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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, January 24, 2019
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward III
Brandon Thueson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
At Large
Michael Parsons
Next Res(1564) Ord (2051)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Police Department Special Recognition
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of January 10, 2019 City Council Minutes
B. Approval of Arbor Week Proclamation
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, Approving Purchase & Sale Agreement - Snowy Butte
Station Property (Dreyer)
B. First Reading, An Ordinance Amending in Part and Repealing in Part Weed
Abatement Code (Dreyer)
C. Resolution No. _________, Authorizing Cooperative Agreement Water Rights
IGA (Dreyer)
X. BUSINESS
A. Illicit Discharge Ordinance Changes (Samitore)
B. Water Rate Adjustment 2019 (Samitore)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION
The City Council will 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Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. 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 to 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
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, January 10, 2019
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
A. Swearing in Council Members
Mayor Williams swore in Council Members Kelley Johnson, Neil Olsen and
Brandon Thueson.
_____________________________________________________________
_
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Brandon Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Excused
Michael Parsons At Large Present
Staff present: City Manager Chris Clayton, City Attorney Sydnee Dreyer; City Recorder
Deanna Casey; Parks and Public Works Director Matt Samitore; Police Chief Kris
Allison; Community Development Director Tom Humphrey, Finance Director Steve
Weber, and Police Captain Dave Croft.
IV. PUBLIC COMMENTS
There were no Public Comments.
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
A. Approval of December 13, 2018 City Council Minutes
B. Approval of Re-appointments to Committees and Commissions
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City of Central Point
City Council Minutes
January 10, 2019
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C. Business Friendly Proclamation
City Manager Chris explained that item C, Business Friendly Proclamation was
requested by SOREDI. There are representatives in the audience tonight. He read
the proclamation into the record. SOREDI representatives came up and received the
proclamation.
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, A Resolution Approving Rules of the City Council of
Central Point, Oregon Effective January 2019
City Manager Chris Clayton explained that there were no recommended changes to
the City Council Rules this year. The Council approved the revised rules in January
2018.
City Attorney Sydnee Dreyer explained that the previous council rules included a two
page Code of Ethics that were to be updated annually. When the current rules were
updated a section on ethics was included, but the previous version was more
detailed. There was consensus that the current Council Rules is sufficient in regards
to ethics and additional documentation is not necessary.
Mike Parsons moved to approve Resolution 1563, A Resolution Adopting the
2019 Rules of the City Council of Central Point, Oregon.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
VIII. BUSINESS
A. Motion to: Council President Appointment
Mike Parsons moved to appoint Brandon Thueson as Council President.
RESULT: APPROVED [5 TO 0]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Parsons
ABSTAIN: Brandon Thueson
EXCUSED: Rob Hernandez
B. Council Assignments to Local Committees, Boards and Commissions
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City of Central Point
City Council Minutes
January 10, 2019
Page 3
Mr. Clayton presented the current City Council Representative list for Boards,
Commission, Committees, and Foundations. The list provides boards and
committees that are important for the City of Central Point to participate on.
The first of the year is a good time for newly seated council members to volunteer to
attend or current council members to switch committees. Each of these assignments
represents an important opportunity for the city to exert influence and maintain
relations with regional agencies and partners. There was discussion regarding
corrected times and dates of some of the committees listed and members that would
like to change or sign up for a committee.
Brandon Thueson moved to approve the updates to the 2019 City Council
Representatives for Boards, Commissions, Committees, and Foundations.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
C. Appointment of Transportation Representative - 2019
Mr. Clayton explained that the city has been fortunate to have the skills, expertise
and knowledge of Councilman Michael Quilty representing the city on transportation
related committees and boards. However, with Mr. Quilty's city council term ending,
staff is recommending that Mr. Quilty be appointed as the City's transportation
representative for the 2019 calendar year. Approving this appointment would ensure
that the city is represented in areas that are transportation related and would allow
other Council members to become familiar with public transportation over the next
year.
If appointed as transportation representative for 2019, Mr. Quilty would continue to
serve the city of Central Point on the Rogue Valley Metropolitan Planning
Organization (RVMPO) Policy Committee, Oregon Rail Leadership Group, Oregon
Metropolitan Planning Organization Consortium, Oregon Freight Advisory Group,
Oregon State Transportation Improvement Program Stakeholders Group, West
Coast Corridor Coalition and Rogue Valley Area Commission on Transportation
(RVACT) (as representative of RVMPO).
He is recommending that the position of transportation representative receive a
monthly stipend equivalent to that of an active city council member and that all travel
related expenses be reimbursed per city policy.
Kelley Johnson moved to appoint Mr. Mike Quilty as council transportation
representative for the 2019 calendar year.
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City of Central Point
City Council Minutes
January 10, 2019
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RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
D. Skyrman Arboretum Landscaping Phase 2
Parks and Public Works Director Matt Samitore explained that the city conducted a
formal bid process for Phase 2 of the Skyrman Arboretum landscaping project. One
bid was received from Overstreet Landscaping and Hydro seeding, Inc. for
$63,869.00. The City budgeted $60,000 for the project and staff is prepared to adjust
operational funding to cover the difference. The city has worked with Overstreet on
previous projects and feels they are qualified to complete the job.
There are adjustments we would like to make from the original plans around the
parking lot. There is a concern about the amount of shrubs and it is recommended
we create more of a butterfly friendly area. No additional budget appropriation is
needed to complete the project at the bid amount.
Brandon Thueson moved to award the Skyrman Arboretum Phase 2 project to
Overstreet Landscaping & Hydroseeding Inc. in the amount of $63,869.00.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
E. Rogue Valley Transit District request for revised bus stop
Mr. Samitore explained that Rogue Valley Transit District (RVTD) has been working
with the city to revise bus route 40 which historically traveled eastbound on Pine
Street and included bus stops and pickups on Pine at 5th Street and the intersection
of 2nd Street and Manzanita. RVTD has expressed concern regarding the northbound
turning movement at the intersection of 2nd and Pine Street. After several meetings it
was decided to reverse the path of Route 40 eliminating the northbound turn but will
require relocation of the bus stop located at 5th and Pine Streets.
There are several options to relocate the bus stop.
1. 5th Street at Key Bank.
2. 4th Street Bulb out at Banner Bank.
3. 3rd Street Bulb out at Print Quick.
4. Adjust the bulb out at 2nd Street making it a flat bulb out allowing for the busses
to make the right hand turn without running over the curb.
5. Do nothing and leave the pick up/drop off location at 6th Street.
RVTD would prefer to reverse the route which is allowing Crater students to catch
the bus at Crater which was not an option in the previous route. One of their
handicapped riders would prefer the stop on Pine Street between 3rd and 5th Streets.
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City of Central Point
City Council Minutes
January 10, 2019
Page 5
Staff does not recommend taking away prime parking locations in front of Print Quick
and Banner Bank. Key Bank has indicated they do not care if the parking in front of
their building is changed to a bus stop. This location would be the location best
suited for a bus stop. We would need to relocate the way finding sign.
Staff will return with a final recommendation after they have discussed the option
with surrounding businesses. They were all very generous with the redesign of
downtown and we don’t want this change to be a hardship on any of them.
RESULT: FOR DISCUSSION ONLY
F. Planning Commission Report
Community Development Director Tom Humphrey presented the Planning
Commission report for January 8, 2019:
The Commission discussed the updates to the Population Element to address
changes to the forecast for 2019-2039 planning period. They considered Portland
State University’s latest population forecast for Jackson County and Central Point
which showed an increase in the average annual growth rate to 1.5%. This will
result in nearly 7000 person increase in the city over the next 20 years. Staff is
proposing that the city make revisions to its Population Element in order to use
the new numbers in expanding the Urban Growth Boundary. The Commission
voted to schedule a public hearing for February.
The last Residential Buildable Lands Inventory (BLI) was completed in 2016 as
part of the Housing Element Update. Since that time, the forecast population for
the next 20 years has increased enough to warrant re-evaluation which is a
prerequisite to updating the Housing Element. The Commission voted to
schedule a public hearing on this item in February.
The Housing Element was updated in 2017 and was based on an earlier
population forecast that estimated a residential land need of 150 acres. The
revised population numbers will potentially increase the City’s long term
residential need to 306 acres. Revising the Housing Element will enable the city
to demonstrate a greater land need when expanding the UGB this year. The
Commission will hold a public hearing in February.
The Urbanization Element was last acknowledged by the State in 1983. The
working Draft has been updated and made more concise. Even though it is
modeled after Statewide Planning Goal 14, it also reflects the goals and policies
of the City as articulated in the Strategic Plan and more recent changes to other
Comprehensive Plan Elements. The Urbanization Element defines the locational
factors that will be used to expand the UGB this year. The Commission
scheduled a public hearing for this Element in February.
IX. MAYOR'S REPORT
Mayor Williams reported that he attended:
The Medford Water Commission meeting.
The TRADCO meeting.
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City Council Minutes
January 10, 2019
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The Essential Training for Elected Official training in Grants Pass. This training was
provided by the League of Oregon Cities.
The Central Point Chamber Greeters at Key Bank.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
The Citizens Advisory Commission is scheduled to meet next week but two members
had to resign because of the upcoming discussion on the Urban Growth Boundary
expansion they may not have a quorum. We have received an application for the CAC
and he was able to interview Robin Stroh with Mr. Humphrey yesterday. They agree she
would be a good fit for the commission and would like to recommend a motion for tonight
so the Commission can proceed with its meeting next week.
Mike Parsons made a motion to appoint Robin Stroh to the Citizens Advisory
Commission.
The Citizen Survey letters hit customers this week. Currently 453 people have
completed the survey. We are pleased with the response so far and look forward to
seeing what the citizens have to say.
There will be a Study Session on Monday night where we will be discussing the
Financial Plan Update.
He had the opportunity to teach a class at the DIRT Camp this week.
There will be an executive session tonight to discuss real estate.
He had a meeting with RVSS to notify them that the city will be taking over the
management of the Storm Water Quality Program.
The other Cities Water Group is finalizing the water rights agreement in order to look at
water rights regionally. Staff will bring back an IGA at the next meeting.
XI. COUNCIL REPORTS
Council Member Kelley Johnson stated that she attended the LOC Elected officials
training in Grants Pass.
Council Member Brandon Thueson welcomed the new Council members and reported
that he attended the Community Christmas and Lights Parade in December.
Council Member Taneea Browning reported that:
She attended the LOC Training in Grants Pass with fellow Councilmembers Neil Olsen,
Kelley Johnson, and Mayor Hank Williams, it was fun traveling together.
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City Council Minutes
January 10, 2019
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She attended the open house for DIRT at Skyrman Arboretum on December 15th
followed by the DIRT Day camp on December 26 - January 4th. Campers were immersed
in outdoor education and actively participated in structure building, animal habitat and
behavioral studies along with free play and exploration. Research indicates children
between the ages of 7 and 14 need 7 positive male role models in their lives. Due to
societal pressures meeting this threshold can be difficult. DIRT’s goal in this regard is to
break down the barriers that keep people from participating in volunteerism. Making
opportunities available that can fit into anyone’s schedule. Our City Manager shared his
passion of the outdoors and nature with our campers by dazzling them with his mystical
duck calling skills and lanyard tying magic. She encouraged everyone to check out the
camp details and the new partnership with DIRT and Parks and Recreation at Skyrman
Arboretum.
She attended Greeters at Key Bank.
Fire District No. 3 had exemplar safety and insurance rating for the last year. The new
RCC and FD3 training building is nearly done, along with seismic wrapping. The ribbon
cutting for the new training station will be February 5th at 2 pm in White City.
Denim and Diamonds Award Banquet will be February 9, at 5:00 p.m. The Danielle Kelly
Soul Project will be performing. The dinner will provide steaks the size of your head.
Council Member Mike Parsons reported that he attended:
The LOC Training in Grants Pass.
The DIRT opening house at Skyrmann Park.
The Planning Commission meeting.
Council Member Neil Olsen reported that he attended the LOC training in Grants Pass.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
We now have staff trained and ready to take over the Storm Water Quality Program.
When this program was mandated by the state we were not prepared with crew or
equipment. We will be able to save money by having our staff perform the requirements
mandated by the state.
There may be a delay in completion of the Twin Creeks Rail Crossing. TY LIN has not
provided ODOT with digital construction drawings. The Department of Justice and the
City’s legal counsel will be sending certified letters that threaten legal action for breach
of contract if the situation is not taken care of soon.
Police Chief Kris Allison reported that:
The department has been busy so far this year. We have seen an increase in calls for
service so far this year.
Yesterday she attended a meeting with the Attorney General in regards to Unite Oregon.
There will be a Hate Crime bill before the legislature soon. She is in favor of this bill.
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City Council Minutes
January 10, 2019
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Community Development Director Tom Humphrey reported that:
He attended the kick off for this year’s Cheese Festival at the Rogue Creamery.
The EPA Grant nominees are on hold because of the government shut down. Hopefully
the Federal Government will reopen soon and we can proceed with these environmental
studies.
He has been asked to be on an interview panel at the Airport.
He is working with Councilwoman Browning on a BootCamp for downtown businesses.
Finance Director Steve Weber reported that:
The offer on 466 S. 1st Street been withdrawn. They were not able to get approval for
the project they had planned.
There will be an Audit presentation at the February 14, 2019 City Council meeting and
Development Commission meeting.
XIII. EXECUTIVE SESSION 192.660 (2) (e) Real Property Transactions
B. Motion to: Purchase of potential Public Works Corporation Yard on S. Haskell
Street
Neil Olsen moved to adjourn to Executive Session under ORS 192.660(2)(e) Real
Property Transactions. Mike Parsons seconded. All said “aye” and the meeting was
adjourned into Exec Session at 8:15 pm.
Council returned to regular session at 8:40 p.m.
Brandon Thueson moved to direct staff to pursue the purchase of potential Public
Works Corporation Yard on South Haskell Street.
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
XIV. ADJOURNMENT
Neil Oslen moved to Adjourn, Taneea Browning seconded. All said "aye" and the
meeting was adjourned at 8:43 p.m.
The foregoing minutes of the January 10, 2019, Council meeting were approved by the City
Council at its meeting of January 24, 2019.
Dated: _________________________
Mayor Hank Williams
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City of Central Point
City Council Minutes
January 10, 2019
Page 9
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: January 24, 2019
SUBJECT: Approval of Arbor Week Proclamation
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
Purpose: The proclamation illustrates the value of tree awareness and of Arbor Week in
Central Point.
Background: The Arbor Week proclamation is important to the City of Central Point in
that it will assist in securing recertification for the seventh year of the Tree City USA
designation for 2020. To qualify as a Tree City USA community, a town or city must
meet the required standards established by The Arbor Day Foundation and the National
Association of State Foresters. The standards help to ensure that every qualifying
community, no matter the size, has a viable tree management plan which includes the
celebration of Arbor Week. In addition to accomplishing Tree City USA goals,
establishing an Arbor Week celebration will help to raise awareness of the importance of
trees in Central Point, expand the tree canopy by planting additional trees, and enhance
the parks and open spaces where the trees are planted.
Recommendation: Approve the Arbor Week proclamation and join Central Point Parks and
Recreation Department in celebration of Arbor Week: April 7 - 13.
ATTACHMENTS:
1. ARBOR WEEK PROCLAMATION 2019
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ARBOR WEEK PROCLAMATION
WHEREAS, J. Sterling Morton proposed to the Nebraska Board of Agriculture in1872 that a special day be set aside for the planting of trees; and
WHEREAS, Arbor Day was first observed with the planting of more than a million trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, strengthen stream bank integrity, provide flood mitigation, and provide a habitat for wildlife; and
WHEREAS, trees are a renewable resource that provides paper, wood, fuel for our fires, and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal,
NOW, THEREFORE, I __________________________________ Mayor of the city of Central Point, do hereby proclaim April 7 – 13, 2019 as Arbor Week in the City of Central Point, and I urge all citizen to celebrate Arbor Week and to support efforts to protect our trees and woodland and
Futher, I urge all citizens to plant and care for trees to gladden the heart and promote the well-being of this and future generations.
Date this ______________ Day of ___________________ in the Year __________________
Mayor _______________________________________
6.B.a
Packet Pg. 13 Attachment: ARBOR WEEK PROCLAMATION 2019 (1093 : Arbor Week Proclamation)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: January 24, 2019
SUBJECT: Resolution No. _______, Approving Purchase & Sale Agreement - Snowy
Butte Station Property
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
City staff has been looking at various properties zoned industrial in the greater Central Point
area for the past two years for construction of a corporation yard. City Staff met with Daniel
Bunn of Investors II, LLC just prior to the Christmas holiday about the potential to purchase five
acres of land for a new corporation yard (located at South Haskell - site map attached). The
subject property is base zoned M-1 (Light Industrial) and has a TOD Corridor zoning of TOD-
GC, which is general commercial. Zoning requirements can be satisfied if proposed
development meets the requirement of either zoning designation. The M-1 zoning would be a
perfect match for the corporation yard, and the remaining four lots could be planned for
commercial/industrial or mixed-use, which would provide a buffer for the residences located to
the west of the subject property.
Council met in executive session on January 10, 2019 and directed staff to negotiate the terms
of a purchase and sale agreement with Investors II, LLC. Staff recommends a formal offer be
made pursuant to the purchase and sale agreement attached hereto, with such agreement
being subject to budget approval in the 2019-2021 budget cycle. City staff is seeking approval
of an offer to purchase the real property and recommends adoption of the purchase and sale
agreement attached hereto.
FINANCIAL ANALYSIS:
Staff will prepare the 2019-2021 FY budget to include the outright purchase of the subject
property from the city’s three primary enterprise funds (streets, water and storm water). In the
event the Urban Renewal Boundary is amended to include the 2-acres for mixed use, the
$400,000 related to the two acres would be repaid to the enterprise funds through an agreement
with the development commission. Alternatively, if the City retains those 2 acres, it would
reimburse the enterprise funds upon the sale of those lots.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A
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STAFF RECOMMENDATION:
Staff recommends the City Council move to approve the Resolution approving the purchase and
sale agreement.
RECOMMENDED MOTION:
I move to approve Resolution No. ____, a Resolution Approving an Offer to Purchase Real
Property located at South Haskell and Ash Street in Central Point, Jackson County Assessor’s
Map No. 372W10AD Tax Lots 700 and 798 and recommending approval of a Purchase and
Sale Agreement for such property.
ATTACHMENTS:
1. RESO - PSA Snowy Butte Station City-Investors II
2. Purchase Agreement - Bunn-CP
3. 235 S Haskell
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Res. No.___________; January 24, 2019 Page 1
RESOLUTION NO. _______
A RESOLUTION APPROVING AN OFFER TO PURCHASE REAL PROPERTY
LOCATED AT SOUTH HASKELL, CENTRAL POINT, JACKSON COUNTY
ASSESSOR’S MAP NO. 372W10AD TAX LOTS 700 AND 798 AND
RECOMMENDING ADOPTION OF A PURCHASE AND SALE AGREEMENT FOR
SUCH REAL PROPERTY
RECITALS:
A. Oregon Revised Statue Chapter 271 authorizes the City of Central Point to enter
into financial agreements for the purpose of acquiring real or personal property
that the City Council deems necessary.
B. The City of Central Point City Council has deemed the purchase of that real
property located at South Haskell and Ash Street in Central Point, Jackson County
Assessor’s Map No. 372W10AD Tax Lots 700 and 798 is in the best interest of
the City of Central Point in accordance with the goals established by the 2007City
of Central Point strategic plan.
The City of Central Point resolves:
Section 1. The attached purchase and sale agreement for the acquisition of real
property located at South Haskell and Ash Street in Central Point, Jackson County
Assessor’s Map No. 372W10AD Tax Lots 700 and 798 (the “Property”) is approved.
Section 2. The City Manager is hereby authorized, on behalf of the City and without
further action by the City Council, to make the offer to purchase the Property upon the
terms and conditions specified in the attached purchase and sale agreement which will
remain valid for a defined period, but shall become null and void if not executed by the
seller, on or before ________________________.
Section 3. The City Manager is hereby authorized, on behalf of the City and without
further action by the City Council, to execute the attached purchase and sale agreement
and to perform all necessary acts, sign all necessary documents, and complete any other
necessary matters in order to purchase the subject property.
Passed by the Council and signed by me in authentication of its passage this
_____ day of January, 2019.
__________________________
Mayor Hank Williams
9.A.a
Packet Pg. 16 Attachment: RESO - PSA Snowy Butte Station City-Investors II (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte
Res. No.___________; January 24, 2019 Page 2
ATTEST:
_____________________________
City Recorder
9.A.a
Packet Pg. 17 Attachment: RESO - PSA Snowy Butte Station City-Investors II (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 1 of 8
REAL ESTATE PURCHASE AND SALE AGREEMENT
DATE: _____________, 2019
BETWEEN: Investors II, LLC, (“Seller”)
an Oregon limited liability company,
2870 Nansen Drive
Medford, Oregon 97504
AND: City of Central Point, Oregon (“Purchaser”)
An Oregon municipal corporation
140 South Third Street
Central Point, Oregon 97502
RECITALS
A. Seller is the owner of certain real property located in Jackson County (City of
Central Point), Oregon, and commonly known as Township 37 South, Range 2 West, Section
10AD, Tax Lots 700 and 798 (collectively, “the subject property”). The subject property is
approximately 5.06 acres in size and is undeveloped. A more particular description of the
subject property is as follows:
Parcels 1 and 2 of PARTITION PLAT NO. P-33-2016, of Record of Partition
Plats in the City of Central Point, Jackson County, Oregon, and filed as
Survey No. 22068, Index Volume 27, Page 33, in the office of the County
Surveyor.
B. Seller desires to sell the subject property to Purchaser and Purchaser desires to
purchase the subject property from Seller.
AGREEMENT
In consideration of the mutual promises, covenants and undertakings of the parties herein
contained, the parties hereby agree as follows:
1. Recitals. The parties acknowledge and agree that the Recitals set forth above are
incorporated herein and deemed a material part of this Agreement.
2. Purchase Price. Seller agrees to sell and convey all of Seller’s right, title and
interest in the subject property to Purchaser and Purchaser agrees to buy the subject property
from Seller for the sum of One Million and No/100 Dollars ($1,000,000.00) (“the Purchase
Price”). The Purchase Price shall be paid as follows:
9.A.b
Packet Pg. 18 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 2 of 8
2.1 Earnest Money. Purchaser shall pay to Seller the sum of Twenty-Five
Thousand and No/100 Dollars ($25,000.00) as earnest money within five (5) business days of
the parties’ mutual execution of this Agreement (“the Earnest Money Payment”). The Earnest
Money Payment shall be applicable to the Purchase Price. The Earnest Money Payment shall be
nonrefundable except in the event of a breach of the terms of this Agreement by Seller or as
otherwise specifically provided herein. The Earnest Money Payment shall be made directly to
the Escrow Agent.
2.2 Remaining Balance. The remaining balance of the Purchase Price in the amount
of Nine Hundred Seventy-Five Thousand and No/100 Dollars ($975,000.00) shall be paid in
cash at Closing.
3. Title. Seller warrants and represents that Seller is the fee simple owner of the
subject property and that Seller has the right and authority to convey the subject property to
Purchaser free and clear of any other claims of title and subject only to encumbrances of record
and such recurring assessments and liens for real property taxes, irrigation districts or other
governmental or quasi-governmental entities. Seller shall convey title to the subject property by
Statutory Warranty Deed, properly executed and notarized conveying title to Purchaser. Seller,
at Seller’s sole expense, shall provide Purchaser with a standard owner’s title insurance policy in
the amount of the Purchase Price from Ticor Title Insurance located at 1555 East McAndrews
Road, Suite #100, Medford, Oregon, 97504 (“the Escrow Agent”). Purchaser, at Purchaser’s
sole expense, shall have the right to instruct the Escrow Agent to issue additional title insurance
endorsements desired by Purchaser. Upon complete execution of this Agreement, Seller, at
Seller=s sole expense, shall order a preliminary title report (ATitle Report@) from the Escrow
Agent with a copy of the Title Report being delivered to Purchaser. Purchaser shall have 15
business days from the date of Purchaser’s receipt of the Title Report in order to notify Seller in
writing of any exceptions unacceptable to Purchaser (AObjection Notice@). Seller shall notify
Purchaser of its intent to remove or not to remove the exceptions stated in the Objection Notice
within 10 business days of Seller=s receipt of the Objection Notice. Purchaser shall have no
obligation to close if the parties are unable to resolve title issues concerning the subject property
and the Earnest Money will be refunded to Purchaser. Purchaser=s failure to issue Seller the
Objection Notice within the time allowed will be deemed as Purchaser=s acceptance of the
exceptions to title set forth in the Title Report.
4. Due Diligence Contingency. Purchaser’s purchase of the subject property is
contingent upon Purchaser’s inspection, review and approval of the physical condition of the
subject property, including, but not limited to, title matters, the physical and environmental
condition of the subject property, an appraisal, governmental regulations affecting the subject
property, and all matters that bind the subject property or will affect its use (“the Due Diligence
Contingency”). Purchaser shall provide Seller prior written notice of any intended physical
testing to be conducted on the subject property. In the event of physical testing conducted on the
subject property, Purchaser, at Purchaser’s sole expense, shall cause the subject property to be
restored to its original condition unless such requirement is waived in writing by Seller. To
assist Purchaser in the due diligence process, Seller shall make arrangements to provide
Purchaser with all non-confidential information relating to the subject property as soon as
9.A.b
Packet Pg. 19 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 3 of 8
practical. Purchaser shall give written notice to Seller no later than 5:00 p.m. on the 60th day
following the date of this Agreement of Purchaser’s intent to remove or not to remove the Due
Diligence Contingency. In the event no written notice is given to Seller within the time allowed,
this Agreement shall be deemed terminated and Seller shall promptly instruct Escrow Agent to
refund the Earnest Money to Purchaser.
5. City Council Contingency. The purchase of the subject property is contingent
upon the Central Point City Council adopting the 2019-2021 biennial budget with a specific
allocation of designated funds for the purchase of the subject property in accordance with the
terms of this Agreement (“the Budget Contingency”). In the event the Budget Contingency is
not met prior to Closing, this Agreement shall be deemed terminated and Seller shall promptly
instruct Escrow Agent to refund the Earnest Money to Purchaser.
6. Conditions of Access. Seller grants Purchaser access onto the subject property
for the limited purpose of allowing Purchaser to conduct inspections and prepare plans for the
future development of the subject property. In consideration for Seller providing Purchaser such
access to the subject property, Purchaser hereby agrees to indemnify and hold Seller harmless,
including the reasonable cost of Seller’s legal defense, from any claim for personal injury,
property damage or any other action by Purchaser or Purchaser’s contractors, agents and
representatives relating to any activities on the subject property by Purchaser, Purchaser’s
contractors, agents or representatives.
7. As Is. Except as otherwise stated herein, the parties hereby acknowledge and
agree that this is an “AS IS” transaction and, except as otherwise expressly stated herein, Seller
makes no representations or warranties as to the condition of subject property, or its fitness for a
particular purpose.
8. Due Performance. Due performance of the terms, conditions, and agreements of
this Agreement to be performed by a party and the accuracy of the representations and warranties
of each as of the Closing Date is a condition to closing by the other party. Such performance
shall include, without limitation, execution and delivery in proper form of all of the documents
required hereunder to be delivered on the Closing Date and the rendering of all other
performances and undertakings contemplated hereunder.
9. Closing. Closing shall occur on July 2, 2019 (“Closing Date”) at the offices of
the Escrow Agent.
10. Casualty and Condemnation.
10.1 Casualty or Condemnation. In the event of threatened or actual condemnation
of a material portion of the subject property prior to the Closing Date, at Purchaser’s option,
Purchaser may elect to proceed with the purchase of the subject property, or may terminate this
Agreement by written notice to Seller provided within ten (10) days after Purchaser’s receipt of
written notice of the occurrence of such threatened or actual condemnation. In the event
Purchaser elects to terminate this Agreement, the Earnest Money Payment shall be refunded to
Purchaser, and neither party shall have any further rights, liabilities or obligations hereunder.
9.A.b
Packet Pg. 20 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 4 of 8
10.2 Election to Close. If Purchaser elects to proceed with the purchase of the subject
property despite a condemnation action, then upon Closing, all condemnation proceeds shall be
paid towards payment of the Purchase Price. The Purchase Price shall not be reduced, Purchaser
shall have no claim against Seller relating to such condemnation other than any claim relating to
the delivery of any condemnation proceeds and Purchaser shall acquire the subject property at
Closing in its then condition.
10.3 Risk of Loss. Except as otherwise provided herein, the risk of loss prior to
Closing rests with Seller.
11. Closing Provisions.
11.1 Closing. This purchase and sale transaction shall be closed on the Closing Date,
unless otherwise extended pursuant to mutual agreement of the parties, at the offices of the
Escrow Agent.
11.2 Funds and Documents.
11.2.1 Purchaser's Funds and Documents. On or before the Closing Date, Purchaser
shall cause to be delivered to the Escrow Agent, for delivery to Seller on the Closing Date, each
of the following:
(a) The sums specified in Section 2 herein, which sums are payable in cash,
by certified or cashier's check, wire transfer, or otherwise immediately available federal funds.
(b) All funds required of Purchaser by reason of the prorations and
adjustments described herein and the obligations of Purchaser for costs and expenses as set forth
herein.
(c) All documents required pursuant to this Agreement, properly executed by
Purchaser.
11.2.2 Seller=s Documents. On or before the Closing Date, Seller shall cause to be
delivered to the Escrow Agent, for delivery to Purchaser on the Closing Date, each of the
following:
(a) Any funds necessary to satisfy Seller’s obligations arising from the
prorations and adjustments described herein and for costs and expenses as set forth herein, if any.
(b) All documents required pursuant to this Agreement, properly executed by
Seller.
11.3 Adjustments and Prorations on Closing. Seller and Purchaser understand that
certain items will need to be prorated among the parties at Closing including, but not limited to
9.A.b
Packet Pg. 21 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 5 of 8
real property taxes, if any. Real estate taxes payable for the current year, if any, shall be prorated
on the Closing Date between the Seller and the Purchaser.
11.4 Costs of Closing.
11.4.1 Seller=s Costs and Expenses. At Closing, Seller shall pay (i) one-half (2) of the
Escrow Agent's fee; (ii) the premium for an Owner's standard title insurance policy in the amount
of the Purchase Price; (iii) all recording and miscellaneous charges customarily attributable to a
Seller in similar transactions; and (iv) attorney fees incurred by Seller with respect to negotiating
this Agreement, if any.
11.4.2 Purchaser’s Costs and Expenses. At Closing, Purchaser shall pay (i) one-half
(2) of the Escrow Agent’s Fee; (ii) any premium for additional title insurance endorsements
desired by Purchaser over and above those provided by a standard title insurance policy (iii) all
recording and miscellaneous charges customarily attributable to purchasers in similar
transactions; and (iv) all attorneys' fees incurred by Purchaser with respect to negotiating this
Agreement, if any.
12. Remedies.
12.1 Seller’s Breach. If Seller breaches this Agreement or fails to close the sale
contemplated hereby through no fault of Purchaser, Purchaser shall be entitled to a refund of the
Earnest Money Payment or DAMAGES, SPECIFIC PERFORMANCE OR OTHER
INJUNCTIVE OR EQUITABLE RELIEF.
12.2 Purchaser’s Breach. If Purchaser breaches this Agreement and fails to close the
sale contemplated hereby through no fault of Seller, Seller shall be entitled to retention of the
Earnest Money Payment.
13. Brokerage Fees. No real estate brokerage fee or commission is owing in
conjunction with this transaction.
14. Miscellaneous Provisions.
14.1 Assignment. The parties’ rights and obligations under this Agreement shall not
be assigned to any third party without the other party’s prior written consent.
14.2 Possession. Purchaser shall be entitled to possession of the subject property on
the Closing Date.
14.3 Attorneys’ Fees. In any proceeding brought to enforce this Agreement or to
determine the rights of the parties under this Agreement, the prevailing party shall be entitled to
collect, in addition to any judgment awarded by a court, its reasonable attorney fees incurred, and
all costs and expenses incurred in connection with such a lawsuit, including attorney fees,
expenses of litigation, and costs of appeal. For purposes of this Agreement, the prevailing party
shall be that party in whose favor final judgment is rendered or who substantially prevails, if
9.A.b
Packet Pg. 22 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 6 of 8
both parties are awarded judgment. The term “proceeding” shall mean and include arbitration,
administrative, bankruptcy, and judicial proceedings including appeals.
14.4 Notices. Notices under this Agreement shall be in writing and shall be effective
when actually delivered by hand delivery, electronic correspondence or United States mail
directed to the other party at the address set forth below, or to such other address as the party
may indicate by written notice to the other:
Seller:
Investors II, LLC
c/o Daniel Bunn
2870 Nansen Drive
Medford, Oregon 97504
daniel@rubicon-investments.com
and
Tim Willis
P.O. Box 2130
Corvallis, Oregon 97339-2130
tim@rubicon-investments.com
Purchaser:
City of Central Point
c/o Chris Clayton
140 South Third Street
Central Point, Oregon 97502
chris.clayton@centralpointoregon.gov
and
Daniel O’Connor
Huycke O'Connor Jarvis, LLP
823 Alder Creek Drive,
Medford, Oregon 97504
dano@medfordlaw.net
14.5 Amendment. This Agreement may be amended only by written instrument
executed by Seller and Purchaser.
14.6 Representations and Warranties. All representations and warranties made
herein shall survive Closing.
14.7 Entire Understanding. This Agreement, and the documents incorporated herein,
consists of the entire Agreement between the parties with relation to the conveyance of the
subject property.
9.A.b
Packet Pg. 23 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 7 of 8
14.8 Time of Essence. Time is of the essence of this Agreement.
14.9 Applicable law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14.10 Counterparts. This Agreement may be executed by the parties in separate
counterparts. For the purposes of this Agreement, a facsimile or electronic copy of a signature
shall have the same force and effect as an original signature.
14.11 Statutory Disclaimer.
THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE
WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES.
THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS
THAT, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED
IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS
INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO
VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A
LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS
92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR
PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR
STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF
NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,
195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON
LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set
forth below.
SELLER:
INVESTORS II, LLC:
9.A.b
Packet Pg. 24 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
PURCHASE AND SALE AGREEMENT
CENTRAL POINT, OREGON
Page 8 of 8
Date: , 2019 _________________________________
By: ___________________
Its: ___________________
PURCHASER:
CITY OF CENTRAL POINT:
Date: , 2019 _________________________________
By: ___________________
Its: ___________________
9.A.b
Packet Pg. 25 Attachment: Purchase Agreement - Bunn-CP (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
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9.A.c
Packet Pg. 26 Attachment: 235 S Haskell (1092 : Resolution to Approve Purchase & Sale Agreement - Snowy Butte Station Property)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: January 24, 2019
SUBJECT: First Reading, An Ordinance Amending in Part and Repealing in Part
Weed Abatement Code
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION: Given the increase in fire danger, and the recent
Penninger Road fire this past summer, staff was directed to review the City’s weed
abatement code to ensure it provides the fire department sufficient tools to deal with
urban fire danger. The proposed revisions to the weed abatement code would
increase the city’s tools as follows: 1) The revised ordinance creates a designated
fire season of June 1 to October 31 to more easily inform City residents of when the
fire restrictions automatically go into place; 2) The code also allows the fire marshal
to specifically identify fire hazards outside fire season and notify owners of same; 3)
The revised ordinance permits the City manager to publish a notice in the paper of
general circulation in addition to, or in lieu of individual notices. In the event the City
relies upon the newspaper publication, it much provide owners additional time to
remove the weeds than in the case of personal notice; 4) Owners or persons deemed
in violation of the code will receive a notice advising them of the fire hazard, the
timeframe to clean it up, and notice that if they don’t rectify the problem within the
specified time, the city may abate the nuisance and charge the owner the actual
clean-up costs plus a specified cost of administration. That cost of administration will
be included in the notice. 5) Owners or persons in control have 10-days to challenge
that notice by written arguments to the City manager; 6) The City manager will have
15-days to rule on the matter and will provide his final decision to the owners in
writing; 7) The owners or persons in control may appeal that decision to Council; 8)
If the Council determines that the hazard must be rectified, and the owner or person
in control fails to do so, the City may abate the nuisance and enter the costs of such
abatement in the City’s lien docket. This is a change from prior versions of the code
which then required a second notice to be issued to the owner and a second hearing
to challenge those costs. In addition, owners of lots larger than 1 acre are subject to
9.B
Packet Pg. 27
additional abatement requirements, as well as increased fire breaks for properties
abutting subdivisions.
FINANCIAL ANALYSIS: The proposed amendments should not substantially
change current weed abatement expenditures or revenues.
LEGAL ANALYSIS: The proposed amendments provide a legal, streamlined,
process that offers additional resources for City Staff when confronting weed
abatement related issues.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: 2020 Strategic Plan Goal 2 -
Build City pride and positive image; Strategy (e) Review current codes in use for
development and improvement. Revise as necessary to create “healthy
neighborhoods”. Enforce codes in older established neighborhoods. 2020 Strategic
Plan Value - Public Safety: We value a professional service oriented public safety
policy that promotes a sense of safety and security in our city
STAFF RECOMMENDATION: Given previous direction from City Council on the
issue of weed abatement, city staff is recommending approval of the first reading of
the proposed amendments.
RECOMMENDED MOTION: I move to approve the first reading of an ordinance-
amending in part and repealing in part-the Central Point We Abatement Code.
ATTACHMENTS:
1. Weed Abatement Example
2. ORD - Weed Abatement Revised-0001
9.B
Packet Pg. 28
Before the Municipal Court
of the
City of Central Point
IN THE MATTER OF:
Carter Investments Llc
CPMC Case # 18-6
Respondent
ADMINISTRATIVE CITATION
*********************
PURSUANT TO THE AUTHORITY granted by Central Point City Charter § 4, 16, & 34, which empowers the
City of Central Point to issue a citation upon any property owner whose property is reasonably believed to be in
violation of any ordinance listed in the Central Point Municipal Code, as amended, it appears, upon information and
belief, that you are in violation of the Weed Abatement, Central Point Municipal Code § 8.08 et seq. In particular, the
City of Central Point alleges:
(Count #1) That on or about 5/2/2018, the real property located at 118 N 5th St., Tax Lot 372W02CC 900 was found to
have grass, weeds, brush or bushes or any like vegetation over a height of ten inches between the dates of April 20th
and October 15th. (Fine: $$500.00)
THIS CITATION ISSUED on this date 5/2/2018
________________________________________
Wayne Evans, Community Services Officer
City of Central Point
THIS CITATION CAN BE DISMISSED! - PLEASE READ REVERSE SIDE
Carter Investments Llc
5050 36th Ave Se
Central Point, Or 97502
For Official Use:
Certified Mail # 70180360000066389467
9.B.a
Packet Pg. 29 Attachment: Weed Abatement Example (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
City of Central Point, Oregon
140 S 3rd Street, Central Point, OR 97502
541.664.3321 Fax 541.664.6384
www.centralpointoregon.gov
Administration Department
Chris Clayton, City Manager
Deanna Casey, City Recorder
Sydnee Dreyer, City Attorney
IMPORTANT NOTICE – Weed Abatement Action Needed
Dear Property Owner:
We are contacting you because the city’s code enforcement officer has determined that your property is in violation of the
weed abatement requirements of the City of Central Point Municipal Code Chapter 8.08. This letter accompanies a
Administrative Citation issued by the City of Central Point Police Department in accordance with the municipal code.
Please carefully read this letter and the enclosed citation. This letter outlines steps you must take to clean-up your property
and to avoid an assessment of fees if the city performs the clean-up.
This citation can be dismissed if the listed property is brought into compliance prior to 5:00 pm on the
15th day from the date of this letter. If you fail to comply a fine will be imposed and the fees set forth
below will be assessed.
After this date/time, the citation becomes fully enforceable and the City of Central Point Public Works Department will
arrange for removal of the unlawful growth as described in Municipal Code. 8.08.020.1(c). The fees for removal are based
on the size of the property and follow the schedule below:
The Fee Schedule is:
0.00 to 0.50 Acres = $500.00
0.51 to 1.00 Acres = $1,000.00
1.01 to 2.00 Acres = $2,000.00
Above 2.01 Acres = Cost of contractor plus $2,000.00
If these fees are not paid, a lien will be filed against the property and will accrue interest at the rate of 7% per year from
date of entry until paid.
In the event that the obligations set forth by the City’s Municipal Code present unusual hardship to comply, an appeal may
be made (in writing) within 10 days of the date of this letter to the City Manager for an extension of time or relief of the
obligation to clean the property. The appeal must include the facts which outline the hardship on the petitioner. The City
Manager will then determine if an unnecessary hardship does apply, and may grant an extension of time or relief from the
obligation.
Sincerely,
Chris Clayton, City Manager
City of Central Point, Oregon
9.B.a
Packet Pg. 30 Attachment: Weed Abatement Example (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
ORDINANCE NO. _____
AN ORDINANCE AMENDING IN PART AND REPEALING IN PART THE CENTRAL POINT
MUNICIPAL CODE SECTIONS 8.08.010 THROUGH 8.08.040 REGARDING WEED
ABATEMENT
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 8.08 Weed Abatement is advisable to
provide additional notice options, clarify terms, and more clearly define the
process for weed abatement.
C. In particular, the amended provisions set forth the weed abatement season;
allow for general notice of weed abatement to be published in the local
newspaper; allow the fire marshal to declare fire hazards outside the weed
abatement season, and removes the need for a second notice of assessment
making the lien process more streamlined in the event the City is required to
abate the weeds.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.08.005 through 8.08.020 are amended in part and repealed in as set
forth below hereto and incorporated herein by reference.
Chapter 8.08
WEED ABATEMENT
Sections:
8.08.005 Purpose and Scope
8.08.007 Definitions
8.08.010 Nuisance described--Offense punishable.
8.08.020 Notice and Abatement Proceedings.
8.08.030 Assessment of costs.
8.08.040 Penalty.
8.08.005 Purpose and Scope.
9.B.b
Packet Pg. 31 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
The uncontrolled growth of high grass, weeds, brush, and other like vegetation on property in city
areas causes:
1. A fire hazard endangering people and property;
2. An interference with the use and enjoyment of other properties by propagating
noxious weeds and causing them to spread; and
3. A health hazard by furnishing an area for the breeding of vermin and by generating
irritants. Therefore, permitting such uncontrolled growth is unreasonable and
unnecessary in an urban area and constitutes a public nuisance. Any person who
owns and has the right to control real property assumes no obligation to the rest of the
community and is therefore chargeable with knowledge of the growth of vegetation on
that property and has a duty to remove any nuisance which reasonable inspection
would reveal.
8.08.007 Definitions.
For purposes of Sections 8.08.010 to 8.08.020, the following definitions shall apply:
“Owner” Any person with an ownership interest or with any leasehold or other possessory
interest, of record or otherwise, which gives said person, either alone or jointly with others, a right
to occupy, possess, or control real property. In any event, any person who appears as owner on
the records of the county assessor shall be presumed to be one of the owners of the property, but
such presumption may be rebutted.
“Person” Any natural person, partnership, corporation or other legal entity.
“Occupant” Any person in lawful possession, or with a lawful right to store or keep personal
property on, any real property or, in case of corporate ownership, that officer, employee, or agent
of a corporate owner having the authority or duty to control or operate the property on behalf of
the corporation.
8.08.010 Nuisance described--Offense punishable.
A. Except as provided in subsection (C) hereof, it It shall be unlawful and a public nuisance for any
owner or occupant of real property in Central Point to allow grass, weeds, brush or bushes or any like
vegetation over a height of ten inches to remain upon such real property during the period from June 1
to October 31 in each calendar year, or at any other time prior to June 1 or after October 31, if the
fire marshal determines that such growth constitutes a fire hazard. In the event the fire marshal
determines there exists a fire hazard prior to June 1 or after October 31, the owner or occupant
shall be notified in writing as provided in the notice provisions of section 8.08.0010(B).; provided,
that this shall not apply to ornamental shrubs, bushes or other like vegetation maintained and kept in a
landscaped yard or place, or any crop grown and maintained for agricultural purposes or grass or other
9.B.b
Packet Pg. 32 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
like vegetation grown and maintained for pasturage upon property fenced, zoned and otherwise lawfully
used for said purpose.
1. Properties Less than One Acre in Size: Weeds and grass on the entire property shall
be disked, cut or removed.
2. Properties More than One Acre in Size: Firebreaks may be considered acceptable as
an alternative to clearing the entire parcel. Minimum 30' wide firebreaks shall be provided
around the perimeter of the property and the area shall be divided into maximum 2.5 acre
parcels with minimum 30' wide cross-breaks. In addition, minimum 100' firebreaks are
required adjacent to improved subdivisions/properties (Road width may be considered
part of the 100' firebreak).
3. Unmaintained Agricultural Properties: Minimum 30' wide firebreaks shall be
maintained along the perimeter from the edge of road. In addition, minimum 100' wide
firebreaks adjacent to improved subdivisions/properties (Road width may be considered
part of the 100' firebreak).
4. Improved Subdivisions (streets in but structures not yet built): Each lot is required
by ordinance to be cut.
5. Structures in Hillside Areas: Minimum 100’ firebreaks (defensible space) shall be
provided around the perimeter of the structure.
B. Violation of subsection (A) of this section constitutes a violation.
C. The provisions of subsection (A) of this chapter shall not apply to the following:
1. Ornamental shrubs, bushes or other like vegetation maintained and kept in a
landscaped yard or place;
2. Any crop grown and maintained for agricultural purposes;
3. Grass or other like vegetation grown and maintained for pasturage upon property
fenced, zoned and otherwise lawfully used for said purpose; or
4. To any “natural area” within a Central Point public park. As used herein, “natural area”
shall mean any park or portion thereof preserved in its native state and approved in
writing by the Central Point Parks Department. Prior to approving any natural area, the
Central Point Parks Department shall solicit and comply with any order of the Fire Marshal
concerning the elimination or reduction of a fire hazard.
9.B.b
Packet Pg. 33 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
D.B. Each day during which such condition is unlawfully permitted to exist after notice has been given in
the manner prescribed by this chapter is a separate offense punishable in the manner prescribed by
Section 1.16.010 of this Code this chapter; provided, that the condition shall be deemed a nuisance
and, in addition to the foregoing remedy, may be abated by the city in the manner hereinafter prescribed,
and the cost of abatement assessed as a lien against the property, and subject to foreclosure in the same
manner and to the same effect as in the case of special benefit assessment liens.
8.08.020 Notice and Abatement--Proceedings.
A. Each year, the city manager may cause to be published in a newspaper of general circulation
within the City of Central Point, Oregon, a public notice that conditions prescribed in section
8.08.010(A) constitute a public nuisance and directing that all growth which would constitute such
a nuisance be cut or removed within 30 days from the date of publication of the notice.
B.A. Whenever a condition prohibited by Section 8.08.010 (A) is found to exist, the code enforcement
officer may give notice to the owners and occupants of the property by causing the same to be sent by
mail to such persons as are sought to be charged, at their last known address, or if the mailing address of
any owner or occupant is not known to the city, it shall be sufficient for the purpose of charging such
person that the notice be addressed and sent in care of the person appearing as owner on the records of
the county assessor of Jackson County. The notice:
1. Shall be directed to all persons shown on the assessor’s records or otherwise known to the city
to be owners and occupants, whether corporate or otherwise;
2. Shall refer to the premises involved with convenient certainty, the street address, if any, being
sufficient;
3. Shall notify the addressees to remove the unlawful growth within fifteen (15) days from the date
of mailing; and
4. Shall instruct them to comply therewith within fifteen days from the date of mailing.
5. The notice shall further inform the owners and occupants that, if the condition is not corrected
within the said period of time, the owners and occupants may be prosecuted for violation. If public notice
has been published pursuant to subsection (A) herein, the mailed notice shall further state that
unless the unlawful growth is removed within 30 days after the publication of said notice or 15 The
mailed notice shall further state that unless the unlawful growth is removed within fifteen days after the
date of the mailed notice, whichever is later, the city may cause the unlawful growth to be cut or
9.B.b
Packet Pg. 34 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
removed from the premises and will charge the costs thereof, including the costs of administration set
forth in therein, to the owners and occupants and make the same a lien against the property.
C.B. Any owner or occupant may, at any time before such owner becomes in violation, or, if notice
has been mailed to said owner or occupant under subsection (B) hereof, within 10 dayswithin ten
days after service of the notice is mailed, described in subsection A of this section, appeal to the city
manager for relief by filing a petition with the manager. may file with the city recorder a written
statement which shall specify the basis for contending that no nuisance exists. The statement
shall be referred to the city manager, who shall thereupon determine whether a nuisance in fact
exists. The petition written statement shall include the facts upon which the owner or occupant
petitioner relies for relief from the obligations of this chapter in relation to the property. If the city manager
finds that it would work a real and unnecessary hardship upon the owner or occupant petitioner to
comply with the terms of this chapter, then the city manager may relieve said person the petitioner of the
obligations of the chapter in relation to the particular property, but nothing therein shall be construed as
obligating the city to remove or abate the nuisance without charging the cost as a lien against the said
property. The city manager will mail a decision to the owner or occupant within 15-days of the
City’s receipt of such written statement. The owner or owner's agent may appeal the city
manager's findings to the City Council. A written notice of appeal shall be filed with the city
recorder within ten (10) days after the city manager's decision is mailed. The city recorder shall
set the matter for public hearing at the next regular meeting of the City Council. If the City Council
determines that a nuisance exists, the owner or owner's agent shall abate the nuisance within ten
(10) days of the Council's decision; or the nuisance shall be abated by the City in the manner
provided in subsection (D).
D.C. If the condition is not corrected within the time limit and no relief has been granted, the city may
cause the nuisance to be abated by removing the grass, weeds, brush, bushes or like vegetation from the
property, or so much thereof as the city manager may determine to be necessary to remove the hazard to
abutting property. The city manager shall maintain an accurate record of the expenses incurred by
the City in removing the unlawful growth and shall include an abatement fee, which is established
by resolution, for costs of administration. The total cost, including said costs of administration,
shall thereafter be assessed against the property owner(s) and may be entered in the docket of
City liens not less than 30 days after the mailing of the notice provided in subsection (B).
Abatement fees shall be established by resolution and reviewed annually. The total cost, including said
overhead, shall thereafter be assessed as a lien against the property as provided in Section 8.08.030.
E. If a lien is filed, the lien shall be enforced in the same manner as liens for special assessments
in Chapter 11.04.070, and shall bear interest at the rate established for special assessments per
9.B.b
Packet Pg. 35 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
Chapter 11.04.080, beginning 10 days after the entry of the lien in the lien docket. An error in the
name of the owner or occupant shall not void the lien and it shall remain a valid lien against the
property.
D. The above remedy shall not be exclusive and, in addition to proceeding by abatement, the city may
proceed against the responsible owner or occupant in city court in the manner prescribed by law, or, if the
condition is permanent, substantial or continuing, may proceed by suit in equity for mandatory injunction
or such other relief as may be afforded by a court of equity. (Ord. 1952 §1, 2011; Ord. 1420 §2, 1981;
Ord. 1071 §2, 1972).
8.08.030 Assessment of costs. (Repealed by Ord. No. ________)
After the city has abated an unlawful growth by removal thereof and arrived at the total cost as prescribed
by resolution, the city shall mail a notice of assessment to the owner and occupant of the property from
which the city has abated the nuisance. The notice shall be addressed to the owners and occupants at
the address shown in the office of the county assessor for said property and, if different, to the street
address, if any, of the property. The notice shall contain:
A. A statement of the total cost, as defined in Section 8.08.020(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty days;
C. A statement that if the owner or occupant objects to the cost, as stated, he may file a written notice of
objection with the city recorder within ten days from the date of mailing the notice. Upon the expiration of
ten days after the date of mailing the notice, objections to the proposed assessment shall be heard and
determined by the city council within thirty days of the filing of the written notice. An assessment for the
total cost of cutting or removal shall be determined by the city council and made by resolution and shall
thereupon be entered in the docket of city liens and then shall constitute a lien against the property from
which the unlawful growth was removed. The liens shall bear interest at the rate of seven percent per
year from the date of entry in the lien docket and shall be enforced in the same manner as in the case of
liens for street improvements. An error in the name of the owner or occupant shall not void the lien nor
will a failure to receive notice of the assessment render it void, but it shall nevertheless remain a valid lien
against the property. (Ord. 1952 §2, 2011; Ord. 1071 §3, 1972).
8.08.040 Penalty. (Repealed by Ord. No. ________)
Violation of the terms of this chapter shall be punishable upon conviction under the general penalty
ordinance. (Ord. 1716 §11, 1995; Ord. 1071 §4, 1972).
9.B.b
Packet Pg. 36 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. 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
_____________ 2019.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
9.B.b
Packet Pg. 37 Attachment: ORD - Weed Abatement Revised-0001 (1081 : An Ordinance Amending in Part and Repealing in Part the Weed Abatement Code)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: January 24, 2019
SUBJECT: Resolution No. _________, Authorizing Cooperative Agreement Water
Rights IGA
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Over the past several months, the “other cites” water workgroup (formerly known as the cities
water coalition) has been developing a cooperative agreement regarding water right strategy.
More specifically, the participating agencies are in alignment/agreement on the need to develop
a global water right strategy for the entire region (area served by the Medford Water
Commission).
The benefit of developing a global water right strategy arises from the need to maximize the
currently owned water rights (each agency currently owns individual water rights for their current
and future needs) and collectively acquire future water rights based on the needs of the
region—versus the individual needs of each jurisdiction. Accomplishing these objectives will
minimize the ultimate cost to regional ratepayers, and ensure that necessary, regional, water
rights are secured for the foreseeable future.
The proposed cooperative agreement commits all participating agencies—including Central
Point—to working with a water rights consultant (GSI) to develop a regional strategy. It does
not, however, commit any of the participating agencies to the implementation of the consultant’s
ultimate recommendations. The process of implementing and adopting the consultant’s
recommendations will involve a subsequent process that culminates with each individual
agency’s policymakers considering, and possibly adopting, the recommended regional strategy.
FINANCIAL ANALYSIS:
As described in “Exhibit B” of the proposed cooperative agreement, each participating is
responsible for funding their calculated portion of the water rights consultant's project scope/fee
proposal. The listed cost allocations were derived based on population according to the 2015
Portland State University population projections. In Central Point’s case, the total cost for
developing the regional water rights strategy is calculated at $10,277. This amount will be paid
from the City’s water fund.
9.C
Packet Pg. 38
LEGAL ANALYSIS:
The proposed cooperative agreement has been review by Central Point’s legal counsel.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Goal 1- Build strong relationships between government and its citizens. Strategies: (b)
Collaborate with other governmental agencies, public and private enterprises, pooling
resources.
STAFF RECOMMENDATION:
Staff recommends approval of the cooperative agreement for developing a water right strategy
for access to water among Medford Water Commission, City of Ashland, City of Central Point,
City of Eagle Point, City of Jacksonville, City of Phoenix, and City of Talent.
RECOMMENDED MOTION:
I move to approve Resolution Number_____approving a cooperative agreement for developing
a water right strategy for access to water among Medford Water Commission, City of Ashland,
City of Central Point, City of Eagle Point, City of Jacksonville, City of Phoenix, and City of
Talent.
ATTACHMENTS:
1. 0124 Resolution IGA Water Rights
2. 0124 IGA Agreement Water Rights
9.C
Packet Pg. 39
Res. No.___________; January ___, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE
AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO
WATER AMONG MEDFORD WATER COMMISSION, AND THE CITIES OF ASHLAND,
CENTRAL POINT, EAGLE POINT, JACKSONVILLE, PHOENIX AND TALENT
Recitals:
A. Medford Water Commission (MWC) and the cities of Central Point, Ashland, Eagle Point,
Jacksonville, Phoenix and Talent (collectively the “Cities”) recognize the importance of providing
a reliable source of water to their respective customers and constituents;
B. MWC and the Cities desire to work together to document the current understanding of water
rights between the parties and to coordinate a Water Rights Strategy (WRS) to improve current
and long-term reliability of individual and collective water supplies;
C. The parties desire to enter into a cooperative agreement to lay out options for all parties to
move forward with securing and allocating water supplies that may be in the best interest of the
region as a whole, but will not bind the parties to any particular action;
D. In the event the parties successfully develop a WRS, they would then negotiate a second IGA to
guide the adoption, implementation, and management of the WRS moving forward.
E. The City Council finds it is in the best interest of the City to work with the region in developing a
WRS, and to pay the City’s proportionate share of such costs as provided in said cooperative
agreement.
The City of Central Point resolves as follows:
Section 1. The City Manager is authorized to to execute the Cooperative Agreement for Developing a
Water Right Strategy attached hereto as Exhibit “A” and to execute such further documents as
necessary to effectuate this agreement.
Passed by the Council and signed by me in authentication of its passage this _____ day of
January, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.C.a
Packet Pg. 40 Attachment: 0124 Resolution IGA Water Rights (1091 : Cooperative Agreement Water Rights IGA)
P a g e | 1of 4
COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER AMONG
MEDFORD WATER COMMISSION, CITY OF ASHLAND, CITY OF CENTRAL POINT, CITY OF EAGLE POINT, CIW OF
JACKSONVILLE, CITY OF PHOENIX, AND CITY OF TALENT
This cooperat¡ve agreement (hereinafter "Agreement") is by and among Medford Water Commission and the
Cities of Ashland, Central Point, Eagle Point, Jacksonville, Phoenix, and Talent, hereinafter PARTNERS when
referred to collectively and MWC, ASHLAND, CENTRAL POINT, EAGLE POINT,IACKSONVILLE, PHOENtX, and
TALENT when referred to individually.
RECITALS
A. The PARTNERS all own and operate water systems that supply water to their respective customers;
B. The PARTNERS recognize the vital importance of providing a reliable source of water to all their respective
customers for public health, safety, and welfare and for sustaining economic development;
C. The PARTNERS value the important role each utility plays in meeting the water supply needs of the Rogue
Valley Region (RVR);
D. The PARTNERS enter this agreement in a spirit of good will and mutual cooperation, with the
understanding that coordinating a Water Right Strategy (WRS) will improve the current and long-term
reliability of individual and collective water supplies and is in the highest public interest;
E. The PARTNERS understand that the WRS will document the current understanding of the water rights
held by the jurisdictions in the RVR, and provide options to the PARTNERS on how to move fonruard with
securing and allocating water supplies for the RVR that may be in the best interests of the Region as a
whole, but it will not bind PARTNERS to any particular direction or action; and
F. The PARTNERS recognize that developing a WRS is the first step and that a second step of adopting a WRS
would require a second IGA that would then guide the adoption, implementation, and management of
the WRS moving forward. lt is understood that a second step may not be possible if there is not
agreement on how to move forward with the WRS
G. The PARTNERS are willing to fund development of a WRS. .
AGREEMENT
The PARTNERS agree to the following:
I. RECITALS/PURPOSE
The above recitals are true and correct and are specifically adopted and incorporated herein as the
purpose of this Agreement.
II. DEFINITIONS
A. ASHLAND means City of Ashland.
B. CENTRAL POINT means City of Central Point.
C. EAGLE POINT means City of Eagle Point.
D. JACKSONVILLE means City of Jacksonville.
E. MWC means Medford Water Commission.
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WAfER RIGHT STRATEGY FOR ACCESS TO WATER
9.C.b
Packet Pg. 41 Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
P a g e 12o14
F. OWRD means the Oregon Water Resources Department.
G. PARTNERS means collectively the Medford Water Commission and the Cities of Ashland, Central
Point, Eagle Point, Jacksonville, Phoenix, and Talent.
H. PHOENIX means City of Phoenix.
l. RVR is an abbreviation for Rogue Valley Region.
J. STEERING COMMITTEE means a group comprised of at least a single voting representative from
each of the PARTNERS. The Steering Committee function will be to oversee the implementation of
this Agreement, to facilitate changes to it necessary to ensure its continued effectiveness in
meeting the needs of the PARTNERS and to settle differences in interpretation of its provisions
and execution.
K. TALENT means City of Talent.
L. WRS is an abbreviation for Water Right Strategy.
III. RESPONSIBILITIES
A. The PARTNERS:
L. Agree to form a STEERING COMMITTEE.
2. Agree not to move forward with any actions to certificate water rights at the MWC Duff
Water Treatment Plant intake, except as provided in lll.C, until a WRS is completed, or
the term of this Agreement ends.
3. Agree to pay the identified, pro-rata costs of the development of a WRS as provided in
Section lV (B)of this Agreement.
B. MWC:
L. Agrees to award and administer a contract with GSI Water Solutions to develop a WRS
as described in Section lV (A)of this Agreement.
2. Agrees to pay monthly invoices to GSI Water Solutions on behalf of the PARTNERS.
C. PHOENIX:
L. Agrees not to request expedited processing of its claim of beneficial use under OWRD's
Reimbursement Authority Program for Permit S-47672 until a WRS is completed, or the
term of this agreement ends, whichever occurs first.
2. Agrees to notify the PARTNERS within a reasonable period of time in the event that
OWRD begins review of its pending claim of beneficial use for Permit S-47672.
IV. WATER RIGHT STUDY SCOPE AND COST
A. The draft outline of the scope of work to develop a WRS is included as Exhibit A. The PARTNERS
intend to collaboratively develop and establish a final scope of work after this agreement is
executed.
2018 COOPERATIVE AGREEMENT FOR DEVETOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
9.C.b
Packet Pg. 42 Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
P a g e | 3 of a
B. The PARTNERS agree to share the cost of the WRS on a pro rata basis in proportion to their
populations based on Portland State University's 2015 population data, as shown in Exhibit B.
Exhibit B indicates preliminary costs. The total cost of the WRS is expected to be less than
580,000. Final pro-rata cost share will be determined at the time the contract with the consultant
is signed. Payments by PARTNERS will be due quarterly and must be remitted to MWC within 30
days of invoice.
V. DECISION MAKING PROCESS
A. All decisions made under this Agreement, and during the course of the development of the WRS,
shall be made through negotiations among the PARTNERS.
B. The WRS does not bind any PARTNER(S) to any future action or direction proposed by the WRS.
VI. LIABILITY,INDEMNITYANDHOLDHARMLESS
A. INDEMNIFICATION. To the extent allowed by the Oregon Constitution and the Oregon Revised
Statutes, and not to exceed monetary limits of the Oregon Tort Claim Act, the PARTNERS agree to
defend, indemnify, and hold harmless each other from claims, liability or damages, including
attorney fees, arising out of error, omission or act of negligence on the part of the indem nifying
party, its officers, agents, or employees in the performance of this Agreement.
B. STATUS. ln providing the services specified in this Agreement (and any associated services)the
PARTNERS are pubf ic bodies and maintain their public body status as specified in ORS 30.260. The
PARTNERS understand and acknowledge that each retains all immunities and privileges granted
them by the Oregon Ton Claims Act and any and all other statutory r¡ghts granted as a result of
their status as local public bodies.
VII. TERM AND TERMINATION
The term of the Agreement is twelve months from the last date of execution, unless the STEERING
COMMITTEE members unanimously agree in writing to extend that date. Any PARTNER may agree to
terminate its participation in the Agreement at any time with 15-day written notice to the other
PARTNERS, provided, however, that once a contract with the selected consultant has been signed, the
terminating PARTNER agrees to pay its full pro-rata share of the cost of the consultant contract to MWC.
2018 COOPERATIVE AGREEMENT FOR DEVETOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
9.C.b
Packet Pg. 43 Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
Page laol4
ln WITNESS WHEREOF, the panies hereto have caused this Agreement to be signed by their proper officers on the
dates noted below.
Brad Taylor
GeneralManager
Medford Water Commission
DATE Chris Clayton
City Manager
City of Central Point
DATE
Kelly Madding
City Administrator
City of Ashland
DATE Henry Lawrence
City Administrator
City of Eagle Point
DATE
Jeff Alvis
City Manager
City of Jacksonville
DATE Aaron Prunty
City Manager
City of Phoenix
DATE
Sandra Spelliscy
City Manager
City of Talent
DATE
2018 COOPERATIVE AGREEMENT FOR DEVELOPING A WATER RIGHT STRATEGY FOR ACCESS TO WATER
9.C.b
Packet Pg. 44 Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
Exhibit A. Outline of Scope of Services for
Development of a Water Rights Strategy
For Partner Water Providers
1. ln¡t¡al Meet¡ngs with City Councils
a. As an initial step for this project, GSI Water Solutions (Contractor) will attend a meeting to
discuss the Water Rights Strategy project with members from the city councils of the
Partner Water Providers and the Medford Board of Water Commissioners.
b. As an optional additional task, Contractor would attend individual council meetings with
the city councils for each of the Partner Water Providers and the Medford Board of Water
Com missioners, as requested.
2. Water Rights Review
a. Contractor will review the water rights held by each of the Partner Water Providers.
b. Contractor will work with all the Partner Water Providers to ensure there is agreement and
shared understanding of these water rights.
3. Analysis of Demand Projections
a. Contractor will review information provided by each of the Partner Water Providers
regarding their demand projections.
b. Contractor will meet with each of the Partner Water Providers to discuss their demands.
c. Contractor will evaluate the demands and make efforts to align these demands to identify a
total demand of all the Partner Water Providers.
d. Contractor will develop a memorandum that describes the individual demands of the
Partner Water Providers and the total demand of all partners, and that compares those
projected demands to anticipated water supply.
4. Water Rights Strategy
a. Contractor will meet with each of the Partner Water Providers to understand their interests
and priorities related to development of their water rights.
b. Contractor will conduct up to 2 meetings with all of the Partner Water Providers to:
i. Describe water rights issues that could affectthe water rights strategyforthe Duff
Water Treatment Plan water rights.
ii. ldentify shared priorities for the Partner Water Providers.
iii. Reach consensus among the Partner Water Providers on the criteria that
Contractor will use to prioritize water right certification.
iv. ldentify, as needed, "new" sources of supply to meet future long-term demands.
c. Contractor will develop a draft water rights strategy for review by the Partner Water
Providers and will work with the partners to obtain their feedback, and to ensure all the
Partner Water Providers concur on the ultimate water rights strategy.
d. Contractor will develop a final report documenting the final water rights strategy and the
process used to develop that strategy, as well as the steps necessary to implement the
identified strategy. The report will include an executive summary for decision makers.
9.C.b
Packet Pg. 45 Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
Exhibit B-Proposed Cost Allocation based on 2015 Portland State University Population Research Center DataEstimate ofPro¡ect CostS 2,998S to,27lS s,ttoS t,og¡S 53,5+zs 2,09SS ¡,oss*Service population for the City of Ashland was estimated at 25 percent of thecity population based on MWC providing approximately 25 percent of Ashland'speak day water usage.% to TotalPopulationServed4%t3%6%2%67%3%5%2015PopulationTotals5L0177485869528809110045856270L36116CityAshland*Central PointEagle PointJacksonvilleMedford (including White City,Water Districts, and OutsideCity Customers)PhoenixTa lentTOTAL9.C.bPacket Pg. 46Attachment: 0124 IGA Agreement Water Rights (1091 : Cooperative Agreement Water Rights IGA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: January 24, 2019
SUBJECT: Illicit Discharge Ordinance Changes
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Currently, the City’s Storm Drain Protection Ordinance has three paragraphs regarding a
Landowner’s responsibilities for causing illicit discharges or water contaminates to the City’s
storm drain system and creeks.
The code prohibits people from putting or dumping debris, contaminants or potential water
contaminants into the city’s storm drain system. It also includes a small section on erosion
control and sediment prevention from construction sites. The last paragraph states that no
person shall allow any debris, contaminant or potential contaminant from accumulating on any
city street, alley, and sidewalk.
The current penalty is a fine of not more than $250 for each day the violation is committed.
New Permit
The City will be applying for its own MS4 Phase II Permit through DEQ. RVSS will no longer be
holding the permit, and the City will be responsible for covering the Illicit Discharge Detection
and Elimination and Construction site runoff control and Post-construction runoff management.
The permit is expected to be issued March 1st, 2019 and the new permit has very prescriptive
requirements about ordinances and regulatory mechanisms and how they need to be in place
by a particular time. It’s very specific about how they want the City’s to address the offenders.
The permit reads:
“The permit registrant (the City) must develop, implement and maintain a written escalating
enforcement and response procedure. The procedure must address repeat violations through
progressively stricter response, as needed, to achieve compliance. The escalating enforcement
and response procedure must describe how the permit registrant will use enforcement
techniques to ensure compliance. The enforcement procedures must include timelines for
compliance and, when formulating response procedures, must consider factors such as the
amount of pollutant discharged, the type of pollutant discharge, and whether the discharge was
10.A
Packet Pg. 47
intentional or accidental. The escalating enforcement procedure must be submitted with the
third Annual Report.”
Changes
Currently our City code does not meet these criteria and needs to be addressed.
The new permit includes activities such as:
Program to Detect and Eliminate Illicit Discharges.
o This is a Complaint and Report response program, in which the City must have
a website, phone number and/or communication channel to report on. The City
will then be responsible to respond and investigate all complaints or reports
within an average of 2 working days, unless there is a threat to human health,
welfare, or the environment, for these the City will have 24 hours to respond.
These spills, or other illicit discharges, that may endanger human health or the
environment must be reported in accordance with all applicable federal and
state laws, including notification to the Oregon Emergency Response System.
o The ordinance must also define the range of illicit discharges it covers
including, but not limited to the following:
Septic, sewage, and dumping or disposal of liquids or materials other
than stormwater into the MS4;
Discharges of washwater resulting from the hosing or cleaning of gas
stations, auto repair garages, or other types of automotive services
facilities;
Discharges resulting from the cleaning, repair, or maintenance of any
type of equipment, machinery, or facility, including motor vehicles,
cement-related equipment, and port-a-potty servicing, etc.;
Discharges of washwater from mobile operations, such as mobile
automobile or truck washing, steam cleaning, power washing, and
carpet cleaning, etc.;
Discharges of washwater from the cleaning or hosing of impervious
surfaces in municipal, industrial, commercial, or residential areas
(including parking lots, streets, sidewalks, driveways, patios, plazas,
work yards and outdoor eating or drinking areas, etc.) where detergents
are used and spills or leaks of toxic or hazardous materials have
occurred (unless all spilled material has been removed);
Discharges of runoff from material storage areas, which contain
chemicals, fuels, grease, oil, or other hazardous materials from material
storage areas;
Discharges of pool or fountain water containing chlorine, biocides, or
other chemicals; discharges of pool or fountain filter backwash water;
Discharges of sediment, unhardened concrete, pet waste, vegetation
clippings, or other landscape or construction-related wastes;
Discharges of trash, paints, stains, resins, or other household
hazardous wastes; and
Discharges of food-related wastes (grease, restaurant kitchen mat and
trash bin washwater, etc.).
PROPOSED ILLICIT DISCHAGE AND CONNECTION ORDIANCE
This proposed ordinance originated from the EPA website as a model ordinance for
municipalities to use as a base to get started with. After researching other city and county
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ordinances and applying the ones that fit Central Point, this ordinance covers the
requirements that are addressed in the new MS4 Phase II permit.
Ordinance Section overview:
o SECTION 1. PURPOSE/INTENT
o SECTION 2. DEFINITIONS
o SECTION 3. APPLICABILITY
o SECTION 4. RESPONSIBILITY FOR ADMINISTRATION
o SECTION 5. COMPATIBILITY WITH OTHER REGULATIONS
o SECTION 6. SEVERABILITY
o SECTION 7. ULTIMATE RESPONSIBILITY
o SECTION 8. DISCHARGE PROHIBITIONS
o SECTION 9. WATERCOURSE PROTECTION
o SECTION 10. RIGHT OF ENTRY INSPECTION AND SAMPLING
o SECTION 11 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE
STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT
PRACTICES
o SECTION 12. VIOLATIONS, ENFORCEMENT, AND PENALTIES
o SECTION 13. APPEAL OF NOTICE OF VIOLATION
o SECTION 14. COST OF ABATEMENT OF THE VIOLATION
o SECTION 15. CIVIL PENALTIES.
o SECTION 15. REMEDIES NOT EXCLUSIVE
The new MS4 Phase II permit is very specific in the way it was written so that there isn’t much
leeway in deviating from the program. This ordinance is very comprehensive and follows the
Illicit Discharge and Detection and Elimination guidelines needed to enforce the program.
FINANCIAL ANALYSIS: The City currently is charging residents $1.00 dollar a month for the
storm water quality program. No additional changes are anticipated at this time.
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: This is a preview of the draft ordinance that will have be
forthcoming in February and March for formal adoption once it’s been reviewed by legal
counsel.
RECOMMENDED MOTION: N/A
ATTACHMENTS:
1. 2019 ILLICIT DISCHARGE AND CONNECTION ORDINANCE DRAFT 1
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ORDINANCE NO.
ILLICIT DISCHARGE AND CONNECTION ORDINANCE
SECTION 1. PURPOSE.
The purpose of this chapter is to provide for the health, safety, and general welfare of the
citizens of City of Central Point through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required by federal and state law.
This chapter establishes methods for controlling the introduction of pollutants into the municipal
separate storm sewer system (MS4) in order to comply with requirements of the National
Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter
are:
1. To regulate the contribution of pollutants to the MS$ by stormwater discharges by any
user.
2. To prohibit illicit connections and discharges to the MS4.
3. To establish legal authority to carry out all inspections, surveillance, monitoring, and
enforcement procedures necessary to ensure compliance with this chapter.
SECTION 2. DEFINITIONS.
For the purposes of this chapter, the following shall mean:
“Best Management Practices (BMPs)” mean schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices to prevent or reduce the discharge of pollutants directly
or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge
or water disposal, or drainage from raw materials storage.
“City” means The City of Central Point.
“Construction Activity” means activities subject to NPDES Construction Permits. These include
construction projects resulting in land disturbance of one acre or more. Such activities include but are
not limited to clearing and grubbing, grading, excavating, and demolition.
“Hazardous Materials” means any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics may
cause, or significantly contribute to, a substantial present or potential hazard to human health, safety,
property, or the environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
“Illegal Discharge” means any direct or indirect non-storm water discharge to the storm drain system,
except as exempted in Section 8 of this chapter.
“Illicit Connections” is defined as either of the following:
- Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to
enter the storm drain system including but not limited to any conveyances that allow any non-
storm water discharge including sewage, process wastewater, and wash water to enter the storm
drain system and any connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed, permitted, or approved
by an authorized enforcement agency or,
- Any drain or conveyance connected from a commercial or industrial land use to the storm drain
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system that has not been documented in plans, maps, or equivalent records and approved by an
authorized enforcement agency.
“Municipal Separate Storm Sewer System (MS4)” means the system of conveyances (including
sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-
made channels, or storm drains) owned and operated by the City of Central Point and designed or
used for collecting or conveying storm water, and that is not used for collecting or conveying sewage.
“Non-Storm Water Discharge” means any discharge to the storm drain system that is not composed
entirely of storm water.
“Person” means any individual, association, organization, partnership, firm, corporation or other entity
recognized by law and acting as either the owner or as the owner's agent.
“Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and
solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
chapters, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides,
herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
“Storm Drainage System” means publicly-owned facilities by which storm water is collected and/or
conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters,
curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-
made or altered drainage channels, reservoirs, and other drainage structures.
“Storm Water” means any surface flow, runoff, and drainage consisting entirely of water from any form
of natural precipitation, and resulting from such precipitation.
SECTION 3. APPLICABILITY.
This chapter shall apply to all water entering the storm drain system generated on any developed and
undeveloped lands unless explicitly exempted by the City.
SECTION 4. RESPONSIBILITY FOR ADMINISTRATION.
The City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or
duties imposed upon the City may be delegated in writing by the Director of the City to persons or entities
acting in the beneficial interest of or in the employ of the agency.
SECTION 5. COMPATIBILITY WITH OTHER REGULATIONS.
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision
of law. The requirements of this chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision of this chapter imposes
restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of
law, whichever provision is more restrictive or imposes higher protective standards for human health or
the environment shall control.
SECTION 6. SEVERABILITY.
The provisions of this chapter are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this chapter or the application thereof to any person, establishment, or
circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this chapter.
SECTION 7. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards;
therefore this chapter does not intend or imply that compliance by any person will ensure that there
will be no contamination, pollution, or unauthorized discharge of pollutants.
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SECTION 8. DISCHARGE PROHIBITIONS.
No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to
throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any
pollutants, other than storm water. Pollutants include but are not limited to:
1. Septic, sewage, and dumping or disposal of liquids or materials other than stormwater into the
MS4;
2. Discharges of washwater resulting from the hosing or cleaning of gas stations, auto repair
garages, or other types of automotive services facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment,
machinery, or facility, including motor vehicles, cement-related equipment, and port-a-potty
servicing, etc.;
4. Discharges of washwater from mobile operations, such as mobile automobile or truck washing,
steam cleaning, power washing, and carpet cleaning, etc.;
5. Discharges of washwater from the cleaning or hosing of impervious surfaces in municipal,
industrial, commercial, or residential areas (including parking lots, streets, sidewalks,
driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.) where
detergents are used and spills or leaks of toxic or hazardous materials have occurred (unless
all spilled material has been removed);
6. Discharges of runoff from material storage areas, which contain chemicals, fuels, grease, oil, or
other hazardous materials from material storage areas;
7. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals;
discharges of pool or fountain filter backwash water;
8. Discharges of sediment, unhardened concrete, pet waste, vegetation clippings, or other
landscape or construction-related wastes;
9. Discharges of trash, paints, stains, resins, or other household hazardous wastes; and
10. Discharges of food-related wastes (grease, restaurant kitchen mat and trash bin washwater,
etc.).
The commencement, conduct or continuance of any illegal discharge to the storm drain system is
prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this chapter:
water line flushing, landscape irrigation, diverted stream flows, rising ground waters,
uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges
from potable water sources, foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering, individual residential
car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool
discharges, and street wash water.
2. Discharges or flow from firefighting, and other discharges specified in writing by the City
as being necessary to protect public health and safety.
3. Discharges associated with dye testing, however this activity requires a verbal
notification to the City prior to the time of the test.
4. Any non-storm water discharge permitted under an NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted for any discharge
to the storm drain system.
SECTION 9. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, or such person's lessee, shall
keep and maintain that part of the watercourse within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of
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water through the watercourse. In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such structures will not become a
hazard to the use, function, or physical integrity of the watercourse.
SECTION 10. RIGHT OF ENTRY INSPECTION AND SAMPLING.
Provided the City gives 24-hours advance notice, the City shall be permitted to enter and inspect
premises subject to regulation under this chapter as often as may be necessary when entrance is
deemed by the City to be necessary to determine compliance with this chapter. However, in cases of
emergency or ongoing discharge, the City shall be given immediate access.
1. Facility operators shall allow the City ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
2. The City shall have the right to set up on any permitted facility such devices as are
necessary in the opinion of the City to conduct monitoring and/or sampling of the facility's
storm water discharge.
3. The City has the right to require the discharger to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all times
in a safe and proper operating condition by the discharger at its own expense. All devices
used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
4. Unreasonable delays in allowing the City access to a permitted facility is a violation of a
storm water discharge permit and of this chapter. A person who is the operator of a facility
with an NPDES permit to discharge storm water associated with industrial activity commits
an offense if the person denies the City reasonable access to the permitted facility for
the purpose of conducting any activity authorized or required by this chapter.
5. The City may seek issuance of an administrative search warrant from any court of competent
jurisdiction if it has been refused access to any part of the premises from which stormwater is
discharged, and 1) is able to demonstrate probably cause to believe that there may be a
violation of this chapter, or 2) that there is a need to inspect and/or sample as part of a routine
inspection and such sampling program is designed to verify compliance with this chapter or any
order issued hereunder, or 3) to protect the overall public health, safety, and welfare of the
community.
SECTION 11. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The City will adopt requirements identifying Best Management Practices for any activity, operation, or
facility which may cause or contribute to pollution or contamination of storm water, the storm drain
system, or waters of the United States. The owner or operator of such activity, operation, or facility
shall provide, at their own expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a property or premise
that is, or may be, the source of an illicit discharge, may be required to implement, at said person's
expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to
the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge
of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance
with the provisions of this section. These BMPs shall be part of a storm water management plan
(SWMP) as necessary for compliance with requirements of the NPDES permit.
SECTION 12. VIOLATIONS, ENFORCEMENT, AND PENALTIES.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements
of this chapter. Any person who has violated or continues to violate the provisions of this chapter, may
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be subject to the enforcement actions outlined in this section or may be restrained by injunction or
otherwise abated in a manner provided by law.
In the event the violation constitutes an immediate danger to public health or public safety, the City is
authorized to enter upon the subject private property, without giving prior notice, to take any and all
measures necessary to abate the violation and/or restore the property. The City is authorized to seek
costs of the abatement as outlined in Section 14.
1. Warning Notice - When the City finds that any person has violated, or continues to violate, any
provision of this chapter, or any order issued hereunder, the City may serve upon that person a
written Warning Notice, specifying the particular violation believed to have occurred and
requesting the discharger to immediately investigate the matter and to seek a resolution
whereby any offending discharge will cease. Investigation and/or resolution of the matter in
response to the Warning Notice in no way relieve the alleged violator of liability for any violations
occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the
authority of the City to take any action, including emergency action or any other enforcement
action, without first issuing a Warning Notice.
2. Notice of Violation - Whenever the City finds that a person has violated a prohibition or failed
to meet a requirement of this chapter, the City may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
a. The performance of monitoring, analyses, and reporting;
b. The elimination of illicit connections or discharges;
c. That violating discharges, practices, or operations shall cease and desist;
d. The abatement or remediation of storm water pollution or contamination hazards and
the restoration of any affected property
e. The implementation of source control or treatment BMP’s.
3. Stop Work Order - When the City finds that construction activity has resulted in violations of
any provision of this chapter or any order issued hereunder, or that the person’s past violations
are likely to recur, the City may issue a stop work to the violator, directing the violator to stop
work immediately and directing that no further work be performed until compliance with this
chapter is demonstrated.
4. Emergency Cease and Desist Orders - When the City finds that any person has violated, or
continues to violate, any provision of this chapter, or any order issued hereunder, or that the
person's past violations are likely to recur, and that the person's violation(s) has (have) caused
or contributed to an actual or threatened discharge to the MS4 or Waters of the State which
reasonably appears to present an imminent or substantial endangerment to the health or
welfare of persons or to the environment, the City may issue an order to the violator directing it
immediately to cease and desist all such violations.
5. Suspension due to Illicit Discharges in Emergency Situations - The City may, without prior
notice, suspend MS4 discharge access to a person when such suspension is necessary to stop
an actual or threatened discharge that presents or may present imminent and substantial
danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the
State. If the violator fails to comply with a suspension order issued in an emergency, the City
may take such steps as it deems necessary to prevent or minimize damage to the MS4 or
Waters of the State.
6. Suspension due to the Detection of Illicit Discharge - Any person discharging to the MS4 in
violation of this chapter may have its MS4 access suspended if such suspension would abate or
reduce an illicit discharge. The City will notify the violator of the proposed suspension of its MS4
access. The person may petition the City for reconsideration and hearing. A person commits an
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offense if the violator reinstates MS4 access to premises suspended pursuant to this chapter,
without the prior approval of the City.
SECTION 13. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation may appeal to the City manager for relief with 10 days
after service of notice described in Section 14.3 of this section. The petition shall include the facts upon
which the petitioner relies for relief from the obligations of this chapter in relation to the property. If the
city manager finds that it would work a real and unnecessary hardship upon the petitioner to comply with
the terms of this chapter, then the city manager may relieve the petitioner of the obligations of the
chapter in relation to the particular property, but nothing therein shall be construed as obligating the city
to remove or abate the nuisance without charging the cost as a lien against the said property.
SECTION 14. COST OF ABATEMENT OF THE VIOLATION.
Within thirty (30) days after abatement of the violation in this chapter, the owner of the property will be
notified of the cost of abatement, including administrative costs. If the amount due is not paid within thirty
(30) days, or other terms approved by the City Manager, the charges against the property shall become
a special assessment against the property and shall constitute a lien on the property for the amount of
the assessment. Any person violating any of the provisions of this chapter shall become liable to the
City by reason of such violation.
SECTION 15. CIVIL PENALTIES.
For each violation in Section 12 a civil penalty may be assessed up to $1,000 per day. Each day a
violation exists shall be considered a separate violation. The Director shall consider the following criteria
in determining the amount of any civil penalty to be assessed under this Section.
Amount of pollutant discharged.
The type of pollutant discharged.
Whether the discharge was intentional or accidental.
The magnitude and seriousness of the impact of the discharge.
SECTION 15. REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies available under any
applicable federal, state or local law and it is within the discretion of the City to seek cumulative
remedies. The City may recover all attorney’s fees court costs and other expenses associated with
enforcement of this chapter, including sampling and monitoring expenses.
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: January 24, 2019
SUBJECT: Water Rate Adjustment 2019
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION: The Medford Water Commission recently completed an
annual rate review/analysis (analysis performed by HDR Engineering) and determined
that the “other cities” water rate category, which includes the City of Central Point,
should be increased by 8% beginning March 1, 2019. This adjustment equates to an
additional $57,000 in estimated cost for the purchase of bulk water during the course of
2019.
The Water Commission’s rates have a direct impact upon the City’s water rate structure.
The City’s long-term rate plan—without any increases from the MWC—indicates no rate
increase for the 19/20 FY. However, when the bulk water increase is included in the rate
model, a 3% overall rate increase is indicated for the 2019-2020 budget year.
FINANCIAL ANALYSIS:
The staff has developed three options for Council consideration, each of which would
handle the MWC increase. The first option would be to adjust the base rate to absorb
the bulk water price increase entirely, and would amount to an an additional $0.75 per
month. Option 2, would be to the tier’d (consumptive) rates only, and would adjust all
tiers by 3%. The final option is a hybrid, which would split the increase between both
the consumption tiers and base rate.
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LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
2020 Strategic Plan Goal 3 - Continually update infrastructure plans.
STAFF RECOMMENDATION: Staff recommends option 1, adding the increase exclusively to
the base rate.
RECOMMENDED MOTION: I move to approve water rate increase option___ which directs
staff to bring that specific option, and approving resolution, back to City Council for a formal
discussion.
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