HomeMy WebLinkAbout2022-07-18 Study SessionCITY OF
-ASHLAND
CITY COUNCIL STUDY SESSION
Monday, July 18, 2022
HELD HYBRID - Council and some City Staff will be live in the Council Chambers, 1175
E. Main Street. Citizens and presenters will be joining via zoom
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to the City Recorder. The deadline for submitting written testimony or speaker request forms
will be on Monday, July 18th at 10 a.m. and must comply with Council Rules to be accepted.
5:30 p.m.
1. Public Input (15 minutes, maximum)
2. Coordinated Water Rights Management and Water Sharing Plan Intergovernmental
Agreement
3. Review and Discussion of the Imperatrice Lease
4. Look Ahead
5. Adjournment
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Council Study Session
July 18, 2022
Agenda Item Coordinated Water Rights Management and Water Sharing Plan
Intergovernmental Aqreement
From I Scott Fleury PE
Contact I Scott.fleuryCo.ashland. or. u
Public Works Director
s 541-552-2412
Item Type I Requested by Council ❑x Update ® Request for Direction ❑ Presentation ❑x
SUMMARY
Before the Council is an Intergovernmental Agreement (IGA) for a Coordinated Water Rights
Management and Water Sharing7Plan 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
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 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
Page 1 of 3
C 1 T Y OF
-ASH LAN D
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 xhe 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 28t' — Approved
Phoenix on May 2°d— Approved
Jacksonville on May 3rd — Approved
Eagle Point on May 101 —Approved
Scheduled:
Ashland — July 19`h
Talent — 3rd week of May
Page 2 of 3
CITY OF
-ASHLAND
Staff will be 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.
DISCUSSION QUESTIONS
Does the Council have any questions about the Coordinated Water Rights Management and Sharing
Agreement?
Does the Council have any questions about water rights or the certification process?
SUGGESTED NEXT STEPS
Next steps include formal approval by Council to authorize the City Manager to sign the IGA.
REFERENCES & ATTACHMENTS
Attachment #1: Coordinated Water Rights Management and Sharing Intergovernmental Agreement
Attachment #2: Fact Sheet
Page 3 of 3
C I T Y O F
-ASHLAND
INTERGOVERNMENTAL AGREEMENT FOR
A COORDINATED WATER RIGHTS MANAGEMENT AND WATER SHARING PLAN
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 1
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.
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.
VIII. 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.
XUL 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. 3`d Street
Central Point, OR 97502
If to Eagle Point:
If to Jacksonville:
If to Phoenix: City of Phoenix
Attn: City Manager
112 W. 2°d St.
Phoenix, OR 97535
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 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 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.
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 forma 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.
EMIT, lei
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 1 3of4
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 201S 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.
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.
Brad Taylor (Ja 5, 2019) Jan 25, 2019 an 25, 2019
Brad Taylor DATE Chris Clayton DATE
General Manager City Manager
Medford Water Commission City of Central Point
el�lz ! ihIa
Kelly Madding (Feb 22, 019)
Kelly Madding
City Administrator
City of Ashland
��1� 4 �f_
Feb 22, 2019 ,,,,,, ,,,;,,, ,,; "Feb 22, 2019
DATE Henry Lawrence DATE
City Administrator
City of Eagle Point
Feb 25, 2019
Jeff Alvis DATE
City Administrator
City of Jacksonville
sandt"A saelliscy
Sandra Spelliscy (Mar 18, 2019) Mar 18, 2019
Sandra Spelliscy DATE
City Manager
City of Talent
Aaron Prunty (Mar 18, 2 9)
Aaron Prunty
City Manager
City of Phoenix
Mar 18, 2019
DATE
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
17CGIS I
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).' 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.
I 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 STRATEGYFOR 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 Strate9vTable
RaIIOW
(cfs)
Development otal Rate in Water Right Certificate Status
Deadline 71 (Cfs)
Duff WTP - Existing Capacity — 70 cfs
Current Status - Existing Certificates and Pending COBUs
Central Point's Certificate 93754
1.13
N,A.
55.26
Central Point's Certificate 93755
1.13
N/A
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
Central Point's Transfer T-10465
1.20
10/1/2014
66.46
Eagle Point's TransferT-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 Transfer T-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 S-54337*
No rate (1,000 AF)
9/7/2021
69.956
Total at this capacity
69.956 cfs
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 cfs
Certificate Phoenix's Permit S-47672
5.0
10/1/2001
74.956
Certificate Eagle Point's Transfer T-10960
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 S52650
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 cfs (TBD)
Partially certificate remainder of MWC's Permit S-23210
8.15
10/l/2050
139.15
Partially certificate MWC's Permit S54935 (estimated rate)
22.85
10/1/2056
162.0
Extend MWC's Permit S54935 as needed
10/1/2056
Total at this capacity
162.0 cfs
Duff WTP Capacity —193 cfs (TBD)
Certificate remainder of MWC's Permit S54935 (estimated rate) 7.676
10/1/2056
169.676
Total at this capacity
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 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 lCreel
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
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 VII.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 VII.B.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
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
$23.58
Volume Associated with the Costs)
Attachment 7
Example Annual Summary Report of Water Sharing
Agreement
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
Table 1: Example - Volume of Water Use, Water Purchased, and Water Sold
Volume of
Authorized Water
Authorized
Annual
Excess Use/
Volume
Water
Metered
Excess
Water
Remaining After
Volume
Volume
Water Right
Water Volume
Volume Sold
Purchase/Sale
Partner City
(AF/season)
(AF)
Volume (AF)
Purchased (AF)
(AF)
(AF)
Central
Point
1928.8
2023.1
-94.4
94.4
0.0
0.0
Eagle Point
1860.9
1050.5
810.5
0.0
18.9
791.6
Ashland
1000.0
0.0
1000.0
0.0
18.9
981.1
Jacksonville
600.0
529.4
70.6
0.0
18.9
51.7
Phoenix
1000.0
540.5
459.5
0.0
18.9
440.7
Talent
1292.0
559.3
732.7
0.0
18.9
713.9
Table 2: Example - Total Cost Paid and Received by each Partner City
Average Annual
Cost ($/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
Receives
Central Point
Eagle Point
Ashland
Jacksonville
Phoenix
Talent
Total Paid
Central Point
$445.03
$445.03
$445.03
$445.03
$445.03
$2,225.13
Eagle Point
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Ashland
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
M
a
Jacksonville
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Phoenix
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Talent
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Received
$0.00
$445.03
$445.03
$445.03
$445.03
$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 zosg, 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 i 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.
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Council Study Session
July 18, 2022
Agenda Item Review and Discussion of Imperatrice Property Lease
From Joseph Lessard City Manager
Contact 0oe.1essare(cD-ashland.or.us; 541-552-2103
Item Type Requested by Council ® Update ❑ Request for Direction ❑ Presentation ❑
SUMMARY
At the Request of Mayor Akins, a review and discussion of the lease of the City's Imperatrice Property to the
Land Manatee Foundation (LMF) has been placed on the City Council's Study Session agenda. The lease
was approved by the City Council at the February 18, 2020 Business Meeting Minutes, Staff Report).
The Imperatrice Property was purchased by the City of Ashland for $950,288 in 1996 with Food and
Beverage Tax funds. The purchase was for use of the property as a wastewater effluent disposal site. The
site is no longer needed to support any wastewater related treatment options based on decisions made over
the past decade. During the recent Special Called Meetings of May 23-24 and June 14 of this year, an
informal vote of the City Council identified possible future uses of the property for open space, trails and/or a
solar farm.
Currently the property is leased to LMF for cattle grazing with FY 2022-23 leaser revenue to the City of
$1.00 per annum. In addition, the lessee covers additional costs associated with the leased tax lots, reference
section 3.2 of attachment #1. The lease includes the following cancellation clause, reference section 2.2 of
attachment #1. Either party may terminate the lease with 30 days written notice to the other party.
REFERENCES & ATTACHMENTS
Attachment #1: Property lease of the Imperatrice Property to the Land Manatee Foundation
Page 1 of 1
CITY OF
-ASHLAND
CITY OF ASHLAND
GROUND LEASE AGREEMENT FOR RANCHING AND SUSTAINABLE FARMING
THIS AGREEMENT ("Lease") is entered into between the CITY OF ASHLAND, OREGON ("City) ,
and Land Manatee Foundation (LMF), ("Lessee").
RECITALS
A. City owns property commonly known as the Imperatrice Property. The portion of the Property which
is the subject of this Lease is described below and in attached Exhibit A and is hereinafter
referenced as "the Premises".
B. Lessee desires to lease the Premises for purposes of operating a restorative and regenerative
ranch for cattle and horses in accordance with Lessee's proposal in response to the City's
Request for Proposal (RFP) Project 2019-29, Beneficial Use and Lease of the City's
"Imperatrice" Property. Lessee's proposal is attached as Exhibit B, and its provisions are fully
incorporated herein as enforceable terms of this Lease.
C. City desires to lease the Premises described in Exhibit A to Lessee under the circumstances
set forth in this Lease.
AGREEMENTS
In consideration of the matters described above, and of the mutual benefits and obligations set
forth in this Lease, the parties agree as follows:
Description of Leased Property. The Premises subject to this Lease and described in Exhibit
A comprise approximately 265 pastoral irrigatable acres and are encumbered by numerous
easements and title exceptions as shown in the RFP attached as part of Exhibit B. Lessee
will use Premises to operate a restorative and regenerative ranch for cattle and horses
according to Lessee's proposal in Exhibit B. The Premises are further limited in their use by
Lessee as follows:
• 38 1 E 32 — TL 100 (3.17 acres: access only)
• 38 1 E 32 — TL 200 (65.88 acres: this tax lot is to the south and west of the Talent
Irrigation District (TID) canal) — in total
• 38 1 E 33 — TL 200 (total tax lot is 406.86 acres: lease includes approximately 200
acres south of TID canal) — the entire lot may be used with appropriate fencing along
the TID canal approved by the City in consultation with TID.
Access: City provides access across the southern line of the following City owned tax
lots for the purposes of moving livestock from the adjacent property to the Premises:
381 E28 TL 500, 381 E28 TL 600 and 381 E27 TL 100.
1.1.1 City understands that Lessee has rights to trespass on the adjacent property
381 E34 TL 100. However, should disputes arise, the City will not substantiate or
have any interest in such disputes.
2. Term. The original term of this Lease shall be for 2 years, commencing on February 15, 2020 and
ending on February 14, 2022.
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 1 of 10
2.1. Option to Renew. Lessee shall have the option to renew this lease for up to 3 successive terms of
one year each, as follows:
2.1.1. Each renewal term shall commence on the day following expiration of the preceding term.
2.1.2. The option shall be deemed exercised by Lessee, unless Lessee gives City written notice
not less than 180 days prior to the last day of the expiring term stating that the option will not
be exercised. The giving of such notice shall be sufficient to terminate the Lease at the end
of the expiring term without further act of the parties.
2.1.3. The terms and conditions of the Lease for each renewal term shall be identical with the
original term, except for the number of renewal options then remaining.
2.2. Terminate. Either party may terminate this lease at any time upon 30 days prior written
notice to the other party.
3. Lease Fees.
3.1. Rent. Lessee agrees to pay to City rent in the amount of $1.00 per year plus quarterly
reimbursement for all City -incurred fees and assessments associated with the Premises, as
described in 3.2. The City will deliver a quarterly rent bill to Lessee at the beginning of the
quarter. Lessee agrees to promptly pay the City the full amount shown in each quarterly rent
bill.
3.2. City -Incurred Fees. The City will pay the following fees and assessments, plus any mandated
subsequent increases, with the understanding that Lessee will fully reimburse these
payments, as prescribed in 3.1 and 3.3.
3.2.1. Talent Irrigation District (TID) Annual Assessment (2019 assessment was $9,711.4);
3.2.2. Oregon Department of Forestry Fire Protection Fee (2019 assessment was $1,787.92);
and
3.2.3. Jackson County Property Tax (2019 assessment was $897.35).
3.2.4. City will provide notice of cost increases from said agencies as those charges are paid
(typically by the October quarterly lease/rent fee).
3.2.5. For planning purposes, total incurred 2019 costs were $12,396.67; so quarterly
payments would be $3,099.17 plus $1.00.
3.3. Rent Due Dates. Rent shall be due quarterly at the beginning of the quarter on January 1;
April 1; July 1; and October 1; and become past due ten days past the due date. Interest
on past due rent shall be1.5% per month. The first quarterly payment will be prorated
based upon the final agreement date.
3.4. Security Deposit. [Not Applicable].
4. Maintenance. Lessee shall keep and maintain the Premises and all improvements in good
and substantial repair and condition, including the exterior condition of improvements.
4.1. Repairs. Lessee shall make all necessary repairs and alterations and shall maintain the
Premises and all improvements in compliance with all applicable building and zoning laws
and all other laws, ordinances, orders and published requirements of public agencies.
4.2. Maintain. Lessee shall keep and maintain all fences which are currently upon the Premises or
which may be erected while the Lease is in effect, in a visually appropriate manner, and in good
condition and repair to effectively serve their purposes.
4.3. Free from debris. Lessee shall provide proper containers for trash and garbage and shall keep the
Premises free and clear of weeds, rubbish, debris, and litter at all times.
4.4. Inspections. City shall have the right to conduct reasonable inspections and investigations of the
Premises and the operations conducted on the Premises at any time, and from time to time with
reasonable advance notice, and Lessee shall cooperate fully with City during such inspections
and investigations.
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 2 of 10
4.4.1 Lessee shall make arrangements for an annual site visit in coordination with the City and
TID ditch rider to ensure Lessee is maintaining appropriate TID canal conditions.
5. Alterations. Lessee shall have the right to erect, maintain, and alter such facilities as fencing and
irrigation systems upon the Premises provided such facilities conform to the applicable
requirements of all federal, state, and local laws. Prior to construction of such facilities or
improvements on the Premises, the detailed plans for them must have been reviewed and
approved in writing by the City, which approval shall not be unreasonably withheld. Absent such
approvals or any necessary land use approvals, all use of the Premises must cease immediately.
Lessee shall be solely responsible for all material and labor costs of any alteration of the
Premises.
6. Land Use Approvals Required. This Lease is not a land use approval. Lessee is not the City's
agent, and City is not the Lessee's agent for purposes of any contracts or commitments made by
either party. Lessee acknowledges and agrees that future preliminary and/or final approvals,
including plans, plan amendments, plan modifications, civil plans (construction plan approvals),
construction permits and building permits are subject to compliance with all applicable approved
plans, approval conditions and applicable land development regulations in effect at the time the
approvals are sought. No rights to obtain preliminary and/or final approvals, including plans, plan
amendments, plan modifications, or building permits, nor any other rights to develop and/or construct
on Premises have been granted or implied simply by the City's approval of this Lease. Lessee must
fully comply with all approved plans, approval conditions and applicable laws in effect at the time the
final approvals are sought. Lessee, or its successors and assigns, may not attempt to force, coerce
or intimidate the City to approve final plans or grant other construction authorizations, including
building permits, by asserting that the City has committed to such approvals for construction on any
parcel within the Premises based on the theory of vested rights, equitable estoppel, or any other legal
theory based on the City's approval of this Lease or any associated agreement. This Lease does not
grant Lessee the right to move or construct anything on any parcel other than the Premises. City
approval of final plans and/or construction orders requires strict compliance with applicable planning
procedures, approval conditions and the applicable criterion for approval.
7. Ownership and Removal of Alterations. Upon completion of any construction and final structural
inspection thereof, Lessee improvements included in any planning action, including any further
improvements to the Premises approved by any other authority, shall become and remain property
of Lessee. Lessee shall remove any such improvements before termination of the Lease. Lessee
shall at all times be and remain the honorable fixtures, trade fixtures and personal property brought
on the Premises and shall have the right to remove all such items at the end of the term of this
Lease.
8. Rights Reserved to the City. The City reserves the following rights:
8.1. Improve Premises. The right to develop or improve the Premises without interference or
hindrance of the Lessee.
8.2. Maintain Premises. The right, but not the obligation, to maintain and keep the Premises in good
repair, together with the right to direct and control all activities of Lessee not in conformance with
the Lease.
8.3. Protect Premises. The right to take any action considered necessary to protect the Premises
from waste or nuisance, together with the right to prevent Lessee from erecting, or permitting to
be erected, any building or other structure on the Premises which, in the opinion of the City,
would limit the usefulness of the Premises or constitute a hazard.
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 3 of 10
8.4. Temporary Closures. The right to temporarily close or to restrict the use of the Premises or any
of the facilities for maintenance, improvement, or for the safety of the public. Lessee is entitled
to full abatement of rent during such temporary closures.
9. Non -appropriations; No Agency. The City and Lessee are entering into this Lease voluntarily in
the spirit of cooperation and coordination to facilitate Lessee's desire to lease the Premises for
purposes set forth in Exhibit B. However, nothing in this Lease makes the City responsible for the
contracts or commitments of Lessee regarding development to achieve Lessee's desired outcome.
Lessee is not subject to public contracting rules and regulations, and nothing herein makes Lessee
subject to such public agency procurement requirements.
9.1. All City obligations pursuant to this Lease which require the expenditure of funds are contingent
upon future appropriations by the City as part of the local budget process. Nothing in this Lease
implies an obligation on the City to appropriate any such monies.
10. Lessee Obligations
10.1. Commercial activities permitted. Lessee may conduct any approved and related commercial
activities upon obtaining a business license, as specified in the City of Ashland Ordinances.
10.2. Utilities. Lessee shall promptly pay any charges for electricity, water and sewer, and all other
charges for utilities which may be furnished to the Premises at Lessee's order or consent.
10.3. Fencing. Lessee will act with City to install fencing in a manner that separates or divides the
Premises in a manner that protects canals and irrigation facilities from encroachment and damage
by livestock. Fencing shall in no way restrict the use of the access way along the irrigation canal.
10.4. Liens, Taxes. Lessee shall pay all sums of money that become due for any labor, services,
materials, supplies, utilities, furnishings, machinery or equipment which have been furnished or
ordered by Lessee which may be secured by lien against the Premises. Lessee shall pay all
real and personal property taxes assessed against the Premises, such payments to be made no
later than November 15 of the year in which the taxes become due and payable.
10.5. Compliance with laws. Lessee shall comply with all federal, state, county, and city laws, orders
and ordinances;
10.5.1. Local Laws. The terms, restrictions and requirements of approvals are set forth in the
applicable County and State statutes and regulations, the preliminary and final approvals,
and this Lease. All local development approvals and permits identified by local law or this
Lease shall be obtained at the sole cost of the Lessee. The failure of this Lease to address
a particular permit, condition, term or restriction shall not relieve Lessee of the duty to
comply with any laws governing permitting requirements, conditions, terms or restrictions.
10.6. Marijuana Grow Prohibited. Lessee is not permitted to grow or cultivate on the Premises any
forms of commonly used marijuana, cannabis, or cannabinoid substances as defined under
Federal or State law such as, but not limited to, marijuana or industrial hemp as defined
under ORS 571.300.
10.7. Lessee's Specific Compliance with Environmental Laws. As used in this paragraph, the term
"hazardous material" means any hazardous or toxic substance, material, or waste, including, but
not limited to, those substances, materials, and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. § 172.101) or by the United States
Environmental Protection Agency as hazardous substances (40 C.F.R. Part 302) and any
amendments, ORS 466.567, 466.205, 466.640 and 468.790 and regulations of the Oregon
State Department of Environmental Quality, petroleum products and their derivatives, and such
other substances, materials and wastes as become regulated or subject to cleanup authority
under any environmental laws. Environmental laws mean any federal, state, or local statutes,
regulations, or ordinances or any judicial or other governmental orders pertaining to the
protection of health, safety, or the environment.
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 4 of 10
10.7.1. Lessee's Compliance with Laws and Permits. Lessee shall cause the Premises and all
operations conducted on the Premises (including operations by any subtenants) to comply
with all environmental laws.
10.7.2. Flammables and Explosives Prohibited. Lessee shall not store any flammable or explosive
liquids or solids within the Premises without a permit. For the purpose of this rental
agreement, "flammable or explosive liquids or solids" shall not apply to fuel or other
flammables contained within any vehicle used or stored at the Premises. Fueling of
vehicles while in any enclosed storage facility is strictly prohibited.
10.7.3. Limitation on Uses of Hazardous Materials. Lessee shall not use or allow any agents,
contractors or subtenants to use the Premises to generate, manufacture, refine,
transport, treat, store, handle, recycle, release or dispose of any hazardous materials,
other than as reasonably necessary for the operation of Lessee's activities as
contemplated under this lease.
10.7.4. Disposal and Contamination Clean-up. Lessee shall be responsible for disposing of all
hazardous materials in compliance with environmental laws, and Lessee shall be
responsible for any environmental clean-up of the Premises that is necessary due to
Lessee's activities. Lessee shall not be responsible for any environmental cleanup of the
Premises resulting from activities not authorized by the Lessee such as trespass or pre-
existing contamination.
10.8. Specific Obligations; Bi-Annual Reporting. Lessee shall provide a report two times a year in
January and July on the number and type of livestock grazing on the Premises; the general
agricultural improvements made; general restoration processes; and any educational
opportunities provided for the previous quarter. Reports may be made to Michael Morrison,
Public Works Superintendent at michael.morrison@ashland.or.us.
11. Damage or Destruction of Premises. Lessee shall be responsible for damage or destruction to the
Premises or any improvements resulting from Lessee's operations, or anything done or permitted by
Lessee under this Lease. If the Premises or any improvements thereon are damaged or destroyed by
fire or other casualty as a result of activities by Lessee,
11.1. Lessee shall:
11.1.1. Promptly repair, rebuild or restore the property damaged or destroyed to
substantially the same condition consistent with the applicable building codes; and
11.1.2. Apply for any net proceeds of insurance resulting from claims for such losses, as well as
any additional money of Lessee necessary.
11.2. If the damage or destruction which occurs is such that the cost of repair, rebuilding or restoration
of the property damaged or destroyed exceeds 50% of the fair market value of the
improvements, Lessee shall have the option within 60 days from the date of damage or
destruction, to notify City in writing whether or not Lessee elects to repair, rebuild, or restore in
as provided in this section or to terminate this Lease. Upon giving such notice to terminate, this
Lease shall terminate on the date specified in the notice, and City shall be entitled to the net
proceeds of insurance.
12. Insurance. Lessee shall obtain and maintain continuously in effect at all times during the term of this
Lease, at Lessee's sole expense, the following insurance:
12.1. Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers.
Lessee certifies in attached Exhibit C its compliance with state workers' compensation coverage
requirements during the term of this Lease.
12.2. General Liability Insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence for bodily injury and property damage. It shall include contractual
liability coverage for the indemnity provided under the Lease.
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
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12.3. Automobile Liability Insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 per occurrence for each accident for bodily injury and property damage, including
coverage for owned, hired or non -owned vehicles, as applicable.
12.4. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of
limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the
contractor or its insurer(s) to the City.
13. Indemnification; Waiver of Subrogation. Lessee will defend, indemnify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature
arising out of or incident to this Lease or the activities that take place on the Premises. Lessee
waives the right of subrogation regarding the insurance policy as described in the Insurance Section
in this Lease. Lessee will not be held responsible for damages caused by negligence of City.
14. Default
14.1. Events of Default. The following shall be events of default:
14.1.1. Default in Rent: Failure of Lessee to pay any rent or other charge within ten days after
it is due.
14.1.2. Default in Other Covenants: Failure of Lessee to comply with any covenant, term or
condition, or to fulfill any obligation of the Lease (other than the payment of rent or other
charges) within 30 days after written notice by City specifying the nature of the default. If the
default is such that it cannot be completely remedied within the 30-day period, this provision
shall be complied with if Lessee begins correction of the default within the 30- day period
and proceeds in good faith to effect the remedy as soon as practicable.
14.1.3. Insolvency: Insolvency of Lessee and assignment by Lessee for the benefit of creditors;
the filing by Lessee of a voluntary petition in bankruptcy; an adjudication that Lessee is
bankrupt or the appointment of a receiver of the properties of Lessee; the filing of an
involuntary petition of bankruptcy and failure of the Lessee to secure a dismissal of the
petition within 30 days after filing; attachment of or the levying of execution on the
leasehold interest and failure of the Lessee to secure discharge of the attachment or
release of the levy of execution within ten days.
14.2. Remedies on Default. In the event of a default, the City at its option may terminate the Lease
by notice in writing by certified or registered mail to Lessee. The notice may be given before or
within thirty days after the running of the grace period for default and may be included in a
notice of failure of compliance. If the Premises are abandoned by Lessee in connection with a
default, termination shall be automatic and without notice.
14.3. Damages. In the event of termination by default, City shall be entitled to recover
immediately the following amounts as damages:
14.3.1. The reasonable cost of re-entry and releasing including the cost of any clean up,
refurbishing, removal of Lessee's property and fixtures, or any other expense occasioned
by Lessee's failure to quit the Premises upon termination and to leave the Premises in the
required condition, any remodeling costs, attorney fees, court costs, broker commissions
and advertising cost.
14.3.2. The loss of reasonable lease fee value from the date of default until a new tenant has
been or, with the exercise of reasonable efforts could have been secured.
14.4. Re -Entry After Termination. If the Lease is terminated for any reason, Lessee's liability to City for
damages shall survive such termination, and the rights and obligations of the parties shall be as
follows:
14.4.1. Lessee shall vacate the premises immediately, and within thirty (30) days, remove any
property of Lessee including any fixtures which Lessee is required to remove at the end of
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 6 of 10
the lease term, perform any cleanup, alterations or other work required to leave the
Premises in the condition required at the end of the term. City may re-enter, take
possession of the Premises and remove any persons or property by legal action or by self-
help with the use of reasonable force and without liability for damages.
15. Assignment of Interest or Rights. Without prior written approval, neither Lessee or any assignee or
other successor of Lessee shall sublease, assign, transfer or encumber any of Lessee's rights in and
to this lease or any interest, nor license or permit the use of the rights granted except as provided in
this paragraph. Lessee shall not assign all or any part of its rights and interests under this Lease to
any successor through merger, consolidation, or voluntary sale or transfer of substantially all of its
assets, without prior written approval of the City. Written approval of the City shall not be
unreasonably withheld.
16. Condemnation. If any legally, constituted authority condemns the Premises or such part
thereof which shall make the Premises unsuitable for leasing, this Lease shall cease when the
public authority takes possession, and Landlord and Tenant shall account for rental as of that
date. Lessee shall not have any rights in or to any award made to City by the condemning
authority and further waives any action or remedy to recover compensation against the
condemning authority for any loss or damage caused by the condemnation.
17. General Provisions.
17.1. No Partnership or Joint Venture. Nothing in this Lease shall be construed to render the City in any
way or for any purpose a partner, joint venturer, or associate in any relationship with Lessee other
than that of Lessor and Lessee nor shall this Lease be construed to authorize either party to act as
agent for the other.
17.2. Nonwaiver. Waiver by either party of strict performance of any provision of this Lease shall not
be a waiver of or prejudice the party's right to require strict performance of the same provision in
the future or of any other provision.
17.3. Consent of City. Whenever consent, approval or direction by the City is required, all such
consent, approval or direction shall be received in writing from the City Administrator.
17.4. Notices. All notices required under this Lease shall be deemed to be properly served if sent
by certified or registered mail to the last address previously furnished by the parties. Until
changed by the parties by notice in writing, notices shall be sent to:
CITY:
City of Ashland
Attn: Public Works Superintendent
20 Main Street
Ashland, OR 97520
LESSEE:
Land Manatee Foundation (LMF)
Attn: Renee L. De Launay
PO Box 3373
Ashland, OR 97520
17.5. Governing Law. This Lease and all matters relating to this Lease shall be governed by the laws of
the State of Oregon in force at the time any need for interpretation of this Lease or any decision or
holding concerning this Lease arises.
17.6. Extraterritorial Regulation. Nothing in this Lease shall interfere with the legislative authority
of City under ORS 226.010 or any other provision of state law.
17.7. Binding on Successors. This Lease shall be binding on and shall inure to the benefit of the
heirs executors administrators successors and assigns of the parties hereto.
17.8. Entry for Inspection. City shall have the right to enter on the Premises at any time to determine
Lessee's compliance with this Lease or to make necessary repairs to the Premises whether or
not such inspection is made the duty of City to make repairs shall not mature until a reasonable
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 7 of 10
time after City has received written notice from Lessee of the repairs that are required. In
addition, City shall have the right at any time during the last twelve months of the term of this
Lease to place and maintain on the Premises notices for leasing or selling of the Premises.
17.9. Holdover by Lessee. If the Lessee does not vacate the Premises at the time required, the City
shall have the option to treat the Lessee as a Lessee from month to month subject to all
provisions of this Lease except the provision for term.
17.10.Severability. If any provision of this Lease is held by a court of competent jurisdiction to be
either invalid void or unenforceable the remaining provisions of this Lease shall remain in
full force and effect unimpaired by the holding.
17.11. Entire Agreement. This Lease and its attachments constitute the sole and only agreement
between City and Lessee respecting the leasing of the Premises to Lessee. Any agreements or
representations respecting the Premises their leasing to Lessee by City or any other matter
discussed in this Lease not expressly set forth or incorporated into this Lease are null and void.
INTENDING TO BE BOUND, the parties have executed this Lease as of the date written below.
LESSEE:
Renee L. De Launay, Land Manatee Foundation Date
ORDER
Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this lease
as set forth above.
CITY:
City Administrator, City of Ashland Date
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 8 of 10
EXHIBIT A
LAND LEASE PROPERTY DESCRIPTION -- "THE PREMISES"
City of Ashland Ground Lease Agreement Property. "The Premises" is shown in red dashed
lines and includes 381E32 TL400, all of 381E32 TL2oo and a portion of 381E33 TL200. Area
north of TID canal in 38 tE 33 TL200 may be utilized with approved fencing (see agreement).
Note: all lines are shown for reference, not actual tax lots
The property within the leased Premises is comprised of three separate tax lots which are described in further detail
and includes data from the Jackson County Assessor's Office:
Jackson County Map Reference:
38 1E 32 Tax Lot 200
38 1E 33 Tax Lot 200
Address Location:
Approximately 2 miles North of Ashland. This parcel of four tax lots lays adjacent to
the Northeast side of Interstate 5 and the associated "Northbound" 1-5 weigh
station. This property extends uphill in a Northeasterly direction across the east
canal of the TID.
Owner of Record:
City of Ashland
Assessor's Account No:
38 1E 32 Tax Lot 200 1-012688-4
38 1E 33 Tax Lot 200 1-012367-6
Present Use:
224.4 acre irrigated pasture*
423.95 acre dry pasture
Zone:
EFU
Size:
648.35 acres TOTAL
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 9 of 10
Jackson County Map Reference:
38 1E 32 Tax Lot 100
Address Location:
Approximately 2 miles North of Ashland adjacent to both sides of Butler Creek Road.
This property is approximately 200-300 feet North of Interstate 5.
Owner of Record:
City of Ashland
Assessor's Account No:
1-012687-6
Present Use:
dry pasture and access
Zone:
EFU
Size:
3.17 acres
CITY IF ASHLAND GROUND LEASE AGREEMENT 2019-29
Page 10 of 10
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Proposal to the City of Ashland, Oregon, Public Works/Engineering Division
Beneficial Use and lease of the City's "Imperatrice" Property
Section 1 Specific Proposal Requirements, Description of RFP and
Property Description
Project No: 2019-29
Project Type: Property Lease
Project Duration: 24 months (3.2.9 Period Of Use Recognition)
City Project Manager: Mike Morrison
Public Works Director: Paula C. Brown
Attachments not included in 4 page limit: Addendum No. 1, Exhibit C, Proposer Info, IRS
Determination and EIN, Attachments No. 1-No.4, LMF Conservation Ranching Program/
Protocols and LMF one page Estimated Business Plan for Property. LMF Synopsis and LMF Bi-
laws available upon request.
Proposer acknowledges the City of Ashland's rights to cancel this procurement or reject any and
all proposals in accordance with ORS 279B.100. The applicant understands that a lease
agreement will be designed to match the specific proposal that is awarded the property lease. If
awarded the lease, Land Manatee Foundation ("LMF") will be available to participate in the City
of Ashland processes.
The property description to be leased to the accepted proposer is a tract of land located in
Jackson County Oregon and is more fully described as follows. All that portion of the following
listed tax lots which lie southerly and westerly of the Talent Irrigation East Lateral Ditch:
1: 38 1 E 32 tax lot 100 (exempting Property west of Butler Creek Road)
2: 38 1E 32 tax lot 200 (behind Port of Entry)
3: 38 lE 33 tax lot 200 (facing Ashland as viewable inrigated/dry-land grasslands)
Containing 265 pastoral irrigate -able acres more or less. (3.2.10 Limits of Use)
Containing 424 acres of dry land more or less.
Accepting all legal encumbrances, right of ways, current as well as future easements and existing
biological sensitivities. (Recognition of 3.2.1-3.2.8)
The subject area susceptible to project proposer's operation consists of primarily 265 pastoral
irrigatablel acres.
Prelude
This proposal is hereby submitted by LMF in response to the City of Ashland RFP for the
Beneficial Use of the "Imperatrice" Property, Project No. 2019-29 Distributed on November
22,2019.
"Irrigatable in this proposal references the RFP 1.1.3 present uses calculations; 3.2.3 TID
water availability 4.64 acre feet per acre.
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The applicant has examined the subject RFP and hereby acknowledges all details and provisions
of the City's proposal process.
Proposed Beneficial Use of the "Imperatrice" Property
Approach, Environmental Stewardship,. Public Benefit, Sustainability Experience and Supporting
Plan Success
LMF is a 5016 organization registered with the Federal Government under section 501(c)(3) of
Title 26 of the United States Code. Its Internal Revenue Service (IRS) Determination Letter is
attached as well as the corresponding tax-exempt charitable organization Employer Identification
Number 83-2612886 [CP-575] is in compliance with Federal, State and all local County Laws.
The mission of LMF is to lead by exemplary example in communities in the exercise of ranching
conservation by encompassing regenerative agriculture, holistic environmental sustainability and
land/livestock based education (supplying the community with 4H Horses, FFA partnerships, and
Youth Programs), including preseivation and knowledge of heritage culture land uses, wildlife
balance and spring development. LMF is proposing to use the "Imperatrice" property as a living
history -designed ranching conservation program by revitalizing the glory of the land usages in an
environmentally sustainable method using integrated authentic traditions to preserve past
ranching culture.
LMF proposes to apply the same ranching conservation practices on the property that it has been
using in the local community on private lands. It will focus on restoring grasslands to an
aesthetic view by regenerative grazing practices with traditional ranching species (ie cattle and
possibly horses/mules for limited times) tough enough to survive predators on their own in
accordance with specified certification standards, under a grazing management plan
implemented by the LMF livestock manager, utilizing water efficiently, restoring irrigation
systems, utilizing mechanical and burning spray -free blackberry removal/setback, following
holistic habitat development, applying environmentally conscious and heritage based education,
and observing sensitive waterways/spring(s) management plans.
LMF is responsible for the quality of work, professional services provided and for providing or
utilizing volunteers who are qualified and competent people, and shall provide all supplies,
equipment, tools and incidentals to accomplish the work set forth. LMF will follow all
appropriate safety methods to assure compliance required with State and Federal regulations, and
departmental policies and procedures for all field work in compliance with all applicable codes,
land use permitting and professional service standards.
The proposer's project management will be transparent, coordinating with the City's agencies
and proposer will be available to meet the City staff as required during the project's duration to
review the scope of work and deliverables. LMF shall provide general liability insurance
coverage at the.agreed upon limits specified in the lease agreement for the subject property. The
City of Ashland, its elected officials, officers and employees shall be listed as Additional
Insureds on the policy. LMF accepts the TID Annual Charge, ODF Fire Protection Fees and
Property taxes.
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LMF recognizes that the rental fee will be negotiated. No costs will be imposed on the City of
Ashland, and LMF will indemnify the City of Ashland from any and all actions of the
leaseholder on the City -owned "Imperatrice" property.
Since the organization is a not -for -profit entity, the projected land use is not for business -driven
purposes, but rather for a community benefit. Direct environmental stewardship benefits to the
community include:
Significant improvements to the land and its appearance.
Restoring the land to its prior ranching use, but providing ecological support and ensuring
biodiversity.
Using holistic regenerative agriculture which is free from pesticides and chemical sprays,
erosion, pollutants, dust and manufacturing processes.
Providing opportunities for community involvement in compliance with permitting and after
mechanical equipment periods.
Providing open space habitat/spring developed areas for wildlife, offering ample watering and
forages in corridors of passage and refuge. -
Offering a designated timed field trip in following year(s), including educational opportunities to
showcase experienced livestock management, grazing timing on drylands and irrigated land and
fencing methods of preserving native and sensitive species biodiversity.
Imposing no costs on the City for equipment, fencing canals, water utilization, improved
irrigation efficiency, improved irrigation ditches maintenance, experienced operators, and
livestock grazing management. Increased property value as a result of the methods applied.
LMF proposes to pay the City of Ashland $1.00 as a financial benefit while also accepting the
yearly costs associated with the property not to be imposed on the City.
Livestock will be managed by the entity the entire length of time the animals are on the property,
and the number of animals accords with a specified habitat management plan as defined by Land
Manatee Foundation Ranching Conservation Habitat Management Plan (see attached document
for reference) in conjunction with NRCS Prescribed Grazing standards [528-1]. Grazing animals
and farm implements are utilized as a tool for a specified outcome beneficial to the land use
management goals, property specific plans and community wellbeing. Any existing farm/ranch
equipment and implements, pipe and fencing on the property are encouraged to be left there and
can be utilized for the property by LMF.
The developed Ranching Conservation Program and Protocols Certification specific to Land
Manatee Foundation can be found in the attached document, which is a living document based
on Renee De Launay's compilation of experience and scientific methodology. Renee De Launay
is the Founder and Operating CEO of Land Manatee Foundation. She brings 16 years of
restoration grazing history and animal healthcare expertise to implement on the City Property.
Her youth was well spent in and out of the saddle learning all she has through experience on
ranches throughout Southern Oregon, many of which have since changed ownership, being
developed for other purposes, closed off to ranching, or converted to hemp, etc. This decline in
quality uses of land for traditional agriculture spurred Renee to educate and guide EFU property
owners on best practices and maintain agricultural production in the community, using the
practices described herein. The supporters of her initiative all have ongoing working
relationships with Renee and have utilized her management plans in numerous ways in this
4 of 4
community on their own operations and are dedicated to the practices advocated by Renee in
LMF.
These supporting associates and Renee are supplying the equipment and grazing animals to be
utilized by LMF. A dozer, excavator(s), water lines, troughs, spring boxes, valves, a livestock
handling chute, a livestock handling facility and load out panels, a ditch leveler, a skidsteer,
tractors, haying implements, trailers, cattle hauling and transportation, horses and mules for
packing supplies and doctoring/attending to livestock needs, a water truck, a dump truck, and a
backhoe, in conjunction with their knowledge and cumulative experience with conservation
ranching operations, environmentally conscious activities, safety and time. It is roughly
estimated that all of the ditches need to be addressed, a quarter of the property is in matured
blackberries and the current forages are heavily in warm season grasses and noxious weeds or
undesirable species. With a goal of addressing 20% of the property's blackberries and its ditches
per year, the propagation of cool season grasses and native species can be promoted to restore the
land's ranching glory.
Experienced active supporting associates and references include the following with attached
declaration letters of commitment:
Michael Winters (retired Jackson County Sheriff, Winters [Ranches] LLC; TID acumen) cell
541-944-6086 See attached No. 1
Morgan Troxel (Troxel Family Farm/ Maddox Angus Ranch) cell 541-947-2246 See attached
No.2
Dina Cantrell (Jackson County Brand Inspector, Cantrell Family Farming Ranches) cell
541-210-0754 See attached No.3
Renee De Launay (LMF Founder, CEO) 541-973-9817 See attached No.4
Elizabeth Schaefer (retired llama rancher) cell 314-809-2737
Gary Baldwin (4AgHawaii Partnerships) cell 808-987-3983 See attached No. 5
Bruce McLean (Chief Maintenance Operator Warren Resorts) cell 541-324-7950
Rodger Goddard (TID and Dunn Ditch acumen) cell 541-821-8810
Adherence to Jackson County Land Development Ordinances
In reviewing the current Jackson County Land Development Ordinance ("LDO"), the proposer
concludes that LMF's proposed farm use for ranching conservation practices as defined in
ORS 215.243 for grazing, harvesting, berry removal via equipment operation and living history
uses and any creation, restoration and enhancement of wetlands described above is a Type 1 use,
permitted by right and only requiring non -discretionary staff review (pursuant to section 4.2.2 on
table 4.2-1 for Exclusive Farm Use (EFU) zoned land, Jackson County LDO). Type 1
authorizations are not land use decisions as defined by ORS 215.402. Any additional applications
and permits that may arise will be the responsibility of LMF to follow the process time line for
application approval. Any lease that comes from the acceptance of this proposal is not a land use
approval. Proposer acknowledges and agrees that future preliminary and or final approvals
including plans, plan amendments, plan modifications,*or building permits nor any rights to
develop and/or construct on property have been granted or implied simply by the acceptance of
this proposal or a lease.
PROPOSER INFORMATION:
_f-R N B NI AA/A-F('70 �U u N pfjT i Ci'J
Proposer Company Name
_f O [N X 33 73 &5 )`1l.AN 9 DA 6452y
Company Address (from which work will be performed)
- !�LaL"-y ?3 - �), 7i5`
Telephone Number
Fax Number FEDERAL ID NUMBER
Printed Name of Person Signing RFP: 12t ti/l.� L. ` c L a Ui✓4Y
Title: 1--v uAj O i-0--
Signature:
Email Address: GAAI!9MA/N4T1---L-T001V0AT10AJe-041b1 L
23
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized
representative, under penalty of perjury, certifies that (a) the number shown on the attached W-9 for►n is
its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Consultant is not subject to
backup withholding because: (i) it is exempt from backup withholding, or (ii) it has not been notified by
the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report
all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding.
Consultant further represents and warrants to City that: (a) it has the power and authority to enter into
this Agreement and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid
and binding obligation of Consultant enforceable in accordance with its terms, (c) the work under the
Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant
is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an
independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon,
and Consultant has checked four or more of the following criteria that apply to its business.
✓ (1) Consultant carries out the work or services at a location separate from a private residence
or is in a specific portion of a private residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
✓ (5) Labor or services are performed for two or more different persons within a period of one
year.
(6) Consultant assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds, warranties, errors and
omission (professional liability) insurance or liability insurance relating to the Work or
services to be provided.
;Consultan s 'nature
).l-./Z /I
Date
25
Page 1 of 18
Confidential and specific to Land Manatee Foundation.
Living document not yet proofed by all editors.
Land Manatee Foundation
CONSERVATION RANCHING
PROGRAM PROTOCOLS
Ranching Heritage
Ashland City Council Look Ahead
Note This'is a DRAFT schedule of future agenda items ant is subject to frequent charges.
'lwial -
Coordinated Water Rights Management and Water Sharing Plan Intergovernmental Agreement
Public Works
Scott Fleury
Review & Discussion of Imperatrice Property Lease
Mayor
Julie Akins
1-Aug
Rogue Retreat Funding Review (tentative)
Community Development
Bill Mohair Linda Reid
15-Au9
Economic Development & Business Roundtable Follow-up AARP Senior City Report/Livable Community Report
Ashland Senior Advisory Committee (ASAC)
Committee Chair
Housing Capacity & Production Studies Status & EcoNorthwest Review Report
Admin. I Community Dev.
Sabrina Coda / Bill Molnar
Natural gas equipment in New Construction / Major Rehabilitations
CEPAC
Committee Chair
Identification of Representatives of News Media Organizations
5-Sep
Meeting Cancelled National Holiday Observed -Labor Day
Public Works
Scott Fleury
19Sep
EcoNorthwest Economic Diversity Study Report
Admin.
Joseph Lessard
Community Budget Survey Report
Atlmin.
Jose ph Lessard
Economic Development& Business Roundtable Follow-up Business Development & Economic Diversity
'•
••
Community Development Questions & Updates
•'
(activitycenters, development code 8 process navigation, business issues)
1.Oct
City Facilities & Real Estate Hargadine Parking Structure RFP Community Development Bill Molnar
Facilities Optimization Master Plan Public Works Scott Fleury
Natural Gas Equipment by 2030 in Existing City Facilities "
Commemorative & Ceremonial Flags at City Facilities '•
17.Oct Contracting WaterlWastewater System Management Staff Report
AWWL Police and Fire Partnering/Regionalization
31.Oct-..,.«,..�..-;..N.
14-Nov
5-Dee
19-D.
2-Jan Meeting Cancelled National Holiday Observed -New Year's Day
16Jan
2-"
Public Works Scott Fleury
Admin.I Police / Fire Joseph Lessard/Chief O'Meara I Chief Sartain
Nov. I th Election Referendums/Initiatives Second Reading -Food & Beverage Tax Ballot hems linitiative & referendum items) Admin. / City Attorney Joseph Lessard / Doug McGeary
First Reedin - Measure 109 Psilocybin Ordinance ••
Boards & Commissions Update Standing Advisory Committee Appointments Mayor Julie Akins
Ordinance to remove commission ordinances Admin. / City Attorney Joseph Lessard / Doug McGeary
U date other ordinances to reco n establishment of standin & ad hoc committees ••
Climate Change Policy Commission -Home Energy Score Program Citv Recorder Melissa Huhtala
Citizens' Budget Committee Appointments •' ••
Fire Season Preparations Update Fire Dept. Chief Sartain
Police Annual Report Police Dept. Chief O'Meara
First Reading -Telecommunications Ordinance Updates (5G) City Attorney Interim City Attorney
16-A.9 Nov. &tit Election Referendums/Initiatives Second Read in - Measure 109 Psiloc bin Ordinance Admin. / CityAttorneyJose h Lessard / Dou Nt
Boards & Commissions Update Resolution Creatin Advisory
dviso Committees Admin. / C AttorneyJoseph Lessard / Dou MCGea
Chamber of Commerce Agreement for Travel Ashland Marketing Admin. Joseph Lessard
First Reading - Ordinance on Weeds and Noxious Vegetation Fire Dept. Chief Sartain
Second Reading -Telecommunications Ordinance Updates (5G) City Attorney Interim City Attorney
Public Hearing and First Reading Housing in Employment Zones Annual Report Community Development Bill Molnar
Personnel Issues Executive Session - Labor Negotiation Status Admin. I Human Resources Joe Lessard / Sabrina Cotta
Management, Confidential & Unrepresented Employee Resolution Update ••
PERS Pick -Up Evaluation ^
Labor Agreement rovela(tentative scheduling) "
6-Sep Infrastructure Master Plans Updates Talent -Ashland -Phoenix (TAP) Water Interne Public Works Scott Fleury
Waste
water Collection System Master Plan •• ••
Storm Drain Master Plan •'
Facilities Optimization Master Plan •• ••
ReviewiRevisit MOU between Ashland City Council & Ashland Park Commission dated Aug. 19, 2014 Admin./ City Attorney Joseph Lessard I Dour
AMC 2.16 Recreation Commission Duties and Powers "
updated 7/15/2022 L,
Ashland City Council Look Ahead
Note. This is a DRAFT achedule of future agenda items ant is subject to frequent charges.
AM 2.28.040
Second Reading -Telecommunications Ordinance Updates 513
City Attorney
Interim City Attorney
Personnel Issues
Executive Session - Labor Negotiation Status
Labor Agreement Approvals tentative scheduling)"
Admin. / Human Resources
Joe Lessard / Sabrina Colts
205ep
4-Dct
1&Oct
1-Nov
15-Nov
22-Nov
6-Dec
20-Dec
3-Jan
17Jan
Request to form an Ad Hoc Building Code Review Committee
Social Equity and Racial Justice Advisory Committee Report
Mayor
City Recorder
Julie Akins
Melissa Huhtala
t4OT YET SCHEDULED
NOTES
Cost Analysis of Climate & Energy Action Plan (CEAP)
Refinancing PIERS & Capital Debt
AFN -Business and Technology Planning RFQ/RFP
RFQ in development, City Council will be updated on its issuance
COMMISSION PRESENTATIONS
DATES
Trans ortalion Commission
First Meetin in February
Tree Commission
Second Meeting in March
Historic Commission
Second Meeting inApril
Band Board
First Meeting in June
Social Equity and Racial Justice Commission
Second Meeting In June
Wildfire Safety Commission
Second Meeting in Jul
Forest Lands Commission
First Meeting in August
Conservation Commission
Second Meeting in August
Climate PolicyCom—kin
First Meetingin Be ember
Ai ort Commission
Second Meeting in Se tember
Public Arts Commission
jFirxt Meeting in October
Housing & Human Services Commission
ISecond Meeting in November
Planning Commission
First Meeting in December
Council Liaison Appointments
January
State of the City
Second Meeting in January
Quarterly Financial Report & Budget Amendment
First Meeting in February
Recology Rate Review
First Meeting in March needs to be approved by Aril 1)
Proclamation for Arbor Week (Tree Commission)
Second Meetingin March
Quarterly F,rancial Report & Budget Amendment
First Meetin in A ril
Commission Reap ointments
Second Meeting In April
Proclamation for National Historic Preservation Month Historic Commission
First Meeting in May (or last meeting In April)
Miscellaneous Fees
Ma
Quarterly Financial Report & Budget Amendment
Second Meeting in June
Cttizens' Bud et Committee Reappointments
Second MeetingIn June
Year-Entl Bud et Briefn
Au ust or September
Proclamation for Indi enous Peo les' Da Council
First Meetingin October
Quarterly Financial Report & Budget Amendment
First Meeting in November
Updated 7/15/2022 `,