates and terms then in effect as established by the City. 4 . Use of Premises. Except as provided in this paragraph, the premises shall be used only for the storage of aircraft owned by Lessee. Other items of personal property may be stored temporarily when such storage in no way interferes with the normal storage area of the aircraft in the hangar, and does not otherwise violate this lease. 4 . 1. Lessee shall not store any flammable or explosive liquids or solids within the premises. For the purpose of this lease, "flammable or explosive liquids or solids" shall not apply to fuel or other flammable contained within any airplane or automobile placed in the hangar. Fueling of the aircraft while in the hangar is strictly prohibited. 4 . 2 . Lessee shall be required to construct a ramp in accordance with specifications to be approved in writing by the City to provide ingress and egress to the hangar. 5. Grant of Right. Lessee is granted the right to operate its aircraft and to use the Airport, together with all facilities, equipment, improvements, and services which have been or may be provided at the Airport including the landing field and any extensions or additions, roadways, runways, aprons, taxiways, PAGE 2-HANGAR GROUND LEASE (p:eirpW\gro d.1w)(Mmh18, 1993) floodlights, landing lights, beacons, signals, radio aides, and all other conveniences for flying, landings, and take-offs. 6. Right of Ingress and Egress. Lessee and escorted visitors or customers shall have the right of ingress and egress to and from the premises described in Exhibit "A" . Lessee shall take reasonable care to assure that Lessee does not interfere with City's operation of the Airport for the benefit of the public and of all aircraft using the Airport. 7. Rights and Privileges Reserved to the City Include: 7 . 1. The right to develop or improve the landing area of the airport without interference or hindrance of the Lessee. 7 .2 . The right, but not the obligation, to maintain and keep in repair the landing area of the Airport, together with the right to direct and control all activities of Lessee. 7 . 3 . . The right to take any action considered necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on the Airport which, in the opinion of the City, would limit the usefulness of the Airport and constitute a hazard to aircraft. 7 .4 . The right to temporarily close or to restrict the use of the Airport or any of 'the facilities for maintenance, improvement, or for the safety of the public. 8. Compliance with laws. Lessee shall comply with 8. 1. The "Minimum Standards at Ashland Municipal Airport, Ashland, Oregon adopted by the City Council on January 4, 1990 and as may be amended from time to time. 8. 2 . All federal, state, county, and city laws, orders and ordinances, the rules and regulations of the Lessor, and all rules and regulations of the State Department of Transportation Aeronautics Division and the Federal Aviation Administration. 9 . Lessee compliance with environmental laws. 9 . 1. Definition of "hazardous material" . As used is this paragraph, the term "hazardous material" means any hazardous or toxic substance, material, or waste, including, but not limited to, those substances, materials, and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. § 172 . 101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any amendments, ORS 466 . 567 , 466 . 205, 466. 640 and 468 .790 and regulations of the Oregon State Department of Environmental Quality, petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject PAGE 3-HANGAR GROUND LEASE (p:airpon�gro d.lsc)(Memh 18, 1993) to cleanup authority under any environmental laws. Environmental laws means those laws cited in this subparagraph. 9.2 . Lessee's compliance with laws and permits. Lessee shall cause the leased property and all operations conducted on the leased property (including operations by any subtenants) to comply with all environmental laws. 9 . 3 . Limitation on uses of hazardous materials. Lessee shall not use or allow any agents, contractors or subtenants to use the leased property to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous materials, other than at reasonably necessary for the operation of Lessee's activities as contemplated under this lease. 9 .4. City's Rights. City shall have the right to conduct reasonable inspections and investigations of the leased property and the operations conducted on the leased property at any time and from time to time, and Lessee shall cooperate fully with City during such inspections and investigations. 9 . 5. Indemnification. Lessee agrees to defend (with counsel approved by City) , fully indemnify, and hold entirely free and harmless City from and against all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value of the leased property, damages for the loss or restriction on the use of rentable or usable space or of any amenity of the leased property, damages arising from any 'adverse impact on marketing of space, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which arise during or after the lease term and which are imposed on, or paid by or asserted against City by reason or on account of, or in connection with, or arising out of Lessee's generation, manufacture, use, transportation, refinement, treatment, storage, or disposal of hazardous materials, or any release of hazardous materials as a result of Lessee's use or activities, or of Lessee's agents, contractors, or subtenants. 10. Construction of Improvements. Lessee shall erect a hangar on the premises in accordance with this paragraph. 10. 1. The hangar shall be erected wholly within the boundary lines of the premises. Lessee shall submit plans and specifications for the hangar to the Commission and the city building official, for review and approval of the Commission and the building official, within 30 days after the date of execution of this lease. Following approval of Lessee's plans and specifications by the Commission and the building official, Lessee shall expeditiously apply for all necessary permits and make continued and substantial progress towards permit issuance. Lessee shall commence construction in accordance with plans and specifications approved by the Commission within 60 days PAGE 4-HANGAR GROUND LEASE (p:eirponlg, md.bc)(M=h 18, 1993) following approval by City of Lessee's plans and specifications. 1 If• required permits are not issued by the appropriate authority within 90 days of approval of plans and. specifications by the Commission, City may, upon 30 days written notice to Lessee, terminate this Lease and Lessee shall have no further liability to City under this lease. 10. 2 . Prior to commencement of the construction of the hangar and before any building materials have been delivered to the premises, Lessee shall comply with each of the following conditions: . 10.2 . 1. Submit to the Commission one set of preliminary construction plans and specifications prepared by an architect or engineer licensed in the State of Oregon which are sufficient to enable Commission to make an informed judgment about the design and quality of the construction. Lessee shall not commence construction until all required permits have been obtained and the Commission has approved of the preliminary construction plans and specifications, including the color of the hangar. Commission shall not unreasonably disapprove such plans and specifications. Approval or disapproval shall be communicated to Lessee within 30 days after receipt of complete plans and specifications by Commission. Any disapproval shall be accompanied by a statement of the reasons for such disapproval. Following any disapproval, Lessee may elect either to revise the plans and specifications and resubmit them to the Commission pursuant to this paragraph or terminate this Lease upon 30 days written notice to City. , 10.2 . 2 . Deliver to City such other proofs and copies as City shall reasonably request, including, without limitation, proof that workers' compensation insurance has been procured to cover all persons employed in connection with the construction, proof of issuance of all building and other permits required for the construction and proof that all systems development charges of the City have been paid. 10.2. 3 . Once construction has begun Lessee shall prosecute it to completion with diligence. All work shall be performed in a good and workmanlike manner and shall comply with all applicable governmental permits, laws, ordinances and regulations. Lessee shall pay or cause to be paid the total cost of the construction. Construction work shall conform in all significant respects with the approved preliminary plans and specifications and the working drawings approved by the Commission except as otherwise authorized by the Commission. 10.2 . 4 . This paragraph shall not be construed to authorize Lessee to do' any act or make any contract so as to encumber in any manner the title of City to the property or PAGE 5-HANGAR GROUND LEASE (p:urpoa�gra d.lx)(M.mh lg, 1993) -_1 to create any claim ,or .lien on',;oragainst the interest of City in construction of the improvements. It is expressly agreed that all the expenses of the construction of the improvements shall be promptly paid by Lessee as required by the terms of any contract therefor. 10. 3 . Lessee shall also construct to standards established by the Commission adequate drainage on the premises and an asphalt taxiway to the hangar. 10.4. Lessee may, but is not required to, provide electricity to the premises and within the hangar and may rough- in plumbing. No septic or holding tanks shall be permitted on the premises. 11. Title to Improvements. Upon completion of construction and issuance of a certificate of occupancy, the improvements described in paragraph 10 including any further improvements to the premises approved by the Commission, shall become property of City, free and clear of all claims of Lessee, any one claiming under Lessee or caused, permitted or suffered to attach through Lessee. Lessee or any one claiming under Lessee, shall indemnify and defend City against all liability and loss arising from such claims. 12 . Maintenance. Lessee shall keep ,and maintain the leased premises and all improvements in good 'and substantial repair and condition, including the exterior condition. Lessee shall make all necessary repairs and alterations and shall maintain the leased premises and all improvement's in compliance with all applicable building and zoning laws and all other laws, ordinances, orders and requirements of all authorities having or claiming jurisdiction. Lessee shall provide proper containers for trash and garbage and shall keep the leased premises free and clear of weeds, rubbish, debris, and litter at all times. City shall at all times during ordinary business hours have the right to enter upon and inspect such premises. 13 . Utilities. Lessee shall promptly pay any charges for electricity and all other charges for utilities which may be furnished to the leased premises at Lessee's order or consent. 14 . Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services, materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or ordered by Lessee which may be secured by lien against the premises. Lessee shall pay all real and personal . property taxes assessed against the premises, such payments to be made no later than November 15 of the year in which the taxes become due and payable, and will submit a copy of the receipt for the taxes to the City's Director of Finance. PAGE 6-HANGAR GROUND LEASE (p:nirpmt\grw d1x)(M&mh 18, 1993) 15. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this lease, at Lessee's sole expense, the following insurance: 15. 1. Comprehensive insurance. Owner's, landlord and tenant or premises insurance protecting City and its officers, agents and employees against any and all liabilities that may allegedly in any way relate to the operation by Lessee, this insurance to be in the minimum amount of $500, 000, combined single limit coverage. Such limit shall automatically increase in the event of any change in the provisions of ORS 30. 270, or in the event these limits are found to be not totally applicable to a city. 15. 1. 1. Additional insureds. All policies shall include the City, its officers, commissions, elected officials, employees and agents as additional insureds. 15. 1.2 . Primary insurance. The insurance shall be considered primary to any other insurance or self-insurance of the City. 15. 1. 3 . Insurance certificate. A certificate evidencing such insurance coverage shall be filed with the City prior to the effective date of this lease, and such certificate shall provide that such insurance coverage may not be .canceled or reduced or changed in any way adverse to the City without at least 30 days prior written notice to the City. The policy shall be continuous until canceled as stated above. If such insurance coverage is canceled or changed, Lessee shall, not later than 15 days prior to the termination or change in the insurance coverage, file with the City a certificate showing that the required insurance has been reinstated or provided through another insurance company or4 companies. In the event Lessee ' shall fail to furnish the City with the certificate of insurance required, City may secure the required insurance or self-insure at the sole cost and expense of Lessee, and Lessee agrees to reimburse City promptly for the cost, plus ten percent of the cost for City administration. 15. 2 . Property Insurance. Lessee shall keep the premises insured at Lessee's expense against fire and other risks covered by a standard fire insurance policy with an endorsement for extended coverage. Lessee shall bear the expense of any insurance insuring the property of Lessee on the premises against such risks but shall not be required to insure. 15. 2 . 1. Additional insureds. All policies shall include the City as an additional insured. 15. 2 . 2 . Waiver of Subrogation. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard fire insurance policy with an extended coverage PAGE 7-HANGAR GROUND LEASE (p:.i ponlg ound.1.)(M=h 18, 1993) } � Bi4«xn endorsement, and in the event of insured loss, neither party's l insurance company shall have a subrogated claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or if the insurance company agrees in writing that such a waiver will not affect coverage under 'the policies. Each party agrees to use best efforts to obtain such an agreement from its insurer if the policy does not expressly permit a waiver of subrogation. 16. Indemnification. Lessee shall keep, indemnify and defend and hold harmless City, its officers, agents and employees, from and against any and all claims, demands, suits, judgments, costs, and expenses, including attorney's fees asserted by any person or persons, including agents or employees of the City or Lessee, by reason of death or injury to persons or loss or damage to property that allegedly results from Lessee's operations, or anything done or permitted by Lessee under this lease, except for the extent attributed to acts or omissions of City of its officers, agents or employees. 17. Damage or Destruction of Premises. If the leased premises or any improvements are damaged or destroyed by fire or other casualty, Lessee shall: 17 .1. Promptly repair, rebuilt or restore the property damaged or destroyed to substantially the same condition consistent with the applicable building codes; and 17 ..2 . Apply for any net proceeds of insurance resulting from claims for such losses, as weli ''as any additional money of Lessee necessary. If the damage or destruction which occurs is such that the .cost of repair, rebuilding or restoration of the property damaged or destroyed exceeds 50% of the fair market value of the improvements, Lessee shall have the option within 60 days from the date of damage or destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in accordance with paragraph 17. 1 or to terminate this lease. Upon giving such notice to terminate, this lease shall terminate on the date specified in the notice and City shall be entitled to the net proceeds of insurance. 18 . Events of Default. The following shall be events of default: 18 . 1. Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after it is due. 18 . 2 . Default in Other Covenants: Failure of Lessee to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by City specifying the nature of the default. If the default is such that it cannot be PAGE 8-HANGAR GROUND LEASE (p:airpoAgro d.13C)(Mamhlg, 1993) completely remedied within the thirty (30) day period, this provision shall be complied with if Lessee begins correction of the default within the 30 day period and proceeds in good faith to effect the remedy as soon as practicable. 18. 3 . Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the petition within 30 days after filing; attachment of or the levying of execution on the leasehold interest and failure of the Lessee to secure discharge of the attachment or release of the levy of execution within ten days. 19. Remedies on Default. In the event of a default, the City at its option may terminate the lease by notice in writing by certified or registered mail to Lessee. The notice may be given before or within thirty days after the running of the grace period for default and may be included in a notice of failure of compliance. If the property is abandoned by Lessee in connection with a default, termination shall be automatic and without notice. 19. 1. Damages: In the event of termination of default, City shall be entitled to recover immediately the following amounts as damages: 19 .1. 1. The reasonable cost of re-entry and reletting including the cost of any clean up, refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned by Lessee's failure to quit the premises upon termination and to leave the premises in the required condition, any remodeling costs, attorney fees, court costs, broker commissions and advertising cost. 19. 1.2 . The loss of reasonable lease fee value from the date of default until a new tenant has been or, with the exercise of reasonable efforts could have been secured. 19. 2. Re-entry After Termination: If the lease is terminated for any reason, Lessee's liability to City for damages shall survive such termination, and the rights and obligations' of the parties shall be as follows: 19 .2. 1. Lessee shall vacate the property immediately, and within 60 days remove any property of Lessee including any fixtures which Lessee is required to remove at the end of the lease term, perform any cleanup, alterations or other work required to leave the property in the condition required at the end of the term. PAGE 9-HANGAR GROUND LEASE (p:airpon\grw d.1=)(Mmh 18, 1993) 19.2 .2 . City may re-enter, ,take possession of the premises and remove any persons or property by legal action or by self-help with the use of reasonable force and without liability for damages. 19. 3 . Reletting: Following re-entry or abandonment, City may relet the premises and in that connection may: 19 . 3 . 1. Make any suitable alterations or refurbish the premises, or both, or change the character or use of the premises, but City shall not be required to relet for any use or purpose (other than that specified in the lease) which City may reasonably consider injurious to the premises, or to any tenant which City may reasonably consider objectionable. 19. 3 . 2 . Relet all or part of the premises, alone or in conjunction with other properties, for a term longer or shorter than the term of this lease, upon any reasonable terms and conditions, including the granting of some lease fee-free occupancy or other lease fee concession. 20. Termination. Upon termination of the lease by the passage of time or otherwise, Lessee shall surrender the leased premises in good condition. The Lessee's obligations under this paragraph shall be subordinate to the provisions of paragraph 11 related to improvements as required and the City shall have the remedies described in paragraph 19 . 21. Assignment of Interest or Ridhts. Neither Lessee or any assignee or other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and to this lease or any interest, nor license or permit the use of the rights granted except as provided in this paragraph. Lessee shall not assign all or any part of its rights and interests under this lease to any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its assets, without prior written approval of the City. written approval of the City shall not be unreasonably withheld. 21. 1. Right of first refusal. City shall have the following described right of first refusal with respect to the interest of Lessee under this lease: 21. 1. 1. Lessee shall not sell, sublease, assign or transfer to anyone other than City, unless Lessee shall have first communicated to City, by written notice, a written offer to sell, sublease, assign or transfer this lease or any interest, which offer shall specify, in commercially reasonable detail, the price, terms and conditions upon which Lessee is willing to sell, sublease, assign or transfer this lease or any interest. PAGE 10-HANGAR GROUND LEASE (p:uryon\gr d.lu)(Merch 18, 1993) 21.1.2 City shall have a period of 30 days, following the notice, within which to accept the offer by giving Lessee written notice of acceptance. If the offer is accepted, the parties shall be obligated to- close the sale, sublease, assignment or transfer in accordance with the terms of Lessee's offer. Closing shall occur within 60 days following acceptance or within such longer closing period as may be specified in the offer. 21.1. 3 If City does not accept the offer, Lessee may sell, sublease, assign or transfer the lease or any interest to any other party, provided that such a sale must be consummated within 60 days following the earlier of the expiration of the 30 day acceptance period specified in 21. 1.2 for the offer or the date of any written rejection of the offer by City, and for and upon the same price, terms and conditions as those specified in the offer. 21. 1.4. City's rights under this paragraph shall apply to any subsequent or contemporaneous offer made to Lessee or Lessee's successor or successors in interest. 21. 2 option to Purchase Lessee's Interest. In addition to the right of first refusal described in paragraph 21. 1, City shall have the exclusive right and option to purchase all of Lessee's rights under this lease upon the following terms and conditions: 21.2 . 1 If City exercises this option, the purchase price during the initial year of this lease for Lessee's rights under this lease shall be $20, 000 or the actual reasonable construction cost of the hangar, whichever is greater. The purchase price during each subsequent year shall be the purchase price determined in the immediately preceding sentence less 1/25th of such purchase price for each full year the lease has been in effect. 21.2 . 2 This option shall be exercised by written notice given by City to Lessee at any time, which notice shall specify that City has elected to exercise this option. 21.2 . 3 Closing shall occur as soon as possible following exercise of this option by City and, in any event, not later than the 35th day following the date of exercise of this option. 21. 2 .4 At closing, Lessee shall deliver to City a duly executed and acknowledged statutory quitclaim deed quitclaiming all of Lessee's rights and interest in the premises free and clear of all liens and encumbrances of Lessee, anyone claiming under Lessee or caused, permitted or suffered to attach through Lessee. PAGE 11-HANGAR GROUND LEASE (p:&iryoAgm d.M)(MWh 18, 1993) 21.2.5 At closing, City shall pay to Lessee in cash the entire amount of the purchase price. 21.2 . 6. City's rights under this paragraph shall apply to any successor of Lessee and shall apply whether or not City exercises its rights under paragraph 21. 1. City may not exercise its rights under this paragraph while the Lessee who signed this lease is in possession and has not sold, subleased, assigned or transferred its interest in the lease. For the purposes of this subparagraph, a devise under a will to a son or daughter of the Lessee shall not be considered a sale, sublease, assignment or transfer. 21. 3 . Subleases without consent. Lessee may sublease a portion of the premises for the purpose of placing a second aircraft within the hangar without consent of City provided that: 21.3 . 1. Lessee gives notice to City prior to the placing of the aircraft in the hangar that such sublease has occurred, and 21. 3 . 2 . Lessee pays to City 20% of all sums received by Lessee for the sublease. Such payment shall be made to City within 30 days of Lessee's receipt of the sum by Lessee. 22 . Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 23 . Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 24 . Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: LESSEE: City of Ashland 20 E. Main Street Ashland, OR 97520 Attn: City Administrator LESSEE CITY OF ASHLAND BY BY Title Mayor BY ATTEST: Title City Recorder PAGE 12-HANGAR GROUND LEASE (p:aiw&gro d.1x)Nmh18, 1993) State of Oregon County of Jackson This instrument was acknowledged before- me on 1993, by Notary Public for Oregon My commission expires: State of Oregon County of Jackson This instrument was acknowledged before me on 1993, by as of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: PAGE 13-HANGAR GROUND LEASE (p:",po Xgr d.Ix)(Mmh IS, 1993) EXHIBIT A from il: . Description of leased premises. PAGE 14-HANGAR GROUND LEASE (p:niponNgro d.W)(KUmhl8, 1993) e±GF ASAF. Aemorandum EGG�.• December 8, 1994 Diu- Mayor and City Council ram: Recycling Task Force k�f 1I�IjEtt: FUTURE ROLE OF THE TASK FORCE In 1989, the Council passed Ordinance No. 2530, which declared polystyrene foam a nuisance and banned its use. This ordinance also created the "Polystyrene Foam Task Force", which was to consist of five members "to work with local recycling awareness groups to actively promote the following: A. Support and monitor recycling projects, including research and demonstration projects, in order to increase the percentage of disposable plastics products which are recycled and/or decrease the amount of municipal solid waste deposited in landfills. The Task Force may recommend to City Council methods and specific goals, in terms of quality and quantity, for reduction of disposable plastic products in landfills and in the litter stream. B. Work toward the total elimination of polystyrene foam and other disposable plastic products as a way to reduce litter and reduce the amount of solid wastes deposited in landfills is a long term community goal. To these ends, the Task Force is requested to consider the following aspects in its recommendations: 1 Public Education and Promotion 2. Alternative Product Recycling/Energy Conversion 3. Financial Assistance 4. Alternative Products Research (e.g., photo degradable and biodegradable additives, etc.) The Task Force has worked diligently on recycling and compost issues since then and has accomplished a great deal. The present chairperson of the Task Force, Ken Hagen,has recently been elected to the Ashland City Council. This resulted in a discussion at the December 5, 1994 Task Force meeting about membership makeup and its future role. Presently, there are only four active members of the Task Force, and meetings are attended by these members and Ashland Sanitary Staff, City of Ashland Staff and City Council liaison Susan Reid. The members, during this discussion, felt the Task Force needed a new infusion of energy and membership, and also an expanded role. They suggested the Task Force be renamed the CONSERVATION COMMISSION, be expanded to eight members, and deal with policy issues related to air quality, recycling, solid waste, energy conservation, water conservation, and other resource issues. Since the Ashland City Council will be reevaluating all commissions and their roles in the next year, the Task Force wanted to express this idea to the Council for your deliberation during this process. We thanks you in advance for your consideration of this idea. yae.u•.r , o416��' December 14 , 1994 Y i Q� Honorable Mayor and City Council r XQtjj; Councillors Reid, Acklin, Administrator Almquist �1t�IjECt: Ashland Sanitary Rate Increase Request The committee appointed by the Mayor met with Ashland Sanitary service representatives on December 12 to review their financial statements and their justification for the proposed increase. Findings: 1. The last increase was approved by the Council in July 1990 when rates were increased $6.00 per can. $5.75 of this increase was designated for a landfill closure fund administered by Jackson County and 254 for Ashland Sanitary Service. 2 . The Portland Area CPI has risen 19.3% since July 1990 and the requested increase of $1.20 on the $6.25 retained by Ashland Sanitary for operations represents a 19.2% increase. The overall increase requested on the $12.00 per can rate is 10%. 3 . As a result of the need to increase its recycling efforts and upgrade its maintenance facility, Ashland Sanitary plans to expend some $365,000 in capital improvements next year. This will result in an annual increase in costs of $114, 000. 4 . The industry standard for return on total assets is 14. 1%. In order to allow for the additional expense of $114 , 000 and meet the industry standard, total revenues will need to be increased by a net of $134,000 ($150, 000, less a projected 1% loss in overall revenues) . 5. The recycling program is currently experiencing a loss of approximately $130,000 per year, which is partially offset by profits for other garbage operations, further justifying the need for the requested increase. RECOMMENDATION: After a review of the proposal, the committee recommends approval of the l0% increase in rates requested by Ashland Sanitary Service. The committee also noted that an additional rate increase may be requested by Ashland Sanitary in June 1995 after the final costs of closing the Valley View landfill are refined and the new costs of the transfer of garbage to the Dry Creek Landfill are known. There will also be a downward adjustment to the monthly $5.75 per can Valley View closure component at that time. (r:A&hSanRa.ma) 1 ASHLAND SANITARY SERVICE RATE INCREASE JUSTIFICATION The following calculations and justifications are intended to reflect additional expenditures required by Ashland Sanitary Service, Inc.which can not be compensated for under the existing rate structure. This information does not justify the current base rates. These increases do not include additional costs to haul waste to either the Dry Creek or the South Stage Landfills. ANTICIPATED EXPENDITURES: TOTAL COST ANNUAL COST 1. Used Recycle Truck $45,000 $9,000 2. Two Compactor Trucks $200,000 $40,000 3. Replace Maintenance Shop $120,000 $15,000 4. Hazardous Waste Collection Program $15,000 5. Hire One New Recycle Employee $35,000 6. Annual Financial Audit (683 County Customers Only) $5,000 NOTE:Annual costs for trucks are based on five year loans, Maintenance Shop is based on 30 year mortgage. - ANNUAL TOTAL: $114,000 ADJUST NET PROFIT TO INDUSTRY STANDARD: 1993 Profit of $23,387 based on net fixed assets of$307,735 (Net Profit= 7.6%). REFERENCE: Third party audit supplied to Jackson County in June, 1994. Standard Profit for privately held companies is approximately 14.1%. REFERENCE: Jackson County Refuse Operators Rate-of Return and Regulatory Rate Setting Issues and Options, Deloitte &Touche, August, 1990. ADDITIONAL PROFIT REQUIRED : ($307,735 x 0.141)- $23,387 3 $20,004 NET ANNUAL INCREASE REQUIRED: $134,004 PER CAN RATE ADJUSTMENT FOR RESIDENTIAL CUSTOMERS: CUSTOMER BASE: REVENUE GENERATION: Residential = 5354 Residential = 57% Commercial = 642 Commercial = 43% REFERENCE: 1993 Customer Service REFERENCE: 1990 Rate increase Code for Ashland Sanitary Service. Documentation. ASHLAND AND TALENT: ($134,000 x 0.57)/5354 Customers/ 12 months= $1.20/Month. ADJUSTED RATE_$12.00+$1.20 = $13.20 /MONTH (10^/ INCREASE) NOTE: Rate adjustment calculations are consistent with 1990 Rate Study. Pagel r i JACKSON COUNTY CUSTOMERS =683 residential and commercial customers outside of Ashland and Talent City Limits. $1.20 + $5000/683 Customers/12 months= $1.80/ Month ADJUSTED RATE_ $1160 +$1.80 = $14.30/MONTH (14.4% INCREASE) ADDITIONAL CHARGE FOR RURAL CUSTOMERS Customers with pick up locations more than 30 yards from a public road will be assessesd $0.60 per minute for the time required to drive from the public road to the pick up point and back. Maximum charge: $5.00/Month). RATE ADJUSTMENT FOR 25 YARD DROP BOXES: Current Rate = $138.00/Box, including drop off and pickup, plus$10.00/day rental. PROPOSED RATE: INCREASE DISPOSAL RATE BY 10%AND ADD $75.00 DELIVERY AND PICKUP FEE. ADJUSTED RATE_$138.00 x 0.10 +$75.00 = $227.00 (64% INCREASE) Daily rental rate will not change. NOTE:A comparable box supplied by Rogue Disposal Costs $265.25 plus $8.00/day. RATE ADJUSTMENTS FOR SPECIAL SERVICES SUCH AS 1.5 CUBIC YARD CONTAINERS WILL BE INCREASED BY 10% CONSISTENT WITH THE PER CAN RATE ADJUSTMENT. Page 2 Ashland Sanitary and Recycling Commercial Container Rates 1 YARD CONTAINER Monthly Rates Holds seven 32-gallon cans OLD RATE NEW RATE Once Weekly $61.00 $67.10 Twice Weekly $100.50 $110.55 Three Times $140.00 $154.00 Four Times $179.50 $197.45 Five Times $219.00 $240.90 Every Day $258.50 $284.35 11/2 YARD CONTAINER Monthly Rates Holds ten 32-gallon cans OLD RATE. NEW RATE Once Weekly $68.00 $74.80 Twice Weekly $116.50 $128.15 Three Times $161.00 $177.10 Four Times $209.50 $230.45 Five Times $255.00 $280.50 Every Day $301.50 $331.65 2 YARD CONTAINER Monthly Rates Holds fourteen 32-gallon cans OLD RATE NEW RATE Once Weekly $87.00 $95.70 Twice Weekly $152.00 $167.20 Three Times $217.00 $238.70 Four Times $282.50 $310.75 Five Times $348.00 $382.80 Every Day $412.00 $453.20 DROP BOXES Per Box Rates 25-Yard box OLD RATE NEW RATE $152.00/load+$75Deliver/Pickup Fee $138.00 $226.80 Daily Rental=$10.00 10-Yard box(new service) $60.00/load+$75 Deliver/Pickup Fee - $135.00 Daily Rental=$10.00 Note: Rates are based on$6.00/Yard COMPACTOR BOXES Per Box Rates OLD RATE NEW RATE 1-to 4-Yard Rear Loader Box $19.40/Yard $21.40/Yard 15-to 25-Drop Box Compactor $11.00/Yard $12.10/Yard+ $75.00/Pickup Note: Per Box disposal fee depends on box size L• • od as Q PH Po d V N c w U N O x o CP i ° o cc) ao in En su a In H b ° ra m o Q rn ; U U ° 3 N (n V U3 En + ° p d F+" U U :fir !g b bo a ¢ °' x0 0c 1 .O i a O x oo oo Uo f{S fd Ol O o P P. 0 w P4 u vi y ■ W c CITY OF ASHLAND, OREGON INVESTMENT & PORTFOLIO POLICIES May 18 , 1989 Scope This investment policy applies to activities of the City, including Ashland Community Hospital, and Ashland Parks and Recreation with regards to investing the financial assets of all funds, including the following: General Fund Special Revenue Funds Capital Projects Funds Debt Service Funds Enterprise Funds Internal Service Funds Trust & Agency Funds Funds of the City will be invested in compliance with the provisions of ORS 294 . 035 through 294 . 048; ORS 294 . 125 through 294 . 155; ORS 294-810, and other applicable statutes. Investments will be in accordance with these policies. OBJECTIVES The City's investment .objectives are: 1. Preservation of capital and the protection of investment principal. 2 . Conform with Federal, state and other legal requirements. 3 . Maintenance of sufficient liquidity to meet operating requirements. 4 . Diversification to avoid incurring unreasonable risks regarding specific security types of individual financial institutions. 5. Attainment of a market rate of return throughout budgetary and economic cycles. 6. Reducing Bancroft debt financing costs. 1 Page 2 DELEGATION OF AUTHORITY The City Record/Treasurer and Director of Finance are designated as the investment officers of the city and are responsible for investment decisions and activities. The day to day administration of the cash management program is handled by the City Recorder/Treasurer or by, the Director of Finance and the Accounting Supervisor in the absence of the Treasurer. The authority of investing Parks and Recreation monies lies with the Director of Parks and Recreation. PRUDENCE The standard of prudence to be used by the investment officer in the context of managing the overall portfolio shall be the prudent investor rule, which states, "Investments shall be made with judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. " The investment officer and staff, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific security's credit risk or market price changes, provided that these deviations are reported as soon as practical and that appropriate action is taken to control adverse developments. MONITORING AND ADJUSTING THE PORTFOLIO The investment officer will routinely monitor the contents of the portfolio, the available markets and the relative values of competing instruments and will adjust the portfolio accordingly. INTERNAL CONTROLS The investment officer shall maintain a system of internal controls, which shall be reviewed annually by the independent auditor. The controls shall be designed to prevent loss of public funds due to fraud, error, misrepresentation or imprudent actions. Page 3 INVESTMENT DIVERSIFICATION The City will diversify the portfolio to avoid incurring unreasonable risks inherent in overinvesting in specific instruments, individual financial institutions or maturities. Percent of Diversification by Instrument: Portfolio U.S. Treasury Obligations 100% (Bills, notes, and bonds) U.S. Government Agency Securities 100% and Instrumentalities of Government Sponsored Corporations Bankers' Acceptances (BA's) 50% Certificates of Deposit (CD) 50% Commercial Banks - which have a branch in Oregon Certificates of Deposit (CD) 10% Savings & Loan Associations which have a branch in Oregon State & Local Government Securities 35% State of Oregon Investment Pool 100% Diversification by Financial Institution: The combination of CD's, and BA's, may not exceed 40% with any one financial institution. Bankers' Acceptances (BA's) No more than 40% of the total portfolio with any one financial institution. Certificates of Deposit (CD's) - Commercial Banks Amount per institution based on capital adequacy guidelines; in any case not to exceed 40% of the total portfolio with any one institution. State and Local Government Securities . No more than 35% of the total portfolio. State of Oregon Investment Pool - State Pool No more than 100% of the total portfolio. Page 4 INVESTMENT MATURITY Maturity limitations shall depend upon whether the funds being invested are considered short term or long term funds. All funds shall be considered short term except those set aside for capital projects, special assessment prepayments being held for debt retirement, trust funds, insurance services fund and equipment fund. All monies shall be invested in one pooled portfolio with a tail for long term monies. POOLED PORTFOLIO Investment maturities for operating funds shall be scheduled to coincide with projected cash flow needs and timed to comply with the following guidelines. Initially the City of Ashland Bancroft Bonds and warrants will be allowed first in an amount not to exceed 10% of the total portfolio, the balance of the portfolio shall be timed to comply with the following guidelines. Under 30 days 10% minimum Under 90 days 25% minimum Under 270 days 50% minimum Under 1 year 75% minimum Under 18 months 80% minimum Under 3 years 100% minimum All investments with maturities in excess of, one year shall pay interest at least annually. Maturity scheduling shall be timed according to anticipated need. For example, investment of capital project funds shall be timed to meet projected contractor payments, usually for a term not to exceed three years. Investment of prepaid assessment funds shall be tied to bond payment dates. COMPETITIVE SELECTION OF INVESTMENT INSTRUMENTS Before the City invests any surplus funds, a competitive "bid" process shall be conducted. Bids will be requested from financial institutions for various options with regards to term and instrument. The City will accept the bid which provides the highest rate of return within the maturity required and within the parameters of these policies. Records will be kept of the bids offered, the bids accepted, and a brief explanation of the decision which was made regarding the investment. Page 5 QUALIFIED INSTITUTIONS The City shall maintain a listing of all authorized dealers and financial institutions which are approved for investment purposes. Any firm is eligible to make an application to the investment officer and upon due consideration and approval will be added to the list. (Additions or deletions to the list will be, made at the City's discretion. ) At the request of the City, the firms performing investment services for the City shall provide their most recent financial statements or Consolidated Report of condition ("call report") for review. At minimum, the city shall conduct an annual evaluation of each firm's creditworthiness to determine whether it should be on the authorized list. Securities dealers not affiliated with a bank shall be required to have an office located in Oregon (preferably local) and be classified as reporting dealers affiliated with the New York Federal Reserve Bank as primary dealers. SAFEKEEPING AND COLLATERAL Investment securities purchased by the City will be delivered by either book entry or physical deliver, and held in third party safekeeping by a bank designated as primary agent. The purchase and sale of all securities will be on a payment versus delivery basis. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument, rate, maturity and other pertinent information. Deposit-type securities (i.e. , certificates of deposit) shall be collateralized through the State collateral pool as .required by ORS for any amount exceeding FDIC or FSLIC coverage. Other investments shall be collateralized by the actual security held in safekeeping by the primary agent. ACCOUNTING METHOD Investments will be carried at cost. Gains or losses from investments will be credited or charged to investment income at the time of sale. Premiums or discounts on securities may be amortized over the life of the securities. The . City shall comply with Government Accounting Standards Board (GASB) requirements. Page 6 REPORTING REQUIREMENTS The investment officer shall generate monthly reports for management purposes. In addition, the City Council will be provided quarterly reports which will include data on investment instruments being held, as well as any narrative necessary for clarification. PERFORMANCE EVALUATION The performance of the City's portfolio shall be measured against the performance of the Oregon Local Government Investment Pool, using the monthly net yield of both portfolio's as the yardstick. Investments F_'urc^ase Maturity Interest investment Identifier Type of Investments Bank Date Date Rate Principal Local Gov't Pool 5.250% 6,518,221.70 " 500030 Sallie Mae FIB 06-21-94 12-21-94 5.000 523,788.98 32258732 FiCG Strips US 03-24-94 12-27-94 4.180 484,560.00 313385U95 FED Home Loan US 05-06-94 12-29-94 4.800 484,200.00 Cusip 3133128x7 Feu; Farm CR Notes Fib 11-0S-94 02-15-95 5.652 492,451.25 313312CN0 Feu Farm Credit US 08-04-44 03-01-95 5.i++.%1 486,1+14,44 Cusip 3i.33a+cau Fed acme Ln FIB 04-15-94 03-13-95 ,,.199 487,569.44 interest 32258732 FED Home Loan. u6 12-17-43 03-27-95 60 r! 854,525.00 88059EAFI TV A.UTH Strips US 01-10-94 04-15-95 3.601 477,450.00 NI33S4EL9 FED Home Loan u5 10-26-94 04-17-9j 5.792 525,571.80 Dater Qua 912827K92 US Treasury Notes US 06-01-94 05-31-95 51100 495,312.50 13312GN6 Fed come Ln FIB 12-08-94 06-05-95 6.594 198,578.38 C+rip 3i3312G1;5 Feb Farm CR Notes FIB 12-;L-3' 12 45 6.812 483,750.00 CoSip 3:3384HN2 Feu Home Lrl i8 11-09-94 116 3(t-45 6. 1t 481,230.56 912827134 US Treasury Notes US 06-30-94 06-30-95 5.250 296,765.63 Workers C 313384HN2 FED Home Loan US 11-01-94 06-30-95 5.857 481,255.46 Cusip 313384dKti _Fed Home Ln _ FIB 11_-03-94 07-21-95__ 6.083 474 055.56 912FIB - - ze--- 744596 - .� Tresury Bills — �--7-21-94 U7-21-45 5.419 --------� -473,7 61.6.67 >s. 313384423 FED Hume Loan u5 08-17-94 08-04-95 5.537 474,333.33 313384KC2 FED Home Loan US 11-15-94 0B-07-95 6.194 47B,284.72 13! 912744720 US Treasury Notes US 09-12-94 08-24-95 5.402 475,347.50 313312LS7 Fed Farm Disc Nts BA 11-15-94 09-14-95 6.360 474,623.75 j331 317710BAB FICD Strips_ u5 03-18-94 10-05-95 4.700 637,488.40 —313364NN7 - ------ Fed Home LN BA 11-02-94 10-27-95 6.315 470,332.64 '•3 912821N58 US Treasury Notes U5 10-26-94 10-31-95 6.166 2,242,487.27 Water Qua 313384PB9 FED Home Loan _US 11-28-94 11-10-95 6.583 470,119.44 I37! 313384PR4 FED Home Loan US 12-0:-94 11-24-95 7.006 467,423.75 Sal 1391 912827N57 US Tr-easu-ry Notes US I1-29-94 - 01-31-96 6.613 492 044.84 _ 9'12827P55 US:Treasury Notes US 11-09-94 04-30-96 6.626 492,871.20 <+ 912827P97 US Treasury Notes US 11-29-94 05-31-96 6.898 507,419.74 88059ED04 TV AUTH Strips u5 10-26-94 07-15-96 6.777 499,340.80 Water Qua I�a; 'j<s; .,±L —_---- -_-- 22;966,769.85 1 1471 LPG I _ sz -- --- — ------- lye _ - Actual Standard Differance Diversification by Financial institution. ----------- Bank of America 944,956..9 4.13,: NA — - -- ?---First-Interstate-bank__"--- -3:520,185.89 ___ 1,,:80X--'NA--` ----- ---- _ . — -- - -- US Bank 11,823,405.92 51.62% NA Local Gov't Investment Fool 6,518,221.70 28.46% NA 22,906,769.85 100.00% Diversification by Instrument US Treasury's 1,727,409.39 1.54% 100.OR 92.461 US Agency's i4,66i,18.76 64.001: 100.0:7. 36.00% 'Bankers Acceetance 0.00 0.01,1. 50.001 50.00X ��ei nficates of Deposi Ls 1.Uv fl;ill Ili.ia)X 1(:.001 State p Local Government Sec 0.00 0.001 35.130% 35.00,1. State of Oregon Investment P 6,518,221.70 28.46% 100.00% 71.54X 22006,769.85 Investment Maturities Under 3U days 8,010,770.68 34.97% 10.110% 24.97% Under 90 days 9,476,895.81 41.37% 25.0OX 16.37% ----------Under 270 days-- - - --- 16;627-,241:77 ---- 72.59% 50.601 22.591'-- Under I Year 20,915,093.27 91.31% 75.0% 16.31% - Under 18 Months 22,407,429.05 91.827. 80.007. 17.82%. _._._Under 3 Years -'- - "_ 22,906;769.85— --- 100:01,•1- 100.001- '-0.00% =z w 4, 142 47 �5 5z. — ' I5> v 7cAL =w1o= Poot, =71—s 6 5.8 ..................................................................................................................................T.................................. ....................................... 5.6 .......................... ................. ........ ................................................ .................................i. - ---------- ......... .......................... 5.4 - ................... ........... . 5.2 ---------------------------------- ................................................ ......................................................................................... ... .......................................I 5 -------------.............................i........................................ =---_....................................... ................... ------- .............. -------------------- 4.8 ...... ...................... ...................................... ............... ................. 4.6 ---------------------------------- ..............------------ ............ 4.4 .............. ...... 4.2 --------------------------------------- ............................ ...... ............... ------ - ------ -------- 4 ....... --- ----------------------------------- 3.8 ...................... .... ---—--- ........ i . ..... 3.6 --- -------------------------------- ... ............................ .................................................................--------- ----------------------------------------- 3.4 .......... ......................... ------------- -------- .......................... I........ 3.2 ..............------------------------- 3 6/30/94 7/31/94 8/31/94 9/30/94 10/31/94 11/30/94 F ---LGI-p BILLS CD's 0 _.DONOGHUE'S Local Government Pool Analysis as of November 30,1994 6/30/94 7/31/94 8/31194 9/30/94 10/31194 11/30/94 AV DOLLARS DWESTED(NM 1,500.777 1,312.750 1.299.577. 1,241.123 1.224.375 1,529.61 LGIP AN YLD-(ACrrM0XAa/M5) 3.63942 3.43287 4.00373 4.30412 4.49423 4.85618 3-.MOUST sass BOND BQYLD) 4.211 4.511 4.667 4.917 5.142 5.676 3-MO JUNMO CDs(ACT/360) 3.200 3.20 3.20 320 3.200 3.500 DONOGHUFS WAF(ACr/365) 3.91 4.06 4.25 4.47 4.61 4.81 NOTE, LGIP Annual Yield is the average yield for the entire month. 3-MO UST BILLS yield is the yield for the Treasury Bill Issue maturing closest to 3 months from monthend. 3-MO JUMBO CDS is the highest posted rate received by the Treasury from Oregon banks as of monthend. Consequently,whereas the yield on UST Bills should normally be lower than CD rates,the fact that the quotes are up to a week different in time may result in an apparent reversal of this situation. July 1, 1993 the Treasury implemented new formulas to the Investment Accounting system.This will affect calculations to the amortization of premiums,accretion of discounts,and interest accruals. These formulas were obtained from Standard Securities Calculations Methods published by the Securities Industry Association. This material is available in alternative format and media upon requeSt. LGIP NOTES k THE FEDERAL RESERVE ANNOUNCED ANOTHER RATE HIKE ON NOVEMBER 15.BY RAISING THE DISCOUNT RATE 75 BASIS POINTS TO 4.75%WITH A MATCHING RISE IN FED FUNDS TO 5.50%FROM 4.75%. AFTER AN INITIAL RALLY THE MARKETS TURNED NEGATIVE AGAIN AS SUBSEQUENT ECONOMIC STATISTICS INDICATED A STRONG ECONOMY WITH TROUBLING SIGNS OF INFLATION. WE REMAIN VERY NEGATIVE ON THE MARKETS. OSTF PORTFOLIO ANALYSIS AS OF NOVEMBER 30,1994 TOTAL DOLLARS INVESTED AT MONTHEND $1,616.75 SECURITY DESCRIPTION PAR VALUE % TOTAL `DIFFERENCE BETWEEN (X1000) PORTFOLIO COST&MARKET(X1000) TIME CERTIFICATES OF DEPOSIT 23,437 1.45% 0.00 COMMERCIAL PAPER 441,914 27.33% 0.00 BANKERS ACCEPTANCES 2,781 0.17% 0.00 STATE LOANS 14 0.00% 0.00. US TSY NOTES/BONDSIBILLS 846,077 52.33% (6,872.13) US AGENCY FIXED&FRN'S 302,253 18.70% 0.00 MORTGAGE PASS-THROUGHS 274 0.02% (10.18) TOTAL $1,616,750 100.00% (6,882.31) MARKET VALUE= 99.57%of PAR MATURITY SCHEDULE MATURITY AMOUNT % TOTAL (X1000). 01-30 DAYS 176,267 10.90% 31-60 DAYS 285,423 17.65% 61-93 DAYS 405,947 25.11% 94-366 DAYS 408,465 25.26% 1-3 YEARS 340,375 21.05% OVER 3 YEARS 273 0.02% TOTAL $1,616,750 100.00% -NOTE:SECURITIES MATURING IN 270 DAYS OR LESS SHALL BE VALUED AT BOOK VALUE OR ORIGINAL PURCHASE PRICE(ORS 294.860,ORS 294.875). LOCAL GOVERNMENT INVESTMENT POOL _...... ....__. ..MONTHLY. SUMMARY. FOR NOVEMBER_-1994. DAY BALANCES 1 1.174.449.745.98 2 - ---1,201 ,089.961 .93__ 3 7,221 ,899,884.37 4 1,254,996,012.79 ---------..-- - 5 _-_-. 1,254.996,012.79 __..---- 6 1.254.996,012.79 7 1,272,841 ,531 .30 .. .------ 9 1.311,583,012.47 10 1.317,763.209.04 .11 1,317,763,209.04 12 1,317,763,209.04 •13 1,317,763,209.04 14 1027,212,684.79 15 1,525,436,266.44 16 1.562,921 ,627.02 17 1.662,791 ,193.67 18 1,689,647,767.59 19 1,689,647.767.59 20 _ 1.689,647,767.59 21 1,706,658,532.45 22 1,700,461,440.09 23 _- 1,729,573,022.37 24 1,729,573,022.37 25 1,80.8,081 ,712.12 26 1,808,081,712 i2 27 1 .808,081 ,712.12 28 2,002,365,015.37 29 2,003,105,092.50 --�- 30 -- 1,938,621 ,857.88 TOTAL 45,888,941.359.03 AVERAGE DAILY BALANCE 1.529,631 ,378.63 EARNINGS TO BE DISTRIBUTED: 6,105,345.82 LOCAL GOV 0.70% CHARGE: 45,953.40 MONTHLY YIELD (NET) : 0.399 .383745 % NUAL YIELD (_NET): 4.85618 S 5 :••'OF AS . AEmorandum '.ORE00�.•'• December 14, 1994 ��- Mayor and City Council rem: Dick Wanderscheid, Steve Hall and John McLaughlin p�'Lt�IjPt : WATER SUPPLY/CONSERVATION STATUS REPORT BACKGROUND The City of Ashland has been evaluating various water supply options since 1989 when R.W. Beck was commissioned to study the need for a new water supply and potential sources to meet this new supply. This report suggested that a new supply needed to be brought on line by about 1998. It equated water conservation to water rationing and dismissed it as a serious option to meet future supply. It identified two possible new water supply options -- Winburn dam, which would be constructed about two miles upstream from Hosler Dam on the west fork of Ashland Creek, and a pipeline to the Rogue River which could bring Lost Creek Reservoir/Rogue River water to the City. At the time of the study in 1989, Winburn Dam was estimated to cost $11,000,000 and the Rogue River pipeline was estimated at $7,700,000. The estimated.cost of Winburn Dam equalled about $2.80/100 cubic feet of water, which was four times the retail rate of $.70/100 cubic feet at that time. Due to the high capital costs of both options and the fact that the Beck Report had not seriously studied the potential for water conservation as a source of new water, staff wrote a memo to the Council seeking permission to commission a study of our demand side resources. Council agreed and money was allocated in FY 91-92 and Synergic Resources Corporation prepared the study in July of 1991. This study identified ten program areas which would provide at least 500,000 gallons of water/day, which was equivalent to Winburn Dam, and which provided 560,000 gallons of water/day. However, the important distinction was that using SRC's numbers, the total cost in April 1992, for all these demand side programs, was $825,875. This was a mere fraction of the new supply options identified, which by then, due to inflation, had increased to $8.4 million for the pipeline and nearly $12 million for Winburn Dam. The study found "that implementing conservation activities can increase the time horizon when a new supply source is needed from about ten years to closer to 15 years, and perhaps even past 2021." The report was adopted unanimously by the Council in April 1992. Implementation of the program was begun in July 1992, when FY 92-93 funding became available. In January 1993, at the request of Councilor Laws, we prepared a memo to the Council which assessed the first six months of the program and also laid out a long term ten year plan to fully implement all of the program. This plan envisioned ten fully implemented programs by 2002. Progress on this plan will be discussed later in the memo. Both the Beck report and the SRC report used a planning assumption that our water system should have a 98% probability of meeting annual water demands. This means that water curtailment would only have to occur once every 50 years. Since the SRC report was adopted in April 1992, we have had summers (1992 and 1994) whereby curtailment was required. Because the Council expressed concern that we have encountered water shortages in these two years, it requested staff analyze the situation and report back our findings. That is the purpose of this memo. It will address population projections, weather and climate data, water production trends, conservation programs, activities and implementation results, and some additional conservation options as well. POPULATION Both the Beck Report from 1989 and the SRC Report from 1992 use population estimates in their analysis of Ashland's water situation. The Beck Report relied upon information in the 1981 Comprehensive Plan, with downward adjustments for actual population increases compared to the estimated. The Comprehensive Plan estimated an approximate 2% annual growth rate, and was adjusted down to approximately 1.75% annual growth rate. The SRC Report used the revised population analysis of the 1990 Population Element update, incorporating the modified estimates. As a matter of comparison, the Beck Report estimated that the population of Ashland in the year 2000 would be 20,000, while the current comprehensive plan and SRC Report estimated that it would be 19,000. Discussion has occurred questioning these estimates, and whether they provide a valid basis for projection of water needs. As shown in the accompanying graph (Fig.1, Ashland Population 1970-2005), it is clearly evident that our actual population increases are tracking well with the current Comprehensive Plan and SRC Report estimates. In fact, it appears that we are growing at a somewhat slower rate than even the 1990 Population Element update expected. For historical comparison, the 1981 Comprehensive Plan estimates are included, indicating the current population is approximately 2000 less than expected by that much earlier analysis. For further historical comparison, Staff reviewed the population estimates from the 1964 Comprehensive Plan, which estimated that Ashland would reach a population of 69,000 as it reached "maturity". Fortunately, growth has occurred at a much more appropriate pace. Given current trends, building activity, etc..., it is expected the current population trends will continue, tracking very closely to those currently estimated in the Ashland Comprehensive Plan. We believe the population estimates used in the SRC Report provide a very valid basis for the water demand assumptions. CLIMATE ANALYSIS The SRC Report based the availability of water (climatically related) on the analysis included in the Beck Report. No separate analysis was performed, choosing instead to utilize the same methodology of water availability that was prepared for determining the need for a new storage supply. The Beck Report utilized long-term streamflow data, both from Ashland Creek and, through correlation analysis, the upper Rogue River. Ashland.Creek had a relatively short record (18 years) and was supplemented with the Rogue River data. This record allowed the Beck Report to estimate recurrence intervals for years of low streamflow, as well as the possibility of back-to-back low-flow years. Their analysis was comprehensive for the purposes of determining water availability and for providing confidence levels regarding that availability. But their analysis chose not to examine the true variability of our water supply - precipitation (rain and snow). Therefore, this report attempts-to further explain the variabilities in our long-term climate through the analysis of local precipitation data. Streamflow data is basically precipitation data, but measured in the stream rather than in a rain gauge. While this is an oversimplification of the differences, it indicates the similarities of the nature of the data, and allows for the use of Ashland precipitation data for the purposes of examining long-term climatic trends in relation to the need for conservation/new water storage. It is easily understood that in years of low precipitation, there is low streamflow. But more importantly, while there is limited recorded streamflow data specifically for Ashland Creek, there is a long term precipitation record for the city, allowing for analysis of wet and dry periods for the last century. 3 If there is a consistent phrase than can be applied to Ashland's annual precipitation, it is that it is highly variable. That variability is shown by Figure 2 (Annual Ashland Precipitation, 1901-1993 w15-year Weighted Average). Annual totals have ranged from a minimum of 10.22 inches in 1959 to a maximum of 30.13 inches in 1983. In the graph, the annual precipitation totals are depicted by the bar graphs, while a 5- year weighted average was used to indicate the trends over the record. What is evident is that Ashland experiences periods of wet and less wet climates. But also, it is evident that no trend is of a permanent nature. While there have been previous periods of low rainfall (i.e. 1930's), they were later followed by periods of wetter weather. This is further shown in Figure 3 (Annual Ashland Precipitation, 1901-1993 w/Decade Averages). This graph shows the average annual precipitation for each decade, and that it is highly variable. Note that the scale has been changed to more clearly show the variations between decades. This graph is also useful that if you look at individual decades, you can see how the decade average is not necessarily representative of the individual years. For example, the 1960's are indicated by an average of 19.2 inches, but four of the years exceeded 22 inches, while five of the remaining six years were less than 17 inches. This raises the question that is brought up frequently -- "what is normal?" Climatic normals are based on 30-year time spans of recorded data, such as 1961-1990. This period has a normal annual precipitation of 19.2 inches. However, looking at the decade averages for 1961-70, 1971-1980, and 1981-1990, it is clear that each decade is somewhat different. It is true that the "normal" is 19.2 inches, but what can be expected annually is 19.2, plus or minus 8 or more inches!! This precipitation analysis does not provide the definitive answer that there will not be any problems regarding future water supplies, nor does it indicate that the drought is over and everything is fine. What it does state is that our local water supply is highly variable from year to year, and that we can expect to experience years of low precipitation that may require curtailment. But more importantly, this analysis indicates that the basic assumptions made in the Beck Report, and utilized in the SRC Report, remain valid. There is no concrete evidence to indicate a long-term climatic change that would require'a re-thinking of the report assumptions regarding water supply. This analysis merely confirms that our supply (precipitation) is highly variable from year to year, and that there will be periods of surplus and periods of deficit, and that the Beck and SRC Reports utilized the "best guess" available. 4 WATER PRODUCTION HISTORY AND TRENDS The City of Ashland has consistently improved the water system since the early 1970's and successfully promoted water conservation for the last several years. The result of those programs is dramatic as indicated in the following table. —[ YEAR WATER UNACCOUNTED POPULATION PRODUCED * FOR WATER ** 1970 1344 47% 12,342 1980 1224 32% 14,946 . 1990 1122 16% 16,234 1993 1144 18% 17,320 * In million gallons ** Unaccounted for water includes losses in pipes, inaccuracy of meters and unmetered water such as water from hydrants for fire fighting. A very good water system would have "unaccounted for water" of about 15%. But in Ashland with the extremely high water pressures of our system, the 16%-18% number is probably as low as we can expect to reach. Two graphs are attached which illustrate how minimization of system losses and conservation have reduced the total water produced and the water "consumption" per person in Ashland from 1970 through 1993. The fact is that our population has increased 40% since 1970 and our total water production has decreased by 15 V CONSERVATION PROGRAMS ACTIVITIES AND IMPLEMENTATION PROGRAMS AND ACTIVITIES The SRC report identified ten activities which, if pursued, could achieve savings equivalent to Winburn Dam or about 500,000 gallons of water/day. All ten areas have been addressed and we are making significant progress in each area. These areas are as follows: 1) Incentive Based Water Rates - With completion of the Hilton, Frankopf, and Hobson Water and Sewer Rate Study and subsequent adoption of our new water 5 and sewer rate schedules, this activity has been completed. Water and sewer rates now clearly provide disincentives for water waste and encourage people to pursue water use efficiency. 2) Plumbing Code Support - With adoption of Oregon's statewide plumbing code, which requires water efficient showerheads and toilets in new construction, this activity has been completed. Building and Conservation Staffs are enforcing this requirement in new construction in Ashland. 3) Density Bonuses - When the report was completed, our Performance Standards Ordinance allowed for density bonuses for energy efficient new construction. This ordinance.has been modified to now include water use efficiency bonuses. Therefore, this activity has been completed. However, we feel it needs to be updated and fine-tuned; we have already begun work on that. 4) Showerhead Retrofit - In July of 1992, we began our water auditing program. As part of this process, existing showerhead flow rates are measured and, if warranted, new showerheads are installed during the audit. Therefore, this activity is currently being implemented. BPA's Appliance Efficiency Program provides funding for showerhead replacement in homes with electric water heating. Showerheads for gas water heated homes are provided by WP Natural. 5) Large Customer Audits - This area has received a lot of attention and continues to be an area that we address whenever an opportune time arises. Currently, we have worked with the school district and have audited the majority of its facilities. Some SOSC buildings have been completed and most of our lodging dnd restaurant industry have been retrofitted. We are continuing to work in these areas and therefore, this activity is currently being implemented. 6) Public Information and Education - This area has received a lot of attention and continues to be an area that we address whenever an opportune time arises. Staff has made presentations in the schools, at various City organizations and service groups, and talked to all the media about water use efficiency. This activity, therefore, is currently being implemented and will be an ongoing activity. 7) . Landscape Re gulation - We have and continue to work in this area as time permits. We are in the process of gathering data from various California cities and have copies of numerous landscape regulations. We are a member of the Southern Oregon Landscape Association and have provided free training 6 seminars on landscaping to Ashland citizens. We have met with a group of " Rogue Valley landscape architectural firms and also discussed ways to proceed in this area. Our hope is to develop draft landscape regulations for review by various city commissions, landscape associations, professionals and installers within the next six months. Therefore, this activity is currently"being implemented. 8) Toilet Rebate - Our water auditing program publicizes the availability of toilet rebates to citizens who replace their toilets with ultra low-flow toilets. When the program began, we paid $75 rebates. In July 1993, this rebate was lowered to $60 for the first toilet, $50 for the second and $40 for each additional replacement per residence. These rebates were reduced because the price of the ULF units had been reduced significantly since the program began. In FY 94-95, we had a $12,000 budget for toilet rebates. Based on the current mix of replacement, about 210 rebates can be paid yearly for this activity. As of November 15, we had paid for 349 retrofit toilets under this program. Therefore, this activity is currently being implemented. 9) Leak Detection - The city retained a firm in 1993 to begin conducting leak detection to the City's 53 miles of water mains. The first lines checked were the oldest and "most suspicious". To date, 'about 28 miles of the water mains have been checked. The remaining 25 miles will be completed within the next 12 months. The results were very positive indicating very small losses within the water mains checked. To date, a majority of the larger leaks have been repaired. The leak detection process indicated that the SRC study projected losses were higher than what has been verified by testing. 10) Water Right Acquisition - All of Ashland's water projections by R.W. Beck and SRC assumed that the City would not be able to renew a current contract for 695 acre-feet of stored water in 1996 when the contract expires. Ashland has a verbal agreement that the contract will be renewed for an additional 25 years. The City has been pursuing the acquisition of additional stored water rights with the Talent Irrigation District (TID) and the U.S. Bureau of Reclamation (USBR). There are about 2200 acre feet of stored water in Howard Prairie Reservoir that is reserved for municipal and industrial use only. Currently, the City of Talent has a contract for 600 acre feet of the stored water rights. The 7 City has been working towards the eventual contractual control of the remaining 1600 acre-feet of stored water. All stored water rights are going through a process known as "prove up" where each holder of stored water rights has to show that they have been using the . water in accordance with the right. The prove up process will be completed in about 1 year. When the process is completed, the City will be working with current property owners in Ashland who have stored water rights with no access to TID water. The purpose is to have the individual property owner transfer their rights to the city of Ashland. Several years ago,,the City purchased water from the Talent Irrigation District for irrigation of Oak Knoll Golf Course. A permanent stored water right has been approved by TID and is now awaiting the completion of certification of that stored water right. The water right is more than is required for irrigation of the golf course and the balance will be transferred for City use. Another long term potential for stored water is the Medford Wastewater Treatment Plant reclamation project under consideration within the Bear Creek Valley. Briefly, the project would place highly treated wastewater in the Medford Irrigation Canal near the Jackson County Sports Park which would make water from Howard Prairie now used by MID available for reallocation for instream and domestic use. IMPLEMENTATION OF SRC'S RECOMMENDATIONS As pointed out earlier, we presented a ten year plan of implementation to the Ashland City Council in January 1993. This plan envisioned that by June 30, 1995, we would have completed 1,325 residential audits and an additional 110 commercial/industrial/governmental audits. As of November 15, 1994, we had completed about 920 audits, of which 80 were commercial/industrial/governmental and 840 residential audits. These residential audits included 88 multi-family residential buildings, which included 709 residential units. So, a total of 1,549 residential units have been audited to date. We project that by the end of June 1995, we will have completed 1,275 residential audits and 100 commercial/industrial/governmental audits. While these numbers are less than the 1,325 residential and 110 commercial/industrial/governmental audits projected in the 1993 memo, we feel there were some mitigating circumstances which will cause us to fall a little short of our projections. 8 The major impediment to meeting these goals was the fact that in both the summer of 1992 and 1994, the City had to implement curtailment. As you well know, this was a very staff intensive effort, especially in 1992, and thus many hours of staff time, which should have been devoted to conservation implementation was instead spent on curtailment. Had that not occurred, we feel confident that we would have remained on track with the 1993 ten year plan. It is our intent to catch up to the original pace in the next couple of years and be back on track by FY 96-97. While the pace of residential auditing has slowed temporarily, we feel our demand side programs are on track and achieving projected savings. Our direct install method ensures that not only retrofit devices are installed correctly, but also only when warranted. In addition, the auditing process gives us the ability to individually educate citizens about potential landscaping savings, which in.the long iun, are very important to helping citizens use water efficiently in the summer, our critical water period. We also have the opportunity to educate citizens about "big picture" water supply issues, gain good will, and illustrate that water supply issues have been thoroughly evaluated and we are acting accordingly. The incredible response we have received from citizens during our mandatory curtailment summers indicate people will respond during emergencies, and we feel that our programs have had a lot to do with this response. Had the Council not had the foresight to study and fund conservation, the curtailment years of 1992 and 1994, would clearly have been worse because water consumption would have been higher and people would not have been able to take advantage of the programs and information which could help them meet their curtailment targets. NEW PROGRAMS As you are aware, the SRC Report indicated that additional demand side options beyond the ten recommended could provide more water conservation to the City in the future. One very promising technology is what is called horizontal axis or front loading washing machines. Currently, 95% of washing machines sold in Europe are the horizontal axis variety. However, in the U.S., only one manufacturer produces a front loader. These units use one-half to one-third of the water and detergent that a top loader uses. Both Whirlpool.and Maytag will be joining Frigidaire in the market with these products in 1995. Right now, the Eugene Water & Electric Board has a program being funded by BPA under its Competitive Acquisition Program, which is called SHARP (Energy Savings Home Appliance Rebate Program). This program pays $120 rebate for horizontal axis washing machines. The Springfield Utility Board, which is the largest OMECA utility member, is very interested in pursuing the use of OMECA finances to fund an 9 appliance rebate program. If we are successful in gaining approval of this program for OMECA, then BPA funds would be available to pay these rebates. This technology is especially attractive to us because it 1) reduces water heating energy, 2) reduces water consumption, and 3) reduces detergent use. This clearly is a benefit for the electric utility, the water utility, the wastewater utility, and the citizen who purchases the washing machine. We will be working on this and hopefully, will be able to present a proposal to BPA and budget for this in the FY 95-96 budget period which begins in July 1995. Another very intriguing idea comes about from a study recently done for the City of Boulder, Colorado. This report investigated use of soil moisture sensors to control clock driven irrigation systems. The vast majority of irrigation systems are programmed for the worst case scenario, and are operated throughout the irrigation season irrespective of the actual water demands of the landscaping. The purpose of the study was to field test at three sites in Boulder, a retrofit of existing clock controlled irrigation systems with soil moisture controllers. As with many areas, technological advances have greatly improved moisture sensors and also reduced their costs. This field test was designed to determine if these newer inexpensive sensors could operate successfully under field conditions. Three sites were monitored during the 1993 irrigation season and demonstrated some impressive water savings. The 1993 season overall was drier than normal, but there were some rainy periods, so it was a very good test year. One site was picked as the most representative and that site had an average water cost of $445/year for the period 1985 to 1992. In 1993, which had higher water demand than any of the other years except 1988, water costs dropped to $180, which was a 60% savings over the previous years. The cost of retrofitting this site was $120 for the hardware and $65 for installation labor for a total cost of$185. Based on Ashland's water rates, similar water savings would result in payback periods for our customers of less than a year (yearly savings of $273 versus a total installed cost of$185). Viewing this on a preliminary basis, it appears that we need to further investigate means to possibly include this type of program in our demand side efforts. Not only does it look like something quite cost effective to citizens, it would also provide water savings exactly when we need them in the summer, and could push water use efficiency to new heights in Ashland. We plan on pursuing this idea and hopefully, have at the very least an educational effort ready for our next irrigation season. Other options could include a requirement or incentive for all newly constructed irrigation systems and then a retrofit rebate or incentive program for existing systems. The water savings potential of this idea deserves that something be in place for the FY 95- 96 budget year if it proves to be feasible. 10 As other new technology allows improvement in water management, we feel confident that other demand side options will become available to the City's programs. We anticipate keeping on top of these emerging ideas and pursuing ones that prove to be cost effective sources of water savings. The following table attempts to give a one page summary of our existing five water use efficiency programs where measures are installed or an estimate of water savings could be calculated based on the SRC report. This table, using conservative estimates, identifies over 293,000 gallons of water is being saved per day and over 49,000,000 gallons are being saved annually as a result of our programs. CONCLUSION The City of Ashland has thoroughly investigated all options available to meet our future water supply needs. This investigation demonstrated that the least expensive option available was water use efficiency and pursuing additional water rights. The SRC Report's ten suggested activities have all been implemented dr are in the process of being implemented. Our demand side programs are showing good progress and we are still on track to complete implementation on the schedule which was presented to the Council in 1993. Per capita water consumption continues its downward trend and the Water Division has made significant progress in reducing unaccounted for water by its aggressive system replacement and repair programs. Promising new conservation technologies are being explored and will be implemented as they prove to make sense to the City. Weather data used by R.W. Beck in its 1989 study, while not anywhere near perfect, still seems to represent the best data available. Population growth is tracking very closely with the numbers used by SRC. The verbal agreement with TID to extend our 695 (ac.ft.) water right, due to expire in 1996, for an additional 25 years and a possible additional water right from Howard Prairie Lake are also very good news to the City. Therefore, it appears to staff that we should continue our long term water supply activities at the pace suggested by staff to Council in 1993. The Council should be commended for a pro-active approach to this issue, and also for the foresight to investigate and fund water conservation as our least cost option for future water supply. Ashland has once again forged a leadership role, which has already been looked at by other utilities as they struggle with meeting growing demands for water. We will be at the Council meeting and make a presentation of this memo, but as always, feel free to give any of us a call prior to the meeting if you have questions or want to discuss this in more detail. 11 FIGURE 1 Ashland population 1970-2005 Actual, 1981 Comp Plan, 1990 Comp Plan 22000 20000 ....- `Comp '81 comp '90 0 18000 M (rt t [ /` 16000 uRu' F F exYF ; � Tb 6 tif3Ct `A: acs 3 s w .�e'dxs- y x9s.�ro %y. t£ ,ate �CC"k 14000 12000 1970 1975 1980 1985 1990 1995 2000 2005 Years City of Ashland Planning Department 12 ti FIGURE 2 Annual Ashland precipitation 1901-1993 wl 5-year Weighted Average 32 30 ........... ......................... ................ .......-............. ..... ....................... 28 - r wt; -Y - ------- , . avg. 26 ............. .................... .... 24 .. ........... ................................ ................. 22 20 < 14 12 10 11901 1911 1921 1931 1941 1951 19651 1971 1681 1691 Years ohland Planning Peparpannert 13 FIGURE 3 Annual Aohiand Precipitation 1901-1993 w0ocade Averages 25 23 Decade Avg ; S U `i 21 Al 43 19 4 Ob r Q 17 ; s p a. 15 IMP 1901 1911 1921 -1931 1941 1951 1961 1971 1981 1991 Years Ashland Planning Deparparment 14 A ! ■ \ ■ ƒ > > \ \ g \ x « + yx 9 ' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ x & & \ y% \ • 999 \ 2999 & % \ \ % \ 3 % % % + / % X, \ \ \ % \ « \ % , y.\���'�N.�l ��yy�\ ■ . , ; ;■ ; ; , ;, _; •■ • j . . . , , '�"\zi a \ yx9 % 9 » 9x » ® � \ \ \ \ \ \ \ \ \ \ \ 9999 % ® % » & » � \ \ \ \ \ \ % > % % 55 � � » 5555 � � \ �� � � � � \ \ \ \ \ \ \ \ \ \� xo % / \ \ \ \ \ » \ \ \ \ \ \ \ \ \ \ k \ \g gi \�\N! slil �Ssl . � /:d: \\ ,\sl "'.X: ZMKS N \IVIt IS\: ' N: T T T T N T Z. A T F- QQ J cZ O V O m O n o y O N O 0 ] w V- mn OR OW N 0 0 0 �m o ^cq M y 0 M as cy; N , N N .6 ry � T T J h a a a m a v 7u a oa > 0 0 omo O N g M ~ O N ^ m m m o a o ri N N LL OC y d T 0 W W d a r W a d m T� () H 0 vvmT Q ¢ °' h � ZQ w t0 m � Z Z O i > W (D N m m O a Cl) E W y m 7 O Z W o 0 0 0 N W N tnOC Nm �o O C7 W m of m o m d m .� m m � > �' N Cl) Y W U to M Q M II II II p w ^ W r }Q o m Min co M Mao 0 C � N O O m w E m O °O ! Op >W i1 UII V m o a Lo ( ^ z F � N W W U m M d m cm -J o woo ' N Q m Y 0 W D Q o v � n ^m m - z E0 ODC 0 D y m w "' o a aZZ . W 0 W m Z W J 0 m J 17 m m m N ¢ ° o Q Em F, M d' � � p (' v Z m d C Y W fn C Z Z °m H H o d V O W M m Co Lo co ¢` a o U y H N a cc M N t 0 0 C p Z — W Q N CII m - a E 0 cc i C C_ N c ro C G d d N V a Q d 'N "O N 0 ` Y d ¢ d u Vd r 'd L N w Y c `�a> Q I- 0 U 'O O' a U cc d Z° c o c3 ono w m U a z H N M V m �arco� December 14, 1994 V1 D: Brian Almquist, City Administrator rum: Steven Hall, Public Works Director �ubjtd.- Medford Reclamation Project ✓✓✓��r ACTION REQUESTED Council appoint representative to the Reclamation Project Steering Committee. BACKGROUND The Council agreed to have Councilor Acklm serve as the representative to the overall "Stakeholders" committee with Mayor Golden as alternate. A subcommittee has been formed to oversee Phase 11 of the project. A scope of work is attached for Phase H which will be done via an agreement with Eric Dittmer through RVCOG. I am assuming there will be a monthly meeting during the daytime for about 2 hours in the Medford any. This portion of the project is expected to be completed before June 1, 1995. The City of Ashland, Medford, Jackson County, Irrigation Districts, Rogue Basin Water Users Association, Medford Water Commission and the Rogue Fly Fishers are contributing to offset the estimated$5,000 cost of the Phase H study. Ashland's contribution is$1,000 as is Medford, Jackson County and the Irrigation Districts. Enc: Phase II Work Tasks (cAscwcr\mfrrcclJtr) T. POSSIBLE PHASE 2 WORK TASKS ehaz'e 2 of the Reclamation project would be the logical tine to address the expected problems mentioned in the Phase l Discussion Pap-er and the stakeholder's meeting. This would be the time to anfiwe r the following questions. Water Quality issues Question Will the potential users of the water agree that there is no problem irrigating with reclaimed water? Task: Work with irrigation districts on a public awareness outreach effort to inform district customers of the project and its potential benefits and costs . Questions Will the Depaztment of Environmental Quality (DEQ) allow the discharge of Class 4 treated water into irrigation canals? Will DEQ insist on no return flows to natural streams? Will this project affect the "THDL" process and responsibilities? Task: Discuss the project with DEQ officials at the local and state level informally to determine initial reactions. if appropriate, transmit the Discussion Paper for a more formal response to specific questions. Water Management Issues Question Will the Bureau of Reclamation support the project concept, the use of their canal rights of way for reclaimed water transfer and the possible re-allocations of stored water that may result? Task: Discuss the project Informally with Bureau officials and consider transmitting the discussion Paper and more formal questions as appropriate . Questions How much tinter should each irrigation district receive? How and where will it be delivered? Will any system Improvements be needed to accommodate and distribute the additional water? Task: Meet with each Irrigation district to determine these needs and abilities and coordinate responses to reach a consensus of shared benefits and responsibilities. A joint meeting with the staffs and boards should be held to ratify the answers . Additional Agency Involvement Question Will the Oregon Department of Fish and Wildlife and O 1 regon Water Resources Department support the project concept? What regulatory role do these or .other agencies play in this project? How will the "Prove Up" affect the project? Task: Discuss the project with these agencies informally. Transmit the Discussion Paper when appropriate with specific questions to obtain a more formal response . costs And Financing Question How soon can the project cost estimates be refined? How can this be done, by whom. Task : Seek note detailed engineering cost estimates. question What are the passible funding sources that appear reasonable to obtain? Ta8k : Research possible funding sources, select those that appear reasonable and feasible and determine how and when to proceed to apply for those funds . Organization Question Who will oversee the phase 2 effort? Task: Form a Reclamation Project Steering Committee including a representative from each of the stakeholders and other resource people as agreed upon. Many of these erssinvolvbed. person familiar with issu es and players issues involve engineering expertise and people who are very knowledgeable in grant writing and availability of State and Federal finances. These tasks could be completed in 8 - 10 weeks by one person working part time; 4 - 5 weeks working full time including coordination with the Steering committee the writing of a summary report to the stakeholders . f1t or an 1Y m 111 �RECCd December 15, 1994 Honorable Mayor and City Council r (.19 rVV_m: Brian L. Almquist, City Administr a r �L1hjPCt: Joint Elevator Project with OSF The City Council adopted a goal for 199495 of making City Hall fully accessible to meet ADA requirements and giving consideration to upgrading the back wall to meet seismic requirements. For the past several months,I have been meeting with Paul Nicholson and architect, Gary Afseth,working towards an agreement to share the cost of an elevator to serve City Hall in connection with their remodel of the Pioneer Building. I am happy to report that we have reached a tentative agreement to have them include the project in their base bid and to also include a small second story addition to the rear of City Hall to provide some additional space for the Finance Department. It has been somewhat complicated with the City's need to include State and Federal prevailing wage provisions in its portion of the project, while not encumbering the Festival with similar provisions. The proposed project also includes re-grading of the surfacing at the rear of City Hall with concrete, which will make both rear doors handicapped accessible. This will require the relocation of the emergency generator as well as the HVAC chiller/compressor. Since the access from the elevator to City Hall will be through existing work spaces, Councillor Arnold has requested that Councillorelect Ken Hagen work with City staff to insure that the internal arrangement also meets ADA requirements. This is necessary so that handicapped persons do not feel they are intruding on work areas. a` Ken Hagen and I believe we can accomplish this arrangement. b I had expected to have the estimate for the elevator from the cost-estimator earlier this week, but it is now ��t expected on Monday, December 19. The rough estimate for the City's share is about $75,000. These funds are available from recycled CDBG funds which currently have a balance of$78,341. Although the use of these funds is no longer restricted, meeting ADA requirements is one of the expressed purposes of the CDBG program. The project also anticipates a small second floor addition at the rear of City Hall,just outside the Finance Department.This will negate the need to cut into any existing walls of the present City Hall to provide elevator ( access, provide a covered entrance for wheelchairs, provide some badly needed space for Finance, and will allow us to implement the seismic recommendations at the rear wall of City Hall. The elevator shaft will likewise be tied into the southerly portion of the rear of City Hall to meet seismic requirements. The estimated cost for the second floor addition is between $69,380-$97,550. Funds for this portion of the work would be from the general capital outlay portion of the Capital Improvement Fund for the East Main addition. This should not effect our future decision on space needs since interest earnings and future Croman land payments should cover this additional amount. Copies of the schematic plans will be presented at the Council meeting. RECOMMENDATION: It is requested that staff be authorized to incorporate the improvements into the OSF project and to expend the funds as outlined above. (rMevnmr.mem) Gary N. Afseth architect a December 2, 1994 Brian Almquist Administrator City of Ashland 20 East Main Ashland, OR 97520 Re: City Hall Addition Preliminary Project Budget Dear Brian Please find attached Revised Floor Plans and Sketch illustrating an Addition to City Hall. In addition, the Sketch illustrates proposed Covered Walks between the Elevator and the Addition. Per your request, I have developed a Preliminary Project Budget for your consideration. Please understand that as more detailed information becomes known the Project Budget will be revised. In closing, I hope the Revised Floor Plans, Sketch, and Preliminary Project Budget meet with your approval. Please call on me should you have any questions regarding the attached information. incerely, Gary . Afseth NCARB Architect A.I.A. ■ (503)734-7707 29 South Grape Medford,OR 97501 CITY HALL ADDITION PRELIMINARY PROJECT BUDGET DECEMBER 2, 1994 A. CONSTRUCTION COST Unit Cost % A B 1. Office Addition 360 70 100 36,000 — 2. Office Addition 360 70 200 — 50,400 3. Covered Walk 174 35 100 6,000 — 4. Covered Walk 173 35 200 — 12,200 5. Site Work — — — N.I.C. N.I.C. 6. Gen. Cond. OHP — — 15 6,300 9,400 7. Contingency — — 10 4,800 7,200 TOTAL'A' 53,100 79,200 B. CONSULTANTS 11,000 11,000 1. Architect W/B W/B 2. Structural Engineer W/B W/B 3. Mechanical Engineer W/B W/B 4. Electrical Engineer W/B W/B TOTAL'B' 11,000 11,000 C. ADDITIONAL SERVICES 1. Architect [1] [1] — Programming —As-Built Drawings — Rendering 2. Site Survey [2] [2] 3. Landscape Architect N.I.C. N.I.C. 4. Interior Design N.I.C. N.I.C. 5. Detailed Cost Estimates N.I.C. N.I.C. TOTAL'C' N.A. N.A. D. REIMBURSABLE EXPENSES 1. Travel, Lodging, Meals N.A. N.A. 2. Reproduction 500 500 3, Postage 100 100 4. Telephone 50 50 5. Materials & Insurance 2,500 3,600 TOTAL'D' 3,150 4,250 E. MISCELLANEOUS EXPENSES 1. Furnishings and Equipment N.I.C. N.I.C. 2, Plan Review Fees —State of Oregon 130 150 —City of Ashland 200 250 3. Clerk N.I.C. N.I.C. 4. Materials Testing 200 300 5. Art 1 N.A. N.A. 6. Construction Contingency 3 1,600 2,400 TOTAL 'E' 2,130 3,100 TOTAL'A' —'E' 69,380 97,550 NOTES: [1] As approved by the City of Ashland [2] By the City of Ashland I � � �1 �� . �\ _- - -� � , �:.�::� F�?1?, i �* 2'�Fi tF. � !,2=' wy: i � \r c rY-y .4..» ,\ o � �� � 1 Iry i1k.,�' � � � 6 rr j�T� o m.�N:y.:.. .... OD .:f.%,1' oq� ��� L� ; �1 D D O o � 00 � � D On-� � I . u� ( ...._... L � pig --------------------- peps r tt s '� �5i f ❑ ' I ZBr,g _...-.....---- t`"�� 64AUT"AUQLA VAL4 P r —1 I 646,UTAU" VAL4 i AF _ lit. _. R�g k As F _ �V!. OR -_.-__- FI—`Sric'-- s r cA&UTAUGUA VAW( OREGON SHAKESPEARE FESTIVAL ,-COSTUME'SHOP` h NG�u <•a� �..,. RESOLUTION NO. 94- A RESOLUTION AUTHORIZING CITY ADMINISTRATOR TO TAKE NECESSARY ACTION TO MEET REQUIREMENTS OF FEDERAL TAX CODE TO EXCLUDE FROM TAXATION EMPLOYEE CONTRIBUTIONS TO PERS THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. For purposes of 26 United States Code section 414(h)(2), City of Ashland employee contributions to the Public Employes' Retirement System (PERS) are deemed "picked up" by the City. Employees shall not have the option of receiving money designated for retirement contributions and directly making the contribution to PERS. Employees' reported salary for tax purposes shall be reduced by the amount of the employees' contribution to PERS. ( The City Administrator is instructed to take such actions as may be necessary to implement this resolution including any additional action as may be necessary under the Internal Revenue Code to exclude PERS contributions from taxation. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this _ day of 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor ewed as to form: ajN Paul Nolte, City Attorney PAGE 1-RESOLUTION (p:ord\psrs.res) RESOLUTION NO. 94- A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF ASHLAND THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION I. For the City of Ashland, the following persons are authorized to sign on behalf of the City, orders for payment or withdrawal of money: Catherine M. Golden, Mayor; and Barbara Christensen, Recorder/Treasurer; or in their absence, Jill Turner, Director of Finance; or Karen Huckins, Supervising Accountant. ' Such authority shall remain in force until revoked by written notice to the affected bank of the action taken by the Council of the City of Ashland. All prior authorizations are superceded. SECTION 2. This resolution shall take effect on January 3, 1995. This resolution was;read by title only in accordance with Ashland Municipal Code §2.04.090 duly PASSED and ADOPTED this day of 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of , 1994. Catherine M. Golden, Mayor Reviewed as to form: Paul Nolte, City Attorney (¢:ji11\wp\counci1\bnksba2.m) is i ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.08.080.E OF THE ASHLAND MUNICIPAL CODE TO MEET REQUIREMENTS OF FEDERAL TAX CODE FOR EMPLOYEE CONTRIBUTIONS TO RETIREMENT F NOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE NN€9�k{&Ay6k AND DITIONS ARE SHADED. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 3.08.080.E of the Ashland Municipal Code is amended to read: E. Retirement. All regular full-time City employees are enrolled in the State of Oregon Public Employees Retirement System after six (6) months employment. The foregoing ordinance was first READ on the day of 1994, and duly PASSED and ADOPTED this day of , 1994. Nan E. Franklin, City Recorder SIGNED and APPROVED this day of 1994. Catherine M. Golden, Mayor Approved as to form: Paul Nolte, City Attorney QmorttnAixm . ,. December 14 , 1994 _ 111 D. Mayor and City Council W rIIm: Peggy Christiansen, Assistant City Administrator ubjett Amending Ashland Municipal Code Section 3 . 08 . 080 E The attached code amendment is recommended to delete an outdated reference to. payroll deductions for retirement. As the City Council is aware, deductions are not currently required for retirement and will not be required (vis a vis Measure 8) until current contracts expire, or as new employees are hired after Jan 1, 1995. When and how such deductions take place are adequately provided for in PERS law. To avoid any potential conflict between PERS law, current labor agreements and the City Code, we recommend this amendment to the city code. f City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM December 22, 1994 TO: The Mayor and Council FROM: Paul Nolte SUBJECT: Attached Ordinance of the City of Ashland Updating Code Provisions Regarding City Cemeteries by Replacing Chapter 2.64 of the Ashland Municipal Code The attached ordinance is being sent to you at this time pursuant to Article X, Section 2(c) of the municipal charter. This charter provision permits reading the ordinance by title only when council members are provided a copy one week in advance of the meeting. The purpose for the proposed changes to this chapter of the code is to update some archaic language as well as to conform the code to the manner in which the cemeteries are managed. Attachment c: Brian Almquist Jill Turner Mike Biondi Nan Franklin/Barbara Christensen le:\council\cemetery.meml ORDINANCE NO. AN ORDINANCE UPDATING CODE PROVISIONS REGARDING CITY CEMETERIES BY REPLACING CHAPTER 2.64 OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.64 of the Ashland Municipal Code is replaced in its entirety with the following chapter: NOTE: FORMER CHAPTER 2.64 IS SET FORTH BELOW ANNOTATED TO SHOW DELETIONS AND ADDITIONS MADE TO IT TO FORM THE NEW CHAPTER 2.64. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE SFfAq.EQ. Chapter 2.64 CITY CEMETERIES' Sections: 2.64.010 Designated. 2.64.020 Reselling lots prohibited. 2.64.030 Repairing structures--Consent required. 2.64.040 Curbing prohibited. 2.64.050 Lots--Prices. 2.64.060 Lots--Deeds--Procedure. 2.64.070 Lots--Deed--Form. 2.64.080 Grave-depth. 2.64.090 Fees. 2.64.100 Lots--Improvement--Consent required. 2.64.110 Records. 2.64.120 Perpetual upkeep. 2.64.130 Trust fund. 2.64.140 Authorization to inter remains. 2.61.59 n theFgzat'an to eremate . 2.64.160 Ground burials & interments in crypts. 2.64.170 Cremains burials & interments in niches. ' For provisions regadding the cemeteries trust fund, see City Charter, Art. XVIII; for statutory provisions regarding municipal cemeteries, see ORS 266449 226:410 . et ......................:. sea. EDITOR'S NOTE: This chapter was editorially altered per request of the city attorney dated 9/5/73 (Exhibit E); historical background Ord. 873 as amended by Ords. 1117 and 1161. PAGE 1-ANNOTATED ORDINANCE FOR FIRST READING (p:ord\cemetery.eno) 2.64.190 Markers and name plates. 2.64.200 Disinterments. 2.64.210 Artificial flowers. 2.64.010 Designated. The Ashland Cemetery and the Mountain View Cemetery and ,tq,0W,,qib6WfYgare declared to be City cemeteries, under the control and management of the City;, The plats of sa+-these cemeteries as the sarne are on file in the office of the City Recorder and are hereby ratified and declared adopted. 2.64.020 Reselling lots prohibited. No cemetery lot ef the Gity, eF heFeafter owned by individuals, shall be reseld te any etheF individuals. Any of said lots may be reseld te the Gity at a priee equal te five dellaFS ($6.00) Iess- saki by the 'rty after February f, f95'•shall be assrgnetf>c�r transferred by,the purchaser tci; anyone:except to tf e c>#y, whc ay accept such ss�gnrrter t ar trarisfer In its sale discret... 2.64.030 Repairing structures--Consent required. No repairs to improvements or structures on lots in any cemetery controlled by the City, aside from repairs to monuments shall be permitted without the written consent of the Superintendent e€ GeFneteF4eS Of metery upenntendertl. 2.64.040 Curbing prohibited. The building or repairing of any curbing surrounding any lot or group of lots in any cemetery controlled by the City is hereby expressly prohibited, it being the ultimate object of the City to eliminate such curbing, which is a detriment and obstruction to the proper care of the various plots. 2.64.050 Lots--Prices. The prices for lots sold and services rendered shall be established by resolution of the City Council. 2.64.060 Lots--Deed--Procedure. All deeds for cemetery lots or grave spaces in cemeteries controlled by the City shall be signed by the City Recorder for and on behalf of the City, and issued upon payment of the proper consideration theeefer without any further authority. 2.64.070 Lots--Deed--Form. The following shall constitute the form of deed to be issued by the City to the purchaser of grave spaces in City cemeteries: "CEMETERY DEED This ;ndentWe witnesseth that the City of Ashland, f te State o th t z �Oregon, for arad�n-consideration of has bargained and seld, and by this does hereby g,,--,-,t and-conveys unto €urtf3er referred to iri this°died" s Tarr ee whether srn�ul r or„plu alj subject to HFnitatiens and conditions herei.;a;�ir set forth belgvu, the following described grave space r Spaces; in the Cemetery of the City of Ashland, PAGE 2-ANNOTATED ORDINANCE FOR FIRST READING (p:ord\cemetery.ano) Jackson County, Oregon, e wit: Space Block Section as the same is designated, numbered and described on the official plat on file with the City Recorder of the City of Ashland, Jackson County, Oregon. Te have and te hold the above desv'bed gFave spaoe URtE) the said h^ ^- CONDITIONS This �opveyancpN�s:sublecti tfl�ihe follawang c�nd�tions 1. No transfer of the tFaGt desGFebed h 'av8 space or spaces_may be made to anyone except the City of Ashland at a priee equal to We dellars ($5.00) per gFave spaee less than the priee paid by the gray te he , wh<5 may accept such ass�gnme ar transfer do Its sold cliscratiort. 2. No curbing enclosing the grave space, or groups-of grave spaces, shall ever be constructed, and any other improvements to the'space herein eenveyed m, be with the ^ ^^• ^' shat€ not;b ' unless cgnsented to €n writing by the Cemetery 5isperut ten dent. 3. Only ground level plaques will be permitted in sections 16-th rough 21 of the fvlaurs I View Cer3?etery and no monuments, cement work, or construction of any character will be permitted on the grave Space or:. spaces in these secharis. 4. TiTICTr%No grave on said tract shall be dug except by the City of Ashland through its regularly constituted employees. 5. ant Graatee's representatives; and heirs, by the acceptance of this deed j^^ y agree to comply with any and all of the rules and regulations governing the conduct and operation of said-i-4,cemeteries which may be imposed by the City of Ashland. AGREEMENT BY CITY FOR PERPETUAL UPKEEP The City of Ashland, in consideration of the payment above mentioned, and the acceptance of the above conditions by the Grantee, does hereby agrees to maintain the space "°""#tereby eer�veyed perpetually in a neat and 2 �i' orderly condition, and at its own expense and to properly plant, water, triffl, and- etheFwise care for the lawn or WFIE te be gFewn en said Such space or spaces. No contributions or additional payments shall ever be required by the City of PAGE 3-ANNOTATED ORDINANCE FOR FIRST READING (P:ordlcemetery.ano) Ashland from the grantee herein. e)(eeuted by its Gity oatd City of Ashland By City Recorder (This deed at the time of its issuanee has beeR duly FeGarded VGI. OR and wfiasmueh as the plat of said eemeteFy is en file with the Gity ReeeFder E) r Deed Reeards+. ' 2.64.080 Grave depth. All graves dug in any cemetery under the control of the City must be excavated to a depth of not less than four (4)-feet, and no grave digging shall be permitted unless the same be done by the properly constituted employees of the City. 2.64.090 Fees. All fees which are to be collected in connection with the operation of the said-cemeteries must be paid to the City Finance Department. 2.64.100 Lots-Improvement-Consent required. No improvements or construction, including the.setting of stones, shall be made upon any lot in any cemetery controlled by the City unless such improvements have been approved, by written consent, by the SupeFintendent ef Cemeteries of the f emetery Superinfendent U/ntten consent by ent that perpetual care be pgrChasE d far the lot where file stgn✓ rs to be set, if such care does ngt already exist by,daed or Bter wrllten„document 2.68.110 Records. The City Recorder hereby autherized and direete immediately purehase suitable beeks fer the maintaining E) shall maintain': A. The record and index of all deeds covering cemetery lots which have been, or may hereafter be, issued, which index shall be designated as the "Cemetery Deed Records'; B. An ownership plat of each cemetery under the control of the City, on which shall be kept up to date, the names of the owners of all burial plots theretofore, or hereafter, sold by the City. The City Recorder is further directed to maintain, as far as practicable, a record of the addresses of the owners of the various plots. 2:64.120 Perpetual upkeep. Every owner of a lot in a cemetery controlled by the City, which lot has been heretefere purchased.,,,wttl aut e right of perpetual Care by tn'e city, has the right and privilege to secure a perpetual upkeep agreement with the City, covering such lot so purchased by paying an additional sum equivalent to fifteen set by resofutlon of the city council, PAGE 4-ANNOTATED ORDINANCE FOR FIRST READING Ip:ord\cemetery.eno) s whether the same be actually used or not. The form of agreement under which the City shall contract for such perpetual upkeep under the provisions of this section shall be substantially as set forth in the 'conditions" of the cemetery deed mentioned in Section 2.64.070. 2.64.130 Trust fund. There is ,heFeby f •he; ereated trust fund is€created<to be 11.1 _... known as "Cemetery Trust Fund" into which fund shall be deposited sixty percent (6096) of all sums received from sale of burial plots or grave spaces, and sixty percent (69%) of all sums received from owners of lots already sold who desire.to secure a contract for the perpetual upkeep thereof, and one hundred percent (100%) of all bequests and donations, and all other sums which are required to be set aside under the provisions of Section 1 of Article XVIII of the City Charter, the monies in said-tfs fund to be kept properly invested, and the income therefrom to be used for the maintenance and upkeep of cemeteries held by or under control of the City. The forty percent (49°6}-withheld from the purchase price of grave spaces and from sale of perpetual upkeep agreements, shall likewise be used for maintenance and upkeep of said t `3cemeteries. 2.64.140 Authorization to inter remains. A.—The Cemetery Department may inter remains of a decedent without liability therefor upon receipt of a Disposal Transit Perffiit- cate of ea&igned by a registrar authorized by the Department of Health of the State of Oregon, or from an official duly authorized by another state or foreign country to authorize burial of human remains, and either; 8-A Receipt of a written authorization from the following persons in the following order of preference: 1. The decedent, in fie�ni:'s lifetime or from the decedent's papers after death, 2. The surviving spouse, 3. A surviving child or adopted child over the age of 18 years, 4. A surviving parent or adoptive parent, 5. A next of kin, or 6. Any other person who has acquired the right to control disposition of the remains; or G%* Instructions from a mortician or funeral director licensed by the State of Oregon or by another state or a foreign country. r ' except that 'nnlr GtiE. n fFE)Fn merlin r i n al diFeGtGFS must be in , '1in V 2.64.160 Ground burials and interments in crypts. A Burials in the ground must be in liners sold by the City of Ashland Cemetery Department Diui; tat1, except that burials in steel vaults acceptable to the Cemetery Superintendent are also permissible. B. 'interment in crypts must be in caskets, exeept that buF4als in steel vaults aGGeptable to orttier s )tabie aoptainer approved by the PAGE 5-ANNOTATED ORDINANCE FOR FIRST READING (p:erd�cemetery.eno) Cemetery Superintendent aFe alse permissible. 2.64.170 Cremains burial and interments in niches. The following regulations apply to burials of cremains in urn gardens or interments in niches: A. Burials of cremains in glass-front niches must be in vases or urns acceptable to the Cemetery Superintendent. B. All other burials of cremains in urn gardens, or interment in niches, must be in containers acceptable to the Cemetery Superintendent. s Fnust sign a eertified er registered me'! Feeeipt eF etheF deetimeRt attesting to Feeeipt-el ttin �„ n-ran,T S. The Gemetnn, c n■nnannt r h•n/heF supewiser F hin/hnf n be Felinatn rrr .. uy�vwa.t any r.nM fE)F s uh'nh a net meet theteFite F0 . tlin d On this State of OFegeR, 2.64.190 Markers and name plates. All markers must conform to existing sizes and patterns. All markers, except those in areas designated by the Cemetery Superintendent as allowable for upright markers, must be flush with the ground. 2.64.200 Disinterments. The remains of a deceased person interred in a plot in a cemetery may be removed therefrom with the consent of the Cemetery Superintendent and written consent of the person who has the right to control the disposition of the remains of the deceased person. If the consent of any such person cannot be obtained, permission by the eeunty eekiFt he Board of County Commissioners of tl ;fir} St2 ounty wheFe the eemeteFy is situated shall be sufficient. Notice of application to the ceuFt-board flf county cmmis'll" s.fior such permission must be given at least sixty ( 0) days prior to the proposed date of disinterment, personally or by mail, to the emeterySuperartendent, to the person not consenting and to every other person or authority on whom service of notice is required by the board of county commissioners. This section does not apply to the disinterment of remains upon order of a'court or coroner. 2.64.210 Artificial flowers. No artificial flowers are permitted during the IawR seaseF+from March through November �5af eachyear. PAGE 6-ANNOTATED ORDINANCE FOR FIRST READING (P:o,M.emetery.ano) ORDINANCE NO. AN ORDINANCE UPDATING CODE PROVISIONS REGARDING CITY CEMETERIES BY REPLACING CHAPTER 2.64 OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.64 of the Ashland Municipal Code is replaced in its entirety with the following chapter: NOTE: FORMER CHAPTER 2.64 IS SET FORTH BELOW ANNOTATED TO SHOW DELETIONS AND ADDITIONS MADE TO IT TO FORM THE NEW CHAPTER 2.64. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE SEfApEf3. Chapter 2.64 CITY CEMETERIES' Sections: 2.64.010 Designated. 2.64.020 Reselling lots prohibited. 2.64.030 Repairing structures--Consent required. 2.64.040 Curbing prohibited. 2.64.050 Lots--Prices. 2.64.060 Lots--Deeds--Procedure. 2.64.070 Lots--Deed--Form. 2.64.080 Grave depth. 2.64.090 Fees. 2.64.100 Lots--Improvement--Consent required. 2.64.110 Records. 2.64.120 Perpetual upkeep. 2.64.130 Trust fund. 2.c � 64.140(� Authorization to inter remains. 2.64.160 Ground burials & interments in crypts. 2.64.170 Cremains burials & interments in niches. For provisions regarding the cemeteries trust fund, see City Charter, Art. XVIII; for statutory provisions regarding municipal cemeteries, see ORS 266.411022& et EDITOR'S NOTE: This chapter was editorially altered per request of the city attorney dated 9/5/73 (Exhibit E); historical background Ord. 873 as amended by Ords. 1117 and 1161. PAGE 1-ANNOTATED ORDINANCE FOR FIRST READING (p:ardlcemetcry.eno) 2.64.190 Markers and name plates. 2.64.200 Disinterments. 2.64.210 Artificial flowers. 2.64.010 Designated. The Ashland Cemetery-and4#e; Mountain View Cemetery and EfetRrgdrne Gr?met8ryare declared to be City cemeteries, under the control and management of the City and The plats of sa+dtliese cemeteries as the are on file in the office of the City Recorder and are hereby ratified and declared adopted. 2.64.020 Reselling lots prohibited. No cemetery lots of ^ ^,°'°F;°° „^a^. the eeRye' Any of said lots may be Feseld te the Gity at a pF!ee equal te five dellaFs ($6.00) less- still by the at.i...y after E abruary t, 19 5 Shall be assigned or transferred lny the purchaser to anyone:except to xhe city,who may accept sughss�grtment or transfer rn its sole discretion. 2.64.030 Repairing structures--Consent required. No repairs to improvements or structures on lots in any cemetery controlled by the City, aside from repairs to monuments shall be permitted without the written consent of the Superintendent of emetery Strpenntendertt. 2.64.040 Curbing prohibited. The building or repairing of any curbing surrounding any lot or group of lots in any cemetery controlled by the City is hereby expressly prohibited, it being the ultimate object of the City to eliminate such curbing, which is a detriment and obstruction to the proper care of the various plots. 2.64.050 Lots--Prices. The prices for lots sold and services rendered shall be established by resolution of the City Council. 2.64.060 Lots--Deed--Procedure. All deeds for cemetery lots or grave spaces in cemeteries controlled by the City shall be signed by the City Recorder for and on behalf of the City, and issued upon payment of the proper consideration therefer without any further authority. 2.64.070 Lots--Deed--Form. The following shall constitute the form of deed to be issued by the City to the purchaser of grave spaces in City cemeteries: "CEMETERY DEED This ndentWe wftnesseth `h^"he City of Ashland, the State ef-Oregon, for and in consideration of `;e—&an+-�$ to it paid, has baFgained and seld, and- by this instruF%Rt dees hereby grant, bargaiR, S and-conveys unto further: referred to in €his tteec;25 Gran#ee twhefher singular or plural); subject to limitaimens and conditions heireiig.Alter-set forth......�efgw, the following described grave space , spaces. in the Cemetery of the City of Ashland, PAGE 2-ANNOTATED ORDINANCE FOR FIRST READING (p:ord\cemetery.a,o) Jackson County, Oregon,to wit: Space Block Section as the same is designated, numbered and described on the official plat on file with the City Recorder of the City of Ashland, Jackson County, Oregon. To have and to hold the above deSGFibed gFave spaee WRtG the said heirs and CONDITIONS 1 fis' nnyeancas's9)ecz tca theatlawang c60dtti4ns: 1. No transfer of the rave space or spaces`may be made to anyone except the City of Ashland at a pr+ee equal te five dellaFS ($6.99) peF grave spaee less than the priee paid by the grant° ,,±Wha may accept such asslgnent or transfer €n; its sole dt5Cf8t€%2r3. 2. No curbing enclosing the grave space, or groups-of grave spaces, shall ever be constructed, and any other improvements to the space heFe'^ eenveyed must be with the GORGeR. °. shalt ncrt�;be made unless consented tp to tivrrt:ng try the erintendent. 3. Only ground level plaques will be permitted m sections 16 tfirough 21 of the 1Vl0Unfairt 1llew Cemetery and no monuments, cement work, or construction of any character will be permitted on the tract herein eenveyed. raves ac„ Or spaces trr these seehons;. 4. That n o grave OR said tFaet-shall be dug except by the City of Ashland through its regularly constituted employees. 5. Grantee,:and Grantee s representatives; and heirs, by the acceptance of this deed lees kieref3y-agree to comply with any and all of the rules and regulations governing the conduct and operation of said-, is cemeteries which may be imposed by the City of Ashland. AGREEMENT BY CITY FOR PERPETUAL UPKEEP The City of Ashland, in consideration of the payment above mentioned, and the acceptance of the above conditions by the Grantee, does „erg agrees to maintain the space Cc SGeS'hereby eeRVeyed perpetually in a neat and orderly condition, and at its own expense and to properly plant, wateF, tFiffi, oeF.,.se-.,are for spchspace or spaces. No contributions or additional payments shall ever be required by the City of PAGE 3-ANNOTATED ORDINANCE FOR FIRST READING (p:ord\cemetery.mto) Ashland from the @ rantee heFein. 'A WitReSS WheF8ef, the City of Ashland has Gaused this to be e)Eeeuted by its Gity Dated City of Ashland By City Recorder (This deed at the time ef has beeR duly reeeFded 'R vel. en the Qty ef Ashland, it is uRneeessaFy to reeerd the same in the jaekson 2.64.080 Grave depth. All graves dug in any cemetery under the control of the City must be excavated to a depth of not less than four (4}-feet, and no grave digging shall be permitted unless the same be done by the properly constituted employees of the City. f 2.64.090 Fees. All fees which are to be collected in connection with the operation of the said-cemeteries must be paid to the City Finance Department. 2.64.100 Lots-Improvement-Consent required. No improvements or construction, including the setting of stones, shall be made upon any lot in any cemetery controlled by the City unless such improvements have been approved, by written consent, by the f;emetety �i%perinterc#ent. Written consent by the Coitetery Supennterident shall tnctuda a requirement that perpetual carebe pt?rohased for the(ot where;the stone 3s to ba set, if SUCK care. dyes not already exist by deed�r other wrttten document; 2.68.110 Records. The City Recorder Shalt maintain: A. The record and index of all deeds covering cemetery lots which have been, or may hereafter be, issued, which index shall be designated as the "Cemetery Deed Records'; B. An ownership plat of each cemetery under the control of the City, on which shall be kept up to date, the names of the owners of all burial plots theretofore, or hereafter, sold by the City. The City Recorder is further directed to maintain, as far as practicable, a record of the addresses of the owners of the various plots. 2.64.120 Perpetual upkeep. Every owner of a lot in a cemetery controlled by the City, which lot has been heFete€ere purchased without e right of perpe}Ual care by the pity, has the right and privilege to secure a perpetual upkeep agreement with the City, covering such lot so purchased by paying an additional sum l ` eq vae nt to fifteen sit b"y rasoLuUOR of the c)ty council., PAGE 4-ANNOTATED ORDINANCE FOR FIRST READING (P:ord\cemeiery.eno) whether the same be actually used or not. The form of agreement under which the City shall contract for such perpetual upkeep under the provisions of this section shall be substantially as set forth in the 'conditions" of the cemetery deed mentioned in Section 2.64.070. 2.64.130 Trust fund. TheFe is heFeby f,..a^. eFe ed R trust fund rs,:created_to be known as "Cemetery Trust Fund" into which fund shall be deposited sixty percent {69%} of all sums received from sale of burial plots or grave spaces, and sixty percent (699G) of all sums received from owners of lots already sold who desire-to secure a contract for the perpetual upkeep thereof, and one hundred percent (100%)of all bequests and donations, and all other sums which are required to be set aside under the provisions of Section 1 of Article XVIII of the City Charter, the monies in saiEkh. fund to be kept properly invested, and the income therefrom to be used for the maintenance and upkeep of cemeteries held by or under control of the City. The forty percent {4A%+withheld from the purchase price of grave spaces and from sale of perpetual upkeep agreements, shall likewise be used for maintenance and upkeep of said-ffo cemeteries. 2.64.140 Authorization to inter remains. A.—The Cemetery Department may inter remains of a decedent without liability therefor upon receipt of a Disposal TFansit 4riffipat of3eath=:signed by a registrar authorized by the Department of Health of the State of Oregon, or from an official duly authorized by another state or foreign country to authorize burial of human remains, and either; 8-. Receipt of a written authorization from the following persons in the following order of preference: 1. The decedent, in hs decedent's;lifetime or from the de.C..GSt fit'.S papers after death, 2. The surviving spouse, 3. A surviving child or adopted child over the age of 18 years, 4. A surviving parent or adoptive parent, 5. A next of kin, or 6. Any other person who has acquired the right to control disposition of the remains; or G Instructions from a mortician or funeral director licensed by the State of Oregon or another state or a foreign country. 2.64.160 Ground burials and interments in crypts. The fellewing regulations apply te Burials in the ground must be in liners sold by the City of Ashland Cemetery DepaFtFnent DiMffi, except that burials in steel vaults acceptable to the Cemetery Superintendent are also permissible. B. 'interment in crypts must be in caskets;exeept or tither suitable container approved by the PAGE 5-ANNOTATED ORDINANCE FOR FIRST READING Ip:ord\cemelery.ano r F: Cemetery Superintendent We alse peffniSSble. 2.64.170 Cremains burial and interments in niches. The following regulations apply to burials of cremains in urn gardens or interments in niches: A. Burials of cremains in glass-front niches must be in vases or urns acceptable to the Cemetery Superintendent. B. All other burials of cremains in urn gardens, or interment in niches, must be in containers acceptable to the Cemetery Superintendent. F peee d,, �T A. Deee d e m .st be n)nnn.-I by the funeral .direetnr nrtin)nn OF u.t n rV I.IV VJInst'n d e n ntainnr wh'nh m must hn made of weed OF be B. nl if the eremains n to be shipped, she n nnt'n shipment must must sign a eeFtified eF Fegistered Mail Feeeipt eF etheF deeument attesting tG Feeeipt-ef the owna'Hs. S The Gemntnni C intnnrdnnh 1 /hie her supeMSOF r hie /her n hnrrl natn State erg 2.64.190 Markers and name plates. All markers must conform to existing sizes and patterns. All markers, except those in areas designated by the Cemetery Superintendent as allowable for upright markers, must be flush with the ground. 2.64.200 Disinterments. The remains of a deceased person interred in a plot in a cemetery may be removed therefrom with the consent of the Cemetery Superintendent and written consent of the person who has the right to control the disposition of the remains of the deceased person. If the consent of any such person cannot be obtained, permission by the eeunty eeuFt he Board of County Commissioners of tke"ft n,G ounty where the eemeteFy is si4jated shall be sufficient. Notice of application to the ceert board flf county cor}mtsstflr3ers for such permission must be given at least sixty (60} days prior to the proposed date of disinterment, personally or by mail, to the Gemctery=S uperartenticnt, to the person not consenting and to every other person or authority on whom service of notice is required by the board of county commissioners. This section does not apply to the disinterment of remains upon order of all.court or coroner. 2.64.210 Artificial flowers. No artificial flowers are permitted duFing the lawn seasea from March 9 through November 15 ofah year. ,. PAGE 6-ANNOTATED ORDINANCE FOR FIRST READING (p:wd\cemewy.ene) ORDINANCE NO. AN ORDINANCE UPDATING CODE PROVISIONS REGARDING CITY CEMETERIES BY REPLACING CHAPTER 2.64 OF THE ASHLAND MUNICIPAL CODE THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.64 of the Ashland Municipal Code is replaced in its entirety with the following chapter: NOTE: FORMER CHAPTER 2.64 IS SET FORTH BELOW ANNOTATED TO SHOW DELETIONS AND ADDITIONS MADE TO IT TO FORM THE NEW CHAPTER 2.64. DELETIONS ARE LINED THROUGH AND ADDITIONS ARE 4W, . Chapter 2.64 CITY CEMETERIES' f Sections: 2.64.010 Designated. 2.64.020 Reselling lots prohibited. 2.64.030 Repairing structures--Consent required. 2.64.040 Curbing prohibited. 2.64.050 Lots--Prices. 2.64.060 Lots--Deeds--Procedure. 2.64.070 Lots--Deed--Form. 2.64.080 Grave depth. 2.64.090 Fees. 2.64.100 Lots--Improvement--Consent required. 2.64.110 Records. 2.64.120 Perpetual upkeep. 2.64.130 Trust fund. 2.64A.140 Authorization to inter remains. 2 C60 Authorization to ate 2.64.160 Ground burials & interments in crypts. 2.64.170 Cremains burials & interments in niches. ' For provisions regarding the cemeteries trust fund, see City Charter, Art. XVIII; ............6............ for statutory provisions regarding municipal cemeteries, see ORS 266 8 22 410. et ` sic j EDITOR'S NOTE: This chapter was editorially altered per request of the city attorney dated 9/5/73 (Exhibit E); historical background Ord. 873 as amended by Ords. 1117 and 1161. PAGE 1-ANNOTATED ORDINANCE FOR FIRST READING (p:ardweme[ery.ano) ) F 2.64.190 Markers and name plates. 2.64.200 Disinterments. 2.64.210 Artificial flowers. 2 64.010 Designated. The Ashland Cemetery-and4he Mountain View Cemetery and,. tf7e Harga frne'Gerietery are declared to be City cemeteries, under the control and management of the Cary; aad t The plats of said-these cemeteries as ;e same are on file in the office of the City Recorder and are hereby ratified and declared adopted. 2.64.020 Reselling lots prohibited. No cemetery lots of eemetwies und9F the GeR#0' of the Gity, eF heFeafteF ewned by individuals, she!' be reseld te any other individuals. Any ef said lets may be-FeselA 4- t'-ie G.6, at a Wlee equal 'We fiv�e A-11— than the eFiginal puFehase PFiee paid- fOF said 'at by said individual sold;fly the qty after February , 1�5 shalt fie ss��nstl far transferred by he uraliaser ttY anyone except to tt�e cam= who mayccpt such asstgr�mnt ar transfer �n its:sale diseret�on:. 2 64 030 Reoairinq structures--Consent required. No repairs to improvements or structures on lots in any cemetery controlled by the City, aside from repairs to monuments shall be permitted without the written consent of,xhe Superintendent of ernetery Suoermtendenf. 2 64.040 Curbing prohibited. The building or repairing of any curbing surrounding any lot or group of lots in any cemetery controlled by the City is hereby expressly prohibited, it being the ultimate object of the City to eliminate such curbing, which is a detriment and obstruction to the proper care of the various plots. 2.64.050 Lots--Prices. The prices for lots sold and services rendered shall be established by resolution of the City Council. 2.64.060 Lots--Deed--Procedure. All deeds for cemetery lots or grave spaces in cemeteries controlled by the City shall be signed by the City Recorder for and on behalf of the City, and issued upon payment of the proper consideration therefer without any further authority. 2.64.070 Lots--Deed--Form. The following shall constitute the form of deed to be issued by the City to the purchaser of grave spaces in City cemeteries: "CEMETERY DEED TWs4 d ,tuF „tfle set.", thc! the City of Ashland, the State of-Oregon, for and In onsideration of t,hesutm,-ef-$ ta4-paid es hereby gFant, bwgaO�se1l and-conveys unto in is°deed Grnto whether stngulr of plurl subject to I+a�iiatie+as and conditionsa ; set forth.kal4 , the following described grave space dr Spc65 in the Cemetery of the City of Ashland, PAGE 2-ANNOTATED ORDINANCE FOR FIRST READING (P:ord\cemetery.ena) Jackson County, Oregon,to wit: Space , Block Section as the same is designated, numbered and described on the official plat on file with the City Recorder of the City of Ashland, Jackson County, Oregon. CONDITIONS Ms 'i ±;eanaemJS°;'subject the f?Ilrw�ng arrct�ans 1. No transfer of the rave space pp.spaces may be made to anyone except the City of Ashland at a pFiee rd by the- gFa n` who tTtay accept suct3 ass�gnrrt nt ar transfer to:its salt & ret1Qft. 2. No curbing enclosing the grave space, or groups-of grave spaces, shall ever be constructed, and any other improvements to the space he,eineeR9eyed must be with the GeRsent Shalt nqt be macf Unle$5 G inSente l to In WP: xxg by the Cemetery Supenntentlent. 3. Only ground level plaques will be permitted.."..! sections 36 through 21I of the: Mauntarrt Ufew Cemeiely, and no monuments, cement work or construction of any character will be permitted on the traet herein eenveyedo,grave Space or spaees_[rr tfese_sect'ions. 4. That R o grave en said tract shall be dug except by the City of Ashland through its regularly constituted employees. 5. That the grantee ----------------------------- �rantea, and Grantee's. representatives; and heirs, by the acceptance of this deed, '^a s h2reby agree to comply with any and all of the rules and regulations governing the conduct and operation of said-thr'S"cemeteries which may be imposed by the City of Ashland. AGREEMENT BY CITY FOR PERPETUAL UPKEEP The City of Ashland, inconsideration of the payment above mentioned, and the acceptance of the above conditions by the Grantee, dees heFeby agrees, to "Q"b er etuall in a neat and maintain the space RGe5+�eFeby eaFtveYed p p Y orderly condition, and at its own expense and to properly and scare for wi SUGh ace"ar spaces. No contributions or additional payments shall ever be required by the City of PAGE 3-ANNOTATED ORDINANCE FOR FIRST READING.(v:o,d\cemetery.anoj B:' Ashland from the gGrantee herein. e)(eeuted by its Gity mated City of Ashland By City Recorder (This deed at the time of its issuance has beeR duly FeeeFded iR V016 - OR 2.64.080 Grave depth. All graves dug in any cemetery under the control of the City must be excavated to a depth of not less than four 0)-feet, and no grave digging shall be permitted unless the same be done by the properly constituted employees of the City. 2.64.090 Fees. All fees which are to be collected in connection with the operation of the said--cemeteries must be paid to the City Finance Department. 2.64.100 Lots-Improvement-Consent required. No improvements or construction, including the setting of stones, shall be made upon any lot,in any cemetery controlled by the City unless such improvements have been approved, by written consent, by the .. ernetery Superin#e' �d . Witten Consent by the Ceter Superin#endent shall tnciuda a requirCmerrt tYtat perpetual care be purchases fpr the lot where the Storie >s to t>e set, if SUCK Care cues not already 2xist ! y deed yr otFter written document' 2.68.110 Records. The City Recorder is hereby autherized and diFeete Shtaif,maintain: A. The record and index of all deeds covering cemetery tots which have been, or may hereafter be, issued, which index shall be designated as the "Cemetery Deed Records'; B. An ownership plat of each cemetery under the control of the City, on which shall be kept up to date, the names of the owners of all burial plots theretofore, or hereafter, sold by the City. The City Recorder is further directed to maintain, as far as practicable, a record of the addresses of the owners of the various plots. 2.64.120 Perpetual upkeep. Every owner of a lot in a cemetery controlled by the City, which lot has been hereteferepurchased.wit Tout a`.rtght MMMa(care i3y heM, has the right and privilege to secure a perpetual upkeep agreement with the City, covering such lot so purchased by paying an additional sum equivalent to fifteen, sat;by CestSlutien o the V:Council, PAGE 4-ANNOTATED ORDINANCE FOR FIRST READING (p:ord\cemetery.eno) whether the same be actually used or not. The form of agreement under which the City shall contract for such perpetual upkeep under the provisions of this section shall be substantially as set forth in the "conditions" of the cemetery deed mentioned in Section 2.64.070. 2.64.130 Trust fund. T-heFe is heFeby fuFtheF eFe ed ^ A trust fund as created to be known as "Cemetery Trust Fund" into which fund shall be deposited sixty percent (60%) of all sums received from sale of burial plots or grave spaces, and sixty percent (6996) of all sums received from owners of lots already sold who desire to secure a contract for the perpetual upkeep thereof, and one hundred percent (18836)of all bequests and donations, and all other sums which are required to be set aside under the provisions of Section 1 of Article XVIII of the City Charter, the monies in said-this fund to be kept properly invested, and the income therefrom to be used for the maintenance and upkeep of cemeteries held by or under control of the City. The forty percent (40%) withheld from the purchase price of grave spaces and from sale of perpetual upkeep agreements, shall likewise be used for maintenance and upkeep of said tE;t�cemeteries. a 2.64.140 Authorization to inter remains. A.—The Cemetery Department may inter remains of a decedent without liability therefor upon receipt of a Disposal Tfansit rm ��;rt Peit- ifiG atM �l M. signed by a registrar authorized by the Department of Health of the State of'* 6' n, or from an official duly authorized by another state or foreign country to. authorize burial of human remains, and either; B- Receipt of a written authorization from the following persons in the following order of preference: 1. The decedent, in ' e`decedent's' ifetime or from the decedent's: papers after death, 2. The surviving spouse, 3. A surviving child or adopted child over the age of 18 years, 4. A surviving parent or adoptive parent, 5. A next of kin, or 6. Any other person who has acquired the right to control disposition of the remains; or G Instructions from a mortician or funeral director licensed by the State of Oregon or by another state or a foreign country. 2.64.160 Ground burials and interments in crypts. A.Burials in the ground must be in liners sold by the City of Ashland Cemetery Department D:i S;Ipr, except that burials in steel vaults acceptable to the Cemetery Superintendent are also permissible. B. 'interment in crypts must be in caskets;except that burials 'R steel vaults aG68ptable te',or father suitable container approved by the PAGE 5-ANNOTATED ORDINANCE FOR FIRST READING (P:ordlaemetery.ena) Cemetery Superintendent are else peFfflissirI94e. 2.64.170 Cremains burial and interments in niches. The following regulations apply to burials of cremains in urn gardens or interments in niches: A. Burials of cremains in glass-front niches must be in vases or urns acceptable to the Cemetery Superintendent. B. All other burials of cremains in urn gardens, or interment in niches, must be in containers acceptable to the Cemetery Superintendent. fWFM B. if the ereFna*ns are te be shipped, the peFSeA Fequesting shipment FmAst JrlJ.11 4 1 Vl lllll to Deliver VI VIIIUlV41Remains. , the eremaens. G. The Gemetery Superintendent, I May n request Fe• n .d.'eh .-lens net i nee. th.. ..:lei a outlined 'n th s GhapteF ef the Ashland Municipal Gede eF in applicable sections ef the laws Of the III4y IV�V Vl 411'7 Vl.1UVJt.1 State of 9regen, 2.64.190 Markers and name plates. All markers must conform to existing sizes and patterns. All markers, except those in areas designated by the Cemetery Superintendent as allowable for upright markers, must be flush with the ground. 2.64.200 Disinterments. The remains of a deceased person interred in a plot in a cemetery may be removed therefrom with the consent of the Cemetery Superintendent and written consent of the person who has the right to control the disposition of the remains of the deceased person. If the consent of any such person cannot be obtained, permission by the Board of County Commissioners of ttie '' }£SC1F6'County where the eeFneteFy is situated shall be sufficient. Notice of application to the eouint-board ref eounfj+ oorrimissioners:for such permission must be given at least sixty-{60} days prior to the proposed date of disinterment, personally or by mail, to the meter? upenntndgnt, to the person not consenting and to every other person or authority on whom service of notice is required by the board of county commissioners. This section does not apply to the disinterment of remains upon order of 6'tourt or coroner. 2.64.210 Artificial flowers. No artificial flowers are permitted EIUFiAg the lawn seasea'#Egrn M�rcYa � thrptlgh �Jav�mbeC����af eaah Year. PAGE 6-ANNOTATED ORDINANCE FOR FIRST READING IP:ordlcemetery.eno) G