HomeMy WebLinkAboutCAP011217CITY OF CENTRAL POINT
City Council Meeting Agenda
January 12, 2017
Next Res. 1483
Next Ord. 2031
i. OATH OF OFFICE – 7:00 P.M.
I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES – Comments will be limited to 3 minutes per
individual or 5 minutes if representing a group or organization.
V. CONSENT AGENDA
Page 2 - 9 A. Approval of December 8, 2016 Council Minutes
10 - 11 B. Approval of Committee Reappointments for 2017
12 - 13 C. Approval of Child Trafficking Awareness Proclamation
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. BUSINESS
-- -- -- A. Council President Appointment (Mayor)
15 - 17 B. Council Representation Appointments (Mayor)
19 - 40 C. New Committee/Commission Appointments (Williams)
42 - 47 D. Audit Presentation (Weber)
49 E. Planning Commission Report (Humphrey)
51 - 52 F. Sidewalk Replacement Assistance Program (Samitore)
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
54 - 71 A. Resolution No. _______, A Resolution Adopting the
2017 Rules of the City Council and Code of Ethics
(Clayton)
Central Point
City Hall
541-664-3321
City Council
Mayor Hank Williams
Ward I Bruce Dingler
Ward II Michael Quilty
Ward III Brandon Thueson
Ward IV Taneea Browning
At Large Allen Broderick Rob Hernandez
Administration Chris Clayton, City Manager Deanna Casey, City Recorder
Community Development Tom Humphrey, Director
Finance Steven Weber, Director
Human Resources Elizabeth Simas, Director
Parks and Public Works Matt Samitore, Director Jennifer Boardman, Manager
Police Kris Allison Chief
73 - 75 B. Resolution No. _________, A Resolution Declaring the City Council’s
Intent to Initiate an Amendment to the Central Point Municipal code
Chapter 17, Zoning to Clarify the Administration of Current Policies and
Standards (Humphrey)
77 - 115 C. Resolution No. ____________, A Resolution Recommending Adoption of
an Agreement Between the City of Central Point and the Central Point
Chamber of Commerce for Contract Operations of the City’s Visitor
Information Center (Clayton)
117 - 160 D. Public Hearing/First Reading of an Ordinance Amending the Land Use
Element (Text and Maps) of the Central Point Comprehensive Plan to
Update the Commercial Land Use Section that Document Actions Taken
in the Past Allow a Wider Range of Employment Uses and Facilitate
Greater Job Creation in Central Point (Humphrey)
162 - 181 E. Public Hearing/First Reading of an Ordinance an Ordinance Amending the
Central Point Zoning Map on Tax Lot 802 of 37S2W01C (4.87 Acres) From
C-4, Tourist and Office Professional to C-5, Thoroughfare Commercial
Zoning (Humphrey)
X. MAYOR’S REPORT
XI. CITY MANAGER’S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. 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.
XV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail at: Deanna.casey@centralpointoregon.gov . Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
Consent Agenda
CAP011217 Page 1
CITY OF CENTRAL POINT City Council Meeting Minutes
December 8, 2016
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, Brandon
Thueson, Taneea Browning, Rick Samuelson, and Mike
Quilty were present.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Kris Allison; Planning Manager Don Burt; Community Planner Stephanie Holtey; Parks and Public
Works Director Matt Samitore; IT Director Jason Richmond; and City Recorder Deanna Casey were also present.
IV. PUBLIC APPEARANCES - None
V. SPECIAL PRESENTATION
Recognition of Charles Piland for his 35 years of service on the Planning Commission.
Recognition of Rick Samuelson Jr. for his 4 years of service on the City
Council. V. CONSENT AGENDA A. Approval of November 10, 2016 City Council Minutes
Allen Broderick moved to approve the Consent Agenda as presented.
Taneea Browning seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes;
Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 1480, A Resolution Canvassing the Votes Cast at the
General Election held November 8, 2016
City Manager Chris Clayton explained that the proposed resolution is required by
the City Charter to certify the election results after every election. The resolution
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City of Central Point City Council Minutes December 8, 2016
Page 2
specifies who won the election for each position and the final tally for the three measures presented to the voters of Central Point.
The 2016 election results, certified by the Jackson County Clerk and canvassed and ratified by the City Council by resolution, it is hereby found, determined and
declared that the following are the official results of the general election held on November 8, 2016.
APPROVED: Measure 15-146: shall city of central point prohibit recreational marijuana producers, processors, wholesalers and retailers in city limits.
APPROVED: Measure 15-147: shall city of central point prohibit medical marijuana processors and medical marijuana dispensaries in city limits.
APPROVED: Measure 15-148: shall city of central point impose a three percent tax on the sale of marijuana items by a marijuana retailer.
COUNCIL WARD IV Taneea Browning
COUNCIL MEMBER AT-LARGE Allen Broderick Rob Hernandez MAYOR OF CENTRAL POINT Hank Williams
Mike Quilty moved to approve Resolution No. 1480, A Resolution Canvassing the Votes Cast at the General Election held November 8, 2016. Brandon Thueson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes;
Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick
Samuelson, yes; and Mike Quilty, yes. Motion approved.
B. Ordinance No. 2030, Updating and Adopting the Central Point Comprehensive Plan Population and Demographics Element (2016-
2036)
City Attorney Sidney Dreyer explained that this is the second reading of an Ordinance updating and adopting the Central Point Comprehensive Plan
Population and Demographics Element 2016-2036. There were no changes recommended at the first reading of the Ordinance. This is one of the steps needed to update the Central Point Housing Element which will then allow the
City to expand the Urban Growth Boundary.
Rick Samuelson moved to approve Ordinance No. 2030, Updating and Adopting the Central Point Comprehensive Plan Population and Demographics Element (2016-2036). Taneea Browning seconded. Roll call:
Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon
Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
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City of Central Point City Council Minutes December 8, 2016
Page 3
C. Resolution No. 1481, Authorizing Staff to Seek Debt Financing that
will refinance the City’s Water Reservoir Loan and Finance the East Pine Streetscape Project Finance Director Steven Weber explained that while reviewing potential savings
on a refinance of the City’s water reservoir loan, discussions turned to financing the Development Commission’s East Pine Streetscape project. If the
Development Commission financed the project on its own, it would be limited to a
debt capacity and at interest rates between 4.5% and 5%. However there is the opportunity to “piggy back” with the refinancing of the City’s water reservoir loan
which would provide more funds towards the project while taking advantage of
the lower interest rates.
The proposed resolution directs staff to continue reviewing the options available
for both financing options. Once the structure of the financing has been determined a resolution authorizing that particular debt issuance and an in
intergovernmental agreement between the City and the Development Commission will be presented to the City Council in January.
There was discussion that even if the City does not want to finance the Pine Streetscape with this option it would be a good idea to refinance the reservoir. Mike Quilty approved Resolution No. 1481, Authorizing Staff to Seek Debt Financing that will refinance the City’s Water Reservoir Loan and Finance
the East Pine Streetscape Project. Brandon Thueson seconded. Roll call: Hank
Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion
approved.
D. Resolution No. 1482, Allowing a Budget Increase Pursuant to ORS
294.471(1)(a), Providing for the Receipt and Expenditure of Unanticipated Revenues in the 2015/2017 Budget
Mr. Weber explained that the Police Department received $15,000 in asset forfeiture funds through their work with Medford Area Drug and Gang Enforcement (MADGE). These funds were not anticipated when the 2015/2017
budget was adopted. The Department would like to use the proceeds to start a narcotics K-9 program in Central Point. The proposed resolution meets the requirements of ORS 294.471 (1)(a).
Allen Broderick moved to approve Resolution No. 1482, Allowing a Budget
Increase Pursuant to ORS 294.471(1)(a), Providing for the Receipt and Expenditure of Unanticipated Revenues in the 2015/2017 Budget. Taneea Browning seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Taneea
Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson,
yes; and Mike Quilty, yes. Motion approved.
VIII. BUSINESS
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City of Central Point City Council Minutes December 8, 2016
Page 4
A. Planning Commission Report
Planning Manager Don Burt presented the Planning Commission Report for December 6, 2016:
The Planning Commission considered approval of a Type IV Legislative Comprehensive Plan Amendment to Update the Land use Element and to
modify the Central Point Comprehensive Plan Map from Tourist and Office Professional to Thoroughfare Commercial at 4901 Biddle Road. After receiving public testimony, the Commission voted unanimously to approve
the resolution.
The Planning Commission held a public hearing to consider approval of a
zone change from C-4, Tourist and Office Professional to C-5, Thoroughfare Commercial at 4901 Biddle Road. The Commission considered the rezoning
to be consistence with Comprehensive Plan amendments. After receiving
testimony, the commission voted unanimously to approve the resolution.
The Commission held a public hearing to consider a Conditional Use Permit
application for a light fabrication use in the proposed C-5, Commercial Thoroughfare zoning district. The applicant is Rogue Valley Microdevices/tail
light properties. Staff explained three specific issues with the project including
hazardous materials; parking adjustments; and off-street loading berths. After receiving testimony and determining that each of these issues would be
satisfied the Commission approved the CUP contingent upon subsequent
approval of a plan amendment and zone change.
The Commission approved a Site Plan and Architectural review of a building
to house Rogue Valley Microdevices, Inc. Corporate Headquarters and Light Fabrication Facility. The Commission was introduced to the Sight Plan and
specifics of the building. They were satisfied that any issues would be taken
care of with the final plans. The approval is contingent upon CUP Approval and Comprehensive Plan Amendment and zone change by the City Council.
The Commission was introduced to a proposed Ordinance regarding appeal of Type II and Type III decisions. The public hearing for this item will be
noticed and held in January.
B. Approval of Backflow Inspection Bid
Parks and Public Works Director Matt Samitore explained that there were two bid proposals for the Backflow Inspection program. B-2 Backflow Service from Eagle
Point was the low bid with a base charge of $11.99 and a re-test amount of $7.00. City customers are billed $1.00 per month if they have a registered
backflow or have an in ground sprinkler system. The proposed bid will be
covered by the current program. There was discussion regarding the types of devices that are acceptable to the
city. They can be bought locally. Mr. Samitore explained the process and how many are done on an average per month.
Rick Samuelson moved to award the Backflow Inspection Bid to B-2 Backflow Service from Eagle Point. Mike Quilty seconded. Roll call: Hank
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City of Central Point City Council Minutes December 8, 2016
Page 5
Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion
approved.
IX. MAYOR'S REPORT
Mayor Williams reported that:
He attended the Medford Chamber Forum.
He attended the Medford Water Commission meetings where they
discussed a new rate structure. Central Point rate is going down 2% while Medford City customers will see an 11% increase.
He was a judge for the Providence Festival of Trees again this year. It is a great event and he enjoys being a judge.
He attended the Central Point Light Parade and the Community
Christmas event. He is pretty sure this was the most attended year. Everyone seemed to be having a good time.
X. CITY MANAGER’S REPORT
City Manager Chris Clayton reported that:
He will be sending out a letter for review regarding the nomination for
Paula Brown to an Oregon State Transportation Commission Nomination. He explained her background and would like feedback from the Council regarding sending the letter to the Governor’s office.
The Intergovernmental Agreement with the State for Exit 33 improvements is ready to be executed. The State has agreed to the
language in the agreement regarding the Costco appeal.
Council Members are all invited to our City Attorney’s office for their
annual Christmas Party.
Council Member Mike Quilty had an interview with Charter Local Edition
Northwest. He will send a link to the interview on YouTube tomorrow with
his weekly report. XI. COUNCIL REPORTS Council Member Mike Quilty reported that:
He was invited by Charter Local Edition Northwest to talk about local transportation issues. It was a pretty good interview and would do it again
if invited.
He attended a bi-plane dedication in South Medford memorializing some
of the aviation attractions in the valley.
CMAQ is working on transportation funds for the Rogue Valley.
The MPO will be meeting on December 22nd regarding alternative measures on how to calculate mileage per person.
He will be heading North after the meeting tonight to attend additional transportation meetings and keep funding coming to Southern Oregon.
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City of Central Point City Council Minutes December 8, 2016
Page 6
Council Member Brandon Thueson reported that he attended the Bear Creek Greenway meeting; they are close to finishing the master agreement for all the
cities. The amount that Central Point pays towards the joint agreement is not expected to change.
Council Member Rick Samuelson reported that:
He attended the Veterans Day Event in November.
He attended the Community Christmas; it was well attended by the community.
He attended an RVCOG meeting. RVCOG is a well-run and good community partner. He hopes that someone will take his place as a
council representative. Their Meals on Wheels program is very important to our senior community. We need to continue to support the program.
Council Member Bruce Dingler did not have a report but wanted to thank Council Member Rick Samuelson for his time on the Council and attending the RVCOG meetings.
Council Member Taneea Browning reported that she:
Attended the Veteran’s Day Celebration.
Attended the Medford Chamber Forum with Mayor Williams.
Attended a Fire District No. 3 Board meeting.
Assisted in serving Thanksgiving dinner to the hungry at The Point on
Thanksgiving Day.
Attended the Decorate Downtown on Friday December 2nd where they
helped hang garland on some of the businesses.
Attended the Light Parade and Community Christmas.
Attended the Crater Foundation Dessert Auction.
Council Member Allen Broderick reported that he attended the Light Parade and Community Christmas. He has also had a problem with a few homeless people
sleeping in the bushes around his business at Pine and 4th Streets.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
They have had good feedback regarding the new parade route this year.
We have reached our limit on the amount of floats and participants we can have for this parade. It was one of our better attended events of the
year.
We have completed 90% of the required plans for the Twin Creeks Rail
Crossing.
We are applying for a CMAQ grant for Pine Street. This is the second
largest grant we have ever applied for.
We have discovered that a storm pipe was never installed in a 1996 development along Beall Lane. They are concerned because the water is
draining into the ground under the sidewalk and streets. There may be a
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City of Central Point City Council Minutes December 8, 2016
Page 7
sink hole under the infrastructure. We will be researching and testing the ground in the area to see how to fix this potential problem.
Police Chief Kris Allison reported that:
The Parade went well from the Police side, there were no issues
reported.
1210 Freeman and 523 Cherry are two nuisance properties they have
been working with. The Judge has given them extra time to fix issues with the properties.
Mon Desir has been cleaned up. The old vehicles have been removed and temporary fencing has been installed. Hopefully the property will sell
soon and develop.
Robby Mannenbach and Peter Bildon will be our 2017 DARE Officers.
They are in training right now, the program starts in January.
Information Technical Services Director Jason Richmond reported that he took
his family to the Community Christmas and they had a great time. Will Hetrick is returning from a three week vacation and he is looking forward to catching up on several projects. He did provide IT Support to Talent last week while their IT
person was on vacation.
Finance Director Steven Weber reported that:
They have had over 100 applications for the budget billing program. Sign up end soon.
He has been working on the budget calendar and gearing up for the next budget season.
The judge has issued a judgement on the property at 75 Bush Street. We have a 60 day window before we can move forward on the foreclosure of
the property. City liens would take priority over all other liens on the
property.
City Attorney Sydney Dreyer reported that we were able to talk with the judge regarding the reoccurrence of issues at 75 Bush Street. He recognizes the need to settle this issue. She updated the Council on the Costco process. The next
step will be a review of documents only, they will not be accepting any further testimony.
XIII. EXECUTIVE SESSION
Mike Quilty moved to adjourn to Executive Session under ORS 192.660 (2)(i) Employee Evaluations. Brandon Thueson seconded. All said aye and the meeting was adjourned into executive session at 7:52 pm.
The Council returned to regular session at 8:50 pm.
Mike Quilty moved for Mayor Williams to work with the Human Resources Director to tighten up language in the Managers Contract and execute as
discussed in Executive Session. Brandon Thueson seconded. Roll call: Hank
Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes;
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City of Central Point City Council Minutes December 8, 2016
Page 8
Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
XIV. ADJOURNMENT
Brandon Thueson moved to adjourn, Rick Samuelson seconded, all said “aye” and the Council Meeting was adjourned at 8:54 p.m.
The foregoing minutes of the December 8, 2016, Council meeting were approved by the City Council at its meeting of January 12, 2017.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________ City Recorder
CAP011217 Page 9
TO: Mayor and City Council
FROM: City Manager Chris Clayton
City Recorder Deanna Casey
SUBJECT: Reappointments to Committee and Commissions
DATE: January 12, 2017
It is time to reappoint members and a chairperson for various committees. This consent agenda item is for reappointments only.
Planning Commission
The term for Elizabeth Powell, and Mike Oliver expired December 31, 2016. Staff has received word from
both Mrs. Powell and Mr. Oliver that they would like to remain on the Planning Commission. Chuck Piland has resigned from the Commission with one year left on his term expiring December 31,
2017.
Rob Hernandez was elected to the City Council with a term ending December 31, 2017. There are currently two vacancies on the Planning Commission that need to be filled.
Current members are: Tom Van Voorhees Mike Oliver Elizabeth Powell
Craig Nelson Sr. Kay Harrison
Staff recommends reappointment of Elizabeth Power to Position 6 and Mike Oliver to Position 1 as
Planning Commission Chair with expiration dates of December 31, 2020.
Park and Recreation Commission There are no expiring terms or vacancies on the Parks and Recreation Commission at this time.
Current members are: Patricia Alvarez John Beck Dennis Browning
Mark Ludwiczak Neil Olsen Lee Orr Carl Orndoff
Staff recommends reappointment of Mark Ludwiczak as Chair.
Staff Report
Administration Department
Christopher Clayton, City Manager
Deanna Casey, City Recorder
CAP011217 Page 10
Multicultural Committee
There are no expiring terms on the Multicultural Committee at this time. Amy Sweet is the current Chair
Person. Current members are: Amy Sweet Christina Garrett Dolores Cadwllader
Rita Copado Fran Cordeiro-Settell Kieth Stone
Staff recommends reappointment of Amy Sweet as Chairperson. Budget Committee
The term for Bill Walton and Bill Stults expired December 31, 2016. Staff has spoken with both Mr.
Walton and Mr. Stults and they have both indicated that they would like to remain on the Budget
Committee.
Current members are:
Council: Mayor Williams Allen Broderick Taneea Browning
Mike Quilty Rob Hernandez Brandon Thueson Bruce Dingler
Citizen Members: Bill Walton Bill Stults Karen Huckins
Chris Richey
Staff recommends reappointment of Bill Stults and Bill Walton with terms expiring December 31, 2020.
ACTION: Approve the Consent Agenda and accept staff recommendations for reappointments of committee
members and Chair appointments.
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WHEREAS, Hundreds of thousands of underage girls and boys living in the United states, and vastly
greater numbers more abroad, suffer in silence under the intolerable yoke of modern slavery; and
WHEREAS, The great majority of men and women over the age of 18 were first trafficked as minors;
and
WHEREAS, the victims of this scourge of modern day slavery lose not only their freedom, but also
their dignity, families, emotional and psychological health—and too often their lives; and
WHEREAS, We stand with all those who are held in compelled service; we recognize the people,
organizations, and government entities that are working to combat child trafficking; and we recommit
to bringing an end to this inexcusable human rights abuse; and
WHEREAS, The steadfast defense of human rights is an essential part of our national identity, and
as long as children suffer the violence of sexual and forced-labor slavery, we must continue the fight;
and
WHEREAS The President of the United States has declared January each year as National Slavery
and Human Trafficking Prevention Month, so we also add our support to this important initiative.
NOW THEREFORE, Be It Resolved, I, Hank Williams, Mayor of Central Point, do hereby pro-
claim the month of January 201 , to be
“Child Trafficking Awareness Month”
And call upon citizens to recognize the vital role we can play in ending modern slavery and to
observe this month with appropriate programs and activities.
IN WITNESS WHEREOF, I hereby set my hand this _________, day of January, 201.
___________________________
Mayor Hank Williams
City of Central Point
CAP011217 Page 13
Business
Council Representation
Appointments
CAP011217 Page 14
STAFF REPORT
January 12, 2017
AGENDA ITEM: Briefing, Discussion and Adoption of city council assignments to local
boards, commissions, and committees
STAFF SOURCE:
Chris Clayton, City Manager
Deanna Casey, City Recorder BACKGROUND/SYNOPSIS:
With a newly seated city council it is time to formalize committee, commission and board
assignments for the upcoming year. There are a few assignments that need to be filled and this is
also a chance for Council Members to change their preferences regarding who they will be representing.
Each of these assignments represents an important opportunity for the City of Central Point Council
to exert influence and maintain relations with regional agencies and partners.
ATTACHMENTS:
1. Council assignment/liaison list.
RECOMMENDATION:
1. Council discussion and adoption of board, commission and committee assignments for calendar year 2017.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for a Council Appointments.
SUGGESTED MOTION:
I move to approve the 2017 city council committee, commission and board assignments as
discussed.
ADMINISTRATION DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-3321 · www.centralpointoregon.gov
CAP011217 Page 15
Last Revision January 6, 2017 Page 1
City Council Representatives
Boards, Commissions, Committees, Foundations
1. Central Point Citizens Advisory Committee, Bruce Dingler 6:30 p.m. 2nd Tuesday - January, April, July, October (Subject to Change) Contact: Tom Humphrey 541-423-1025
2. Parks and Recreation Commission, Allen Broderick,
Quarterly, Council Chambers Contact: Jennifer Boardman 541-423-1042
3. Parks and Recreation Foundation, Allen Broderick
Meetings vary Contact: Jennifer Boardman 541-423-1042
4. Multicultural Committee, Taneea Browning 2nd Monday Quarterly at 6:30 pm, Council Chambers
Contact: Deanna Casey 541-423-1026
5. RVCOG Board of Directors Meetings, ______________ 4th Weds, monthly, 11:45 a.m. Contact: 664-6676 ext. 202
6. Bear Creek Greenway Committee, Brandon Thueson, Jennifer Boardman
Meetings vary. Contact: Jenna Stanke 774-6231, stankeJS@jacksoncounty.org
7. Jackson County Expo Board, Mayor Williams
3rd Tuesday each month, 6:00 p.m. Fair Board Room
Contact: Helen Funk, 541-774-8270 8. So. Oregon Regional Econ. Dev. Inc. (SOREDI), Allen Broderick
1st Tuesday each month, 3:30 alternating between Medford and G.P
Contact: Angie 773-8946
9. School District No. 6 Board Meeting, Brandon Thueson 2nd and 4th Tuesday of each month, 7:30 p.m. Location varies
Contact: Robin 541-494-6200
10. Medford Water Commission, Hank Williams 1st and 3rd Wednesday each month, 12:30 p.m. Lausman Annex. Contact: Medford Water Commission 774-2430
11. Regional Problem Solving Committee, Chris Clayton, Hank Williams
1st Tuesday each month, 7:30 a.m. RVCOG Contact: Sandi 541-423-1334
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Last Revision January 6, 2017 Page 2
12. Transportation Advocacy Committee (TRADCO), Mike Quilty
2nd Tuesday each month, 12:00 p.m. Jackson County Contact: Kim Parducci 774-2100
13. Metropolitan Planning Organization (RVMPO), Mike Quilty, Hank
Williams, 4th Tuesday each month, 2:00 p.m. Smullin Center
Contact: Vickie Guarino 541-423-1333
14. Airport Advisory Committee, Tom Humphrey
3rd Monday of each month, Noon at Airport Terminal
Contact: Vicki Waltner 541-776-7222
15. Medford-Ashland Air Quality Maintenance Area, Mike Quilty,
Kay Harrison. Meeting dates and times vary
16. Rogue Valley Area Commission on Transportation, (RVACT) Hank
Williams representative (Tom Humphrey is Alternate)
2nd Tuesday each month, 9:00 a.m. Location varies
Contact: Pat Foley 541-423-1372
17. Jackson County Fire District No. 3 Board, Taneea Browning
3rd Thursday each month, 7:30 p.m. White City Station
Contact: Dan Peterson, 541-826-7100
18. Visitor Information Center, Taneea Browning,
2nd Tuesday each month, 12:00 p.m.
Contact: Chamber 664-5301
Not represented at this time:
Regional Sewer Rate Committee, _______________
Quarterly on the 2nd Monday of the Month, 12:00 p.m. Avista Utility
Contact: Carl Tappert, 541-779-4144
Rogue Valley Sewer Systems, _Kay Harrison, Planning Commission________ 4th Wednesday each month, 7:30 p.m. 2915 S. Pac Hwy
Contact: Carl Tappert, 541-779-4144
RVTD Board Meetings, _____________
last Wednesday of the month 5:30 p.m. at Medford Court House
RVCOG Executive Committee, _____________________________
4th Weds each month, 11:00 a.m. at Avista Utilities Rm B
Contact: 664-6676 ext 202
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Business
New Committee/Commission
Appointments
CAP011217 Page 18
PlanninÉ Commission
Current Members:
Mike Oliver
Kay Harrison
Thomas VanVoorhees
Elizabeth Powell
Craig Nelson Sr.
Applications:
Sue Mainolfi (Applied last year)
Would also take appointment to Multicultural CommitteeO
Cameron Noble (Applied last year)
o Also would take appointment to Budget, or CAC
John Whiting (Applied in the past)
Amy Moore
CAP011217 Page 19
cENTRAL
POINT
ADMI N ISTRATION DEPARTM ENT
140 South 3'd Street . Central Point, OR 97502' (541) 664-3321 ' www.centralpointoregon.gov
STAFF REPORT
January 12,2017
AGENDA ITEM: Appointment to Planning Commission
STAF'F'SOURCE:
Deanna Casey, City Recorder
BACKGROUND/SYNOPSIS:
The Planning Commission currently has five members:
Mike Oliver Tom Van Voorhees Elizabeth Powell
Craig Nelson Sr. Kay Harrison
Mike Oliver is moving to Position 1 as Chair of the Planning Commission and Rob Hernandez has
been elected to the City Council. This leaves Positions 4 and 5 vacant with expiration dates of
1213U20t7.
The City has advertised for two months asking for volunteers for various committees. V/e have
received four applications for the Planning Commission.
Cameron Noble - Mr. Noble is a General Manager for American Tractor in Central Point. He has
applied for Planning Commission vacancies in the past.
Sue Mainolfi - Mrs. Mainolfi is retired from various Administrative Roles in businesses. She has
applied for the Planning Commission vacancies in the past.
John Whiting - Mr. Whiting is the treasurer for the Hidden Grove/Green Valley HOA.
Amy Moore - Mrs. Moore is a realtor and married to a local developer. She is interested in being
appointed to the Planning Commission.
ATTACHMENTS:
Four Committee Applications
RECOMMENDATION:
Mayor Williams will make his recommendations at the Council meeting.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for committee appointments.
CAP011217 Page 20
City of Central Point, Oregon c140 S 3rd Street" Central Point, OR 97502
54 1 .664.3321 Fax 54 I .664.6184
www.centralpoi ntoregon,gov
POINTOregon
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Date: 1210112016
Administrat¡on nt
Chris Cla¡on, City Manager
Deanna Casey, City Recorder
Name: Sue A. Mainolfi
Address: Summer Glen Way
Home Phone: Business Phone: NA Cell Phone:
Fax: NA E-mail:
Are you a registered voter with the State of Oregon? Yes x ¡s
Are you a city resident? Yes x No
Which committee(s) would you like to be appointed to: 1st Choice - Planning Commission, 2nd Ghoice - Multicultural
(Please make sure the dates below workwith your schedule before applying. Council and Planning
Commission members are required to file an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each
committee):E Budget Committee: Meetings vary in April Annually
E Citizens Advisory Committee: 2nd Tuesday of every quarter
Council Study Sessions: 3'd Monday of each month
Multicultural Committee:2nd Monday of every quarter
Planning Commission: 1't Tuesday of each month
Parks and Recreation CommitteeÆoundation: Meeting dates vary
Employment, profe s sion al, and vo lunteer background :
Employment - Currently retired. Past employment includes: Director of Quality, Westin Kalapaki Beach Resort, Lihue, Kauai, Hl; Director
of Training - Tokyo Electron America, Austin, TXFuchu, Japan; Director of Organization Development, Oneida lndian Nation, Oneida, NY;
lmplementation Manager/Sales Development, Citigroup, Dallas, TX; Volunteer Unit Manager for United Way - Citigroup; Hawaii Hotel
Association Charity Walk Coordinator; Volunteer Consultant for Waiaha Foundation, Hawaiian Cultural Organization.
Community affi liations and activities:
Director - Home Owners Association, The Meadowlands of Maui, Kihei, Maui, Hl; Member of the Hawaii Hotel Association; Member -
American Society for Quality; Member - Society for Human Resources Management; Leader/Facilitator - Kauai Ecotourism Council; Member -
American Society for Training and Develoment.
Previous City appointments, offices, or activities:
County of Kauai, Hl Civil Service Commission - Appointed by Gov. John Waihee; Consultant to the Mayor of Kauai County - Mayor Joann
Yukimura; Appointed as a facilitator for the White House Conference on Aging 1990.
2
CAP011217 Page 21
Central Point Committee Appl ication
Page2
As additional background for thc Mayor and City Council, plcase answer the following questions.
l. Please explain why you are intcrcsted in the appointment and what you would ofler to the
community.
I moved to tte City of Central Po¡nt at he cnd ot 2014. Our clecision to buy a home in Centrel Point wa6 mads based on the
community soundnegs, lesources, friendliness and perceived future. I believe my years of exparience in business would be an
esset to the Planning Cornmission, a¡ r*rgll as the Multicurtural Commitlcc. I havc experience and succcgs in leadership rolcs,
hgve led tcame of up to 26 pcople locstcd in multiplc placea, have managed muhi-million dollar budgetr and em ¡n accomplished
organization dewlopmcnl profecsional and spoaker. I am eager to share my ¡kills and life cxpcricnce ae part of this community, as
opposed to just "living" heæ. I bcliÊve my skills and expericnca would ùanshte ea¡ily to üre commiseion pnoccss¡ and I can
devotç timc to this opportun¡$ sincê I am rctircd frmr full timê êmployment.
2. Pleasc describc what you believe are the major concems of the City residents and businesses
that this committee should be concerned about.
\Mrere people live, work, play and the quali$ of thaee cxperiences depends largely upon something people may not always hink
about - land use planning. I believe it is a civic responsibility for gowrnment to help rcgidcnß, businesses end propery owriers
articulalc and achicva a viøion for how thcy want lheir enmmunity lo look and function, Land ucc planning ie a prelude to the rise of
new buildings, homê6, th. continuation of farming and ürc task of proÞcting propcrty valuos. I also balicvc city ofltcialc must
cstablish dcar ehort and long range goals snd pioriti€s to guide development, reviteliz¡lion, and preservation, and instilute regulalions to
govem decision making for the future good of our community.
3. Please prov¡de any addit¡onal infbrmation or comments which you bel¡eve will assist the City
Council in considering your application.
I wae a task force ¡nenber on lhe County of Kauai Msion 20fi) group wlro detreloped e vis¡on for future development for the island of
Kauai, Hl. This träsk fore brought govêrnement, business, and mullicullural groups together in a process that re3ulted in a shared
vision lhat bccame thc undcrpinning for thc future of Kauai devclopme nt, I slso wee lhe fecilitator of thc Kauai Ecolourism Councjl
who designcd end lmplernented mulliple projactr for the dcvclopment of ecotourism on the igland of Kauei, This council was compoeed
of bueíneeec¡, govemment offcials and spedal interest groups. lta vieion wag tq creat€ aclivities and ewntg to perpertuate the
Hâwaiien culture, the âppropriate use of reBources on the island and impac{ the economy in a positive way.
4. Do you anticipate that any confl¡cts of interest will arise if you are appointcd; and if so, how
would you handle thern?
I do not anticipate any conf,icts ol intereet cince I haw no business affiliations at this time.
My signature aflirms that thc inlormation in this applicatiort is true to the best of rny knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council.
advisory comm¡ttce, board or oommis$ion I rnay bc appo¡nted to. All information/documcntation
related to service for this posit¡on is subject to public record disclosure.
Signature:Sue inolfi Date: 1UO142O16
CAP011217 Page 22
ç!g=af c"¡çrd PeEg. qlçger
140 5 3rd Streeç Cenual Polnc. OR 97502
54 l.ó64.3321 Fax 541.664,6384
www-ccnrnlÞoitltra|on.lo'V
Name:Cr+r,*^l rloerg
Address: ila-¿el
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
_ Admin!!!E!þn qelg¡gme.'n_ç
Chris Clayton, Clty Manager
Deenna Carey. Clty Recorder
alzlv
(a¿ru++ FanTâE ?zqãz
Home Phone: Business Phone: Cell Phone:
Fax E-mail: t
Are you a registered voter with the State of Oregon? yr. T No
Are you a city resident? Y", X No
Which committee(s) would you like to be appointed ,/t-tot ct¿ I n,7fÊ€
(Please ¡nake sure the dates below work with yom. schedule beþrc applyíng.Council and Flanning
Conmissíon metnbers are rcquíred toJile an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (AIl meeting dates are subJect to chrnge or additions, times vary for each
commiffee):Ef Budget Committee: Mectings vary in April dnnually
,æ Cidzens Advisory Committee: 2nd Tuesday of every quarter[_l Council Study Sessions: 3d Monday of each monthE Multicultura! Committee: 2od Monday of every quarterÑ- Planning Commission: l't Tucsday of each rnonth
Parks and Recreation CommitteelFoundation: Meeting dates vary
Employnent, professional, and volunteer background:
úerar<- lutllL, Arr¿rcrtn¡ rÌ?nlc¡tæ-, &xwc- ?aail oÊ-
ßo(rç Ar./t<- r{tqtl 3c.rl6L B.r{ B¡ak¡arËÊr-r* JV (¡lneil
G^rrEA- fà¡r{T hrng {r:aq:e T:€E-BAu- Ê+ør (src¿A
Community affi liations ar¡d activities :
G^nv'"r,-' øir -/-t rra€ levuie ^ øF4{)æ'*.à
Previous City appointments, ofüces, or activities:
l^* rl,*s,t-/ tun¿$l
€try 6F Spnda+ t tlf - VoLurrteq¡e- @ "ot-ræ
Сpr
CAP011217 Page 23
Central Point Committee Application
Page2-l
As additional background for the Mayor and City Council, please answer the following questions.
l. Please explain why you are interested in the appointment and what you would offer to the
communíty.
t}:lâ LttS TÒ &scottlL ,rzpÆ tqtlacû¡¡,o ,¿ 771ê ¿dt+<-funvt''l N aürcl
T t¿rte è Lt:¿€¿-. llE rþub TÒ cP htsr ac.F&z- nJo E ¿ø¿' Æe'Åftee
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lé nt*¿: * D/E-6-þ,1<ê.
2. Please describe what you believe are the major concerns of the City residents and businesses
that this committee should be concerned about.
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bÅC*Qnæ fto,*- fus ttlc .fureq 6F EÉt,adc6) 'hla ats*ulç A s+æ
F¿*I ?¡6g rò ùE Mp uþ¿8. /+¿4 €37714¿â*,Jç * Qzaotd Var€
lal DlltcH ht+ Con^¿thn ôt¿rv'ttærøvJrs 4Ä Læp f,itae:tfl...,2€Fælø t fr¿¿ t S¿tlÐL;, P,yZ;, jov.r gonJa¿s r{ Çltæ,t+<-, êrt' .- .
3' Please provide any additional information or comments which you believe will assist the Ciry
Council in considering your application
k,nJq *r,¡ &CTNI &:*Aç+stu,+,J ¿&tZøt*f òF (6v¡¡7¿,a ÞølTZ /ã¡¿1
-T lkl€ Z Afm-'rf pe?ffiiNe úw,¿S Of Æ,, âts¿ Cax.tottfl r.-bzLg
ftaa P¿ft\r.
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, howwould you handle them?
,iloil6
My signature affrrms that the information in this application is
understand that misrepresentation and/or omission of facts are
advisory committee, board or commission I may be appointed
is subject to public record disclosure.
true to the best of my knowledge. I
cause for removal from any council,
to. All informatior¡/documentation
Signature:
related to for this
Date: l^P (ê
CAP011217 Page 24
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
54 I .664.3321 Fax 54 I .664.638,1
y4ryw¡c¡.crilp g r nlate.gst49y
CENTRAL
POINT
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Administration Department
Chris Cla¡on, City Manager
Deanna Casey, City Recorder
Name:It )t;.
Address: I
"'4
Õ
,4[' lo t Q/¿¡ t¿- ¿,- ,aí h
Date: /2- L''(n't Ð l6lr'L'
Home Phone:
E-mail:
('t,-n:.ti f-rr', (h¡;;f
Cell Phonei
Fan:
Are you a registered voter with the State of Oregon? Yes y' No
Are you a city resident? Yes i/- No
Which committee(s) would you like to be appointed to:
(Please malre sure the dates below work with your beþre Council and Planning
Commissíon members are required to frle an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each
committee):E Budget Committee: Meetings vary in April Annually
E Citizens Advisory Committee: 2nd Tuesday of every quarter
Council Study Sessions: 3'd Monday of each month
E - Multicultural Commiltee:2"d Monday of every quarter
Ñ Planning Commission: l'l Tuesday of each month
fl Parks and Recreation CommitteeÆoundation: Meeting dates vary
Em ployment, profess ional, and vo luntee r background
,Li ' rX î'n '/,, u.frr,,')
.4t , (9., slr cí.1,
ïv'Lþl, ra,'e Jb.',b,f t iÉþ,? /t¿,.:,
v."(4|e-e'r- *f t/¿x'οr-/
>.: LL4 ,tat
íu q ¿(' t1 e.i ånl LDs ílar,l¿t
Previous City appointments, ofÏices, or activities:
XXXXXXXX
XXXXXXXXXX
CAP011217 Page 25
Central Point Committee Application
Page2
As additional background for the Mayor and City Council, please answer the following questions.
l. Please explain why you are interested in the appointment and what you would offer to the
community. ,
7 ¡y'r'o'l
*?
,&¿
t?, rn'i t , i' 'oi'¿'h' /¿, ,' "r* or,:aor , ;t'7 , "zr, 'i) l' ,(r' r' ,, k ¿t
'u"Y l-;o'''' ,r4, //f
,,' I nroi n..t frrurf,^,,
,¿ø!,) ,ôo /o.,r'*.1,' ,,/ t lZo n,','/ '¿,i,^'.¡.,!¿( hrn',-.l'/-,ì. u
that this committee should bç concerned about.
L :J,r",l¿; i, (",'!,4* Lè ø¿'o-n)lv
, / (' /
'l¿-fc i.
would you handle them?
',,/ k -^ l</e- ( /t','¿,)'4 '1c "'- l'"
ét¿h h.rr',/ l4P¿*' ,,<i" h v 'ø( í t
3. Please provide any additional information or comments which you believe will assist the City
council in considering your application'
- /. . . ,. rrrr.r- LiÉ* /Ro,^ r'orr/ ¡. ¿: /"(" l'! ,,v4.u1.oc'/ti s , h'
'znA it^lfi*; t ¿Ltt,,t' /r( t')'r.s ¡'\ l¡'u-t( 4
v)cti $y eç Çr: e,,,,nl/l ,.í.-,r' " ,r, otc¿r o k, o ['/o*r, /r.
,'t , ,/ ¡L /*za¿ ø¿ílt t¿¿ ,/ Á--t zy:r-.. ,¿F; c: . -..
2. Please describe what you believe are the major concerns of the City residents and businesses
i ,-,h ç ¿,1&r¡r' ,1'"o2/'t¿ ,t/t ¿Lí4,//
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how
,' a / ;^ .'/a ,ril¿(irf- 'ft,r- ,/.i,ttut L1t Ft
ir¿, -...t ri r"/L,l i: ",,,('t t'-t
My signature affrrms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council,
advisory committee, board or commission I may be appointed to. All information/documentation
to public record disclosure.
/
Date: I fiirn/ >: t ,tSignature:
'ì to service is position is subject
CAP011217 Page 26
FJty _"f Cgntra! p-9int__e¡ego__n
140 S 3rd Streeq Central poinr, On S7j0Z Administrati onD ent
Chris Clapon, City Manager
Deanna Casey, City Recorder
tL
54 1 .664.3321 Fax 54 I .664.6384
www. centralpo¡ntoreton.gov
Name:
APPLICATION FOR APPOINTMENT TOCITY OF'CENTRAL POINT COMMITTEE
POINT
¡(
Address:(=V a^+Poì.rr*v^2, t f'-
Home Phone:
Fax:
Business phone: S Cell Phone:
E-mail:
Are you a registered voter with the State of Oregon? yes ,/ No
Are you a city resident? yes No t/
Employment, professional, and volunteer background :
Community affi liations and activities
Previous City appointments, offices, or activities:
CAP011217 Page 27
Central Point Commitree Application
Page2
As additional background for the Mayor and cþ council, please answer the following questions.
l' Please explain why you are interested in the appointment and what you would offer to thecommunity.
2' Please describe what you believe are the major concerns of the city residents and businessesthat this committee should be concerned about.
3' Please provide any additional information or comments which you believe will assist the CityCouncil in considering your application Jvs vvr¡!
"
4' Do you anticþate that any conflicts of interest will arise if you are appointed; and if so, howwould youhandle them?
ItSignature tDate: ,
application
misrepresentation
My thataffirms thesignature information ln this ls totrue the best mof Ivknowledgeunderstandthatand/or ofomrsston arefacts cause for fromremoval council,anyadvisoryorbomdcommittee,Icontmlsslon be to.AImayappointed information/do cumentati ontorelatedforservlcethisIStopositionsubjectrecordpublicdisclosure.
CAP011217 Page 28
My Employment, professional, and volunteerbackground:
I graduated from St' Mary's High School in 1981. I graduated from Southem Oregon Statecollege in 1986 with a Bachelor of science in Business Administration.
I worked for Albertsons Grocery Stores in a variety of positions from 1gg0-19g6.
lworked for lrr Financiar services as a loan ofücer from 1gg6-19g7.
lworked for sheckels stereo stores as an office manager from 1gg7-1ggg.
I owned and operated secrets Tanning saron from l ggg-1996.
lworked for \bnWeys Marketas a scan coordinator and assistant manager from lggg-1gg0.lworked for Taco Bell Restaurants as a restaurant manager from 1g90_1gg2.llicensed as a realtor in January l9g3 with coldwellBanker pro west.
I was a lícensed insurance agent with Allstate from lggg-2000.
I left coldwell Banker in Mayof 20er to start rwin creeks Real Estate.
I became a principal of W.L. Moore Construction in 2004.
I have volunteered on various boards including Community Works, Southern Oregon MultipleListing Service, Providence Community Foundation, and Shepherd of the Valley BuildingCommittee.
My Community Afüliations and activities include: participation and volunteering at Shepherd of theValley Catholíc Church, participation and current board director for the Southern oregon MultipleListing service, and with my husband Bret, raising our three children.
I have not had a previous City appoíntment or office.
Additional Background :
1. I am Ínterested in an appointment to the planning commission because I like to be
informed and involved in how our community is growing, and making sure that our
needed growth is in a positive direction. I offer a background in real estate, construction
and development.
2- I believe that the major concerns of the city's residents and businesses are that weattract and keep businesses, that we approve infillprojects that complement the existingneighborhoods, and that we keep our small town feel.3' I have been a resident of Central Point since October 2OO2-l have been a licensed reattorsince January 1993. I have a love of our community and want to be involved in keeping ita great place to live.
4" ldo not anticipate many conflicts of interest. lf any conflicts should arise, lwould disclosethe conflict and if appropriate, recuse myserf from the discussion and vote.
CAP011217 Page 29
New:
Citizens Advisory Committee
Cinda Harmes, Freeman Road
Current Members:
Larry Martin - Current Application
David Painter - Current Application
Sam lnkley - Current Application
Linda Reel
Eric Snyder
Wade Six
Patrick Smith
CAP011217 Page 30
Et\
CENTRAL
POINT
ADM I N ISTRATI ON DEPARTM ENT
140 South 3'd Street . Central Point, OR g75O2. (54L) 664-332L .www.centralpointoregon.gov
STAFF REPORT
January 12,2017
AGENDA ITEM: Appointment to Citizens Advisory Committee
STAFF SOURCE:
Chris Clayton, City Manager
Deanna Casey, City Recorder
BACKGROUND/SYNOPSIS:
The Citizens Advisory Committee currently has seven members:
Lany Martin
Linda Reel
David Painter Sam Inkley
Eric Snyder V/ade Six
Patrick Smith
Community Development Director Tom Humphrey asked the members to provide the city with an
updated committee application for 2017 . We have received applications from Lany Martin, David
Painter, and Sam Inkley.
The City has advertised for two months asking for volunteers for various committees. We have
received two applications for the Citizens Advisory Committee.
Cinda Harmes - Ms. Harmes works for Three Rivers School District as a Science Teacher, she says
she is reliable and would be able to attend meetings without conflict of interest.
Cameron Noble - Mr. Noble is a General Manager for American Tractor in Central Point. He has
applied for the Planning Commission vacancy. His second choice would be the Citizens Advisory
Committee.
ATTACHMENTS:
Four Committee Applications
RECOMMENDATION:
Mayor V/illiams will make his recommendations at the Council meeting.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for committee appointments.
CAP011217 Page 31
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 54 1.664.6384
www.centralpointoregon.gov
CENTRAL
POINT
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Ad mi nistration Department
Chris Cla¡on, City Manager
Deanna Casey, City Recorder
1tfu¿ /il,Name:l^/u il*^t Date:
Address:F,,
Home Phone: Business Phone:
L
E-mail
Cell Phone:
Fax:+
Are you a registered voter with the State of Oregon? Yes XNo
Are you a cityresident? Yes - / No
Which committee(s) would you like to be appointed to:
(Please make sure the dates below workwith your schedule beþre applying. Council and Planning
Commission members are required tofile an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each
committee):E Budget Committee: Meetings vary in April Annually
F Citizens Advisory Commiffee: 2nd Tuesday of every quarter
E Council Study Sessions: 3'd Monday of each month
E Multicultural Committee: 2nd Monday of every quarter
tl Planning Commission: l't Tuesday of each month
E Parks and Recreation Committee/Foundation: Meeting dates vary
Community affiliations and activities:
/no, al/f^ h|ne-
Previous City appointments, offices, or activities:
,/to, .
Employment, profess i o nal, and volunteer background :
!1ll'**3'h:!:,å!*1, so ho¿ t .Dt sfr''* - su¿r*¿ a¿kr'
âoot - âoot úÀa,,i! îút'ò:0"-i,,'ftu. - etu/a/r¿ni rt/nooo'1 Ú*/'r
XXXXX
XXXXX
CAP011217 Page 32
Central Point Committee Application
Page2
As additional background for the Mayor and City Council, please answer the following questions.
l. Please explain why you are interested in the appointment and what you would offer to the
om¿ )n,,olv*) in fu ûon n,Øni{1 ,T¿¿n
Á /n-n âz'/ s/u-r¿ id¿do '
2. Please describe what you believe are the major concerns of the City residents and businesses
that this commiffee should be concerned
Council in considering your application.
3. Please provide any additional information or comments which you believe will assist the City
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how
would you handle them?'llrr, ól¿¿'lol^'+ Át 0'J '
My signature affrms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council,
advisory committee, board or commission I may be appointed to. All information/documentation
Signature:
to service for this position is subject to public record disclosure.
Date:päo/,t
CAP011217 Page 33
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
54|..6U.3321 Fax 54 1.664.6384
www.centralp ointoregon.gov
Fax:
Name
Address
HomePhone: BusinessPhone
APPLICATION ['OR APPOINTMENT TO
CITY OT'CENTRÄL POINT COMMITTEE
Date: I
E-mail:
Administrat¡on
Chris Cla¡on, City Manager
Deanna Casey, City Recorder
Cell Phone
n
ßcf&rftl
Are you a registered voter with the State of Oregon? Yes XNo
Are you a city resident? Yes No /
Which committee(s) would you like to be appointed to:
(Please mdke süre the dates below work with your schedule beþre applying. Council and Plartning
Commission members are required to Jile an Annual Statement of Economic Interest to the State of Oregon.){
Meeting l)ates (All nreeting dates arc subject to change or additions, tinrcs vary for each
committee):
Budget Comrnittee: Meetings vary in April Annually
F Citizens Advisory Committee: 2"d Tuesday of every quarter
Council Study Sessions: 3d Monday of each month
Multicultural Committee:2"d Monday of every quarter
Planning Commission: l't Tuesday of each month
Parks and Recreation Committee/Foundation: Meeting dates vary
Employment, professional, and volunteer backgro und
43 V r?^." ,-t^ "{4^{ p}w¡{ Crrßflt,y,,/lfn¿ "f) Jt^,* A"¡d t'PÕrf5
A.e-srkr^.l Porrvt t +tt. hcrþ , q4,'tr{
Community affiliations and activities :
thoo\ Ðrç4 t, J.. €""n.--i Þ.'r{: ,rgnJnayuu
QV,EFW
Previous City appointments, offrces, or activities:
d^ltr¿ss hÀvtwv1 Cøn nt lþ<-
CAP011217 Page 34
Central Point Committee Application
Page2
As additional background for the Mayor and City Council, please answer the following questions.
l. Please explain why you are interested in the appointment and what you would offer to the
cÕmmunity.
2. Please describe what you believe are the major concerns of the City residents and businesses
that this committee should be concerned about.
3. Please provide any additional information or comments which you believe will assist the City
Council in considering your application.
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how
would you handle them?
My signature afftrms that the information in this application is true to the best of my knowledge. I
underst¿nd that misrepresentation and./or omission of facts are cause for renrcval from any council,
advisory committee, board or commission I may be appointed to. All information/documentation
related to service for this position is subject to public record disclosure.
Signature Date
CAP011217 Page 35
1. I have lived in Central Point for 30 years with my family on a farm. I have been involved with
youth programs through the school district and baseball through Little League. My family has
been actively ínvolved with agriculture through 4-H, FFA and family connections. Having worked
for the local phone company and been out in the field for 43 years, I have seen Central Point
change with regards to increased traffic, housing, new busínesses and the challenges that ârise
with those changes. I believe I can offer a thoughtful overview with regard to the city's needs
and urban growth. lt's important that Central Point keeps the family community involvement
and strive for success.
2. The growth of the community, residential and businesses, traffic flow, effects of marijuana
dispensary's within the city límits.
3. I have been on the CAC committee since the early 2000's. l'm familiar with the community and
the directíon it is moving wíth growth, along wíth the balance required to keep our community
expanding. lt's important to keep the close knit feelings the community has always had over the
years.
4. Everyone has a vision of how they would like to see Central Point and the surrounding area,
continue to become a thriving community for families and businesses. Since the committee
members all have ties ín very personal and different ways to our community, there is bound to
be different points of view that the members should be respectful of. With that said, my family
does own property in the CP2 area. I feel I can keep an open mind and be fair with all
informatíon presented. However, should there be a concern, I feel I can recuse myself if the
need arises.
CAP011217 Page 36
of Central Poi o
140 S 3rd Street, Centml Point,
54 1,6æ.3321 Fax 54 1 .664.6384
www.centralpoinroregon.gov
97502 INT
APPLICATION Í'OR APPOINTMENT TO
CITY Of,'CENTRAL POINT COMMITTEE
istra
Chris Clayton, City Manager
Deanna Casey, City Recorder
c
Name Ð a,rr u\("viçr Date rul s//ô
a
Address: kq b vr\ Lrr s
Home Phone: Business Phone:cellphone: 8
Fax E-mair: c\JM
Are you a registered voter with the State of Oregon? Yes /No
Are you â city rssident? Yes No
Whioh committee(s) would you like to be appointed to:ér C a c\c ch.'tr,
(Please make nre the dates below workwíthyour schedule applying. Council and Planning
Commission members are requircd to/ìle an Annual Statement of Economíc Interest to the State of Oregon.)
a
Meeting Date.s (Äll meeting dates are subject to change or additions, times valy for each
committee):[f Budget Committee: Meetings vary in April Annually
Ø Citizens Advisory Cornmittee: 2nd Tuesday of every quarter
E Council Study Sessions: 3d Monday of each month
fl Multicultural Comnrittee:2nd Monday of every quarter
t: Planning Commission; 1't Tuesday of each month
E Parks and Recreation Committee/Foundation: Meeting dates vary
I
tt'li
ro. ,4 q e w/14 ( ?ö+ )evt q'r ch q î '
c 1+/0^ C ûl,,n,Jjeq
s)v C fr
CAP011217 Page 37
Central Point Cornmittce Application
Page2
4-, , po you antÍcìpate that an/ conflicts of interest will arise Íf you are appointed; and if so, how
would you handle them?
";;;Ï;î;;'ryø)e
q,¿,r cwft cls rhe .,4¡ Å,,1 ¡r,v,J< 7/1 "J\tc9({Jì//je, Jf ,", <anf¡cf úrej¿ ,tr1 the fi¡}uf1, 0 wcv(r/ TlrJf ,+\R_
LöW 5e ,gvt ul\ /r¿ 9/,
As additional backgound for the Mayor and City CouncÍI, please answer the following questîons,
3. Pleasc provide any additional inform¿tion or commcnts which you believe will assist the City
Signatrxe:
application
informati orr/documentati on
to
My signahrre affirms that the information in this is true to the best of my knowledge. Iunderstand that misrepresentation and/or omission offacts arc cause for rcmoval from any council,
board or commission I may be appointed to. Alladvisory comrnÍttee,
is subject to public record disclosure.
Date: lzl S
CAP011217 Page 38
Cltvol C_it�y_o_f_C_e_n_tr_a_lP_o_i_nt_,_O_r_e_go_n ___ cENTRAL----A_d_m_in_i_st_r_M_io_n_D_e-pa_rt_m_en_t
140 S 3rd Street, Central Point, OR 97502 POINT Chris Clayton, City Manager 541.664.3321 Fax 541.664.6384 Oregon Deanna Casey, City Recorder www.centralpointore�n.�v
APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMMITTEE
Name: -�_Y._(i._1----'----fVlt__c__a_rti_·fll_� ________ Date:/2. ·- � -,;uJ/ I:::,
Address: ___ ,....,'--/ 11-+"'7/4_(,lf'___,_&/_·.__. -f'-1----'G ..... en�fr.__,_n,_._; !__.Po....._o_l_; r_---',0 ........ /\�_9,__1'--�-0_2 ___ _
Home Phone: Business Phone: ________ Cell Phone: .. -
Are you a registered voter with the State of Oregon? Yes V
Are you a city resident? Yes ____ No __ V __ _
No -----
Which committee(s) would you like to be appointed to: C ;-h�s AJv/jPry (c1t,,./rl;·tRc (Please make sure the dates below work with your schedule before applying. Council and Planning Commission members are required to file an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee):
� D D D D
Budget Committee: Meetings vary in April Annually Citizens Advisory Committee: 2nd Tuesday of every quarter Council Study Sessions: 3rd Monday of each month Multicultural Committee: 2nd Monday of every quarter Planning Commission: 1 st Tuesday of each month Parks and Recreation Committee/Foundation: Meeting dates vary
Employment, professional, and volunteer background: 5�/f-eYrlf_Jo� ffe.Jl'l!lr tlmd o(le wh,r O f Ma t,� h:,rJA,·!1 /<tt,,nch LtlM5ttA ·,;x Pr'2fq er ( L TP) wcdc,� p,,,.,.+-+,� liT 13 +-I?. li1 Jerv1'u c�tn., Po1�rI
Community affiliations and activities: � tr.2 I P ti,� f- /co·'fr:(r1 Cl v h � be-r
0� &-or P�-J P,r��, Previous City appointments, offices, or activities:
(vf' ... tw\+ ;n.e.,mbv ()J: C1:+tt-'lAS /tJv15�r1
R,r-R, .;e.,,,, Va//e1 trrih� f),.l,f>-,d 8oarJ. ff/61rber
�1,,er 'J/-0;1,,,,,,vt1;·', Acc�h.�,/,J, iM'.� (clM)
(p,.,,,_; Hu. (t!tC)
XXXXXXXXXXXX
CAP011217 Page 39
Central Point Committee Application
Page 2
As additional background for the Mayor and City Council, please ans\¡/er the following questions
1. Please explain why you are interested in the appointment and what you would offer to the
community
I vorü¡ lit"" "(. önaf,àr' Þ c*¡/-',boþJ"'tfe- worþ yer&,"'u"1 b7
tl- CAt anÀ fl,¿ o6¡orÞ,,iÌ1. ç. ctflZe^s ( fla- ("t>t'.,nrY,7 J"''
groirde i,ty,f rÇ ov r ,i"t./ lt^¿"* .
2. Please describe what you believe are the major concerns of the City residents and businesses
that this committee should be concemed about.
3. Please provide any additional information or comments which you believe will assist the City
Council in considering your application.
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how
would you handle them?
7ryù,'ry gn tú'L rol¿ '11- c'+C w',ll /"k, À fLL AGß
,uì¿t^i,at wÅs , I ¡^â"t l-r" a ¡""1e"..4-,a¡ ¿Á¡,ir ç l;t'e',st
f,.-Ç Sø , -[ þitt ,l¿ciare gd¡à ¿*,frril' ùç i,,,te.q'f e"4 ALsla¡¡ 4."-
ûny cl,ìerçston, d¿'t;be,.t;'^,a'4 u'aiz" Ðrç*a,y o- lk c)rcvnsfaaæ.st,
f' nu,l also e"v5,¿u. it ;t ii c"Vgr¡r)k þ re-stþt rx7 fes,'hoi' -
My signature affirms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council,
advisory committee, board or commission I may be appointed to. All information/documentation
to service for this position is subject to public record disclosure.
iSignature:Date: ï>-8- 7ut6
CAP011217 Page 40
Business
Audit Presentation
CAP011217 Page 41
To: Honorable Mayor and City Council
From: Steve Weber, Finance Director
Date: January 12, 2017
Subject: Audit Presentation
Background:
The audited Comprehensive Annual Financial Report for the year ended June 30, 2016 will be complete and a copy of
the report given to you this evening.
City auditor, Paul Neilson, CPA, from Isler CPA, LLC will be here to present the audit. Feel free to use this opportunity
to ask questions of Paul regarding the City’s audited financial statements or financial operations in general.
Recommended Action:
That Council accepts, by motion, the June 30, 2016 audited financial report.
Staff Report
Finance Department
Steve Weber, Finance Director
CAP011217 Page 42
i
January 12, 2017
Honorable Mayor,
Members of the City Council,
And Citizens of the City of Central Point
Oregon statues require that all general purpose local governments publish a complete set of
financial statements presented in conformity with generally accepted accounting principles (GAAP), and audited in accordance with generally accepted auditing standards by a firm of licensed
certified public accountants under the direction of a licensed municipal auditor. Pursuant to that
requirement, we hereby submit the comprehensive annual financial report of the City of Central
Point, Oregon for the fiscal year ended June 30, 2016.
This report consists of management’s representations concerning the finances of the City of
Central Point. Consequently, management assumes full responsibility for the completeness and reliability of all the information presented here. To provide a reasonable basis for making these
representations, management of the City of Central Point has established and maintains an internal
control framework that is designed to protect the government’s assets from loss, theft, or misuse;
and to compile sufficient reliable information for the preparation of financial statements. Because
the cost of internal controls should not outweigh their benefits, the City of Central Point’s
framework of internal controls has been designed to provide reasonable, but not absolute,
assurance that the financial statements will be free from material misstatement. As management,
we assert that to the best of our knowledge and belief, this financial report is complete and reliable
in all material aspects.
The enclosed financial statements have been audited by Isler CPA, LLC; a firm of licensed certified
public accountants. The engagement partner is Paul Neilson, CPA and Licensed Municipal Auditor.
The goal of the independent audit is to determine that the financial statements of the City of
Central Point for the fiscal year ending June 30, 2016, are free from material misstatement. The audit involved examining, on a test basis, evidence supporting the amount and disclosures in the
financial statements; assessing accounting principles used and significant estimates made by
management; and evaluating the overall financial statement presentation. The auditor concluded
based on the audit performed, that there was a reasonable basis for rendering an unqualified opinion that the City of Central Point’s financial statements are fairly presented in conformance
with generally accepted accounting principles. The independent auditor’s report is presented as
the first component of the financial section of this report.
For financial reporting purposes, the City of Central Point is a primary government. The City is
governed by a City Council that is elected by the voters at each general election. The financial
statement includes all organizations and activities for which the elected officials exercise financial
control, except for the Parks and Recreation Foundation and the Urban Renewal Agency. These
City of Central Point, Oregon
140 S Third Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Finance Department
Steve Weber, Finance Director
CAP011217 Page 43
ii
component units have not been included in the CAFR because they are not material to the overall
financial statements of the City, nor are they significant activities of the City. The City interacts
and contracts with various other governmental entities but is not financially accountable to or for those entities.
GAAP require that management provide a narrative introduction, overview, and analysis to
accompany the basic financial statements in the form of Management’s Discussion and Analysis
(MD&A). This letter of transmittal is designed to complement MD&A and should be read in
conjunction with it. The Management Discussion and Analysis can be found immediately following
the report of the independent auditors. The City
The City of Central Point was incorporated in 1889. It currently encompasses an area of 3.52
square miles and has a population of over 17,000. The City is located in the northwestern part of
Jackson County; bisected by Interstate 5. Approximately one-third of the city lies to the east of
Interstate 5. Central Point borders Medford, the largest incorporated city in the county on the
eastern and southern boundaries.
In terms of its physical development, the City of Central Point has been a relatively slow
developing community, for many years retaining a rural community atmosphere. Only in recent
past did the building boom of southern Oregon significantly alter the landscape of this small
community with housing and commercial projects spurring population growth and impacting the
need for services that accompany growth. Typically, the City’s infrastructure serves a stable and
slightly increasing population and requires expenditures primarily for maintenance and modernization of facilities rather than rapid growth. The impact of the recent nationwide economic
recession resulted in no significant growth in either population or residential or commercial
projects; however, in recent months the City has had an encouraging increase in both interest in
large commercial projects and actual commercial and residential building permit activity.
City government provides a range of services, including police protection, construction and
maintenance of streets, storm drains, water, building inspection, planning, economic development,
parks and recreation. Fire protection, library, sanitary sewer services, public transportation, and
public education services are provided by separate districts and are not a part of this financial
report.
The City operates under a manager form of government. The council consists of a mayor and six
councilors. Two council members are elected from the city at large, while the other four are
elected from wards that divide the city into four sections. While the mayor serves as the
ceremonial head of the city and as presiding officer of the meetings, he is also a voting part of the
Council and has no veto authority. The mayor has the authority to preserve order, enforce the
rules and determine the order of business at the council meetings. With consent of council, the
mayor appoints members of commissions and committees established by ordinance or resolution. The City council is the legislative branch of Central Point's municipal government and the people's
elected representatives. Council meetings are open public meetings where the council makes local
laws, policies and basic decisions for the municipality. The position of mayor and council members
are elected for four year terms on alternating years in a general election of the State of Oregon.
CAP011217 Page 44
iii
Accounting System and Budgetary Control
Accounting records for General, Special Revenue, Debt Service and Capital Project Funds are maintained on a modified accrual basis. Revenues are recognized when they become measurable
and available, while expenditures are recorded at the time the liabilities are incurred. The
accounting records for Internal Service and the Enterprise Funds are maintained on a full accrual
basis.
In developing, maintaining and upgrading the City’s accounting system, ongoing consideration is
given to the adequacy of internal accounting control. We believe the city’s internal accounting controls adequately safeguard assets.
The budget serves as the foundation for the City of Central Point’s financial planning and control.
All departments of the City submit a budget to the city manager who then oversees the
preparation of a proposed budget. The budget is presented to a budget committee for review and
approval and then submitted to city council for adoption prior to July 1.
Budgetary control is maintained through constant review by the city’s finance director. Detailed
monthly budget reports are prepared for the city manager and each department, with quarterly
statements and presentation given to the Mayor and Council.
Oregon budget law allows for amendments to the budget for reasons unforeseen at the time the
budget is adopted. Certain changes less than 10 percent require a council resolution. Changes in
excess of 10 percent require a supplemental budget similar to the adoption requiring a public hearing. Budget-to-actual comparisons are provided in this report for each expenditure category
in which an appropriated annual budget was adopted, thus illustrating budget compliance.
Factors Affecting Financial Condition – Local Economy The regional economic base is tied to agriculture, tourism, higher education, health care,
transportation and manufacturing. There is an increasing population of retirees moving into the
area, a factor that requires new and expanded health care resources, and additional demands for
retirement, assisted living and nursing home facilities. During the past recession, the City of
Central Point and all cities within the Rogue Valley have experienced an increased number of
lost jobs and one of the higher unemployment rates in the nation. During the same period of
time, housing prices plummeted along with construction in the area, all of which had a negative
effect on the City’s building permit revenues and planning actions. However, during the past
two years there are indications that the local economy is stabilizing with the lowering of the
unemployment rate and an increasing number of home sales at increasingly higher prices. It
remains too early to know the full extent to which the prolonged recession will have on property
tax assessments and collections. Although we initially anticipated reduced property tax
collections as a result of the recession and substantial number of foreclosures in the area, our
actual experience has been that property tax collections increased as the foreclosing banks paid delinquent property taxes upon foreclosure. And although there have been substantial
fluctuations in taxes as properties were reassessed following the recession, it appears that
property values and therefore tax revenues are beginning to stabilize.
CAP011217 Page 45
iv
Financial Policies
It has been a policy of the City’s governing body and management to budget, plan and spend
conservatively, and to make adjustments as early as possible when the need for change is identified. This unwritten policy of conservatism was beneficial and helped to stabilize and
conserve the City and its services during the downward spiral of the local and national
economy. No one could foresee just how dramatic the changes to the economy would affect
local construction, businesses and families. However, the City has been fortunate that with the
slowing of construction, timely decisions were made and actions taken to re-adjust staffing and
prioritize projects to respond to the decline and the slowing of revenues. As a result, the City is
currently maintaining financial and operating stability. The notion of sustainability has become an important consideration as we manage through adversity.
Additionally, the Mayor and Council adopted a formal “Financial Policy” that documents the
procedures and standards that will guide the City as it continues to monitor and preserve its
assets.
Long–term Financial Planning
Although the City successfully navigated the recent recession by utilizing a variety of tools and
techniques common to short-term reduced revenue situations, the City believes that it can be
less reactive and more strategic in its financial planning. Prioritizing this goal, the City
implemented a long term financial plan by council adoption in February 2015. The City will
compare the projected scenarios and financial forecasts contained within the plan to actual
results on an annual basis and, if necessary, make adjustments accordingly.
In recent years the City secured long-term funding sources through System Development
Charges (SDC’s) and street and storm water fees to support infrastructure and capital
improvements. The City updates the capital improvement plan and related system development plans annually. Included in these plans are water, transportation, storm water, parks and
recreation projects.
Awards
The Government Finance Officers Association of the United States and Canada (GFOA) awarded
a Certificate of Achievement for excellence in financial reporting to the City of Central Point for
its comprehensive annual financial report for the fiscal year ended June 30, 2015. In order to
be awarded a Certificate of Achievement, a government must publish a comprehensive annual
financial report in accordance with GFOA standards. This report must satisfy both generally
accepted accounting principles and applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe that our current
comprehensive annual financial report continues to meet the Certificate of Achievement Program’s requirements and we are submitting it to the GFOA to determine its eligibility for
another certificate.
CAP011217 Page 46
v
Acknowledgments
The timely preparation of this report would not have been possible without the efficient and
dedicated service of the finance staff. We would like to express our appreciation for their contributions to its preparation.
We would especially like to thank the Mayor and City Council for their interest and support in
planning and conducting the financial operations of the City in a responsible and progressive
manner.
Respectively submitted,
___________________________
Chris Clayton
City Manager
__________________________
Steve Weber
Finance Director
CAP011217 Page 47
Business
Planning Commission
Report
CAP011217 Page 48
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Community Development
Tom Humphrey, AICP
Community Development Director
PLANNING DEPARTMENT MEMORANDUM
Date: January 12, 2017
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
The following items were presented by staff and discussed by the Planning Commission at its
regular meeting on January 3, 2017.
A. Consideration of Resolution No. 840 Recommending Approval of an Ordinance to amend Chapter 17.05 – Applications and Development Review Procedures to clarify procedures for appeal of Type II and Type III decisions. (File No. 16025) Applicant: City of Central
Point. This item was postponed due to the lack of a quorum. It will be re-noticed for
Planning Commission and City Council hearings in February.
B. Consideration of Minor Changes to Chapter 17, Zoning to Clarify the Administration of
Current Policies and Standards (File No. 16033) – Seeking Authorization from the Planning Commission to Proceed with Minor Amendments. This item was postponed due to
a lack of a quorum.
C. Discussion of a 2016 Buildable Land Inventory (BLI) as a pre-requisite to the
completion of the Housing Element to the Comprehensive Plan. Staff introduced a
‘first cut’ of the BLI which will be coupled with an updated Housing Element in the
near future. The Commission members who were present provided their preliminary feedback and will consider a subsequent review in conjunction with a draft Housing
Element.
Costco Conditional Use Application Update – The Commission was informed of the status of the ongoing Costco Appeal.
CAP011217 Page 49
Business
Sidewalk Program
CAP011217 Page 50
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
DATE: January 4, 2017 TO: Honorable Mayor and City Council
FROM: Matt Samitore, Parks & Public Works Director
SUJECT: Sidewalk Replacement Assistance Program
PURPOSE:
Review options for potential sidewalk replacement assistance program. SUMMARY:
At the October City Council meeting the City Council adopted a formal policy that is consistent
with our city ordinance which states that property owners are ultimately responsible for sidewalks adjacent to their properties. While reviewing this issue, several City Council
members asked for staff to provide policy options for helping homeowners with expenses
associate with necessary sidewalk repairs. The following is a review of similar options
implemented by various Oregon Cities.
Option A: Grant Program
Several Oregon Cities have implemented a “straight-forward” grant assistance program. All of
the programs researched using this method are quite similar. The City budgets an annual
amount and then property owners can apply for either a 50% or 100% grant to have their sidewalks repaired. It’s a first come/first serve program and when the budgeted funds are
exhausted, then the program finishes until the next fiscal cycle.
Option B: City Funds and Loans
Some Cities use a combination of Grant Funds and dedicated City resources to fund their
sidewalk replacement programs. 50% of the replacement expenses are eligible for
reimbursement via a city grant (if approved), and the remaining 50% is funded via a City based
loan. Most jurisdictions set up interest rates and repayment timelines based on the dollar
amount loaned. As an example, a loan amount under $500 dollars has to be paid back in 6 months.
CAP011217 Page 51
Option C: City Funds and potential liens
The last program option is a city operated repair program where we identify a certain amount
of repairs, based on a sidewalk inventory program, per fiscal cycle. Identified repair projects would be separated into geographic areas, dividing the city into thirds. Each year repairs in each geographic area would occur and would be funded solely from appropriated city funds.
Only at council discretion, could a property owners be assessed for the portions of the repair
costs.
RECOMMENDATION: Recommend an option for adoption at a future council meeting.
CAP011217 Page 52
Resolution
2017 Rules of the City
Council
CAP011217 Page 53
STAFF REPORT
January 12, 2017
AGENDA ITEM: Briefing, discussion and adoption of amended city council rules and code
of ethics.
STAFF SOURCE:
Chris Clayton, City Manager
Deanna Casey, City Recorder BACKGROUND/SYNOPSIS:
The 2010 City Charter, chapter III, section 10, states that the City Council must adopt, by
resolution, rules governing city council meetings. The attached draft council rules and code of
ethics are revised to reflect consistency with the 2010 Charter.
References to the City Administrator have been replaced with City Manager.
References to the Mayor only voting to break a tie vote have been updated to reflect the
City Charter. FISCAL IMPACT:
There is no financial impact to the City.
ATTACHMENTS:
1. Draft Council Rules and Code of Ethics
RECOMMENDATION:
1. Council discussion and recommendation for changes.
2. Motion to approve the 2017 Council Rules and Code of Ethics.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for administrative actions.
SUGGESTED MOTION:
I move to approve Resolution No. ____________, A Resolution Adopting the 2017 Rules of the City
Council and Code of Ethics.
ADMINISTRATION DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-3321 · www.centralpointoregon.gov
CAP011217 Page 54
RESOLUTION NO. _______
A RESOLUTION ADOPTING THE 2017 RULES OF THE
CITY COUNCIL AND CODE OF ETHICS
RECITALS:
A. The City Council of the City of Central Pint owes to the residents
and tax payers the highest degree of loyalty, integrity and good
faith; and B. The City Council is responsible for administering the affairs of the
City honestly and economically, exercising their best care, skill and
judgement for the benefit of the taxpayers and residents of the City;
and C. The city Council has the inherent right to make and enforce its own
rules to ensure compliance with those laws generally applicable to
public bodies; and
D. Required by the 2010 city charter; and
E. it is established policy of the City Council of the City of Central
Point, Oregon, hereby adopts the 2017 Rules of the City Council
and the Code of Ethics. The City of Central Point resolves as follows:
That each member of the City Council shall complete a conflict of interest
acknowledgment statement after each General Election giving that member the opportunity to declare any existing or potential conflict of interest.
Passed by the Council and signed by me in authentication of its passage
this 12th day of January, 2017.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
CAP011217 Page 55
City of Central Point
2017
Rules of the City Council
CAP011217 Page 56
Table of Contents
1.Council Meetings ............................................................................ 1
2. The Presiding Officer .................................................................... 1
3. Employees Duties .......................................................................... 2
4. Decorum and Order ...................................................................... 2
5. Duties and Privileges of Members .............................................. 3
6. Order of Business and Agenda .................................................... 4
7. Consideration of Business ............................................................ 6
8.Public Comment ............................................................................. 6
9.Procedure for Council Meetings .................................................. 7
10. City Boards, Commissions, and Committees .......................... 9
11. Miscellaneous ............................................................................. 11
Code of Ethics ................................................................................... 12
Statement of Acknowledgement ................................................... 14
CAP011217 Page 57
RULES OF THE CITY COUNCIL
OF CENTRAL POINT, OREGON
COUNCIL MEETINGS
1. Regular Council Meetings. The Council shall hold two regular meetings on the second and
fourth Thursdays of each month, except in those cases where the Council finds it necessary to
designate another date, due to conflicts. Regular meetings shall be convened in the City Council Chambers in City Hall, shall be called to order at 7:00 p.m., and shall adjourn no later than 10:00 p.m. unless extended by a majority vote of the Council or the meeting may
be continued to a later designated date, but in no event shall meetings extend beyond eleven
p.m.
2. Executive Sessions. Executive sessions may be called by the Mayor or by majority consent of all members of the Council. Only Council Members, the City Manager and persons
specifically invited by the Council or the City Manager shall be allowed to attend executive
sessions. Representatives of recognized news media may attend executive sessions in
accordance with applicable law. No matter discussed during executive session may be disclosed by any person present during such session.
3. Special Meetings. Special Meetings may be called by the Mayor or by unanimous consent of
the Council. Written notice of all special meetings shall be given at least 24 hours in advance
of the scheduled meetings. Notice shall be given to each Council Member, the City Manager, and the business office of each local newspaper, radio and television station which
has a written request on file for notice of special meetings, and may be delivered by mail,
electronic facsimile (FAX), E-mail, or by personal delivery.
4. Public Attendance. All regular and special meetings shall be open to the public.
THE PRESIDING OFFICER
5. The Mayor. The Mayor shall preside at all regular and special meetings and executive sessions of the Council and shall be the recognized head of the City for all ceremonial
purposes. The Mayor shall vote on all questions before the Council only when necessary to
break a tie vote. The Mayor shall have authority to preserve order, enforce the rules of the
Council, and determine the order of business under the rules of the Council.
6. Council President. At the first meeting of each odd-numbered year, the Council shall, by
vote of the Council, elect a President from its membership. In the Mayor’s absence from any
Council meeting, the President shall act as the presiding officer. Whenever the Mayor is
unable, on account of absence, illness, or other cause, to perform the functions of the office,
the President shall act as Mayor Pro Tem.
CAP011217 Page 58
7. Temporary Chairperson. In event of the absence of the Mayor and Council President, the
City Manager shall call the Council to order and call the roll of the members. If a quorum is
present, those Councilors present shall elect, by majority vote, a Temporary Chairman for
that meeting. Should the Mayor or Council President arrive, the Temporary Chairman shall relinquish the chair immediately upon the conclusion of the item of business then under
consideration before the Council.
EMPLOYEE DUTIES
8. City Recorder. The City Recorder shall be the Clerk for the Council and shall keep minutes
of meetings and shall perform such other duties at the meetings as ordered by the Presiding
Officer or the Council. The City Recorder shall furnish each Council Member with a copy of
the minutes of each preceding meeting in the agenda packet for the next meeting.
9. City Attorney. The City Attorney shall attend meetings of the Council. At any Council
meeting any member of the Council may, at any time, call upon the City Attorney for an
informal, oral opinion. Written opinions shall be authorized by a majority of the Council.
10. The Chief of Police. Unless otherwise directed by the Council, the Chief of Police or his designee may attend each Council meeting to serve as the Sergeant-at-Arms, and shall carry
out all orders or instructions upon direction of the Presiding Officer or upon any other
procedure specifically provided by these rules.
11. Officers and Employees. Any member of the City Council may request that the City Manager direct any employee to attend regular, special or executive meetings to confer with
the Council on matters relating to the City.
DECORUM AND ORDER
12. Mayor. The Mayor, or presiding officer, shall preserve decorum and decide all points of
order, subject to appeal by the Council.
13. Council Members. Council Members shall preserve order and decorum during Council meetings, and shall not, by conversation or other action, delay or interrupt the proceedings or
refuse to obey the orders of the Mayor, Presiding Officer, or these rules. Council Members
shall, when addressing staff or members of the public, confine themselves to questions or
issues then under discussion, shall not engage in personal attacks, shall not impugn the
motives of any speaker, and shall at all times, while in session or otherwise, conduct themselves in a manner appropriate to the dignity of their office. Council Members shall
request administrative directives for staff through the City Manager for compliance.
14. Staff and Public. Members of the administrative staff, employees of the City and other
persons attending Council meetings shall observe the same rules of procedure, decorum and good conduct applicable to the members of the Council.
CAP011217 Page 59
Rules of the City Council January, 2017 Page 3
15. Removal of any person. Any person who makes personal, impertinent, slanderous or
unauthorized remarks or who fails to comply with reasonable rules of conduct or who causes a disturbance while addressing the Council or attending a Council meeting shall be removed from the room if the Sergeant-at-Arms is so directed by the Presiding Officer. In case the
Mayor or Presiding Officer should fail to act, any member of the Council may obtain the
floor and move to require enforcement of this rule and upon affirmative vote of the majority
of the Council present, the Sergeant-at-Arms shall be authorized to remove the person or persons, as if the Mayor or Presiding Officer so directed.
16. Censure.
16.1 The Council has the inherent right to make and enforce its own rules and to ensure
compliance with those laws generally applicable to public bodies. Should any Council Member act in any manner constituting a substantial violation of these rules or other general laws, the Council, acting as the whole, may discipline that Council Member to the extent
provided by law, including public reprimand.
16.2 To exercise such inherent right, the Council has the right to investigate the actions of any member of the Council. Such investigation shall be referred to the Committee of the Whole upon a finding that reasonable grounds exist that a substantial violation has occurred.
16.3 The Committee of the Whole shall investigate the actions and present a report to the
Council. Neither the Committee of the Whole nor the Council or any member thereof shall have the right to make public any information obtained through such investigation.
16.4 Any member accused of a substantial violation of the Council rules or any other
general law shall have the right to present a defense to the allegations, including the right to
present rebuttal evidence, and to have representation by Council. Upon finding, by clear and convincing evidence that a substantial violation has occurred and that such violation affects the Council Member’s ability to represent the interest of the City as a whole, the Council
may, upon unanimous vote of Council Members, other than the Council Member subject to
censure proceedings, impose a proper sanction.
DUTIES AND PRIVILEGES OF MEMBERS
17. Code of Ethics. Council Members shall conduct themselves so as to bring credit upon the
City as a whole, and to set an example of good ethical conduct for all citizens of the community. Councilors should constantly bear in mind these responsibilities to the entire
electorate and refrain from actions benefitting any individual or special interest group at the
expense of the City as a whole. Council Members should likewise do everything in their
power to insure impartial application of the law to all citizens and equal treatment of each
citizen before the law, without regard to race, national origin, sex, social status or economic position.
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18. Debate.
18.1 Any Council Member who has the floor shall confine themself to the question under
debate, avoid personalities and refrain from impugning the motives of any member’s argument or vote. No member shall address the chair or demand the floor while a vote is being taken.
18.2 Council Members shall limit their remarks on a subject to five minutes unless granted
additional time by the majority of the Council. No Council Member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon has spoken.
18.3 A Council Member, once recognized, shall not be interrupted while speaking , unless
called to order by the Mayor or Presiding Officer, or unless a point of order is raised by any Council Member while he or she is speaking, in which case he or she shall cease speaking immediately until the point is determined. If ruled to be in order he or she shall be permitted
to proceed; if ruled to be out of order he or she shall remain silent or shall alter his or her
remarks to comply with the ruling.
19. Right to Appeal. Any member may appeal a ruling of the Mayor or Presiding Officer to the
Council. If the appeal is seconded, the member making the appeal may briefly state the
reason for the appeal and the Mayor or Presiding Officer may briefly explain his ruling; but
there shall be no debate on the appeal and no other question other than, “Shall the decision of
the chair stand as the decision of the Council?” If the majority of the members vote Aye, the ruling of the chair is sustained; otherwise it is overruled.
20. Dissent and Protest. Any Council Member shall have the right to express dissent from or
protest against any Ordinance, Resolution or decision of the Council and have the reason
therefore entered upon the Council minutes. Such dissent or Protest must be filed in writing, couched in respectful language, and presented to Council not later than the next regular
meeting following the date of passage of the Ordinance, Resolution or decision objected to.
21. Excusal During the Meeting. No member may leave the Council meeting while in regular
session without permission from the Mayor or Presiding Officer.
22. Personal Privilege. The right of a member to address the Council on a question of personal
privilege shall be limited to cases in which his or her integrity, character or motives are
assailed, questioned or impugned.
ORDER OF BUSINESS AND AGENDA
23. Order of Business. The business of all regular meetings of the Council shall be transacted as
follows; provided, however, that when it appears to be in the best interest of the public, the
Mayor or Presiding Officer may change the Order of Business:
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I. Call to Order II. Pledge of Allegiance
III. Roll Call
IV. Special Recognition (when appropriate) V. Public Appearances VI. Consent Agenda
VII. Items Removed from Consent
Agenda
VIII. Public Hearings, Ordinances & Resolutions
IX. Business
X. Mayor’s Report XI. City Managers Report XII. Council Reports XIII. Department Reports
XIV. Executive Session
XV. Adjournment
24. Agendas. Staff shall prepare an agenda for every regular, and if requested, for every special
Council meeting. Items may be placed on the agenda by any person, but such items shall be
presented to the City Manager, in writing, at least seven days prior to the meeting in which they are to be discussed. Upon approval by the Mayor, City Manager, or Council Member, the item shall be placed on the agenda for consideration.
Agendas and informational material for regular meetings shall be distributed to the Council
at least three days prior to the meeting. New business brought before the Council in a meeting may be referred to the City Manager
for a report at a future Council meeting.
25. Additions to the Agenda. A request to add an item for Council consideration to the Agenda may be presented at the Council meeting but shall require a majority concurrence of the
members present to be so added. These items should be limited to emergency items.
26. Special Orders of Business. Agenda items that are of special importance to the Council may
be treated as Special Orders of Business. Special Orders of Business agenda items take precedence over all other items except Pledge of Allegiance.
27. Consent Agenda. Items of a routine and non-controversial nature are placed on the Consent
Agenda. The Mayor or any Councilor may request an item be removed from the Consent
Agenda if discussion is requested. Presentations or questions of staff may be requested by the Mayor or any Councilor prior to voting on the Consent Agenda and without removing these
items from the Consent Agenda. Items removed from the Consent Agenda will be placed on
the “Items removed from the Consent Agenda” portion of the Regular Agenda. Consent
Agenda items are approved by one motion. Possible items for the Consent agenda would be,
but not limited to: Council/Committee Minutes
OLCC Requests
Committee Appointments
Temporary Street Closures
Surplus Property requests
Grant Requests
Annual Proclamations
Routine housekeeping items
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CONSIDERATION OF BUSINESS
28. Quorum. A majority of the Council shall constitute a quorum to do business.
29. Voting. Unless otherwise provided by statute, ordinance or resolution, upon any question
before the Council a roll call vote shall be made, provided, however, upon demand by any
member of the Council, the topic may be tabled until further information, deemed necessary
before a vote, has been provided to the Council for consideration. No Council Member may explain the reasons for his or her vote during the roll call. After a vote has been taken the
Mayor or Presiding Officer shall announce the results of the vote.
30. Voting Required. Every member present when a question is called shall vote either Aye or
Nay, unless the Council, by unanimous consent, excuse’s a member for a special reason or unless a member has a conflict of interest under applicable law, in which case no consent is required. There shall be no debate on such a request.
31. Minimum Votes Required in Certain Situations. Any action or direction of the Council shall
require the affirmative vote of a majority of those Council persons in attendance at a meeting for which a quorum is present to conduct business.
32. Ayes and Nays. On the passage of every Ordinance the vote shall be taken by Ayes and
Nays and entered into the record.
33. Tie Vote. In case of a tie vote on any item, the Mayor shall vote to break the tie the motion
automatically fails. A motion to reword or restate the motion is optional if a motion fails because of a tie vote.
PUBLIC COMMENT
34. Policy. The Council recognizes that public input unto the governmental process is an
invaluable aid to informed decision making. Therefore, it is the policy of the Council that all
citizens shall have the right to speak before the Council on matters of public concern, but
each citizen shall be responsible for abuse of such right. Consequently, to ensure that the greater public interest is fostered, each citizen or group of citizens who desires to speak before the Council shall have the duty to exercise this right in a manner which furthers the
greater public interest.
35. Public Comment Generally. Any member of the general public wishing to address the Council on a matter of public concern may do so at the time set for public comments during
each regular session of the Council. Any member so addressing the Council shall be limited
to a period of five minutes within which to make them heard. The Council, in its sole
discretion, may extend this time, or may request further information be presented to the
Council on such date and in such manner as it deems appropriate.
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36. Persons Sharing Common Concerns. If any group of three or more persons sharing a
common viewpoint on any subject wishes to address the Council during the time for public
comment, the group shall select a spokesperson, who shall present the views of the group to the Council. The Council, in its sole discretion, may request to hear the views of additional speakers from the group. Additional support for the views of the group, in the form of
petitions, letters, videotapes, etc., may be presented to the Council for consideration at the
conclusion of the spokes person’s remarks.
37. Request to address the Council. All persons or groups wishing to address the Council during
the time set for public comments shall sign in at the podium and provide prior to the
convening of the meeting, fill out a written request form provided by the City Manager, their
name, residence, and the subject of concern on which the persons or groups wishes to address
the Council.
38. Complaints and suggestions to the Council. When any citizen brings a complaint before or
makes a suggestion to the Council, other than for items already on the agenda, the Mayor or
Presiding Officer shall first determine whether the issue is legislative or administrative in
nature and then:
38.1 If legislative, and the complaint is about the letter or intent of legislative acts or
suggestions for changes to such acts, and if the Council finds such complaint suggests a
change to an ordinance or resolution of the City, the Council may refer the matter to the City
Attorney, a committee, the City Manager or the Committee of the Whole for study and recommendation.
38.2 If administrative, and the complaint is regarding administrative staff performance,
administrative execution of interpretation of legislative policy, or administrative policy
within the authority of the City Manager, the Mayor or Presiding Officer shall then refer the complaint directly to the City Manager for review. The City Manager shall direct the report
to the Council when the review has been made.
PROCEDURE FOR COUNCIL MEETINGS
39. Rules of Order. Unless otherwise provided by law or by these rules, the procedure for
Council meetings shall be governed by Robert’s Rules of Order.
40. Construction of Rules of Order. The Council has an obligation to the citizens to be clear and
simple in its procedures and in the consideration of the questions coming before it.
Therefore, the rules of procedure should be liberally construed to that purpose, and Council
Members should avoid invoking the fine points of parliamentary procedure when such points
serve only to obscure the issues before the Council as a whole and confuse the audience at
public meetings and the citizens in general.
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41. Convening the Meeting. At the time appointed, the Mayor or Presiding Officer shall take the
chair at the hour appointed for the Council to meet and shall immediately call the members to order. The Deputy Recorder shall enter in the minutes of the meeting names of the members present.
42. Recognition. Every Council Member desiring to speak shall first address the chair, and await
recognition to obtain the floor. No persons other than members of the Council and the person having the floor shall enter into any discussion, either directly or through a member of the Council without the permission of the Mayor or Presiding Officer.
43. Requirement of a Second Before Debate. No motion shall be debated until it has been
seconded and announced by the Mayor or Presiding Officer.
44. Motions Reduced to Writing. Any Council Member may request that a motion be reduced to
writing and read by the City Manager.
45. Council Questions to Staff. Every Council Member desiring to question the administrative staff shall address his or her question to the City Manager, who shall be entitled to either
answer the inquiries or designate some member of the staff for that purpose.
46. Citizen Participation. Except as specified in Section 36 herein, citizens desiring to address
the Council shall first be recognized by the chair and shall limit remarks to the question then under discussion. All remarks and questions shall be addressed to the Council as a whole and not to any individual Council Member thereof. Any remarks and questions regarding
administration of the City shall be referred to the City Manager by the Mayor or Presiding
Officer.
47. Precedence of Motions. When a question is before the Council no motion shall be
entertained except:
1. To abide by the rules
2. To adjourn 3. To lay on the table
4. For the previous question
5. Postpone to a certain date
6. To refer 7. To amend
8. To postpone indefinitely
These motions shall have precedence in the order indicated. Any such motion, except a
motion to amend, shall be put to a vote without debate.
48. Motion to be Stated by Mayor or Presiding Officer/Withdrawal. When a motion is made and
seconded it shall be stated by the originator or the Mayor or Presiding Officer before debate.
A motion may not be withdrawn without the consent of the member seconding it.
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49. Motion to Adjourn – When not in Order – When not Debatable. A motion to adjourn will be
in order at any time except as follows:
1. When made as an interruption of a member while speaking 2. When the previous question has been ordered 3. While a vote is being taken
A motion to adjourn is debatable only as to the time at which the meeting is adjourned.
50. Motion to Lay on the Table. A motion to lay on the table shall preclude all amendments or
debate of the subject under consideration. If the motion shall prevail, consideration of the
subject may be resumed only upon motion of a member voting with the majority and with the
consent of two-thirds of the members present.
51. Division of Question. If the question contains two or more dividable propositions the Mayor
or Presiding Officer may upon request of the members, divide the same.
52. Motion to Postpone. All motions to postpone, excepting to postpone indefinitely, may be
amended as to time. If a motion to postpone indefinitely is carried, the principal question shall be declared defeated.
53. Suspension of Rules. No rule shall be suspended except by the vote of the majority of
Council Members present at the meeting. A motion to suspend a rule is not debatable.
54. Adjourned Meetings. Upon motion and majority vote of Council Members present, any
meeting of the Council may be continued or adjourned from day to day or for more than one
day, provided that no adjournment shall be for a period longer than the next regular meeting
thereafter.
CITY BOARDS, COMMISSION, LAY COMMITTEES AND COUNCIL COMMITTEES
56. City Boards, Commissions, and Lay Committees. Unless otherwise provided by statue,
ordinance or resolution, the following shall be the procedure for the creation of and
appointments to all City Boards, Commissions, and Lay Committees:
1. Creation and Dissolution. At any time, the Council may, by ordinance or resolution,
establish any City Board, Commission or Lay Committee deemed necessary and in
the best interests of the City, other than the Planning Commission. Any committee so
created may contain one or more Council Members as members, and unless otherwise provided, all City Boards, commissions, and Lay Committees so created shall sunset at the end of their mission, but in all events shall be reviewed yearly from the date of
initial creation, and at such time shall either be preauthorized or dissolved.
2. Qualifications. All appointees to City Boards, Commissions, and Lay Committees
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shall be registered electors and shall have reside in the City of Central Point for a
period of one year. No appointee may serve on more than two City Boards,
Commissions, and Lay Committees at any one time.
3. Term. The term of all appointments shall be for one year or less, unless otherwise
stated, beginning with the first Council meeting in January. Appointments may be
renewed for any number of terms.
4. Vacancies. Any qualified citizen my submit a letter of interest for any open position on a City Board, Commission, or Lay Committee. Vacancies shall be advertised in
the local media and letters of interest shall be received only during the time set forth
in the advertisement.
5. Nomination and Confirmation. Nominations for positions on City Boards, Commissions, and Lay Committees may be made by the Mayor or by any two
Council Members, and shall be subject to confirmation by the Council.
6. Notification of Expiration of Terms. The City Manager shall give written notice to
the Council of the expiration of the term of office of all members of City Boards, Commissions, and Lay Committees at least thirty (30) days prior to expiration date of any appointee’s term of office.
7. Removal. All lay members of City Boards, Commissions, and Lay Committees serve
at the pleasure of the Council and may be removed at any time for any reason whatsoever upon motion and vote by a majority of the Council.
All Council Member seats on the City Boards, Commissions, and Lay Committees are
reserved for sitting Council Members and upon expiration of any Council Members term, or
upon resignation, removal, or death, the Council Member’s seat on any City Boards, Commissions, and Lay Committees occupied by that person shall be immediately declared
vacant, and a sitting Council Member appointed as a replacement.
57. Council Committees.
57.1 Creation and Dissolution. Council Committees may be created at any time by resolution
or motion. All Council Committees shall have a Chairperson and Secretary, who may be
either appointed by the Mayor, or by a majority vote of the members of the committee in the
absence of such appointment. Such committee shall report to the Council without
unnecessary delay upon matters referred to them. All Council Committees, so created, shall sunset at the end of their mission, but in all events shall be reviewed at the first Council meeting of January each year for preauthorization, and at such time shall either be
preauthorized or dissolved.
57.2 Membership. Membership on such Council Committees shall include only sitting
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Council Members, who shall be appointed by the Mayor or Presiding Officer, subject to
confirmation by the Council. Council Committee appointments shall be for a term of one
year, unless otherwise stated, and Councilors may be reappointed for an indefinite number of
terms.
57.3 Meetings. Council Committee meetings may be called by the Chairman, or by any two
members. A majority of the members of a Committee shall constitute a quorum to do
business.
58. Meetings Subject to Oregon Open Meetings Law. All meetings of any City Boards,
Commissions, and Lay Committees or Council Committees shall be subject to and comply
with the Oregon Public Meetings Law, ORS 192.610-192.710.
59. Quorums. A majority of the sitting members of any City Boards, Commissions, and Lay Committees or Council Committees shall constitute a quorum to do business.
60. Registry. The City Manager Recorder shall prepare, keep current, and retain on file in the
Office of the City Recorder a list of all appointees to all City Boards, Commissions, and Lay
Committees, the date of their appointment, the length of their unexpired term, and their addresses and phone numbers. All Council Members shall be given a copy of this list at least
once yearly, or upon any substantial change in membership of any City Board, Commission,
and Lay Committee.
MISCELLANEOUS
61. Amendments to Council Rules. Amendments to these rules shall be made by resolution.
62. Anonymous Communications. Anonymous and unsigned communications shall not be
introduced in Council meetings.
Adopted by Resolution No. ________, on January 12, 2017.
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CENTRAL POINT CITY COUNCIL
CODE OF ETHICS
The Central Point City Council (hereinafter referred to as “Council”) believes that it is expedient and
proper to adopt a Code of Ethics in order to clarify the authority exercised by the Council, or individual Council Members, and general rules applicable to Council Members’ conduct of City business.
The Council is committed to excellence in leadership that results in the highest quality of service to
its residents and taxpayers. This Code of Ethics is subject to annual review and re-adoption. A copy will be furnished each
December to allow persons who will be holding office effective the following January 1 time to
review the document. Amendments (if desired) and re-adoption will occur annually.
1. We, as a Council, shall attempt to maintain an environment emphasizing the dignity of each individual Council Member, the importance of respect for the style, values and opinions of
one another, and encouraging responsiveness and attentive listening in our communications.
2. We, as a Council, recognize that our primary responsibility is the formulation and evaluation of policy; the employment of a City Manager to be in charge of the city business under the
direction of the Council; and to discharge other duties as directed by policy of the council.
Matters concerning the operational aspects of the City shall be the responsibility of the
professional staff members of the City.
3. We, as a Council, commit ourselves to the highest standards or ethical conduct and behavior.
We shall hold no secret meeting, have no hidden agendas, nor engage in gossip. We shall
conduct the business affairs of the City before the general public in accordance with Oregon
Law.
4. We, as a Council, commit ourselves to focusing on issues rather than personalities. We wish
to encourage the presentation of others’ opinions. We will avoid cliques and voting blocks
based on personalities rather than on issues.
5. We, as a Council, shall be committed to supporting Council action. The Council agrees that while an individual Council Member may disagree with a policy or action adopted by a
majority vote of the Council, he/she should support said policy or action as being the
considered judgment of the Council. The individual member shall have the right and duty to
present further evidence and argument to the Council and the Council shall have the duty of
reconsidering upon proper evidence. We acknowledge the right of individuals to disagree with ideas, without being disagreeable.
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6. We, as a Council, shall practice the following procedures in:
a. Seeking Clarification on Informal Items.
Council Members may directly approach professional staff members to obtain
additional information needed to supplement, upgrade or enhance their knowledge to improve decision making.
b. Handling Complaints.
Complaints made to members of the Council should be directly referred to the Office of the City Manager for processing.
7. We, as a Council, shall recognize the work of the City as a team effort. All Council
Members shall work together in a collaborative process, assisting each other the Mayor or Presiding Officer in conducting the affairs of the City.
8. We, as a Council, when responding to citizen requests or concerns, shall be courteous,
respond to individuals in a positive manner and may, when appropriate, route their concerns
and interests through City Staff. 9. We, as a Council, are encouraged to work with the City Manager at our mutual convenience,
to discuss current issues, policies, concerns, and City projects.
10. We, as a Council, will operate as a whole. Issues of concern to individual Council Members will be brought to the attention of the Council as a unit for review and consideration. Ex parte communications will be disclosed to all Council business.
11. We, as a Council, shall be responsible for monitoring the City’s progress in attaining
established goals and objectives. 12. We, as a Council, acknowledge that each Council Member has the right to agree or disagree
with any council action or policy and to discuss his or her position on an issue with their
constituents. We further agree that such discussions should be conducted with decorum and
with the goal of informing the citizenry and fostering confidence in the operation of the City. 13. We, as a Council, shall be prepared by reviewing City materials and will engage in a program
of development toward improving our policy and decision making capabilities.
14. We, as a Council, shall be committed to developing short and long range planning goals for the future needs of the City.
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STATEMENT OF ACKNOWLEDGMENT
CONFLICT OF INTEREST/CODE OF ETHICS
I, _____________________________, am a member of the City of Central Point City
Council.
I acknowledge that I have received a current copy of the Central Point City Council
Code of Ethics and will be prepared to discuss any modifications or changes to it for
the next fiscal year. I am in conceptual agreement with the contents and agree to
conduct myself as a member of the Council in a manner reflecting high ethical
standards.
I also acknowledge that I have received a copy of the Conflict of Interest Resolution
adopted by the Council. I am not involved in any situation which could be construed
as placing me in the position of having a potential conflict of interest with the City,
except possibly the following:
Signature: _______________________________ Date: _________________
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Resolution
Resolution of Intent
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Page 1 of 2
STAFF REPORT January 12, 2017
AGENDA ITEM:
Consider a Resolution of Intent to Initiate Miscellaneous Code Amendments (File No.16033). Initiate minor changes to Chapter 17 Zoning in the Central Point Municipal Code. Applicant: Community Development Department
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director BACKGROUND:
Staff has identified numerous housekeeping changes that should be made to Chapter 17, Zoning. The
proposed changes do not affect current policy, but would clarify administration of current policies and
standards. At this time staff is asking for authorization by the City Council in the form of a Resolution of Intent (Attachment A) proceeding with completion of the proposed code amendments. Upon approval, staff will notify the Department of Land Conservation and Development (DLCD) and schedule public
hearings with the Planning Commission for a recommendation and the City Council for final action. The
City Council may propose additional amendments that can be discussed and added to this
authorization/resolution.
PROPOSED CHANGES:
The proposed amendments are:
Amendment 1, Section 17.08.010 Definitions, specific
Consideration: “Alley” should be redefined to be consistent with definition of “Alley” in Chapter 16, Subdivisions.
“Tiny Homes” are becoming more popular and may need to be defined.
“Frontage” as it is currently written creates some confusion with yard setback measurements for lots
abutting a dedicated street, which can include an alley, or highway.
“Lot, Corner” needs to be adjusted for proposed changes in the definition of “Alley”, and “Frontage” “Lot Coverage” to maintain consistency throughout the zoning code. Currently, lot coverage for standard
zoning and TOD zoning differ in method of calculation.
Dwelling Unit definitions have two sets of definitions in the code; standard definitions and TOD
definitions. For dwelling units these definitions need to be revisited and made consistent. As an example
the term “Dwelling, Single-Family” uses the term “detached”. Technically any residence that is on its own lot, whether attached or detached is a single-family residence.
Amendment 2, Section 17.65.050, Table 2 and Table 5, TOD District/Corridor Zoning Standards
Rear Yard Setback. Currently 15 feet in the TOD LMR and MMR, propose to reduce to 10 feet consistent
with the R-2 and R-3 districts, which are similar in density and use.
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17.65.050 (F)(3)(a) As currently written parking in the TOD is subject to the parking standards in 17.64
with some exceptions. One of the exceptions requires that, “Fifty percent of all residential off-street
parking areas shall be covered. Accessory unit parking spaces are not required to be covered.” Proposed
change would remove this requirement entirely relying on 17.64 for the determination of covered parking. This modification removes the covered parking requirement for multi-family housing.
Amendment 3, Section 17.67.040(A)(9)(b), refers to design requirements for off-street pedestrian access
ways. Currently, there are two types of off-street access ways; Major and Minor. Section
17.67.040(A)(9)(b) needs to add the term ”Major” to distinguish it from the minor off-street access ways in Section17.67.040(A)(9)(c
Amendment 4, Section 17.24.050(H)(2), allows use of TOD standards in the R-2 district per Section
17.65. For clarification a reference to Table 2 needs to be added. Table 2 controls site design standards.
Amendment 5, Section 17.28.050(B) same fix as Amendment 4, adding a reference to Table 2.
Amendment 6, Section 17.75 – Design & Development Standards.
Amendment 6, Section 17.75.039, add minimum standards for off-street parking back-up/turn. This
primarily applies to residential development.
Amendment 7, Section 17.67.070(D), this section of the codes uses the term “shall” and sometimes “should” for describing architectural design requirements. It is appropriate for the Planning Commission to evaluate the use of “should” and replacing with “shall”.
Amendment 8, Sections 17.20.020(J). Add: at the discretion of the applicant, a development application
within the R-1 zoning district shall be subject to 1) The normal base zone requirements as identified in
this chapter; or 2) The TOD-LMR requirements as set forth in Chapter 17.65.
Amendment 9, Sections 17.37.030(E), 17.44.030(A)(20) and 17.46.030(29), to remove medical
marijuana dispensaries prohibited pursuant to the November 8, 2016 election results. Amendment 10, Sections 8.24.090 Establishment of floodplain development permit, revise development
review permit procedure types as referenced in 17.05.
ATTACHMENTS:
Attachment “A” - RESOLUTION NO. __________A RESOLUTION DECLARING THE CITY COUNCIL’S INTENT TO INITIATE AN AMENDMENT TO THE CENTRAL POINT MUNICIPAL CODE CHAPTER 17,
ZONING TO CLARIFY THE ADMINISTRATION OF CURRENT POLICIES AND STANDARDS ACTION:
Discuss proposed changes and initiate a Code Amendment by Resolution using the provisions in 17.10.200(B).
RECOMMENDATION:
Deliberate and 1) Approve a Resolution of Intention to Amend the Municipal Code; 2) Defer a Resolution of
Intention to the Planning Commission.
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City Council Resolution No. ________________ (1/12/2017)
RESOLUTION NO. __________
A RESOLUTION DECLARING THE CITY COUNCIL’S INTENT TO INITIATE AN AMENDMENT TO THE CENTRAL POINT MUNICIPAL CODE CHAPTER 17, ZONING TO CLARIFY THE ADMINISTRATION OF CURRENT POLICIES AND STANDARDS
RECITALS: A. An amendment of the Central Point Municipal Code (Zoning) may be initiated by
adoption of a resolution of intention by the City Council (Chapter 17.10.200); and
B. The City Council has reason to believe that current policies in the zoning code are unclear and that the City and prospective development permit applicants would be
benefitted by clarifying policies and standards.
C. The City Council determines that it is in the City’s economic interest and that the
public necessity and convenience and general welfare support such an amendment. The City of Central Point resolves:
Section 1: By this resolution the City Council authorizes the Community Development Department to proceed with consideration of amendments to the zoning code, including
necessary and related changes to other municipal code sections.
Section 2: Unless otherwise authorized by the City Council the amendments shall be limited to
those stipulated in the staff report dated, January 12, 2017.
Section 3: Prior to formal application for the actions cited in Section 1 of this resolution the
requirements of Section 17.10 et seq of the City of Central Point Municipal Code shall be met.
PASSED by the Council and signed by me in authentication of its passage this 12th day of January, 2017.
___________________________________
Mayor Hank Williams
ATTEST:
_______________________________
City Recorder
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Resolution
Adopting Agreement for
Visitor Information Center
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STAFF REPORT
January 12th, 2016
AGENDA ITEM: Review and possible renewal of a 2+-year agreement between the City of Central Point and the Central Point Chamber of Commerce for operation of the Visitors Information Center.
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
In September of 2014 the City negotiated a new/revised agreement with the Central Point Chamber
of Commerce for operation of the Central Point Visitors Information Center (VIC). The 2014
agreement included some significant changes in terms of how the Chamber of Commerce would
operate the VIC as well as the Chamber’s obligations for financial reporting.
The 2014 agreement included an automatic 2-year renewal provision that would become effective
October 1st, 2016 (10/1/2016 - 9/30/2018). However, given historical concerns and the increased
requirements contained in the 2014 agreement, staff felt it was prudent to review current agreement
status with council prior to allowing the automatic renewal to occur.
Following City Council review in September of 2016, staff was directed to make recommended
modifications of agreement and negotiate a new multi-year lease agreement for current Chamber of
Commerce/VIC office space.
AREAS OF MODIFICATION
In the proposed agreement staff has recommend significant changes in the following areas: 1.Term of the Agreement2. Accounting and Financial Reporting
3. Reduced Payment Structure
4.Property Lease Situation
FISCAL IMPACT:
The 2015-2017 City of Central Point Budget allocated $220,000 for General Fund/City
Enhancement/Tourism Promotion. All non-event specific funding related to the operation of the Visitors Information Center is programmed in this budget line item. Event specific funding that is
programmed for the Central Point Chamber of Commerce is allocated under General Fund/City
Enhancement/Community Events.
Should the Council choose to renew the Visitors Information Center operational agreement, the agreement specifies VIC funding levels at $22,400 per year. However, the city’s annual
contribution depends on budgetary authority granted by the Central Point Budget Committee &
City Council. Prior to budget authorization for VIC funding the Central Point Chamber of
ADMINISTRATION DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-7602 · www.centralpointoregon.gov
CAP011217 Page 77
Commerce is required to present a proposed annual budget, and provide details on operational specifics, goals and objectives.
ATTACHMENTS:
1. Proposed Visitor Center Agreement.
2. Proposed Lease Agreement.
3. City Enhancement Fund Financial Statement.
4. Resolution approving 2+-year extension (October 1st, 2016 – June 30th, 2019) of agreement between the City of Central Point and Central Point Chamber of Commerce for operation of the Visitor Information Center.
RECOMMENDATION:
1. Amend agreement as necessary.
2. Adopt resolution approving a 2-year extension (October 1st, 2016 – September 30th, 2019) of the agreement between the City of Central Point and Central Point Chamber of Commerce for operation of the Visitors Information Center.
PUBLIC HEARING REQUIRED:
A public hearing is not required for this item but allowing public comment on the proposed
agreement renewal is appropriate.
SUGGESTED MOTION:
I move to adopt resolution number _____ approving a 2+-year extension of the agreement between the City of Central Point and Central Point Chamber of Commerce for operation of the Visitors Information Center.
CAP011217 Page 78
VISITOR CENTER AGREEMENT
THIS AGREEMENT by and between the CITY OF CENTRAL POINT, a municipal
corporation of the State of Oregon hereinafter called "the CITY", and the CENTRAL POINT
CHAMBER OF COMMERCE, an Oregon not-for- profit corporation hereinafter called "the
CHAMBER," is effective as of October 1, 2016.
RECITALS
WHEREAS, the CITY desires to contract for tourism promotion utilizing funds derived in
whole or in part from transient lodging taxes ("TLT") collected within the CITY; and
WHEREAS, the CHAMBER has the capability and desire to undertake such a tourism
promotion program, through a Visitor Information Center ("VIC");
NOW THEREFORE the parties agree as follows:
SECTION I TERM AND RENEWAL
This Agreement is effective beginning October 1, 2016. Its initial term extends through
June 30, 2019. Unless this Agreement is terminated under Section II below, it will automatically be renewed for two years (July 1, 2019 – June 30, 2021), on the same terms, except for the
payments to be made as described in Section III below and except to the extent the parties may
choose to amend or modify the Agreement under Section XII below. Payments for the renewal
period will be determined as set forth in Section V below.
SECTION II TERMINATION
1. Either party, for any reason, upon one hundred eighty (180) days prior written notice to the
other, may terminate this Agreement without further obligations. Notwithstanding this general rule:
a) Either party may terminate this Agreement in the event of a breach of the Agreement by
the other party. Prior to such termination, however, the party seeking the termination shall
give to the other party written notice of the breach and of the party's intent to terminate. If the party has not entirely cured the breach within ninety (90) days after such notice, then
the party giving the notice may terminate the Agreement at any time thereafter by giving a
written notice of termination. Provided, however, if said default cannot reasonably be cured
within ninety (90) days, then this Agreement shall not terminate if the defaulting party uses
reasonable efforts and diligence to commence curing said problem within the 90-day period and completes the cure of said problem within a reasonable time thereafter. Such
termination will be without prejudice to a party's rights to other legal or equitable remedies
for breach of this Agreement, such as the right to recover money damages for such breach.
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b) This Agreement will terminate, without further action by the parties and without further
obligations, in either of the following events:
1. If the CITY's appropriation of funds for this Agreement in any fiscal year fails to equal
or exceed the budget submitted by the CHAMBER to the CITY under Section V below, or the CITY's schedule for payment of funds differs from that budget, this agreement
will terminate on June 30 of the last fiscal year for which sufficient funds are
appropriated and paid; or
2. If sufficient funds are not available for this Agreement this agreement will terminate
on June 30 of the fiscal year in which funds are not sufficient.
The CITY certifies that funds for this Agreement are included in the CITY's budget for the current
fiscal year which ends on June 30, 2017. The CITY, in compliance with the appropriation of funds
requirements in ORS 294.305 to 294.565, will in good faith endeavor to budget and appropriate
such funds for subsequent fiscal years. If funds are not appropriated for this agreement for any fiscal year after 2016-2017, the CITY will notify the CHAMBER, and this Agreement will
terminate on June 30 of the last fiscal year for which sufficient funds are appropriated.
SECTION III
CITY FUNDING FOR VISITOR INFORMATION CENTER
During the term of this Agreement, unless otherwise stipulated in the budget submitted by the
CHAMBER to the CITY under Section V below, the CITY shall pay to the CHAMBER, from
funds lawfully appropriated, a monthly amount equal to one-twelfth of the CHAMBER's approved
budget for the VIC for the CHAMBER's fiscal year in question (for VIC purposes, and for purposes of this Agreement, the CHAMBER's fiscal year is July 1 -June 30, although for other purposes,
the CHAMBER operates on a calendar-year basis). Such monthly payments will be no later than
the 10th business day of each month (a "business day" is a day that is neither a weekend nor an
official holiday under Oregon state law). However, inasmuch as the initial term of this Agreement
ends on June 30, 2019, and it may thereafter be renewed, the CITY's payments will be: a) For the initial term of this Agreement, the current appropriated amount for visitor’s
information center (VIC) operation is $22,400 per year ($1866.67/month).
b) For successive terms the parties acknowledge and agree that the VIC will be funded by the
CITY in amounts, and according to the schedule of payments, set forth in the CHAMBER's
approved budget submitted to the CITY under Section V below, provided that if such funding is not appropriated, the CHAMBER may terminate this Agreement as provided in
Section IIb above. Inasmuch as TLT is expected to be the primary or exclusive source of
funds for the VIC under this Agreement, the CHAMBER understands and agrees that use
and expenditure of TLT is subject to the requirements of ORS 320.300 to 320.350, and the
parties will follow these requirements with respect to TLT. c) The City of Central Point is currently leasing office space for the operation of the Central
Point Chamber of Commerce & Visitor’s Information Center. The office space is located
at 650 E. Pine Street and the current lease agreement remains valid until December 31,
2019, a copy of which is attached hereto as Exhibit “A”. Future lease agreements/funding
will be subject to city council approval.
SECTION IV
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SERVICES TO BE PROVIDED
a) The CHAMBER's purpose for operating the VIC is to provide local citizens and visitors with
information about Central Point area visitor facilities, recreational opportunities, services offered by the CITY and other relevant governmental entities, and services provided by private
nonprofits and other nongovernmental organizations and charities in the Central Point area;
and other information that is reasonable for the CHAMBER to provide by means of a VIC,
given the limits of the CHAMBER's budget, the level of funds available for the VIC, and the
hours the VIC is open. b) The CHAMBER shall operate the VIC with an office and telephone service, regularly open
and available to the public. The CHAMBER Board of Directors, in its discretion, will
determine the VIC's hours of operation, provided that office and telephone service to the public
will be available at least 25 hours each week during daytime hours; the CHAMBER may
choose to include Saturday in this 25-hour week, or limit hours of operation to weekdays. c) The CHAMBER's activities in furtherance of its purposes for the VIC will include marketing
and promotion of tourism and promotion of economic development, and providing
information necessary to support such activities. Specific examples of activities the
CHAMBER will conduct include:
1. Production, display and distribution of promotional brochures; 2. Advertising in local and regional publications;
3. Providing information about services offered by the CITY and other governmental and
nongovernmental entities;
4. Providing the public with maps, brochures and other information about the Central Point
and the surrounding area; 5. Publicizing local and regional entertainment, events, and tourist attractions, and tourist
destinations;
6. Informing the public about restaurants, lodging, and similar accommodations that may
be of interest to visitors;
7. Publicizing opportunities for the development and promotion of tourism and tourism related businesses; and
8. Assisting with and promoting annual events which foster CHAMBER goals.
SECTION V
BUDGET
Beginning no later than February 1, 2017, and the first business day of each February thereafter,
for as long as this Agreement remains in effect (including renewal periods), the CHAMBER shall
submit a detailed program and revenue request for the VIC'S upcoming fiscal year to the CITY.
The proposal shall become part of the CITY's annual budget appropriation process. The proposal will include a copy of the CHAMBER's board-approved VIC operating budget for the next fiscal
year. The proposal also will include the CHAMBER's projected goals and objectives for the VIC
for the next fiscal year. (Example: On February 1, 2017, the CHAMBER will submit the proposal,
including the budget, for the VIC for the year July 1, 2017 -June 30, 2018.)
SECTION VI ACCOUNTING AND REPORTING
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a) The CHAMBER will separately account for VIC monies apart from its general books of
account. The City Finance Director or his/her designee may examine this separate VIC
accounting during normal business hours after providing written notification to the CHAMBER, at least 48 hours prior to the time such examination is to be held. Nothing
contained herein shall be interpreted to grant the CITY access to the general books, papers,
and accounting records of the CHAMBER, or to any other records of the CHAMBER not
directly related to the VIC.
b) The CHAMBER shall account to the CITY for monies received from the CITY for the VIC. This accounting will be provided by the seventh business day of the first month following the
end of each fiscal-year quarter. The accounting shall refer to the three calendar months
preceding the accounting. (Example: The October accounting will be for July - September).
The CHAMBER shall forward this report to the CITY Finance Department.
c) The CHAMBER also shall file with the CITY, with each quarterly accounting, a program report. This report will cover the same time period as the accounting submitted under Section
VI(b) above. If the Chamber fails to meet the accounting/reporting requirements described in
this section VI(a-c) of this Agreement, CITY may withhold future monthly payments of
appropriated funds until proper accounting/reporting required under this Section is provided.
CITY shall not be required to pay interest or penalties for such delayed payment, where the delay is caused by CHAMBER’s failure to property account/report to CITY.
d) The CHAMBER shall maintain adequate accounting records of all revenues and expenditures
covered by this Section VI, with supporting invoices, for a period of three (3) years.
e) It is understood and agreed that the CITY may appropriate funds derived from any source it
chooses to fund the VIC under this Agreement. Even so, it is understood that TLT will most likely be the source of such funds. Therefore, if the CITY's projections for future collection of
TLT change during the CITY'S fiscal year, the CITY will advise the CHAMBER of the CITY's
changes in projections for TLT collection within forty (40) days after the close of the CITY's
fiscal year- quarter in which the change in collection projections occurred.
f) CHAMBER shall report to CITY quarterly analytic contact information. Such reports shall summarize the total number of contacts via telephone, email, website, and personal visits as
well as such other information compiled by CHAMBER to detail its promotion of tourism and
public information.
SECTION VII CITY REPRESENTATIVE
The CHAMBER's board of directors will, no later than October 31st, 2016, appoint an advisory
committee for the VIC. This advisory committee will meet at least once each fiscal-year quarter
while this Agreement is in effect, beginning in the October 1-December 31, 2016, quarter. The advisory committee will provide the CITY with notification of the date, time, and location of its meetings, at least 14 days before the scheduled date of the meeting, except that in the case of
emergency or specially-scheduled meetings, the notification will be (if possible) at least four days
before the meeting is to take place. The CITY will appoint a city council liaison to sit as a member
of this committee, and this individual will be entitled to a seat on the committee. Nothing in this section will affect the right of the CHAMBER's board of directors to conduct the CHAMBER's business under the CHAMBER's bylaws and other governing documents. However, if requested
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by the board, the appointed city council liaison will be available to attend regularly scheduled
chamber board meetings.
SECTION VIII. INSURANCE
The CHAMBER shall carry insurance as follows:
a. Workers' compensation coverage in accordance with Oregon law; and b. Commercial general liability insurance for the VIC, with a reputable insurance carrier,
naming the CITY, elected officials, officers, agents and employees as an additional insured.
The insurance limits shall be a minimum of $1 million per occurrence and $2 million
aggregate. Evidence of such insurance coverage, in the form of a certificate from the
CHAMBER's insurer, will be provided to the CITY within fifteen (15) days from the end of each calendar-year The CHAMBER also will furnish a new certificate of coverage to
the CITY forthwith, upon any change of insurance carrier by the CHAMBER. The
CHAMBER may not cancel this insurance without at least thirty (30) days prior written
notice to the CITY.
SECTION IX INDEMNIFICATION
a. CHAMBER will indemnify defend and hold CITY, its elected officials, officers, agents
and employees, harmless from and against all claims, demands, actions, costs and expenses, including attorneys' fees and costs of defense, which may be incurred by or asserted against
CITY, arising out of or resulting CHAMBER’s acts and omissions and the acts and omissions of
CHAMBER’s officers, subcontractors, agents and employees.
b. CITY will indemnify defend and hold CHAMBER, its officers, agents and employees,
harmless from and against all claims, demands, actions, costs and expenses, including attorneys' fees and costs of defense, which may be incurred by or asserted against CHAMBER, arising out
of CITY’s acts and omissions and the acts and omissions of CHAMBER’s officers,
subcontractors, agents and employees.
SECTION X COMPLIANCE WITH LAWS
The CHAMBER will comply with the provisions of all federal, state and local laws and ordinances
that are applicable to the VIC and its operations.
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SECTION XI STATUS AS AN INDEPENDENT CONTRACTOR
In the performance of the work, duties, and obligations required of the CHAMBER under this agreement, it is mutually understood and agreed that the CHAMBER is at all times acting and
performing as an independent contractor and not an agent, partner, or joint venture with the CITY.
The CITY shall neither have nor exercise any control over the methods by which the CHAMBER
performs its work and functions. The parties acknowledge that any contracts entered into between
the CHAMBER and any third party are not an obligation of the CITY, and the CHAMBER must not represent that it has the power or authority to contractually bind or obligate the CITY.
SECTION XII
MODIFICATION
This Agreement may not be released, discharged, abandoned, changed, or modified in any manner,
except by an instrument in writing signed on behalf of each of the parties, by their duly authorized
representatives.
SECTION XIII ASSIGNMENT
The responsibility for performing the CHAMBER's services under the terms of this Agreement
shall not be assigned, transferred, delegated or otherwise referred by the CHAMBER to a third
person without the prior written consent of the CITY.
SECTION XIV NOTICES
For purposes of this Agreement, notices by one party to the other are deemed to be made if in writing, sent by certified mail, return receipt requested to the other party, addressed as follows:
A.For the CHAMBER: Executive Director
Central Point Chamber of Commerce
150 Manzanita St. Central Point, OR 97502
B.For the CITY: City
City of Central Point
140 S. 3rd Street Central Point, OR 97502
IN WITNESS WHEREOF, this agreement is entered into as of ______________, 2017.
CITY OF CENTRAL POINT
_________________________
CENTRAL POINT CHAMBER OF COMMERCE
_____________________________
Director
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LEASE
THIS Lease (“Lease”), is made and entered into as of this ______ day of January, 2017
(“Effective Date”), by and between Freel & Associates, LLC (“Lessor”), and the City of Central Point, an Oregon municipal corporation (“Lessee”). Lessee and Lessor are sometimes
collectively referred to herein as the “Parties” and individually as a “Party.”
Article 1
AGREEMENT TO LEASE Lessor owns certain real estate, including land and improvements, commonly known as
650 East Pine Street, Central Point, Jackson County, Oregon (the “Property”), as shown and
legally described on Exhibit A. Lessor hereby agrees to lease to Lessee, and Lessee hereby
agrees to lease from Lessor, a portion of the Property as follows.
Article 2 PREMISES 2.1 Description Lessor hereby leases to Lessee, on the terms and conditions stated below, certain space
consisting of approximately 1050 square feet (Chamber =850 sq. ft./ Visitor Center= 200sq.ft.)
of indoor space (the “Premises”) in the building (“Building”) located within the Property, together with all improvements located in, or to be made thereto by either Lessor or Lessee, in
the Premises. The Premises represents a 9% (1050/11264) proportionate share of the Property.
The Premises is shown on Exhibit B. Lessor makes no warranty as to the exact square footage of
the Premises.
2.2 Permitted Use Lessee will use the Premises only for the following purpose: Office and visitor center
(“Permitted Use”). No other use may be made of the Premises without the prior written approval
of Lessor.
2.3 Compliance with Laws and Regulations
Lessee will comply with all applicable state, federal, and local laws, ordinances, rules, and regulations, including but not limited to, local fire codes, zoning regulations, and occupancy
codes. Lessee will promptly provide to Lessor copies of all communications to or from any
government entity that relate to Lessee’s noncompliance, or alleged noncompliance, with any
laws or other government requirements impacting the Premises.
2.4 Limits on Use Lessee will not use, nor permit anyone else to use, the Premises in a manner, nor permit
anything to be done in the Premises, that (a) adversely impacts, or is likely to adversely impact,
the Premises, the Property, or any element or part of the Premises or the Property, or the
operations of the Premises or the Property; (b) creates any condition that is a safety hazard; (c)
creates a condition that may increase the rate of fire insurance for the Premises or the Property or would prevent Lessor from taking advantage of any ruling of an insurance rating bureau that
would allow Lessor to obtain reduced rates for its insurance policies, or violates any
requirements of Lessee’s insurance carrier; or (d) creates a hazard or a nuisance to other tenants
or occupants of the Property.
2.5 Condition of Premises / No Warranties Lessor makes no warranties or representations regarding the condition of the Premises or
the Property, including, without limitation, the suitability of the Premises for intended uses or the
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condition of the improvements. Lessee has inspected and accepts the Premises in its “AS IS”
condition upon taking possession. Lessor will have no liability to Lessee, and Lessee will have
no claim against Lessor, for any damage, injury, or loss of use caused by the condition of the
Premises or the Property. Lessee is solely responsible for thoroughly inspecting the Premises and ensuring that it is in compliance with all laws.
2.6 Lessor’s Maintenance / Repair Obligation Lessor is responsible for maintaining the structural integrity of the Building exterior
walls, foundation, roof, heating and cooling system, sprinkler system, and any shared loading
docks and doors unless damage is caused by Lessee. Lessee will promptly notify Lessor of any damages or noticed defect to any of the foregoing.
2.7 Americans with Disabilities Act Compliance with the Americans with Disabilities Act (“ADA”) is dependent on Lessee’s
specific use of the Premises. Lessor makes no warranties or representations about whether the
Premises comply with the ADA or any similar state or local legislation. In the event that Lessee’s use of the Premises requires modifications or additions to the Premises to achieve ADA
or other similar law compliance, Lessee agrees to make any such necessary modifications,
additions, or both at Lessee’s expense.
Article 3
TERM 3.1 Initial Term The term of this Lease will commence on January 1, 2017 (the “Commencement Date”),
and continue for a lease term of 36 months, expiring on December 31, 2019(“Expiration
Date”), unless sooner terminated under the terms of this Lease (“Initial Lease Term”). As used
herein “Lease Term” means the Initial Lease Term and, if extended, also includes the Extension Term.
3.2 Extension Option If the Lessee is not then in Default of this Lease (as defined in Article 12), Lessee will
have an option to extend the Initial Lease Term (“Extension Option”) for up to ONE
additional TWO year renewal term, each of which constitute an “Extension Term,” on the same terms and conditions as herein provided, except for the Basic Rent, which will be
increased at the beginning of any Extension Term as set forth in Article 4. An Extension Option
may be exercised by written notice given to Lessor not less than 90 days, nor more than 120 days
before the expiration of the Initial Lease Term or any Extension Term. Failure to exercise any
Extension Option will terminate any subsequent Extension Option(s). Article 4 RENT 4.1 Basic Rent Amount and Due Date
The base monthly rent (“Basic Rent”) for the Initial Lease Term is $1200.00. Basic Rent is due and payable commencing on the Commencement Date and on the first day of each and every month thereafter during the Lease Term. 4.2 Additional Rent This Lease is a "modified gross lease" “triple net lease,” meaning that unless otherwise
specifically provided herein, Lessee is responsible to pay all insurance, utilities, taxes, and other
costs associated with the Premises, with some of those charges being billed annually by Lessor directly to Lessee commencing with the amount due on the November 2016 tax bill. and others
being included in the CAM Charges (defined in section 4.7.2), of which Lessee will pay Lessee’s
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proportionate share (9%) of taxes. as more particularly described in section 4.7.2. All amounts
due hereunder in addition to the Basic Rent are deemed “Additional Rent.” Any reference to
“Rent” herein includes Basic Rent and Additional Rent.
4.3 Basic Rent Rate Escalation Basic Rent will shall be increase on each anniversary of the Commencement date by 2% (“Minimum Escalation”) or by the CPI-U increase, whichever is greater. CPI-U increase shall be
calculated by determining the percentage that the CPI-U index increased during the prior 12
months. The CPI-U index shall mean the CPI-U for Portland, Oregon. The index base period
shall be 1982-1984=100. Any successive Extension Terms shall be increased in the same manner, with the Minimum Escalation or the CPI-U increase applied to the previous Extension Term’s Basic Rent.
4.4 Security Deposit
4.4.1 Amount of Security Deposit
Upon execution of this Lease, Lessee will deposit with Lessor and continuously maintain a “Security Deposit” in the amount of $800.00 (This has been prepaid with previous lease and is already credited to lessee) 4.4.2 Use of Security Deposit
The Security Deposit secures Lessee’s full and faithful performance and observance of all
of Lessee’s obligations under this Lease and under any other written agreement between Lessee and Lessor specifically referring to the Security Deposit. The Security Deposit will not be
considered to be held in trust by Lessor for the benefit of Lessee, may be commingled with other
funds of Lessor, and will not be considered an advance payment of Rent or a measure of Lessor’s
damages in the case of an Event of Default (defined in section 12.1) by Lessee. Lessor may, but
will not be obligated to, after 10 days’ advance written notice is delivered to Lessee in accordance with section 17.9, draw on and apply the Security Deposit (including all interest
earned thereon) to: (a) pay any delinquent Basic Rent or other Rent not paid within the
applicable time period, if any, under section 12.1.1; and/or (b) remedy any violation of this
Lease, after Lessee has received notice and opportunity to cure under section 12.1.2, if a notice
and opportunity to cure is required under this Lease. If Lessor applies any of the Security Deposit to any of the above, Lessee will, immediately upon demand, replenish the Security
Deposit to its full amount. If Lessee fully performs all of its obligations under this Lease, the
Security Deposit, or any balance remaining thereof, will be returned to Lessee within 30 days
after the Expiration Date or earlier termination of this Lease and delivery of the Premises back to
Lessor. However, if a reasonable question exists concerning Lessee’s full compliance with this Lease, or if there is any obligation under this Lease to be performed after the Expiration Date or
earlier termination of this Lease, Lessor may require that the Security Deposit remain in place
until Lessor is satisfied that there has been no violation of this Lease and all obligations due
under this Lease have been fully performed, even if it takes Lessor longer than 30 days to make
such a determination to Lessor’s reasonable satisfaction. 4.5 Taxes Lessee agrees to pay, on or before the date they become due, Lessee’s proportionate share
of all taxes, assessments, special assessments, user fees, and other charges, however named, that,
after the Effective Date and before the expiration of this Lease, may become a lien or that may
be levied by any state, county, city, district, or other governmental authority on the Premises, any interest of Lessee acquired under this Lease, or any possessory right that Lessee may have in or
to the Premises by reason of its occupancy thereof, as well as all taxes, assessments, user fees, or
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other charges on all property, real or personal, owned or leased by Lessee in or about the
Premises (collectively, “Taxes”), together with any other charge levied wholly or partly in lieu
thereof. Taxes are considered Additional Rent under this Lease. All Taxes are paid to the taxing
authority by Lessor and are paid to Lessor by Lessee annually when billed by Lessor. through the monthly CAM Charges (defined in section 4.7.2).
4.6 Operating Expenses and Utilities Lessee will promptly pay any and all charges for gas, electricity, telephone, garbage,
Internet, and all other charges for utilities or services that may be furnished directly to the
Premises. If any such utilities or services are not separately metered or invoiced to Lessee, Lessor will equitably apportion the charges, based on the percentage that the Premises area bears
to the total utility usage. Lessee will timely pay its apportioned share on a monthly basis as
invoiced by Lessor.
Lessor has no responsibility to provide any utility services to the Premises that are not
already in place. If additional services are required, Lessee will obtain Lessor’s permission for their installation, at Lessee’s sole cost and expense. Lessee will have access to the utility corridors of the Building as needed. Lessee also agrees to pay its proportionate share of monthly
CAM Charges (defined in section 4.7.2), which cover, among other things, Taxes, water, sewer,
insurance, parking lot maintenance, certain Building repairs and capital expenditures, and
lighting for the Common Areas (defined in section 4.7). 4.7 Common Areas The “Common Areas” consist of certain unleased areas and facilities outside the Premises
and within the exterior boundary line of the Property and interior utility raceways and
installations that are designated by Lessor to be for the general nonexclusive use of Lessor,
Lessee, all other tenants of the Property. The Common Areas include but are not limited to parking areas, certain loading and unloading areas, garbage and debris disposal areas, roadways,
walkways, driveways, and landscaped areas. Lessee has the nonexclusive right to use, in
common with others entitled to such use, the Common Areas as they exist from time to time,
subject to any rights, powers, and privileges reserved by Lessor under the terms hereof. Under no
circumstances does the right to use the Common Areas include the right to store any property, either temporarily or permanently, in the Common Areas. Any such storage will be permitted
only by the prior written consent of Lessor and may be revoked at Lessor’s convenience. If any
unauthorized storage occurs, Lessor will have the absolute right, without notice and in addition
to the other rights and remedies that it may otherwise have at law or under this Lease, to remove
the property to Lessee’s Premises or a storage area and to charge the cost to Lessee, which cost will be immediately payable upon demand by Lessor. The removal will not be considered any
form of bailment.
4.7.1 Lessor’s Authority over Common Areas
Lessor has the exclusive control, management, and maintenance of the Common Areas
and has the right to establish, modify, amend, and enforce rules and regulations for the management, safety, care, and cleanliness of the Common Areas, the parking and unloading of
vehicles, and the preservation of good order, as well as for the convenience of other occupants or
tenants of the Building and the Property and their invitees. Lessee agrees to abide by and
conform to such rules and regulations, and will use its best efforts to cause its employees,
suppliers, shippers, customers, contractors, and invitees to so abide and conform. Lessor will not be responsible to Lessee for any noncompliance with any rules and regulations by other tenants
of the Property. Lessor has the right, in Lessor’s sole discretion, from time to time: (a) to make
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changes to the Common Areas, including, without limitation, changes in the location, size,
shape, and number of driveways, entrances, parking spaces, parking areas, loading and unloading
areas, landscaped areas, walkways, and utility raceways, and changes to the ingress, egress, and
direction of traffic; (b) to close any of the Common Areas temporarily for maintenance purposes as long as reasonable access to the Premises remains available; (c) to designate land outside the
current boundaries of the Property to be a part of the Common Areas; (d) to add additional
buildings and improvements to the Common Areas; (e) to utilize the Common Areas as Lessor
deems appropriate while engaged in making additional improvements, repairs, or alterations to
the Property, or any portion thereof; and (f) to perform any other acts and make any other changes in, to, or with respect to the Common Areas and Property as Lessor may, in the exercise
of reasonable business judgment, deem to be necessary or appropriate.
4.7.2 Common-Area Maintenance and Operating Charges
Throughout the Lease Term, Lessee will pay to Lessor, as Additional Rent, Lessee’s
proportionate share of all Common-Area Maintenance and Operating Expenses, as hereinafter defined, incurred by Lessor for maintenance of the Common Area. As used herein, Lessee’s
proportionate share of such charges will be calculated by dividing the approximate square
footage of the Premises by the approximate square footage of the Building. “Common-Area
Maintenance and Operation Expenses” or “CAM Charges” are defined as all costs incurred by
Lessor relating to the ownership, operation, repair, and maintenance of the Property, including, but not limited to, the following:
(a)All Common-Area improvements, including parking areas, loading and unloading
areas, trash disposal areas, roadways, parking areas, security booths, sidewalks and walkways,
driveways, landscaped areas, bumpers, irrigation systems, lighting, fences and gates, elevators,
Building exteriors, roofs, and roof drainage systems. (b)Exterior signs and any tenant directories.
(c)The cost of water, gas, electricity, telephone, and internet to service the Common
Areas.
(d) Trash disposal, recycling, pest control services, property management, security
services, the cost to repaint or repair the exterior of any structures, and the cost of any environmental inspections not attributable to a specific tenant.
(e)Reserves set aside for maintenance, repair, or replacement of Common-Area
improvements and equipment, including the Building.
(f)Taxes (as defined in section 4.5 and excluding any Taxes directly assessed to any
Tenant). (g) The cost of any insurance maintained by Lessor pursuant to Article 8.
(h) Any deductible portion of any insured loss concerning the Building or the
Common Areas.
(i) Management, accounting, attorney fees, and all other costs related to the
operation, maintenance, repair, and replacement of the Property. (j) Any other services provided by Lessor that are stated elsewhere in this Lease to
be CAM Charges.
Nothing contained herein imposes any obligation on Lessor to provide any of the
improvements or services listed above that are not already provided to the Property.
4.7.3 CAM Exclusions CAM Charges and Taxes that are specifically attributable to any tenant, to any other
tenant building in the Property, or to the operation, repair, and maintenance thereof, will be
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allocated entirely to that tenant or other building. However, any CAM Charges and Taxes that
are not specifically attributable to any tenant, to any other tenant building within the Property, or
to the operation, repair, and maintenance thereof, will be equitably allocated by Lessor to all
tenants within the Property, including Lessee. CAM Charges will not include any expenses paid by any tenant directly to third parties or expenses for which Lessor is otherwise reimbursed by
any third party, other tenant, or insurance proceeds.
4.7.4 Common-Area Payments
Lessee’s Share of CAM Charges is payable monthly along with the Basic Rent. The
amount of the payments will be based on Lessor’s estimate of the annual CAM Charges. Within 60 days after written request (but not more than once each year), Lessor will deliver to Lessee a
reasonably detailed statement showing Lessee’s proportionate share of the actual CAM Charges
incurred during the preceding year. If Lessee’s payments during that year exceed Lessee’s
proportionate share, Lessor will credit the amount of the overpayment against Lessee’s future
payments. If Lessee’s payments during that year were less than Lessee’s proportionate share, Lessee will pay to Lessor the amount of the deficiency within 30 days after delivery by Lessor to
Lessee of the statement.
4.8 Late Charge
If Lessee fails to pay any Rent required to be paid under this Lease within 10 days after it
is due, there shall be a late charge of 5 percent of the overdue payment. In addition to the late charge, all amounts of Rent past due will bear interest at a “Delinquency Rate” of 12 percent per
annum from the due date until paid in full.
4.9 Time and Place of Payments
Lessee will pay Lessor Basic Rent monthly, in advance, and on the first day of the month
without abatement, deduction, or offset. Additional Rent will be paid on or before the due date. Payment of all Rent will be made to Lessor to the address set forth in section 17.9 or such other
place as Lessor may designate in accordance with the requirements of section 17.9.
4.10 Acceptance of Rent
Lessor’s acceptance of a partial payment of Rent will not constitute a waiver of any
Event of Default (defined in section 12.1), nor will it prevent Lessor from exercising any of its other rights and remedies granted to Lessor under this Lease, by law, or in equity. Any
endorsements or statements on checks of waiver, compromise, payment in full, or any other
similar restrictive endorsement will have no legal effect. Lessee will remain in violation of this
Lease and will remain obligated to pay all Rent due, even if Lessor has accepted a partial
payment of Rent. Acceptance of a late but full payment of Rent (including Rent plus all interest due thereon at the Delinquency Rate) will constitute a waiver and satisfaction of that late
payment, violation, or Default only and will not constitute a waiver of any other late payment,
violation, or Default.
Article 5
LESSEE OBLIGATIONS 5.1 Repairs and Maintenance Lessee is responsible for all maintenance, repair, replacement, and refurbishment of the
Premises, including all improvements thereon, including but not limited to: interior walls,
flooring, ceilings, doors & windows and related hardware, light fixtures, switches, wiring and
plumbing from point of entry to premises, built in cabinetry, whether owned by Lessor or Lessee, except those items set forth in section 2.6, which are Lessor’s responsibility unless
damaged due to Lessee’s negligence, failure to perform its repair and maintenance
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responsibilities, improper performance of repair and maintenance responsibilities, or misuse of
the Premises (including overloading the floors or improperly stressing the roof supports), and in
that case Lessee will be assessed for the damage caused by Lessee. Lessor will also maintain the
Common Areas, as more particularly described in sections 4.7.1 and 4.7.2 above. Lessor has no other maintenance obligations to Lessee. If work performed by Lessor is required due to the
negligence, neglect, or misconduct of Lessee, Lessee will promptly reimburse Lessor the cost of
the work, plus interest thereon at the Delinquency Rate from the date the expense was incurred
by Lessor until reimbursed by Lessee. Other than routine and customary repairs and
maintenance, Lessee acknowledges that Lessee does not have the right to make any alterations to the Premises without the prior written consent of Lessor. Lessee will keep the Premises in good
repair and clean condition, free and clear of accumulation of rubbish, debris, scrap materials, and
litter. Lessee will ensure that no Hazardous Substance release occurs on the Premises at any
time, as more particularly described in section 11.1.7. Lessee will commit no waste on the
Premises or in the Common Areas. 5.2 Construction of Improvements Lessee will undertake no construction, alteration, or changes on or to the Premises,
without the prior written consent of Lessor. In some cases, construction bonding may be required
by Lessor, in Lessor’s reasonable judgment. Lessee will notify Lessor of any construction or
repair work that might disturb any existing asbestos or lead paint if present, and Lessor will cooperate with Lessee to provide requested information concerning the same. Any construction
or work on the Premises that could cause disruption to lead paint or asbestos must be done only
after receipt of the prior written consent of Lessor, and any disruption must be conducted strictly
in accordance with all applicable environmental, health, safety, and disposal laws and
regulations. Lessor will have no construction obligations except to maintain those systems described in section 2.6.
5.3 Notice of Nonresponsibility At least three days before commencing any approved work on the Premises that may give
rise to a right to place a statutory lien on the Premises, Lessee will give written notice to Lessor
of the date on which any such work is to commence so that Lessor may post, at appropriate places, statutory notices of nonresponsibility.
5.4 No Liens Lessee agrees to pay, when due, all sums for labor, services, materials, supplies, utilities,
furnishings, machinery, or equipment that have been provided or ordered with Lessee’s consent
to the Premises. If any lien is filed against the Premises that Lessee wishes to protest, then Lessee will immediately notify Lessor of the basis for its protest and must deposit cash with
Lessor, or procure a bond acceptable to Lessor, in an amount sufficient to cover the cost of
removing the lien from the Premises. Failure to remove the lien or furnish the cash or a bond
acceptable to Lessor within 15 days will constitute an Event of Default (defined in section 12.1)
under this Lease, Lessor will be entitled to satisfy the lien without further notice to Lessee, and Lessee will immediately reimburse Lessor for any sums paid to remove any such lien.
5.5 Lessor Access to Premises Lessor and its respective agents have the right to enter the Premises for the purposes of:
(a) confirming the performance by Lessee of all obligations under this Lease, (b) doing any other
act that Lessor may be obligated or have the right to perform under this Lease, and (c) for anyother lawful purpose. Such entry will be made on reasonable advance notice and during normal
business hours, when practical, except in cases of emergency or a suspected violation of this
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Lease or the law. Lessee waives any claim against Lessor for damages for any injury or
interference with Lessee’s business, any loss of occupancy or quiet enjoyment of the Premises,
or any other loss occasioned by the entry except to the extent caused by the gross negligence or
willful misconduct of Lessor. Lessor will use reasonable efforts to disturb Lessee’s operations as little as reasonably possible during any of Lessor’s repair and maintenance work. Lessee will
provide Lessor with keys to all gates and doors in, on, or about the Premises, and Lessor will
have the right to use any and all means that Lessor may deem reasonable to open the gates and
doors in an emergency to obtain entry to the Premises.
5.6 Safety Requirements Lessee will conduct its operations, activities, and duties under this Lease in a safe manner
and in compliance with all safety standards imposed by applicable federal, state, and local laws
and regulations. Lessee will require the observance of the foregoing by all subcontractors and all
other persons transacting business with or for the Lessee in any way connected with the conduct
of Lessee under this Lease. Lessee will exercise due and reasonable care and caution to prevent and control fire on the Premises and to that end will provide and maintain fire suppression
equipment approved by FM Global or an equivalent insurance company and other fire protection
equipment as may be required under applicable governmental laws, ordinances, statutes, and
codes for the purpose of protecting the improvements adequately and restricting the spread of
any fire from the Premises to any property adjacent to the Premises, all at Lessee’s sole cost and expense. Lessee will be solely responsible for provision and maintenance of fire extinguishers,
but not for sprinkler systems. Lessee will, however, promptly notify Lessor if Lessee observes
any problems relating to the sprinkler system and will do nothing to damage or disable the
sprinkler system or any smoke detectors located within the Premises or Property.
5.7 Signs Lessee will not erect, install, nor permit on the Premises any sign or other advertising
device without first having obtained Lessor’s written consent. Lessee will remove all signs and
sign hardware upon termination of this Lease and restore the sign location to its former state,
unless Lessor, in its sole option, elects to retain all or any portion of the signage.
5.8 Continuous Operations During the Lease Term, Lessee will continuously maintain its operations on the Premises
and will advise Lessor, in writing, if Lessee intends to cease operations for any period long than
15 consecutive days. During any period when Lessee is not operating on the Premises, Lessee
will nonetheless be required to abide by and comply with all provisions of this Lease. Lessee will
not abandon the Premises. Article 6 SECURITY AND SANITATION .
6.1 Security
Lessee acknowledges that numerous other parties and tenants occupy or have access to the Property and that Lessee is solely responsible for any and all its property located on the
Premises or within the Property. Lessee waives any claim against Lessor for any loss or damage
to Lessee’s property. Lessor will not be responsible for the actions of any other tenants or other
third parties who may come onto the Property or the Premises.
6.2 Handling of Trash Lessee will be responsible for the adequate sanitary handling of all trash and other debris
for the Premises and will provide for its timely removal to the holding area designated by Lessor.
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Lessee will gather, sort, and transport all garbage, refuse, and recyclable materials as needed
from the Premises. Lessee will provide and use suitable fireproof receptacles for all trash and
other refuse temporarily stored on the Premises. Lessee will not permit boxes, cartons, barrels,
pallets, scrap piles, or other similar items to be piled or stored in the Common Areas or within view of the Common Areas unless otherwise approved, in writing, by Lessor. Lessee will
cooperate with Lessor in the implementation of any recycling program that Lessor may have in
place from time to time. Lessee will not allow trash or debris of any nature to accumulate on the
Premises and will store all trash and debris in a manner that will prevent it from being a health or
safety hazard or creating an unsightly condition in and around the Premises. Article 7 INSURANCE REQUIREMENTS 7.1 Insurance Amounts
Insurance requirements set forth below do not in any way limit the amount or scope of
liability of Lessee under this Lease. The amounts listed indicate only the minimum amounts of insurance coverage that Lessor is willing to accept to help ensure full performance of all terms
and conditions of this Lease. All insurance required of Lessee by this Lease must meet all the
minimum requirements set forth in this Article 7.
7.2 Certificates; Notice of Cancellation
On or before the Commencement Date, Lessee will provide Lessor with certificates of insurance establishing the existence of all insurance policies required under this Lease.
Thereafter, Lessor must receive notice of the expiration or renewal of any policy at least 30 days
before the expiration or cancellation of any insurance policy. No insurance policy may be
canceled, revised, terminated, or allowed to lapse without at least 30 days prior written notice to
Lessor. Insurance must be maintained without any lapse in coverage continuously for the duration of this Lease. Cancellation of insurance without Lessor’s consent will be deemed an
immediate Event of Default (defined in section 12.1) under this Lease. Lessee will give Lessor
certified copies of Lessee’s policies of insurance promptly upon request.
7.3 Additional Insured
Lessor will be named as an additional insured in each required liability policy and, for purposes of damage to the Premises, as a loss payee. The insurance will not be invalidated by
any act, neglect, or breach of contract by Lessee. On or before the Commencement Date, Lessee
must provide Lessor with a policy endorsement naming Lessor as an additional insured as
required by this Lease.
7.4 Primary Coverage and Deductible The required policies will provide that the coverage is primary, and will not seek any
contribution from any insurance or self-insurance carried by Lessor. Unless otherwise approved
in writing and in Lessor’s sole discretion, the deductible on any insurance policy cannot exceed
$5,000.00.
7.5 Company Ratings All policies of insurance must be written by companies having an A.M. Best rating of
“A” or better, or the equivalent. Lessor may, upon 30 days written notice to Lessee, require
Lessee to change any carrier whose rating drops below an “A” rating.
7.6 Required Insurance
At all times during this Lease, Lessee will provide and maintain the following types of coverage:
7.6.1. General Liability Insurance
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Lessee will maintain a commercial general liability policy (including coverage for broad
form contractual liability, sudden and accidental spill coverage on land and on water, and any
personal injury liability) for the protection of Lessee, and insuring Lessee and Lessor against
liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Premises or
occasioned by reason of the operations or actions of Lessee. All such coverage must name Lessor
as an additional insured. All such coverage must be in an amount not less than $1,000,000.00 per
occurrence and $2,000,000.00 annual aggregate for bodily injury and property damage for all
coverage specified herein. 7.6.2 Workers’ Compensation Insurance Lessee will maintain, in full force and effect, Workers’ Compensation insurance for all
Lessee’s employees, including coverage for employer’s liability, as required by Oregon law.
7.7. Waiver of Subrogation
Lessee and Lessor each waive any right of action that they and/or their respective insurance carriers might have against Lessor for any loss, cost, damage, or expense (collectively
“Loss”) to the extent that the Loss is covered by any property insurance policy or policies
required to be maintained under this Lease and to the extent that the proceeds (which proceeds
are free and clear of any interest of third parties) are received by the party claiming the Loss.
Lessee and Lessor also waive any right of action they and/or their insurance carriers might have against Lessor or Lessee (including their respective employees, officers, or agents) for any Loss
to the extent the Loss is a property loss covered under any applicable automobile liability policy
or policies required by this Lease. If any of Lessee’s or Lessor’s property or automobile
insurance policies do not allow the insured to waive the insurer’s rights of subrogation before a
Loss, each will cause the policies to be endorsed with a waiver of subrogation that allows the waivers of subrogation required by this section 7.7. Nothing contained herein will be construed
to relieve Lessee from any Loss suffered by Lessor that is not fully covered by Lessor’s
insurance described in Article 8. Lessee will be liable for any uninsured Loss (including any
deductible) if the Loss was caused by any act or omission of Lessee or any of Lessee’s
employees, agents, contractors, or invitees. Article 8 LESSOR INSURANCE Lessor will maintain liability insurance for the Property, as generally described in section
7.6.1, in addition to, and not in lieu of, the insurance required to be maintained by Lessee. Lessee
will not, however, be named as an additional insured on the policy. Lessor will obtain and keep in force a policy or policies of insurance in the name of Lessor, with loss payable to Lessor and
to any lender insuring loss or damage to the Building shell and Lessor-owned improvements
located within the Building and Common Areas. The amount of the insurance must be equal to
the full insurable replacement cost of Lessor-owned Common-Area improvements and the
Building shell, foundation, roof, systems, loading docks, and doors, excluding Lessee’s improvements (including Lessee-added utilities), as the same will exist from time to time, or the
amount required by any lender, but in no event more than the commercially reasonable and
available insurable value thereof. Lessee-owned or installed improvements, alterations, utility
installations, trade fixtures, and personal property will all be insured by Lessee for their full
insurable value. Lessor may elect to self-insure or partially self-insure. Lessor may also elect not to insure certain elements of the Common Areas if insurance coverage is not available at a
commercially reasonable cost to the Building shell, foundation, or Building system.
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Article 9 DAMAGE OR DESTRUCTION
In the event of partial or full damage or destruction to the Premises or the Property, the
following will apply: 9.1 Definitions 9.1.1 Partial Damage “Partial Damage” means damage or destruction that can reasonably be repaired in 6
months or less from the date of the damage or destruction. Lessor will notify Lessee in writing
within 30 days from the date of the damage or destruction about whether the damage is partial or total. Partial Damage does not include damage to windows, doors, or other similar
improvements, or systems that Lessee has the responsibility to repair or replace under the
provisions of this Lease.
9.1.2 Total Destruction
“Total Destruction” means damage or destruction to the Building shell, foundation, roof, or building systems that cannot reasonably be repaired in 6 months or less from the date of the
damage or destruction. Lessor will notify Lessee in writing within 30 days from the date of the
damage or destruction about whether the damage is partial or total.
9.1.3 Insured Loss
“Insured Loss” means damage or destruction to improvements on the Premises that was caused by an event required to be covered by Lessor’s insurance described in Article 8,
irrespective of any deductible amounts or coverage limits involved.
9.1.4 Replacement Cost
“Replacement Cost” means the cost to repair or rebuild the improvements owned by
Lessor at the time of the occurrence to their condition existing immediately prior thereto (or to a higher standard if required by current applicable law), including demolition and debris removal
and without deduction for depreciation.
9.1.5 Hazardous Substance Condition
“Hazardous Substance Condition” means the occurrence or discovery of a condition
involving the presence of, or a contamination by, a Hazardous Substance as defined in section 11.1.6, in, on, or under the Premises or Building, that requires repair, remediation, or restoration.
9.2 Partial Damage—Insured Loss
If a Partial Damage that is an Insured Loss occurs, then Lessor will, at Lessor’s expense,
repair the damage (but not to Lessee’s trade fixtures or Lessee’s other improvements) as soon as
reasonably possible, and this Lease will continue in full force and effect. Notwithstanding the foregoing, if the required insurance was not in force, Lessor will promptly contribute the
shortage in proceeds as and when required to complete the repair. If, however, there is a shortage
of proceeds due to the fact that, by reason of the unique nature of the Building, full-replacement
cost insurance coverage was not commercially reasonable and available, Lessor will have no
obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same within 10 days
following receipt of written notice of the shortage and request therefor. If Lessor receives the
funds within the 10-day period, Lessor will complete the repairs as soon as reasonably possible,
and this Lease will remain in full force and effect. If the funds are not received, Lessor may
nevertheless elect by written notice to Lessee within 10 days thereafter to: (a) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in
proceeds, in which case this Lease will remain in full force and effect; or (b) have this Lease
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terminate 30 days thereafter. Lessee will not be entitled to reimbursement of any funds
contributed by Lessee to repair any such damage or destruction. Lessee will be responsible to
make any repairs to any of its own improvements to the Premises, including all of its trade
fixtures. 9.3 Partial Damage—Uninsured Loss
If a Partial Damage that is not an Insured Loss occurs to the Building, unless caused by a
negligent or willful act of Lessee (in which event Lessee will make all the repairs at Lessee’s
expense), Lessor may either: (a) repair the damage as soon as reasonably possible at Lessor’s
expense, in which event this Lease will continue in full force and effect; or (b) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of
the occurrence of the damage. The termination will be effective 60 days following the date of the
notice. If Lessor elects to terminate this Lease, Lessee will have the right within 10 days after
receipt of the termination notice to give written notice to Lessor of Lessee’s commitment to pay
for the repair of the damage without reimbursement from Lessor. Lessee will provide Lessor with the funds within 30 days after making such commitment. In that event, this Lease will
continue in full force and effect, and Lessor will proceed to make the repair as soon as
reasonably possible after the required funds are available. If Lessee does not provide funds, this
Lease will terminate as of the date specified in the termination notice. To the extent that damages
to the Common Areas constitute an Uninsured Loss, Lessor may elect to repair those damages and recover the uninsured portion thereof through CAM Charges. If the uninsured damage was
caused by the negligence or misconduct of Lessee, Lessor will have the right to recover Lessor’s
full damages from Lessee.
9.4 Total Destruction
If Total Destruction occurs, this Lease will terminate 30 days following the destruction. If the damage or destruction was caused by the negligence or misconduct of Lessee, Lessor will
have the right to recover all of Lessor’s damages from Lessee, except as provided in the waiver
of subrogation as set forth in section 7.7, less any deductible, and including all Basic Rent that
would otherwise have been due through the end of the Lease Term, mitigated only to the extent
required by state law. 9.5 Damage near End of Lease If at any time during the last six months of this Lease there is damage for which the cost
to repair exceeds one month’s Basic Rent, whether or not an Insured Loss, Lessor may terminate
this Lease effective 60 days following the date of occurrence of the damage by giving a written
termination notice to Lessee within 30 days after the date of occurrence of the damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this
Lease or to purchase the Premises, then Lessee may preserve this Lease by (a) exercising the
option, and (b) providing Lessor with any shortage in insurance proceeds needed to make the
repairs on or before the earlier of (i) the date that is 10 days after Lessee’s receipt of Lessor’s
written notice purporting to terminate this Lease, or (ii) the day before the date on which the option expires. If Lessee duly exercises the option during such period and provides Lessor with
funds to cover any shortage in insurance proceeds, Lessor will, at Lessor’s commercially
reasonable expense, repair the damage as soon as reasonably possible, and this Lease will
continue in full force and effect. If Lessee fails to exercise the option and provide the funds
during such period, then this Lease will terminate on the date specified in the termination notice and Lessee’s option will be extinguished.
9.6 Abatement of Rent; Lessee’s Remedies
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9.6.1 Abatement In the event of Partial Damage, Total Destruction, or a Hazardous Substance Condition
for which Lessee is not responsible under this Lease, the Basic Rent payable by Lessee for the
period required for the repair, remediation, or restoration of the damage will be abated in proportion to the degree to which Lessee’s use of the Premises is impaired. All other obligations
of Lessee hereunder will be performed by Lessee, and Lessor will have no liability for any such
damage, destruction, remediation, repair, or restoration, except as provided in section 9.6.
9.6.2 Remedies
If Lessor is obligated to repair or restore the Premises and does not commence, in a substantial and meaningful way, the repair or restoration within 90 days after the obligation
accrues, Lessee may, at any time before the commencement of the repair or restoration, give
written notice to Lessor of Lessee’s election to terminate this Lease on a date not less than 60
days following the giving of the notice. If Lessee gives the notice and the repair or restoration is
not commenced within 30 days thereafter, this Lease will terminate as of the date specified in the notice. If the repair or restoration is commenced within 30 days, this Lease will continue in full
force and effect. “Commence” means either the unconditional authorization of the preparation of
the required plans, or the beginning of the actual work on the Premises, whichever first occurs.
9.7 Waiver of Certain Alternative Rights
To the extent allowed by law, Lessor and Lessee agree that the terms of this Lease will govern the effect of any damage to or destruction of the Premises and Property with respect to
the termination of this Lease and hereby waive the provisions of any present or future statute to
the extent inconsistent herewith.
Article 10
TERMINATION OF LEASE Upon termination of this Lease, Lessee will deliver all keys to Lessor and surrender the
Premises broom clean, in good condition, ordinary wear and tear excepted. Alterations
constructed by Lessee with permission from Lessor are not to be removed or restored to the
original condition unless required by Lessor, as provided in section 10.1. All repairs for which
Lessee is responsible will be completed before the surrender. 10.1 Title to Lessee Improvements upon Termination All improvements, excluding Personal Property (defined in section 10.2) and Lessee
trade fixtures, located on the Premises at the expiration or earlier termination of this Lease, will,
at Lessor’s option, become the sole property of Lessor. Notwithstanding the foregoing, Lessor
reserves the right, in its sole discretion, to require Lessee to remove some or all the improvements placed on the Premises by Lessee from the Premises upon termination of this
Lease. Lessor will give Lessee at least 30 days’ advance written notice of the need to remove any
improvements. Thereafter, Lessee will have the longer of 30 days after such notice is given or
the last day of the Lease Term to remove the improvements that Lessor has designated for
removal. Rent will continue to accrue at the holdover rate until all improvements that Lessor has designated for removal are removed.
10.2 Lessee’s Personal Property Removable decorations, detached floor coverings, signs, blinds, furnishings, trade
fixtures, and other personal property, and any fuel tanks placed on the Premises by Lessee
(“Personal Property”) will remain the property of Lessee. At or before the termination of this Lease, Lessee, at Lessee’s expense, will remove from the Premises any and all of Lessee’s
Personal Property and will repair any damage to the Premises resulting from the installation or
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removal of the Personal Property. Any items of Lessee’s Personal Property that remain on the
Premises after the termination date of this Lease may either be: (a) retained by Lessor without
any requirement to account to Lessee therefor; or (b) removed and disposed of by Lessor,
without any requirement to account to Lessee therefor, with Lessor being entitled to recover all costs thereof from Lessee.
10.3 Time for Removal The time for removal of any Personal Property or improvements made by Lessee that
Lessee is required to remove from the Premises on termination will be as follows: (a) by the
Expiration Date; or (b) if this Lease is terminated unexpectedly before the Expiration Date, then all removal must occur within 10 days following the actual termination date, and Lessee must
continue to pay all Rent due until such time as all of Lessee’s Personal Property and the
improvements required to be removed have been properly and completely removed.
10.4 Holdover
Lessee has no holdover rights. If Lessee fails to vacate the Premises at the time required, Lessor will have the option to treat Lessee as a holdover Lessee from month to month, subject to
all the provisions of this Lease except that the Basic Rent will be 150 percent of the then-current
Basic Rent, or to eject Lessee from the Premises and recover damages caused by wrongful
holdover. If a month-to-month holdover tenancy results, it will be terminated at the end of any
monthly rental period on 30 days’ written notice from Lessor, and Lessee waives any notice that would otherwise be provided by law with respect to such tenancy.
Article 11 ENVIRONMENTAL OBLIGATIONS OF LESSEE
11.1 Definitions
As used in this Lease, the following terms are defined as follows: 11.1.1 Aboveground Storage Facility “Aboveground Storage Facility” or “AST Facility” includes aboveground storage tanks,
aboveground piping, dispensers, related underground and aboveground structures and equipment,
including without limitation associated spill containment features and oil-water separators, and
the surrounding area used in connection with the operation for fueling and other management of Hazardous Substances.
11.1.2 Best Management Practices “Best Management Practices” means those environmental or operational standards: (a)
implemented by a business or industry group pertinent to Lessee’s operations as a matter of
common and accepted practice, (b) articulated by a trade association or professional association pertinent to Lessee’s operations, (c) developed by Lessee for use in its operations, (d) developed
by pertinent state or local regulatory agencies for a business or industry group pertinent to
Lessee’s operations, or (e) developed from time to time by Lessor in cooperation with Lessee.
11.1.3 Environmental Audit
“Environmental Audit” means an environmental site assessment and compliance audit satisfying, at a minimum, the “all appropriate inquiry” requirements of the Comprehensive
Environmental Response, Compensation, and Liability Act, as amended, 42 USC § 9601(35)(B);
the Oil Pollution Act, as amended, 33 USC § 2703(d)(4); 40 CFR Part 312; ORS 465.255(6);
ASTM E1527-13 (Standard Practice for Environmental Site Assessments: Phase 1
Environmental Site Assessment Process); and any other compliance assessment or auditing standards, including ASTM E2107-06 (Standard Practice for Environmental Regulatory
Compliance Audits), relevant and appropriate to Lessee’s use of the Premises, or the successors
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to any of these criteria or standards. If as a result of such an Environmental Audit, additional
evaluation, testing, or analysis, or supplemental audit work is recommended, then the
Environmental Audit includes the additional evaluation, testing, or analysis, or supplemental
audit work scoped and performed in accordance with commercially reasonable practices. 11.1.4 Environmental Costs “Environmental Costs” will be interpreted in the broadest sense to include, but are not
necessarily limited to: (a) costs or expenses relating to any actual or claimed violation of or
noncompliance with any Environmental Law; (b) all claims of third parties, including
governmental agencies, for damages, response costs, or other relief; (c) the cost, expense, or loss to Lessor as a result of any injunctive relief, including preliminary or temporary injunctive relief,
applicable to Lessor or the Premises; (d) all expenses of evaluation, testing, analysis, cleanup,
remediation, removal, and disposal relating to Hazardous Substances, including fees of attorneys,
engineers, consultants, paralegals, and experts; (e) all expenses of reporting the existence of
Hazardous Substances or the violation of Environmental Laws to any agency of the State of Oregon or the United States as required by applicable Environmental Laws; (f) any and all
expenses or obligations, including without limitation attorney and paralegal fees, incurred at,
before, and after any trial or appeal therefrom or any administrative proceeding or appeal
therefrom, whether or not taxable as costs, including without limitation attorney and paralegal
fees, witness fees (expert and otherwise), deposition costs, copying, telephone and telefax charges, and other expenses; and (g) any damages, costs, fines, liabilities, and expenses that are
claimed to be owed by any federal, state, or local regulating or administrative agency.
11.1.5 Environmental Laws
“Environmental Laws” will be interpreted in the broadest sense to include any and all
federal, state, and local statutes, regulations, rules, and ordinances (including those of the Oregon Department of Environmental Quality (DEQ) or any successor agency) now or hereafter in
effect, as they may be amended from time to time, that in any way govern materials, substances,
or products and/or relate to the protection of health, safety, or the environment.
11.1.6 Hazardous Substances
“Hazardous Substances” will be interpreted in the broadest sense to include any substance, material, or product defined or designated as hazardous, toxic, radioactive, or
dangerous, regulated wastes or substances, or any other similar term in or under any
Environmental Laws.
11.1.7 Hazardous Substance Release
“Hazardous Substance Release” includes the spilling, discharge, deposit, injection, dumping, emitting, releasing, placing, leaking, migrating, leaching, and seeping of any
Hazardous Substance into the air or into or on any land, sediment, or waters, except any release
in compliance with Environmental Laws and specifically authorized by a current and valid
permit issued under Environmental Laws with which Lessee is in compliance at the time of the
release, but not including within the exception any such release in respect of which the State of Oregon has determined that application of the State’s Hazardous Substance removal and
remedial action rules might be necessary to protect public health, safety, or welfare, or the
environment.
11.1.8 Natural Resources Damage
“Natural Resources Damage” is the injury to, destruction of, or loss of natural resources resulting from a Hazardous Substance Release. The measure of damage is the cost of restoring
injured natural resources to their pre–Hazardous Substance Release baseline condition,
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compensation for the interim loss of injured natural resources pending recovery, and the
reasonable cost of a damage assessment. Natural resources include land, fish, wildlife, biota, air,
water, groundwater, drinking water supplies, and other such resources belonging to, managed by,
held in trust by, appertaining to, or otherwise controlled by the United States, any state, an Indian tribe, or a local government.
11.2 Limited Business Use of Hazardous Substances Lessee is permitted to use, handle, and store Hazardous Substances as necessary to
conduct its Permitted Uses and in quantities needed to conduct its Permitted Uses, in compliance
with applicable Environmental Laws, Best Management Practices, and the provisions of this Lease.
11.3 Hazardous Substance Storage Tanks Lessee may not operate mobile storage tanks (including fueling trucks), Aboveground
Storage Tanks (“AST”), or any AST Facility for the storage of Hazardous Substances except
with the prior written consent of Lessor, which consent may be granted or denied in Lessor’s sole discretion. For the purposes of this section 11.3, “Aboveground Storage Tank” or “AST”
means any tank with a capacity of greater than 55 gallons. No underground storage tanks are
allowed to be installed by Lessee on the Premises.
11.4 Soil or Waste
Lessee will not store, treat, deposit, place, or dispose of treated or contaminated soil, industry by-products, or any other form of waste on the Property or Premises, without the prior
written consent of Lessor, which consent may be granted or denied in Lessor’s sole discretion.
11.5 Environmental Inspection
Lessor reserves the right to inspect for Hazardous Substances and/or Lessee’s
management of Hazardous Substances on the Premises at any time, and from time to time, without notice to Lessee. If Lessor at any time during the Lease term or any extension thereof
has reason to believe that Lessee is handling Hazardous Substances contrary to the requirements
of this Lease, in violation of this Lease, or in any manner that may allow contamination of the
Property or Premises, Lessor may, without limiting its other rights and remedies, cause to be
conducted an Environmental Audit with respect to the matters of concern to Lessor. Lessee will cooperate with all such audits. If Lessor’s suspicions are confirmed by the audit, Lessee will
reimburse Lessor for the full cost of the audit.
11.6 Safety
Under the terms of this Lease, Lessee must comply with all applicable state, federal, and
local laws and ordinances. As a part of this requirement, Lessee will maintain material safety data sheets for each and every Hazardous Substance used by Lessee, or Lessee’s agents,
employees, contractors, licensees, or invitees on the Property or Premises, as required under the
Hazard Communication Standard in 29 CFR section 1910.1200, as it may be amended,
redesignated, or retitled from time to time, and comparable state and local statutes and
regulations. To ensure that such information is available to Lessor in the event of a spill or other emergency, all the information will be kept current at all times, and a copy of all such materials
will be kept in a place known to and easily accessible to Lessor.
11.7 Disposal of Hazardous Substances
Lessee will not dispose of any Hazardous Substance, regardless of the quantity or
concentration, within the storm or sanitary sewer drains or plumbing facilities within the Premises or the Property. The disposal of Hazardous Substances will be in approved containers,
and Hazardous Substances will be removed from the Property or Premises only in accordance
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with the law. If Lessee knows, or has reasonable cause to believe, that any Hazardous Substance
Release has come to be located on or beneath the Property or Premises, Lessee must immediately
give written notice of that condition to Lessor, whether or not the Hazardous Substance Release
was caused by Lessee. 11.8 Lessee’s Liability 11.8.1 Hazardous Substance Releases Except as provided in section 11.8.3, Lessee will be responsible for any Hazardous
Substance Release on the Property or Premises, on other properties, in the air, or in adjacent or
nearby waterways (including groundwater) that results from or occurs in connection with Lessee’s occupancy or use of the Property or Premises.
11.8.2 Lessee’s Liability for Environmental Costs Except as provided in section 11.8.3, Lessee will be responsible for all Environmental
Costs arising under this Lease.
11.8.3 Limitation of Lessee’s Liability Notwithstanding anything to the contrary provided in this Lease, particularly in fz 11.9.2,
Lessee will have no responsibility for any Hazardous Substances or Hazardous Substance
Releases that: (a) existed on the Property or Premises before the Effective Date, except as
assumed by Lessee under the Remediation Agreement; (b) were caused by Lessor or the agents,
employees, or contractors of Lessor; or (c) Lessee can demonstrate migrated into the Premises from a source off-Premises that was not caused by Lessee.
11.9 Environmental Remediation 11.9.1 Immediate Response
In the event of a violation of applicable Environmental Laws, a violation of an
environmental provision of this Lease, a Hazardous Substance Release, or the threat of or reasonable suspicion of the same for which Lessee is responsible under this Lease, Lessee will
immediately undertake and diligently pursue all acts necessary or appropriate to correct the
violation or to investigate, contain, and stop the Hazardous Substance Release and remove the
Hazardous Substance.
11.9.2 Remediation Lessee will promptly undertake all actions necessary or appropriate to ensure that any
Hazardous Substance Release is remediated and that any violation of any applicable
Environmental Laws or environmental provision of this Lease is corrected. Lessee will
remediate, at Lessee’s sole expense, any Hazardous Substance Release for which Lessee is
responsible under this Lease and will restore the Premises to its prior condition. Lessee will also remediate any Hazardous Substance Release for which it is responsible under this Lease on any
other impacted property or bodies of water. The obligations of Lessee under this section 11.9.2
are subject to the limitations on Lessee’s liability set forth in section 11.8.3.
11.10 Natural Resources Damages Assessment and Restoration
Lessee will promptly undertake, at Lessee’s sole expense, all actions necessary to ensure that any Natural Resources Damage associated with Lessee’s use or occupancy of the Property or
Premises and the violation of Environmental Laws, the environmental provisions of this Lease,
or any Hazardous Substance Release is investigated, determined, quantified, assessed, and
permanently restored and compensated for, to the extent legally required by any natural resource
trustee with jurisdiction over the matter.
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11.10.1 Report to Lessor Within 30 days following completion of any investigatory, containment, remediation, or
removal action required by this Lease, Lessee will provide Lessor with a written report outlining,
in detail, what has been done and the results thereof. 11.10.2 Lessor’s Approval Rights Except in the case of an emergency or an agency order requiring immediate action,
Lessee will give Lessor advance notice before beginning any investigatory, remediation, or
removal procedures. Lessor will have the right to approve or disapprove the proposed
investigatory, remediation, or removal procedures and the company or companies and individuals conducting the procedures that are required by this Lease or by applicable
Environmental Laws, whether on the Property, Premises, or any affected property or water.
Lessor will have the right to require Lessee to contract for and fund oversight by any
governmental agency with jurisdiction over any investigatory, containment, removal,
remediation, and restoration activities and to require Lessee to seek and obtain a determination of no further action or an equivalent completion-of-work statement from the governmental agency.
11.11 Notice to Lessor Lessee will immediately notify Lessor upon becoming aware of: (a) a violation or alleged
violation of any Environmental Law; (b) any leak, spill, release, or disposal of a Hazardous
Substance on, under, or adjacent to the Property or Premises or threat of or reasonable suspicion of any of the same; and (c) any notice or communication to or from a governmental agency or
any other person directed to Lessee or any other person relating to such Hazardous Substances
on, under, or adjacent to the Property or Premises or any violation or alleged violation of, or
noncompliance or alleged noncompliance with, any Environmental Laws with respect to the
Property or Premises. 11.12 Certification Not later than 30 days after receipt of written request from Lessor, Lessee will provide a
written certification to Lessor, signed by Lessee, that certifies that Lessee has not received any
notice from any governmental agency regarding a violation of or noncompliance with any
Environmental Law; or, if such a notice was received, Lessee will explain the reason for the notice, explain what has been done to remedy the problem, and attach a copy of the notice.
Lessee will also certify that Lessee has obtained and has in force all permits required under
Environmental Law. Lessee will make copies of all such permits available to Lessor upon
request.
11.13 Documentation of Hazardous Substances Lessee will maintain for periodic inspection by Lessor and deliver to Lessor, at Lessor’s
request, true and correct copies of the following documents (hereinafter referred to as the
“Documents”) related to the handling, storage, disposal, and emission of Hazardous Substances,
concurrently with the receipt from or submission to a governmental agency: permits; approvals;
reports and correspondence; storage and management plans; material safety data sheets (MSDS); spill prevention control and countermeasure plans; other spill contingency and emergency
response plans; documents relating to taxes for Hazardous Substances; notice of violations of
any Environmental Laws; plans relating to the installation of any storage tanks to be installed in,
under, or around the Property or Premises (but the installation of tanks will be permitted only
after Lessor has given Lessee its written consent to do so, which consent may be withheld in Lessor’s sole discretion); and all closure plans or any other documents required by any and all
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federal, state, and local governmental agencies and authorities for any storage tanks or other
facilities installed in, on, or under the Property or Premises.
Article 12
LESSEE DEFAULT 12.1 Events of Default The following will constitute an “Event of Default” if not cured within the applicable
cure period as set forth below:
12.1.1 Default in Rent
Failure of Lessee to pay any Rent or other charge within 10 days after written notice from Lessor. However, Lessor will not be required to provide such notice more than 2 times in any
calendar year. Thereafter, failure to pay Rent by the due date will be deemed an automatic Event
of Default for which no additional notice or cure period need be granted.
12.1.2 Default in Other Covenants
Failure of Lessee to comply with any term or condition or fulfill any obligation of the Lease (other than the payment of Rent or other charges) within 10 days after written notice by
Lessor specifying the nature of the default with reasonable particularity. If the default is of such
a nature that it cannot be completely remedied within the 10-day period, Lessee will be in
compliance with this provision if Lessee begins correction of the default within the 10-day
period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. Notwithstanding the foregoing, if Lessee violates the same provision of
this Lease more than 2 times in any given 1-year period, then the violation will constitute an
immediate Event of Default for which no further notice or cure period need be granted by
Lessor.
12.1.3 Insolvency An assignment by Lessee for the benefit of creditors; filing by Lessee of a voluntary
petition in bankruptcy; adjudication that Lessee is bankrupt or the appointment of 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; or 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 30 days.
12.2 Remedies on Default If an Event of Default occurs, Lessor, at Lessor’s sole option, may terminate this Lease
by notice, in writing, in accordance with section 17.9. The notice may be given before or within
any of the above-referenced cure periods or grace periods for default and may be included in a notice of failure of compliance, but the termination will be effective only on the expiration of the
above-referenced cure periods or grace periods. If the Premises is abandoned by Lessee in
connection with a default, termination may be automatic and without notice, at Lessor’s sole
option.
12.2.1 Termination and Damages If this Lease is terminated, Lessor will be entitled to recover promptly, without waiting
until the due date, any past due Rent together with future Rent that would otherwise become due
and owing up to and through the date fixed for expiration of the Lease Term; any damages
suffered by Lessor as a result of the Event of Default, including without limitation all obligations
of Lessee; and the reasonable costs of reentry and reletting the Premises, including without limitation, the cost of any cleanup, refurbishing, removal of Lessee’s Personal Property including
fixtures, or any other expense occasioned by Lessee’s failure to quit the Premises upon
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termination and to leave them in the condition required at the expiration of this Lease, any
remodeling costs, attorney fees, court costs, broker commissions, and advertising costs. Lessor
will have no obligation to mitigate damages, except as required by Oregon law at the time of
termination. 12.2.2 Reentry after Termination If the Lease is terminated or abandoned for any reason, Lessee’s liability for damages
will survive the termination, and the rights and obligations of the Parties will be as follows:
(a) Lessee will vacate the Premises immediately; remove any Personal Property of
Lessee, including any fixtures that Lessee is required to remove at the end of the Lease Term; perform any cleanup, alterations, or other work necessary to leave the Premises in the condition
required at the end of the term; and deliver all keys to Lessor.
(b)Lessor may reenter, take possession of the Premises, and remove any persons or
Personal Property by legal action or by self-help with the use of reasonable force and without
liability for damages. 12.2.3 Reletting Following termination, reentry, or abandonment, Lessor may relet the Premises and in
that connection may:
(a)Make any suitable alterations, refurbish the Premises, or both, or change the
character or use of the Premises, but Lessor will not be required to relet for any use or purpose (other than that specified in the Lease) that Lessor may reasonably consider injurious to the
Premises, or to any tenant that Lessor may reasonably consider objectionable.
(b)Relet all or part of the Premises, alone or in conjunction with other properties, for
a term longer or shorter than the term of this Lease, on any reasonable terms and conditions,
including the granting of some rent-free occupancy or other rent concession. 12.2.4 Right to Sue More Than Once In an Event of Default, Lessor may elect to continue this Lease and to sue periodically to
recover damages, and no action for damages will bar a later action for damages subsequently
accruing.
12.2.5 Equitable Relief Lessor may seek injunctive relief or an order of specific performance from any court of
competent jurisdiction requiring that Lessee perform its obligations under this Lease.
12.3 No Waiver of Default
No failure by Lessor to insist on the strict performance of any agreement, term, covenant,
or condition of this Lease or to exercise any right or remedy consequent upon a breach, and no acceptance of partial Rent during the continuance of any breach, will constitute a waiver of the
breach or of the agreement, term, covenant, or condition. No agreement, term, covenant, or
condition to be performed or complied with by Lessee, and no breach by Lessee, will be waived,
altered, or modified except by a written instrument executed by Lessor. No waiver of any breach
will affect or alter this Lease, but each and every agreement, term, covenant, and condition of this Lease will continue in full force and effect with respect to any other then-existing or
subsequent breach.
12.4 Remedies Cumulative and Nonexclusive
Each right and remedy of Lessor contained in this Lease will be cumulative and will be in
addition to every other right or remedy in this Lease, or existing at law or in equity, including without limitation suits for injunctive relief and specific performance. The exercise or beginning
of the exercise by Lessor of any such rights or remedies will not preclude the simultaneous or
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later exercise by Lessor of any other such rights or remedies. All such rights and remedies are
nonexclusive.
12.5 Curing Lessee’s Default
If Lessee fails to perform any of Lessee’s obligations under this Lease, Lessor, without waiving the failure, may (but will not be obligated to) perform the same for the account of and at
the expense of Lessee (using Lessee’s Security Deposit or Lessor’s own funds, when required),
after the expiration of the applicable cure period set forth in section 12.1.2, or sooner in the case
of an emergency. Lessor will not be liable to Lessee for any claim for damages resulting from
such action by Lessor. Lessee agrees to reimburse Lessor, on demand, for any amounts Lessor spends in curing Lessee’s Default. Any sums to be so reimbursed will bear interest at the
Delinquency Rate.
12.6 Administrative Costs
If Lessor gives Lessee one written notice of a violation of a specific provision of this
Lease, and Lessee violates the same provision again during the subsequent 12-month period, then in addition to all other rights and remedies set forth herein, Lessee agrees to reimburse
Lessor for Lessor’s administrative costs incurred in connection with any such subsequent
violation. Failure by Lessee to pay the costs will be deemed an immediate Event of Default
subject to all remedies set forth in this Article 12.
Article 13 LESSOR DEFAULT 13.1 Breach by Lessor 13.1.1 Notice of Breach
Lessor will not be deemed in breach of this Lease unless Lessor fails within a reasonable
time to perform an obligation required to be performed by Lessor. For purposes of this section 13.1.1, a reasonable time will in no event be less than 30 days after receipt by Lessor, and any
Lender whose name and address have been furnished to Lessee in writing for such purpose, of
written notice specifying what obligation of Lessor has not been performed; however, a Lessor
event of default will not occur if Lessor’s performance is commenced within the 30-day period
and thereafter diligently pursued to completion. 13.1.2 No Self-Help In the event that neither Lessor nor any Lender of Lessor cures any breach within the
applicable cure period, Lessee will be entitled to seek any of the remedies provided in section
13.1.3 but will not be entitled to take self-help action.
13.1.3 Remedies in the Event of a Lessor Default If an uncured event of default is committed by Lessor, Lessee will be entitled to any
remedies available at law or in equity for breach of lease; however, damages will be limited to
actual damages, excluding consequential and punitive damages, and damages will also be limited
to Lessor’s interest in the Property and will be subordinate to the rights of Lessor’s lenders.
Article 14 INDEMNITIES AND REIMBURSEMENT 14.1 General Indemnity Lessee agrees to defend (using legal counsel reasonably acceptable to Lessor, taking into
account insurance defense requirements), indemnify, and hold harmless Lessor from and against
any and all actual or alleged claims, damages, expenses, costs, fees (including but not limited to attorney, accountant, paralegal, expert, and escrow fees), fines, liabilities, losses, penalties,
proceedings, and/or suits (collectively “Costs”) that may be imposed on or claimed against
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Lessor, in whole or in part, directly or indirectly, arising from or in any way connected with (a)
any act, omission, or negligence by Lessee or its partners, officers, directors, members,
managers, agents, employees, invitees, or contractors; (b) any use, occupation, management, or
control of the Premises or Property by Lease, whether or not due to Lessee’s own act or omission; (c) any condition created in or about the Premises or Property by Lessee, including any
accident, injury, or damage occurring on or about the Premises or Property during this Lease as a
result of Lessee’s use thereof; (d) any breach, violation, or nonperformance of any of Lessee’s
obligations under this Lease; or (e) any damage caused on or to the Premises or Property by
Lessee’s use or occupancy thereof. As used throughout Article 14, “Lessee” includes all of Lessee’s partners, officers, directors, members, managers, agents, employees, invitees, and
contractors.
14.2 Environmental Indemnity
Without in any way limiting the generality of the foregoing General Indemnity set forth
in section 14.1, Lessee will be solely responsible for and agrees to defend (using legal counsel reasonably acceptable to Lessor, taking into account insurance defense requirements), indemnify,
and hold harmless Lessor from and against all Environmental Costs claimed against or assessed
against Lessor arising, in whole or in part, directly or indirectly, from acts or omissions of Lessee
on or about the Premises or Property. Notwithstanding the foregoing, Lessee will not be
responsible for, and does not indemnify Lessor for, any actions of Lessor or any other tenant that cause environmental damage or a violation of any Environmental Law on the Premises or
Property.
14.3 Reimbursement for Damages
Lessee will fully compensate Lessor for harm to Lessor’s real or personal property
caused by the acts or omissions of Lessee. This compensation will include reimbursement to Lessor for any diminution in value of or lost revenue from the Premises or other areas of the
Property or adjacent or nearby property caused by a Hazardous Substance Release, including
damages for loss of, or restriction on use of, rentable or usable property or of any amenity of the
Premises or Property, including without limitation damages arising from any adverse impact on
the leasing or sale of the Premises or Property as a result thereof. 14.4 Survival This Article 14 will survive the termination of this Lease with respect to all matters
arising or occurring before surrender of the Premises by Lessee.
14.5 Scope of Indemnity
For purpose of this Article 14, references to “Lessor” are deemed to include its respective officers, directors, employees, agents, invitees, and contractors.
Article 15 ASSIGNMENT AND ESTOPPELS
15.1 Consent Required
This Lease will not be assigned, subleased, or otherwise transferred except with the consent of Lessor.
15.1.1 Lessor hereby consents to the sublease of the Premises to the Central Point Chamber of Commerce.
15.2 Estoppel Certificate
Each Party agrees to execute and deliver to the other, at any time and within 20 days after written request, a statement certifying, among other things: (a) that this Lease is unmodified and
is in full force and effect (or if there have been modifications, stating the modifications); (b) the
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dates to which Rent has been paid; (c) whether the other Party is in default in performance of any
of its obligations under this Lease and, if so, specifying the nature of each such default; and (d)
whether any event has occurred that, with the giving of notice, the passage of time, or both,
would constitute a default and, if so, specifying the nature of each such event. Each Party will also include any other information concerning this Lease as is reasonably requested. The Parties
agree that any statement delivered under this section 15.2 will be deemed a representation and
warranty by the Party providing the estoppel that may be relied on by the other Party and by its
potential or actual purchasers and lenders, regardless of independent investigation. If either Party
fails to provide the statement within 20 days after the written request therefor, and does not request a reasonable extension of time, then that Party will be deemed to have given the
statement as presented and will be deemed to have admitted the accuracy of any information
contained in the request for the statement.
Article 16
CONDEMNATION If the Premises or any interest therein is taken as a result of the exercise of the right of
eminent domain or under threat thereof (a “Taking”), this Lease will terminate with regard to the
portion that is taken. If either Lessee or Lessor determines that the portion of the Property or
Premises taken does not feasibly permit the continuation of the operation of the facility by either
the Lessee or Lessor, this Lease will terminate. The termination will be effective as of the date of the Taking. Any condemnation award relating to the Property or Premises will be the property of
Lessor. Lessee will not be entitled to any proceeds of any such award, except Lessee will be
entitled to any compensation attributed by the condemning authority to Lessee’s relocation
expense, trade fixtures, or loss of business.
Article 17 GENERAL PROVISIONS 17.1 Covenants, Conditions, and Restrictions This Lease is subject and subordinate to the effect of any covenants, conditions,
restrictions, easements, loans, mortgages, deeds of trust, ground leases, rights of way, and any
other matters of record now or hereafter imposed on the Property and to any applicable land use or zoning laws or regulations. Lessee will, upon request of Lessor, execute and deliver
agreements of subordination in the form reasonably requested by Lessor and described in section
17.22.
17.2 Nonwaiver
Waiver by either Party of strict performance of any provision of this Lease will 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 Attorney Fees
If any suit, action, or other proceeding (including any proceeding under the U.S.
Bankruptcy Code) is instituted in connection with any controversy arising out of this Lease or to interpret or enforce any rights or obligations hereunder, the prevailing Party will be entitled to
recover attorney, paralegal, accountant, and other expert fees and all other fees, costs, and
expenses actually incurred and reasonably necessary in connection therewith, as determined by
the court or body at trial or on any appeal or review, in addition to all other amounts provided by
law. Payment of all such fees also applies to any administrative proceeding, petition for review, trial, and appeal. Whenever this Lease requires one Party to defend the other Party, the defense
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will be by legal counsel acceptable to the Party to be defended, understanding that claims are
often covered by insurance with the insurance carrier designating the defense counsel.
17.4 Time of Essence
Time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Lease.
17.5 No Warranties or Guarantees Lessor makes no warranty, guarantee, or averment of any nature whatsoever concerning
the physical condition of the Premises or Property, or suitability of the Premises or Property for
Lessee’s use. Lessor will not be responsible for any loss, damage, or costs that may be incurred by Lessee by reason of any such condition.
17.6 No Implied Warranty In no event will any approval, consent, acquiescence, or authorization by Lessor be
deemed a warranty, representation, or covenant by Lessor that the matter approved, consented to,
acquiesced in, or authorized is appropriate, suitable, practical, safe, or in compliance with any applicable law or this Lease. Lessee will be solely responsible for such matters, and Lessor will
have no liability therefor.
17.7 Construction
In construing this Lease, all headings and titles are for the convenience of the Parties only
and are not considered a part of this Lease. Whenever required by the context, the singular includes the plural and vice versa.
17.8 Lessor Consent or Action If this Lease is silent on the standard for any consent, approval, determination, or similar
discretionary action, the standard is the sole discretion of Lessor, rather than any standard of
implied good faith or reasonableness. If Lessee requests Lessor’s consent or approval under any provision of the Lease and Lessor fails or refuses to give the consent or approval, Lessee will not
be entitled to any damages as a result of the failure or refusal, whether or not unreasonable.
17.9 Notices
All notices required under this Lease will be deemed to be properly served when actually
received or on the third Business Day (defined in section 17.16) after mailing, if sent by certified mail, return receipt requested, to the last address previously furnished by the Parties hereto in
accordance with the requirements of this section 17.9. Until hereafter changed by the Parties by
notice in writing, sent in accordance with this section 17.9, notices must be sent to the following
addresses:
If to Lessor: Freel & Associates, LLC P. O. Box 587
Shady Cove, OR 97539
If to Lessee: __________________
__________________
__________________
The addresses to which notices are to be delivered may be changed by giving notice of
the change in address in accordance with this Notice provision.
17.10 Governing Law
This Lease is governed by and will be construed according to the laws of the State of Oregon, without regard to its choice-of-law provisions. Any action or suit to enforce or construe
CAP011217 Page 108
any provision of this Lease by either Party will be brought in the Circuit Court of the State of
Oregon for Josephine County.
17.11 Survival
Any covenant or condition (including, but not limited to, environmental obligations and all indemnification agreements) set forth in this Lease, the full performance of which is not
specifically required before the expiration or earlier termination of this Lease, and any covenant
or condition that by its terms is to survive, will survive the expiration or earlier termination of
this Lease and will remain fully enforceable thereafter.
17.12 Partial Invalidity If any provision of this Lease is held to be unenforceable or invalid, it will be adjusted
rather than voided, if possible, to achieve the intent of the Parties to the extent possible. In any
event, all the other provisions of this Lease will be deemed valid and enforceable to the fullest
extent.
17.13 Modification This Lease may not be modified except by a writing signed by the Parties.
17.14 Successors The rights, liabilities, and remedies provided in this Lease will extend to the heirs, legal
representatives, and, as far as the terms of this Lease permit, successors and assigns of the
Parties. The words “Lessor,” “Lessee,” and their accompanying verbs or pronouns, whenever used in the Lease, apply equally to all persons, firms, or corporations that may be or become
parties to this Lease.
17.15 Limitation on Liability of Lessor
The obligations under this Lease do not constitute any personal obligation of Lessor or
any of its owners, members, partners, shareholders, officers, directors, or employees, and Lessee has no recourse against any of them. Lessor’s liability under this Lease is strictly limited to
whatever interest it holds in the Premises, subject to and subordinate to any rights of the lenders
or secured creditors of Lessor.
17.16 Calculation of Time
Unless referred to in this Lease as Business Days, all periods of time referred to in this Lease include Saturdays, Sundays, and Legal Holidays. However, if the last day of any period
falls on a Saturday, Sunday, or Legal Holiday, then the period extends to include the next day
that is not a Saturday, Sunday, or Legal Holiday. “Legal Holiday” means any holiday observed
by the federal government. “Business Day” means any day Monday through Friday, excluding
Legal Holidays. 17.17 Exhibits Incorporated by Reference All exhibits attached to this Lease are incorporated by reference herein.
17.18 Brokers
Lessee and Lessor each represent to one another that they have not dealt with any leasing
agent or broker in connection with this Lease, and each agrees to indemnify and hold harmless the other from and against all damages, costs, and expenses (including attorney, accountant, and
paralegal fees) arising in connection with any claim of an agent or broker alleging to have been
retained by the other in connection with this Lease. Lessee and Lessor acknowledge Jeanne Freel
is a licensed Real Estate Broker in the State of Oregon and a member of Freel & Associates,
LLC and her involvement in this contract is as a member of Freel & Associates, LLC with no commission owed by either party.
CAP011217 Page 109
17.19 Interpretation of Lease; Status of Parties This Lease is the result of arms-length negotiations between Lessor and Lessee and
neither party shall be deemed to be the drafting party. Nothing contained in this Lease will be
deemed or construed as creating the relationship of principal and agent, partners, joint venturers, or any other similar relationship, between the Parties hereto.
17.20 No Recordation of Lease This Lease will not be recorded.
17.21 Force Majeure
The time for performance of any of Lessee’s or Lessor’s obligations hereunder will be extended for a period equal to any hindrance, delay, or suspension in the performance of that
Party’s obligations, beyond the Party’s reasonable control and directly impacting the Party’s
ability to perform, caused by any of the following events: unusually severe acts of nature,
including floods, earthquakes, hurricanes, and other extraordinary weather conditions; civil riots,
war, terrorism, or invasion; any delay occurring in receiving approvals or consents from any governmental authority, including DEQ or other agency review of environmental reports (as long
as an application for the approval or consent was timely filed and thereafter diligently pursued);
major fire or other major unforeseen casualty; labor strike that precludes the Party’s performance
of the work in progress; or extraordinary and unanticipated shortages of materials (each a “Force
Majeure Event”). Lack of funds or willful or negligent acts of a Party will not constitute a Force Majeure Event. Further, it will be a condition to any extension of the time for a Party’s
performance hereunder that the Party notify the other Party within five Business Days following
the occurrence of the Force Majeure Event and diligently pursue the delayed performance as
soon as is reasonably possible.
17.22 Subordination This Lease is subordinate to any ground lease, mortgage, deed of trust, or other
hypothecation or security device (collectively, “Security Device”), now or hereafter placed on
the Property, to any and all advances made on the security thereof, and to all renewals,
modifications, and extensions thereof. Lessee agrees that the holders of any Security Devices (in
this Lease together referred to as “Lenders”) have no liability or obligation to perform any of the obligations of Lessor under this Lease.
17.23 Attornment If Lessor transfers title to the Property, or the Property is acquired by another upon the
foreclosure or termination of any security interest to which this Lease is subordinated, (a) Lessee
will, subject to the nondisturbance provisions of section 17.24, attorn to the new owner and, on request, enter into a new lease containing all the terms and provisions of this Lease, with the new
owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will
automatically become a new lease between Lessee and the new owner; and (b) Lessor will
thereafter be relieved of any further obligations hereunder and the new owner will assume all of
Lessor’s obligations, except that the new owner will not: (i) be liable for any act or omission of any prior lessor or with respect to events occurring before acquisition of ownership; (ii) be
subject to any offsets or defenses that Lessee might have against any prior lessor; (iii) be bound
by prepayment of more than one month’s rent, or (iv) be liable for the return of any security
deposit paid to any prior lessor.
17.24 Nondisturbance With respect to any loan agreement or other security agreement entered into by Lessor
after the execution of this Lease (a “Subsequent Loan”), Lessee’s subordination of this Lease
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will be subject to Lessee’s receipt of a commercially reasonable nondisturbance agreement (a
“Nondisturbance Agreement”) from the lender of the Subsequent Loan that provides that
Lessee’s possession of the Premises, including any options to extend the term hereof, will not be
disturbed as long as Lessee is not in default of this lease and attorns to the record owner of the Premises.
17.25 Capacity to Execute; Mutual Representations Lessor and Lessee each warrant and represent to one another that this Lease constitutes a
legal, valid, and binding obligation of that Party. Without limiting the generality of the
foregoing, each Party represents that its governing board has authorized the execution, delivery, and performance of this Lease by it. The individuals executing this Lease each warrant that they
have full authority to execute this Lease on behalf of the entity for whom they purport to be
acting.
17.26 Entire Agreement
This Lease, together with all exhibits attached hereto and by this reference incorporated herein, constitutes the entire agreement between Lessor and Lessee with respect to the leasing of
the Premises.
17.27 Counterparts
This Lease may be executed in one or more counterparts.
IN WITNESS WHEREOF, the Parties have executed this Lease to be effective as of the Effective Date.
LESSOR
By: ______________________________
Print Name: ______ As Its: ____________________________
LESSEE
By: ____________________________
Print Name: _____________________ As Its: __________________________
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Exhibit A
Legal Description - 650 E. Pine St, Central Point
Lots 1,2,3 and 4, Block 43, of the City of Central Point, Jackson County, Oregon , according to the Official
Plat thereof, now of record.
(Map 372W02CC Tax Lot 6900)
NOTE: This legal description was created prior to January 1, 2008
Tax Parcel Number 1-013395-5
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1/5/2017 1
% of b
2015/16 YTD 2016/17 YTD
Account Number Description Adopted (Expensed)Adopted (Expensed)
Materials & Services
10-10-15-6410 Community Events 12,000 9,514 12,000 1,771
10-10-15-6420 Downtown Revitalization 30,000 18,091 30,000 8,837
10-10-15-6422 Utility Discounts 15,000 9,966 15,000 4,125
10-10-15-6437 Parks & Recreation Foundation 25,000 0 25,000 0
10-10-15-6440 Food & Friends Program 12,000 12,000 12,000 0
10-10-15-6450 Tourism Promotion 110,000 99,565 110,000 42,845
Total Materials & Services 204,000 149,134 204,000 57,579
Total City Enhancement 204,000 149,134 204,000 57,579
General Fund - City Enhancement
City Of Central Point
Admin/City Enhancement Expense Report
For period ending November 30, 2016
Staff Report
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RESOLUTION NO. _______
A RESOLUTION RECOMMENDING ADOPTION OF AN AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND THE CENTRAL POINT CHAMBER OF COMMERCE FOR CONTRACT OPERATIONS OF THE CITY’S VISITOR INFORMATION CENTER.
RECITALS:
A.The City of Central Point retains the authority to reduce costs and producepublic benefit through the use privatized contract services.
B.The City of Central Point and the Central Point Chamber of Commerce deemit to be to their mutual advantage and to be in the best interest of their
respective constituencies/membership to enter into this agreement for the
purpose of the Chamber of Commerce to operate the City’s Visitor
Information Center.
The City of Central Point resolves:
Section 1. The attached agreement between the City of Central Point and the Central Point Chamber of Commerce for the operation of the City’s Visitor Information Center is approved.
Section 3. Upon approval of this agreement the City Manager is authorized to
execute the Chamber of Commerce commercial office space lease agreement.
Section 2. Upon approval of this agreement by the Central Point Chamber of Commerce, the attached agreement shall govern contract services between the two agencies from October 1st, 2016 to June 30th, 2019.
The City Manager of Central Point authorized to sign the attached agreement on behalf of the City of Central Point.
Passed by the Council and signed by me in authentication of its passage this
_____ day of _____________________, 2017.
__________________________ Mayor Hank Williams ATTEST:
_____________________________
City Recorder
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Public
Hearing/Ordinance
First Reading Ordinance
Amending the Comp Plan
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City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
STAFF REPORT
January 12, 2017
AGENDA ITEM: File No. 16022
Consideration of a Comprehensive Plan Amendment to affirm locations for Thoroughfare Commercial
land uses and to re-designate 4.87 acres from Tourist and Office Professional to Thoroughfare Commercial south of Pine Street/Biddle Road, East of Hamrick Road and West of Table Rock Road. The property is identified on the Jackson County Assessor’s map as 37S2W 01C, Tax Lot 802. Applicant:
Rogue Valley Microdevices/Tail Light Properties, LLC. Agent: Jay Harland, CSA Planning
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
A Comprehensive Plan (Map) Amendment and Zone Change were initiated for the above referenced
property to facilitate the establishment of a Corporate Headquarters and Light Fabrication Facility that is regionally supported by SOREDI. The combined uses are a better match for the Commercial Thoroughfare designation than they are for Tourist and Office Professional. In the course of City
staff’s review it also became apparent that while the City has promoted Thoroughfare Commercial uses it has failed to clarify this in the Land Use Element. Consequently, this amendment includes an
update to the Commercial Land Use section of the Comprehensive Plan to document actions taken in
the past to allow a wider range of employment uses and to facilitate greater job creation in Central Point. The Land Use Element will be revised in a more comprehensive manner in the future during
the Department’s next two year budget cycle.
Consistent with the City’s Comprehensive Plan Amendment Criteria, the City Council Approved a
Resolution of Intent (Resolution No. 1477) in October to initiate this land use amendment. The
applicant’s agent has submitted a set of Comprehensive Plan and Zoning Maps (Attachment A) and Findings of Fact (Attachment B) along with relevant approval criteria for the City’s consideration.
The City Council may rely upon the applicant’s findings and conclusions with regard to the map amendment. Alternatively, staff is proposing a change to language used in the Land Use Element (Attachment E) to affirm and clarify past City Council actions relative to commercial land use
designations and their locations. This also reinforces arguments made by the applicant. The Council may recall its review and the ultimate adoption of the Economic Element of the
Comprehensive Plan in 2013. In that Element, Computer and electronic product manufacturing are identified as a trending Oregon industry. The Thoroughfare Commercial land use designation will
accommodate the siting of Rogue Valley Microdevices on the Pine Street corridor which represents
an opportunity for Central Point to gain local share in a new local industry and new job creation.
The City Planning Commission considered these amendments at their regular meeting in December
and unanimously recommended City Council approval (Attachment D). Although a recommendation for a decision to approve a Comprehensive Plan Amendment may include conditions, the
Commission saw no need to impose any conditions at this time.
ISSUES & NOTES:
Community Development
Tom Humphrey, AICP
Community Development Director
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There are 4 issues/Notes relative to this application as follows:
1. Comprehensive Plan Compliance. Approval of the proposed amendment must be found
consistent with the City’s Comprehensive Plan Land Use Plan. If the Land Use language is
revised as proposed in Attachment C and the Comprehensive Plan designation is changed to Thoroughfare Commercial on the property in question, then the two would immediately be
consistent and compliant. 2. Compatibility with Surrounding Land Uses and Zoning. Two tax lots to the east of the
applicant’s property comprise 7.5 acres that is currently designated Thoroughfare Commercial and zoned C-5. The property to the south is designated General Industrial (20 acres). The properties to the west and north are designated Tourist and Office Professional
and are each 2 acres in size (refer to Attachment A). The applicant elaborates on the compatible characteristics of the area in Attachment B, page 9.
3. Zoning Map and Zoning Code Text Amendments, CPMC Chapter 17.10. This municipal
code section provides standards and procedures for major and minor amendments to the
Central Point city zoning map. In this case, the zone change (map) proposal was
initiated by the applicant for one tax lot and the action is considered a ‘minor’
amendment and a Type III process. The amendment should be based on the following criteria; 1) its consistency with the City’s Comprehensive Plan, 2) findings
demonstrating that adequate public services and transportation networks will serve
the property and 3) compliance with the State’s Transportation Planning Rule. There
is a separate but related application for the zone change which follows this item.
4. Transportation Planning Rule (TPR) Compliance, OAR 660-012-0060. Criteria for TPR
compliance is addressed in both the Applicant’s and the City findings (Attachments B & C)
demonstrating adequate public services and transportation networks. In this case, the re-designation of the commercial land uses and the nature of the expanded list of permitted uses
will not have an appreciable difference on traffic generation or impact and may even improve
it (see Attachment B, Exhibit 10 – Traffic Findings). Public facilities master plans identify various future public improvements including the reconfiguration of the traffic signal at
Hamrick and Biddle Roads. ATTACHMENTS:
Attachment “A” – Comprehensive Plan and Zoning Maps
Attachment “B” – Applicant’s Findings Attachment “C” – Planning Department’s Findings Attachment “D” – Resolution No. 836
Attachment “E” – Ordinance No. ___ An Ordinance Amending The Land Use Element (Text And Maps) Of The Central Point Comprehensive Plan To Update The Commercial Land Use Section That Document Actions Taken In The Past, Allow A Wider Range Of Employment Uses And Facilitate
Greater Job Creation In Central Point
ACTION:
Open public hearing and consider the proposed amendment to the Comprehensive Plan Land Use Element and Map, close public hearing and 1) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading or 3) deny the ordinance.
RECOMMENDATION:
Discuss ordinance proposal and forward ordinance and amendments to a second reading.
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FINDINGS OF FACT
AND CONCLUSIONS OF LAW File No.: 16022
Before the City of Central Point Planning Commission
Consideration of a Comprehensive Plan Amendment and Land Use Redesignation on a 4.87 acre
lot located at 4901 Biddle Road. The property is identified on the Jackson County Assessor’s map as 37S2W 01C, Tax Lot 802.
Applicant:
Rogue Valley Microdevices Inc./ ) Findings of Fact
Tail Light Properties, LLC ) and City of Central Point, Oregon ) Conclusion of Law
PART 1
INTRODUCTION
It is requested that the above referenced tax lot be redesignated and rezoned to a Thoroughfare Commercial use to allow a wider range of employment options to facilitate greater job creation in
Central Point. At the same time, it is the City’s intent to clarify the location and characteristics for
commercial properties in the Land Use Element. These findings have been prepared with the
understanding that both the Comprehensive Plan (Map) and Zoning Map will be changed to become consistent with one another.
The Comprehensive Plan Amendment involves legislative action on the City’s part while the request
from the co-applicants involve a quasi-judicial map amendment, which is normally processed using
Type III application procedures. Consequently, the City is processing this plan amendment using the broader Type IV procedures. These are set forth in Section 17.05.500 and provide the basis for decisions upon standards and criteria in the development code and the comprehensive plan, when appropriate.
Applicable development code criteria for this Application include:
1.Statewide Planning Goals
2. Comprehensive Plan
3. State Transportation Planning Rule
4. CPMC, Chapter 17.96
Findings will be presented in four (4) parts addressing the requirements of Section 17.05.500 as follows:
1. Introduction
2.Statewide Planning Goals
3. Comprehensive Plan4. Summary Conclusion
PART 2
STATEWIDE PLANNING GOALS
A finding of consistency with the applicable statewide planning goals is generally reserved for major
amendments which revisions to the Land Use Element dictate in this case (reference CPMC, Chapter
17.96.500 Approval criteria).
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Goal 2: Land Use Planning
PART I – PLANNING
To establish a land use planning process and policy framework as a basis for all decision and actions
related to use of land and to assure an adequate factual base for such decisions and actions …
Finding: The proposed Comprehensive Plan Land Use revision and Map change constitute an amendment to commercial land use in Central Point. They are compatible with the Commercial
Goal: To create an economically strong and balanced commercial sector of the Community that
is easily accessible, attractive, and meets the commercial needs of the local market area. The
proposed language reflects land use changes made by the City over time and identifies current land uses and zones approved by the City and acknowledged by the state. The Oregon Department of Land Conservation and Development was notified of this Comprehensive Plan
Amendment and has not yet commented.
Conclusion: Consistent with Statewide Planning Goal for Land Use Planning. *The City will rely on the applicant’s findings and Goal applicability for the comprehensive plan
amendment as they apply to items other than land use planning.
PART 3 COMPREHENSIVE PLAN The Comprehensive Plan Land Use Map currently designates the property in question as Tourist and
Office Professional and the proposal is to re-designate this land for Thoroughfare Commercial to match
the designation of an adjoining lot to the east. The Land Use Element (text) has not been updated to reflect past Comprehensive Plan (Map) amendments approved by the City Council. Those changes include Transit Oriented Development (TOD) designations in the Downtown and along the Highway 99
corridor as well as Thoroughfare Commercial designations along Biddle Road east of the interchange.
The Council made conscious decisions in 1998 and again in 2001 to redefine commercial land uses but
neglected to clarify this in the Comprehensive Plan text. The proposed revisions in Attachment “C” of this staff report offer new language to support the City’s past actions as well as its current and future intentions. The Thoroughfare Commercial designation was created to provide for commercial and
business uses that are most appropriately located along or near major highways or thoroughfares, and
are largely dependent upon highway visibility and easy vehicular access. This is an appropriate
designation along Biddle and Table Rock Roads. Finding: The property in question proposes a land use category that has been adopted by the
City and, given the coincident changes to Commercial Land Use language in the Comprehensive
Plan, are consistent with past City goals, policies and actions.
Conclusion: Consistent. PART 4
STATEWIDE TRANSPORTATION RULE
Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility,
the local government shall put in place measures as provided in section (2) of this rule to assure that
CAP011217 Page 150
allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would:
a) Change the functional classification of an existing or planned transportation facility;
b) Change standards implementing a functional classification system; or c) As measured at the end of the planning period identified in the adopted transportation system
plan:
(A) Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;
(B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is
otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan. Finding 660-012-0060(1)(a): The proposed plan amendment and zone change does not change the functional classification of an existing or planned transportation facility. The proposed zone
change from C-4 to C-5 is shown to generate no additional traffic to the transportation system.
Conclusion 660-012-0060(1)(a): No significant affect. Finding 660-012-0060(1)(b): The highest and best uses in Thoroughfare Commercial (C-5) anf
not shown to generate any more traffic than Tourist and Office Professional (C-4). Consequently,
the proposed amendments will not cause a change to standards implementing the City’s
transportation system. Conclusion 660-012-0060(1)(b): No significant affect.
Finding 660-012-0060(1)(c)(A): The proposed plan amendment and zone change will not cause
an increase in land uses that would result in levels of travel or access that would be inconsistent with the City’s functional street classification system for existing and planned transportation facilities.
Conclusion 660-012-0060(1)(c)(A): No significant affect.
Finding 660-012-0060(1)(c)(B): There are no known operational of safety concerns as a result of the proposed land use amendment and zone change. The proposed zone change will not
reduce the performance of any existing or planned transportation facilities below the minimum
acceptable performance standard identified in the Master Plan, or in the City’s Transportation
System Plan. Conclusion 660-012-0060(1)(c)(B): No significant affect.
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Finding 660-012-0060(1)(c)(C): The proposed plan amendment and zone change will not cause
the worsening of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the Master Plan or Comprehensive Plan. Captital improvements are scheduled in the City’s TSP that are anticipated
to mitigate the impacts of redevelopment in this sector of the community.
Conclusion 660-012-0060(1)(c)(C): No significant affect. PART 5 ZONING ORDINANCE
17.10.300 Quasi-judicial amendments. A. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial zoning map amendments
shall follow the Type III procedure, as governed by Section 17.05.400, using standards of approval in
subsection B of this section. The approval authority shall be as follows: 1. The planning commission shall review and recommend land use district map changes that do not involve comprehensive plan map amendments;
2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and 3. The planning commission shall make a recommendation to the city council on a land use
district change application that also involves a comprehensive plan map amendment
application. The city council shall decide both applications. Finding 17.10.300(A): A plan amendment and zone change application has been submitted to redesignate 4.87 acres from Tourist and Office Professional to Thoroughfare Commercial and to
rezone C-4 to C-5. The proposal will be considered by the planning commission and a
recommendation will be made to the City Council for final decision.
Conclusion 17.10.300(A): Consistent.
B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve
with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria: 1. Approval of the request is consistent with the applicable statewide planning goals;
Finding 17.10.300(B)(1): See Part 2, Statewide Planning Goals findings and conclusions.
Conclusion 17.10.300(B)(1): Consistent
2. Approval of the request is consistent with the Central Point comprehensive plan;
Finding 17.10.300(B)(2): See Part 3, Comprehensive Plan findings and conditions. Conclusion 17.10.300(B)(2): Consistent.
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3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and
Finding 17.10.300(B)(3): Public facilities, services and transportation networks have been
established pursuant to the City’s TSP and are sufficient to serve the allowable uses. The proposal will not significantly increase the demand on public facilities over the current uses.
Conclusion 17.10.300(B)(3): Consistent.
4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application.
Finding 17.10.300(B)(4): The proposed plan amendment and zone change are consistent with
Strategic Planning goals, are in the interest of the community, are compatible with surrounding land uses and correct inconsistencies in the Comprehensive Plan and zoning maps. Conclusion 17.10.300(B)(4): Consistent.
17.10.600 Transportation planning rule compliance. Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that
allowed land uses are consistent with the identified function, capacity, and performance standards (e.g.
level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: a) Change the functional classification of an existing or planned transportation facility;
b) Change standards implementing a functional classification system; or c) As measured at the end of the planning period identified in the adopted transportation system plan:
(A) Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility;
(B) Reduce the performance of an existing or planned transportation facility below the
minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan.
Finding 17.10.600(1): See Part 4, Statewide Transportation Planning Rule findings and conclusions.
CAP011217 Page 153
Conclusion: Consistent.
Summary Conclusion: As evidenced in findings and conclusions, the proposed plan amendment and zone change are consistent with applicable standards and criteria in the Central Point Municipal Code,
including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide
Transportation Planning Rule.
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Planning Commission Resolution No. 836 (12/06/2016)
PLANNING COMMISSION RESOLUTION NO. 836
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE
CITY COUNCIL TO APPROVE THE COMPRHENSIVE PLAN AMENDMENT AND LAND USE REDESIGNATION OF APROXIMATELY FIVE (5) ACRES SOUTH OF BIDDLE ROAD BETWEEN HAMRICK AND TABLE ROCK ROADS FROM TOURIST AND OFFICE PROFESSIONAL TO THOROUGHFARE COMMERCIAL
FILE NO. 16022
Applicants: Rogue Valley Microdevices; Tail Light Properties and the City of Central Point;
WHEREAS, the proposed Comprehensive Plan (Map) designation and text revision
constitute a legislative amendment; and
WHEREAS, Section 17.05.500 of the municipal code dictates that City Planning
Commission shall make a recommendation to the City Council on an application for
a comprehensive plan amendment; and
WHEREAS, the Plan Amendment and Map Re-designation from Tourist and Office
Professional to Thoroughfare Commercial uses will clarify the City’s intent for
commercial properties and allow a wider range of employment uses to facilitate
greater job creation in Central Point; and
WHEREAS, As evidenced in findings and conclusions, the proposed plan
amendment and zone change are consistent with applicable standards and criteria in
the Central Point Municipal Code, including the Statewide Planning Goals (where
applicable), the Comprehensive Plan, and Statewide Transportation Planning Rule.
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, by this Resolution No. 836, does recommend that the City Council
approve the Comprehensive Plan Amendment and Map Re-designation from Tourist
and Office Professional to Thoroughfare Commercial. This decision is based on the
Staff Report dated December 6, 2016 attached hereto by reference and incorporated
herein.
PASSED by the Planning Commission and signed by me in authentication of its
passage this 6th day of December, 2016.
_______________________________
Planning Commission Chair
ATTEST:
_______________________________
City Representative
Approved by me this 6th day of January, 2016
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ORDINANCE NO. _______
AN ORDINANCE AMENDING THE LAND USE ELEMENT (TEXT AND MAPS)
OF THE CENTRAL POINT COMPREHENSIVE PLAN TO UPDATE THE
COMMERCIAL LAND USE SECTION THAT DOCUMENT ACTIONS TAKEN IN THE PAST, ALLOW A WIDER RANGE OF EMPLOYMENT USES AND FACILITATE GREATER JOB CREATION IN CENTRAL POINT.
Recitals:
A. Words lined through are to be deleted and words in bold are added.
B. 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.
C. 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 Comprehensive Plans.
D. Pursuant to the requirements set forth in CPMC Chapter 17.96.100
Comprehensive Plan and Urban Growth Boundary Amendments –
Purpose and Chapter 17.05.500, Type IV Review Procedures, the City has initiated an application and conducted the following duly advertised public hearings to consider the proposed amendment:
a) Planning Commission hearing on December 6, 2016
b) City Council hearings on January 12, 2017 and January 26, 2017. .
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Amendments to THE LAND USE PLAN, COMMERCIAL LAND USE SECTION XII-13 to read:
COMMERCIAL LAND USE
Commercial Goal:
• To create an economically strong and balanced commercial sector of the
community that is easily accessible, attractive, and meets the commercial needs
of the local market area.
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Pg. 2 Ordinance No. ____________ (__/__/___)
Commercial Land Use Plan:
The Land Use Plan shows three basic commercial categories:
General Commercial Tourist & Office-Professional Convenience Center
The General Commercial designation is applied to the central business district
and areas along the east side of Highway 99 from Beall Lane northward to the high school. In the late 1990’s the City Council added General Commercial land use designations along Pine Street/Biddle Road on the East side of
Interstate-5. This general area is suitable for a wide range of commercial uses
that are suitable for the central portions of the community and along designated
freight routes. The Zoning Map for Central Point, which is consistent with the Comprehensive Plan Map, further subdivides the General Commercial category into three zoning districts. The Central Business District (C-3, TOD-EC) extends
along Pine Street, roughly between First Street and Seventh Street. This zone is
designed to strengthen the commercial core area of the City. Adjacent to the C-3
zone to the north and south is the C-2 (Limited Commercial-Professional) zoning district which is somewhat less intensive that the commercial core area, but provides a good transitional zone between the high-intensity of the downtown
area and the low-density residential areas to the north and south. Also within
the Central Business District (CBD) are those properties The third zone
under this category is the C-5 (Thoroughfare Commercial) district which extends along Highway 99 designated TOD-GC which and provides for a mixture of mostly automobile-related commercial activities as well as fabrication to
encourage ‘maker spaces’, many of which will be related to the light industrial
areas across the highway to the west. The third zone under this category is
the C-5 (Thoroughfare Commercial) district which is also compatible with light industry and located along major transportation corridors.
Tourist Commercial/Office Professional is the second of the commercial land use
categories. This area is zoned R-4 C-4, which is the City’s corresponding zone.
With the continued development of EXPO Park and the airport, the City sees a significant opportunity to plan for expanded tourist facilities and compatible professional office development, primarily along East Pine Street from Seventh
Street to the vicinity of Hamrick Road.
The Convenience Center category would provide for small convenience shopping districts within the residential neighborhoods or at major arterial intersections. The City’s C-1C-N zoning district provides for these types of uses and will ensure
that these commercial uses will be compatible with the adjacent residential
areas.
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Pg. 3 Ordinance No. ____________ (__/__/___)
Section 2. Existing Comprehensive Plan Map illustrates:
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Pg. 4 Ordinance No. ____________ (__/__/___)
Section 3. Amendments to Comprehensive Plan Map to illustrate:
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Pg. 5 Ordinance No. ____________ (__/__/___)
Section 4. Effective Date. The Central Point City Charter states that an ordinance enacted by the council shall take effect on the thirtieth day after its
enactment. The effective date of this ordinance will be the thirtieth day after the
second reading.
Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___.
__________________________ Mayor Hank Williams
ATTEST:
_____________________________ City Recorder
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Public
Hearing/Ordinance
Amending Zoning Map
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City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
STAFF REPORT
January 12, 2017
AGENDA ITEM: File No. 16024
Consideration of a Zone (map) Change application from Tourist and Office Professional (C-4) to
Thoroughfare Commercial (C-5) for a 4.87 acre parcel located at 4901 Biddle Road. The Project Site is
identified on the Jackson County Assessor’s map as 37S 2W 01C, Tax Lot 802. Applicant: Rogue Valley Microdevices/Tail Light Properties, LLC. Agent: Jay Harland, CSA Planning.
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
The applicant has requested a minor zone map amendment from C-4 to C-5 with the intent of developing a new tax lot for a Corporate Headquarters and Light Fabrication Facility. As shown in
Table 1, the proposed zone change allows more permitted land uses and fewer conditional uses.
However, the nature of the expanded list of permitted uses will not have an appreciable difference on traffic generation or impact and may even improve it (see Attachment B).
The City Planning Commission considered this zone change at its regular meeting in December and unanimously recommended City Council approval (Attachment D). Although a recommendation to
approve a minor amendment may include conditions, the Commission saw no need to impose any conditions at this time. Approval of this zone change will enable the Planning Commission approvals
of a conditional use permit and a site plan for Microdevices to proceed.
Table 1. Proposed Zone Change
Zoning District Permitted Land Uses Conditional/Not Permitted
CUP NP
Current (C-4)
50 10 22
Proposed (C-5)
69 2 11
ISSUES & NOTES:
There are 4 issues/Notes relative to this application as follows:
1. Zoning Map and Zoning Code Text Amendments, CPMC Chapter 17.10. This municipal code section provides standards and procedures for major and minor amendments to the
Central Point zoning map. In this case the application was submitted with a Comprehensive
Plan Amendment and initiated jointly by the current and anticipated property owners (once it is partitioned). The action is considered a ‘minor’ amendment and is being processed using
Type III procedures. The amendment should be based on the following criteria; 1) its
consistency with the City’s Comprehensive Plan, 2) findings demonstrating that adequate public services and transportation networks will serve the property and 3) compliance with
the State’s Transportation Planning Rule.
Community Development
Tom Humphrey, AICP
Community Development Director
CAP011217 Page 162
2. Comprehensive Plan Compliance. Approval of the proposed zone change must be found
consistent with the City’s Comprehensive Plan Land Use Plan Map. The subject property has a current Comprehensive Plan designation of Tourist and Office Professional but is proposed
for amendment to Thoroughfare Commercial concurrent with this zone change. If the Comp
Plan Amendment is approved, the zone change to C-5, Thoroughfare Commercial will be consistent and compliant.
3. Compatibility with Surrounding Land Uses and Zoning. The subject property is contiguous to lands zoned C-5, Thoroughfare Commercial to the east, and is compatible with
M-2, General Industrial to the south and C-4, Tourist and Office Professional to the west. Although the proposed zone change allows for the increase of permitted land uses versus conditional uses, the overall character will remain consistent with the surrounding
commercial uses per CPMC 17.20.
4. Transportation Planning Rule (TPR) Compliance, OAR 660-012-0060. Criteria for TPR
compliance is addressed in the traffic findings (Attachment B) demonstrating adequate public services and transportation networks.
ATTACHMENTS:
Attachment “A” – Comprehensive Plan and Zoning Maps Attachment “B” – Traffic Findings, S. O. Transportation Engineering, LLC.
Attachment “C” – Planning Department’s Findings Attachment “D” – Resolution No. 837
Attachment “E” – Ordinance No. ____ An Ordinance Amending The Central Point Zoning Map On
Tax Lot 802 Of 37S 2W 01C (4.87 Acres) From C-4, Tourist And Office Professional To C-5, Thoroughfare Commercial Zoning
ACTION:
Open public hearing and consider the proposed amendment to the Comprehensive Plan Land Use Element and Map, close public hearing and 1) forward the ordinance to a second reading, 2) make revisions and
forward the ordinance to a second reading or 3) deny the ordinance.
RECOMMENDATION:
Discuss ordinance proposal and forward ordinance and amendments to a second reading.
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Planning Commission Resolution No. 837 (12/06/2016)
PLANNING COMMISSION RESOLUTION NO. 837
A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE THE REZONING OF THE PROPERTY IDENTIFIED AS JACKSON COUNTY ASSESSOR’S MAP NO. 37S2W01C TAX LOT 802 FROM TOURIST AND OFFICE PROFESSIONAL (C-4) TO THROUGHFARE
COMMERCIAL (C-5)
FILE NO. 16024
Applicant: Rogue Valley Microdevices, Inc. and Tail Light Properties LLC;
WHEREAS, the Comprehensive Plan Land Use Map is proposed to re-designate the property
identified by the Jackson County Assessor’s Map as 37S2W 01C Tax Lot 802 as
Thoroughfare Commercial; and
WHEREAS, the proposed Thoroughfare Commercial (C-5) zoning is an urban Thoroughfare Commercial zoning district consistent with the Comprehensive Plan and surrounding land uses; and
WHEREAS, adequate public services and transportation networks are available to the site;
and
WHEREAS, the proposed zone change from C-4 to C-5 has been determined to be consistent
with the State Transportation Planning Rule.
NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning
Commission, by this Resolution No. 837, does recommend that the City Council approve the change of zone on the property identified by the Jackson County Assessor’s Map as 37S2W
01C Tax Lot 802. This decision is based on the Staff Report dated December 6, 2016 attached
hereto by reference and incorporated herein.
PASSED by the Planning Commission and signed by me in authentication of its passage this 7th day of December, 2016.
_______________________________
Planning Commission Chair
ATTEST:
_______________________________ City Representative
CAP011217 Page 178
ORDINANCE NO. _______
AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP ON TAX LOT 802
OF 37S 2W 01C (4.87 ACRES) FROM C-4, TOURIST AND OFFICE PROFESSIONAL
TO C-5, THOROUGHFARE COMMERCIAL ZONING.
Recitals:
A.The City of Central Point (City) is authorized under Oregon Revised Statute
(ORS) Chapter 197 to prepare, adopt and revise comprehensive plans andimplementing ordinances consistent with the Statewide Land Use PlanningGoals.
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 goalsand compatibility with City Comprehensive Plans.
C.Pursuant to authority granted by the City Charter and the ORS, the City may
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 Zoning
Map and Zoning Code Text Amendments – Purpose and Chapter 17.05.010,
Applications and Development Permit Review Procedures, the City has
accepted an application and conducted the following duly advertised publichearings to consider the proposed amendment:
a)Planning Commission hearing on December 6, 2016
b)City Council hearings on January 12, 2017 and January 26, 2017.
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 zoning map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein.
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EXHIBIT 1
Section 3. 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.
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Section 4. Effective date. The Central Point City Charter states that an ordinance enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
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