HomeMy WebLinkAbout2007-0627 Special Meeting Packet
CITY OF
ASHLAND
may orally address the Council on non-agenda items during the pubr
unci I on any item on the Agenda, unless it is the subject of a public
eanngs, there is ute right to orally address the Council on an age
a allow however, public meetin aw guarantees 0
the Speaker form located ne e
yo. the amount me allotted to you, if any.
er discussion, the number of people who wish to be
Any citizen may submit
the record is closed.
em. Time permitting, the
, not public
Council Chambers.
granted will be dependent to
, and the length ofthe agenda.
AGENDA FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
June 27, 2007
Civic Center Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC HEARINGS (Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC
~2.04.040})
1. Public Hearing on a Resolution Adopting a Supplemental Budget Establishing
Appropriations within the 2006-2007 Budget
V. UNFINISHED BUSINESS
1. Reading of a Resolution titled, "A Resolution of the City of Ashland, Jackson County,
Oregon, Calling a Special Election to Submit to the Voters a Funding Initiative to
Levy up to $.58 per $1000 Assessed Property Value for the Purpose of Operating the
Ashland Public Library for a Period of Two Years"
Selection of Facilitator for Council Goal Setting
Mt. Ash an eam
Discussion requested by Councilor Chapman on Next Steps for Mt. Ashland Matters
VI. NEW AND MISCELLANEOUS BUSINESS
None
VII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Reading of a Resolution titled, "A Resolution Adopting a Supplemental Budget
Establishing Appropriations within the 2006-2007 Budget"
2. Reading of a Resolution titled, "A Resolution Transferring Appropriations Within the
2006-2007 Budget"
VIII. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
CITY OF
ASHLAND
Council Communication
A Public Hearing on a Resolution Adopting a Supplemental Budget
Establishing Appropriations Within the 2006-2007 Budget
Meeting Date: June 27, 2007
Department: Administrative Servic s
Contributing Depts: NA
Approval: Martha Benne
Primary Staff Contact: Lee Tuneberg t-rJ
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: N/A
E-mail:
Estimated Time: 10 Minutes
Statement:
A public hearing and resolution is needed to adjust the FY 2005-2006 Budget and keep the City in
compliance with Oregon Budget Law.
Background:
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This is the
simplest budget change allowed under Oregon Budget law. This does not increase the
overall budget. This is approved by a City Council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an individual fund
follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a longer
process. This process includes a notice in the paper and a public hearing.
A supplemental budget (Item #3 above) is needed to adjust the FY 2006-2007 budget. The City's
Accounting practice is to transfer interest earnings from the Cemetery Trust Fund to the General Fund
to assist in funding the Public Works - Cemetery Division operations.
This is the first supplemental budget request for FY 2006-07.
Attached is a resolution for your approval. The recommended changes in the budget are explained
after each request.
Council Options:
Council may accept this supplemental budget request as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends approval of the attached resolution.
Attachments:
Notice of Supplemental Budget
Resolution adopting a supplemental budget establishing appropriations within the 2006-2007 budget
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Notice of Supplemental Budget
A Public Hearing will be held for a proposed supplemental budget for the City of Ashland, Jackson
County, State of Oregon, for the fiscal year July 1, 2006 to June 30, 2007 will be considered at the
Civic Center, 1175 East Main Street, Ashland, Oregon as part of the City's regular business on June
27,2007, at 7:00 p..m. A copy of the supplemental budget document may be inspected or obtained on
or after June 21, 2007 at the Administrative Services Department, 20 East Main, Ashland, Oregon
97520 between 8:30 a.m. and 4:30 p.m.
A summary of the supplemental budget is presented below.
CEMETERY FUND
Interest on Investment
Transfer Out
Resources
$ 12,000
Requirements
$ 12,000
TOTAL
$
12,000 $
12,000
To recognize higher interest earned in the Cemetery Trust Fund than budgeted. The City of Ashland's
Charter and Municipal Code require interest earned to be transferred to the General Fund for cemetery
operations.
TOTAL ALL FUNDS
$
12,000 $
12,000
RESOLUTION NO. 2007-
A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET ESTABLISHING
APPROPRIATIONS WITHIN THE 2006-2007 BUDGET
Recitals:
ORS 294.480 permits the governing body of a municipal corporation to make a
supplemental budget for the fiscal year for which the regular budget has been prepared under one
or more of the following reasons:
a. An occurrence or condition which had not been ascertained at the time of the
preparation of a budget for the current year which requires a change in financial
planning.
b. A pressing necessity which was not foreseen at the time of the preparation of the
budget for the current year which requires prompt action.
c. Funds were made available by another unit of federal, state or local government and
the availability of such funds could not have been ascertained at the time of the
preparation of the budget for the current year.
d. Other reasons identified per the statutes.
THE CITY OF ASHLAND RESOL YES AS FOLLOWS:
SECTION 1.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to adopt a
supplemental budget, establishing appropriations as follows:
Cemetery Trust Fund
Appropriation: Transfer Out
Resource: Interest on Investment
$12,000
$12,000
To recognize higher interest earned in the Cemetery Trust Fund than budgeted, the City of
Ashland's accounting practices require interest earned to be transferred to the General Fund for
cemetery operations.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly PASSED and ADOPTED this day of June, 2007:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2007:
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
foft~
CITY OF
ASHLAND
Council Communication
A Resolution Transferring Appropriations for FY 2006-07
Meeting Date:
Department:
Contributing Depts:
Approval:
June 27, 2007
Administrative Services
N/A
Martha Bennett
Primary Staff Contact: Lee Tuneberg
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: N/A
Estimated Time: 10 Minutes
Statement:
This resolution changes the FY 2006-07 Budget and keeps the City in compliance with Oregon
Budget Law.
Background:
Adjusts the FY 2006-07 budget for unforeseen events including:
A. Design costs for Fire Station #2 absorbed in the Fire Department budget within the
General Fund.
B. A $5,000 reallocation from FY 2005-06 for Economic and Cultural Development Grants.
C. Higher than anticipated costs in Storm Water SDC's.
D. Higher than anticipated salary costs for elected official and related benefits and for
Materials & Services for increased election costs.
E. Higher than anticipated costs in Water Improvement SDC's.
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This
is the simplest budget change allowed under Oregon Budget law. This does not
increase the overall budget. This is approved by a City council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an
individual fund follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a
longer process. This process includes a notice in the paper and a public hearing.
The first type of budget change is necessary. Attached is a resolution for your approval. The
recommended changes in the budget are explained after each request.
This is the third transfer request for FY 2006-07.
1
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Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
Staff Recommendation:
Staff recommends acceptance of this request and adoption of the attached resolution.
Attachments:
A Resolution transferring appropriations within the 2006-2007 Budget
2
CITY OF
ASHLAND
Council Communication
A Resolution Transferring Appropriations for FY 2006-07
Meeting Date:
Department:
Contributing Depts:
Approval:
June 27, 2007
Administrative servic~
N/A 11
Martha Ben:;t^,\
Primary Staff Contact: Lee Tuneberg pit :A
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: N/A
Estimated Time: 10 Minutes
Statement:
This resolution changes the FY 2006-07 Budget and keeps the City in compliance with Oregon
Budget Law.
Background:
Adjusts the FY 2006-07 budget for unforeseen events including:
A. Design costs for Fire Station #2 absorbed in the Fire Department budget within the
General Fund.
B. A $5,000 reallocation from FY 2005-06 for Economic and Cultural Development Grants.
C. High than anticipated costs in Storm Water SDC's.
D. Higher than anticipated costs in Water Improvement SDC's.
There are three ways in which to change appropriations after the Budget is adopted.
1. A transfer of appropriations decreases an appropriation and increases another. This
is the simplest budget change allowed under Oregon Budget law. This does not
increase the overall budget. This is approved by a City council resolution.
2. A supplemental budget of less than 10 percent of total appropriations within an
individual fund follows a process similar to the transfer of appropriations.
3. A supplemental budget in excess of 10 percent of total appropriations requires a
longer process. This process includes a notice in the paper and a public hearing.
The first type of budget change is necessary. Attached is a resolution for your approval. The
recommended changes in the budget are explained after each request.
This is the third transfer request for FY 2006-07.
Council Options:
Council may accept this transfer of appropriations as presented, recommend modifications as
discussed or defer acceptance (takes no action) awaiting further information or clarification.
rj.'
Staff Recommendation:
Staff recommends acceptance of this request and adoption of the attached resolution.
Attachments:
A Resolution transferring appropriations within the 2006-2007 Budget
2
RESOLUTION NO. 2007-
A RESOLUTION TRANSFERRING APPROPRIATIONS
WITHIN THE 2006-2007 BUDGET
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
Because of the circumstances stated below, the Mayor and City Council
of the City of Ashland determine that it is necessary to transfer
appropriations as follows:
General Fund
To: Fire Operations-Capital Outlay
From: General Fund- Contingency
$38,000
$38,000
To Transfer appropriations from General Fund Contingency to Fire Operations Capital
Outlay. This is necessary due to design costs for Fire Station #2 being absorbed in the
Fire Department budget in the General Fund.
To:
From:
Economic and Cultural Grants
General Fund- Contingency
$5,000
$5,000
To Transfer appropriations from General Fund Contingency to Economic and Cultural
Development Grants. This is necessary due to $5,000 reallocation from FY 2005-06.
Street Fund
To: Street-Storm Water SDC's
From: Street Fund- Contingency
$10,000
$10,000
To Transfer appropriations from Street Fund Contingency to Street Fund, Storm Water
SDC's. This is necessary to cover higher Storm Water SDC's than anticipated.
Water Fund
To: Water-Improvement SDC's
From: Water Fund - Contingency
$31,000
$31,000
To Transfer appropriations from Water Fund Contingency to Water Fund, Improvement
SDC's. This is necessary to cover higher Water SDC's than anticipated.
SECTION 2. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly PASSED and ADOPTED this _ day of June, 2007:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of June, 2007:
John W. Morrison, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
Council Communication
CITY OF
ASHLAND
Draft Ballot Measure Interim Funding for Ashland Public Library
Meeting Date:
Department:
Contributing
Approval:
June 27, 2007
A ministration
ments: Legal
Primary Staff Contact: Martha Bennett
bennettm@ashland.oLus,
Ann Seltzer ann@ashland.or.us ~
Secondary Staff Contact:
Richard Appicello appicelr@ashland.or.us
Estimated Ti
Statement:
The City of Ashland will place a measure on the September 18, 2007 ballot asking voters to approve a local
option levy of up to $.58 per $1000 assessed property value as interim funding to operate the Ashland Public
Library for two years. Passage of the levy requires a 50% voter turnout and is expected to generate
approximately $1.032 million per year. The County has estimated that to operate the Ashland library and
provide basic services will require $1.005 million.
The final ballot language must be received by the City Recorder on July 6, published in Ashland no later than
July 12 and submitted to the county no later than July 19. Note: Citizens wishing to submit arguments for
inclusion in the voter's pamphlet either in favor or opposition ofthe measure should contact the County
Elections Office for information on deadlines, word limitations, and fees.
Staff Recommendation:
Review the draft ballot measure language and approve as written or provide direction to staff for changes. Final
approval must occur at tonight's meeting; there will not be another council meeting prior to the deadline to
publish the ballot.
Background:
On May 17,2007 a local option tax levy of$.66 per $1000 assessed property value for Jackson County Library
operations was defeated by voters county-wide though in Ashland the initiative passed by 70%.
The City believes that a county-wide regional library system provides a higher quality service for Ashland and
Jackson County and will continue to work towards a county-wide funding solution. The proposed local option
tax levy is for a two year period allowing time for the City to work with the County and other jurisdictions to
identify alternative funding options.
The City and the County must develop a mutually acceptable intergovernmental agreement (IGA) detailing the
contractual services the City desires and which the County will provide to operate the Ashland Public Library.
The IGA must be approved by the Jackson County Commissioners and the Ashland City Council.
Initial conversations with the County indicate it could operate the Ashland Public Library for approximately
$1.005 million per year and would include, at a minimum, the following base services:
. Operating hours of 40 hours per week with professional staff.
. Existing public terminals for internet access.
. Previous newspaper and magazine subscriptions.
. Access to materials currently in the Ashland library.
. 400 new books per year
Library user fees collected from non-Ashland residents and levy funds not needed for base services may be used
to offset additional services such as:
I
. $40,000 to access the central library collection
. $40,000 for an additional clerk in anticipation of increase workload
. $150,000 for new materials
. Additional Internet workstations
Council Options:
. Identify changes to the attached draft ballot measure and direct staff to make changes.
. Approve the attached ballot measure.
Next Steps:
· During July and August staffwill work with Jackson County staff to develop a mutually acceptable
intergovernmental agreement (IGA) detailing the contractual services the City desires and the County
will provide to operate the Ashland Public Library. The IGA must be approved by the Jackson County
Commissioners and the Ashland City Council.
· Staff recommends the Council create a committee to work with other jurisdictions to identify possible
long term county-wide funding options.
. Council should discuss campaign strategies to ensure voter turnout and passage of the levy.
Attachments:
. Draft Ballot Measure Language (reflects council input from June 18 study session)
. Resolution calling for a special election to submit to the voters a funding initiative to levy up to $.58 per
$1000 assessed property value for the purpose of operating the Ashland Public Library for a period of
two years.
. List of comments and suggestions from citizens
Ballot Timeline:
. June 27
. July 6
. July 12
. July 18
. September 18
Approve final ballot measure language
City Recorder submits to newspaper for publishing
Last date to publish language
Deadline to submit measure to the County
Election
IGA Timeline:
. July
. Mid August
. Late August
. Early September
. Mid -late September
. October 1
Begin work with county staff to draft IGA
Finalize DRAFT IGA
Seek Council input and County Commission approval
Final IGA approval by Council and County Commission
Begin implementation ofIGA and prepare library for opening
Open Ashland Public Library
2
DRAFT
City of Ashland, Ballot Measure, September 18
Interim Funding Ashland Public Library
Caption:
Local Option Tax Levy Interim Funding for Ashland Public Library
Total 10 words (10 words permitted per ORS 250.035)
Question:
Shall Ashland levy up to $.58 per $1,000 assessed value for two years beginning July 1,2007 for
library operations?
Total 20 words (20 words permitted per ORS 250.03520)
Summary:
This measure may be passed only at an election with at least a 50 percent voter turnout. (Required
language per ORS 240.036 and not counted towards overall word count.) This tax levy is an
interim funding solution to operate the Ashland branch public library for no more than two years.
The levy will cost up to $.58 per $1,000 of assessed property value in Ashland and is expected to
generate $1.032 million annually. The financial impact on an Ashland household with an
assessed property value of $250,000 would be approximately $145 per year. The funds levied
can only be used for the library and cannot be converted to other City services. The tax would
not be levied if other funding is found for the library.
The City will contract with the County to operate the Ashland library and will include, at a
minimum, the following base services:
. Open 40 hours per week with professional staff.
. Existing public terminals for internet access.
. Previous newspaper and magazine subscriptions.
. Access to materials currently in the Ashland library.
. 400 new books per year.
Total 155 words (175 words permitted per ORS 250.035)
Explanatory Statement:
Passage of this levy will operate the Ashland public library at base service levels described above
for a maximum of two years. It is intended to be a temporary measure to keep the Ashland
library open until a permanent solution is developed to pay for county libraries. If the measure
passes the library will likely open in October ofthis year. The City will contract with Jackson
County to operate the library in Ashland.
Library user fees collected from non-Ashland residents and levy funds not needed for base
services may be used to offset additional services such as:
. Access to the Central Library collection.
. New materials.
. An additional clerk.
. Additional Internet workstations.
1
What we know:
· More than 20,000 library cards were issued and active through the Ashland Public
Library prior to closure.
· Library use in Ashland constituted 20% of library use in the County.
· Previous staffing levels and hours of operation were considered minimal.
· This two year levy will apply to property taxes collected in November of 2007 and in
November of2008. The use of the taxes will expire in June of 2009.
What we don't know:
· The number of non-Ashland users who will visit the Ashland library since it may be the
first or only open library in Jackson County.
. Whether the library staff in Ashland will be the same as the previous staff.
What's next?
The City will continue to advocate for a county-wide library system and actively participate on
study groups with other communities in Jackson County to identify library funding options.
These options might include, but are not limited to, forming a special library district (by law
special districts can only be formed during even numbered years), or implementing an income
tax.
How much will it cost me?
To determine how much your household will pay in additional taxes, refer to your property tax
statement issued by the county and find your tax assessed property value. (Your tax assessed
value will be significantly lower that your market assessed value.) If your property is assessed at
$250,000, multiply 250 by $.58. You would pay an additional $145 in property tax in November
of 2007 and 2008.
Results of a 'No" Vote
If this local option levy does not pass, the Ashland public library will remain closed until an
alternative funding solution is developed.
Tota/398 words (500 words permitted per ORS 246.150,251.305 & 251.325 500)
2
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON,
CALLING A SPECIAL ELECTION TO SUBMIT TO THE VOTERS A FUNDING
INITIATIVE TO LEVY UP TO $.58 PER $1000 ASSESSED PROPERTY VALUE FOR
THE PURPOSE OF OPERATING THE ASHLAND PUBLIC LIBRARY FOR A PERIOD
OF TWO YEARS.
RECITALS:
A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has
determined that there is a need to finance the cost of operating the Ashland Public
Library for a period of two years.
B. Costs are estimated to be $1,005,000 per year for basic library services including
operating hours of 40 hours per week with professional staff, existing public terminals
for internet access, previous newspaper and magazine subscriptions, access to
materials currently in the Ashland library, 400 new books per year plus additional
services if funds permit.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. A special election is called for the purpose of submitting to the qualified
voters of the City the question of levying up to $.58 per $1000 assessed property value
for the purpose of operating the Ashland Public Library for a period of two years.
SECTION 2. The special election called shall be held in the City on September 18,
2007, in accordance with Oregon law.
SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of
Jackson County, Oregon, the attached Ballot Measure Notice, not later than 61 days
prior to the election. The Election Officer is requested to give the electorate of the City
notice that the election shall be conducted by mail pursuant to Oregon law; and
SECTION 4. The City Recorder shall give notice of the election as provided in the laws
of the State of Oregon and the charter and ordinances of the City of Ashland.
SECTION 5. The City Attorney is authorized to alter the text of the ballot to comply with
any rules, procedures or practices of the Elections Officer of Jackson County to
implement the requirements of Oregon law.
The foregoing resolution was READ and DULY ADOPTED at a special meeting of the
City Council of the City of Ashland on June 27,2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2007.
John W. Morrison, Mayor
June 27,2007
The following are suggestions and comments, submitted by Amy Blossom on behalf
of library supporters, regarding the DRAFT Ballot Measure Language
Add to the Summary Statement
The City will contract with Jackson County to operate the library in Ashland at a level
that addresses the needs of the community and meets public library standards as adopted
by the Oregon Library Association.
(We do very well with the OLA standards except 40 hours open is the very base
minimum standard for a population our size, so this ensures at least 40 hours. This also
serves to get rid of the list of things the library provides. The list is partial and
incomplete, possibly limiting, and definitely confusing. But mostly it ensures a
professional standard of service. The same sentence is in the explanatory statement.).
Add to Base Services
. Online Catalog access (SOLIS)
. Online databases
Explanatorv Statement
Convert what we don't get from the county to positives that will be provided by Ashland
staff, i.e. children, teen and adult programming and reference service.
(This is one opinion, others feel leave it as it is necessary to spell out the differences for
information's sake)
Include mention of the mechanism by which citizens will have input to decisions re
hours, staffing, materials, etc. be included in the ballot language, and that the more
specific and concrete it is, the greater it will enhance the measure's likelihood of passage.
i.e. A Citizen's Advisory Committee
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DRAFT
City of Ashland, Ballot Measure, September 18
Interim Funding Ashland Public Library
Caption:
Local Option Tax Levy Interim Funding for Ashland Public Library
Total 10 words (10 words permitted per ORS 250.035)
Question:
Shall Ashland levy up to $.58 per $1,000 assessed value for two years beginning July 1, 2007 for
library operations?
Total 20 words (20 words permitted per ORS 250.03520)
Summary:
This measure may be passed only at an election with at least a 50 percent voter turnout. (Required
language per ORS 240.036 and not counted towards overall word count.) This tax levy is an
interim funding solution to operate the Ashland branch public library for no more than two years.
Up to .58 cents per $1,000 of assessed property value may be levied if this measure passes. This
levy is expected to generate $1.032 million annually. The average assessed value for a single
family home in Ashland is approximately $207,000, and this household would pay $120 per year
ifthis measure passes.
Funds generated under this levy will only be used to provide library services. The City will not
levy this tax if Jackson County rec~i"g0 fetl@ral f'lRdiRg fur tb'i' libt:ar~ ~~..~ '111(. t (V'~",.
To open the Ashland library, the City of Ashland and Jackson county~otiate_
an intergovernmental agreement.
Library services in Ashland will include the following, at a minimum:
. 40 open hours per week with professional staff.
. Existing public terminals for internet access.
. Newspaper and magazine subscriptions.
. Access to materials currently in the Ashland library.
. 400 new books per year.
. Children's programs and reference services.
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Total 173 words (175 words permitted per ORS 250.035)
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Explanatory Statement:
Passage ofthis levy will operate the Ashland public library for a maximum of two years. It is a
stop gap measure to keep the Ashland library open until a ~ermanent funding solution is
developed to funrl COllnt)'.libr:lries... Ifthe measure passes the library will likely open in October
of'th'is year.
\
To open the Ashland library, the City of Ashland and Jackson County must negotiate and approve
an intergovernmental agreement.
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Library services in Ashland will include the following, at a minimum:
. 40 open hours per week with professional staff.
. Existing public terminals for internet access.
. Newspaper and magazine subscriptions.
. Access to materials currently in the Ashland library.
. 400 new books per year.
. Children's programs and reference services.
The City intends to charge a fee for non-residents to obtain a library card. These fees and any
levy funds not needed for base services may be used to offset additional services such as:
. Access to the Central Library collection.
. New materials.
. Additional staffing as needed to support increased use.
. Additional Internet workstations and other equipment needed to support additional use
What's next?
The City will continue to advocate for a county-wide library system and actively participate on
study groups with other communities in Jackson County to identify library funding options.
These options might include, but are not limited to, forming a special library district (by law
special districts can only be formed during even numbered years), or implementing an income
tax.
How much will it cost me?
To determine how much your household will pay in additional taxes, refer to your property tax
statement issued by the county and find your tax assessed property value. (Your tax assessed
value will be significantly lower that your market assessed value.) The average assessed value
for a single family residence in Ashland is approximately $207,000. The additional property tax
paid by the "average" household would be $ 120 per year (207 times 58 cents).
Results ofa 'No" Vote
Ifthis local option levy does not pass, the Ashland public library will remain closed until an
alternative funding solution is developed.
Total 351 words (500 words permitted per ORS 246.150,251.305 & 251.325 500)
2
FOR THE MT. ASHLAND
DISCUSSIONS PLEASE
REFER TO COUNCIL
COMMUNICA TION AND
ATTACHMENTS FROM
THE JUNE 19 COUNCIL
MEETING.
CITY OF
ASHLAND
Council Memorandum
Mt Ashland QA/QC Team and Advisory Group
Meeting Date June 19, 2007
Department: Administration
Contributing Departments: Public Works
Approval Martha Bennett
Primary Staff Contact:
E-mail
Secondary Staff Contact:
E-mail
Estimated Time:
Martha Bennett
bennettm@ashland.or.us
Paula Brown
brownp@ashland.or.us
30 minutes
Statement:
As discussed at your September 6, 2006 study session and your September 19, 2006 Council meeting, this item
briefs recommendations for the formation of the OA/OC Advisory Group and the options and recommendation for
the OA/OC T earn.
Staff Recommendations from September 19, 2006:
1. Council form and appoint members to the OA/OC Advisory Group
2. Council direct the Advisory Group to develop the "authority, duties and responsibilities"
-J. Council direct staff to move forward with the selected option for selecting the QA/QC Team - status.
staff has moved forward with the development of the Request for Proposals (RFP) (attached) and is
ready to release
4. Council direct the OA/OC Advisory Group to work with staff to further develop the option and select the
OA/OC T earn based on direction from No.3 above
5. Council direct staff to bring forward an agreement with MAA for the OA/OA Team as defined in No.2 above
Note - only item 3 is complete at this time and is awaiting Council direction to release the RFP
Background:
During the September 6,2006 Study Session and again at the September 19, 2006 Council meeting, staff clarified
the OA/OC concept and asked for clarification for the formation of the actual technical Team and the oversight
through the Advisory Group. The OA/OC concept will help Council manage the risk and uncertainty with the ski
area expansion, and provide additional quality controls to specifically protect the water quality and quantity of the
watershed through the construction process. The focus of the OA/OC Team will be to assess the construction
processes of the expansion and assure the processes outlined will meet the objectives, and to ensure the controls
are in place to evaluate and change the conditions to meet the objectives. The goal is to better define the
partnership and bridge the gap between the City and MAA to develop trust in the construction process.
There has not been further development of the OAlOC Advisory Group and that process was discussed with
some limitations during mediation.
Staff felt that we received adequate direction to move forward with the OA/OC Team membership and the RFP
development. The RFP is complete pending Council direction to release the document.
Discussion: See attached
Council MEMO re QA QC Advisory Group 19Jun07
Page 1 of 2
Related City Policies:
City of Ashland Lease with Mt Ashland Association
City of Ashland / USFS SUP
Council Options:
Staff needs the Council's direction for the formation of the OA/OC Advisory Group.
Additional staff recommendations have been provided throughout previous Council Communications and can be
further discussed at the meeting.
As always, council has the option to direct staff to either stop work on this process or bring a different concept
back to council for further discussion.
Attachments:
1. Council Communication and attachments from September 19, 2006, and meeting minutes
2. Council Communication and attachments from the September 6, 2006 Study Session, and meeting
minutes
3. Request for Proposals; ONOA Team for the Mount Ashland Expansion Project
Council MEMO re OA OC Advisory Group 19Jun07
Page 2 of 2
CITY OF
ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
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PRO] ECT NO.:
2007-7?
TYPE OF PROPOSAL: PROFESSIONAL SERVICES
PROPOSAL DUE DATE:
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TO RECEIVE A PROPOSAL CONTACT: Dawn Lamb, Administrative Assistant
20 EAST MAIN STREET
ASHLAND OR 97520
541/488-5587
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TABLE OF CONTENTS
Advertisement
...................................................................................
Concept
Background
Work Description
.........................................................................................
......................................................................................
...........................................................................................................
Scope of Work.................................. ..... ........ ..................... ......................... ...... .......
Description of Consultant's Duties ......................................................................... ...
Additional Consultant Responsibilities .............. ...... .......... ............... ................ .........
City Responsibilities.............. .............. ......... ........ ........................ ...... ......................
Proposal Contents.................... .... ....................... ................. .......... .....................................
Proposal Criteria
.............................................................................................
Proposal Evaluation and Selection ........................................................................................
Contract and Terms ....... ............. ...........................................................................................
Contract ...... ........ ........
.............................................................................................
Contract Term.............
.............................................................................................
Appendix
....................................................................................................................
Sample Contract............. ............ ........ ....... ........... ................... ....... .............
City of Ashland Living Wage Requirement ..................................................
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
QUALITY ASSURANCE I QUALITY CONTROL TEAM
MOUNT ASHLAND EXPANSION PROJECT
The City of Ashland, in partnership with Mount Ashland Association (MAA), requests professional services
proposals from individual members to serve as an independent consultant team to provide additional
quality controls during the Mount Ashland Ski Area expansion construction process. This team will provide
specific oversight to protect the water quality and quantity of the watershed and insure protection of
forest health. This additional oversight will be provided through the hiring of a team of three individuals to
be a part of an integrated, professional, highly qualified Quality Assurance I Quality Control (QA/QC) Team
to provide services that include but are not limited to the following:
1. site meetings, inspections and monitoring
2. review construction plans and work plans prior to implementation
3. develop priorities, processes or specific treatments for construction activities that stress erosion
and sediment stability
4. recommend alternative site specific construction processes or preliminary restoration efforts to
protect wetlands, vegetated slopes and to improve the soils retention on site
5. recommend environmental protection measures for routine and specialized construction activities
----~-
0.- fnspecttonstructlbn and envlronrnenfalcontrol measufes--
7. assist with site specific improvements to overcome adverse environmental impacts and permit
violations
8. provide regular stream monitoring for turbidity impacts as a result of construction erosion and lack
of adequate sediment control
9. monitor erosion treatment areas to ensure the desired effects are happening
10. work directly with the City, MAA and contractors to recommend and require corrective action or
remedial actions to eliminate or significantly reduce and control any negative impacts with respect
to erosion and sediment control
11. conduct post-construction monitoring and recommendations for further remediation
12. develop and deliver written quarterly reports to the City, MAA and USFS.
13. attend council meetings (every other month) or other public meetings (quarterly)
QA/QC Team Authority:
1. Approval authority for implementation and control measures for erosion and sediment movement
prevention.
2. Approval authority for on-site adaptive management to change the implementation process to
improve environmental protection measures with respect to erosion and sediment controls.
3. Approval monitoring locations to better provide data with regard to site specific impacts relating to
erosion and sediment controls.
Proposals must be received by 1:30 PM, July 18, 2007, in the City of Ashland Engineering Office located at
51 Winburn Way, Ashland OR 97520; mailing address: 20 E. Main Street Ashland OR 97520.
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Proposal documents are available at the above address and all proposals must address the RFP format.
Proposals are limited to 8 pages, excluding resumes and notices of transmittal. Consultant selection will be
based upon weighted criteria as cited in this Request for Proposals.
Consultant is required to read the ORS 279 subchapter A and ORS 279 subchapter C. Contractor is also
required to read City of Ashland's Public Contracting rules as found in the Ashland Municipal Code,
Chapter 2.50, "Public Contracts." The City of Ashland reserves the right to reject any and all proposals, to
waive formalities or to accept any proposal, which appears to serve the best interest of the City of Ashland.
To receive a proposal, contact Dawn Lamb, Administrative Assistant at 541/488-5587. For further
information regarding the project expectations, contact Paula C. Brown, Public Works Director / City
Engineer at 541/488-5587.
Paula C. Brown, PE
Public Works Director / City Engineer
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
QUALITY ASSURANCE I QUALITY CONTROL TEAM
MOUNT ASHLAND EXPANSION PROJECT
The City of Ashland, in partnership with Mount Ashland Association (MAA), requests professional services
proposals from individual members to serve as an independent consultant team to provide additional
quality controls during the Mount Ashland Ski Area expansion construction process. This team will provide
specific oversight to protect the water quality and quantity of the watershed and insure protection of
forest health. This additional oversight will be provided through the hiring of a team of three individuals to
be a part of an integrated, professional, highly qualified Quality Assurance I Quality Control (QA/QC) Team.
BACKGROUND
The Mount Ashland Ski Area (MASA) is a winter recreation area on Mt. Ashland in Federal Forest Service
(USFS or FS) lands, within the purview of the Rogue River-Siskiyou National Forest (RR-SNF). The ski
area was constructed in 1963. The City holds a Special Use Permit for the ski area and leases the
operation ofthe ski arealO.~ni;sfllanaAss-ocratioil (MAAr ..---- ----
The City has had a long-standing relationship with the USFS, dating back to the original 1929 agreement.
The City's primary interest is that the drainage basin created by Mt. Ashland serves as the municipal
watershed and is the City's primary source of quality drinking water. Protection of the watershed is
paramount for both the City and the Forest Service. The City has commented on several different
processes regarding the ski area since the 1991 master plan decision to allow expansion within the ski
area's special use permit sector.
On September 13, 2004, the USFS published the Record of Decision (ROD) for the most recent request for
the Mt. Ashland Ski Area Expansion. The Final Environmental Impact Statement (FEIS) was issued
concurrent with the ROD and documents the details of each of the alternatives considered for the
expansion. In accordance with federal regulations, the FE IS is consistent with the National Environmental
Protection Act (NEPA) and Congress' Council on Environmental Quality (CEQ) regulations.
Additional detail can be found in the Final Environmental Impact Statement and Record of Decision from
the US Forest Service, Rogue River - Siskiyou National Forest web site:
http://www.fs.fed.us/r6/rog ue-sis k iyo u/p ro jects/d ec ision/mtas h landsk i/index. sht m I.
QAlQC TEAM CONCEPT
It is the ultimate responsibility of the US Forest Service to enforce the environmental controls in the Record
of Decision (ROD). The City of Ashland and Mount Ashland Association (MAA) desire to ensure there are
additional methods in place to specifically protect the water quality and quantity of the watershed. This
additional oversight and quality controls during the construction process will be provided through the hiring
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of a team of three individuals to be a part of an integrated, professional, highly qualified Ouality Assurance /
Ouality Control (OA/OC) Team.
Industry OA/OC concepts are grounded in the aspect of managing uncertainty and risk. OA/OC ensures
the project has technically sound controls to ensure environmental risk is defined and also has the means
and responsibility to quickly correct potential impacts.
The primary focus of the OA/OC Team will be on overall forest eco-system health as that relates
specifically to erosion and sediment control, mitigation, and restorationJremediation to minimize, if not
eliminate, the negative impact on the water quality or quantity within Reeder Reservoir, the source of the
City's drinking water supply. The OA/OC Team is designed to provide technical expertise in soils and
hydrology as that relates to erosion, sediment and the protection of our water quality and quantity in the
Ashland watershed. The focus would be to assess the processes and assure the processes outlined will
meet the objectives, and to ensure the controls are in place to evaluate and change the conditions to meet
the objectives. The goal is to better define the partnership and bridge the gap between the City and MAA
to develop trust in the construction process.
The OA/OC Team of technical professionals would initially review the construction implementation or
operations plan developed by MAA's construction and design consultants to develop the QA/QC Team's
Specific Work Plan. The work plan would be developed within 20 days of the OA/OC Team development
and would be approved jointly by the City and MAA. The work plan would include specific results expected
from the Team, the process of obtaining those results, a plan for each team member's hours, their
respective responsibilities for each construction task, how the team members will work together, how they
will write performance specifications for the contractor, how they will require work product from the
contractor and how they will report to the City and MAA. Although the actual construction work plan and
construction contractor have not yet been fully identified, the elements are shown below. Additional detail
can be found in the Final Environmental Impact Statement and Record of Decision from the US Forest
Service, Rogue River - Siskiyou National Forest web site
http://www.fs.fed.us/rfi/rogue-siskiyou/pro jects/decision/mtash land ski/i ndex .shtml.
MAA Work Plan Elements
Year One -
Watershed Restoration Projects
Timber Cutting and Removal
YearTwo-
Construction of Falstaff Road and Skiway R-18
C-6 Lift Installation
Construction of Moraine Lodge and Composting Restrooms
Electrical Power to C-6 / Moraine Lodge
Construction of Lower Bridge Crossing
Construction of Limited Parking Expansion
Sonnet Re-grading
Year Three -
Construction of Additional Parking
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QA/QC Team Goals:
1. The primary goal is to identify potential concerns with the construction process and define on-the-
ground solutions to prevent increases to disturbances in water quality and water quantity of the
City's water supply within the Ashland watershed.
2. Insure that construction activities proceed in a timely manner and have minimal or no negative
impact with respect to erosion and sediment control, and that construction equipment and
processes are completed without environmental impacts (spills, etc.).
3. Insure that recommended and required prevention and correction actions are taking place and are
meeting the required effects to protect the water quality and quantity of Reeder Reservoir within the
Ashland watershed. Accurately report the results of the monitoring.
4. Insure that pre-construction, construction, and post-construction impacts are measured to
determine the extent of impacts with respect to erosion and sediment control, and if any corrective
action or remedial actions are necessary.
5. Meet with MAA representatives and make recommendations to eliminate, reduce, and correct
actual and potential negative impacts with respect to erosion and sediment control due to the
construction activities.
6. Report quarterly to the Ashland City Council, Forest Service, and the MAA during the construction
period.
7. Immediate reporting as necessary to identify and rectify construction activities and environmental
protection.
WORK DESCRIPTION
I. Scope Of Work: It is expected that a variety of options will be used to insure overall forest eco-system
health and as that relates specifically to erosion and sediment control, mitigation, and restoration /
remediation to minimize, if not eliminate, the negative impact on the water quality or quantity within
Reeder Reservoir. The overall goal is to insure forest eco-system health and to fully protect the City's
primary source of drinking water within the Ashland Watershed. The selected consultant team will
provide professional services that include, but are not limited to:
A. QA/QC Team Duties and Responsibilities:
1. QA/QC Team's Specific Work Plan: Within the first 20 days after the team's selection, the
OA/OC Team members will collectively develop the OA/OC Team's Specific Work Plan. The work
plan will be approved jointly by the City and MAA. Once submitted, the work plan will be the basis
of decision making for the OA/OC Team prior to formal approval by the City and MAA.
The work plan would include specific results expected from the Team, the process of obtaining
those results, a plan for each team member's hours, their respective responsibilities for each
construction task, how the team members will work together, how they will write performance
specifications for the contractor, how they will require work product from the contractor and how
they will report to the City and MAA.
The desire is to have the OA/QC Team formed prior to any construction activities including the
Year One Watershed Restoration Projects and Timber Cutting and Removal process. As such, the
OA/OC Team would be able to observe and help improve the impacts to the site.
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In addition, the work plan will address the following expectations:
2. Each team member should plan to be available for at least weekly site meetings, and as often as
twice a week for on site discussions and monitoring, especially during the construction period.
Each team member should plan to be available within 24 hour notice to help with emergent
decision making during the construction period so that the construction process is not
unnecessarily delayed.
3. Review construction plans and MAA work plans prior to implementation to assure adequacy of
environmental preservation, erosion, and sedimentation measures (includes the Stormwater
NPDES permit requirements). Ideally, this review should happen during the plan development and
prior to formal agency review so that any recommendations are included in the final submission for
agency review.
4. Develop construction work activity priorities that stress protection of soils to ensure the site is
stable with respect to erosion and sediment concerns prior to actual disturbance.
5. During construction, work with the contractor through adaptive management techniques to make
site specific recommendations for improvements to soil movement resistance and to minimize
water disturbances.
6. Recommend alternative site specific construction processes or preliminary restoration efforts for
overall forest eco-system health to protect wetlands, vegetated slopes and to improve the soils
retention on site.
7. During construction, work with the contractor through adaptive management techniques to make
recommendations to correct site specific construction activities. Monitor, record and photo-
document activities.
8. Recommend environmental protection measures with respect to routine construction activities and
for construction vehicle/equipment fuel or related spills.
9. Inspect construction and environmental control measures to assure compliance with permits and
agreed upon preservation measures. Although the various regulatory agencies have the
responsibility to ensure compliance, the OA/OC Team should embrace the responsibility to provide
advice for corrections and work with the MAA contractor for improvements. Assist with site specific
improvements to overcome permit violations with regard to environmental impacts.
10. Photo-document and monitor East and West Forks of Ashland Creek in various locations upstream
of Reeder Reservoir and at the edges of the ski area expansion for turbidity impacts with respect to
construction impact due to erosion and sediment control. Recommend appropriate locations for
additional or alternate monitoring locations.
11. Monitor other erosion treatment areas to ensure the desired effects of the "cure" are effective and
further suggesUrequire improvements or corrective actions as necessary.
12. Develop long-term monitoring plan that will continue for a minimum of 5 years post-construction to
ensure erosion and sediment control measures have and continue to maintain effectiveness.
13. During the construction periods, attend weekly OAlOC site meetings with the contractor(s). These
meetings may include City and MAA staff.
14. Work directly with the City, MAA and contractors to recommend and require corrective action or
remedial actions to eliminate or significantly reduce and control any negative impacts with respect
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to erosion and sediment control. These recommendations would likely include site specific
treatments and modifications to previously enacted site specific treatments to ensure the best
possible control measures.
15. Develop a process and protocol for post-construction monitoring and recommendations for
remediation to ensure correction to any soil erosion concerns that may have surfaced after
construction and any weathering on site in the expansion areas.
16. Provide information on all recommendations and required measures to the City, MAA and USFS.
17 Develop and deliver written quarterly reports to the City, MAA and USFS.
18. During the construction periods, attend council meetings (every other month) or other public
meetings (quarterly) to advise Council and the community.
B. QA/QC Team Authority:
1. Approval authority on the design of on-the-ground implementation and control measures for overall
forest eco-system health and specifically erosion and sediment movement prevention.
2. Approval authority to change the implementation process for the contractor to improve
environmental protection measures with respect to erosion and sediment controls.
3. Approval authority to change monitoring locations to better provide data with regard to site specific
impacts relating to erosion and sediment controls. ____u
4. Reporting authority related to on-the-ground implementation and control measures with respect to
prevention of erosion and sediment movements.
5. Authority and responsibility to notify City, MAA, and USFS whenever potential permit violations are
evident. (May be duplicative of regulatory responsibilities, but this effort should compliment
corrections to enforcement actions, not enforce permit violations). Assist with site specific
improvements to overcome permit violations with regard to environmental impacts.
6. Authority to immediately alert enforcement agencies (COE, NMFS, DSL, DEO, EPA, etc.) if actual
violations occur. Notification to City, MAA and USFS to occur concurrently. (May be duplicative of
regulatory responsibilities, but this effort should compliment corrections to enforcement actions, not
enforce permit violations). Assist with site specific improvements to overcome permit violations
with regard to environmental impacts.
II. QA/QC Team Composition:
The City and MAA intend on hiring three individuals to become a part of the independent OA/OC Team.
The City and MAA reserves the right to hire one individual or multiple individuals from one or more
consulting firms. If the proposer is submitting individuals as a team, and would not consider individual hires
from the proposed team, the proposer must make that explicitly clear.
A. The OAlOC team should be an integrated yet independent team of 3 persons with individual
technical specialties to coordinate with the City, MAA, and the Forest Service, and provide direction
to the ski area expansion contractor. The OA/OC team should be formed prior to starting any
construction.
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B. The key to a successful QA/QC Team is to ensure the right technical expertise is available to the
team. The technical expertise is necessary for soils, soils stabilization, erosion and erosion
controls, hydrology and water quality.
C. It is the intent to hire three individuals with the best overall qualifications that represent a broad
understanding of more than one area, but specific skills in one or more of the identified follow-on
skill sets. The selection process will identify the qualities of each individual and determine how
those qualities will best fir within the team's overall needs. Individual team members must have had
demonstrated and documented prior work experiences in their requisite specialty field with valid
references to substantiate prior experiences. It is desired not specifically required that the
individuals be experience with ski area expansion and or restoration processes.
D. Individual Member Qualifications:
1. One Team Member with one of more of the following skills and work experience:
~ Forest Hydrology
~ Forest Ecology
~ Forest Engineering
~ Forest Eco-System and Habitat Management
~ Familiarity with the most current forest management practices and US Forest Service policies and
practices
~ Forest Wetlands Mitigation and Impacts
~ Experience with developing and providing environmental monitoring / reporting of management
activities in highly sensitive eco-system sites.
2. One Team Member with one of more of the following skills and work experience:
~ Erosion and Sediment Control, could include CPESC or CPSWQ
~ Soils Bioengineering
~ Soils Stabilization
~ High elevation, erosive/granitic soils
~ Knowledge of the pedology and geomorphology of existing soils within the Ashland Watershed or
extensive experience with the ability to define soil types, relationships and structure relative to soil
erosiveness and soil movement types
~ Environmental Erosion Control Design and Field Applications
~ Experience with the affects of stream channelization, erosion, soil compaction and runoff as it
pertains to erosion and site instability
~ Extensive experience with developing slope stabilization techniques and protocols of steep grantitic
soil sites
~ Experience with impacts due to road construction in steep forested areas and the ability to
minimize negative impacts of necessary road drainage
3. One Team Member with one of more of the following skills and work experience:
~ Hydrology
~ Engineering Hydrology
~ Stream Stability
~ Experience with developing stream monitoring protocols and methodologies
~ Knowledge of impacts to sub-surface stream hydrology and affects of soil piping
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~ Experience with sensitive stream hydrology, source water sustainability and protection of urban
watershed and water supply
~ Watershed Management
III. Description Of Consultant Duties:
A. Understanding the Scope of Work: The consultant team members shall provide a basic
understanding of their intent to follow the scope of work, detailed hourly cost(s) for the services to
be performed, if different elements of work are charged at different rates, this must be specified
clearly, general time frames based upon the understanding as written in the construction work plan,
and any extraordinary issues related to the cost of services.
B. The consultant team members shall research and prepare adequate materials for the project
elements as described in the scope of work.
C. Presentation Materials: The consultant team members shall prepare presentation materials for
various public and informational meetings.
D. Personnel, Materials & Equipment: The consultant team members shall be qualified and competent
personnel and shall furnish all supplies, equipment, tools and incidentals required to accomplish
the work. All materials and supplies shall be of good quality and suitable for the assigned work. If
there are any materials or supplies that the consultant member needs to have furnished by the City
or MAA, this must be specified clearly in the proposal[esponse~
E. Business License Required: The selected consultant team members must have a current City of
Ashland business license prior to conducting any work for the City.
F. Professional Responsibilities: The consultant team members shall perform the work using the
standards of care, skill and diligence normally provided by a professional in the performance of
such services in respect to similar work and shall comply with all applicable codes and standards.
IV. City Responsibilities: In the development and implementation of this project the City of Ashland will
assume the following responsibilities:
A. Provide a project manager and liaison.
B. Provide timely reviews of consultant's technical reports or other submittals.
C. Review time spent and coordinate payments to the OA/OC Team Members.
V. MAA Responsibilities: In the development and implementation of this project Mount Ashland
Association will assume the following responsibilities:
A. Provide a project manager and liaison.
B. Provide timely reviews of consultant's technical reports or other submittals.
C. Coordinate construction activities with respect to the authority given to the OA/OC Team.
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PROPOSAL CONTENTS
Each individual team member shall submit ten copies of their proposal for consideration by the City. A
committee will rate submitted proposals according to the criteria to determine which submittal best fits the
needs of the City and MAA. The proposal shall address each of the following listed items and shall be
organized in accordance with this section of the proposal.
Proposal shall include the following information:
Title of Project:
" it:.
t(o.;
it i
";' ~ ~ ,
I ~ i
Proposer's Contact Information:
Name:
Title:
Address:
Phone & Fax Number:
DATE OF OPENING: 1:30 PM July 18th, 2007
PROPOSAL CRITERIA
Each proposal is limited to no more than 8 pages and shall contain the following
information. Resumes may be attached as an appendix.
Transmittal Sheet / Cover Letter
Team member's scope of services as it relates to the OA/OC Team Duties and
Responsibilities
Team member's capabilities and resources (what does the member bring to the table
and what additional resources would be required if any)
Understanding of how the team has worked together in the past and / or how the
team member's intend on working together on this project
Identify and discuss any potential risks or barriers for an individual to become part of
this unique independent yet coordinated team
Proposed time commitments for each team member
Commitment to developing the work plan within the 20 day timeframe
Commitment to the three year project
References (maximum of five recent references on similar projects)
Cost of Services (hourly charges and any reimbursable requirements, travel, etc that
are anticipated through the duration of this project)
See also, the following evaluation criteria for better understanding of the weighting and
priority of each item.
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PROPOSAL EVALUATION AND SELECTION
I. REVIEW
Proposals will be reviewed and evaluated by personnel from the City of Ashland and MAA. Each
proposal will be evaluated on content quality and completeness as described in the preceding
section. Interviews may be conducted with the top ranking firms if the City deems it necessary.
II. EVALUATION CRITERIA
Each proposal will be judged as a demonstration of the consultant's capabilities and understanding
of the services requested. Selection of a consultant shall be made in accordance with ORS
279C.400-410 for public improvements. Evaluation will be as follows:
Criteria Maximum Score
A. Transmittal Sheet I Cover Letter 0
Project Description and Understanding:
B. Team member's ability to comply with stated QAIQC Team 20
Duties and Responsibilities
Team Member's Capabilities, Qualifications and Resources
C. Required to Complete the Project 30
Team Member's Proposed Time Commitments; Immediately
D. and for the Duration of the Project 15
F. Experience and References 20
G. Cost of Services 15
TOTAL: 100
III. CITY RESERVATION
The City of Ashland reserve the right to waive irregularities or discrepancies in a proposal if the
City determines that the waiver is in the best interest of the City.
IV. ADDENDA TO THE RFP
The provisions of this RFP cannot be modified by oral interpretations or statements. If inquiries or
comments by offerors raise issues that require clarification by the City, or the City decides to revise
any part of this RFP, addenda will be provided to all persons known to the contact person who
have received or will subsequently receive the RFP. Receipt of addenda must be acknowledged
by signing and returning it with the proposal.
V. PROTEST
Any prospective consultant who contends that the provisions of the RFP or any aspect of the
procurement process will encourage favoritism in the award of the contract, or substantially
diminish competition, must file a written protest to the RFP at least ten days prior to the date set for
the opening of proposals. Failure to file a protest will be deemed a waiver of any claim by an
offeror that the procurement process violates any provision of ORS subchapter 279A or subchapter
279C, Ashland Municipal Code Chapter 2.50, "Public Contracts," or Chapter 2.52, "Personal
Service Contracts."
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CONTRACT AND TERMS
I. CONTRACT
Each individual member of the proposed OA/OC Team will be expected to enter into a written
contract in the form attached to this RFP in the Appendix.
The proposal should indicate acceptance of the City's contract provisions or suggest reasonable
alternatives that do not substantially impair the City's rights under the contract.
If inclusion of any of the City's contract provisions will result in higher costs for the services, such
costs must be specifically identified in the proposal.
Unconditional refusal to accept the contract provisions proposed by the City without offering
acceptable alternatives may result in disqualification of the offeror or a less favorable evaluation of
its proposal.
Proof of required insurance is made part of this contract. Acceptance is not complete unless and
until proof of required insurance is submitted to the City.
II. CONTRACT TERM
It is anticipated the consultant team will be in place for the duration of the construction period. As
such, this specific contract will be valid for three years (June 30, 2010) to include hourly costs and
specific task costs as agreed upon.
This contract may be extended on an annual basis for three additional one year terms at annually
negotiated costs to include hourly rates and/or task specific costs.
This contract may be amended to include post-construction monitoring and recommendations for
remediation to ensure correction to any soil erosion concerns that may have surfaced after
construction and any weathering on site in the expansion areas.
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APPENDIX
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Page 15 of 20
ENGINEERING SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as
follows:
Recitals
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Consultant
City Hall Address:
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002 Telephone
FAX: (541) 488-5311 FAX:
Date of this agreement: ~ B: RFP date:
Proposal date
~2.2 Contracting officer:
~24 Project:
~6. Consultant's representative:
~83. Maximum contract amount:
B On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City
for the project described above. Consultant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to
provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant:
Consultant accepts the relationship of trust and confidence established between Consultant and City by this
contract. Consultant covenants with the City to perform <services and duties in conformance to and consistent
with the standards generally recognized as being employed by professionals of consultant's caliber in the
locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors,
and other interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Consultant shall provide
professional consulting services for City in all phases of the project to which this contract applies, serve as City's
professional consulting representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to provide professional
consulting services in a manner that is consistent with the interests of City.
2 Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
21. "City" means the City of Ashland, Oregon.
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22. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and
other consulting services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on
completion of all services required by this contract unless sooner terminated as provided in this contract.
4. Authority of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the
administration and interpretation of this contract. The contracting officer shall have complete authority to
authorize services, transmit instructions, receive information, interpret and define City's policies and make other
decisions with respect to Consultant's services.
5. Consultinq Services: Consultant shall provide services to City that are described in the RFP.
51. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's
requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act
as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of
services.
5.1.5. Cooperate with other consultants retained by City in the exchange of
information needed for completion of the services and the project. '
5.2. Consultant shall commence performance of services within five days after receiving written
authorization from the contracting officer for work described in the RFP. Consultant shall perform the services
as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon
request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements
described in the RFP. Each schedule shall include allowance for periods of time required for City's review and
approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally
accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that are caused by
Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be
construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's
services. In the event of any breach of this contract by Consultant or negligent performance of any of the
services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such
breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The
preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant
beyond the maximum time limitation provided by Oregon law.
6. Assiqnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person
specified in Recital A above, who shall act as Consultant's representative in all communications and
transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of
Consultant's employees to perform services if the requests are consistent with sound business and professional
practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
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7.2. City will provide information, documents, materials and services that are within the possession or
control of City and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and
private property as required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others
involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by
Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant
and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this
payment schedule without prior approval by the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the
end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon.
Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and
ordinances of federal, state, City and city governments with respect to the services including, but not limited to,
provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this
contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except
for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017.
Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation
coverage required by ORS Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide
City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predominantly in areas where it will
be seen by all employees.
10. Ownership of Documents:
All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent
permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify and hold
harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such
a manner as to provide a clear distinction between the expenditures and revenues related to the project and the
expenditures and revenues related to Consultant's other business.
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112. Consultant's books and records shall be made available for inspection by City at reasonable
times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of
Consultant's books and records by a certified public accountant retained by City
12. Indemnification:
Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all
claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including
injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out
of or incident to the negligent performance of this contract by Consultant (including but not limited to, the
negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform
work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions,
costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance.
131 Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
131.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner's and contractor's protective insurance;
13.12 A professional errors and omissions liability policy; and
13.1 3. A comprehensive automobile liability policy including owned and non-owned
automobiles.
132 The coverage under each liability insurance policy shall be equal to or greater than the limits for
claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined
single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and
$100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection 13.1.2.
13.4 Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. Each certificate shall state that coverage
afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days
prior written notice has been given to City. A certificate which states merely that the issuing company "will
endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation
required by this contract within ten days after the other party gives written notice specifying the nature of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be
completely cured within the ten day period, no default shall occur if the party receiving the notice begins
performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence
and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other
party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue
any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon
for Jackson County.
15. Termination:
15.1
Mutual consent. This contract may be terminated at any time by mutual consent of both
parties.
152 City's Convenience. This contract may be terminated at any time by City upon 30 days'
notice in writing and delivered by certified mail or in person.
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15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon
delivery of written notice to Contractor, or at such later date as may be established by City under any of the
following conditions:
a. If City funding from federal, state, county, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of services;
b. If federal or state regulations or guidelines are modified, changed or interpreted in such
a way that the services are no longer allowable or appropriate for purchase under this contract or
are no longer eligible for the funding proposed for payments authorized by this contract; or
c. If any license or certificate required by law or regulation to be held by Contractor to
provide the services required by this contract for any reason denied, revoked, suspended, or not
renewed.
15.4 For Default or Breach.
a. Either City or Contractor may terminate this contract in the event of a breach of the
contract by the other. Prior to such termination the party seeking termination shall give to the other
party written notice of the breach and intent to terminate. If the party committing the breach has
not entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving notice may authorize or require, then the contract may be terminated at any time
thereafter by a written notice of termination by the party giving notice.
b. Time is of the essence for Contractor's performance of each and every obligation and
duty under this contract. City by written notice to Contractor of default or breach, may at any time
terminate the whole or any part of this contract if Contractor fails to provide services called for by
this contract within the time specified herein or in any extension thereof.
c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and
are in addition to any other rights and remedies provided by law or under this contract.
15.5 Obliqation/Liability of Parties: Termination or modification of this contract pursuant to
subsections 151, 152, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or either
party already accrued prior to such termination or modification. However, upon receiving a notice of
termination (regardless whether such notice is given pursuant to subsections 15.1, 15.2, 15.3 and 15.4 of this
section, Contractor shall immediately ceased all activities under this contract, unless expressly directed
otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract
documents, information, works-in-progress and other property that are or would be deliverables had the contract
been completed. City shall pay Contractor for work performed prior to the termination date if such work was
performed in accordance with the Contract.
16. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure
to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that
City's payment of amounts under this contract attributable to work performed after the last day of the current
fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the
exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the
event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultants, with no
further liability to Consultants.
17. Notices:
Any notice required to be given under this contract or any notice required to be given by law shall be in writing
and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by
law.
17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in
Recital A above.
17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address
provided for the Consultant in Recital A above.
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18. Assiqnment:
City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal
representatives of the other party. Consultant shall not assign or subcontract Consultant's rights or obligations
under this contract without prior written consent of City. Except as stated in this section, nothing in this contract
shall be construed to give any rights or benefits to anyone other than City and Consultant.
19. Governinq Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the
laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines Any claim,
action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the
State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted
solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim
must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the
United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the
signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts
In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the
Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction
20. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF
TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED
HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
21. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Finance Director
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Coding
Date:
(For City use only)
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CERTIFICATIONS OF REPRESENTATION
Contractor, under penalty of perjury, certifies that
(a) The number shown on this form is its correct taxpayer ID (or is waiting for the number to be issued to it; and
(b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has
not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a
failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup
withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter
into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation
of Contractor enforceable in accordance with its terms, and
(c) The work under the Contract shall be performed in accordance with the highest professional standards, and
(d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also
certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a
corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon
or is an independent contractor as defined in the contract documents, and has checked four or more of the
following criteria:
_ (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of
my residence, set aside as the location of the business.
_ (2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
_ (3) Telephone listing is used for the business separate from the personal residence listing.
_ (4) Labor or services are performed only pursuant to written contracts.
_ (5) Labor or services are performed for two or more different persons within a period of one year.
_ (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced
by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating
to the labor or services to be provided.
Contractor
Date
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Page 22 of 20
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~per hour effective June 30, 2004
~..,
(Increases annually every June 30 by the
Consumer Price Index)
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,964 or more.
employee's time in that month
working on a project or portion of
business of their employer, if the
employer has ten or more
employees, and has received
financial assistance for the project
or business from the City of
Ashland in excess of $15,964.
~ For all hours worked in a
month if the employee spends
50% or more of the
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
In calculating the living wage,
employers may add the value of
health care, retirement, 401 K and
IRS eligible cafeteria plans
(including childcare) benefits to
the amount of wages received by
the employee.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all employees.
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CITY Or
ASHLAND
Page 23 of 20
Form W-9
Request for Tax payer
Identification Number and Certification
Give form to the
requester. Do not
send to the IRS.
(Re'll. January 2(03)
Oepartmenl 01 the lfeasury
ln1emal Revenue Setvice
N
Cll
0>
'"
a.
c
o
01)
.. c
0..0
,...,.-
- -
o 2
c ~
.- c
Q:~
'"
'u
Cll
a.
III
Cll
Cll
1Il
Name
BUSiness name, If diffe1enl from above
O Individuall
Check appropriate bml" Sole proprietor
Address (number. street, and apl. or suite no.)
o Corprnation
City. stale, and lIP code
LIst account numbeds) here (optIonal)
(;r.rro
Taxpaver Identification Number (TIN)
o Partnership 0 Other
~ ................._1
O [)tempi ~rom bacMup
withholding
Requester '5 name and address (optional)
I Social ,,,curi.) numb",
I I + I + I
[nler your TIN .n the appropriate box. For individuals. thiS is your social security number (SSN).
However, lor a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on
page 3. For olher entities. it is your employer identification number (EIN). If you do not have a number.
see How to get a TIN on page 3.
Note: If the accounl is in more than one name. see (he chao on page 4 for guide/mes on whose number
CO enter.
Certification
or
Under penalties of perjury. I cenify that:
1. The number shown on Ihis lorm is my correct taxpayer identifIcation number lor I am waiting lor a number to be issued to me). and
2. I am nol subject to baCkup withholding because: la) I am exempt from backup withholding. or (b) I have nOI been notified by the Internal
Revenue Service (IRS) that I am subject 10 backup withholding as a result of a failure 10 repon all interesl or dividends. or (e) the IRS has
notified me that I am no longer subject to backup withholding. and
3_ I am a U S. person (including a U.S resident alien).
CertifIcation inslTuctions. You must cross oul item 2 above if you have been notifIed by the IRS thai you are currently subject to backup
withholding because you have failed to lepon all interesl and dividends on your tax relUrn. For real estate transactions. ilem 2 does not apply
F or mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement
arrangement (IRA). and generally. payments olher Ihan Inlerest and dividends. you are not required 10 sign the Cenincation. but you must
provide your correct TIN. (See the instructions on page 4.)
Sign I Signalu." 01
Here ._ u.s. pe,=n ~ Date ~
Purpose of Form
A person who is required to file an information return with
the IRS. must obtain your correct taxpayer identification
number [IIN) to report. fOI example. income paid to you. real
estate transactions. mortgage interest you paid. acquisition
or abandonment of secured property. cancellation of debt. or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien). to provide your correct TIN to the
person requesting it (the requester) and, when applicable. to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a number to be issued).
2. Certify that you are not subject to backup withholding.
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note: If a requester gives you a form other than Form W-9
10 request your TIN. you must use the requester's form if it is
substantially similar to this Form W-9.
Foreign person. If you are a foreign person. use the
appropriate Form W.8 (see Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.s. tax on
certain types Of income. However. most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
.continue for certain Iypes of income even after the lecipient
has otherwise become a U.s. resident alien for tax purposes.
If you are a U.s. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.s. tax on certain types of income.
you must allach a statement that specifies the fOllowing five
items:
1. The treaty country_ Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
the terms of the treaty article.
Cat. No lQZ31X
Fmm W-9 (R"v 1.20031
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Page 24 of 20
CITY OF
ASHLAND
Council Communication
Mt Ashland QA/QC Team and Advisory Group
Meeting Date: September 19, 2006
Department: Administration
Contributing Departments: Public 'tp;J~
Approval: Martha Benrrettp!~
Estimated Time: 30 minutes
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail
Martha Bennett
bennettm@ashland.or.us
Paula Brown p~~
brownD@ashl~md. or .us
Statement:
As discussed at your September 6, 2006 study session, this item briefs recommendations for the formation of the
OAlOC Advisory Group and the options and recommendation for the OAlOC Team.
Staff Recommendation:
1 . Council form and appoint members to the OAlOC Advisory Group
2. Council direct the Advisory Group to develop the "authority, duties and responsibilities" for not only the
Advisory Group, but also the OAlOC Team (see attached reprint of the recommendations brought forward
from the September 6th Study Session)
3. Council direct staff to move forward with the selected option for selecting the QAlOC Team
4. Council direct the OAlOC Advisory Group to work with staff to further develop the option and select the
OAlQC Team based on direction from NO.3 above
5. Council direct staff to bring forward an agreement with MAA for the QAlOA Team as defined in NO.2 above
Background:
During the September 6, 2006 Study Session, staff clarified the general theory behind the QAlOC concept and
asked for clarification for the formation of the actual technical Team and the oversight through the Advisory Group.
Council will establish the QAlQC Team to provide technical oversight for additional requirements to specifically
protect the water quality and quantity of the watershed. The QAlOC concept will help Council manage the risk and
uncertainty with the ski area expansion, and provide additional quality controls through the construction process.
As articulated in the Council's resolution, QAlOC ensures the project has technically sound controls to ensure
environmental risk is defined and also has the means and responsibility to quickly correct potential impacts.
As stressed at the Study Session and in Council's Resolution 2005-35, the primary focus is on erosion and
sediment control, mitigation, and restorationlremediation to minimize, if not eliminate, the negative impact on
the water quality or quantity within Reeder Reservoir. The OAlOC Team will provide technical expertise in soils
and hydrology as that relates to erosion, sediment and the protection of our water quality and quantity in the
Ashland watershed. Council also asked that staff include the geomorphology of the specific soils on Mt Ashland
and the wildland management. The focus of the QAlQC Team will be to assess the construction processes of the
expansion and assure the processes outlined will meet the objectives, and to ensure the controls are in place to
evaluate and change the conditions to meet the objectives. The goal is to better define the partnership and bridge
the gap between the City and MAA to develop trust in the construction process.
CC MT Ashland QAJOC
Page 1 of 3
~~,
Discussion:
QA/QC Advisory Team
It is recommended that the Council appoint a OAJOC Advisory Group that would perform the coordination
between the City, MAA, and the Forest Service that is required by Council's resolution. Staff recommends this
advisory group have the following membership:
. City Public Works Director as the staff lead to focus the OAJOC direction, remind the Team of the OA/OC
goals for the process, prepare summary meeting notes, be responsible for administering the OAIOC
Team's contract and make payment authorizations as necessary, etc.
. A City Council Liaison to ensure policy direction is being implemented and to report back to the City
Council on an informal basis; gain Council approval for any changes in direction or policy goals, etc. It is
recommended that Council appoint a member that has not openly expressed a strong opinion toward the
expansion. Russ Silbiger, David Chapman or Alice Hardesy are forwarded for consideration.
· One or two community ad-hoc members who are familiar with prior water quality concerns and City
policies with regard to watershed protection as community oversight in the process. The following is a list
of names that have been mentioned by council members or by the public: Jim McGinnis, Eric Dittmer,
Susan Rust, Jim Moore. This is a very preliminary list, and none of these community members have
been contacted for their input to the process.
. A Forest Service staff member as a federal partner to the process; identify Forest Service requirements,
explain Forest Service processes and procedures for ROD implementation and permit compliance
associated with the ROD; not advising City decision-making about implementation beyond the ROO. It is
recommended that Council direct staff to contact the Forest Service to invite their participation as it is
critical to the success of this process.
. One member from MAA Board and one member from MAA staff to inform the Advisory Group of the
business and financial implications as a business partner to the process. This will meet the intent of
Council's resolution that stresses the need for mutual agreement between the City and the MAA. It is
recommended that Council direct staff to contact the MAA to invite their participation as it is critical to the
success of this process.
QA/QC T earn Options
At the Study Session (September 6th), Council debated the participation of the OAIQC Team. The attached
spreadsheet lists four options and the pros and cons of each option.
1. Use Michael Hogan's team exclusively
2. Write a Request for Proposals for four individual team members
3. Write a Request for Proposals for four individual team members
4. Use Michael Hogan's team with the addition of one local member with hydrology-geomorphology background
specific to Mt Ashland
In reviewing the options, staff recommends that council direct the implementation of Option 3 with the OA/OC
Advisory Group participating in the development of the RFP criteria and then in the selection process.
Related City Policies:
City of Ashland Lease with Mt Ashland Association
CC MT Ashland OAIOC
Page 2 of 3
~..
._~
Council Options:
This item is for council's discussion. Staff needs the Council's direction for the formation of the ONQC Advisory
Group and Council's selection of the desired option to move forward with hiring the ONOC Team. Staff
recommendations have been provided throughout this Council Communication and will be discussed at the
meeting.
As always, council has the option to direct staff to either stop work on this process or bring a different concept
back to council for further discussion
Attachments:
1. Options for the OAJOC Team.
2. Initial thoughts on the "authority, duties and responsibilities" for not only the Advisory Group, but also the
ONOe Team (from the September 6, 2006 Study Session)
CC MT Ashland QAJOC
Page 3 01 3
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City of Ashland, Oregon - Agendas And Minutes
Page I of 8
City of Ashland. Oreqon / City Council
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City Council - Minutes
Tuesday, September 19, 2006
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1
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
September 19, 2006
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:05 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Amarotico, Hartzell, Jackson, Silbiger and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced there are volunteer positions available on the Forest Lands and Bicycle &
Pedestrian Commissions.
APPROVAL OF MINUTES
The minutes of the Regular Council meeting of September 5, 2006 were approved with the following
amendments: page 3 ' She stated they the City ask this of small grantees and does not think there should
be a double standard." "She also questioned whether the deliverables under the Methodology actions listed
on Page 2..." Page 5 - "She also suggested the policies and procedures be adopted reviewed and adopted
before they move forward..."
SPECIAL PRESENTATIONS & AWARDS
1. Bicycle & Pedestrian Commission Annual Presentation.
Staff Liaison Derek Severson, Commissioners Tracy Harding, David Young and Paul Rostykus addressed
the Council. Mr. Severson explained that the Bicycle & Pedestrian Commission consists of nine voting
members, one who is a City Councilor, and four non-voting members. They meet the third Thursday of
every month at 51 Winburn Way at 5: 15 p.m. The Bicycle & Pedestrian Commission works to promote
bicycling, walking and other non-motorized forms of transportation and presents bicycle safety
education in local schools.
Commissioner Young spoke in memory of Carole Wheeldon and her contributions to bicycle and
pedestrian safety in the City. He also stated that the 2006 Car Free Day would be dedicated in her
honor. Commissioner Harding spoke regarding Car Free Day, scheduled for September 22, and provided
an explanation of the day's activities. Commissioner Rostykus announced that the City of Ashland was
recognized by the League of American Bicyclists as being a bicycle friendly community at their bronze
level. He stated that the Commission has been working with the BTA (Bicycle Transportation Alliance) of
Portland, the Traffic and Safety Commission, and the Parks Foundation to put on bicycle safety, riding
skills, and bike maintenance classes in the middle and elementary schools.
2. Mayor's Proclamation of September 19 as "Ashland Car Free Day" was read aloud.
3. Report on Interagency Council on Homelessness (U.S. Department of Housing and Urban
Development) .
Paul Carlson from the US Interagency Council on Homelessness, from the Seattle HUD office, gave a
report on the national effort to assist in the effort to end homelessness. The agency's responsibilities
are three fold: 1) to coordinate the efforts of all the Federal agencies 2) to work on the State level 3) to
work with local communities for the development of local plans to end homelessness. He gave some
facts about the cost of homelessness: the cost of allowing a person to remain homeless is twice as
much as the cost of housing and providing services. In other words, it costs $44,000jyear to allow a
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City of Ashland, Oregon - Agendas And Minutes
Page 2 of 8
person to remain homeless and only $20,000 to house them with expensive services. 10% of homeless,
who are out there the longest, consume about 50% of the resources devoted to the issue. People who
are homeless, or who have mental illness, typically stay in jail for twice as long as those who are not
homeless - even for the same crime.
The effort to end homelessness has found the greatest success from permanent, sustainable housing.
This is where communities assist people both to find permanent housing and to have assistance with
the basics. Mr. Carlson is hopeful that Ashland will work with Jackson County to create a committee to
develop a valley-wide plan.
4. Presentation from DEQ on P.M. 2.5 Emissions.
John Becker with the local Department of Environmental Quality returned to finish the discussion from
the March 21, 2006 meeting regarding the proposed new federal air quality standards for fine
particulate matter (PM 2.5). He encouraged a wood stove change out ordinance, as well as a residential
open-burning ban. He gave updates on all the local cities and their progress.
Councilor Jackson confirmed that the reason for this request is that the requirements for air quality is
about to be more restrictive, and so we are striving to have better air quality to stay in compliance for
the future. Councilor Hartzell requested a template for both the woodstove and the open burning
ordinances. Mr. Becker stated he would be happy to provide those. Councilor Chapman asked if it would
be possible to end slash burning. Mr. Becker stated that this is a common request, but is unfortunately
outside of DEQ's ability to control. Councilor Hartzell asked if it would be of any assistance to receive a
letter from the City of Ashland requesting Federal funding to support DEQ for these projects. Mr. Becker
stated that DEQ is planning on introducing legislation relating to these things, and one does contain a
package for grant funding to local communities to help enforce these ordinances.
Councilors Hartzell/Jackson m/s to have staff return with woodstove change out and open
burning ban ordinance information. Voice vote: All A YES. Motion passed.
Councilor Hartzell also requested that staff prepare a letter to the governor's office requesting funding
for the restoration of the air quality program.
5. Mayor's Proclamation of September 30 as "First Nation's day" was read aloud.
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointment of Jim Olney to the Bicycle & Pedestrian Commission.
3. Approval of Public Contract Greater than $75,000 - Electric Line Truck.
4. RVTD Contract Approval.
Council Hartzell requested that item number 4 be pulled for discussion.
Councilors Hartzell/Jackson m/s to approve items 1-3 of Consent Agenda. Voice Vote: all
AYES. Motion passed.
Councilor Hartzell requested some clarification on the contract. Item 1.1 states that the contract will
end on June 30, 2007, yet item 2.1 states that at the start of the new fiscal year, the program would
automatically begin again. She would like clarity on if the contract will be automatically renewed, or the
program. It was determined that the last sentence of 2.1 should be struck.
Councilor Hartzell requested the detailed ridership report, listed in 1.3, is given to each council member.
Councilor Silbiger asked that the City request that RVTD remove the signs for all the unused routes.
Mrs. Bennett stated that this request had already been made. It was suggested that a letter be written
to RVTD, from the Mayor, re-stating this request. Councilor Hartzell also requested that in the letter we
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City of Ashland, Oregon - Agendas And Minutes
Page 3 of 8
ask for the times of the bus pick up is added to the posted information. Mrs. Seltzer stated that RVTD
would be posting the route maps, including the times, in all bus shelters soon. Mayor Morrison agreed
to write the letter regarding the request that incorrect signs are removed and correct signage be added.
Councilor Chapman wanted clarification on when it was determined that the City would be subsidizing
Valley Lift $15.54 per ride. Mrs. Seltzer reminded the Council that this was discussed and the "Proposed
Costs to the City of Ashland for RVTD Extended Services" handout was in their packet for the June 28,
2006 meeting.
Councilor Hartzell requested that with the monthly ridership report we track whether or not we will be
running out of funds before the end of the fiscal year, and if so, how will be handle this financially. She
worried that this is an uncontrolled cost, and we could potentially be required to spend money we have
not budgeted for. Councilor Silbiger stated that the control is when we run out of money, we stop the
program. Councilor Hartzell is concerned that we could end up more heavily subsidizing Valley Lift and
have less available for the regular riders. Councilor Silbiger reminded her that this was specifically the
risk the Council took in June when choosing this plan.
Councilors Hartzell/Silbiger m/s to approve the contract with the first word of item 1.1
changed to "contract" and the last sentence deleted from item 2.1. DISCUSSION: Councilor
Hardesty wanted to know if we were ever going to discuss this again in a study session. All agreed that
this would be brought forward for further discussion at a later study session. Roll Call VOTE:
Hardesty, Amarotico, Hartzell, Jackson, Silbiger, Chapman, YES. Motion passed.
PUBLIC HEARINGS
1. Settlement of a Property Ownership Dispute in Timberline Subdivision.
Paula Brown gave history of the dispute. The ownership of this property has never been established in
records. The legal department recommended that staff deed the property to Joe and Ruth Jarvis in
exchange for retaining bicycle and pedestrian, utility, storm drain, and slope and drainage easements.
The property could not be developed, nor could a road be built there, due to the steepness. Councilor
Hartzell requested clarification on as to whether or not we need to record something stating that no
building could occur which will compromise the easements. Mrs. Brown stated that if we retain the
easements we are requesting, that will be record enough to protect the property.
Mayor Morrison questioned information as to when this particular parcel fell off the tax maps. Mrs.
Brown stated that it, most likely, was never on any tax record. The property was never truly deeded to
the City and so was never part of the tax record. Mayor Morrison wanted to know if the Jarvis' were
requesting the back taxes as well and what are the legalities of this regarding taxes. Mrs. Brown stated
that if we were to do nothing, which would likely lead the Jarvis' to file a lawsuit, then this could
become very messy.
Public Hearing Open: 9:17 pm
No public testimony given.
Public Hearing Closed: 9:18 pm
Councilors Chapman/ Amarotico m/s to approve the deed, authorize the Mayor and the City
Recorder to sign it, and direct staff to resolve the back-taxes issue. Voice Vote: Hardesty,
Amarotico, Jackson, Silbiger, Chapman, YES, Hartzell, NO. Motion passed 5-1.
PUBLIC FORUM
Ambuja Rosen / showed a new poster of a permanently chained dog. She stated that an anti-tethering
ordinance would have protected this dog. She stated that an ordinance would also protect those who
would prefer to report abuse anonymously, and complained about the county's requirement for people
reporting animal abuse to give contact information. She requested the council enact an anti-chaining
ordinance.
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City of Ashland, Oregon - Agendas And Minutes
Page 4 of 8
Marilee Jenkinson / gave information regarding Lieutenant Ethren Watada, who is under court-martial in
Fort Lewis Washington. She urged the council to approve a resolution telling Fort Lewis to stop the court-
martial.
Tracy Harding / remind the council of the hikes which have been organized to tour the Mt. Ashland
Expansion Area.
UNFINISHED BUSINESS
1. Request to close Main and Lithia Way as part of First Nations Day.
Public Works Director. Paula Brown described the request for closures and the background as where the
request comes from in regards to the closing of streets for First Nations Day celebration. The original
request was to close one lane on Lithia and one lane on N. Main for the celebration. Later it was
requested that both directions be closed or create two-way traffic on Lithia. Mrs. Brown stated that due
to the difficulties with ODOT, the preference was not to have two-way traffic. She stated that they are
applying to ODOT and working with the Police Department to close one lane of traffic in each direction.
However, if she gets instructions she can work with ODOT on closing both lanes.
Robert Brothers/ Urged the Council to close both Main and Lithia Way for the sake of this celebration.
He described the theatrical nature of this prayer celebration. He reminded us that just as we do not like
to hear the sound of cars while in the theater, we do not want to have the sound of cars during this
celebration. He stated that the amount of traffic on an average Saturday, the disturbance would not be
too excessive.
Jim Young / Stated he is grateful for this new addition to the art community. He feels the more we can
make the community connected to the art, the more they will seek to preserve and protect.
Ed Little Crow / Urged the council to close the streets. He stated he is from the Crow-Creek Indian
Reservation and traveled from South Dakota for this celebration. He wanted to thank the council for
their patience and tolerance and for taking the time to consider this request.
Thomas Doty / Urged the council to close the streets. Stated he wants this to be an opportunity for
the Native Americans to tell their story. He feels that this is a sacred ceremony and should be given the
same respect as any sacred church ceremony.
David West / Gave a quick history of the Native American alliance program and the history of the
Native American people in the area. He hopes that we can have Ashland begin the return to this being a
healing area and an active presence of Native peoples. He urged the Council to grant this request and to
come and celebrate with the participants.
Agnes Baker Pilgrim / Stated her concerns over the maintenance of the sculpture. She is thankful for
this sculpture, and believes it will help bring about healing between peoples.
Marko Bey / Urged the Council to close the streets.
Nick Frost / Urged the Council to close the streets. Stated that greater closure equals greater
awareness.
Councilor Chapman supported full closure. Councilor Hartzell wanted to clarify that even on 4th of July
we have two-way on Lithia Way. Mrs. Brown stated that even though this all-lane closure request is
new, with the Council's recommendation she could go to ODOT easier. They can close Lithia from Oak to
Helman and Main from Wimer to Oak for the hour of the celebration. Councilor Jackson supports the
closure as well. She believes the financial expenditure will be greater due to the extra police assistance.
Paula stated that with the amount of people we have for the current closure it probably will not add that
much more staff time or expense.
Councilors Jackson/Chapman m/s to close N Main and Lithia, between Oak and Hersey for
the time-period of the dedication on September 30, 2006. Discussion: Councilor Hartzell
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questioned whether the proposal put forward proposed that Mr. Haines share in the costs of this
closure. Mrs. Bennett stated that the original estimate was $1100, to be split 50/50 between Mr. Haines
and the City. She stated that the Council does need to be prepared to pay for anything over that
amount. Councilor Silbiger suggested that we maintain the 50/50 split, regardless of this new increase
in costs.
Councilors Silbiger I Hartzell proposed an amendment that the costs of the street closure be
shared 50/50 between the City and the Applicant. Voice Vote: All AYES. Amendment passed.
Voice Vote on Motion: all AYES. Motion passed.
2. Follow up on September 6, 2006 Study Session on Mt Ashland QA/QC Team and Advisory
Group.
Public Works Director Paula Brown stated that at the September 6, 2006 study session staff was
requested to bring this item back, so that Council could vote on their decision on how to proceed with
the selection of the QA/QC advisory group and then the QA/QC team.
Councilor Chapman questioned if there were many firms who could fall into the RFP requirements. Mrs.
Brown stated that there were many firms who have knowledge of other mountains, but not necessarily
many who are familiar with Mt. Ashland. However, most teams typically will hire a consultant who has
the expertise the City requires.
Councilor Jackson likes option # 3 because she likes the idea of a group who has already a good working
relationship. Confirmed that Staff wants a decision from Council on the members of the advisory group,
so that the advisory group can then determine the details of the RFP. Mrs. Brown stated that is correct.
Councilor Hartzell prefers that the advisory tem make a recommendation on the QA/QC team, but that
Council make the final decision. She suggested that the advisory group have a few modifications; have
at least one representative from the two sides of the current litigation (i.e. one or two from Mt. Ashland
and one or two from the Sierra Club- as long as the numbers are even,) if Forrest Service is involved
they should be a non-voting member. She is supportive of the idea of the advisory committee.
Councilor Hardesty wondered if having two council representatives on the advisory team, particularly as
both Councilor Hartzell and Councilor Jackson are so familiar with the project.
Councilor Jackson stated that the advisory group represents the entire community and therefore
requests that the members not be labeled either environmentalists or non-environmentalists. Councilor
Hartzell stated that the reason she wanted one from each group, was that this is a particularly
specialized issue, and so she requested people who are close to this issue be on the advisory group. She
would prefer that those two groups determine whom they would prefer to send to the team.
Councilor Amarotico wanted clarification as to why the Council members on the advisory team should be
voting members. In the term Quality Assurance / Quality Control, he is not sure how they can ring in on
the science that the other members will be bringing into the meeting. It was determined that this is a
topic for another discussion.
Eric Navickasl stated that the absence of Mt Ashland in this discussion shows how little they care for
the interests of the City. He believes that this is the time for the City to take this issue seriously, and
have discussion with legal as to how to proceed.
Andy Baylessl stated that he appreciated Paula and the City's work on this, but wanted to remind us
that Michael Hogan works for ski areas, he is not necessarily a neutral person. He does not like items 1
or 4 in the council packet. He feels it is important that the Council retain over-site of the QA/QC team.
It seems to him that Mt. Ashland has decided to stop working with the City.
Paul Copelandl stated that the letter from Mt. Ashland seems to be pointing us in a new direction. He
thinks that Paula and Martha have done their best to uphold the previous resolution, approved last
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November. Suggested that the RFP could be both for firms or individuals
Tom Dimitre / stated that options 1 or 4 are not acceptable, as Michael Hogan is not independent, as
he works for Mt. Ashland Association, so 2 or 3 are acceptable. This it is important that the city re-
iterate that Mt. Ashland.
Councilor Silbiger suggested that the group contained someone experienced in mediation. He thinks
that the previously discussed advisory team is acceptable. He leans towards option 3 as a preference.
Councilor Jackson found her papers from two years ago, which included papers from three years ago,
when there was a discussion in regards to the possibility of the advisory team, and sees today's action
as putting that goal into action.
Councilor Hartzell does not want the Council to assume that a newly formed team cannot work
together. She is supportive of sending out an RFP, but questions the term, "Firm" in option 3. She
would prefer that the people responding to the proposal state exactly who is going to be working on this
project to assure that we have people with some local specialty.
Councilor Hardesty cautioned the City not to select a firm, just because they work well together. She
does not want the City to sacrifice expertise for the sake of finding an existing team.
Councilors Hartzell/Hardesty m/s that the advisory team be made up of the director of Public
Works, and two liaisons from the City Council, two representatives from Mt. Ashland
Association, two representatives from the environmental community, and a non-voting
member from the Forest Service. DISCUSSION: Councilor Jackson stated she would like an
amendment to the motion to change "environmental representative" to "community at large
representative". Councilor Hartzell stated that the purpose of this is to establish accountability in these
decisions, and so the environmentalist group needs to be a part of that. Mayor Morrison stated that
anyone who wants to enter into this group and pass Council approval would need to enter into it with a
sense of trust and a willingness to work with the other side. Roll Call Vote: Hardesty, Amarotico,
Hartzell, Jackson, Silbiger, YES Chapman, NO. Motion passed S-1.
NEW AND MISCELLANEOUS BUSINESS
1. Discussion of City Charter Ballot Timeline.
Moved to the October 3, 2006 Agenda.
2.
Contract to Lease the AFN Head End to Provide CATV Service.
Joe Franell gave history on the leasing of the AFN Head End and gave an overview of the RFP process.
He clarified that Dan Nelson did not receive any preferential treatment, even though he is a current City
of Ashland employee.
Councilor Jackson requested clarification on what channels would be included in the cable service. Mr.
Franell stated that the exact channel line up has not yet been contracted, but part of the RFP was a
requirement that relevant, local programming, such as RVTV, local stations, local access, etc.., be
included.
Councilor Jackson was interested to note that Ashland Home Net will be paying both a monthly fee and
a percent of the total income. Mr. Franell clarified that the monthly fee is the rental cost of the
equipment and space and the revenue sharing is the City's attempt to share in any success Ashland
Home Net may have with this product.
Art Bullock / requested that the letter he previously submitted to the council be included in the council
packet. He also stated that the ISPs were given preferential treatment for bidding over those who are
not ISPs. He does not believe that the process was open, legal or fair. Also stated that the legal opinion,
which was stated to be in the council packet, today, was not included and therefore violates the fairness
and openness rules. He asked that we not approve this contract.
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Councilor Hartzell stated that we did receive the legal opinion just prior to the council meeting, but it is
exempt from disclosure pursuant to ORS 192.502(9) under attorney/client privilege.
Councilor Silbiger pointed out the good effort the City went towards fairly contacting as many people as
possible for the bid process.
Councilor Silbiger/Chapman m/s to approve contract with Ashland Home Net. Roll Call Vote:
Hardesty, Amarotico, Jackson, Silbiger, Chapman, YES. Hartzell, NO. Motion passed 5-1.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading of an ordinance titled, "An Ordinance Amending the Transient Occupancy
Tax and the Food and Beverage Tax Provisions to Permit Fees to be Added if Deliquent
Payments are Turned Over to a Collection Agency."
Councilors Jackson/Silbiger m/s to allow Councilor Amarotico to abstain from this vote.
Voice Vote: all AYES. Motion passed.
Councilors Jackson/Silbiger m/s to approve Ordinance #2931. Roll Call Vote: Hardesty,
Silbiger, Chapman, Hartzell and Jackson, YES. Amarotico, ABSTAIN. Motion passed 5-0-1.
Councilor Hartzel/Hardesty m/s to extend meeting until 10:30 pm. Voice Vote: all AYES.
Motion passed.
2. First Reading by title only of an ordinance titled, "An Ordinance Amending the Ashland
Municipal Code Relating to Adoption of the 2004 Oregon Fire Code."
Item moved to October 3, 2006 agenda.
OTHER BUSINESS FROM COUNCIL MEMBERS
1. Council action on Jackson County proposed Rural Zoning Actions.
Mayor Morrison stated that there is a draft letter in the packet to the County Commissioners. He stated
that this letter was prompted by discussions he had with several council members who expressed
concern with the County's decision to allow low density, non-urban development on non-resource lands
in Jackson County. He felt it was a good idea for the Council to go on record as opposing this decision.
Councilor Jackson encouraged council to approve this letter, and thanked Councilor Silbiger for getting
involved and being concerned about agricultural land use. Councilor Hartzell stated that, as we are not
able to do the resolution regarding this issue, this is an important letter. Councilor Silbiger wanted to
point out that there will be real costs to the City of Ashland, particularly with the additional costs of Fire
and Rescue to all these houses. Councilor Jackson stated that, as most of these locations are to the east
of Ashland, off HWY 66 and Dead Indian Memorial Road, and so all the extra traffic will be funneled
throug h the southern 1-5 interchange.
Art Bullock/ stated he appreciates that this is on the agenda, and reminded us that this is letter is
exactly in the spirit of RPS. He also stated that even though this is County land, the costs of this action
would fall on the City.
Councilors Chapman/ Amarotico m/s to approve the sending of this letter. Voice Vote: all
AYES. Motion passed.
ADJOURNMENT
Meeting was adjourned at 10:33pm
Diana Shiplet, Executive Secretary
John W. Morrison, Mayor
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6/l 5/2007
CITY OF
ASHLAND
Council Communication
Study Session - Discussion of Mt Ashland
Meeting Date September 6, 2006
Department: Administration
Contributing Departments: Public
Approval Martha Benn
Estimated Time 2 hours
- Finance
Primary Staff Contact
E-mail
Secondary Staff Contact
E-mail
Martha Bennett
benneltm@ashlandor.us
Paula Brown
brownp@ashland or us
Statement:
As discussed at your August 15, 2006 Regular Meeting, this study session has been scheduled to brief the
Council on the status of the direction and requests you made of both staff and the MI. Ashland Association (MAA)
in Resolution 2005-35.
Staff Recommendation:
1. Council direct staff to bring forward an agreement with MM for the OAlOA Team, with the terms that are
proposed for your consideration on page 4 of Attachment 2.
2. Council initiate formation of the 0AI0C Advisory Group
3 Council provide direction to staff as to how to receive more detailed information on the business plan
Should we request that MM submit the document as confidential and schedule an Executive Session or
should we hire an independent contractor to evaluate the business plan and submit a summary report to
the City?
4. Council should direct staff to work with the Forest Service after the current litigation is completed to
develop a revised list of activities and costs that would be required for restoration of the ski area both
before and after expansion.
5. Council should provide direction to staff as to whether it wishes to appraise the existing assets of the MM
to ensure that the current lease requirements of $200,000 are available. If the value of assets exceeds
$220,000 the City would pay 100% of the costs of this appraisal.
Background:
The City Council passed Resolution 2005-35 on September 8,2005 (see attachment (1)). There were four
primary elements to this resolution:
1. The City Council shall take reasonable steps to estimate the cost of removal and restoration, including the
planned expansion area, in accordance, at a minimum, with the restoration standards specified by the
Forest Service Environmental Assessment and Decision Notice of April 1992 (Alternative C).
2. The City of Ashland requested MM provide a Business Plan.
3. The City Council shall cooperate with MM to appoint a OAlOC team to oversee construction and
protection of the watershed.
4. The City Council will make reasonable efforts to reach a mutual agreement with MM to implement this
r~solution before future construction activities commence.
JIIf."
w_~
The discussion document included as attachment 2 addresses the first three of these items. The staff report
discusses the QAJOC process first, followed by an analysis of the business plan and then the discussion of the
removal and restoration costs.
Related City Policies:
City of Ashland Lease with Mt Ashland Association
Council Options:
This item is for discussion only. Council should give staff direction to return at a regular Council meeting with any
items that require formal Council action.
Attachments:
1. Resolution 2005-35
2 Staff Report
3. Michael Hogan Resume and References
4. Business Plan and other correspondence submitted by Mr. Ashland Association on August 9, 2006.
~~,.
._~
RESOLUTION NO. 2005-35
A RESOLUTION OF THE CITY OF ASHLAND IDENTIFYING CITY POLl CY
RELATING TO THE CITY'S OBLlGATJONS AS THE PERMIT HOLDER FOR THE
MT. ASHLAND SKJ AREA - AMENDED
Recitals:
A The CIty of Ashland holds the Special Use Permit (SUP) for the Mt. Ashland Ski Area (Forest
Service Special Use Permit dated May 10, ] 991).
B. The City of Ashland as the permit holder is ultimately responslble for compliance with the
terms and conditions of the SUP (SUP Section VlI.A).
C The City of Ashland leases the ski area facilities to Mt. Ashland Associatlon (Lease Agreement
dated July 9, ] 992). The Lease Agreement gives the City of Ashland the right to conduct
inspections and investigations of ski area operations (Section] 3.4).
D. Pursuant to the Lease Agreement, Mt. Ashland Association has agreed to assume responsibility
for compliance with the Permit terms and conditions.
E. The City of Ashland places a high priority on the protection of the Ashland Municipal
Watershed which originates in the ski area permit area.
F. The Special Use Permit, upon termination of the permit, requires removal of equipment and
restoration of the Mt. Ashland Ski area (SUP section X.A).
G. The responsibility to restore the ski area and the ultimate maximum liability for restoration of
the Mt. Ashland Ski is uncertain and contingent on policy and environmental standards that may
be in effect at such future time that restoration is required.
H. The City of Ashland desires to prudently plan for and address responsibility for this contingent
liability.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City Council shall take reasonable steps to estimate the cost of removal and
restoration, including the planned expansion area, in accordance, at a minimum, with the
restoration standards specified by the Forest Service Environmental Assessment and Decision
Notice of April] 992 (Alternative C). Reasonable steps shall include an initial inquiry of the US
Forest Service for an estimate. lfthe US Forest Service is unable to or refuses to provide such
estimate, the City will take such other reasonable steps as it determines prudent to estimate the
costs of restoration. The City Council will make reasonable efforts to reach a mutual agreement
with Mt. Ashland Association regarding the maintenance of reserves, bonding, or other security to
fund the estimated cost of the ski area restoration.
RESOLUTION 2005-3 September 6, 2005
Enclosure (1)
SECTION 2. The City of Ashland requests that Mt. Ashland Association provide a Business Plan
showing capital expenditure and operating projections for the planned expansion. The City
Council may retain an independent accounting firm to review the Business Plan. The requested
Business Plan should include these elements:
Projected construction expenditures for each year of the expansion build out.
· Projected sources of funds for financing the expansion for each year of the build out.
Projected operating revenues and expenses reflecting historic skier visitation variability for
at least a I O-year time frame during and after the expansion build out.
Sources of funding for financing restoration/rehabilitation reserves.
Sources of funding for financing the QAJQC team.
The City will request MAA to provide an annual update to the business plan until build out of the
expansion has been completed.
SECTION 3. The City Council shall cooperate with Mt. Ashland Association to appoint a Quality
Assurance/Quality Control team to oversee ski area construction and protection of the municipal
watershed, substantially as described in the comments submitted by the City of Ashland to the
Forest Service on October 7, 2003 (DEIS comments). Ideally, the QAJQC team should be an
independent tearn of2 to 4 persons specialized in soils and hydrology that coordinates with the
City, MAA, and the Forest Service. The QAJQC team should be formed prior to construction to
define strategies for erosion and sediment control, mitigation, and restoration/remediation. The
City Council will make reasonable efforts to reach a mutual agreement with Mt. Ashland
Association to provide construction funding for the QAJQC team and to ensure that all future
construction activities comply with the coordinated recommendations of the QAJQC team and the
Forest Service.
SECTJON 4. The City Council will make reasonable efforts to reach a mutual agreement with Mt.
Ashland Association to implement this resolution before future construction activities commence.
SECTJONS. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly
PASSED and ADOPTED this 6th day of September, 2005:
Barbara Christensen, City Recorder
SIGNED and APPROVED this 8th day of September, 2005:
John W. Morrison, Mayor
Reviewed as to fonn:
Michael W. Fran ell, City Attorney
RESOLUTION 2005-3 September 6, 2005
Enclosure (1)
Quality Assurance I Quality Control (QAlQC)
In total, the resolution for the ONOC portion states:
SECTION 3. The City Council shall cooperate with Mt. Ashland Association to appoint a Ouality
Assurance/Quality Control fOA/OC] team to oversee ski area construction and protection of the municipal
watershed, substantially as described in the comments submiNed by the City of Ashland to the Forest Service on
October 7, 2003 (DEIS comments). Ideally, the OA/OC team should be an independent team of 2 to 4 persons
specialized in soils and hydrology that coordinates with the City, MAA, and the Forest Service. The QAlQC
team should be formed prior to construction to define strategies for erosion and sediment control,
mitigation, and restoration/remediation. The City Council will make reasonable efforts to reach a mutual
agreement with Mt. Ashland Association to provide construction funding for the OA/OC team and to ensure that all
future construction activities comply with the coordinated recommendations of the QA/Oe team and the Forest
Service. (emphasis added)
QA/QC Concept:
Although the Forest Service is required to enforce the environmental controls in the Record of Decision (ROD).
the Council has asked to explore additional requirements to specifically protect the water quality and quantity of
the watershed. The QNQC concept was developed to help Council move forward with the expansion, yet
maintain additional quality controls through the construction process.
Industry QA/OC concepts are grounded in the aspect of managing uncertainty and risk. As articulated in the
Council's resolution, QNOC ensures the project has technically sound controls to ensure environmental risk is
defined and also has the means and responsibility to quickly correct potential impacts.
As council defined in their resolution. the primary focus would be on erosion and sediment control, mitigation,
and restorationlremediation to minimize, if not eliminate, the negative impact on the water quality or quantity
within Reeder Reservoir. The ONOC Team is designed to provide technical expertise in soils and hydrology as
that relates to erosion. sediment and the protection of our water quality and quantity in the Ashland watershed.
The focus would be to assess the processes and assure the processes outlined will meet the objectives, and to
ensure the controls are in place to evaluate and change t~e conditions to meet the objectives The goal is to
better define the partnership and bridge the gap between the City and MAA to develop trust in the construction
process.
QA/QC Goals:
Prior to the implementation of the ONOC Team, defining the goals of the team and the program is necessary.
The Forest Service is responsible to ensure the environmental change and monitoring requirements of the ROD
be followed and upheld. Some of the proposed goals of the ONQC Team and program are specifically aimed at
implementation requirements beyond the ROD.
Staff recommends the following goals for the ONQC Team and program:
1. The primary goal is to identify potential concerns wilh the construction process and on-the-ground
solutions to prevent increases in disturbance in water quality and water quantity of the City's water supply
for Reeder Reservoir within the Ashland watershed.
2. Assure that construction activities proceed in a timely manner and have a minimum negative impact with
respect to erosion and sediment control, and that construction equipment and processes are completed
without environmental hazards (spills, etc.).
Staff Report Mt Ashland Discussion
Enclosure (2) Page 1 of 8
3. Assure that recommended and required prevention and correction actions are taking place and are
meeting the required effects to protect the water quality and quantity of Reeder Reservoir within the
Ashland watershed. Accurately report the results of the monitoring.
4. Assure that pre-construction, construction, and post-construction impacts are measured 10 determine the
extent of impacts with respect to erosion and sediment control, and if any corrective action or remedial
actions are necessary.
5. Meet with MM and make recommendations to eliminate, reduce, and correct actual and potential
negative impacts with respect to erosion and sediment control due to the construction activities.
6. Report quarterly to the Ashland City Council, Forest Service, and the MM during the construction period
Composition:
OA/OC Team: As stated in the Council's resolution, "Ideally, the OAJOC team should be an independent team
of 2 to 4 persons specialized in soils and hydrology that coordinates with the City, MAA, and the Forest
Service. The OAJOC team should be formed prior to construction..."
The key to a successful ONOC Team is to ensure the right technical expertise is available to the team. The
technical expertise is necessary for soils, soils stabilization, erosion and erosion controls, hydrology and water
quality.
Public Works Director Paula Brown has met with MM and with a representative of a firm they have hired to assist
them with the initial steps toward the monitoring and site remediation options prior to construction. Michael Hogan
(Integrated Environmental Restoration Services, resume and references attached as enclosure (3)) has
developed a detailed monitoring program to initiate the pre-monitoring requirements that are in the ROD and that
have been discussed previously. Michael Hogan is also looking as some of the site conditions with respect to
initial planning for construction activities. Public Works Director Brown, Michael Hogan, MAA (staff and a board
member), and two staff members from the Forest Service discussed his plan and purpose at this initial meeting.
Michael Hogan will be at the study session to represent his group, present information, give Council a snapshot of
his prior work experience with environmental remediation projects, and will explain his approach with MM with
regard to monitoring and site specific conditions to the City Council.
Although MM has proposed using Michael Hogan and his leam as the OA/OC team, slaff recommends that the
Council appoint the OA/OC leam members. Council may wish to consider jointly funding any work thaI
consultants, including Michael Hogan, perform as part of OA/OC
OA/OC Advisory Group: In addition to Ihe technical OA/OC Team, staff recommends Ihe Council assign a ONOC
Advisory Group thaI would perform the coordination between the City, MM, and the Forest Service that is
required by Council's resolulion. Staff recommends this advisory group have the following membership:
City Public Works Director as Ihe primary lead 10 focus the ONOC direction, remind the Team of the
OA/OC goals for the process, prepare summary meeting notes, be responsible for administering the
OA/OC Team's contract and make payment authorizations as necessary, etc.
· A City Council Liaison to ensure policy direction is being implemented and to report back to the City
Council on an informal basis; gain Council approval for any changes in direction or policy goals, etc.
One or two community ad-hoc members who are familiar with prior water quality concerns and City
policies with regard to watershed protection as community oversight in the process.
· A Forest Service staff member as a federal partner 10 the process; identify Forest Service requirements,
explain Forest Service processes and procedures for ROD implementation and permit compliance
associated with the ROD; not advising City decision-making about implementation beyond the ROD.
Slaft Report Mt Ashland Discussion
Enclosure (2) Page 2 of 8
One to two members from MAA (staff and Board) to inlorm of the business and financial implicallons as a
business partner to the process.
The QNOC Advisory Group would meet with the ONOC Team, MM, and the US Forest Service on a monthly
basis during the construction periods so that the City and each agency are aware of the direction and concerns of
the ONOC Team.
QA/QC T earn Duties and Responsibilities:
1. Be available lor weekly site meetings for as much as twice a week on site discussions and monitoring.
Be available within a 24 hour notice to help with emergent decision making during the construction period.
2. Review construction plans and MAA work plans prior to any implementation to assure adequacy of
environmental preservation, erosion, and sedimentation measures (includes the Stormwater NPDES
permit requirements). The idea is to ensure this review happens during the plan development and prior to
formal agency review so that any recommendations are included in t-he final submission for agency
review.
3. Develop priorities for construction activities that stress protection of soils to ensure the site is stabile with
respect to erosion and sediment concerns prior to actual disturbance.
4. Recommend alternative site specific construction processes or preliminary restoration efforts to protect
wetlands, vegetated slopes and to improve the soils retention on site. The issue with this is help correct
site specific construction activities that are not working as well and to help define and implement better
solutions to help the process move forward in conjunction with the regulatory agencies and with the MM
construction contractor.
5. Recommend environmental protecllon measures with respect to construction vehicle/equipment fuel or
related spills Same intent as described in #4.
6. Work with MAA to understand the financial impacts of their recommendations with regard to change
orders to MAA's construction contract. Use the Advisory Group to assist in any disputes regarding the
financial impacts and relative environmental impact should disputes arise.
7. Inspect construction and environmental control measures to assure compliance with permits and agreed
upon preservation measures. Although the various regulatory agencies have the responsibility to ensure
compliance, the ONOC Team should embrace the responsibility to provide advice for corrections and
work with the MAA contractor for improvements. Assist with site specific improvements to overcome
permit violations with regard to environmental impacts.
8. Monitor East and West Forks of Ashland Creek in various locations upstream of Reeder Reservoir and at
the edges of the ski are expansion for turbidity impacts with respect to construction impact due to erosion
and sediment control.
9. Monitor other erosion treatment areas to ensure the desired effects of the 'cure" are being enabled, and
further suggesUrequire improvements to the corrective actions as necessary.
10. Work directly with the MAA and contractors to recommend and require corrective action or remedial
actions to eliminate or significantly reduce and control any negative impacts with respect to erosion and
sediment control. These recommendations would not only be the known Best Management Practices, but
also site specific treatments and modifications to site specific treatments to ensure the best possible
control measures.
11. Monitor recommended and required corrective actions and provide information to the ONOC Advisory
Group.
12. Conduct post-construction monitoring and recommendations for remediation to ensure correction to any
soil erosion concerns that may have surfaced after construction and any weathering on site in the
expansion areas.
13. Provide infonnation on all recommendations and required measures to the QNOC Advisory Group.
14. Develop and deliver formal quarterly reports to the City Council, MAA and USFS.
Staff Report Mt Ashland Discussion
Enclosure (2) Page 3 of 8
15. Attend council meetings (every other month) or other public meetings (quarterly) to advise Council and
the community.
QAlOC T earn Authority:
1. Approval authority on the design of on-the-ground implementation and control measures with respect to
prevention of erosion and sediment movements.
2. Approval authority to change the implementation process for the contractor to improve environmental
protection measures with respect to erosion and sediment controls.
3. Approval authority to change monitoring locations to beller provide data with regard to site specific
impacts relating to erosion and sediment controls.
4. Reporting authority related to on-the-ground implementation and control measures with respect to
prevention of erosion and sediment movements.
5. Authority and responsibility to notify City, MAA, and USFS whenever potential permit violations are
evident. (May be duplicative of regulatory responsibilities, but this eftort should compliment corrections to
enforcement actions, not enforce permit violations). Assist with site specific improvements to overcome
permit violations with regard to environmental impacts.
6. Authority to alert enforcement agencies (COE, NMFS, OSL, OEO, EPA, etc.) if actual violations occur.
Notification to City, MAA and USFS to occur concurrently (May be duplicative of regulatory
responsibilities, but this effort should compliment corrections to enforcement actions, not enforce permit
violations). Assist with site specific improvements to overcome permit violations with regard to
environmental impacts.
QA/OC Advisory Group Authority:
1. The OAlOC Advisory Group recognizes the partnership for the expansion of the Ski Area and ensures
that all of the entities have a forum for open discussion of any concerns with the construction process and
it's aftects on the environment.
2. This group is advisory ONLY and has no inspection or authority to require changes.
3. This group participates in the discussions with the technical OAlOC Team, but has no authority to
override the OAlOC Team's direction to MAA or its contractors.
4 Assist in any dispute resolutions regarding the financial impacts and relative environmental impact should
conflicts arise.
5. This group will report to its constituent group and will advise as to how its group would react.
Contract and Financing:
1. City and MAA share equally in the cost of the OAlOC Team
2. City and MM equally contract for the OAlOC Team services
3. City or MAA or the OAlOC Team can sever the relationship with 30 days notice (will be a provision in the
contract).
4. City's rep for the contract administration is the Public Works Director
5. City's financing will come from the Water Fund
If City Council concurs with these recommendations it is recommended that a memorandum between the parties
be developed.
Staff Report MI Ashland Discussion
Enclosure (2) Page 4 of 8
MAA Business Plan
SECTION 2. The City of Ashland requests that Mt. Ashland AssoCiation provide a Business Plan showing capital
expenditure and operating projections for the planned expansion. The City Council may retain an independent
accounting firm to review the Business Plan. The requested Business Plan should include these elements..
· Projected construction expenditures for each year of the expansion build out.
Projected sources of funds for financing the expansion for each year of the build out.
Projected operating revenues and expenses reflecting historic skier visitation variability for at least a 10-
year time frame during and after the expansion build out
Sources of funding for financing restoration/rehabilitation reserves.
· Sources of funding for financing the OAfOe team.
The City will request MAA to provide an annual update to the business plan until build out of the expansion has
been completed.
Discussion
At your September 6 work session, MAA will present this business plan
Mount Ashland Association submilled the document included as AIlachment4 as their business plan on August 9.
MAA acknowledged in the leller transmitting the business plan that the documents that they submitted did not
meet the resolution's request for a ten year business plan. In their letter, MAA states that "The resolution requires
a 10 year plan, but at this point MI. Ashland is only committing to Phase One, and any subsequent additional
phases will be done on an as needed basis. We will provide the City of Ashland with an additional business plan
when we project the need for the next phase of construction."
Staff has reviewed the very general information in the documents submitted. Because they have included only
summary information, we can draw only one major conclusion from the material. MAA assumes that 100% of the
capital construction costs (of $3.7 million) will be raised from donations and grants. They do not plan to have any
operating revenue go towards construction, and do not plan to finance the construction. Hence, they have not
included any refinancing or repayment costs in their expense projections.
The summary data presented by MAA shows that MAA will face an operating loss the first year after expansion,
with significant growth in profits in years 2 and 3, as shown in the following table
Projected Projected ProfiU
Revenue Expenses (1055)
Year 1 $346,000 $398,500 ($52,500)
Year2 $1,032,000 $812,400 $219,600
Year 3 $1,720,000 $939,200 $780,800
Martha Bennell and Paula Brown met with Bill lillie and Kim Clark of MAA on August 30, 2006. At that meeting,
we told MAA that we do not believe that the business plan meets the criteria of the resolution in several ways. For
example:
Staff Report Ml Ashland Discussion
Enclosure (2) Page 5 of 8
· The business plan does not include any detail about expenditures of revenues. We do not know even
which major categories of expenses (e.g., personal services, utility costs, etc.) are changing. The same is
true for revenues. Are revenues increasing from season pass sales, lift tickets, rentals, or other sources?
· No analysis of the existing operations or expenses is included. The materials submitted by MM do not
include any data of the financial status of the current operation. Although the City has prior financial
reports (in other words, we could figure that out, at least up until the end of FY 2005), we would have
expected to see the business projections for the entire MM operation.
· The plan assumes a "straight-line" increase in visits without including any history. In other words, each
ski season is different because the snow is different each year, but the materials submitted do not use
historic data as a way to account for the potential variations in visits.
MAA has informed us that they do have a more detailed business plan. MAA states that they are concerned about
releasing proprietary information because they do not wish to give information to their competitors. Staff believes
that Council needs more detailed information to determine whether the expansion makes sense economically.
Staff suggests two possible ways to accommodate MAA's desire to protect confidential information. Council
could:
· Request that MAA submit a more complete business plan as a confidential document under (ORS XXXX).
Council can then schedule an Executive Session to hear a presentation from MAA on the business plan
as allowed by ORS 192.660. There is a risk to MAA that, if a public records request were made, it is
possible that the City would need to release a document if it is not found to truly be confidential.
· Hire an independent financial consultant to review the more d~tailed business plan and develop a
summary report, with findings for the City. The resolution states that the City has the right to retain an
"auditor" to evaluate the business plan. Staff believes that rather than an auditor, we would need to retain
someone who regularly reviews business plans, such as a loan officer, a grantor from a foundation, or a
person who works to develop business plans (such as at SOU's small business development center).
This person could review the details and provide an opinion to the Council.
Staff Report Mt Ashland Discussion
Enclosure (2) Page 6 of 8
Cost Estimates for Removal and Restoration
SECTION 1. The City Council shall take reasonable steps to estimate the cost of removal and restoration,
including the planned expansion area, in accordance, at a minimum, with the restoration standards specified by
the Forest Service Environmental Assessment and Decision Notice of April 1992 (Alternative C). Reasonable
steps shall include an initial inquiry of the US Forest Service for an estimate. If the US Forest Service is unable to
or refuses to provide such estimate, the City will take such other reasonable steps as it determines prudent to
estimate the costs of restoration. The City Council will make reasonable efforts to reach a mutual agreement with
Mt. Ashland Association regarding the maintenance of reserves, bonding, or other security to fund the estimated
cost of the ski area restoration.
StaWs review of Alternative C of the 1992 Environmental Assessment (EA) defines that alternative as "moderate
level of restoration that would restore the ski area to a level that the Forest Service deems necessary to stabilize
the site and keep erosion and mass wasting minimal" There are nearly four pages of mitigation measures
defined for specific waterbars, berms, re-seeding, tree planting, culvert removal, etc. to be used in the restoration
activities The 1992 EA identifies 97,810 square feel of disturbed area in buildings, parking, lifts/terminals and
roads. The relative cost (1992) to restore the site was estimated at $133,000 to $195,000. Today's costs
assuming a 3% annual infiation (1.558) puts those estimates at $210,000 to $305,000. An appendix to the 1992
EA identified additional existing conditions at the skI area that"... require al1ention during restoration" but were not
apparently included in the estimated costs.
The 2004 Final Environmental Impact Statement, Volume 3, Appendix F (November 2002 Status Report on the
1992 MI. Ashland Ski Area Restoration Environmental Assessment Document Ten Years Later) clarified the word
"restoration" to include statements in the 1994 Northwest Forest Plan" 'restoration' is typically a watershed goal
where actions are identified to return watershed functions to previous and/or functional conditions. NWFP actions
typically involve in-stream actions to restore conditions. This should not be confused with site 'reclamation', as
was the intent of the 1992 plan."
The November 2002 Status Report reviewed the additional sites (35) annotated in the 1992 EA Appendix, which
identified such items as areas of bare soils, erosion gullies, additional road surfaces, sewage system (installed in
1992 and replaced with a new Sequential Batch Reactor package plant in 1999) and the fuel tanks (which were
removed in 1994 through DEQ permitting). Each of the sites was visited in October 2002, photographed and has
its own assessment with the majority of the 35 sites requiring some level of additional restoration work. No cost
estimates were provided in this assessment of restoration work and the majority of the recommendations included
maintenance of waterbars, some revegetation, some erosion prevention, etc.
In a letter from the Rogue River National Forest to Mr. Merle Brooks (October 3, 1991), there was an estimate
completed with regard to "...activities to 'restore the site' if the Mt Ashland ski area closes." As stated above, this
is more along the lines of reclamation as defined in the NWFP. The costs were estimated at $125,000 to
$175,000 for erosion control measures and an additional $750,000 to dismantle buildings, towers, etc. Converting
to 2006 dollars (3% inflation - factor 1.6047) this equates to $200,600 to $280,800 for stated erosion controls and
$1,203,500 for the fixed facilities.
Ed Olson (Interim Public Works Director) analyzed conditions specified in Alternative C and estimated $300,000 to
$400,000 to complete the work (memo dated November 30, 2005).
Per Council's resolution, staff has discussed the need for an updated estimate from the Forest Service. The
Forest Service's initial response (October 11, 2005) indicated "under the City's current agreement with the Mt.
Ashland Association (MAA), the City requires MAA have $200,000 available in 'readily available assets.' The
StaH Report Mt Ashland Discussion
Enclosure (2) Page 7 of 8
Forest Service believes that this amount would cover costs of dismantling and restoring the current ski area" The
ROD requires "this amount will be proportionately adjusted to account for any increase in developed area. At this
time, the Forest Service is awaiting the outcome of current litigation regarding the projects and activities
authorized in the ROD. We are also awaiting an implementation schedule from MAA. The Forest Service will not
provide a new estimate or restoration costs until after the litigation issue is decided..." Recent discussion
between City staff and the Forest Service indicate the Forest Service will provide updated cost estimates once the
judge rules and once the MAA work plan has been approved. Staff will continue that discussion with the Forest
Service.
At this time, without a new assessment of the current ski area, and without the assistance from the Forest Service
in implementation schedules for the MAA expansion area, there is no new accurate estimate for restoration
Review of the basis for prior estimates, and looking at the definition of restoration, it is felt that $450,000 to
$500,000 will cover restoration work within the current site. Full reclamation efforts would be significantly more
involved and cost more to implement.
Related Issues
As part of preparing this staff report, staff also looked at the terms of our lease agreement with MAA for
restoration. This agreement requires a minimum of $200,000 Liquidation Value of the assets to be held for
restoration.
Staff assumes that if the ski resort closed due to financial difficulties there would be no cash available and real
(permit) property could not be liquidated to pay restoration costs. That leaves assets deemed improvements and
personal property (i.e. ,equipment) Staff reviewed material from MAA to determine whether there is sufficient
value in the equipment to cover the $200,000 requirements. At this time, we do not know whether the liquidated
value of the equipment covers the minimum amount required by the lease because we do not have expertise in
the resale value of ski area equipment For example, it will take an industry expert to asses the value of rope
tows, chair lifts, snow cats, etc. to give a good estimate of what might be generated by a "fire sale" to meet
restoration requirements.
Although the lease envisions restoration if MAA fails, staff assumes that it is possible that some other operator
might take over if MAA ends, possibly removing the immediate need for restoration. If not, actual restoration
requirements could take months to negotiate and fund and could be a larger amount if reclamation is required.
The existing contract does not provide for changing how the restoration amount is calculated, including additional
monies for reclamation.
If Council is concerned that the restoration costs of the existing ski area are under funded should the resort cease
operation, then an appraisal of assets needs to be performed per the 1992 agreement. That would require hiring
a professional to do the appraisal. If the liquidation value of eligible assets is 110% over the calculated amount
per the contract (approximately $300,000 at this time) then the city would pay for the review and have no leverage
to require MAA to deposit money into a trust account. If the estimated liquidation value is less than $330,000 (the
110% target) MAA would pay for the appraisal and the city could require cash be deposited in a trust account. An
existing pool account managed by the city could serve in this fashion. Deposited monies would not be released
until such time as MAA proved other assets with sufficient liquidation value are in place. Staff will pursue an
appraisal at Council's direction.
Staff Report Ml Ashland Discussion
Enclosure (2) Page 8 of 8
A brief resume for Michael Hogan, MS
Integrated Environmental Restoration Services, Inc.
3/30/06
Michael Hogan is a soil scientist and restoration specialist who lives and works in the
Lake Tahoe Basin. He holds a masters degree in soil science from UC Davis and a
bachelor's degree in soils and hydrology from that same university. He is a principle of
Integrated Environmenta] Restoration Services, Inc. (lERS), a consulting and contracting
business dedicated to improving erosion control and restoration projects in the Sierra
Nevada. Michael has worked on a number of projects focused on erosion control and
restoration project innovation, improvement and information sharing. He developed the
Caltrans Sediment Control Demonstration and Development program, authored the
Revegetation Guide]ines for Nevada Tahoe Bond Act erosion control projects, and has
developed success criteria and monitoring protocols for Nevada State Lands, Caltrans,
the Lahontan Regiona] Water Quality Control Board and a range of construction partners.
He also pioneered the collaborative ski area ~ agency partnership, the California A]pine
Resorts Environmenta] Cooperative (CAREC) with which he produced the Sediment
Source Control Handbook. He focuses on small scale restoration projects, developmental
projects and incorporates research into these projects wherever possible. He works with a
broad range of entities on small and large projects, including Nevada and California
counties, the California Conservation Corps, Cahrans, the State of Nevada, UC Davis, as
we)) as private landowners, conservation organizations, and development partners. He
and IERS have worked with the Lahontan Regiona] Water Quality Control Board,
Truckee River Watershed Council and local developers to create BMP and SWPPP
training and implementation that focuses on practical,functional and innovative solutions
to short and long term BMPs. He is the President of the Tahoe Chapter of the California
Native Plant Society and the past president and current board member/education chair of
the California Society for Ecologica] Restoration (SERCAL).
Michael Hogan Info
Enclosure (3)
Contacts-references for Michael Hogan
~.
Name AffLIiation Position Phone
Executive Officer --
Harold Singer Lahontan Regional Water (530) 542-54] 2
Quahty Control Board
Division Head, Enforcement .~..-
Scan Ferguson Lahontan Regional Water (530) 542-5432
Quality Control Board Division
John Smglaub Tahoe Regional Planning Executive Director (775) 588-4547 x 253
Agency
Carl Hasty Tahoe Regional Planning Deputy Director (775) 588-4547 x236
Agency
Sue Norman USFS- Lake Tahoe Basin Director- Momtoring and (530) 543-2662
Management Umt Adaptive Management
Programs
Gary MJlJOff Mltkiff and Associates- President (775) 588- ] 090
Environmental Planmng
Peter Kratz Placer County Public Head-Tahoe (530) 58 I -6230
Works Division! Assistant Director
Paul Petlersen Nichols Engineering Partner/Head of Tahoe (775) 329-4955 x I 20
Erosion Control DIVIsion
LJsa Wallace Truckee RJver Watershed Executive Director (530) 550-8760
Council
Susan Clark California Society for Executive Director (661) 634-9228
Ecological Restoration
Joan Clayburg SIerra Nevada Alliance Executive Director (530) 542-4546
BlaIse Camg Heavenly Valley Resort President (775) 586-23] I
John Freldnch League to Save Lake Tahoe Planning Director (530) 54 I -5388
John LoomJs Northstar at Tahoe Resort Operations Director (530) 562-22] 3
Randy Southard UC Davis Associate Dean of (530) 752-0233
Environmental Sciences
Jim Culver LSA Associates Princip I e- retired/men t or (206) 780- I 587
Monica Finn Caltrans Biologist (916) 799-6285
Michael Donahoe Sierra Club-Tahoe Chapter President (775) 588-5466
Michael Hogan Info
Enclosure (3)
Mt.jc~shland
\OJ [E ~ ~ 0 \D [E \\~\
\~\ AUG 0 9 2006 ~J
August 8,2006
Martha Bennet1
City Administrator
City of AshJand Administration
20 E. Main Street
Ashland, OR 97520
By_
-=
Dear Martha,
In response to the City of Ashland Resolution No. 2005-35 the Mt. Ashland Association
and the Mt. Ashland Ski Area respectfully submit the two enclosed documents in
accordance to section I and section 2 of the resolution.
In response to section I, the restoration standards, is our let1er of agreement to abide by
and provide for the restoration vaJuation, as established by the Untied States Forest
Service of the Mt. Ashland Ski Area. ]n response to section 2 is the expansion business
plan. This plan is for a five year projection as that encompasses the Phase One of our
plarmed expansion project and clearly shows our ability to operate and cover all costs
associated with the project. The resolution requests a ten year plan but at this point Mt.
Ashland is only committing to Phase One and any subsequent additional phases will be
done on an as needed basis. We will provide the City of Ashland with an additional
business plan when we project the need for the next phase of construction.
Section 3 addresses the QAiQC Team and Mt. Ashland continues to work with city staff
on this issue within their timeframe. Mt. Ashland has hired what we feel is an extremely
qualified company, Integrated Environmental Restoration Services, to oversee a]] of our
construction activities and mitigation/restoration projects and wi]] make available to the
City of Ashland and the general public a]] findings and recommendations. We have done
this independently as we feel this is a perfect example of our willingness to go beyond the
requirements as described in the approved expansion documents governing this project.
]f you have any further questions please feel free to contact us at any time.
Sincerely,
..,
~~
](jm Clark
General Manager
Mt. Ashland
541-482-2897
kclark@mtashland.com
. " , -l.\:' I,'!
P.O. Box 220 . Ashland, OR 97520-0008' Shipping Address: 693 Washington Street
Office: 54]-482-2897' Fax: 541-482-3644' Snow RepOr1: 541-482-2754 or 541.770-2754
Email: info@mtashland.com . web www.mtashland.com
MT. ASHLAND SKJ AREA
BUSJNESS PLAN
EXPANSION PROJECT AS APPROVED BY
THE USFS RECORD OF DECISION
SEPTEMBER, 2004
Prepared August 9,2006
This business plan is for Phase I of the approved expansion plan as outlined below.
Internally Mt. Ashland has applied a phasing plan to all approved improvements as
detailed in the Record of Decision issued by the United States Forest Service on
September, 2004. Initial phasing has been divided into three phases. Phase one is the
backbone of all future development at M1. Ashland. Subsequent phases will be based on
the needs of our guests, positive cash flow analysis of the phases and adequate funding
capabilities. Mt Ashland year-end financials for the fiscal year 200512006 will be
available by October 2006 pending finalization of the independent review process.
Phase] Jmprovements- The following components are the major improvements
contained in phase 1:
· Clearing and preparation of 16 trails in the C-6 expansion area (71 acres)
· Clearing and preparation on existing runs for flow and safety concerns (4
acres)
· InstaHation of one fixed grip triple chair - C-6 expansion area
· Addition of an interim lodge at the base area (app. 8000 sq ft)
· Addition of a warming hut (yurt type) lodge at the top of C-6
· Additional parking at the base area
Phase] financing- M1. Ashland will be starting a capital fund-raising campaign with a
goal of $3,200,000.00 as soon as we receive the final approval for the project. M1.
Ashland has approximately $500,000.00 on hand and in pre-commit1ed funds from
donors to start the project. We have recently hired a full time Development Director to
lead our capital campaign. This person will be working with both individuals and Civic
organizations who have pledged their time and support of the project.
Phase) Operational Revenue and Expense projections- Our operational cost to
support the infrastructure of the project will increase our current budget by approximately
I 5%, including funding depreciation. Conservative estimates as low as 20% increase in
revenue from new business will provide a net profit of $390,000 per season using this
past year's revenue per-skier-day amount. The USFS estimates that the project will
increase usage by a minimum of 30%. With these nwnbers Mt. Ashland will be able to
keep affordable winter recreation in our region for many years to come and the expansion
will not contribute to increased consumer cost.
Phase] cost analysis-
Financing
Pre-committed funds
Capital campaign-year] &2
Subtotal=
$500,000.00
$3,200,000.00
$3,700,000.00
Improvements
Mountain preparations (lifts and runs)
Buildings
Lifts
Parking and grading
Miscellaneous
Power
Roads
Watershed projects
Other related costs
Contingency fund
Subtotal=:
$] 52,500.00
$870,000.00
$] ,002,000.00
$785,000.00
$52,50000
$] 65,000.00
$5,000.00
$] 0,000.00
$285,000.00
$373,000.00
$3,700,000.00
Revenue projections (after COG)
Year] (] 0,000 additional visits)
Year 2 & 3 (l5,000 additional visits per year)
Year 4 & 5 (25,000 additional visits per year)
Subtotal=:
$346,000.00
$] ,032,000.00
$] ,720,000.00
$3,098,000.00
Expense projections
Year] (] 0,000 additional visits)
Year 2 & 3 (] 5,000 additional visits per year)
Year 4 & 5 (25,000 additional visits per year)
Subtotal=
$398,500.00
$8]2,400.00
$939,200.00
$2,] 50,] 00.00
TOTAL NET PROFIT AFTER 5 YEARS=
$947,900.00
Summary
This project is self-supporting financially and will add to the overall bottom line of M1.
AshJand Ski Area. This makes significant contributions in two distinct ways.
First it will provide a much needed terrain balance at the area enabling us to serve a
larger, more diverse skiing and snowboarding population. This will keep more do]]ars in
the Rouge valley instead of going out of state or the region. ]t wi]] provide more jobs at
Mt. Ashland during the slower winter months of the tourism yeaL
Secondly, and most importantly it will not add cost to the consumer for a day or season of
recreating on Mt, Ashland as it would be self-sustaining in revenue versus expenses.
The bottom line is this is a great project that wi)) open up the world of wimer recreation
to more of our residents and youth, and keep them returning for years
Mi.~\.shland
August 8, 2006
Martha Bennet1
City Administrator
City of Ashland Administration
20 E. Main Street
Ashland, OR 97520
Dear Martha,
In accordance with the City of Ashland Resolution No. 2005-35, section] Mt. Ashland
Association and Mt. Ashland Ski Area agree to fully work with the City Council and the
United States Forest Service on the cost estimate for the removal and restoration,
including the planned expansion area, of all improvements and impacts. This initial
valuation wi]1 be provided by the United States Forest Service upon the outcome of the
legal proceedings pending under advisement at this time. We agree to work with the
Council to reach a mutual agreement regarding the maintenance of reserves, bonding, or
other security to fund the estimated cost of the ski area restoration.
Sincerely,
?-~~
Kim Clark
Genera] Manager
Mt. Ashland
54] -482-2897
kc1ark@rntashJand.com
P.O. Box 220, Ashland, OR 97520-0008' Shipping Address: 693 Washington Street
Office: 541.482-2897. Fax: 541-482-3644' Snow Report: 541-482-2754 or 54].770-2754
EmaiJ: info@rntashland.com . web www.mtashland.com
.~\ 1< 1 :\'~., 1 ! _ :'. ~-"!:)
City of Ashland, Oregon - Agendas And Minutes
Page ] of 5
City of Ashland. Oreqon / ~i1Y.j:;:ouncil
City Council - Minutes
Wednesday, September 06, 2006
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
September 6, 2006
Civic Center Council Chambers
1175 E. Main Street
CAll TO ORDER
Mayor Morrison called the Study Session to order at 5: 15 p.m. in the Civic Center Council Chambers.
RO!"l CAll
Councilors Silbiger, Hartzell, Amarotico, Hardesty, Jackson and Chapman were present.
1. Discu~~ion of Mt. Ashland
City Administrator Martha Bennett noted two errors on the Council Communication: 1) the ORS
reference should read ORS 192.502(4), and 2) Staff Recommendation #5 should have reflected the fact
that the figures need to be adjusted for inflation.
Public Works Director Paula Brown presented conceptual ideas for the Quality Assurance/Quality Control
(QA/QC) Team. She explained this team has to be the technical advisors and have authority to tell Mt.
Ashland Association what needs to be changed during construction. She commented on the issues of
erosion and sediment control and stated the team must addresses these issues before and during
construction. Ms. Brown clarified the purpose of the QA/QC Team is help move construction activities
along in an environmentally appropriate manner so there are no soil and erosion issues from a water
quality and quantity standpoint. She stated this team needs to be involved in the planning for
construction activities and will help to make assessments and changes as needed. Ms. Brown
recommended the City and the Mt. Ashland Association share costs for the technical services of the
QA/QC Team.
Ms. Brown clarified the project manager for the construction project is different than a QA/QC team.
She also commented on the formation of an Advisory Group which would assist the City Council, Mt.
Ashland Association, the Forest Service, and the community to provide input. She noted this element
was missing from the role of the QA/QC Team. Ms. Brown clarified the Advisory Group would consist of
one City staff member (Ms. Brown), a City Council liaison, a Mt. Ashland Association staff or board
member, a Forest Service staff member, and one to two community members that have a water quality
background and interest.
Bill Little of Mt. Ashland Association addressed the Council and introduced project manager Michael
Hogan. Mr. Little clarified Mt. Ashland Association has not formally requested that Mr. Hogan be part of
the QA/QC Team and clarified Mt. Ashland Association will utilize Mr. Hogan's services throughout this
process.
Mayor Morrison briefly addressed the audience and explained the meeting process that will be utilized.
Mr. Hogan addressed the Council and delivered a slide show presentation which covered:
. Models/contexts for restoration and erosion.
. Three categories of function: hydrologic, nutrient cycling, and energy capture.
. Elements of repeatable success: process, practice, monitor, and feedback.
. Implementation testing and assumptions.
. Infiltration data and sediment yield.
. Variables for site stability.
. Success criteria.
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City of Ashland, Oregon - Agendas And Minutes
Page 2 of 5
. Process outline.
. IERS activities.
Mr. Hogan recommended the QA/QC Team members have ecological expertise and noted the
importance of having clear goals. He also recommended the team be made of members that have a
tract record of working together and a level of trust and integrity along with expertise.
Council asked for clarification of Mr. Hogan's arrangement with Mt. Ashland Association. Mr. Hogan
stated it has been on an "as we go" basis. He clarified he was hired to get ahead of some of the
baseline monitoring and has been asked to assist with the planning stage and perhaps provide oversight
for implementation. Mr. Hogan commented on the need to establish specifications for restoration and
erosion control and stated this needs to be integrated into the engineering elements of the whole
process. He recommended the QA/QC Team be brought together early on and stated this team and the
planning team will need to work as an integral unit from the beginning.
Council briefly discussed the meeting process they wanted to follow and it was suggested that another
meeting may be necessary to work out all the details.
Council asked for Mr. Hogan's opinion on what would happen with restoration if the ski area was no
longer being utilized. Mr. Hogan stated he sees potential through this project for a general improvement
of the overall water quality in the watershed. He stated most of the ski runs to be cut will only have the
trees taken off and equipment is not to be placed on most of the slopes. He stated when this happens,
nature does not leave a void and the overstory will open, the shrubs will respond, and it mimics a forest
opening. He stated the soil will still be intact and functioning and you see a different vegetation
succession. He added the areas of concern are the long traverse that goes to the bottom of the new lift
and the grating near the top of one of the beginner runs. He explained the plan he will bring forward if
asked will be to bring those areas to a functional state that will be as stable and as able to infiltrate
water as the native areas, with the exception of the surface of the run itself.
Mr. Hogan commented on the term "capital". He stated to go forward the money will have to be
capitalized correctly; however this term is also used in terms of restoration and refers to organic matter
and functional elements. He stated there are ways to keep the ecological capital without spending a lot
of money and involves careful, upfront planning and internal cycling of materials.
Mr. Little stated he hopes they have adequately demonstrated that Mt. Ashland Association is truly
concerned about quality and are willing to make the investment to do the best job possible. He shared
his concerns that this process will become more political than scientific and requested the City and Mt.
Ashland Association work together to develop the guidelines.
Ms. Brown suggested that Mr. Hogan be a part of the QA/QC Team and recommended that candidates
be identified within the next two weeks. Council was asked to forward their recommendations for the
composition of the QA/QC Team and Advisory Team to Ms. Brown.
MAA Business Plan
City Administrator Martha Bennett relayed Mt. Ashland Association's concern about releasing proprietary
data about their operations to competitors. Ms. Bennett proposed two ideas to deal with this issue that
would provide the City the level of detail necessary to analyze the summary data provided in the
business plan.
Idea 1: According to ORS 192.502(4), Mt. Ashland Association can submit documents to the City in
confidence and the City can keep those documents confidential. However, there is some risk that
someone would request this information from the City and the District Attorney would end up
determining whether the City must release the information.
Idea 2: The City could bring in an outside expert to meet with Mt. Ashland Association in confidence,
review the business plan, and issue a summary report to the City.
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City of Ashland, Oregon - Agendas And Minutes
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Mt. Ashland Association board member Joan Thorndyke addressed the Council. She stated in terms of
the business plan, they are going to follow their legal counsel's advice. She stated the Association has
submitted an abbreviated form of the business plan and at this time the abbreviated version is as much
as they can provide. Ms. Thorndyke stated the business plan will not be provided until Judge Panner has
ruled on the pending court case and their legal counsel has permitted them to release this information.
Mr. little added Mt. Ashland Association's legal counsel has strongly advised against them releasing any
additional financial information to the City while there is pending litigation and appeals, and has stated
the information contained in the detailed plan could be used in the current litigation and it is against
their best interest to release this information to the City.
Council asked Mr. Little if the independent review option was possible and he stated he would discuss
this option With their legal counsel.
Council commented on the two options presented by Ms. Bennett. Some concern was expressed with
option one and the City's inability to guarantee the documents confidentiality. In regards to the second
option, statement was made that the summary report from the outside expert might not respond to all
of the Council's questions and the City would have to carefully articulate what they want included in the
summary report. Comment was made that the City and community need assurance that they will be
protected if things don't go right on the mountain. Additional comment was made requesting assurance
from Mt. Ashland Association that they will not cut down trees until there is adequate funding to
complete the job.
Ms. Thorndyke noted Mt. Ashland Association intends on discussing the issue of climate change with the
City. Mr. Hogan made assessment that over a period of thirty years, the forest could restore itself.
It was questioned why Mt. Ashland Association would proceed with cutting down trees until all of the
legal and financial questions have been resolved. Mr. little stated their responsibility is to protect the
interests of their stakeholders and to provide recreation services. He stated it would be irresponsible for
them to make a commitment on how they will proceed without knowing how Judge Tanner will rule,
how the Forest Service will respond, and how their legal counsel will advise. He stated they need to be
prepared for all contingencies and assured the Council they would not act without first talking with the
City.
Staff was asked to clarify why the City would have an interest in the timber, but not the trees. City
Attorney Mike Franell explained the City has given permission to Mt. Ashland Association to use the
resource on the mountain, but has retained ownership of the permit property and the equipment under
the lease. Because the lease specifically names equipment separately from the permit property, he
believes there is a financial interest on the part of the City in both the equipment and the timber, but
we have signed away the interest in the use of the land as long as it is in accordance with the lease.
Comment was made voicing support for the independent auditor to review the Mt. Ashland Association's
business plan and to report back to the Council. Additional comment was made requesting the QA/QC
Team be in place before trees as cut.
Cost Estimate for Removal and Restoration
Ms. Brown stated the adjusted cost for restoration is $400,000-$500,000 and explained how she
obtained this figure and determined the definition of "restoration". She noted the reclamation costs
would go well beyond this figure and clarified any change in the definition of restoration would have to
come from the Forest Service. Ms. Brown stated that City staff is not qualified to verify the value of the
liquid assets on the mountain and the City would need to hire someone to perform this appraisal. She
added cost for this service would be approximately $10,000.
Ms. Brown clarified the difference between reclamation and restoration and stated reclamation is putting
the land back as if there was never any ski area.
Ms. Bennett questioned whether Council wanted staff to pursue the liquid asset appraisal. She clarified
if the value of the assets are less than the $294,000 figure, staff require Mt. Ashland Association to
securing the balance. If the assets are greater than 10% of $294,000, the City would be responsible for
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City of Ashland, Oregon - Agendas And Minutes
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paying for the appraisal.
Mr. Little questioned if Mt. Ashland Association should submit a summary of their assets from their
accountant as a preliminary document.
Administrative Services & Finance Lee Tuneberg Finance Director explained Mt. Ashland Association
could submit a listing of assets, however the City is interested in liquidation value. He explained the
provision for obtaining the appraisal, which is outlined in the lease agreement, and recommended the
City hire an appraiser who is familiar with the ski industry.
Council reached consensus to have staff move forward with the liquid assets appraisal.
Councilor Hartzell left the meeting at 7:40 p.m.
Paul Copeland/462 Jennifer Street/Disagreed with the statement made that cutting timber would
not cause disturbance. Mr. Copeland stated in order to have usable ski runs there will be need to be
some blasting after the timber falling is complete. He stated Mt. Ashland Association has grossly
minimized what the ground disturbance will be and noted local experts have indicated the timber would
never grow back due to the type of soil and because it is an alpine area.
Bryan Holley/324 Liberty Street/Stated the City is being "zoomed" by Mt. Ashland Association. He
voiced his objections to the reasons Mt. Ashland Association gave for not releasing their business plan
and stated if they won't provide this information, this City should pull their permit. Ms. Holley stated
100% of the community needs good quality drinking water, however only a small portion skis. He
stated most of the people in town are opposed to the expansion and stated they are being held hostage
by a small minority. He questioned who Mr. Little was referring to by "stakeholders" and stated former
mayor Alan DeBoer should have recused himself from the previous decisions that were made.
Chris Uhtoff/78 Fourth Street/Stated he is a skier who loves skiing at Mt. Ashland and does not feel
Mt. Ashland Association is representing the skiing community very well. He stated they have double the
price of ski passes and it is now one of the most unaffordable ski areas on the west coast. Mr. Uhtoff
stated Mt. Ashland has the greatest potential by being a small, affordable ski area that services the
community and claimed the Association does not want to share their business plan because they do not
want the City to know how much they spend on administration.
Mat Marr/31 Union Street/Commented on Ms. Thorndyke's statement that they need to talk about
climate change and stated he completely agrees. Mr. Marr submitted a study done by Oregon State
University titled "Mapping At-Risk Snow in the Pacific Northwest" into the public record. He stated the
ski industry in the northwest is doomed and within the next 35 years the number of warm snow winters
at Mt. Ashland will increase from 7% to 42%. He stated these types of winters are what forced the
previous ski area out of business and commented on the City's need for water. Mr. Marr requested the
City not give their written consent until Mt. Ashland Association has met the terms of the agreement
and stated the trees on the expansion site are second generation spruce trees and will not be the first
trees to sprout when the site begins to re-grow.
Nick Frost/224 Third Street/Voiced his distress by the Council's unwillingness to acknowledge that
they are in a bind. He stated the City is liable if the plan fails, and stated they are unable to make an
informed decision without the Association's business plan. Mr. Frost commented on the combative
attitude being displayed and requested Mt. Ashland Association cooperate with the Council and work to
find a solution that will bring unity to Ashland.
Eric Navickas/363 '12 Iowa Street/Stated the majority of this community is clearly opposed to this
development proposal. He noted the City's Comprehensive Plan clearly states the City should oppose
developments in the municipal watershed or any project that would have adverse affects on the
watershed. Mr. Navickas noted he hiked the expansion area today and ran into Mr. Hogan and his crew
who were performing a rain water study. They told him they were seeing a lot of sediment coming off of
areas that had been impacted by the current development. He stated this is work that should have been
done ten years ago and commented on the poor condition of this area. As one of the litigants in the
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City of Ashland, Oregon - Agendas And Minutes
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current court case, Mr. Navickas stated there is no way they the financial plan could be used in court
against Mt. Ashland Association.
Linda Richards/245 East Nevada Street/Commented on her work with one of the previous appeals
and the Forest Service's response. She stated there have been extensive predictions made on what will
happen with climate change and stated recreation needs must be challenged in order to protect the
City's water. She asked the Council to think of the future and how much our children will need that
watershed.
Jim Steitz/357 Vista Street #5/Stated the ski resort operators have a very acute skill for picking
very bad places to expand. He stated they claim to be good stewards, but have picked some very
vulnerable and rich areas to go into. Mr. Steitz stated the Association is suppose to be operating this
resort for the public, but are doing things that are not in the City's best interest, like withholding
information. He stated they are not suppose to be working on their own behalf, and believes the
"stakeholders" they refer to are the members of the board.
Councilors Silbiger and Amarotico left the meeting at 8:05 p.m.
Tom Dimitre/901 Beach Street/ Asked the Council to make sure Mt. Ashland Association complies
with agreement and ensure they have raised the adequate amount of money before they are allowed to
proceed with the expansion. As a taxpayer of the City of Ashland, he requested the Council protect the
citizens from this liability.
Tom Rose/430 Wiley Street/Statement detailing how MAA has failed to meet the goals of Resolution
2005-35 was read into the public record.
ADJOURNMENT
Meeting adjourned at 8: 11 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
End of Document - Ba~Uo Top
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6/l 5/2007
CITY OF
ASHLAND
June 19, 2007
Re: Mt. Ashland Ski Area Expansion Project Activities
- Specific Direction Regarding the Timber Settlement Sale Contract
Linda Duffy, District Ranger
Ashland Ranger District USFS
645 Washington St.
Ashland OR 97520
Dear Linda:
As you are aware, the City and Mt. Ashland Association (MAA) have been in and out of mediation
discussions with regard to the process with which to move forward on expansion activities. The Forest
Service has honored the City's October 3, 2006, request for change in practice with regard to the
relationship between the USFS and the City, and the City's sublease, MAA, for current expansion activities
within the SUP and expansion boundaries. That change in practice requested that the USFS deal directly
with the City for all ski area expansion related permits and plans. This change in practice only relates to
the expansion process, not to routine winter or summer operation of the ski area.
With good faith and in the interest of moving forward with the ski area expansion and future mediation with
MAA, the City is authorizing the USFS Timber Settlement Sale Contract to be authorized with MAA as the
"Name of Purchaser." This does not change any other portion of the October 3, 2006 letter, or our intent to
remain fully involved with all ski area expansion related plans and permits, including review of all of the
documents related to the Settlement Sale itself.
The City and MM are proceeding with the formation of the Quality Assurance / Quality Control (QAlQC)
Team and look forward to your cooperation with that venture. We fully realize and respect that the QA/QC
Team does not infringe upon or change your responsibilities to manage the forest, but hope that it will aid
you in the technical discovery of best management practices and adaptive risk mitigation during the timber
settlement sale and future construction and monitoring activities. We would appreciate you working with
City staff in the weeks ahead as this team is identified, and would very much appreciate you or one or more
members of your staff being willing to assist in the selection of team members.
The City remains gravely concerned that the restoration value of $200,000 is not adequate to protect the
City's drinking water or correct any potential adverse environmental damage as a result of tree cutting, tree
removal and follow-on construction related soils erosion, sediment transport or other associated concerns.
Currently, the Special Use Permit (SUP) requires a $200,000 bond for ski area restoration in the unlikely
event that the operations/operators, currently MAA, declare bankruptcy and a subsequent decision is made
to abandon the ski area.
CITY ADMINISTRATION
20 E Main Street
Ashland, Oregon 97520
www.ashland OLUS
Tel: 541-488-B002 CIDocumenlS and Settings\bennenmlMy Documenlsldraft MB leller USFS re Timber Senlemenr Sale Jun07 doc
Fax: 541-488-ti006
TTY 800.735.2900
Page 1 of 2
~~,
As you reiterated in your October 6, 2006 letter to the City, the USFS Record of Decision for the ski area
expansion activities require that the"... bond or assets available amount under the SUP will be
proportionally adjusted to account for the increase In developed area, and the subsequently increased need
for funding for reclamation (above the current amount) in the event of ski area closure." The USFS
received a copy of MAA's outline for the construction process / work plan, forwarded by the City, and the
USFS is in the process of reviewing an internal working draft of the operations/implementation plan (at this
point without formal City comment or forwarding guidance). With this information and once the City has
formally commented on the operations/implementation plan, the City strongly urges you to reconsider the
restoration amount. We would appreciate time to sit with you to discuss our concerns and reach an
understanding of the restoration needs and values.
I encourage you to continue your discussions and planning with Paula Brown as the primary contact for the
City. Should MM need USFS direction, Paula will be happy to be a part of those discussions. Paula can
be reached at 541-552-2411 or paula@ashlandor us. Please let me know if you need anything else from
me or our staff.
Martha Bennett
City Administrator
~
Sincerely,
Cc: Mayor and Members of the City Council
Scott Conroy, Forester Supervisor RRNF
Paula Brown, Public Works Director I City Engineer
Kim Clark, MAA
CITY ADMINISTRATION
20 E. Main Streel
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-6002 ClDocumenlS and Senmgs\bennet1m\My Documenlsldrafi MB letter USFS re T,mber Senlemenl Sale JunO? doc
Fax: 541-488-6006
m. 800-735-2900
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