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HomeMy WebLinkAboutCAP061120 CITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, June 11, 2020 Mayor Hank Williams Ward I Neil Olsen Ward II Kelley Johnson Ward III Melody Thueson Ward IV Taneea Browning At Large Rob Hernandez At Large Michael Parsons At Large Michael Parsons Next Res(1622) Ord (2066) I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. 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. V. CONSENT AGENDA A. Approval of May 14, 2020 City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. 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. First Reading/Public Hearing An Ordinance Amending the Central Point Comprehensive Plan and Zoning Maps on Multiple Properties Totaling 12.12 Acres South of Bush Street between South 4th and South 1st Streets from C- 2(M) Commercial -Medical to R-1-6 (Residential Single Family) and Civic. (37S 2W 11BC, Tax Lots 800 Through 5000 and 37S 2W 11BL, Tax Lots 100-700) (Humphrey) B. Resolution No. _______, Electing to Receive State Revenue Sharing Funds for Fiscal Year July 1, 2020 through June 30, 2021 (Weber) VIII. ORDINANCES, AND RESOLUTIONS A. Resolution No. _______, A Resolution Certifying the Provision of Municipal Services by the City of Central Point, Oregon (Weber) B. Resolution No. _____, A Resolution to Levy Taxes for the Fiscal Year July 1, 2020 through June 30, 2021 (Weber) C. Resolution No. _______, Approving Appointments and Adopting General Procedures for Fiscal Year 2020-2021 (Weber) D. Resolution No. ______, A Resolution Temporarily Extending Stay of Enforcement of Default Utility Bills (Dreyer) E. Ordinance No. ________, An Ordinance Amending Sections 2.20.060 of the Central Point Municipal Code to Suspend the Requirement to File by Petition for the 2020 General Election Declaring an Emergency (Clayton) IX. BUSINESS X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XII. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION - ORS 192.660(2)(h) Legal Counsel 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. XV. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail 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, May 14, 2020 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 Melody Thueson Ward III Present Taneea Browning Ward IV Present Rob Hernandez At Large Present Michael Parsons At Large Present City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Community Development Director Tom Humphrey, HR Director Elizabeth Simas, Parks and Public Works Director Matt Samitore, IT Director Jason Richmond, and Public Works Office Assistant Cyndi Weeks were also present. All Staff and Council members participated via Zoom. Staff were located in the Council Chambers with the ability for citizens to view the meeting on a monitor in the lobby. IV. PUBLIC COMMENTS - None V. CONSENT AGENDA RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Rob Hernandez, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons A. Approval of April 9, 2020 City Council Minutes B. Parks and Recreation Commission Appointment VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING VIII. ORDINANCES, AND RESOLUTIONS 5.A Packet Pg. 3 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes May 14, 2020 Page 2 A. Resolution No. ______, Ratifying the General Services Collective Bargaining Agreement and Authorizing the Mayor and City Manager to sign the Agreement HR Director Elizabeth Simas reported that due to the pandemic, it was decided that it was best to extend the current agreement for one year with only a few changes. There will be a 2.75% increase on July 1, 2020. It also adjusts the medical coverage for new employees to 17% with a 50/50 cap split. Kelley Johnson made a motion approve Resolution No. 1617 Ratifying the General Services Collective Bargaining Agreement and Authorizing the Mayor and City Manager to sign the agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Taneea Browning, Ward IV AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons B. Resolution No. _______, Approval of Central Point 2020-2021 Classification Pay Plan HR Director Elizabeth Simas stated that the only change to the plan is a 2.75% pay increase, a couple of added positions, a 3.5% increase for police, and no change to management. Kelley Johnson made a motion to approve Resolution No. 1618 Approving the Central Point 2020-2021 Classification Pay Plan. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Taneea Browning, Ward IV AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons C. Final Design Presentation for Dennis Richardson Memorial Parks and Public Works Director Matt Samitore presented the financial details about the memorial. There will be $100,000 from the Parks 2021-2023 budget, $18,000 possibly available from the Parks & Rec Foundation, and grants are being applied for in the amount of $40-50,000. Construction plans won’t start until most of the funds have been collected. Kelley Johnson motioned to approve Resolution No. 1619 approving the final design for the Dennis Richardson Memorial. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Melody Thueson, Ward III AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons D. Resolution No. ______, Ratifying Continued Local State of Emergency to 6-15- 2020 5.A Packet Pg. 4 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes May 14, 2020 Page 3 City Attorney Sydnee Dreyer pointed out that the current State of Emergency had a May 15th expiration date. With the ongoing pandemic, she suggested that we declare a new State of Emergency until June 15th with the option of a two week extension. Some Council members were concern that this is no longer necessary and we should not continue to extend the deadline. Kelley Johnson moved to approve Resolution No. 1620 ratifying Continued Local State of Emergency to June 15, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Kelley Johnson, Ward II SECONDER: Taneea Browning, Ward IV AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons E. Resolution No. ____, Scheduling Biennial Election of Central Point City Officers on November 3, 2020 City Manager Chris Clayton announced that the Mayor, Ward IV, and both At-Large positions will be up for election this year. He suggested approving the recommended resolution for our election to coincide with the state General Election on November 3, 2020. Mike Parsons moved to approve Resolution No. 1621 Schedule the Biennial Election of Central Point City Officers for November 3, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Michael Parsons, At Large SECONDER: Rob Hernandez, At Large AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons IX. BUSINESS A. Discussion Requiring Signatures on Nomination Petitions City Manager Chris Clayton reported that some cities are trying to find alternatives for required signatures for nomination of candidates with a $25 filing fee. This recommendation is being made to avoid exposure of COVID-19 for candidates and citizens. Several council members feel that meeting residents and collecting signatures shows character and integrity of the person wanting to run for elective offices and would like to continue doing so. Staff will review a few more options and return to the Council with more information on June 11, 2020. RESULT: FOR DISCUSSION ONLY B. Planning Commission Report Community Development Director Tom Humphrey reported that the planning commission had a meeting on May 1st via Zoom. One of the items of discussion included the 8 lot commercial subdivision on the corner of Biddle and Table Rock. 5.A Packet Pg. 5 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes May 14, 2020 Page 4 There will be internal streets and multiple access points. The other item was to change the zoning of the old Asante building to allow it be replaced by an educational zone. A traffic analysis would be needed. RESULT: FOR DISCUSSION ONLY C. Battle of the Bones 2018 Financial Report Parks and Public Works Director Matt Samitore explained that there are stricter insurance needs for BBQ teams and that the City has been unable to find any providers that will provide a policy to meet the needs. It would also be cost prohibitive for the teams to get individual coverage. The City has a few options for this year. The City could provide a stipend for each team to get insurance, the City could take all responsibility for each team, or we can cancel the event. Due to the event dwindling in size over the years and the current Coronavirus situation, the majority of the council agreed to not hold the event this year. RESULT: FOR DISCUSSION ONLY X. MAYOR'S REPORT Mayor Williams reported that he attended: League of Oregon Cities weekly call Central Point Chamber Zoom meeting XI. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: He read an article about how the California government has decided that all new cases of COVID-19 will be considered Worker’s Comp. He does not want to see that happen here as it will significantly raise rates. Strategic Plan is finished with not many changes and will be sent to council tomorrow HR is developing a re-opening policy. Playgrounds and gazebos will remain closed during Phase 1 which is 21 days long at minimum. An employee survey showed that most employees are pleased with the way things are being handled. Harvard did a study of how to keep the economy from being open/closed continually. This will be sent to council tomorrow. A safety video showing how to social distance at work among the COVID pandemic has been made by the Safety Manager and others. XII. COUNCIL REPORTS Council Member Kelley Johnson reported that she attended the weekly League of Oregon Cities calls and the Planning Commission meeting. 5.A Packet Pg. 6 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes May 14, 2020 Page 5 Council Member Melody Thueson reported that she has been working from home, the school district is working on how the next year is going to look, but guidelines and rules change weekly. Council Member Rob Hernandez reported that he attended two Fire District Zoom meetings and School District 6 Bond Committee Zoom meeting. Council Member Taneea Browning reported that she attended: Central Point Greeters virtually. League of Oregon Cities virtual meetings. Illinois Community Development meeting. Council Member Mike Parsons reported that he attended: Fire District 3 promotion process evaluations. Planning Commission meeting via Zoom. RVSS Budget meeting via Zoom. Council Member Neil Olsen had no report. XIII. DEPARTMENT REPORTS Parks and Public Works Director Matt Samitore reported that four bids have come in for the Public Works Shop and it has been narrowed down to two. Interviews will be done next week and the top proposal will be recommended at the June 25th Council meeting. Community Development Director Tom Humphrey reported that Principal Planner Stephanie Holtey has done a great job with the UGB expansion and the process is almost complete. Maps have been shared with 1,000 Friends of Oregon and we are waiting for a traffic analysis to be complete. Police Chief Kris Allison reported: This week is National Police Week. We honor those who have fallen in the line of duty. There are two known local families who have participated in the national recognition ceremony conducted via Zoom. Crater High graduates will be recognized with a parade. Maps will be sent out as the details are finalized. Superintendent of OR State Police announced that there will be 199 layoffs throughout the state. 10-15 of those will be from the crime lab that is used for evidence processing. 5.A Packet Pg. 7 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point City Council Minutes May 14, 2020 Page 6 A thank you note was received for Scott Logue, who located a vehicle that was stolen from a couple up north who have been laid off. He provided gas and watched over the car until the owners could come get it. A new attendee to the meeting tonight is Simon the Victim Service Dog. He was previously a seeing-eye dog that was donated to the department. Mike Wojack is retiring later this summer. Joe Vargas will be filling his spot. The department has done 10 special event parades, mostly for children’s birthdays. Even though the crime volume has gone down 25% since the stay-at-home order, we are anticipating domestic violence happening and not being reported. They have been working on the Greenway patrols; at this point we don’t have any permanent camps in our section of the Greenway. XIV. ADJOURNMENT Taneea Browning moved to adjourn, all said “aye” and the Council Meeting was adjourned at 8:50 p.m. The foregoing minutes of the May 14, 2020, Council meeting were approved by the City Council at its meeting of _________________, 2020. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 5.A Packet Pg. 8 Minutes Acceptance: Minutes of May 14, 2020 7:00 PM (CONSENT AGENDA) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Tom Humphrey, Community Development Director MEETING DATE: June 11, 2020 SUBJECT: First Reading/Public Hearing An Ordinance Amending the Central Point Comprehensive Plan and Zoning Maps on Multiple Properties Totaling 12.12 Acres South of Bush Street between South 4th and South 1st Streets from C-2(M) Commercial -Medical to R-1-6 (Residential Single Family) and Civic. (37S 2W 11BC, Tax Lots 800 Through 5000 and 37S 2W 11BL, Tax Lots 100-700) ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: Approval AGENDA ITEM: File No. CPA-19006 Public Hearing to Consider a Comprehensive Plan Amendment and Zone Map Change application to change the zoning designation on multiple properties totaling 12.12 acres south of Bush Street between South 4th and South 1st Streets from C-2(M) Commercial-Medical to R-1-6 (Residential Single Family) and Civic. The project area is identified on the Jackson County Assessor’s map as 37 2W 11BC, Tax Lots 800 through 5000 and 37S 2W 11BL, Tax Lots 100- 700. Applicant: City of Central Point. BACKGROUND: The City is initiating minor comprehensive plan and zone map amendments in an area identified as the C2M Land Use Study Area in the Land Use Element of the City’s Comprehensive Plan. This area has been in transition since the close of the Asante Medical Facility. The Asante property and adjoining home sites were designated for Commercial-Medical uses in the past but this designation is no longer applicable. At the time the Land Use Element was being considered for adoption in 2018 the Asante Corporation was negotiating the sale of their property and it is now clear with its sale to School District #6 that the property will no longer be used for medical purposes. The School District asked the City to initiate a zone change for their property alone but under the circumstances the City considers it wise to eliminate the medical zoning designation altogether. Since there are many single family homes in the C-2(M) zoning district, residents and property owners have not expressed opposition to having their commercial zoning changed to residential zoning at no expense to them. The change will allow residents to maintain their single family homes or duplexes and to add ADUs if they choose. It will also allow the future expansion of School District #6 facilities. In consideration of this application, there are four criteria that should be addressed: 7.A Packet Pg. 9 1. Statewide Planning Goals. A finding of consistency with the applicable statewide planning goals applies to both major and minor amendments to the Comprehensive Plan (reference CPMC, Chapter 17.96.500 Approval criteria). The proposed Comprehensive Plan Land Use revision and Map change constitute an amendment to employment and residential land uses in Central Point. In each case the City has performed a Buildable Lands Inventory the results of which support these changes. The changes are compatible with 1) a Civic Goal: To include in each land use category sufficient public lands for land uses related to community public facilities, such as city hall, public schools, community centers, etc. and 2) a Residential Goal: To preserve the value and character of older-single-family neighborhoods through proper zoning, including reasonable efforts to encourage maintenance and rehabilitation as an alternative to transitional development at higher densities. Staff believes that proposed changes are consistent with Statewide Planning Goal 2 - Land Use Planning (refer to Attachment B). 2. Comprehensive Plan Compliance. The current land use plan designation for the property is Commercial Medical and was designated a ‘study area’ in the Comprehensive Plan Land Use Element because it was an area in transition. The proposed Low Density Residential and Civic land use and zoning designations are more consistent with the existing and the proposed uses in the neighborhood. The properties in question will be given more realistic land use categories that are the same as others in the City and are consistent with City goals and policies. 3. Compatibility with Surrounding Land Uses and Zoning. The proposed zone map amendment occurs on thirty three (33) lots south of Bush Street between South 4th and South 1st Streets. South 2nd Street is the main entrance into the School District property. This is an established neighborhood of predominantly single family homes which is contiguous to other neighborhoods of single family homes and civic uses to the north, south and east. Property owners and lenders have periodically questioned the legal non-conforming status of homes in this area during property sales and refinancing. This typically hasn’t proven to be a problem in the C-2(M) zoning district but it will be much clearer in the future if the homes are zoned exclusively residential. Preliminary staff analysis indicates that rezoning will not change property tax assessment. 4. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. The City contracted with the Ausland Group who evaluated the impact the comp plan and zone change will have on traffic within the vicinity (Attachment (“C”). Their conclusion is that the proposed amendments result in an overall increase of 57 daily trips. Since the increase in site traffic volume generation does not meet or exceed 250 average daily trips (ADTs) further study and a traffic impact analysis (TIS) is not required under CPMC Section 17.05.900. The Planning Department Findings (Attachment “B”) reflect the conclusions in the engineer’s analysis. ISSUES: Any issues associated with this proposed amendment have been addressed and/or resolved. ACTION: 7.A Packet Pg. 10 Open public hearing and consider the proposed amendment to the Comprehensive Plan and Zoning Maps, close the public hearing and 1) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading, or 3) deny the ordinance. RECOMMENDATION: Forward the ordinance amending the Comprehensive Plan and Zoning Maps to a second reading. ATTACHMENTS: 1. Attachment A - CPA 19006 Maps 2. Attachment B -CPA 19006 Findings_6-4-2020 (CC) 3. Attachment C - Traffic Analysis (revised) for CPA 19006 4. Attachment D - City Council Ordinance 7.A Packet Pg. 11 ATTACHMENT “A” 7.A.a Packet Pg. 12 Attachment: Attachment A - CPA 19006 Maps (1283 : Comprehensive Plan and Zoning Map Amendment) Proposed Comprehensive Plan Designation 7.A.a Packet Pg. 13 Attachment: Attachment A - CPA 19006 Maps (1283 : Comprehensive Plan and Zoning Map Amendment) Proposed Zoning Map Change 7.A.a Packet Pg. 14 Attachment: Attachment A - CPA 19006 Maps (1283 : Comprehensive Plan and Zoning Map Amendment) FINDINGS OF FACT AND CONCLUSIONS OF LAW File No. CPA-19006 Before the City of Central Point City Council Consideration of a Comprehensive Plan Amendment and Land Use Redesignation on multiple properties totaling 12.12 acres south of Bush Street between South 4th and South 1st Streets. The property is identified on the Jackson County Assessor’s map as 37S2W 11BC, Tax Lots 800 through 5000 and 37S 2W 11BL, Tax Lots 100-700. Applicant: City of Central Point and ) Findings of Fact Central Point School District #6 ) and Conclusion of Law PART 1 INTRODUCTION The above referenced tax lots are proposed to be redesignated and rezoned to low density residential and civic uses to conform with existing residential activity and to allow the redevelopment of a former medical facility for civic activity. The proposal will not have a widespread and significant impact beyond the immediate area.These findings have been prepared with the understanding that both the Comprehensive Plan (Map) and Zoning Map will be changed to become consistent with one another. The Comprehensive Plan Amendment involves a quasi-judicial map amendment, which is processed using Type III application procedures. These procedures are set forth in Section 17.05.400 and provide the basis for decisions upon standards and criteria in the development code and the comprehensive plan, when appropriate. Applicable development code criteria for this Application include: 1. Statewide Planning Goals 2. Comprehensive Plan 3. State Transportation Planning Rule 4. CPMC, Chapter 17.96 Findings will be presented in six (6) parts addressing the requirements of Section 17.05.400 as follows: 1. Introduction 2. Statewide Planning Goals 3. Comprehensive Plan 4. StatewideTransportation Rule 5. Zoning Ordinance 6. Summary Conclusion PART 2 STATEWIDE PLANNING GOALS A finding of consistency with the applicable statewide planning goals applies to both major and minor amendments to the Comprehensive Plan (reference CPMC, Chapter 17.96.500 Approval criteria). 7.A.b Packet Pg. 15 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) Goal 2: Land Use Planning PART I – PLANNING To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions … Finding: The proposed Comprehensive Plan Land Use revision and Map change constitute an amendment to employment and residential land uses in Central Point. In each case the City has performed a Buildable Lands Inventory the results of which support these changes. The changes are compatible with a Civic Goal: To include in each land use category sufficient public lands for land uses related to community public facilities, such as city hall, public schools, community centers, etc. and a Residential Goal: To preserve the value and character of older-single-family neighborhoods through proper zoning, including reasonable efforts to encourage maintenance and rehabilitation as an alternative to transitional development at higher densities. The proposed language reflects land use changes made by the City over time and identifies current land uses and zones approved by the City and acknowledged by the state. The Oregon Department of Land Conservation and Development was notified of this Comprehensive Plan Amendment and has not yet commented. Conclusion: Consistent with Statewide Planning Goal for Land Use Planning. PART 3 COMPREHENSIVE PLAN The Comprehensive Plan Land Use Map currently designates the properties in question as the C2M Land Use Study Area and the land use application proposes to re-designate this land for Low Density Residential and Civic uses to match neighborhood designations. This area has been in transition since the close of the Asante Medical Facility. The Asante property and adjoining homesites were designated for Commercial-Medical uses but this designation is no longer applicable. At the time the Land Use Element was being considered for adoption the Asante Corporation was negociating the sale of their property and it is now clear with its sale to School District #6 that the property will no longer be used for medical purposes. Finding: The properties in question will be given land use categories that have been adopted by the City and are consistent with City goals, policies and actions. Conclusion: Consistent. PART 4 STATEWIDE TRANSPORTATION RULE Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: a) Change the functional classification of an existing or planned transportation facility; 7.A.b Packet Pg. 16 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) b) Change standards implementing a functional classification system; or c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. Finding 660-012-0060(1)(a): The proposed plan amendment and zone change does not change the functional classification of an existing or planned transportation facility. The proposed zone change from C-2(M) to R-1-6 and Civic will not necessitate a change to any of the surrounding street classifications. Bush Street and South 1st, 2nd and 4th Streets are all local residential streets. Conclusion 660-012-0060(1)(a): No significant affect. Finding 660-012-0060(1)(b): A traffic analysis was performed for the proposed plan amendment and zone change that evaluated both the “Permissible Land Use Condition” (PLUC) and the “Actual Land Use Condition” (ALUC). Despite 5.53 acres of this proposal having a PLUC of commercial, the properties never converted to commercial/medical facilities thus the ALUC is residential. Since the Existing ALUC calculated daily trips are a representation of the “real-world” conditions, it is believed that they have more merit than the Existing PLUC calculated daily trips. Consequently, the proposed amendments will not cause a significant change to standards implementing the City’s transportation system. Conclusion 660-012-0060(1)(b): No significant affect. Finding 660-012-0060(1)(c)(A): The proposed plan amendment and zone change will not cause an increase in land uses that would result in levels of travel or access that would be inconsistent with the City’s functional street classification system for existing and planned transportation facilities. Conclusion 660-012-0060(1)(c)(A): No significant affect. Finding 660-012-0060(1)(c)(B): There are no known operational of safety concerns as a result of the proposed land use amendment and zone change. The proposed zone change will not reduce the performance of any existing or planned transportation facilities below the minimum acceptable performance standard identified in the Master Plan, or in the City’s Transportation System Plan. Conclusion 660-012-0060(1)(c)(B): No significant affect. 7.A.b Packet Pg. 17 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) Finding 660-012-0060(1)(c)(C): The proposed plan amendment and zone change will not cause the worsening of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the Master Plan or Comprehensive Plan. No captital improvements are scheduled in the City’s TSP nor are they anticipated in this sector of the community. Conclusion 660-012-0060(1)(c)(C): No significant affect. PART 5 ZONING ORDINANCE 17.10.300 Quasi-judicial amendments. A. Applicability of Quasi-Judicial Amendments. Quasi-judicial amendments are those that involve the application of adopted policy to a specific development application or code revision, and not the adoption of new policy (i.e., through legislative decisions). Quasi-judicial zoning map amendments shall follow the Type III procedure, as governed by Section 17.05.400, using standards of approval in subsection B of this section. The approval authority shall be as follows: 1. The planning commission shall review and recommend land use district map changes that do not involve major amendments; 2. The planning commission shall make a recommendation to the city council on an application for a comprehensive plan map amendment. The city council shall decide such applications; and 3. The planning commission shall make a recommendation to the city council on a land use district change application that also involves a comprehensive plan map amendment application. The city council shall decide both applications. Finding 17.10.300(A): A plan amendment and zone change application has been submitted to redesignate 12.12 acres from Commercial-Medical to Low Density Residential and Civic. The proposal will not have a widespread and significant impact beyond the immediate area. The proposal was considered by the planning commission and a recommendation was made to the City Council for final decision. Conclusion 17.10.300(A): Consistent. B. Criteria for Quasi-Judicial Amendments. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following criteria: 1. Approval of the request is consistent with the applicable statewide planning goals; Finding 17.10.300(B)(1): See Part 2, Statewide Planning Goals findings and conclusions. Conclusion 17.10.300(B)(1): Consistent 2. Approval of the request is consistent with the Central Point comprehensive plan; Finding 17.10.300(B)(2): See Part 3, Comprehensive Plan findings and conditions. Conclusion 17.10.300(B)(2): Consistent. 7.A.b Packet Pg. 18 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) 3. The property and affected area is presently provided with adequate public facilities, services and transportation networks to support the use, or such facilities, services and transportation networks are planned to be provided in the planning period; and Finding 17.10.300(B)(3): Public facilities, services and transportation networks have been established pursuant to the City’s TSP and are sufficient to serve the allowable uses. The proposal will not significantly increase the demand on public facilities over the current uses. Conclusion 17.10.300(B)(3): Consistent. 4. The change is in the public interest with regard to neighborhood or community conditions, or corrects a mistake or inconsistency in the comprehensive plan or land use district map regarding the property which is the subject of the application. Finding 17.10.300(B)(4): The proposed plan amendment and zone change are consistent with Strategic Planning goals, are in the interest of the community, are compatible with surrounding land uses and correct inconsistencies in the Comprehensive Plan and zoning maps. Conclusion 17.10.300(B)(4): Consistent. 17.10.600 Transportation planning rule compliance. Section 660-012-0060(1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: a) Change the functional classification of an existing or planned transportation facility; b) Change standards implementing a functional classification system; or c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow types or levels of land uses that would result in levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. Finding 17.10.600(1): See Part 4, Statewide Transportation Planning Rule findings and conclusions. Conclusion: Consistent. 7.A.b Packet Pg. 19 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) PART 6 SUMMARY Conclusion: As evidenced in findings and conclusions, the proposed plan amendment and zone change are consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide Transportation Planning Rule. 7.A.b Packet Pg. 20 Attachment: Attachment B -CPA 19006 Findings_6-4-2020 (CC) (1283 : Comprehensive Plan and Zoning Map Amendment) 7.A.c Packet Pg. 21 Attachment: Attachment C - Traffic Analysis (revised) for CPA 19006 (1283 : Comprehensive Plan and Zoning Map Amendment) 7.A.c Packet Pg. 22 Attachment: Attachment C - Traffic Analysis (revised) for CPA 19006 (1283 : Comprehensive Plan and Zoning Map Amendment) 7.A.c Packet Pg. 23 Attachment: Attachment C - Traffic Analysis (revised) for CPA 19006 (1283 : Comprehensive Plan and Zoning Map Amendment) 7.A.c Packet Pg. 24 Attachment: Attachment C - Traffic Analysis (revised) for CPA 19006 (1283 : Comprehensive Plan and Zoning Map Amendment) ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT COMPREHENSIVE PLAN AND ZONING MAPS ON MULTIPLE PROPERTIES TOTALING 12.12 ACRES SOUTH OF BUSH STREET BETWEEN SOUTH 4TH AND SOUTH 1ST STREETS FROM C-2(M) COMMERCIAL-MEDICAL TO R-1-6 (RESIDENTIAL SINGLE FAMILY) AND CIVIC. (37S 2W 11BC, TAX LOTS 800 THROUGH 5000 AND 37S 2W 11BL, TAX LOTS 100-700). Recitals: A. The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B. The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City Comprehensive Plans. C. Pursuant to authority granted by the City Charter and the ORS, the City may amend the Central Point Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D. Pursuant to the requirements set forth in CPMC 17.96.500, Amendments - Approval Criteria, Chapter 17.10.100 Zoning Map and Zoning Code Text Amendments – Purpose and Chapter 17.05.010, Applications and Development Permit Review Procedures, the City has accepted an application and conducted the following duly advertised public hearings to consider the proposed amendment: a) Planning Commission hearing on May 5, 2020 b) City Council hearings on June 11, 2020 and June 25, 2020. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City Comprehensive Plan map and zoning map are hereby amended as set forth in Exhibits 1 and 2 which are attached hereto and by this reference incorporated herein. 7.A.d Packet Pg. 25 Attachment: Attachment D - City Council Ordinance (1283 : Comprehensive Plan and Zoning Map Amendment) EXHIBIT 1 EXHIBIT 2 7.A.d Packet Pg. 26 Attachment: Attachment D - City Council Ordinance (1283 : Comprehensive Plan and Zoning Map Amendment) Section 3. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. Section 4. Effective date. The Central Point City Charter states that an ordinance enacted by the council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.A.d Packet Pg. 27 Attachment: Attachment D - City Council Ordinance (1283 : Comprehensive Plan and Zoning Map Amendment) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Finance FROM: Steven Weber, MEETING DATE: June 11, 2020 SUBJECT: Resolution No. _______, Electing to Receive State Revenue Sharing Funds for Fiscal Year July 1, 2020 through June 30, 2021 ACTION REQUIRED: Public Hearing Resolution RECOMMENDATION: BACKGROUND INFORMATION: Although the City Council adopted a biennial budget at the June 13, 2019 meeting, certain Oregon statutes and Local Budget Law require annual certifications.  ORS 221.770 requires cities to annually pass an ordinance or resolution requesting state revenue sharing money. The law mandates public hearings to be held by the city, certification of these hearings is required. FINANCIAL ANALYSIS: For the 2020-21 fiscal year the corresponding revenues for each of the resolutions are budgeted as follows:  $1.89 million in cigarette, liquor and highway taxes  $237,685 in state revenue sharing funds  $6.155 million in property taxes LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: Make a motion to approve resolution as presented. RECOMMENDED MOTION: I move to approve Resolution No. _______, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year July 1, 2020 Through June 30, 2021 7.B Packet Pg. 28 ATTACHMENTS: 1. Budget State Revenue 2020 7.B Packet Pg. 29 RESOLUTION NO._______ A RESOLUTION ELECTING TO RECEIVE STATE REVENUE SHARING FUNDS FOR FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021 Recitals: The State of Oregon sets forth requirements for eligibility of State Revenue Sharing funds. The City of Central Point has qualified and desires to receive such funds. Therefore, the City of Central Point resolves as follows: Section 1. The City hereby elects to receive distribution under ORS 221.770 of the State Revenue Sharing funds. Section 2. The City hereby certifies as follows: A. The City held a public hearing before the Budget Committee on April 29, 2019 at which time citizens had the opportunity to provide written and oral comment to the City Council on the possible uses of State Revenue Sharing funds. C. The City held a second public hearing before the City Council on June 13, 2019, at which time citizens had the opportunity to provide written and oral comment and ask questions of the City Council on the proposed use of State Revenue Sharing funds for the biennial budget period of July 1, 2019 through June 30, 2021. D. The City levied a property tax for the year proceeding the year in which State Revenue Sharing funds are sought hereunder and pursuant to ORS 471.810. Section 3. A copy of this resolution shall be filed with the executive department of the State of Oregon prior to July 31, 2020. Passed by the Council and signed by me in authentication of its passage this 11th day of June 2020. ____________________________ Mayor Hank Williams ATTEST: _________________________ City Recorder 7.B.a Packet Pg. 30 Attachment: Budget State Revenue 2020 (1280 : Budget Resolution State Revenue) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Finance FROM: Steven Weber, MEETING DATE: June 11, 2020 SUBJECT: Resolution No. _______, A Resolution Certifying the Provision of Municipal Services by the City of Central Point, Oregon ACTION REQUIRED: Motion Public Hearing Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: Although the City Council adopted a biennial budget at the June 13, 2019 meeting, certain Oregon statutes and Local Budget Law require annual certifications.  ORS 221.760 provides that cities located with a county having more than 100,000 inhabitants must provide four or more municipal services to be eligible to receive state shared revenues (cigarette, liquor and highway taxes); FINANCIAL ANALYSIS: For the 2020-21 fiscal year the corresponding revenues for each of the resolutions are budgeted as follows:  $1.89 million in cigarette, liquor and highway taxes  $237,685 in state revenue sharing funds  $6.155 million in property taxes LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: Make a motion to approve resolutions as presented RECOMMENDED MOTION:  I move to approve Resolution No. a resolution certifying the provision of municipal services by the City of Central Point, Oregon. 8.A Packet Pg. 31 ATTACHMENTS: 1. Certifying the Provision of Municipal Services 8.A Packet Pg. 32 RESOLUTION NO._________ A RESOLUTION CERTIFYING THE PROVISION OF MUNICIPAL SERVICES BY THE CITY OF CENTRAL POINT, OREGON Recitals: ORS 221.760 provides that for cities located within counties having population over 100,000 to receive state revenues from cigarette, gas and liquor taxes, the State of Oregon must be satisfied that the City provides certain municipal services. Therefore, the City of Central Point resolves as follows: That the citizens of Central Point are provided the following services;  Police protection  Street construction, maintenance and lighting  Storm sewers  Planning, zoning and subdivision control  Water utilities Passed by the Council and signed by me in authentication of its passage this 11th Day of June 2020. __________________________________ Mayor Hank Williams ATTEST: _________________________ City Recorder 8.A.a Packet Pg. 33 Attachment: Certifying the Provision of Municipal Services (1278 : Budget Resolution Certifying Provisions) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Finance FROM: Steven Weber, MEETING DATE: June 11, 2020 SUBJECT: Resolution No. _____, A Resolution to Levy Taxes for the Fiscal Year July 1, 2020 through June 30, 2021 ACTION REQUIRED: Resolution RECOMMENDATION: BACKGROUND INFORMATION: Although the City Council adopted a biennial budget at the June 13, 2019 meeting, certain Oregon statutes and Local Budget Law require annual certifications.  ORS 294.456 requires, in part, to declare the ad valorem property tax amount or rate to be certified to the assessor for either the ensuing year or each of the years of the ensuing budget period and to itemize the ad valorem property tax amount or rate as required under ORS 310.060 FINANCIAL ANALYSIS: For the 2020-21 fiscal year the corresponding revenues for each of the resolutions are budgeted as follows:  $1.89 million in cigarette, liquor and highway taxes  $237,685 in state revenue sharing funds  $6.155 million in property taxes LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: Make a motion to approve resolution as presented. RECOMMENDED MOTION:  I move to approve Resolution No. ______, A Resolution to Levy Taxes for the Fiscal Year July 1, 2020 through June 30, 2021. ATTACHMENTS: 8.B Packet Pg. 34 1. Budget Levy Taxes 2020 8.B Packet Pg. 35 RESOLUTION NO.__________ A RESOLUTION TO LEVY TAXES FOR THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021 RECITALS: A. Oregon statute (ORS 294.326) requires municipalities to prepare and adopt a financial plan (budget) containing estimates of revenues and expenditures in compliance with Oregon budget laws prior to making expenditures or tax certification. B. The City of Central Point changed from an annual to a biennial budget cycle in June, 2015; therefore this coming fiscal year 2020/21 is the second period of the 2019/21 biennial budget. C. A public hearing was duly held by the City Council of Central Point, Oregon on June 13, 2019 and the biennial budget was adopted in the amount of $67,183,859. The City of Central Point resolves as follows: To levy taxes for the second period of the biennial budget beginning fiscal year July 1, 2020 and ending June 30, 2021. Section 1. As authorized by law and the Charter of the City of Central Point, Oregon, there is hereby levied upon the taxable property of said city as shown on the tax rolls of Jackson County, Oregon, for the fiscal period July 1, 2020 through June 30, 2021, the rate of $4.47 per $1,000 of assessed valuation for general government purposes, as follows: Subject to Not Subject to General Government Measure 5 Limits Measure 5 Limits Total ASSESSED LEVY $4.47 $4.47 Section 2. The Finance Director is hereby directed to certify to the Assessor of Jackson County, Oregon, the levy of taxes of the City of Central Point, Oregon, and to take all other steps with regard to said budget and levy as required by law. Passed by the Council and signed by me in authentication of its passage this 11th Day of June, 2020. ___________________________ Mayor Hank Williams ATTEST: _________________________ City Recorder 8.B.a Packet Pg. 36 Attachment: Budget Levy Taxes 2020 (1281 : Budget Resolution Levy Taxes) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Finance FROM: Steven Weber, MEETING DATE: June 11, 2020 SUBJECT: Resolution No. _______, Approving Appointments and Adopting General Procedures for Fiscal Year 2020-2021 ACTION REQUIRED: Motion Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: Each fiscal year the City Council considers a general procedures resolution which appoints specific individuals or firms to represent the City in the capacity of: City Attorney, City Engineer, City Auditor, Municipal Judge and Insurance Agent of Record. Furthermore, the general procedures resolution establishes and regulates procedures regarding the following: council expenses; designation of depository; authority to keep, invest, transfer and expend funds; accounting principles; Interfund and overhead fees; outstanding checks; capital acquisition; summons, complaints, and tort claim notices. The attached general procedures resolution recommends no significant changes for fiscal year 2020-21. FINANCIAL ANALYSIS: Budgetary appropriations for the contracted services referenced in the 2020-21 general procedures resolution are included in the 2019-21 City of Central Point biennial budget. More specifically, these costs are generally contained in individual department budget line items for contracted and professional services. The only exception would be the budget appropriation for insurance premiums, which has an individual line item in the inter-departmental section of the corresponding fund. LEGAL ANALYSIS: N/A COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: N/A STAFF RECOMMENDATION: Approve resolution as presented. RECOMMENDED MOTION: 8.C Packet Pg. 37 I move to approve Resolution No. ______ a resolution approving appointments and adopting general procedures for fiscal year 2020-21. ATTACHMENTS: 1. General Procedures Resolution 2020-2021 8.C Packet Pg. 38 RESOLUTION NO. _______ A RESOLUTION APPROVING APPOINTMENTS AND ADOPTING GENERAL PROCEDURES FOR FISCAL YEAR 2020-2021 RECITALS: A. The Central Point City Council deems it appropriate to authorize certain appointments and procedures relating to City administration, budget, and fiscal management for fiscal year 2020-2021. The City of Central Point resolves as follows: For the fiscal year 2020-2021, the following appointments are hereby made; the following policies and procedures are imposed, and the same are hereby adopted: Section 1. Appointments. A. Insurance Agent of Record. Brown & Brown Northwest Insurance Agency is hereby appointed to continue as Insurance Agent of Record for the City for property, general liability, vehicle liability, workers compensation and bond insurance through June of 2021. B. City Attorney. Sydnee Dreyer of Jarvis, Dreyer, Glatte & Larsen, LLP is hereby appointed to the office of City Attorney and is designated as a sworn officer under the terms of the legal services contract through June 2021. C. Municipal Judge. Jackson County Justice of the Peace, Joe Charter, is hereby appointed as Municipal Court Judge under the terms of the intergovernmental agreement between the City of Central Point and Jackson County through June 2021. D. City Auditor. Isler Certified Public Accountants is hereby appointed as City Auditor through June 2021 pursuant to statutes requiring independent fiscal audit of the City, and subject to the contract for Audit of an Oregon Municipality. E. City Engineer. Jeff Ballard of RH2 Engineering Inc. is hereby appointed as City Engineer of the City of Central Point under the terms of the contract through June 2021. Section 2. Council Expenses. City Council members may elect to receive compensation of $150 per month, and the Mayor may elect to receive compensation of $250 per month. In addition to said compensation, reimbursement may also be made to the Mayor or Council members for actual expenses incurred while on official City business. 8.C.a Packet Pg. 39 Attachment: General Procedures Resolution 2020-2021 (1282 : General Procedures Resolution) Section 3. Designation of Depository. Any Central Point branch of an FDIC insured bank, the State of Oregon Local Government Investment Pool, and all successors in interest to those institutions are each hereby designated as depositories for City funds, and the Finance Director or designee may deposit monies belonging to the City in any or all of said institutions in accordance with applicable law until further order of the City Council. Section 4. Authority to Keep, Invest, Transfer and Expend Funds A. The Finance Director or designee is hereby authorized to invest any surplus funds in accordance with ORS 294.035 and ORS 294.810, in such investments as are authorized by said statutes, and to transfer funds from one account to another. B. The Finance Director or designee is hereby authorized to establish a petty cash fund with a balance not to exceed $2,000. The fund may be used to maintain cash drawer change funds and provide for miscellaneous expenditures not to exceed $100 per transaction; except that upon approval of the City Manager or the Finance Director a maximum expenditure of $200 per transaction may be made. C. The City Manager or designee is authorized to expend funds in accordance with budget appropriations. All revenues received and expenditures incurred by the City in implementing the budget appropriations shall be reported to the Council. Such reports will normally be made on a quarterly basis. Section 5. Accounting Principles. The City shall maintain its financial records in accordance with current generally accepted accounting principles, and all applicable laws and regulations. Section 6. Interfund and Overhead Fees. Expenditures incurred by one fund for the benefit of another fund may be reimbursed in accordance with acceptable accounting procedures as determined by the Finance Director. Section 7. Outstanding Checks. Outstanding checks stale dated (at least six months after the date of issuance) must escheat to the state under ORS 98.352. 8.C.a Packet Pg. 40 Attachment: General Procedures Resolution 2020-2021 (1282 : General Procedures Resolution) Section 8. Capital Acquisition. Assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of two years shall be capitalized. Section 9. Summons, Complaints, and Tort Claim Notices. The City Recorder shall be designated to receive all Summons, Complaints, and Tort Claim Notices. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.C.a Packet Pg. 41 Attachment: General Procedures Resolution 2020-2021 (1282 : General Procedures Resolution) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: June 11, 2020 SUBJECT: Resolution No. ______, A Resolution Temporarily Extending Stay of Enforcement of Default Utility Bills ACTION REQUIRED: Motion Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: On March 16, 2020 the City Council adopted Resolution No. 1611, authorizing a temporary 60- day stay to the City’s enforcement of unpaid water service or other charges. Given the continuing local state of emergency, continued high rate of unemployment, and impact on local businesses, the City desires to extend this temporary stay of enforcement an additional 30- days. FINANCIAL ANALYSIS: LEGAL ANALYSIS: COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: STAFF RECOMMENDATION: Staff recommends approval of the Resolution authorizing a temporary extension of the stay to the enforcement of default utility bills. RECOMMENDED MOTION: I move to approve Resolution No. _____, a Resolution temporarily extending the stay of enforcement of default utility bills. 8.D Packet Pg. 42 ATTACHMENTS: 1. RESO Extending Stay of Water Turnoff Policy 8.D Packet Pg. 43 Resolution No. ______________ (June 11, 2020) RESOLUTION NO. _______ A RESOLUTION TEMPORARILY EXTENDING STAY OF ENFORCEMENT OF DEFAULT UTILITY BILLS RECITALS: A. Multiple cases of Coronavirus (COVID-19) have been detected in the state of Oregon, with at least two identified cases in Jackson County. B. The Governor of the State of Oregon has declared a state of emergency relating to COVID-19 in the State of Oregon. C. The foregoing circumstances have resulted in closed schools and businesses. D. CPMC 13.04.120 authorizes the City to discontinue any City provided water service in the event of unpaid charges for water service or other charges or assessments that the CPMC authorizes collection for discontinuation of water service. E. On March 16, 2020 the City Council adopted Resolution No. 1611 which authorized a 60-day stay of enforcement of turnoff notices and late fees for unpaid charges for water service or other charges or assessments. F. Given the continuing local state of emergency and impact on local businesses and citizens, the City desires to alleviate the hardship or suffering caused by this state of emergency, particularly for families hardest hit by reduced employment by extending the stay of enforcement of unpaid utility bills through water service curtailment and late fees an additional 30-days. The City of Central Point resolves as follows: Section 1. For a period of 30 days following the date of this Resolution, the City shall not discontinue water service under any of the circumstances described in CPMC 13.04.120(A). 8.D.a Packet Pg. 44 Attachment: RESO Extending Stay of Water Turnoff Policy (1277 : Resolution Extending Temporary Stay of Enforcement of Default Utility Bills) Resolution No. ______________ (June 11, 2020) Section 2. For a period of 30 days following the date of this Resolution, the City shall not impose a fee for providing turn-off notices and for discontinuance of service under any of the circumstances described in CPMC 13.04.120(A). Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 2020. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.D.a Packet Pg. 45 Attachment: RESO Extending Stay of Water Turnoff Policy (1277 : Resolution Extending Temporary Stay of Enforcement of Default Utility Bills) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Administration FROM: Chris Clayton, City Manager MEETING DATE: June 11, 2020 SUBJECT: Ordinance No. ________, An Ordinance Amending Sections 2.20.060 of the Central Point Municipal Code to Suspend the Requirement to File by Petition for the 2020 General Election Declaring an Emergency ACTION REQUIRED: Ordinance 2nd Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: Central Point Municipal Code 2.20.060 states that nomination for city elective positions shall be by a petition signed by not less than twenty electors of the city for the positions of Mayor and two at-large positions. The global pandemic caused by COVID-19 and social distancing requirements will make it difficult for candidates to gather the required signatures to file for candidacy during the 2020 election. Under state law electronic signatures are only allowed for initiative, referendum or recall purposes and are not allowed for petitions for candidacy for local jurisdictions. In order for local jurisdictions to abide by the Governor’s order and do what they can to protect the health and safety of its residents and candidates staff recommends an emergency ordinance amending the requirement for gathering signatures by petition and allow filing by fee for the 2020 election. ORS 249.056 sets the filing fees for candidates, such as U.S. Senator, Governor, District Attorney, State Senator or Representative. The filing fee for State Senator or Representative is $25.00. Staff is recommending a $25.00 fee for our local candidates. The City Recorder researched other local jurisdictions regarding their 2020 election guides. Medford and Jacksonville implemented changes of $25.00 for 2020. Phoenix, Ashland, Eagle Point, Gold Hill, Talent, and Rogue River allow signatures only. Klamath Falls $50.00 for Mayor, $25 for Council. Jackson County either verified required signatures or $10.00 filing fee. The proposed Emergency clause is needed because with the cancellation of public meetings there will not be time for two readings of the ordinance and the 30 days after the second reading to be effective before the July 6, 2020 filing window opens. Section 2 states that the ordinance shall be repealed without further Council action effective January 1, 2021. 8.E Packet Pg. 46 FINANCIAL ANALYSIS: The fee would be $25.00 per candidate. There would be no significant financial impact to the city. Any funds received from the filing fee would be deposited into the general fund. LEGAL ANALYSIS: Requirements for candidacy are preempted in large part by state law. Municipalities may allow a candidate to file by either signature petition, or by filing fee. State law does not designate the filing fee for Mayor or Council, as such, the City has discretion to establish a reasonable fee. STAFF RECOMMENDATION: Staff recommends approval of the recommended Emergency Ordinance. RECOMMENDED MOTION: Move to approve Ordinance No. _________, An Ordinance Temporarily Amending Section 2.20.060 of the Central Point Municipal Code to Suspend the Requirement to File by Petition for the 2020 General Election Declaring an Emergency. ATTACHMENTS: 1. ORD Temporarily Suspending Petition requirements 8.E Packet Pg. 47 Pg. 1 Ordinance No. ____________ (__/__/___) ORDINANCE NO. _______ AN ORDINANCE TEMPORARILY AMENDING SECTION 2.20.060 OF THE CENTRAL POINT MUNICIPAL CODE TO TEMPORARILY SUSPEND THE REQUIREMENT TO FILE BY PETITION FOR THE 2020 GENERAL ELECTION AND DECLARING AN EMERGENCY Recitals: A. Words lined through are to be deleted and words in bold are added. B. Central Point Municipal Code 2.20.060 states that nomination for city elective positions shall be by a petition signed by not less than twenty electors of the city who reside within with in the ward for which the candidate is running. In the case of the Mayor and two At-Large positions they would reside within the city limits. C. In 2020, the World Health Organization declared a global pandemic caused by the COVID-19 coronavirus. Coronaviruses can cause respiratory disease, with the potential to cause serious illness or loss of life for individuals with underlying health conditions. In March, Governor Kate Brown declared a state of emergency due to the COVID-19 outbreak in Oregon (Executive Order No. 20-03), finding that COVID-19 has created a threat to public health and safety constituting a statewide emergency. Executive Order 20-12 enacted a public health law called “Stay Home, Save Lives” including restrictions of limitations on individual travel, social distancing requirements and enforcement measures for non- compliance. Said order is in place indefinitely. D. Electronic signatures for elections purposes are only permitted by state law at the present time for initiative, referendum, or recall purposes but not petitions for candidacy. E. The City desires to abide by the Governor’s order and do what it can to protect the health and safety of its residents. F. The City finds that requirements to collect original signatures during the COVID pandemic may unnecessarily increase health risks to its residents through increased personal contact. G. In order to ensure that this temporary modification is adopted prior to the opening of elections on July 6, 2020, and that potential candidates have adequate information as to the process for candidacy prior to that 8.E.a Packet Pg. 48 Attachment: ORD Temporarily Suspending Petition requirements (1271 : Emergency Ordinance Allowing Filing by Fee) Pg. 2 Ordinance No. ____________ (__/__/___) date, the City finds that a Declaration of Emergency is necessary. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 2.20.060 of the Central Point Municipal Code is amended to read: Chapter 2.20 Elections, Wards Sections: 2.20.060 Nomination by petition 2.20.060 Nomination by petition. A. Nomination for a city elective position shall be by a petition that specifies the office sought and shall be in a form prescribed by the Secretary of State and the city of Central Point. B. Electors may sign one petition for each position to be placed on the ballot. The circulator must certify on each signature sheet that the circulator witnessed the signing of the signature sheet by each individual whose signature appears on the signature sheet and attest that each individual is believed to be qualified to sign as provided in ORS 249.061(4). Failure to comply with the legal requirements and guidelines as contained in OAR 165-014-0270 will result in the rejection of those signature sheets. C. Signature sheets may not be circulated until the city recorder has approved the prospective petition and provided a letter authorizing the gathering of signatures. 1. All petitions for nomination for the office of city councilor from a particular ward shall be signed by not less than twenty electors of the city who reside within that ward. 2. All petitions for nomination for the office of mayor or a city councilor-at- large shall be signed by not less than twenty electors of the city. 8.E.a Packet Pg. 49 Attachment: ORD Temporarily Suspending Petition requirements (1271 : Emergency Ordinance Allowing Filing by Fee) Pg. 3 Ordinance No. ____________ (__/__/___) D. Candidates must allow sufficient time to have the signatures verified by the Jackson County elections division before the city’s filing deadline. Failure to do so will result in the rejection of those signature sheets. E. When the city recorder receives notification that a minimum of twenty signatures have been approved by the Jackson County elections division, a letter of completion will be provided to the candidate. F. Alternative Method for Social Distancing. Until January 1, 2021, in lieu of the above-described signature requirements of Sections A – E above, an individual may instead choose to pay a fee of $25 to the City of Central Point to be paid along with the Candidate forms prescribed in 2.20.080, filed with the City Recorder. Section 2. This change to Section 2.20.060 of the Central Point Municipal Code shall be repealed without further Council action effective January 1, 2021. Section 3. 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 other word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions need not be codified and the City Recorder is authorized to correct any cross references and any typographical errors. Section 4. EMERGENCY. This ordinance is necessary for the immediate preservation of the health, and safety of our citizens and potential candidates due to the limited time frame and limited meeting schedule during this pandemic. This ordinance shall be in full force and effective on the date of its passage. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.E.a Packet Pg. 50 Attachment: ORD Temporarily Suspending Petition requirements (1271 : Emergency Ordinance Allowing Filing by Fee)