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HomeMy WebLinkAboutCAP052412CITY OF CENTRAL POINT City Council Meeting Agenda May 24, 2012 Next Res.1332 Next Ord. No.1960 I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M. II.PLEDGE OF ALLEGIANCE III. ROLL CALL IV.PUBLIC APPEARANCES V.CONSENT AGENDA Pg 2 - 6A.Approval of May 10, 2012 City Council Minutes 7 - 13B.Acceptance of the Third Quarter Financial Statement 14 - 15C.Approval of Battle of the Bones Street Closures VI. ITEMS REMOVED FROM CONSENT AGENDA VII.PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 17 - 22A.Second Reading - Ordinance No. ______, An Ordinance Amending the Central Point Zoning Map and Comprehensive Plan Map in the Vicinity of Table Rock and Biddle Roads Replacing 7.61 Acres of Land Zoned C- N, Neighborhood Commercial to M-1 Industrial and from Neighborhood Convenience to Light Industrial in the Comprehensive Plan (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800) (Humphrey) 24 - 30B.Resolution No. ________, Approving an Intergovernmental Agreement Between the Medford Water Commission and its Outside City Customers Central Point, Eagle Point, Phoenix, Talent, and Jacksonville to Administer Grant Funds Dedicated to Studying Water Conservation (Clayton) Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Kelly Geiger Ward III Ellie George Ward IV Allen Broderick At Large Carol Fischer Kay Harrison Administration Phil Messina, City Manager Chris Clayton, Assistant City Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev Adams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department Jon Zeliff, Chief VIII.MAYOR’S REPORT IX.CITY MANAGER’S REPORT X.COUNCIL REPORTS XI. DEPARTMENT REPORTS XII.EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIII.ADJOURNMENT Consent Agenda CAP052412 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes May 10, 2012 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol Fischer, Kelly Geiger, and Kay Harrison were present. Ellie George was absent. City Manager Phil Messina; City Attorney Paul Nolte; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; Human Resource Director Barb Robson; Assistant City Manager Chris Clayton; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES United States Postal Service Representative Mr. Russell Rainey from the Real Estate Division of the United States Post Office addressed the council to inform them that the Federal Post Office is now in the phase of final preparation for selling the Central Point building at 625 E. Pine Street. He stated that the Post Office plans to relocate in the core of downtown Central Point. They are asking for recommendations of buildings in the area between, Front Street, Interstate 5, Manzanita and Alder. They will still have the same services available in the new location, but they are in need of a smaller building. They will be consolidating the vehicles at the Sage Road building. The current building is too large for their needs and they feel that it is best if they lease something smaller to save energy. The Federal Post Office will be keeping the Central Point Mayor involved in all actions taken for this facility. There will also be 30 days after each action for the community to voice their concerns and opinions. Mr. Rainey stated that the City has allowed for him to be in the Council Chambers on Friday morning between 10:00 a.m. and 11:30 a.m. to answer questions from the public. V. CONSENT AGENDA A. Approval of April 26, 2012, City Council Minutes B. Proclamation – National Police Week May 13 – 19, 2012 and Peace Officers Memorial Day CAP052412 Page 2 City of Central Point City Council Minutes May 10, 2012 Page 2 Allen Broderick made a motion to approve the Consent Agenda as presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA - None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing – First Reading of an Ordinance Amending the Central Point Zoning Map and Comprehensive Plan Map in the Vicinity of Table Rock and Biddle Roads Replacing 7.61 Acres of Land Zoned C-N, Neighborhood Commercial to M-1 Industrial and from Neighborhood Convenience to Light Industrial in the Comprehensive Plan (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800) Community Development Director Tom Humphrey stated that this is a public hearing and the first reading of an ordinance to consider comprehensive plan and municipal code zoning amendments. The Community Development Department has had conversations with property owners along Table Rock Road regarding the C-N, Neighborhood Commercial zoning in which their properties are located. These property owners believe that the nature of their light manufacturing businesses don’t fit in this land use designation and zoning category. The C-N Neighborhood Commercial zoning category was intended for use in predominantly residential settings to accommodate convenience markets. Originally the Central Point East Subdivision was going to have a connecting street to Table Rock and the plan was to have zoning for a neighborhood market at that proposed intersection. That connection never took place and the property owners would now like to change the zoning to match other properties in the area and their original businesses. The Citizens Advisory Committee and the Planning Commission are in support of this proposal and recommended approval by the City Council. There was one property owner who expressed concern about the home which is located in the area. Their concerns were addressed by the Planning Commission. Mayor Williams opened the Public Hearing. No one came forward and the public hearing was closed at 7:25 p.m. There was a brief discussion regarding annexing the properties along Table Rock Road. Mr. Humphrey stated that staff has not approached the property owners but could begin discussions on this. He believes that changing the zoning along this area would encourage the owners to annex. At this time there is no incentive to annex to the city. CAP052412 Page 3 City of Central Point City Council Minutes May 10, 2012 Page 3 Kay Harrison made a motion to move to second reading an Ordinance Amending the Central Point Zoning Map and Comprehensive Plan Map in the Vicinity of Table Rock and Biddle Roads Replacing 7.61 Acres of Land Zoned C-N, Neighborhood Commercial to M-1 Industrial and from Neighborhood Convenience to Light Industrial in the Comprehensive Plan (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800). Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. VIII. BUSINESS A. Committee Appointments Mayor Williams stated that there are several vacancies on the Parks and Recreation Foundation. We have received two applications. Holly Drake works at Peoples Bank in Central Point and lives on Isherwood Drive, and Robert Coplen lives on Valley Heart Lane and works for the Rogue Creamery. Mayor Williams recommends appointing both the Parks Foundation. Kay Harrison made a motion to appoint Holly Drake and Robert Coplen to the Parks Foundation with terms ending December 31, 2015. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. Mayor Williams stated that the Multicultural Committee currently has four members. The City has received an application from Adam McCarthy who works for Harry and David and lives on Rock Way. Mayor Williams recommends appointing Mr. McCarthy to the Multicultural Committee. Mr. McCarthy introduced himself to the City Council, he is looking forward to being part of the community and looks forward to helping make sure that multiple cultures are represented at the local government level. Bruce Dingler made a motion to appoint Adam McCarthy to the Multicultural Committee with a term ending December 31, 2015. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. B. Planning Commission Report Community Development Director Tom Humphrey reported that the Planning Commission discussed one item on May 1, 2012. They considered the Comprehensive Plan (map) and Municipal Code Zoning (map) amendments from C-N, Neighborhood Commercial to M-1, light Industrial on Table Rock Road. The amendment was initiated by the City Council to make land use and zoning along Table Rock Road more consistent with Jackson County and the City of Medford designations. This change could create an incentive for new businesses to annex and/or relocate to Central Point. The proposal is supported by the state and local CAP052412 Page 4 City of Central Point City Council Minutes May 10, 2012 Page 4 agencies and there were no adverse impacts indentified by them or property owners in the area. The Commission recommended approval by the City Council. Kay Harrison made a motion to approve the Planning Commission report as presented for May 1, 2012. Allen Broderick seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams stated that he had no report at this time because he had been out of town for several weeks. X. CITY MANAGER’S REPORT City Manager Phil Messina reported that he: • Attended a SOREDI meeting where they have made some positive moves on the Angel Investment program. There are a network of companies in the area that will benefit from this program. • We are an official sponsor of the Red, White and Boom celebration again for 2012. There will be several events going at the Expo to accommodate the crowd. • He attended the Medford Water Commission meeting last week. • Staff is asking for an Executive Session after the regular meeting to discuss union negotiations. XI. COUNCIL REPORTS Council Member Carol Fischer reported that she attended the Budget Committee meeting and a grand opening for RVTD. Council Member Kay Harrison reported that: • She attended the RVSS Board meeting • She attended an Medford Water Commission Meeting • RVCOG has sent out surveys to all their members. Please complete the surveys they will help plan their future. Council Member Allen Broderick stated that he attended the Budget Committee meeting, Arts Commission meeting, and the Parks and Recreation meeting where they talked about master planning. XII. DEPARTMENT REPORTS Police Chief Jon Zeliff reported that the department has been busy in preparation of the change of command. They have announced that Jarod Pomeroy will be the new Lieutenant. They shall continue to fill the vacancies from within. Community Development Director Tom Humphrey stated that there is a tentative schedule for the next phase of the RPS process. Hopefully the Planning CAP052412 Page 5 City of Central Point City Council Minutes May 10, 2012 Page 5 Commission and City Council will have their responsibilities complete by November. XIII. EXECUTIVE SESSION Kay Harrison made a motion to adjourn into Executive Session under ORS 192-660 (2)(d) Labor Negotiations. Carol Fischer seconded. All said “aye” and the meeting was adjourned into executive session at 7:45 pm. The Council returned to regular meeting at 8:20 p.m. No action was taken. XIV. ADJOURNMENT Kay Harrison moved to adjourn, Carol Fischer seconded, all said “aye” and the Council Meeting was adjourned at 8:23 p.m. The foregoing minutes of the May 10, 2012, Council meeting were approved by the City Council at its meeting of May 26, 2012. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder CAP052412 Page 6 CA P 0 5 2 4 1 2 Pa g e 7 CA P 0 5 2 4 1 2 Pa g e 8 CA P 0 5 2 4 1 2 Pa g e 9 CA P 0 5 2 4 1 2 Pa g e 1 0 CA P 0 5 2 4 1 2 Pa g e 1 1 CA P 0 5 2 4 1 2 Pa g e 1 2 CA P 0 5 2 4 1 2 Pa g e 1 3 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 STAFF REPORT DATE: MAY 16, 2012 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: Temporary Street Closures for Battle of the Bones 2012. SUMMARY: The 2012 Battle of the Bones event will be held on June 22, 23, and 24 in Twin Creeks Park. General setup will be start on Thursday June 21, 2011. The Twin Creeks Crossing Loop and a portion of Silver Creek Drive will be shut down throughout the event. The northern and western portion of the loop and Silver Creek Drive will be opened in morning and late night hours from the 21st thru the 24th. The southern portion of the loop will be closed the morning of the 22nd and will not reopen until after the event is closed on June 24th. RECOMMENDED MOTION: Staff recommends the temporary street closures. Parks & Public Works Department Matt Samitore, Director CAP052412 Page 14 140 S. Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.6384 CAP052412 Page 15 Ordinance Amending Comp Plan and Zoning Maps CAP052412 Page 16 STAFF REPORT Community Development Tom Humphrey, AICP Community Development Director STAFF REPORT May 24, 2012 ITEM: Second Reading of an Ordinance to Consider Comprehensive Plan (map) and Municipal Code Zoning (map) Amendments from C-N, Neighborhood Commercial to M-1, Light Industrial for 7.61 acres on Table Rock Road north of Pine Street/Biddle Road in the Central Point Urban Growth Boundary. Applicant: City of Central Point STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: The Community Development Department has had conversations with property owners along Table Rock Road regarding the C-N, Neighborhood Commercial zoning in which their properties are located. These property owners believe that the nature of their light manufacturing businesses don’t fit in this land use designation and zoning category. Their businesses involve light manufacturing which is not allowed in the C-N zoning district. In one case, a new business would like to move to Central Point and develop vacant land along Table Rock Road that is already in the city limits. The zoning prevents him from doing so. In another case, the manufacturing business already exists outside city limits (UGB) in a county industrial zone and there is no incentive for the property owner to annex knowing that the property would be out of compliance once he does. DISCUSSION: The majority of the land west of Table Rock Road between Vilas and Pine/Biddle Roads is already designated for industrial use in the County and the City of Central Point. The same is true east of Table Rock Road in the County and the City of Medford. There is no incentive for industrial property owners and manufacturing businesses to annex to the city if the city and county land uses are inconsistent. Public hearings and input from the State and local agencies have supported the City’s move to make the aforementioned changes. The Citizens Advisory Committee and the Planning Commission supported this proposal and recommended that the Council approve the amendments. Findings of fact and conclusions of law have been made to support this amendment. The findings have been based on Oregon State Planning Goals and the City’s municipal code. ISSUES: No significant issues have surfaced relative to this proposal. ATTACHMENTS: Attachment A: Ordinance No. ___ Amending the Central Point Zoning Map and Comprehensive Plan Map in the Vicinity of Table Rock and Biddle Roads ACTION: CAP052412 Page 17 Conduct a second reading of an Ordinance to amend the Comprehensive Plan (map) and municipal code, zoning (map) to from commercial land use designations and zoning to light manufacturing ones along Table Rock Road. RECOMMENDATION: Approve an ordinance to amend the Comprehensive Plan (map) and municipal code, zoning (map) from commercial land use designations and zoning to light manufacturing ones along Table Rock Road. CAP052412 Page 18 ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP AND COMPREHENSIVE PLAN MAP IN THE VICINITY OF TABLE ROCK AND BIDDLE ROADS REPLACING 7.61 ACRES OF LAND ZONED C-N, NEIGHBORHOOD COMMERCIAL TO M-1 INDUSTRIAL AND FROM NEIGHBORHOOD CONVENIENCE TO LIGHT INDUSTRIAL IN THE COMPREHENSIVE PLAN (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800) Recitals: A. The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B. The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City and County Comprehensive Plans. C. Pursuant to authority granted by the City Charter and the ORS, the City has determined to amend the Central Point Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D. Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Amendments – Purpose and Chapter 17.96.010, Procedure, the City has initiated the amendments and conducted the following duly advertised public hearings to consider the proposed amendments: a) Planning Commission hearing on May 1, 2012 b) City Council hearings on May 10 and May 24, 2012. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City Comprehensive Plan map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein. Section 3. The City zoning map is hereby amended as set forth in Exhibit 2 which is attached hereto and by this reference incorporated herein. Section 4. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. CAP052412 Page 19 Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder CAP052412 Page 20 Ta b l e R o c k R d E Pine/ Biddle Rd BIDDLE ROAD BEEBE RD RI D G E W A Y A V E W H I T E O A K A V E TA B L E R O C K R D BROOKDALE DR M E A D O W B R O O K D R N M O U N T A I N A V E PARKWOOD VILLAGE LN LIVE OAK LOOPOAKVIEW AVE ORCHARDVIEW AVE PR I N S L O W D R RIDGEWA Y C I R RI D G E W A Y A V E Legend Amendment Area Urban Growth Boundary City Limits Comprehensive Plan Tourist and Office Proffessional General Commercial Light Industrial Central Point Comprehensive Plan Land Use Exhibit 1 CAP052412 Page 21 BIDDLE ROAD BEEBE R D RI D G E W A Y A V E W H I T E O A K A V E TA B L E R O C K R D BROOKDALE DR M E A D O W B R O O K D R N M O U N T A I N A V E OAKVIEW AVE ORCHARDVIEW AVE VI L L A G E A V E PR I N S L O W D R RIDGEW A Y C I R RI D G E W A Y A V E Legend Amendment Area Urban Growth Boundary Central Point City Limits Central Point Zoning C-4 = Tourist and Office C-5 = Thoroughfare Commercial M-1 = Industrial Central Point Zoning Districts Exhibit 2 CAP052412 Page 22 Resolution MWC Intergovernmental Agreement on Water Conservation CAP052412 Page 23 TO: Mayor and City Council Members FROM: Chris Clayton, Assistant City Manager SUBJECT: Water conservation intergovernmental with the Medford Water Commission DATE: 5-17-2011 Council Members: Background Information In an effort to study regional water conservation the Medford Water Commission and its outside city customer group (Central Point, Eagle Point, Talent, Phoenix, and Jacksonville) submitted a joint grant application requesting State funds. Upon notification that our joint application had been reviewed, approved, and funded by the Oregon Water Resources Department, all partners felt an intergovernmental agreement would be appropriate. The attached intergovernmental agreement establishes boundaries and responsibilities for the involved partners, and defines the administrative needs of the project. Recommendation Staff is recommending approval of the proposed intergovernmental agreement and associated resolution. Attachments 1. Intergovernmental agreement resolution for adoption. 2. Proposed Intergovernmental agreement. INTEROFFICE MEMO Administration Department Phil Messina, City Manager Chris Clayton, Assistant City Manager Deanna Casey, City Recorder Barb Robson, Human Resources Director CAP052412 Page 24 RESOLUTION NO. _______ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MEDFORD WATER COMMISSION AND ITS OUTSIDE CITY CUSTOMERS CENTRAL POINT, EAGLE POINT, PHOENIX, TALENT, AND JACKSONVILLE TO ADMINISTER GRANT FUNDS DEDICATED TO STUDYING WATER CONSERVATION RECITALS: A. The Parties believe that a consolidated effort to examine water conservation will benefit all the parties by identifying opportunities to conserve water and thereby potentially extend the time-line to expand the Water Commission’s treatment plant and extend the time-line for the outside city customers to secure additional water rights when Medford no longer enjoys surplus water supply under its water rights, such surplus which it currently sells to the outside city customers through separate agreements. B. This Agreement is entered into under authority of ORS 190.010, to perform functions that the individual authorities are authorized to perform, in this case to administer a grant awarded by the Oregon Water Resources Department to jointly retain a consultant study opportunities to conserve water for the customers served by the Medford Water Commission. The City of Central Point resolves as follows: Section 1. The attached Intergovernmental agreement is a “draft-final” agreement. After receiving a signed “final” copy from the Medford Water Commission, the Mayor is authorized to execute the agreement on behalf of the City. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder CAP052412 Page 25 1 Intergovernmental Agreement To Procure Consultant to Study Water Conservation Opportunities For the Customers Served by the Medford Water Commission I. Parties The Parties to this agreement are the Medford Water Commission, and its outside city customers Central Point, Eagle Point, Phoenix, Talent and Jacksonville, wish to examine water conservation strategies. II. Purpose The Parties believe that a consolidated effort to examine water conservation will benefit all the parties by identifying opportunities to conserve water and thereby potentially extend the time-line to expand the Water Commission’s treatment plant and extend the time-line for the outside city customers to secure additional water rights when Medford no longer enjoys surplus water supply under its water rights, such surplus which it currently sells to the outside city customers through separate agreements. This Agreement is entered into under authority of ORS 190.010, to perform functions that the individual authorities are authorized to perform, in this case to administer a grant awarded by the Oregon Water Resources Department to jointly retain a consultant study opportunities to conserve water for the customers served by the Medford Water Commission. There is no transfer of personnel or property real or personal from one entity to another under this agreement. This Agreement does not create an intergovernmental entity. III. Contribution of Parties to Carrying out the Grant Award The parties intend to contribute toward the grant award as follows: A. Medford Water Commission 1) Monetary contribution $50,000 for Independent Contractor Consultant to study conservation opportunities. 2) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Laura Hodnett; other staff as applicable per consultant B. Central Point 1) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Chris Clayton; other staff as applicable per consultant C. Eagle Point 1) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Robert Miller; other staff as applicable per consultant CAP052412 Page 26 2 D. Jacksonville 1) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Jeff Alvis; other staff as applicable per consultant E. Talent 1) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Jeff Ballard; other staff as applicable per consultant F. Phoenix 1) Staff time and resources for technical assistance and input to assist Consultant. a) Staff: Joe Strahl; other staff as applicable per consultant Each party shall track the staff time using a standardized time sheet either as supplied by the granting authority or as created by grant co-administrators that will show personnel, hourly rate, hours, and other expenses incurred such as mileage, equipment, copies and supplies. For purposes of administering the grant, all staff time logs shall be submitted to the co- grant co-administrators. IV. Grant Co-Administrators The Grant Co-Administrators shall be: Larry Rains, Manager Joe Strahl Medford Water Commission Public Works Management 200 S. Ivy Street 60 N. 4th Street Medford, OR 97501 Central Point, OR 97502 A.) The Grant Co-Administrators shall be responsible for administering the grant, including but not limited to: 1) Review and comment on TAC recommendations to the parties with respect to the solicitation documents and process; 2) Review and comment on TAC recommendations to the consultant; 3) Review and submit any documents required by the OWRD in carrying out the grant; and 4) Other such responsibilities as are reasonable and necessary to carry out the grant. V. Technical Advisory Committee The parties shall delegate a Technical Advisory Committee (TAC) consisting of personnel from each party, specifically named above under staff resources for grant administration. CAP052412 Page 27 3 The functions of the TAC are to formulate the scope of work for the consultant for the procurement, and to assist the consultant as needed during the study. All TAC meetings shall follow Oregon Public Meetings Laws. The TAC shall submit its scope of work for procurement of the consultant to the Grant Co-administrators, who will review it and submit it to the parties for approval. It is permissible for the scope of work for the procurement to vary from the possible tasks identified in the grant application. It is anticipated that the final scope of work will also receive input from the OWRD. Once the parties have agreed upon a scope of work, an independent contractor consultant shall be jointly procured. VI. Joint Procurement of Independent Contractor Consultant for Conservation Options The parties shall jointly procure a consultant to conduct the study of conservation options. The cost of the conservation study shall not exceed $150,000. The consultant shall be paid $100,000 from the grant and shall be paid the balance of the contract by the Water Commission. a. Procurement guidelines 1. Procurement procedures will be as set forth in the Medford Water Commission procurement regulations. 2. The form of contract shall be per the Medford professional services contract 3. Procurement scope of work shall be formulated by the TAC per above 4. Choice of the consultant must be unanimous by all parties. 5. The consultant shall study the separate water supply systems owned and operated individually by the parties 6. The consultant shall study the conservation efforts implemented by the parties 7. The consultant shall report to the parties the results of the conservation study a. Results may include opportunities for conservation per individual system and shared among the different systems 8. Consultant may report at separate meetings or at a joint meeting The Water Commission shall be responsible for the procurement, and the expenses of the procurement process will be credited to the Water Commission’s cash contribution. VII. Adoption of Conservation Strategies After presentation of the results of the consultant’s work, the parties may, individually and at the discretion of each separate party, identify and implement the conservation measures that the parties deem appropriate for their particular jurisdictions, subject to the terms of the existing water service agreements, as applicable. Any of the parties have the option to adopt joint conservation strategies and programs, as applicable, by separate agreement. It is possible for less than all of the parties to enter such agreements. CAP052412 Page 28 4 VIII. Future Analysis of Water Rights Strategy It is the parties’ hope that after conservation efforts have been identified and implemented, each entity will use a lower rate of water per end user, and will limit leakage and other water loss throughout their systems. After analysis of usage and conservation data has been conducted, the parties, by separate agreement, may determine a schedule for obtaining new water rights different from the terms reflected in the existing water service agreements, as applicable. IX. Termination This agreement may be terminated at any time by mutual agreement of all parties. Upon such termination, each party will be responsible for its own costs incurred up to point of termination, and any penalties or other costs imposed by the granting authority. X. Opt-out provision Any party to this agreement may withdraw from this agreement at any time. Any party withdrawing from the agreement shall submit written notice of withdrawal in writing to the co-grant administrators. Each withdrawing party will be responsible for its own costs incurred up to point of termination, and any penalties or other costs imposed by the granting authority. XI. No delegation of policy or decision-making authority Notwithstanding the formation of the TAC no party to this agreement is delegating any decision-making authority, policy or otherwise, to any other party or collection of parties. Each jurisdiction retains its authority to follow any recommendation from the consultant, the TAC or any other source under this agreement. XII. No Assumption or Imposition of Conditions or Duties This agreement creates no new duties on the parties other than cooperation in the procurement of the consultant. XIII. Effective Date This agreement will be effective on when signed by all parties, on the date of the last signature. The signatures may be by duplicate original counterparts. Signed Medford Water Commission Signed City of Central Point CAP052412 Page 29 5 Signed City of Eagle Point Signed City of Jacksonville Signed City of Phoenix Signed City of Talent CAP052412 Page 30