HomeMy WebLinkAbout1994-0215 Council Mtg PACKET Important: Any citizen attending Council meetings may speak on any item on
the agenda, unless it is the subject of a public hearing which has been
closed. If you wish to speak, please fill out the Speaker Request form
located near the entrance to the Council Chambers. The Chair will recognize
you and inform you as to the amount of time allotted to you. The time
granted will be dependent to some extent on the nature of the item under
discussion, the number of people who wish to be heard, and the length of
the agenda. a 7,"r �
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 15, 1994
I. PLEDGE OF ALLEGIANCE: 7 :30 P.M. , Civic Center Council Chambers
II. ROLL CALL
III. APPROVAL OF MINUTES: ✓ Regular Meeting of February 1, 1994.
IV. SPECIAL PRESENTATIONS AND AWARDS:
1. Police Department staff awards:
a. Employee of the Year
b. Officer of the Year
C. Dispatcher of the Year
V. CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Report - January, 1994.
3 . City Administrator's Monthly Report - January, 1994 .
4. Snow/Water Report by Director of Public Works.
VI. PUBLIC FORUM: Business from the audience not included on the
agenda (limited to 3 minutes per speaker and 15 minutes total) .
VII. UNFINISHED BUSINESS:
J1. Adoption of Findings, Conclusion and Order on Planning
Action 93-128, upholding an action of the Planning
Commission and denying an appeal regarding the issuance of a
building permit at 635 Thornton Way, based on solar access
and lot width/depth.
VIII. NEW AND MISCELLANEOUS BUSINESS:
1. Presentation by Gary Schaff, RVCOG, regarding proposed
Federal grant request from Transportation Growth Management
Plan.
2. Presentation by Eric Dittmer and Pete Naumes regarding
report findings on future agricultural water use and the
effects of urbanization.
V
3 . Request by Mrs. Mary Sanchez to connect property outside the
city limits at 277 Mistletoe Road to city sewer system and
to defer connection and SDC charges.
4. Memo from Director of Public Works concerning financing of
improvements to Water Filtration Plant pursuant to Federal
Safe Drinking Water Act and recommendations from CH2M-Hill.
IX. ORDINANCES. RESOLUTIONS AND CONTRACTS:
1.,( First reading by title only of "An ordinance amending the
Ashland Municipal Code Section 2 . 04.040D and 2 .04 . 220A by
changing the beginning time of Council meetings to 7:00
p.m. ; the ending time to 10: 00 p.m. ; adjusting the times for
public hearings at such meetings and repealing resolution
no. 88-13" .
0 First reading by title only of "An Ordinance Amending
Ordinance No. 1415 as amended, adapting a position
classification plan for the City of Ashland. "
a?7,Q0 Section Second reading by title only of "An Ordinance amending
Section 9.16.060 of the Ashland Municipal Code to exclude
dogs in the Plaza Islands" .
4. / Reading by title only of "A Resolution establishing water
and sewer connection fees pursuant to Title 14 of the
PESO ?dl—e7 / Ashland Municipal Code and repealing Resolution 88-15" .
5. Reading by title only of "A Resolution requiring all
_ 6 meetings to end at 10: 00 p.m. , unless otherwise extended" .
6) Reading by title only of "A Resolution of the City of
Ashland, Oregon approving an amendment to the
intergovernmental agreement creating the Oregon Municipal
Electric Conservation Agency approving the membership of the
Canby Utility Board, and repealing Resolution No. 94-08" .
X. OTHER BUSINESS FROM COUNCIL MEMBERS
XI. ADJOURNMENT
AGENDA FOR THE REGULAR MEETING : t
ASHLAND CITY COUNCIL'
February 1, .1 994
CALLED TO ORDER
Meeting was called to order at 7:30 F.M. by Mayor Golden in the
Civic Center Council Chambers.
ROLL CALL
Councillors Laws, Reid, Hauck, Acklin, Winthrop and Arnold were
present.
APPROVAL OF MINUTES
Minutes of the Regular meeting of January 18, 1994 were accepted
as presented.
SPECIAL PRESENTATIONS AND AWARDS
1. Watershed Health Issues by Director of Public Works Steve
Hall and Councillor Rob Winthrop.
Hall introduced Medford City Councillor Mel Winkleman and Jim
Hill, Wastewater Reclamation Administrator, City of Medford.
Councillor Winkleman spoke in support of the work on watershed
health issues done by Jackson County, the 2050 Committee and
RVCOG. HB 2215 was passed in the last legislature and requires
local areas to set up watershed councils to do long-range
planning and set up a fund for watershed enhancement. Winkleman
asked for local governments to support united effort to protect
Rogue Valley watersheds. Hall reviewed committees' proceedings to '
the present that are emphasizing long-range planning for local
watersheds.
Councillor Winthrop encouraged continued support of RVCOG and
other entities involved in watershed enhancement. Councillor Reid
suggested Council request Attorney. General opinion of
legislation. Councillor Ackln asked Councillor Winthrop and
Director of Public Works to prepare plan with other entities and
present it to Council for approval.
CONSENT AGENDA
1. Minutes of Boards, Commissions and Committees.
2. Departmental Reports - January, 1994 .
3 . Mayor's Request for Appointment of Greg Williams to Ad Hoc
City Hall Spaces Needs Study Subcommittee.
4. Mayor's Appointment of Sharon Dvora to Tree Commission for a
term expiring April 30, 1996.
Laws/Hauck m/s approval of consent agenda.
(r.Mwu1e12-1-94.mm-psgr 1)
PUBLIC HEARINGS
1. Continuation of public hearing on appeal of a decision of
the Planning Commission approving a building permit at 635
Thornton Way, based on solar access and lot width/depth
(Applicant: Don Johnson, Appellant: Maralee Sullivan) .
Director of Community Development John McLaughlin reviewed appeal
issues. Applicant Don Johnson, 802 Beach Street, reviewed
planning of house/lot design. Designer of project, Jeff Mayfield,
2381 Perri Place, Medford, spoke in favor of applicant and design
of property under appeal. Attorney Judith Uherbelau,
representative for appellant Sullivan, P.O. Box 640, detailed
appellant's position of appeal. Appellant Maralee Sullivan, 550
Tucker Street, asked that Council consider right to protection of
solar access and intent of land use laws. Appellant Morton
Sullivan, 550 Tucker Street, asked Council to disallow permit due
to violation of solar access ordinance. Public hearing closed at
9: 07 p.m.
Winthrop/Arnold m/s deny appeal of Planning Commission. Roll call
vote: Reid, NO; Laws, Arnold, Hauck, Winthrop, Acklin YES.
2 . Proposed 3-year serial tax levy for. youth and community
activities.
Bill Cobb, 1440 Fielder Street, requested support of Council for
proposed tax levy to be placed on May ballot. Alan DeBoer, 2260
Morada Lane, School board member, also requested support of
special tax levy.
Acklin/Hauck m/s to adopt ordinance. Roll call vote: Laws, Reid,
Hauck, Acklin, Winthrop, Arnold all YES.
PUBLIC FORUM: Business from the audience not included on the
agenda (limited to 3 minutes per speaker and 15 minutes total) .
None.
UNFINISHED BUSINESS
1. Memo from Public Works Director relative to bid results on
odor control project.
Director of Public Works Steve Hall requested Council authorize
contract to be awarded to Interwest Construction of Medford. Bid
estimate was higher than previously reported at $206, 649.
Laws/Arnold m/s authorize approval of contract. Voice vote all
AYES.
(r:Mi*u V-1-44.min-page 2)
NEW AND MISCELLANEOUS BUSINESS
1. Revision of time change for Council meetings. `
City Administrator . Brian Almquist reviewed proposed amendment of
time change for Council meetings as, requested by Council at .goal
setting session. Proposal is for meetings to begin at 7:00 p.m.
instead of 7: 30 p.m. Laws requested amendment include changing
ending time of meeting as well as beginning time of meeting.
There was discussion that if the time changes did not allow all
business to be conducted at the two regular meetings, a third
meeting could be held during the month. City Attorney Paul Nolte
will make proposed amendment changes and present it at the next
meeting.
ORDINANCES RESOLUTIONS AND CONTRACTS
1: First reading of an ordinance amending Section 9. 16.060 of
the Ashland Municipal Code to exclude dogs in the plaza.
City Attorney Nolte presented amended ordinance. Russ Silbiger,
'562 Ray ,Lane, was concerned that dogs are being banned from the
Plaza when the Plaza was designed with water fountains to
accommodate dogs. He is glad to see that the ordinance has been
amended to allow dogs to be walked across Plaza. David Bobb,
American Indian Art Gallery at 27 N. Main Street, requested
Council include the Plaza in Parks Department's jurisdiction to
take care of other problems as well as dogs. "Councillor Arnold
asked if "Plaza" was defined in ordinance. City Administrator
suggested amending the ordinance amendment to include the plaza
islands. Councillor Winthrop stated it was appropriate to treat
the park area as different than the plaza area. Councillor Acklin
asked that enforcement be more vigorous on dogs tied to public
property throughout downtown area.
Laws/Winthrop m/s passage of ordinance to second reading. Roll
call vote: Laws, Reid, Hauck, Acklin, Winthrop, Arnold all YES.
2. Reading by title only of a resolution setting a public
hearing on the Oak Street Block local improvement district.
Laws/Arnold m/s adopt resolution setting public hearing to March
15, 1994. Roll call vote: Laws, Reid, Hauck, Acklin, Winthrop,
Arnold all YES. Resolution 94-06.
3 . Reading by title only of a resolution dedicating Oak Knoll
Golf Course for Parks and Recreation purposes.
Councillor Arnold requested amount of money generated after lease
is finished. City Administrator Almquist replied approximately
$120, 000.. Councillor Arnold suggested considering alternatives
for City funds being spent rather than turn over property to
Parks Department. Councillor Winthrop agreed. Councillor Laws
stated that the golf course made a small amount of money in the
(r.Mmuw \2-I-97.min-pap 3)
past due to necesbary repairs. It is possible the golf course
will begin to generate funds now. ' City- would have to experfd funds
to set up maintenance of golf course.. Councillor Laws felt it
made sense to make transfer to Parks Department now.
Reid/Hauck m/s approval of resolution. Roll call: Winthrop, NO;
Arnold, NO; Reid, Hauck, Laws, Acklin, YES. Resolution 94-07.
Winthrop/Reid m/s to place OMEGA resolution on agenda. Motion
passed. Almquist read resolution. Winthrop/Hauck m/s adoption of
resolution. Motion passed. Resolution 94.08.
OTHER BUSINESS FROM COUNCIL MEMBERS
Susan Reid noted improvements made by Cantwell's and renovation
of old car wash and corner lot at East Main/Second Streets.
ADJOURNMENT
Meeting was adjourned at 19:25 p.m.
Nan, E. Franklin, Recorder Catherine M. Golden, Mayor
(r.MmutesU-1-94.mio-page 4)
ASHLAND POLICE DEPARTMENT
MONTHLY REPORT
January, 1994
r
o GRAFFITI: During
The holidays are over and the month of January,
most of us are leaping into Officer Robert Smith
the new year with vigor. referred several more
€ aY
Okay, okay...almost all of juveniles to the Jackson
us... The valley fog has County Juvenile
lifted and hopefully we have Department after
seen the last of the "bad" charging them with Criminal Mischief. These
weather for this winter. referrals were the result of an intensive
investigation into all the graffiti or "tagging"
cases in Ashland.
In looking over the monthly o TRAINING: The Department
statistics Part 1 offenses (major Repot received a total of 140 hours of
crimes and thefts) were up training for the month of January
9.3%for the month of dj�. and some of the highlights were:
January. This rise is due to an A FJ
increase in property crimes (Bicycle Thefts and o Buddy Grove presented a
Thefts from cars). In January 1993 we had 5 shotgun course along with a timed
bicycle thefts as compared to 16 for '94; .45 automatic weapon course.
Thefts of property from cars numbered 7 for
1993 as compared to 15 for '94. The good 0 Linda Hoggatt, Michael Bianca and Lisa
news is that crimes against persons Brooks attended a management effectiveness
(Aggravated Assaults and Robberies) are course this month.
down. Statistics showed 3 Robberies were
reported in January of last year as compared 0 Keith Woodley presented an 8 hour
to I during the same time frame in '94. EMERGENCY OPERATION CENTER
Another good sign is the decrease in training class for several members of the
Burglaries,5 reported in January of '94 as Police Department. This class was an
compared to 8 in '93. Another favorable overview of how to manage a critical
decline is noted in Vandalism crimes with a incident.
reduction of 10.5% with 33 reported in 1994
as compared to 34 in 1993. 0 Katie and Gary Denton from Grants Pass
presented a four hour Emergency Medical
1
Dispatch Course for 25 members of the COMMUNICATIONS:
Department. This class recertified our
employees for giving pre-arrival instructions January Statistics:
over the phone during a medical emergency.
Calls For Service 670
• Sgt Hooper attended the monthly Region 5
Training Council meeting which was held at Medical Runs 75
Southern Oregon State College. Fire Runs 22
ALS Runs 46
• Karen Greenstein, Sue Rogers, Karol Auto Aid 0
Williams and Kelly Haptonstall
attended a MICRO DYNAMICS Word Phone Statistics
Perfect Class in Medford.
Day Shift 897
INVES77GA77ONS. Swing Shift 1295
Graveyard 579
Det Lynn Parlette has Front Desk 2967
taken over the 911 Calls 476
investigation of the Ed Total Calls 6214
Krahel death case.
January was a busy Our 9-1-1 Telecommunicators have been
month for Lynn. He has been doing emersed in a recertification program for the
background investigations on all our Reserve past year. This intensive training program is
applicants, testifying in court on his own case nearing completion bringing our
investigations and training the new Detective ( Communicators into compliance well above
Rich Walsh). In spite of his busy schedule he the minimum State mandated guidelines.
still finds time to assist Patrol with foot
pursuits and case investigation as well as EXPLORER DIVISION:
make warrant arrests.
The Explorers donated over 40 hours of time
Rich is working on the armed robbery that this past month to the program. New
occurred at Video Stop. A VCR that was members, David Harris and Robby Moser
stolen from Southern Oregon State College have completed their Explorer examination
was recovered in Coos Bay after being and are now eligible to ride along with an
pawned. Ashland Roofing reported Officer. Laura Daugherty and David Williams
numerous tools stolen from its business. have completed their LEDS manuals and are
Through investigation Rich was able to trace a now able to use the NCIC computers.
suspect to Medford, recover more than half of
the tools and arrested the subject on felony The Post is in the planning stages of a fund
Theft charges. raiserfor the Chris Knox Scholarship Fund.
Arrangements are being made to have a
dance at the Ashland High School, hopefully,
in March. The scholarship fund is halfway to
the projected goal of$3,000.
2
CRIME PREVEN770N.• EMPLOYEE RECOGNPIION:
C For the first time in Oregon, The following persons were selected for special
training was available through recognition for their contributions to the
the BPST D.A.R.E. mentor team Ashland Police Department for 1993:
for certification as a D.A.R.E.
Instructor in the middle schools. OFFICER OF THE YEAR - Bob Smith
Janet Bailey attended the three- DISPATCHER OF THE YEAR - Tarry Myers
day program in January and EMPLOYEE OF THE YEAR- Barb Hansson
found the curriculum to be an RESERVE OF THE YEAR - Bill Courier
outstanding follow-up program for students in
this age group. The lessons--"D.A.R.E.To Congratulations !!!!
Say No To Drugs And Violence" -- have a
strong anti-gang, anti-violence, and anti-
vandalism approach, yet reemphasize many of j
the concepts covered in the elementary
program. The middle school curriculum is a
10 day program and is tentatively scheduled to
pilot in one class at Ashland Middle School
later this spring.
The students at Bellview and Lincoln
D.A.R.E. completed weeks 15-17 of the
program, culminating in graduation assemblies
on January 19th and 20th.
Janet has recently
received her certification
as a School Resource
Officer.
Congratulations, Janet
rrr.
3
ASHLAND POLICE DEPARTMENT PLCIOOIR
CREATED: CONS3LIDATED INCIDENT REPORT
2101194 10:35:42 JANUARY 1994
CLASSIFICATIUN + REPORTED OFFENSES e t CASES CLEARED c + CLEARENCE RATES + NO. OF ARREST CHARLES
OF OFFENSES ACTUAL ACTUAL ACTUAL% CHANSE
THIS THIS LAST YEAR TO THIS THIS LAST THIS THIS LAST THIS MUNIH YEAR TO DATE
MONTH YTD 'iTO DATE MONTH YTD YTD MONTH YTD YTD JUV ADULT TOTAL JUV ADULT
PART III
TRAFFIC CRIME
HIT 6 RUN It it 8 + 37.5 % 3 3 1 27.3;" 27.3111 12.51. c 2 2
RECKLESS DRIV t l t
ELUDING
DP.. WHILE SUSP 2 100.0 % 2 100.0%
FT DISP DR"' LIC
TRAFF Al-C.-FATAL
TRAFF ACC.-INJURY 1 1 3 66.7 %
TRAFF ACC PRP DAM 71.0 %
FISH & GAME
MARINE VIOLATIONS
ILLEGAL ALIEU
CUSTODY
IIARRANTS _ 2 4 - 50.0 % 2 2 4 100.0% 100.0; Inn.O% - 3 3
M'V F.EGRD-ONEP. I 1 1 1 1!'J.7{
PROF REC'VRD-OTLIER. 1 1 2 50.0 ? ( 50.0%
FUGITIVES 10 10 7 + 42.9 % 10 10 7 100.0% 100.DS 100.0% 2 10 12 2 1 0
MISSING PERSONS 1 - 100.0 14
SUDDEN DEATH/B001' 3 - 100.0 %
SUICIDE-ATiIPT I 1 I
OTHER ACCIDEBTS
ANIMAL PROBLEMS 22 22 30 - 26.7
PROPERTY LIFIC 32 32 27 + 10.3 N
ABAtIDONED AUTO 24 24 28 - 14.3
LOCATE ONLY AUTO k
IMPOUND AUTO I - 100.0
ASSIST. RENDERED 07 87 68 + 27.7 %
DOMESTIC PROBLEMS 4 4 9 - 55.6 %
INSECURE PREMISES 5 5 5
SUSP F'ERICIRG 35 35 35
PUBLIC SAFETY. 10 10 6 + 66.7 %
DISTURBANCE 111015E 47 47 39 + 20.5 %
SICK CARED !OP. 20 20 19 + 5.3 %
MARINE ACTIVI�YES
TRAFFICiR0AD3 30 30 37 18.9 %
CIVIL COMPLAINTS 8 B 2 + 300.0 %
VEH 013POSITION
ALARMS SOUNDING •
CUIIFIRIfED 1 1
FALSE 16 16 20 - 20.0
ACCIDENTAL
FAULTY I 1 I
OTHER
SUBFOENAS
ASSLT Na OFFICERS
OTHER MISC 12 12 16 - 25.0 %
PART III TOTAL 390 390 407 - 4.2 % 15 15 16 3.8% 3.8% 3.9% 2 16 18 2 16
GRAND TOTAL 621 621 627 1.3 % 87 07 74 14.0% 14.0% II.B% 57 127 186 59 127
MW POLICE SUARIMNT FARPIR
UNMILIDATED INCIDENT REPURT
281/" PAKA"Ll JANUARY IM
CLASSIMEAT191 RUNIED NFENSES s R CASESILENEU EUMENTE 5NE3 e NJ. OF PFREST CHARGES
OF U7ENSES A1.T UA L ACTUAL ACTUAL -4, CHINDE:
THIS THIS LAST YEAR 10 TM3 THIS LAST THIS THIS LAST THIS TT41H YEAR W DATE
MTH YTF Tu ONE M508 TIT) YTD NOW VTB Y70 ON ADULT TOTAL JOY ADULT
CRININAL VC-Ni'MIDE
WE I
PUBM'( i 5 Eli 'I."
PM.FWAIEC PSLI c"? F 2
RTIVEWE B 372 1 293, En All
NcN-RES I E S t -_1
LWENYTIVEN 9
77....
K 7
5 229 0 1
61-tTER THEFTS IL ;7 17. 1 6 6 1 12.11 0.74 1.57
NITOR VEH THEFT i I f 811
ARION, 2 2 1 + PA.
PART I T9 1 AL E2 R2 7 t 7.3 1 17, 117 14 2037 20,7% 10.71 ? EI 27 0 21
PUT 111
SIMPLE APARM 7 7 S 4 4 3 511% 5111 PAN 7 7
FORCE C2UHTFrFEI7 I I I
FRAUD I I
CBE S F
CREDIT PROS 2 PAID 1.11, 2 NOM
WER FRAUD 4 4 5 EEG 1 1 1 251% MY:
SIREN PROPERTY 2 2
"MU'LIS o 61 26 20
SH, 31 14 K 1 22.4% K,4% 7,9��
b I I - 1 3 1
".up,qN., o� NEES 2 100.0 75101� if 10 Y-1.9-'z I a
PR691111131"
SEN FRETS 5 6 ? UDW
MEUT M DRUBS 13 10 5 D90 A IQ 10 4 109A8 40.9% 90.011, 2 29 31 2 27
Wnitirl
OFF AM FPW
DRIP LIME 1WI-NE 7 7 281 1 0 9 7 18,9% MAK VAM 3
LIPUTIRLAVE 3 3 617 % 2 2 F 66.7% Q,7% 18,4 9 3 It 6
I)[20RDER CMDUZT to N 25.0 S 2 2 3 20.0% 21.0% MEM 17 17 17
KiDNAP
TRESPASS 15 15 1 NEC a 4 E6,'? 3 7 11 3 7
SEEMS 7
�Lt= OTHER 5 35 99 715 1 7 7 25aN 250% IOAX I 7 8
TPR.EATG
C!jpF p I";Uq I TEF I HB 2 3 1 + 2Gij.o % 33.2'%, 10119% !4 114 14
MANY MY A - NO.0
FART It TOTAL 147 09 147 1.4 It 55 55 44 36.5% SEX 290% 41 70 137 q 7)
PART 11 ' PART 11 231 231 c-F 4.1 X 72 72 SO ?I P' 31.2", 2M% 5-- 111 160 57 111
Memorandum
�4E6�� • e
February 10, 1994
��• Mayor and City Council
r
rum: Steven M. Hall, Director of Public Works f
1I�ljEt1: Monthly Reports
Enclosed are the monthly reports for the Public Works department for the month
of January, 1994.
(c9pw\MOTt.M m)
Enclosures
ENGINEERING DIVISION
MONTHLY REPORT.FOR:
JANUARY 1994
1. Issued 16 street excavation permits.
2. Issued 6 miscellaneous construction permits.
3. Issued 5 address change or assignment forms.
4. Responded to 9 certificate of occupancy reviews. ;t
5. Completed 10 pre-applications for planning actions..
6. Completed-7 "One-Stop" permit forms.
7. Performed field and office checks on 6 partition plats.:
8. Performed the following work on the Airport Improvement Project:
a. acquired data and material specifications.
b. met with property owners regarding access and road relocation.
C. continued work on topography survey.
9. Prepared division budget and goal sheet.
10. Responded to a request for improvements to the intersection of Church Street and Scenic Drive.
11. Prepared a contract for the survey of the B.P.A. substation site.
12. Attended local Emergency Action Plan Committee meetings.
13. Operated traffic counters at several locations.
14. Met with property owner regarding the acquisition of a right-of-way extension on Westwood Street.
15. Prepared map and description"of the proposed right-of-way.
16. Revised estimate for the improvement of Granite Street and a portion of Glennview Drive.
17. Continued digitizing tax lot maps into the computer.
18. Performed the following work on the Mountain Avenue Sewer L.I.D.:
a. reviewed pump station requirements and specifications.
b. acquired easements for sewer construction.
1HO:oVURrytJN I
Ya(mml.mcr
Engineering Division Monthly Report for January 1994
Page 2
t
19. One staff member attended a one day seminar on survey law in Portland.
20. One staff member attended a one day seminar on negativity in Medford.
21. Performed the following work on the Clear Creek Subdivision Improvement Project:
a. inspected work performed by-contractors.
b. processed progress payment no. 6
22. Conducted 2 deflection checks at Hosier Dam following aftershocks of the Klamath earthquake.
23. Continued design and plan preparation for the Railroad Village Subdivision Improvement Project.
24. Performed the following work on the Oak Street L.I.D.:
a. continued preparation of project plans.
b. revised estimate for L.I.D.
25. Performed the following work on the N.W. Area Pump Station & Reservoir Project:
a. inspected work by contractor.
b. prepared progress payment no. 9
26. Contacted the Oregon P.U.C. regarding the creation of a Normal Street railroad crossing.
27. Performed the following work on the Odor Control Facility Project:
a. distributed project plans and specifications to prospective bidders.
b. distributed project addendum 1.
c. held pre-bid conference.
d. conducted bid opening
e. reviewed contractor's qualifications and references.
f. prepared report to council regarding acceptance of bid.
28. Staked location of proposed substation.on N: Mountain Avenue.
29. Continued design of slide gate at the water filtration plant.
30. Began design of water settling ponds at the water filtration plant.
1HO:n�naffryt.jm .' '
pafinwW.mer
Water Quality '
Monthly Report
January, 1994
Water:
Repaired 1 leak in City owned water main.
Repaired 5 leaks in customer service and or meter.
Changed out 8 water meters.
Installed 5 new water meters with hand valves.
Installed 2 customer hand valves.
Repaired 5 fire hydrants.
Repaired 4 goose necks or goose neck valves (2" standpipes) .
Relocated 1 fire hydrant, removed tee and valve installed new tee
and valve and valve boot.
Changed over 1 water service that was leaking.
Raised 3 water services that, were too low at. South Valley
Business Park.
Started flushing dead end water mains in the Southwest and
Northwest sections of .town.
Replaced 3 broken angle stops.
Replaced broken meter boxes at Lynn Street.
Replaced 8" water meter to Shakespeare removed vault wall to
install new meter and then rebuilt the vault around the new
meter.
Started replacing water mains on Hargadine, from Pioneer to 1st
Streets. 8" ductile iron water and 2" plastic for Lithia.
Sewer:
Rodded 13 ,875' of City sewer mains using 53, 000 gallons of water.
Mechanical rodded 6455' of City sewer mains.
TV'ed 812' of City sewer mains.
Responded to 1 main line plug.
Responded to 5 service calls. ,
Installed 2 new 4" sewer laterals.
Repaired 5 sewer services.
Miscellaneous:
There were 84 requests for Utility locate calls.
There was 63. 626 million gallons of water treated at the Water
Treatment Plant and 50.26 million gallons of water treated at the
Waste Water Treatment Plant.
Used 140 yards of 3/4" minus rock at various jobsites.
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; fv.y 6' 'pi . 4
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epor t
ft
SWEEPERi ..
Swept,33I 6I ' miles _pf stree•tS.
Collected .130_'yards of debris.is.
. ....... ......
o e
`location 'req
u s S
n'ded_",ta. 62 :uti _i.Vy�
Continued granite pit ec t:, Pigging filte r 1 .
ng drainage ditches fills
,
area with Jarge. type, shal6`:for addional fill Lering plan
ed t,-pd;t holes in d suq ken s
ervicesZ .,
e.
ryl
'1waf�s-',1rnthe downtown, area.
-J, Ground��'doW'n',sevLra'i,, raised side.
on E.excess material from ,Hen,ry
i �Vfl Hauled feSt.k;iproject to. dump si e
%�y .,-a.I,I:o -':,due to
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rt"Siricr&d several 1,z days i ions. ' .
3pi Started . along I. both sides- of newly paved Hitt Rd.'
To,taJ,
0 '_e
on. is
ug 0
_
ox
we �
B' �_St.
barricade on F
Picked,d, up 2 used State Hiway' ' yard on. T.olman:
---.f.pr_barricade, on,-Fox S*t
Pic e u,p several hundred Po'nderosa Pine trees (Seedlings) from the J .
Herbert Stone Nursery in. Central Point for planting at .the granite pit.
-tal,led 5 poles-on :Fox._St-. for,-a -barricade.
Installed 2 - 25 ft. guard rails on pre-set poles on Fox St. .
Haul,ed several truck loads of old asphalt from our re-cycle pit to
.-Hardesty.' s for_ test crushing .
Installed high visibility relective tape on newly installed barricade
at 9Oe Fox St: .
STORM DRAINS:
Continued major storm drain project on Henry St. .
Repaired sprinkler system an Normal Ave du.e to new catch basin poroject.
Repaired catch basin grate on Sherman at 'Siskiyou.
Rodded a storm drain by the Lincoln Statue for the Parks Dept.
Repaired .:broken storm 'drain .at 372 Iowa St. . I I
"Discovered" a storm drain behind the curb at *620 Roca. Opened the Ii.ne
and installed a catch basin to take advantage of it.
Fabricated a new- -lid . for_the-large:.catch basin on Morse at E. Main.
Readied "A" St. at 5th .for. anew; Sin cross-over, storm drain.
f., ; I �- , -
'Completed major catch basin.�.project.-.,on Norm al Ave between .Siskiyou
SIGNS�._
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%Installed_ .,1 standard" and 1 special Handi=Ga'p 'parkng'.si=gns 'at
Re-Cycle Center: Also 2' special No Littering;signs-
....Instal.led, a_-new.stree
pest on-;Scenic,_ at.lJimer �
Repaired a no. parking -sign on ;Fork a't Vistas •,� 13-
Replaced the. post a nd • repaired; k,he "turn lane signs do 3rd at E. Main. _
x �'F
Installed 'Authorized Vehicles. Unl,y .signs on both ends of the Ditch Rd .
iy s'Kfuc
one at Strawberry, Ln and one at GrandvieW 'Dr
Erased graffiti from several areas.
Removed snow equipment from one, of .the large trucks
Entire• crew attented,.,."6 PERS, mee. ing
Fabricated a sidel,dumping,oXhute z for a S l l: dump truck
Instal"led a parkYYng'3'stall guard for, thetElectr,'ic /Dep`t�3 � lu x
_.Picked pefro jgp�Mciatagh.P � :_�
Did monthly testing on,':Ashland and Bear `Creeks fiat. storm -drain >study:' ,
Helped in shop if• 3needed
•� Cleaned up faciliti es and_ _Ice uipment on a weekly basis J :sic
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.. 11^f "-tF•' �" �eyzS�r�'r,� ,�•--7� xrx — r. -" 7.�,'
a Held monthly safefyt meeting
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M. A
February 2 , 1994
M E M O R A N D U M
TO: Honorable Mayor &City Council
FROM: Brian L. Almquist, City Administrator
SUBJECT: Monthly Report - January 1994
The following is a report of my principal activities for the
past month, and a status report on the various City projects and
Council goals for 1993-94.
I. PRINCIPAL ACTIVITIES:
1. Met with Larry Cooper of Lithia Park Cafe and Jill .Turner
regarding confidentiality issues surrounding meals tax reporting.
2. Participated in 4 weekly meetings of the Ad Hoc Space
Needs Committee.
3 . Attended monthly Cable Access Commission meeting.
4. Met with Staff committee working on information flyer
regarding water and sewer rate increases.
5. A major part of my time this past month was in meetings
with individual department heads and supervisors and our Finance
Director, to review their initial budget proposals and balance
the various funds.
6. Met for a second time with the Business Manager of IBEW
to settle a grievance regarding how to reimburse employees for
meals on overtime work.
7. Met with communications consultant Jon Lange to plan
Council Goal-setting session for later in the month.
8. Had luncheon meeting with Medford City Manager to discuss
coordinating government cable access programming and give him an
update on our Sewage treatment problem.
9. Attended meeting at NWPPA offices in Portland with top
BPA officials and other representatives of electric utility
1
r
associations regarding an upcoming legislative trip to D.C. I
have been asked to be one of four to visit our 23 legislators
regarding issues facing BPA and the electric industry.
10. Met with Mike Broomfield regarding his recommendations
to the State Energy Code Board on insisting on adequate fees to
enforce the code along with its adoption. (Later in the month,
Mike was appointed by Gov. Roberts to the newly-constituted
Building Code Structures Board) .
11. Met with labor consultant Lon Mills and Police
Administrative staff regarding the upcoming negotiations with the
Teamsters Union.
12 . Attended first meeting of the Budget Committee to
organize subcommittee, review the status of the budget document
and receive any recommendations from individual members.
13. Met for coffee with individual Council members.
14. Attended monthly meeting of Chamber of Commerce Board of
Directors.
15. Attended meeting in Medford of the Rogue Valley Civic
League regarding completion of a study of the feasibility of a
community college in Jackson County.
16. Attended meeting of the County Board of Commissioners to
see Steve Jamieson receive his civic award for the Save Mt.
Ashland effort. I had the pleasure of submitting his nomination. .
17. Met with Ken Mickelson and the Billings family in their
home to discuss lease issues and to give them an update on the
project.
18. Met with Tom Cantwell and Lance Pugh regarding the
proposed Oak Block L. I.D. and to receive their signed petitions.
A hearing date is now scheduled for April.
19. Met with Ron Roth concerning city space needs.
20. Participated in two day Goal-setting session with Mayor
and Council and department heads at Ashland Hills Inn.
21. Met with Al Alsing regarding the feasibility of
installing doors on hangars at airport.
22 . Met with owner of Black Sheep Pub to discuss his views
on the solution for the sewage treatment plant.
23 . Met with Pete Belecastro and Cable Access Chair Tim
Bewley to review current issues facing the station.
2
t
24. Met with Councilor Hauck and utility billing staff
members to discuss Ashland site for client interviews. Oregon
Heat moved interviews to ACCESS in Medford.
25. Attended afternoon Study Session with Council and
Ashland Sanitary officials and consultants to discuss landfill
closure options.
26. Participated in monthly Town Hall program on Cable
Access with Mayor and Councillor Laws.
27. Attended first official meeting of the Oregon Municipal
Electric Conservation Agency (OMEGA) to sign contacts on behalf
of the City. BPA Administrator Randy Hardy and key State
officials also attended.
28. Attended League Finance and Taxation Committee meeting
in Salem to discuss Legislative issues and "Son of 5" impacts.
STATUS OF VARIOUS CITY PROJECTS:
1. Electric Substation. BPA has agreed to pay $158,400 for
the 2.17 acre site for the new substation. Park planner Midge
Thierolf and BPA designers are working together on the master
plan. Construction of the substation is expected to commence in
the Spring and is to be completed by December 1, 1994. A minor
land partition application was approved during December. A
Conditional Use Permit and Site Review will be scheduled for
March or April.
2 . Downtown Proiect. Completed.
3. Northwest Water Project. Completed. A dedication
ceremony will be scheduled in the near future.
4. Open Space Program. Ken and I are proceeding with
initial negotiations on several parcels on the Open Space Plan
and I will keep you advised on our progress.
5. Digester Roof. Completed.
6. Tolman Traffic Signal. Completed.
7. Wetlands Study. The 20/50 Committee has begun its work
to facilitate a basinwide solution to water quality and quantity.
The DEQ stated its commitment to facilitating such a solution
once the City commits itself to an option acceptable to DEQ.
8. Forest Fire Management Project. This Winter we •.have
nearly completed the work recommended on the project list from
McCormick and Associates. Following completion, the park land
3
will be dedicated to the Parks Commission for maintenance. We
have submitted a grant request under Clinton's new program to
complete all the projects in the Forest Plan but have not
received any word on the status of the request.
9. Capital Improvement Plan. In light of the Ad Hoc
committee work on the building addition, it would perhaps be
better to wait on a public hearing on the plan until April or
May. .
10. Office Addition at Civic Center. Working drawings and
specifications have been completed. The Council at its November
30 meeting voted to postpone the project pending the completion
of a review by an Ad Hoc committee appointed by the Mayor.
III. STATUS OF COUNCIL GOALS:
1. Amend the Fair Housing Ordinance. Completed on May 18.
2. Modify all municipal buildings to make them fully
handicapped accessible. Study of all facilities has been
completed by the consultant and presented to Council on December
21. Council requested that Staff prioritize the recommendations
and return with an implementation schedule for Council approval.
3 . Deal more effectively with public/media issues. The City
Council agreed to become more active in writing guest editorials
and in responding to letters to the editor during the coming
year.
4. Review personnel policy effectiveness. The Council
directed a review of our present employee evaluation process,
training, and overall personnel policies. A committee of middle .
management personnel has been reviewing the last issue, and I
hope to report to the Council on this later this month.
5. Give consideration to affordable housing policies
whenever other growth management or utility policies are
changed. Ongoing.
6. Take a proactive role in opposing proposals to upzone
secondary lands adjacent to the city's Urban Growth
Boundary. Planning Director McLaughlin and Mayor Golden
have written a joint letter, to the County expressing our views.
Both have appeared at the Ashland area hearings to reiterate our
opposition, particularly in the interface areas. The County's
latest proposal seems to add only three new parcels.
Brian L. Almquist
City Administrato
4
CITY OF ASHLAND
SNOW/WATER @ 3 SITES
120-
100. ..........................
...... ................................... ..............
cl)
w .....................
80
................. ..........
........................................................ ... ...........................
z
z60----------------- ......... ........................... . .......
...... ................... ..............
a- 40- -----------------
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..................
20.................... ......... ..
0 1.972 1975 1978 1981 1984 1987 1990 1993
MEASUREDINJANUARY
SNOW DEPTH WATER EQUIVALENT
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS �s
SNOW DEPTH/DENSITY
Last Update:. 02/01 /94
-----------------------------------------------------
JAN CALABAN II SWITCHBACK SKI BOWL AVERAGE
SNOW WATER SNOW WATER SNOW WATER SNOW WATER
-----------------------------------------------------
-----------------------------------------------------
1972 105.2 29.7 84.6 25.9 94.9 27.8
1973 63.5 16.7 49.8 14.2 56.7 15.5
1974 113.2 42 .6 108.8 40.0 80.0 27.6 100.7 36.7
1975 61.6 17.8 55.4 17.3 51.0 15.0 56.0 16.7
1976 43.6 12 .6 43'. 3 .13 .3 37.3 10.3 41.4 12. 1
1977 10. 2 1.8 12. 3 2 .2 11. 0 2. 1 11.2 2.0
1978 68. 2 22 .4 76.0 24.7 64.8 20.8 69.7 22.6
1979 51. 0 18.4 57.0 . 19.0 44. 0 14.8 50.7 17.4
1980 56, 0 20.0 70.0 21.0 51. 0 16.0 59.0 19.0
1981 25. 0 9. 0 32.0 10.0 22. 0 7.0 26.3 8.7
1982 80. 0 29. 0 85.0 27.0 74.0 23.0 79.7 26.3
1983 103 . 0 27. 0 114.0 25.0 102.0 28.0 106.3 26.7
1984 54. 0 21.0 63.0 23 .0 57.0 21.0 58.0 21.7
1985 64. 0 24.3 75.0 27.3 62.0 21.8 67.0 24.5
1986 45.4 15.4 57.0 18.0 46.0 14.2 49.5 15.9
1987 47. 0 13. 2 53.0 14.3 47.0 13.2' 49.0 13 .6
1988 55. 0 17. 6 62.0 18.4 50. 0 14.5 55.7 16.8
1989 66.5 24.8 70.0 25.9 62.0 23.2 66.2 24.6
1990 31. 0 6.5 35.0 7.7 32. 0 6.9 32.7 7.0
1991 23 . 0 6.2 22.0 6.0 18. 0 4.3 21.0 5.5
1992 33 . 0 9. 6 33 .0 10.3 26.0 8.2 30.7 9.4
1993 99. 0 32.8 105.0 35. 2 88.0 28. 1 97.3 32. 0
1994 36. 0 11. 0 48. 0 14.2 36. 0 8.5 40.0 11.2
-----------------------------------------------------
----------------------------------------------------
AVG 48. 6 16. 0 60.2 18.6 49.8 15.4 55. 0 17.2
i
i
1
BEFORE THE ASHLAND CITY COUNCIL
February 1, 1994
IN THE MATTER OF PLANNING ACTION #93-128, ) i
AN APPEAL OF THE ISSUANCE OF A BUILDING ) FINDINGS,
PERMIT FOR THE CONSTRUCTION OF A SINGLE . ) CONCLUSIONS
FAMILY RESIDENCE AT 635 THORTON WAY. ) AND DECISION
APPEAL BASED ON SOLAR ACCESS ORDINANCE AND )
LOT WIDTH/DEPTH REQUIREMENTS. )
APPELLANT: MARALEE SULLIVAN
APPLICANT: DON JOHNSON
1. RECITALS:
1.1. The applicant is requesting a building permit for the construction of a
single family residence on Tax lot 1900 of 391 E 05BD located at 635 Thorton Way.
The property is located across the city limits line, with land inside the city limits under
the-jurisdiction of the City and land outside the city limits under the jurisdiction of
Jackson County. The City portion is zoned R-1, Single Family Residential. The
residence will be located on land within the City of Ashland.
1.2. The appellant is appealing the issuance of the building permit by the City
of Ashland, claiming that the Planning Staff did not approve the permit under clear and
objective standards, but rather used discretion, thereby making the decision a land
use decision. The appellant further claims that the City erred in issuing the permit
under the applicable standards and that the building permit should not be approved.
1.3. The Planning Commission, following proper public notice, held a public
hearing on October 13, 1993, at which time testimony was received and exhibits were
presented. The appellant appeared and participated in the hearing. The Planning
Commission found that the Planning Staff did not make a land use decision in the
approval of the building permit, and that it was issued under clear and objective
standards. The Planning Commission therefore denied the appeal.
1.4. The appellant appealed the decision of the Planning Commission to the
City Council. The City Council, following proper public notice, held 'a public hearing on
February 1, 1994 at which time testimony was received and exhibits were presented.
2. CRITERIA
J
2.1. The issuance of building permits is regulated by the Land Use Ordinance
(Title 18 of the Ashland Municipal Code (AMC)) in chapter 18.112. Section 18.112.060
requires that no building permit may be issued by the building official unless the permit
conforms to the Land Use Ordinance. See also section 15.04.090 which prohibits new
PAGE 1-FINDINGS, CONCLUSION AND DECISION (p:pinnningUohns on.Fin)
construction until verification of the planning director that the construction complies
with applicable planning and zoning regulations.
2.2. Single family dwellings are permitted in the R-1, Single Family Residential
zone in section 18.20.020.A. °
2.3. General regulations for the construction of a single family dwelling in the R-
1 zone are located in section 18.20.040 and consisting of a minimum lot areas and
widths and depths; setback requirements and maximum building height and coverage.
2.4. The setback requirements of the general regulations require conformance
with the Solar Access chapter, 18.70.
2.5. Any staff decision is subject to appeal under section 18.108.070.A.1 and is
processed under section 18.108.070.
"18.108.070 Appeals. A. Actions subject to appeal:
1. Staff decisions and interpretations. The decision of the Planning
Commission shall be the final decision of the City on appeals of Staff
decisions and interpretations.
B. Appeal Procedures:
1. Appeals of Staff decisions and interpretations shall be processed as
Type II Planning Actions before the Planning Commission. The standard
Appeal Fee shall be required as part of the application."
2.6. Appeals of Type II Planning Commission decisions are heard by the City
Council pursuant to section 18.108.070.6.2:
"Appeals of Type II Planning Commission decisions shall be heard and
decided by the City Council, following the Type II procedure. The
standard Appeal Fee shall be required as part of the application.
3. EXHIBITS. For the purposes of reference to these Findings, the attached index of
exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
All information presented to the City Council and included as exhibits are incorporated
as part of this decision and made a part of the record for this action.
PAGE 2-FINDINGS, CONCLUSION AND DECISION ip:plenninp�ohns on.Fin)
TESTIMONY, EVIDENCE, AND FINDINGS.
4. From the staff report and review of the record before the planning commission we
find that the property which is the subject of this appeal is zoned R-1, Single Family
Residential. The application for the building permit for the subject property is for a .
single family dwelling. The lot area for this property exceeds 7,500 square feet which
is the minimum area for this property as it has been designated as R-1-7.5 (minimum
lot size 7,500 square feet).
5. From the staff report we find that the lot in question was legally created by a minor
land partition in September, 1975 approved by the City of Ashland as Planning Action
MLP 251. We find that the lot consists of all that property encompassed by the lot
lines irrespective of the city limits boundary which bisects the lot. Section 18.08.350
defines lot as a "unit of land created by a partition or a subdivision, or a unit or
contiguous units of land under single ownership, which complies with all applicable
laws at the time such lots were created." The fact that that the lot lies in both the city
and county does not make it two lots. The city limits boundary is not a lot line and we
specifically make such interpretation of the Land Use Ordinance. We find, and so
interpret the ordinance, that the boundaries of the lot, whether in the city or county,
are the lot lines used in all decisions associated with the issuance of a building permit.
6. The solar access requirements have been met. Staff determined and we so find:
6.1. That the slope of the property in a due north direction is 23.3% downhill.
Northerly slopes are stated as negative figures, therefore it is -23.3%. The lot
classification is determined, based upon a formula, tables, and the north-south lot
dimension. Lot classification indicates the amount of shading allowed. Standard "A"
allows for a 6' high shadow to be cast at the north property line, while Standard "B"
allows for a 16' high shadow. Standard "B" allows for a significantly higher structure.
The lot classification is determined as indicated.in section 18.70.020.
6.2. The north-south lot dimension (as defined in 18.70.020 E.) is the average
distance in feet between the northern lot line to a line drawn east-west and intersecting
the southernmost point of the lot. The northern lot line (as defined in 18.70.020 D.) is
any lot line or lines less than 45 degrees southeast or southwest of a line drawn east-
west and intersecting the northernmost point of the lot. In considering this parcel, that
line is the line shown on the lot depicted below. Therefore, the north-south lot
dimension is 411.30', or the distance between the defined northern lot line and the
southernmost point of the lot.
6.3. Once the north-south dimension is determined, it is used with the slope to
classify the parcel. Using Formula I in 18.70.030, the following calculation is made:
30' = 30' 141.5
0.445 + (-.233) •212
PAGE 3-FINDINGS, CONCLUSION AND DECISION (P:PlanningUohnsonfin)
Under the ordinance, if the north-south lot dimension of the parcel is greater
than 141.5', the parcel is classified as Standard "A", allowing for a 6' shadow at the
northern property line. In this instance, 411.30' is clearly greater than 141.5', requiring
Standard "A".
The solar setback is calculated pursuant to section 18.70.040. Specifically, this
section states the following:
"A. Setback Standard A. This setback is designed to insure that
shadows are no greater than six (6).feet at the north property
line (emphasis added).
Buildings on lots which are classified as Standard A, and zoned
for residential uses, shall be set back from the northern lot line
according to the following formula:
SSB = H - 6'
0.445 + S
Where:
SSB = the minimum distance in feet that the tallest shadow
producing point which creates the longest shadow onto the
northerly property must be set back from the northern
property line (emphasis added).
H = the height in feet of the highest shade producing point of
the structure which casts the longest shadow beyond the
northern property line.
S = the slope of the lot, as defined in this Chapter.
By this calculation, the structure must be located 61.4' back from the
northern property line. We find that this distance is exceeded.
We specifically find that the northern lot line, as defined in 18.70.020 D, is that
lot line at the northernmost point of the lot or line BD depicted below:
PAGE 4-FINDINGS, CONCLUSION AND DECISION (p:plannino�ohnson.Fin)
DIAGRAM "A"
(depiction only, - not to scale)
fl
North ♦ Jackson County City of Ashland
city limits
B C —
northern lot line t TUCKER STREET
Sullivan
Johnson property property
dwelling E F
2 411± feet site- _
THORTON WAY
A TTH4
A city limits
We find that there is only one such northern lot line, and that the Staff used that line in
the determination of the solar access calculations for the issuance of the building
permit.
7. Opponents have raised several issues which will be addressed here.
7.1. Opponents argue that whether the portion of the lot in question that lies
outside the city limits can by considered is a land use decision. We disagree. Citing
ORS 197.015(10)(b)(B), opponents maintain that the permit was not approved "under
clear and objective land use standards." As explained below, the standards used by
staff left no room for discretion and they were clear and objective. Even if a land use
decision was made, no error has been made in this case. Opponents have had two
evidentiary hearings, one before the planning commission and one before this council,
to argue their points and present their evidence. Thus the procedural protection
afforded by statute and the Land Use Ordinance for land use decisions has been
utilized.
7.2. The opponents maintain that the definition of "lot" in section 18.08.350(1)
does not state that a unit of land, wherever it lies, is the 'lot" that is defined in
18.08.350. They argue that since the ordinance in question is a City of Ashland
ordinance, it is just as likely, if not more so', that the definition applies only to lots lying
within the City. We disagree. The definition of lot in section 18.08.350 does not
require the lot to be wholly within the city any more than it requires a lot.to be created
only after it is annexed to the city. The application of this definition by staff was
correct. To the extent that someone may read the definition differently, as opponents
PAGE 5-FINDINGS, CONCLUSION AND DECISION Ip:plannlngVohnson.Flnl
have, we interpret the definition to include a lot lying wholly or partially within the city
limits of Ashland.
7.3. The opponents maintain that the northern lot line as determined by staff
was incorrect. They ask whether it is the northern lot line of property lying within the
City or is it the northern lot line of the applicant's lot lying outside of the City? We find
that staff made a correct determination. The line in question as we understand from
the opponents is line BCD in diagram A. Opponents contend that line BC (the line
outside the city limits) cannot be the northern lot line. We have previously determined .
that it was correct for the staff to include line BC as part of the northern lot line. Even
if line BC is excluded, the northern lot line within the city, line CD, is still the northern
lot line and the same calculations flow.
7.4. Opponents argue that the purpose and intent of the solar access chapter
as recited in section 18.70.010 was ignored when staff decided to use the northern lot
line falling in the county. It makes more sense, opponents would argue, to use line EF
in the above diagram. Again, we find that staff made a correct determination. As
explained above, it does not matter whether that part of the lot line in the county is
used or just the northernmost line in the city. By any determination, using that part of
the line within or without the city results in the same calculations. We interpret the
ordinance to not allow any discretion in the determination of the the the northern lot
line. Line EF or any other line than the one staff determined to be correct cannot be
the northern lot line applying the clear and objective standards of the ordinance.
Even if excluding that portion of the lot line outside the city resulted in a
different calculation, the intent and purpose of the solar access chapter as expressed
in section 18.70.010 does not amend the unambiguous provisions of that chapter.
This section provides:
"The purpose of the Solar Access Chapter is to provide protection of a
reasonable amount of sunlight from shade from structures and .
vegetation whenever feasible to all parcels in the City to preserve the
economic value of solar radiation falling on structures, investments in
solar energy systems, and the options for future uses of solar energy."
The calculation of solar setbacks in chapter 18.70 is subject to specific, clear,
objective and unambiguous standards. The purpose sections of the various chapters
of the Land Use Ordinance are not standards in and of themselves, rather they are
guidelines to interpretation of the ordinance where the requirements of the ordinance
are too general or unclear, subjective, ambiguous or vague. To the extent that it is not
apparent that the purpose sections in the ordinance are guidelines only, we so make
such interpretation of the ordinance. We find that the section followed by staff in
determination of the northern lot line is not general, unclear, subjective, ambiguous or
vague. If a reviewing body determines that such ambiguity or vagueness, etc. exists
then we specifically interpret the solar access ordinance in the manner staff did.
PAGE &FINDINGS, CONCLUSION AND DECISION (p:planning�ohns on.Fin)
7.5. Opponents argue that staff disregarded the lot width and depth
requirements of R-1 zone and that this lot does not comply with the minimum and
maximums required in section 18.08.470. The argument is that if the front yard is
located on Thorton Way, the back yard must by on the north side and.the required.
length has not been met. We find that staff correctly determined that the standards in
this section have been met. Opponents also argue that the lot depth exceeds the
maximum 150' permitted in 18.20.040.C. We disagree that the maximum applies in
this case. Section 18.20.040.0 requires:
"Lot Depth: All lots shall have a minimum depth of eighty (80) feet, and a
maximum depth of one hundred fifty (150) feet unless lot configuration prevents
further development of the back of the lot. Maximum lot depth requirements
shall not apply to lots created by a minor land partition. No lot shall have a
width greater than its depth, and no lot shall exceed one hundred fifty (150) feet
in width." (Emphasis added.)
As noted in paragraph 5, the lot in question was created by a minor land
partition. Even if this lot was not created from a minor land partition and the maximum
depth is exceeded, we do not interpret this section as prohibiting a single family
residential dwelling on the property. Lot dimensions are necessary for the-
determination of compliance when new lots are created, to ensure minimum area and
dimensions. Existing lots are considered as buildable parcels, complying with
ordinance requirements at the time they were created. Under opponent's argument,
any non-conforming lot would be unbuildable, even if the proposed home complied
with all setback requirements. We interpret the ordinance as permitting development
on this existing lot if minimum setback requirements are met.
7.6. Opponents have also argued that if the city boundary is used as a lot line
then setbacks are violated. As explained above, the city boundary is not a line
recognized for purposes of setbacks. Further lot line is defined in the ordinance as
"the property line bounding a lot." Section 18.08.410. The city boundary line is not a
property line. If that is not evident from the ordinance then we so interpret the
ordinance in that manner.
7.7. The opponents argue that the city cannot use its zoning regulations in the
county. That the urban growth boundary agreement with Jackson County specifically
provides that the county. land use regulations apply.within the urban growth boundary.
We agree. There is nothing in this decision that says otherwise.
8. DECISION.
8.1. All requirements have been met by the applicant for approval of the
building permit. Staff correctly followed the procedure for determination of solar
access as outlined in Chapter 18.70 of the Land Use Ordinance which contains clear
and objective standards.
PAGE 7-FINDINGS, CONCLUSION AND DECISION IF:ViennlnBVohnson.Finl
8.2. The approval of the permit did not involve making a land use decision as
all criteria were clear and objective. Even if this is considered to be a land use
decision, the opponents fully participated in two public land use hearings regarding the
matter. If a land use decision, then we find that all criteria have been fulfilled for
issuance of the permit.
The appeal is denied and the approval of the permit is upheld.
Approved and adopted by the city council on February 15, 1994.
Mayor
Attest-City Recorder
c
PAGE 8-FINDINGS, CONCLUSION AND DECISION (p:planningUohnson.Fin)
�C=71„
AGRICULTURAL WATER USE INVENTORY FOR THE BEAR CREEK BASIN
A Portion of the
112050" REGIONAL WATER RESOURCES PLAN - AS/it
s'A .Y)A
.RECEIVED
DATE NOV , 0 19M
Authorized and Submitted by the Agricultural Community
Bear Creek Basin
Report Prepared By
ERIC DITTMER
September , 1993
I
i
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i•
i
DEDICATION
This paper is dedicated to the memory of Clifford Cordy,
former Oregon State University Extension Agent in Jackson
County. His knowledge, enthusiasm and energy helped
agriculture through many crises since the mid 1930 's .
This report was funded by the Rogue Valley Water User 's
Association, Fruit Grower 's League of Jackson County Inc.
and the Rogue Valley Council of Governments .
Cover photograph courtesy
Jackson Soil and Water Conservation District
ACKNOWLEDGEMEN.TS,
This report benefltted _fr(5m the knowledge and generous Input
provided by the following people -who represent the broad
interests of agriculture in the Bear Creek Basin. .
Irrigatinn Districts
Hazel Brown, Manager, Eagle Point irrigation District
Bill Caldwell, Manager, Medford Irrigation District
Hollie Cannon, Manager, Talent Irrigation District
Jim Pendleton, Manager, Rogue River Valley Irrigation District
Walt Hoffbuhr, Manager, Talent Irrigation District (retired)
Agriculture
Larry Cauble, Cattleman
Ed Earnest, Owner, Earnest Orchards
Pete Naumes, Manager, Naumes Orchards
Judson Parsons, Manager, Hillcrest orchards
Ron . Henri, Vice President, orchard Division Harry and David
Jackson Soil and Water Conservation District: John Billings,
Nicola Giardina, Linda Towne
Ron Meyer, President, Fruit Grower 's League
Don Minear, Farm Bureau
Mike Russell, owner Russell Farms
Dalton Straus, cattleman
Small farm interests - Jim Hutchins, Loren Wittenberg
Planning
Jim Eisenhard, Planning Director, City of Medford
Laurel Prairie Kuntz, Planning Director; Jackson County
Marc Prevost, Water Resources Coordinator, RVCOG
Public Agencies
Jerry Buchheim, Regional Manager, Bureau of Reclamation
Dave Duncan, Bureau of .Reclamatlon
Marc Cooper, Bureau of Reclamation
Jim Hill, Manager, Medford Water Quality Control Plant
Mike Howell, Extension Agent, OSU Extension Service
.Sue Kupillas, Jackson County Commissioner
Brian Lanning, Soil Conservation Service
Ed Olson, Manager, Medford Water Commission
Ed Weber, Oregon Department of. Agriculture
State Watermaster 's Office (Jackson County Courthouse ) :
Bruce Sund, Larry Menteer, Sandy Bandy, Susie Smith
Dave Hendrix, former State Watermaster, Jackson County
I�
' � r
7n 5n" pr.AN AGKICl7LTURAi WATER UHF EXx'CIITIVE SUMMARY
. 'a
.I PRESENT' CONDITIONS
The present water available to agriculture for wet, "normal" 'and
dry years -is illustrated In the figure below.
IRRIGATION DISTRICT WATER AVAILABILITY AND NEED
(ACRE FEET AT DIVERSION POINT)
eavnu,
200 193 ■DII1fAND
onFSEavErD�[crr
vs
so sso iso
150
O iov
O
100
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6
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Z =
-50 4 _as
II FINDINGS
The current agricultural water resources are summarized below:
* agricultural water resources are not adequate to meet
the combination of existing irrigated lands, all
potentially irrigable lands and unmet stream flow water
rights even on wet years
* over ,o, 000 AF of water is needed to meet existing
irrigation needs during drought periods
* agriculture water resources are adequate to serve
existing irrigation needs during "normal" years (much
of the agricultural water resources not used during one
season is reserved for future drought demands )
* addinq the demands of potentially irrigable acreages
( 6,000 AF) would further reduce reserves for carryover
* the annual use of 150, 000 acre feet of irrigation water
potentially benefits ground water. supplies .
I FUTURE. PRO.JEr_TIeNS..
The pr.'ojections of " future agricultural water needs rau,st con-Jdtr
such, factors as urbanization, c'li.mate; . consetvatio.n and. new
technology, , additional water sources, new agricultural practices
and the "possibility of marketing water for other uses . Some of
these factors are summarized below.
* agricultural water resources could increase by. as _much
as 50,000 acre feet by the year 2050 through additional
storage, conservation and reclamation improvements
* additional water resources will reduce the impacts of
future drought periods
* Agriculture ' s need for water may remain constant as
some new acreage may replace lands converted to urban
uses over the next 5 - 10 years .
* EOhe rCost s'f.gnlitica i� i uetis'd -fWCtZingjSWtk -''futurg o_
4ag-r,icculture:-1s pzojected urban q;:r th w hich could
reduce irrigated agricultural acreag and water demands
significantly by the year 2050 . The chart below shows
the agreage needed for urban land using current
densities and a 2 % population growth rate.
URBAN GROWTH & AGRICULTURE LAND USE
PROJECTIONS AT 2.0% POPULATION GROWTH RATE
. OAgriculture ■Urban
90 82
60,
67
70
55
60
°0 48
0 50 44 41
3a
w 4p 34 32
U 28
30 24 22
15
20 10
10
0
1992 - 2000
2010 2020 2030 2040 2050
YEAR
Urban growth will occur . It is possible to encourage that
development away from prime resource lands . It is up to society
to support agriculture in preserving agriculture as a food and a
quality of life resource for the future .
AGRICULTURAL WATER. USE -F,NVRNTORY.
FOR THE BEAR CREEK BASIN 4 '
Table of Contents
.page
Dedication . . . . . . . . . . . . . . . . . . . ' iiii
Acknowledgements . . . . . . . . . . . . . . . . . . . III .
Executive Summary . . . . . . . . . . . . . . . . . . . . 11
Table of Contents . . . . . . . . . . . . . . . . . . . . i
PART ONE - CURRENT AGRICULTURAL WATER INVENTORY 1
A: INTRODUCTION . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . 1
Purpose . . . . . . . . . . . . . . . . . . . . . 1
Approach and Scope . . . . . . . . . . . . . 1
B. AGRICULTURE IN THE BEAR CREEK BASIN . . . . . . . 4
Hi'stori'cal Overview 4
Climate . . . . . . . . . . . . 4
Present Agricultural Setting . . . . . . . . . . . 4
C. PRESENT AGRICULTURAL WATER USE . . . . . . . . . . . 5
Agriculture water Supply and Distribution System 5
Water Available to Agriculture . . . . . . . . . 10
Agricultural Water Supply and Demand . . . . . . . . 12
Typical years . . . . . . . . . . . . . . . 12
Low water years . . . . . . . . . . . . . . . . 15
Current additional demands . . . . . . . . 15
D. Summary - Current Agricultural Water Resources . . . 16
PART TWO - FUTURE AGRICULTURAL WATER NEEDS . . . . . . . 17
A. Issues Affecting Agricultural water Use . . . . . . 17
B. Priority Issues and Projections . . . . . . 18
Urbanization . . . . . . . . . . . . . . . 18
Climate . . . . . . . . . . . . . . . . . 23
Conservation and technology . . . . . . . . . . 24
Water marketing . . . . . . . . . . . . . . 2$
Environmental issues . . . . . . . . . . . . . 25
Other . . . . . . . . . . . . . . . . . . 25
C. Future Agriculture Water Sources . . . . . . . . 27
Storage . . . . . . . . . • . . . . . . . 27
Importation . . . . . . . . . . . . . . . . . . 27
Reclamation . . . . . . . . . . . . . . . . . . 29
Conservation and new technology . . . . . . . 29
Summary, future water sources . . . . . . . . . 29
D: Relationship. of .Agrlcu.ltural Needs to. Supply
1 . Current agricultural setting 30
2 . Future projectlohs 30
PART THREE - RESPONSE TO AGRICULTURAL WATER ISSUES . . . 31
A. Relationship to Other Water Uses . . . . . . . . . . 31
B. A Possible Approach . . . . . . . . . . . . . . . . . 31
C. Regional Coordination . . . . . . . . . . . . . . . 32
D Recommendation . . . . . . . . . . . . . . . . . . 32
SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . 33
LIST OF FIGURES
1. Study Area Map, Bear Creek Basin . . . . . . . . . . 3
2 . Irrigation District Boundaries . . . . . . . . . . . . . 6
3a. Nature and Distribution of Bear 'Creek Flows . . . . . . 7
b. Monthly distributlon-of -precipitation . . . . . . . . . 7
c. Precipitation totals 1983 - 1992 . . . . . . . . . . . 7
4 . Agricultural Water Needs and Supply . . . . . . . . . . 14
5. Population Projections . . . . . . . . . . . . . . . . . 19
6 a. Urban Growth Land Use Projections (1 . 2%) . . . . . . . 19
b. Urban Growth Land Use Projections (2%) . . . . . 20
7 . Current Urban Development .Pattern - Study area . . . . . 21
T.TST OF TABLES
1 . Stored water and Stream Flow by Irrigation District 9
2. Water Available for Agriculture . . . . . . . . . . 11
3 . Average Irrigation Requirements per Acre . . . . . . . 13
4 . Irrigation District Water Needs and Resources. . . . . . 13
5 . Issues Affecting Future ' Agricultural Demands . . . . . . 17
6 . Summary - Future Agricultural Water Sources . . . . . 29
LIST OF ATTACHMENTS
1. History of Agriculture
2. Bear Creek Climate Data
3 . Estimated Value of Agricultural Production - 1992
4 . Summary - Bear Creek Water Rights
5. Water Supply Conditions, Western United States
G . Agricultural Needs Information, Bear Creek
� t
AGRICULTURAL WATER: USE .ItVENTORY: '. "
FOR THE BEAR. CREEK BASIN .. .
A Part of the "2050" Regional Water Resources Plan
PART ONE - CURRENT AGRICULTURAL WATER INVENTORY
A. INTRODUCTION
Background
water is a critical resource for everyone. In the Bear
Creek Valley people are dependent on water for domestic,
agricultural, industrial, recreational and wildlife habitat
uses . Water resources are limited . There are times when
virtually all beneficial uses of water are not completely
satisfied .
The drought conditions since the mid 1980 's illustrated the
nature of these limitations . Water users realized that more
long term planning was needed to assess future water needs
and supplies . Various water users joined together to
discuss their shared concerns. The Rogue Valley Council of
Governments (RVCOG) helped form a Water Resources Committee
to address the water situation on a regional basis . Sub
groups were formed to determine :
1) the total amount of water available to the Valley
2 ) the water needed for domestic uses
3 ) the water needed for agricultural uses
4 ) the water needed for instream uses .
once these volumes were estimated and totalled the committee
could begin to work out long term plans to deal with current
and projected water shortfalls . This paper represents the
agricultural water use part of the overall water Resources
Plan for the Bear Creek Basin.
Purpose
The purpose of this inventory is to summarize the current
and future water needs for agricultural production in the
Bear Creek Basin including Eagle Point and. the Eagle Point
Irrigation District .
p,Rproach
Part one of the report inventories the sources and amounts
of water available for irrigation and other agricultural
uses with emphasis on the water provided by each irrigation
district. The summer irrigation season deliveries, .
Individual water rights and frost control waters are
included as part of this inventory.
.'].The term ""irrigated' agriculture!! Vnclddes. th0..5e"..areas . served
by the' fobU ' irrigation districts (commercial a'nd
n.on-commercial crops ) as yell as any smaller parcels. and .
other uses s.ubject ,to i.rrigation 'water :Zi'ghts . .
Part one of the report will evaluate agricultural demands
for a variety of conditions including wet and dry years .
Part two ,of the report will project water needs for
agriculture into the future. This projection will consider
estimates of the effects of population growth, impacts of
conservation efforts, district "prove up" conclusions,
legislation affecting agriculture, facility improvements,
and any new water sources such as use of reclaimed water.
r
Part ,three of the report is a discussion of the relationship
of agriculture to other water needs and how the agricultural
community might address the - issues raised on a regional
basis .
The water needed for processing agricultural products can be
considerable . This water comes from urban source water
supplies and is covered-in the "municipal report portion of
the overall water resources inventory.
The source of information is the agricultural community
Including farmers, ranchers; and agricultural organizations
such as the Fruit Grower 's League, Rogue Basin Water Users
Association, Farm Bureau, Soil Conservation Service, OSU
Extension Service, Bureau. of Reclamation, U. S . Geological
' Survey, Oregon Water Resources Department, Oregon .Department
of Agriculture and other related interests as appropriate.
These and other contributors to the report are listed under
Acknowled4ements .
The "Bear Creek Basin" study area includes the Bear Creek
valley and the area around Eagle Point served by the Eagle _
Point irrigation District (Fig. 1) . The solid boundary line
represents the actual study area for acreage and water,
application calculations. The dashed line indicates those
areas that provide additional water or influence the amount
of water available to the study area.
Water imported into this area from other basins is included
as it Ss a resource available to agriculture in the study
area.
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A' brief. summary of the history of agriculture and Irrigation
compiled by the Bureau of Reclamation in a 1990 report is
provided in Attachment 1. A detailed historical overview of
agricultural development entitled, "History of the Rogue
Valley Fruit Industry" is on file at the Rogue valley
Council of Governments (Cordy, 1977) . See the dedication.
Climates
Attachment 2 summarizes the climate relating to agricultural
water sources as found in the Rogue Basin Plan (OWRD,
19.85) . Rainfall and temperature conditions vary.
considerably In. Jackson County due to the varying geagraphy.
Present Agricultural setting
Agriculture in the Bear Creek Basin includes row crops,
extensive orchards, irrigated pastures, specialty crops and
many smaller parcels, sometimes -cal-led "hobby farms" -where .
agricultural return is only a part of the owner 's income . A
detailed countywide description of the relative production,
cash value and a'creages' of these agricultural activities for
1992 compiled by the OSU Extension Service is found in
Attachment 3 . The Bear Creek Basin dominates this
agricultural productivity.
According to a 1993 survey of irrigation district managers,
the four irrigation districts serve approximately 6,600
parcels totalling 43,679 acres with an average parcel size
of about 2 acres according to district managers .
There are additional demands for water. Local irrigation
districts have several hundred applications on file from
people who would like . to receive water but who are not now
part of these districts . This represents a potential
increase 'in irrigated land in the future .
The agricultural community is, concerned about the adequacy
and reliability of their water supplies, a portion of which
is imported from another basin. There was not enough water
available during recent drought periods to meet current
irrigation demands .
There are concerns about the future of agriculture as a
result of growing urbanization pressures . Also,
urban/agricultural conflicts affect the cost of operation
especially for the commercial farmers and ranchers .
Irrigation districts in the Bear Creek Valley are undergoing
a "prove up" by the Oregon Water Resources Department to
verify the ability to .provide water to users within their
district . No major changes in the districts ' service areas
are expected . However, the exact acreage of water right
users in the Bear Creek Valley will not be known until the
r
r
G PRESENT-.AGRICULTURAL`WATER'US
1 ; Agricultural Water Supply and Distribution System
Due to the - lack of adequate precipitation during the growing '
season; most commercial agriculture crops depend on
irrigation to supplement water needs . Commercial and
non-commercial agriculture in the Bear Creek study area
obtain water primarily from surface sources including
reservoir storage and stream flows .
According to the U. S . Geological survey, only about 2% of
the local irrigation water comes from ground water sources
(USGS, 1993 draft, unpublished data) .
Approximately 60% of the irrigation water comes from
reservoir storage and 40% from streamflow. The water is
distributed in the basin by four irrigation districts .
These districts hold most of the water rights of customers
within their district boundaries. The Talent, Medford and
Rogue River valley Irrigation Districts serve the Bear Creek
Valley. The Eagle Point irrigation District serves the area
around Eagle-Point (Figure 2) .
The Talent Irrigation District (TID) releases stored water
from Hyatt, Howard Prairie and Emigrant Reservoirs as needed
for its customers and those. of the Medford Irrigation
District (MID) and the Rogue River Valley Irrigation
District (RRVID) . Hyatt and Howard Prairie Reservoirs are
located in the Klamath Basin.
The storage and distribution system in the Bear Creek valley
is often referred to as the "Talent Project"since it was a
combined effort among local irrigation districts and the
Bureau of Reclamation to fund and build the system (Fig 2 ) .
The Talent Project imports and distributes an average of
40, 000 acre feet additional water supplies for agriculture
In the Bear Creek Valley. A second source of imported water
is from the Applegate watershed.'whlch provides TID with just
over 1, 000 acre feet of live stream flow water .
without Imported water Bear Creek would be dry early in the
summer according to Watermaster ' s records.
The overall efficiency of irrigation is enhanced. by the
coordination of water use among the three adjacent
Irrigation districts in the Bear Creek Valley. The
districts cooperate with each other on .water deliveries,
scheduling and use of return flows . Lower irrigation
districts are able to reuse return flows from upper
districts thus improving the efficiency of the combined
system above that of individual districts .
Bear Creek is the main delivery channel to three major
Irrigation district diversions ( located, in Ashland for TID,
Talent for MID, Medford for RRVID) . Tributaries to Bear
Creek also carry irrigation water, augmenting over Goo miles
of canals and laterals (RVCOG, 1978 ) .
Ir
l `\ / � _.
,cxwcpREGON
M.dd4 �:A'OISTRICT
XEY MAP
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EAG'IE P01SrT ''•.;� �„„6a "�
IRRIGATION Of TRICT
' GUE RIVER VALLEY
<IRRIGATION DISTRICT
MEDFORD IRRIGATION
ism \\\ DISTRICT \
TALENT DIVISIPAP �* �rT
IRRIGATION
DISTRICT zes«L
A In
1 anuwo..
•' l �A '
' McDonald Canal \
\ A
OREGON CALIFORNIA
u<.Tta ST•T(T
FIGURE 2
IRRIGATION DISTRICT BOUNDARIES
6-
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The; long• '.t'erm annual dl.schaxge 'o.f' Bear Greek " is lllust rateA .
ln .Figure:.36: 'Figure 3b shows the- d'is.tribution .of
precipitation by mopthly percentages at Medford (OWRD..Rogue .
Basin Plan, 'i9,85) . Figure .3c illustrates the actual
precipitation recorded from 1983-1992 (Mail Tribune) .
FIGURE 3a_ HISTORIC FLOWS IN BEAR CREEK AT MEDFORD
(Annual discharge in acre feet * )
T200000 - — - — - — - — - — - — - — - – — - — - - - - - - - - - - - - -
1:.
w
a 150000 _- - - - - - - — — - — - — - — — ' - - - - - - - - - -
6
S
V
H
A
a
a 100000 - - - - — - — ' - - - - - — - - -
z -
x
6
50000
<
0 Ill 1 21 5 1 9 33 37 1 15 9 3 7 1 5 3 1 >D 9
YEAR
Courtesy U.S . Geological Survey * (lcfs = about 2 AF/day)
FIGURE 3b FIGURE 3C
PRECIPITATION DISTRIBUTION ($) 1983-1992 RAINFALL
MONTHLY DISTRIBUTION
2A
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¢ 22.53
J 15 4
< 20.32 ?
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O S
j1_tr ,310,
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(Courtesy Oregon Water Resources Department) 0i
034 843 853 86-7 87-8 88-9 89-90 90-191-2 92-3
i (
The.'Eagle. Point. Irri gat ion`.DIstrict. (EpID.) . re11eS .on .a...100
cribic feet per second. (cfs ) water right from Big' Butte Creek.
1.or all. its water : needs . " .H,bwever, 'actual . flows during
normal years are approximately 88' ._(cfs) during the.
Irrigation- season according to the manager, . Hazel Brown.
The District has an agreement with the Medford Water
Commission whereby any Big Butte Creek flows used by the
Medford Water Commission which reduces district flow needs
are replaced by releases from Willow Lake into Big Butte
Creek . The 8,000 acre foot capacity of Willow Lake is an
operational resource to the district, but should not be
considered an agricultural water source widow eke is
�tkieXe ore notincluded in resourcecalcula;tio s in Table: �.
The irrigation season legally begins April 1 for all four
Irrigation districts and extends through October 31 of each
year . In the past the irrigation season has been cut short
due to the lack of adequate water resources .
Irrigation districts are 'allowed to distribute water between
Feb '15 and April 1 for acreages with frost' co6trol water
.rrghts. - Approximately 30 cfs of streamflow is available
from Bear Creek and its tributaries for this purpose .
Summer water distribution is usually on• a two week rotation
basis though this rotation period may be extended during
periods of water shortages . The irrigation districts are
careful to insure customers comply with water use policies
and do not waste water, sometimes adding staff expressly for
this purpose .
There are many "best management practices" (BMP ' s ) such as
sprinkler conversions, small ponds, gravity irrigation
conversions and buffer planting being used to improve
agricultural productivity and irrigation efficiency.
Table 1 summarizes pertinent data provided by each of the
four irrigation districts including acreage served, number
of customers and water availability. .
There is a relatively large percentage of smaller parcels
served by irrigation districts . The average parcel size for
all irrigation districts is about 7 acres . The Medford
Irrigation District, for example, serves 1, 300 parcels from
0 - 2 acres, 400 from 2 - 5 acres, 200 accounts from 5 - 10
acres and 270 accounts greater than 10 acres in size .
The parcels of less than 10 acres ( 88% of MID customers ) are
often referred to as "hobby farms" implying that they are
non-commercial operations . While individual small farm
production may not be large, the cumulative contribution of
the large number of such farms is a major aspect of the
agriculture economy in the basin . Many owners of small
farms depend on the supplemental income from their land .
In reality, small farms reflect an important and prevalent
land use, an economic income to the owners and a significant
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2. wateX ?available to . Irrigati.on and- Qther .Agr.icultural. Uses
The water available- for agricultural irrigatlon includes
annual precipitation and runoff, water. stored from runoff,
and groundwater . Table 2 s'ummari.zes resources available to
the Bear Creek Basin for full reservoir, "normal" and
drought years . The combination of natural basin
precipitation, storage and Inter-basin transfer results in
approximately 175. 000 acre feet of water available to the
four Irrigation districts on a "normal" water year .
Storage - Table 1 shows 143, 000 acre feet (AF) of reservoir
storage capacity and notes some delivery limitations . only
36, 000 AF of the 60, 000 AF capacity of Howard Prairie
Reservoir can be caftied by the canal system to the Bear
Creek Basin in any one year . ET,hec;istieso.f:'Pshiand, and�
Talent-,,,contract _witfi_,TID,,fo.r_2•,19.5acre_feet-of water
,ass,Lgned�to munic,lpal uses from Howard Prairie Reser�vo 9.
Hyatt and Howard Prairie Reservoirs can provide water for
three consecutive drought years and refill in about 3 years .
Evaporation from these reservoirs can total almost 15-.000 AF
assuming an evaporation rate of 36"/year and 4,767 acres of
reservoir surface area (SCS and TID data) . This amount can
be significant if successive low water years deplete storage
reserves in upper storage reservoirs . Evaporation from
lower reserviors such as Agate and. Emigrant ( 3,000 AF/yr )
does impact annual water availability.
Stream flow - The four irrigation districts utilize
approximately 75,000 acre feet of stream flow during an
average season, approximately half from Big Butte Creek for
EPID and the rest from water rights on the Bear Creek
system. Irrigation districts divert their "live Stream
flow" right early in the irrigation season when there is
adequate flow and to delay the release of stored water as
long as possible . Stream flow water rights can go unused if
the demand is 'less than available stream flow.
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The �ong�te=m�average�:.ahnual�y1e33aforSea=�Creme measured
at the Medford gaging station is 82, 590 AF ori161.3gu"�b c feet
;pe='�z�second3(cfs ) including imported waters (owRD Basin Plan,
1985) . ijat6Y7rIght$ listed for Bear Creek total oa 5004
s (Attaehment 4 ) . Bear Creek was closed to further
appropriation in 1959 because natural flow amounts were not
adequate to satisfy all stream flow water rights . Until the
"prove up" is completed, It is not possible to determine the
amount of these rights actually being used .
According to the irrigation district managers and the local
watermaster, individual water right holders, separate from
Irrigation districts, irrigate approximately 5, 000 acres
within the study area .
Approximately 3, 500 acres of land are irrigated by
independent water rights on Little Butte Creek outside the
study area . This use influences the water available to the
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3: A9r16 ulturai,'.water Supply and Demand ' . .
a . Typical supply and .de.mand
According to the Bureau of Reclamation, the Bear Creek Basin`
needs 50, 000 to 70, 000 acre feet of additional water
annually to meet current irrigation, domestic and in-stream
water needs . (Bureau, 1990 ) .
Irrigation district managers believe the 175, 000 acre feet
of water available during a "normal" irrigation season 18"
adequate to irrigate the 44,000 acres of land receiving
water within the four districts .
There Is no way of knowing the adequacy of stream' flow water
available for all independent historic water rights listed
In the study area until the current "prove up" verifies
acreages actually under irrigation. These rights total over
500 cfs (Attachment 4 ) . It 15 expected that many of these
rights are no longer used and that those used may .not all
receive adequate water for their needs .
The Oregon State University Extension Service researched the
amount of water used by various crops in the study area . ln
1965. Research over the past five years by the Bureau of
Reclamation further refined this information (Buchheim,
1993) . The recent work involved over 10,000 irrigated lands
served by the Medford Irrigation District . while this
represents only 1/5 of the irrigated lands in the study
area, it does include a large percentage of parcels less
than 10 acres In size and virtually all the types of crops
grown in the area . The Bureau found that :
• the average water need for all crops during
Irrigation season ( including rainfall ) 26 . 8"
*effective rainfall (that which contributes
to crop growth during irrigation- season) 4 . 2"
• net irrigation requirement
(excluding rainfall ) 22.6"
The Bureau research also included a determination of the
delivery system and on-farm irrigation efficiencies. Bureau
officials found the gage`�-deliveiy�effictiency,was':80� and
%on-famefficienciesjwere, �or 56$;�av� all (Buchhe'iig,
1993 ) . These relatively high efficiencies are due to the
reuse of Irrigation return flows among adjacent districts
and the effective use of best management practices on high .
quality soils .
According to officials from the Soil Conservation Service,
there are irrigated lands In the study area where
limitations in topography and soils result in irrigation
efficiencies below 50% on farm.
-AVERAGF, IRE GAT ION SIST •M R O R M NTS - PER ACRE '
Crop Consumptive Use per Acre per Season 27"/Ac.
Irrigation Requirement Only
( in addition to 4 . 2" of effective rainfall ) 23"/AC
Water Required at Farm Gate
(assumes 70% on-farm efficiency) 33"/Ac
Water Required at Storage/Diversion Point 41"/AC
(assumes 80% delivery efficiency) (or : 3 . 4 AF/ac)
Total Amount of Water Required for 4 Irrigation
Districts (at storage/diverslon point) 149, 219 AF
Irrigated. Acreage ( four Irrigation districts ) 43, 674 Ac
Irrigated Acreage ( independent users) 5, 000 AC
Total Irrigated Acreage (Bear Creek Basin) 48, 674 Ac
A comparison of irrigation district requirements with water
available during "full reservoir", "normal" and drought
years is shown on Table 4 and illustrated in Figure 4 .
TABLE 4
IRRIGATION DISTRICT WATER NEEDS AND RESOURCES
(acre feet at point of diversion)
Full Reservoir "Normal" Drought ( 1992 )
Water Available 192,920 174, 794 106,998
Water needed ( IDs ) 149, 219 149, 219 149 , 219
Carryover
(or deficit) 43,701 25, 575 - 42, 221
The data, show that the capacity of the irrigation district
system exceeds customer water demands by almost 44, 000 acre
feet during "full reservoir" and 25,000. acre feet during
"normal" water years . There is a deficit during drought
periods of over 42, 000 acre feet in irrigation districts .
If the 5, 000 acres of independent water right users are
added and assuming that 30% of their need went unmet
(similar to irrigation district shortfall) , then an
additional 5,000 acre feet of water would have been needed .
The total deficit would have been approximately 47,.000 acre
feet in 1992 . It is not known how many other irrigation
needs went unmet in 1992 .
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Irrigation supplies are not adequate during low water years
Each of the four irrigation districts summarized their
deliveries during the 1992 ' irrigation season after 8 9
years of extremely low precipitation (Table 2 ) . The period
from 1983 to 1992 (Fig. 3c ) was one of the most serious
water short periods on record, a Category 4 on the Palmer
Drought Index (Attachment 5) .
The lack of adequate water supplies In 1992 seriously
reduced agricultural productivity. Irrigation district
customer demands alone exceeded supplies by over 42, 000 acre
feet (Table 4) . Rotation schedules increased from every two
weeks to as much as four weeks between deliveries .
.Irrigation district deliveries stopped as much as two months
early. Many farmers elected not to plant crops in 1992
expecting inadequate water supplies . Impacts were
particularly severe for the livestock farmers relying on
poorer quality soils.
However, 1992 could have been much worse for agriculture .
Fruit developed early reducing late irrigation demands . - The
Irrigation districts were able to monitor supplies and
coordinate their water delivery more efficiently than ever
before. Extreme conservation practices by irrigation
districts and customers also saved water .
Past investments in "best Management Practices" which
conserved water and improved on-farm productivity helped to
reduce the financial Impact of inadequate water supplies .
Sprinkler conversions, for example, can reduce orchard water
consumption by 30%.
c . Current additional demands
How much more land would be irrigated in the study area
today if enough water were available? Any additional lands
would have to have adequate soils, a potential water source,
be large enough to justify the costs of the system and have
an owner willing to invest in the effort.
Ed Weber, former District Conservationist for the Soil
Conservation Service, surveyed potentially irrigable lands
In 1984 . The inventory estimated there were approximately
1. 300 acres of land in the Bear Creek Valley which could be
Irrigated from the existing distribution system if water
were available and improvements were added (Attachment 6 ) .
The acreage maybe less now due to urbanization .
The Rogue River Valley Irrigation District serves 633 acres
with water only "when available" by agreement within their
water right permit. This represents a 2, 000 acre foot
additional annual demand .
Irrigating 2, 000 acres of potentially irrigable and "when
available" lands would require approximately 6, 000 acre feet
of water at current application rates .
PART TWO - FUTURE AGRICULTURAL WATER NEEDS
A. Issues Affecting Future Agricultural Water Use
Future agricultural water use will be affected by such
issues as urbanization, climate, changes in cropping
patterns, water availability and environmental and other
regulations. These issues are summarized in Table 5 below.
TABLE 5 S
a _
h
SUMMARY - ISSUES AFFECTING FUTURE WATER DEMAND
_:Issues Reducing Future Agricultural Water Needs : '
• Population growth and urbanization - converting
agricultural lands to urban uses
• Climate - cooler, wetter
• Promoting conservation, technology and best management
practices - increasing irrigation efficiency
• Legislation and regulations - mandating reduced water use
(160 ac . min . size; 1/80 cfs per ac limit)
• Cropping changes - to crops which demand less water
Issues Increasing Agricultural Water Needs :
• Climate changes - warmer, drier
• Adding new Irrigated acreage
• Parcelization - .complicating irrigation distribution
*Cropping changes - to crops which demand more water or to
more intense farming
• Environmental requirements for
- augmenting flows for Instream beneficial uses
- ground water recharge
• Legislation and regulation - facilitating farming
practices
• Land use planning - guiding location of urbanization
• Accessing new water supplies - allowing more irrigation
• Water marketing - opportunities for agriculture to sell
water for other beneficial uses
• Society support for agriculture - actively conserving
productive agricultural land
• Agriculture 's view of the future - proactive planning and
Involvement
• 17
D.• Summary. Curr.Qnt hg•r.icultµral water. Resources'.
There :appears to tie adequate water supplies in the Bear
Cr�ek -Basin during "normal" or wet 'Water years. to serve
existing irrigated acreages . Much of the water not used
during the year ideally remains in high reservoirs carried
over for future low water years .
Adding the demands of potentially irrigable acreages
( 6,000 AF) would further reduce reserves for carryover .
There is not enough water available for existing
agricultural acreage during drought periods as shown by the
cumulative impacts of low water years of the late 1980 ' s .
her-e ,&4 enough water �a airlable to meet the combi-natiory
�. - �. .m .
of�iexisting ix=r SOV IN ids,`all4p� otent__ ially irr-A, ble; langs
�n. smme�;, �str�aniai�l,�W:.tiraxez��,.�hG�eareri�nri�wears :°;
' Overall, approximately 50, 000 acre feet of water is
currently needed to overcome depleted resources resulting
from extended drought -Deriods .
The amount of additional water needed to meet unmet water
rights is not known.
B. Praorlty Issues :-in Agricultural''.water .Use Proj'ectio'ns
Piojectlons .of 'the water resources needed In the ...future must . '
consider the variables noted in. Table 5 . The .issues
projected as having the most impact on agriculture are urban
growth, land use decisions and climate as discussed below.
CA;F-M cal�factoruwill ,bdAthe;_value :placed on�.�.aggricultura
xesources; byasoc e y :an8,',fariners,in `tfuturg . The higher
the value placed on this m
resource the ore will be done to
promote its future viability.
1 . Urbanization
Tom"°"sk' 'aniF)`cant acto�`u`raf-f ecti�na�'ag� 'il:ti+ralsti+ater�use'
Yn�Th- futur"°° ei=3IMHIP <ur'�"�ba�n growtht Population growth
through the year 2050 could convert a significant amount of
agricultural land to urban uses decreasing agricultural
water demands and increasing urban demands .
Agricultural water use per acre can be compared to urban
residential use and a city overall as follows :
* typical irrigation requirement on-farm: 23"/Ac/year .
( 2 AF/Ac) ; at deversion: 42"/Ac/year ( 3 . 4 AF/Ac /vr )
* residential use alone :
(150 gal/person/day x 3.2 people/house) 500 gal/day
( 4 houses per acre x 500 gal/house ) 2, 000 gal/Ac/day
(x 365 days/year = 730,000 gal/year ) or 2 . 24 AF/Ac/rear
* urban water use overall (Medford water Commission data) :
average water delivery, all uses 11,900,000 gal/day
(= 36 . 5 acre feet/day x 365 days/year ) = 13, 325 AF/year
(Medford = 18 . 5 sq. mi . or 11,840 Ac) = 1 . 13 Af/Ac/vr
Low range population growth oroiection - ( 1 . 2%)
The most water will be needed by agriculture if future urban
growth follows lower projections . Portland State University
has applied a 1. 2% growth rate for the urban areas within
the Bear Creek Basin including Ashland, Talent, Phoenix,
Medford, Jacksonville, Central Point, White City and Eagle
Point (draft 112050" Urban Water Plan) .
This estimate shows a population of over 207, 700 in the year
2050 . This is two times the 1992 urban population of
104,000 in the Bear Creek Basin (Fig. 5) .
The amount of new urban land required under this
conservative scenario can be estimated by calculating
existing .urban densities . The 1992 population of Medford is
approximately 50,000 people occupying 18. 5 square miles or
11,840 acres ( 4 . 2 people per acre ) . d_'d151@ 109,,00,0-people
at s1mmllar densities would;irequirexapprox matelys 2 QOi
� z� a o t ow
k-Bas' nd I f aTT'this growth
replaces irrigated land, the agricultural water need would
decrease by approximately half or 75,000 acre feet. per year .
' FIGURE 5.
URBAN GROWTH PROJECTIONS - • BEAR` CREEK' $ASIN` '
( populatI on: x .1, 000 )
Portland State University Projection ( 1 .2% )
Recent Urban Growth Rate ( 2%) �,—,� X 328
200
' 25a
CL X�
240
8 u8
Ile 184
164
130 Iz�
119
100 144
e0
1970 1920 1990 lOOO 2010 2020 2m0 2ao 1050
YEAR
FIGURE 6 a
URBAN GROWTH & AGRICULTURE LAND USE
PROJECTIONS AT 1.2%GROWTH RATE
OAgriculture ■Urban
50 48 48
44 44
45
40 40
40
35 36
35 32 32
0 30 79 28
24 25
25
20
15
10
5
0
1992 2000 2010 2020 2030 2040 2050
YEAR
(Assuming .growth occurs on lands now irrigated )
-1 4'-
:: Hiahranae 000ulat'ian •growth orolec.t,ion � . ('2�s.) '•, .
Agriculture will require less water if more.-popuLation
growth reduces the amount of . ir.riga-ted acreage. Projecting
a constant 2% populatio'n. growth rate typical of the last few
years, t�he,�20�,5q,,��populatiott�ln, he,; b�asin �rba,yizedd�:ar_e,�as
�ro�ld rbe� ,28,0.00;people'„a - � ncrea'se,�ovez�Y59;2 ,
vels .- 'Over ;80-square mSlessiS2'Oes:�o n
nd:':would�berequ sedan acr aged°argerthanthecurrnt
S�C•rgated:;acreage.�in _the:atud'y:'ar:ea� (.Ei''g�6b)�`�2�=�
URBAN GROWTH & AGRICULTURE LAND USE
PROJECTIONS AT 2.0% POPULATION GROWTH RATE
FIGURE 6 b
OAgriculture ■Urban
90 82
80
67
70
60 __ _ 55.
°0 50 {B {{
{1
38
{0 I{ 32,
30 2{ 22
20 15
,1G
30
0
1992 2000 2010 2020 2030 2040 2050
YEAR
The above scenarios assume that past land use decisions and
trends will continue into the future and that growth will
expand concentrically from existing city locations
continuing to impact the best agricultural lands (Fig. 7 ) .
However, the factors governing land use decisions and future
populatlon .densities are changing as described below.
Optimal agricultural water use projection ,
The optimal view of the future of agriculture expects the
most water demandTheie ` � roF►i�itg =interest y )i�
ubl'1 Ito res z,�e resourcesSif o co v zs ro�fpthe
use : .Agricultural lands grow valuable food crops and
provide a quality of life through the open space
environment. Jackson County planning officials note that
there has been a dramatic decrease in subdivision approvals
and parcelization in the county since the late 1980 ' s . New
regulations affecting resource lands further limit the
formation of new, smaller parcels in the county.
Urban growth will continue but may be located on lands less
valuable for agricultural production .
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TIj,— 1:rrhds fuOY C:.9U5 lOp1.21^t_.) Oli .rjr(-)wV1) l:i_ /'i fli:isll.l_r.yl_ IIIi;Y-r:
L.n. cities.. ... The county and cities, a re .working . to9ethcr to,
lnlrrd?F .co'Ctcentr'1c outwur$ :"e:•:pinsioris. SxrtO T.he high value `
agr1.cultural- lands . Major cit.les like Medford are- taking .
care to guide. urban ;growth boundaries toward lower va-lue
lands' on the hillsides, if possible (Eisenhard, 1993.) .
Growing public. pressure may force more development toward
non-resource lands . Agricultural' interests are particularly
concerned about the developmental impacts on the high
quality lands around Central Point .
It 15 conceivable that more residential growth might occur
In the Eagle Point area along with commercial and industrial
growth in the white City area where the poorer agricultural
soils exist . This shift in growth trends could help
conserve the higher value lands in the Bear Creek Valley.
Although there is a question about the public 's current
desire to increase densities, urban densities may increase
over the long term. Many retired residents do not need
local employment . They may buy smaller houses and lots .
bride i sdsce'r►a io. p`erl aps only /3_tof Kis.tiiigtacrer�g
iri13J ,�c n�er�t„�$�;'pu'��zb � r'- helc�+rre�snonar ;
v.,__ �.
annua .K er demannd rim 3nq=at-about 100,000 acre.feetf.
Discussion
tyrbanizat.lon will .be'..a critical factorjaffecting long term
agricultural water needs . The agricultural lands remaining
In 50 years may be the most productive orchard and specialty
crops grown on the best soils with the least urban
conflicts . Agricultural lands closest to existing urban
areas are the most vulnerable to urban growth (Fig . 7 ) .
Parcels of 20 acres or less may remain due to public demand
for this lifestyle . These smaller parcels might not be
split for more intense development. Larger commercial
lands, however, may become so valuable near growing cities
that only development interests can afford to buy them. The
next generation of farmers may not be able to afford to buy
these lands so the lands may convert to other uses .
Costs."forn,irr-1 gat Ion 4watei,:could-,increase for-,the_.remaining •,
wl lyd"gatedo.lands.as la resultr,ofrurbanlzationt. There would be
less agreage base to pay fixed costs . Increases in farming
costs such as $50 vs . $35 per acre foot for water or new
requirements for BMP. improvements could make costs exceed
returns especially on pasture land . Also, agricultural
yields will decrease and costs will rise if agriculture Is
forced out of the valley and onto poorer soils .
reri a actor wlzl� be1how5`societyg values agr-ILcultuYe
Urangrawthectendrat eompete^ fort agi( cultural la�n
,pa t ayUOlya1nz eva�lAeys4'where>the,tbest iZifj,;exis, 4d:--where
construc.ti.onsl'sea8lerWJ Society can become more aware about
4
all the benefits
of agriculture provides 'including food,
quality of life and low environmental impacts . A society
which values agriculture will learn to protect prime lands .
2
11 rria
The. .second most significant: IsElue.. is 11 kely to .be futur.e...' _
climatic conditions : Variations in climate 'can be extreme . '
A decade such as 'the 1580' s yielded orily -3/4 of .the "normal
rainfall expected based on long term averages in Medford .
'Future extended drought periods will deplete , storageL
reserves to a point where the 1992 -irrigation season might
be repeated.
The 1983 -1992 drought period was - one of the most serious on
record, below 4 . 0 on the Palmer Index (Attachment 5) . it is
possible that this degree of severity extending beyond the
three year storage reserve capacity could reoccur every 20
to' 40 years . It could also happen again in the 199015 .
Low range projection - If the area experiences average or
better rainfall amounts., there may be little change in crop
demands except for that due to other factors.
High range demands - If the drought patterns of the 1980 ' s
become more frequent and current agricultural--acreages
remain, agriculture -will:need -appr-ox-i-matel-y-50•;000= ac.r-e-feet
more water .to meet its current needs .
3 . Conservation and Technology
Agriculture will likely continue to promote and adopt new
conservation practices voluntarily. Irrigation districts
recognize that canal lining and conversions to piped
pressure sprinkler systems will conserve water : Many
growers are converting t.o overhead, under tree or drip
irrigation systems which can reduce water use (and pumping
costs ) considerably. There will be more use of runoff and
regulating ponds to conserve and recycle water and to
increase irrigation flexibility. These investments such as
new pumps and power costs can be expensive .
Such "Best Management Practices" are expensive and may riot
be as cost effective on lower value pasture lands as on more
Intense row crop or orchard lands . Limited funding is
available through the Agricultural Stabilization
Conservation Service (ASCS ) and Soil Conservation Service
(SCS ) to help farmers with these improvements .
New technology wlll Improve delivery and on farm
efficiencies . The Bureau of Reclamation is already
monitoring hydrology and agricultural meteorological farm
water data in Medford . This "Hydromet" and "Agrimet" data
allow growers and irrigation district managers to track
reservoir supplies and anticipate crop water demands more
precisely (Attachment 7 ) . Such technology can save water by
ensuring that only the water needed is brought down to the
diversions . Knowing crop water needs reduces excess
irrigation and runoff .
It; may,'be, possible. £.dr•'ix.rigation. ,districts.. to_•cornverit.. fxom:..
a'. rotation to an on=demand .de3ivery system i.n .the '.future .
This.'Is •a major change, but it could allow new ,typ'es of
crops i'n. the' basln..
Pertlaps' an overall efficiency rate of 65 - 70% (currently
,55 - 60%) may be attainable by the year 2050 . This goal is
achievable if a high percentage of productive crop land with
effective "BMP 's" remains . The efficiency rates mentioned
here are, already better than other irrigation distribution
systems elsewhere because of the effective reuse of waters
among adjacent districts .
More and more commercial and small, "hobby farm" , operaters
will use the lawn watering guide published in the local
newspaper . Knowledge of these daily evapo-transpiration
figures can reduce unnecessary crop and garden watering .
However, &„g servingyi_z agati'on water7can-have'negati�voq
(P pttTC Irrigation water not contributing directly to
plant growth can benefit other users . Downstream users,
natural stream flow, ground water and wetlands all benefit
indirectly from agricultural irrigation. Lower elevation
irrigation districts depend upon runoff from districts
above . Irrigation and the distribution of irrigation water
can recharge ground water supplies (refer to the ground
water portion of the 112050" Municipal and Industrial Plan
for more details ) .
9 . Land use planning
Land use planning is becoming more effective in preserving
resource lands . Maps of high value soils are available to
decision makers to indicate potential productivity. Some
cities are attempting to guide urban growth away from the
best agricultural lands .
5. water Marketing
Agriculture may be able to provide water for alternative
uses in the future in or outside the basin. Growing urban
populations may need additional water supplies . More water
is needed today to solve instream water quality and riparian
needs . New demands outside the Bear Creek Basin (such as
Sam's valley) may utilize water resources from the Bear
Creek system.
Many legal and procedural issues will have to be addressed
in order to market water . The Oregon legislature has begun
to deal with several of the issues during the 1993,session .
Ehviiohfire'ritd•1 i'ssues,: `
InstrFarn enhan'r-ement. - .Protecting and enhancing instreara.
beneficial uses of water depends on better water quality
and, in the Bear Creek Basin, increased flows . Protecting
endangered species and riparian habitat is a growing
concern. Agriculture ,water management .refinements- may
result in the release of water, supplies for stream enhancing
flows without compromising continued on farm water '
supplies. (Note, agriculture already enhances local stream
flows by storing winter runoff for summer distribution using
natural stream channels ) .
Runoff controls - The ,Department of Environmental Quality
(DEQ) 'Is required to improve the water quality of Bear
Creek . Agriculture is being asked £o reduce its nutrient
and sediment contributions to natural streams by reducing
irrigation runoff.
Reclamation - Treated effluent can be a new water source for
Agricultural Irrigation . Both the Ashland and Medford
:treatment plants .may make treated . (class 4) water available
for agricultural reuse . This could_A nvolve up to 20,000
acre feet of water available during the irrigation season in
the year 2050 .
7. Other Issues
The following Issues also need to be considered when
projecting future water needs for agriculture .
Parcelization - Large agricultural acreage in the past
tended to be subdivided into smaller parcels . Delivering
irrigation water to many smaller parcels is generally less
efficient than to a few larger ones thus requiring more
water to do the same job. However,- recent trends In land
use planning practices indicate a marked decrease in
subdivision .activity outside urban growth boundaries,
according to Jackson County planning officials .
Land use laws could allow resident farming of smaller
parcels increasing productivity to the point of adequate'
economic return.
Legislation - There is an increasing amount of legislation
which is aimed at preserving the environment, -improving
water management and limiting agricultural conflicts . Such
"right to farm" legislation can have significant effects on
the nature and viability of future agriculture . To the
extent future legislation helps protect agricultural .
production, there will be a proportional need for water
serving those lands .
-25-
Rwgs�Ja i6ri . '=. .New.. re'gulati6ns .'can. decrea.6e:,a4ri6u.ltura1 water:':;,
U£-e . - However, agricultural productivity could als.o ' be
decreased, due ..to . reduced operational flexibllity.' . The rate. .
aand 4uti'2s propos.ed ,by the' Oregox water ,Re's6i)rces. Department
such as a. limit of 1/80'. cfs' per •acre per season may not be
adequate for some types of crops or soils. The 'Bureau of
Reclamation also enforces acreage limitations under the
Reclamation Reform Act and requires certain reporting of
Irrigation on lands benefitting from Bureau projects .
In some cases bureaucracy can limit local flexibility to
implement system improvements . The Bureau of Reclamation
must approve any major changes to the "Talent Project" .
Such approvals can be time consuming because of the
possibility of extensive federal reviews . This decreases
the operational flexibility of the Medford, Rogue River
valley and Talent Irrigation Districts . The Bureau works
cooperatively with local officials but must also comply with
complex (and growing) federal and state regulations .
Economics - Agricultural lands may be sold for another use
because the monetary return-is'too low-and/or the problems .
Involved in farming: in the future become -too -large for the
owner to continue farming. Many farmers count on the
increasing value of their lands as a possible future
resource. As these lands become more valuable near growing
urban areas, land use conflicts increase and the pressure to
sell becomes very strong.
Conversly, future laws may allow water sales among Users
without threatening_ the original water right thus increasing
the flexibility of agriculture to share water resources .
How does agriculture view
.ft.
ts 0-wn future? If there is a consensus that agriculture
will remain a major economic force in the area, more
agricultural land will remain in the year 2050 . If not, or
If there is no real consensus, then more agricultural lands
will be converted to other uses .
,many. commercial farmers have-voiced the concern that their
ch ldi,en and._othirz young pe_op1 do not' want'to go intoo
. farming. There are more "pro'fitable'" careers `with• better
salaries and fewer problems . The lack of new young
agricultural professionals may mean that the existing
agricultural lands will not have agricultural buyers when
current farmers retire . The implications are that these
lands will be sold for other uses .
Where.must"-be -an° economie, i•ncenti've `toTifa'YmJ which encourages
today's farmmers`to stay"in agriculture Agriculture also
needs to be an attractive career for our children. Perhaps
additional ways can be found by society to keep all the
benefits of agriculture viable in the future .
�.:.Futur.e,.AgY1,cuJ.,tu.zal Water. Sources .,
_
:. The: development of -addi,tlonal water sources will .hel:p. reduce.. ..
the impacts -o£ future* extend 8 drought' per.iods 'and .help' meet:'.
'the needs of potentially irrigable lands . ' Those sources
include system improvements such as additional storage,
Importation, conservation and reclamation are described
below. Additional" streamifloas' are not available because
Bear Creek was closed to further appropriation by the Oregon
Water Resources Department in 1959 as total water right
demands exceeded available flows .
1. System Improvements
The Bureau of Reclamation reviewed existing irrigation
district facilities in a 1990 report entitled,
"Opportunities for System Improvement" . The report
noted_that. expanding . the 9, 000 acre foot' Agate
Reservoir" to 8, 000 AF would increase effective water
availability by 13, 000 AF through better water
management. The estimated project cost then was
$6;000,000. ..Enlarging-Agate And possible on farm
Improvements-were "the.:only. projects reviewed considered
cost . effective . A summary of that report 13 included
In Attachment 8 .
New storage sites are also limited . The Rogue Basin
Plan notes a 3, 300 acre foot site on Walker Creek
northeast of Ashland as a possibility (OWRD, 1985) .
Large storage projects are difficult to build and
finance during these times of increasing environmental
concerns and agency permit processing .
The future may lie in the development of more small
farm ponds . Such ponds can store both winter runoff
before irrigation season start§ and excess canal flows
during irrigation season by .arrangement with irrigation
districts . This increases on farm irrigation
flexibility and efficiency• as well .
Small impoundments ( less than 9 acre feet capacity) are
not subject to as many regulations as larger ponds .
Information outlining the procedures for developing a
small pond is available at the SCS and State
Watermaster 's office in Jackson County.
2 . Importation. - Lost Creek Reserves
Approximately 35. 000 acre feet of water is designated
for agricultural use in Lost Creek Reservoir . water
rights are granted on a first come, first serve basis .
The Rogue Valley Council of Governments coordinated a
preliminary feasibility study in 1991 on transporting
that water to the Bear Creek valley. The costs
exceeded 590, 000, 000 for 60 cfs during the irrigation
season and could not be justified by agricultural
benefits alone . Fish, municipal and water quality
benefits may justify further review in the future .
t
'., RQC-lAmation:. .
Tte agriculturai—reuse :of. treated.. effluent. ( reclaimed water )
from urban. waste 'water treatment -plant's is becoming more
common . Increasing water quality concerns and regulations
regarding nutrients are limiting the ability to discharge
the treated effluent into streams . However, agriculture can
use this water provided the water is properly treated and
• monitored .
Both Medford and Ashland are considering land application as
an alternative to stream discharge.: They are currently
working with individual land owners and irrigation districts
to investigate 'this possibility. The Reg.ionagwater Quality
control Plant treated volume in 1993 is Ilion
(gallons a daEON-m7da ) . Cslk an _ s :volume is %da•
�eive._potentiallv-ii=z-igable�=land==i•n the Bear Cieek basin�
Ashland's discharge point, adjacent to the TID diversion,
is convenient for agriculture . The region ' s effluent would
need to be transported to Sam's valley or to Agate Lake
where it could be carried by canal to the Phoenix area .
Agate Lake could be enlarged to hold winter flows and become
a better regulating reservoir in the process .
A reclaimed water supply is amore reliable source than
_stream flow or storage which depend on rainfall . The
constant nature of these flows is a major benefit• to
irrigation water management. The use of reclaimed water
could serve the more frequent irrigations required of
shallow rooted plants . Some agricultural lands could
benefit from water available "on-demand" rather than only
every. two weeks . New crops might be feasible in the valley.
The cost per acre foot of accessing reclaimed water may be
less than the cost of developing an equal amount of new
storage . Municipalities also save on the treatment costs of
water applied to the land as compared to that required for
discharge to "nation' s waters" .
Accordinq to Jim Hill, Medford Waste Water Treatment Plant
operator, reclaimed effluent treated to the level planned
for has no use restrictions and has been used successfully
in similar situations . A cooperative program would be
implemented to educate both the public and any concerned
food processors that reclaimed waste water is as 'safe as any
existing irrigation water .
Reciaimed,-wa lumbg' will inc� re'as� in proportion to
fA'tukic_KtlY#iarY� - A' future urban population of 208, 000
wo generate approximately 25, 000 AF of water annually; a
population of 328, 000 would generate almost 40, 000 AF of
water a year if wet weather storage is provided . This• is a
major potential resource for agriculture .
{
7 {
y+sdams .br.water'� img9 t!1� nit pro, ec•ts M
4 . Conservation and New Technology
Agriculture may be able to realize a 10, - 15% increase
In water availability over the next 50 years through
continued promotion of on farm and delivery
conservation practices . The use of such technology as
Hydromet and Agrimet can help irrigation districts and
farmers meet this conservation goal .
5. Summary of Future Agricultural Water Sources
Table 7 summarizes the sources and associated water
amounts that might be +available in the year 2050 .
-TABLE -6
POTENTIAL NEW AGRICULTURAL WATER SUPPLIES - YEAR 2050
Source Amount
(AF)
SYSTEM IMPROVEMENTS
Walker Creek Dam * ' 3, 300
Agate Reservoir enlargement 13, 000
small ponds * 5, 000
IMPORTATION
Lost Creek 35, 000.
RECLAMATION
today: Region (17, 000 AF)
Ashland ( 2, 000 AF)
future 2050 population 270, 000 :
(available Mar . - Oct . ) 30, 000 Af/yr
CONSERVATION (AF at diversion point )
On Farm improvement ( 5%) * 7, 500
System Management ( 5%) * 7, 500
* The most likely of these possible sources to become
reality are conservation, reclamation, the enlargement of
Agate Reservoir and the construction of some small ponds
which could total over 50 .000 acre feet of additional water
for agriculture and other users .
o D: RelatSonslSi�i..of 'Agricnlfural N.e'eds .:to; Supply,
.. �;T-s �urePt_Setit.7�nq•. . , , . .. . . -
The current status of .agri'cultural water resources can be '
s
,Uggri2L_ fzed` as follows :
*i!Lagrtculture-;w atex`resoyxces�a adPa ,a .: to se m_ e�ex 5ttng
`irrigation.needs during 4"normal"4 and !we,t" yeaifs
* agri'cultura"1;,��tater esau Cr es:,�a a 'ot-�Ui°deouat'e o e'etl`tce
�CO�Kfna't�ion , l�l
ppottenti�al�l�zr�i agile lands and unmetu`s r"'am fjl wader
fir,i gh t s�e ve n�•o n��'wet�,ye a rs�.
* ver 4'O b00 o` _Vsv=needed�to-�meet exist?rn2n'
-19a iion�Pdal'iiai it a�i��w 1tfflT_rind`s'. .
* much of the agricultural water resources not used during
one season is reserved for. future drought demands
* adding the demands of potentially Irrigated acreages
- -- - (6,000--AF)--would further reduce reserves for carryover.
��4`ii�'re�po`,' •'e r on
*.gip ojectgd -urbanwr, rowt�h could xeduCe gricultural acreage
tr rrfi ¢ : yxu .ryear° ,2050
and 'wr.-- errands from 30 to L00$•b tte
* agricultural,=water resources could increasetby;%as? much as
��yxs-1J -t r. -,5r-•..... -
50,000 acre .:feet by -bhe -year''2050-thr`ought,`additiona.l
stordge,consei-vat Ion and -reclamation.*Improvements .
The•*n`eed' for agr1"culture'•'wa:tek will probably4rrema`in cdr,stant
over the next 'S=10` years as some new irrigated acreage 'may
replace lands converted to urban uses . Additional water
supplies may be applied to future drought reserves .
However, a 20 750 year projection Indicates that urban growth
could -signifdcantl4y reduce agricdltural acreage and water-
demands` by 'flie year 2050 . -'
PAR'T.,'THREE .= RESP.OUSE- TO ACIRTCULT- DRAG WATER YSSI}ES
..
A. Relatlonshl.p to. other water "users`
Irrigation districts, anticipating "a decreases service
acreage, are looking to find other, non-traditional
customers for ' the future .
1. Municipal users
The existing irrigation storage and distribution system can
provide water to urban areas by gravity, riigatio
c is.tract's:scan.-promd. e"ater,:rs.uitab3'e•4f6r!i.,ndust ,ila•l.�or:aa*n
watering, needs thus reducing.}theyamount;-and costszof; :water
treatment.fo`x.-domest,ic'cons,umpton It is possi'Sle thaf
decreases in agricultural Irrigation could reduce ground
water recharge and adversly affect ground water supplies .
Water now used by agriculture may be available in the future
=y. . for ground water recharge by agreement.
- 2 . In-stream users
3' y, There is a 1dfl Hite}tn8ed £Qsaddl4ttanalf '.oti*s. in=-str-earns-aAd;
tributaries for fish, riparian habitat,,and water quality#
0 benefits within the study area ZBear, Creekf in particular
suffers from inadequate flows, ex sec sec l e „emperaturreV and
3
high 'nutr ent loadingi4 impacting instream beneficial uses .
11 I The storage and distribution of irrigation water benefits
summer stream flows In the Bear creek Basin . However,
agricultural runoff does contribute somewhat to high
0 nutrient levels . The irrigation delivery system which uses
r natural stream channels to convey water can cause extreme
variations in flow which impacts natural habitat .
:- Agriculture may be able to augment stream flows by exchange
or contract agreement in the future improving water quality
and riparian habitat of natural streams in the valley. '
B. A Possible Approach!
users should pay for the benefits received from water
resources made available to them. It is difficult to
actually "pay" for instream benefits . However, a possible
scenario appears to address this problem.
The citizens of -Hedf$�,dT and fil'an4- need to find a way to
d s``pose o treated,;e#+flu n in the m- 'er ; Yw nne?f .
Agriculture is a potential customer for that water . If
agriculture used reclaimed water and replaced that water
with storage releases into natural streams, cities would
benefit from more stream flow which improves water quality
and riparian habitat and perhaps,.als.o_benefit from reduced
treatment costs . [Agriculture would. have a guaranteed water
i§ource: VThe existing irrigation storage and distribution
system can be utilized for this purpose .
-37 -
Regigrial:`C6o.r'dl�aatLon
The' Rogue .valley Council of Gove.rnments.. is coordinating an .
effort with wdti'T .users in the,. are.a . to' develop ah: overall:
water resources plan for the future . The effort involves
the. Medford water Commission preparing the data for urban
needs, Jackson County doing ground water research and others
doing the instream report . This paper describes the
agricultural water needs today and Into the future .
Once all these reports are combined, the overall water
resources picture can be described for the study area. The
various water interests can then •work with each other with
input from the citizen users and other agency officials on
the next phase which is to develop and overall long range
plan for the combined water needs in the Bear Creek Basin.
R
This process can be an example for other basins to follow.
.r.-'7ti, xYC�S�' Yit.2fc3 .'Gk
D. Recommendation
This report"Includes significant findings affecting the
future of agriculture in the study area . All agricultural
interests should become aware of the nature of these
findings and the implications for their future .
Agricultural interests include the owners of larger,
commercial acreages as well as the many owners of small
farms . Also included are formal organizations such as the
Fruit Grower 's League, Cattleman's Association and
supporting public agencies such as irrigation districts and
Soil Conservation Service . Many commercial operations such
as Grange Co-operatives and equipment suppliers are part of
the overall agricultural economy.
Agricultural interests should also include the people who
benefit from agriculture in terms of food production,
economic return, and quality of life . Citizens are
represented by public officials who often make pivotal
decisions relating to agricultural land use .
Every attempt should be made to present this information to
all these interests so they may address the future either
individually or as a unified group .
rThe�next step is for "agriculture", individually or as a
group, to decide on their water needs for the future and
work with other water users to see that adequate water
supplies are available and equitably distributed in the
future .
f �
.
suMMARf f
This report describes the apr.ren't and" future agricultural water
'needs and resources available to meet those needs . The report
does pqt determine agriculture ' s water resource goals for the
future . However, the following conclusions can be made :
agricultq> al watgi > esouices.raz:not=±adequae to meet
the combination of existing irrigated lands, all
potentially- irrigable lands and unmet stream flow water
rights even on wet years
Aa,
1r-rlga ion ne d'a , " g't nrr=1`iiiig. :
agriculture -water resources are adequate to serve
iN sting irrigation needs tiuring ;noimal and. t,wet
%yeaxsA(rnuch of the agricultural water resources- not
used during bne season is reserved for future drought
demands )
11� adding the demands of potentially irrigated acreages
(6,000 AF) would further reduce reserves for carryover
agricultuxa-1 water resources�could.F`increas ` y,es mach
as 50,000 acre feet.pytheyear0LO tFrrough additional
storage,.;;conservation- and reclamatlon, Improvements, e
iA-,' projectteo�t�rban grow�tti Acbo ld educe: irrigated acreage
and, water demand§ §SgnYficantly`7y the. year 2050
=It _may :be,.possib e`. F t in
ri hie BearK Grpek;. Basd-n=�throughr utures o4oper icy management�o�f.
water-withode2�invalving .major_ new capi:t l ., :M__b.,yements�� -_
This report Includes some significant findings on the current
and projected availability of water and the implications of
future urban growth on the nature of agriculture in the year
2050 .
. Agriculture has the opportunity to become proactive in its own
future and join with other agricultural Interests to address
these issues .
xc r ;tr t
Soc etptmust pport agricq tuLW in order to preserve the future
of agriculture in the Bear Creek Basin .
-33-
L'IO
BIB GRAPHY
Buchheim, Jerry and Richard J . Roseberg . 1993 . "Calibration of
Irrigation Requirements And Crop Growth Functions" . Bureau
of Reclamation. Global Climate Change Response Program.
Bureau of Reclamation . 1990 . "opportunities for System
Improvement and Optimizing Water Use" . Rogue River Basin
Project, Oregon Talent Division . U. S . Department of the
Interior .
Bureau of Reclamation. 1992 . 111992 water Supply Conditions For
The Western United states' and Outlook For 1993" . U.S .
Department of the Interior .
CH2 M Hill. 1992 . "Lost Creek Project" . A preliminary
feasibility study of importing .Lost Creek water to the Bear
Creek. Valley. Rogue valley Council of Governments .
Cordy, Clifford. 1977 . "History of the Rogue Valley Fruit
Industry" .. Oregon State University Extension Service .
Dittmer, Eric. 1992 . "water Quality Data Report - Bear Creek
Basin Rogue Valley Council of Governments .
Dittmer, Eric. 1992 . "Building a Small Pond" . Rogue Valley
Council of Governments .
Jackson Soil and Water Conservation District . 1984 .
"Agricultureal Water Needs Information For Reese Creek,
Evans Creek., Thompson Creek and Bear Creek" . Soil
Conservation Service .
Medford Mail Tribune . 1992 . "The Drouqht" A special report
supplement by Gary Nelsen . June 28, 1992 .
Medford Mail Tribune . 1993 . "Valley Wettest Since 1983-84" .
Article by Mark Freeman. August 31, 1993 .
Medford Water Commission. 199_. "Bear Creek valley 12050 ' water
Supply Plan" . Unpublished preliminary report .
Oregon State University. "Estimated value of Aqricultural
Production and Informative Statistics For Jackson county
199211 . Extension office.
Oregon State University. 1965 . "Consumptive Use and Net
Irrigation Requirement Estimates of. Monthly values For
Oregon. " Special Report 194 . OSU -Experiment Station .
Oregon water Resources Department. 1985. "Rogue River Basin
Study" Bear Creek sub-basin .
Rogue Valley Council of Governments . 1978 . "Agrlcuitural Water
Quality Manaqement Plan for Jackson County, Or . "
United States Geological Survey. 199_. "Ground water Use In
Jackson County . . . . " . Unpublished preliminary research .
� r
ATTACHMENTS
ATTACHMENT 1
The' following .fiistorical• summary-IS. ex¢e.rpte:d' from . a .
1990 Bureau of Reclamation repo:rt ,. "Opportunities for_
gysteni Improvemenz:"and . Optimizing Water .:Use - Rogue: Basin
Project. Talent Division" . .
Irrigation has been practiced in the upper Rogue -River basin for about a
century. Intensive agricultural production is not possible in the area
without irrigation because of a long dry summer season, nor is there any
latitude for crop diversification. Thus,- the value and need for irrigation
are fully recognized by .the local citizens. Early irrigation development used
unregulated streamflow. Prior to the development of water storage for
irrigation in the 1920's, Bear Creek was often dry and stagnant in;the mid- to
late summer. Other creeks tributary to the Rogue River also experienced low
flaws or became completely dry during the summer months when there was
little precipitation.
Before cities developed sewage treatment facilities, Bear Creek received
untreated waste water and was highly polluted. At present, the pollution in
Bear Creek exceeds the state standard for water contact activities by two to
three times. The pollutants that enter Bear Creek today come from: (1) urban
storm drains that may contain waste from leaking sewers, (2) failing septic
systems, (3) natural waste from wild animals, and (4) agricultural water.
runoff carrying farm animal wastes, soil particles and nutrients.
The need for a more reliable water supply resulted in storage development
that at present includes 144,000 acre-feet of active .storage capacity.
Current irrigation development consists of 15,100 acres in the Talent
Irrigation District, 11,500 acres in the Medford Irrigation District and
8,300 acres in the Rogue River Valley Irrigation District. The irrigation
water supply is considered inadequate during water short periods.
After storage was developed in the basin, streamflows of tributaries to
the Rogue River during critical periods of the year have generally improved,
but streamflows during the summer and early fall are less than desirable for
water quality and fishery purposes. Water quality continues to be a
particularly severe problem in Bear Creek due to high temperatures and low
dissolved oxygen levels. During and immediately following the irrigation
season, streamflows diminish and some reaches become dry. During these
periods, water temperatures become quite high and the=ehrannel sustains
abundant growths of unsightly and undesirable aquatic vegetation.
City, county, state, Federal and pr.ivate entities of the area have
combined to form tahe Rogue Valley Council of Governments to seek ways to
decrease pollution problems. Much has been accomplished to reduce .pollution
during the 1980's, but quality problems continue to: (1) constrain the
anadromous and resident fishery, (2) create sanitary problems, and (3) reduce
recreational and aesthetic values.
ATTACHMENT 2.
The follo.wing.. climate summary is excerpted. from the
Oregon Water. Resources 'Department "Rogue Bas}n Study".of: 1985 . '
Climate
The Bear Creek Basin has a moderate climate with marked seasonal
characteristics. Late fall, winter and early spring months are damp,
cloudy and cool under the influence of marine air. Late spring,
summer and early fall are warm, dry and sunny due to the dry
continental nature of the prevailing winds that cross the area. The
average frost-free period in the lowlands varies from 140 days to 165
days. Low humidity and high temperatures are common in July and
August.
Air temperatures at Medford airport vary from an average of 38°F in
January 'to 72°F in July. Average monthly temperatures and
precipitation for Medford airport, Ashland and Green Springs Power
Plant are displayed in Table 41.
TABLE 41
BEAR CREEK BASIN
AVERAGE MONTHLY TEMPERATURE (F°) and PRECIPITATON (in) at:
Ashland, OR
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
Temp: 38 42 44 49 56 63 70 68 62 53 43 38 52
Precip: 2.7 1.8 1.9 1.4 1.3 1.1 0.3 0.5 0.9 1.7 2.6 3.2 19.2
Medford, OR
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
Temp: 38 43 46 50 58 65 72 71 65 54 44 38 54
Precip: 3.3 2.1 1.9 1.0 1.2 0.7 0.3 0.5 0.8 1.6 3.0 3.6 19.9
Period of record: 1952-1981
Green Springs Power Plant
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL
Precip: 3.3 2.0 2.4 1.9 1.3 1.0 0.2 0.6 0.9 1.9 3.2 4.1 22.8
Period of record: 1961-1981
Source: U.S. Department of Commerce, National Oceanic and Atmospheric
Administration
ATTACHMENT 3
ESTIMATED '
VALUE OF AGRICULTURAL PRODUCTION
and
INFORMATIVE STATISTICS
for
JACKSON COUNTY
1992
:.L.r• O Q
t�
0=
1 '
Jackson County Extension Office
of Oregon State University
1301 Maple Grove Drive
Medford, OR 97501-7986
�wrrnasate o..arsn Agrlcultw�,, Home Economics, 4-H 'iowh. Fcmx tq'. Ccnmtu::ity Ja_riepn:ect. Enere�,', and
Ezteunion:Sea Grant Ptrograms. Oregou Stxto Unwersitc, United ��..�.> Dep:ututenc cf
7CI�V t�E Agricultw'e, and Oragon Counties cooperattng.
1992 JACKSON COUNTY
ESTIMATED GROSS VALUE OF AGRICULTURAL PRODUCTION.....-....73,662,500
Each year an estimate of the Gross Value of Agriculture Production from
Jackson County farms, orchards, and ranches is prepared by the O.S.U. Extension
Service. This estimate is prepared from the information obtained from USDA
Statistical Reporting Service, the Oregon State University Extension Service, the
Agricultural Census, producers, marketing companies and others.
This report was.prepared to give you a reliable estimate of the gross value of
agricultural production for 1992. You will notice it includes horticulture crops, field
and forage crops, products from private non-industrial forestland and the various
classes of livestock.
In addition to production information there is a summary•of Jackson County
statistics plus information on the mission and impact of all Extension Program areas.
Drought conditions plus an early spring seemed to have a negative impact on
cattle numbers and sales. Alfalfa hay and some cereals also suffered due to the
drought. A noticeable increase was experienced in private non-industrial forestlands.
This is due to the impact of the current old growth policies, politics, and other factors.
Please note that the sales figures are gross.sales and not net income to the
producer.
The attached information was assembled by the Jackson County Extension
Agents: Allan Campbell, Phil VanBuskirk, George Tiger, Randy White and Michael
E. Howell in cooperation with Oregon State University Extension Economist, Stan
Miles.
Sincerely, i l
/i�G4G�'•i' %�r/lTG1�
Michael E. Howell
Staff Chairman
MEH:ng
5/93
STATISTICS
TOTAL AREA 1,799,744 Acres*
Federal Land Ownership 914,056 Acres*
State Land Ownership 10,715 Acres*
Local Government Land Ownership 27,071 Acres*
ALL LAND IN FARMS •301,871 Acres*
CROP LAND 74,598 Acres*
PRIVATE NON-INDUSTRIAL FORESTLAND
(i.e., commercial forestland not exceeding 5,000 acres in any one ownership)
• Area = 164,000 acres
• Volume of commercial timber
—growing stock = 207,000,000 cubic feet
sawtimber = 551,000,000 board feet
• Ownership = 2,180 landowners .
NOTE: (1) Area and Volume Data from:
Gedney, Donald R.,
"The Timber Resources of Western Oregon-Highlights and Statistics"
USDA Forest Service Resource Bulletin, PNW-97, April 1982
(a) Growing stock includes trees 5.0 inch d.b.h. and larger
(b) Sawtimber includes softwood trees 9.0 inches d.b.h. and larger
and hardwood trees 11.0 inch d.b.h. and larger.
(2) Ownership data from Jackson County Survey in 1981.
TOTAL NUMBER OF FARMS 1,588*
AVERAGE SIZE OF ALL FARMS 188 Acres*
ACRES OF IRRIGATED LAND 52,350 Acres*
ANNUAL RAINFALL 17-20 inches
POPULATION TRENDS:
1940 36,213
1950 58,510
1960 73,316
1970 95,533
1980 131,738
1986 138,400
1991 151,400
1992 153,000
*1987 CENSUS OF AGRICULTURE
r^ i
tSTIMATI`ED
1992 GROSS VALUE OF AGRICULTURAL PRODUCTION
"JACKSON COUNTY, OREGON
I. HORTICULTURE AND SPECIALTY CROPS — $44,851,000
1. Fruits and Nuts — $41,913,000
Crop **Acreage Production Value ($000)
*Bartlett Pears 2,050 18,710 tons 6,127
*Winter Pears 5,600 4,7250 tons 32,700
*Asian Pears 25 280 tons 193
*Apples 250 125,000 boxes 1,375
Peaches 250 65,000 boxes 1,063
Cherries, Tart 5 10 tons 8
Cherries, Sweet 20 40 tons 32
Plums & Prunes 8 60 tons 12
Walnuts 12 10 tons 11
Grapes 180 540 tons 392
2. Vegetable and Nursery Crops — $2,938,000
Crop **Acreage Production Value ($000)
Berries 15 45 tons 50
Onion 40 16,000 tons 112
Sweet Corn 325 2,500 tons 280
Tomatoes 10 2,500 cwt 50 .
Misc. Vegetables and
truck crops 458 3,945.tons 596
Nursery, Greenhouse, 1850_
and Specialty Crops
*Value of fresh commercial pack included.
II. FARM CROPS —$5,815,000
1. Forage Crops— $4,598,000
Crop **Acreage Production Value ($000)
Alfalfa Hay 5500 24,750 tons 2,228
Other Hay 17,000 34,000 tons 2,040
Corn Silage 500 12,000 tons 228
Hay Silage 900 6,000 tons 102
2. Cereals — $547,000
Crop **Acreage Production Value ($000)
Wheat 1,100 8,030 bu 301
Barlev 1,300 106,600 bu 235
Oats 100 7,000 bu ] 1
Page 2..
.3. Seed and Specialty.Crops - $670,000
Crop "Acreage Production Value ($000)
Alfalfa-Seed 80 34,000 lbs 28
Grass Seed 350 140,000 lbs 453
Sugar Beet Seed" 73 385,000 lbs 189
"Production acreage only
III. DAIRY PRODUCTS — $1,976,000
IV. BEEF — $7,344,000
V. SHEEP —$212,000
WOOL— $13,2.15
VI. 'SWINE —$333,000
VII. MISCELLANEOUS LIVESTOCK — $2,020,000
Honey Bees — $160,000
Horses, Mules, Ponies — $1,100,000
Rabbits — $293,000
Miscellaneous — S450,000
VIH. ALL POULTRY —$3,004,000
IX. PRIVATE NON-INDUSTRIAL FORESTLAND PRODUCTS—$8,192,000
(e.g., old growth timber, small saw timber, poles, posts, fuelwood, Christmas
trees)
SUAM&RY
Horticulture $ 44,851,000
Forage Crops 4,590,000
Cereals 547,000
Specialty Seed Crops 670,000
Dairy 1,976,000
Beef 7,344,000
Sheep & Wool 225,500
Swine 333,000
Poultry 3,004,000
Miscellaneous Livestock 2,020,000
Private Non-Industrial Forestland Products 3,1.02,000
Total $73,662,500
OREGON STATE IJNMRSITY EXTENSION SERVICE
JACKSON COUNTY
AUSSION:
The Oregon State University Extension Service educates Oregonians by delivering
research-based, objective information to help them solve problems, develop leadership,
and manage resources wisely.
EXTENSION SERVICE IS:
Research Backed: Extension clients learn from OSU faculty (Extension Agents)
who work in each Oregon county. County programs are supported by other faculty
(Extension Specialists) on campus.
Informally Delivered: Extension clients learn through meetings, workshops, short
courses, tours, and demonstrations. Others benefit from Extension information
offered through nearly 1,500 publications and a variety of newsletters, correspon-
dence courses, video tapes, slide sets, and news media activities.
Widely Used: Extension has over 40,000 face to face educational contacts with
Jackson County citizens each year.
Volunteer Oriented: In 1992, 1,430 Extension clients volunteered 71,500 hours at
a value of$339,625 to extend programs in the areas of home economics, gardening,
energy conservation, 4-WYouth, woodland management, and agriculture.
Broadly Supported: Citizen support .for Extension comes from four funding
sources: approximately 50 percent from State Government, 25 percent from the
Federal government, and 15 percent from Jackson County. Another 10 percent
comes from gifts, grants, and fee programs. Jackson County provides the funds to
operate the county office and also provides the office and auditorium facilities.
PROGRAM AREAS:
Agriculture: The agriculture program provides research-based education on
production, financial management, and marketing of crops and livestock.valued at
$73.7 million annually from 1,588 Jackson County farms.
Home Economics: Extension home economists, assisted by 180 trained volunteer
educators, teach individuals and families to manage their resources to meet needs for
food, clothing, finance, shelter, parenting, and human relationships.
4-H/Youth- The 4-H/Youth program works with 1,254 young citizens, their families,
and 315 enrolled, plus "miscellaneous other", adult volunteers. Together, they
develop practical skills and knowledge through educational programs in animal
science, plant science, home economics, mechanical science, natural science, and
expressive arts.
Forestry::.Sustained yield'timber production remains.an integral. and-vital part of
the Jaekson County economy. There are 164,000 acres of commercial forestland in
Jackson County that are- classified as private non-industrial forestlands (small
woodlands). Owned by approximately 2,200 individuals/families, these lands have
great potential for the production of a variety of crops including satilogs, veneer logs,
chip logs, poles, posts and firewood. Total 1992 small woodland timber production
(saw and veneer logs) for Jackson County is estimated to be 18 million board feet
(approximately $8.1 million). Added values of recreation, water, and wildlife
enhance the environment and livability of Jackson County.
Energy: The Energy Program is helping Jackson County build a sustainable energy
future by educating and assisting people in resources. The Energy Program in the
county involves over 750 people annually.
Community Development: Programs in community development focus education
on issues of economic viability of rural communities, land management and
preservation (Both,agricultural and forestry), community leadership, and use of our
natural resources to sustain A livable Jackson County.
ORGANIZATIONAL STRUCTURE: The Jackson County OSU Extension Office
Staff consists of:
A. Eight Extension Agents with the following responsibilities:
— Michael E. Howell, Staff Chairman
—Allan Campbell 3rd, Forestry
—Janice Gregg, Home Economics
— Phil VanBuskirk, Agriculture
— Randy White, Livestock
—Anne Manlove, 4-HiYouth
— George Tiger, Agriculture
— Larry Giardina, Energy
B. Three support staff:
— Marion Vroman, Office Coordinator
— Dianne Roberts, Office Assistant
— Nancy Graber, Office Assistant
MEH:ng
5%93
ATTACHMENT 4
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162
ATTACHMENT.'S
1992 WATER SUPPLY CONDITIONS
FOR TIM WES'llr4 N STATES
AND
OUTLOOK FOR 1993
ANT OF
� o
�pORCESAL{,y'C �
'QCH 3
i'
UNITED STATES DEPAICI'i 'ii�ldT OF THE INTERIOR
BUREAU-OF RECI AMATION
Nowi�.l.,�i- 11)92
OVERVIEW
WATER YEAR 1992 WATER SUPPLY CONDITIONS
• AND OUTLOOK FOR 1993
This overview summarizes water supply conditions at selected Bureau of
Reclamation(Reclamation) project areas during water year 1992 (the period
October 1, 1991, through September 30, 1992). Water supply can be
quantified by several parameters, including soil moisture, snow water
equivalents, streamflow forecasts, accumulated precipitation, accumulated
inflow; and reservoir storage. No single parameter can reflect the total
water supply picture due to climatic variables and water storage
development in the Western United States.
Reclamation comprises five regions: Pacific Northwest, Mid-Pacific, Lower
Colorado, Upper Colorado, and Great.Plains. (See frontispiece map.) The
following discussion describes regional water supply conditions in general; a
store complete discussion of water supply conditions by region is provided in
the summaries at the end of this document. As noted below, several regions
experience d drought or'low.water supplies during 1992, which adversely
affected water users.
PALMER DROUGHT SEVERITY INDEX
j
The Palmer Drought Severity Index is a measurement tool for relative
dryness or wetness, indicating prolonged and abnormal deficiencies or
excesses of soil moisture. The Palmer Drought Severity Index, as shown on
figures 1 through 5, indicates how soil.moisture conditions changed
throughout the water year. The year began with moderate to extreme
drought conditions in the Pacific Northwest and northern California (Pacific
Northwest and Mid-Pacific Regions) and wet conditions in New Mexico and
Texas(Great Plains Region). In addition, the September 28, 1991, index
(figure 1)indicated mild drought conditions in Arizona (Lower Colorado
Region), the Great Basin(Nevada and Utah; Mid-Pacific and Upper
Colorado Regions), and Idaho (Pacific Northwest Region). By December 28,
1991, the index (figure 2) showed that conditions had improved in the Great
Basin. The extreme northwest and most of Arizona, New Mexico, and Texas
were unusually moist to extremely moist. Overall, drought index conditions
had improved from the September 28, 1991, values.
e By March 28, 1992, the index (figure 3) indicated that severe drought
conditions predominated in the Pacific Northwest, central Montana; and
northern Nevada. Although soil moisture in southwestern California
(Mid-Pacific,Region) was near normal, soil moisture in the rest of the State
-was below average.. The April 25, 1992, index showed that drought
conditio were intensifying and spreading, particularly in the Columbia
River Basin of the Pacific Northwest, eastern Oregon, most of southern
Idaho; and northwestern Nevada (Pacific Northwest and Mid-Pacific
Regions); Moderate'to severe drought conditions'prevailed,in northern: %,.
Idaho and western Montana,'California, northeastern Nevada,•Wyoming,
and other isolated areas, while moist to extremely moist conditions
prevailed across Ari2ona, New Mexico, and Texas.
This pattern continued into June. The index for May 30, 1992, (figure 4),
indicated that severe drought conditions persisted in the Columbia River
Basin of the Pacific Northwest, eastern Oregon, most of Idaho, northern
Nevada, northwest and southeast California, and a large portion of
Wyoming. The index continued to show extreme drought in the Pacific
Northwest Region throughout the summer months.
SNOW WATER EQUIVALENTS
AND STREAMFLOW FORECASTS.
Snow water equivalents are used to estimate streamflow during the snow
accumulation season.and, subsequently, the volume of-water that will-flow .
into reservoirs during snowmelt. Streamflow forecasts are useful,water- '
supply indicators in the West because of the importance of snowpack in the
water supply. The Soil Conservation Service provides West-wide snow
water equivalent data and streamflow forecasts each year beginning .
January 1. The forecasts are updated as the snow season progresses. In
addition, forecasts are made by River Forecast Centers and Reclamation
offices.
Table 1, figures 6 and 7, and 8 through 11 show how snow water 1
equivalents and streamflow forecasts fluctuated as the water year
progressed. In January, the data in several areas were influenced by the
early snowfalls of November and indicated that normal or above normal
runoff would be expected. However, below normal runoff would be expected
in the Sierra Nevada Mountains of California(Mid-Pacific Region), the
Great Basin(Mid-Pacific and Upper Colorado Regions), eastern Oregon
(Pacific Northwest Region), and northern Utah(Upper Colorado Region).
This pattern persisted into February because of early January snowfall.
However, several areas experienced less than average snowfall the
remainder of the season, which significantly influenced the streanflow
forecasts.
By May 1, the band of much below average snowfall and forecasted
streamflow had spread over most of the Western States north of Arizona
and New Mexico. None of the snow stations shown in table 1 had above
normal snow water equivalents on May 1, and measurements at several
stations were considerably below normal. The May 1 data reflect that
snowpack was melting earlier than usual and that the snowpack was low.
The early melting was also reflected in the accumulated inflow and
reservoir storage data.
2
EVM T ,A' NDEX` LATIN O
fmmbar -26y 1992 :
II j 1��I1R3' Fop Utz $::
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ATTACHMENT 6
A G -R ::I C' 0 L: T .l1 .R .A: L
WATER NEEDS INFORMATION FOR
REESE CREEK
EVANS CREEK
THOMPSON CREEK
BEAR CREEK
t'REPARED BY : JACKSON SOIL & WATER CONSERVATION DISTRICT 1 -5-84
REVISED 1/17/24
f � .
3EfiR CREEK;...'
ROGUE RIVER VALLEY IR(ZIGATIOPI OiSTRICT: 1 .
Hopkins Diversion: (Includes Stored :dater)
Anri 1 June 1 July Auq ( Seot ( Oct .•
1981-83 Av, 16.8 23. 1 . 1 25. 1 26. 3 27.3 . 24. 7
1964 ,& 1965 i2.9 , 29.2 31. 7 -
32.4 I 31 .6 27.6 1 14. .;
1955 & 1956 ' -- i 5. 7 7. 1 12.0. i 10.3 '
9. - =
1954-60 Av. 3.0 1 12.3 15.2 17, 1 1 14.9 13.4 I 3.9
1961-67. Av. 9.5 -t-
1 24.2 23.9 j 19.2 ( 29.9 23.4 1 11 . 1
Hi 9h 30.6 32. 1 32..5 1 34,8 332,8 30,3 7
Low 0.0 0.0 0.0 1 10.3 J7.9 8..5 I ^• r
Diversion :.ater Right: ----
------------------------ 4,300
acres
60 Cfc
Other Diversions:
Harry & David, Airport Orchard, 30 ac. ----------- 1 cfs
Griffin Creek, 140 ac, ___________________________ 1.8 cfs
Jackson Creek, 150 ac. --------------------------- 1.9 cfs
Bear. Creek, 544 ac. ______________________________ 6,8 cfs
11.5 cfs 11.5 cfs
Potential Additional Land:
Hopkins Diversion, 340 ac. ---- 4.3 cfs
Griffin Creek, 33 ac. _________ 0.4 cfs
Jackson Creek, 76 ac. ----------------_---------- 1.0 cfs
Bear Creek, 208 ac. _____________________________ 2.6 cfs
8. 3 cfs 3.3 c s
79.8 cfs
Recomrended Flows:
April 11 May June ( July Aug Oct
40 56 74 80 75 aO i
P=ge 13
BEAR' R7C
1.!cOFORD IRRIGATION DISTRICT:
Bear Creek Diversion: (Includes Stored Water) (1930
only)
Aoril May June July Aur. Sept 0--t
1979-83 Av. 11,3 30.7 36.7 43.0 50:6 34.9 , 32.3
Hich 24.5 41 .4 ,2.2 57.4 54,8 39.: I 32.3
Low 0.0 16.0 30.4 38,3 47.8 28.4 0.0
Bear Creek Diversion Mater Right: -------------------------- 5,770 acre
72 cfs
'Other Div?rsions: .
a
i
I
Potential Additional Land:
Bear Creek Diversion, 650 ac. ------------------- 8.1 cfs
Recommended Flows:
April May June July Aug {. 'Sept , Oct
36 I 61 52 75 80 58 47
Pace 1
BEAR.. CREEK:. . .
TALENT IP.RIG.ATION DISTRICT:
Oak Street Diversion: (Includes Stored Water)
April May June July Aug SeFt
Average 7.5 38.5 48.8 65.5
51 .5 ^ '
^V.J
High 18.0 54.0 54.0 89.0 79.0 3•i, j
Low. 0.0 0.5 29.0 20.0 23.0 2 7 .0
Oak Street Diversion !-later Right: -------------------------- 4,204 acres
(Bear, Ashland, & Neil Creeks) 55 cfs
Other Diversions:
Wagner Creek i
Coleman Creek
Anderson Creek.
Griffin Creek _____________
Kenutchen Creek --------- 31440 acres Myers Creek 43 cfs
Butler Creek
Harry & David, Dugan Orchard, 100 ac.
April 13 rs �_ �
May-Sept. 3 cfs- ,
Potential Additional Land:
C =
Recommended flows:
April*
May j June I July Aug Sept "c"t
40 83 9a I 135 ( 120 83 !
Pace 15
I�
ATTACHMENT 7
{
ATTACHMENT 8 •
Rogue River Basin .Project, Oregon
Talent Division
OPPORTUNITIES FOR SYSTEM IMPROVEMENT
AND
OPTIMIZING WATER USIA__..
Bureau of Reclamation
Boise, Idaho
May 1 990
•. ' ' � SUMMARY
The Talent, Medford, and Rogue River Valley Irrigation Districts are
interested in improving the operation of their respective districts and
resolving water problems in the drainage basin. The Bureau of Reclamation has
cooperated with the districts under the Investigation of Existing Projects
program to review water use, irrigation facilities, problems and needs, and
potential measures to reduce problems that exist.
The irrigation districts identified measures to modify and improve the
existing systems that they felt would increase their effectiveness and extend
the use of the available water supply.
Those irrigation facility improvements that appear to be economical plus
an enlargement of Agate Dam and Reservoir would provide an effective increase
in the useable water supply of about 13,000 acre-feet. This represents about
10 percent of the water diverted during normal water years for irrigation by
the districts. During water short periods increased useable water supply
would provide an additional two irrigations for district lands.
During average and above average water years, a major portion of the
13,000 acre-foot increase in water supply could be retained in the reservoir
system as insurance water for the subsequent irrigation season or released for
streamflow enhancement. --.--
The investment to implement these measures would be $8 to $9 million. Of
this total , $6 million would be for enlargement of Agate Dam and Reservoir.
o The reregulating reservoir systems evaluated in the Talent Irrigation
District do not appear to be cost effective.
The plan to pump from Howard Prairie Lake to Hyatt Reservoir is not
economical . Costs are high and the quantity of water that could be added to
the annual water supply available for use in the drainage basin is small .
Modification of Fish Lake Dam to reduce seepage through the dam could
save from 400 to 500 acre-feet of water annually. However, in light of the
future Safety of Dams action and the marginal cost effectiveness of the
measure, implementation should be deferred.
Development of hydrogeneration at Howard Prairie Dam appears marginal
under present conditions. It may be economically implemented in future years
when the demand for electrical energy is greater and alternative sources are
more costly.
The pump/generation facility between Howard Prairie Lake and Hyatt
Reservoir is not an economic development.
On-farm irrigation water management and a coordinated system operation
appear to have potential for decreasing irrigation water demands but were not
analyzed as part of this study. Reclamation will consult with district
managers about these possibilities as a part of ongoing operation and
maintenance program liaison in the area.
Potential sources of funding for implementing effective measures include
Federal and nonFederal . Federal programs include the Small Reclamation
Projects Act of 1956, the Rehabilitation and Betterment Act, and Reclamation's
General Investigation Program under which construction would require
Congressional authorization. Nonfederal funding sources may include Oregon
State, county, city, irrigation entities and other local beneficiaripc 1ko
Of AS/I, °Q
I
�REGO
February 10, 1994
Z u- Brian Almquist, City Administrator
Ix
rum: Steven Hall, Public Works Director M:34
Subject- Sewer Connection/Fee Adjustment Request, 277 Mistletoe Road
ACTION REQUESTED
1. City Council approve the connection at 277 Mistletoe Road to the City sarutary sewer system under the
conditions of "AMC 14.08.030 Connection - Outside City, inside urban growth boundary."
2. City Cou d agree to defer system development charges($182.56) and the difference between the sewer
connection fee($1055.00-$420.00 = $635.00) until such time as Mrs. Sanchez no longer occupies the
property. This would require an agreement to be drawn up by Paul Nolte that would be recorded with the
property.
BACKGROUND
See attached memorandum from Jim Olson dated February 8, 1994.
cc: Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Mary Sanchez
e4�Gf �H4y gEmarandnrn
G4FGG�,•
8 February 1994
Mayor Golden, City Council, and Steve Hall
rum:
James H. Olson, Assistant City Engineer
,�$uhjPrt: Sewer Connection to Property Outside of City Limits (277 Mistletoe -- Mary
Sanchez, applicant)
REQUEST
We have received a request from Mrs. Mary Sanchez, through Mr. Edward
Montagne, to connect the property located.at 277 Mistletoe Road to the city's sanitary sewer
system (see attached letter of 1 February 1994). The property, referred to as tax lot 39-lE-
1413-1,500 is a very small 5,700 square foot lot located off Mistletoe Road. The property is
contiguous to the present city limit lines along the west and south boundaries.
The applicant has received several notices of septic failure from Jackson County
Planning and has recently received a 30 day final notice to connect to sewer. Mrs. Sanchez
is able to meet all requirements for connection to the city sewer facilities as outlined in
,Section 14.08.030 of the Ashland Municipal Code. A summary of the conditions is as
follows:
a. The full city permit and connection fees for this service are:
1. plumbing permit fee $51.50
2. system development charges $182.56
3. sewer connection fee $1,055.00
TOTAL 1 289.06
Additional costs to be born by the owner in the actual construction of the
service would be approximately $1,000 for a total cost to the owner of •
$2,289.06. Mrs. Sanchez has requested a partial relief of the city fees for this
connection.
The service lateral in Mistletoe Road was previously installed with the
construction of the Mistletoe Road Sewer and Water Project in 1989. The
service lateral, installed by contract, cost $420.00 at that time. Since the
lateral was installed to beyond the edge of the improvements, no additional
Sewer Connection to Property Outside of City Limits (277 Mistletoe —Mary Sanchez, applicant)
8 February.1994
Page 2
work should be required of Public Work's crews (see attached plan). Physical
connection of the house will not be difficult.
b. The applicant will be furnished a consent to annexation which will be signed
"prior to connection to the city system.
C. The property is already smaller than either county or city zoning would allow.
No deed restriction limiting further division will be required.
CONCLUSION
Very little staff time will be involved in this proposed connection. Public Works
recommends approval of this request for connection to 277 Mistletoe Road.
JHO:rs\.hez
Attachments: letter of 1 February 1994
assessor's plat
construction plan
county violation notice
cc: Dennis Barnts w/attachments
John McLaughlin w/attachments
Mary Sanchez
277 Mistletoe Road
Ashland, Oregon 97520
(503) 482-8306
February 1, 1994
Mr. James Olson
City Surveyor
City of Ashland
Ashland, Oregon
Dear Mr. Olson:
I am required by Jackson County to hook up to the
Ashland sewer system because of a "failing septic" (see
attached) . My property, 39-lE-14D 1500, is outside the city
limits but within the Ashland urban growth boundary.
I request that the city council approve the hook-up to
the city system. I have been advised of city requirements
and agree to these stipulations.
I an a widow, 88 years old, and live on Social Security
income of $624 . 00 per month. I request that the council
give consideration to waiving at least half the connection
fee and development charges. I would appreciate any relief
you can give me.
Thank you,
Mary Sanchez
FEB 1994
LP
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PROPOSED SEWER CONNECTION
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WARNING1 OF VIOLATION Legal Description:
Address Z r- /7 �/
I I ' 1 I S-1 L-E 3 _ I s_ 1 LA ,r•'1
Owner g J'1 ci 45-D
The Jackson County Department of Planning and Development finds the following violation(s)to exist on your property:
Failure to Obtain: Other Violations:
Building Permit Woodstove Permit ❑Zoning
Mobile Home Permit E] Sign Permit E] Building
Q Septic Permit Site Plan Review nitation
Plumbing Permit Conditional Use Permit 0 Solid Waste
Electrical Permit Expired Permit E] Non Permitted Use
FAILURE TO CORRECT THE VIOLATION MAY RESULT IN THE ISSUANCE OF A FORMAL CITATION OR CIVIL ACTION. IF A CITATION IS ISSUED,
COUNTY ORDINANCE REQUIRES THAT PERMIT FEES BE DOUBLED,IN ADDITION TO ANY FINE IMPOSED BY THE COURT.
Remarks 3 ai L. 4� F/ �A Ix/0T'/C- —/—v (5 O AI/ J FGT
Department of Planning 8 Development _ Compliance Officer Date
70 South Oakdale _-+• nn _
Medford, Oregon 97507 •
(503)776-7554
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�`oFASH4�a �{ Entor � ntkunt
�aEao`' , February 10, 1994
V1 II: Brian Almquist, City Administrator
r
ram: Steven Hall, Public Works Director r
�1IUiEtt: Filter Plant Bond Issue
ACTION REQUESTED
City Council authorized staff to prepare initial documentation for a bond issue to finance the$2,000,000 water
filter plant improvements outlined in the May, 1993.CWM-Hill Facilities Plan.
BACKGROUND
The Ashland Water Filter Plant was originally constructed in 1948 and updated in 1964. The capacity of the plant
with the 1964 update was 10 million gallons per day and was state of the art incorporating rapid sand filters.
New Federal Drinking Water standards went into effect July 1, 1993. Those new standards require full
coagulation and cut the turbidity standards in half.
The improvements to the filter plant allow us to better meet the new water quality standards, increase efficiency
of the pl ant, replace equipment that is well beyond a reasonable life span and meet OSHA safety standards. The
plant will.be converted from coagulation to direct filtration.
Another issue is the time of concentration for chlorine contact with the water to the delivery of water and the
effect it has had on the capacity of our filter plant. During October, 1993 A "Tracer Test" was conducted by
CWM-Hill. The test involved the measuring of concentration time for water to flow from the first chlorine
tmatment at the filter plant to Crowson Reservoir. Although a very complex issue, under oertain conditions, we
could be limited to pmduc ion of 4.0 to 6.9 million gallons per day during the summer months. As a comparison,
the average daily production for the last 5 years is:
f
-------------------------------------------
Month Production (MGD*)
-----------------------------=-------------
June 4.2
July 4.8
August 4.9
September 4.5
-------------------------------------------
* Million Gallons per Day
Based on 1989-1993 Average
The normal life for many of the portions of the filter plant is 20 years. We are chronically experiencing
equipment breakdowns and failures. These events continue to raise concerns for the operation of the filter plant,
particularly during the high demand summer months.
Due to Daryl McVeys knowledge and ability to make what we have to continue to function and meet the new
federal standards is commendable. It is becoming painfully obvious that we have reached the point of not being
able to "making what we have work". We have now reached the point where major improvements will have to be
made to the filter plant.
The time estimate for the project is two years after including design, construction and start up. This causes even
more critical concerns as we have two years to keep what we have functioning and meeting standards.
FUNDING DISCUSSION
The Water and Sewer Rate Study by Hilton, Farnkopf and Hobson includes the project in the rate structure. The
Ashland Capital Improvement Plan proposes the repayment of a bond issue using water rates and water treatment
systems development charges.
Revenue Bonds do not require a vote of the citizens of Ashland, but do require a 60 day period for public review.
General obligation bonds would require a vote of the citizens of Ashland and if Council selects this method, staff
would recommend an election for May; 1994. To meet that deadline, a resolution setting the bond election would
have to be approved by Council before March 15, 1994.
The potential "Son of 5"vote in November could seriously impact Ashland's ability to market revenue bonds and
could impair the sale of general obligation bonds. Unfortunately, this adds more urgency to the need to secure
funding for this important project.
Page 2
STAFF ACTION
For the March 1, 1994 Council meeting, staff will provide:
1. A recommendation from the City bond counsel and financial consultants which will include a
discussion of revenue and-general obligation bonds. In addition, they will present a
recommendation for the preferred method of financing the project.
2 Two resolutions for Council consideration. The first resolution would set the advertisement for
revenue bonds and the second would set the election for general obligation bonds for the May, 1994
election.
At the March 1, 1994 Council meeting, staff will be requesting a decision from the Council on the preferred
method of financing by adopting one of the resolutions.
cc: Jim Olson, Assistant City Engineer
Dennis Barnts, Water Quality Superintendent
Daryl McVey, Filter Plant Supervisor
ORDINANCE NO.
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE SECTIONS
2.04.040.D AND 2.04.110.A BY CHANGING THE BEGINNING
TIME OF COUNCIL MEETINGS TO 7 P.M. ; THE ENDING TIME TO
10 P.M. ; ADJUSTING THE TIMES FOR PUBLIC HEARINGS AT
SUCH MEETINGS AND REPEALING RESOLUTION NO. 88-13.
ANNOTATED TO SHOW DELETIONS AND ADDITIONS. DELETIONS ARE LINED THROUGI;
AND ADDITIONS ARE $#34W.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2 . 04.040.D of the Ashland Municipal Code is
amended to read:
Public hearings shall conclude at-^:- I.°g? €t4 and be
continued to a future date to be set by the "Council, unless
the Council by a two-thirds vote of those present, extends
the hearing(s) for one-half hour until
at which time the Council shall set a d:%9;or cont nuance`
and shall proceed with the balance of the agenda. Not more
than two (2) land use appeal hearings shall be scheduled for
any regular meeting of the Council. The City Administrator
y, in-�=Grj } Ftt4� s � :AS discretion schedule
additional legislativefiearirigs depending on the anticipated
length of the Council meeting.
SECTION 2. Section 2 . 04. 110.A of the Ashland Municipal Code is
amended to read:
Regular meetings. The regular sessions of the Council shall
be on the first and third Tuesdays of each and every month,
unless otherwise arranged, and shall be held on the days
a
n ppointed
Fy (d[noy�lya(terw than `1y yE� p�.ym.' uz)lYrjs � h �CounclYlay�}a twowhiyr�yd
Vn.....h,n i..... F . :h. µms................. ... rv. ... .. ..x
SECTION 3. Resolution No. 88-13 entitled "A Resolution of the
City Council Determining That All Meetings Shall End At 11: 00
p.m. Unless Extended By The Hearing Body" is repealed.
REGG13UTIGN NG. 85-13
A OL'�LGLUT_T_GN G_T THE l.T_T_[_I /'./Y TT\T/[TT T1 L'�T T.T f.T
cp[�pnTT G \ O 1] G GOGI\GSI]—VaTpiRf1TT1TTtT
THAT TTT IlBET-TT.TGS SlhN T_ END AT 11 -
UNLESS L�VTTNDEDVBY THE HEARING T] •[I • ,
I S]i.]00 I]][I III\D I]O LTL�I.II'IIT22TTJ—ppLJZT
BE "TT REGOTVE9 BY THE G11py ([Tl
SEGTION-1—All-evening Gity Geuneil meetings and all ether
later than 11 : 90 P.M. unless extended €er twe-st�eeessrese
PAGE 1-ORDINANCE (p:ordNw-meet.=o)
thirty (30) minute perieds by a twe thirds -he
Hkembers present at the meetings
The foregoing ordinance was first read by title only in
accordance with Article X, Section 2 (C) of the City Charter on
the day of , 1994, and duly PASSED and
ADOPTED this day of , 1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1994.
Catherine M. Golden, Mayor
Approved as to form:
Paul Nolte, City Attorney
PAGE 2-ORDINANCE (p:mdknmw.ww)
Ordinance No.
An ordinance amending_Ordinance No 1415 as amended adopting a-position
classification plan for-the City of Ashland.
The pimple of the City of Ashland do ordain as follows:
SECTION 11 Ordinance No. 1415 as amended, is hereby amended by deleting the following
classification titles:
Assistant City Administrator/Personnel Director
Revenue Officer
Student Firefighter
SECTION 2. Ordinance No. 1415 as amended, is hereby amended by adding the following
new classification as set forth in "Exhibit A" attached hereto and made a part hereof:
Account Representative
Assistant City Administrator
Assistant Fire Chief/Fire Marshall
Communications Supervisor
Engineering Tech III/Assistant City Surveyor
Public Works Administrative Assistant
SECTION 3. Ordinance No. 1415 as amended, is hereby amended by changing the following
classification titles:
Electric Line Superintendent to Electric Operations Superintendent
Energy Conservation Coordinator to Conservation Manager
Fire Battalion Chief to Fire Captain
The foregoing ordinance was first read•.by title only on the 15 day of February, 1994 and
duly ap ssed and adopted this _ day of March, 1994.
Nan E. Franklin
City Recorder
S• igned and approved this _ day of March, 1994.
Catherine M. Golden
Mayor
Exhibit "A"
ACCOUNT REPRESENTATIVE
Characteristics
Under the direction of the Accounting Supervisor, acts as lead worker in the Utility Billing
Division. Primarily responsibilities include collection and account inquiries; balancing
accounts receivables to the general ledger; coordinating connect and disconnect work orders;
coordination of business license and Hotel/Motel tax administration; acting as Deputy City
Recorder. Does related work as required.
Minimum Qualifications
Three years of utility accounting experience, and two years of college work with an emphasis
in business or accounting. A four year degree may be substituted for up to two years of the
required experience.
Ord14I5lExh W-M.2
ASSISTANT CITY ADMINISTRATOR
Characteristics
Under the general direction of the City Administrator, is responsible for planning,
organizing, and directing the personnel function; supervising such departments as the City
Administrator may assign; assisting in the preparation and control of the budget; conducting
operational.and organizational studies; and serving as the City Administrator in his absence.
Minimum Oualifications
Extensive knowledge of the principles and practices of public administration and personnel
management including state and federal laws regarding local government operations. Also a
knowledge of research methods, statistical analysis, and methods of report presentation, and
experience in administering affirmative action programs.
Must also have the ability to analyze organizational problems; to communicate effectively
orally and in writing; to establish and maintain cooperative and supportive relationships with
all employees; and to prepare and complete accurate reports and documents. Does related
work as required.
Seven (7) years of increasingly responsible experience in local government, a minimum of .
three (3) years of which shall have been as a City Administrator or Assistant City
Administrator. A Master's degree in public administration from an accredited college or
university, of two (2) years of additional experience may be substituted for a Master's
degree.
Ord1415XExb'A'-pg.3
ASSISTANT FIRE CHIEF/FIRE MARSHALL
Characteristics
Under the general direction of the Fire Chief, supervises and is responsible for the
enforcement of all state and local laws and regulations relating to fire protection and safety;
supervises all fire prevention, fire safety education and record keeping functions; performs
the duties of Fire Chief in his absence; and is responsible for all aspects of arson
investigation. Does related work as required.
Minimum Oualifications
Eight (8) years of fire department experience and graduation from high school or equivalent
GED certificate. A four year degree in fire science, public administration or related field
may be substituted for up to four years of the required experience on a year-for-year basis.
Necessary Soecial Qualifications
Possession of, or ability to secure, an Oregon Building Codes Agency A-level Structural and
Mechanical Inspector and a B-level Structural and Mechanical Plans Examiner certificates.
Equivalent experience in Fire and Life Safety Class Review will be evaluated for acceptable
substitution. Possession of a valid Oregon driver's license.
O W 415\EA"A'-pg.4
COMMUNICATIONS SUPERVISOR
Characteristics
Under the general direction of the Chief of Police, acts as lead worker for the Chief and
Administrative Services Captain, assigns and reviews work of subordinates; prepares work
schedules; recommends hiring, termination and disciplinary action; plans and organizes
training activities, including volunteers and personnel assigned to the Communications
Center. Also responsible for supervising clerical an records staff-, prepares special reports;
coordinates with Fire Department records and report systems; and responsible for all
communications equipment.
The position also serves as an administrative aide and executive secretary to the Chief of
Police and Police Captain; including, assisting in budget preparation, purchasing and
personnel records management. Does other.related work as required.
Minimum Oualifications
Equivalent to successful completion of 90 college credit hours and/or three years of full time
experience in law enforcement or communications work. Minimum age is 21 years.
Desirable qualifications include one year as a line supervisor; a working knowledge of public
safety communications programs; WordPerfect 5.1 and Lotus 1-2-3 experience; and public
relations skills.
Ord14IM\ 'A'-pg.5
ENGINEERING TECH III/ASSISTANT CITY SURVEYOR
Characteristics
Employees perform a variety of specialized technical tasks in the investigation, planning and
completion of survey work, reviews subdivision plots for accuracy; acts as survey party chief
in the field; performs technical computer-aided drafting work; prepares legal descriptions for
various deeds and easements; and does related work as required.
Minimum Oualifications
Equivalent to an associate degree in engineering technology from a recognized technical
school; and a minimum of two years of engineering and/or surveying experience.
Necessary Special Qualifications
Possession of an Oregon Surveyor's License and a valid Oregon driver's license.
001415\EA W—pg.5 -
.o
PUBLIC WORKS ADMINISTRATIVE ASSISTANT
Characteristics
Under the general direction of the Director of Public Works, provides comprehensive
assistance in research, writing and/or designating technical systems or procedures. Acts as
liaison by coordinating activities between departments, divisions, city commissions and
community groups. Does related work as required.
Minimum Oualifications
Two years of college in a related field and two years of relevant work experience in
research, technical support or management. A four year degree in a related field may
substitute for one year of relevant work experience. Ability to work effectively with the
public and other staff members and to communicate effectively in oral and written form.
Must have an Oregon driver's license or be able to obtain immediately. A working
knowledge of the use of microcomputers is desirable.
OW1415TE h*A*-P9.6
1
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 9.16.060 OF THE
_ ASHLAND MUNICIPAL CODE TO EXCLUDE DOGS IN
THE PLAZA ISLANDS.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.16.060 of the Ashland Municipal Code is amended to read: .
9.16.060 Dogs--City Parks or Plaza Islands. Dogs, except for seeing-eye dogs
when in the custody and control of a person.legally blind, are not permitted in
any of the city parks or the Plaza islands under any condition except as
! provided in section 9.16.030; except that the Ashland Park Commission may
designate certain defined area within such parks where dogs may be allowed
on a leash which conforms to the above requirements; and except that a
person may walk a dog on a leash through the Plaza islands if the dog remains
on the paved portions of the Plaza islands.
The foregoing ordinance was first READ on the 1st day of February , 1994,
and duly PASSED and ADOPTED this day of 1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of 1994.
Catherine M. Golden, Mayor
Approved as to form:
Paul Noke, City Attorney
PAGE 1 of 1-ORDINANCE(o:ora\aou..wo)
January 27, 1994
Brian Almquist, City Administrator
(29 rIIm: Steven Hall, Public Works Director .
�$ubjled: Water and Sewer Connection Fees
ACTION REQUESTED
City Council adopted the attached resolution setting water and sewer service installation fees.
BACKGROUND
The last modification of water and sewer installation fee was five years ago. It has been Council policy over the
past 20 years to set our fees on a total cost recover basis. The City recently completed a cost of service study. A
part of the study included the review and comments on our current water and sewer connect fees. The attached
resolution is based on that analysis.
Resolution 88-15 also includes a"per front foot"cost for connection to water and/or sewer as a reimbursement
for lines installed by individuals or developers which are connected to by other property owners in the future. In
essence, the "per front foot" cost is a systems development charge and should be deleted.
It has been a public works policy for many years that any water or sewer services installed in streets which are
scheduled for repaving be installed at no cost until the property owner connected. This policy has meant that
other users have subsidized these installations until such time as the service was connected. Also, some property
owners have asked for multiple large and small connections which may never be used. Because of these issues,
the new resolution requires the property owner to pay full cost of the service. The water service includes meter,
meter box and hand valve although these three items will not be installed until the property owner asks for
connection and pays the current systems development charges for the water and/or sewer service.
In addition, the cost of services includes backfilling with concrete slurry instead of compacted crushed rock or
granite. Although the initial cost is higher, there is less chance of the backfill settling and causing a dip in the
pavement in the future.
The proposed resolution also proposes the deferral of fifty percent(50%) of all water and sewer connection fees
for qualified affordable housing unites. This is in accord with current Council policy to give consideration to
affordable housing goals whenever utility policies are changed.
Staff recommends approval of the new rates and stipulations as outlined in the attached
resolution.
cc: Dennis Barnts, Water Quality Superintendent
Jim Olson, Assistant City Engineer
Encl: Resolution 94-
I
RESOLUTION NO. 94-_
A RESOLUTION ESTABLISHING WATER AND SEWER CONNECTION FEES PURSUANT TO
TITLE 14 OF THE ASHLAND MUNICIPAL CODE AND REPEALING RESOLUTION 88-15
THE CITY OF ASHLAND RESOLVES as follows:
Section 1. The following fees apply to all service installations including installations for future use.
Section 2. Pursuant to Section 14.04.040 of the Ashland Municipal Code, the following Water Service
Connection Rates are established: "
A. 3/4 inch service connection from main line including meter $ 955.00
1. If owner/builder/contractor provides trench and backfill $ 222.00
B. 1 inch service connection from main line including meter $1,090.00
1. If owner/builder/contractor provides trench and backfill $ 300.00
C. 1 1/2 inch service connection from main line including meter $1,500.00
1. If owner/builder/contractor provides trench and backfill $ 630.00
D. 2 inch service connection from main line including meter $1,640.00
1. If owner/builder/contractor provide trench and baclfill $ 820.00
E. 3 inch or larger service connection from main line COST
F. 8 inch and one Fire Hydrant per 335 feet $ 45.00
SECTION 3. Pursuant to Section 14.08.025 of the Ashland Municipal Code, the following Sewer Service .
Connection Rates - Inside City are established:
A. 4 inch lateral connection from trunk line to normal curb line . $1,295.00
B. 6 inch lateral connection from trunk line to normal curb line $1,355.00
C. 8 inch lateral connection from trunk line to normal curb line $1,375.00
D. 10 inch or larger lateral connection from trunk line to normal curb line COST
E. Manhole maximum depth of 5 feet $1,690.00
1. Per additional foot of depth $50.00/foot
F. 8 inch sanitary sewer line with one five foot manhole per 400 feet of 8 linch line $25.00/foot
SECTION 4. Fifty percent (50%) of the water and sewer connection fees established herein for the
development of qualified affordable housing under the City's affordable housing laws, shall be
deferred until the transfer of ownership to an ineligible buyer occurs. Said connection fees shall
be secured by a second mortgage acceptable to the City bearing interest at not less than five
percent (5%) per annum. Accrued interest and principal shall be due on sale to an ineligible
buyer.
SECTION 5. The connection fees adopted herein shall be increased to account for inflation annually beginning
on April 1, 1995, based on the Engineering News Record Construction Cost Index (ENR Index)
for Seattle, Washington. The current index is established at 5336.
SECTION 6. Resolution 88-15 is repealed on the effective date of this resolution.
SECTION 7. Classification of the fee. The fees specified in Section 1 & 2 of this resolution is classified as
not subject to the limits of Section 1 lb of Article XI of the Oregon Constitution (Ballot Measure
5)
The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City Council
of the City of Ashland on the day of February, 1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this _ day of February, 1994
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
City Attorney
City of Ashland
(503) 482-3211, Ext. 59
MEMORANDUM
February 3, 1994
TO: The Mayor and Council
FROM: Paul Nolte
SUBJECT: Attached Ordinance of the City of Ashland Amending Ashland
Municipal Code Sections 2.04.040.D and 2.04.110.A by Changing
the Beginning Time of Council Meetings to 7 p.m; the Ending Time
to 10 p.m; Adjusting the Times for Public Hearings at Such
Meetings and Repealing Resolution No. 88-13
The attached ordinance is being sent to you at this time pursuant to Article X of the
municipal charter. This charter provision permits reading the ordinance by,title only
when council members are provided a copy one week in advance of the meeting.
Attachment
c: Brian Almquist
Nan Franklin
(SACOUnciAtimechng.mem)
RESOLUTION NO. 94-
A RESOLUTION REQUIRING ALL MEETINGS OF CITY BOARDS AND
COMMISSIONS TO END AT 10:00 P.M. UNLESS OTHERWISE
EXTENDED.
BE IT RESOLVED BY THE CITY OF ASHLAND AS FOLLOWS:
SECTION 1. All evening meetings of City Boards or Commissions
shall end no liter than 10: 00 p.m. unless extended for no more
than two successive 30 minute periods by a two-thirds vote of the
members present at the meeting.
This resolution was read by title only in accordance with Ashland
Municipal Code §2 .04.090 duly PASSED and ADOPTED this day of
1994.
Nan E. Franklin, City Recorder
SIGNED and APPROVED this day of , 1993.
Catherine M. Golden, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 1-RESOLUTION (p:o.mma rta)
RESOLUTION NO. 94-
A resolution of the City of Ashland, Oregon approving an amendment to the
intergovernmental agreement creating the Oregon Municipal Electric
Conservation Agency, approving the membership of the Canby Utility Board, and
repealing Resolution No. 94-08.
WHEREAS, the City of Canby Utility Board has requested that it be added as a participant to the
Intergovernmental Cooperation Agreement of the Oregon Municipal Electric
Conservation Agency (OMECA); and
WHEREAS, any new participant must be approved by the governing body of all OMECA member
agencies under the present agreement; and
WHEREAS, the agreement should be amended so that future participants may be added by a vote
of the Board rather than by the governing bodies of the respective utilities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Ashland,
as follows;
SECTION 1. The City of Ashland hereby approves the addition of the City of Canby Utility
Board as a member of OMECA.
SECTION 2. The City of Ashland hereby approves the attached "Amendment No. 1-
Revised" to the Intergovernmental Cooperation Agreement.
i
SECTION 3. The Mayor and City Recorder are hereby authorized to sign the amendment on
behalf of the City of Ashland.
SECTION 4. Resolution No. 94-08, approving Amendment No. 1 is hereby repealed. I'
The foregoing Resolution was READ and DULY ADOPTED at a regular meeting of the City R'
Council of the City of Ashland on the day of February, 1994.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this day of February, 1994.
i
i
Catherine M. Golden, Mayor
Reviewed as to f,
ptc-,19 —
Paul Nolte
AMENDMENT NO. 1 -- Revised
Pursuant to Section 15 of the Intergovernmental Cooperation Agreement by and
among City of Ashland, City of Forest Grove, City of Milton-Freewater, City of Monmouth and
the Springfield Utility Board executed January 27, 1994, (the"Agreement")the governing bodies
of the Member Utilities hereby execute the following amendment to such agreement:
Section 1: Canby Utility Board is hereby.added as a "Member Utility"on page
1 of the Agreement and the address of Canby Utility Board is hereby added to Section 20 of the
Agreement.
Section 2: Section 15 of the Agreement is hereby amended to read as follows:
"The terms of this Agreement may be amended for any purpose,
including, without limitation, the addition or deletion of Member
Utilities, and the provision of renewable generation facilities and
energy delivery services. Any such amendment shall be in
writing, shall refer specifically to this Agreement and shall be
executed by an authorized representative of the governing bodies
of the Member Utilities, except that amendments to add Member
Utilities who.are municipal utilities need only be executed by all
members of the Board."
City of Forest Grove City of Monmouth
City of Milton-Freewater Springfield Utility Board
City of Ashland
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Thorgrimson A Special Report on the
Gates
e& Ellis Proposed New Tax Limit
ATTORNEYS AT LAW
The New Limit-A Preliminary Analysis "Taxes" under the New Limit
J✓ General Description of the Measure The New Limit defines as a 'tax"any state or
Proposed Article I, Section 32a of the Oregon local government fee or charge except:
Constitution (the 'New Llmitj,which will appear 1. User fees charged by People's Utility
as measure five on the general election ballot in Districts or port districts.
November of this year, defines as a lax' all 2. school, college or university tuition and fees.
fees and charges - of state and local
governments except specific, enumerated 3. incurred charges and local improvements as
charges. If the New Limit passes, all new defined by Article XI, Section 11b of [the
'taxes; and all lax' increases after the Oregon] Constitution.
effective date of the New Limit must be 4. other user fees paid voluntarily for specific
approved by the voters unless the Oregon services that are not monopolized by
Legislature declares an emergency. The ballot
submitted to e voters to authorize a new tax or 9ogovernment.th
tax increase must include the 'reasonably 5. increases in charges for monopolized
estimated annual dollar amount of the proposed products solely to pass through increased costs
new tax or tax increase. A copy of the New of wholesale inputs that are not state or local
Limit is attached to this report. government labor costs and are not otherwise
The New Limit's definition of 'tax' includes under the charging government's control.
many charges which would not be considered 6. fines or forfeitures for violations of law.
lazes' by people on the street or lawyers, earnings from interest, investments, state
including some charges for goods and services 7.
which citizens are in no way compelled to pay. lottery proceeds, donations or asset sales.
The inclusion of voluntary payments is a distinct The exemption for user tees charged by
difference between the New Limit and Article XI, People's Utility Districts or port districts.
Section 11b of the Oregon Constitution ('Old People's Utility Districts are currently authorized
Measure Five'), which was approved by Oregon to provide only electrical, water and drainage
voters in November of 1990. Old Measure Five services. User fees for those services may be
limited its scope to charges which are 'imposed' instituted or increased under the New Limit
on property or property owners. 'Imposed' without a vote.
charges are charges which people are
compelled to pay. Port districts do not provide, and are not
currently authorized to provide, traditional
Like some of the predecessors to Old Measure governmental services. Port districts operate
Five, the New Limit creates important new docks, airports and industrial parks. User fees
concepts which it does not define, and for these activities could be instituted or
apparently has some critical drafting errors. increased without a vote.
This means that the effect of the New Measure
on Oregon and Oregonians cannot be predicted
accurately, and ultimately will be determined in
litigation.
Y PRESTON THORGRAISON SHIDLER GATES&EWs
Special Report, Telephone: (503)228-3200 ``'' t
Page 1 Telecopier: (503)248-9085 Janua*18, 1994 ,]
-itkaS ./ `rJl
U
The exemption for 'school, college or ownership and such action is deemed
university tuition and fees. necessary to enforce regulations
Only community colleges and universities in
pertaining to health or safety.
Oregon regularly charge tuition to all students. Incurred charges shall not exceed the
grade schools and high schools do not. All actual costs of providing the goods or
Oregon schools are beginning to increase fees services.
to replace funding lost as a result of Old Because the incurred charge exemption is
Measure Five. This trend may.continue without available only for charges which can be
interference by the New Limit. "controlled or avoided by the property owner it
The exemption for incurred charges and would appear that only charges Imposed on
local improvements as defined by Article XI, property or property owners can be exempt as
Section 11 b of[the Oregon] Constitution. incurred charges. However, if the charges can
be imposed on property or property owners, the
The New Limit exempts two charges which are incurred charge exemption allows government
defined in Old Measure Five: 'incurred charges" to impose a wide variety*of charges for goods
and 'local improvements.' These Old Measure and services which are sold based on quantity
Five exemptions, when compared to some of of goods consumed, or are provided only upon
the New Limit exemptions, were more carefully the request of the property owner.
drafted and clearly defined.
Incurred charges are not permitted to exceed
Because the 'incurred charge' and 'local "actual cost;and no one is yet certain what that
improvement' definitions are clearer than some means. The 1991 legislature- provided a
of the exemptions created by the New Limit, the definition of actual cost that permits local
New Limit provides an incentive to local governments to use flat fees; and include
governments to structure their fees and charges depreciation and other non-cash costs of
so that they qualify as 'incurred charges" and operating utility systems. However, these
'local improvements.' This will have the definitions have not been scrutinized by Oregon
somewhat ironic effect of increasing the burden courts, and it is not yet known whether the
of governmental charges which are imposed on courts will accept the legislative definitions.
the owners of real property, since these Old
Measure Five exemptions appear to be Local Improvements
available only for charges which are imposed on Old Measure Five contains an exemption from
property or as a direct consequence of property its limits for assessments for local
ownership. improvements. The New Limit only has an
Incurred charges. exemption for 'local improvements." 'Local
improvements' are not fees or charges, only
Old Measure Five states that assessments are. This is such a glaring error in
"Incurred charges" include and are draftsmanship that we may reasonably hope
specifically limited to those charges by that the courts will construe the New Limit's
government which can be controlled or exemption for 'local improvements' as an
avoided by the property owner exemption for 'assessments for local
(i) because the charges are based on improvements."
the quantity of the goods or services Old Measure Five provides:
used and the owner has direct control A "local improvement' is a capital
over the quantity;or construction project undertaken by a
() because the goods or services governmental unit
are provided only on the specific (I) which provides a special benefit
request of the property owner; or only to specific properties or rectifies a
(iii) because the goods or services problem caused by specific properties,
are provided by the governmental unit and
only after the individual property owner (i)the costs of which are assessed
has failed to meet routine obligations of against those properties in a single
PRESTON THORGRIMSON SHIDLER GATES&ECUs
Special Report, Telephone: (503)228-3200
Page 2 Tclecopier: (503)248-9085 January 28, 1994
assessment upon the completion of the The meaning of"paid voluntarily."
project, and This is a particularly puzzling phrase, and may
(iii)-for which the payment of the simply be the result of carelessness on the part
assessment plus appropriate Interest of the drafters. At one level, the only fees that
may be spread over a period of at least are paid 'voluntarily' are gifts and donations.
ten years. Presumably the drafters did not intend to restrict
The total of all assessments for a local this exemption to voluntary contributions to local
improvement shall not exceed the actual governments.
costs incurred by the governmental unit in Perhaps 'paid voluntarily' was meant to
designing, constructing and financing the eliminate collection efforts; fees can be
project. charged, but governments cannot sue to collect
The exemption for assessments for local them.
improvements appears to be relatively well Perhaps local governments could qualify for this
understood, and to incorporate many of the exemption by billing for services in advance,
Oregon local government assessment practices and refusing to provide service if no payment is
which were being used before the adoption of made. An advance payment for services would
Old Measure Five. The exemption allows appear to be wholly voluntary. However, it
property to be assessed for an allocable share would appear to require citizens to pay for
of capital improvement projects which specially government services earlier than they do now.
benefit the assessed property. The exemption
can not be used to provide revenue for It is even possible that this phrase was intended
operating costs. to mean what the drafters of Old Measure Five
meant when they exempted feesffor goods or
The exemption for other user fees paid services which 'are provided only on the
voluntarily for speck services that are not specific request of the property owner.'
monopolized by government. Unfortunately, a court may have trouble
This exemption is confusing and unclear. This reaching this conclusion, since the New Limit
This
unfortunate, because fl is the cross-references the 'specific request' language
is major exemption available to fund the costs a of Old Measure Five.A judge is likely to assume
services provided by traditional local that the drafters of the New Limit would have
written'services provided at the specific request
governments, unless those governments choose of the person charged' if that was what the they
to impose their charges on property. Some meant.
charges, such as transit fees,cannot reasonably
be imposed on property. The meaning of"monopolized."
This exemption, by its terms, applies only to One of the most complicated specialties in
'services; it does not apply to goods or American law is anti-trust law. Much of the
"products.' Legislation and litigation will be complexity is associated with determining
required to determine what is a 'service' which whether particular activities constitute a
can be exempted under this provision. For 'monopoly.' The determination depends heavily
example, sewerage services are clearly a on complex facts such as the type of market
'service' since the customer gets no tangible that is served, the geographic coverage of the
item in exchange for payment. However, alleged monopolizer,,and the aftematives of the
although we typically talk about water 'service' consumers. We do not believe there is a Gear
the customer does get a tangible item (water) in legal definition of monopoly that can be applied
exchange for payment. This lack of clarity may easily to governmental services; that lack of
suggest that water fees (and any other utility clarity is bound to provoke lawsuits which will
fees for which there is lack of clarity) should be divert scarce public funds from governmental
imposed on property and structured to comply services to lawyers.
with the*incurred charge'exemption. We will Illustrate this point by contrasting two
typical govemmental services: sewerage
service and mass transit service.
PRESTON THORORIMSON SHIDLER GATES&ELUs
Special Report, Telephone: (503)228-3200
Pagc 3 Telecopier. (503)248-9085 January 28, 1994
The Sewerage Example `pornography.' It's hard to say just exactly what
makes something pornographic, but'you know it
Sewerage services in Oregon are provided by when you see it. The difficulty with this kind of
both public and private entities. The majority of definition is that everyone sees it a little
sewerage service providers are public, but differently. This means that the exemption
generally there is no prohibition on the provision cannot be utilized efficiently by a government
of sewerage services by private providers. which is trying its best to comply with the New
People use the public sewers because they are Limit, until the phrase has been reviewed by the
there. Because they are there, they are the Oregon courts.
cheapest sewerage alternative.
Are sewerage services 'monopolized by Court review is time consuming and costly, and
government' because the substantial majority of diverts the limited funds and time of public
sewerage services are provided by bodies from providing services. Moreover,
governments? governments the New Limit encourages lawsuits against
governments by rewarding lawyers for bringing
Are sewerage services -monopolized by them (see?he Provision to Keep Your Lawyers
government' because an individual property Green' below), we must expect substantial and
owner cannot reasonably choose a non- protracted litigation over the meaning of this
government provider for property which is in an phrase.
area served by a public sewer system? The exemption for increases in charges for
Are sewerage services not "monopolized by monopolized products solely to pass
government' because there are private through increased costs of wholesale inputs
providers in Oregon? that are not state or local government labor
Are sewerage services not 'monopolized by costs and are not otherwise under the
government' because government does not charging government's control
prevent private business from operating This exemption also uses the phrase
competing sewerage services, even though no 'monopolized; and suffers from the same lack
private business could practically provide of precision which is described in the preceding
services at rates comparable to those provided section.
by the government?
The exemption allows local governments to
The Mass Transit Example pass through increases in out of pocket costs,
Most local mass transit services are provided by but not increases in internal costs. Where this
governments, often because it is not profitable exemption applies, it will provide an incentive
for a private business to provide adequate for local governments to reduce the quality of
service levels. However, most areas that have products in order to increase the portion of the
public mass transit also have private taxi cabs charge that is available to cover increases in
and Greyhound busses. overhead.
Are mass transit services in the City of Portland This exemption does not apply to fees for
'monopolized by government' because the only services. It applies only to fees for products.
local bus and train service is provided by In- There is no definition of charge 'products.' (See
Met? 'Charges For Which No Exemption Appears
Available. - Fees for Products'below)
Are mass transit services in the City of Portland
not 'monopolized by government' because a The exemption for `Fines or forfeitures for
passenger can always call a cab instead of violations of law'
riding the bus? This exemption currently does not raise
Are mass transit services in the City of Portland significant revenues for the state or local
not 'monopolized by government' if the City of governments. However, the state and local
Klamath Falls has a small, local, private bus governments may be encouraged by the New
line? Limit to make greater use of these exemptions
in the future.
We fear the phrase 'monopolized by
government' may be like the definition of
PRESTON THORGRIMSON SHIDLER GATES&ELLIS
Special Report, Telephone: (503)228-3200
Page 4 Telecopicr: (503)248-9085 January 28, 1994
For example, federal laws and regulations of the sales"are grammatical and understandable, and
United Slates Environmental Protection Agency a court conceivably could conclude that the
set standards for clean water which the state 'normal"construction should be applied.
and local govemments are required to meet. The exemption for donations' is puzzling. It is
Local governments have responded to these hard to think that a donation to a state or local
requirements, in part, by instituting surface government .is a fee or charge of that
water management fees and using the revenues government pet alone a 'tax7. It therefore
to construct storm water .systems which help seems pointless to have an exemption for
keep rivers, lakes and groundwater clean, and donations. It seems equally pointless to have
by mandating connection to sewer systems and an exemption for *earnings on donations' since
imposing charges on those who connect in order the measure already clearly exempts interest
to construct and improve sanitary sewer earnings and investments,
systems which also keep water within federal
limits. Charges For Which No Exemption Appears
Available.
To the extent that the New Limit reduces the Fees for Monopolized Services
ability of local governments to collect for these
services, local governments may be forced by There is no exemption for fees for services
federal law to substitute building moratoria, new which are 'monopolized by government,' even if
standards for development which shift to they are paid voluntarily. These fees cannot be
developers costs previously paid by local instituted or increased without a vote. The
governments, and to impose substantial fines following charges clearly seem to be 'taxes'
for violations of these requirements. under the New Limit: if the New Limit passes, a
The.exemption for "eamings from interest, vote will be required to institute or increase
investments, state lottery proceeds, these*taxes:'
donations or asset sales." State income taxes.
This is another exemption which should have Gas and cigarette taxes.
been drafted differently. The normal rules of State or local sales taxes.
grammar suggest that the phrase 'earnings
from" modifies each noun that follows, so that Local business and income taxes.
there are exemptions only for 'earnings from Collections of tax increment revenues.
interest' from investments,"
from state lottery proceeds; and so forth. Surface water management fees.
This 'normal' construction produces an Franchise fees.
unfortunate result, because it suggests that
charges for lottery tickets and the sales price of Court filing fees.
property sold ,by a government are *taxes" Fees for governmental permits, including
subject to the New Limit. As one person building permits,
na fees for parades, public
remarked to us, the normal construction would
events, additional police protection, and use
means 'a local government couldn't sell a used of public ways for construction.
pickup truck without a vote'
Regardless of the construction a court applied to Business,dog and other license fees.
this exemption, it would appear that interest All other user fees for services which are
earnings and investment earnings are exempt monopolized by government, unless those
from the New Limit. fees are imposed on property or property
owners and structured as 'incurred
The effect of this exemption on state lottery charges.'
proceeds and asset sales is less clear. While it
seems that there is no good public policy reason Strong arguments can be made that the New
to require a vote to institute or Increase lottery Limit treats the following charges as"taxes:"
ticket prices or the prices at which governments Fees for sewer, water and municipal (other
sell assets, the phrases 'earnings from state than PUD) electric service, unless the fees
_. lottery proceeds' and 'eamings from asset are 'incurred charges' and are imposed on
PRESTON THORORIMSON SHIDLER GATES&ELLIS
Special Report, Telephone: (503)228-3200
Page 5 Telccopier: (503)248-9085 January 28, 1994
property or as a direct consequence of increases for charges for products could be
property ownership. To be exempt, Oregon made without a vote only if the product is
courts must conclude that these fees are monopolized by government; if the product not
paid voluntarily and that these services are monopolized by government, any increase
not 'monopolized by government.' If water requires a vote.
or electricity is a 'product' rather than a
service, then fees for these products cannot Other Increases which are Clearly Exempt
be increased unless they are monopolized. The following tax increases are clearly exempt
by government (and then only limited from the New Limit:
increases are allowed).
The six percent increase in voter approved
Fees for use of state and local parks. tax bases which is permitted by Article XI,
Fees for fire protection services (other than Section 11 of the Oregon Constitution.
voter approved property taxes), because Increases in revenues which come from rate
this service may well be 'monopolized by based taxes, such increases in state income
government' taxes which occur when Oregon personal
Ticket charges for governmentally operated income increases, and increases in sales
buses and trains. These fees appear to be tax revenues which occur when the price of
paid voluntarily, since they are generally goods or the amount of sales increases.
paid on entry into the vehicle. However, a Increases which may be Exempt
court could decide that these services are
'monopolized by government.' The following tax increases are may be exempt
from the New Limit:
Fines imposed by public libraries for
overdue books (these fines are not imposed Taxes and charges which are indexed.
for"violations of laud'). Taxes or charges which increase according
Increases in charges for copies of public to a schedule adopted prior to the effective,
documents (there may be a monopoly, date of the New Limit.
because a customer must make the copy in Effect on Revenue Bonds
the library or government offices using their
machines; if the customer purchases a Rate Covenants
'service'a vote is required for any increase; Most revenue bond issues contain 'rate
if the customer purchases a 'product' the covenants.' A rate covenant is a promise to
government may increase charges only to bondowners to maintain rates which are
cover increases in the cost of the copier and sufficient to pay operation and maintenance
the paper.) expenses, debt service, and an additional
Fees for Products 'coverage' amount, which assures bondowners
that enough money will actually be available to
There is no exemption for fees or charges for pay the bonds. As costs of operation and
'products' which are not monopolized by maintenance increase, rate covenants require
governments. The measure does not define that issuers increase their fees and.charges.
'products'or indicate how they are distinguished
from "services.' A valid rate covenant for revenue bonds issued
prior to the enactment of the New Limit should.
The New Limit may exempt the price at which a be protected by the contracts clauses of the
government sells an 'asset.' (See 'The Oregon and United States Constitutions.
exemption for 'eamings from interest,
investments, state lottery proceeds, donations It is unclear whether revenue bonds could be
or asset sales.' above) The New Limit does not issued with a traditional rate covenant after
give any indication of the difference in meaning enactment of the New Limit, if the rates which
between a 'product' and an 'asset.' If one subject to the'covenant are 'taxes' under the
could figure out what a 'product' is, and was New Limit. Since traditional rate covenants
sure that it was different than an 'asset; it require the collection of amounts in addition to.
would be clear under the New Limit that actual operation and maintenance costs, and
since operation and maintenance costs increase
PRESTON I)IORGRIMSON SHIDLER GATES&ELLIS
Special Report, Telephone: (503)228-3200
Page 6 Telecopier: (503)248-9085 January 28, 1994 .
over time beyond the control of the issuer, it is Effect on General Obligation Bonds
not clear that a ballot could "reasonably No Stated Exemption
estimate the annual dollar amount of the new
tax or Increase.' Inability to use traditional rate The New Limit does not contain an exemption
covenants could adversely affect local for taxes levied to pay for general obligation
governments and citizens in two ways: bonds which were issued before its effective
If an issuer has outstanding bonds with a rate date.
covenant, new bonds could not be issued on The New Limit requires that a ballot measure
parity unless the new bonds have a valid rate submitted to voters to authorize a 'lax' or 'tax
covenant. If the issuer cannot issue on increase' clearly describe the proposed new tax
parity, the only options are to.use junior lien or increase and the reasonably estimated
bonds (which are less secure and may annual dollar amount of the proposed new tax or
therefore have a higher interest rate) or to increase' Virtually all ballot measures
refund all outstanding bonds (which can be approving state and local government bond
expensive, and may be prohibited by federal issues have omitted this 'reasonable estimate;
law)• since it has not previously been a requirement
Lack of a traditional rate covenant may be of Oregon law. Taxes levied to pay these bonds
perceived by the bond market as a weakness are not therefore exempt under the stated'terms
in the structure of the issue, which could of the New Limit.
reduce ratings and increase interest costs. Contracts Clause Protection
Need for Voter Approval The United States and Oregon Constitutions
Bonds paid from revenues which are 'taxes'will contain prohibitions on Iegiq!ation which
need to have any `lax increase approved by the interferes with contracts which were entered into
voters. before the date of the legislation. The
'contracts clause' of the United States
Need to Restructure or Litigate constitution has been invoked in the past to
If the bonds are supported by fees and charges prevent legislation which weakens the security
which may or may not be 'taxes' under the New provisions of state and local government bonds.
Limit, issuers may need to restructure those We believe that the contracts clause will protect
fees and charges as incurred charges which are the ability of Oregon issuers to levy taxes
imposed on property, or institute litigation to sufficient to pay general obligation bonds which
clarify the status of those fees and charges. are issued before the effective date of the New
Issuing revenue bonds without knowing whether Limit, even though the New Limit does not
the revenues are 'taxes will create uncertainty contain an exemption for those taxes.
in the minds of bond purchasers, which will
increase bond interest costs. potential Risk of the Lack of an Exemption
Litigation is time consuming and expensive. The lack of a stated exemption may create risk
Some charges (for example, mass transit fees) for local governments which have issued
cannot reasonably be imposed on property; and general obligation bonds before the effective
litigation may be the only viable way of date of the New Limit, have operating levies,
resolving uncertainty. and need to increase their bond levies after the
effective date of the New Limit. This could
The New Limit encourages litigation against happen because scheduled bond debt service is
governments (see 'The Provision to Keep Your increasing, or because revenues previously
Lawyers Green' below). Litigation can delay a used to pay the bonds are no longer available,
proposed bond issue indefinitely. If the bonds and the local government is obligated by its
are sold while litigation is pending, it may bond contract to levy additional taxes.
increase interest rates. The drafters of the New Limit may not have
been aware that taxes for general obligation
bonds are not always level, and may decrease
in one year, and increase in another.
PRESTON THORORIMSON SHIDLER GATES&ELus
Special Report, Telephone: (503)228-3200
Page 7 Telecopier: (503)248-9085 January 28, 1994
The risk arises because our judicial system 1995, simply to reduce the risk that someone
prefers to avoid making decisions based on will later claim there has been an increase in
constitutional principles, such as the contracts violation of the New Limit.
clause. Instead, courts must attempt to Effect of the Date of Issuance
construe apparently conflicting .provisions
harmoniously, and in a way that raises no General obligation bonds which have been
constitutional Issues. authorized before the New Limit, but are not
A judge construing the New Limit might issued before it becomes law, usually will not be
therefore find that a local government's contract issuable as general obligations after the New
with general obligation bondowners is merely to Limit becomes law, because the ballot measure
levy a tax sufficient to pay the bonds. If the approving the bonds will not have stated She
issuer levied both bond taxes and operating reasonably estimated annual dollar amount of
taxes, a judge could conclude that the issuer the tax to be levied to pay the bonds!
must apply all of its authorized operating taxes Local government general obligation bonds
to pay the bond tax increase before the which are authorized before the effective date of
contracts clause would allow the local the New Limit may be awkward to issue if no
government to increase a tax in violation of the levy will be certified for those bonds for fiscal
New Limit. Such a conclusion would protect the year 1994-1995,
bond levy, but reduce operating revenues and
adversely affect the general financial health of It may be prudent for issuers seeking authority
the issuer. to issue GO bonds at elections in 1994 which
occur after the last date for certification of bond
Since the general financial health of an issuer is levies to include a reasonable estlmate of the
an important factor in the security of its bonds, bond tax in the ballot.
we believe it is more likely that a court would
conclude that issuers have contracted with their If the New Limit becomes law, the State of
general obligation bondowners to levy a tax Oregon apparently cannot issue the general
sufficient to pay the bonds which is in addition to obligation bonds now authorized by the Oregon
its authorized operating taxes. Constitution, because the ballots amending the
constitution to authorize those bonds will not
Avoiding the Risk have stated. 'the reasonably estimated annual
Local govemment general obligation bonds dollar amount of the tax to be levied to pay the
which have been outstanding for some time, bonds.'
and for which the issuer has been levying a tax, Emergency Override
often.may not be subject to this risk, because
the bond levies tend to be relatively level. This The New Limit allows the Oregon Legislature,
means that there would be no 'increases' in the by athree-fourths vote of both houses, and the
bond tax after the New Limit becomes law. Governor, to impose emergency 'taxes' in
excess of that allowed by the New Limit, but
Local govemment general obligation bonds only for twelve months at a time. The Oregon
which will be issued soon may not be affected legislature currently only meets once every two
by this risk because the first levy for these years.
bonds will occur in November of 1994, which is The Provision to Keep Your Lawyers Green
before the New Limit takes effect. If that first
levy is the highest expected levy, no increase The New Limit authorizes any person residing
would occur in the bond tax after the New Limit in, or doing business within, the unit of
takes effect. govemment imposing the 'tax' to bring suit to
It may reduce the risk to structure debt service enforce the provisions of the New Limit. The
on these Issues so that the levies necessary to party suing does not need to be subject to the
pay them are 'strictly decreasing; that is, each tax which is alleged to violate the New Limit. If
levy is either the same as the previous year's the person suing prevails, they are entitled to
bond levy, or is less. attorney's fees and costs. If the state or local
govemment prevails, they are forbidden to
In addition, it may be desirable to certify the collect attorney's fees or costs.
largest possible bond levy for fiscal year 1994-
PRESTON'DIORGRIMSON SHIDLER GATES&ELLIS
Special Report, Telephone: (503)228-3200
Page 8 Telecopicr: (503)248-9085 January 28, 1994
This provides an enormous incentive to sue the consider including in the ballot a reasonable
state and local governments for alleged estimate the dollar amount of taxes which will
violations of the New Limit. Lawyers will accept be required to pay the bonds.
these cases on a contingent fee basis. If the Issuers should consider drafting emergency
person suing loses, it will cost nothing. If the override legislation to submit to the 1995
person wins, the person and the persons lawyer legislature. The legislation would authorize
will win big. This provision would be bound to emergency taxes for one year which are
provoke specious lawsuits if the provisions of necessary to comply with contracts entered into
the New Limit were Gear. Since the provisions by issuers before the New Limit was approved.
of the New Limit are extremely unclear,we must This legislation could 'buy time' to get
expect that the New Limit will trigger a very legislation (and perhaps even litigation)to clarify
large number of suits against Oregon the many uncertainties of the New Limit.
governments.
Protective Measures
This will be the subject of a second newsletter, '7fus articles a product of the mmudpal lawyers at the Pailland--
which we will send out soon. However, in the ofrce of Preston Thoigrieison shkner cafes a Errs,trio are
meantime, we note the following: located.at S.W FrRh'Awxve, PoAlarW Oregon 97204.
Those Wwyers
Issuers should carefully analyze any proposed Kenll,2
long term contractual commitments. If the New
Limit becomes law, it will affect a wide variety of c"' R°
charges, and will tend to reduce governmental
John Nelson
revenues. Dick Roberts
The New Limit applies only to taxes and Harvey Rogers z
increases which occur after the New Limit takes Tim sercanbe
effect. This means that governments which will
require additional revenues in the near future to Ed Sutton
serve critical public needs should institute new Pose call any of them K you wouldar a to dsuss the
'taxes' or increase those 'taxes' before the implications of the New omit m more detail The prirrGpal
effective date of the New Limit. If'taxes' are in author of this special Report is Harvey;Rogers A second
effect before the New Limit, they may be special report.diseussirg ways of wpk,g'.w th the New umR,
and some of lb provisrons'Which were not addressed In tlils
continued after the New Limit becomes law. report,viii be sent to you soon
Indexed 'taxes' may be possible, which will
collect additional revenues as circumstances
change, but will not involve 'increases' which
are subject to voter approval.
Revenue bonds payable for New Limit lazes'
which are issued after the New Limit takes
effect will likely require voter approval of the
taxes. This means issuers should either issue
before the effective date of the New Limit, or
should seek voter approval of the' lax'
increases in a way that complies with the New
Limit.
Previously authorized but unissued general
obligation bonds should be issued in time to
certify a levy for the 1994-1995 fiscal year,and
the levy should be as large as any subsequent
levy is expected to be.
Issuers seeking approval of general obligation
bonds which will not be issued in time to certify
a levy for the 1994-1995 fiscal year should
PRESTON THORORIMSON SHIDLER GATES&ECUs
Special Report, Telephone: (503)228-3200
Page 9 Tclecopier: (503)248-9085 January 28, 1994
AN ACT
Be it enacted by the People of the State of Oregon:
PREAMBLE. The purpose of this Act is to ensure that tax increases, which further deprive citizens of
Income and property, are hereafter directly approved by the people.
PARAGRAPH 1. The Constitution of the State of Oregon Is amended by creating a new Section 32a in
Article I to read:
Section 32a, People's right to approve all taxes. Notwithstanding any other provision of this Constitution,
any new taxes ortax increases shall require approval by the people, as follows:
(1) No new tax shall be levied and not tax or tax rate shall be Increased, by the state or by any local
government or district, unless such tax or tax increase is first approved by a majority of voters voting on
the question. The question submitted to voters shall clearly describe the proposed new tax or increase
and the reasonably estimated annual dollar amount of the proposed new tax or increase.
(2) Any elimination or reduction of tax exemptions, credits, deductions, exclusions, or cost-of-living
Indexing shall be considered a tax increase. Any extension of an expiring tax shall be considered a tax
increase.
(3) The following revenues shall not be considered taxes or tax increases for the purposes of this
section: User fees charged by People's Utility Districts or port districts; school, college, or university
tuition and fees; incurred charges and local improvements as defined by Article XI Section 11b of this
Constitution; other user fees paid voluntarily for specific services that are not monopolized by
government; increases in charges for monopolized products solely to pass through increiped costs of
wholesale inputs that are not state or local government labor costs and not otherwise under the charging .
government's control; fines or forfeitures for violations of law; and earnings from interest investments,
state lottery proceeds,donations, or asset sales.
(4) Any state or local government fee or other charge not listed in subsection (3) shall be considered.a
tax for the purposes of this section.
(5) New taxes or tax increases may only be submitted to voters at the following election dates: one
primary election date in each even-numbered year, the general election date in each even-numbered
year,and up to two election dates,designated by law, in each odd-numbered year.
(6) A government may combine requests for multiple tax and fee changes into a single measure
submitted to voters. Such a combined measure shall be considered to embrace one subject.
(7) This section shall not require a vole of the people when increases in government revenue Occur
solely due to changes in federal tax law, increases in income, increases in real market property values,
or other changes in the circumstances of individual taxpayers.
(8) A tax base increase of no more than 6%, as allowed by Article XI Section 11 of this Constitution shall
not require voter approval under this section.
(9) Notwithstanding Article IX Section la of this Constitution, if a State of Emergency is declared as
provided by the law, the Legislative Assembly and Governor may override this section and enact by law
particular taxes, or authorize particular local taxes, without a vote of the People if such taxes are
approved by a three-fourths vote in each house and signed into law by the Governor. Such emergency
taxes shall not be enacted without the Govemor's signature. Any taxes authorized or enacted by such
action shall be specifically designated for the declared Emergency and shall be in effect no longer than
twelve months. Revenue from such taxes in excess of the amount required by the Emergency shall be
returned to the People in a timely manner. During any such Emergency, this section shall remain in
effect for all other taxes.
(10) A government that levies taxes or fees in violation of this section shall refund any tax or fee
amounts collected in violation of this section, plus Interest, to taxpayers in the twelve months following
the determination of violation. Interest paid shall be computed as the cost of living change plus six
PRESTON THORolumSON SHIDIFR GATES&Euis
Special Report, Telephone: (503)228-3200
Page 10 Telecopier: (503)248-9085 January 28, 1994
percent per year, compounded for the period from collection of the taxes or fees to payment of the
refunds.
PARAGRAPH 2. SEVERABILITY. If,any provision of this act is invalidated, then the remaining
provisions shall remain in effect.
PARAGRAPH 3. CONFLICT WITH OTHER BALLOT MEASURES. If there is an Irreconcilable conflict
between any provision in this measure and a provision In another measure amending the Oregon
Constitution and passed at the same election, then the provision in the measure that received the most
affirmative votes shall prevail.
PARAGRAPH 4. LEGAL ACTION. Any legal action contesting or enforcing any part of this Act or any
laws Implementing it shall be brought in the Oregon Tax Court or any successor court. Any Oregon
resident or legal entity doing business in Oregon has standing to bring suit to enforce this Act and any
laws Implementing it, provided that person or legal entity bringing the suit resides or does business within
the taxing unit or district which shall be the defendant to the suit. If the Oregon resident or legal entity
bringing suit prevails, then the Oregon resident or legal entity shall be reimbursed by the defendant for
all reasonable expenses of the suit, including, without limitation, attorney's fees, costs, and reasonable
expenses at trial and on appeal. No government unit shall be entitled to attorney's fees, costs or
expenses. Any legal action alleging violations of this Act or of any law implementing this Act must be
begun within two years of the date of any alleged violations.
PRESTON THORORIMSON SHIDLER GAm Q,ELLIS
Special Report, Telephone: (503)228-3200
Page I1 Telecopier: (503)248.9085 January 28, 1994
� :a
y
� \
ASHLAND PARKS AND RECREATION COMMISSION
340 SOUTH PIONEER STREET ASHLAND, OREGON 97520
PARK COMMISSIONERS: ;°a'Of Ab'M KENNETH J.MICKELSEN
- 'YQ _ Director
PATRICIA ADAMS
ALLEN A.ALSING
TERI COPPEDGE 1'
LAURIE MacGRAW TEL.:(503)488-5340
WES L.REYNOLDS 4E00.„, FAX:(503)488-5314
February 1 , 1994
Mayor Golden and City Councilors
CITY OF ASHLAND
Ashland, Oregon 97520
RE: RESOLUTION CALLING FOR SPECIAL ELECTION -
Honorable Mayor and Councilors :
At its Regular Meeting on January 31 , 1994, the Ashiand Parks and
Recreation Commission unanimously voted to recommend to the City
Council that it place an Ashland Youth Activities Three-Year Serial
Levy on the May 1994 ballot. The levy shall be for a uniform
amount of $970 ,000 per year for three years . The estimated rate to
raise this levy is 98 cents per thousand dollars of true cash value
of taxable property.
Sincerely,
Allen Alsing, Chair
ASHLAND PARKS AND REC ATION COMMISSION
1:BDDG81�9l-96�YtA-L8YY.91
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From ROGUE VALLEY COG PHONE Ho. : 563 GG4 GG76 Feb. 15 1994 4:29PH P01
Agreernents made at the Malting on 2/11/94
Meeting Participants:
Harold Haugen, Josephine County Commissioner
Sue Kupillee, Jackson County Commissioner
Hank Henry, Jackson County Commissioner
Rob Winthrop, Ashland Councilmember
Gordon Anderson, Mayor, City of Grants Pass
Bill Mansfield, Medford City Councilmember
Staff members in attendance:
Ed Olson, Medford Water Commission
Jerry McLeod, SWMG Field Team
Jim Hill, City of Medford
Dave Wheaton, City of Grants Pass
Mary DeLaMare-Schaefer, Rogue Valley Council of Governments
1 . Communications regarding problems or concerns about the development of
watershed councils will be shared directly with the involved jurisdictions.
2. Watershed councils will be formed (or already exist) at tho sub basin level.
There are 7 geographic sub basins in the Rogue Basin.
3. On the ground projects will be accomplished and managed at a sub basin level.
4. A steering committee (see attached chart) will serve in an advisory capacity in
the development of a consensus document re: priorities for the Rogue Basin. Tile
steering committee will function as an information and coordinating group as well.
The steering committee will be composed of the following members:
6 County commissioners (2 each from Josephine, Jackson and Curry county)
6 City representatives
7 Watershed council representatives (one person from each sub basin)
From ROGUE k)RLLEY COG PHONE No. : 503 664 6676 Feb. 15 1994 4:3OPM P02
DRAFT
APPROVAL §, STATE
COUNTIES LWITHIN IES
-JACKSON
•JOSEPHINE HREE COUNTIES
-CURR Y
CONSENSUS D�n*ww
a:
ADVISORY STEERING COMMITTEE
ROGUE BASIN WATERSHED COUNCIL
• 6 COMMISSIONERS
• 6 CITY REPS
• 7 REPS - ONE FROM EACH SUBBASIN
ILLINOIS MIDDLE ROGUE APPLEGATE
JOSEPHINE CO.
LOWER ROGUE ILLINOIS- (APPLEGATE
OMMITTEE)
WATERSHED '
ATERSHED COMMITTEE PARTNERSHIP)
TECHNICAL
BEAR CREEK LITTLE BUTTE UPPER ROGUE
050 CO
MMITTE CREEK
Feh . 15 , 1994
"7050" PLAN AGRICULTURAL• WATER 11SE EXECUTTVF, _ SUMMARY
I PRESENT CONDITIONS
The present water available to agriculture for wet, "normal" and
dry years is Illustrated in the figure below.
IRRIGATION DISTRICT WATER AVAILABILITY AND NEED
(ACRE FEET AT DIVERSION POINT)
OAVAII,
200 193 ■DEMAND
17s
" ORESERVE/DEFICTT "
150 150 1
150 50
Q 107
100
u
W 50 u
04 ]5
0
K �
� V
� 2 �
_50 0
43
II FINDINGS
The current agricultural water resources are summarized- below:
* agricultural water resources are not adequate to meet
the combination of existing irrigated lands, all
potentially irrigable lands and unmet stream flow water
rights even on wet years
* over 50, 000 AF of water is needed to meet existing
irrigation needs dur ng_&1r_pu_qr,t _v eriods
agriculture water resources arF adequate to serve
existing irrigation needs during "normal" years (much
of the agricultural water resources not used during one
season is reserved for future drought demands)
* adding the demands of potentially irrigable acreages
( 6, 000 AF) would further reduce reserves for carryover
* the annual use of 150, 000 acre feet of irrigation water
potentially benefits ground water. supplies .
-ii-
III FUTURE PROJECTIONS
The projections of future agricultural water needs must consider
such factors as urbanization, climate, conservation and new
technology, additional water sources, new agricultural practices
and the possibility of marketing water for other uses . Some of
these factors are summarized below.
* agricultural water resources could increase by as much
as 50, 000 acre feet by the year 2050 through additional
storage, conservation and reclamation improvements
* additional water resources will reduce the impacts of
future drought periods
* Agriculture 's need for water may remain constant as
some new acreage may replace lands converted to urban
uses over the next 5 - 10 years .
* the most significant issue affecting the future of
agriculture is projected urban growth which could
reduce irrigated agricultural acreage and water demands
significantly by the year 2050 . The chart below shows
the agreage needed for urban land using current
densities and a 2 % population growth rate .
URBAN GROWTH & AGRICULTURE LAND USE
PROJECTIONS AT 2.0% POPULATION GROWTH RATE
oAgriculture ■Urban
90 82
80
67
70
60 55
0 48
0 50 44 41
38
w 40 34 32
28
30 24 22
20 15
10
10
0
1992 2000 2010 2020 2030 2040 2050
YEAR
Urban growth will occur . It is possible to encourage that
development away from prime resource lands . It is up to society
to support agriculture in preserving agriculture as a food and a
quality of life resource for the future .
ROGUE VALLEY 155 S. Second Street
Council of Governments P.O. Box
Central Point,
OR 97502
Transportation Department (503) 664-6674, 779-6785
474-5947, FAX 664-7927
ROGUE VALLEY METROPOLITAN PLANNING ORGANIZATION
PLANNING AREA BOUNDARY
Synopsis:
Recent Federal regulations for statewide and Metropolitan Planning Organizations (Federal Highway
Administration/Federal Transit Administration;Statewide Planning Rule,October 28, 1993)require that
the metropolitan planning area include analysis of air emissions within the boundaries of non-attainment
or maintenance areas created by the 1990 Federal Clean Air Act Amendments (CAAA). "Non-
attainment boundaries" are those areas identified as not meeting national air quality standards as
defined in the CAAA. The significance of the boundary delineation is to ensure that transportation air
emissions are accounted for in regional planning. Confusion regarding which non-attainment or
maintenance area boundary this new regulation applies to has created some controversy in the actual
requirements of the legislation.
Initial recommendations regarding the potential change in the Metropolitan Planning Organization
planning area boundary include:
• Perform conformity review for all transportation projects within the entire Air Quality
Maintenance Area / particulate matter non-attainment area, and
• Defer consideration of formal Metropolitan Planning Organization boundary changes until FY96.
Specifics relating to planning area boundaries and the recommendations are explained below.
Background:
The current Rogue Valley Metropolitan Planning Organization (MPO) planning area boundary includes
the cities of Medford,Central Point,and Phoenix,and the surrounding unincorporated areas of Jackson
County. This area was established by the MPO and includes the non-attainment area for carbon
monoxide (CO).
The Air Quality Maintenance Area (AQMA) includes the entire MPO boundary and extends north to
Eagle Point, south to Ashland, and west to Jacksonville, as well as all areas in between (see attached
Figure 1). The AQMA boundary was originally designated by the Environmental Protection Agency in
1974, and also serves as the non-attainment area for particulate matter (PM10). Originally, the
Medford/Ashland AQMA boundary was established for all three criteria pollutants;ozone,CO and PM1 o.
However, the 1990 CAAA dropped the ozone non-attainment designation for the Medford/Ashland
AQMA, and the area has been determined a "moderate" PM10 non-attainment area. The CO non-
attainment area has been redefined in the 1990 CAAA to include only the area lying within the Medford
Urban Growth boundary.
In the past, PM10 was not considered a transportation related pollutant. However, the current State
Implementation Plan now recognizes fugitive dust emissions from transportation facilities, in
combination with stationary sources, as a contributory factor in PM10 emissions. As such, the MPO
planning area must consider the entire PM10 non-attainment area for regional emissions analysis.
Summary/Options:
Currently, the MPO is in the midst of a 2+ year transportation plan development. This process is
required to be completed and adopted by December 1995. Expanding the MPO boundary at this time
would require extensive restructuring of the plan and would require extending the plan deadline.
However, this is not a practical solution.
The option available to the present MPO boundary structure is to develop a formal agreement between
the state, the MPO and all other affected agencies to describe the process by which all transportation
projects inside or outside the MPO planning area boundary, within the AQMA / PM10 non-attainment
boundary will be analyzed on a regional basis for transportation air emission factors. The requirement
to analyze projects of"regional significance"is an acceptable compromise and would benefit the overall
regional analysis process.
Recommendations:
The Rogue Valley Council of Governments staff will be recommending to the MPO Technical Advisory
Committee and to the MPO Board of Directors that a decision to expand the MPO planning area
boundary be deferred until after the completion of the transportation plan. Once the Plan is completed
in December 1995, the MPO and affected agencies would review the needs and benefits of an
expanded MPO planning area which would include the entire AQMA. Staff, upon consensus of the
MPO Board, will develop a draft agreement for the state, MPO, and all affected agencies to include a
provision for analyzing transportation projects of regional significance within the AQMA / PM10 non-
attainment boundary.
It is recommended that RVCOG board members discuss this with their their city councils. RVCOG staff
will be available to assist with technical presentations or to provide additional information.
ROGUE VALLEY COUNCIL OF GOVERNMENTS February 7, 1994
Transportation Department page 2
tE
MEDFORD - ASHLAND
El AIR QUAILTY MAINTENANCE AREA (AQMA) IJo
:.••.j'�-vim_ `
- - - METROPOLITAN Yi3P(57' r 2e
IC
2w
Trt ?
lefir• y',/R ~' _ / �- ' '� � `'\ ' ` ,` -
4w 2w "21V tw t£ • 2£ 2£ 4£ -
•tltm of 01 //tOP1!/1
ROGUE VALLEY 155 S. Second street
Council of Governments P.O. Box
Central Point,
OR 97502
T7YD spoi ation Depw'1m nt (503) 6646674, 779-6785
4745947, FAX 6647927
RVCOG Background
Related to Transportation and Growth Management Grants
■ RVCOG Mission Statement
"We shall act as a catalyst to promote quality of life, effective and efficient services, and
leadership in regional communication, cooperation, planning, and action in Southern Oregon"
Goal C: Facilitate Region-Wide Transportation Planning:
Objective 1: Participate in efforts to plan and coordinate the provision of transportation
facilities and services within Jackson and Josephine Counties."
Objective 2: Provide a neutral forum to allow local officials to make informed decisions and
set priorities on areawide transportation matters" including activities to;
Continue to improve the sophistication of planning analyses and the value of
transportation planning products.
Facilitate and participate in region wide (urban area, Bear Creek Valley,
Jackson County, Josephine County, and two county area) transportation
planning activities when opportunities exist
■ Rogue Valley Metropolitan Planning Organization
The Rogue Valley Council of Governments (RVCOG) was designated by the Governor of Oregon
as the Metropolitan Planning Organization for the Greater Medford Urbanized Area. This
designation was approved by the participating agencies in June of 1982. As a result, RVCOG
Is responsible for coordinating multi-jurisdictional transportation planning functions within the
urbanized area.
TRANSPORTATION AND GROWTH MANAGEMENT
GRANT PROGRAM
Jointly Sponsored by ODOT and DLCD
Grant Categories (Region 3 Funding Levels)
1 . Transportation Planning Rule $469,100
Rogue Valley MPO (Allocated) $ 75,000
Eugene MPO (Allocated) $ 112,600
Non-MPO (Competitive) $281 ,500
2. Land Use Alternatives $349,700
Rogue Valley MPO (Allocated) $ 141 ,500
Eugene MPO (Allocated) . $208,200
3. Urban Growth Management $233,600
(Competitive)
Local Match Requirement 15% of Total
Early Notification January 21 , 1994
Application Deadline February 18, 1994
ti
TRANSPORTATION PLANNING RULE PROJECTS
Jackson/Josephine Regional Trans. System Planning
Products
■ Regional Transportation System Plan
■ Revised transportation plans and land development
ordinances for participating non-MPO communities
■ MPO Local Transportation System Plan
Advantages
■ Evaluation and scheduling framework for
transportation projects (STIP)
■ Enhanced communication network for regional
transportation issues
■ Analysis and evaluation of the regional
transportation system
■ Planning support to small communities
■ Regional consistency
■ Implementation of the Jackson/Josephine Regional
Transportation System Plan
■ Implementation of the Rogue Valley Regional
Transportation Plan
REGIONAL ANALYSIS TOOLS
MPO GOAL 2 ...build on the character of the community,
...and enhance the quality of life.
• Support to jurisdictions for initial database
development.
• Information dissemination across jurisdictional
boundaries.
ISTEA Management Systems
Congestion management
Intermodal management
Pavement management
Roadway network model
Demographic and Socioeconomic data
• Regional information systems consortium
Data exchange standards and policies
Training and knowledge exchange
Building a technical support pool
V y
URBAN GROWTH TOOLS
■ Projects that meet immediate needs at a community
scale.
■ Provide an information system framework to enable
in-depth evaluation and consideration of the
projects/tools by other communities.
DLDC Urban Growth Tool Project
Transport ation-efficient land use Southeast Medford Plan
Redevelopment/Infill strategies Historic Districts
- Jacksonville/Ashland
Focused Public Invest. Plans Redwoods District
Public Facilities Requirements - Josephine County
Specific Development Plan Ashland Street Corridor
- Ashland
Aemorandum
1. February 15, 1994
Z ia• Brian Almquist, City Administrator
W
ram: Steven Hall, Public Works Director
p *Ct- Snow/Report -- January 1994
ACTION REQUESTED
None, Information Item.
SNOW REPORT
This is the first report on the US Forest Service snow survey for 1994.
Yes, it is that time of the year and I am back at it again! With all of the
coverage by the news media, I thought you would like to have our "local"
situation
WATER CONTENT OF SNOW
AVERAGE OF THREE USFS STATIONS
MOUNT ASHLAND
---------------------------------------------------
Month 1972-1994 1977* 1993 1994
Average Actual Actual Actual
---------------------------------------------------
January 17 . 2" 2 . 0" 32 . 0" 11. 2"
February
March
---------------------------------------------------
* Lowest year of record, 1972-1993 .
For the first report, we are looking "fair" as compared to previous years. In
the table, we are about one-third of 1993, but are above above 1990 (7.0") ,
1991 (5. 511) and 1992 (9 .411) .
No prognostications as yet!
cc: Dennis Barnts, Water Quality Superintendent
Pam Barlow, Administrative Assistant
Daryl McVey, Water Plant Supervisor
Keith Woodley, Fire Chief
San -
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a�, ,y , w c ptlnled,�Pi►oWBmP,�dandregpio- $oya�ttownSanta atidmoat
tg pruy.na� edto"carrythelepermi swhileask Calilornla' tip du'rlag'the
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It city offielalei.have theli : _ �ttons ermifa would two decades
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get s lleense before the set for ��„tO�.. ,,,, w� ew eho ' etW has �fo�
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A propose ordnnancee also ` f If the conceptlsapptovnod,8an entss o„�the'Xtom ;ess,s ae
t�V- to Cruz.aould be"ttie first Cellf3" fo diners d�e�o ers,an sir
ould require panhandlers to tell n peradte p�ahaneetings" °-
t11e truth atio t� lief th r want n>a cl `to fesue to m on the street have of el: -
k , idleraiSimllattiawehavebeen`
tiTe money'for,� ds —
a!T N teeP ;zadoPt " Pli1e, '�n�d� W said
distance'ae$ y and take dr . Ci
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I JohaY ne ffic�fals hope to,etrlke a bala�ncceee
fiPeoplB,who actively beg wltldn', The dshot�affect a cede 4a:ccessfat x
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a9
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s•theci c �m'�'af is d 1r g ande`fe•
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c es ro biy
spbffiotedoi . t8ror Vie' Be
homeless opened recently;serviligi�r� L��#zn7 (
as the carrot:The aew;ordinan�s ; eCie�}>nf }ed$2 it
it approved, would.serve as,Zhe er the proposed ordinances >
stick Y .° tits 22 meeting
rt _ ltie citq"also has agced to
r' number of dullish°hosts"to. v-
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aL-
downtown,assiat VlSitoniand t� p -fpl�
sas�eyea"and�earR' farl"fofl`ce.
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s', ;carfew o it on" e �: e
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or dt�en, 18 er�t�7i-ry "_ C X`: l A IYA�4ta0�a;�..DN>
GREAT � NG
4 " ti
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rr
4t
I .
BETWEEN GOVERNMENT AND THE PEOPLE
by Frank Benest and Sheri Erlewine
ocal government is in across the state.The results were thorough- politicians are driven by their own private
big trouble. Our prob- Iv depressing.Citizens do not know what city self-Bening agendas.
lens o far beyond government does,how it is funded,or how Government officials—both elected and
g y cities relate to state and county governments. appointed—are also distressed. Local gov-
.mega-budget deficits. People In fact,focus group participants even thought ernmeni is 'grim'business.Self-merest blocs
do not trust us. The evidence city government had some responsibility for tight cacti other at every public hearing.with
is overwhelming: tax limita- public education-1 no desire to compromise.Moreover,there is
t10nS, term limits, campaign An earlier studv was conducted by The little cisiinv left as groups insult each other
Harwood Group for the Kettering Poun- and ail group,insult the policy-makers. It is
spending reforms, ethics guide- dation.The report.-Citizens and Politics' no wnridenhat communities are having diffi-
lines, and voter apathy. was based on data from ten focus groups con- cuk% attracting and retaining talented people
Two recent research studies underscore ducted in 1991-92 in large cities throughout w<ene my public Good.
the predicament of local government. Tn the United States.The participants stated in ttltiu ut public,ontidence.we in local gov-
develop effective strategies to light slate bud- emphatic terms that they are disillusioned address the contradiction of _
get cuts for city government, the League of with"politics"and govemment.They do not the pubii:'>incn asing demands and espcc.
California Cities conducted in I'M"93 thee,- understand the bureaucratic jargon of gov-
. .�: iPo.r '.�a:;erti lltrnt Fil A Pnnutiv`
Locus groups of residents m difG•rem lurdr, ernment-. they keel little connection to the . ..��
issues addressed by government: govern-
-a
Fronk Benest is the Cilv Manag,r rn h,. . i tent decisions are arnlrolktl be PAC. ':Ix-
Sheri Erlrurne is the 6min.nnta'. •m ci:d interests.".cod lubbti>t. Covemnicnt off]-
,t Uinrrnr ni the League,ti Culinnn:e (it:,> (ills do not listen to the ctunmun ix:rsun:and -
r
tations on government yet its unwillingness edge their opinions and fears.This kind of why not pay for assistance in helping city gov-
to pay for services.This is certainly a fiscal "positive regard"for other people and their ernment engage in dialogue with the com-
problem. However,our fiscal problems are values help us craft messages to target audi- munity about the key issues of the day? Or,
fundamentally political problems. ences which"strike a note." as Davis City Manager John Meyer notes.
To deal with people's distrust of politics The Harwood Study suggests the need to "We can't afford not to tell our citizens what
and government, some people suggest enhance communication in other ways.First we are doing.",
imposing term limits at all levels of govern- and foremost, we in government must ENGAGING THE PUBLIC
ment and tightening conflict of interest regu- remove jargon—"professional speak"— f the Harwood Study data are correct,
lations and campaign disclosure laws.This is from all our communications.Second,since there is a real hunger for democracy.
a reactive approach and it reinforces people's the public feels little connection with the The question is: How do we transform
negative perceptions. We need a proactive. affairs of government,we need to inform peo- the politics of"business as usual?"
three-pronged approach: ple of the real substance of issues.In under- Over time,local government has become a
1.Educate the public about local standable terms,we need to communicate mere service provider — what Robert
government. with different kinds of people on how a par- Hawkins,Chair of the U.S.Advisory Com-
2. Engage citizens in solving problems titular issue (e.g..affordable housing, rede- mission in Intergovernmental Relations,has
with their local government. velopment) affects them,their families,or wed a"service faucet"which can be turned
3. Re-create a sense of community and their communities.6 on or off depending on our revenue.8 Some
common good. local governments have wandered from our
EDUCATING THE PUBLIC true mission of ensuring a good quality of life
It is very difficult to educate the public and helping the community resolve problems.
about local government because the Problem-solving with people is part of our gov-
state's intergovernmental structure is ♦ e >� a '� ernance role which goes far beyond service
barely intelligible — even to insiders. delivery responsibilities.As part of this gov-
Consequently,to better educate the public entrance role,we need to stimulate public dis-
about our complex system of government, "How Can people act In the course and forge collective action. In the
each city needs a structured communications interest of the whole, process,we can recreate that intimate con-
program,including a mix of communication If It Isn't well-defined, beautiful nection between local government and the key
tools: "This Is Your City Government" and ennobling? concerns of people—safety,security,family,
brochures,community newsletter articles, environment,and even fulfillment and joy.
local cable television shows,and a speakers -Michael Doyle Unfortunately,local government has come
bureau to showcase the roles and responsi- - e to rely on Council and Board meetings and
bilities of local government and describe how formal public hearings as principal ways of
government services are financed. To Finally,city governments need to enhance listening to the public and involving them in
counter the lack of awareness about local the way we deal with people on a daily basis. solving problems.Yet, public hearings are
government, cities can use a number of Residents have one or two contacts with City not conducive to engaging people.First,thev
videos recently developed by the League Hall per year.These contacts positively or are too formal and structured. Second.
(e.g.,"The City:What Good Is 1013.Cities negatively"color"their perceptions of city as suggested by E. J. Dionne in Why
can also begin teaching children as part of government By developing customer service Americans Hate Pofitics,9 it is in these types of
their school curriculum about the importance programs, many cities (e.g., Escondido, formal situations that ideologues and parti-
of local governmenL4 This communications Lakewood,Heiner,Brea,Riverside,Fairfield) sans take over the public dialogue and
effort must be consistent and on-going. If are trying to treat people as"customers-own- squeeze out everyone else.Third,and most
local government waits until a state budget ers"instead of mere service recipients. In important,people do not want just to provide
battle—or any other crisis—to begin com- such cities,the efforts of employees go well Continued
municating,it is too late. beyond treating customers more politely.
More important than the particular com- Rather,employees are transforming their 3.Three new videos are available
t. ity. se from League.
PO Paro describing my government,city services,and the
munication tools used,a structured com mu- roles from processing service requests and funding of city programs.Contact the League of
nications program must be based on lis- regulating activities to those of solving the California Cities. 1400 K Street,Sacramento.CA
tening to and interacting.with residents. problems of customers.These city govern- 95814,(916)444-5790.
businesspeople and other stakeholders. ments understand that exemplary"customer 4.For information about teaching children about local
care"is the key to creating political and finan- government.see Investing In Our Future:A Handbook
"Listening sessions"may include neighbor- y g For Teaching Local Government.International City/
hood meetings. For example,the Brea City cial supporL7 County Management Association.1990.
Council has substituted a rather formal,big- Good communication does not happen by For teacher training and curriculum development
production Town Hall Mee with informal itself.To provide a structured communica- materials.see the article on page 10 of this issue of
p �B
"You Tell Us"meetings scheduled at each of lions program,city government needs to IVestern City,or contact the Institute for Local Self Government. 1400 K Street.Sacramento.CA
95814.
the elementary schools. In Lafayette, the have access to public information profes- (916)447-1106.
Mayor holds informal"office hours"at coffee sionals.The role of communications staff or 5.This concept was developed by Erich Fromm.
shops throughout the community. consultants is to advise the Council and all 6.Harwood.-Citizens and Politics:A View From Main
departments. coordinate communication Sweet America.-and interacting with people— p r. For further information on developing customer
especially in informal settings—help gov- campaigns,and design communication tools. service pmgmms in local govemment.see Citizen as
ernment representatives develop"positive Communications and marketing costs Customer, International City/County Managemem
regard."5 Even if city officials do not agree money but so do less important activities.As association.Washington D.C..January.1989.
with the desires and concerns of citizens, Pasadena's Mayor Rick Cole has stated, if S. Robert Hawkins -Diversity :cod Munic'4sd
Opeone,,."Vatinn s Cities WrekN.April 1,EY9I.
Erich Fromm, social philosopher and ps7. cities routinely Pay$2(140W for a study to E.J. N...o,•.Jc.. n'k,nmerirtna flat, P,din%,
ehoanalysL suggests that we mist acknowl- project future traffic counts at intersections.
Re-Creating The Intimate Connection,Continued
"input."As the Harwood Study states, the "public participation plan"for any significant residents together in"living room dialogues"
`public wants in.lo"Local government must proposal. to resolve a cbnflict over the use of Korean-
move from monologue to dialogue,ll and in •Brea developed an inclusionary neigh- only business signs.
the process listen and learn.as well as talk borhood task force to involve new immigrant -San Diego involved neighborhood fami-
and teach. Latino arrivals as well as established Anglo lies and school children in a participatory
If cities creatively engage the public,we residents to discuss the problems of over- design process for a new community center.
can challenge people"to be actors,not mere- crowded housing,day workers on street cor- -Culver City used a community design
ly critics.12"Every day there are new exam- ners.Utter,and drinking on front lawns. workshop or"charette"so that residents and
ples of city government's engaging the public -with the help of the Orange County businesspeople could create a vision for a
in the public's business: Human Relations Commission, Garden revitalized downtown.
-Santa Clarita requires staff to develop a Grove brought Korean merchants and Anglo To effectively engage the public in collab-
orative problem-solving,local government
*� should consider the following:
- Be Inclusionary. Local government
must involve people of different colors,cul-
' cures,class,education,and generations in
PEOPLE these"Public conversations"and problem-
, j' '.� solving sessions. For example, Orange
County has a voting population which is
largely older and Anglo.Yet, most of the
HERE ( I high-need service populations are younger
r and non-wFtite.In fact,50 percent of the K-12
l school population in Orange County is com-
posed l ethnic yet We need to
honor pluralism yet bring people together,
r II identify common bonds,and collaboratively
solve Problems.
y
Model Positive Behavior.The most pow-
FOR US
O -�� 10;` extol way people learn is through role model-
� I
Bi
Itiia& mg.Local government leaders need to"take
++ fi the high road"and model positive attitudes
I` and behaviors,especially when dealing with
When municipal controversial'or divisive issues (e.g.,racial
officials elect a deferred __— conflict overcrowded housing,homelessness.
- day orkers,hillside development).
compensation admlms- "�'"
Y P
trator, the vote always - _ Help People Envision All that Po-
Y sible. Local governments must involve peo-
goes to the one who _ ple not in mundane technical planning but in
offers the most for munic- articulating their values, aspirations, and
al employees. dreams.People need to envision all that we
P em. P Y can be as a community.As urban planner
PEBSCO is the Michael Doyle has asked,"How can people
act in the interest of the whole,if it isn't well-
undisputed industry defined,beautifiil.and ennobling?"13
leader with more than Adopt New Roles. Local government
4,000 client jurisdictions staff must resist traditional service provider
across the country. As the exclusive plan administrator for the United roles and take on new catalyst,facilitator,and
consensus-builder responsibilities. For
States Conference of Mayors, PEBSCO administers in excess of S 1 billion in instance,San Diego now utilizes its police
program assets for over 110,000 public employees and 1.C'00 participating officers as"community mobilizers"to help
jurisdictions. neighborhoods address local problems.
Our story is told in a new booklet called. "Hou To Srl c; The BEST Dt:iil't'id 10. Harwood.-Citizens and Politics:A View From
Compensation Program." It's yours free xghen you call (9 1 61 972-9240 in Main Street America.
IL Regis McKenna-Marketing is Everything.Hanard
northern California or(310) 798–+063 1n southern Ca l i to rit la. Barinm Revity.January-February 1991.P.74.
It'll tell you exactly how, and why. we ye become the lavOrtle Sal wsfq 12.A quote from Theodore Roosevelt.cited in Henn'
X'k;" Cisneros. 'Revitalizing Citizen Activism and
elected represcmalive of municipal 00%cinment. y Participatory Democracy,"National Civic ReviewWinter 1991.P.10.
' I.'..A mmlr nom \ii'h •1 Dole :u cited by lmm,l
Proving, Once a"Iam. that when •,O crnn; nl 111flclals tot. laemano'm.1 u,�scnlat ion w the Western Heginai
their voles lot' ptoo twill ;ieI1111I1K1I'.111t91. :`•r ....� I`� .1 ;1111x.:,ii. ```w -6,nier wo ,i du. Im-niaional Unwnt !
fi :1w alaonl.San lianriv',,.V.-bntan'. I!C91.
in
♦ a " 0 a
r
Create "Human Scale" Partnerships. experiences with others.16 Second,commu- continuity. Fourth,in community, there are
Living room dialogues,design charettes, nity life creates mutually supportive relation- differences among people, (e.g.. race,age,
vision-building workshops, and neighbor- ships.Third,there is a sense of history and income,education)yet there are bonds that
hood task forces promote problem-solving Continued
and decision-making on"a scale that human
beings can understand and cope Approach.
11 Affordable ADA Compliance
Routinize The CoOaboraave Approach.
Instead of waiting for a conflict to occur
before involving the combatants. local gov-
emment must make public participation and Under the Americans with Disabilities Act you are
collaborative problem-solving a routine way mandated to make assistive listening devices
of doing business.Is ai-dlable to the public.
RE-CREATING COMMUNITY
Ithouta sense of community and Comply with fiscal ease
the common good local govem- The SuperliarT hand-held amplifier is battery
ment cannot govem. If our pri- operated,and delivers over SOdB of sound am-
mary role is providing services to consumers, plification in stereo. Precision engineered in the
we must recognize that consumers only care U.S.A., and simple to use—it is the perfect an-
about what they consume, not about what saver for compliance without pain. COST PER
other consumers need or want.In just relat- i • I I • I I SET e IS UNDER$ce with
- ing to different service constituencies,local
government is faced with no notion of what •Amplifier,stereo headphones,pocket OFFER:ORDER ONE TO TEST,
the total community needs. dip,battery and case included
In many of our communities, selfishness e I Year Warrann, ONLY$50.00 PREPAID TO YOU!
and"NIMBYism"reign supreme. Neigh-
borhood residents fight the city recreation CALL,FAX OR WRITE FOR INFORMATION:
department's pmposal to build a restroom at Sonic Technology Products, Inc. a 120 Richardson Street a Grass Valley,CA 95945
a neighborhood.park because the restroom (916) 272-4607 • FAX(916) 272-4257
may attract"outsiders". People on a block
protest approval of a family childcare homer„'. -
because it may increase traffic on the street > (� I�/I
And every special interest group (youth �.v :�M -�U -
sports groups,seniors,arts groups,drinkers, ;`tom '_.:$HECALIFDRNIAINU.NICIPALUTILfnESASSOCIATION
drivers,small business people, large rata l- ;_< . PROVIDES A.STRONG VOICE IN SACRAMENTO
ers)resist any budget compromises because they may have to sacrifice. We want other -,'.1 -OWNED;WATER,.ELECTRIC AND GAS SYSTEMS.-
people to pay for our services;however,ser-
vices benefitting others should be paid by the ' -.CMUA's full-time stafI represents the.interests of California's
users—not us.Selfishness is reinforced in -_ .consumer-ownex Utilities before!egtll-atory-;agencles_and .
post-Proposition 13 California, where local the Legislature.These lobbying efforts,.along with a strong
governments have been forced to rely on public information program,ensure the protection and
user charges,development fees.Mello-Roos advancement of consumer-owned utilities. - -
assessments,and other special fees.There is !Working oommittms develop.policies
4MZXUAmeets the Specific -
simply no notion that we are all in .On WelH Quality,energy menaggemenL
this togeth- y�leeds of tonwmer - r - eommerctal adlvitles,leglalatlon end
er.In this age of radical individualism,pob'ti- sgwnedynllttes - -public attains. _-
clans are despised asselfish,greedy,and vpryouserve the If - .e Memtferearelnformedbyamonthly
uncommitted to the common good.In fact, j.publle.througha ., -newsletter,leftlalaUve reports and
,_ resumer 'Ins.
people see in politicians and"politics”the +tgwned uunfi, o'rho annual conference brings together
worst they see in themselves. '¢ou belong and llry managers,goveming board
If we need community to counteract self- sin CMUA I cram rs,andlnnuantlal-Speakers to
address mutualeoncema
shness,what is this sense of community?
First,community is more than the sum of1�
individuals or households. In community, ...:i=�' - o•-.,
individual lives are fulfilled through shared
14.Frank Bryan and John McClaughry,The Vermont �� c �1 •�'
Papers.'Retreating Democracy On A Human Scale.
Chelsea Green,1989,p.197, l
15. For a full discussion on'hum"scale'partner-
ships and making public participation a routine funs California Municipal
(ion of local government, see James Borsig. Utilities Association
'Neighborhood Service Deliverv,-MIS Report,Vol. 1225 8th Street•Suite 440
25.No.4.ICMA.bril 1993. ' 1 Sacramento,California 95814
16. Henry Lennard,-The Essence of the City.- I (916)441-1733
Making Cities Limble:9raslnt,�. ?tan-h;December FAX(916)441-4053
1991.pp.el lo. 7
wliSli`lt? ('i'Il'. (h"f��ItPle 15143
Re-Gearing 71+e Intimate Connection.Continued r
lie people together, including their mutual to disagree on how best to achieve the goals The common bonds and sense of belong-
commitment to the common good. Finally, of the total group,not on what is in the best ing and caring,that typify community have bro-
where there is community.people may tend interests of the community. ken down. No one seems to be taking re-
sponsibility for the neighborhood children,or.
the elderly.or other families.People want gov-
emment to take responsibility for other peo-
ple
"I know how my as werviderroleandover helmingov-
service provider role and overwhelming gov-
ernment.When government cannot replace
banks are doing.
community,o people look elsewhere.f gangs,While we
' do not condone the criminal acts o(gangs,the
DO YOU. " phenomenon l gangs suggests the deeo-seat-
7 ed need for belonging and meaning.
- In the face of meager community life,we
sense that Americans now hunger for ways to
A. DeLong, transcend our selfishness.We want to belong
City Treasurer, Redondo Beach, CA to something-larger than ourselves which can
provide meaning to our lives.Government has
a big stake in recreating community because
For reliable bank ratings, quality bank data, and knowledgeable, it cannot do—and it cannot afford—every-
thing for everybody.Moreover,government
helpful support. call Sheshunoff Information Services Inc. and cannot govern when community exists as only
ask for Earl. He's a former city treasurer, and he's ready to help a collection of special interest groups.
you make sure tour public funds Sheshunoff Consequently,to re-create community,local
government must promote physical design
are being held in safe banks. Just action initiatives:
call I-£i()()95i-o56-. �ill qry�� � 1. Enhance The Urban EnvironmenL
Since the physical-environment helps shape
the social environment:local government
needs to better design our cities and suburbs
to create a sense of place and connectedness
INNOVATIVE COLLEMON among people.We need to help develop
com-pact,mixed-use urban villages to minimize
OFI�ES suburban sprawl and commuting,both of
which defeat community-building efforts.We
DELINQUENT ASSESSMENTS need to design walkable neighborhoods and
create vital public spaces (e.g., downtown
AND SPECIAL TAXES ply pavilions,squares,village greens,open
marketplaces)to promote street-and cafe-life,
people-watching,and"schmoozing."These
,y phvsical design efforts will help overcome our
radical isolation from each other.
i�ENSURING COVENANT 2. Focus On History And Heritage.To
,+ - know who we are and envision who we can
become,we need a sense of history and her-
C OMPLIANCE. itage.Through the historical preservation of
Z. buildings and the promotion of historical
pageants,community history projects and
•�Vo COST`TO THE AGENCY. heritage festivals, local government with
1`t . other groups can create a sense of continu-
ity,a key element in community life.
3. Promote Self-Help. People need to
•. DELIN CIENCY MONITORING solve problems with their neighbors. Acting
Q as a catalyst,facilitator,consensus-builder.
and/or funding agent,local government can
*�,,{{
a. v: r s�P i"•+:':4% D'1Y ANAGEMENT help community groups take back a park from
AN
"Stti�IiF1tANCLSCQ ::; gangs or drug pushers;create a farmers mar-
,.: y.,.
keC operate a streetcomer recreation program:
Please Call See coo at the or organize a neighborhood clean-up call,
paign.Community life thnves on self-help.
1-800-755-MUM League of California Citjes I:A osition and Conference
t, P Moreover. through self-help, communin
bloscone Convention Center groups develop confidence in thenls.—1 rs and
S:m Francisco.OC1011 r. I0-20 in their lord govemnu nt p;utnors.
F .
f
4.Expand Volunteer Opportunities.By to customers;building relationships;educat- does not do) and without meaningful oppor-
promoting volunteer opportunities within ing people and engaging them in governance: [unities to engage citizens,local government
local government or in non-profit organiza- and responding in both mundane and cre- cannot govern. Because there is no conff-
tions,local government can help develop a alive ways to their day-today concerns and dence and trust,we are faced with govem-
sense of caring and contribution to communi- their dreams and aspirations. men[gridlock and a lack of political and thus .
ty.Volunteerism supports the"giving/getting" In a tough economy,smart managers in financial support The lack of confidence in
compact inherent in real community life:if you the private sector increase their marketing local government is not a short-to medium-
contribute,you receive.As baby-boomers ap- budgets.However,in local government pub- term"budget battle"problem;rather,it is a
proach mid-life and mid-life crisis,they are lic information and marketing are the first long-term viability and survival issue.
searching for more meaning in life and often functions to be cut Without citizen aware-
find it in volunteering.18 As people volunteer ness of what local government does (and
with government-related programs,they de-
velop rapport with their local government and
tend to increase their trust level.
5.Create Partnerships With Churches.
In seeking spiritual renewal and meaning in
their daily lives,growing numbers of young
families are flocking back to churches and
synagogues.19 Loral government can devel-
op cooperative ventures with churches,such i
as hotlines,food banks,homeless shelters,
child care,after-school recreation,and elder
care programs.These partnerships promote ?>
1
self-help approaches,volunteering,and a a,
sense of caring and belonging-In addition to
helping build community,these cooperative
efforts generate rapport and trust in the local
government partner. I f--
6. Celebrate, Celebrate, Celebrate.
Local government can conduct activities and
events which celebrate and reinforce com-
munity. Farmers markets,street dances,
block parties,country fairs,and community _ N
parades can provide opportunities for posi-
tive interaction among different age.income,and ethnic groups. Even more significant, .a _
these"public rites"can affirm and celebrate
our shared humanity. From Water & Wastewater To Public Works...
A CoMmuNlcATioN You Can Rely On OMI
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and inclusionary and "transformational" maintenance, meter reading and billing, parks maintenance,
processes.Specific strategies range from the sanitation, and more. OMI's highly trained professionals help
relatively easy efforts to better inform the
public about local government to the com- your city run more efficiently...within your existing budget.
plex tasks of reinventing democracy and OMI retains and retrains existing personnel using the latest
building community. technology, equipment, and quality improvement processes.
In these tumultuous times,local govern-
ment must invest time, energy, expertise, This innovative approach allows your community to immediately
and money in communications and market- benefit from greater operating efficiencies, cost savings, and
ing if we are to create political and thus finan- fewer management headaches.
cial support Marketing is key to achieving
corporate — and government — goals. To enhance your community'=_ quality of life and provide
Marketing is not simply advertising or pro- your citizens with value-added se-vices. rely on OMI. Call or
motions.Rather,marketing must be broadly write today for more information.
defined to include seeking out and listening
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19.-Time To Seek"Newsweek.April 17.19EI).pp. Visit us in Booth No.804 at the League of California Cities Annual Conference
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