HomeMy WebLinkAboutCAP052319
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, May 23, 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(1576) Ord (2058)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. 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 April 25, 2019 City Council Minutes
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.
A. Resolution No. _______, A Resolution of the City of Central Point Approving a
2017/2019 Supplemental Budget (Weber)
B. Resolution No. _________, Authorizing Exemption from Competitive Bidding and
Awarding a Contract to OBEC Consulting Engineers for Mingus Creek Culvert
Replacement (Samitore)
IX. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, Approving a Commercial Lease Between City and
Central Point Area Senior Citizens, Inc., an Oregon Non-Profit Corporation for
Property Located at 123 N. 2nd Street and Authorizing City Manager to Execute
Agreement (Samitore)
B. Resolution No. ______, Approving that IGA with Jackson County School District
No. 6 and the City of Central Point for Joint Use of District and City Recreation
Facilities and Authorizing the City Manager to Execute Agreement (Samitore)
C. Resolution No. _________, Supporting Oregon Public Employee Retirement
System (PERS) Reform. (Clayton)
D. Resolution No. _________, A Resolution Adopting the 2019 Public Works
Standards and Specifications (Samitore)
X. BUSINESS
A. Planning Commission Report (Humphrey)
B. Parks and Recreation Commission Appointment (Casey)
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, April 25, 2019
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Excused
Kelley Johnson Ward II Excused
Brandon Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff present: City Manager Chris Clayton, City Attorney Sydnee Dreyer; Parks and
Public Works Director Matt Samitore; Principal Planner Stephanie Holtey; Police Chief
Kris Allison; Human Resource Director Elizabeth Simus; and City Recorder Deanna
Casey.
IV. SPECIAL PRESENTATIONS
1. Police Department Accreditation Presentation
Police Lieutenant Brian Day explained what the accreditation process is and the
items that must be in place before a city can receive the designation. He read the
proclamation from the State of Oregon Accreditation Association that was presented
to the City of Central Point Police Department.
2. Police Department Swearing In
Police Chief Kris Allison swore in Officers Tyler Aplin and Wayne Evans. She
introduced them to the Council and provided their background.
V. PUBLIC COMMENTS - None
VI. CONSENT AGENDA
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City of Central Point
City Council Minutes
April 25, 2019
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RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Thueson, Browning, Hernandez, Parsons
EXCUSED: Neil Olsen, Kelley Johnson
A. Approval of April 11, 2019 City Council Minutes
B. Approval of OLCC Application for Montgomerys Meats, LLC
C. 3rd Quarter Financial Report
VII. ORDINANCES, AND RESOLUTIONS
A. An Ordinance adopting the Central Point Comprehensive Plan Housing
Element (2019-2039).
Principal Planner Stephanie Holtey provided a recap of the why we are updating and
adopting the Housing Element. We are updating our buildable lands inventory for the
next 20 years. It includes an analysis of housing needs within the City’s urban area
over a 20-year growth period and addresses the City’s capacity to accommodate
housing needs within the UGB.
Brandon Thueson moved to approve Ordinance 2057, Updating and Adopting
the Central Point Comprehensive Plan Housing Element (2019-2039).
RESULT: APPROVED [UNANIMOUS]
MOVER: Brandon Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Thueson, Browning, Hernandez, Parsons
EXCUSED: Neil Olsen, Kelley Johnson
B. Resolution Approving Formation of a County Law Enforcement Service District
Jackson County Sheriff Nate Sickler stated that the current jail facility has been
overcrowded since 1985. It was opened in 1981 and is 38 years old. The design is
antiquated and inefficient to operate. The annual average cost of crime reports from
2013-2017 is that the state of Oregon pays $1.37 billion per year and Jackson
County pays $171.2 million per year. The costs per capita are higher in Jackson
County than the State.
When researching the costs and economics of building a new county jail a property
analysis was done including the correct zoning, access, local climate and
infrastructure. The location that was chosen has all the requirements for relocating
the JC jail. They reviewed environmental impacts, and location. He explained that
they toured several other jails that had been designed by DLR. The new proposed
building will be 214,842 square feet and have 800 beds.
The County has committed to support the project and fund at current levels. The
proposed Law Enforcement District will assess property owners $0.83 per $1,000 of
assessed value. The first few years of the district will help pay for the new facility,
then after the completion it will support the administrative costs.
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City of Central Point
City Council Minutes
April 25, 2019
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He explained the construction schedule if the bond is approved by voters in
November. They hope to have the new facility open in 2023 and fully serviceable.
There was discussion of the amount of offenders booked over the last three years
and how many are counted as repeat offenders. It is hoped that if the stay in jail is
longer than a few days it will be a deterrent for repeat offenders. With the
overcrowding in the current facility offenders know they will not be in jail for an
extended stay. Mental health and addition counseling will be available at the new
facility. The average stay in the current facility is 6 to 8 days; the national best
practice is 12 to 14 days.
The proposed district rate was established with all cities in Jackson County agreeing
to be part of the district by resolution. If a city does not agree to be included in the
district we would need to go back to the drawing board and re-evaluate how much
the assessed value would be. As of tonight the cities of Eagle Point, Phoenix, Butte
Falls, Rogue River and Central Point have agreed to allow their citizens be part of
the district.
There was discussion regarding the size of the facility and the ability to expand. The
facility will have pods that can hold up to 400 offenders. If the County waits to do the
construction the costs will double in just a few years. The current facility cannot be
expanded because of building code changes. Originally it was built so that an
additional floor could be added, but codes have changed and this is not an option
now.
Mr. Clayton stated that staff recommends approval of the proposed Resolution to
allow the citizens of Central Point to vote on the proposed district.
Mike Parsons moved to approve Resolution No. 1575, Approving Formation of
a County Law Enforcement Service District.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Thueson, Browning, Hernandez, Parsons
EXCUSED: Neil Olsen, Kelley Johnson
VIII. MAYOR'S REPORT
Mayor Williams reported that he attended:
The Pear Valley Ribbon cutting.
The Asante Walk in Clinic Ribbon Cutting.
A Medford Water Commission meeting.
The Fair Board meeting.
The Central Point Chamber mixer.
IX. CITY MANAGER'S REPORT
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City Council Minutes
April 25, 2019
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City Manager Chris Clayton reported that:
The Budget documents are available tonight. Please pick yours up from the City
Recorder. Staff has been working on the Budget document.
There are still a couple of tickets available for the Rotary Auction Dinner.
We will have a photographer here on Monday night before the budget meeting to
take photos of Management and Council members.
Flower baskets will be installed next week in the Downtown Corridor and along Hwy
99.
Mayor Williams has requested that the Council look at resolution supporting PERS
Reform for local jurisdictions at the next Council meeting.
He had a meeting with Library District representatives to discuss an agreement for
the building. The library bond will conclude soon and the library district will take over
the buildings. We will be working with the library to share cost in acquiring property
for additional parking. Once compete we will bring the agreement to the Council for
recommendation and approval.
The State Legislature is looking at the third party building official requirement for
local jurisdictions. This bill will require all jurisdictions to have a building official as a
city employee. Currently the smaller jurisdictions contract with outside sources for
the building official. Staff is working on an option for a few of the cities around the
valley to contract with the City of Central Point for Building official duties. Another
option for them would be to contract with the County which can be time consuming.
The City has seen an increase of people wanting to build businesses in Central
Point.
September 12th the Medford Water Commission will once again provide a Big Butte
Springs tour. If Council members are interested please contact the City Recorder
and make reservations.
X. COUNCIL REPORTS
Council Member Brandon Thueson reported that he attended the Adhoc Committee
meeting for the Dennis Richardson Memorial options, and the Eggstravaganza in Twin
Creeks Park.
Council Member Rob Hernandez reported that he attended the Adhoc Committee
meeting for Dennis Richardson Memorial options.
Council Member Taneea Browning reported that:
She attended the LOC Conference in Ashland.
She enjoyed the new layout for Eggstravaganza, it seems like there was more room for
all the kids.
She attended the Visitors Information Center meeting today.
She attended the RVCOG meeting.
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City Council Minutes
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The Made in Southern Oregon event will be May 18 on Pine Street.
She attended Fire District No. 3 Board and Budget meeting.
She attended the Fire District neighborhood meeting for the Scenic Station.
She attended a meeting with Skyrmann family representatives regarding current and
future use of the park. They seem to be very happy with the current plans.
Council Member Mike Parsons reported that:
He attended the Police Chief Conference in Bend where Chief Allison was sworn in as
Director of the Oregon Association of Police Chiefs.
He participated in the Central Point Little League Parade and lead the parade in a the
Volunteer Vehicle with lights flashing.
He attended the CAC meeting.
He attended Greeters at the Holiday Inn Express and Suites.
He attended an RVSS meeting and luncheon. RVSS showcased their GIS program.
He attended fire district neighborhood meeting last night.
XI. DEPARTMENT REPORTS
Principle Planner Stephanie Holtey reported that:
She has been working on findings for the Residential Growth Boundary Amendment.
They have received a letter from the Browns regarding their interest in being included in
the UGB Application.
Staff is also working on the Employment Lands UGB application.
They have had a pre-app meeting for a chiropractic office on Pine Street. There is
interest in commercial property at the intersection of Hamerick and Pine for a hotel and
fast food restaurant. Dominos has been working on an application for Freeman Court.
The White Hawk property may have a new owner along with the property to the north of
it. They have received a site plan for a car wash to be located at Table Rock and Biddle
Road.
Police Chief Kris Allison reported that:
The department is getting ready for the school year to end.
May 1st will begin the new citizen out reach of Council, Coffee & Cops. The first event
will be in Pfaff park beginning at 6:00 p.m.
Finance Director Steve Weber reported that:
We have a new Finance Clerk named Nichole Hickey.
The City will be hosting the Rogue Valley Financial Officers Group on May 8th for lunch &
learn in the Council Chambers.
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City Council Minutes
April 25, 2019
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He kicked off this budget season by attending the Fire District Budget Committee where
he was appointed as Chair.
He threw out the first pitch for the first Little League game this year.
Our first budget committee meeting will be April 29th at 6:30, dinner will be available at
6:00.
Human Resource Director Elizabeth Simas reported that:
She attended a National HR Conference in Phoenix, AZ last week.
She has been working on recruitment for a Utility Worker and a Police Officer position.
She has been working on the Union negotiations for the Police Bargaining Unit.
City Attorney Sydnee Dreyer will be attending the City Attorney Conference in May.
XII. EXECUTIVE SESSION - ORS 192.660 (2)(d) Labor Negotiations
Rob Hernandez moved to adjourn to Executive Session Under ORS 192.660 (2)(d)
Labor Negotiations. Brandon Thueson seconded. All said aye and the meeting
adjourned to executive session at 8:26 p.m.
The Council returned to regular session at 9:20 p.m. No further action was taken.
XIII. ADJOURNMENT
Brandon Thueson moved to adjourn. Taneea Browning seconded and the April 25, 2019
Council meeting was adjourned at 9:20 p.m.
The foregoing minutes of the April 25, 2019, Council meeting were approved by the City Council
at its meeting of May 9, 2019.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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Packet Pg. 8 Minutes Acceptance: Minutes of Apr 25, 2019 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: May 23, 2019
SUBJECT: Resolution No. _______, A Resolution of the City of Central Point
Approving a 2017/2019 Supplemental Budget
ACTION REQUIRED:
Motion
Public Hearing
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Oregon Revised Statutes allows for changes to a budget
when an unanticipated event occurs. More specifically, ORS 294.471 Supplemental Budget in
certain cases; no increase in property taxes permitted. (1) Notwithstanding requirements as to
estimates of and limitation on expenditures, during the fiscal year or budget period for which the
original budget was adopted, the governing body of a municipal corporation may make one or
more supplemental budgets under certain circumstances. One such circumstance is an
occurrence or condition that is not ascertained when preparing the original budget or a previous
supplemental budget for the current year or current budget period and that requires a change in
financial planning.
That circumstance is the main need for this supplemental budget. During the Budget
Committee meetings for the 2017-19 budget, Parks and Public Works Director Matt Samitore
discussed the City’s portion of the East Pine Streetscaping project of the Central Point
Development Commission. He presented the new street signals and some of the planter boxes
would be paid for out of the Street Fund. He then discussed that the City was going to take
advantage of the street work to replace the water line that runs along Pine Street which the
Water Fund would be paying for. The respective costs for each portion of that project were
included in the budget figures presented to the Budget Committee. However, due to a formula
error in transferring the approved budget schedules to the resolution for budget adoption
presented to Council, the project cost was either left out of the resolution amount (in the case of
the Street Fund) or an incorrect total cost was in the resolution (in the case of the Water Fund).
Staff discussed this error with the Finance and Taxation division of the Oregon Department of
Revenue, which oversees Oregon Local Budget Law, to determine the proper way to correct
this budget error. Their recommendation was to wait until the project was completely finished
and all costs have been finalized, including any change orders, to determine the final amount to
be paid out of each fund. Those final amounts are included in the attached resolution.
Also included in the attached resolution is a budget adjustment for the contribution to the
Jackson County Continuum of Care of $8,600 to help the homelessness issue (which was
approved through Resolution No. 1552 at the October 11, 2108 City Council meeting); the
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earnest money for the property purchase on South Haskell for the new Public Works corporation
yard (which was approved through Resolution No. 1564 at the January 24, 2019 City Council
meeting); and an transfer of appropriation(in accordance with ORS 294.463) within the
Technical Services department to move $7,000 from Materials & Services to Capital Outlay.
ORS 294.473 requires a public hearing if a supplemental budget is going to change the
expenditures in one or more funds by 10% or more and that notice of the public hearing needs
to be published not less than five days prior to the meeting. The noticing requirement was
fulfilled by publication in the Medford Mail Tribune on May 18th as well as the City’s website
starting May 16th.
More detail on each of the above proposed budget adjustments is provided within the attached
resolution.
FINANCIAL ANALYSIS: With adoption of the changes contained in this supplemental budget
($2,033,600), as well as supplemental budgets approved earlier, the total 2017-19 biennial
budget will increase from the original adopted budget of $49,991,429 to $52,609,174.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: Make a motion to approve the resolution as presented.
RECOMMENDED MOTION: I move to approve Resolution No. _____ a resolution approving a
2017-19 supplemental budget.
ATTACHMENTS:
1. RESO Supplemental Budget - Final Supplemental Budget for 2017-19
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RESOLUTION NO. ______________
A RESOLUTION OF THE CITY OF CENTRAL POINT
APPROVING A 2017/19 SUPPLEMENTAL BUDGET
Recitals:
A. ORS 294.471 allows the governing body to adopt a supplemental budget when
certain conditions exist, such as an occurrence or condition was not known at the
time the budget was adopted; a situation was nor foreseen and requires prompt
action; money is received that was not anticipated, or a request for services or
facilities is received which will be paid by another entity and was not known at the
time of the adoption of the budget.
B. General Fund: Within the General Fund there are two budget amendments
totaling $8,600 in additional expenditures:
a. $8,600 support for Jackson Co. Continuum of Care. Support the fight
against homelessness approved by Resolution No. 1552 at the October
11, 2018 City Council meeting.
b. $7,000 network server upgrade. Transferring appropriation authority in
the Technical Services department budget from Materials and Services to
Capital Outlay in accordance with ORS 294.463
C. Street Fund: Within the Street Fund there are two budget amendments totaling
$862,500 in additional appropriations:
a. $850,000 for capital outlay. City portion of East Pine Streetscaping project
(street signals) was approved at Budget Committee meetings, however,
due to a formula error it was not included in the budget adoption resolution
approved at the June 8, 2017 City Council meeting. This correction takes
into account final project costs.
b. $12,500 for capital outlay. Earnest money for Haskell Street property
purchase for the new Public Works Corporation yard.
D. Water Fund: Within the Water Fund there are two budget amendments totaling
$1,162,500 in additional appropriations:
a. $1,150,000 for capital outlay. City portion of East Pine Streetscaping
project (water line) was approved at Budget Committee meetings,
however, due to a formula error the full amount of the estimated project
cost was not included in the budget adoption resolution approved at the
June 8, 2017 City Council meeting. This correction takes into account
final project costs.
b. $12,500 for capital outlay. Earnest money for Haskell Street property
purchase for the new Public Works Corporation yard.
The City of Central Point resolves as follows:
8.A.a
Packet Pg. 11 Attachment: RESO Supplemental Budget - Final Supplemental Budget for 2017-19 (1136 : 2017-19 Supplemental Budget)
Section 1.
Adjusted
Appropriation Revenues Expenses Appropriation
General Fund 22,275,153$ 22,275,153$
Carryover Balance 3,952,493$ 8,600$ 3,961,093$
City Enhancement 409,000$ 8,600$ 417,600$
Materials & Services - TS 565,995$ (7,000)$ 558,995$
Capital Outlay - TS 100,000$ 7,000$ 107,000$
General Fund - Revised 22,283,753$ 22,283,753$
Street Fund 8,511,954$ 8,511,954$
Carryover Balance 2,210,714$ 862,500$ 3,073,214$
E. Pine Streetscaping -$ 850,000$ 850,000$
S. Haskell Property Purchase -$ 12,500$ 12,500$
Street Fund - Revised 9,374,454$ 9,374,454$
Water Fund 9,498,047$ 9,498,047$
Carryover Balance 2,502,253$ 1,162,500$ 3,664,753$
Water Line - 7th to 10th Street 365,000$ 1,150,000$ 1,515,000$
S. Haskell Property Purchase -$ 12,500$ 12,500$
Water Fund - Revised 10,660,547$ 10,660,547$
Passed by the Council and signed by me in authentication of its passage this _____ day
of May 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
8.A.a
Packet Pg. 12 Attachment: RESO Supplemental Budget - Final Supplemental Budget for 2017-19 (1136 : 2017-19 Supplemental Budget)
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: May 23, 2019
SUBJECT: Resolution No. _________, Authorizing Exemption from Competitive
Bidding and Awarding a Contract to OBEC Consulting Engineers for
Mingus Creek Culvert Replacement
ACTION REQUIRED:
Public Hearing
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: During the 2019 bridge and culvert inspections it was
brought to our attention that the metal culverts that convey water under Freeman Road for
Mingus Creek were deteriorating at a rapid pace on the west side of the road. The culverts
have lost structural integrity along the top of the pipe. Moreover, during high water events
where the culverts fill, the road base is being washed away. Staff is concerned that if another
wet winter season occurs, Freeman Road may actually start to fall into the culvert.
Staff is asking to re-assign OBEC Engineering, who was the engineer of record on the recent
Freeman Road expansion project, to start immediately with the engineering and environmental
review necessary to replace this culvert. Staff is recommending a direct appointment be
approved to allow for permitting and design to occur immediately and for construction to occur
this fall. The State allows for direct procurements for amounts less than $75,000 as long as
they are approved by the governing board. The only reason staff is suggesting the special
procurement is because of need for an expedited project timeline. OBEC has historically
performed a substantial amount of preliminary work on this project.
FINANCIAL ANALYSIS: The Contract is up to $65,000 for the engineering and environmental
permits as well as contract administration and construction engineering.
LEGAL ANALYSIS: The City is authorized to enter into this contract as a direct appointment
per the Attorney General’s model rules for public contracting, which have been adopted by the
City.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point Strategic Plan Managed Growth and Infrastructure Goal 3- Continually
update infrastructure plans.
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Strategies:
a) Include pedestrian and bicycle friendly options in every plan, and retrofit existing streets
and neighborhoods whenever possible;
b) Cooperate with developers to plan future needs for schools and parks;
c) Take advantage of all opportunities to use environmentally friendly technology in city
government and development of new or retrofitted infrastructure.
Actions:
a) Complete phased rehabilitation of Freeman Road to Hopkins Road.
STAFF RECOMMENDATION: Recommend approving resolution authorizing award of contract
by direct appointment.
RECOMMENDED MOTION: I move to approve Resolution No. _____ authorizing exemption
from competitive bidding and awarding a contract to OBEC Consulting Engineers for the Mingus
Creek at Freeman Road Culvert Replacement
ATTACHMENTS:
1. RESO Direct Appointment - Mingus Culvert Engineering
2. Personal Services Agt OBEC Mingus Creek
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Res. No.___________; May 23, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION AUTHORIZING EXEMPTION FROM COMPETITIVE BIDDING AND
AWARDING A CONTRACT TO OBEC CONSULTING ENGINEERS FOR MINGUS CREEK
CULVERT REPLACEMENT
Recitals:
A. Whereas, ORS 279.110(8) and the Attorney General Model Public Contracting Rules
authorize a contracting agency to enter into a consulting contract by direct appointment
where the estimated cost of the engineering services do not exceed $100,000.00.
B. Whereas, the City finds that OBEC Consulting Engineers has the specialized technical
skills, expertise and resources to provide the City with a cost-effective and time-
sensitive plan to evaluate, design and permit the replacement of two Mingus Creek
Culverts crossing Freeman Road.
C. Whereas the City finds that time is of the essence in replacing these culverts.
The City of Central Point resolves as follows:
Section 1. A contract in the form attached hereto as Exhibit A is hereby awarded to OBEC
Consulting Engineers for an amount not to exceed $62,454.40 for evaluation, design, and
permitting of replacement of the two Mingus Creek Culverts crossing Freeman Road.
Section 2. This direct appoint is granted under the provisions of Oregon Revised Statutes
279C.110(8) and OAR 137-048-0200(1)(b).
Section 3. The City Manager or his designee is authorized to execute the contract and to take
such other steps as necessary to effectuate the approval of the agreement.
Passed by the Council and signed by me in authentication of its passage this _____ day of May,
2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
8.B.a
Packet Pg. 15 Attachment: RESO Direct Appointment - Mingus Culvert Engineering (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
Res. No.___________; May 23, 2019 Page 2
RESOLUTION NO. ____ - EXHIBIT A
AGREEMENT
8.B.a
Packet Pg. 16 Attachment: RESO Direct Appointment - Mingus Culvert Engineering (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
CITY OF CENTRAL POINT
PROFESSIONAL SERVICES CONTRACT
Mingus Creek Culvert Replacement
OBEC Job No. P548-0026.00
This contract is made between the City of Central Point (City) and OBEC Consulting Engineers (Consultant).
Consultant Information:
Full Legal name or business name: ________________
Address_________________________ City: _______________ Zip Code: ___________
Telephone: _______________ FAX: _______________
City and Consultant agree:
1. Services to be provided. Consultant will provide to the City the services set forth in Exhibit B.
2. Effective Date or Duration. This contract is effective on the date at which every party has signed this
contract. This contract shall expire, unless otherwise terminated or extended, on April 1, 2020.
3. Compensation. City agrees to pay Consultant a sum not to exceed $62,454.40 for the services to be
provided. A written approval in the form of an amendment of this contract will be obtained where there will be
changes in the scope of work, amount of contract or time. Payment will be made:
• Upon completion; or,
• City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant
in performance of services in accordance with a payment schedule to be submitted by Consultant and
accepted by City. No reimbursement will be made for expenses that are not specifically itemized in
this payment schedule without prior approval by City. Consultant shall submit monthly invoices to
City for Consultant’s services within ten days after the end of the month covered by the invoice. Total
payments under this contract or any amendments shall not exceed the sum specified in this section 3.
4. Authorized Consultant Representative. The authorized representative for Consultant is Dana Crawford.
5. Standard Contract Provisions. Consultant shall comply with the City’s Standard Contract Provisions for
Professional Services as modified for this contract, a copy of which is attached as Exhibit A.
CITY OF CENTRAL POINT CONSULTANT
By: By:
Title: Title:
Date: Date:
Tax Id. No.:
CP Business License #.:
Form 1099: On file: X Attached:
8.B.b
Packet Pg. 17 Attachment: Personal Services Agt OBEC Mingus Creek (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
EXHIBIT A
CITY OF CENTRAL POINT
CONTRACT PROVISIONS FOR PROFESSIONAL SERVICES
1. Qualified Personnel. Consultant has represented, and by entering into this contract now represents, that all
personnel assigned to the services required under this contract are fully qualified to perform the service to
which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or
bonded by the State of Oregon, are so registered, licensed and bonded.
1.1 Standard of Care—Professional Services.
Subject to the express provisions of the agreed scope of work as to the degree of care, amount of
time and expenses to be incurred, and subject to any other limitations contained in this Agreement,
Consultant shall perform its Services in accordance with generally accepted standards and practices
customarily utilized by competent engineering firms in effect at the time Consultant’s Services are
rendered. Consultant does not expressly or impliedly warrant or guarantee its Services.
.
1.2 Reliance upon Information Provided by Others.
If Consultant’s performance of services hereunder requires Consultant to rely on information provided by
other parties (excepting Consultant’s subcontractors), Consultant shall not independently verify the
validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in
writing by Client.
1.3 Consultant’s Opinion of Costs.
Client acknowledges that construction cost estimates, financial analyses and feasibility projections are
subject to many influences including, but not limited to, price of labor and materials, unknown or latent
conditions of existing equipment or structures, and time or quality of performance by third parties. Client
acknowledges that such influences may not be precisely forecasted and are beyond the control of
Consultant and that actual costs incurred may vary substantially from the estimates prepared by
Consultant. Consultant does not warrant or guarantee the accuracy of construction or development cost
estimates.
2. Contract Renewal. The City shall have the option to renew this contract annually after the initial term has
expired. Each renewal shall be with such modifications as may be agreed to by the parties in a written
amendment of the contract, provided that the amendments made for any renewal term may not increase the
total compensation to be paid to Consultant by more than 10 percent or increase the rate of compensation
for any contract Service by more than 5 percent.
3. Authorized Representative for City. The City’s authorized representative is either the City Manager, the
Public Works Director, or a duly authorized representative.
4. Notices. Any notice permitted or required by this contract shall be deemed given when personally delivered
or upon deposit in the United States mail, postage fully prepaid, certified, and with return receipt requested,
to the persons and addresses shown below. In addition, if directions for telephonic transmission (“FAX”) are
set forth below, notices may be delivered by FAX. Notices sent by certified mail will be deemed delivered
three business days after placement in the mail and notices sent by FAX will be deemed delivered when
successful transmission is electronically confirmed. Except as expressly provided in the contract, required
notices must be signed by the person designated to receive notices, or that person’s designee or attorney.
Consultant: Authorized Representative named on pages 1 and 2 at address for Consultant listed on
pages 1 and 2.
City: Authorized Representative (see section 3 of this page), 140 South Third Street, Central Point,
Oregon 97502
Each party shall notify the other of any change in the name, address or FAX instructions to be used for
delivery of notices.
8.B.b
Packet Pg. 18 Attachment: Personal Services Agt OBEC Mingus Creek (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
5. Termination. Notwithstanding any other provision to the contrary, this contract may be terminated as
follows:
5.1. The parties, by mutual written agreement, may terminate this contract at any time.
5.2. Either party may terminate this contract in the event of a breach of the contract by the other party.
5.3. The City may terminate this contract at any time or for any reason, upon not less than ten days’ notice
in advance of the termination date.
5.4. City may terminate this contract immediately upon Consultant’s failure to have in force any insurance
required by this contract.
Except as provided in section 6, in the event of a termination, City shall pay Consultant for work performed to
the date of termination.
6. Remedies.
6.1. In the event of a termination of this contract by City because of a breach by Consultant, City may
complete the Services either by itself or by contract with other persons, or any combination.
Consultant shall be liable to City for any costs or losses incurred by City arising out of or related to the
breach, including costs incurred in selecting other contractors, time-delay losses, attorney fees and
the like, less the remaining unpaid balance of the consideration provided in this contract. City may
withhold payment of sums due Consultant for work performed to the date of termination until City’s
costs and losses have been determined, at which time City may offset any such amount due
Consultant against the costs and losses incurred by City.
6.2. The foregoing remedies provided to City for breach of this contract by Consultant shall not be
exclusive. City shall be entitled to exercise any one or more other legal or equitable remedies
available because of Consultant’s breach.
6.3 In the event of breach of this contract by City, Consultant’s remedy shall be limited to termination of
this contract and payment for work performed to the date of termination.
6.4. The Consultant shall be allowed to remedy a breach of this agreement by curing such breach or
making reasonable progress toward its cure within 15 days after City has given written notice of
alleged breach to Consultant.
6.5. The City shall be allowed to remedy a breach of this agreement by curing such breach or making
reasonable progress toward its cure within 15 days after Consultant has given written notice of the
alleged breach to the City or upon five days’ notice if work under this Agreement has been
suspended by either City or Consultant for more than 30 days in the aggregate.
7. Records/Inspection. Consultant shall maintain records of its charges to City under this contract for a period
of not less than 3 (three) full fiscal years following Consultant’s completion of this contract. Upon reasonable
advance notice, City or its authorized representatives may from time to time inspect, audit and make copies
of any of Consultant’s records that relate to this contract. If any audit by City discloses that payments to the
Consultant were in excess of the amount to which Consultant was entitled under this contract, Consultant
shall promptly pay to City the amount of such excess. If the excess is greater than one percent of the
contract amount, Consultant shall also reimburse City its reasonable costs incurred in performing the audit.
8. Ownership of Work Product. All work product of Consultant that results from this Agreement (the work
product) is the exclusive property of City, once the Consultant has been paid for services rendered.
City and Consultant intend that such work product be deemed “work made for hire” of which City shall be
deemed the author. If for any reason the work product is not deemed “work made for hire,” Consultant
irrevocably assigns to City all its right, title, and interest in and to any and all of the work product, whether
arising from copyright, patent, trademark, trade secret, or any other state or federal intellectual property law
8.B.b
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or doctrine. Consultant shall execute such further documents and instruments as City may reasonably
request in order to fully vest such rights in City. Consultant forever waives any and all rights relating to the
work product, including without limitation, any and all rights arising under 17 USC 106A or any other rights of
identification of authorship or rights of approval, restriction or limitation on use or subsequent modifications.
The City agrees to hold harmless and indemnify the Consultant from any and all liability whatsoever,
associated with any reuse of work products generated by this work project, beyond the original purpose
intended by this contract.
9. Indemnification. Except for claims that relate to professional liability, Consultant shall defend indemnify and
save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs,
expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury
resulting in death,) or damage (including loss or destruction) to property, of whatsoever nature arising out of
or incident to the performance of this agreement by Consultant (including but not limited to, Consultant’s
employees, agents, and others designated by Consultant to perform work or services attendant to this
agreement). Consultant shall not be held responsible for damages caused by the negligence of City. If the
claim or liability results from error or omissions in the products, results, analyses, opinions,
recommendations, directions, designs, or other manifestation of Consultant’s professional services, including
any other professional act, error or omission that is subject to professional standards of care, the obligation
of Consultant hereunder shall only exist to the extent of Consultant’s negligence or willful misconduct.
10. Workers’ Compensation. If Consultant will perform the work with the help of others, Consultant shall
comply with the Oregon Workers’ Compensation law by qualifying as a carrier-insured employer or as a self-
insured employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide the City with such further assurances as City may require from time to time that Consultant is in
compliance with these Workers’ Compensation coverage requirements and the Workers’ Compensation law.
11. Insurance. Consultant shall have and maintain the insurance policies specified below. Each policy of
insurance shall be written as a primary policy, not contributing with or in excess of any coverage which City
may carry. A copy of each policy or a certificate satisfactory to City shall be delivered to City prior to
commencement of the Services. The adequacy of all insurance policies for compliance with this Section 11
shall be subject to approval by City’s Risk Manager. Failure to maintain any insurance coverage required by
the contract shall be cause for immediate termination of the contract by City.
Unless otherwise specified, each policy shall be written on an “occurrence” form with an admitted insurance
carrier licensed to do business in the state of Oregon; and shall contain an endorsement entitling City to not
less than 30 days prior written notice of any material change, non-renewal or cancellation. In the event the
statutory limit of liability of a public body for claims arising out of a single accident or occurrence is increased
above the combined single limit coverage requirements specified below, City shall have the right to require
that Consultant increase the coverage limits of all liability policies by the amount of the increase in the
statutory limit.
11.1. Commercial General Liability. Consultant shall maintain a broad form commercial general liability
insurance policy with coverage of not less than $1,000,000 combined single limit per occurrence, and
as an annual aggregate, for bodily injury, personal injury or property damage. The policy shall have a
contractual liability endorsement to cover Consultant’s indemnification obligations under the contract.
The policy shall also contain an endorsement naming City as an additional insured, in a form
satisfactory to City, and expressly providing that the interest of City shall not be affected by
Consultant’s breach of policy provisions.
11.2. Workers’ Compensation Insurance. Unless Consultant is exempt, Consultant shall comply with the
Oregon Workers’ Compensation law by qualifying as a carrier-insured employer or as a self-insured
employer and shall strictly comply with all other applicable provisions of such law. Consultant shall
provide City with such assurances as City may require from time to time that Consultant is in
compliance with these Workers’ Compensation coverage requirements and the Workers’
Compensation law.
11.3. Comprehensive Automobile Liability. If Consultant will use a motor vehicle on a regular basis in the
performance of the Services, Consultant shall maintain automobile liability insurance coverage of not
less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury or property
8.B.b
Packet Pg. 20 Attachment: Personal Services Agt OBEC Mingus Creek (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
damage for each motor vehicle owned, leased or operated under the control of Consultant for, or in
the performance of, the services.
11.4. Professional Liability. If Consultant is required to be licensed by the State of Oregon to perform the
Services, Consultant shall maintain a professional liability insurance policy with coverage limits of not
less than $1,000,000 per claim, and a deductible or self insured retention of not more than $250,000
per claim to protect Consultant from claims by City or others for injury, loss or damage arising from or
resulting from the wrongful or negligent performance or non-performance of, the Services. The policy
shall contain an endorsement entitling City to not less than 60 days prior written notice of any material
change, non-renewal or cancellation of such policy. This policy may be written on a “claims made”
form, provided that continuous coverage is maintained to cover claims made within two years after
completion of the Services.
12. Assignment/Subcontracting. Consultant shall not assign this contract, in whole or in part, or any right or
obligation, without City’s prior written approval. Consultant shall require any approved subcontractor to
agree, as to the portion subcontracted, to comply with all obligations of Consultant specified in this contract.
Notwithstanding City’s approval of a subcontractor, Consultant shall remain obligated for full performance of
this contract and City shall incur no obligation to any subcontractor. Consultant shall indemnify, defend and
hold City harmless from claims of subcontractors related to the performance of the Consultant’s duties under
this agreement.
13. Independent Contractor. Whether Consultant is a corporation, partnership, other legal entity or an
individual, Consultant is an independent contractor. If Consultant is an individual, Consultant’s duties will be
performed with the understanding that Consultant is a self-employed person, has special expertise as to the
services which Consultant is to perform and is customarily engaged in the independent performance of the
same or similar services for others. The manner in which the services are performed shall be controlled by
Consultant; however, the nature of the services and the results to be achieved shall be specified by City.
Consultant is not to be deemed an employee or agent of City and has no authority to make any binding
commitments or obligations on behalf of City except to the extent expressly provided in this contract.
14. Compliance with Laws/Business License. Consultant shall comply with all applicable Federal, State and
local laws, rules, ordinances and regulations at all times and in the performance of the Services, including,
but not limited to those laws pertaining in nonresident contractors in ORS 279A.120 and all applicable
provisions of ORS 279B.220, 279B.225, 279B.230, 279B.235, and 279B.240. Consultant shall obtain a City
of Central Point business license as required by the city municipal code prior to beginning work under this
contract. The Contractor shall provide a business license number in the space provided on pages one and
two of this contract.
15. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State
of Oregon. Any claim, action, or suit between City and Consultant that arises out of or relates to
performance of this agreement shall be brought and conducted solely and exclusively within the Circuit Court
for Jackson County, for the State of Oregon. Provided, however, that if any such claim, action, or suit may
be brought only in a federal forum, it shall be brought and conducted solely and exclusively within the United
States District Court for the District of Oregon.
16. Attorney Fees. In the event of any action to enforce or interpret this contract, the prevailing party shall be
entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the
court, at trial, on appeal or upon review.
17. Integration. This contract embodies the entire agreement of the parties. There are no promises, terms,
conditions or obligations other than those contained in this contract. This contract shall supersede all prior
communications, representations or agreements, either oral or written, between the parties. This contract
shall not be amended except in writing, signed by both parties.
8.B.b
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EXHIBIT B
[Insert Scope of Work]
SCOPE OF WORK
8.B.b
Packet Pg. 22 Attachment: Personal Services Agt OBEC Mingus Creek (1141 : Special Procurement - Freeman Road at Mingus Creek Culvert)
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: May 23, 2019
SUBJECT: Resolution No. _______, Approving a Commercial Lease Between City
and Central Point Area Senior Citizens, Inc., an Oregon Non-Profit
Corporation for Property Located at 123 N. 2nd Street and Authorizing
City Manager to Execute Agreement
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City has been leasing the building located at 123 North
Second Street to Central Point Area Senior Citizens, Inc. for use as a Central Point Senior
Center for the past two decades. The senior center currently provides weekday lunches and
some activities to seniors in the greater Central Point area. The current lease terminates June
30, 2019. The City Attorney has prepared a new lease for a term of two years with an option to
renew for an additional two years.
The lease has historically been approved administratively, but staff is seeking concurrence from
the City Council because of discussion of a future joint use/Community Center.
FINANCIAL ANALYSIS: The City requires maintenance of the facility by the Senior Center.
LEGAL ANALYSIS: n/a
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Central Point Strategic Plan Recreation Goal 3- Provide high quality age appropriate recreation
programs that benefit all residents of our community.
Strategies:
a) Prepare a finance program to maintain and expand recreation programs, including fees,
donations, sponsorships, and governmental support;
b) Pursue the development and implementation of comprehensive recreation programs in
cooperation with governmental bodies/agencies and athletic/recreation organizations.
9.A
Packet Pg. 23
STAFF RECOMMENDATION: Approve the Resolution approving the Senior Center Lease
RECOMMENDED MOTION: Approve Resolution No. _____ approving a commercial lease
between City of Central Point and Central Point Area Senior Citizens, Inc., an Oregon non-profit
corporation for property located at 123 N. 2nd Street and authorizing the City Manager to
execute agreement.
ATTACHMENTS:
1. RESO Approving 2019 Senior Center Lease
2. Senior Center Lease 2019
9.A
Packet Pg. 24
Res. No.___________; May 23, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING A COMMERCIAL LEASE BETWEEN CITY OF CENTRAL
POINT AND CENTRAL POINT AREA SENIOR CITIZENS, INC., AN OREGON NON-
PROFIT CORPORATION FOR PROPERTY LOCATED AT 123 N. 2ND STREET AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT
Recitals:
A. Central Point Area Senior Citizens, Inc., an Oregon non-profit corporation (“CPASC”)
coordinates services for seniors in Central Point.
B. For the past two decades, CPASC has leased space at 123 N. 2nd Street, Central Point, OR
97502 for use as a senior center and other activities related thereto.
C. The current lease, originally entered into in 2015, terminates on June 30, 2019 and City
staff has negotiated a new Lease Agreement with CPASC effective July 1, 2019, which is
consistent with the terms of the prior lease agreement.
D. Under the Lease Agreement, CPASC would pay annual rent in the amount of $1.00, as
well as all utility costs as additional rent. In addition, CPASC agrees to manage the
Premises and coordinate other civic activities at the Premises.
The City of Central Point resolves as follows:
Section 1. The City hereby approves the Commercial Lease with CPASC effective July 1, 2019 on
the terms and conditions set forth on the attached Exhibit “A”.
Section 2. The City Manager or his designee is directed and authorized to execute the
Commercial Lease for senior services in the form attached hereto as Exhibit “A”.
Passed by the Council and signed by me in authentication of its passage this _____ day
of May, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.A.a
Packet Pg. 25 Attachment: RESO Approving 2019 Senior Center Lease [Revision 1] (1139 : Senior Center Lease)
1 – Commercial Lease
Senior Center
COMMERCIAL LEASE
Date: __________________, 2019
Between: CITY OF CENTRAL POINT ("Landlord")
a municipal corporation
140 S. 3rd Street
Central Point, OR 97502
And: CENTRAL POINT AREA SENIOR CITIZENS, (“Tenant”)
INC., an Oregon non-profit corporation
123 N. 2nd Street
Central Point, OR 97502
Landlord leases to Tenant, and Tenant leases from Landlord the following described
property (the "Premises") on the terms and conditions stated below:
A commercial business space consisting of approximately 1800
square feet located at 123 N. 2d Street, Central Point Oregon.
Tenant shall have the right to reasonable use of the common areas surrounding the Premises for
parking and ingress and egress consistent with the manner in which such areas are improved,
consistent with the terms of this lease, and in common with Landlord. Tenant's use of such areas
is subject to reasonable regulation.
Section 1. Occupancy
1.1 Original Term. The term of this lease shall commence on July 1, 2019. The
term of this lease shall continue for a period of two (2) years following the commencement date,
unless sooner terminated as hereinafter provided.
1.2 Renewal Option. If the lease is not in default at the time the option is exercised or
at the time the renewal term is to commence, Tenant shall have the option to renew this lease for
one successive term of two (2) years, as follows:
9.A.b
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2 – Commercial Lease
Senior Center
(1) The renewal term shall commence on the day following expiration of the preceding
term.
(2) The option will be automatically exercised unless written notice to Landlord is given
not less than 120 days prior to the last day of the expiring term. The giving of such notice, not to
renew, shall be sufficient to make the lease termination binding for the renewal term without
further act of the parties. Landlord and Tenant shall then be bound to take the steps required in
connection with the determination of rent as specified below.
(3) The terms and conditions of the lease for the renewal term shall be identical with the
original term except for rent and except that Tenant will no longer have any option to renew this
lease. Rent for the renewal term shall be continued in the same manner as during the original
term.
Section 2. Rent
9.A.b
Packet Pg. 27 Attachment: Senior Center Lease 2019 (1139 : Senior Center Lease)
3 – Commercial Lease
Senior Center
2.1 Base Rent. During the lease term, Tenant shall pay to Landlord, as base rent, the
sum of $1.00 per year.
2.2 Additional Rent. Tenant shall pay as additional rent all utility costs including
but not limited to electricity, garbage service, telephone and gas and any other sum that Tenant is
required to pay to Landlord or third parties shall be additional rent.
Section 3. Use of the Premises
3.1 Permitted Use. Tenant shall use the premises for the purpose of operating a
senior center, and any activities reasonably related thereto, so long as Tenant remains a viable,
active, non-profit corporation.
3.2 Other Civic Activities. Tenant shall manage the Premises and may also
coordinate and provide for the use of the building for other civic activities and may charge
nominal fees for such other uses and provide for reasonable rules relating thereto. Tenant’s right
to allow use of the building for other activities is subject to the following terms:
(1) Tenant shall ensure that all other civic users of the Premises provide proof of
liability insurance naming the City of Central Point as additional insured prior to being permitted
to use the Premises;
(2) All users shall execute an indemnification agreement in substantially the form
attached hereto as Exhibit “A” agreeing to release, defend and indemnify the City of Central
Point for any damage to person or property caused by such user’s use of the Premises;
(3) Activities permitted within the building must be civic in nature such as
clubs and community events and shall be subject to the facility use rules attached hereto as
Exhibit “B”;
(4) Failure of Tenant to comply with the requirements herein is a material
breach of this Agreement.
3.3 Restrictions on Use. In connection with the use of the Premises, Tenant shall:
(1) Conform to all applicable laws and regulations of any public authority affecting
the Premises and use, and correct, at Tenant's own expense, any failure of compliance created
through Tenant's fault or by reason of Tenant's use, but Tenant shall not be required to make any
structural changes to effect such compliance unless such changes are required because of
Tenant's specific use.
(2) Refrain from any activity that would make it impossible to insure the Premises
against casualty, would increase the insurance rate, or would prevent Landlord from taking
advantage of any ruling of the Oregon Insurance Rating Bureau, or its successor, allowing
9.A.b
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4 – Commercial Lease
Senior Center
Landlord to obtain reduced premium rates for long-term fire insurance policies, unless Tenant
pays the additional cost of the insurance.
(3) Refrain from any use that would be reasonably offensive to other tenants or
owners or users of neighboring premises or that would tend to create a nuisance or damage the
reputation of the Premises.
(4) Refrain from loading the electrical system or floors beyond the point considered
reasonably safe by a competent engineer or architect selected by Landlord, which limitations
shall be communicated to Tenant in writing.
(5) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial,
or other device to the exterior or interior walls, windows, or roof of the Premises without the
written consent of Landlord, which consent shall not be unreasonably delayed or withheld,
provided that Tenant shall have the right to make normal and customary interior decorations to
the Premises without the consent of Landlord.
(6) Tenant shall not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of, or otherwise released on or under the Premises. Tenant may use or otherwise handle
on the Premises only those Hazardous Substances typically used or sold in the prudent and safe
operation of the business specified in Section 3.1. Tenant may store such Hazardous Substances
on the Premises only in quantities necessary to satisfy Tenant's reasonably anticipated needs.
Tenant shall comply with all Environmental Laws and exercise the highest degree of care in the
use, handling, and storage of Hazardous Substances and shall take all practicable measures to
minimize the quantity and toxicity of Hazardous Substances used, handled, or stored on the
Premises. Upon the expiration or termination of this lease, Tenant shall remove all Hazardous
Substances from the Premises which Tenant, or Tenant's agents, employees, guests or invitees,
caused or permitted to be placed on the Premises. The term Environmental Law shall mean any
federal, state, or local statute, regulation, or ordinance or any judicial or other governmental
order pertaining to the protection of health, safety or the environment. The term Hazardous
Substance shall mean any hazardous, toxic, infectious or radioactive substance, waste, and
material as defined or listed by any Environmental Law and shall include, without limitation,
petroleum oil and its fractions.
Section 4. Repairs and Maintenance
4.1 Landlord's Obligations. The following shall be the responsibility of Landlord:
(1) Landlord shall be responsible to maintain landscape, parking lot, and exterior
building, and exterior water and lighting.
(2) Repairs and maintenance of the roof and gutters, exterior walls (including
painting), bearing walls, structural members, floor slabs, and foundation and
landscaping.
(3) Repair of interior walls, ceilings, doors, windows, and related hardware, light
fixtures, switches, and wiring and plumbing in the Premises.
(4) Repair and maintenance of sidewalks, driveways, curbs, parking areas, and areas
9.A.b
Packet Pg. 29 Attachment: Senior Center Lease 2019 (1139 : Senior Center Lease)
5 – Commercial Lease
Senior Center
used in common by Tenant and Landlord.
(5) Repair and maintenance of exterior water, sewage, gas, and electrical services up
to the point of entry to the leased Premises.
(6) Repair, replacement and maintenance of the heating and air conditioning system,
except those repairs necessitated by Tenant’s failure to properly operate the
system.
Repairs and maintenance performed by Landlord shall comply with all applicable laws and
regulations.
4.2 Tenant's Obligations. The following shall be the responsibility of Tenant:
(1) Any repairs, maintenance, and replacements necessitated by the negligence or
misuse of Tenant, its agents, employees, and invitees, including any users of the
Premises as provided in Section 3.2, except as provided in Section 6.2 dealing
with waiver of subrogation, but not including repairs that would otherwise be the
responsibility of Landlord under Section 4.1.
(2) Any repairs or alterations required under Tenant's obligation to comply with laws
and regulations as set forth in Section 3.3.
(3) All other repairs to the Premises which Landlord is not required to make under
Section 4.1 in order to maintain the Premises in first-class repair, operating
condition, working order and appearance.
4.3 Landlord's Interference with Tenant. In performing any repairs, replacements,
alterations, or other work performed on or around the Premises, Landlord shall not cause
unreasonable interference with use of the Premises by Tenant. Tenant shall have no right to an
abatement of rent or any claim against Landlord for any inconvenience or disturbance resulting
from Landlord's activities performed in conformance with the requirement of this provision,
provided however, the activities do not unreasonably disturb Tenant’s quiet enjoyment.
4.4 Reimbursement for Repairs Assumed. If either party fails or refuses to make
repairs that are required by this Section 4, the other party may make the repairs and charge the
actual costs of repairs to the first party. Such expenditures shall be reimbursed by the first party
on demand together with interest at the rate of 12 percent per annum from the date of
expenditure. Such expenditures by Tenant may not be deducted from rent and other payments
subsequently becoming due. Except in an emergency creating an immediate risk of personal
injury or property damage, neither party may perform repairs which are the obligation of the
other party and charge the other party for the resulting expense unless at least 15 days before
work is commenced, and the defaulting party is given notice in writing outlining with reasonable
particularity the repairs required, and such party fails within that time to initiate such repairs in
good faith.
4.5 Inspection of Premises. Landlord shall have the right to inspect the Premises at
any reasonable time or times, upon reasonable notice, to determine the necessity of repair.
Whether or not such inspection is made, the duty of Landlord to make repairs shall not mature
9.A.b
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6 – Commercial Lease
Senior Center
until a reasonable time after Landlord has received from Tenant written notice of the repairs that
are required.
Section 5. Alterations
5.1 Alterations Prohibited. Tenant shall make no improvements or alterations on
the Premises of any kind without first obtaining Landlord's written consent which consent shall
not be unreasonably withheld or delayed. Other than pictures, photographs, wall hangings, and
other normal and customary interior decorations to the Premises, Tenant shall not glue, nail,
screw or otherwise attach anything to the Premises without first obtaining Landlord's written
consent, which consent will not be unreasonably withheld. All alterations shall be made in a
good and workmanlike manner, and in compliance with applicable laws and building codes. As
used herein, "alterations" includes the installation of computer and telecommunications wiring,
cables, and conduit.
5.2 Ownership and Removal of Alterations. All improvements and alterations
performed on the Premises by either Landlord or Tenant shall be the property of Landlord when
installed unless the applicable Landlord's consent specifically provides otherwise. Improvements
and alterations installed by Tenant shall, at Landlord's option, be removed by Tenant and the
Premises restored unless the applicable Landlord's consent or work sheet specifically provides
otherwise.
Section 6. Casualty Insurance
6.1 Insurance Required. Landlord shall keep the Premises insured at Landlord's
expense against fire and other risks covered by a standard fire insurance policy with an
endorsement for extended coverage. Tenant may carry similar insurance insuring the property of
Tenant on the Premises against such risks but is not required to insure.
6.2 Waiver of Subrogation. Neither party shall be liable to the other (or to the
other's successors or assigns) for any loss or damage caused by fire or any of the risks
enumerated in a standard fire insurance policy with an extended coverage endorsement, and in
the event of insured loss, neither party's insurance company shall have a subrogated claim
against the other. Each party agrees to use best efforts to obtain such an agreement from its
insurer if the policy does not expressly permit a waiver of subrogation.
Section 7. Taxes; Utilities
7.1 Property Taxes. Tenant shall pay as due all taxes on its personal property
located on the Premises. Tenant shall pay as due any and all real property taxes and special
assessments that may be levied against the Premises. As used herein, real property taxes include
any fee or charge relating to the ownership, use, or rental of the Premises, other than taxes on the
net income of Landlord or Tenant except for those fees and charges described in Section 7.2.
7.2 Payment of Utilities Charges. Except as provided in this Section 7.2, Tenant
shall pay when due all charges for services and utilities incurred in connection with the use,
occupancy, operation, and maintenance of the Premises, including (but not limited to) charges
for fuel, internal water, gas, electricity, sewage disposal, power, refrigeration, air conditioning,
9.A.b
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telephone, and janitorial services. Tenant shall pay street systems development charges and
other charges and fees from the City of Central which are billed by the City with its billings for
water and sewage disposal charges. In the event that any utility services are provided by or
through Landlord, Landlord shall provide full documentation of all expenses and related charges.
Section 8. Damage and Destruction. If the Premises are destroyed or damaged such that
the cost of repair exceeds 30 percent of the value of the structure before the damage, either party
may elect to terminate the lease as of the date of the damage or destruction by notice given to the
other in writing not more than 45 days following the date of damage. In such event all rights and
obligations of the parties shall cease as of the date of termination. If neither party elects to
terminate, Landlord shall proceed to restore the Premises to substantially the same form as prior
to the damage or destruction. Work shall be commenced as soon as reasonably possible and
thereafter shall proceed without interruption except for work stoppages on account of labor
disputes and matters beyond Landlord's reasonable control.
Section 9. Liability and Indemnity
9.1 Liens
(1) Except with respect to activities for which Landlord is responsible, Tenant shall
pay as due all claims for work done on and for services rendered or material furnished to the
Premises and shall keep the Premises free from any liens. If Tenant fails to pay any such claims
or to discharge any lien, Landlord may do so and collect the cost as additional rent. Any amount
so added shall bear interest at the rate of 12 percent per annum from the date expended by
Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver
of any right or remedy which Landlord may have on account of Tenant's default.
(2) Tenant may withhold payment of any claim in connection with a good-faith
dispute over the obligation to pay, as long as Landlord's property interests are not jeopardized. If
a lien is filed as a result of nonpayment, Tenant shall, within 10 days after knowledge of the
filing, secure the discharge of the lien or deposit with Landlord cash or sufficient corporate
surety bond or other surety satisfactory to Landlord in an amount sufficient to discharge the lien
plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or
sale under the lien.
9.2 Indemnification. Tenant shall indemnify and defend Landlord from any claim,
loss, or liability arising out of or related to any activity of Tenant on the Premises or any
condition of the Premises in the possession or under the control of Tenant, unless such condition
is caused by or occurred through the negligence of Landlord. Landlord shall have no liability to
Tenant for any injury, loss, or damage caused by third parties, or by any condition of the
Premises except to the extent caused by Landlord's negligence or intentional or fraudulent act or
omission or Landlord's breach of duty under this lease, or such acts by Landlord's agents,
employees.
9.3 Liability Insurance. Before going into possession of the Premises, Tenant shall
procure and thereafter during the term of the lease shall continue to carry the following insurance
at Tenant's cost: commercial general liability policy (occurrence version) with a responsible
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company with coverage for bodily injury and property damage liability, personal and advertising
injury liability, and medical payment with a general aggregate limit of not less than $2,000,000
and a per occurrence limit of not less than $1,000,000. Such insurance shall cover all risks
arising directly or indirectly out of Tenant's activities on or any condition of the Premises
whether or not related to an occurrence caused or contributed to by Landlord's negligence. Such
insurance shall protect Tenant against the claims of Landlord on account of the obligations
assumed by Tenant under Section 9.2 and shall name Landlord as an additional insured.
Certificates evidencing such insurance and bearing endorsements requiring 10 days' written
notice to Landlord prior to any change or cancellation shall be furnished to Landlord prior to
Tenant's occupancy of the property.
Section 10. Assignment and Subletting. Except as otherwise provided in Section 3.2 herein,
no part of the Premises may be assigned, mortgaged, or subleased without the prior written
consent of Landlord. This provision shall apply to all transfers by operation of law. No consent
in one instance shall prevent the provision from applying to a subsequent instance. Landlord
shall consent to a transaction covered by this provision when withholding such consent would be
unreasonable in the circumstances. Tenant shall remain fully liable on this Lease and shall not
be released from performing any of the terms, covenants and conditions of this Lease in the
event of sublease or assignment.
Section 11. Default
The following shall be events of default:
11.1 Default in Rent. Failure of Tenant to pay any rent or other charge within 10 days
after it is due.
11.2 Default in Other Covenants. Failure of Tenant to comply with any term or
condition or fulfill any obligation of the lease (other than the payment of rent or other charges)
within 20 days after written notice by Landlord specifying the nature of the default with
reasonable particularity. If the default is of such a nature that it cannot be completely remedied
within the 20-day period, this provision shall be complied with if Tenant begins correction of the
default within the 20-day period and thereafter, proceeds with reasonable diligence and in good
faith to effect the remedy as soon as practicable.
11.3 Insolvency/Loss of Nonprofit Status. Insolvency of Tenant; an assignment by
Tenant for the benefit of creditors; the filing by Tenant of a voluntary petition in bankruptcy; an
adjudication that Tenant is bankrupt or the appointment of a receiver of the properties of Tenant;
the filing of any involuntary petition of bankruptcy and failure of Tenant to secure a dismissal of
the petition within 30 days after filing; attachment of or the levying of execution on the leasehold
interest and failure of Tenant to secure discharge of the attachment or release of the levy of
execution within 10 days, and/or loss of nonprofit status shall constitute a default. If the lease
has been assigned, the events of default so specified shall apply only with respect to the one then
exercising the rights of Tenant under the lease.
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11.4 Abandonment. Failure of Tenant for 15 days or more to occupy the Premises for
one or more of the purposes permitted under this lease, unless such failure is excused under other
provisions of this lease.
Section 12. Remedies on Default
12.1 Termination. In the event of a default the lease may be terminated at the option
of Landlord by written notice to Tenant. Whether or not the lease is terminated by the election
of Landlord or otherwise, Landlord shall be entitled to recover damages from Tenant for the
default, and Landlord may reenter, take possession of the Premises, and remove any persons or
property by legal action or by self-help with the use of reasonable force and without liability for
damages and without having accepted a surrender.
12.2 Reletting. Following reentry or abandonment, Landlord may relet the Premises
and in that connection may make any customary and suitable alterations or refurbish the
Premises, or both, or change the character or use of the Premises (exclusive of capital
improvement costs to the common areas), but Landlord shall not be required to relet for any use
which Landlord may reasonably consider injurious to the Premises, or to any tenant that
Landlord may reasonably consider objectionable. Landlord may relet all or part of the Premises,
alone or in conjunction with other properties, for a term longer or shorter than the term of this
lease, upon any reasonable terms and conditions, including the granting of normal and customary
rent-free occupancy or other rent concessions.
12.3 Damages. In the event of termination or retaking of possession following default,
Landlord shall be entitled to recover immediately, without waiting until the due date of any
future rent or until the date fixed for expiration of the lease term, the following amounts as
damages:
(1) The loss of rental from the date of default until a new tenant is, or with the exercise
of reasonable efforts could have been, secured and paying out.
(2) The reasonable costs of reentry and reletting including without limitation the cost
of any cleanup, refurbishing, removal of Tenant's property and fixtures, costs incurred under
Section 12.5, or any other expense occasioned by Tenant's default including but not limited to,
any remodeling or repair costs, attorney fees, court costs, broker commissions, and advertising
costs.
(3) Any excess of the value of the rent and all of Tenant's other obligations under this
lease over the reasonable expected return from the Premises for the period commencing on the
earlier of the date of trial or the date the Premises are relet and continuing through the end of the
term. The present value of future amounts will be computed using a discount rate equal to the
prime loan rate of major Oregon banks in effect on the date of trial.
12.4 Right to Sue More than Once. Landlord may sue periodically to recover
damages during the period corresponding to the remainder of the lease term, and no action for
damages shall bar a later action for damages subsequently accruing.
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12.5 Landlord's Right to Cure Defaults. If Tenant fails to perform any obligation
under this lease, Landlord shall have the option to do so after 30 days' written notice to Tenant.
All of Landlord's expenditures to correct the default shall be reimbursed by Tenant on demand
with interest at the rate of 12 percent annum from the date of expenditure by Landlord. Such
action by Landlord shall not waive any other remedies available to Landlord because of the
default.
12.6 Remedies Cumulative. The foregoing remedies shall be in addition to and shall
not exclude any other remedy available to Landlord under applicable law.
Section 13. Surrender at Expiration
13.1 Condition of Premises. Upon expiration of the lease term or earlier termination
on account of default, Tenant shall deliver all keys to Landlord and surrender the Premises in
first-class condition and broom clean. Alterations constructed by Tenant with permission from
Landlord shall not be removed or restored to the original condition unless the terms of
permission for the alteration so require. Tenant's obligations under this section shall be
subordinate to the provisions of Section 8 relating to destruction.
13.2 Fixtures
(1) All fixtures placed upon the Premises during the term, other than Tenant's trade
fixtures, shall, at Landlord's option, become the property of Landlord. If Landlord so elects,
Tenant shall remove any or all fixtures that would otherwise remain the property of Landlord,
and shall repair any physical damage resulting from the removal. If Tenant fails to remove such
fixtures, Landlord may do so and charge the cost to Tenant with interest at the legal rate from the
date of expenditure.
(2) Prior to expiration or other termination of the lease term Tenant shall remove all
furnishings, furniture, and trade fixtures that remain its property. If Tenant fails to do so, this
shall be an abandonment of the property, and Landlord may retain the property and all rights of
Tenant with respect to it shall cease 10 days following written notice to Tenant of such
abandonment, or, by notice in writing given to Tenant within 20 days after removal was required,
Landlord may elect to hold Tenant to its obligation of removal. If Landlord elects to require
Tenant to remove, Landlord may effect a removal and place the property in public storage for
Tenant's account. Tenant shall be liable to Landlord for the cost of removal, transportation to
storage, and storage, with interest at the legal rate on all such expenses from the date of
expenditure by Landlord.
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13.3 Holdover
(1) If Tenant does not vacate the Premises at the time required, Landlord shall have
the option to treat Tenant as a tenant from month to month, subject to all of the provisions of this
lease except the provisions for term and renewal, or to eject Tenant from the Premises and
recover damages caused by wrongful holdover. Failure of Tenant to remove fixtures, furniture,
furnishings, or trade fixtures that Tenant is required to remove under this lease shall constitute a
failure to vacate to which this section shall apply if the property not removed will substantially
interfere with occupancy of the Premises by another tenant or with occupancy by Landlord for
any purpose including preparation for a new tenant.
(2) If a month-to-month tenancy results from a holdover by Tenant under this Section
13.3, the tenancy shall be terminable at the end of any monthly rental period on written notice
from Landlord given not less than 30 days prior to the termination date which shall be specified
in the notice. Tenant waives any notice that would otherwise be provided by law with respect to
a month-to-month tenancy.
Section 14. Miscellaneous
14.1 Nonwaiver. Waiver by either party of strict performance of any provision of this
lease shall not be a waiver of or prejudice the party's right to require strict performance of the
same provision in the future or of any other provision.
14.2 Attorney Fees. If suit or action is instituted in connection with any controversy
arising out of this lease, the prevailing party shall be entitled to recover in addition to costs such
sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on
appeal.
14.3 Notices. Any notice required or permitted under this lease shall be given when
actually delivered or 48 hours after deposited in United States mail as certified mail addressed to
the address first given in this lease or to such other address as may be specified from time to time
by either of the parties in writing.
14.4 Succession. Subject to the above-stated limitations on transfer of Tenant's
interest, this lease shall be binding on and inure to the benefit of the parties and their respective
successors and assigns.
14.5 Recordation. This lease shall not be recorded without the written consent of
Landlord.
14.6 Entry for Inspection. Upon reasonable notice, Landlord shall have the right to
enter upon the Premises at any time to determine Tenant's compliance with this lease, to make
necessary repairs to the building or to the Premises, or to show the Premises to any prospective
tenant or purchaser, and in addition shall have the right, at any time during the last four months
of the term of this lease, to place and maintain upon the Premises notices for leasing or selling of
the Premises.
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14.7 Good Faith Requirement. Notwithstanding anything to the contrary herein,
each party hereto shall act in good faith in a commercially reasonable manner in discharging
each and every one of its duties and obligations or in exercising its rights under this lease.
IN WITNESS WHEREOF, CITY OF CENTRAL POINT, as "Landlord", and
CENTRAL POINT AREA SENIOR CITIZENS, INC., as "Tenant", have signed and
acknowledged this agreement the day and year first above written.
CENTRAL POINT AREA SENIOR CITY OF CENTRAL POINT
CITIZENS, INC.,
____________________________ _____________________________
By: By:
Its: Its:
"Tenant" "Landlord"
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EXHIBIT “A”
Indemnification Agreement for Users of Premises
to be executed as a condition of use of the Premises
In partial consideration for (Name of User of Premises) right to use the Premises
located at 123 N. 2nd Street, Central Point, Oregon, the undersigned shall indemnify and defend
the City of Central Point from any claim, loss, or liability arising out of or related to any activity
of the undersigned on the Premises or any condition of the Premises in the possession or under
the control of the undersigned, unless such condition is caused by or occurred through the
negligence of the City of Central Point. The City of Central Point shall have no liability to the
undersigned for any injury, loss, or damage caused by third parties, or by any condition of the
Premises except to the extent caused by the City of Central Point's negligence or intentional or
fraudulent act or omission of the City, or its employees.
Date:____________________ _______________________________
9.A.b
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Exhibit “B”
Facility Rules
Facility Use Guidelines
1. Users must set-up and remove any chairs, tables, and equipment used in the rented
area. Rented area must be returned to its original condition and equipment arrangement.
2. All equipment and supplies must be removed at the completion of the rental. In the
event that your rental required additional equipment, tables, chairs or AV equipment
that was provided by the Senior Center, these items must be placed back into their
proper storage area.
3. Attendance is limited to the occupant load of the facility as established by the City
Fire Marshall or as determined by the City of Central Point.
4. Renters are to adhere to the following rules:
a. No smoking or tobacco use on City property (inside or outside)
b. No alcoholic beverages on City property (inside or outside)
c. No bicycles, skateboards or roller skates in the building
d. No open flames, sterno, candles or incense
e. Close windows and turn off lights as you leave your rental area
5. Users shall not drive any nails, screws, tacks, pins or other objects into the floors, walls,
ceilings, partitions, doors and window casings. The use of duct tape on walls is
prohibited.
6. No structure or sets are to be built unless specifically provided for herein, and no
shrubbery or trees are to be cut, trimmed or injured.
7. Sound amplification permit must be requested from the City of Central Point when
applying to use the facility.
8. At no time shall exits or electrical panels be covered or obstructed.
9. No equipment, tables, chairs or any other items that cause obstruction shall be placed
in hallways.
10. Authorized representatives of the City or the Senior Center have the right to enter the
facility/area any time during a scheduled event.
11. If any damage is done to the facility during the course of the reservation, or the user
leaves the premises in a messy condition, the Senior Center may assess an additional fee
to cover the costs of repairs or cleanup, including additional costs.
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12. The City of Central Point and/or the Senior Center retains the right to cancel a reservation
due to unforeseen circumstances or to revoke permission for use of the facility at any
time.
13. The Central Point Parks and Recreation Department and/or Senior Center may terminate
rental activity when necessary for the safety and enjoyment of the public, if the user
violates rules and regulations of the City of Central Point, or if cancellation is deemed
necessary in the public interest. No refunds of fees, rents, or deposits will be made due to
the termination of the rental through the violation of rules.
14. Users may not assign or sublease any portion of the premises, or any rights under the
permit without prior approval. Any such assignment or sublease shall be void and the
City or Senior Center shall have the right to exclude any and all persons from the facility
attempting to exercise any right or privilege under such assignment or sublease.
15. Requests to hold events that include sales of merchandise or goods may require
City Council approval.
9.A.b
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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: May 23, 2019
SUBJECT: Resolution No. ______, Approving that IGA with Jackson County School
District No. 6 and the City of Central Point for Joint Use of District and
City Recreation Facilities and Authorizing the City Manager to Execute
Agreement
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
City Staff and Legal Counsel have been working with School District 6 on renewing an
Agreement regarding joint use of City and School recreational facilities. The agreement
formalizes the joint use of facilities and addresses areas of needed concern. Major changes
include specifics on selection and availability of City and School property and the respective
responsibilities for maintenance and improvements to those facilities.
If the Council approves the Agreement, it would become effective upon approval of Agreement
by the School Board.
FINANCIAL ANALYSIS: N/A
LEGAL ANALYSIS:
The City is authorized to enter into an intergovernmental agreement pursuant to ORS 190.010.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Proactive Government and Citizen Involvement Goal 1- Build strong relationships between
government and its citizens.
Strategies:
a) Initiate effective communication by implementing varied methods to reach as many
citizens as possible (e.g. .Town Hall meetings, social gatherings, reestablish gathering
places (businesses/homes), build upon existing, events, set up kiosks, local
newspaper/newsletter/website, marketing/advertising, personal contact);
b) Collaborate with other governmental agencies, public and private enterprises, pooling
resources ( e.g. School District #6, RCC/SOU, Library, Theater, RVCOG, Chamber of
9.B
Packet Pg. 41
Commerce);
c) Regularly survey the needs of citizens.
STAFF RECOMMENDATION:
Approval of the resolution approving the Agreement between the City and School District for
joint use of facilities.
RECOMMENDED MOTION:
Approve Resolution No. ______ approving an Agreement with School District 6 for joint use of
City and School District recreation facilities.
ATTACHMENTS:
1. RESO Approving IGA with School District Facilities
2. IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16
9.B
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Res. No.___________; May 23, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING THAT INTERGOVERNMENTAL AGREEMENT WITH
JACKSON COUNTY SCHOOL DISTRICT #6 AND THE CITY OF CENTRAL POINT FOR
JOINT USE OF DISTRICT AND CITY RECREATION FACILITIES AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AGREEMENT
Recitals:
A. Jackson County School District #6 (“District”) and City each own real property in the City
of Central Point, including facilities and active use areas, that are capable of being used
by the respective agencies for community recreational purposes.
B. The City finds these publicly held lands and facilities should be used most efficiently to
maximize use and increase recreational opportunities for the community.
C. ORS 190.010 authorizes the City to enter into agreements with other governmental
agencies to promote the health and general welfare of the community.
D. City staff has negotiated an intergovernmental agreement with District for Joint Use of
recreation facilities.
E. The agreement will enhance the recreational opportunities afforded to the children and
adults in the community.
The City of Central Point resolves as follows:
Section 1. The City hereby approves that Joint Use of District and City Recreation Agreement
between City and Jackson County School District #6, as set forth on the attached Exhibit “A”.
Section 2. The City Manager or his designee is authorized to sign said agreement in
substantially the form attached hereto as Exhibit “A”.
Passed by the Council and signed by me in authentication of its passage this _____ day
of May, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.B.a
Packet Pg. 43 Attachment: RESO Approving IGA with School District Facilities (1140 : School District Shared Use - IGA)
City of Central Point and Jackson County School District
#6
Joint Use of District and City Recreation Facilities Agreement
THIS AGREEMENT is made and entered into this ______ day of May, 2019 by
and between City of Central Point, a municipal corporation, hereinafter referred to as "City",
and Jackson County School District # 6, a public school district hereinafter referred to as
"District."
Recitals
WHEREAS, District is the owner of real property in the City of Central Point, including
facilities and active use areas that are capable of being used by City for community
recreational purposes; and
WHEREAS, City is the owner of real property in the City of Central Point, including
facilities and active use areas that are capable of being used by District for school
recreational purposes; and
WHEREAS, under appropriate circumstances, these publicly held lands and facilities should
be used most efficiently to maximize use and increase recreational opportunities for the
community; and
WHEREAS, ORS 190.010 authorizes the governing bodies to enter into agreements with
each other to promote the health and general welfare of the community and contribute to
enhance the recreational opportunities afforded to the children in the community; and
NOW, THEREFORE, District and City agree to cooperate with each other as follows:
1. Term
This Agreement will begin on July 1, 2019 and will continue thereafter until terminated
in the manner set forth in Section 17 of this Agreement.
2. Cooperative Agreement
As provided herein, District and City hereby agree to cooperate in coordinating
programs and activities conducted on all their respective properties and in all their
respective facilities that are listed on Attachment A (“District Property”) and
Attachment B (“City Property”). District and City shall have the right to add or exclude
properties during the term of this Agreement, provided that any such change shall be in
writing and approved by both District and City. Reference to District Property or City
Property in this Agreement shall include the facilities and the property upon which the
facilities are located. As used in this Agreement, “Owner” shall mean the party to this
Agreement that owns a particular property and/or facility covered by this Agreement,
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and “User” shall mean the other party using the Owner’s property and/or facility under
the terms of this Agreement. “Public Access Hours” shall mean the hours during which
City or third parties use District Property, or District or third parties use City Property.
3. Permitted Uses
a. District Property (excluding Twin Creeks “Civic Fields”)
i District Use
District shall be entitled to the exclusive use of District Property for public
school and school-related educational and recreational activities, including
summer school, and at such other times as District Property is being used by
District or its agents.
ii City Use
At all times other than periods of District’s exclusive use, and subject to the
schedule developed by City and District, City will be entitled to use District
Property without charge on a “first come, first served” basis for community,
recreational, and educational purposes for the benefit of District students,
District, and City at large. City shall enforce all District rules, regulations, and
policies provided by District while supervising community recreational activities
on District Property. In planning programs and scheduling activities on school
grounds, the security, academic, athletic, and recreational needs and
opportunities of school-aged children will be the highest priority and be
adequately protected.
b. City Property (excluding Mae Richardson Elementary Fields)
i City Use
City shall be entitled to exclusive use of City Property for the regular conduct of
park, recreation, and community service activities and/or programs sponsored by
City.
ii District Use
At all times other than periods of City’s exclusive use, and subject to the
schedule developed by City and District, City will permit District to use City
Property on a “first come, first served” basis, without charge for District
educational and recreational activities and/or programs. District shall enforce all
City rules, regulations, and policies provided by City while supervising
community recreational activities on City Property.
c. Use of Twin Creeks “Civic Fields” and Mae Richardson “Fields”
i Ownership. Twin Creeks “Civic Fields” are owned by District and maintained
by City at City’s sole cost. The fields located to the North and South of Mae
9.B.b
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Richardson Elementary School (the “Mae Richardson Fields”) are owned by City
and maintained by District at District’s sole cost.
ii District Priority of Use. District shall have first priority to use without charge
the Civic Fields and the Mae Richardson Fields for public school and school-
related educational and recreational activities, including summer school, and at
such other times as District Property is being used by District or its agents. For
purposes of this section, school related recreational activities include official
sponsored school clubs, high-school and middle school sports team activities, but
does not include club teams such as Junior Comets.
iii City Use. At all other times and subject to the schedule developed by City and
District, City will be entitled to use the Civic Fields and Mae Richardson Fields
without charge on a next priority basis for community, recreational, and
educational purposes for the benefit of District students, District, and City at
large. In planning programs and scheduling activities on school grounds, the
security, academic, athletic, and recreational needs and opportunities of school-
aged children will be the highest priority and be adequately protected.
iv Third-Party Use Authorized by City or District
i. Priorities of Use. City and District agree that in providing access to the Civic
Fields and Mae Richardson Fields for use other than by District or City, the
following priorities for use shall be established:
Category 1 Activities for youth such as youth athletic clubs, City
leagues, children’s classes
Category 2 District adult programs or activities.
Category 3 Other adult programs or activities or special events.
ii. City and District Responsibilities. City and District’s obligations under this
Agreement shall apply to third parties authorized by City or District using such
fields. City and District shall be responsible for ensuring that third parties
authorized by City or District comply with all obligations under this Agreement
when using such property. City shall enforce all District rules, regulations, and
policies provided by District while supervising community recreational activities
on District Property. District shall enforce all City rules, regulations, and policies
provided by City while supervising community recreational activities on City
Property. In planning programs and scheduling activities on school grounds, the
security, academic, athletic, and recreational needs and opportunities of school-
aged children will be the highest priority and be adequately protected.
4. Compliance with Law/Non Discrimination
a. All use of District and City Property shall be in accordance with state and local law.
In the case of a conflict between the terms of this Agreement and the requirements of
9.B.b
Packet Pg. 46 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
state law, the state law shall govern. Any actions taken by District or City that are
required by state law, but are inconsistent with the terms of this Agreement, shall not
be construed to be a breach or default of this Agreement.
b. All joint use programming and activities scheduled under this Agreement will
comply with the Owner’s policies prohibiting discrimination.
5. Communication
a. Designation of Employees
District and City shall respectively designate an employee with whom the other
party, or any authorized agent of the party, may confer regarding the terms of this
Agreement.
b. Joint Use Interagency Team
District and City shall establish a Joint Use Interagency Team (“Interagency Team”),
composed of staff representatives of District and City, to develop the schedule for
use of District and City Property (including the Civic Fields and Mae Richardson
Fields) to recommend rules and regulations for District and City to adopt to
implement this Agreement, to monitor and evaluate the joint use project and
Agreement, and to confer to discuss interim problems during the term of the
Agreement.
i The Interagency Team shall hold conference calls or meetings annually, or at
such other times as agreed to by the Interagency Team to review the performance
of the joint use project and to confer to discuss interim problems during the term
of the Agreement. If the Joint Use Interagency Team is unable to reach a solution
on a particular matter, it will be referred to the District Superintendent and the
City Manager or their designees, for resolution.
6. Scheduling Use of Property
a. Master Schedule
District and City shall develop a master schedule for joint use of District and City
Property to allocate property use to District, City, and third parties. The Interagency
Team shall schedule regular meetings in October, February, June or at such other
times as mutually agreed upon by District and City. At these meetings, District and
City will review and evaluate the status and condition of jointly used properties and
modify or confirm the upcoming season schedule. The initial Master Schedule is
attached hereto as Attachment C, incorporated herein by reference.
b. Scheduling of City Property
City shall have the responsibility for scheduling third party use of City Property and
the Civic Fields using the priorities established in section 3.
9.B.b
Packet Pg. 47 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
c. Scheduling of District Property
District shall be responsible for scheduling third party use of District Property and
the Mae Richardson Fields using the priorities established in section 3.
d. Changes to Schedules of Use. In the event an unanticipated change of schedule is
required, either party must provide the other party written notice no less than 30-
days prior to the proposed change or, in the event of emergency, as much notice as
may be reasonably practicable under the circumstances. Notwithstanding the
foregoing, where such change would impact an event which has: 1) already opened
for registration; 2) been published in the City Recreation Guide; 3) or otherwise
would detrimentally impact a previously planned event, such schedule change shall
not become effective until the completion of such previously planned event, absent
the written consent of both District and City.
7. Tracking Use of Facilities
District and City shall each track use of their respective Properties under this Agreement
for purposes of the Annual Review of Benefits described in Section 8.b, below.
8. Fees and Charges
a. Fees Except as otherwise provided in this Agreement, each party shall retain all
revenues (including fees) resulting from its respective program activities, including
rental fees paid by third parties to the scheduling party under this Agreement,
consistent with controlling laws, rules and regulations.
b. Annual Review of Benefits District and City may annually review the exchange of
benefits based upon hours of use, costs, fees, and charges. Any compensation for an
imbalance in joint use programming costs shall occur through balancing the
exchange of future benefits unless otherwise agreed in writing by the parties.
9. Improvements
a. District shall obtain prior written consent of City to make any alterations, additions,
or improvements to City Property; City shall obtain prior written consent of District
to make any alterations, additions, or improvements to District Property. With
respect to any permanent improvements proposed to be made, the terms of any such
written consent shall also address the ownership and/or valuation of such
improvements in the event of the sale of the underlying property.
b. Any such alterations, additions, or improvements will be at the expense of the
requesting party, unless otherwise agreed upon.
c. Each party may, for good cause, require the demolition or removal of any alterations,
additions, or improvements made by the other party at the expiration or termination
of this Agreement. “Good cause” includes reasons of health, safety, or District’s
need to use District Property for educational purposes or City’s need to use City
9.B.b
Packet Pg. 48 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
Property for municipal purposes.
10. Supervision, Security, and Inspections
a. Supervision and Enforcement
Each User shall train and provide an adequate number of competent personnel to
supervise all activities on the Owner’s Property. The User shall enforce all of the
Owner’s rules, regulations, and policies while supervising activities or programs on
the Owner’s Property. The User shall be responsible for the costs of all its personnel
supervising such activities or otherwise acting on behalf of the User in carrying out
this Agreement, including but not limited wages, salaries, workers’ compensation
and other employment benefits provided by the User.
b. Security
The Owner shall provide the User with access to the Owner’s Property. The Owner
will provide keys, security cards, and training as needed to the User’s employee(s)
responsible for opening and locking the Owner’s Property while supervising
activities or programs.
c. Inspection and Notification
The User shall inspect the Owner’s Property after use to ensure these sites are
returned in the condition they were received. The User shall ensure the Owner is
notified within two (2) business days in the event that Owner’s Property suffers
damage during User’s use. Such notification shall consist of sending written
notification by letter, facsimile, or email to the Owner’s designated employee
identifying the damaged property, date of detection, name of inspector, description
of damage, and estimated or fixed costs of repair or property replacement.
11. Supplies
The User shall furnish and supply all expendable materials necessary to carry out its
programs while using the Owner’s Property.
12. Maintenance, Custodial Services
a. Maintenance
The User agrees to exercise due care in the use of the Owner’s Property. The User
shall during the time of its use keep the Owner’s Property in neat order. Except as
otherwise provided in Sections 3(c)(i) and 14 herein, the Owners shall be responsible
for the regular maintenance, repair, and upkeep of their respective Properties.
b. Custodial
The Owner shall make its trash receptacles available during the User’s use of
Owner’s Property. The User shall encourage community users to dispose of trash
and pet waste in the trash receptacles during Public Access Hours.
9.B.b
Packet Pg. 49 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
13. Parking
During Public Access Hours, District shall make available for public parking the parking
facilities associated with the respective site.
14. Restitution and Repair
The User shall make restitution for the repair of damage to the Owner’s Property during
User’s use of Owner’s Property.
a. Inspection and Notification The User shall, through its designated employee,
inspect and notify the Owner, of any damage, as described above in subsection
10(c).
b. Repairs Except as mutually agreed, the User shall not cause repairs to be made for
any property, facility, building, or item of equipment for which the Owner is
responsible. The Owner agrees to make such repairs within the estimated and/or
fixed costs agreed upon between the parties. If it is mutually determined or if it is the
result of problem-resolution under section 14(d) of this Agreement that the User is
responsible for the damage, then the User agrees to reimburse the Owner at the
estimated and/or fixed costs agreed upon. For purposes of this Agreement, repairs
mean work needed to correct damage to the Property caused by the User, its
employees, agents, guests or licensees. Notwithstanding the foregoing, repairs do
not include work necessitated by regular wear and tear such as replacement of a
sprinkler heads, mowing, trimming or reseeding grass.
c. Reimbursement Procedure The Owner shall send an invoice to the User’s
designated employee within ten (10) days of completion of repairs or replacement of
damaged Property. The invoice shall itemize all work hours, equipment, and
materials with cost rates as applied to the repair work. If the repair is completed by a
contractor, a copy of the contractor’s itemized statement shall be attached. Actual
costs shall be reimbursed if less than estimated and/or fixed costs. The User shall
reimburse the Owner within thirty (30) days from receipt of such invoice.
d. Disagreements The User shall retain the right to disagree with any and all items of
damage to buildings or equipment as identified by the Owner, provided this
disagreement is made within ten (10) days after a first notification.
i The User shall notify the Owner of any disagreements in writing by letter,
facsimile, or email to District’s designated employee. The User shall clearly
identify the reasons for refusing responsibility for the damages. Failure to make
the disagreement within the prescribed time period shall be considered as an
acceptance of responsibility by the User.
ii After proper notification, members of the Joint Use Interagency Team, or other
designated representatives of City and District, shall make an on-site
9.B.b
Packet Pg. 50 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
investigation and attempt a settlement of the disagreement.
iii In the event an agreement cannot be reached, the matter shall be referred to the
City Manager and the District’s Superintendent, or their designees, for
resolution.
iv The Owner shall have the right to make immediate emergency repairs or
replacements of Property without voiding the User’s right to disagree.
15. Liability and Indemnification
To the fullest extent permitted by law, and subject to the Oregon Tort Claims Act, each
party to this Agreement shall indemnify, defend, and hold harmless the other party, its
elected officials, officers, agents, employees and volunteers from and against any and
all claims, causes of action, liability, suits, judgments and expenses, including
reasonable attorney’s fees and costs, for death or injury to persons, or loss of or damage
to property, to the extent that such claims arise out of, relate to or are connected with
actual or alleged negligence of the party from whom indemnification is sought, or of
such party’s employees, agents, contractors or officers, in connection with this
Agreement.
16. Insurance
District and City agree to provide the following insurance in connection with this
Agreement.
a. Commercial General Liability for bodily injury and property damage, including
Personal Injury and Blanket Contractual, with limits of at least $10,000,000.00 per
occurrence and $30,000,000.00 aggregate.
b. Workers’ compensation coverage, as required by Oregon law.
c. City, its officials, officers, employees, agents and volunteers shall be added as an
additional insured on District's general liability insurance coverage, throughout the
term of this Agreement. District, its officials, officers, employees, agents and
volunteers shall be added as an additional insured on the City’s general liability
insurance coverage, throughout the term of this Agreement.
d. District and City shall provide to each other a certificate of insurance each year this
Agreement is in effect showing proof of the above coverage. In the event District or
City is self-insured for the above coverage, such agency shall provide a letter stating
its agreement to provide coverage for any claims resulting from its negligence in
connection with joint use facilities in the above amounts.
17. Termination
This Agreement may be terminated at any time, for any reason upon one-hundred-eighty
(180) days prior written notice to the other party. This Agreement may also be
terminated immediately by either party if the other party fails to comply with the
9.B.b
Packet Pg. 51 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
provisions of this Agreement and, after receipt of written notice, fails to correct such
failures within thirty (30) days.
18. Entire Agreement
This Agreement constitutes the entire understanding between the parties with respect to
the subject matter and supersedes any prior negotiations, representations, agreements,
and understandings.
19. Amendments
This Agreement may not be modified, nor may compliance with any of its terms be
waived, except by written instrument executed and approved in the same manner as this
Agreement.
20. General Provisions
a. No Joint Venture Nothing herein in intended to create an employment relationship,
joint venture or partnership between the parties herein.
b. No Liens Neither party shall create or incur, or suffer to be created or incurred, or to
exist, any mortgage, pledge, encumbrance, lien, charge, or any other security interest
of any kind on the property of the other without the other's prior written consent.
Each party shall discharge, bond, or insure over or otherwise release or collateralize
to the other's reasonable satisfaction any mechanic's, laborer's, material's,
warehouseman's or other lien or stop notice filed against the other's property within
twenty (20) days after the date the lien or stop notice is filed.
c. Notice Any notice required or intended to be given to either party under the terms of
this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by email/facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid,
return receipt requested, addressed to the party to which notice is to be given at the
party's address set forth on the signature page of this Agreement or at such other
address as the parties may from time to time designate by written notice. Notices
served by United States mail in the manner above described shall be deemed
sufficiently served or given at the time of mailing thereof.
d. Arbitration Required/Mediation First Option. Any dispute or claim that arises
out of or that relates to this agreement, or to the interpretation or breach thereof, or to
the existence, validity, or scope of this agreement or the arbitration agreement, shall
be resolved by arbitration in accordance with the then effective arbitration rules of
(and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon
the award rendered pursuant to such arbitration may be entered in any court having
jurisdiction thereof. The parties acknowledge that mediation helps parties settle their
dispute and any party may propose mediation whenever appropriate through
Arbitration Service of Portland or any mediator selected by the parties.
9.B.b
Packet Pg. 52 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
e. Waiver The waiver by either party of a breach by the other, or any subsequent
breach of this Agreement shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement. No
provisions of this Agreement may be waived unless in writing and signed by all
parties to this Agreement. Waiver of any one provision herein shall not be deemed
to be a waiver of any other provision herein.
f. Severability The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision, or part thereof, shall not affect the validity of
invalidity of any other provision.
g. No Effect on Leases Nothing herein is intended to amend any existing leases
between the parties.
CITY OF CENTRAL POINT JACKSON COUNTY SCHOOL DISTRICT
NO. 6
______________________________ ______________________________
By: Chris Clayton, City Manager By: Samantha Steele, District
Superintendent
9.B.b
Packet Pg. 53 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
ATTACHMENT “A”
DISTRICT PROPERTY
The following District facilities will be available for City use. Facilities include parking
areas, athletic courts, tracks and fields.
Central Point Elementary School –
Jewett Elementary School – 1001 Manzanita Street
Mae Richardson Elementary School – 200 West Pine Street
Scenic Middle School – 1955 Scenic Avenue
Crater High School – 655 North Third Street
Crater High School Land Lab – 5040 Upton Road
Early Learning Center (Formerly Asante) – 615 South 2nd Street
Anhorn Athletic Fields – 5042 Upton Road
District Admin Offices – 300 Ash Street
9.B.b
Packet Pg. 54 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
ATTACHMENT B
CITY PROPERTY
All city parks and associated facilities will be available for District use. Associated
facilities include gazebos, basketball and tennis courts, and soccer and multiuse fields,
specifically:
Cascade Meadows Park, 852 Haskell Street
Don Jones Memorial Park, 223 West Vilas Road
Flanagan Park, 200 Tiffany Avenue
Forest Glen Park, 1101 Gate Park Drive
Griffin Oaks Park, Blue Moon Drive
Joel Tanzi Skate Park, 403 S. 4th Street
Menteer Memorial Park, 136 Brandon Street
Robert Pfaff Park, 635 Manzanita Street
Skyrman Arboretum, 4588 N. Pacific Highway
Twin Creeks Park, 555 Twin Creeks Crossing Loop
Van Horn Park, 950 Freeman Road
William Mott Memorial Park, 2190 Jeremy Road
Community Center Park, 403 S. 4th Street
Fields to North and South of Mae Richardson Elementary School.
9.B.b
Packet Pg. 55 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
ATTACHMENT C
MASTER SCHEDULE
DISTRICT PROPERTY:
District owned properties and associated facilities as available for use by the City year
round, subject to any prior reservations or scheduled uses which will take priority over
City’s use. The exception to this is the Mae Richardson Fields, which are owned by the City
but managed and maintained by the District. The District will have priority use of the Mae
Richardson Fields.
CITY PROPERTY:
City managed park properties and associated facilities such as gazebos, tennis courts, etc.
are available for use by the District year around but existing private reservations will take
priority over District use. The exception to this is the Civic Fields which are owned by the
District but managed and maintained by the City. The District will have priority use of these
facilities.
9.B.b
Packet Pg. 56 Attachment: IGA CP-Sch Dist Facility Use (5) - FINAL - 2019.5.16 (1140 : School District Shared Use - IGA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: May 23, 2019
SUBJECT: Resolution No. _________, Supporting Oregon Public Employee
Retirement System (PERS) Reform.
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Cities and Counties throughout the State are being asked to consider resolutions supporting
Oregon Public Retirement System (PERS) reform based on the principles provided below. After
being contacted about the issue, Mayor Williams requested that I prepare a resolution for
Council Consideration similar to what other local government agencies had approved or
considered.
Principles of PERS Reform
1. Keep the promise for all benefits earned to date – for public employees who are retired
and for those still in the workforce. This is both a legal requirement and a commitment to
fairness.
2. Maintain the basic retirement benefits of the PERS pension plans for those in the current
system. These basic benefits are based on years-of-service formulas that provide 45-
50% of an employee’s “final average salary” after 30 years of employment. With Social
Security providing an additional 20-40% of final salary, these benefits meet the test of
adequate, even generous, retirement benefits.
3. Recognize that there are excesses in the current system that can and should be
corrected on a going forward basis. These excesses, like the Money Match program for
pre-2003 employees, continue to produce pension payouts far above the system’s
years-of-service formulas. Ditto for the use of unused sick leave and retirement to boost
benefits for older employees. These add-on features can and should be changed
prospectively without reducing the basic benefits of the system’s pension plans.
4. Ensure that employees share in the cost of supporting their retirement benefits,
consistent with standard practices in both public and private sector plans. This used to
be the case for the PERS pension plan until 2003, when employee contributions were
shifted to a separate retirement savings plan. Employee support for the pension plan is
9.C
Packet Pg. 57
needed to re-establish fairness for taxpayers and consistency with benefit practices in
the public and private sectors.
5. Work with current compensation plans and bargaining agreements so that reforms do
not reduce employee paychecks. Employer “pick-ups” of employee contributions are a
legitimate form of compensation when negotiated in lieu of salary.
6. Give employees choices to tailor their retirement benefits to their career plans. Many
employees will be better served with 401(k)-style defined contribution plans. Others who
expect to spend their careers in public service may prefer a traditional pension plan.
7. Control the liabilities of the system going forward. If current and future employees are to
continue to have the option of a pension plan, employers should be expected to manage
their compensation systems so as not to boost future payouts and shift costs to future
generations of employees and taxpayers. Also, the system’s managers should be
required to establish feasible investment targets so as not to understate the true costs of
the promised pension benefits.
8. Commit that all cost savings stay in public budgets to expand and improve public
services and attract a new generation of public employees. The purpose of reform is not
to back money out of public budgets but to free up funds that would otherwise be
diverted to chasing the rising liabilities of the PERS pension plans. With or without new
revenues, these funds will be needed to add school days and reduce class sizes in our
schools and to maintain competitive salaries and benefits for a new generation of public
employees.
FINANCIAL ANALYSIS:
As has been the case in many pension plans in the public sector, and some in the private sector
as well, the costs of PERS benefits have been underestimated over the years while the
earnings expectations for the fund’s investments were often overstated. This has created the
under-funding that plagues the system today. However, the larger problem of under-funding for
PERS arose from pension plan’s add-on features, which generated benefit payouts far above
the 50%-of-salary target. Those add-on features have a long and complicated history, dating
back to the 1960s. In some respects, you can think of them as akin to software patches that
were intended to fix little things but ended up creating much larger problems elsewhere in the
system. The most significant of these add-on features are the guaranteed rate of return on
employee accounts and a Money Match option that provided a way to get a higher pension than
the basic years-of-service formula would provide.
The guaranteed rate of return, which is limited to Tier 1 employees, is pegged to the assumed
future earnings rate of the system’s investments. It has ranged from 7% to 8% a year over the
past 30 years. It is currently 7.2%. This rate is treated as a floor on the interest credited to
employee accounts. So when the fund’s investments underperform or even lose money,
employees still get their guaranteed return. Because of the Money Match program (see below),
these earnings generated larger benefits and additional costs for employers. The guaranteed
rate of return was cut off for employees hired after 1995. But it is still adding costs to the system
for Tier 1 employees who retire under the Money Match program. The Money Match option
allows employees who retire to take their account balances (with accumulated earnings), double
these balances with a match from their employers, compute an annuity based on that doubled-
up amount and opt for that annuity whenever it produces a higher amount than the basic
pension formula. This Money Match program was cancelled for employees hired after mid-2003.
It is still generating higher pensions for a third of new Tier 1/2 retirees .Other add-ons to the
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pension benefit formula that have increased the system’s payouts are the use of unused sick
leave and vacation to inflate the final salary figure on which benefits are calculated.
Money Match and the guaranteed rate of return made PERS a very expensive system.
Contributions to the system haven’t kept up with these costs. And the huge investment losses of
2008, combined with more modest earnings on investments since then, have ballooned the
unfunded obligations of the system – known as the UAL, or unfunded actuarial liability – to more
than $26 billion. This equates to $15,900 for every Oregon household.
LEGAL ANALYSIS:
Not Applicable.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The City Council has a long standing goal for the city to maintain financial stability. Long term,
legislative reform that mitigates the City’s future contributions towards PERS unfunded liability
helps ensure the goal of financial stability.
STAFF RECOMMENDATION:
Staff recommends council consider a resolution supporting Public Employee Retirement System
Reform based on the principles described in the associated staff report.
RECOMMENDED MOTION: I move to approve a resolution supporting PERS reform based on
the above-described principles.
ATTACHMENTS:
1. PERS Reform Information
2. PERS Reform Resolution
9.C
Packet Pg. 59
PEHS$olutions
for Public Seruices
wwwPERSSolutions.org
503.38ó.801óI ¡PrnssolutionsoR
E /PenssolutionsCoal ition
PROBLEM
PERS cost increases will claim an additional $10 billion from public service budgets over the
next eight years. Even with a $2 billion revenue package dedicated to education and state
services, 80 cents of every new dollar will go to PERS in that eight year period.
$2 g¡ll¡on Revenue vs PERS Costs through 2027 (millions of $)
$2 Billion Rev.
+STolyear
Cumulative PERS Cost
lncreases All Entities
Biennial Percentage
PERS/Revenue
Cumulative PERS Cost
lncreases State/Education
Biennial Percentage
PERS/Revenue
20!9-27 $1,500*$1,015 67.7%$684 45.6%
202l-23 5z,zos $2,546 !L5.5%$1,729 78.4%
2023-2s $2,431 $3,109 727.9%$2,163 89.O%
2025-27 $2,680 $3,496 730.4%$2,48 97.3%
Total2Ot9-27
*18 months
PROPOSAL
$8,81ó $to,tco
2079-27 2027-23
I Shareof newdollars goingto PERS
2019 LEGISLATION
&2020 tNtÏATrvEs
$7,O23
2023-25 2025-27
I Share of new dollars going to services
775.3%
2079-21SAVINGS
FORSERVICES
2021-23SAVTNGS
FOR SERVICES
79.7%
OFFSET OF PERS COST
|NCREASES 20t9-2027
89.O%97.3%
SOLUTIONS
Skininthegome:
Reinstate employee
cost sharingfor the
PERS pension plan
lP 22: Employees contribute ó%
lP 23: Employees (ex. P&F) contrÌbute ó%
lP 24: Employees contribute 2.8%to 6%
Governor: Employees
contribute 15%-3% > $2OK
SB 1049: Employees contribute
o.75%-2.5%,$30K
$148 million
$475 m¡llion
$45ó million
$2ó2 million
$104 million
$293 million
$o
$o
$o
$o
44%
38%
27%
70%
to%
Benefit corrections:
Modify ø<cessive benefits
goingforword
lP 22: $150 salary cap
SB 1049: $195 salary cap
& Money Match reform
$2 million $7 million
$93 million
<t%
3%
Establish4OT(k) style
DCplon
lP22/ lP 23:. DC plan @ ó%
Employer + 696 Employee
$o Sovingswill depend on omountof pension costshoring
Ref or m' Double Dippins:Governor & SB tO49-L:. Lift the hours
limit & require employer payments
to PERS for re-employed retirees
No sovíngs - accelerates buy down of UAL Will reduceUALby
>$5O0 million over I yeors
DebtDeferrol
Extended pay off of UAL
SB 1049 extends pay off
period for Tier 7/2UAL
$o $904 million 29%
9.C.a
Packet Pg. 60 Attachment: PERS Reform Information (1142 : Council Resolution Supporting PERS Reform)
PEHS$OlUtiOnS ror pubric $ervices
Biennium Employer PERS
Savings
BiennialCost
of One Teacher
t,Biennial Marginal
Cost of One
School Day
Savings
Equivalent to
#school Days I
20L9-21 $256,294,559 $797,736
Equivalent to
# Teachers
253
Savings
$51,ó1o,ooo 5.0
2021-23 $262,429,564 $2!O,472 7,247 $s3,703,000 4.9
2023-25 $27O,876,794 $zzo,L78 7-,23O $55,8s1,120 4.8
202s-27 $282,693,124 $230,442 7,227 $59,095,1ó5 4.9
K12: Staffrng and Services Recovered from Employee Pension Cost Sharing at 7/3 of Normal Cost
Eff.7/7/79; AssumesTier 7/2activeemployee population, now 44% of payroll, declinesby averogeof 6%/yeor
Biennium Employer PERS
Savings
BiennialCost
of One Teacher
Savings
Equivalent t
# Teachers
/Biennial Marginal
Cost of One
School Day
Savings
Equivalent to
#School Davs I
2019-21 $5o,o39,702 $797,736 253 $st,oto,ooo 1.0
2021-23 $729,737,3O4 $27O,472 614 $53,zo3,ooo 2.4
2023-25 $130,083,5ó5 $22O,L78 597 $ss,8s1,120 2.3
2025-27 $133,088,417 $23O,442 577 $s8,085,1ós 2.3
K12: Staffrng and Services Recovered from SB 7O49's Cost Sharing and Benefrt Corrections
Assumes Tier 7/2 octive employee population, now 44% of payroll, declines by overage of ó%/yeor
Biennium Employer PERS
Savings
BiennialCost
of One Teacher
Savings
Equivalent t
# Teachers
/Biennial Marginal
Cost of One
School Day
Savings
Equivalent to
#School Davs I
2079-27 $o $Le7,736 0 $51,ó10,000 0.0
2021-23 $29ó,095,803 $2!O,472 7,407 $53,703,000 5.5
2023-25 $3t7,18s,226 $22O,178 1,441 $ss,8s1,120 5.7
2025-27 $339,776,744 $23O,442 1,474 $58,085,1ó5 5.9
K12: Stafñng and Services Recovered from SB 7O49's Extended UAL Amortization
9.C.a
Packet Pg. 61 Attachment: PERS Reform Information (1142 : Council Resolution Supporting PERS Reform)
Summary of PERS Employer Contribution Rates
Rates shown reflect the effect of side account rate offsets and retiree healthcare conFibutions,
and exclude contributions to the IAP and debt service for pension obligation bonds.
Net Employer Contribution Rate
7/1117 - 6/30/19
Net Employer Contribution Rate
711119 - 6130121
Employer
Number Employer Name
OPSRP
Tier 1/ Tier 2 General ServicePayroll Payroll
OPSRP OPSRP
Tiør llfier 2 General Service Police andPayroll Payroll Fire Payroll
OPSRP
Police and
Fire Payroll
. _qlq|| (Default rier 1{r'.ef ? ¡.a!qs)
cc
2901
2999
291 9
2908
2900
2996
2906
2904
291 0
2905
2995
291 I
2922
2998
2997
2go2
2903
Blue Mountain Community College
Central Oregon Community College
Chemeketa Community College
Clackamas Community College
Clatsop Community College
Columbia Gorge Community College
Klamath Commun¡ty College
Lane Community College
Linn-Benton Community College
Mt Hood Community College
Oregon Coast Community College
Pordand Community College
Rogue Community College
Southwestern Commun¡ty College
Tillamook Bay Community College
ïreasure Valley Community College
Umpqua Community College
Citv
14 750/0
19.09%
12.89V"
14.49V"
12.40V.
16.72%
23.40%
11.790/o
13.81%
8.1 5%
13.25%
14.99%
15.24y"
12.780/o
15.77V"
12.00%
1 5.55%
8.'17y"
12.510/"
6.30%
7.911"
5.82i0
10.141"
'16.82V"
5.z'ly"
7.23Vo
1.57r"
6.67%
8.41%
8.66%
6.20%
9.19%
5.42t"
8.97%
12.94V.
17.28Vo
11.071"
12.68%
10.59%
14.91%
21.59%
9.98%
12.OOo/"
6.34%
11.44%
13.18%
'13.43%
10.97y"
13.96%
10.19%
13.74V"
18.16%
22.54o/o
15.75%
18.15%
15.17"/o
19.4æh
27.46V.
12.7?/.
17.23Vo
11.81"/"
18.M%
17.78V"
17.971o
15.73%
20.737"
11.87%
17.15/"
12.07"h
16.45%
9.66%
12.06V"
9.08%
13.33%
21.37y"
6.63%
11.'l4o/o
5.7?h
12.35%
11.69%
11.88%
9.64%
14.641"
5.78%
11.06%
16.70V"
21.08V"
14.29yo
16.69%
13.71V"
17.96o/o
26.æ%
11.26V"
15.77V"
10.35%
16.98%
16.32o/o
16.51%
14.27V"
't9.27V"
10.410/"
15.69%
2258
2103
2235
2104
2105
2234
2272
21 59
2150
2231
2241
2178
2216
2204
21 09
2223
21 98
2182
2194
2181
City of Adair Village
City of Albany
City of Am¡ty
City of Ashland
City of Astoria
City of Aumsville
City of Aurora
City of Baker City
City of Bandon
City of Banks
City of Bay C¡ty
City of Boardman
City of Brookings
City of Burns
City of Canby
C¡ty of Cannon Beach
City of Cadton
City of Cascade Locks
City of Cave Junction
City of Central Point
22.52%
21.87V"
8.33%
23.08%
24.66%
17.02%
8.140/"
22.77%
20.65%
9.57%
14.52%
20.43%
21.78%
17.1gyo
18.89%
19.26%
10.34/"
31.17%
20.531"
20.60i"
14.69%
12.79yø
402%
14.45%
15.79%
8.95%
o 43y"
'13.63%
13 740/"
5.26%
10.21%
13.54%
13.21V"
8 80%
977%
11.73%
4.26%
2'l 570/0
12 850/"
13 01%
19.46%
17.560/"
8.79/"
19.26%
20.56%
13.72%
3.31%
18.40%
18.51%
't0.03%
14.98%
18.31%
17.98%
13.57y"
14.54%
16.50%
9.03%
26.34y"
17.62i"
17.781"
26.57"h
26.51ï"
14.97V"
27.510h
28.91"/"
21.77%
'10.350/o
27.21V"
24.76o/0
14.08%
19.330/.
26.05V"
26.'tS%
22.OOYo
22.37V"
23.15V"
15.240/"
35.28%
23.590/"
24.86%
19.08%
17.27Vo
7.48yo
19.0?/"
20.55r"
14.38%
2.86%
18.111"
18.23%
9.78%
15.03%
17.94V"
17.57V"
14.27y"
13.60%
16.38%
10-940/"
26.44%
17.25%
17.54V"
23.71V"
21.90%
12.110h
29.65Vo
25.18V"
19.01%
7.49%
22.740/"
22.86%
14.411"
19.66%
22.57Vo
22.20ï"
18.90%
18.23/"
21.O1Yo
15.5710
31.07%
21.88%
22.'t7%
lssued October 2018 Page 9 of 18
9.C.a
Packet Pg. 62 Attachment: PERS Reform Information (1142 : Council Resolution Supporting PERS Reform)
RESOLUTION NO. _________
A RESOLUTION TO SUPPORT OREGON PUBLIC EMPLOYEE RETIRMENT
SYSTEM (PERS) REFORM
RECITALS:
A. The City of Central Point supports prudent Oregon public employee
retirement system (PERS) reform.
B. The Oregon Legislature is currently considering a number of proposals to
reform the PERS as a means to reduce future unfunded liability.
C. Reducing future PERS unfunded liability will mitigate future City of Central
Point PERS employer rate contributions.
D. Reducing future City of Central Point PERS employer rate contributions
will increase financial stability for the community and tax payers.
THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS:
Section 1. Authorizing the City Manager to distribute the resolution of support
for PERS reform to elected officials currently serving in the Oregon Legislature.
Passed by the Council and signed by me in authentication of its passage
this _____ day of May, 2019.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.C.b
Packet Pg. 63 Attachment: PERS Reform Resolution (1142 : Council Resolution Supporting PERS Reform)
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: May 23, 2019
SUBJECT: Resolution No. _________, A Resolution Adopting the 2019 Public Works
Standards and Specifications
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: The City uses its Public Works Standards and Specifications
document as the main guidebook for all construction standards within the City. The standards
and specifications are primarily engineering standards used for construction of public
infrastructure. These standards generally govern construction of streets, waterlines and
sidewalks. Every few years the City updates the standards based upon changing needs or new
technology. The last update was in 2014.
Over the past 2 years the Public Works Division has been working on updating the Public Works
Standards and Specifications in collaboration with the City Engineer and private construction
industry. The primary changes to the standards are as follows:
Requirement added for cluster mailboxes to be constructed to meet new ADA
requirements.
Provisions added to construction requirements to ensure public traffic access, and
cleanliness of the work site, throughout construction.
Low impact facilities (LID) added.
Base rock and trench backfill compaction requirements changed to ASHTO T-99.
Concrete minimum strength changed from 3300psi to 3000psi.
Sidewalk maximum cross slope changed to less than 2 percent.
T-cut requirements added to trench cut drawings and specifications.
Rogue Valley Stormwater Quality Design Manual referenced, for low impact
9.D
Packet Pg. 64
development (LID) facilities.
Tracer wire requirements added for water services, and where C900 PVC water main is
used.
Testing requirement (Traceability) added for tracer wire.
Valve box type changed, and PVC replaces well casing.
Clarified that existing water lines can only be wet tapped.
City of Central Point Water Division will supply all parts for water services up to and
including 2-inch.
Sand in trenches will be required to be compacted.
City of Central Point will supply test gauges for waterline pressure tests.
Fusing requirements added for street lighting.
Drawings added for TOD sidewalk with tree wells and streetlights.
Drawings added for decorative TOD streetlights.
A copy of these updated Standards and Specifications will be available at City Hall in Public
Works Administration offices. A digital copy will also be available on the City website after it is
adopted.
FINANCIAL ANALYSIS: N/A
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Central Point Strategic Plan Goal 2- Build City pride and positive image.
Strategies:
a) Create a brand and launch awareness campaign, articulate vision and mission, define
values;
b) Recognize the successes of Businesses, Citizens, and Government publicly;
c) Communicate and celebrate events, honor our past and take pride in the future;
d) Promote “healthy neighborhoods” by encouraging socioeconomic diversity. Design with
health and safety in mind (i.e. Crime Prevention through Environmental Design) when
making infrastructure improvements (including parks and schools);
e) Review current codes in use for development and improvement. Revise as necessary to
create “healthy neighborhoods”. Enforce codes in older established neighborhoods
STAFF RECOMMENDATION: Recommend approving the 2019 Public Works Standard and
Specifications.
9.D
Packet Pg. 65
RECOMMENDED MOTION: Approve Resolution ___Approving the 2019 Public Works
Standards and Specifications.
ATTACHMENTS:
1. RESO Adopting 2019 Construction Standards
2. PW Standards cover
3. COMPLETE SPECIFICATIONS
4. COMPLETE DETAILS
9.D
Packet Pg. 66
RESOLUTION NO. ________
A RESOLUTION ADOPTING THE 2019 PUBLIC WORKS STANDARDS AND SPECIFICATIONS
RECITALS:
1. The Public Works Standards and Specifications is a document used for all construction
activities within the City limits. The document reflects current construction practices
and contains specifications of construction materials and types that are unique to the
City of Central Point.
2. The last time the Standards were updated was 2014.
3. The revised standards update sections that were out of compliance with the City
zoning code, the transportation planning rule, DEQ and FEMA regulations and
updated construction practices.
The City of Central Point resolves as follows:
Section 1. The City hereby adopts the 2019 Public Works Standards and Specifications in the
form attached hereto as Exhibit “A”.
Passed by the Council and signed by me in authentication of its passage this day
of May, 2019.
_____________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
Res. No. _; May 23, 2019 Page 1
9.D.a
Packet Pg. 67 Attachment: RESO Adopting 2019 Construction Standards (1138 : PW Standards Update 2019)
CITY OF CENTRAL POINT
PUBLIC WORKS DEPARTMENT
Standard Specifications
And
Uniform Standard Details
For
Gonstruction
2019
Please contact Matt Samitore or
Greg Graves if you would like
to view a copy of the Standards this is a
300+ page document. It can be sent to you
electronically as a separate document.
9.D.b
Packet Pg. 68 Attachment: PW Standards cover (1138 : PW Standards Update 2019)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: May 23, 2019
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Other
RECOMMENDATION:
Approval
The following items were presented by staff and discussed by the Planning Commission at its
regular meeting on May 7, 2019.
A. Discuss the 2019 Residential UGB Amendment preliminary mapping changes based on
previous input from the Planning Commission and comments received from the Citizen’s
Advisory Committee (CAC) and the City Council. A revised draft of the RUGB Amendment was
distributed which reflected revisions to the map referred to as Staff Alternative 1A. The revisions
reflected changes recommended at various meetings and supported by the City Council. A
progress chart was also distributed and discussed. Staff explained that they will be meeting with
a traffic engineer and a DLCD representative in the coming weeks to refine the City’s UGB
application.
B. Introduce and discuss the 2019 Employment Buildable Lands Inventory (BLI). In
accordance with OAR 660-024-0050(1), the City maintains and Employment BLI to track the
availability of buildable employment land in the UGB for a 20-year period. Planning staff
explained that an update occurred in 2013 but that land use activity and new population
forecasts have demanded further revisions. The BLI is not a policy document but merely an
inventory that is necessary to update the Economic Element of the Comp Plan in order to add
more employment land to the UGB. The Planning Commission agreed with conclusions
presented by staff and directed them to schedule the BLI for a public hearing.
C. Introduce and discuss the 2019 Economic Element Update. There is an interest in
expanding the UGB to include land in the CP-3 Urban Reserve Area (URA) to accommodate
business growth and job creation. The City Council has supported a request to expand the UGB
with a Resolution of Intent. A staff member from the City Attorney’s office has revised and
updated the Economic Element to coincide with new BLI information and the document was
presented to the Commission. The Commission directed staff to schedule the Economic
Element for a public hearing.
10.A
Packet Pg. 69
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: May 23, 2019
SUBJECT: Parks and Recreation Commission Appointment
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
The Central Point Parks and Recreation Commission meets on a quarterly basis in order to act
as an advisor to the Council on matters pertaining to the acquisition and development of public
parks, greenways, open spaces, and recreational and cultural facilities and programs.
The Parks and Recreation Commission is tasked with advising the Council on planning and
policy matters pertaining to:
1. The goals and services provided by the parks and recreation department
2. The city parks master plan and the future delivery of services by the parks and
recreation department.
3. The construction and renovation of capital facilities of the parks and recreation
department.
4. Joint action projects with other public or private parks and recreation entities.
The Parks and Recreation Commission is composed of seven members who serve three-year
terms. There is one vacancy on the commission, and the city has advertised for volunteers on
Social Media, the City Newsletter, and the local paper. We have received two applications which
are attached.
Sharon Rogers, Boulder Ridge Street,
Jayme Palodichuk, Rose Valley Drive
The current members of the Parks and Recreation Commission are:
Dennis Browning Fran Settell Patricia Alvarez
Mark Ludwiczak Jennifer Horton Lee Orr
Recommended motion:
I move to appoint ______________________ to the Parks and Recreation Commission with a
term expiring December 31, 2022.
10.B
Packet Pg. 70
ATTACHMENTS:
1. Parks Committee - Rogers Application 03_2019
2. Parks Application Palodichuk 2
10.B
Packet Pg. 71
10.B.a
Packet Pg. 72 Attachment: Parks Committee - Rogers Application 03_2019 (1137 : Park Committee Appointments)
10.B.a
Packet Pg. 73 Attachment: Parks Committee - Rogers Application 03_2019 (1137 : Park Committee Appointments)
City of Central Point, Oregon
140 S 3rd Streeg Central Point, OR 97502
541.664.3321 Fax 541 .664.6384
www.central pointoregon.Sov
POINTOregon
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Date: Mav 2,2019
Administrat¡on nt
Chris Clayton, City Manager
Deanna Casey, City Recorder
Name: JaVme Palodichuk
Address: 1120 Rose Valley Drive, Central Point, OR 97502
Home Phone: 541-261-0168 Business Phone: Same Cell Phone: Same
Fax: N/A E-mail: jayme@cpmrealestateservices.com
Are you a registered voter with the State of Oregon? Yes X No
Are you a city resident? Yes X No
V/hich committee(s) would you like to be appointed to: Parks and Recreation Committee/Foundation
(Please make sure the dates below workwith your schedule beþre applying. Council and Planning
Commission members are required to Jìle an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each
committee):
Budget Committee: Meetings vary in April Annually
Citizens Advisory Committee: 2nd Tuesday of every quarter
E Council Study Sessions: 3'd Monday of each month
Multicultural Committee:2nd Monday of every quarter
tl Planning Commission: l't Tuesday of each month
E Parks and Recreation Committee/Foundation: Meeting dates vary
Employment, professional, and volunteer background: I have a Bachelor's in Journalism/Public Relations from the U of C
rnd I am a licensed Real Estate Broker. I have worked in realestate forthe last 15 years, specializing ìn the management and leasing
¡f commercialproperties. I have been with CPM Real Estate Services, lnc. since 2006, where lhave been the head of the commerciaf
livision since 2007. I have my Oregon lnsurance license, been certified in self-storage management, and I'm currently working toward
rccoming a Certified PropeÉy Manager. I have been a volunteer with the local soccer club since 2013 and currently serve as the Vice
)resident and Registrar. I have also served on committees for Habitat for Humanity and the JC Chamber Leadership program.
Commu-nity affrliations and activities :
)uring my time in the Chamber Leadership Program we focused on youth and the outdoors. We raised over $100k in donations and
n-kind contributions and created the natural playground at Hawthorne Park in Medford. As part of the City's $2 million renovation that
ncluded a futsal court, skate park, and a seasonal splash-pad, we built the innovative play area that features canoes floating on rock-
;trewn streams and balancinq beams made of loos. (see below)
Previous City appıintments, offices,"or aòtivities: As a mother of two very active boys who are involved in many clubs,
ichool activities, and athletics, as a family we regularly participate in city events and activities. From the Fourth of July Festival to the
)ountry Crossing Music Festival and the Community Christmas Celebration.
cont'd) I have volunteered for Table Rock SC since 2013. During this time my focus has been on player development, as opposed
o many club models that focus on registration numbers. We want players to learn the fundamentals of the game, so they stay
rngaged, and play long-term, fostering not only a love of the game, but the outdoors and volunteerism. ln our model, the older
rlayers give back to the club through coaching and mentoring the younger players. We run a number of free camps and training
recqinnc anr{ ¡ruarr{ c¡hnlarchinc anr{ onrinrncnf fn fhnco r¡rhn ncad fham
10.B.b
Packet Pg. 74 Attachment: Parks Application Palodichuk 2 (1137 : Park Committee Appointments)
Central Point Committee Application
Page2
As additional background for the Mayor and City Council, please answer the following questions.
1. Please explain why you are interested in the appointment and what you would offer to the
community. As a long-time resident of Central Point, I enjoy and appreciate the local leadership - from the Central Point
)olice Depaftment, to the City's Parks and Rec department. The schools are excellent and have provided our children with a strong
¡undation that fuels their confidence and has prepared them for both life's challenges, and successes.
love this community and I have a passion for the outdoors. lt's important to me to encourage our youth to spend time outside and to
ake pride in our community. This opportunity presents me with the ability to actively'practice what I preach'. My experience in real
rstate, public relations, volunteerism, and parenthood has equipped me with a well-rounded perspective, and I understand the
nportance of big-picture thinking, prioritizing, and planning ahead. I am a master multi-tasker and I am committed to excellence in all
hat I do' 2. Please describe what you believe are the major concerns of the City residents and businesses
that this committee should be concerned about.The city's residents and business owners want to keep Central Point
he small, community-minded city that supports local success and growth as it always has. lt's vital that Gentral Point maintains it's
rutonomy from the surrounding towns and cities, and continues providing opportunity to those who live and invest here. The current
ranchise stores and corporations provide convenience, but it's the local businesses that contribute to the core of Central Point - it's
;harm. With the recent downtown renovations and the many parks throughout our little city - Central Point is perfect for not only
rntertaining the locals, but attracting tourists. Our local economy is key and must remain strong to keep value in our homes, dollars in
¡ur businesses, and to maintain a healthy, positive environment for our children grow up in. And with this ìn mind, I want to be a part
rf the driving force that has worked so hard to make Central Point what it is today.
3. Please provide any additional information or comments which you believe will assist the City
Council in considering your application.
am a mom and professional who does her best to balance both, so that I can also volunteer. I started volunteering at the local anima
;helter when I was in high school and have continued on this path my entire life. Service work is part of who I am and I am eager to
;hare my previous experiences and expand upon them. I appreciate a challenge, as my husband of 21 years knows all too well, as we
¡ractice real estate together. We also enjoy watching our sons play sports, mentor others, and grow into the amazing young men the¡
vere meant to be. We enjoy riding quads as a family and visit the coast as often as our hectic schedule permits. And in all of our
spare' time, the four of us coach, mentor and serve as leaders through work, school organizations, and sporls activities. This would
)e a new endeavor for me, which I look fon¡vard to! I can offer a fresh outlook on old items, and a new and different perspective on
rew orders of business.
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how
would you handle them?
/Vithout knowing what the City's current focus and objectives are, I can't really say if there would be any conflicts of interest.
However, I don't own a local business, I'm not affiliated with a local church, and I'm pretty open-minded. As an established, well-
'ounded professional, I am confident in my ability to remain objective, see the big picture, and make decisions based on facts and
ruhat's best for the city and community as a whole.
My signature affirms that the information in this application is true to the best of my knowledge. I
understand that misrepresentation andlor omission of facts are cause for removal from any council,
advisory committee, board or commission I may be appointed to. All informatiorVdocumentation
related to service for this position is subject to public record disclosure.
Signature Date: May 2,2019
10.B.b
Packet Pg. 75 Attachment: Parks Application Palodichuk 2 (1137 : Park Committee Appointments)