HomeMy WebLinkAbout2022-07-19 Council MeetingASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, July 19, 2022
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
The Special Business Meeting will be held in Council Chambers, 1175 E. Main Street.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimony(a)ashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/st)eakerrecquest and return
to the City Recorder.
5:30 PM Executive Session
The Ashland City Couricil will hold an Executive Session and may conduct the following:
1. Deliberations with persons designated by the governing body to carry on labor negotiations,
pursuant to ORS 192.660(2)(d).
2. City Manager Review, pursuant to ORS 192.660(2)(i).
6:00 PM Regular Business Meeting*
L CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
Land Acknowledgement**
V. APPROVAL OF MINUTES
Minutes of Boards, Commissions and Committees***
VI. SPECIAL PRESENTATIONS & AWARDS
1. Climate Change Policy Commission — Home Energy Score Program
VII. PUBLIC FORUM
VIII. CITY MANAGER REPORT
IX. CONSENT AGENDA
X. PUBLIC HEARINGS
XI. UNFINISHED BUSINESS
1. November 8, 2022 Election Referendums and Initiatives
• Food and Beverage Tax Ballot
• Measure 109 Psilocybin Two Year Moratorium Ordinance
XII. NEW AND MISCELLANEOUS BUSINESS
1. Coordinated Water Rights Management and Water Sharing Plan
Intergovernmental Agreement
XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading of Ordinance No. 3210 Relating to Notice of Meetings
2. Dry Creek Landfill Biosolids Disposal - Sole Source Procurement
3. Contract Amendment for the Japanese Garden
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XV. ADJOURNMENT OF BUSINESS MEETING
*Items on the Agenda not considered due to time constraints are automatically continued to the
next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)]
**LAND ACKNOWLEDGEMENT
We acknowledge and honor the aboriginal people on whose ancestral homelands we work —
the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native
communities who make their home here today. We honor the first stewards in the Rogue Valley
and the lands we love and depend on: Tribes with ancestral lands in and surrounding the
geography of the Ashland Watershed include the original past, present and future indigenous
inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge
the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City
Plaza.
***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found
at the City's website, httns://www.ashiand.or.us/Aeendas.ast) . Use the View By box to select
the Board or Commission information you are seeking.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager's office at (541) 488-6002 (TTY
phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City
to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title I).
ASHLAND CITY COUNCIL
DRAFT MINUTES BUSINESS MEETING
Tuesday, July 5, 2022
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
rvtv.sou.edu select RVTV Prime.
HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
The Special Business Meeting will be held in Council Chambers, 1175 E. Main Street.
Written and oral testimony will be accepted for public input. For written testimony, email
public-testimony(adashland.or.us using the subject line: Ashland City Council Public Testimony.
For oral testimony, fill out a Speaker Request Form at ashland.or.us/saeakerrecluest and return
to the City Recorder.
6:00 PM Regular Business Meeting*
CALL TO ORDER
Mayor Akins called the Council Business Meeting to order at 6:00 PM
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Councilors' Hyatt, Graham, Moran, Seffinger, DuQuenne and Jensen were present.
IV. MAYOR'S ANNOUNCEMENTS
Land Acknowledgement**
Moran read the land acknowledgement.
V. APPROVAL OF MINUTES
VI. Minutes of Boards, Commissions and Committees***
1. Study Session June 6, 2022
2. Study Session May 16, 2022
Hyatt/Jensen moved to approve the minutes. Discussion: None. Voice Vote: All Ayes.
Motion passed unanimously.
VII. SPECIAL PRESENTATIONS & AWARDS
VIII. PUBLIC FORUM
Mike Gardiner — Ashland — Spoke regarding the nature walks. He also gave an update on the
Japanese Garden.
Linda Peterson Adams — Ashland — read a statement into the record (see attached).
IX. CITY MANAGER REPORT
City Manager Joe Lessard presented the Manager Report.
Items discussed were:
• Look Ahead
• Election calendar
• Committees/Commissions process
Graham/Jensen moved to put a forensic audit discussion on the agenda. Discussion:
Graham explained the reason for this motion and what a Forensic Audit is. Roll Call Vote:
Graham, Hyatt, Jensen and Seffinger: YES. DuQuenne and Moran: NO. Motion passed
4-2.
DuQuenne questioned the status of the Community Center. Lessard spoke that he would bring
this back the status to Council.
X. CONSENT AGENDA
1. Letter of Support — Oregon Department of Transportation America the Beautiful
Challenge Grant Application
Voice Vote: DuQuenne, Moran, Seffinger, Hyatt, Jensen and Graham: YES. Motion
passed unanimously. .
XI. PUBLIC HEARINGS
XII. UNFINISHED BUSINESS
XII. NEW AND MISCELLANEOUS BUSINESS
1. Designation of Acting City Attorney
Council discussed the recruitment process.
Jensen/Graham I move to confirm the appointment of Doug McGeary as Interim City Attorney
and grant the City Manager the authority to negotiate and sign the Interim City Attorney's.
contract. Discussion: Jensen spoke in support of Mr. McGeary. Graham thanked Katrina Brown for her
work. Roll Call Vote: Graham, Hyatt, DuQuenne, Jensen, Seffinger and Moran: YES. Motion
passed unanimously.
2. November 8'b Election Referendums/Initiatives
Council discussed suspension of rules.
Lessard explained the ballot options.
Public Forum
Sue Wilson — Ashland — spoke regarding Ashland Parks and Recreation Commission.
Clarinda Merripen -Black Sheep Owner — Ashland — Spoke regarding the Food and Beverage
Tax. She encouraged Council and Staff to increase taxes in other ways. She spoke to the
importance of keeping restaurants open.
Council discussed the potential initiatives and referendums and the process.
Jensen/Seffinger moved to direct Staff to bring to the July 19' , 2022 clarity and
appropriate Resolution language to place a Food and Beverage duel referendum on the
November ballot that combines the Citizens initiative with the City Manager's referendum
into either/or choice for voters. Discussion: Seffinger spoke to the history of this issue and the
importance of hearing the voice of the Community. Jensen gave clarity that this is a motion to
get feedback and clarification. Graham spoke in support of more time and to give the citizens
options and spoke in support of the motion. Hyatt spoke in support of the motion. She spoke in
appreciation of Staff. Moran questioned the process. Lessard explained the process. Seffinger
called for the questions: Roll Call Vote: Moran, Hyatt, Graham and DuQuenne: NO.
Councilor Seffinger and Jensen: VES. Motion fails 2-4.
Discussion continued: Council discussed the schedule of the process.
Council discussed the potential options.
Roll Call Vote: Graham, Hyatt, Jensen and Seffinger: YES. DuQuenne and Moran: NO.
Motion passed 4-2. Council requested that the petitioner come to the next meeting to discuss the
petition.
XI1I. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Second Reading of Ordinance No.3211 Relating To Pedicab Operations and Alcoholic
Beverages; Adding New AMC 10.40.050
City Attorney Katrina Brown gave a brief Staff report.
Public Input:
Nate Olsen — Ashland — Thanked Council.
Moran/DuQuenne moved to approve Second Reading of Ordinance No.3211. Discussion:
None. Roll Call Vote: Hyatt, Graham, Moran, Seffinger, Jensen and DuQuenne. Motion
passed unanimously.
Council continued the discussion on November P Election Referendums/Initiatives
regarding supervision of Staff.
Lessard gave a Staff report.
DuQuenne/Hyatt moved to adopt Resolution No. 2022-21 referring an amendment to
Article VIII-A, Section 4, of the City Charter related to the responsibilities of the City
Manager, to the qualified voters of the City of Ashland for the November 8, 2022, General
Election. Discussion: DuQuenne spoke in support of the motion. Hyatt spoke regarding the
process of this and the importance of looking at the Municipality in its totality. She spoke
regarding insurance issues. She spoke that it is a fiduciary duty to mitigate the risk to tax payers.
Moran spoke to the importance of mitigating risk and fiscal stewardship. Jensen spoke regarding
the reasons our rates are going up according to CIS. Graham spoke in support of the motion.
Seffinger spoke to her concerns on how Parks budget would be allocated.
Lessard clarified how Parks Funds are allocated.
Roll Call Vote: Hyatt, Graham, Jensen, Moran and DuQuenne: YES. Seffinger: NO.
Motion passed 5-1.
2. First Reading of Ordinance No. 3210 Relating to Notice of Meetings; Amending
Municipal Code 2.04.020 Identification of Representatives of News Media Organizations
Lessard gave a brief Staff report.
Hyatt/Moran moved to approve First Reading of Ordinance No. 3210 and advance it to
Second Reading for enactment. Discussion: None. Roll Call Vote: Hyatt, Graham, Moran,
Seffinger, DuQuenne and Jensen: YES. Motion passed unanimously.
XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
Councilor Graham explained the reason for this item and explained her concerns of a social
media statement regarding a forensic audit by Mayor Akins. Mayor Akins spoke that she will
bring this item to a future agenda appropriately if need be.
XV. ADJOURNMENT OF BUSINESS MEETING
Moran/DuQuenne moved to adjourn the Business Meeting at 9:05 PM. Discussion: None.
All Ayes.
Respectfully Submitted by:
City Recorder Melissa Huhtala
Attest:
Mayor Akins
*Items on the Agenda not considered due to time constraints are automatically continued to the
next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)]
**LAND ACKNOWLEDGEMENT
We acknowledge and honor the aboriginal people on whose ancestral homelands we work —
the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native
communities who make their home here today. We honor the first stewards in the Rogue Valley
and the lands we love and depend on: Tribes with ancestral lands in and surrounding the
geography of the Ashland Watershed include the original past, present and future indigenous
inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge
the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City
Plaza.
***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found
at the City's website, httos://www.ashland.or.us/Aeendas.asn . Use the View By box to select
the Board or Commission information you are seeking.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the City Manager's office at (541) 488-6002 (TTY
phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City
to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104
ADA Title I).
FISCAL IMPACTS
The recommended action has not immediate fiscal impact on the City of Ashland. If the City Council refers
the two-year moratorium for voter approval, it will allow the community to provide input to the City Council
on potential land use regulations for the locating and operation of psilocybin manufacturing, sale, and
service -related operations.
POLICIES. PLANS & GOALS SUPPORTED
BACKGROUND AND ADDITIONAL INFORMATION
REFERENCES & ATTACHMENTS
League of Oregon Cities Model Psilocybin Ordinance & Ballot Measure, June 2022
Page 2 of 2
C I T Y O F
-ASHLAND
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Model
bin
Ordinance &
Ballot Measure
DUNE 2022
Section 2. Referral.
This ordinance is referred to the electors of the city of {city) for approval at the next statewide
general election on November 8, 2022.
Section 3. Effective Date.
This ordinance takes effect and becomes operative 30 days after the day on which it is
approved by a majority of voters.
First reading this day of
2022.
Second reading and passage by this Council this day of
Signed by the Mayor this day of , 2022.
ATTEST: SIGNED:
{NAME}, City Recorder
{NAME}, Mayor
WW"i
Model Psilocybin Ordinance and Ballot Measure 4
BALLOT TITLE
A caption which reasonably identifies the subject of the measure.
10-word limit under ORS 250.035(1)(a)
Prohibits psilocybin-related businesses within {city}. [Prohibition sunsets after two years.]
QUESTION
A question which plainly phrases the chief purpose of the measure so that an affirmative
response to the question corresponds to an affirmative vote on the measure.
20-word limit under ORS 250.035(1)(b)
Shall {city or county} prohibit {psilocybin-related businesses) in {city or county}?
SUMMARY
A concise and impartial statement summarizing the measure and its major effect.
175-word limit under ORS 250.035(1)(c)
State law allows operation manufacturer, distribution and possession of psilocybin and psilocin.
State law provides that a {city or county} council may adopt an ordinance to be referred to the
voters to prohibit the establishment of any of those registered or licensed activities.
Approval of this measure would prohibit the establishment of {psilocybin product
manufacturers} and/or {psilocybin service center operators} within the area (subject to the
jurisdiction of the city) or {in the unincorporated area subject to the jurisdiction of the county.}
EXPLANATORY STATEMENT
An impartial, simple and understandable statement explaining the measure and its effect for use
in the county voters' pamphlet.
500-word limit under ORS 251.345 and OAR 165-022-0040(3)
Approval of this measure would prohibit the establishment {and operation} of psilocybin-related
businesses within the (city or county).
A {city or county} council may adopt an ordinance prohibiting the establishment of psilocybin
related businesses within the {city or county}, but the council must refer the ordinance to the
voters at a statewide general election. The {CITY or COUNTY) OF {NAME} {city or county)
council has adopted an ordinance prohibiting the establishment of psilocybin-related businesses
within the {city or county} and, as a result, has referred this measure to the voters.
If approved, this measure would prohibit psilocybin-related businesses within the {city or
county}.
Model Psilocybin Ordinance and Ballot Measure 5
TWO-YEAR MORATORIAM
.............................................. 0 ■ ............................. ■ .
C•T:77 ,1�T1►["zrej
AN ORDINANCE DECLARING A TEMPORARY BAN ON PSILOCYBIN
SERVICE CENTERS AND THE MANUFACTURE OF PSILOCYBIN
PRODUCTS
WHEREAS, in November 2020, Oregon voters approved Ballot Measure 109, known as
the Oregon Psilocybin Service Act (codified at ORS 475A), which allows for the manufacture,
delivery and administration of psilocybin at licensed facilities; and
WHEREAS, ORS 475A.235 provides that the Oregon Health Authority will regulate the
manufacturing, transportation, delivery, sale and purchase of psilocybin products and the
provision of psilocybin services in the state; and
WHEREAS, the Oregon Health Authority has initiated a rulemaking process to
implement the state's psilocybin regulatory program and intends to begin accepting applications
for psilocybin-related licenses on January 2, 2023; and
WHEREAS, as of June {date}, 2022, the Oregon Health Authority has not completed the
rulemaking process for implementing the state's psilocybin regulatory program, and the City of
{city} is uncertain how the manufacture, delivery and administration of psilocybin at licensed
psilocybin facilities will operate within the city; and
WHEREAS, ORS 475A.718 provides that a city council may adopt an ordinance to be
referred to the electors of the city prohibiting the establishment of state licensed psilocybin
product manufacturers and/or psilocybin service centers in the area subject to the jurisdiction of
the city; and
WHEREAS, the {city} City Council believes that prohibiting psilocybin product
manufacturers and psilocybin service centers within the city's jurisdictional boundaries to enable
the adoption of the state's psilocybin licensing and regulatory program and to allow the city to
adopt reasonable time, place, and manner regulations on the operation of psilocybin facilities is
in the best interest of the health, safety and welfare of the people of {city}; and
WHEREAS, the City Council seeks to refer to the voters of {city} the question of whether
to establish a two-year temporary ban on state -licensed psilocybin product manufacturers and
psilocybin service centers within the city's jurisdictional boundaries.
Now, therefore,
THE CITY OF {CITY} ORDAINS AS FOLLOWS:
Section 1. Prohibition.
Model Psilocybin Ordinance and Ballot Measure
The establishment of psilocybin product manufacturers licensed under ORS 275A.290 and
psilocybin service centers licensed under ORS 475A.305 is prohibited in the city of {city}.
Section 2. Referral.
This ordinance is referred to the electors of the city of {city} for approval at the next statewide
general election on November 8, 2022.
Section 3. Effective Date.
This ordinance takes effect and becomes operative 30 days after the day on which it is
approved by a majority of voters.
Section 4. Sunset.
This ordinance is repealed on December 31, 2024.
First reading this day of , 2022.
Second reading and passage by this Council this day of , 2022.
Signed by the Mayor this day of 2022.
ATTEST:
SIGNED:
{NAME}, City Recorder {NAME}, Mayor
Model Psilocybin Ordinance and Ballot Measure 7
BALLOT TITLE
A caption which reasonably identifies the subject of the measure.
10-word limit under ORS 250.035(1)(a)
Prohibits psilocybin-related businesses within {city}. [Prohibition sunsets after two years.]
QUESTION
A question which plainly phrases the chief purpose of the measure so that an affirmative
response to the question corresponds to an affirmative vote on the measure.
20-word limit under ORS 250.035(1)(b)
Shall {city or county} prohibit {psilocybin-related businesses} in {city or county}?
SUMMARY
A concise and impartial statement summarizing the measure and its major effect.
175-word limit under ORS 250.035(1)(c)
State law allows operation manufacturer, distribution and possession of psilocybin and psilocin.
State law provides that a {city or county} council may adopt an ordinance to be referred to the
voters to prohibit the establishment of any of those registered or licensed activities.
Approval of this measure would prohibit the establishment of {psilocybin project manufacturers}
and/or {psilocybin service center operators} within the area {subject to the jurisdiction of the
city} or {in the unincorporated area subject to the jurisdiction of the county.}
EXPLANATORY STATEMENT
An impartial, simple and understandable statement explaining the measure and its effect for use
in the county voters' pamphlet.
500-word limit under ORS 251.345 and OAR 165-022-0040(3)
Approval of this measure would prohibit the establishment {and operation} of psilocybin-related
businesses within the {city or county}.
A {city or county} council may adopt an ordinance prohibiting the establishment of psilocybin
related businesses within the {city or county}, but the council must refer the ordinance to the
voters at a statewide general election. The {CITY or COUNTY} OF {NAME} {city or county}
council has adopted an ordinance prohibiting the establishment of psilocybin-related businesses
within the {city or county} and, as a result, has referred this measure to the voters.
If approved, this measure would prohibit psilocybin-related businesses within the {city or
county} until December 31, 2024.
Model Psilocybin Ordinance and Ballot Measure 8
Council Business Meeting
July 19, 2022
Agenda Item Coordinated Water Rights Management and Water Sharing Plan
Intergovernmental Agreement
From Scott Fleury PE Public Works Director
Contact Scott.fleuryCcDashland.or.us 541-552-2412
SUMMARY
Before the Council is an Intergovernmental Agreement (IGA) for a Coordinated Water Rights Management
and Water Sharing Plan between the Medford Water Commission (MWC) and the "Partner Cities" that
utilize MWC for treated water delivery.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
• Essential Service -Drinking Water System
• Emergency Preparedness
• Address Climate Change
CEAP Goals:
Natural Systems: Air, water, and ecosystem health, including opportunities to reduce emissions and prepare
for climate change through improved resource conservation and ecosystem management.
• Strategy NS-2: Manage and conserve community water resources
• Strategy NS-3: Conserve water use within City operations
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
The Council has not taken any formal action with respect to the Coordinated Water Rights Management and Water
Sharing Plan IGA, but staff has presented background information to Council previously.
August 4, 2020: 2020 Water Master Plan & Adoption Process Minutes, Staff Report)
January 3, 2022: Enterprise System Background "Water" Minutes, Staff Report)
May 2, 2022: Water Resources Report (Staff Report).
BACKGROUND AND ADDITIONAL INFORMATION
In early 2020, MWC and the Cities of Talent, Ashland, Phoenix, Eagle Point, Central Point and Jacksonville
(Partner Cities) completed a joint water rights strategy related to the water rights authorizing diversion at
Medford Water's Duff Water Treatment Plant (WTP) on the Rogue River. The water rights strategy included a
proposed approach to ensure orderly certification of the water rights at the Duff WTP; it also included a
proposed plan for sharing water supply to meet combined short-term (Phase 1) and long-term (Phase 2) water
Page 1 of 3
CITY OF
-ASH LAN D
supply needs for all partner entities.
The Medford Water Commission Board directed General Manager, Brad Taylor, to work with "other cities"
partners to develop the proposed IGA under certain guiding principles. These principals included the following:
1. Medford Water would be (and receive compensation for being) the Managing Agency for the Partners but
will not have a fiduciary responsibility to the other Partners.
2. The agreement must be consistent with the City of Medford's January 1, 1999, City Charter.
3. The agreement must ensure that Medford Water retains control of its water rights, the Duff WTP, and related
infrastructure.
4. The agreement should relate only to water rights associated with the Duff WTP (and not to the Big Butte
Creek water rights).
5. The Phase 1 IGA would provide for water sharing among the Partner Cities and would seek commitments to
develop a Phase 2 agreement. Medford Water would not, however, be bound to enter into a Phase 2
agreement.
6. Medford Water could withdraw from the sharing agreement.
Over the past two years, MWC has met monthly with representatives of the Partner Cities to develop an IGA to
implement Phase 1 of a water -sharing agreement. The Partners have developed an IGA that provides for orderly
certification of the water rights at the Duff WTP, and a mechanism by which the Partner Cities would share
water supply under their water rights and MWC would function as the Managing Agency. The IGA provides that
the Partner City water -sharing agreement would begin on October 1, 2022, but a "dry run" is planned for May
through September 2022. The IGA would renew every five years, consistent with the term of existing water
supply agreements. The IGA provides for an annual meeting to review the water sharing calculations and discuss
other issues related to provisions in the IGA.
The proposed IGA meets the guiding principles provided by the MWC Board. MWC will be the Managing
Agency, and costs associated with these functions will be passed to the cities through costs of service and
associated water rates. Additionally, the IGA pertains to only the water rights associated with the Duff WTP and
expressly states that MWC (and all other partners) retain ownership of their water rights, and Medford Water
retains ownership of the Duff WTP and related infrastructure. The agreement provides for water sharing among
the Partner Cities and includes a mechanism for Partners to withdraw from the sharing agreement. The IGA
recognizes that the water rights strategy recommended a second phase but provides that entering into the Phase 1
agreement does not bind a party to enter into a Phase 2 agreement.
Finally, the proposed IGA has been reviewed by legal counsel of the MWC and Partner Cities. The IGA in its
full form is referenced as attachment #1 below. The IGA is intended to be supplemental to the Treat and
Transport and wholesale water agreements that already exist between MWC and the partner cities.
Approval Status:
Central Point on April 28' — Approved
Phoenix on May 2°d— Approved
Jacksonville on May 3Td — Approved
Eagle Point on May I Oth — Approved
Scheduled:
Ashland — June 7t'
Talent — 3rd week of May
Page 2 of 3
C I T Y O F
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Staff is now seeking approval by the City Council to authorize the City Manager to enter into the formal IGA.
The Medford Water Commission Board will complete the adoption process after each individual City Council
considers adoption. However, the document will be returned for additional approval if significant changes occur
after Ashland City Council consideration/approval.
Talent -Ashland -Phoenix Intertie (TAP):
The City of Ashland has permit for 1000 acre-feet of stored water right in Lost Creek Reservoir that utilizes
the Duff Treatment Plant as the point of diversion for delivery of treated water through the TAP system. As
part of the certification strategy outlined in the IGA, this water permit is referenced first for certification. The
certification date based on the acquisition of the original Lost Creek water right permit was September 7,
2021. This means the City must certify all or a portion of the use and/or request a time extension for the
"development" of the remainder of the water right.
To certify the permit, a "Claim of Beneficial Use" (COBU) must be developed that shows the water was put
to use during a water year (October 1 — September 30). During the 2021 season the City pumped 550.6 acre
feet of TAP water or 179 MG. Public Works worked with GSI Water Solutions to develop the COBU and
"certify" the use of 550.6 acre-feet and obtain a partial perfection water right certificate from the Oregon
Water Resources Department (OWRD) on April 12, 2022. Partial perfection references only a portion of the
total water right was perfected or shown to be used during the time period. Public Works has requested a
time extension to certify the remainder of the Lost Creek stored water right. OWRD has issued a proposed
final order for the time extension that will extend the certification time to October 1, 2061 for final perfection
of remaining permit volume (449.4 MG).
The City will not be able to obtain any more stored water rights from Lost Creek Reservoir until such time as
it shows that its demand will exceed currently held water rights within the 20 year planning window
FISCAL IMPACTS
City of Ashland's financial obligations under the proposed IGA are described in section VII. Additionally, costs
associated with MWC's management of the program will be included in partner cities' rates.
The only fiscal impact associated with approval of appointments is the associated with the staff time necessary to
participate in partner cities meetings and bring this action forward to Council.
STAFF RECOMMENDATION
Staff recommends Council authorize the City Manager to sign IGA
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I Move to authorize the City Manager enter into and sign the Intergovernmental Agreement for a
Coordinated Water Rights Management and Water Sharing Plan.
REFERENCES & ATTACHMENTS
Attachment # 1: Intergovernmental Agreement
Attachment #2: Coordinated Water Rights Certification and Sharing Plan one page background sheet
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CITY Of
-ASH LAN D
INTERGOVERNMENTAL AGREEMENT FOR
A COORDINATED WATER RIGHTS MANAGEMENT AND WATER SHARING PLAN
I. Parties
This Intergovernmental Agreement (IGA) is between the Medford Water Commission
(MEDFORD WATER) and the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent, hereinafter PARTNERS when referred to collectively,
and MEDFORD WATER, ASHLAND, CENTRAL POINT, EAGLE POINT,
JACKSONVILLE, PHOENIX, and TALENT when referred to individually, and
PARTNER CITIES when referring to ASHLAND, CENTRAL POINT, EAGLE POINT,
JACKSONVILLE, PHOENIX, and TALENT.
II. Recitals
A. The PARTNERS all own and operate water systems that supply water to their respective
customers;
B. The PARTNERS recognize the vital importance of providing a reliable source of water to
all their respective customers for public health, safety, and welfare and for sustaining
economic development;
C. The PARTNERS recognize the importance of water conservation, and each take actions
to conserve their water supply.
D. The PARTNERS have invested in and each hold water right(s) that are diverted and
treated at the Duff Water Treatment Plant (WTP) located on the Rogue River, and
understand the importance of strategically managing those water rights;
E. The Duff WTP, owned by MEDFORD WATER, provides treated water to the
PARTNERS and is a critical regional water supply facility.
F. The PARTNER CITIES receive water treated at the Duff WTP under Treat and Transport
contracts with MEDFORD WATER. These contracts include rates of water that the
PARTNER CITIES can receive from the MEDFORD WATER's water supply system
during identified time periods.
G. The PARTNERS value the important role each utility plays in meeting the water supply
needs of the Rogue Valley Region;
H. The PARTNERS entered into a cooperative agreement for developing a water rights
strategy in 2019, which resulted in development of a Final Report entitled WATER
RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS (February 2020). The
cooperative agreement and report executive summary are included in Attachment 1;
I. The WATER RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS
recommends Phase I of the Coordinated Water Rights Management and Sharing Plan,
which includes a coordinated water rights certification strategy for water rights diverted
at the Duff WTP and a PARTNER CITIES water sharing framework;
J. The WATER RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS
recommends a Phase II of the Coordinated Water Rights Management and Sharing Plan
to continue the water rights certification strategy for water rights diverted at the Duff
WTP and a PARTNER CITIES and MEDFORD WATER water sharing framework. A
separate IGA will need to be developed and approved for Phase II;
K. The PARTNERS recognize that this IGA is related to Phase I of the Coordinated Water
Rights Management and Sharing Plan; and
L. The PARTNERS enter this agreement in a spirit of good will and mutual cooperation,
understanding that entering this IGA for Phase I of a Cooperative Water Rights
Management and Water Sharing Plan is intended to improve the current and long-term
reliability of individual and collective water supplies and is in the highest public interest.
III. Scope and Purpose
To develop, refine and implement Phase I of a Coordinated Water Rights Management
and Water Sharing Plan that includes a coordinated water rights certification strategy for
water rights diverted at the Duff WTP and a PARTNER CITIES water sharing
framework. This IGA does not address Phase II of a Coordinated Water Rights
Management and Water Sharing Plan, which would be established in a separate IGA.
Being a signatory to this IGA does not require a PARTNER to become a signatory to an
IGA developed for Phase II.
IV. Retention of Asset Ownership
A. Each Partner will retain ownership of its water right(s). Nothing in this IGA will have
the effect of conveying a water right to any other entity.
B. MEDFORD WATER will retain ownership of the Duff WTP, the associated intake on the
Rogue River, and all related infrastructure. Nothing in this IGA will have the effect of
conveying any of MEDFORD WATER's water system to any other entity.
V. Water Right Certification Coordination
A. The PARTNERS developed a strategy for managing the timing of certification of their
existing water use permits and transfers, which is described in the Water Rights
Certification Strategy Table provided in Attachment 2. The table identifies the water
rights that have been or can be certificated at the current Duff WTP capacity (70 cfs), and
the permits and transfers to be certificated at each subsequent WTP capacity (100 cfs,
131 cfs, 162 cfs and 193 cfs). Except as provided in subsection D of this section, only
the portion of the Water Rights Certification Strategy Table for the Duff WTP's existing
capacity of 70 cfs is applicable to this IGA for Phase I of the Water Rights Management
and Water Sharing Plan.
B. The PARTNERS agree to submit claims of beneficial use (COBUs) and requests for
water right certificates to the Oregon Water Resources Department (OWRD) only at
times consistent with the portion of the Water Rights Certification Strategy Table for the
Duff WTP's existing capacity of 70 cfs, except as provided in subsection D of this
section.
C. At least 14 days prior to submitting a COBU and request for water right certificate to
OWRD, PARTNERS agree to provide the Managing Agency with written notice of their
intention to file a COBU.
D. The Water Rights Certification Strategy Table will be reviewed by the PARTNERS
annually as described in Section VIII, and will be updated to reflect the issuance of water
right certificates consistent with Water Rights Certification Strategy.
E. Each PARTNER will continue to be responsible for maintaining its own water rights,
which will include but is not limited to filing water use reports with OWRD, developing
claims of beneficial use and requesting water right certificates, and developing water
management and conservation plans.
VI. Water Sharing
A. Consistent with the PARTNER CITIES' contracts with MEDFORD WATER, each
PARTNER CITY will use water under its individual water rights beginning May 1 of
each year and ending September 30 of each year.
B. By November 15 of each year, MEDFORD WATER will calculate the total volume of
water used by each PARTNER CITY during the period of May 1 through September 30
based on meter readings for each city, referred to as each city's "Annual Metered
Volume." The meters used to determine each PARTNER CITY'S "Annual Metered
Volume" are listed in Attachment 3.
1. The owner of each meter will ensure its meter(s) are calibrated to manufacturer
standards.
2. If a meter breaks or malfunctions the PARTNERS will use the best practicable
information available to estimate water use.
C. MEDFORD WATER will compare each PARTNER CITY'S Annual Metered Volume to
the total volume of water authorized by each PARTNER CITY'S water rights (referred to
as each PARTNER CITY'S "Total Authorized Water Volume") as shown in Attachment
4.
D. The PARTNER CITIES will notify MEDFORD WATER of any changes to their Total
Authorized Water Volume that occur during the May 1 through September 30 period.
E. If a PARTNER CITY'S Annual Metered Volume exceeds its Authorized Water Volume,
as provided in VI. C., MEDFORD WATER will subtract the Authorized Water Volume
from the Annual Metered Volume to obtain that. PARTNER CITY'S "Volume of Excess
Use" for the year.
F. If a PARTNER CITY'S Annual Metered Volume is less than that city's Authorized
Water Volume, as provided in VI. C., MEDFORD WATER will subtract the Annual
Metered Volume from the Authorized Water Volume to obtain that PARTNER CITY'S
"Excess Water Right Volume" for the year.
G. For each PARTNER CITY with a Volume of Excess Use, MEDFORD WATER will
allocate the Volume of Excess Use equally among all PARTNER CITIES with an Excess
Water Right Volume for that year. MEDFORD WATER will allocate the Volume of
Excess Use equally up to, but not in excess of, the PARTNER CITIES' Authorized Water
Volumes. If equal allocation of a PARTNER CITY'S Volume of Excess Use would
exceed one or more PARTNER CITY'S Authorized Water Volume, the Volume of
Excess Use will be allocated equally among the PARTNER CITIES in the amount of the
smallest Excess Water Right Volume. The remaining Volume of Excess Use will then be
allocated equally among the remaining PARTNER CITIES with Excess Water Right
Volume. This process will be repeated until the PARTNER CITY'S entire Volume of
Excess Use has been allocated to other PARTNER CITIES. Attachment 5 provides an
example of the intended process.
H. Any PARTNER CITY with a Volume of Excess Use will provide compensation to
PARTNER CITIES with Excess Water Right Volume according to the volume of water
allocated to that PARTNER CITY, and the Method of Cost Allocation provided in
Section VII.
VII. Method of Cost Allocation
A. By March 1 of each year, each PARTNER CITY will provide to MEDFORD WATER a
copy of any Statement of Account or other invoices from the U.S. Army Corps of
Engineers, or annual assessment from the Medford Irrigation District and/or Rogue River
Irrigation District the PARTNER CITY received in the previous year related to their
water rights associated with the Duff Water Treatment Plant as described in Attachment
2.
B. Based on the information provided in subsection A., MEDFORD WATER will calculate
the following total annual costs. An example of the calculations is provided in
Attachment 6.
1. The Total Annual Operation and Maintenance (O&M) Costs for storage space
for Lost Creek Reservoir will be calculated by adding together the annual
O&M costs for Ashland, Jacksonville, Phoenix, and Talent. This cost is
associated with 3,892 AF of storage space in the reservoir, as shown in Table I
of Attachment 6;
2. The Total Annual Repair Replacement and Rehabilitation (RR&R) Costs for
storage space for Lost Creek Reservoir will be calculated by adding together
any annual RR&R costs for Ashland, Jacksonville, Phoenix, and Talent. This
cost is associated with the 3,892 AF of storage space, as shown in Table 2 of
Attachment 6.
3. The 5-year Rolling Average RR&R Cost for storage space for Lost Creek
Reservoir will be calculated by adding together the Total Annual RR&R Costs
for the preceding five years and dividing by 5. This calculation is shown in
Table 3 in Attachment 6.
4. The Total Annual Assessment Costs will be calculated by adding together the
annual costs charged to Central Point and Eagle Point by Medford Irrigation
District and Rogue River Irrigation District. This cost is associated with the
3,123.7 AF for which the irrigation districts charge assessments, as shown in
Table 4 of Attachment 6.
5. The Total Water Volume Associated with the Costs is 7,015.7 AF, which is
calculated by adding 3,892 AF associated with storage space plus 3,123.7 AF
associated with the irrigation districts, as shown in Table 5 of Attachment 6.
C. The Average Annual Cost Per Acre Foot will be calculated as follows.
1. Calculate the Total Annual Cost by adding together the Total Annual O&M
Cost for storage space, the Five -Year Rolling Average RR&R Cost, and the
Total Annual Assessment Cost.
2. Calculate the Annual Average Cost Per Acre Foot by dividing the Total
Annual Cost by the Total Water Volume Associated with the Costs (7,015.7
AF), as shown in Table 5 of Attachment 6.
D. MEDFORD WATER will provide the PARTNER CITIES with the Average Annual Cost
Per Acre Foot by March 30 of each year.
E. Each year after completing the calculations described in Section VI., for each PARTNER
CITY with a Volume of Excess Use, MEDFORD WATER will multiply the Volume of
Excess Use allocated to each PARTNER CITY (determined according to Section VI. D.)
by the Average Annual Cost Per Acre Foot to obtain the "Annual Cost for Excess Use"
owed to each PARTNER CITY.
F. By December 15 of each year, MEDFORD WATER will provide the PARTNER CITIES
an Annual Summary Report of Water Sharing that includes the following information for
the previous May through September:
1. Each PARTNER CITY'S Annual Metered Volume;
2. Each PARTNER CITY'S Authorized Water Volume;
3. Each PARTNER CITY'S Excess Water Right Volume, or Volume of Excess Use
for the year; and
4. For each PARTNER CITY with a Volume of Excess Use, the volume of water
allocated to each PARTNER CITY with an Excess Water Right Volume, and the
associated Annual Cost for Excess Use. An example Annual Summary Report of
Water Sharing is provided in Attachment 7.
G. By January 15 of each year, the PARTNERS will meet to review the Annual Summary
Report of Water Sharing, and will work in good faith to resolve any discrepancies raised
by a PARTNER CITY.
H. By February 15 of each year, each PARTNER CITY with a Volume of Excess Use shall
pay the Annual Cost for Excess Use to other PARTNER CITIES as provided in the
Annual Summary Report of Water Sharing.
VIH. Annual Meeting
A. Medford Water will schedule an annual meeting with the PARTNERS during the month
of April each year at a time and location agreeable to the PARTNERS.
B. Each PARTNER will, to the extent possible, have at least one representative at the annual
meeting.
C. Agenda items will include, but are not limited to, the following:
1. An explanation of the processes established by this IGA, as necessary.
2. Estimations provided by each PARTNER CITY of the amount of water it expects
to use during the upcoming period of May 1 through September 30.
3. Any available estimations of water supply expected to be available during the
upcoming period of May 1 through September 30
4. A review of the Water Rights Certification Strategy Table (the current version is
provided in Attachment 2), and a discussion of any updates to the table that are
needed or any plans to certificate a water right included in the table.
5. Coordination of any other activities regarding the Water Rights so that all Partners
are apprised of actions by a Partner that may affect them.
6. Any amendments needed to this IGA. The process for adoption of amendments is
provided in Section XIV.
IX. Designation, Tasks and Powers of Managing Agency
A. Medford Water shall perform the duties of the Managing Agency hereunder including but
not limited to:
1. Coordinating use of the Partners' Rogue River water rights at the Duff Water
Treatment Plant in accordance with the terms and conditions of this Agreement.
2. Schedule and convene meetings with the Partners in accordance with the terms
of this Agreement and as necessary to meet the requirements of this Agreement,
maintain public records in accordance with the Oregon Public Records Law and
rules, policies and procedures of Medford Water, and provide administrative
support.
3. Provide public communications and outreach, including response to public
information, media or records requests in coordination with the Partner Cities.
4. Retain consultants, attorneys, auditors, accountants and other professional
services to assist the Managing Agency in accordance with Managing Agency
contracting rules.
5. Provide the Partners and their agents with reasonable access to books and records
maintained by the Managing Agency specifically related to administration of this
Agreement.
6. Perform ministerial and administrative tasks to implement this Agreement.
B. The General Manager of Medford Water shall be the person authorized to act for the
Managing Agency, unless the Medford Water Commission specifies otherwise.
X. Governance
A. Each Partner shall appoint a representative, elected or staff member, to receive notices,
attend meetings as called and act as a liaison to the Partner's governing body. A
Partner's representative shall serve at the discretion of the Partner's governing body, or
the City Manager or City Administrator.
B. The Representatives shall meet in accordance with the terms of this Agreement and as
deemed necessary by the Managing Agency upon reasonable notice to carry out the terms
and conditions of this Agreement.
XI. Failure to Perform/Breach/Remedies
A. If a Partner fails to perform any obligation or term of this Agreement, (Defaulting
Partner) the Managing Agency will notify the Defaulting Partner in writing and request
performance and cure. If the Defaulting Partner cures the default within 30 days of .
notice or commences to diligently cure a default within 30 days and completes cure
within a mutually agreed time, then the matter will be deemed resolved.
B. If the default continues after notice and opportunity to cure, the Managing Agency and
the Representative of the Defaulting Partner shall meet within 45 days to discuss and
resolve. Other Partners (Remaining Partners) shall be apprised and may attend.
C. If no satisfactory resolution is reached, the parties agree to mediate any disputes under
ORS Chapter 36.
XII. Termination and Withdrawal
A. A Partner may elect to withdraw from this Agreement (Withdrawing Partner) by
providing written notice to the Managing Agency no later than October 1 of each year. If
timely notice is given, the withdrawal shall be effective on the following May 1.
B. The Managing Agency will provide the Remaining Partners with timely notice of the
withdrawal notice.
C. Withdrawal from this Agreement will terminate the obligation to participate in water
sharing under this agreement but will not affect any pre-existing agreements that may be
operative. Withdrawal shall not relieve the Withdrawing Partner of any outstanding
obligations remaining unpaid.
D. Upon withdrawal, the Managing Agency will cause the Attachments to this Agreement
affected by such Partner's withdrawal to be revised and adjusted as necessary to remove
the Withdrawing Partner and its water rights, Authorized Water Volumes, and associated
costs identified in the Attachments. The Managing Agency may create a new Attachment
for addition to this Agreement to account for change in membership to identify the
Partners, and their water rights, Authorized Water Volumes, and associated costs.
E. The Managing Agency shall provide the Partner Cities with timely copies of the new or
revised Attachment(s).
F. This Agreement shall continue after withdrawal of a Partner unless dissolved as provided
in Section XV, below.
XIII. Representations
By execution of this Agreement, each Partner represents to the others that the Agreement
has been approved by the governing body and that the person executing the Agreement
has full authority to do so and the Agreement is binding on the Partner. Further the
designated Representative of the Partner is vested with authority to act on behalf of the
Partner except for those decisions that require specific governing body approval:
amendment and dissolution.
XIV. Amendment
A. A Partner seeking an amendment to the Agreement shall provide a notice to all other
Partners that specifies the section(s) of the Agreement that the Partner seeks to
amend, and the nature of the requested amendment.
B. The proposed amendment shall be included in the agenda for the next annual meeting.
C. This Agreement may be amended only by mutual written agreement of all the
Partners, and the amended agreement will become effective on the next October 1 or
as otherwise mutually agreed upon by the Partners.
XV. Term, Dissolution and Winding Up
A. This Agreement shall become effective on October 1, 2022, (effective date) and will
continue for five years from the effective date or until the remaining Partners
mutually agree to terminate or there is only one Partner remaining, whichever is
sooner.
B. This Agreement will automatically renew every five years on October 1 (fifth year
anniversary date) without further action.
C. If this Agreement is amended as provided in Section XIV, the amended agreement
will automatically renew every five years from the effective date of the amended
agreement without further action.
XVI. Notices
Any notice required to be given shall be sufficient if given electronically, personal
delivery or regular U.S. Mail to the following. A Partner may change the recipient by
written notice to the others.
If to Medford Water: Medford Water
Attn: General Manager
200 S. Ivy St. — Room 177
Medford, Oregon 97501
If to Ashland: City of Ashland
Attn: City Manager
20 East Main Street
Ashland, OR 97520
If to Central Point: City of Central Point
Attn: City Manager
140 S. 3rd Street
Central Point, OR 97502
If to Eagle Point:
If to Jacksonville:
If to Phoenix:
If to Talent: Jordan Rooklyn
PO Box 445
110 E Main St
Talent, OR 97540
Attachment 1
Cooperative Agreement and Report Executive Summary
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Page IIof4
COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER AMONG
MEDFORD WATER COMMISSION, CITY OF ASHLAND, CITY OF CENTRAL POINT, CITY OF EAGLE POINT, CITY OF
JACKSONVILLE, CITY OF PHOENIX, AND CITY OF TALENT
This cooperative agreement (hereinafter "Agreement') is by and among Medford Water Commission and the
Cities of Ashland, Central Point, Eagle Point, Jacksonville, Phoenix, and Talent, hereinafter PARTNERS when
referred to collectively and MWC, ASHLAND, CENTRAL POINT, EAGLE POINT, JACKSONVILLE, PHOENIX, and
TALENT when referred to individually.
RECITALS
A. The PARTNERS all own and operate water systems that supply water to their respective customers;
B. The PARTNERS recognize the vital importance of providing a reliable source of water to all their respective
customers for public health, safety, and welfare and for sustaining economic development;
C. The PARTNERS value the important role each utility plays in meeting the water supply needs of the Rogue
Valley Region (RVR);
D. The PARTNERS enter this agreement in a spirit of good will and mutual cooperation, with the
understanding that coordinating a Water Right Strategy (WRS) will improve the current and long-term
reliability of individual and collective water supplies and is in the highest public interest;
E. The PARTNERS understand that the WRS will document the current understanding of the water rights
held by the jurisdictions in the RVR, and provide options to the PARTNERS on how to move forward with
securing and allocating water supplies for the RVR that may be in the best interests of the Region as a
whole, but it will not bind PARTNERS to any particular direction or action; and
F. The PARTNERS recognize that developing a WRS is the first step and that a second step of adopting a WRS
would require a second IGA that would then guide the adoption, implementation, and management of
the WRS moving forward. It is understood that a second step may not be possible if there is not
agreement on how to move forward with the WRS.
G. The PARTNERS are willing to fund development of a WRS.
AGREEMENT
The PARTNERS agree to the following:
RECITALS/PURPOSE
The above recitals are true and correct and are specifically adopted and incorporated herein as the
purpose of this Agreement.
II. DEFINITIONS
A. ASHLAND means City of Ashland.
B. CENTRAL POINT means City of Central Point.
C. EAGLE POINT means City of Eagle Point.
D. JACKSONVILLE means City of Jacksonville.
E. MWC means Medford Water Commission.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page 12of4
F. OWRD means the Oregon Water Resources Department.
G. PARTNERS means collectively the Medford Water Commission and the Cities of Ashland, Central
Point, Eagle Point, Jacksonville, Phoenix, and Talent.
H. PHOENIX means City of Phoenix.
I. RVR is an abbreviation for Rogue Valley Region.
J. STEERING COMMITTEE means a group comprised of at least a single voting representative from
each of the PARTNERS. The Steering Committee function will be to oversee the implementation of
this Agreement, to facilitate changes to it necessary to ensure its continued effectiveness in
meeting the needs of the PARTNERS and to settle differences in interpretation of its provisions
and execution.
K. TALENT means City of Talent.
L. WRS is an abbreviation for Water Right Strategy.
Ill. RESPONSIBILITIES
A. The PARTNERS:
1. Agree to form a STEERING COMMITTEE.
2. Agree not to move forward with any actions to certificate water rights at the MWC Duff
Water Treatment Plant intake, except as provided in III.C, until a WRS is completed, or
the term of this Agreement ends.
3. Agree to pay the identified, pro-rata costs of the development of a WRS as provided in
Section IV (B) of this Agreement.
B. MWC:
1. Agrees to award and administer a contract with GSI Water Solutions to develop a WRS
as described in Section IV (A) of this Agreement.
2. Agrees to pay monthly invoices to GSI Water Solutions on behalf of the PARTNERS.
C. PHOENIX:
1. Agrees not to request expedited processing of its claim of beneficial use under OWRD's
Reimbursement Authority Program for Permit S-47672 until a WRS is completed, or the
term of this agreement ends, whichever occurs first.
2. Agrees to notify the PARTNERS within a reasonable period of time in the event that
OWRD begins review of its pending claim of beneficial use for Permit S-47672.
IV. WATER RIGHT STUDY SCOPE AND COST
A. The draft outline of the scope of work to develop a WRS is included as Exhibit A. The PARTNERS
intend to collaboratively develop and establish a final scope of work after this agreement is
executed.
2019 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page I3of4
B. The PARTNERS agree to share the cost of the WRS on a pro rata basis in proportion to their
populations based on Portland State University's 2015 population data, as shown in Exhibit B.
Exhibit B indicates preliminary costs. The total cost of the WRS is expected to be less than
$80,000. Final pro-rata cost share will be determined at the time the contract with the consultant
is signed. Payments by PARTNERS will be due quarterly and must be remitted to MWC within 30
days of invoice.
V. DECISION MAKING PROCESS
A. All decisions made under this Agreement, and during the course of the development of the WRS,
shall be made through negotiations among the PARTNERS.
B. The WRS does not bind any PARTNER(S) to any future action or direction proposed by the WRS.
VI. LIABILITY, INDEMNITY AND HOLD HARMLESS
A. INDEMNIFICATION. To the extent allowed by the Oregon Constitution and the Oregon Revised
Statutes, and not to exceed monetary limits of the Oregon Tort Claim Act, the PARTNERS agree to
defend, indemnify, and hold harmless each other from claims, liability or damages, including
attorney fees, arising out of error, omission or act of negligence on the part of the indemnifying
party, its officers, agents, or employees in the performance of this Agreement.
B. STATUS. In providing the services specified in this Agreement (and any associated services) the
PARTNERS are public bodies and maintain their public body status as specified in ORS 30.260. The
PARTNERS understand and acknowledge that each retains all immunities and privileges granted
them by the Oregon Tort Claims Act and any and all other statutory rights granted as a result of
their status as local public bodies.
VII. TERM AND TERMINATION
The term of the Agreement is twelve months from the last date of execution, unless the STEERING
COMMITTEE members unanimously agree in writing to extend that date. Any PARTNER may agree to
terminate its participation in the Agreement at any time with 15-day written notice to the other
PARTNERS, provided, however, that once a contract with the selected consultant has been signed, the
terminating PARTNER agrees to pay its full pro-rata share of the cost of the consultant contract to MWC.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page 14of4
In WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their proper officers on the
dates noted below.
"d � GYLY'(�f'�`Y' G�1>�'l.
Brad Taylor (Ja 5, 2.019) Jan 25, 2019 Christopher ciayton (Jan 25, 019) Jan 25, 2019
Brad Taylor
DATE
Chris Clayton
DATE
General Manager
City Manager
Medford Water Commission
City of Central Point
Kelly lV1
/ I
�Feb
Kelly Madding (Feb 22, _019)
Feb 22, 2019
'L-1 Lam;
22, 2019
Kelly Madding
DATE
Henry Lawrence
DATE
City Administrator
City Administrator
City of Ashland
City of Eagle Point
Feb 25, 2019
Mar 18, 2019
Jeff Alvis
DATE
Aaron Prunty
DATE
City Administrator
City Manager
City of Jacksonville
City of Phoenix
Sandra snelliscv
Sandra SpOliscy (Mar 18, 2019)
Mar 18, 2019
Sandra Spelliscy
DATE
City Manager
City of Talent
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
r7cGl
S I
Water Solutions, Inc.
February 7, 2020
Executive Summary
Water Rights Strategy for Partner Water Providers
f. Introduction
GSI Water Solutions, Inc. (GSI) is assisting the Partner Water Providers (Partners) to develop a
water rights strategy. The Partners include the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent (jointly the Partner Cities) and Medford Water Commission
(MWC).t In early 2019, the Partners signed a Cooperative Agreement to develop the strategy
recognizing the benefits of mutual cooperation and the vital importance of providing source
water to their respective customers for public health, safety and welfare, and for sustaining
economic development.
The water rights strategy focuses on the Partners' water rights and water supply associated with
the MWC Duff Water Treatment Plant (Duff WTP) on the Rogue River. During the months of
May through September (peak season), much of the MWC's water supply and all of the Partner
Cities' water supply is treated at the Duff WTP. During this peak season period, the Partner
Cities currently rely on water rights they have obtained and hold Treat and Transport agreements
with the MWC.
As the Partners plan for their long-term water supply needs, it is important that they have a full
understanding of the status of their water rights and develop a common strategy to protect and
secure them. The water rights strategy is intended to meet those needs.
II. Process
To develop the water rights strategy, GSI initially prepared a comprehensive water rights
summary, which enabled the Partners to develop a shared understanding of the water rights at the
Duff WTP. Next, GSI developed a consolidated water demand projection for each of the
Partners, which included the maximum anticipated demands for the years 2030, 2040 and 2070.
GSI then compared the Partners' individual and collective demands with their water rights. This
evaluation showed that some of the Partners' water rights will likely provide them with sufficient
supply past the year 2070, while other Partners' water rights do not provide sufficient water
supply to meet current demands. The evaluation also showed that if the Partners shared their
water supplies, they would have sufficient supply to meet all of their demands through 2070.
1 MWC's customers include customers within the City of Medford, White City, Elk City and Charlotte Ann Water Districts, as well as
other customers served by MWC outside of its service area (Outside Customers).
EXECUTIVE SUMMARY- WATER RIGHTS STRATEGY FOR PROJECT PARTNERS
GSI WATER SOLUTIONS, INC.
III. Goals, Interests and Priorities for Water Rights Strategy
The above -described differences between the Partners' water rights and projected water demands
demonstrate the value of a strategy related to the Partner water rights at the Duff WTP. The
strategy is intended to meet the following goals, interests, and priorities:
• Ensure that the water rights at the Duff WTP are strategically managed.
• Secure a long-term water supply for all Partners.
• Eliminate the need for Partners to unnecessarily purchase additional water rights.
• Retain each Partners' ownership of its existing water rights and create opportunities to
obtain value for the water rights.
• Treat White City, Elk City and Charlotte Ann Water Districts, and other customers
served by MWC outside of its service area (Outside Customers) equitably.
IV. Strategic Management of Partners' Existing Water Rights
A. Reasons for Developing Coordinated Approach to Water Rights and Water Use
GSI recommends that the Partners consider developing a coordinated approach to managing their
water rights and water supply. This coordination could include not only coordinated
management of the water rights at the Duff WTP, but also creation of an opportunity for the
Partners to share their combined water supplies. Coordination will also be necessary to
strategically secure the 20 existing water rights at the Duff WTP. Additionally, if the Partners
established a combined water supply, it could address the imbalances between water rights and
projected water demands that have been previously described, and eliminate the need for the
purchase of additional water rights to meet their individual needs. Further, establishing a
combined water supply could provide the Partners with some level of supply redundancy; that is,
the arrangement could enable each Partner to obtain water from more than one source of supply.
B. Conceptual Framework for Water Supply Sharing
GSI and the Partners considered multiple approaches to sharing water supply. Based on GSI's
understanding of the Partners' goals, interests, and priorities, as well as the Partners' water
supplies and demands, GSI recommended an approach that provides an opportunity to meet the
Partners' near -term and long-term goals without jeopardizing any of the Partners' water rights.
In addition, the Partners would pool their water rights to establish a diverse water rights
portfolio.
Under the recommended option, the Partner Cities and MWC would enter into an
intergovernmental agreement (IGA) to work together on regional water supply. The IGA would
describe how the water rights and water supply would be shared, which would occur in two
phases. Until the Duff WTP capacity was expanded to 100 cfs in approximately 2028, the
Partner Cities and the Outside Customers would share their water supplies. MWC could track
EXECUTIVE SUMMARY -WATER RIGHTS STRATEGYFOR PROJECT PARTNERS
GSI WATER SOLUTIONS, INC.
each entity's water use and compare that with the entity's individual water rights to determine
whether any compensation was required for use of another entity's water rights. Additionally,
the Partners would follow an agreed -upon strategy to request water right certificates for their
water rights.
In the second phase of this option, the MWC would modify its agreements with the Partner
Cities and Outside Customers and would begin to provide them with surplus water. The water
rights held by the MWC and the Partner Cities would be placed into a regional water supply
pool, which would be managed by the MWC. This would result in the Partners having a diverse
water supply portfolio. The Partner Cities would retain ownership of their water rights, and the
IGA would include a mechanism by which any of the Partner Cities could withdraw from the
group.
The MWC would compensate the Partner Cities for any Operation and Management (O&M)
costs it incurred associated with contracts for stored water that was being used by the Partners.
The MWC would also provide Partner Cities with compensation (based on negotiations between
each Partner City and the MWC) for water rights used by the Partners. The rate the Partner
Cities pay to the MWC would reflect these expenses.
V. Summary of Recommended Option
The option recommended by GSI provides an approach to meeting the Partners' near -term and
long-term water supply goals without jeopardizing any of the Partners' collective water rights.
In the near term, the recommended option provides a method for the Partner Cities and MWC on
behalf of the Outside Customers to initiate a shared water supply strategy. It then changes
relatively quickly to reset the relationship with the MWC, which would then provide surplus
water supply to the Partner Cities and Outside Customers. In .addition, the Partners would pool
their water rights to establish a diverse water rights portfolio. Finally, this option minimizes
water rights transactions, such as extensions of time for permits and transfers, and decreases the
risks associated with these transactions.
VI. Next Steps
Establishing a water sharing agreement will require completing a series of steps or actions. The
following is a brief summary of some of the actions that will be required:
• The Partners' staff communicate with their councils/boards, and seek approval to develop
a scope of work to develop an IGA.
• Staff develop the scope of work for drafting the IGA, and take the scope of work to city
councils/ board for approval.
• Staff develop a draft IGA.
0 Staff take the draft IGA to their city councils/board for review and approval.
Attachment 2
Water Rights Certification Strategy Table
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Water Rights Certification Stratevv Table
Action
Rate ? Development
(cfs) Deadline
Total Rate in Water Right Certificate Status
(cfs)
Duff WTP - Existing Capacity — 70 cis
Current Status -Existing Certificates and Pending COBUs
Central Point's Certificate 93754
1.13
WA
65.26
Central Point's Cart' 93755
1.13
WA
Eagle Point's Certificate 88552
0.90
WA
Eagle Point's Certificate 89864
1.25
WA
Jacksonville's Certificate 87360
No rate (400 AF)
WA
MWC's Certificate 86832
60.85
WA
Talent's Certificate 91134
No rate (533 AF)
WA
Ashland's Certificate 96166
No rate (550.6 AF)
WA
Central Point's Transfer T-1 0465
1.20
10/1/2014
66.46
Eagle Point's Transfer T-10527
0.50
10/1/2013
66.96
Phoenix's Permit S-47672 (COBU on hold)
5.0 (and 400 AF)
1W112001
(71.96)
Transactions
Certificate Central Point's TransferT-9900
1.846
10/1/2030
68.806
Certificate Eagle Point's Transfer T-1 0614
1.15
10/1/2030
69.956
Total at this capacity
69.956 cis
Duff WTP Capacity — 100 cfs in approximately 2028
Certificate Jacksonville's Permit S-54974'
No rate (200 AF)
11/19/2035
69.956 cfs
Certificate Talent's Permit S-53898'
No rate (759 AF)
10/1/2065
69.956 cis
Certificate Ashland's Permit S-54337•
No rate (449.4 AF)
9/7/2021 t
69.956
Certificate Phoenix's Permit S-47672
5.0 (and 400 AF)
110/1/20012
74.956
Certificate Eagle Point's Transfer T-1 0960
1.77
10/1/2030
76.726
Certificate Eagle Point's Transfer T-12221
0.7
10/1/2030
77.426
Certificate Phoenix's Permit S-52650
3.1
10/1/2030
80.526
Partially certificate MWC's Permit S54935 (estimated rate)
19.474
10/1/2056
100
Total at this capacity
100 cfs
Duff WTP Capacity — 131 cfs in approximately 2036
Partially certificate MWC's Permit S-23210 31
10/1/2050
131
Total at this capacity
131 cfs
Duff WTP Capacity — 162 cis (TBD)
Partially certificate remainder of MWC's Permit S-23210 8.15
10/1/2050
139.15
Partially certificate MWC's Permit S54935 (estimated rate) 22.85
10/1/2056
162.0
Extend MWC's Permit S-54935 as needed
10/1/2056
Total at this capacity
162.0 cfs
Duff WTP Capacity —193 cfs (TBD)
Certificate remainder of MWC's Permit S-54935 (estimated rate) 7.676
10/1/2056
169.676
Total at this capacity
169.676 cfs
� Permit extension pending at OWRD.
R COBU pending at OWRD.
* These steps assume that certificating the "volume -only" water rights would not negatively impact the ability to certificate the other Partner water rights, and all elements of seeking a certificate can be met.
AF: acre-feet; cfs: cubic feet per second; COBU: claim of beneficial use; MWC: Medford Water Commission
Attachment 3
Water Meters
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Meters and Information Source Documentation
Water User
Meter Description
Source of Information
Notes:
Central Point
BEALL MASTER
MWC Data Export
Central Point
HOPKINS
MWC Data Export
Central Point
VILAS MASTER 10"
MWC Data Export
Eagle Point
AVENUE G NORTH 8"
MWC Data Export
Eagle Point
AVENUE G SOUTH 6"
MWC Data Export
Eagle Point
STEVENS & RILEY 4"
MWC Data Export
Eagle Point
VISTA POINTE #1
MWC Data Export
Eagle Point
VISTA POINTE #2
MWC Data Export
Jacksonville
MADRONE/OAKGROVE 6"
MWC Data Export
Phoenix MWC
Garfield St and Kings Avenue Meter
MWC Data Export
Phoenix has two connections to the MWC system, one
direct connection at Garfield and Kings and the
connection via TAP. This is the direct connection.
Phoenix TAP
TAP Master Meter on Samike Drive
less Talent Meter
RVCOG Monthly Utility
Billing Data
Phoenix TAP usage is the equal to the total from the
TAP master meter at Samike, less what is measured at
the Talent Meter on the TAP line.
Talent
Talent Meter at intersection Bear
Creek Drive and Main Street in
Phoenix less Ashland usage
RVCOG Monthly Utility
Billing Data
Talent usage is the total of the Talent meter, less
measured Ashland usage.
Ashland
Creel Road and Highway 97
RVCOG Monthly Utility
Billing Data
Attachment 4
Participating Partner Cities' Authorized Water Volumes
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Partner Cities' Authorized Water Volumes
Authorized Water Volume
Water Right
From Water
Right
(acre-feet)
Calculated
from Rate
(acre-feet)
Total Water
Right
(acre-feet)
Limitations'
Total Authorized
Water Volume
(acre-feet)
Ashland
Permit S-54337
449.4
449.4
Certificate 96166
550.6
550.6
Total
1,000
1,000
Central Point
Transfer T-9900
666.0
666.0
Certificate 93754
412.4
412.4
Certificate 93755
412.4
412.4
Transfer T-10465
438.0
438.0
Total
1,104.0
824.8
1,928.8
Eagle Point
Certificate 88552
321.3
321.3
Transfer T-10527
181.5
181.5
Transfer T-10614
273.7
273.7
Transfer T-10960
520.3
520.3
Certificate 89864
356.94
356.94
Transfer T-12221
207.2
207.2
Total
1,860.94
1,860.94
Jacksonville
Certificate 87360
400.0
400.0
Permit 5-54974
200.0
200.0
Total
600
600
Phoenix
Permit 5-47672
400
1,5173
1,9174
Permit 5-52650
600
600
Total
1,000
1,517
2,517
Talent
Permit 5-53898
759.0
759.0
Certificate 91134
533.0
533.0
Tota 1
1,292
1,292
Partner Cities'
Authorized
Water Volumes
6,856.94
2,341.8
9,198.74
1 Limitations on a Partner City's authorized volume of water could include regulation of their water right by the
OWRD watermaster, or limitations on use provided in a final order approving their water management and
conservation plan.
zTotal Authorized Water Volume equals the total water right minus limitations.
s Based on 5 cfs from May 1 through September 30.
4 Final authorized volume will be determined at time OWRD issues certificate for this permit.
Attachment 5
Example Allocation of Excess Water Use
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Example Allocation of Excess Water Use:
Four cities hold water rights and use water as follows. Medford Water would calculate
excess water use and unused water rights as shown in the column labeled "difference"
city
Water Rights
Water Use
A
Difference
A
City A
500
1,490
-990 (excess water use)
City B
1,000
750
250 unused water rights)
City C
1,500
1,000
500 (unused water rights)
City D
2,000
1,000
1,000 unused water rights)
Medford Water would calculate the compensation that City A (the only City with excess water
use) would need to provide to Cities B, C and D (who had unused water rights) as follows:
o Total excess use - 990 AF
o Cities B, C, D - each compensated for 250 AF (up to maximum of City B's water
rights), which accounts for 750 AF
o Remaining excess use - 240 AF
o Cities C and D - each compensated for 120 AF (for a total of 370 AF each)
Attachment 6
Example Calculation of Average Annual Cost per Acre -Foot
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Table 1: Example Calculation of Total Annual 0&M Costs for Storage Space (See VII.B.1. in IGA)
Name
Application
Permit
Contracted StorageTotal
Space (AF)
O&M Cost (2020)
Ashland
S-85733
S-54377
1000
$24,132.50
Jacksonville
S-80641
S-53445
400
$9,653.00
Jacksonville
S-88088
S-54974
200
$4,826.50
Phoenix
S-60890
S-47672
400
$9,653.00
Phoenix
S-71996
S-52650
600
$14,479.50
Talent
S-84029
S-53898
1292
$31,179.19
Totals
3,892
$93,923.69
Table 2: Example Calculation of Total RR&R Costs for Storage Space (See VII.B.2. in IGA)
Name
Application
Permit
Contracted Storage
Space (AF)
Total RR&R Cost
(2020)
Ashland
S-85733
S-54377
1000
$0
Jacksonville
S-80641
S-53445
400
$0
Jacksonville
S-88088
S-54974
200
$0
Phoenix
S-60890
S-47672
400
$0
Phoenix
S-71996
S-52650
600
$0
Talent
S-84029
S-53898
1292
$0
Totals
3,892
$0
Table 3: Example Calculation of 5-year Rolling Average RR&R Cost (See VII.B.3. in IGA)
Year
RR&R Cost
2016
$0.00
2017
$0.00
2018
$0.00
2019
$0.00
2020
$0.00
Total
$0.00
5-year Rolling Average
(Divide Total by 5)
$0.00
Table 4: Example Calculation of Total Annual Assessment Costs (See VII.B.4. in IGA)
Holder
Type of Right
Certificate
Transfer
Maximum
Rate (cfs)
Maximum
Volume
(AF)
Period of Use
Volume
Associated
with
Irrigation
Districts
(AF)
Annual
Assessment
Costs (2020)
Central Point
Non -District
T-9900
1.846
666
1-Apr
1-Nov
N/A - Non-
District
Water Right
N/A - Non -
District Water
Right
Central Point
Non -District
Central Point
Non -District
Central Point
Non -District
Central Point
District
93754
1.13
1-Apr
1-Oct
412.4
Central Point
District
93755
1.13
1-Apr
1-Oct
412.4
Central Point
District
T-10465
1.2
447.6
1-Apr
1-Oct
438.0
$30,677.22
Central Point
District
Central Point
District
Central Point
District
Central Point
District
Eagle Point
District
88552
0.9
321.3
1-Apr
31-Oct
321.3
Eagle Point
District
T-10527
0.5
181.5
1-Apr
31-Oct
181.5
Eagle Point
District
T-10614
1.15
273.7
1-Apr
31-Oct
273.7
Eagle Point
District
T-10960
1.77
520.3
1-Apr
1-Oct
520.3
$40,800.00
Eagle Point
District
1-Apr
31-Oct
Eagle Point
District
89864
1.25
356.94
1-Apr
31-Oct
356.94
Eagle Point
District
T-12221
0.7
207.2
1-Apr
1-Oct
207.2
Eagle Point
District
1-Apr
31-Oct
Totals
3,123.7
$71,477.22
Table 5: Example Calculation of Average Annual Cost Per Acre Foot (See VII.B.S. and VII.C. in IGA)
Annual
Water Volumes
Costs (2020)
Associated with
the Costs (AF)
Total Annual O&M Cost For
$93 ,923.69
Storage Space
3,892
5-Year Rolling Average RR&R Cost
$0.00
for Storage Space
Total Annual Assessment Cost from
$71 ,477.22
3,123.7
Irrigation Districts
Totals
1 $165,400.91
7,015.70
Annual Average Cost Per Acre Foot:
(Divide Total Annual Cost by the Total Water
$23.58
Volume Associated with the Costs)
Attachment 7
Example Annual Summary Report of Water Sharing
Agreement
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Table 1: Example - Volume of Water Use, Water Purchased, and Water Sold
Volume of
Authorized Water
Authorized
Annual
Excess Use/
Volume
Water
Metered
Excess
Water
Remaining After
Volume
Volume
Water Right
Water Volume
Volume Sold
Purchase/Sale
Partner City
(AF/season)
(AF)
Volume (AF)
Purchased (AF)
(AF)
(AF)
Central
Point
1928.8
2023.1
-94.4
94.4
0.0
0.0
Eagle Point
1860.9
1050.5
810.5
0.0
18.9
791.6
Ashland
1000.0
0.0
1000.0
0.0
18.9
981.1
Jacksonville
600.0
529.4
70.6
0.0
18.9
51.7
Phoenix
2,517.0
540.5
1,976.5
0.0
18.9
1,957.6
Talent
1292.0
559.3
732.7
0.0
18.9
713.9
Table 2: Example - Total Cost Paid and Received by each Partner City
Average Annual
Cost ($/AF)
Water Volume
Purchased (AF)
Total Paid ($)
Water Volume
Sold (AF)
Total
Received ($)
Central Point
$23.58
94.4
$2,225.13
0.0
$0.00
Eagle Point
$23.58
0.0
$0.00
18.9
$445.03
Ashland
$23.58
0.0
$0.00
18.9
$445.03
Jacksonville
$23.58
0.0
$0.00
18.9
$445.03
Phoenix
$23.58
0.0
$0.00
18.9
$445.03
Talent
$23.58
0.0
$0.00
18.9
$445.03
Total
94.4
$2,225.13
94.4
$2,225.13
Table 3: Example - Matrix of Costs Paid by and to Each Partner City
Central Point I E
Central Point
Eagle Point
$0.00
Ashland
$0.00
Jacksonville
$0.00
Phoenix
$0.00
Talent
$0.00
Total Received
$0.00
Receives
3gle Point
Ashland
Jacksonville
Phoenix
$445.03
$445.03
$445.03
$445.03
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$445.03
$445.03
$445.03
$445.03
Talent
Total Paid
$445.03
$2,225.13
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$445.03
Page 11of4
COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER AMONG
MEDFORD WATER COMMISSION, CITY OF ASHLAND, CITY OF CENTRAL POINT, CITY OF EAGLE POINT, CITY OF
JACKSONVILLE, CITY OF PHOENIX, AND CITY OF TALENT
This cooperative agreement (hereinafter "Agreement") is by and among Medford Water Commission and the
Cities of Ashland, Central Point, Eagle Point, Jacksonville, Phoenix, and Talent, hereinafter PARTNERS when
referred to collectively and MWC, ASHLAND, CENTRAL POINT, EAGLE POINT, JACKSONVILLE, PHOENIX, and
TALENT when referred to individually.
RECITALS
A. The PARTNERS all own and operate water systems that supply water to their respective customers;
B. The PARTNERS recognize the vital importance of providing a reliable source of water to all their respective
customers for public health, safety, and welfare and for sustaining economic development;
C. The PARTNERS value the important role each utility plays in meeting the water supply needs of the Rogue
Valley Region (RVR);
D. The PARTNERS enter this agreement in a spirit of goodwill and mutual cooperation, with the
understanding that coordinating a Water Right Strategy (WRS) will improve the current and long-term
reliability of individual and collective water supplies and is in the highest public interest;
E. The PARTNERS understand that the WRS will document the current understanding of the water rights
held by the jurisdictions in the RVR, and provide options to the PARTNERS on how to move forward with
securing and allocating water supplies for the RVR that may be in the best interests of the Region as a
whole, but it will not bind PARTNERS to any particular direction or action; and
F. The PARTNERS recognize that developing a WRS is the first step and that a second step of adopting a WRS
would require a second IGA that would then guide the adoption, implementation, and management of
the WRS moving forward. It is understood that a second step may not be possible if there is not
agreement on how to move forward with the WRS.
G. The PARTNERS are willing to fund development of a WRS.
AGREEMENT
The PARTNERS agree to the following:
RECITALS/PURPOSE
The above recitals are true and correct and are specifically adopted and incorporated herein as the
purpose of this Agreement.
DEFINITIONS
A. ASHLAND means City of Ashland.
B. CENTRAL POINT means City of Central Point.
C. EAGLE POINT means City of Eagle Point.
D. JACKSONVILLE means City of Jacksonville.
E. MWC means Medford Water Commission.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page 12of4
F. OWRD means the Oregon Water Resources Department.
G. PARTNERS means collectively the Medford Water Commission and the Cities of Ashland, Central
Point, Eagle Point, Jacksonville, Phoenix, and Talent.
H. PHOENIX means City of Phoenix.
I. RVR is an abbreviation for Rogue Valley Region.
J. STEERING COMMITTEE means a group comprised of at least a single voting representative from
each of the PARTNERS. The Steering Committee function will be to oversee the implementation of
this Agreement, to facilitate changes to it necessary to ensure its continued effectiveness in
meeting the needs of the PARTNERS and to settle differences in interpretation of its provisions
and execution.
K. TALENT means City of Talent.
L. WRS is an abbreviation for Water Right Strategy,
III. RESPONSIBILITIES
A. The PARTNERS:
1. Agree to form a STEERING COMMITTEE.
2. Agree not to move forward with any actions to certificate water rights at the MWC Duff
Water Treatment Plant intake, except as provided in III.C, until a WRS is completed, or
the term of this Agreement ends.
3. Agree to pay the identified, pro-rata costs of the development of a WRS as provided in
Section IV (B) of this Agreement.
NEW
1. Agrees to award and administer a contract with GSI Water Solutions to develop a WRS
as described in Section IV (A) of this Agreement.
2. Agrees to pay monthly invoices to GSI Water Solutions on behalf of the PARTNERS.
C. PHOENIX:
1. Agrees not to request expedited processing of its claim of beneficial use under OWRD's
Reimbursement Authority Program for Permit S-47672 until a WRS is completed, or the
term of this agreement ends, whichever occurs first.
2. Agrees to notify the PARTNERS within a reasonable period of time in the event that
OWRD begins review of its pending claim of beneficial use for Permit S-47672.
IV. WATER RIGHT STUDY SCOPE AND COST
A. The draft outline of the scope of work to develop a WRS is included as Exhibit A. The PARTNERS
intend to collaboratively develop and establish a final scope of work after this agreement is
executed.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page 13of4
The PARTNERS agree to share the cost of the WRS on a pro rata basis in proportion to their
populations based on Portland State University's 2015 population data, as shown in Exhibit B.
Exhibit B indicates preliminary costs. The total cost of the WRS is expected to be less than
$80,000. Final pro-rata cost share will be determined at the time the contract with the consultant
is signed. Payments by PARTNERS will be due quarterly and must be remitted to MWC within 30
days of invoice.
V. DECISION MAKING PROCESS
A. All decisions made under this Agreement, and during the course of the development of the WRS,
shall be made through negotiations among the PARTNERS.
B. The WRS does not bind any PARTNER(S) to any future action or direction proposed by the WRS.
VI. LIABILITY, INDEMNITY AND HOLD HARMLESS
A. INDEMNIFICATION. To the extent allowed by the Oregon Constitution and the Oregon Revised
Statutes, and not to exceed monetary limits of the Oregon Tort Claim Act, the PARTNERS agree to
defend, indemnify, and hold harmless each other from claims, liability or damages, including
attorney fees, arising out of error, omission or act of negligence on the part of the indemnifying
party, its officers, agents, or employees in the performance of this Agreement.
B. STATUS. In providing the services specified in this Agreement (and any associated services) the
PARTNERS are public bodies and maintain their public body status as specified in ORS 30,260. The
PARTNERS understand and acknowledge that each retains all immunities and privileges granted
them by the Oregon Tort Claims Act and any and all other statutory rights granted as a result of
their status as local public bodies.
VII. TERM AND TERMINATION
The term of the Agreement is twelve months from the last date of execution, unless the STEERING
COMMITTEE members unanimously agree in writing to extend that date. Any PARTNER may agree to
terminate its participation in the Agreement at any time with 15-day written notice to the other
PARTNERS, provided, however, that once a contract with the selected consultant has been signed, the
terminating PARTNER agrees to pay its full pro-rata share of the cost of the consultant contract to MWC.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
Page 14of4
In WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their proper officers on the
dates noted below.
A Gill l _
Brad Taylor (Ja 5, 2019) Jan 25, 2019 Christopher C ayton (Jan Jan 25, 2019
Brad Taylor DATE Chris Clayton DATE
General Manager City Manager
Medford Water Commission City of Central Point
LWY Naddinja
Kelly Madding (Feb 22, 019)
Kelly Madding
City Administrator
City of Ashland
Jeff Ivis (Feb 25, 2019)
Feb 22, 2019 IIt„ry l , ,r eb 22, 2019
DATE Henry Lawrence DATE
City Administrator
City of Eagle Point
Feb 25, 2019
Jeff Alvis DATE
City Administrator
City of Jacksonville
Sandra s olliscy
l df, S ;: "',;(_ I,Iar 18, 2019) Mar 18, 2019
Sandra Spelliscy DATE
City Manager
City of Talent
Aaron PrLmty (Mar 18, 2 9)
Aaron Prunty
City Manager
City of Phoenix
Mar18,2019
DATE
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
r7cGlS!
Water Solutions, Inc.
February 7, 2020
Executive Summary
Water Rights Strategy for Partner Water Providers
I. Introduction
GSI Water Solutions, Inc. (GSI) is assisting the Partner Water Providers (Partners) to develop a
water rights strategy. The Partners include the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent (jointly the Partner Cities) and Medford Water Commission
(MWC).1 In early 2019, the Partners signed a Cooperative Agreement to develop the strategy
recognizing the benefits of mutual cooperation and the vital importance of providing source
water to their respective customers for public health, safety and welfare, and for sustaining
economic development.
The water rights strategy focuses on the Partners' water rights and water supply associated with
the MWC Duff Water Treatment Plant (Duff WTP) on the Rogue River. During the months of
May through September (peak season), much of the MWC's water supply and all of the Partner
Cities' water supply is treated at the Duff WTP. During this peak season period, the Partner
Cities currently rely on water rights they have obtained and hold Treat and Transport agreements
with the MWC.
As the Partners plan for their long-term water supply needs, it is important that they have a full
understanding of the status of their water rights and develop a common strategy to protect and
secure them. The water rights strategy is intended to meet those needs.
II. Process
To develop the water rights strategy, GSI initially prepared a comprehensive water rights
summary, which enabled the Partners to develop a shared understanding of the water rights at the
Duff WTP. Next, GSI developed a consolidated water demand projection for each of the
Partners, which included the maximum anticipated demands for the years 2030, 2040 and 2070.
GSI then compared the Partners' individual and collective demands with their water rights. This
evaluation showed that some of the Partners' water rights will likely provide them with sufficient
supply past the year 2070, while other Partners' water rights do not provide sufficient water
supply to meet current demands. The evaluation also showed that if the Partners shared their
water supplies, they would have sufficient supply to meet all of their demands through 2070.
1 MWC's customers include customers within the City of Medford, White City, Elk City and Charlotte Ann Water Districts, as well as
other customers served by MWC outside of its service area (Outside Customers).
EXECUTIVE SUMMARY -WATER RIGHTS STRATEGY FOR PROJECT PARTNERS
GSI WATER SOLUTIONS, INC.
III. Goals, Interests and Priorities for Water Rights Strategy
The above -described differences between the Partners' water rights and projected water demands
demonstrate the value of a strategy related to the Partner water rights at the Duff WTP. The
strategy is intended to meet the following goals, interests, and priorities:
• Ensure that the water rights at the Duff WTP are strategically managed.
• Secure a long-term water supply for all Partners.
• Eliminate the need for Partners to unnecessarily purchase additional water rights.
• Retain each Partners' ownership of its existing water rights and create opportunities to
obtain value for the water rights.
• Treat White City, Elk City and Charlotte Ann Water Districts, and other customers
served by MWC outside of its service area (Outside Customers) equitably.
IV. Strategic Management of Partners' Existing Water Rights
A. Reasons for Developing Coordinated Approach to Water Rights and Water Use
GSI recommends that the Partners consider developing a coordinated approach to managing their
water rights and water supply. This coordination could include not only coordinated
management of the water rights at the Duff WTP, but also creation of an opportunity for the
Partners to share their combined water supplies. Coordination will also be necessary to
strategically secure the 20 existing water rights at the Duff WTP. Additionally, if the Partners
established a combined water supply, it could address the imbalances between water rights and
projected water demands that have been previously described, and eliminate the need for the
purchase of additional water rights to meet their individual needs. Further, establishing a
combined water supply could provide the Partners with some level of supply redundancy; that is,
the arrangement could enable each Partner to obtain water from more than one source of supply.
B. Conceptual Framework for Water Supply Sharing
GSI and the Partners considered multiple approaches to sharing water supply. Based on GSI's
understanding of the Partners' goals, interests, and priorities, as well as the Partners' water
supplies and demands, GSI recommended an approach that provides an opportunity to meet the
Partners' near -term and long-term goals without jeopardizing any of the Partners' water rights.
In addition, the Partners would pool their water rights to establish a diverse water rights
portfolio.
Under the recommended option, the Partner Cities and MWC would enter into an
intergovernmental agreement (IGA) to work together on regional water supply. The IGA would
describe how the water rights and water supply would be shared, which would occur in two
phases. Until the Duff WTP capacity was expanded to 100 cfs in approximately 2028, the
Partner Cities and the Outside Customers would share their water supplies. MWC could track
EXECUTIVE SUMMARY -WATER RIGHTS STRATEGYFOR PROJECT PARTNERS
GSI WATER SOLUTIONS, INC.
each entity's water use and compare that with the entity's individual water rights to determine
whether any compensation was required for use of another entity's water rights. Additionally,
the Partners would follow an agreed -upon strategy to request water right certificates for their
water rights.
In the second phase of this option, the MWC would modify its agreements with the Partner
Cities and Outside Customers and would begin to provide them with surplus water. The water
rights held by the MWC and the Partner Cities would be placed into a regional water supply
pool, which would be managed by the MWC. This would result in the Partners having a diverse
water supply portfolio. The Partner Cities would retain ownership of their water rights, and the
IGA would include a mechanism by which any of the Partner Cities could withdraw from the
group.
The MWC would compensate the Partner Cities for any Operation and Management (O&M)
costs it incurred associated with contracts for stored water that was being used by the Partners.
The MWC would also provide Partner Cities with compensation (based on negotiations between
each Partner City and the MWC) for water rights used by the Partners. The rate the Partner
Cities pay to the MWC would reflect these expenses.
V. Summary of Recommended Option
The option recommended by GSI provides an approach to meeting the Partners' near -term and
long-term water supply goals without jeopardizing any of the Partners' collective water rights.
In the near term, the recommended option provides a method for the Partner Cities and MWC on
behalf of the Outside Customers to initiate a shared water supply strategy. It then changes
relatively quickly to reset the relationship with the MWC, which would then provide surplus
water supply to the Partner Cities and Outside Customers. In addition, the Partners would pool
their water rights to establish a diverse water rights portfolio. Finally, this option minimizes
water rights transactions, such as extensions of time for permits and transfers, and decreases the
risks associated with these transactions.
VI. Next Steps
Establishing a water sharing agreement will require completing a series of steps or actions. The
following is a brief summary of some of the actions that will be required:
• The Partners' staff communicate with their councils/boards, and seek approval to develop
a scope of work to develop an IGA.
• Staff develop the scope of work for drafting the IGA, and take the scope of work to city
councils/ board for approval.
• Staff develop a draft IGA.
0 Staff take the draft IGA to their city councils/board for review and approval.
Attachment 2
Water Rights Certification Strategy Table
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Water Rights Certification Strategy Table
.- pment
Ac on (cfs) Deadline
Total Rate in Water Right Certificate Status
(cfs)
TP - Existing Capacity — 70 cfs
7Central
nt Status - Existing Certificates and Pending COBUs
Point's Certificate 93754
1.13
WA
65.26
ral Point's Certificate 93755
1.13
WA
Eagle Point's Certificate 88552
0.90
N/A
Eagle Point's Certificate 89864
1.25
N/A
Jacksonville's Certificate 87360
No rate (400 AF)
N/A
MWC's Certificate 86832
60.85
WA
Talent's Certificate 91134
No rate (533 AF)
N/A
Central Point's Transfer T-1 0465
1.20
10/1/2014
66.46
Eagle Point's Transfer T-10527
0.50
10/1/2013
66.96
Phoenix's Permit S-47672 (COBU on hold)*
5.0
101112001
(71.96)
Transactions
Certificate Central Point's TransferT-9900
1.846
10/1/2030
68.806
Certificate Eagle Point's Transfer T-10614
1.15
10/1/2030
69.956
Certificate Ashland's Permit S54337*
No rate (1,000 AF)
9/7/2021
69.956
Total at this capacity
69.956 cis
Duff WTP Capacity — 100 cfs in approximately 2028
Certificate Jacksonville's Permit S-54974`
No rate (200 AF)
11/19/2035
69.956 cis
Certificate Talent's Permit S-53898'
No rate (759 AF)
10/1/2065
69.956 cfs
Certificate Phoenix's Permit S-47672
5.0
10/1/2001
74.956
Certificate Eagle Point's Transfer T-1 0960
1.77
10/1/2030
76.726
Certificate Eagle Point's Transfer T-12221
0.7
10/1/2030
77.426
Certificate Phoenix's Permit S-52650
3.1
10/1/2030
80.526
Partially certificate MWC's Permit S-54935 (estimated rate)
19.474
1011/2056
100
Total at this capacity
100 cfs
Duff WTP Capacity — 131 cfs in approximately 2036
Partially certificate MWC's Permit S-23210 31
10/1/2050
131
Total at this capacity
131 cfs
Duff WTP Capacity — 162 cfs (TBD)
Partially certificate remainder of MWC's Permit S-23210
8.15
10/1/2050
139.15
Partially certificate MWC's Permit S-54935 (estimated rate)
22.85
10/1/2056
162.0
Extend MWC's Permit S-54935 as needed
i 10/1/2056
Total at this capacity
162.0 cfs
Duff WTP Capacity — 193 cfs (TBD)
Certificate remainder of MWC's Permit S-54935 (estimated rate) 7.676
10/1/2056
169.676
Total at this capacity
1
169.676 cfs
Notes
* These steps assume that certificating the -volume-only" water rights would not negatively impact the ability to certificate the other Partner water rigltts, and all elements of seeking a certificate can be met.
AF: acre-feet cfs: cubic feet per second
COBU: claim of beneficial use MWC Medford Water Commission
Attachment 3
Water Meters
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Meters and Information Source Documentation
Water User
Meter Description
Source of Information
Notes:
Central Point
BEALL MASTER
MWC Data Export
Central Point
HOPKINS
MWC Data Export
Central Point
VILAS MASTER 10"
MWC Data Export
Eagle Point
AVENUE G NORTH 8"
MWC Data Export
Eagle Point
AVENUE G SOUTH 6"
MWC Data Export
Eagle Point
STEVENS & RILEY4"
MWC Data Export
Eagle Point
VISTA POINTE #1
MWC Data Export
Eagle Point
VISTA POINTE #2
MWC Data Export
Jacksonville
MADRONE/OAKGROVE 6"
MWC Data Export
Phoenix MWC
Garfield St and Kings Avenue Meter
MWC Data Export
Phoenix has two connections to the MWC system, one
direct connection at Garfield and Kings and the
connection via TAP. This is the direct connection.
Phoenix TAP
TAP Master Meter on Samike Drive
less Talent Meter
RVCOG Monthly Utility
Billing Data
Phoenix TAP usage is the equal to the total from the
TAP master meter at Samike, less what is measured at
the Talent Meter on the TAP line.
Talent
Talent Meter at intersection Bear
Creek Drive and Main Street in
Phoenix less Ashland usage
RVCOG Monthly Utility
Billing Data
Talent usage is the total of the Talent meter, less
Imeasured Ashland usage.
Ashland
Creel Road and Highway 97
RVCOG Monthly Utility
Billing Data
Attachment 4
Participating Partner Cities' Authorized Water Volumes
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Partner Cities' Authorized Water Volumes
Water Right
Authorized Water Volume
From Water Right
(acre-feet)
Calculated from Rate
(acre-feet)
Total Authorized
Water Volume
(acre-feet)
Ashland
Permit S-54337
1,000
Total
1,000
1,000
Central Point
Transfer T-9900
666.0
Certificate 93754
412.4
Certificate 93755
412.4
Transfer T-10465
438.0
Total
1,104.0
824.8
1,928.8
Eagle Point
Certificate 88552
321.3
Transfer T-10527
181.5
Transfer T-10614
273.7
Transfer T-10960
520.3
Certificate 89864
356.94
Transfer T-12221
207.2
Total
1,860.94
1,860.94
Jacksonville
Certificate 87360
400.0
Permit S-54974
200.0
Total
600
600
Phoenix
Permit S-47673
400
Permit S-52650
600
Total
1,000
1,000
Talent
Permit S-53898
759.0
Certificate 91134
533.0
Total
1,292
1,292
Partner Cities'
Authorized Water
Volumes
6,856.94
824.8
7,681.74
Attachment 5
Example Allocation of Excess Water Use
................................................................................................................................................................................................................................................................
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Example Allocation of Excess Water Use:
Four cities hold water rights and use water as follows. Medford Water would calculate
excess water use and unused water rights as shown in the column labeled "difference"
city
Water Rights
A
Water Use
A
Difference
A
City A
500
1,490
-990 (excess water use)
City B
1,000
750
250 unused water rights)
city C
1,500
1,000
500 (unused water rights)
City D
2,000
1,000
1,000 (unused water rights)
Medford Water would calculate the compensation that City A (the only City with excess water
use) would need to provide to Cities B, C and D (who had unused water rights) as follows:
o Total excess use - 990 AF
o Cities B, C, D -each compensated for 250 AF (up to maximum of City B's water
rights), which accounts for 750 AF
o Remaining excess use - 240 AF
o Cities C and D - each compensated for 120 AF (for a total of 370 AF each)
Attachment 6
Example Calculation of Average Annual Cost per Acre-Foot
........................................................................................................................................... ............................................................................................... .
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Table 1: Example Calculation of Total Annual O&M Costs for Storage Space (See VI1.B.1. in IGA)
Name
Application
Permit
Contracted Storage
Space (AF)
Total O&M Cost
(2020)
Ashland
S-85733
S-54377
1000
$9,653.00
Jacksonville
S-80641
S-53445
400
$14,479.50
Jacksonville
S-88088
S-54974
200
$9,653.00
Phoenix
S-60890
S-47672
400
$24,132.50
Phoenix
S-71996
S-52650
600
$31,179.19
Talent
S-84029
S-53898
759
$4,826.50
Totals
3,892
$93,923.69
Table 2: Example Calculation of Total RR&R Costs for Storage Space (See VII.B.2. in IGA)
Name
Application
Permit
Contracted Storage
Space (AF)
Total RR&R Cost
(2020)
Ashland
S-85733
S-54377
1000
$0
Jacksonville
S-80641
S-53445
400
$0
Jacksonville
S-88088
S-54974
200
$0
Phoenix
S-60890
S-47672
400
$0
Phoenix
S-71996
S-52650
600
$0
Talent
S-84029
S-53898
759
$0
Totals
3,892
$0
Table 3: Example Calculation of 5-year Rolling Average RR&R Cost (See VII.B.3. in IGA)
Year
RR&R Cost
2016
$0.00
2017
$0.00
2018
$0.00
2019
$0.00
2020
$0.00
Total
$0.00
5-year Rolling Average
(Divide Total by 5)
$0.00
Table 4: Example Calculation of Total Annual Assessment Costs (See V11.13.4. in IGA)
Holder
Type of Right
Certificate
Transfer
Maximum
Rate (
Maximum
Volume
(AF)
Period of Use
Volume
Associated
with
Irrigation
Districts
(AF)
Annual
Assessment
Costs (2020)
Central Point
Non -District
T-9900
1.846
666
1-Apr
1-Nov
N/A - Non-
District
Water Right
N/A - Non -
District Water
Right
Central Point
Non -District
Central Point
Non -District
Central Point
Non -District
Central Point
District
93754
1.13
1-Apr
1-Oct
412.4
Central Point
District
93755
1.13
1-Apr
1-Oct
412.4
Central Point
District
T-10465
1.2
447.6
1-Apr
1-Oct
438.0
$30,677.22
Central Point
District
Central Point
District
Central Point
District
Central Point
District
Eagle Point
District
88552
0.9
321.3
1-Apr
31-Oct
321.3
Eagle Point
District
T-10527
0.5
181.5
1-Apr
31-Oct
181.5
Eagle Point
District
T-10614
1.15
273.7
1-Apr
31-Oct
273.7
Eagle Point
District
T-10960
1.77
520.3
1-Apr
1-Oct
520.3
$40,800.00
Eagle Point
District
1-Apr
31-Oct
Eagle Point
District 1
89864
1.25
356.94
1-Apr
31-Oct
356.94
Eagle Point
District
T-12221
0.7
207.2
1-Apr
1-Oct
207.2
Eagle Point
District
1-Apr
31-Oct
Totals
3,123.7
$71,477.22
Table 5: Example Calculation of Average Annual Cost Per Acre Foot (See VII.B.5. and VII.C. in IGA)
Annual
Water Volumes
Costs (2020)
Associated with
the Costs (AF)
Total Annual O&M Cost For
$93 ,923.69
Storage Space
3,892
5-Year Rolling Average RR&R Cost
$0.00
for Storage Space
Total Annual Assessment Cost from
$71,477.22
3,123.7
Irrigation Districts
Totals
1 $165,400.91
7,015.70
Annual Average Cost Per Acre Foot:
(Divide Total Annual Cost by the Total Water
$23.58
Volume Associated with the Costs)
Attachment 7
Example Annual Summary Report of Water Sharing
Agreement
...................................................................................
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Table 1: Example - Volume of Water Use, Water Purchased, and Water Sold
Volume of
Authorized Water
Authorized
Annual
Excess Use/
Volume
Water
Metered
Excess
Water
Remaining After
Volume
Volume
Water Right
Water Volume
Volume Sold
Purchase/Sale
Partner City
(AF/season)
(AF)
Volume (AF)
Purchased (AF)
(AF)
(AF)
Central
Point
1928.8
2023.1
-94.4
94.4
0.0
0.0
Eagle Point
1860.9
1050.5
810.5
0.0
18.9
791.6
Ashland
1000.0
0.0
1000.0
0.0
18.9
981.1
Jacksonville
600.0
529.4
70.6
0.0
18.9
51.7
Phoenix
1000.0
540.5
459.5
0.0
18.9
440.7
Talent
1292.0
559.3
732.7
0.0
18.9
713.9
Table 2: Example - Total Cost Paid and Received by each Partner City
Average Annual
Cost ($/AF)
Water Volume
Purchased (AF)
Total Paid ($)
Water Volume
Sold (AF)
Total
Received ($)
Central Point
$23.58
94.4
$2,225.13
0.0
$0.00
Eagle Point
$23.58
0.0
$0.00
18.9
$445.03
Ashland
$23.58
0.0
$0.00
18.9
$445.03
Jacksonville
$23.58
0.0
$0.00
18.9
$445.03
Phoenix
$23.58
0.0
$0.00
18.9
$445.03
Talent
$23.58
0.0
$0.00
18.9
$445.03
Total
94.4
$2,225.13
94.4
$2,225.13
Table 3: Example - Matrix of Costs Paid by and to Each Partner City
tA
a
Receives
Central Point
Eagle Point
Ashland
Jacksonville
Phoenix
Central Point
$445.03
$445.03
$445.03
$445.03
Eagle Point
$0.00
$0.00
$0.00
$0.00
Ashland
$0.00
$0.00
$0.00
$0.00
Jacksonville
$0.00
$0.00
$0.00
$0.00
Phoenix
$0.00
$0.00
$0.00
$0.00
Talent
$0.00
$0.00
$0.00
$0.00
$0.00
Total Received
$0.00
$445.03
$445.03
$445.03
$445.03
Talent
Total Paid
$445.03
$2,225.13
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$445.03
Coordinated Water Rights Management and Water Sharing Plan
A strategic approach to water management
September 30, 2021
Water is a precious but limited resource in Southern Oregon. Because of this, the Cities of Ashland, Central
Point, Eagle Point, Jacksonville, Phoenix, and Talent —collectively referred to as the Partner Cities —and the
Medford Water Commission have come together to protect and ensure access to this vital resource.
Why is this partnership needed?
The Partner Cities hold numerous water rights that authorize the diversion of water at the Medford Water
Commission's Duff Water Treatment Plant (WTP). Because of the complications associated with managing
multiple water rights at a single point of diversion, the Partner Cities and Medford Water must work together to
manage these water rights to ensure they are protected.
This alliance also allows for the sharing of water supplies. Water sharing eliminates the need for some Partner
Cities to obtain new water rights, which would only further complicate water rights management. Ultimately,
the partnership's efforts will help diversify the region's water supply portfolio, increase the long-term reliability
of the water supplies, and provide additional tools for managing through water shortages and drought.
What is the background of the partnership?
The Partner Cities and Medford Water entered into a cooperative agreement for developing a water rights
strategy in 2o1g, and in February 2020, identified a recommended approach. The recommended approach
includes two elements (1) water rights certification coordination, and (2) a water -sharing plan.
How does water sharing work?
Under the water -sharing plan framework, the Partner Cities would retain ownership and control of their water
rights, and continue to use water under their own water rights from May 1 through September 3o each year. At
the end of each year, Medford Water would compare each city's water use to the volume of water authorized
by its water rights. Any Partner Cities that used more water than authorized by their water rights would provide
compensation to the other Partner Cities for use of water under their rights.
What are the next steps?
Staff from Medford Water and the Partner Cities have been meeting to develop an Intergovernmental
Agreement (IGA) for establishing the Coordinated Water Rights Management and Water Sharing Plan. Staff
will continue to keep their Boards and Councils updated and in the near future will bring the IGA to decision
makers for their review.
W WATOE R
qW
O•R•E•G•O•N
IL, Ak
C I T T o f CENTRAL
ASHLAND POINT
OREGON � Q
9 C
Council Business Meeting
July 19, 2022
Agenda Item
Potential Referral of Amendments to AMC Chapter 4.34, Food and Beverage Tax, to
the November 8, 2022 General Election
From
Joseph Lessard
City Manager
Doug McGeary
Acting City Attorney
Contact
joe.lessardAashland.or.us
doug.incgeanLkashland.or.us
SUMMARY
At the City Council's July 5, 2022 Business Meeting, staff was directed to return the two following alternate
Food and Beverage Tax referendum items for possible addition to the November 8, 2022 General Election
ballot:
1. Amendments to AMC Chapter 4.34, Food & Beverage Tax, to authorize use of the tax for parks
(98%) and tax administration (2%) and extending its expiration date to December 31, 2040.
2. Amendments to AMC Chapter 4.34, Food & Beverage Tax, to authorize use of the tax for general
government purposes including, but not limited to, public safety, wildfire prevention, and emergency
event housing (up to 73%) and not less than 25% of revenues for parks),city parks, open space and
trails, recreation, senior services, and emergency event housing purposes. Up to 2% of the tax would
continue to be used for administration and collection of the tax.
Item 1 above was originally put forward as a potential community initiative, but the City Recorder has been
notified by representatives of the initiative's sponsors, the Friends of Ashland Parks & Open Space Steering
Committee, that they wish to suspend its consideration for the November 8, 2022 General Election. They
also respectfully request that the City Council remove the item from consideration as a referendum item for
the November 8, 2022 General Election. Item number 2 above was put forward as the City Manager's
recommended proposal for the future use of the Food and Beverage Tax.
To approve either of the two items listed above for consideration by the voters of Ashland, the City Council
will need to take the following steps:
• Conduct first reading of the proposed ordinance at either the July 19 or August 2, 2022 City Council
Business Meeting
• Conduct second reading of the proposed ordinance, subject to the date of first reading, at either the
August 2 or August 16, 2022 City Council Business Meeting
• With second reading of the ordinance, adopt a formal resolution submitting the corresponding
ordinance and ballot title to the City of Ashland's Elections Officer (the City Recorder) for submittal
to the Jackson County Elections Officer no later than August 19, 2022, for inclusion on the
November 8, 2022, General Election ballot.
Page 1 of 2
C I T Y O F
-ASHLAND
FISCAL IMPACTS
Neither of the proposed amendments to AMC Chapter 4.34 will not alter the tax rate or level of revenues
collected from of the Food and Beverage Tax.
STAFF RECOMMENDATION
City staff recommends referring Item 2 above as a ballot measure for public vote at the November 8, 2022
General Election.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
A. At first reading of the ordinance:
o I move to approve First Reading of (either public initiative Item 1 above or Ordinance No.
3212) relating to the Food and Beverage Tax; Amending AMC 4.34.020 and AMC 4.34.160
and advance it to Second Reading for referral to a vote of the qualified voters of the City of
Ashland at the November 8, 2022 General Election.
B. At second reading of the ordinance:
o I move to approve Second Reading of Ordinance No. (to be filled in) relating to the Food and
Beverage Tax; Amending AMC 4.34.020 and AMC 4.34.160 and refer it to a vote of the
qualified voters of the City of Ashland at the November 8, 2022 General Election.
o I move to adopt Resolution No. 2022-22 referring Ordinance No. (to be filled in) to the City's
Elections Officer for a vote of the qualified voters of the City of Ashland at the November 8,
2022 General Election.
REFERENCES & ATTACHMENTS
Attachment 1. Proposed initiative ordinance amending AMC Chapter 4.34, Food and Beverage Tax (this
amendment is based on the proposed initiative identifies as Item 1 above in this Council Communication)
Attachment 2. Proposed Ordinance No. 3212 Relating to the Food and Beverage Tax; Amending AMC
4.34.020 and 4.34.160 (the City Manager's recommended proposal for general government use; Item 2
above)
Attachment 3. Draft referring Resolution No. 2022-22 (to be finalized depending on which ordinance is
referred to the Nov. 8th General Election)
Page 2 of 2
CITY OF
-AS H LA N D
SECTIONS:
4.34.010 Definitions
4.34.020 Tax Imposed
4.34.030 Exemptions
4.34.040 Operator's Duties
4.34.050 Reporting and Remitting
4.34.060 Penalties and Interest
4.34.070 Failure to Collect and Report Tax — Determination of Tax by Director
4.34.080 Appeal
4.34.090 Records
4.34.100 Refunds
4.34.110 Actions to Collect
4.34.120 Violations
4.34.130 Confidentiality
4.34.140 Examining Books, Records, or Persons
4.34.160 TERMINATION OF TAX
Referred to voters by Resolution No. 2009-22 for 11/02/2009 election - Approved by the voters YES
4130; NO 2894 - Effective December 1, 2009
Referred to voters by Resolution No. 93-02 for 3/23/93 election - Approved by the voters YES 3658; NO
2980 - Effective July 1, 1993
4.34.010 DEFINITIONS
The following words and phrases whenever used in this chapter shall be construed as defined in this
section unless from the context a different meaning is intended:
A. "Caterer" means a person who prepares food at a business site, for compensation, for
consumption on or off the business premises but within the corporate limits of the City.
B. "Combination facility" has the same meaning as defined in OAR 333-150-0000(4)(i) which the
State of Oregon Department of Agriculture licenses or inspects under OAR 333-158-0000.
C. "Director" means the Director of Finance of the City of Ashland, or his/her designee.
D. "Food" includes all prepared food items and beverages, excluding alcoholic beverages,
served in a restaurant including "takeout," "to go" or delivered orders.
E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning
as used in Article XIX A of the Ashland City Charter.
F. "Operator" means the person who is proprietor of the restaurant, whether in the capacity of
owner, lessee, sub -lessee, mortgagee in possession, licensee or any other capacity. Where the
operator is a corporation, the term "operator" shall also include each and every member of the
Board of Directors of such corporation for the time involved.
G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit
or pushcart by the State of Oregon Health Division and includes any establishment where food
or beverage is prepared for consumption by the public or any establishment where the public
obtains food or beverage so prepared in form or quantity consumable then and there, whether
or not it is consumed within the confines of the premises where prepared, and also includes
establishments which prepare food or beverage in consumable form for service outside the
premises where prepared. The term "restaurant" includes, but is not limited to, grocery store
delis, coffee shops, and caterers; it also includes establishments where such food or beverage is
prepared in a combination facility. The term "restaurant" does not include a restaurant licensed
by the State of Oregon Health Division as a limited service restaurant. (Ord. 3133, amended,
08/16/2016; Ord. 2991, amended, 12/01/2009)
4.34.020 TAX IMPOSED
A. Except for exempt or tax -capped activities specified in AMC 4.34.030, the City imposes and
levies, in addition to all other taxes, fees and charges of every kind, a tax upon:
1. All food and beverages sold by restaurants located within the City to the public,
except for whole cakes, pies, and loaves of bread if purchased for consumption off
premises, and for alcoholic beverages;
2. All food and beverages sold by a caterer for an event located within the City, except
alcoholic beverages and exempt events as defined in AMC 4.34.030.K;
3. The following items sold by combination facilities:
a. Salads from salad bars;
b. Dispensed soft drinks and coffee;
c. Sandwiches or hot prepared foods ready for immediate consumption;
d. The following items, including toppings or additions, scooped or otherwise
placed into a cone, bowl or other container for immediate consumption
whether or not they are consumed within the confines of the premises where
scooped or placed: any frozen dessert regulated by the Oregon State
Department of Agriculture under ORS 621.311 and any ice cream, ice milk,
sherbet or frozen yogurt. No tax shall be imposed under this subsection,
however, on any item whose volume exceeds one-half (1/2) gallon or more.
e. Any other food mixed, cooked or processed on the premises in form or
quantity for immediate consumption whether or not it is consumed within the
confines of the premises where prepared; and
4. The following items sold by combination facilities that are bakeries:
a. All those items listed in subsections A.3.a-d of this section;
b. All bakery products sold for consumption on the premises; and
c. All "takeout" or "to go" orders of bakery products prepared on the premises
except for whole cakes, pies, and loaves of bread and any order consisting of six
or more bakery products.
5. Use of a delivery service for any activity under this section, whether an independent
delivery service or operator provided delivery service, does not excuse the operator
from the requirement to collect and remit the tax on the food and beverages sold.
B. Such tax shall be imposed at a rate of five percent (5%) on the total amount charged by the
seller for the food and beverages, or for the meal. In the computation of this tax any fraction of
one-half (1/2) cent or more shall be treated as one cent.
C. The taxes collected by the City under this chapter shall be used as follows:
1. Twenty-five percent (25%) shall be paid into the Ashland Parks and Recreation
Commission Capital Improvement Program (CIP) Fund for purposes of funding Parks
related a „arks aGG9URt fE)F PYFPeS^acquisition, planning, development, repair,
major maintenance, maior rehabilitation of Parks and Open Space lands, facilities
and amenities of such „f City „. Fks consistent with adopted plans of the Ashland
Parks and Recreation Commission.
2. Seventy-three percent (73%) shall be paid into the Ashland Parks and Recreation
Commission General Fund for the purposes of funding Parks related day-to-day
operations related expenses attributable to the performance, and in conjunction with
the adopted operating budget, of the Ashland Parks and Open Space programs.
3.-2-. The City may retain up to two percent (2%) of the tax collected for costs of
administration and collection.
4.-3-. Repealed —the final payment to the wastewater treatment plan debt was made in
2022 Th e fall„W iRg _m„ „tom f.,r fisrza1 y a Fs 2017 thre gh 2022 st h^ Se t „ay fe
Plan-
a. IR f�'ssal year 2017: c1 868 eon nn
h In for -cal Year 20 8: c1 608 600 nn
c In f seal YeaF 2019: $ cnn cnn nn
H In f;seal YeaF 2020: c1 6nn nnn nn
e. In fiscal year 2021: $1,650,000.00.
f. In fiscal year 2022: $1,650,000.00.
4. ARY taWP-S eelleeted by the City under this ehapter @Rd not used as deseFibed4a
subsections C.1 3 E)f this sP-r--VA-.R r—hall be paid 0 RtO the Street FURd and 1-1-SPAI f1A-F street
r teRaRce and r nrtr, ,-tiAn
,
appmpFiate taxes URder this chapteF as fellows:
Plat lei,- than twenty five r r,t (25%) fer the a ri+i.,., .,I-..,.,'.
, rt,
.d.,.,. lepment, repaird n rehabilitation of Gity parks
h IAIA-t I.,r-r than a aFneURt necessary to pay fee debt service hr.
fer st Feet repair and r habilitatiOR per the City of Ashland PayemeRt
MaRage meRt PFogram
c. Up to twe percent (2%) fer the collection -,.,.•I a dmi.,istration efth„ tax
rl Except a pFevided i subsection D of this serA'., RtS
purposes are appFeved by a /".,URGil adept.+.- ..r.dir.ance „ acted by a ,r.to Af+he
Arhlap d .,leet„rato
D. The Council may decrease the rate of the tax or eliminate the tax described in subsections A
and B of this section after a public hearing. Notice of the hearing shall be given by publication in
a newspaper of general circulation in the City at least ten days prior to the date of the public
hearing. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009)
4.34.030 EXEMPTIONS
The tax levied by AMC 4.34.020 shall be capped, at the amount specified, or shall not be collected or
assessed on food or beverages:
A. Sold by public or private schools or colleges except that food sold by independent contractor
operators at such schools or colleges shall be subject to the tax imposed by this chapter;
B. Sold on hospital grounds;
C. Provided by bed and breakfast establishments to their guests;
D. Sold in vending machines;
E. [we may want to consider deleting this section since food trucks and other temporary
restaurants are more prevalent now than when this was writtenlSold in temporary restaurants
including food stands, booths, street concessions and similar type operations, operated by
nonprofit organizations or service clubs;
F. Served in connection with overnight or residential facilities — including, but not limited to,
convalescent homes, nursing homes, retirement homes and motels — if the food and beverage
are provided as part of the cost of sleeping accommodations;
G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a
recognized senior citizen nutritional program;
H. Sold for resale to the public;
I. Sold in bulk to the public for nonimmediate consumption off the premises including but not
limited to Ice cream packed in a container of one-half (1/2) gallon or more;
J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream,
frozen yogurt, cakes, pies or other desserts;
K. Sold by an operator at a single food service event located within the City in which restaurant
or catering services (exclusive of alcohol) exceed $5,000.00, in which case, the applicable food
and beverage tax shall not be excused but shall be capped at $250.00. (Ord. 3133, amended,
08/16/2016; Ord. 2991, amended, 12/01/2009)
4.34.040 OPERATOR'S DUTIES
Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as
the amount for the food or beverage is collected from every purchaser. The amount of tax need not be
separately stated from the amount of the food or beverage. Every operator required to collect the tax
imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of
collections and remittance. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009)
4.34.050 REPORTING AND REMITTING
A. Reporting. Every operator shall, on or before the last day of the month following the end of
each calendar quarter (in the months of April, July, October and January), make a return to the
Director, on forms provided by the City, specifying the total sales subject to this chapter and the
amount of tax collected under this chapter. The operator may request or the Director may
establish shorter reporting periods for any operator if the operator or director deems it
necessary in order to insure collection of the tax and the Director may require further
information in the return relevant to payment of the liability. A return shall not be considered
filed until it is actually received by the Director.
B. Remitting. At the time the return is filed, the full amount of the tax collected shall be
remitted to the Director. Payments received by the Director for application against existing
liabilities will be credited toward the period designated by the taxpayer under conditions which
are not prejudicial to the interest of the City. A condition which is considered prejudicial is the
imminent expiration of the statute of limitations for a period or periods.
C. Order of Payments. Nondesignated payments shall be applied in the order of the oldest
liability first, with the payment credited first toward any accrued penalty, then to interest, then
to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific
reporting period will be first applied against any accrued penalty, then to interest, then to the
underlying tax. The Director, when in the Director's discretion determines that it will be in the
best interest of the City, may specify that a different order of payment credit should be followed
with regard to a particular tax or factual situation. The Director may establish shorter reporting
periods for any operator if the Director deems it necessary in order to insure collection of the
tax and the Director may require further information in the return relevant to payment of the
liability. When a shorter return period is required, penalties and interest shall be computed
according to the shorter return period. Returns and payments are due immediately upon
cessation of business for any reason. All taxes collected by operators pursuant to this chapter
shall be held in trust for the account of the City until payment is made to the Director. A
separate trust bank account is not required in order to comply with this provision. (Ord. 3133,
amended, 08/16/2016; Ord. 2991, amended, 12/01/2009; Ord. 2903, amended, 01/06/2004;
Ord. 2885, amended, 08/06/2002)
4.34.060 PENALTIES AND INTEREST
A. Any operator, who fails to remit any portion of any tax imposed by this chapter within the
time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the
amount of the tax.
B. Any operator who fails to remit any delinquent remittance on or before a period of
60 days following the date on which the remittance first became delinquent shall pay a
second delinquency penalty of ten percent of the amount of the tax in addition to the
amount of the tax and the penalty first imposed.
C. If the Director determines that the nonpayment of any remittance due under this chapter is
due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition
to the penalties stated in subsections A and B of this section.
D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this
chapter shall pay interest at the rate of one percent per month or fraction thereof on the
amount of the tax, exclusive of penalties, from the date on which the remittance first became
delinquent until paid.
E. Every penalty imposed and such interest as accrues under the provisions of this section shall
become a part of the tax required to be paid.
F. Notwithstanding AMC 4.34.020.C, all sums collected pursuant to the penalty provisions in
subsections A, B and C of this section shall be distributed to the City of Ashland Central Service
Fund to offset the costs of auditing and enforcement of this tax.
G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived
pursuant to AMC 2.28.045.D. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended,
12/01/2009; Ord. 2983, amended, 05/05/2009)
4.34.070 FAILURE TO COLLECT AND REPORT TAX — DETERMINATION OF TAX BY DIRECTOR
If any operator should fail to make, within the time provided in this chapter, any report of the tax
required by this chapter, the Director shall proceed in such manner as deemed best to obtain facts and
information on which to base the estimate of tax due. As soon as the Director shall procure such facts
and information as is able to be obtained, upon which to base the assessment of any tax imposed by this
chapter and payable by any operator, the Director shall proceed to determine and assess against such
operator the tax, interest and penalties provided for by this chapter. In case such determination is
made, the Director shall give a notice of the amount so assessed by having it served personally or by
depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the
last known place of address. Such operator may make an appeal of such determination as provided in
AMC 4.34.080. If no appeal is filed, the Director's determination is final and the amount thereby is
immediately due and payable. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009;
Ord. 2885, amended, 08/06/2002)
4.34.080 APPEAL
Any operator aggrieved by any decision of the Director with respect to the amount of such tax, interest
and penalties, if any, may appeal pursuant to the administrative appeals process in AMC 2.30.020,
except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax
due. The hearings officer shall hear and consider any records and evidence presented bearing upon the
Director's determination of amount due, and make findings affirming, reversing or modifying the
determination. The findings of the hearings officer shall be final and conclusive, and shall be served
upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found
to be due shall be immediately due and payable upon the service of notice. (Ord. 3133, amended,
08/16/2016; Ord. 2991, amended, 12/01/2009; Ord. 2885, amended, 08/06/2002)
4.34.090 RECORDS
It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed
by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to
determine the amount of such tax. The Director shall have the right to inspect all records at all
reasonable times. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009)
4.34.100 REFUNDS
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than
once, or has been erroneously or illegally collected or received by the City under this chapter, it
may be refunded as provided in subsection B of this section, provided a claim in writing, stating
under penalty of perjury the specific grounds upon which the claim is founded, is filed with the
Director within one year of the date of payment. The claim shall be on forms furnished by the
Director.
B. The Director shall have 20 calendar days from the date of receipt of a claim to review the
claim and make a determination in writing as to the validity of the claim. The Director shall
notify the claimant in writing of the Director's determination. Such notice shall be mailed to the
address provided by claimant on the claim form. In the event a claim is determined by the
Director to be a valid claim, an operator may claim a refund, or take as credit against taxes
collected and remitted, the amount overpaid, paid more than once or erroneously or illegally
collected or received in a manner prescribed by the Director. The operator shall notify Director
of claimant's choice no later than 15 days following the date director mailed the determination.
In the event claimant has not notified the Director of claimant's choice within the 15-day period
and the operator is still in business, a credit will be granted against the tax liability for the next
reporting period. If the operator is no longer in business, a refund check will be mailed to
claimant at the address provided in the claim form.
C. No refund shall be paid under the provisions of this section unless the claimant established
the right by written records showing entitlement to such refund and the Director acknowledged
the validity of the claim. (Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009;
Ord. 2903, amended, 01/06/2004)
4.34.110 ACTIONS TO COLLECT
Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt
owed by the operator to the City. Any such tax collected by an operator which has not been paid to the
City shall be deemed a debt owed by the operator to the City. Any person owing money to the City
under the provisions of this chapter shall be liable to an action brought in the name of the City of
Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland,
when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection
agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the
event the City turns over a delinquent tax account to a collection agency, it may add to the amount
owing an amount equal to the collection agency fees, not to exceed the greater of $50.00 or 50 percent
of the outstanding tax, penalties and interest owing. (Ord. 3133, amended, 08/16/2016; Ord. 2991,
amended, 12/01/2009; Ord. 2931, amended, 09/19/2006; Ord. 2885, amended, 08/06/2002)
4.34.120 VIOLATIONS
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter
for any operator or other person to:
A. Fail or refuse to comply as required herein;
B. Fail or refuse to furnish any return required to be made;
C. Fail or refuse to permit inspection of records;
D. Fail or refuse to furnish a supplemental return or other data required by the Director;
E. Render a false or fraudulent return or claim;
F. Fail, refuse or neglect to remit the tax to the City by the due date.
Violation of subsections A-D and F above shall be considered a Class I violation. Filing a false or
fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies
provided by this section are not exclusive and shall not prevent the City from exercising any other
remedy available under the law, nor shall the provisions of this chapter prohibit or restrict the City or
other appropriate prosecutor from pursuing criminal charges under state law or City ordinance. (Ord.
3133, amended, 08/16/2016; Ord. 3023, amended, 08/03/2010; Ord. 2991, amended, 12/01/2009; Ord.
2885, amended, 08/06/2002)
4.34.130 CONFIDENTIALITY
Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to
divulge, release or make known in any manner any financial information submitted or disclosed to the
City under the terms of this chapter. Nothing in this section shall prohibit:
A. The disclosure of the names and addresses of any person who is operating a restaurant; or
B. The disclosure of general statistics in a form which would prevent the identification of
financial information regarding an individual operator; or
C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution
of any criminal or civil claim or an appeal for amount due the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt information is
ordered under public records law procedures; or
E. The disclosure of records related to a business's failure to report and remit the tax when the
report or tax is in arrears for over six months or the tax exceeds $5,000.00. The City Council
expressly finds and determines that the public interest in disclosure of such records clearly
outweighs the interest in confidentiality under ORS 192.501(5). (Ord. 3133, amended,
08/16/2016; Ord. 2991, amended, 12/01/2009; Ord. 2885, amended, 08/06/2002)
4.34.140 EXAMINING BOOKS, RECORDS, OR PERSONS
The City, for the purpose of determining the correctness of any tax return, or for the purpose of an
estimate of taxes due, may examine or may cause to be examined by an agent or representative
designated by it for that purpose any books, papers, records, or memoranda, including copies of
operator's state and federal income tax return, bearing upon the matter of the operator's tax return
(Ord. 3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009; Ord. 2885, amended,
O8/06/2002)
4.34.160 TERMINATION OF TAX
This chapter shall expire on December 31, 2038 2040, unless extended by a vote of the electorate. (Ord.
3133, amended, 08/16/2016; Ord. 2991, amended, 12/01/2009)
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ORDINANCE NO.3212
AN ORDINANCE RELATING TO THE FOOD AND BEVERAGE TAX; AMENDING
AMC 4.34.020 AND AMC 4.34.160
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code 4.34.020 is hereby amended as follows:
4.34.020 Tax Imposed
A. Except for exempt or tax -capped activities specified in AMC 4.34.030, the City imposes and
levies, in addition to all other taxes, fees., and charges of every kind, a tax upon:
1. All food and beverages sold by restaurants located within the City to the public, except for
whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for
alcoholic beverages;
2. All food and beverages sold by a caterer for an event located within the City, except
alcoholic beverages and exempt events as defined in AMC 4.34.030.K;
3. The following items sold by combination facilities:
a. Salads from salad bars;
b. Dispensed soft drinks and coffee;
c. Sandwiches or hot prepared foods ready for immediate consumption,
d. The following items, including toppings or additions, scooped or otherwise placed into
a cone, bowl or other container for immediate consumption whether or not they are
consumed within the confines of the premises where scooped or placed: any frozen
dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and
any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this
subsection, however, on any item whose volume exceeds one-half (1/2) gallon or more.
e. Any other food mixed, cooked or processed on the premises in form or quantity for
immediate consumption whether or not it is consumed within the confines of the
premises where prepared; and
ORDINANCE NO.3212
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4. The following items sold by combination facilities that are bakeries:
a. All those items listed in subsections A.3.a-d of this section;
b. All bakery products sold for consumption on the premises; and
c. All "takeout" or "to go" orders of bakery products prepared on the premises except for
whole cakes, pies, and loaves of bread and any order consisting of six or more bakery
products.
5. Use of a delivery service for any activity under this section, whether an independent
delivery service or operator provided delivery service, does not excuse the operator from the
requirement to collect and remit the tax on the food and beverages sold.
B. Such tax shall be imposed at a rate of five percent (5%) on the total amount charged by the
seller for the food and beverages, or for the meal. In the computation of this tax any fraction of
one-half (1 /2) cent or more shall be treated as one cent.
C. The taxes collected by the City under this chapter shall be used as follows:
1. Not less than twenty-five Twenty five percent (25%) shall be paid into a parks aeeou
used for purposes of acquisition, planning, development, operation, maintenance, repair
and rehabilitation of City parks, open spaces, and trails and for recreation or senior
programs per adopted plans of the Ashland v. Fks and Re ffeati n Commis .,
2. Up to seventy-three percent (73%) may be used for general government purposes
including, but not limited to, public safety, wildfire prevention, and emergency event
housing.
3.-2-. The City may retain up to two percent (2%) of the tax collected for costs of
administration and collection.
in fiseal 2017!
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a. year-
b. in fiseal 2018!
.
year-
e. in fiseal yewr 600.00.
e. f €iseal yea-- 2021! $1,6 , 0-.
ORDINANCE NO. 3212
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Win- iseal year- 202222 $1,6 ,a 0-.
a � r� etirre+.�ntire�
Program.
Up to two 0 16) for- the
Program.
Up to two 0 16) for- the
and administration of the tax.
e. per-eent eolleetion
be for
this
appropriated purposes eonsistent
with ehapter- unless other- purposes are
clue:
D. The Council may decrease the rate of the tax or eliminate the tax described in
subsections A and B of this section after a public hearing. Notice of the hearing shall be given
by publication in a newspaper of general circulation in the City at least ten (10) days prior to the
date of the public hearing. Such notice may be published in the online or electronic version
of such newspaper.
SECTION 2. Ashland Municipal Code 4.34.160 is hereby amended as follows:
4.34.160 Termination of Tax
This chapter shall expire on December 31, 2040 2030, unless extended by a vote of the
electorate.
SECTION 3. Codification. In preparing this ordinance for publication and distribution, the
City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
such limitations, may:
ORDINANCE NO.3212
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(a) Renumber sections and parts of sections of the ordinance;
(b) Rearrange sections;
(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
(d) Delete references to repealed sections;
(e) Substitute the proper subsection, section, or chapter numbers;
(f) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
(h) Correct manifest clerical, grammatical, or typographical errors.
SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 5. Referral. This ordinance is referred to the electors of the City of Ashland for
approval at the next statewide general election on November 8, 2022.
SECTION 6. Effective Date. This ordinance takes effect and becomes operative thirty (30)
days after the day on which it is approved by a majority of the voters.
PASSED by the City Council this day of , 2022.
ATTEST:
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day of
ORDINANCE NO.3212
Julie Akins, Mayor
2022.
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Reviewed as to form:
Katrina L. Brown, City Attorney
ORDINANCE NO.3212
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RESOLUTION NO.2022-22
A RESOLUTION OF THE CITY OF ASHLAND SUBMITTING TO THE VOTERS
AT THE NOVEMBER 8, 2022 GENERAL ELECTION PROPOSED AMENDMENTS TO
CHAPTER 4.34 OF THE ASHLAND MUNICIPAL CODE RELATED TO
THE FOOD AND BEVERAGE TAX
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON,
RESOLVES AS FOLLOWS:
SECTION 1. The City Council submits to the qualified voters of the City of Ashland the
question of approving or rejecting amendments to Chapter 4.34 of the Ashland Municipal Code
related to the City's food and beverage tax and which shall become effective only upon it
passage by the electorate.
SECTION 2. The City Council hereby refers this question to the ballot of the November 8, 2022
General Election.
SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson
County, Oregon, the ballot title attached hereto as "Exhibit A" and fully incorporated herein by
this reference.
SECTION 4. The City Attorney is hereby authorized to alter the text of the ballot title to comply
with any rules, procedures, or practices of the Elections Officer of Jackson County, Oregon, to
implement the requirement of Oregon law.
SECTION 5. This resolution is effective upon adoption.
ADOPTED by the City Council this day of , 2022.
SIGNED and APPROVED this
RESOLUTION NO.2022-22
ATTEST:
Melissa Huhtala, City Recorder
day of 92022.
Julie Akins, Mayor
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Reviewed as to form:
Katrina L. Brown, City Attorney
RESOLUTION NO.2022-22
Page 2 of 2
EXHIBIT A (CITY MANAGER)
BALLOT TITLE
CAPTION: PROPOSED AMENDMENTS TO ASHLAND' S FOOD AND BEVERAGE TAX
ORDINANCE
QUESTION: SHALL THE ORDINANCE BE AMENDED TO DEDICATE A PORTION OF
REVENUES TO GENERAL GOVERNMENT SERVICES AND EXTEND THE SUNSET
DATE?
SUMMARY: THE CITY OF ASHLAND'S CURRENT FOOD AND BEVERAGE TAX
ORDINANCE REQUIRES THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE
TAX COLLECTED BE APPROPRIATED FOR THE ACQUISITION, PLANNING,
DEVELOPMENT, REPAIR AND REHABILITATION OF CITY PARKS. UP TO TWO
PERCENT MAY BE APPROPRIATED FOR THE COLLECTION AND ADMINISTRATION
OF THE TAX. THE REMAINING AMOUNT MAY BE APPROPRIATED FOR STREET
REPAIR AND FOR PARKS.
THIS MEASURE WOULD REQUIRE THAT NOT LESS THAN TWENTY-FIVE PERCENT
OF THE TAX BE APPROPRIATED FOR PARKS AND WOULD ALLOW UP TO
SEVENTY-THREE PERCENT TO BE USED FOR GENERAL GOVERNMENT
PUROPOSES INCLUDING PUBLIC SAFETY, WILDFIRE PREVENTION, AND
EMERGENCY EVENT HOUSING. THIS MEASURE WOULD ALLOW THE TAX TO BE
USED FOR PARKS OPERATIONS AND MAINTENANCE IN ADDITION TO
ACQUISITION, PLANNING, DEVELOPMENT, REPAIR AND REHABILITATION. IT
WOULD EXTEND THE EXPIRATION DATE OF THE TAX TO DECEMBER 31, 2040. IT
WOULD BECOME EFFECTIVE UPON APPROVAL OF ASHLAND VOTERS.
THIS MEASURE WOULD NOT CHANGE THE CURRENT TAX RATE OF FIVE PERCENT
(5%) AND PROVIDES THAT THE TAX RATE AND USE OF TAX COULD NOT CHANGE
WITHOUT VOTER APPROVAL.
EXHIBIT A (PARKS)
PET-01 CERTIFIED BALLOT TITLE
CAPTION: PROPOSED AMENDMENT TO ASHLAND'S FOOD AND BEVERAGE TAX
ORDINANCE
QUESTION: SHALL THE ORDINANCE BE AMENDED TO DEDICATE MOST
REVENUES RECEIVED FOR PARKS AND OPEN SPACE AND EXTEND THE SUNSET
DATE?
SUMMARY: THE CITY OF ASHLAND'S CURRENT FOOD AND BEVERAGE TAX
ORDINANCE REQUIRES THAT NOT LESS THAN TWENTY-FIVE PERCENT (25%) OF
THE TAX COLLECTED BE APPROPRIATED FOR THE ACQUISITION, PLANNING,
DEVELOPMENT, REPAIR AND REHABILITATION OF CITY PARKS. UP TO TWO
PERCENT (2%) MAY BE APPROPRIATED FOR THE COLLECTION AND
ADMINISTRATION OF THE TAX. THE REMAINING AMOUNT MAY BE
APPROPRIATED FOR STREET REPAIR AND REHABILITATION AND FOR PARKS.
THIS MEASURE WOULD REQUIRE THAT NOT LESS THAN NINETY-EIGHT PERCENT
OF THE TAX (98%) BE APPROPRIATED FOR CITY PARKS. THIS MEASURE WOULD
ALLOW THE TAX TO BE USED FOR PARKS OPERATIONS AND MAINTENANCE IN
ADDITION TO ACQUISITION, PLANNING, DEVELOPMENT, REPAIR AND
REHABILITATION. IT WOULD EXTEND THE EXPIRATION DATE OF THE TAX FROM
DECEMBER 31, 2030, TO DECEMBER 31, 2040. IT WOULD BECOME EFFECTIVE
UPON APPROVAL OF ASHLAND VOTERS.
THIS MEASURE WOULD NOT CHANGE THE CURRENT TAX RATE OF FIVE PERCENT
(5016) AND PROVIDES THAT THE TAX RATE AND USE OF TAX COULD NOT CHANGE
WITHOUT VOTER APPROVAL.
Council Business Meeting
July 19, 2022
I Agenda Item I Second Reading of Ordinance No. 3210 regarding notice of meetings and amending I
Ashland Municipal Code 2.04.020.F.
Joseph L. Lessard City Manager
From Katrina L. Brown City Attorney
Melissa Huhtula City Recorder
i oseph.lessard(a)ashland.or.us
Contact katrina.brownaashland.or.us
melissa.huhtula@ashland.or.us
SUMMARY
This is the time set for Second Reading of proposed Ordinance No. 3210 regarding notice of Council
meetings and amending Ashland Municipal Code (AMC) 2.04.020.F. Proposed Ordinance No. 3210 would
omit the requirement that notice of meetings be sent to a newspaper "with general local circulation" and
instead require that notice be posted at City Hall and at Council Chambers, in addition to the being posted
prominently on the City's website.
POLICIES. PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
None
BACKGROUND AND ADDITIONAL INFORMATION
In August of 2021, the City of Ashland's only print newspaper, The Ashland Daily Tidings, ceased
publication. The only other print newspaper in general local circulation in the City of Ashland is
experiencing staffing shortages and is continually extending the time required to get a public notice
published. Proposed Ordinance No. 3210 would omit the requirement that notice of meetings be posted in a
traditional newspaper with general local circulation. It would instead require that notice be posted
prominently at both City Hall and City Council Chambers in addition to being posted on the City's website.
Oregon's Public Meetings Laws (ORS 192.610 to 192.690) do not require that notice of meetings be
published in a print newspaper with local circulation. They require that notice be "reasonably calculated to
give actual notice to interested persons." (See ORS 192.640). Notice will continue to be posted prominently
on the City's website as well as at City Hall and at City Council Chambers. In addition, notice will be posted
at the online community news source Ashland.news. Council conducted First Reading of Ordinance No.
3210 at its July 5, 2022 regular business meeting and passed it to Second Reading without any amendments.
FISCAL IMPACTS
The proposed change to the noticing requirement would save the City of Ashland approximately $700 per year.
STAFF RECOMMENDATION
Staff recommends that the City Council approve Second Reading of Ordinance No. 3210 for enactment.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
Page I of 2
C 1 T Y O F
-ASH LAN D
1. I move to approve Second Reading of Ordinance No. 3210 for enactment.
2. 1 move to amend Ordinance No. 3210 as follows ....
REFERENCES & ATTACHMENTS
Proposed Ordinance No. 3210
Page 2 of 2
CITY OF
-ASH LAN D
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ORDINANCE NO. 3210
AN ORDINANCE REGARDING THE NOTICE OF MEETINGS; AMENDING
ASHLAND MUNCIPAL CODE 2.04.020
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold fined through, and additions are bold underlined.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Chapter 2.04.020 is hereby amended as follows:
2.04.020
A. Regular Meetings. The regular sessions of the Council are on the first and third Tuesday of
each month unless otherwise arranged, beginning at 6:00 p.m. Meetings are required to end no
later than 9:30 p.m., except in the following circumstance:
1. If a motion or any amendment to a motion has been made and has been seconded if a
second is required, deliberation on the motion shall be allowed to continue until no later than
9:40 p.m., at which time deliberation shall end; and any amendments to the motion and the
motion itself shall be voted upon immediately and without further deliberation or debate and
without passage of a motion to end debate.
B. Special Meetings. A special meeting may be called either by the Mayor or two members of
the Council. Notice of the time and place of such special meeting and the subjects to be acted
upon shall be delivered to all members of the Council at least seventy-two (72) hours in advance
of the time of the meeting, except in the case of an emergency, and the Council may consider and
act only upon such matters as contained in the notice.
C. Study Sessions.
1. Study sessions are for Council members to receive background information and
recommendations from staff or invitees with expertise on City business; to ask questions,
discuss options, express their individual views on matters that may be voted on in subsequent
regular or special meetings; and to provide guidance to staff. The Council may vote in study
sessions on guidance to staff concerning matters to be presented to Council for decision at
subsequent meetings. By consensus, the Council also may direct staff to take action on other
ORDINANCE NO. 3210
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matters that do not require Council decision by ordinance or resolution. No particular cases
involving quasi-judicial decisions may be discussed at study sessions.
2. Each study session shall include up to a total of fifteen (15) minutes for public forum, in
which persons may speak about any topic on the agenda for that study session. Persons
wishing to speak during public forum are to submit a "speaker request form" to the City
Recorder.
3. Study sessions shall begin at 5:30 p.m. on the day before each regular meeting unless
otherwise arranged, but shall not be held on national holidays. The Mayor or two (2)
Councilors may call a study session at any time with not less than seventy-two (72) hours'
advance notice.
D. Executive Sessions.
1. All meetings of the City Council shall be held in open sessions, except meetings that may
be closed for those purposes specified in the Oregon Public Meetings Law (ORS 192.610
through 192.690). These purposes include, but are not limited to, the employment and
dismissal of public employees, the performance evaluation of the City Manager and City
Attorney, labor negotiations, real property transaction negotiations, and consulting with legal
counsel on pending or threatened litigation. At any time during an executive session, a
Councilor who feels a matter under consideration should be addressed exclusively in open
session may state a point of order, which shall be ruled upon in the executive session as set
forth in AMC 2.04.040.C.4.b(1).
2. Notice of executive sessions shall be given as required by State law and such notice must
state the specific provision of law authorizing the session. The Mayor and City Councilors
will act in accordance with State law regarding confidentiality of information discussed in
executive sessions.
3. At the commencement of each executive session, the presiding officer must state on the
record that executive session information is confidential and may not be reported. The
proceedings may be reported if no such statement is made.
E. Emergency Meetings. The City Manager is responsible for implementation of the Emergency
Management Plan. When the City Manager determines that a state of emergency exists, the City
ORDINANCE NO. 3210
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Manager will make a declaration to that effect and will request that the Mayor call an emergency
meeting of the Council in order to ratify the declaration of emergency. The emergency meeting
of the Council will occur as soon as possible after the declaration of emergency. A quorum of the
Council may not be possible due to emergency circumstances and is not required for this
emergency meeting. Notwithstanding the advance notice requirements in subsections B, D and F
of this section, notice of the emergency meeting can be made in the most expedient manner as
determined by the City Manager and need not be seventy-two (72) hours in advance, but notice
of the emergency special meeting must be given at least twenty-four (24) hours in advance if
feasible. In any case, minutes of any emergency meeting must meet the requirements of ORS
192.640(3) and 192.650.
F. Notice of Meetings. Advance notice of at least seventy-two (72) hours shall be provided for
all meetings, except for emergency meetings. Notice shall be
Wee! eirealation and posted prominently on the City's website and at City Hall and City
Council Chambers. In the case of an emergency or when a state of emergency has been
declared, public notice appropriate to the circumstances shall be provided and reasons justifying
the lack of seventy-two (72) hours' notice shall be included in the minutes of such meeting.
SECTION 2, Codification. In preparing this ordinance for publication and distribution, the
City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
such limitations, may:
(a) Renumber sections and parts of sections of the ordinance;
(b) Rearrange sections;
(c) Change reference numbers to agree with renumbered chapters, sections or other parts;
(d) Delete references to repealed sections;
(e) Substitute the proper subsection, section, or chapter numbers;
(i) Change capitalization and spelling for the purpose of uniformity;
(g) Add headings for purposes of grouping like sections together for ease of reference; and
(h) Correct manifest clerical, grammatical, or typographical errors.
ORDINANCE NO. 3210
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SECTION 3. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
ADOPTED this day of 12022.
SIGNED and APPROVED this
Reviewed as to form:
Katrina L. Brown, City Attorney
ORDINANCE NO. 3210
ATTEST:
Melissa Huhtala, City Recorder
day of 12022.
Julie Akins, Mayor
Page 4 of 4
Council Business Meeting
July 19, 2022
Agenda Item
Approval of a Sole Source Procurement — Dry Creek Landfill Biosolids Disposal
Scott Fleury PE
Public Works Director
From
David Gies
Wastewater Treatment Plant Supervisor
Contact
scott.fleuryCc ashland.or.us 541-552-2412
david.giesCa_ashland.or.us 541-552-2335
SUMMARY
Before the Council is a request to approve a Sole Source Procurement exceeding $100,000.00. This Sole
Source Procurement will allow the Wastewater Treatment Plant Supervisor to directly award a contract to
Dry Creek Landfill for the disposal of biosolids. The term for this Sole Source Procurement will begin on
July 1, 2022 and end on June 30, 2023.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
• Maintain Essential Services — Wastewater
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
The previous Sole Source Procurement was approved by the City Council on June 1, 2021 for the term that
began on July 1, 2021 and will end on June 30, 2022 (Staff Report).
BACKGROUND AND ADDITIONAL INFORMATION
The Wastewater Treatment Plant (WWTP) operates under a Department of Environmental Quality (DEQ)
permit and the biosolids that are generated at the plant are required to be disposed of in a manner that meets
all Federal and State regulations on a daily basis. The closest local and approved disposal site for biosolids
in the Rogue Valley is Dry Creek Landfill. The staff at the WWTP is continually focused on efficiency and
consistency in the biosolids drying process to ensure a drier product thereby reducing the weight and
effectively reducing the overall cost of disposing biosolids.
FISCAL IMPACTS
Dry Creek Landfill is raising the City's disposal rates for the upcoming fiscal year. The new disposal rate of
$65.50 per ton and/or a minimum charge of $300.00 per load will be in effect for Fiscal Year (FY) 2023. The
estimate for FY 2023 is 4,000 tons at a cost of $65.50 per ton for a total cost of $262,000.00
STAFF RECOMMENDATION
Staff recommends the public contract be awarded to Dry Creek Landfill.
Page 1 of 2
CITY Of
-ASHLAND
ACTIONS, OPTIONS & POTENTIAL MOTIONS
1. I move to approve the public contract award to Dry Creek Landfill for the disposal of biosolids
ATTACHMENTS
1. Sole Source Written Findings
2. Dry Creek Landfill, Inc. Rate Sheet Effective July 1, 2022
Page 2 of 2
C 1 T Y OF
-AS H LAN D
FORM #6
CITY OF
-AS H LA N D
SOLE -SOURCE DETERMINATION AND WRITTEN FINDINGS
GOODS AND SERVICES
Greater than $100,000
To: City Council, Local Contract Review Board
From: David Gies, Wastewater Treatment Plant Supervisor
Date: June 14, 2022
Re: Sole Source Determination and Written Findings for Goods and Services
In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there
is only one provider of a product or service of the quality and type required available.
Estimated total value of contract: $262,000.00
Project name: Dry Creek Landfill
Description of goods and services: Location for the disposal of biosolids.
Background:
The City of Ashland operates its wastewater treatment plant under a permit issued by the Oregon
department of Environmental Quality. It is required to dispose of the biosolids generated at the
WWTP on a daily basis. These solids need to be handled properly and buried in a timely manner.
The WWTP generates on average one 15 yard dump truck of solids daily. Dry Creek landfill is
the closest approved site that we can dispose of these solids for burial. The Wastewater Division
is focused on efficient cost savings and will look to improve the consistency in the biosolids
drying process to ensure a drier product thereby reducing the weight and effectively reducing the
overall cost of disposing biosolids.
Dry Creek Landfill has provided the city with a quote of $65.50 per ton with a $300.00 per load
minimum fee. The estimate for FY 2023 is 4,000 tons for a total cost of $ 262,000.00
This Sole Source Procurement is being requested for a term of one year beginning July 1, 2022
and expiring on June 30, 2023.
Form #6 - Sole Source —Goods and Services'— Greater than $100,000, Pagel of 3,6114022
Findings:
Me findings below must include factual information supporting the determination.
Market Research Overall finding:
Dry Creek Landfill is the closest approved disposal site.
[In accordance with ORS 279B.075 these are the examples offindings that should be addressed
Select at least one of the endings and prepare the determination as it specifically relates to the
good or service being procured. More than one finding can be addressed The findings are as
follows.
Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the
efficient utilization of existing goods requires the acquisition of compatible goods or
services from only one source.
N/A
Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that
the goods or services required for the exchange of software or data with other public or
private agencies are available from only one source.
N/A
Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the
goods or services are for use in a pilot or an experimental project.
N/A
Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the
goods or services are available from only one source.
N/A
Form #6 - Sole Source — Goods and Services — Greater than $100,000, Page 2 of 3, 6/14/2022
PUBLIC NOTICE•
Pursuant to OAR 137-047-0275 (2), a Contracting Agency shall give public notice of the
Contract Review Authority's determination that the Goods and Services or class of Goods and
Services are available from only one source in a manner similar to the public notice of
Competitive Sealed Bids under OkS 279B.055(4) and OAR 137-047-0300. The public notice
shall describe the Goods or Services to be acquired by a Sole Source Procurement. The
Contracting Agency shall give such public notice at least seven days before Award of the
Contract.
After the Sole Source Procurement has been approved by the City Council, the following public
notice will be posted on the City's website to allow for the seven (7) day protest period.
Date Public Notice first appeared on www.ashland.or.us - [Enter date
PUBLIC NOTICE
Approval of a Sole Source Procurement
First date of publication: Enter date
A request for approval of a Sole Source procurement was presented to and approved by
the City Council, acting as the Local Contract Review Board, on [Enter date].
It has been determined based on written findings that the following Goods and Services
are available from only one source.
[Enter description ofgoodV and services, name ofprospective supplier and/or service
Provider , cost, terms of co tract, etc.]
The contract terms, conditions and specifications may be reviewed upon request by
contacting [Enter City contact name, department, and telephone number]
An affected person may protest the determination that the personal services are available
from only one source in accordance with OAR 137-047-0710. A written protest shall be
delivered to the following address: City of Ashland, [Enter department name, contact
name, and complete addr s]. The seven (7) day protest period will expire at 5:00pm on
[Enter date -seven calenda days from first date of publication]
This public notice is being published on the City's Internet World Wide Web site at least
seven days prior to the award of a public contract resulting from this request for approval
of a Sole Source procurement.
Form #6 - Sole Source - Goods and Semes - Greater than $100,000, Page 3 of 3, 6/14/2022
roguedisposal.com
May 24, 2022
City of Ashland — Street Sweep
90 N Mountain Avenue
Ashland, OR 97520
Dear Customer,
At Dry Creek Landfill, we w rk hard to provide affordable and comprehensive services for the
safety and protection of our Icommunity and our environment. In order to keep pace with
changes in the cost of providing these services, it's necessary we periodically review and adjust
our rates.
Effective July I, 2022, the new rate for general disposal of Street Sweep Tonnage at our landfill
will be $16.28 per ton.
Thank you for your understanding and for being our valued customer. Please reach out to us at
541.779.4161 or visit us at roguedisposal.com if have any questions.
Jenifer Stuber, PE
General Manager
Dry Creek Landfill
Office 541.494.5455
Mobile 541.841.2087
ONE WEST MAIN • SUITE 401 . MEDFORD, OREGON 97501 • 541.779.4161
Council Business Meeting
July 19, 2022
Agenda Item
Contract Amendment to Japanese Garden Specialty LLC.
From
Michael A. Black, AICP
APRC Director
Contact
Michael.Black(a)-ashland.or.us
SUMMARY
Council approved Resolution No. 2020-19 for the approval of an Exemption of a Public Improvement Contract for the
Japanese Garden Redesign Project on October 20, 2020 and awarded the contract to Japanese Garden Specialty LLC. An
amendment to the contract is being requested for $317,669.00 (25%) for project additions of fencing, decorative posts, garden
deck installation, landscape lighting, welcome booth and other ancillary materials associated with those improvements. This
project is being funded by a grant through the Ashland Parks Foundation. The garden is expected to be open in 2022 and these
contract amendments area necessary to ensure the garden will be open and functional on time.
The geneses of these changes are material cost related and represent the addition of some items that were not previously
included in the original plan and are being made possible by generous gifts from donors. Without these donations, this project
would not be possible.
The Parks Commissioners have approved the context of the plan and the City Council is reviewing the contract for compliance
with the following regulations.
This contract is an Exemption from Competitive bidding therefore any amendments requires Council approval per OAR 137-
049-0910(4) ".....Amendments may be made only when: (4)(c) In the case of a Contract obtained under an Alternative
Contracting Method, any additional Work was specified or reasonably implied within the findings supporting the competitive
bidding exemption
POLICIES, PLANS & GOALS SUPPORTED
APRC Commission Goals 2019-21 Biennium
Goal 17: Continue to be part of the solution for realizing an Authentic Japanese Garden in Lithia Park and securing a large
donation to accommodate the building and long-term maintenance of the garden
PREVIOUS COUNCIL ACTION
Council approved Resolution No. 2020-19 for the approval of an Exemption of a Public Improvement Contract for the
Japanese Garden Redesign Project on October 20, 2020.
The Japanese Garden Landscape project was approved in the 2019-21 Biennial budget process as a CIP (Capital Improvement
Project) for Parks.
The Ashland Parks and Recreation Commissioners (APRC) approved the design of the Japanese Garden (January 2019) The
design was amended to incorporate the 100-year old Douglas fir trees into the design and was approved by the Commission on
October 28, 2019.
At the September 23, 2020 Special Business Meeting the APRC approved the contact for the Japanese Garden construction be
awarded to Japanese Garden Specialty, LLC. and that the contract should be presented to the City Council for approval.
Page 1 of 1
C I T Y O F
-ASH LAN D
BACKGROUND AND ADDITIONAL INFORMATION
Ashland Parks Foundation (APF) received a donation of $1,380,000 million dollars from local resident Jeff Mangin and the
Marechal family in 2018 to redesign the Japanese Garden in Lithia Park. The Foundation, in return, is granting those funds and
the design of the garden, which has already been approved by the Parks Commissioners, to APRC to redesign and reconstruct
the current Japanese Garden. APF will be increasing the donation for this project to include the project additions.
Construction for the Japanese Garden Redesign began in November of 2020 and is currently eighty percent finished with
completing anticipated in the Fall of 2022. At the time of the original contract date, there were two items that were still
uncertain. This contract amendment will add the following necessary elements to the contract:
1. Four decorative posts with Solar Lanterns — $14,694.75
2. Garden Installation and Materials -
$86,148.00
3. Project Perimeter Temporary Fencing -
$23,826.25
4. Welcome Booth Materials and Construction -
$43,000.00
5. Copper Roofing for Gates and Welcome Booth -
$25,000.00
6. Contingency -
$25,000.00
7. Lighting -
$100,000.00
TOTAL $317,669.00
All funding associated with the original contract and the funds required for the increased in the contract scope are provided by
donations and grants. The largest donors being Jeffrey Mangin and the Marechal Family. Another set of donors have agreed to
add $100,000 to afford the addition of landscape lighting in the garden. There is no increase in financial requirements from
APRC or the City of Ashland as a result of this contract amendment.
These items represent changes to the contact that are required or desirable for the aesthetic and functionality of the garden. The
Ashland Parks and Recreation Commissioners are grateful to the donors who are making this improvement to the garden
possible.
FISCAL IMPACTS
The original project cost for the project was $1,380,000, which included the original contract with Japanese Garden Specialties,
LLC for $1,278,985.00 and various other costs for incidental materials and supplies. The additional project items total
$317,669 which brings the contract total to $1,596,654.00 and the project total to $1,697,669.00.
This project is being funded in total by a grant from APF and APRC will only be contributing to the project through in -kind
donations, including arborist work, excavation and demolition work and limited general labor.
The Foundation is increasing the grant to cover the additional project costs. APRC staff will offer support to the construction
with in -kind matches associated with some onsite construction and the use of some of APRC's equipment.
The primary donor has also agreed to provide up to $60,000 per year for ten years for the maintenance of the garden. During
the ten-year period, APRC and an Ashland Japanese Garden Committee will be dedicated to the fund-raising and programmatic
elements of the garden to work toward achieving financial self-sufficiency. In other words, we will be working toward a goal
of a positive ROI and the donor has generously granted the garden up to ten -years in maintenance costs while we work to
achieve that goal.
ADDITIONAL BACKGROUND
Page 1 of I
CITY OF
-ASHLAND
APF hired Landscape designer Toru Tanaka of Japanese Garden Specialty, LLC to design a new authentic Japanese Garden.
Tanaka was trained in Japan and was the Director of Portland's Japanese Garden. Very few qualified designers/contractors
exist that specialize in this area of expertise. In fact, the APF engaged the two prominent Japanese Garden Designers in the
northwest (Torn Tanaka and Hoichi Korisu) to participate in a design competition prior to selecting a designer. Toru Tanaka
won that design competition based on the conceptual plan that he produced for the APF. The Ashland Parks Foundation as the
grantor of this project hired the designer and is requiring that Japanese Garden Specialty, LLC. be the contractor to ensure that
cultural sensitivities and accuracies are carried from the design to the construction.
The current Japanese style garden in Lithia Park was evaluated during the Lithia Park Master Plan Process. During design
week in June 2018, it was determined that the garden could potentially be redesigned and even expanded without negatively
affecting the adjoining park spaces. A few of the core garden needs identified in the project include creating a truly authentic
Japanese Garden that is respectful of the history and culture of this unique garden form and making the garden ADA
accessible.
Ashland Parks and Recreation staff and the Ashland Parks Foundations held two public information/workshops on August 1
and August 9, 2018, to engage the public about the Japanese Garden redesign.
The Japanese Garden plans were originally approved in January of 2019. Soon after the approval, which included the removal
of two 100-year old Douglas fir trees, the plans for the garden were put on hold by the donor and the Parks Foundation who
were funding the project. The plan was amended to incorporate the 100-year old Douglas fir trees into the design and the plans
for the bamboo garden have been scrapped. The amended plan was approved by the Commission on October 28, 2019
APRC has presented the Japanese Garden design to the Tree Commission, Historic Commission, Community Development,
and Public Works.
CEAP — This project is a landscape project and has minimal long-term environmental impacts. The design does not include the
use natural gas or fossil fuels. This project is as water efficient as possible while maintain the authenticity of a traditional
Japanese Garden and will make upgrades to the aging irrigation system. Recycled materials will be used when possible
including wood and boulders.
STAFF RECOMMENDATION
The Japanese Garden has been reconstructed several times over the 100 years since it was installed. There was a major
reconstruction in the 1950s and then again in the 1980s. One of the challenges with maintaining a living landscape is that it will
always need regeneration after a time. The Japanese Garden is at a point when regeneration, or reconstruction, is necessary in
order to maintain the aesthetic that so many people enjoy. The fact that we can regenerate the garden without public funds, and
that we have secured what amounts to a $600,000 maintenance endowment over ten years, is why we are so excited about
moving this project forward at this point.
The garden needs work to maintain its aesthetic. It also requires an accomplished designer who is qualified in both the physical
and cultural requirement to design and build an authentic Japanese Garden. We have been granted a gracious gift to not only
maintain but expand the garden's aesthetic and we are excited to move this project forward. This project will also employ
several local contractors and their employees for up to two years.
Staff recommends the approval of the change order to increase the Japanese Garden project by $317,669.00
ACTIONS. OPTIONS & POTENTIAL MOTIONS
1.) I move approval of the change order to increase the Japanese Garden project contract with Japanese Garden Specialty,
LLC by $317,669.00
REFERENCES & ATTACHMENTS
Attachment 1: Form #10
Page 1 of 1
CITY OF
-ASHLAND
Attachment 2: Japanese Garden
Drawing
Attachment 3: Japanese Garden Sans
Bamboo
Page 1 of 1
CITY OF
-ASH LAN D
FORM#10 CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request fora Change Order
Name of Supplier I Contractor / Consultant: Japanese Garden specialty LLc Total amount of this
contract amendment:
Purchase Order Number: 20210235
$ 317,669
Title I Description: Japanese Garden Redesign
❑ Per attached contract amendment
Contract Amendment
Original contract amount
Total amount of previous contract amendments
Amount of this contract amendment
TOTAL AMOUNT OF CONTRACT
1,278,985
317,669
1,596,654
100 % of original contract
% of original contract
25 % of original contract
125 % of original contract
In accordance with OAR 137-047-0800: 1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special
Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and
conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be
provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) Th e City determines that, with all things considered, the
amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document,
contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the
amendment in the procurement documents, it would likely have increased competition or affected award of contract
Contract amendment is within the scope of procurement: YES NO (If "NO", requires Council approval I Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT — Not exceeding $5,000
INVITATION TO BID or
REQUEST FOR PROPOSAL
COOPERATIVE PROCUREMENT, QRF or
EXEMPTION PURSUANT TO AMC 2.50
❑ "YES", the total amount of contract and cumulative
amendments s $6,000.
❑ "YES', the total amount of cumulative amendments
❑ "YES', the total amount of original contract and
❑ If "NO", amount exceeding authority requires
s 25%of original contract amount or $250,000
cumulative amendments s $100K for Goods & Services, s
Council approval. Attach copy of Council
whichever is less.
$75K for Personal Services, < $50K for Attorney Fees.
Communication.
❑ If "NO", amount exceeding authority requires
❑ If "NO", amount exceeding authority requires Council
❑ Exempt —Reason:
Council approval. Attach copy of Council
approval. Attach copy of Council Communication.
PERSONAL SERVICES (Direct Appointment)
Communication.
❑ Exempt —Reason:
❑ "YES', cumulative amendments s $35,000
❑ Exempt —Reason:
❑ If "NO', requires council approval. Attach CC
INTERMEDIATE PROCUREMENT
SOLE SOURCE
EMERGENCY PROCUREMENT
Goods & Services - > $5,000 and < $100,000
❑ "YES', the total amount of cumulative amendments
s 25%of original contract amount or $250,000
❑ Written Findings: Document the nature of the
emergency, including necessity and circumstances
Personal Services - > $5,000 and < $75,000
❑ "YES", the total amount of cumulative
whichever is less.
requiring the contract amendment
amendments s 25%of original contract amount
❑ If "NO", amount exceeding authority requires
❑ Obtain direction and written approval from City
❑ If "NO", amount exceeding authority requires
Council approval. Attach copy of Council
Administrator
Council approval. Attach copy of Council
Communication.
❑ If applicable, attach copy of Council Communication
Communication.
❑ Exempt —Reason:
❑ Exempt — Reason:
❑ Exempt — Reason:
SPECIAL PROCUREMENT
INTERGOVERNMENTAL AGREEMENT
❑ "YES', the total amount of original contract and cumulative amendments are
❑ Renewal of Intergovernmental Agreement: Terms modified in accordance with initial
within the amount and terms initially approved by Council as a Special
agreement OR cost will not be more than 25%greater than initial agreement. Renewal
Procurement.
approved by City Attorney and department head affected by renewal and approved/signed
® If "NO", amount exceeding authority requires Council approval.
by City Administrator. AMC 2.28.045(B)
Attach copy of Council Communication.
❑ If "NO", Council approval is required. Attach copy of Council Communication
Project Number o 07 4 5 - 1 2 0 Account Number, 2 3 0 0 0- 7 0 4 2 o o Account Number_ _ _ _ _ _ - — _ _ _ _ _
`Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
Employee Signature: Department Head Signature:
(Equal to or greater than $5,000)
Funds appropriated for cun-ent fiscal year: YES / NO
Comments:
City Manager:
(Contract and addenda greater than $35,000)
Finance Director (Equal to orgreater than $5,000) Date
Form #10 — Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 4/23/2020
011
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7/19/202 7.
Ashland City Council Business Meeting
Public Forum Oral testimony: Susan Hall RN (Ashland)
I am here in person to address the Council, Mayor Akins, City Manager and City
Staff because I wanted to look you all in the eye when I give you my comments.
I am commenting on the events from the 7/5/2022 City Council meeting.
At that meeting, Councilor Graham charged Mayor Akins had mentioned
support for a "forensic audit" of City records on social media... because(
according to Graham) the Mayor suspected wrongdoing at the City. Councilor
Graham went on to erroneously define a forensic audit as always being done
because criminal activity is suspected. This is simply not true.
According to GAAP- Generally Accepted Accounting Principles - a forensic audit
does not imply anything. It does not presuppose criminal behavior. A forensic
audit is a detailed review which assesses the institution's internal control
structure and interviews personal. Such a review is frequently useful in revealing
financial practices that may need tightening or correcting so the institution
employs "best practices" inside department operations.
Councilor Graham refused to remove her blinders and listen to Mayor Akins as
the Mayor calmly and patiently corrected Graham's interpretations 3 times. This
absurd back and°forth continued to the point of Councilor Graham bullying Mayor
Akins repeatedly.
Councilor Graham was out of order, an embarrassment to our City and owes an
apology to Mayor Akins, CM Lessard, the City Staff present and residents
physically present at the meeting and those on ZOOM.
I request my comments be added to the record for the meeting 7/19/2022.
Thanks Skflaa(Q,P�
Susan Hall RN -Ashland