Yachats, landowner and logger agree on 25-year tree lease to stop threat of clearcut on south edge of city

By GARRET JAROS/YachatsNews

YACHATS – There will be no clearcutting of trees above homes on Yachats’ south side – at least not for the next 25 years.

After nearly six months of negotiations, the city reached a deal with the property owner and the logger who had purchased the trees to leave them standing, the Yachats city council announced at its meeting Wednesday.

The 25-year lease agreement worth nearly $152,000 will spare not only the 20-acre patch of trees approved for cutting, but the entire 40 acres of forestland owned by Clemente Rocha of San Jose that stretches along the base of the Yachats Ridge immediately south of the Yachats River bridge.

The land-covenant agreement will pay Rocha $76,667 and logging contractor Joshua Howard of Dallas, Ore., another $75,150 for lost revenue as well as a small amount for his time and work already incurred. The covenant protects the city from liability.

The offer made by the city was based on an independent appraisal by Northwest Forestry Services, which the city hire to judge the current and future value of all 40 acres. The company appraised the timber’s value over 25 years to be $76,667, which the city offered to Rocha.

“There had been significant back and forth and the city has stayed steadfast on its original offer,” city manager Bobbi Price said of the negotiations. “There have been times of no contact and there has been counter offers and we’ve kept this offer and they did decide earlier this week that they would like to sign that agreement.”

A petition with more than 800 signatures to stop the cut included neighbors concerned about landslides, slash burning and possible post-cut pesticide runoff as well as residents concerned about the impact a clearcut would have on the view, which some feared would lower property values and tourist appeal.

Jason Torres, whose home sits just below the proposed clearcut, expressed relief and thanked the council Wednesday on behalf his family and neighbors. He and his wife and toddler son sat through two hours of the council’s meeting waiting to hear if an agreement had been reached.

“For us who are at the particular area that the forestry service found, as we suspected, (is at) severe risk of landslides, this wasn’t a question of viewshed,” Torres said. “This simply for us was a question of public safety. Safety for my family and for my neighbors … We would like to express our sincere thank you.”

The Oregon Department of Forestry, which evaluated the landslide risk, outlined sections of the 20 acres it would require be left intact to protect the homes below had the property been logged.

Despite the petition and overall council support led by Mayor Craig Berdie, not everyone was on board with the decision to spend city money to stave off a clearcut that falls outside city limits on land zoned for forestry practices.

Councilor Anthony Muirhead, who was not at Wednesday’s meeting, made clear during the council’s October meeting that he opposed leasing the trees. City funds should be used to secure city services and with so many projects in the works, he said, several with costs much more than anticipated, it is just not prudent.

“Spending this amount of money to postpone somebody from doing something with their land for 25 years, I don’t see as a good enough reason … I don’t see it as a solution for the city,” Muirhead said last month. “They shouldn’t start a precedent of spending that kind of money for something they don’t really control, (it) just postpones the problem.”

In a letter attached to a YachatsNews story about the proposed lease, Marc Sakamoto, a member of the city’s planning commission, said while he appreciated the efforts to save the trees and the view, it was a lot of money for something that will mostly grow back in 25 years.

“Not to mention the precedent we may set for other landowners in the area to seek a payment from the city to not log their property too,” wrote Sakamoto, who made clear he was speaking as a private citizen. “I never thought I would be the one to say this but maybe it would be better to just let them log it and we all move on.”

Councilor Catherine Whitten-Carey on Wednesday called the agreement “wonderful news” although not quite what she had hoped.

“It was not my first choice because purchasing it would have been my first,” Whitten-Carey said. “But I think this was wonderful news in terms of safety for community members, maintaining house values, (and a) beautiful mountain for tourists as well as residents.”

Rocha repeatedly made clear his unwillingness to sell the property not long after negotiations began in June.

Councilor Mary Ellen O’Shaughnessey noted that the council has on multiple occasions discussed its desire to lease the trees and agreed with the course of action.

“It’s good that we are doing this,” she said. “It’s excellent that we are doing this.”

Berdie agreed with the councilors and echoed their praise of Price for powering through negotiations.

“For those that think the city should buy it or not do anything – we’ve tried, it was just not really an option on the table,” Berdie said. “And as I’ve said multiple times, 25 years is a pretty long time. The ownership could change hands. The current owner could move here and say ‘Maybe I don’t want to log the property behind my new home.’ A lot can change in 25 years.”

The mayor said the agreements are the best, current option and that it is time to move on.

“Let’s get this done and dusted,” Berdie said. “It’s been a distraction for this council. It’s not something that’s been on our goals and agendas but things happen.”

In other business

• The council approved hiring attorney Donna Bader of Yachats to serve as municipal court judge to adjudicate unresolved city code violations. Bader said she has served as an attorney for 47 years, primarily with appellate courts in California. She served as a judge pro-tem and trained as a judge in southern California and has trained as a mediator. She has also written three legal books. She is expected to work as needed beginning Jan. 1.

• Garret Jaros is YachatsNews’ full-time reporter and can be reached at GJaros@YachatsNews.com