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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, October 24, 2019
Mayor
Hank Williams
Ward I
Neil Olsen
Ward II
Kelley Johnson
Ward IV
Taneea Browning
At Large
Rob Hernandez
At Large
Michael Parsons
Next Res(1600) Ord (2061)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Safety Award Presentation
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 October 10, 2019 City Council Minutes
B. Council Meeting Cancellation
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. First Reading - Ordinance Amending 12.36 in part regarding Trees (Dreyer)
B. Second Reading - Ordinance No. _________, Amending CPMC 8.38.010
regarding Garbage Removal (Dreyer)
C. Assignment of Hunter Communications Franchise Agreement (Dreyer)
X. BUSINESS
A. Council President Appointment
B. September 30, 2019 Financial Statements (Weber)
C. Planning Commission Report (Humphrey)
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Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.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, October 10, 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 Present
Kelley Johnson Ward II Present
Brandon Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Dan O'Connor;
Police Chief Kris Allison; Police Captain Dave Croft; Parks and Public Works Director
Matt Samitore; Community Development Director Tom Humphrey; Principal Planner
Stephanie Holtey; Community Planner I Eileen Mitchell; and City Recorder Deanna
Casey.
IV. SPECIAL PRESENTATIONS
1. Council Member Recognition
City Manager Chris Clayton introduced Megan Davis-Lightman our Strategic Plan
facilitator. She will be working with the Council on the Central Point 2040 Strategic
Plan.
Mr. Clayton and Mayor Williams recognized Council Member Brandon Thueson
and presented him with a plaque thanking him for all the work he has done as a
City Council Member since elected in 2015. They congratulated him on his new
appointment as Josephine County Judge and expressed our best wishes for him
and his family in the future.
2. Victim's Advocacy Presentation
Police Chief Kris Allison introduced Ashley Bowden the City of Central Point
Domestic Violence Advocate. The City was one of 9 cities nation wide to be
awarded a grant to have an advocate like this. Ms. Bowden presented statistics
for the 2013-2015 year span of domestic violence in our area. She explained the
support she is able to provide Central Point victims. Chief Allison presented
success stories that she has seen over her career.
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City of Central Point
City Council Minutes
October 10, 2019
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V. PUBLIC COMMENTS - None
VI. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of September 12, 2019 City Council Minutes
Mike Parsons moved to approve the consent agenda as presented.
VII. ITEMS REMOVED FROM CONSENT AGENDA - None
VIII. ORDINANCES, AND RESOLUTIONS
A. First Reading of Ordinance Amending CPMC 8.38.010 regarding Garbage
Removal
City Manager Chris Clayton explained that the current municipal code regarding
garbage removal is not clear who is actually responsible for refuse removal.
Language is being suggested that in the event of a dispute, the owner is
ultimately responsible to comply with the Central Point Municipal Code 8.38.010
Garbage Removal. It is up to the property owner to decide how the monthly bill
will be paid and to ensure that garbage removal is done.
Brandon Thueson moved to second reading An Ordinance Amending the
Central Point Municipal Code Section 8.38.010 in Part regarding Garbage
Removal Service.
RESULT: 1ST READING [UNANIMOUS]
Next: 10/24/2019 7:00 PM
MOVER: Brandon Thueson, Ward III
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution of Intent Authorizing Formal UGB Amendment Application
Finalization and Submittal
Principal Planner Stephanie Holtey stated that over the last year the city has
updated several elements of its Comprehensive Plan to evaluate land needs
relative to the available buildable land supply in the current Urban Growth
Boundary (UGB).
To summit a complete application to Jackson County, the city is required to pay
the planning fees. These fees have been approved in the 2019-2021 Budget.
Staff is requesting authorization from the City Council to finalize and submit the
formal application based on the land needs and proposed acreage. We estimate
completion in the Spring of 2020.
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Taneea Browning moved to approve Resolution No. 1599, A Resolution
Declaring the City Council’s Intent to Initiate an Amendment to the Central
Point Urban Growth Boundary (UGB) and the Comprehensive Plan to Add
Land from the City’s Urban Reserve Areas (URAs) CP-2B, CP-3, CP-4D, and
CP-6A for the City’s 20 year (2019-2039) Housing, Employment, Parks and
Public Facility needs.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
IX. BUSINESS
A. Transportation Update (Quilty)
Transportation Representative Mike Quilty presented a letter from Governor Brown
urging the Transportation Commission and agencies to combat the impacts of
climate change by implementing the statewide transportation strategy (STS). She is
requesting reduction of GHG Emissions and implementing a planning rule for
jurisdictions to meet those reduction targets. She has indicated that she will use
executive privilege to force the cap and trade items to help reduce greenhouse
gases. He also updated on CMAQ funds being spent in Eugene, Salem and now the
Portland areas reducing the amount of funds available for the rest of the state.
B. 5G Technology Update (Clayton)
City Manager Chris Clayton explained that the city has received several emails and
letters from citizens against 5G Technology. He played a short video that briefly
explained what 5G is and that we probably will not see it in the Rogue Valley for
several years. The City Attorney has provided a legal opinion regarding franchises
and approval for 5G deployment in Central Point when it is available.
Community Development Director Tom Humphrey stated that we have seen an
increase in small cell towers requested over the last year. Some companies are
upgrading existing fixtures and others are being requested. As far as he knows
they are not 5G capable.
C. Rogue Disposal & Recycling, Inc. 2020 CPI Rate Increase
Mr. Clayton explained that Rogue Disposal and Recycling approached the city with a
rate adjustment a few months ago which the City approved. However, Jackson
County asked to delay the new methodology until they could work with the other
disposal companies in the County. Rogue Disposal is now asking to use the 2020
CPI Rate increase methodology instead of the previously asked for methodology. As
per the Franchise Agreement the city is asked to accept the methodology that is
presented at 1.7% adjustment. There will be a slight increase in curb pick up rates.
Mike Parsons moved to approve the Rogue Disposal and Recycling 2020
proposed rate adjustment of 1.7%.
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City Council Minutes
October 10, 2019
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RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
D. Potential Revisions to Street Tree Ordinance 12.36
Parks and Public Works Director Matt Samitore explained that at the September
Study Session the Council was briefed on some issues regarding fruiting trees an
some of the problems they are causing within the Twin Creeks Subdivision. Some
varieties of trees that were planted several years ago have matured and are now
producing fruit and acorns which can cause a safety issue for people on sidewalks.
The Homeowners Associations for Griffin and Jackson Oaks have approached the
city about some flexibility to remove these troublesome trees.
The City Attorney is coordinating with staff to revise the current ordinance with
language that would allow removal upon request by either the property owner or the
city. There are several sections in the code that are being reviewed and will be
recommended for amendments. Tonight staff is looking for a motion directing staff to
continue with the revisions of the Street Tree Ordinance and eventually the Street
Tree list.
There was discussion from residents from Griffin and Jackson Oaks regarding the
requirement of root barriers and roots causing issues with sidewalks and creating
tripping hazards. Mr. Samitore explained that the City has a grant program that is
available for side walk issues.
The code amendments will not allow all the street trees to be removed, they will have
to be replaced, the city would be allowed to make that judgement call depending on
the surrounding area. The code has been amended from time to time as the city
learns new and better ways to do things.
Taneea Browning moved to have staff proceed forward with changes to the
Central Point Municipal Code section 13.36 to allow more flexibility to remove
fruit and nut trees.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
X. MAYOR'S REPORT
Mayor Williams reported that he attended:
The Medford Water Commission meeting
A Cub Scout Pack 40 meeting. They are interested in the community center
planning.
The Chamber Mixer and Greeters.
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October 10, 2019
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The LOC Conference in Bend and the Oregon Mayors Association Board meeting.
The TRADCO meeting where the discussion was regarding the Foothills Road
improvements for the City of Medford which they are calling the Mega Corridor
Project. This project would connect White City to Phoenix.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
SOREDI will be attending the November 14th meeting to provide an update on their
Strategic Plan Process.
We received a letter asking the City to assign Hunter Communications Franchise to
Grain Communications. This item is being reviewed by the City Attorney.
He has received a letter from St. Vincent DePaul regarding the funds that the city
has provided them to help with homeless.
Staff has been working on Strategic Plan process. The Council will begin their work
on Monday night at the Study Session.
With Mr. Thueson leaving the Council there will be a few committee meetings that
need to be represented. Mike Parsons has volunteered to attend the Jail Committee,
and CAC meetings. Neil Olsen will be attending the Bear Creek Greenway and
Community Center meetings.
He attended the TRADCO meeting with the Mayor. The Mega Corridor would include
a bridge over I-5 and Bear Creek between S. Medford and Phoenix.
Council will need to elect a new Council President at the next Council meeting.
The Council Chambers renovation is coming along, we are hoping to be back in
there before the October 24th Council meeting.
Mike Quilty stated that the Mega Corridor is important to the entire valley. We need
to have alternative route in case something happens to take down the viaduct. This
is a very big project and is vital for the Rogue Valley, not just Medford.
Bill Walton asked the Council to reconsider the gas tax. If the Council had passed
the gas tax years ago we would have enough funds to help improve the I-5 exit in
Central Point.
XII. COUNCIL REPORTS
Council Member Rob Hernandez reported that he attended the Study Session; SOREDI
Board meeting and the Community Center Adhoc Committee meeting today.
Council Member Michael Parsons reported that he attended:
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City of Central Point
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and judged the Battle of the Bones.
the Study Session.
Greeters.
an RVSS Lunch and meeting.
the LOC Conference.
the Battle of the Food Trucks.
Council Member Taneea Browning reported that she:
attended the small cities meeting in Rogue River.
attended the Chamber Mixer and Greeters.
attended the LOC Board Meeting and Conference. Her favorite part of conference is
networking with council members from all over the state.
attended the Raining Cats and Dogs fundraiser.
Council Member Brandon Thueson reported that:
He attended the Battle of the Bones as a judge.
He attended the Study Session.
He attended the Jackson County Jail Committee meeting.
He has enjoyed his time on the Council over the last 5 years. Very proud to be a part
of this council and the good work that we have done.
Council Member Kelley Johnson reported that:
She attended the Study Session.
She was a judge at Battle of the Bones.
She attended the LOC Conference in Bend and that Councilmember Browning has
been elected as Treasurer of the League of Oregon Cities.
The Battle of the Food Trucks a great event, it was well attended.
Council Member Neil Olsen stated that he attended the Battle of the Food Trucks but
there were so many people he didn’t stay.
XIII. DEPARTMENT REPORTS
Community Development Director Tom Humphrey reported that:
He attended the Destination Business Boot Camp with local business owners.
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The Planning Commission meeting will be October 15th this month.
Community Planner Eileen Mitchell is in the audience tonight. She started working
for Central Point in July.
Police Chief Kris Allison reported that:
a 12 month investigation concluded with an arrest for drugs, guns and cash.
Last week one of the airport caesuras stopped drugs from coming into our city.
They have been working on a nuisance property on Greenpark Drive.
Parks and Public Works Director Matt Samitore reported that:
The Battle of the Bones went really well. They will have a financial report prepared
for the Council.
The Battle of the Food Trucks was well attended, they estimate approximately 5000
people attended. Over half of the vendors ran out of food by 1:00 p.m.
They had a Community Center meeting today. He is excited about how things are
moving along.
He had several productive meetings with School District No. 6. They are working
with them on a streetscape project along Highway 99 and the Rockway Extension.
They have asked the city with help on the bus traffic flow at Scenic.
XIV. EXECUTIVE SESSION - None
XV. ADJOURNMENT
Brandon Thueson moved to adjourn, Taneea Browning seconded and the
meeting was adjourned at 8:32 p.m.
The foregoing minutes of the October 10, 2019, Council meeting were approved by the City
Council at its meeting of _________________, 2019.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: October 24, 2019
SUBJECT: Council Meeting Cancellation
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
The second meeting in November falls on Thanksgiving which is November 28th this year. Staff
recommends cancellation of this meeting. City Hall will be closed November 28th and 29th for the
holiday. The second meeting in December falls on December 26th the day after Christmas.
Cancelling these two meetings will give Council and Staff the opportunity to enjoy the holidays
and travel if they choose without worrying about having a quorum present for these meetings.
NEW MEETING SCHEDULE:
November:
11th Veterans Day - City Hall closed
14th Council meeting 7:00 p.m.
18th Study Session and Town Hall meeting 6:00 p.m.
28th and 29th City Hall closed for Thanksgiving
December:
12th Council Meeting 7:00 p.m.
16th Study Session 6:00 p.m.
24th and 25th City Hall closed for Christmas
January:
1st City Hall closed for New Year’s Day
9th City Council meeting 7:00 p.m.
23rd City Council meeting 7:00 p.m.
(Study Session to be determined)
RECOMMENDED MOTION:
Approve Consent Agenda as presented.
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: October 24, 2019
SUBJECT: First Reading - Ordinance Amending 12.36 in part regarding Trees
ACTION REQUIRED:
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Staff was approached by several homeowners’ associations requesting additional flexibility to
allow removal of street trees and frontage trees which drop fruit or nuts in public right-of-way.
Specifically, the Twin Creeks development has reported ongoing problems with trees such as
flowering plums, flowering cherries, which drop a significant amount of fruit causing staining and
undue burdens of maintenance to remove such fruits, and silver oaks which drop large acorns
causing tripping hazards in the public right-of-way.
Staff had presented this item to Council at a study session in September, with a follow-up
discussion and request for direction at the Council’s October 3 meeting. Based on those
meetings, staff has worked with the city attorney to revise Chapter 12.36 as follows: 1) better
define nuisance trees to include those trees that drop acorns or fruits in the right-of-way causing
tripping hazards or undue maintenance burdens; 2) providing private property owners a right to
request a permit to remove such nuisance trees; and 3) better clarification of the city’s right, but
not requirement, to require removal of nuisance and hazardous trees.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS: None
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Consider the proposed ordinance and 1) forward the ordinance to a second reading; or 2) make
revisions and forward the ordinance to a second reading.
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RECOMMENDED MOTION:
I move to forward the ordinance amending Chapter 12.36 in part to a second reading.
ATTACHMENTS:
1. ORD Amending Ch 12.36 re Trees (v2)
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_____________________________________________________________________________________
1 | Ordinance No. _____; October 24, 2019
ORDINANCE NO. _____
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 12.36 IN
PART REGARDING TREES
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 12.36 Trees is advisable to expand
the definition of nuisance trees, allow homeowners to apply for removal and
replacement of a nuisance tree and/or allow the City to require a homeowner
to remove a tree the City deems to be a nuisance.
C. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.36 is amended in part as set forth below and incorporated herein
by reference.
Chapter 12.36
TREES
Sections:
12.36.010 Purpose.
12.36.020 Applicability.
12.36.030 Definitions.
12.36.040 Tree removal/replacement.
12.36.045 City’s power is permissive.
12.36.050 Review criteria.
12.36.060 Permit exemptions.
12.36.070 Tree topping.
12.36.080 Protection of trees.
12.36.090 Street and frontage tree planting--When required.
9.A.a
Packet Pg. 13 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
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2 | Ordinance No. _____; October 24, 2019
12.36.100 Street tree standards.
12.36.110 Street tree plans.
12.36.120 Street tree planting.
12.36.130 Street tree maintenance.
12.36.010 Purpose.
The purpose of this chapter is to establish and maintain the maximum amount of tree cover on public and
private lands in the city; provide tree-lined streets throughout the city; select, situate and maintain trees
appropriately to minimize hazard, nuisance, damage, and maintenance cost; to enhance the appearance
of the city; to promote a diverse, healthy, and sustainable community forest; and to educate the public
regarding community forest issues. (Ord. 1821 §1(part), 2001).
12.36.020 Applicability.
The provisions of this chapter shall apply to:
A. Individual significant or historic trees as defined in this chapter;
B. All trees planted in or upon any public area or right-of-way;
C. All trees and shrubs planted in or upon any private property which directly affect public infrastructure
including but not limited to sewers, water mains, sidewalks, streets, public property, or clear vision
distances at street intersections, including but not limited to frontage trees and private trees which
are deemed hazardous trees or shrubs or nuisance trees as defined in this Chapter;
D. All trees on developable land and subject to or undergoing development review such as site plan
review, tentative subdivision review, or partition review. (Ord. 1821 §1(part), 2001).
12.36.030 Definitions.
“Approved tree list” means those trees identified in city of Central Point publication, City of Central Point
Recommended Street Tree Guide which will be approved and amended by city council resolution.
“Critical root zone” is generally a circular region measured outward from a tree trunk representing the
essential area of roots that must be maintained or protected for the tree’s survival. Critical root zone is
one foot of radial distance for every inch of tree diameter measured at four and one-half feet above
ground level, with a minimum of eight feet. For significant trees, the formula changes to one and one-half
9.A.a
Packet Pg. 14 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
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3 | Ordinance No. _____; October 24, 2019
feet for every inch of tree diameter at four and one-half feet above ground level, with a minimum of twelve
feet.
“Crown” means the leaves and branches of a tree or shrub; the upper portion of the tree from the lowest
branches on the trunk to the top. May also be referred to as “canopy.”
“Diameter-at-breast-height (DBH)” is tree trunk diameter measured in inches at a height of four and one-
half feet above the ground. If a tree splits into multiple trunks below four and one-half feet, the trunk is
measured at its most narrow point beneath the split.
“Drip line” means a vertical line extending from the outermost edge of the tree’s original canopy to the
ground.
“Frontage tree” means a living, standing woody plant typically having a single trunk at least one and one-
half inches in diameter at a point six inches above mean ground level at the base of the trunk, that is
located on private property adjacent to the street right-of-way.
“Hazardous tree or shrub” means a tree or shrub or part thereof growing on private or public property
which endangers, obstructs or impairs the free and full use of a public area, including utilities within these
areas or is afflicted with or weakened by a disease or injury or is considered dead.
“Historic tree” means selected trees placed on a city inventory based on the age, species, location, health
and historic significance.
“Major pruning” means removal of over twenty percent of the tree’s canopy, any tree topping, or
disturbance of over ten percent of the root system.
“Nuisance Tree” A tree is considered a public nuisance means a tree or part thereof growing on
private or public property which by reason of its condition interferes with the use of any public area; or
which is infected with a plant disease; or which is infested with injurious insects or pests which therein
threaten public or private property, or which endangers the public health, safety and welfare. Nuisance
trees include fruit, nut or deciduous trees which drop a significant amount of fruits, nuts or
pinecones onto public sidewalks or public streets creating a reasonable tripping hazard and/or
unreasonable burden of maintenance or cleaning of public sidewalks and/or other public property,
or are otherwise inappropriate for their location.
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Packet Pg. 15 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
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4 | Ordinance No. _____; October 24, 2019
“Private tree” means a tree located on private property, other than a frontage tree, hazardous tree,
historic tree or significant tree.
“Public tree” means a tree located within a public right-of-way or on public land, such as a city park.
“Significant trees” means selected trees placed on a city inventory based on the age, species, health and
location.
“Street tree” means a living, standing woody plant typically having a single trunk at least one and one-half
inches in diameter at a point six inches above mean ground level at the base of the trunk, that is located
within the street right-of-way.
“Topping” means the severe cutting back of limbs to stubs three inches in diameter within the tree’s crown
to such a degree so as to remove the natural canopy and disfigure the tree.
“Tree” means any woody plant, including shrubs and bushes, having a trunk five inches or more in
diameter four and one-half feet above ground level at the base of the trunk. If a tree splits into multiple
trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.
“Tree board” means an appointed citizen committee formed for the purpose of hearing concerns and
making decisions regarding trees. The Central Point planning commission currently serves in this
capacity.
“Tree establishment” includes watering, feeding, initial pruning, pesticide or herbicide management, and
replacement of trees, if necessary, for a period of three years from the date of planting. (Ord. 1980
§1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.040 Tree removal/replacement.
The provisions of this section shall apply to any historic tree, significant tree, street tree, frontage tree
required as a condition of development, public tree, nuisance tree or hazardous tree or shrub, unless
otherwise specified.
A. The removal or major pruning by a property owner of any tree other than a private tree shall require
city approval, unless specifically designated as exempt by this chapter. Persons wishing to remove or
prune such trees shall file an application for a permit with the Central Point city manager. The applicant
9.A.a
Packet Pg. 16 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
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5 | Ordinance No. _____; October 24, 2019
shall include information describing the location, type, and size of the subject tree or trees, and the
reasons for the desired action.
The city shall review the application for the permit within thirty (30) calendar days and either approve,
approve with conditions or modifications, deny the application or request additional information based on
the criteria stated in Section 12.36.050. Any decision to deny the application shall be in writing along with
the reasons for the denial and a description of the appeal process.
An applicant may appeal an adverse determination to the Central Point planning commission. A written
notice of appeal shall be filed with the city manager within fifteen (15) calendar days following the date of
distribution of a city’s decision. The applicant shall have the burden of proving that the city made an
incorrect decision. Based on the planning commission’s findings and conclusions, the planning
commission may affirm, reverse or modify the decision being appealed.
B. All trees other than private trees shall be removed or pruned following accepted pruning standards
adopted by the city.
C. The applicant shall be responsible for all costs associated with the tree removal or pruning and shall
ensure that all work is done in a manner which ensures safety to individuals and public and private
property.
D. Approval of a request to remove a tree may be conditioned upon replacement of the tree with another
tree from the city’s approved tree list, or a requirement to pay to the city an amount sufficient to fund the
planting and establishment by the city of a tree, or trees, of similar value. The value of the existing tree to
be removed shall be calculated using the methods set forth in the edition then in effect of the “Guide for
Plan Appraisal” published by the International Society of Arboriculture Council for Tree Landscape
Appraisers.
E. The applicant is responsible for grinding stumps and surface roots at least six inches below grade. At
least a two-inch-thick layer of topsoil shall be placed over the remaining stump and surface roots. The
areas shall be crowned at least two inches above the surrounding grade to allow for settling and shall be
graded smooth. The applicant shall restore any damaged turf areas and grades due to vehicular or
mechanical operations. The area shall be reseeded.
9.A.a
Packet Pg. 17 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
6 | Ordinance No. _____; October 24, 2019
F. Other conditions may be attached to the permit approval by the Central Point planning commission city
as deemed necessary.
G. The city shall have the right to cause the pruning or removal of any potentially hazardous or nuisance
tree, or parts of a tree or shrub, on public or private property within the city, when such trees constitute a
threat to human life, safety, or property. Except in an emergency when immediate action is necessary for
safety, the Central Point city manager or his designee will notify in writing the owners of such trees.
Where such hazardous or nuisance tree is located within public right-of-way maintained by private
property owners, or private property owners’ associations, the city shall notify in writing the
property owner responsible for maintenance of said tree, or whose property frontage includes
said tree. Said owners at their own expense shall do pruning or removal within thirty (30) days after the
date of notice. In the event of failure of owners to comply with such provisions, or in the above mentioned
emergency situation, the city shall have the authority to remove or cause to be removed such trees and
assess the cost of removal, and replacement of such tree, plus reasonable and actual administrative
charges as a lien against the property.
H. In the event that it becomes necessary for the Central Point city manager or his designee to undertake
the inspection, pruning or removal of a potentially hazardous or nuisance tree from any private property
within the city, the city manager or his designee shall have the right at reasonable times to enter into or
upon said property to inspect, prune or remove said potentially hazardous or dead tree. (Ord. 1980
§1(part), 2013; Ord. 1969 §1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.045 City’s power and authority is permissive, not mandatory.
Under no circumstances shall this chapter obligate city, or any employee or agent thereof, to
undertake any particular action to enforce any of the terms of this chapter. All authority granted
to city, its agents and employees, shall be permissive and not mandatory, and city, its agents and
employees shall have complete discretion to determine whether or not enforcement action of any
type should be undertaken and if so, the nature of the enforcement action itself.
12.36.050 Review criteria.
A permit for major pruning or tree removal shall be granted if any of the following criteria apply:
9.A.a
Packet Pg. 18 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
7 | Ordinance No. _____; October 24, 2019
A. The tree is unsafe, dead, or diseased as determined by a certified arborist. Verification of tree health
may be required, at the expense of the applicant, by a certified arborist acceptable to the city;
B. The tree is in conflict with public improvements;
C. The proposed removal or pruning is part of an approved development project, a public improvement
project where no alternative is available, or is part of a street tree improvement program.; or
D. The tree is deemed a nuisance tree as defined in this Chapter.
12.36.060 Permit exemptions.
A. Hazardous Tree. If an imminent danger exists to the public or any private property owner or occupant,
the city may issue an emergency removal permit. The removal shall be in accordance with International
Society of Arboriculture (ISA) standards.
B. Maintenance. Regular pruning maintenance which does not require the removal of over twenty percent
of the tree’s canopy, tree topping, or the disturbance of over ten percent of the tree’s root system is
exempt from the provisions of this chapter. (Ord. 1821 §1(part), 2001).
12.36.070 Tree topping.
It is unlawful for any person, firm, or the city to top any tree other than a private tree; however, trees
severely damaged by storms or other causes or certain trees under utility wires or other obstructions may
be exempted from normal pruning practices at the determination of the Central Point planning
commission, applying criteria developed by the city. (Ord. 1821 §1(part), 2001).
12.36.080 Protection of trees.
A. It is unlawful for any person to remove, destroy, break, or injure any tree or part of a tree other than a
private tree. Individuals convicted of removing or destroying a tree or part of a tree without city approval
shall be subject to paying to the city an amount sufficient to fund the planting and establishment of a tree,
or trees, of similar value. The value of the removed or destroyed tree shall be calculated using the
methods set forth in the edition then in effect of the “Guide for Plant Appraisal” published by the
International Society of Arboriculture Council of Tree Landscape Appraisers.
9.A.a
Packet Pg. 19 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
8 | Ordinance No. _____; October 24, 2019
B. It is unlawful for any person to attach or keep attached to any tree other than a private tree, or to the
guard or stake intended for the protection of such tree, any rope, wire, chain, sign, or other device, except
as a support for such tree.
C. During the construction, repair, alteration or removal of any building or structure it is unlawful for any
owner or contractor to leave any tree other than a private tree in the vicinity of such building or structure
without a good and sufficient guard or protectors as shall prevent injury to such tree arising out of or by
reason of such construction or removal.
D. Excavations shall not occur within one and one-half times the drip line of any tree other than a private
tree without approval of the city, applying criteria developed by the planning commission. Utility pole
installations are exempted from these requirements. During such excavation or construction, the
excavator or builder shall guard any such tree within said area around the drip line, or as may be required
by the planning commission.
E. All building or other debris shall be kept outside one and one-half times of the drip line of any tree other
than a private tree.
F. Every effort should be made to retain existing trees on public or private property as an integral part of
overall community forest canopy and the development process. The planning commission shall make
every effort to modify setback requirements to include existing trees. (Ord. 1980 §1(part), 2013; Ord.
1821 §1(part), 2001).
12.36.090 Street and frontage tree planting--When required.
A. All new multifamily development, commercial or industrial development, subdivisions, partitions, or
parking lots fronting a public roadway which has a designated curbside planting strip or planting island
shall be required to plant street trees in accordance with the standards listed in Section 12.36.100.
B. Frontage trees shall be required as a condition of new development. The standards for the planting of
such trees are those listed in Section 12.36.100. The number and location of frontage trees shall be
determined by the Central Point planning commission during the site plan, tentative plan or other
discretionary permit review process for new development. (Ord. 1821 §1(part), 2001).
12.36.100 Street tree standards.
9.A.a
Packet Pg. 20 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
9 | Ordinance No. _____; October 24, 2019
A. The species of the street trees to be planted shall be chosen from the approved street tree list unless
approval of another species is given by the Central Point planning commission.
B. Street trees shall be a minimum of one and one-half inches in caliper measured at six inches above
ground level. All trees shall be healthy grown nursery stock with a single straight trunk, a well developed
leader with tops and roots characteristic of the species cultivar or variety. All trees must be free of insects,
diseases, mechanical injury, and other objectionable features when planted.
C. Small or narrow stature trees (under twenty-five feet tall and less than sixteen feet wide branching)
should be spaced no greater than twenty feet apart; medium sized trees (twenty-five feet to forty feet tall,
sixteen feet to thirty-five feet wide branching) should be spaced no greater than thirty feet apart; and large
trees (over forty feet tall and more than thirty-five feet wide branching) should be spaced no greater than
forty feet apart. Within residential developments, street trees should be evenly spaced, with variations to
the spacing permitted as approved by the city for specific site limitations and safety purposes. Within
commercial and industrial development staggered, or irregular spacing is permitted, as may be approved
by the Central Point planning commission.
D. When located adjacent to a local residential street or minor collector street, street trees shall be
planted within a curb-side landscape strip measuring a minimum of three feet in width. Street trees
adjacent to major collector streets or arterial streets shall be placed a minimum of four feet from the back
edge of the sidewalk. In no case shall a tree be planted closer than two and one-half feet from the face of
a curb.
E. Street trees shall not be planted within ten feet of fire hydrants, utility poles, sanitary sewer, storm
sewer or water lines, or within twenty feet of street light standards or street intersections, or within five
feet of an existing street tree. Variations to these distances may be granted by the public works director
and as may be required to ensure adequate clear vision.
F. Existing street trees shall be retained unless approved by the city manager for removal during site
development or in conjunction with a street construction project. Sidewalks of a variable width and
elevation may be utilized as approved by the city manager or his designee to save existing street trees.
Any street tree removed through demolition or construction within the street right-of-way shall be replaced
at a location approved by the city with a tree, or trees, of similar value. As an alternative the property
owner may be required to pay to the city an amount sufficient to fund the planting and establishment by
9.A.a
Packet Pg. 21 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
10 | Ordinance No. _____; October 24, 2019
the city of a tree of similar value. The value of the removed tree shall be calculated using the methods set
forth in the edition then in effect of the “Guide for Plant Appraisal” published by the International Society
of Arboriculture Council of Tree Landscape Appraisers. The developer or applicant shall be responsible
for the cost of the planting, maintenance and establishment of the replacement tree.
G. Sidewalk cuts in concrete for tree planting shall be a minimum of four feet by six feet, with the long
dimension parallel to the curb.
H. Street trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks
and fourteen feet above local streets, sixteen feet above collector streets, and eighteen feet above arterial
streets. This provision shall be waived in the case of newly planted trees so long as they do not interfere
with public travel, sight distances, or endanger public safety as determined by the city.
I. Maintenance of street trees, other than those located in the downtown core area (defined as that area
bordered by Manzanita, Oak, Front and 6th Streets) shall be the continuing obligation of the abutting
property owner. (Ord. 1984 §1, 2014; Ord. 1969 §1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.110 Street tree plans.
A. Submittal.
1. Subdivisions and Partitions. Street tree planting plans shall be submitted to city staff for review
and approval prior to the filing of a final subdivision or partition plat.
2. Commercial, Industrial, Parking Lots, and Multifamily Residential Development. Landscape
plans, to include street tree planting as may be required by this chapter shall be submitted to the
landscape review committee for review and approval prior to the issuance of a building permit.
B. Street Tree Plan Content. At a minimum, the street tree plan should:
1. Indicate all existing trees, noting location, species, size (caliper and height) and condition;
2. Indicate whether existing trees will be retained, removed, or relocated;
3. Indicate the measures to be taken during site development to ensure the protection of existing
trees to be retained;
9.A.a
Packet Pg. 22 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
11 | Ordinance No. _____; October 24, 2019
4. Indicate the location, species, and size (caliper and height) of street trees to be planted;
5. Indicate the location of proposed and existing utilities and driveways; and
6. Indicate the location of rights-of-way, existing structures, driveways, and trees including their
species, size, and condition, within twenty feet of the subject site. (Ord. 1821 §1(part), 2001).
12.36.120 Street tree planting.
A. Residential Subdivisions and Partitions.
1. Planting Schedule. Street trees required of residential subdivisions and partitions shall be
installed prior to submittal of a final subdivision plat or partition plat. As an alternative the applicant
may file a surety bond or other approved security to assure the planting of the required street trees,
as prescribed in the Central Point Municipal Code.
B. Commercial, Industrial, Multifamily, Parking Lot Development.
1. Planting Schedule. Street trees required of a commercial, industrial, multifamily, or parking lot
development shall be installed at the time all other required landscaping is installed. (Ord. 1821
§1(part), 2001).
12.36.130 Street tree maintenance.
Street trees shall be continually maintained, including necessary watering, feeding, weeding, pruning,
pesticide, herbicide application for pest and disease management with removal and replacement of any
dead or dying tree, by the developer or property owner for three full growing seasons following planting,
or as may be required by the city. (Ord. 1980 §1(part), 2013; Ord. 1821 §1(part), 2001).
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
9.A.a
Packet Pg. 23 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
_____________________________________________________________________________________
12 | Ordinance No. _____; October 24, 2019
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment. The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this ____ day of
_________________ 2019.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
9.A.a
Packet Pg. 24 Attachment: ORD Amending Ch 12.36 re Trees (v2) (1208 : Ordinance Amending 12.36 in part regarding Trees)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: October 24, 2019
SUBJECT: Second Reading - Ordinance No. _________, Amending CPMC
8.38.010 regarding Garbage Removal
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Currently, the Central Point Municipal Code provides that all
owners of residential rental units must subscribe and pay for weekly garbage removal service.
The intent of the ordinance is to ensure that weekly refuse removal is provided for. Many
landlords require their tenants pay for utilities, including refuse removal as additional rent.
However, because the language of the current code refers to “owners” some tenants have
argued the franchise holder cannot collect unpaid charges as it is a violation of the City’s code.
The purpose of the amendment is to clarify that owners, tenants, or a person in control of
property is responsible to subscribe to and pay for such weekly refuse removal. However, to
ensure the City is protected in enforcing its code, language has been included providing that in
the event of a dispute, the owner is ultimately responsible to comply with the code.
There were no recommended changes at the first reading on October 10, 2019.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: Consider proposed amendment and approve recommended
changes to CPMC Section 8.38.010.
RECOMMENDED MOTION: Move to approve Ordinance No. _____, an Ordinance amending
9.B
Packet Pg. 25
the Central Point Municipal Code Section 8.38.010 in part regarding garbage removal service.
ATTACHMENTS:
1. ORD - CPMC 8.38.010 Revised
9.B
Packet Pg. 26
_____________________________________________________________________________________
1 | Ordinance No. _____; October 24, 2019
ORDINANCE NO. ___________
AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 8.38.010
REGARDING GARBAGE REMOVAL REQUIRED
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 8.38.010 Garbage Removal Required
is advisable to clarify that owners of property may require tenants to
subscribe to garbage removal service via a written lease agreement.
C. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.38.010 is amended in part as set forth below and incorporated
herein by reference.
Chapter 8.38
GARBAGE REMOVAL
Sections:
8.38.010 Garbage removal required.
8.38.010 Garbage removal required.
A. The owner of any dwelling used for human habitation shall remove all garbage and
rubbish accumulated or stored at such dwelling on at least a weekly basis, either by
subscribing to and paying for weekly garbage removal with a city of Central Point refuse
collection franchise holder, or by some other lawful means of removing and disposing of
such garbage and rubbish.
B. The owner of any dwelling who rents, leases or lets dwelling units for human habitation
shall provide, in a location accessible to all dwelling units, one thirty-five-gallon (or
greater) receptacle for each dwelling unit, or, if a multiple-family unit, a receptacle with a
9.B.a
Packet Pg. 27 Attachment: ORD - CPMC 8.38.010 Revised (1201 : Ordinance Amending CPMC 8.38.010 regarding Garbage Removal)
_____________________________________________________________________________________
2 | Ordinance No. _____; October 24, 2019
combined capacity of thirty-five gallons per dwelling unit, into which garbage and rubbish
from the dwelling units shall be emptied for storage between days of collection. The owner,
tenant, or person in control of the rented or leased units on a day to day basis shall
subscribe to and pay for weekly garbage removal service for the receptacles with a city of
Central Point refuse collection franchise holder. In the event that a conflict exists
between the owner and the tenant or other person in control of the property on a
day to day basis, the owner shall be responsible for compliance with this code.
C. Receptacles and lids shall be watertight and provided with handles. All receptacles shall
be maintained free from holes and covered with tight-fitting lids at all times.
D. When a dwelling for human habitation is unoccupied for a period over two weeks no
refuse service will be required, until the dwelling is reoccupied.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment. The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this ____ day of
_____________ 2019.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
9.B.a
Packet Pg. 28 Attachment: ORD - CPMC 8.38.010 Revised (1201 : Ordinance Amending CPMC 8.38.010 regarding Garbage Removal)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: October 24, 2019
SUBJECT: Assignment of Hunter Communications Franchise Agreement
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City has been notified by Hunter Communications that it is under contract on an acquisition
of a majority share of its interest which is scheduled to close the first quarter of 2020. Per
discussions with Hunter, if the transaction closes, Hunter would remain in place and continue to
operate its infrastructure, but the purchaser would become the majority owner of the company.
In the event the transaction closes, Hunter Communications seeks the city’s approval of the
transfer of a majority of its interest, per the terms of the Franchise Agreement dated January
24, 2014.
To approve the transfer, Hunter Communications has provided a letter (attached hereto) for the
city’s signature which acknowledges that: 1) the city consents to the assignment or transfer to
the prospective purchaser or any of its subsidiaries; 2) any notice requirement or restriction on
assignment or transfer is deemed satisfied and/or waived and does not constitute a breach of
the franchise agreement; and 3) that the city’s consent is conditioned upon Hunter closing the
transaction which is anticipated to occur in the first quarter of 2020. The letter acknowledges
that in the event the transaction does not close, the agreement shall continue in full force and
effect between the city and Hunter Communications.
Staff has a prepared a resolution for Council’s consideration which authorizes the city manager
to sign the letter presented by Hunter Communications agreeing to the transfer.
FINANCIAL ANALYSIS:
None. The agreement would be assigned, and the purchaser would be subject to the same
terms and conditions under the 2014 agreement.
LEGAL ANALYSIS:
Section 10 of the Franchise Agreement requires the city’s written consent for assignment or
transfer, by operation of law or otherwise, which consent cannot be unreasonably withheld or
9.C
Packet Pg. 29
delayed. Hunter is required under the agreement to provide a minimum 120-days prior notice,
which it has complied with. The notice must contain the nature and terms of the proposed
transfer, and any other information reasonably required by the City. Further the agreement
provides that the transfer shall not be approved unless the assignee or transferee has the
legal, technical, financial or other requisite skills to operate, own and hold the
telecommunications system.
From the research staff has conducted, the prospective purchaser is a large private equity firm
that specializes in investments in telecommunications businesses. Moreover, Hunter
Communications advises it will continue to operate the telecommunications system. As such,
the Council can find that the terms of the agreement have been met with respect to
assignments of interest.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Approve Resolution consenting to majority share acquisition and authorizing City Manager to
execute letter.
RECOMMENDED MOTION:
I move to approve Resolution No. _____ consenting to assignment of City of Central Point
Telecommunications Franchise Agreement with Hunter Communications, Inc. and authorizing
the City Manager to execute the letter reflecting same.
ATTACHMENTS:
1. RESO Consenting to Hunter Communications Acquisition
2. LF Hunter re Assignment of Franchise Agt
9.C
Packet Pg. 30
Res. No.___________; October 24, 2019 Page 1
RESOLUTION NO. ______________
A RESOLUTION CONSENTING TO ASSIGNMENT OF CITY OF CENTRAL POINT
TELECOMMUNICATIONS FRANCHISE AGREEMENT WITH HUNTER
COMMUNICATIONS, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A LETTER REFLECTING SAME
Recitals:
A. City and Hunter Communications are parties to a Franchise Agreement dated January
24, 2014.
B. Section 10 of the Franchise Agreement requires the franchisee to notify the City in
writing in the event of a proposed assignment of its interest in the company and the
agreement.
C. On October 9, 2019 Hunter Communications notified the City of a proposed assignment
of the Franchise Agreement to a new prospective majority interest holder in the
company.
D. The Council finds there is sufficient evidence that the prospective assignment should not
negatively impact Hunter Communication’s ability to own, manage, and operate the
telecommunications system within the City.
E. The Council further finds that Hunter Communications has complied with its notice
obligations under the Franchise Agreement regarding assignments of interest.
The City of Central Point resolves as follows:
Section 1. The City hereby approves that assignment of interest in the Franchise Agreement
between the City and Hunter Communications, Inc. dated January 24, 2014.
Section 2. The City Manager or his designee is authorized to sign said letter consenting to such
assignment 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 October, 2019.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.C.a
Packet Pg. 31 Attachment: RESO Consenting to Hunter Communications Acquisition (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 32Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 33Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 34Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 35Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 36Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 37Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 38Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 39Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 40Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 41Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 42Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 43Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
9.C.bPacket Pg. 44Attachment: LF Hunter re Assignment of Franchise Agt (1209 : Assignment of Hunter Communications Franchise Agreement)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: October 24, 2019
SUBJECT: September 30, 2019 Financial Statements
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: Attached are the City’s financial statements for the period
ending September 30, 2019, which represents the first three months of the new biennium. The
next five pages are the Revenue and Expenditure statements for each of the respective funds,
while the last page is the Budget Compliance report, which recaps expenses by department. In
all funds, revenues and expenditures are on track for the time period.
General Fund revenues are in line with expectations as more significant property tax receipts
won’t begin to come in until November, and the financing of the Community Center is budgeted
for the second year of the biennium. Expenditures for the General Fund are at only 11.66% of
the budgeted amount.
The Street Fund revenues are at 11.14% of the budget, while expenditures are at 14.21% of
total budget. The revenue percentage is impacted by the financing of the new public works
corporation yard budgeted in the second year of the biennium. Expenditures show slightly
higher due to finalizing the purchase of the Haskell Street property for the new public works
corporation yard. Otherwise the fund is in a good position.
The Building Fund continues to show strong revenue totals that are exceeding expectations for
the biennium.
Water Fund total revenues are 14.11% of the budget, with expenditures at 12.87%. The Charge
for Services revenue line item (which includes water sales) is trending slightly higher than
expectations (15.56%) due to the warm weather during the summer months. The expenditure
total is trending higher due to finalizing the purchase of the Haskell Street property for the new
public works corporation yard.
Stormwater and Internal Services Fund revenues and expenditures are in line with this point in
the biennium.
Overall, all fund revenues and expenditures are all in line with expectations.
10.B
Packet Pg. 45
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: Mayor and Council approve September 30, 2019, financial
statements as presented as part of the consent agenda.
ATTACHMENTS:
1. September 30, 2019 Financial Statements
10.B
Packet Pg. 46
CÍty of Central Point
Council Financial Statements
For períod endíng September 30, 2otg
% of bienníøl budget e.5,oiú
zorglz'r
Bíennial Budget
Biennium to Date
Revenues &
Expenditures Dífference
Percentage
Received/Used
Generol Fund
Revenues
Taxes
Lícenses & Fees
lntergovernmental
Charges for Service
Fines and Forfeitures
lnterest lncome
Miscellaneous
Transfers ln
Total Revenues
Expenditures by Department
Administration
City Enhancement
Technical Services
Mayor & Council
Finance
Parks
Recreation
Planning
Police
lnterdepartmental
Transfers Out
Contingency
Total Expenditures by Department
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
9r5,864,5oo
gr6o,ozo
51,378,920
gz,49t,6oo
l172,ooo
s174,500
$8,425,ooo
$o
9511,760
$50,952
$ro6,o68
5290,355
$6,435
52o,137
5647,o15
$o
51i,3s2,740
91o9,o68
$'t,272,852
52,2c,1,24|,
s165,565
s154,363
57,777,985
$o
3.23:l
3't.8+%
7.697"
11.65%
3.74%
't1.54%
7.68%
o.oo%
281666r5,4o
1,728,29O
422,OOO
1,279,91O
l83,78o
1,687,630
2,134,3oo
1,066,14o
1,395,060
10,614,360
4O8,OOO
67'r,485
18o,ooo
164,176
74,647
r26,658
4o,638
173,381
238'325
166,522
149,815
1,142,623
262,121
o
o
1,564,'114
347,353
1t153,252
143,142
1,514,249
1,895,975
899,618
1,245,245
9,471,7)7
145,879
67t,485
18o,ooo
9.5c%
't7.69%
9.go%
22.11%
1o.27%
11.17%
15.62%
10.74%
10.76%
64.25%
o.oo%
o.oo%
116)21722 z7ro33r8't8 j.7o%
21r77O1955
3,961,o93
(9o6,r84)
319821987 21,894
215]8,906 t9r2r2rO49 í.66%
to,8s6,628 3,076,803 0,llg,8lS)
10.B.a
Packet Pg. 47 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
City of Central Point
Council Financial Statements
For períod ending September 30, 2otg
loof bienníal budget l2.r07á
zorglzt
Biennial Budget
Bienníum to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
Street Fund
Revenues
Franchíse Tax
Charges for Services
lntergovernmental Revenue
lnterest lncome
Miscellaneous
Transfers ln
Total Revenues
Expendítures
Operations
SDC
Transfers
Contingency
Total Expenditures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Capítal I mpr ov ement F und
Revenues
lntergovernmental
Charges for Services
lnterest lncome
Total Revenues
Expenditures
Parks Projects
Parks Projects - SDC
Transfers Out
Total Expendítures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
$486,ooo
$1,593,ooo
52,966,64c
$135,ooo
$1,oo2,ooo
$o
560,750
9284,257
53>i,7t8
514,384
$1,328
$o
5425,25o
t3o8,743
2,640,922
12O,616
998,672
o
12.jo%
17.84%
10.98%
'to.6j%
o.33%
o.oo%
6,t8z,64o
5,133,47o
675,ooo
152,OOO
700,ooo
688,438 5,494,202 11.14%
672,346 13.1o%
40.65%
o.oo%
o.oo%
274,36c.
4,461,'t24
4OO,64c
152,OOO
TOO,OOO
o
o
6,660,47o
3,O73,214
(258,268)
3t415,294 342,O8O
946,706 517131764 14.21u'
2,5S5,384 3,157,026 561,642
$r5o,ooo
$312,5oo
$2i,ooo
$o
$143,ooo
S2,886
$r5o,ooo
169,Soo
't8,t't4
o.oo%
45.76%
ß.74%
483,5oo
485,ooo
32,0OO
r45,886 337ßt4 )o.17%
8,5932o
o
o
156,41o
32,OOO
143,500
67.75%
o.oo%
o.oo%143.500
66or5oo
?.60,462
(t82,7o4)
4t1,f65 70,9o3
f28,590 r88,4ro 49.7j%
t83,462 248,66't 65,t99
10.B.a
Packet Pg. 48 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
Cíty of Central Point
Council Financial Statements
For períod ending September 30, 2otg
%ofbiennialbudget 12.507á
zorglzr
Biennial BudÃet
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
Reserve Fund
Revenues
I nterest
Transfers ln
Total Revenues
$29,ooo
$5o,ooo
$5,o84
$o
$23,9'r6
5O,OOO
17.53%
o.oo%
Tgrooo 5ro84 5o,ooo 6.+l%
Expenditures
Facílíty lmprovements
Total Expenditures
BuíldíngFund
Revenues
Charges for Service
lnterest lncome
Miscellaneous
Total Revenues
Expenditures
Personal Services
Materials and Services
Contingency
Total Expenditures
417 .s6o 21,173 3c6,387 o.oo%
4tl,560
631,2o4
21r173
5,o84
8o4rzo4 'l73,OOO
396,387 o.oo%
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
z9z,6qq 8o9,288 jt6,644
DebtServíce Fund
Revenues
Charges for Service
lnterest lncome
lntergovernmental
Special Assessments
Miscellaneous Revenue
Transfers ln
Total Revenues
Expenditures
Debt Service
Total Expenditures
$88t,30o
S2,6oo
$o
$o
$o
$48,ooo
5444
$o
$o
$o
$o
$833,1oo
562
5.45%
'r7.o7%
o.oo%
o.oo%
o.oo%
o.oo%$q66.q8s 66,c8g
o
o
o
5
r,85o,885 48A44 1r8o2r44t 2.62z.
1,676.6ss o 1,676,615 o.oo7"
11616r6ïs
ro1,336
48,444
52'o97 -49,239
o 1r676r6j, o.oo%
275,5'66 too,5,4't (t7 j,ozl)
$523,ooo
$25,ooo
$o
9r57,988
55,497
$1so
5365,,o'tz
19,5o3
-150
30.21%
21.99%
o.oo%
548,OOO
475,390
127,600
6.ooo
163,,635
32,801
21,703
o
442,589
1o5,897
6,ooo
6.9o%
17.o1%
o.oo%
38q,t6S 29.86%
6o8,99o
408,782
109,131
60),)oj 194,521
54Ão4 5j4,486 8.gSZ
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance 347,792 712,434 364,642
10.B.a
Packet Pg. 49 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
City of Central Point
Council Financial Statements
For períod endíng September ¡,o,2otg
%oî bienn¡al budget 12.50%
zorglzt
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
Water Fund
Revenues
Charges for Services
lnterest lncome
Miscellaneous
Total Revenues
Expenditures
Operations
SDC lmprovements
Contíngency
Total Expenditures
$8,516,5oo
g55,ooo
$t,ooo.ooo
$t,325,464
$5,215
$rg,+8+
$7,'t9't,o36
49,785
98o,516
15.56%
9.48%
o.oo%
9,571'5oo
8,486,565
4OO,OOO
6s1.1oo
923,'tOO
3c4,619
o
7,563,465
95,381
6st,roo
1o.88%
76.ij%
o.oo%
1r35Ort63 8rzzt,337 14.1it|
9$)7,665
7,664,7s7
122,444
2,807,t25 -8s1,c2.8
1122717tg 8,309,946 12.87i.l
Stormwater Fund
Revenues
Charges for Services
lnterest lncome
Miscellaneous
Total Revenues
Expenditures
Operations
SDC
Contingency
Total Expendítures
Net Change in Fund Balance
Beginning Fund Balance
Ending Fund Balance
Net Change ín Fund Balance
Beginning Fund Balance
Ending Fund Balance
3,6c8.s88 2,929,769 -768,81c
51,9'ti,315
$4o,ooo
Sl,ooo,ooo
5242,257
19,9o7
$l
51,673,o58
30,o93
998,521
12.6j%
24.77%
o.oo%
2Ð55315
2,247,67o
o
546.500
253¡64)217011672 8.58%
331,954 1,915,716
o
546,500
14.77%
o.oo%
o.ooy"
o
o
2r794117O
1,O99.27
(783r)
r,536,389 437,114
3)r,954 2,q62,216 fl.88%
5
t,z6o,qzo t,458,o78 197,6s8
10.B.a
Packet Pg. 50 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
Cíty of Central Point
Council Financial Statements
For period ending September 30,2otg
%oî biennial budget 12.50%
zorglzr
Biennial Budget
Biennium to Date
Revenues &
Expenditures Difference
Percentage
Received/Used
lnternal Servîces Fund
Revenues
Charges for 5ervíces
lnterest lncome
Miscellaneous
Total Revenues
Expenditures
Facilities Maíntenance
PW Adminístration
PW Fleet Maintenance
lnterfund Transfers
Total Expenditures
92,989,6oo
$12,OOO
$5'ooo
$364,o85
91,185
52,625,515
to,8t5
4,857
'tz;t8%
9.882
2.86%
31006160,lJ
537,350
1,677,84o
98o,7'to
50,ooo
5r,288
134,113
r55,r88
o
486,c62
1,543,727
82r,s22
50,ooo
9.54%
7.99%
t5.82%
o.oo%
365,4tt zr64trt87 12.15.7"
tr245r9oo
1r4,607
24,825
1o5,638 -+8,s6c
34o,588 219051312 1O.4grL
Net Change in Fund Balance
Begínning Fund Balance
Ending Fund Balance 115,707 330,463 215,156
10.B.a
Packet Pg. 51 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
Fund
Cíty of Central Poínt
Budget Complí dn ce Re p or t
For períod endíng September ¡,o,2otg
f of bíenníal budget 12.5o?t
Department/ zotglzt Biennium to Date Percent
Classification Biennial BudEet Expenditures Used Difference
General
HTCU
Street
Capítal
Projects
lnternal
Servíces
Administration
City Enhancement
Iechnical Services
Mayor and Councíl
Finance
Parks
Recreation
Planning
Police
lnterdepartmental
Transfers
Contingency
Total Expendítures
Materíals and Services
Total Expenditures
Operations
5DC lmprovements
Contingency
Totol Expendítures
Park Projects
Park Projects - 5DC
Transfers
Totol Expendítures
51,728,29o
422rOOO
1,279,91O
183,78c
1,687,630
2,134,3OO
1ro66,140
1,395,O6O
10,614.36o
4O8,OOO
67't,485
18o,ooo
$t64,'t76
74,647
126,658
40,638
173881
238.'325
166,522
149,81j
111421623
262,121
o
o
9.5c%
17.69%
9.9c%
22.11%
10.27%
11.17%
15.62%
10.74%
10.76%
64.25%
o.oo%
o.oo%
51,564,114
347,353
1,153,252
'143,142
1,514,249
1,895,975
899,618
11245,245
9'471,737
145,879
67t,485
18o,ooo
21,770,955 2.sì8.so6 11.66%19,242,04q
o o o.oo%o
o o o.oo%o
5,193,47o
767,ooo
672,346
274.J60
o
12.95%
35.77%
o.oo%
4,5211124
492,640
TOO,OOO70orooo
6,660.,47o c46.70,6 14.21i¿5,711,764
l5OrOOO
367,ooo
143,5oo
157,737
17o,85]
o
1o5.16%
46.557"
o.oo%
(l,lT)
196,147
143,5OO
66o.soo 328,590 49.75%33l,9rO
DebtService TotalExpenditures
ReserveFund TotalExpenditures
Buílding Personnel Servíces
Materials and Services
Contingency
Total Expenditures
Water Operations
SDC lmprovements
Contingency
Total Expenditures
Stormwater Operations
SDC lmprovements
Contingency
Total Expendítures
1,676,6ss o o.oo%1,676,6ss
417,560 21,5.o7%f96,t87
475,390
127,6cO
6,ooo
32,801
21,703
o
6.9o%
17.o17"
o.oo%
442,589
1o5,897
6,ooo
6o8,990 8.9s%554,486
8,486,565
4OO,OOO
651.1oo
923,1OO
304,619
0
10,88%
76.15%
o.oo%
7,563,465
95,381
651,1o0
r¡.sì7.66s 1,227,719 12.87i¿8..309,946
2,247,67O
8rooo
546,5oo
331,954
o
o
14.77%
o.oo%
o.oo%
1,915,716
Srooo
546,5oo
2,802,17o 11.857"2,47O,216
Facilities Maintenance
PW Admínistration
PW Fleet Maíntenance
Transfers
Total Expenditures
537,350
1,677,84c
98o,71o
50.ooo
51,288
134,113
155,188
o
9.54%
7.99%
15.82%
o.oo%
486,062
1'543'727
825,522
5O,OOO
3,2+5'9oo 34o,588 to.49%2,9o5312
Total Citv Operatíons 946,961,3o5 Sslqo¡qt 12.33% s41,194,337
10.B.a
Packet Pg. 52 Attachment: September 30, 2019 Financial Statements (1207 : September 30, 2019 Financial Statements)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: October 24, 2019
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Approval
The following items were presented by staff and discussed by the Planning Commission at its
regular meeting on October 15, 2019.
A. Public Hearing to consider a Site Plan and Architectural Review application for the
development of a 2,345 square foot oil change facility and a 4,971 square foot
automated car wash, including parking, payment kiosks, vacuum stations and
landscaped areas. The project site is located at 4245 Table Rock Road within the
Tourist and Office Professional (C-4) commercial zoning district and is identified
on the Jackson County Assessor’s Map as 37S 2W 01C Tax Lot 700. File No.
SPAR-19002. Applicant: JB Steel, Inc.; Agent: Amy Gunter, Rogue Planning &
Development Service, LLC. Planning staff reported that the applicants provided revised
site plan and building design material and findings but not in time to adequately assess
those changes. It was agreed that an additional two weeks was necessary and that this
item would be presented at the November Planning Commission meeting for action. The
applicants submitted a letter authorizing the City to exceed the State’s 120 day permit
processing rule and the public hearing was continued to the next meeting.
B. Public Hearing to consider a Major Modification to Approved Plans and
Conditions of Approval for an existing stealth-designed telecommunication facility
(cell tower). The project site is located at 250 Peninger Road within the Tourist and
Office Professional (C-4) commercial zoning district and is identified on the
Jackson County Assessor’s Map as 37S 2W 02D Tax Lot 2905. File No. MOD-
19001. Applicant: Sprint Corporation; Agent: SAC Wireless. Planning staff
explained that the current cell tower at the KFC location was originally designed to
resemble a flag pole. The modification increases the circumference of the upper 20 feet
of the pole to accommodate a new updated antenna in order to maintain user service in
this area. The proposal was compared to similar towers on the I-5 corridor. Given the
cell tower’s proximity to large signs advertising adjacent businesses the Commission
concluded that a single pole design that is painted an unobtrusive color, does not include
an attached flag and has an antenna internal to the design could be approved.
Consequently the Commission approved the modification. Members did express an
interest in viewing a 5G video that has been shown to the City Council. That video will be
shown to the Commission at their next meeting.
10.C
Packet Pg. 53
10.C
Packet Pg. 54