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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, January 28, 2021
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 (1655) Ord (2072)
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 January 14, 2021 City Council Minutes
B. 2021 Arbor Day Week Proclamation
C. OLCC Change of Ownership - Colvin Oil, LLC
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.
VIII. ORDINANCES, AND RESOLUTIONS
A. First Reading - An Ordinance Amending in Part Central Point Municipal Code
Chapter 8.08.010 Weed Abatement (Dreyer)
IX. BUSINESS
A. Fire District No. 3 Update
B. Jackson County FD3 Hazardous Vegetation and Combustible Material
Abatement Draft Ordinance (Clayton)
C. Central Point Little League Concept Plan (Clayton)
D. Planning Commission Report (Humphrey)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. 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Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
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, January 14, 2021
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 7:08 PM
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
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Finance Director Steve Weber; Police Chief Kris Allison; Police Captain Dave Croft;
Parks and Public Works Director Matt Samitore; Human Resource Director Elizabeth
Simas and City Recorder Deanna Casey.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Johnson, Thueson, Browning, Hernandez, Parsons
ABSENT: Neil Olsen
A. Approval of December 10, 2020 City Council Minutes
B. Approval of Re-appointments to Committees and Commissions
VI. ORDINANCES, AND RESOLUTIONS
A. Resolution No.______, A Resolution Approving the Revised Management
Compensation Plan and July 1, 2020 - June 30, 2021 Classification Pay Plan
City Human Resources Director Elizabeth Simas presented an amendment to the
Management Compensation Plan and the Pay Plan explaining that the Council
approved increasing the pay range scale by 1.5%. The adjustment to the pay plan
are to the salary range minimums and maximums, not to individual salaries. Pay
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Packet Pg. 3 Minutes Acceptance: Minutes of Jan 14, 2021 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 14, 2021
Page 2
changes for management employees are tied to performance and limited to the
parameters set by the Management Compensation Plan.
The following changes are being proposed to the Classification Pay Plan:
Part A of the pay plan (General Service Bargaining Unit) - No changes.
Part B of the pay plan (Police Bargaining Unit) - No changes.
Part C of the pay plan (management/non-represented).
Update the salary schedule by an additional 1.5% (total of 2.5% from 1/1/20
salary schedule) to the minimum and maximums of the scales effective January
1, 2021.
Addition of Planning Director to the Salary Schedule.
Kelley Johnson moved to approve Resolution No. 1652, A Resolution
Approving the Revised Management Compensation Plan and July 1 2020 -
June 30, 2021 Classification Pay Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution No. ________, A Resolution Approving the 2021 Rules of the City
Council and Code of Ethics
City Manager Chris Clayton stated that there are currently no recommended
changes to the City Council Rules this year. We may consider making changes to
the public comment and public hearing rules only allowing public statements during
those topics.
Rob Hernandez moved to approve Resolution No. 1653, A Resolution
Approving the 2021 Rules of the City Council and Code of Ethics.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Resolution No. ______, A Resolution of the City of Central Point, Oregon
Granting a Non-Exclusive Franchise to Qwest Corporation D/B/A CenturyLink
QC
City Attorney Sydnee Dreyer explained the process in regards to the Century Link
franchise agreement. There were changes to the insurance requirement based on
their insurance. There are some time consuming steps in regards to termination of
the agreement which is understandable for a long time agreement such as this.
Melody Thueson moved to approve Resolution No. 1654, A Resolution of
the City of Central Point, Oregon Granting a Non-Exclusive Franchise to
Qwest Corpation D/B/A Century Link QC.
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City of Central Point
City Council Minutes
January 14, 2021
Page 3
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VII. BUSINESS
A. Election of 2021 Council President
Mr. Clayton explained the process to appoint a president of the Council at the
beginning of every year. The Council President presided the event that the Mayor
cannot attend a meeting. The Council nominates a member and votes.
Kelley Johnson thinks it is good to rotate the position and would like to nominate Rob
Hernandez, Mike Parsons is in favor of that nomination.
Melody Thueson stated that Taneea Browning has been doing a great job would like
to nominate Mrs. Browning. Mr. Browning said that she is in favor of rotation, but
would accept the nomination.
Taneea Browning moved to nominate Rob Hernandez to the position of
Council President.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Local City Council Committee and Board Assignments 2021
Mr. Clayton asked for a motion to formalize the City Council Local Committee list for
2021. He hopes that we have incorporated the recommended changes from the last
meeting.
Melody Thueson moved to approve the City Council Local Committee list for
2021.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Citizen Advisory Committee Appointment
Mr. Clayton explained there are two vacancies on the Citizens Advisory Commission.
The City advertised for the vacant positions and have received three applications.
After reviewing the applications staff recommends appointing John Eaton and Kristy
Painter at this time. Eden Foster is currently on the Parks and Recreation
Foundation. Staff is going to ask Mrs. Foster if she would consider being appointed
to the Budget Committee.
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City of Central Point
City Council Minutes
January 14, 2021
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Kelley Johnson moved to appoint John Eaton and Kristy Painter to the
Citizens Advisory Commission.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
D. Property Tax Update
Finance Director Steve Weber explained the property tax income lower than
budgeted assessed value coupled with a lower tax collection rate during the fiscal
year 2019-2020 fiscal led to a shortfall in property tax revenue. Collections in the
current year are slightly lower than the prior year. There is a projected shortfall in
General Fund property tax revenue, however measures have been taken on the
expenditure side in response to the financial impact of the pandemic, which is
helping to offset this revenue reduction. Departments are on target to reduce
Materials and Services spending by 10% and the proceeds from the sale of the
Upton Road Property will help with the revenue impacts during the pandemic. At this
time we do not see any concerns regarding staff levels or services to the citizens.
RESULT: FOR DISCUSSION ONLY
VIII. MAYOR'S REPORT
Mayor Williams reported:
that he attended a meeting with County Commissioner Dave Dotterrer. He feels that
Commissioner Dotterrer will be a great asset for the City of Central Point.
He attended a tour of the new building on Pine Street.
He participated in an LOC phone conference last week and was introduced to the new
president of League of Oregon Cities.
IX. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
Stephanie Holtey has been promoted to Planning Director to take over when Community
Director Tom Humphrey retires at the end of June.
Chief Horton will be updating the Council at the next meeting in regards to a Hazard
Vegetation Ordinance.
The city is working on the Bear Creek property exchange with the City of Medford and
Jackson County. We plan to take possession of the area and maintain it.
Some of us were able to take a tour of the Reed Medical Building last week. If other
Council members would like to tour the property the Building Official and Building owner
will provide one at 2:00 pm next Tuesday.
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City of Central Point
City Council Minutes
January 14, 2021
Page 5
We have received inquiries from staff regarding the COVID-19 Vaccine. We will not be
mandating the vaccine when it is available to staff members.
We have been locking the skate park at night and opening it in the mornings. There have
been fewer complaints and issues than before. We will continue to evaluate the situation
and apprise the Council if things change.
We have received a conceptual plan for the Little League fields. He will share it with the
Council in his report.
X. COUNCIL REPORTS
Council Member Kelley Johnson reported that she attended a Fire District board
meeting.
Council Member Melody Thueson reported:
That her family had COVID last week, they are doing fine now.
She attended a School Board meeting. They received funding to help during the
pandemic which will help with Technical upgrades and Bond projects. Teachers will be
getting invited to take the COVID vaccine after July 23rd. They are interviewing for a new
superintendent next year.
Council Member Rob Hernadez reported:
He attended the meeting with New County Commissioner Dave Dotterrer.
He attended the Reed Medical Building tour.
He attended the SOREDI Meeting.
He is participating in the Fire District 3 Strategic Planning process, they plan to work on
greenway access.
Council Member Taneea Browning reported that:
the new year should be fun she has been attending Medford Water Commission
meetings.
She has attended three LOC meetings. They have been discussing the Leagues
priorities.
She was able to tour the Boes Creekside property and the Reed Medical Center.
Council Member Neil Olsen reported that:
He has received his first dose of the vaccine.
He attended the Cahoots meeting introducing the idea to Jackson County.
Council Member Mike Parsons reported that:
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City of Central Point
City Council Minutes
January 14, 2021
Page 6
He attended the RVSS virtual meeting.
He has been engaged in the Meadows Community.
He is encouraging people to support our Police Department in the Polar Plunge.
XI. DEPARTMENT REPORTS
Police Chief Kris Allison reported that:
She attended zoom meeting for the Mobile Crisis for Jackson County. More will come to
the council at the next meeting.
She attended a zoom meeting with local chiefs for tactical planning for the Presidential
Inauguration Day on January 20th to make sure we have enough help on if there are any
issues.
The Department was able to take vaccines 2 weeks ago.
The Central Point Police Department will participate in the virtual Polar Plunge, it raises
funds for special Olympics.
Parks and Recreation Director Matt Samitore reported that:
The Skate Board Park opens at 8 am and closes at 5 pm. We will re-evaluate in
February and return to Council with recommendations.
The Paff Park Restroom is popular with the homeless community and they continue to
break in and destroy the facility. We will be installing a more elaborate locking system
like you would see in the bigger cities.
The Boes Park clean-up is now complete, they did a great job cleaning out the
blackberries, we will be looking at planting shrubs and trees that are local to the area.
Jackson County expo will be using it as a mass evacuation site if needed.
The Public Works Operations center is to go before the Planning Commission in the next
few months, prices are going way up so we may need to do the project in phases. They
do expect the prices to go back down later in 2021.
Finance Director Steve Weber reported that:
We have a Public Works Corporation yard call set up for next week with our financial
management group to help with the funds to start the project.
the C.A.R.E.S. act funding is completely spent and the reimbursement statement goes to
the state next week.
They have been working on the budget calendar. He has called Eden Foster to explain
the Budget Committee process and hopefully she can be appointed before the process
begins.
Human Resources Director Elizabeth Simas reported that:
She has been working on the policies related to COVID-19.
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Packet Pg. 8 Minutes Acceptance: Minutes of Jan 14, 2021 7:00 PM (CONSENT AGENDA)
City of Central Point
City Council Minutes
January 14, 2021
Page 7
We will not be able to have an employee recognition breakfast this year due to COVID
but we will do a recognition in a different form.
She has been working on year-end tasks and advertising for openings for an Officer and
Public Works Lead position.
City Attorney Sydnee Dreyer and IT Director Jason Richmond had no reports.
XII. ADJOURNMENT
Neil Olsen moved to adjourn, all said "aye" and the meeting was adjourned at 8:16 p.m.
The foregoing minutes of the January 14, 2021, Council meeting were approved by the City
Council at its meeting of _________________, 2021.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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Packet Pg. 9 Minutes Acceptance: Minutes of Jan 14, 2021 7:00 PM (CONSENT AGENDA)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: January 28, 2021
SUBJECT: 2021 Arbor Day Week Proclamation
ACTION REQUIRED:
Motion
Consent Agenda Item
RECOMMENDATION:
Purpose: The proclamation illustrates the value of tree awareness and of Arbor Week in
Central Point.
Background: To qualify as a Tree City USA community, a town or city must meet the
required standards established by The Arbor Day Foundation and the National
Association of State Foresters. The standards help to ensure that every qualifying
community, no matter the size, has a viable tree management plan which includes the
celebration of Arbor Week. In addition to accomplishing Tree City USA goals,
establishing an Arbor Week celebration will help to raise awareness of the importance of
trees in Central Point, expand the tree canopy by planting additional trees, and enhance
the parks and open spaces where the trees are planted.
Recommendation: Approve the Arbor Week proclamation and join Central Point Parks and
Recreation Department in celebration of Arbor Week: April 4th - 10th, 2021.
ATTACHMENTS:
1. ARBOR WEEK PROCLAMATION 2021
5.B
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ARBOR WEEK PROCLAMATION
WHEREAS, J. Sterling Morton proposed to the Nebraska Board of Agriculture in
1872 that a special day be set aside for the planting of trees; and
WHEREAS, Arbor Day was first observed with the planting of more than a million
trees in Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of topsoil by wind and water, reduce
heating and cooling costs, moderate the temperature, clean the air,
produce oxygen, strengthen stream bank integrity, provide flood
mitigation, and provide a habitat for wildlife; and
WHEREAS, trees are a renewable resource that provides paper, wood, fuel for our
fires, and countless other wood products; and
WHEREAS, trees in our city increase property values, enhance the economic
vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and spiritual
renewal,
NOW, THEREFORE, I __________________________________ Mayor of the city of Central Point,
do hereby proclaim April 4th – 10th, 2021 as
Arbor Week
in the City of Central Point, and I urge all citizen to celebrate Arbor
Week and to support efforts to protect our trees and woodland and
Futher, I urge all citizens to plant and care for trees to gladden the heart and
promote the well-being of this and future generations.
Date this ______________ Day of ___________________ in the Year __________________
Mayor _______________________________________
5.B.a
Packet Pg. 11 Attachment: ARBOR WEEK PROCLAMATION 2021 (1375 : Arbor Day Week Proclamation)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: January 28, 2021
SUBJECT: OLCC Change of Ownership - Colvin Oil, LLC
ACTION REQUIRED:
Motion
Consent Agenda Item
RECOMMENDATION:
The City has received an OLCC Change of Ownership application. This is for the Chevron on
Pine Street located at 1510 E. Pine Street.
The Central Point Police Department has done a back ground check and found no significant
issues.
ATTACHMENTS:
1. OLCC PD Letter
2. OLCC App - Colvin Oil short form
5.C
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5.C.a
Packet Pg. 13 Attachment: OLCC PD Letter (1378 : OLCC Change of Ownership - Colvin Oil, LLC)
@ OREGON LIQUOR CONTROI- COMMISSION
HqUOR LICENSE APPLICATION
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tima). Application is bcing madefon
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for the licen5e{s):
Colvin Oil l, LLC
{Applicant f1}(Applicantl,2)
Ucense Applied For:CITY.AND COUNW USE ONLY
Date application received and/or date stamp:
Name of City or County
Recommends this license be:
D Granted [] Denled
Date:
1st Location
2nd Location
3rd Locatlon
House 1st Location
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(Applicant tt3)(Applicant#4)
3. Trade Nanre of the Business (Nanre Custorners Will See)
GP Energy #31 17
4. Buriness Address (Number and Street Address of the Location that will have the liquor license)
1510 E. Pine St
City
Central Point
County
Jackson
Zip Code
97542
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5.C.b
Packet Pg. 14 Attachment: OLCC App - Colvin Oil short form (1378 : OLCC Change of Ownership - Colvin Oil, LLC)
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5.C.b
Packet Pg. 15 Attachment: OLCC App - Colvin Oil short form (1378 : OLCC Change of Ownership - Colvin Oil, LLC)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: January 28, 2021
SUBJECT: First Reading - An Ordinance Amending in Part Central Point Municipal
Code Chapter 8.08.010 Weed Abatement
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
In February 2019 the City of Central Point amended its weed abatement ordinance in an effort
to provide additional tools to reduce fire hazards. In particular, the ordinance designated a fire
season to more easily inform city residents when fire restrictions automatically go into place,
allowed identification of fire hazards outside the regular fire season, and streamlined the
notification process. The code also contained discretionary provisions for fire breaks on larger
parcels.
In enforcing the weed abatement ordinance, staff has determined that it would be in the public
interest to designate the start of fire season on May 1 rather than June 1 given that fire seasons
are becoming longer, and hotter, and to ensure that fire hazards are removed by the time fire
risk becomes significant. By starting the season May 1, rather than June 1, it will allow City staff
to notify property owners of the need to reduce weeds and other vegetation before the risk
becomes significant. Additionally, staff proposes ending fire season two-weeks later, to
November 15, given that fire seasons are more consistently extending into the month of
November. In addition, staff recommends mandating firebreaks on properties more than 1-acre
in size. Under the prior ordinance, this provision was discretionary.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
The proposed amendments provide a legal, streamlined, process that offers additional
resources for City Staff when confronting weed abatement related issues.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
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STAFF RECOMMENDATION:
Staff is recommending approval of the first reading of the proposed amendments.
RECOMMENDED MOTION:
I move to approve the first reading of an ordinance amending in part Central Point Municipal
Code Chapter 8.08.010 Weed Abatement.
ATTACHMENTS:
1. Ord Amending Ch 8.08 Weed Abatement
8.A
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______________________________________________________________________________
1 | Ordinance No. _____; January 28, 2021
ORDINANCE NO. _____
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE
CHAPTER 8.08.010 WEED ABATEMENT
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time make revisions to its municipal code which shall become part of the
overall document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to description of a nuisance is necessary to
address the increased threat from fires. In particular, fire seasons are
starting earlier and ending later, and City staff requires additional tools to
limit fire danger resulting from overgrown vegetation.
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 8.08.010 is amended in part as set forth below and incorporated
herein by reference.
8.08.010 Nuisance described--Offense punishable.
A. Except as provided in subsection C of this section, it shall be unlawful and a public
nuisance for any owner or occupant of real property in Central Point to allow grass,
weeds, brush or bushes or any like vegetation over a height of ten inches to remain
upon such real property during the period from June May 1st to October 31st
November 15th in each calendar year, or at any other time prior to June May 1st or
after October 31st November 15th, if the city manager or his designee determines that
such growth constitutes a fire hazard. In the event the city manager or his designee
determines there exists a fire hazard prior to June May 1st or after October 31st
November 15th, the owner or occupant shall be notified in writing as provided in the
notice provisions of Section 8.08.020(B).
1. Properties Less Than One Acre in Size. Weeds and grass on the entire property
shall be disked, cut or removed.
2. Properties More Than One Acre in Size. Firebreaks may shall be required by
the city in addition to clearing the entire parcel. In such event, Such firebreaks
shall consist of a minimum thirty-foot-wide firebreaks shall be provided around
the perimeter of the property and the area shall be divided into maximum two-and-
one-half acre parcels with minimum thirty-foot-wide cross-breaks. In addition, the
city may require a minimum one-hundred-foot firebreak adjacent to improved
8.A.a
Packet Pg. 18 Attachment: Ord Amending Ch 8.08 Weed Abatement (1371 : Ordinance Amending in Part Chapter 8.08.010 Weed Abatement)
______________________________________________________________________________
2 | Ordinance No. _____; January 28, 2021
subdivisions/properties. (Road width may be considered part of the one-hundred-
foot firebreak.)
3. Unmaintained Agricultural Properties. Minimum thirty-foot-wide firebreaks shall
be maintained along the perimeter from the edge of road. In addition, minimum
one-hundred-foot-wide firebreaks adjacent to improved subdivisions/properties.
(Road width may be considered part of the one-hundred-foot firebreak.)
4. Improved Subdivisions (Streets In But Structures Not Yet Built). Each lot is
required by ordinance to be cut.
5. Structures in Hillside Areas. Minimum one-hundred-foot firebreaks (defensible
space) shall be provided around the perimeter of the structure.
B. Violation of subsection A of this section constitutes a violation.
C. The provisions of subsection A of this section shall not apply to the following:
1. Ornamental shrubs, bushes or other like vegetation maintained and kept in a
landscaped yard or place;
2. Any crop grown and maintained for agricultural purposes;
3. Grass or other like vegetation grown and maintained for pasturage upon
property fenced, zoned and otherwise lawfully used for said purpose; or
4. To any “natural area” within a Central Point public park. As used herein, “natural
area” shall mean any park or portion thereof preserved in its native state and
approved in writing by the Central Point parks department. Prior to approving any
natural area, the Central Point parks department shall solicit and comply with any
order of the Fire Marshal concerning the elimination or reduction of a fire hazard.
D. Each day during which such condition is unlawfully permitted to exist after notice has
been given in the manner prescribed by this chapter is a separate offense punishable in
the manner prescribed by Section 1.16.010; provided, that the condition shall be
deemed a nuisance and, in addition to the foregoing remedy, may be abated by the city
in the manner hereinafter prescribed, and the cost of abatement assessed as a lien
against the property, and subject to foreclosure in the same manner and to the same
effect as in the case of special assessment liens.
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.
8.A.a
Packet Pg. 19 Attachment: Ord Amending Ch 8.08 Weed Abatement (1371 : Ordinance Amending in Part Chapter 8.08.010 Weed Abatement)
______________________________________________________________________________
3 | Ordinance No. _____; January 28, 2021
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 January, 2021.
________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
8.A.a
Packet Pg. 20 Attachment: Ord Amending Ch 8.08 Weed Abatement (1371 : Ordinance Amending in Part Chapter 8.08.010 Weed Abatement)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: January 28, 2021
SUBJECT: Jackson County FD3 Hazardous Vegetation and Combustible Material
Abatement Draft Ordinance
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
The Jackson County Fire District 3 (FD3) Board of Directors is working with partner agencies
and stakeholders to reduce and mitigate the risk caused by devastating wildfire and smoke in
our county. One specific effort includes establishing a County Wide Hazardous Vegetation and
Combustible Materials Ordinance, aiming to reduce and manage hazardous fuels.
The destruction caused by the Penninger and Atlantic Fires in 2018, as well as the recent
Almeda and Obenchain Fires in 2020, serve as too many examples of damaging fires fueled by
unmanaged vegetation. Fire District 3 is confident that a Hazardous Vegetation Ordinance,
coupled with a comprehensive community risk reduction effort, will enlist immediate action
towards responsible vegetation maintenance and abatement of flammable and hazardous
vegetation that poses a threat to our community. Both an ordinance and risk reduction effort will
minimize the dangerous spread of fire, giving our firefighters the best chance at rapid-fire
suppression, thus reducing future losses in our community.
The City of Central Point currently has a weed abatement/hazardous vegetation ordinance. In
fact, on tonight's agenda, we ask City Council to approve minor changes to this ordinance so we
can be prepared for the upcoming 2021 fire season. However, even with our existing ordinance
"on the books," staff recommends that we review Fire District 3's proposal and determine if
Central Point should pursue a similar, more comprehensive/restrictive ordinance.
For comparative and informational purposes, FD3 has provided the following for your review (all
attached to this report):
1. A matrix that offers basic information on current weed abatement/hazardous vegetation
ordinance throughout Jackson County.
2. A series of Oregon Department of Forestry (ODF) (pursuant to Oregon Administrative
Rules (OAR)) which apply to their draft ordinance.
3. A draft Hazardous Vegetation and Combustible Materials Ordinance.
9.B
Packet Pg. 21
FINANCIAL ANALYSIS:
The City of Central Point currently dedicates a specific amount of personnel and resources to
our weed abatement program. Although this program does not generate significant revenue, a
more restrictive ordinance/program would likely increase the personnel and resources
necessary to effectively coordinate the program.
Throughout the City, property owners are required to meet the standards established in our
weed abatement/hazardous vegetation ordinance. As those standards increase in scope,
property owners' costs of maintenance will increase proportionally.
LEGAL ANALYSIS:
Future amendments to the City's weed abatement/hazardous vegetation ordinance will require
review from the City's legal counsel.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
2040 City of Central Point Strategic Plan – Strategic Priority – Responsible Governance.
GOAL 6 - Prepare as a resilient city with the capabilities required across the whole community
to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that
pose the greatest risk.
STAFF RECOMMENDATION:
Staff is recommending that City Council have a general discussion about whether they would
like to support or pursue FD3's draft hazardous vegetation and combustible material ordinance.
RECOMMENDED MOTION:
A motion is not recommended at this time.
ATTACHMENTS:
1. FD3 Informational Resources - Draft Vegetation Ordinance
9.B
Packet Pg. 22
Fire District 3
8383 Agate Road White City, OR 97503-1075
(541) 826-7100 (Office)
(541) 826-4566 (Fax)
www.jcfd3.com
December 17, 2020
To: Jackson County Commissioners
10 S Oakdale Avenue
Medford, OR 97501
The Jackson County Fire District 3 Board of Directors appreciates the energy and efforts of the Jackson County
Commission towards the reduction and mitigation of the risk caused by devastating wildfire and smoke in our
county. Your efforts have undoubtedly raised awareness of the impacts fire and smoke have our patrons. There
is an action we can take today, as a community, and this is to manage and reduce the hazardous fuels in our
county through the establishment of a Hazardous Vegetation Ordinance in Jackson County.
The destruction caused by the Penninger and Atlantic Fires in 2018, as well as the recent Almeda and Obenchain
Fires in 2020 serve as too many examples of damaging fires fueled by unmanaged vegetation. We are confident
that a Hazardous Vegetation Ordinance, coupled with a comprehensive community risk reduction effort, will
enlist immediate action towards responsible vegetation maintenance and abatement of flammable and hazardous
vegetation that pose a threat to our community. Both an ordinance and risk reduction effort will minimize the
dangerous spread of fire, giving our firefighters the best chance at rapid fire suppression, thus reducing loss in our
community.
For these reasons and many more, the Board of Directors of Jackson County Fire District 3 fully support the
proposed Hazardous Vegetation Ordinance endorsed by the Rogue Valley Fire Chiefs’ Association.
Robert B. Horton, Fire Chief
Harvey Tonn, Board President
Stephen Shafer, Board Vice President
John Dimick, Board Secretary/Treasurer
William Leavens, Board Director
Cynthia Hauser, Board Director
9.B.a
Packet Pg. 23 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3 Hazardous Begetation and Combustible
Weed abatement ordinances Jackson County crosswalk
Period HV Max Height
< 1 Acre > 1 Acre Larger parcels / Other provisions Exemptions Applicability Summary Abatement Provisions
Appeal Process Enforced by
Ashland
Municipal Code Chapter
9.04
May 15 – Sep 30 –or- EFS
4 inches Mow/remove all HV
Not otherwise specifically addressed
Agriculture; residential landscaping;
wetlands; upland
native; or otherwise protected
Noxious vegetation, prohibited
flammable
plants, Weeds as defined
Yes. 10 days after notice to owner. Yes, within 10 days of first notice
Code Compliance Officer
Central Point
Ordinance 2051
June 1 – Oct 31 or
otherwise
designated
10 inches Entire property
shall be
disked, cut or removed
All removed –or- 30 foot firebreaks
may be
acceptable, divided into max 2.5 acre parcels
Unmaintained agricultural- 30’ fuel breaks from edge of
road, 100’ adjacent to
improved properties. Improved subdivisions- (streets but no structures)
each lot to be cut. Hillsides-
100’ firebreak around structure.
Maintained landscaping,
Agriculture,
pasture, Natural areas as defined.
Grass, weeds, brush
or bushes or
any like vegetation over 10
inches in
height
Yes if compliance is not gained
within 15 days of
specific notice.
Yes, within 10 days of
first notice.
See section C.
Code Enforcement Officer
Eagle Point Municipal Code 8.16
June 1- Oct 31 or otherwise
designated
10 inches Entire property shall be
disked,
cut or removed.
Firebreaks may be required in addition to
clearing the entire
parcel
Improved subdivisions, Structures in Hillside Areas Maintained landscaping, Agriculture,
Pasture, Natural
areas as defined.
Grass, weeds, brush or bushes or
any like
vegetation over a height of 10 inches
Yes if compliance is not gained within 15 days of
specific notice.
Yes, within 10 days of first notice.
Chief of Police, Code Enforcement Officer
Medford Municipal Code 7.410
May 1- Sep 30
10 inches
All…shall be
disked,
cut or
removed
All removed –or- 30 foot firebreaks
may be
acceptable,
divided into max 2.5 acre parcels
Unmaintained agricultural- 30’ fuel breaks from edge of
road, 100’ adjacent to
improved properties.
Improved subdivisions- (streets but no structures) each lot to be cut. Wildfire
Hazard Zones- 100’
firebreak around structure.
Agriculture, Maintained
landscaped yard
ornamental shrubs,
bushes; Natural areas as defined
Dead or dry grass/weeds/
brush/bushe
s/vegetation
over a height of 10 inches
Yes. 30 days after publication
and/or 15 days
after specific
notification
Yes, within 10 days of
specific
notice.
City Manager, Officer designated by City
County
DRAFT
May 1-
October 31 or Until
EFS
10
inches
All…shall
be disked, cut or
removed
All removed –or-
30 foot firebreaks may be acceptable,
divided into max
2.5 acre parcels
Unmaintained agricultural-
30’ fuel breaks from edge of road, 100’ adjacent to improved properties.
Improved subdivisions-
(streets but no structures) each lot to be cut. Wildfire Hazard Zones- 100’
firebreak around structure.
Agriculture,
Managed and maintained, Natural areas as defined
Hazardous
Vegetation and Hazardous
Combustible
Materials as defined
Yes Yes, within
15 calendar days of notice.
Designated
Enforcement Officer
ODF
(SB360)
ORS 477 OAR 629
629-044-1060 thru 1085
See attached
Period- Calendar period when rules apply
HV- Hazardous Vegetation
EFS- End of Fire Season as declared by District Forester
9.B.a
Packet Pg. 24 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3
Weed abatement ordinances Jackson County crosswalk
ODF Rules
Requirements based upon Wildfire Hazard Zone classification pursuant to OAR 629-044-0220 thru 0260
629-044-1090 Apparent Conflicts With Standards
Pursuant to ORS 477.023:
(1) The standards set forth in OAR 629-044-1060 to 629-044-1085 do not supercede or replace any federal law or regulation, any other state agency law or
regulation, or any more restrictive local government ordinance or code.
(2) Apparent conflicts with other laws and regulations, for which the forester is responsible and has jurisdiction, shall be resolved within the scope of the
forester’s authority and documented, as provided in OAR 629-044-1070 or 629-044-1080.
(3) Compliance with OAR 629-044-1070 to 629-044-1080 does not relieve the owner of the requirements of any other law or regulation which applies to the
lands in question.
629-044-1000
Wildland-Urban Interface — Purpose
(1) The purpose of OAR 629-044-1000 to 629-044-1110 is to implement the provisions of ORS 477.015 to 477.061, the Oregon Forestland-Urban Interface Fire
Protection Act of 1997.
(2) The purpose of OAR 629-044-1010 to 629-044-1045 is to set forth the criteria by which the forestland-urban interface shall be identified and classified
pursuant to ORS 477.025 to 477.057.
(3) The purpose of OAR 629-044-1050 to 629-044-1090 is to set forth the standards an owner of land in the forestland-urban interface shall apply pursuant to
ORS 477.059(2).
Definitions
(i) "Fuel break” means a natural or a human-made area immediately adjacent to a structure or to a driveway, where material capable of allowing a wildfire to
spread does not exist or has been cleared, modified, or treated to:
(A) Significantly reduce the rate of spread and the intensity of an advancing wildfire; and
(B) Create an area in which fire suppression operations may more safely occur.
629-044-1020
High Density Extreme Classification
(1)(a) The purpose of the High Density Extreme classification is to identify those lands where vegetation modification around structures alone may not be
sufficient to help protect lives during a wildfire.
(4) When lands are classified by a committee as High Density Extreme, the committee shall also specify which of the following options shall apply to the lands:
(a) Option 1, where fuel breaks shall be provided adjacent to property lines pursuant to OAR 629-044-1075(1);
(b) Option 2, where fuel breaks shall be provided adjacent to roads pursuant to ORS 629-044-1075(2); or
(c) Option 3, where fuel breaks shall be provided adjacent to property lines and to roads pursuant to OAR 629-044-1075(1) and (2).
(5) Written requests received by a committee under subsection (3) of this rule automatically terminate after a period of five years.
9.B.a
Packet Pg. 25 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3
Weed abatement ordinances Jackson County crosswalk
629-044-1050
Purpose And Intent Of Standards
(1) The standards required by OAR 629-044-1055 are designed to minimize or mitigate a wildfire hazard or risk on an owners property which arises due, singly or
in combination, to the presence of structures, to the arrangement or accumulation of vegetative fuels, or to the presence of other wildfire hazards.
(2) It is recognized that owners have a variety of objectives to achieve while applying the standards, including objectives related to aesthetics, dust barriers, fish
and wildlife habitat, gardening, soil stabilization, sound barriers, and visual barriers. It is the intent of the standards to allow owners to meet such objectives,
provided there is no compromise of the standards needed to mitigate wildfire hazards or risks.
(3) The standards are considered to be minimum measures which are intended to improve the survivability of structures during a wildfire, but which will not
guarantee survivability.
629-044-1055
Standards
(1) Owners of lands classified by a committee as Low are not required to comply with the standards, however, they are encouraged to review their individual
situation and to apply those standards which may be appropriate.
(2) Owners of lands classified by a committee as Moderate, High, Extreme, or High Density Extreme shall comply with the standards applicable to their lands. In
meeting this requirement, owners shall apply one or more of the following:
(a) The default standards set forth in OAR 629-044-1060, which are intended for the majority of owners;
(b) The optional standards set forth in OAR 629-044-1065, which are intended for owners who are unable to meet the default standards; or
(c) The alternate standards developed pursuant to OAR 629-044-1070, which are intended for owners who wish to address site specific conditions or
unique situations.
(3) Owners are encouraged to exceed the standards and to apply additional wildfire safety measures
629-044-1060
Default Standards
(1) Where structures exist on lands classified by a committee as Moderate, High, Extreme, or High Density Extreme owners shall:
(a) Provide and maintain primary fuel breaks which comply with the requirements of OAR 629-044-1085 and which are:
(A) Immediately adjacent to structures, for a distance of at least 30 feet, or to the property line, whichever is the shortest distance. The distance
shall be measured along the slope and from the furthest extension of the structure, including attached carports, decks, or eaves.
(B) Immediately adjacent to driveways, for a distance of at least ten feet from the centerline of a driveway, or to the property line, whichever is
the shortest distance. The distance shall be measured along the slope. Including the driving surface, a fuel break shall result in an open area
which is not less than 13 1/2 feet in height and 12 feet in width or to the property line, whichever is the shortest distance.
(b) Provide and maintain secondary fuel breaks which comply with the requirements of OAR 629-044-1085 and which are immediately adjacent to
primary fuel breaks, for the distance necessary to comply with the total fuel break distance specified in Table 2 of this rule, or to the property line,
whichever is the shortest distance. The distance shall be measured along the slope and from the furthest extension of the structure, including attached
carports, decks, or eaves.
(c) Remove any portion of a tree which extends to within 10 feet of the outlet of a structure chimney or a stove pipe;
(d) Maintain the portion of any tree which overhangs a structure substantially free of dead plant material;
(e) Maintain the area under decks substantially free of firewood, stored flammable building material, leaves, needles, and other flammable material; and
(f) During times of the year when wildfire may be a threat, locate firewood, flammable building material, and other similar flammable material:
(A) At least 20 feet away from a structure; or
9.B.a
Packet Pg. 26 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3
Weed abatement ordinances Jackson County crosswalk
(B) In a fully enclosed space.
(2) On all lands classified by a committee as High Density Extreme, owners shall comply with subsection (1) of this rule and with the standards set forth in OAR
629-044-1075.
629-044-1085
Fuel Break Requirements
(1) The purpose of a fuel break is to:
(a) Slow the rate of spread and the intensity of an advancing wildfire; and
(b) Create an area in which fire suppression operations may more safely occur.
(2) A fuel break shall be a natural or a human-made area where material capable of allowing a wildfire to spread:
(a) Does not exist; or
(b) Has been cleared, modified, or treated in such a way that the rate of spread and the intensity of an advancing wildfire will be significantly reduced.
(3) A primary fuel break shall be comprised of one or more of the following:
(a) An area of substantially non-flammable ground cover. Examples include asphalt, bare soil, clover, concrete, green grass, ivy, mulches, rock, succulent
ground cover, or wildflowers.
(b) An area of dry grass which is maintained to an average height of less than four inches.
(c) An area of cut grass, leaves, needles, twigs, and other similar flammable materials, provided such materials do not create a continuous fuel bed and
are in compliance with the intent of subsections (1) and (2) of this rule.
(d) An area of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they are:
(A) Maintained in a green condition;
(B) Maintained substantially free of dead plant material;
(C) Maintained free of ladder fuel;
(D) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and
(E) In compliance with the intent of subsections (1) and (2) of this rule.
(4) A secondary fuel break shall be comprised of single specimens or isolated groupings of ornamental shrubbery, native trees, or other plants, provided they
are:
(a) Maintained in a green condition;
(b) Maintained substantially free of dead plant material;
(c) Maintained free of ladder fuel;
(d) Arranged and maintained in such a way that minimizes the possibility a wildfire can spread to adjacent vegetation; and
(e) In compliance with the intent of subsections (1) and (2) of this rule
629-044-1100
Certification
(1) An owner of lands classified by a committee shall be considered to be certified as meeting the standards set forth in OAR 629-044-1060 to 629-044-1085 if:
(a) They sign and return to the forester an evaluation form provided pursuant to OAR 629-044-1095; or
(b) They use the services of an Accredited Assessor who signs and returns to the forester an evaluation form provided pursuant to OAR 629-044-1095;
and
(c) The evaluation form has not become void pursuant to OAR 629-044-1095(4).
9.B.a
Packet Pg. 27 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3
Weed abatement ordinances Jackson County crosswalk
(2) The forester may make a determination of whether the lands of an owner meet the standards set forth in OAR 629-044-1060 to 629-044-1085 at any time
following the completion and return of an evaluation form provided pursuant to 629-044-1095. Such a determination must be made prior to the occurrence of a
wildfire on an owners tax lot.
(3) If the forester determines that an evaluation form provided pursuant to OAR 629-044-1095 was returned by the owner and that it incorrectly or falsely
indicated the lands meet the standards set forth in 629-044-1060 to 629-044-1085, the owner shall be notified in writing that both the evaluation form and the
certification granted under subsection (1) of this rule will become void on a specified date. In making such a determination, the forester shall:
(a) Not base the determination on technicalities or omissions which, in the sole judgment of the forester, are minor in nature; and
(b) First provide the owner a reasonable time to:
(A) Provide evidence that the property does meet the standards set forth in OAR 629-044-1060 to 629-044-1085; or
(B) Bring their property into compliance with the standards set forth in OAR 629-044-1060 to 629-044-1085.
9.B.a
Packet Pg. 28 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3
Draft V2.2 Language for Hazardous Vegetation Ordinance
Page 1 of 12
Hazardous Vegetation and Combustible Material
Abatement
SECTION 1- PURPOSE
The purpose of this ordinance is to promote public health, safety and welfare of the community by
providing for the removal of hazardous vegetation and unmanaged combustible material from, around
and between the exterior boundaries of land, property and improvements situated in Jackson County so
as to reduce the potential for fire ignition and fire spread.
The County Commissioners make the following findings:
I. It is the intent of the Commission that this ordinance shall apply to the abatement of hazardous
vegetation and unmanaged hazardous combustible material on unimproved and improved
parcels zoned in Jackson County;
II. Jackson County generally has a climate conducive to wildfires and is prone to periodic dry
summers, lightning storms and high wind events. Many of southern Oregon’s native and non-
native plant species are highly flammable during normal dry periods and contribute to significant
wildfires within the County. Increasingly dry summers and severe wind events further exacerbate
the fire danger and have the potential to result in continued catastrophic fire losses to life,
property and the environment;
III. Jackson County has a diverse and complex landscape which includes mountainous areas of forest-
covered lands, brush covered lands, grass-covered lands, and other brush covered wildlands
which are home to many rare and sensitive plant and animal species;
IV. Of paramount importance to the Commission and the residents of Jackson County is the
protection of lives and property from the threat of fire and the safety of firefighters and law
enforcement personnel during fire events;
V. It is the purpose of this ordinance to establish a hazardous vegetation and combustible material
abatement program that protects the lives and property of the residents of Jackson County while
at the same time protecting rare and sensitive plant and animal species and the environment;
VI. The Commission finds that hazardous vegetation and unmanaged combustible material poses a
danger to the health, safety and welfare to the residents in the vicinity of any real property located
throughout the County for the reasons set forth above. Therefore, all hazardous vegetation and
unmanaged combustible material located on real property within Jackson County is deemed a
public nuisance and poses a distinct fire hazard to the safety of the landowners, residents in the
vicinity, emergency operations personnel, rare and sensitive plant species, users of public
highways, and to the public generally.
9.B.a
Packet Pg. 29 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3 Hazardous Begetation and Combustible
Draft V2.2 Language for Hazardous Vegetation Ordinance
Page 2 of 12
SECTION 2- TITLE AND EFFECTIVE DATE
This Ordinance will be officially known as the “Hazardous Vegetation and Combustible Material
Abatement Ordinance of Jackson County, Oregon”. It also may be called the Hazardous Vegetation
Ordinance and is referred to throughout this document as “this Ordinance”. This Ordinance will FIRST
become effective on (Month, Day, Year TBD).
SECTION 3-AUTHORITY
This Ordinance is adopted pursuant to authority granted to Jackson County by Oregon Revised Statutes
(ORS) {insert proper reference}
SECTION 4- EFFECT
The provisions of this Ordinance apply to all land, buildings, structures, and uses thereof within Jackson
County to the extent allowed by federal, state and local laws, including land owned by local, state, or
federal agencies. Nothing in this ordinance shall be construed as preventing any fire protection district or
incorporated city within Jackson County from adopting an ordinance or ordinances, code or rule regulating
hazardous vegetation and combustible material abatement that outline more restrictive regulations, nor
shall anything herein be construed as limiting or releasing the state or the Oregon Department of Forestry
and Office of State Fire Marshal of any responsibility for fire prevention and suppression under the laws
of this state.
This Ordinance is not intended to abrogate any other law, ordinance, regulation, or requirement. Where
conditions, standards, or requirements imposed by any provision of this Ordinance are more restrictive
than comparable standards imposed by any other law, ordinance, or regulation, the provisions of this
Ordinance will govern. Wherever the provisions of any other statute, ordinance, or regulation impose
other standards which are more restrictive than those set forth in this Ordinance, then the provisions of
such statute, ordinance, or regulation will govern.
SECTION 5- SEVERABILITY
This ordinance and the various parts, sections and clauses are hereby declared to be severable. If any part,
sentence, paragraph, section or clause is hereafter adjudged unconstitutional or invalid, the remainder of
this ordinance shall not be affected thereby. The Commission hereby declares that it would have passed
this ordinance and each part thereof, regardless of the fact that one (1) or more parts thereof be
subsequently declared unconstitutional or invalid.
SECTION 6- ENFORCEMENT, INSPECTION AND RIGHT OF ENTRY
6.1 Responsibility for Enforcement
The initiation of specific enforcement is deemed discretionary and not mandatory. Decisions not to initiate
civil action are discretionary in nature and shall be made considering the severity of the alleged violation
and the departmental staff, time and resources necessary to gain compliance.
9.B.a
Packet Pg. 30 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3 Hazardous Begetation and Combustible
Draft V2.2 Language for Hazardous Vegetation Ordinance
Page 3 of 12
6.2 Inspection Authority and Right of Entry
(Insert County authority provisions)
SECTION 7- DEFINITIONS
The following definitions apply to this ordinance:
Abate or Abatement- An act used to remove, destroy, eliminate, seize, impound, or any action taken to
mitigate a public nuisance.
Abatement costs- Any and all costs incurred by the County to abate the hazardous vegetation or
combustible material on any property pursuant to this Ordinance, including physical abatement costs,
administration fees and any additional actual costs incurred for the abatement proceeding, including
attorney's fees, if applicable.
Defensible Space- An area either natural or man-made, where material capable of allowing a fire to spread
unchecked has been treated, cleared or modified to slow the rate and intensity of an advancing wildfire
and to create an area for safe fire suppression operations to occur.
Enforcement Officer- As designated by the Commission, the officer or other designated authority charged
with the administration and enforcement of this ordinance.
Firebreak / Fuelbreak- An area, strategically located for fighting anticipated fires, where hazardous
vegetation has been reduced by mowing, disking, or tilling, permanently modified or replaced so that fires
burning into it can be more easily controlled. Firebreaks divide fire prone areas into smaller areas for
easier fire control and to provide access for firefighting.
Fuelbreak, Primary- The goal within the primary fuelbreak is to remove fuels that will produce flame
lengths in excess of one foot (1’). A minimum 50 foot (50’) primary fuelbreak is required for all lands
identified as a wildfire hazard. Vegetation within the primary fuelbreak may include grass maintained at
less than six inches (6”) in height and low fuel volume, fire resistant shrubs. Highly combustible shrubbery,
such as juniper, is prohibited. Trees will be horizontally spaced with more than 15 feet (15’) between the
trunks, and will be pruned to remove branches that are dead or that are less than 10 vertical feet (10’), or
one-third (1/3) the height of the tree whichever is less, above the ground. A 10 foot (10’) clearance
between branches and stove pipes or chimney outlets must be maintained. Deciduous tree branches must
be no closer than 10 feet (10’) from the roof; evergreen branches must be no closer than 25 feet (25’)
from the roof. Accumulated leaves, needles, limbs and other dead vegetation must be removed.
Flammable groundcover materials (e.g., bark mulch) may not be used in landscaping within 12 inches (12”)
of buildings.
Fuelbreak, Secondary- The goal of the secondary fuelbreak is to reduce fuels so that the overall intensity
of a wildfire will be lessened and the likelihood of crown fires and crowning is reduced. A minimum 50
foot (50’) secondary fuelbreak is required which extends in all directions around the primary fuelbreak.
An additional 50 feet (50’), for a total of 100 feet (100’), will be added to the secondary fuelbreak when
9.B.a
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the natural slope of the area within 100 feet (100’) of the proposed structure exceeds 20 percent (20%).
This additional 50 feet (50’) will be added to the area below and to each side of the proposed structure.
Trees will be spaced with more than 15 horizontal feet (15’) between the trunks, and will be pruned to
remove branches that are dead or that are less than 10 vertical feet (10’) or one-third (1/3) the height of
the tree whichever is less, above the ground. Ornamental and fruit trees are excluded from the spacing
standards, provided they are kept green and free of dead material. Small trees and brush growing
underneath larger trees should be removed. Dead plant material must be removed, which includes
pruning dead branches from trees and shrubs. Understory vegetation may include grass or groundcover
maintained at less than 12 inches (12”) in height and be of low fuel volume, fire resistant shrubs (see the
User’s Guide for drought and fire resistant landscape materials).
Fire Chief- The Fire Chief of any city or fire district in Jackson County or his/her/their designated
representative.
Fire Protection Plan- A document prepared by the owner and approved by the local fire chief for a specific
natural area that describes ways to minimize and mitigate the fire problems created, posed or presented
by the natural area. The purpose of the fire protection plan is to reduce the impact on the communities’
fire protection delivery system and to minimize the propagation of wildfires.
Hazardous Vegetation- Any unmanaged flammable vegetation taller than ten inches (10”) in height that
endangers the public safety by creating a fire ignition and propagation hazard. Hazardous vegetation
includes but is not limited to: grass, weeds, brush, dead/dying trees and branches, invasive persistent
blackberries, star thistle, bull thistle, buck brush, scrub oak, woody stubble, brush, etc.
Hazardous Combustible Material- Any unmanaged combustible material that is susceptible to flaming
combustion and in the opinion of the enforcing officer endangers the public safety by creating a fire hazard
or allowing propagation of a hostile fire, including but not limited to: woody debris, tires, construction
material, dilapidated or collapsed structures, paper, rubber, plastic, rubbish, litter or combustible material
of any kind not otherwise defined as hazardous vegetation.
Improved Parcel- A portion of land of any size, the area of which is determined by the assessor's maps
and records and may be identified by an assessor's parcel number upon which a structure is located.
Natural Area- Any parcel or portion thereof specifically and officially designated, legally protected to be
preserved in its native state including riparian areas.
Occupant- Any person in lawful possession, or with a lawful right to store or keep personal property on,
any real property or, in case of corporate ownership, that officer, employee, or agent of a corporate owner
having the authority or duty to control or operate the property on behalf of the corporation.
Owner- Any person with an ownership interest or with any leasehold or other possessory interest, of
record or otherwise, which gives them, either alone or jointly with others, a right to occupy, possess, or
control real property. In any event, any person who appears as owner on the records of the county
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assessor shall be presumed to be one of the owners of the property, but such presumption may be
rebutted.
Person- Any natural person, partnership, corporation or other legal entity.
Structure- Any dwelling, house, building or other type of flammable construction including, but not limited
to, a wood fence attached to or near any other structure.
Unmanaged- Disorderly, haphazard, an arrangement of materials difficult to protect from fire or difficult
to suppress when on fire.
Unimproved Parcel- A portion of land of any size, the area of which is determined by the assessor's maps
and records and may be identified by an assessor's parcel number upon which no structure is located.
SECTION 8- HAZARD DESCRIBED, OFFENSE PUNISHABLE
I. Except as provided in Subsection II hereof, or as otherwise specifically outlined in another
section, it shall be unlawful for any owner or occupant of an improved or unimproved parcel to
allow hazardous vegetation over a height of ten inches (10”) or any accumulation of unmanaged
hazardous combustible material to remain upon such parcel during the period May 1 to October
31, or until the declared end of fire season whichever is later, in any calendar year, or at any
other time that the Enforcement Officer, Fire Chief or the Fire Chief’s designee determines such
growth or accumulation constitutes a fire hazard;
II. The provisions of this ordinance shall not apply to the following:
a. Ornamental shrubs, bushes, or other like vegetation maintained, managed and kept in a
non-hazardous condition as part of a regularly maintained park, landscaped yard, or
place;
b. Any crop grown, managed and maintained for agricultural purposes, or grass or other
like vegetation grown and maintained for pasturage upon property that is fenced,
zoned, and otherwise lawfully used for said purpose;
c. Designated natural areas having an approved fire protection plan in place;
d. Combustible material accumulation that, in the opinion of the Enforcement Officer, is
managed in an appropriate manner so as not to constitute a hazardous fire condition;
III. Each day the owner or occupant unlawfully allows such a condition to exist after notice has
been given in the manner prescribed herein shall be deemed a separate offense punishable in
the manner prescribed; provided that the condition shall be deemed a nuisance and, in addition
to the foregoing remedy, may be abated by the county in the manner hereinafter prescribed,
and the cost of abatement assessed as a lien against the property and subject to foreclosure in
the same manner and to the same effect as in the case of special benefit assessment liens.
9.B.a
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SECTION 9- SUMMARY ABATEMENT
Without prior notice or hearing and in addition to the authority granted by law to the local Fire Chief in
exigent situations, the fire chief or his/her/their representative is authorized to enter upon all real
property and summarily abate any hazardous condition identified in Section 8 that, in the opinion of the
local Fire Chief, constitutes an immediate threat to public health or safety.
SECTION 10- DUTY TO ABATE HAZARDOUS VEGETATION AND MATERIAL
I. General Duty- It shall be the general duty of every owner, occupant, and person in control of
any improved or unimproved parcel of land or interest holder thereof, which is located in
Jackson County to abate therefrom, and from all parcels, roadways and parkways, all
hazardous vegetation and unmanaged combustible material thereon;
II. Specific notice- Upon receipt of a specific notice of violation or an order to abate, as discussed
in Section 12, it shall be the duty of every owner, occupant, and person in control of any
improved or unimproved parcel of land or interest holder thereof, which is located in Jackson
County to abate therefrom, and from all parcels, roadways and parkways, all hazardous
vegetation and unmanaged hazardous combustible material that, in the opinion of the
Enforcement Officer constitutes a fire hazard which may endanger or damage property
pursuant to the requirements of the notice of violation or order to abate as issued. The
removal of hazardous vegetation and hazardous combustible materials pursuant to this
ordinance shall not be required to exceed the specifics as set forth in the notice of violation
or order to abate.
SECTION 11- HAZARD ABATEMENT REQUIREMENTS
I. On the notice of violation and order to abate, for the protection of public health, safety or welfare
or the environment, the Enforcement Officer may require more clearance distance than herein
specified;
II. The determination for appropriate clearance distances will be made based upon a visual
inspection of the parcel and shall consider all factors that place the property, structures, or
adjoining property or structure(s) at risk from an approaching fire. These factors shall include local
weather conditions, fuel type(s), topography, and the environment where the property or
adjoining structure(s) is located;
III. The following guidelines shall be used for mitigation requirements, unless as otherwise approved
by the Enforcement Officer.
11.1 Parcels up to one acre in size
All hazardous vegetation shall be thoroughly turned under the soil, disked, mown, cut, and/or removed.
All unmanaged hazardous combustible material shall be removed.
9.B.a
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11.2 Parcels larger than one acre but smaller than five acres
I. All hazardous vegetation shall be thoroughly turned under the soil, disked, mown, cut, and/or
removed. All unmanaged hazardous combustible material shall be removed.
II. Firebreaks may be considered acceptable as an alternative to clearing the entire parcel.
Minimum 30 foot (30’) wide firebreaks shall be provided around the perimeter of the property
and the area shall be divided into maximum two-and-one-half (2.5) acre pieces with minimum
30 foot (30’) wide cross-wise fire breaks. In addition, minimum 100 foot (100’) wide firebreaks
are required adjacent to improved subdivisions/properties.
11.3 Parcels larger than five acres but smaller than twenty acres
I. All hazardous vegetation shall be thoroughly turned under the soil, disked, mown, cut, and/or
removed. All unmanaged hazardous combustible material shall be removed.
II. Firebreaks may be considered acceptable as an alternative to clearing the entire parcel.
Minimum 30 (30’) foot wide firebreaks shall be provided around the perimeter of the property.
The remaining area shall be divided into maximum five (5) acre parcels with minimum 30 foot
(30’) wide cross-wise fire breaks. In addition, minimum 100 foot (100’) wide firebreaks are
required adjacent to improved subdivisions/properties.
11.4 Parcels larger than 20 acres
I. Minimum 30 foot (30’) wide firebreaks shall be provided around the perimeter of the property.
11.5 Residential subdivisions
Subdivisions, including those with paved streets and not fully built out, all hazardous vegetation and
unmanaged combustible material posing a fire hazard shall be disked, cut, or removed from each and
every individual lot.
11.6 Parcels located in a designated wildfire hazard zone
Notwithstanding Jackson County Land Development Ordinance (LDO) Section 8.7 regarding wildfire
safety, this section contains mandatory standards for all new and existing structures not exempted
through LDO Section 8.7.2. The official version of the “Hazardous Wildfire Area Map” will be maintained
by the Planning Division. (OAR 660-006-0035, 40).
In addition to the requirements set forth in this ordinance Sections 10.1-10.4, the following measures shall
be in place:
I. Minimum 30 foot (30’) wide firebreaks shall be provided around the perimeter of the property.
Trees will be spaced with more than 15 horizontal feet (15’) between the trunks, and will be
pruned to remove branches that are dead or that are less than 10 vertical feet (10’) above the
ground, or on-third (1/3) the height of the tree whichever is less. Ornamental and fruit trees are
excluded from the spacing standards, provided they are kept green and free of dead material.
Small trees and brush growing underneath larger trees should be removed. Dead plant material
must be removed, which includes pruning dead branches from trees and shrubs. Understory
9.B.a
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vegetation may include grass or groundcover maintained at less than 12 inches in height and low
fuel volume, fire resistant shrubs.
II. Improved parcels:
a. Remove any and all dead/dying vegetation from the property;
b. Remove all tree limbs within six feet (6') of the ground, or one-third (1/3) the height of
the tree, whichever is less;
c. Provide and maintain a minimum 50 foot (50’) primary fuelbreak from all structures.
d. Provide and maintain a minimum 50 foot (50’) secondary fuelbreak from all residential
structures;
e. Non-habitable structures less than four hundred (400) square feet in size, which are not
located in a forest zoning district, are exempt from the wildfire safety requirements of
Section 11.6(II)(c&d);
f. All shrubs shall be maintained in a non-hazardous condition;
g. Climbing vines must be removed from trees and structures or maintained in a non-
hazardous condition;
h. Additional defensible space may be required depending on the property slope, fuel load
and/or fuel type;
i. In accordance with LDO Section 8.7.1(D) Access- For purposes of public safety, access will
be constructed to the standards of LDO Section 9.5.3, 9.5.4, or 9.5.5 whichever is
applicable. A fuelbreak shall be required along private accessways including driveways,
private roads, and private access easements in accordance with Section 8.7.1(B)(1) except
that the fuelbreak shall be allowed to be a minimum of twenty-two feet (22’) in width,
which includes the driving surface. If the property line or an easement boundary used for
driveway access purposes is within five feet (5’) of the edge of the driveway surface, the
fuelbreak need only be developed within the property or access easement;
j. Remove all portions of trees within ten feet (10') of chimney and/or stovepipe outlets;
III. For unimproved parcels:
a. Hazardous vegetation and other combustible growth within ten feet (10’) of neighboring
structures and roadway frontage shall be removed;
b. Grass and combustible surface vegetation within ten feet (10') of neighboring structures
and roadway frontage must be trimmed to less than ten inches (10") in height unless
necessary for erosion control;
c. All trees within ten feet (10') of neighboring structures and roadway frontage must have
limbs pruned to at least six feet (6') above grade; and
d. Unmanaged combustible material shall be removed from the property.
SECTION 12- ABATEMENT ENFORCEMENT PROCEDURE
12.1 General Notification and Specific Notice of Violation
I. General Notification
a. Whenever a condition prohibited by this ordinance is found to exist, the Enforcement
Officer may give general notice to abate the hazard(s) within fifteen (15) calendar days to
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the owners and occupants of the property by hand delivery or by causing same to be sent
by mail to such persons as are sought to be charged hereunder at their last known
address, or, if the mailing address of any owner or occupant is not otherwise known, it
shall be sufficient for the charging of such person that the notice be addressed and sent
in care of the person appearing as owner on the records of the county assessor of Jackson
County, Oregon;
b. If the address is unknown, that fact shall be so stated and the notice shall be addressed
to the person at the county seat;
c. Service by mail shall be deemed complete at the time of deposit in the U.S. mail. The
failure of any person in possession or owner of the property to receive such notice shall
not affect the validity of these proceedings;
II. Specific Notice of Violation and Order to Abate Hazard
If the Enforcement Officer determines that any real property is being maintained or permitted to exist
in a manner prohibited by this ordinance, the Enforcement Officer shall issue a written notice to the
property owner and any known person in possession of the property, of the violation and order the
hazardous vegetation or hazardous combustible material to be immediately abated. The notice of
violation and order to abate ("notice/order") shall identify the specific hazard(s) and outline those
corrective actions required to be taken and order the property owners and persons in possession to
abate the noted hazard(s) within fifteen (15) calendar days and state that the failure to bring the real
property into compliance with this ordinance could subject the owner or persons in possession to
civil, administrative and criminal penalties. Furthermore, the notice/order shall provide the property
owner and person in possession of the property the opportunity to appear before the Hearings Officer
and be heard prior to the county forcing abatement action. The failure of the notice to set forth all
required contents shall not affect the validity of the abatement proceedings.
12.2 Appeals
I. Request for Hearing- Any person who wishes to argue the notice/order may appeal to a Hearings
Officer;
a. The request for a hearing must be made in writing and submitted to the original
Enforcement Officer or designated Hearings Officer within fifteen (15) calendar days of
hand delivery or the postmark on the original notice/order. Timely appeal shall stay any
further action, except for summary abatement outlined in Section 8, for general
abatement until the date is set for a hearing;
b. If no request for a hearing is timely made, the abatement of hazardous condition shall be
deemed to have been properly ordered as of the date of hand delivery or the postmark
of the original notice/order.
II. Hearings- Upon timely written request by the original recipient of the notice/order, a hearing
shall be scheduled with the Hearings Officer and notice thereof mailed or otherwise delivered to
the requesting person at least fifteen (15) calendar days before the scheduled hearing. The failure
of any owner or occupant to receive such notice shall not affect the validity of the proceedings;
9.B.a
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a. At the time fixed in the notice of hearing, the Hearings Officer shall receive evidence from
the Enforcement Officer and the owner or person in possession of the real property in
violation, or their representatives and any other concerned persons who may desire to
present oral or documentary evidence regarding the conditions of the real property or
other relevant matter, if such persons are present at the hearing. In conducting the
hearing, the Hearings Officer shall not be limited by the technical rules of evidence.
Failure of the owner or person in possession to appear shall not affect the validity of the
proceedings or order issued thereby;
b. Upon conclusion of the hearing, the Hearings Officer shall make a decision and in the event
they so conclude, may declare the conditions on the real property to be in violation of
this ordinance and to constitute a hazardous condition. The Hearings Officer may direct
the owner or person in possession to abate the hazardous vegetation or hazardous
combustible material within ten (10) business days after mailing and posting of the
Hearings Officer's decision. The order shall include notice that if the hazardous vegetation
or combustible material is not abated as directed and within ten (10) business days, the
county may abate the hazardous vegetation or combustible material and the abatement
costs shall be a lien and an assessment against the real property;
c. The Hearings Officer may grant any extension of time to abate such conditions that they
may deem justifiable upon good cause being shown.
12.3 County Initiated Hazard Abatement
I. If, at the end of the time allowed for compliance in the original notice/order compliance has not
been accomplished as directed, the county may order the hazardous vegetation or hazardous
combustible material to be removed by county officials or employees, or may cause the removal
to be carried out by a private contractor selected by the county;
a. Abatement Cost Recovery. The owner and any person in possession of the real property
upon which the hazardous vegetation or hazardous combustible material is found to exist
shall be jointly and severally liable for all abatement costs incurred by county without any
further hearing;
b. Notice of Abatement Costs. At the conclusion of the abatement by the county or
designee, the county shall issue a bill setting forth the abatement costs to the owner and
person in possession of the real property. The bill shall demand payment to the county
the total abatement costs and administration costs, plus attorneys' fees, if relevant,
within fifteen (15) calendar days of its mailing;
c. Abatement Costs Specially Assessed Against the Parcel. If the amount set forth in the
notice of abatement costs is not paid upon demand by the county, the abatement costs,
including attorneys' fees, if applicable, shall be specially assessed against the real property
by any other means provided by law. The assessment may be collected at the same time
and in the same manner as ordinary county taxes are collected, and shall be subject to
the same penalties and the same procedure of sale in case of delinquency as are ordinary
county taxes;
9.B.a
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d. Notice of Abatement Lien. A notice of abatement lien may be recorded against the real
property subject to this abatement proceeding, setting forth the date upon which
abatement of the nuisance was ordered either by notice issued by the county or by the
board after a hearing, the date the abatement was complete and the amount of
abatement costs. Furthermore, the notice shall identify the parcel address, the record
owner, the possessor of the property, if known and applicable, together with the last
known address of the record owner or possessor. The lien has the same priority as a
judgment lien on real property and continues in effect until released;
e. Attorneys' Fees. Reasonable attorneys' fees may be recovered by the prevailing party in
any civil action, administrative proceeding or special proceeding established by this
chapter.
SECTION 13- HEARINGS OFFICIAL
I. Delegation of Authority- The Commission may delegate its authority to conduct the administrative
abatement proceedings set forth in this Ordinance to either of the following:
a. The county Hearings Officer. The Hearings Officer shall have full authority and duty to
preside over hearings in the manner set forth in County Ordinance;
b. A designated fire hazard abatement hearings board (FHAHB). The FHAHB shall have full
authority to act and may preside over hearings with the same authority, power and duties
of a Hearings Officer;
II. Required Action- At the conclusion of a hearing by either the Hearings Officer or FHAHB, a decision
shall be issued to the owner or person in possession of the real property subject to the hearing,
and to any other interested person previously requesting notice. The Hearings Officer or FHAHB
shall also file the decision with the commission. The decision may alter the notice/order in any
fashion and may include an order to the owner or person in possession of the real property to
abate the hazardous weeds or combustible material within ten (10) calendar days of issuance of
the decision;
III. No Further Appeal- Upon receiving the decision from either the Hearings Officer or FHAHB, the
commission may adopt the decision as recommended on the consent agenda at its next regularly
scheduled public board meeting without further notice or hearing.
SECTION 14- PENALTY AND EQUITABLE REMEDIES
I. Violation of any provision of this Ordinance is deemed a(n) (insert proper citation here) violation.
Payment of a fine imposed under this ordinance does not relieve the violator of responsibility to
remedy the violation;
II. First Violation – Except as otherwise provided, whoever violates or fails to comply with any of the
provisions of this ordinance shall be fined not more than one thousand dollars ($1,000) for each
violation. Notwithstanding any other provision of law, a court or Hearings Officer may not,
without good cause, defer, waive, suspend or otherwise reduce the fine for a violation to an
amount that is less than two hundred fifty dollars ($250);
9.B.a
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III. Continuing Violation – Whoever fails to correct or remedy a first violation as set forth in
subsection (II) of this Section following an adjudication of guilt on the first violation commits a
continuing violation. Whoever is cited with a continuing violation shall be fined not more than
two hundred and fifty dollars ($250) per day for a continuing violation, not to exceed ten thousand
dollars ($10,000) for a first continuing violation. Unless otherwise provided, a separate violation
shall be deemed committed each day during or on which a violation or noncompliance occurs or
continues, beginning with the day following an adjudication of guilt on a first violation.
Notwithstanding any other provision of law, a court or Hearings Officer may not, without good
cause, defer, waive, suspend or otherwise reduce the fine for a continuing violation to an amount
that is less than fifty dollars ($50) per day or one thousand dollars ($1,000), whichever amount is
less. An Enforcement Officer’s recommendation may constitute good cause to reduce a fine.
SECTION 15- OTHER REMEDIES
(IF NECESSARY) The provisions of this section are to be construed as an added remedy of abatement and
not in derogation of any other civil or criminal actions or proceedings or remedies otherwise provided by
law.
9.B.a
Packet Pg. 40 Attachment: FD3 Informational Resources - Draft Vegetation Ordinance (1377 : Jackon County FD3 Hazardous Begetation and Combustible
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: January 28, 2021
SUBJECT: Central Point Little League Concept Plan
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
During the Summer of 2019, the City worked with a local architect, Chris Brown, to
evaluate the Central Point Little League facility's current conditions. This evaluation
concluded with a final report that contained an inventory and analysis of the existing
fields, facilities, and site amenities of the Central Point Little League property.
Furthermore, the contents of this report generated conversation regarding whether the
best public investment would involve rehabilitating the existing facility, a phased
reconstruction of the existing field concept, or a "one-time" capital project which would
involve demolition of existing facilities; followed by the construction of a completely
new complex.
In late 2020, the City was approached by a private investor about the possibility of
collaborating on a Central Point Little League restoration project. After several
conversations/discussions with the private investor, the City staff retained the services of
RH2 Engineering to develop a master plan/concept plan that could be used to refine
our project goals, objectives, and parameters.
Note: For discussion purposes, the most recent Central Point Little Complex Concept
and 2019 evaluation report are attached.
FINANCIAL ANALYSIS:
Historically, Central Point Parks capital projects have been funded with "one of two"
revenue streams. First, prior to establishing the City's Parks Maintenance Utility Fee, all
capital park projects were funded by non-specific/ear-marked city general fund
resources. General fund resources include hotel/motel tax revenue, franchise fee
revenue, city property taxes, etc. (city property taxes equate to a significant percentage
of overall general fund revenue).
9.C
Packet Pg. 41
Understanding the above, appropriately budgeting (2021-2023) for a city contribution
to the Central Point Little League project is not without challenges. First, we have
already implemented a financial strategy to use general fund capital to invest in the
Central Point Community Center. Second, although in excellent financial health," the
City's general fund is "stretched" in terms of its ability to contribute to new capital
projects—beyond the Community Center Project—without a reduction in current service
levels, a reduced materials and services expenditures, or additional revenue.
The staff recommends a 2021-2023 capital investment in the Central Point Little League
Complex/project be associated with an identified revenue source.
LEGAL ANALYSIS:
Should City Council decide to proceed with a public/private partnership on this project,
Legal Counsel will be included in the review and approval of all necessary legislation
and agreements.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
2040 City of Central Point Strategic Plan - Strategic Priority – Community Investment
GOAL 2 - Be a city filled with happy, healthy people who are thriving.
STRATEGY 1 – Develop and maintain positive partnerships with public and private
entities and the community to understand community needs, and leverage resources to
develop and deliver opportunities for personal, professional, and/or vocational
development. (Recreation Programs, Maker Space, Artisan Corridor, Volunteerism,
Community Events, etc.) (Nurturing individual skills and personal growth is an essential
element to Central Point's vitality. While this is an organic process that must be desired
by individuals in the population, the City can make investments that consider and
further the goal of providing an environment that is supportive of this objective.)
STAFF RECOMMENDATION:
City Staff recommends that City Council have a general discussion about the proposed
Central Point Little League Complex.
RECOMMENDED MOTION:
A motion is not recommended at this time.
ATTACHMENTS:
1. CPLL Evaluation 2019
2. Hanley Road Little League Fields-Site Layout Final
9.C
Packet Pg. 42
426 a street, ashland or 97520 (541) 591 9988 arkitek@arkitek.us www.arkitek.us
Central Point Little League Field Evaluation
Project Information
Date: 8/6/2019
Subject Site: Central Point Little League
2935 Hanley Rd.
Central Point, OR 97502
Map & Tax Lot #: 372W15 1302
Zoning: EFU (Exclusive Farm-Use)
Property Owner: Central Point Little League
Total Acreage: 14.56 acres
Property Class: 6-28
Report Overview
This report includes an inventory and an analysis of the existing fields, facilities, and site amenities of the Central
Point Little League property. The contents of this report will be utilized in the creation of an action plan for the
potential adaptation of the site to meet the immediate needs/goals of the Central Point Softball League.
Report Contents
a) Facilities
i) Baseball field existing conditions
ii) Site utilities: potable water, sewer, electric
iii) Irrigation at fields
iv) Concession stand
v) Light fixtures
vi) Fencing
vii) Landscape features
b) Phase 1 Basic Site Improvement Needs
i) Extend sewer, potable water
ii) Adapt existing concession stand
iii) Adapt existing fields 3 and 5
iv) Lighting for night games
v) Portable toilets
vi) Adapt parking, if necessary
9.C.a
Packet Pg. 43 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
Central Point Little League Field Evaluation
2
Site Description
The Central Point Little League site consists of six baseball fields; (1) Major League Baseball regulation field,
(2) Softball regulation fields, (2) Little League regulation baseball fields, and (1) Little League regulation Tee Ball field.
The total site area is 14.56 acres (634,233 square feet) with approximate overall site coverage of 43% baseball fields,
20% parking areas, and 1.2% structures.
The fields of interest for this study are Field #3 and Field #5. Each field comprises of two dugout structures for the
players, two sets of bleachers for the audience and an announcers booth.
Within the site there are two primary existing buildings with a combined total building footprint of approximately
2,950 square feet. The first building is used as a concession stand and office for the Central Point Little League. The
second building is used for storage and to house the potable water tank for site users during the playing season.
Parking
Field #6
Little League
Field #5-Softball
Field #1
Little League
Field #2-Softball
Field #3-MLB
ML
Field #4
Tee Ball
Structures
9.C.a
Packet Pg. 44 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
Central Point Little League Field Evaluation
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Potable water is delivered by truck and tested frequently for safety. Mature shade trees are located adjacent to the
concession stand and storage building with picnic benches underneath.
Agricultural water is available from nearby Hopkins Canal and distributed for field irrigation with industrial sprinklers.
There is a pump station located to the west of the storage building, which distributes the water to each field.
Electricity is available to the site from overhead lines from the southern end of the property, with a transformer
located to the west of the storage building.
Vehicular parking is accessed by three driveway aprons off Hanley Road with parking located along the east side of
the fields, and handicap parking located directly next to the entrance of the fields. Abutting zoning is EFU to the
North, South, and West and RR-2.5 to the Southeast with the Crater Lake Boy Scouts and a cellular tower station
directly to the north. Additional adjacencies include Hopkins Canal and Jackson Creek.
Facility Analysis
i. Baseball Field Existing Conditions
Field #3-Major League Baseball Regulation Field
Condition:
Field #3 is the furthest field from the entrance. The fence surrounding the field is intact. There are small trees
growing around the perimeter of the fence. To the Southwest corner of the field has a pile of discarded
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Packet Pg. 45 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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bleachers, lights, and other material outside the field fence line. The field has three vacant light posts near the
north side of the field. There are three structures near the field; two dugouts and one announcer’s booth. The
dugouts are on a poured cement foundation with 2x4 framing, and plywood siding. The announcer’s booth is
comprised of 2x4 framing w/ plywood siding, and a set of stairs leading up to the booth. The structures have
visible rot on the exterior wood and roof. The foundation pad appears to be in good condition, and the stairs
leading up to the announcers booth have visible rot. The grass within the field is dead and requires reseeding.
All of the bases/plates are intact including the pitcher’s mound.
Field #5-Regulation Softball Field
Condition:
Field #5 is near the concession stand and adjacent to the cell tower. The fence surrounding the field is intact.
The field is surrounded by four field light posts with the lights intact. There are three structures near the field;
two dugouts and one announcer’s booth. The dugouts are on a poured cement foundation with 2x4 framing,
and plywood siding. The announcer’s booth is comprised of 2x4 framing w/ plywood siding, and a set of stairs
leading up to the booth. The structures have visible rot on the exterior wood and roof. The foundation pad
appears in good condition, and the stairs leading up to the announcers booth have visible rot. There are two
sets of bleachers for the viewers to sit on. The grass within the field is dead and requires reseeding. All of the
bases/plates are intact including the pitcher’s mound.
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Packet Pg. 46 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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Exterior meter on site. Field light exterior circuit breaker. Concession stand electricity.
Announcers Booth and Dugouts
ii. Site Utilities: Potable Water, Sewer, Electric
Potable Water
There is no access to drinking water on site. Drinking water is stored in a tank located at the storage building.
The drinking water is delivered by truck during the playing season.
Sewer
There is no connection to the City sanitary or storm sewer system. The concession stand appears to have a
sewer drain line on the exterior.
Electric
Electricity is available on site with overhead lines and connected to an exterior service meter. The field lights
appear to have electricity and are controlled via an exterior circuit breaker. The concession stand also appears
to have available electrical service. The electrical current/amperage was not tested during the site visit and it is
recommended to hire an electrical contractor for further inspection.
Stairs up to Announcer’s Booth. Inside Dugout Structures
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Packet Pg. 47 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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North exterior side of concession stand. West exterior side with security
cameras and lighting.
South exterior side entrance.
Pump outside storage building. Water valve located at each field. Industrial sprinkler available.
iii. Irrigation at Fields
Agricultural water rights for field irrigation are provided via Hopkins Canal to the south. A pump is located to the
west of the storage building with a 4” inlet and to a 3” main line which distributes water throughout the site.
Industrial sprinklers are used to water the fields and are controlled with a valve located on each field. The pump
has visible exterior rust. The industrial sprinkler on site has exterior rust and shows signs of weathering.
iv. Concession Stand
The Concession Stand is approximately 2,128 square feet and located near the front of the site adjacent to the
parking lot. Electricity is available on site with overhead lines and down to a exterior meter on the side of the
building. Telephone/Data infrastructure is provided via an exterior telephone jack on the building. There
appears to be a sewer line on the exterior of the building. The building is on a concrete poured foundation pad,
with lap siding, and concession windows. The building is in functional condition, with no visibile exterior rot, or
exterior damage. The rear building has security cameras as well as solar exterior lighting. Gutters and Roof are
in good condition and appear to be functioning. There are mature shade trees adjacent to the concession area
and with picnic benches underneath.
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Packet Pg. 48 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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Steel pole with field light and
exposed concrete pier foundation.
Utility pole with field light.
Chain link fence around the perimeter of the fields. Wood fencing around parking lot.
v. Light Fixtures
There are light posts with field lights surrounding the baseball fields. The posts are a mixture of wooden
utility poles and steel poles supported by an exposed concrete pier foundation. It appears that the field
lights are provided with power; however they were not tested during site visit. The field lights appear to
have electricity and operated with an exterior circuit breaker. The light post and light fixtures appear to
be in good visible condition.
vi. Fencing
Perimeter fencing of the field consists of chain link fencing and poles, with plastic safety tubing around
the top portion. The fencing around the parking lot is wooden pole fencing. At the entrance there are
three large metal gates for vehicular access. The chain link fence appears to be in good condition,
however some of the metal poles have visible exterior rust. The wood fencing around the parking lot is
intact and the three large metal gates appear to be in good condition.
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Packet Pg. 49 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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Aerial drone photograph of site.
vii. Landscape Features
The landscape is dry and open. There is a cluster of mature trees around the concession stand to offer
shade for the picnic tables underneath. A few small trees surround some of the fields. A cluster of shrubs
is located in the far Southwest corner of the site, indicating an area of soil saturation.
Phase 1 Basic Site Improvement Needs
In order for the potential adaptation of the site to meet the immediate needs/goals of the Central Point Softball
League the following modifications should be made:
• Extend city infrastructure services; including sewer and potable water to site.
• Renovate existing concession stand for public usage; including potential commercial kitchen certification.
• Provide and install Irrigation infrastructure and controllers for fields 3 and 5; new sod/reseeding.
• Repair and Upgrade to LED Site Lighting infrastructure for night games.
• Provision of portable toilets.
• Delineate and Stripe existing gravel Parking Lot.
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Packet Pg. 50 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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BASELINE COSTS:
Area Count Cost Per Unit Estimated Cost
Concession stand
• Exterior repairs
• Interior repairs
• Upgrade kitchen equipment
• Upgrading electrical, plumbing,
and gas lines
2,128 SF 1 $85/ SQ FT $180,900
Existing Field Lighting Repair - 24 $450 $10,800
Scoreboards - 2 $3,000 $6,000
Dugouts
• Demolition and replacement of
existing structures
240 SF 4 $65/ SQ FT $62,400
Announcers Booth
• Demolition and replacement of
existing structures
105 SF 2 $85/ SQ FT $17,850
New Bleachers - 4 $2,000 $8,000
Baseball Fields
• Seeded field, incl. soil prep
• Refresh clay
• Fence repairs, as needed
• Striping and accessories
43,000 2 $1.50/ SQ FT $129,000
Estimated Sub-Total Cost (Excluding City Infrastructure Cost of Water/Sewer Services): $414,950.00
Provision of Portable Toilets - 3 $150/mo. $350/month
Provision for Turf Maintenance 2 $4,000/season $8,000/season
OPTIONS:
Area Count Cost Per Unit Estimated Cost
+Parking Lot Upgrades
• Markings for accessibility &
visitor parking
• Placement of landscape timber
wheel stops
11,650 SF 1 $.50/ SQ FT $5,825
+ Asphalt Paving at Parking Lot 11,650 SF 1 $6/SF $69,900
+ Sod Field Installation 32,000 2 $3/SF $192,000
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Packet Pg. 51 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
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+ Artificial Turf Field Installation 32,000 2 $10/SF $640,000
+ Automatic Irrigation 32,000 2 $5.00/SF $320,000
+ LED Field Lighting
• Primary and secondary feeds
• Switchgear and transformers
• LED field lights, and brackets
- 24 Lights $1,200 $28,800
Estimated Subtotal of Additional Optional Expenses: $616,500 to $744,500
Provision of Artificial Turf Maintenance - 2 $2,750/year $5,500/year
Estimated Total Project Cost with Options: $1,031,450 to 1,159,450
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Packet Pg. 52 Attachment: CPLL Evaluation 2019 (1374 : Central Point Little League Concept Plan)
SENIOR SOFTBALL FIELD
(2)TEE BALL FIELD
Full SIZE FIELD
iNTERMEDIATE FIELD
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SENIOR SOFTBALL FIELD PRELIMINARY REVIEWDRAWINGSCENTRAL POINTHANLEY ROAD LITTLE LEAGUE FIELDS.AL-A%-DQ -DQ &P7 +ANP&IVDWGS+2WN
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DWG NO.:DATEDESCRIPTIONREVISIONSBYREVIEWENGINEER:SAVE DATE:REVIEWED:PLOT DATE:CLIENT:FILENAME:SHEET NO.:JOB NO.:NO.0"1"2"
DRAWING IS FULL SCALE WHEN
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EXPIRES:12/31/2020.R
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PLAN VIEW
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Packet Pg. 53 Attachment: Hanley Road Little League Fields-Site Layout Final (1374 : Central Point Little League Concept Plan)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Tom Humphrey, Community Development Director
MEETING DATE: January 28, 2021
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
meeting on January 19, 2021.
A. Public Hearing to consider a Tentative Plan for the development of a 5-lot
residential subdivision to be known as Covington Court in the Residential Single
Family (R-1-6) zoning district. The project site is located south of Pittview Avenue
on Covington Court and is identified on the Jackson County Assessor’s Map as
37S 2W 11D, Tax Lot 500 and 2301. File No. SUB-20004. Applicant: Jason Artner
The applicant proposes to subdivide property that he currently occupies with a home and
a shop. These buildings will be retained on one of the five new lots being created. The
other four lots will be developed for sale. Half of Covington Court was built in an earlier
subdivision and this proposal will complete the street (paved width, curb, gutter and
sidewalk) and add four more homes to this neighborhood. Staff identified issues with
road dedication, access and storm water collection and dispersal. The City is working
with Jackson County Roads to require improvements on Pittview Avenue frontage (soon
to be in city jurisdiction). Storm water runoff, once calculated, will be directed to storm
water infrastructure that will be the responsibility of this applicant. Parking to
accommodate four new homes will be addressed during public works and building
department construction plan review. The applicant and the Planning Commission
agreed with the conclusions and the findings in the staff report and the Commission
approved the subdivision.
B. Public Hearing to consider a Major Modification to the White Hawk Master Plan
concerning the Phasing Plan and the Site Plan and Housing Plan in Proposed
Phase 1. The 18.91 acre project site is located on property identified by the
Jackson County Assessor’s Map as 37S 2W 03, Tax Lots 2700 and 2701. The
Master Plan area includes land zoned Low Mix Residential (LMR) and Medium Mix
Residential (MMR). Modifications to approved plans are subject to the
requirements set forth in CPMC 17.09 and are limited in scope to the proposed
changes. Applicant: White Hawk Properties/KDA Homes. Agent: Urban
Development Services, LLC. File No. MOD-20005. The White Hawk Master Plan was
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originally approved by the City in November 2015 and was subject to extensive scrutiny,
review and conditions. The owners (People’s Bank) remediated environmental concerns,
established phasing and design and kept the development active by requesting and
receiving extensions. New owners have requested changes to the phasing and housing
design to meet regional needs, make their product more energy efficient and sellable.
They wanted to 1) amend the phasing plan to allow construction of the
duplexes/townhouses first; 2) decrease the number of duplex/townhome lots from 34 to
32; 3) add Accessory Dwelling Units (ADUs) as a new housing type; 4) revise the
proposed phase 1 housing type from 100% attached to 50% attached; 5) change the
architectural style from traditional to contemporary; and 6) consolidate two of the
east/west alleys in proposed phase 1. As part of their modification they are proposing to
make more infrastructure improvements and generate less traffic than with the approved
phasing. Two neighbors have questioned these modifications and expressed concerns
about previous issues that the original approval addressed. The applicant is expected to
adhere to the original conditions of approval with any modifications. The Planning
Commission accepted the findings in the staff report, agreed with the conclusions and
approved the modification subject to two conditions including those set forth in the
original approval. The applicant will work with the Public Works Department to revise
engineering design plans to provide for parking on Gebhard Road as part of the road
improvements.
C. Public Hearing to consider a Tentative Plan for the development of a 32-lot
residential subdivision for Phase 1 of the White Hawk Master Plan. The project site
is located on a portion of property identified on the Jackson County Assessor’s
Map as 37S 2W 03, Tax Lots 2700 and 2701. Phase 1 is within the MMR, Medium
Mix Residential Zone in the Eastside Transit Oriented Development (ETOD)
District. File No. SUB-20002. Applicant: White Hawk Properties/KDA Homes.
Agent: Urban Development Services, LLC. The tentative plan was proposed for
consideration following the Planning Commission action on the previous application to
modify the White Hawk Master Plan. The tentative plan illustrates the proposed changes
to the number of lots, alley locations and Gebhard Road improvements. Issues raised by
emergency services and neighbors will dictate changes to new street names and the
applicant is required to design all utility and infrastructure improvements in accordance
with shallow well mitigation measures identified in a report resulting from the previous
approval. The Planning Commission accepted the findings in the staff report, agreed
with the conclusions and approved the tentative plan subject to two conditions including
those set forth in the original approval. Compliance with requests from other agencies
(RVSS, FD#3, etc.) are part of the conditions of approval.
Miscellaneous: Planning staff reviewed and answered questions about various
development projects and planning applications occurring around the City.
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