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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, June 24, 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(1671) Ord (2077)
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 June 10, 2021 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Ordinance No. _________, An Ordinance Adopting Revisions to the Urban
Growth Boundary Amendment to Align the City and County's Findings of Fact,
Conclusions of Law and Record of Proceedings (Holtey)
B. Ordinance No. _______, An Ordinance Establishing the Good Fortune
Preferential Parking District No. 1 and Declaring an Emergency (Dreyer)
C. Resolution No. _______, Resolution Setting Preferential Parking District Fees
and Fines (Dreyer)
D. Resolution No. ______, A Resolution of the City of Central Point Approving a
2019-21 Supplemental Budget (Weber)
E. Resolution No._______, Certifying the Provision of Municipal Services by the
City of Central Point, Oregon (Weber)
F. Resolution No. _______, A Resolution Approving Appointments and Adopting
General Procedures for Fiscal Year 2021-2022 (Weber)
G. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting
the item and action requested. The presiding officer may limit testimony.
A. Resolution No. ______, Electing to Receive State Revenue Sharing
Funds for Fiscal Year July 1, 2021 - June 30, 2022 (Weber)
B. Resolution No. _____, Adopting the Budget; Make Appropriations and
Levy Taxes for the Biennial Budget Period July 1, 2021 through June 30,
2023 (Weber)
C. First Reading, an Ordinance Amending Central Point Municipal Code
Chapter 8.24 Flood Damage Prevention(File No. ZC-21002)
(Gindlesperger)
VIII. BUSINESS
IX. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION 192.660 (2)(e) Real Property Transactions
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.
XIV. 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, June 10, 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 Remote
Neil Olsen Ward I Remote
Kelley Johnson Ward II Remote
Melody Thueson Ward III Remote
Taneea Browning Ward IV Remote
Rob Hernandez At Large Excused
Michael Parsons At Large Remote
Staff members present: City Manager Chris Clayton (arrived at 7:30); City Attorney
Jackie Bunick; Finance Director Steve Weber; Police Chief Kris Allison; Police Captain
Dave Croft; Captain Scott Logue; Parks and Public Works Director Matt Samitore (left at
7:32); Community Development Director Tom Humphrey; Planning Department Director
Stephanie Holtey; and City Recorder Deanna Casey.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
A. Approval of May 27, 2021 City Council Minutes
Council Member Neil Olsen asked for a clarification regarding his report for May
27, 2021. Remove the last eight words and insert "its difficult, Dr. Shames is
trustworthy, the vaccine is safe and effective".
Mike Parsons moved to approve the Consent agenda with recommended
amendment to the minutes.
VI. ITEMS REMOVED FROM CONSENT AGENDA
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City of Central Point
City Council Minutes
June 10, 2021
Page 2
VII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, A Revised Resolution Extending Workers
Compensation Coverage to Volunteers of the City of Central Point
Finance Director Steve Weber presented a Resolution extending Workers
Compensation to volunteers of the city. City County Insurance, in partnership with
SAIF Corporation requires that the city pass a resolution annually. The proposed
resolution continues the current practice of providing workers' compensation
coverage for city volunteers, with the exception of special events volunteers who are
covered under a separate accident policy.
Council Member Melody Thueson moved to approve Resolution 1666, A
Resolution Extending Workers Compensation Coverage to Volunteers of the
City of Central Point.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
B. Resolution No. ________, A Resolution of the City of Central Point Increasing
the Park Maintenance Fee Effective July 1, 2021
Parks and Public Works Director Matt Samitore explained that Resolution 1660
increasing the park maintenance fee was approved at the April 22, 2021 Council
meeting. The resolution had a clerical error in Section 1 of the enacting clause
referencing the Street Utility fee instead of the Parks Maintenance Fee. The
proposed Resolution repeals Resolution 1660 and replaces it with the correct
language. The increase remains effective June 1, 2021.
Council Member Kelley Johnson moved to approve Resolution No. 1667, A
Resolution to Repeal and Replace Resolution 1660 Increasing the Park
Maintenance Fee.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
C. Ordinance No. _____, Ordinance Vacating a Public Utility Easement over the
Portion of the Former Public Alley and Amy Street vacated by Ordinance No.
1837 on August 14, 2003 Per ORS 271.130
City Attorney Assistant Jackie Bunick presented the second reading of an Ordinance
vacating an easement that is no longer needed for public purposes and conflicts with
the location of the new Public Works facility. There were no recommended changes
at the first meeting and public hearing.
Council Member Michael Parsons moved to approve Ordinance No. 2076, An
Ordinance Vacating a Public Utility Easement over the Portion of the Former
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City of Central Point
City Council Minutes
June 10, 2021
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Public Alley and Amy Street Vacated by Ordinance No. 1837 on August 14,
2003 Per ORS 271.130.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
D. First Reading - Ordinance Establishing the Good Fortune Preferential Parking
District No. 1
City Attorney Jackie Bunick explained Council recently adopted an ordinance
allowing for the establishment of preferential parking districts. Individual parking
districts may be established by Council at its discretion or upon receipt of a petition
signed by the residents or merchants of a proposed parking district.
Staff has been dealing with a renewal of issues at Peninger Road and Good Fortune
Drive resulting in significant noise, trash and blockage of public right-of-way causing
difficulties for the local businesses to accommodate parking for guests driving
oversized vehicles.
The proposed ordinance creates a preferential parking district for this area. The
proposed district would help to manage the use of the public right-of-way, would
encourage tourism in that overnight guests with large vehicles could be better
accommodated, and would reduce other conflicts in this area.
Parks and Public Works Director Matt Samitore explained that issues along Good
Fortune have improved now that No Parking signs have been installed. The Police
staff have been working on a design for a window hanger for a vehicle and will return
at the next meeting with fee schedule.
Council Member Kelley Johnson moved to second reading An Ordinance
Establishing the Good Fortune Preferential Parking District No. 1.
RESULT: 1ST READING [UNANIMOUS]
Next: 6/24/2021 7:00 PM
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
E. Resolution No. ________, Accepting the Lowest Responsible Bid from Knife
River Materials, Inc. for the Jewett School Water and Storm Drain Project and
Authorizing the City Manager to Execute a Contract
Parks and Public Works Director Matt Samitore explained that the City conducted a
bid letting procedure for the Jewett School water and storm drain line project. The
lowest bid was received from Knife River Materials. Public Works did not budget
enough for this project given recent escalating construction prices/costs. In order to
make up the difference, staff is requesting the use of American Recovery Plan
dollars to reimburse the fund allowing for a few other planned projects this year. The
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City of Central Point
City Council Minutes
June 10, 2021
Page 4
Jewett School water and storm drain project is a priority project and allows for a
combined school and city partnership. The project is to be completed this summer
before school begins in the fall.
This project will help with the flooding issues covering a good portion of downtown
including 10th, Pine and Freeman intersection. The School district will be making
improvements to the parking lot for Jewett Elementary School.
Council Member Kelley Johnson moved to approve Resolution No. 1668,
accepting the Lowest Responsible Bid from Knife River Materials, Inc. for the
Jewett School Water and Storm Drain Project and Authorizing the City
Manager to Execute a Contract.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
F. First Reading - An Ordinance Adopting Revisions to the Urban Growth
Boundary Amendment to Align the City and County's Findings of Fact,
Conclusions of Law and Record of Proceedings
Planning Director Stephanie Holtey explained that the proposed Ordinance is a
housekeeping item to align the City's Ordinance with the County Commissioners
ordinance regarding our Urban Growth Boundary expansion. The proposed
Ordinance does not result in any substantive changes to the UGB Amendment
boundary, the UGBMA or any of the City's findings and conclusions it incorporates
evidence and testimony received outside the City's process.
Council Member Kelley Johnson moved to second reading An Ordinance
Adopting Revisions to the Urban Growth Boundary Amendment to Align the
City and County's Findings of Fact, Conclusions of Law and Record of
Proceedings.
RESULT: 1ST READING [5 TO 0]
Next: 6/24/2021 7:00 PM
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
AWAY: Neil Olsen
G. Resolution No. _____, Approving a Two-Year Agreement between the City of
Central Point and Central Point Chamber of Commerce for Operation of the
Visitors Information Center.
City Manager Chris Clayton stated that staff is recommending approval of a new
Visitors Information Center agreement with the Central Point Chamber of Commerce
through June 30, 2023 with an automatic two-year renewal that would extend to June
30, 2025. The City has budgeted funds for this agreement and it specifies current
VIC funding levels. The City's annual contribution depends on budgetary authority
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City of Central Point
City Council Minutes
June 10, 2021
Page 5
granted by the Central Point Budget Committee & City Council. The Chamber Board
is currently reviewing the agreement. If there were any substantial changes we would
bring it back to the Council for approval.
Council Member Kelley Johnson moved to approve Resolution No. 1669, A
Resolution recommending adoption of an agreement between the City of
Central Point and the Central Point chamber of Commerce for Contract
Operations of the City’s Visitor Information Center.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
H. Resolution No. ______, A Resolution Declaring Certain Real Property Located
on Old Military Road Surplus Authorizing an Invitation to Bid on the Purchase
of Such Property
Mr. Clayton explained in 1970 the city purchased property on Old Military Road for
use by Public Works as a site to store extra material such as rock, dirt and tree
trimmings. Over time the property has become unnecessary and has no reasonable
use for the city. The purposed resolution is to declare the property surplus and direct
staff to proceed with an invitation to bid on the purchase.
We have had several substantial offers and have decided not to list with a real estate
agent. We have a list of neighboring property owners who have inquired about the
property and encouraged the city to have it rezoned residential.
Council Member Melody Thueson moved to approve Resolution No. 1670,
Declaring Certain Real Property Located on Old Military Road (Map No.
372W08 Tax Lot 1900) Surplus and Authorizing an Invitation to Bid on the
Purchase of Such Property.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Parsons
EXCUSED: Rob Hernandez
VIII. MAYOR'S REPORT
Mayor Williams reported that:
He attended the Memorial Day Celebration at Twin Creeks Retirement Center.
He attended the 4H FFA auction at the Expo and purchased a lamb by a Crater student.
IX. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
Development continues in Central Point.
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He made contact with the corporation who owns Rays Market. They are not
interested in selling the parking lot behind their building. They have no issues with
city employees using the space at this time.
He attended a meeting with the Moore family regarding the little league fields. We
are working with RH2 on an estimate for design and time frame.
Tomorrow there will be a tour of the Rogue Retreat for those interested in
attending.
We have been receiving a lot of questions regarding the new evacuation maps and
Everbidge notification system. The IT Department is currently working on a
webpage where people can go to view our evacuation maps and other emergency
preparation.
The 4th of July fireworks are a go at the Expo, it looks like the restrictions may be
lessened on June 23rd, if this happens we will flip the parade back to Pine Street.
HB2560 is being considered regarding requiring public entities to provide a way to
continue to provide virtual access to the public in regards to attendance and
meeting participation.
The new awning is up over Pine Street Market. He will provide photos tomorrow.
He did an interview with news media yesterday regarding the Alameda Fires and
our response.
X. COUNCIL REPORTS
Council Member Michael Parsons reported that:
He attended the Planning Commission Meeting.
He attended “The Made in Southern Oregon” Event. It was good seeing people out
again, smiling, and enjoying themselves.
He attended a Central Point Police Volunteers in Police Service (VIPS) meeting. There
are 11 Volunteers looking to get back into doing what they love to do, serving the City
and the Police Department, creating a presence, and acting as Ambassadors for the
City. It appears that the restart date is tentatively set for July 1.
He attended a meeting with Fire District 3. Captain Ian Kassab, Community Risk
Coordinator, along with personnel from Fire District 3’s Community Care and Community
Connect Programs. Following the impressive presentation of these programs they intend
to introduce them to 400 residents in the Meadows. We have invited Captain Kassab
and his teams to our Board Meeting on July 20th when the entire Community of The
Meadows will be welcome.
Council Member Taneea Browning reported that:
She had a meeting with the Public Works crew regarding Creek Side Greenway
Committee.
She attended a MWC meeting where they discussed issues with the water shed in
regards to drought issues.
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City Council Minutes
June 10, 2021
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Council Member Melody Thueson reported that:
She attended the Made in SO event.
The Asante building maskot will be called the Rogue Otters
received an email regarding disappointment about not having the Memorial day events.
She is really glad that we have such strong community support for our events.
Council Member Kelley Johnson had no report.
-- No report
Council Member Neil Olsen stated that City Manager Clayton is always good about
responding to emails and questions.
XI. DEPARTMENT REPORTS
Community Director Tom Humphrey reported that he is looking forward to retirement. He
has been cleaning out his office lately and continues to work with the housing task force.
He may continue as a volunteer member after retirement.
Planning Director Stephanie Holtey reported that:
She has been working on current development projects, and meeting with people on the
east side development area.
Mr. Samitore and I have been working with ODOT on our Transportation System Plan
update.
Staff is work on updating residential code amendments to meet current increased
demands.
She has received inquiries for small wireless requirements in the public right of way to
address the new federal requirements and make changes in the Municipal Code.
Staff is working on hazard mitigation grants that could help along the Bear Creek
Greenway.
Police Chief Kris Allison reported that:
There have been several Crater graduations this week.
She enjoyed the auction at the expo with the Mayor and supporting the kids.
Captain Dave Croft has been focusing on extra patrols and greenway sweep.
Captain Scott Logue has been working on the parking permits for the Parking District
area.
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City of Central Point
City Council Minutes
June 10, 2021
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Finance Director Steven Weber had no report.
XII. EXECUTIVE SESSION - None
XIII. ADJOURNMENT
Council Member Michael Parsons moved to adjourn the meeting at 8:14 p.m.
Taneea Browning seconed.
The foregoing minutes of the June 10, 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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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: June 24, 2021
SUBJECT: Ordinance No. _________, An Ordinance Adopting Revisions to the
Urban Growth Boundary Amendment to Align the City and County's
Findings of Fact, Conclusions of Law and Record of Proceedings
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
To finalize the City’s Urban Growth Boundary Amendment (UGB), both the City and the County
are required to adopt ordinances that are mutually supportive. The City adopted Ordinance No.
2073 on March 25, 2021 and on May 12, the Board County Commissioner’s adopted Ordinance
No. 2021-1. Although the ordinances adopt the same boundary location, acreage and Urban
Growth Boundary Management Agreement (UGBMA) revisions, the City’s record does not
include the County’s Ordinance or the evidence and testimony received outside the City’s
process.
To address this discrepancy, staff proposes the Council approve an ordinance that adopts and
incorporates the Board of Commissioner’s Ordinance No. 2021-1 and record of proceedings in
its entirety and supplement City Council Ordinance No. 2073 with the same. The proposed
revision does not result in any substantive changes to the UGB Amendment boundary, the
UGBMA or any of the City’s findings and conclusions. Rather, the proposed change amounts to
housekeeping that aligns the record for clarity and consistency.
FINANCIAL ANALYSIS:
The proposed ordinance adopting and incorporating the County’s Ordinance and record does
not incur any cost to the City beyond in-kind staff expense.
LEGAL ANALYSIS:
The City and County bear the burden of proof that the UGB Amendment satisfies applicable
state, county and city regulations. The proposed ordinance aligns the City and County records,
which provides a clear and consolidated exhibit schedule for UGB Amendment. Once the record
is finalized, the Department of Land Conservation and Development will conduct its final review
and acknowledgement process. It is anticipated that a complete and consistent record will aid
this process.
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COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Providing a clear record of proceedings supports the City Council’s goal to complete the UGB
Amendment and support managed growth in the City.
STAFF RECOMMENDATION:
Conduct a second reading of the ordinance.
RECOMMENDED MOTION:
I move to Approve Ordinance No. _______, An Ordinance adopting revisions to the Urban
Growth Boundary Amendment to align the City and County findings of fact, conclusions of law
and record of proceedings to a second reading.
ATTACHMENTS:
1. Draft Ordinance Clarifying and Aligning the Record
2. Board Ordinance No. 2021-1
3. County Exhibit Schedule
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Pg. 1 Ordinance No. ____________ (06/24 /2021)
ORDINANCE NO. _______
AN ORDINANCE ADOPTING REVISIONS TO THE URBAN GROWTH
BOUNDARY AMENDMENT TO ALIGN THE CITY AND COUNTY’S FINDINGS
OF FACT, CONCLUSIONS OF LAW AND RECORD OF PROCEEDINGS
Recitals:
A. On March 25, 2021, the City of Central Point City Council approved
Ordinance No. 2073 amending the Comprehensive Plan to add roughly
444 acres to the City’s Urban Growth Boundary, designate general land
use and revise the Urban Growth Boundary Management Agreement
(UGBMA) with Jackson County. The approval was based on the Staff
Report dated March 25, 2021, which included the proposed
amendments, record of proceedings for the Central Point Planning
Commission, and findings of fact and conclusions of law.
B. The Board of County Commissioners held a properly advertised public
hearing on April 14, 2021 to consider a major comprehensive plan
amendment to amend the Central Point UGB and revise the UGBMA.
Based on evidence and testimony submitted, including the record of
proceedings for the JCPC, the Board of Commissioners by motion and
vote approved the application.
C. Following first and second readings of the ordinance on April 25, 2021
and May 12, 2021, the Board of County Commissioners voted 3-0 to
adopt Ordinance No. 2020-1 approving the UGB amendment and
revisions of the UGBMA.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. The City incorporates and adopts Jackson County Ordinance No. 2021-
1 (Exhibit 1) and record of proceedings in its entirety as a supplement to the City’s
decision and record. Exhibit 1 and the County’s exhibit schedule (Exhibit 2) are
attached and incorporated herein.
Section 2. The City of Central Point and Jackson County by Ordinances 2073 and
2021-1 conclude that the City has met the burden of proof to expand its Urban
Growth Boundary by approximately 444 acres in compliance with State, County
and City regulations.
7.A.a
Packet Pg. 13 Attachment: Draft Ordinance Clarifying and Aligning the Record [Revision 2] (1427 : Ordinance Adopting UGB Amendment Revision)
Pg. 2 Ordinance No. ____________ (__/__/___)
Section 3. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word Ordinance may be changed to “code”, “article”, “section”,
“chapter”, or other word, and the sections of this Ordinance may be renumbered,
or re-lettered, provided however that any Whereas clauses and boilerplate
provisions need not be codified and the City Recorder is authorized to correct any
cross references and any typographical errors.
Section 4. Effective Date. The Central Point City Charter states that an ordinance
enacted by the council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.A.a
Packet Pg. 14 Attachment: Draft Ordinance Clarifying and Aligning the Record [Revision 2] (1427 : Ordinance Adopting UGB Amendment Revision)
Exhibit 1
7.A.b
Packet Pg. 15 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 16 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 17 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 18 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 19 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 20 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 21 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 22 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 23 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 24 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 25 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 26 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 27 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 28 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 29 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 30 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 31 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 32 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.b
Packet Pg. 33 Attachment: Board Ordinance No. 2021-1 (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.c
Packet Pg. 34 Attachment: County Exhibit Schedule (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.c
Packet Pg. 35 Attachment: County Exhibit Schedule (1427 : Ordinance Adopting UGB Amendment Revision)
7.A.c
Packet Pg. 36 Attachment: County Exhibit Schedule (1427 : Ordinance Adopting UGB Amendment Revision)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: June 24, 2021
SUBJECT: Ordinance No. _______, An Ordinance Establishing the Good Fortune
Preferential Parking District No. 1 and Declaring an Emergency
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Council recently adopted Ordinance No. 2074 allowing for the establishment of preferential
parking districts, codified as Chapter 10.14 of the Central Point Municipal Code. Individual
parking districts may be established by Council at its discretion or upon receipt of a petition
signed by the requisite number of residents or merchants of a proposed parking district.
Staff has been dealing with a renewal of issues at Peninger Road and Good Fortune Drive
resulting in significant noise, trash and blockage of public right-of-way as well as a difficulty of
hotels and motels within the proposed district to accommodate overnight parking for guests
driving oversized vehicles.
In an effort to manage these issues, Council directed staff to bring back an ordinance creating a
preferential parking district for this area. The parking district would help to manage the use of
the public right-of-way, would encourage tourism in that overnight guests with large vehicles
could be better accommodated, and would reduce other conflicts in this area.
At its June 10 meeting, Council made a motion to move the Ordinance to a second reading. In
the meantime, the City is continuing to receive repeated calls from businesses in the area
regarding vehicles parking long-term in the Good Fortune area, public urination, excessive trash
along sidewalks and related issues appearing to result from the unregulated parking in this area.
As a result, staff recommends that Council declare emergency adoption of this ordinance which
is necessary for the immediate preservation of the public peace, health and safety. In doing so,
it will enable staff to begin dealing with the parking issues and attendant issues that have
developed, immediately, rather than wait an additional 30-days for ordinance effectiveness.
FINANCIAL ANALYSIS:
Significant costs or revenues will not be generated by the cost of a parking district.
7.B
Packet Pg. 37
LEGAL ANALYSIS:
Creation of parking districts is authorized by C.P.M.C. Chapter 10.14.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point 2040 Strategic Plan
Strategic Priority – Responsible Governance
GOAL 5 - Continue to develop and foster the city’s community policing program.
STRATEGY 1 – Build relationships with the community through interactions with local agencies,
stakeholders, and members of the public, creating partnerships and programs for reducing
crime and disorder.
STAFF RECOMMENDATION:
Approve Ordinance as presented.
RECOMMENDED MOTION:
I move to Approve Ordinance No. _______, an Ordinance Establishing the Good Fortune
Preferential Parking District No. 1 and Declaring an Emergency.
ATTACHMENTS:
1. Peninger Rd Parking Distrct Ord Exh A
2. Ord Adopting Good Fortune Parking District
7.B
Packet Pg. 38
Attachment A
GOOD FORTUNE ST
7.8.a
Packet P9.39
RD
E. PINE ST
LARUE DR
oE
EUo
=zutI
N
A 0 0.025 0.05 0.1 Miles
7.B.a
Packet Pg. 39 Attachment: Peninger Rd Parking Distrct Ord Exh A (1424 : Ordinance Establishing the Good Fortune Preferential Parking District and
______________________________________________________________________________
1 | Ordinance No. _____; June 24, 2021
ORDINANCE NO. _____
AN ORDINANCE ESTABLISHING THE GOOD FORTUNE PREFERENTIAL
PARKING DISTRICT NO. 1 AND DECLARING EMERGENCY ADOPTION
(AMENDED AT SECOND READING TO INCLUDE LARUE DRIVE)
RECITALS:
A. Pursuant to CPMC, Chapter 10.14, the City Council, may from time to time
create preferential parking districts within the City.
B. The purpose of the Good Fortune Parking District No. 1 is to reduce noise,
litter and blockage of public right-of-way and to ensure that
owners/operators of hotel/motel establishments within the district can
equitably allocate parking for overnight guests of such businesses.
C. The Ordinance establishes the parking restrictions within the district without
a permit.
D. The Council finds that emergency adoption of the Ordinance is necessary
to deal with immediate and ongoing issues involving extended parking and
attendant issues associated therewith such as public urination and
accumulation of garbage.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Good Fortune Preferential Parking District No. 1
A. Purpose. The Purpose of the Good Fortune Preferential Parking District No. 1
is to reduce noise, litter and blockage of the public right-of-way, and to ensure
adequate parking for hotel/motel guests within this district.
B. Boundary Description. The area bounded as described below shall be
designated the Good Fortune Parking District No. 1:
Beginning at the intersection of Peninger Road and Pine Street, south
to Larue Drive, then west for the entire length of Larue Drive to its terminus,
then continuing from Larue Drive south along Peninger Road to Good Fortune
Drive, then east along Good Fortune Drive from Peninger Road to its terminus
as further depicted on the map as Exhibit “A” incorporated herein by reference.
C. Parking Restrictions. The Director of Public Works or his designee is
authorized to impose the parking restrictions identified in this section, issue parking
permits, and post and maintain permit parking signs in the District. Parking without a
permit on streets within the District shall be subject to the following parking
restrictions:
7.B.b
Packet Pg. 40 Attachment: Ord Adopting Good Fortune Parking District [Revision 1] (1424 : Ordinance Establishing the Good Fortune Preferential Parking
______________________________________________________________________________
2 | Ordinance No. _____; June 24, 2021
1. Parking in the District between the hours of 6am to 11:59pm is restricted
to 4-hours.
2. Overnight parking between the hours of 12am to 5:59am is prohibited.
D. Eligible Permit Holders. Owners or operators of hotel/motel businesses within
the District may apply to the City for parking permits. Hotel/motel Merchants may issue
permits to their overnight guests to accommodate overnight parking.
SECTION 2. The City Recorder is authorized to correct any cross-references and any
typographical errors.
SECTION 3. EMERGENCY. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is declared to exist,
and this Ordinance takes effect on its passage.
PASSED by the Council and signed by me in authentication of its passage this
____ day of June, 2021.
________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
7.B.b
Packet Pg. 41 Attachment: Ord Adopting Good Fortune Parking District [Revision 1] (1424 : Ordinance Establishing the Good Fortune Preferential Parking
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: June 24, 2021
SUBJECT: Resolution No. _______, Resolution Setting Preferential Parking District
Fees and Fines
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Council established the process to create preferential parking districts via Ordinance No. 2074,
codified as Chapter 10.14 of the Central Point municipal code. The ordinance provides that the
fee for issuance of permits is to be established by resolution and sets a default amount of
$25.00 in the absence of a resolution setting forth the fee.
The Ordinance further provides that the fine for violation of the parking restrictions within a
preferential parking district are to be established by resolution.
On June 10, 2021, Council moved to a second reading an Ordinance establishing the Good
Fortune Preferential Parking District, which is the first preferential parking district within the
City. As the cost to manage the parking district is not yet fully known, and the nature of this
parking district will be such that the City will issue single use parking hangtags to be distributed
by hotels within the district to certain hotel guests, staff is recommending an initial fee of $25.00
for 100 hangtags. Staff intends to track its costs, and if it determines that this fee should be
adjusted, will come back to Council at a future date recommending a revised permit fee.
Staff recommends that the penalty for violation of parking restrictions within a parking district
be set at $250.00. Staff recommends this amount as it is significant enough to encourage
compliance with the parking restrictions within a preferential parking district. This is essential in
that parking districts are likely only to be utilized where conflicts with parking and neighboring
residents or businesses have become significant and difficult to manage. Further to ensure the
efficacy of such districts, the City is likely to spend significant staff time initially enforcing these
rules.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
7.C
Packet Pg. 42
Council reserved the right to establish the permit fee and fines by Ordinance No. 2074
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Staff recommends approval.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, a resolution setting preferential parking district fees
and fines.
ATTACHMENTS:
1. RESO Establishing Parking District Fees and Fines
7.C
Packet Pg. 43
Resolution No. _________ (6/24/2021)
RESOLUTION NO. ___________
A RESOLUTION SETTING PREFERENTIAL
PARKING DISTRICT FEES AND FINES
Recitals:
A. In 2021 the City Council adopted Ordinance 2074 establishing the process for
creation of preferential parking districts, codified in CPMC Chapter 10.14.
B. CPMC 10.14.080 provides that the cost for issuance of preferential parking district
permits shall be established by Council resolution, and in the absence of Council
resolution the default fee shall be $25.00.
C. CPMC 10.14.100.A provides that parking in violation of parking restrictions within
a preferential parking district is an infraction punishable by a fine; such fine to be
established by Council resolution.
D. Council desires to establish certain fees and fines for preferential parking districts
as provided in Ordinance 2074.
E. Council desires to establish the permit fee for the Good Fortune Preferential
Parking District which may be modified in the future as Council assesses the cost
to the City for maintenance of such preferential parking district programs.
F. Council desires to establish the fine for violation of parking restrictions within a
preferential parking district as provided in CPMC 10.14.100
The City of Central Point Resolves as follows:
Section 1. Permit fees for the Good Fortune Preferential Parking District shall be as
follows, unless adjusted by Council in the future:
$25 for 100 hang-tag parking permits
Section 2. As provided in CPMC 10.14.100.A, upon conviction, the fine for parking or
standing a motor vehicle in violation of the parking restrictions in a designated preferential
parking district shall be $250 for each separate violation. A person is guilty of a separate
infraction for each and every day, or portion of a day, during which a violation of any
parking restrictions is committed, continued or permitted by any such person.
7.C.a
Packet Pg. 44 Attachment: RESO Establishing Parking District Fees and Fines (1433 : Resolution Establishing Parking District Fees and Fines)
Resolution No. _________ (6/24/2021)
Passed by the Council and signed by me in authentication of its passage this
______ day of ____________, 2021.
________________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
7.C.a
Packet Pg. 45 Attachment: RESO Establishing Parking District Fees and Fines (1433 : Resolution Establishing Parking District Fees and Fines)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: June 24, 2021
SUBJECT: Resolution No. ______, A Resolution of the City of Central Point
Approving a 2019-21 Supplemental Budget
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Oregon Revised Statutes allow for changes to a budget after adoption when various events
occur. More specifically, ORS 294.463 Transfers of Appropriations Within Fund or Between
Funds allows for the transfers of appropriation authority between expenditure categories within
a fund or between different funds upon approval of the governing body of a municipal
corporation. Also, ORS 294.471 Supplemental Budget in certain cases; no increase in property
taxes permitted. (1) Notwithstanding requirements as to certain estimates of and limitation on
expenditures, during the fiscal year or budget period for which the original budget was adopted,
the governing body may make one or more supplemental budgets under certain circumstances.
One such circumstance is an occurrence or condition that is not ascertained when preparing the
original budget or a previous supplemental budget for the current year or current budget period
and that requires a change in financial planning.
The circumstances that require this budget adjustment fall under the ORS sections described
above. The budget adjustment for the Police Department is for their continued partnership with
Community Works for an on-site domestic violence victim advocate. This partnership is made
possible through the successful award of a grant through the Department of Justice, which was
awarded to the Police Department after the 2019-21 biennial budget was adopted. There was a
previous supplemental budget (Resolution No. 1656) to recognize unanticipated revenue and
expense amounts of $87,470. This resolution will recognize an additional $60,000 of
unanticipated revenue and expenses related to this grant.
The second circumstance that requires a budget adjustment is staffing reassignments within the
Public Works Department. At different times throughout the current biennium staff members
were reassigned to different operating functions of the department which had different cost
centers than originally budgeted for in the 2019-21 biennial budget. As a result, personal
services budget amounts need to be adjusted within the Street, Water, Stormwater, and Internal
Services Funds. Although overall personal services budget amounts were not increased in
total, there was an increase in both the Street ($100,000) and Stormwater ($200,000) Funds
with a corresponding reduction in the Water ($135,000) and Internal Services ($165,000) Funds.
7.D
Packet Pg. 46
The next circumstance that requires a budget amendment is the completion of the Don and Flo
Bohnert Farm Park. This project was budgeted to be completed during the 2017-19 biennial
budget, however, completion of the project and finalization of the grant received from the State
of Oregon related to the project carried over to the early months of the 2019-21 biennial budget.
To account for this, a transfer of appropriation from the Transfers Out expenditure category and
an increase in the Capital Outlay category is contained in this resolution. There is no change to
the overall total budgeted fund expenditures.
The last circumstance that requires a budget adjustment is the Contract/Professional Services
line item in the Building Fund. Due to the increase in building activity, both commercial and
residential, in the City during the 2019-21 biennial budget period a corresponding increase in
the use of a contracted electrical inspector has been needed. A contracted Building Official has
also been utilized for staff coverage during off-site trainings and/or staff vacations. Although the
increase in building activity has resulted in much higher revenue than was budgeted, staff feels
that an appropriation transfer from the Personal Services expenditure category to the Materials
& Services expenditure category is an appropriate budget adjustment.
FINANCIAL ANALYSIS:
With the adoption of the changes contained in this supplemental budget ($360,000) and
previously adopted budget amendments the 2019-21 biennial budget will increase to
$70,097,784. The originally adopted 2019-21 budget was $67,183,859.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
N/A
STAFF RECOMMENDATION:
Approve resolution as presented.
RECOMMENDED MOTION:
I move to approve Resolution No. _____ a resolution approving a 2019-21 supplemental
budget.
ATTACHMENTS:
1. RESO Supplemental Budget #4 2019-21
7.D
Packet Pg. 47
Resolution No. ___________ (062421)
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF CENTRAL POINT
APPROVING A 2019-21 SUPPLEMENTAL BUDGET
Recitals:
A. ORS 294.471 (1) (c) allows the governing body to adopt a supplemental budget when
funds are made available by another of federal, state or local government and the
availability of which could not reasonably be foreseen when preparing the original
budget or a previous supplemental budget for the current year or current budget
period.
B. ORS 294.463 (1) and (3) allows the transfers of appropriations within fund or between
funds when authorized by ordinance or resolution of the governing body. The
ordinance or resolution must state the need for the transfer, the purpose of the
authorized expenditure and the amount transferred.
C. The City of Central Point Police Department was awarded a victim’s advocate grant
through the Department of Justice and partnered with Community Works. During
the current biennium grants receipts and expenditures have totaled $60,000.
D. Throughout the biennium, the Public Works department had multiple reassignment
of staff to different functions areas. As a result, budgeted personal service amounts
within the Street, Water, Stormwater, and Internal Services Funds need to be
adjusted to account for these reassignments. Overall Personal Services budget
amounts were not increased in total, however, there was an increase in both the
Street ($100,000) and Stormwater Funds ($200,000) with a corresponding reduction
in the Water ($135,000) and Internal Services Funds ($165,000).
E. The Don and Flo Bohnert Farm Park was budgeted to be completed during the
2017-19 biennial budget period, however, costs associated with the project were
finalized early in the 2019-21 biennial budget. In order to stay within budget
compliance for this fund, a transfer of appropriation from the Transfers Out
expenditure category and an increase in the Capital Outlay expenditure category is
necessary. There is no change to the total budgeted fund expenditures.
F. Due to the increase in building activity, both commercial and residential, during the
2019-21 biennial budget period, the Building Department has had an increase in
electrical inspection services. A contracted Building Official was also used for staff
coverage during offsite training and/or staff vacations. The increase in building
activity has resulted in increased revenue, however, staff feels an appropriation
transfer from the Personal Services expenditure category to the Materials &
Services expenditure category is an appropriate budget adjustment.
The City of Central Point resolves as follows:
7.D.a
Packet Pg. 48 Attachment: RESO Supplemental Budget #4 2019-21 (1434 : Supplemental Budget #4 2019-21)
Resolution No. ___________ (062421)
Section 1.
Adjusted
Budget Revenues Expenses Budget
General Fund 33,206,840$ 33,206,840$
Government Grants 506,995$ 60,000$ 566,995$
Police 10,718,335$ 60,000$ 10,778,335$
General Fund - Revised 33,266,840$ 33,266,840$
Street Fund 10,901,840$ 10,901,840$
Transfers In -$ 100,000$ 100,000$
Personal Services 532,670$ 100,000$ 632,670$
Street Fund - Revised 11,001,840$ 11,001,840$
Capital Imp. Fund 1,117,650$ 1,117,650$
Capital Outlay 517,000$ 100,000$ 517,000$
Transfers Out 143,500$ (100,000)$ 43,500$
Capital Imp. Fund - Revised 1,117,650$ 1,117,650$
Building Fund 1,429,550$ 1,429,550$
Personal Services 475,390$ (25,000)$ 475,390$
Materials & Services 127,600$ 25,000$ 152,600$
Building Fund - Revised 1,429,550$ 1,429,550$
Water Fund 9,691,487$ 9,691,487$
Personal Services 1,661,705$ (135,000)$ 1,661,705$
Transfers Out -$ 135,000$ 135,000$
Water Fund - Revised 9,691,487$ 9,691,487$
Stormwater Fund 4,480,044$ 4,480,044$
Transfers In -$ 200,000$ 200,000$
Personal Services 170,000$ 200,000$ 370,000$
Stormwater Fund - Revised 4,680,044$ 4,680,044$
Internal Services Fund 3,452,985$ 3,452,985$
Personal Services 1,343,390$ (165,000)$ 1,343,390$
Transfers Out 50,000$ 165,000$ 215,000$
Internal Services
Fund - Revised 3,452,985$ 3,452,985$
7.D.a
Packet Pg. 49 Attachment: RESO Supplemental Budget #4 2019-21 (1434 : Supplemental Budget #4 2019-21)
Resolution No. ___________ (062421)
Passed by the Council and signed by me in authentication of its passage this 24th day of
June 2021.
Mayor Hank Williams
ATTEST
Deanna Casey, Recorder
7.D.a
Packet Pg. 50 Attachment: RESO Supplemental Budget #4 2019-21 (1434 : Supplemental Budget #4 2019-21)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: June 24, 2021
SUBJECT: Resolution No._______, Certifying the Provision of Municipal Services by
the City of Central Point, Oregon
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
This resolution certifies the provision of services provided by the City and is required by ORS
221.760 in order to receive State cigarette, liquor, and highway taxes. We have budgeted
$3,673,390 from these sources over the next two years.
This resolution is required by the State of Oregon to be adopted for the ensuing fiscal year.
Even though the State allows for the biennial budget process, cities are not allowed to adopt
these resolutions for a two year period.
FINANCIAL ANALYSIS:
Financial impact is stated in the background information above.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
N/A
STAFF RECOMMENDATION:
Approve resolution as presented.
RECOMMENDED MOTION:
I move to approve Resolution No. _____ a resolution certifying the provision of municipal
services by the City of Central Point, Oregon.
ATTACHMENTS:
1. Resolution 2021 Certifying Services
7.E
Packet Pg. 51
RESOLUTION NO._________
A RESOLUTION CERTIFYING THE PROVISION OF MUNICIPAL
SERVICES BY THE CITY OF CENTRAL POINT, OREGON
Recitals:
ORS 221.760 provides that for cities located within counties having population over 100,000
to receive state revenues from cigarette, gas and liquor taxes, the State of Oregon must be
satisfied that the City provides certain municipal services.
Therefore, the City of Central Point resolves as follows:
That the citizens of Central Point are provided the following services;
Police protection
Street construction, maintenance and lighting
Storm sewers
Planning, zoning and subdivision control
Water utilities
Passed by the Council and signed by me in authentication of its passage this 24th
Day of June 2021.
__________________________________
Mayor Hank Williams
ATTEST:
_________________________
City Recorder
7.E.a
Packet Pg. 52 Attachment: Resolution 2021 Certifying Services (1429 : Resolution Certifying Municipal Services)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: June 24, 2021
SUBJECT: Resolution No. _______, A Resolution Approving Appointments and
Adopting General Procedures for Fiscal Year 2021-2022
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Each fiscal year, the City Council considers a general procedures resolution which appoints
specific individuals or firms to represent the City in the capacity of: City Attorney, City Engineer,
City Auditor, Municipal Judge, and Insurance Agent of Record. Furthermore, the general
procedures resolution establishes and regulates procedures regarding the following: City
Council expenses; designation of depository; authority to keep, invest, transfer, and expend
funds; accounting procedures; interfund and overhead fees; outstanding checks; and capital
acquisitions.
The attached general procedures resolution recommends no significant changes for the 2021-
2022 fiscal year.
FINANCIAL ANALYSIS:
Budgetary appropriations for the contracted services referenced in the 2021-2022 general
procedures resolution are included in the City of Central Point 2021-2023 biennial budget. More
specifically, these costs are generally contained in individual department line items for
contracted and professional services. The only exception would be the budget appropriation for
insurance premiums which has an individual line item in the interdepartmental portion of the
General fund budget.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
N/A
STAFF RECOMMENDATION:
Approve the resolution as presented.
RECOMMENDED MOTION:
7.F
Packet Pg. 53
I move to approve Resolution No. _____ A Resolution Approving Appointments and Adopting
General Procedures for Fiscal Year 2021-2022.
ATTACHMENTS:
1. General Procedures Resolution 2021-2022
7.F
Packet Pg. 54
RESOLUTION NO. _______
A RESOLUTION APPROVING APPOINTMENTS AND ADOPTING GENERAL
PROCEDURES
FOR FISCAL YEAR 2021-2022
RECITALS:
A. The Central Point City Council deems it appropriate to authorize certain appointments and
procedures relating to City administration, budget, and fiscal management for fiscal year
2021-2022.
The City of Central Point resolves as follows: For the fiscal year 2021-2022, the following appointments
are hereby made; the following policies and procedures are imposed, and the same are hereby adopted:
Section 1. Appointments.
A. Insurance Agent of Record. Brown & Brown Northwest is hereby appointed to continue
as Insurance Agent of Record for the City for property, general liability, vehicle liability,
workers compensation and bond insurance through June of 2022.
B. City Attorney. Sydnee Dreyer of Jarvis, Dreyer, Glatte & Larsen, LLP is hereby appointed
to the office of City Attorney and is designated as a sworn officer under the terms of the
legal services contract through June 2022.
C. Municipal Judge. Jackson County Justice of the Peace, Damian Idiart, is hereby appointed
as Municipal Court Judge under the terms of the intergovernmental agreement between
the City of Central Point and Jackson County through June 2022.
D. City Auditor. Isler Certified Public Accountants is hereby appointed as City Auditor through
June 2022 pursuant to statutes requiring independent fiscal audit of the City, and subject
to the contract for Audit of an Oregon Municipality.
E. City Engineer. Jeff Ballard with RH2 Engineering Inc. is hereby appointed as City
Engineer of the City of Central Point under the terms of the contract through June 2022.
Section 2. Council Expenses.
City Council members may elect to receive compensation of $150 per month, and the Mayor may
elect to receive compensation of $250 per month. In addition to said compensation,
reimbursement may also be made to the Mayor or Council members for actual expenses incurred
while on official City business.
Section 3. Designation of Depository.
Any Central Point branch of an FDIC insured bank, the State of Oregon Local Government
Investment Pool, and all successors in interest to those institutions are each hereby designated
as depositories for City funds, and the Finance Director or designee may deposit monies
belonging to the City in any or all of said institutions in accordance with applicable law until further
order of the City Council.
7.F.a
Packet Pg. 55 Attachment: General Procedures Resolution 2021-2022 (1431 : Approving Appointments and Adopting General Procedures)
Section 4. Authority to Keep, Invest, Transfer and Expend Funds
A. The Finance Director or designee is hereby authorized to invest any surplus funds in
accordance with ORS 294.035 and ORS 294.810, in such investments as are authorized
by said statutes, and to transfer funds from one account to another.
B. The Finance Director or designee is hereby authorized to establish a petty cash fund with
a balance not to exceed $2,000. The fund may be used to maintain cash drawer change
funds and provide for miscellaneous expenditures not to exceed $100 per transaction;
except that upon approval of the City Manager or the Finance Director a maximum
expenditure of $200 per transaction may be made.
C. The City Manager or designee is authorized to expend funds in accordance with budget
appropriations. All revenues received and expenditures incurred by the City in
implementing the budget appropriations shall be reported to the Council. Such reports will
normally be made on a quarterly basis.
Section 5. Accounting Principles.
The City shall maintain its financial records in accordance with current generally accepted
accounting principles, and all applicable laws and regulations.
Section 6. Interfund and Overhead Fees.
Expenditures incurred by one fund for the benefit of another fund may be reimbursed in
accordance with acceptable accounting procedures as determined by the Finance Director.
Section 7. Outstanding Checks.
Outstanding checks stale dated will be handled in accordance with the abandoned property
provisions under ORS 98.352.
Section 8. Capital Acquisition.
Assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess
of two years shall be capitalized.
Passed by the Council and signed by me in authentication of its passage this _____ day of
_____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.F.a
Packet Pg. 56 Attachment: General Procedures Resolution 2021-2022 (1431 : Approving Appointments and Adopting General Procedures)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: June 24, 2021
SUBJECT: Resolution No. ______, Electing to Receive State Revenue Sharing
Funds for Fiscal Year July 1, 2021 - June 30, 2022
ACTION REQUIRED:
Motion
Public Hearing
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
This resolutions requests and qualifies the City under ORS 221.770 to receive $475,285 in state
revenue sharing funds for the 2021-22 fiscal year.
This resolution is required by the State of Oregon and can only be adopted for the ensuing fiscal
year. Even though the State allows for the biennial budget process, cities are not allowed to
adopt these resolutions for a two year period.
FINANCIAL ANALYSIS:
Financial impact stated in the background information above.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
N/A
STAFF RECOMMENDATION:
1) Hold a public hearing for citizens to ask questions or comment on the proposed use of
State revenue sharing funds, and for the purpose of allowing citizens to comment or ask
questions about the approved budget as a whole.
2) Approve the resolution as presented.
RECOMMENDED MOTION:
I move to approve resolution No. _____, a resolution receiving State revenue sharing funds for
fiscal year July 1, 2021 through June 30, 2022.
ATTACHMENTS:
7.G.A
Packet Pg. 57
1. Resolution 2021 State Revenue Sharing
7.G.A
Packet Pg. 58
RESOLUTION NO._______
A RESOLUTION ELECTING TO RECEIVE STATE REVENUE SHARING
FUNDS FOR FISCAL YEAR JULY 1, 2021 THROUGH JUNE 30, 2022
Recitals:
The State of Oregon sets forth requirements for eligibility of State Revenue Sharing funds.
The City of Central Point has qualified and desires to receive such funds.
Therefore, the City of Central Point resolves as follows:
Section 1. The City hereby elects to receive distribution under ORS 221.770 of the State
Revenue Sharing funds.
Section 2. The City hereby certifies as follows:
A. The City held a public hearing before the Budget Committee on May 3, 2021
at which time citizens had the opportunity to provide written and oral
comment to the City Council on the possible uses of State Revenue Sharing
funds.
C. The City held a second public hearing before the City Council on June 24,
2021, at which time citizens had the opportunity to provide written and oral
comment and ask questions of the City Council on the proposed use of State
Revenue Sharing funds for the biennial budget period of July 1, 2021 through
June 30, 2022.
D. The City levied a property tax for the year proceeding the year in which State
Revenue Sharing funds are sought hereunder and pursuant to ORS 471.810.
Section 3. A copy of this resolution shall be filed with the executive department of the
State of Oregon prior to July 31, 2021.
Passed by the Council and signed by me in authentication of its passage this 24th
day of June 2021.
____________________________
Mayor Hank Williams
ATTEST:
_________________________
City Recorder
7.G.A.a
Packet Pg. 59 Attachment: Resolution 2021 State Revenue Sharing (1428 : Resolution Receiving State Revenue Sharing Funds)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: June 24, 2021
SUBJECT: Resolution No. _____, Adopting the Budget; Make Appropriations and
Levy Taxes for the Biennial Budget Period July 1, 2021 through June 30,
2023
ACTION REQUIRED:
Motion
Public Hearing
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
On May 3rd and 10th the Central Point Budget Committee met to discuss the proposed 2021-23
biennial budget. The budget was approved to be presented to the City Council for formal
adoption. Total budget to be appropriated is $63,498,670 with a tax levy of $4.47 per thousand
dollars of assessed value.
FINANCIAL ANALYSIS:
State in background information above.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
1) Hold a public hearing for the purpose of allowing citizens to comment or ask questions
about the approved budget.
2) Approve the resolution as presented.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, A Resolution to Adopt the Budget; Make
Appropriations and Levy Taxes for the Biennial Budget Period July 1, 2021 through June 30,
2023
ATTACHMENTS:
1. 2021.23 Adopting Budget Resolution
7.G.B
Packet Pg. 60
RESOLUTION NO. _________
A RESOLUTION TO ADOPT THE BUDGET; MAKE APPROPRIATIONS
AND LEVY TAXES FOR THE BIENNIAL BUDGET PERIOD
JULY 1, 2021 THROUGH June 30, 2023
RECITALS:
A. Oregon statute (ORS 294.326) requires municipalities to prepare and adopt a
financial plan (budget) containing estimates of revenues and expenditures in
compliance with Oregon budget laws prior to making expenditures or tax
certification.
B. No increases were made to the proposed tax levy of the approved budget, nor were
any budget estimates increased more than 10% as limited by law.
C. A public hearing was duly held by the City Council of Central Point, Oregon on June
24, 2021 for the approved biennial budget in the amount of $63,498,670.
The City of Central Point resolves as follows:
To adopt the budget, make appropriations and levy taxes for the biennial budget period
beginning July 1, 2021 and ending June 30, 2023.
Section 1. Taxes and other receipts of the City of Central Point are hereby appropriated
for the purposes set forth below.
Fund/Object Classification Appropriation
General Fund
General Fund - Administration 1,847,595
General Fund - City Enhancement 363,000
General Fund - Technical Services 1,330,730
General Fund - Mayor & Council 159,980
General Fund - Finance 1,819,010
General Fund - Parks 2,474,505
General Fund - Recreation 1,113,300
General Fund - Planning 1,121,760
General Fund - Police 11,065,085
General Fund - Interdepartmental 3,244,705
Total General Fund 24,539,670
7.G.B.a
Packet Pg. 61 Attachment: 2021.23 Adopting Budget Resolution (1430 : Adopting the 2021-23 Biennial Budget)
Fund/Object Classification Appropriation
Street Fund
Street Fund - Operations/Capital Projects 7,117,515
Street Fund - SDC Capital Projects 817,000
Street Fund - Interdepartmental 2,557,420
Total Street Fund 10,491,935
Federal Stimulus Grant Fund
Fed. Stimulus Grant Fund – Materials & Services 450,000
Fed. Stimulus Grant Fund - Capital Projects 2,300,000
Fed. Stimulus Grant Fund - Interdepartmental 1,091,860
Total Federal Stimulus Grant Fund 3,841,860
Capital Improvements Fund
Capital Improvements Fund - Park SDC Capital Projects 100,000
Capital Improvements Fund - Interdepartmental 599,285
Total Capital Improvements Fund 699,285
Reserve Fund
Reserve Fund - Capital Projects 250,000
Reserve Fund - Interdepartmental 528,385
Total Reserve Fund 778,385
Debt Service Fund
Debt Service Fund - Debt Service 753,135
Debt Service Fund – Interdepartmental 57,730
Total Debt Service Fund 810,865
Building Fund
Building Fund - Personnel Services 609,845
Building Fund - Materials & Services 127,360
Building Fund - Interdepartmental 915,305
Total Building Fund 1,652,510
7.G.B.a
Packet Pg. 62 Attachment: 2021.23 Adopting Budget Resolution (1430 : Adopting the 2021-23 Biennial Budget)
Fund/Object Classification Appropriation
Water Fund
Water Fund -Operations/Capital Projects 9,676,800
Water Fund -SDC Water Improvements 255,000
Water Fund -Interdepartmental 1,429,455
Total Water Fund 11,361,255
Stormwater Fund
Stormwater Fund - Operations/Capital Projects 3,350,440
Stormwater Fund - Quality 205,000
Stormwater Fund -SDC Capital Projects 275,000
Stormwater Fund -Interdepartmental 2,121,065
Total Stormwater Fund 5,951,505
Internal Services Fund
Internal Services Fund- Facilities Maintenance 569,700
Internal Services Fund- Public Works Administration 1,546,515
Internal Services Fund- Fleet Maintenance 1,055,950
Internal Services Fund- Interdepartmental 199,235
Total Internal Services Fund 3,371,400
Total All Funds $63,498,670
Section 2. As authorized by law and the Charter of the City of Central Point, Oregon, there
is hereby levied upon the taxable property of said city as shown on the tax rolls of Jackson
County, Oregon, for the biennial budget period which includes fiscal years 2021/22 through
2022/23, the rate of $4.47 per $1,000 of assessed valuation for general government purposes,
as follows:
Subject to Not Subject to
General Government Measure 5 Limits Measure 5 Limits Total
TOTAL LEVY $4.47 $4.47
7.G.B.a
Packet Pg. 63 Attachment: 2021.23 Adopting Budget Resolution (1430 : Adopting the 2021-23 Biennial Budget)
Section 3. The Finance Director is hereby authorized to enter the appropriation for each
organizational unit, program, and division of the budget separately on the proper books
and records as prescribed by law; and is further directed to certify to the Assessor of Jackson
County, Oregon, the levy of taxes of the City of Central Point, Oregon, and to take all other
steps with regard to said budget and levy as required by law.
Passed by the Council and signed by me in authentication of its passage
on June 24, 2021.
___________________________
Mayor Hank Williams
ATTEST:
_________________________
City Recorder
7.G.B.a
Packet Pg. 64 Attachment: 2021.23 Adopting Budget Resolution (1430 : Adopting the 2021-23 Biennial Budget)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Justin Gindlesperger, Community Planner II
MEETING DATE: June 24, 2021
SUBJECT: First Reading, an Ordinance Amending Central Point Municipal Code
Chapter 8.24 Flood Damage Prevention(File No. ZC-21002)
ACTION REQUIRED:
Motion
Public Hearing
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City first began floodplain management in 1982 with the adoption of Flood
Insurance Rate Maps (FIRM) and participation in the National Flood Insurance
Program (NFIP). The City’s floodplain management program supports community
resiliency through preventive and corrective measures. These measures include
requirements for zoning, subdivisions, buildings and building codes, and the overall
floodplain environment.
The NFIP makes Federal flood insurance available in Central Point in exchange for
the City’s adoption and enforcement of floodplain regulations that meet or exceed the
minimum standards set forth in the Code of Federal Regulations. As a result of
changes in minimum requirements and “best practices” at the state and federal levels,
it is both appropriate and necessary to update Chapter 8.24 of the Central Point
Municipal Code.
The proposed amendments are based on the State’s Model Flood Damage Prevention
Code (“Model Code”), with modifications to include code language acceptable to
FEMA. The proposed amendments are organizational and they provide updates to
the floodplain management standards, including clarification between affiliated codes
(i.e. Building Codes, Zoning Ordinance, etc..), and will not affect overall
implementation of the floodplain management program.
The Planning Commission considered the code amendments at the June 1, 2021
meeting and forwarded a favorable recommendation to Council to approve the
proposed amendments. The Planning Commission decision considered the Citizen
Advisory Committee’s (CAC) recommendation to approve the amendments at the April
13, 2021 meeting. Comments and discussion with the Planning Commission and CAC
7.G.C
Packet Pg. 65
highlighted the proposed amendments will not affect implementation of the floodplain
management program, are necessary to maintain good-standing within the federal
programs, and will provide additional safety from flooding hazards.
FINANCIAL ANALYSIS:
The proposed code amendments do not generate additional cost to the City beyond
in-kind staff expense.
LEGAL ANALYSIS:
The primary issues to be considered and discussed at the meeting will be related to
CPMC 17.10.400. A decision for a text amendment shall be based on approval
criteria, applicable regulations and factual evidence in the record. A decision may be
for denial, approval or approval with conditions.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
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:
Conduct a duly noticed public hearing and first reading of the ordinance for proposed
floodplain management amendments and forward the Ordinance to a second reading
with or without changes.
RECOMMENDED MOTION:
I move to forward the Ordinance approving amendments to Chapter 8.24 – Flood
Damage Prevention of the Central Point Municipal Code to a second reading at the
July 8, 2021 Council Meeting.
ATTACHMENTS:
1. Planning Commission Resolution No. 891
2. Ordinance_Draft - 06242021
7.G.C
Packet Pg. 66
7.G.C.a
Packet Pg. 67 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
PLANNING DEPARTMENT FINDINGS OF FACT AND CONCLUSIONS OF LAW
File No.: ZC-21002 Text Amendments to Central Point Municipal Code Chapter 8.24, Flood Damage Prevention to comply with National Flood Insurance Program (NFIP) standards
and the Community Rating System (CRS) program requirements. Applicant: ) Findings of Fact City of Central Point ) and 140 South 3rd Street ) Conclusion of Law
Central Point, OR 97502
PART 1 INTRODUCTION
The proposed text amendment aims to provide consistency with Federal and
State guidance and implement improved base floodplain management standards to promote a safer community. The zone text amendment request is a legislative amendment, which is
processed using Type IV application procedures. Type IV procedures set forth in
Section 17.05.500 provides the basis for decisions upon standards and criteria in the development code and the comprehensive plan, when appropriate. Applicable development code criteria for this Application include CPMC 17.10,
which includes compliance with the statewide planning goals, comprehensive
plan and Transportation Planning Rule. The amendment’s compliance with applicable criteria are presented in Part 2 and summarized in Part 3.
PART 2 - ZONING CODE COMPLIANCE
17.10.200 Initiation of amendments.
A proposed amendment to the code or zoning map may be initiated by either:
A. A resolution by the planning commission to the city council;
B. A resolution of intent by the city council; or for zoning map amendments;
C. An application by one or more property owners (zoning map amendments only), or their agents, of property affected by the proposed amendment. The
amendment shall be accompanied by a legal description of the property or
properties affected; proposed findings of facts supporting the proposed amendment, justifying the same and addressing the substantive standards for such an amendment as required by this chapter and by the Land Conservation and Development Commission of the state. (Ord. 1989 §1(part), 2014).
EXHIBIT 1
7.G.C.a
Packet Pg. 68 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 2 Ordinance No. ____________ (__/__/___)
Finding CPMC 17.10.200: The Planning Commission is being asked to consider Resolution No. 891 to forward a favorable recommendation to the
City Council regarding proposed changes to Central Point Municipal Code
(CPMC) Chapter 8.24, Flood Damage Prevention.
Conclusion 17.10.200: Consistent.
17.10.300 Major and minor amendments. There are two types of map and text amendments:
A. Major Amendments. Major amendments are legislative policy decisions that
establish by law general policies and regulations for future land use decisions, such as revisions to the zoning and land division ordinance that have widespread and significant impact beyond the immediate area. Major amendments are reviewed using the Type IV procedure in Section 17.05.500.
B. Minor Amendments. Minor amendments are those that involve the application
of adopted policy to a specific development application, and not the adoption of new policy (i.e., major amendments). Minor amendments shall follow the Type III procedure, as set forth in Section 17.05.400. The approval authority shall be the city council after review and recommendation by the planning commission. (Ord.
1989 §1(part), 2014; Ord. 1874 §3(part), 2006).
Finding CPMC 17.10.300: The proposed amendments are legislative
changes to land use regulations in CPMC 8.24. Although the changes
consist of corrections and minor adjustments to land use regulations, they qualify as a Major Amendment and have been processed in accordance with
Type IV procedures in CPMC 17.05.500.
Conclusion CPMC 17.10.300: Consistent.
17.10.400 Approval criteria. A recommendation or a decision to approve, approve with conditions or to deny an application for a text or map amendment shall be based on written findings
and conclusions that address the following criteria:
A. Approval of the request is consistent with the applicable statewide planning goals (major amendments only);
Finding CPMC 17.10.400 (A): The proposed amendments have been reviewed against the Statewide Planning Goals and found to comply as
follows:
Goal 1- Citizen Involvement. This goal requires that all citizens be given
the opportunity to be involved in all phases of the planning process. As
evidenced by the land use notifications in the newspaper on 5-22-2021, notice to DLCD on April 14, 2021 and advertisement on the City’s website
7.G.C.a
Packet Pg. 69 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 3 Ordinance No. ____________ (__/__/___)
(www.centralpointoregon.gov/projects), the City has duly noticed the application as necessary to allow the opportunity for citizen participation in
the public hearings scheduled with the Planning Commission (6-1-2021)
and City Council (6-24-2021) for the proposed text changes consistent
with Goal 1.
Goal 2 – Land Use Planning. Goal 2 addresses the land use planning procedures in Oregon, including the need to adopt comprehensive plans
and implementing ordinances based on factual information. The proposed
amendments are consistent with existing policy in the comprehensive plan
and are aimed at correcting conflicts between current standards and
Federal and State guidance for best management practices in floodplain management. The proposed changes are based on factual information
from the municipal code and guidance documents consistent with Federal
standards.
Goal 3 – Agricultural Lands. Goal 3 addresses agricultural land within
rural areas. The proposed text amendments do not affect agricultural lands or agricultural buffers that would be required adjacent to agricultural
lands outside the urban growth boundary. On this basis, Goal 3 does not
apply to the proposed text amendments.
Goal 4 – Forest Lands. Goal 4 addresses forest lands within rural areas.
The proposed text amendments do not affect forest lands or lands adjacent to forest lands; therefore, Goal 4 does not apply.
Goal 5 – Open Spaces, Scenic and Historic Areas, and Natural
Resources. Goal 5 establishes a process for each natural and cultural
resource to be inventoried and evaluated. If deemed to be significant,
local governments may preserve, allow uses that conflict with the resource, or allow a combination of the two. In Central Point, floodplains
and historic structures have been inventoried, and ordinances have been
adopted to minimize impacts to each. The proposed text amendments
identify policies and actions that can be implemented to further reduce
flood losses and provide additional protection to City residents from the dangers of flooding.
Goal 6 – Air, Water and Land Resources Quality. Goal 6 requires local
comprehensive plans and implementing ordinances to comply with state
and federal regulations on air, water and land quality resource
requirements. The proposed amendments are consistent with state and federal guidance on implementing regulations for areas within the
floodplain, including the stream channels, banks and upland areas.
Goal 7 – Areas Subject to Natural Hazards. Goal 7 requires appropriate
safeguards when planning for development in floodplains or other areas
7.G.C.a
Packet Pg. 70 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 4 Ordinance No. ____________ (__/__/___)
subject to natural hazards. In Central Point, floodplain development is regulated in accordance with CPMC 8.24, Flood Damage Prevention.
Earthquake and fire safety is a function of building and fire codes. The
proposed amendments strengthen the standards set forth in CPMC 8.24,
and would not impede or otherwise conflict with the building code or fire
code as necessary to protect against flood, earthquake, or fire damages.
Goal 8 – Recreational Needs. This goal requires communities to inventory
existing parks and recreational facilities, and to project the needed
facilities to serve all populations within the community. Amending
standards and regulations for development within the floodplains of
Central Point not generate any additional need for parks and recreation services.
Goal 9 – Economy of the State. Goal 9 addresses diversification and
improvement of the economy and specifically addresses commercial and
industrial land. The proposed amendments would affect development on
land within the floodplains, but the amendments are consistent with Goal 9 as it strengthens the standards for development and reduces impacts and
dangers from flooding.
Goal 10 – Housing. Goal 10 requires local communities to plan for and
accommodate housing needs in the City. The proposed amendments
constitute minor adjustments and clarifications to floodplain development standards. As such, the proposed text amendments are not expected to
have impacts on housing needs in the City.
Goal 11 – Public Facilities and Services. Goal 11 calls for efficient
planning of public services such as sewer, water, law enforcement and fire
protection to assure that public services are planned in accordance with a community’s needs and capacities rather than to be forced to respond to
development as it occurs. Public facilities and services are planned in
accordance with the Comprehensive Plan Public Facilities Element and
updated master plans for water, stormwater, etc. The proposed
amendments will not affect the provision of services or generate additional need for services not already planned for.
Goal 12 – Transportation. Goal 12 aims to provide a safe, convenient and
economic transportation system. The proposed amendments constitute
minor adjustments and clarifications to floodplain development standards.
As such, the proposed text amendments are not expected to have impacts on transportation facilities.
Goal 13 – Energy. Goal 13 has to do with conserving all forms of energy.
The proposed amendments constitute minor adjustments and clarifications
7.G.C.a
Packet Pg. 71 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 5 Ordinance No. ____________ (__/__/___)
to floodplain development standards. As such, the proposed text amendments are not expected to increase energy utilization.
Goal 14 – Urbanization. Goal 14 has to do with managing the City’s
growth in conjunction with project need based on population and land use.
The proposed amendments will not affect population growth or land need;
therefore, Goal 14 does not apply.
Goals 15- Applies to the Willamette Valley and does not apply to the City
of Central Point.
Goals 16-19 - Applies to coastal areas and does not affect the City of
Central Point.
Conclusion CPMC 17.10.400(A): Based on the nature of the proposed amendments and the findings above, the proposed changes to CPMC 8.24
are consistent with all applicable Statewide Planning Goals.
B. Approval of the request is consistent with the Central Point comprehensive plan (major and minor amendments);
Finding CPMC 17.10.400 (B): A review of the Central Point Comprehensive Plan identified the following relevant policies:
Citizen Involvement:
Policy 3 – Citizen Influence. Whenever possible, citizens shall be given
the opportunity to be involved in all phases of the planning process,
including (1) data collection, (2) plan preparation, (3) adoption, (4) implementation, (5) evaluation, and (6) revision.
Finding Citizen Involvement Policy 3 – Citizen Influence: The proposed
text amendments are being initiated by the City based on guidance from
FEMA and the State of Oregon to maintain consistency with National Flood Insurance Program (NFIP) standards and minimum requirements in
the Community Rating System (CRS). To promote awareness of the
proposed amendments, the City published notice of two (2) duly public
hearings that have been scheduled with the Planning Commission
(6/1/2021) and City Council (6/24/2021) to receive testimony. In addition to publishing notice in the newspaper on May 22, 2021, notice was provided
to DLCD and information was posted on the City’s website
(www.centralpointoregon.gov/projects).
Conclusion Citizen Involvement Policy 3 – Citizen Influence: As evidenced by the City’s collaboration with the state and federal agencies and efforts
to promote awareness of the proposed amendments and public
7.G.C.a
Packet Pg. 72 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 6 Ordinance No. ____________ (__/__/___)
involvement process, the proposed amendment was processed in accordance with Policy 3 for Citizen Involvement.
Policy 4 – Technical Information. The City will assure that all information
used in the preparation of the Plan or related reports is made available in
an easy to understand form and is available for review at the community library, City Hall, or other location.
Finding Citizen Involvement Policy 4 – Technical Information. The City has
based the proposed text amendments on identified code conflicts and best
practices for floodplain management. For example, DLCD provides a model ordinance that outlines the latest guidance and policy updates for
the NFIP. In addition, a representative from FEMA has reviewed the
proposed amendments to ensure consistency with federal standards.
Conclusion Citizen Involvement Policy 4 – Technical Information. The proposed amendment is based on technical information related to
floodplain management standards and best management practices.
Environmental Element:
Goal 5: To ensure future growth and development are not detrimental to the quality of air and water resources and do not contribute to urban noise
pollution problems.
Finding Environmental Goal 5: The proposed amendments strengthen the
standards set forth in CPMC 8.24 in order to reduce impacts of
development in the floodplains, decrease the dangers from flooding hazards, and create a more resilient community through higher regulatory
standards.
Conclusion Environmental Goal 5: Consistent.
Flood Hazard Reduction Policy 3: Prohibiting activities within the 100 year
flood zone which in any way aggravates flood hazard by either filling available flood retention areas (thus displacing flood waters on to other
areas) or inhibiting flow of natural drainage areas. The City shall prepare,
adopt and maintain parking standards that reflect best parking practices
that further the parking goals of the City.
Finding Flood Hazard Reduction Policy 3: The proposed amendments further strengthen the requirements for development within the 100 year
flood zone by adding safety measures, reducing impacts and further
prohibiting development that increases the flood hazards. All development
within the floodway that would create additional rise in flood depths are
7.G.C.a
Packet Pg. 73 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 7 Ordinance No. ____________ (__/__/___)
required to follow the FEMA process for a map change (i.e. Letter of Map Amendment (LOMR)) and ensure that adjacent properties are not
impacted.
Conclusion Flood Hazard Reduction Policy 3: Consistent.
Conclusion CPMC 17.10.400(B): Based on the evaluation of applicable
Comprehensive Plan policies, the proposed zoning text amendment is consistent with the Central Point Comprehensive Plan.
C. If a zoning map amendment, findings demonstrating that adequate public
services and transportation networks to serve the property are either available, or identified for construction in the city’s public facilities master plans (major and minor amendments); and
Finding CPMC 17.10.400 (C): The proposed zoning text amendment does
not include changes to the zoning map.
Conclusion CPMC 17.10.400(C): Not applicable.
D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(B)).
Finding CPMC 17.10.400 (D): The proposed text amendment does not
involve any changes that would affect trip generation or public transportation
facilities, such as an increase in density or parking standards.
Conclusion CPMC 17.10.400(D): Given the nature of the proposed amendments and lack of impact to traffic, existing or planned transportation
facilities, the proposed amendment complies with the TPR.
PART 3 – CONCLUSION
As evidenced in findings and conclusions provided in Part 2, the proposed zone text amendment is consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable),
Comprehensive Plan, and Statewide Transportation Planning Rule.
7.G.C.a
Packet Pg. 74 Attachment: Planning Commission Resolution No. 891 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
ORDINANCE NO. ________
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE
CHAPTER 8.24 FLOOD DAMAGE PREVENTION
Recitals:
A. Words lined through are to be deleted and words in bold are added.
B. 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.
C. The revisions to this ordinance are being made to bring the code into
compliance with to comply with National Flood Insurance Program
(NFIP) standards and the Community Rating System (CRS) program
requirements.
D. On June 1, 2021, the Central Point Planning Commission
recommended approval of code amendments to various sections in
Chapter 8.24 Flood Damage Prevention.
E. On June 24, 2021, the City of Central Point City Council held a
properly advertised public hearing; reviewed the Staff Report (herein
incorporated by reference) and findings (Exhibit 1); heard testimony
and comments, and deliberated on approval of the Municipal Code
Amendment.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Chapter 8.24 of the Central Point Municipal Code is amended to read:
Chapter 8.24
Flood Damage Prevention
8.24.010 Statutory Authorization
8.24.030 Statement of Purpose
8.24.050 Definitions
8.24.060 Lands to which this chapter applies
8.24.200 Development in Regulatory Floodways
8.24.220 Development in Zones Without Base Flood Elevations
8.24.250 Floodplain Development Standards for Construction
8.24.270 Interpretations and Variances
7.G.C.b
Packet Pg. 75 Attachment: Ordinance_Draft - 06242021 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 2 Ordinance No. ____________ (__/__/___)
8.24.010 Statutory Authorization.
The Legislature of the state State of Oregon has in ORS 197.175 delegated the
responsibility to local governmental units to adopt floodplain management
regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the city ordains and sets out the provisions of this
chapter.
8.24.030 Statement of Purpose.
It is the purpose of this chapter to promote the public health, safety, and general
welfare; reduce the annual cost of flood insurance; and to minimize public and
private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money on costly flood damage and control
projects;
C. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
D. Minimize unnecessary disruption of commerce, access and public service
during times of flood;
E. Minimize damage to public facilities and utilities such as water, sanitary
sewer, storm drain and gas mains; electric, telephone, and television cable
lines; and streets, bridges, and other appurtenances which are located in
areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard;
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions;
I. Manage the alteration of flood hazard areas, stream channels and shorelines
to minimize the impact of development on the natural and beneficial functions
of the floodplain;
7.G.C.b
Packet Pg. 76 Attachment: Ordinance_Draft - 06242021 (1432 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
Pg. 3 Ordinance No. ____________ (__/__/___)
J. Participate in and maintain eligibility for flood insurance and disaster
relief.
8.24.050 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the meaning they have in common usage and to
give this chapter its most reasonable application.
“Accessory structure” means a structure on the same or adjacent parcel as a
principal structure, the use of which is incidental and subordinate to the principal
structure.
“Appeal” means a request for review of the floodplain administrator’s
interpretation of provisions of this chapter.
“Area of shallow flooding” means a designated AO or AH zone on the flood
insurance rate map (FIRM) with base flood depths ranging from one to three feet,
and/or where a clearly defined channel does not exist, where the path of flooding
is unpredictable and indeterminate, and where velocity flow may be evident. AO
zones are characterized as having sheet flow, and AH zones indicate ponding.
For both AO and AH zones, adequate drainage paths are required around
structures on slopes to guide floodwaters around and away from proposed
structures.
“Area of special flood hazard” means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year. Zones designating areas of special flood hazard on flood insurance rate
maps always include the letters A or V It is shown on the Flood Insurance
Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR. Also known as the
special flood hazard area (SFHA).
“Base flood” means the flood having a one percent chance of being equaled or
exceeded in any given year.
“Base flood elevation (BFE)” means the water surface elevation to which
floodwater is anticipated to rise during the base flood in relation to a specified
datum. The BFE is depicted on the flood insurance rate map (FIRM) to the
nearest foot and in the flood insurance study (FIS) to the nearest tenth of a foot.
“Basement” means any area of a building having its floor subgrade (below
ground level) on all sides.
“Below-grade crawlspace” means an enclosed area below the BFE in which the
interior grade is not more than two feet below the lowest adjacent exterior grade
and the height, measured from the interior grade of the crawlspace to the top of
the crawlspace foundation, does not exceed four feet at any point. Below-grade
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crawlspaces are allowed subject to the conditions found in FEMA Technical
Bulletin 11-01 and in Section 8.24.250(EF)(3).
“City” means the city of Central Point.
“Conditional letter of map revision (CLOMR)” means a formal review and
comment by FEMA as to whether a proposed project complies with minimum
National Flood Insurance Program (NFIP) floodplain management criteria. A
CLOMR does not amend or revise effective flood insurance rate maps, flood
boundary and floodway maps or flood insurance studies, nor does a CLOMR
constitute a formal project approval by the city.
“Critical facility” or “essential facility” means a facility that is critical for the health
and welfare of the population and is especially important following hazard events.
“Critical facilities” or “essential facilities” include:
1. Hospitals and other medical facilities having surgery and emergency
treatment areas;
2. Fire and police stations;
3. Tanks or other structures containing, housing or supporting water or fire-
suppression materials or equipment required for the protection of essential
or hazardous facilities or special occupancy structures;
4. Emergency vehicle shelters and garages;
5. Structures and equipment in emergency preparedness centers;
6. Standby power generating equipment for essential facilities; and
7. Structures and equipment in government communication centers and
other facilities required for emergency response.
“Datum” means the vertical datum. The vertical datum is a base measurement
point (or set of points) from which all elevations are determined. Historically, that
common set of points has been the National Geodetic Vertical Datum of 1929
(NGVD 1929). The vertical datum currently adopted by the federal government
as a basis for measure heights is the North American Vertical Datum of 1988
(NAVD 1988)
“Development” means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations; or storage of equipment
and materials located within the area of special flood hazard. Exemptions to the
definition of development, for the purpose of administering this chapter, include:
1. Signs, markets markers, aids, etc., placed by a public agency to serve
the public provided the encroachment in the special flood hazard area
is no larger than a standard utility pole; and
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2. Residential gardens; provided, that they do not result in unauthorized,
substantial alteration of topography; and provided, that gardening methods
do not include the use or application of pesticides, herbicides, fertilizers or
other toxic materials.
“DFIRM” means digital flood insurance rate map. It depicts flood risk and zones
and flood risk information. The DFIRM presents the flood risk information in a
format suitable for electronic mapping applications.
“Elevated building” means, for insurance purposes, a nonbasement building that
has its lowest elevated floor raised above ground level by foundation walls, shear
walls, posts, piers, pilings or columns.
“Encroachment” means the advancement or infringement of uses, fill, excavation,
buildings, permanent structures or other development into a floodway, which may
impede or alter the flow capacity of a floodplain.
Essential Facility. See “Critical facility.”
“FEMA” means the Federal Emergency Management Agency.
“Flood” or “flooding” means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; and/or
2. The unusual and rapid accumulation of runoff of surface waters from any
source.
“Flood insurance rate map (FIRM)” means the official map of a community issued
by FEMA delineating the areas of special flood hazard and/or risk premium
zones applicable to the community.
“Flood insurance study (FIS)” means the official report provided by FEMA
evaluating flood hazards and containing flood profiles, regulatory floodway
boundaries and water surface elevations of the base flood.
“Floodway” or “regulatory floodway” means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface
elevation more than one foot a designated height.
“Functionally Dependent Use” means a use which cannot perform its
intended purpose unless it is located or carried out in close proximity to
water. The term includes only docking facilities, port facilities that are
necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long term storage
or related manufacturing facilities.
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“Highest Adjacent Grade” means the highest natural elevation of the
ground surface prior to construction next to the proposed walls of a
structure.
“Historic structure” means a structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for individual
listing on the national register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or to
a district preliminarily determined by the Secretary to qualify as a registered
historic district;
3. Individually listed on a state inventory of historic places and determined
as eligible by states with historic preservation programs which have been
approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places and determined
as eligible by communities with historic preservation programs that have
been certified either:
a. By an approved state program as determined by the Secretary of the
Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
“Letter of map change (LOMC)” means an official FEMA determination by letter,
to amend or revise effective flood insurance rate maps and flood insurance
studies. LOMCs are issued in the following categories:
1. “Letter of map amendment (LOMA)” means a revision based on technical
data showing that a property was inadvertently included in a designated
special flood hazard area. A LOMA amends the current effective flood
insurance rate map and establishes that a specific property or structure is
not located in a special flood hazard area;
2. “Letter of map revision (LOMR)” means a revision based on technical
data showing, due to human-made alterations, changes to flood zones,
flood elevations, or floodplain and regulatory floodway delineations. One
common type of LOMR, a LOMR-F, is a determination that a structure or
parcel has been elevated by fill above the BFE and is excluded from the
special flood hazard area.
“Lowest floor” means the lowest floor of the lowest enclosed area, including
basement. An unfinished or flood resistant enclosure (used solely for parking of
vehicles, building access or storage) in an area other than a basement area, is
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not considered a building’s lowest floor; provided, that such enclosure is not built
so as to render the structure in violation of the applicable nonelevation design
requirements found in Section 8.24.250(B)(2) and (3).
“Manufactured dwelling” or “manufactured home” means a structure,
transportable in one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when attached to the
required utilities. The term “manufactured home” does not include a recreational
vehicle.
“New construction” means structures for which the start of construction
commenced on or after the effective date of the adopted flood damage
prevention requirements codified in this chapter, including subsequent
substantial improvements to the structure.
“NFIP” means National Flood Insurance Program.
“Reasonably safe from flooding” means base flood waters will not inundate the
land or damage structures and that any subsurface waters related to the base
flood will not damage existing or proposed buildings development is designed
and built to be safe from flooding based on consideration of current flood
elevation studies, historical data, high water marks and other reliable data
known to the community. In unnumbered A zones where flood elevation
information is not available and cannot be obtained by practical means,
reasonably safe from flooding means that the lowest floor is at least two
feet above Highest Adjacent Grade.
“Recreational vehicle” means a vehicle that is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal
projection;
3. Designed to be self-propelled or permanently towable by a light duty
truck; and
4. Not primarily designed for use as a permanent dwelling, but as temporary
living quarters for recreational, camping, travel or seasonal use.
“Start of construction” means the date the development permit (which includes
development, public works and building permits) was issued, provided the actual
start of construction, repair, reconstruction, placement or other substantial
improvement was within one year of the permit issuance date. The actual start of
construction means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of excavation or
the placement of a manufactured home on a foundation or blocks. Permanent
construction does not include land preparation, such as clearing, grading and
filling; the installation of streets and/or walkways; excavation for a basement,
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footings, piers or foundations; the erection of temporary forms; or the installation
of the property or accessory buildings (i.e., garages or sheds) not occupied as
dwelling units or which are not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
“Structure” means a walled and roofed building, manufactured dwelling, a
modular or temporary building, or liquid storage tank that is principally above
ground.
“Substantial damage” means damage of any origin sustained by a structure on at
least two separate occasions during a ten-year period whereby the cost of
restoring the structure for which the cost of repairs to its before damaged
condition would equal or exceed fifty percent of the market value of the structure
before the damage occurred.
“Substantial improvement” means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds fifty percent of the market value of
the structure within the course of a ten-year period either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the
damage occurred.
For the purposes of this definition, “substantial improvement” is considered to
occur when the first alteration of any wall, ceiling, floor, or other structural part of
the building commences, whether or not that alteration affects the external
dimensions of the structure. The term does not, however, include:
a. Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which are
solely necessary to assure safe living conditions; or
b. Any alteration of a structure listed on the National Register of Historic
Places or the Oregon State Inventory of Historic Places.
“Variance” means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this
chapter.
“Violation” means the failure of a structure or other development to be fully
compliant with the community’s floodplain management regulations. A structure
or other development without evidence of compliance, such as a FEMA elevation
certificate, floodproofing certificate or other certification, is presumed to be in
violation until such time as that documentation is provided.
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“Watercourse” means a lake river, creek, stream, wash, arroyo, channel or other
topographic feature in, on, through, or over which water flows at least
periodically.
“Water dependent use” means a facility that cannot be used for its intended
purpose unless it is located or carried out in close proximity to water. The term
does not include long-term storage, manufacture, sales or service facilities.
“Water surface elevation” means the height, in relation to a specified datum of
floods of various magnitudes and frequencies in the floodplains of riverine areas.
8.24.060 Lands to which this chapter applies.
A. Applicability. This chapter shall apply to all areas of special flood hazards
within the jurisdiction of the city. All development within special flood hazard
areas is subject to the terms of this chapter and other applicable
regulations. Nothing in this chapter is intended to allow uses or structures that
are otherwise prohibited by the zoning regulations or specialty codes.
B. Community Boundary Alterations. The Floodplain Administrator shall
notify the Federal Insurance Administrator in writing whenever the
boundaries of the community have been modified by annexation or the
community has otherwise assumed authority or no longer has authority to
adopt and enforce floodplain management regulations for a particular area,
to ensure that all Flood Hazard Boundary Maps (FHBM) and Flood
Insurance Rate Maps (FIRM) accurately represent the community’s
boundaries. Include within such notification a copy of a map of the
community suitable for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed or relinquished
floodplain management regulatory authority.
8.24.200 Development in Regulatory Floodways.
Located within areas of special flood hazard established in Section 8.24.070 are
areas designated as regulatory floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters, which carry debris, potential
projectiles, and erosion potential, development will not normally be allowed within
the floodway except when it can be demonstrated the following provisions are
satisfied:
A. Except as provided in subsections E and F of this section Sections 8.24.200
(E) and (F), encroachments including fill, new construction, substantial
improvements, and other development are prohibited unless certification by an
Oregon registered professional civil engineer is provided demonstrating through
hydrologic and hydraulic analyses performed in accordance with standard
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engineering practice that such encroachment shall not result in any increase in
flood levels during the occurrence of the base flood discharge;
B. Provided that the conditions in subsection Section 8.24.200(A) of this section
are met, the following additional provisions shall apply:
1. Floodplain development construction standards provided in
Sections 8.24.250 and 8.24.260 are met;
2. Any fill allowed to be placed in the floodway shall be designed to be
stable under conditions of flooding, including rapid rise and rapid drawdown
of floodwaters, prolonged inundation, and flood related erosion and scour;
3. No manufactured dwelling shall be placed in a floodway except in an
existing mobile home park or an existing mobile home subdivision, as
conditionally approved by the local administrator or designee in
consideration of the conditions of Section 8.24.250(GH);
C. The following activities are prohibited in the regulatory floodway:
1. Fences and walls as provided in Section 8.24.260(A)(1) and 17.57.030;
and
2. Accessory structures as provided in Section 8.24.250(IJ);
D. In limited circumstances encroachments associated with functionally
dependent uses (i.e., bridges, roads, culverts); historic structure reconstruction,
restoration and rehabilitation; and stream restoration projects as provided in
subsection Section 8.24.200(F) of this section and Section 8.24.270(B)(2)(f), that
cause an increase to the BFE are allowed; provided, that the applicant
demonstrate that no other alternative is available. In such circumstances,
applicants shall obtain a CLOMR from FEMA before an encroachment, including
fill, new construction, substantial improvement, and other development in the
floodway, is permitted that will cause any increase in the BFE, unless the
development causes a temporary encroachment and conditions in subsection E
of this section and the floodplain development construction standards provided in
Sections 8.24.250 and 8.24.260 are satisfied;
E. Temporary encroachments in the regulatory floodway for the purposes of
capital improvement projects, including bridges and culverts, shall be allowed
even may be permitted if the encroachment results in an increase in flood levels
during the occurrence of the base flood discharge, and without obtaining
provided that a Conditional Letter of Map Revisions (CLOMR) is applied for
and approved by the Federal Insurance Administrator, and the
requirements for such revision as established under Volume 44 of the Code
of Federal Regulations, section 65.12 are fulfilled. Temporary
encroachments shall comply with all other applicable flood hazard
reduction provisions of this chapter and may be permitted when:
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1. The project is limited as to duration with the days and dates that the
structure or other development will be in the regulatory floodway, as
specified in the floodplain development permit;
2. Accessory structures (i.e., construction trailers) are restricted from the
regulatory floodway;
3. The project limits placement of equipment and material in the regulatory
floodway to that which is absolutely necessary for the purposes of the
project. Justification that demonstrates compliance with this requirement will
be documented by the applicant in the required floodplain development
permit application submittal documentation;
4. The applicant identifies any insurable structures affected by temporary
changes to the area of special flood hazard or BFE and notifies owners of
any increased risk of flooding. Documentation demonstrating compliance
with this provision shall be provided to the city as part of the floodplain
development application; and
5. The project applicant is provided with written notification that they may be
liable for any flood damages resulting from the temporary encroachment.
F. Projects for stream habitat restoration may be permitted in the floodway,
provided:
1. The project qualifies for a Department of the Army, Portland District
Regional General Permit for Stream Habitat Restoration (NWP-2007-1023);
2. The project does not result in a potential rise in the flood elevation;
2 3. A qualified professional (a registered professional engineer, or staff of
NRCS, the county, or fisheries, natural resources or water resources
agencies) has provided a feasibility analysis and certification that the project
was designed to keep Conditional Letter of Map Amendment (CLOMR)
is applied for and approved by the Federal Insurance Administrator for
any rise in the base flood levels, as close to zero as practically possible
given the goals of the project and the requirements for such revision as
established under Volume 44 of the Code of Federal Regulations,
section 65.12 are fulfilled; and
3. No structures would be impacted by a potential rise in the flood elevation;
and
4. An agreement to monitor the project, correct problems and ensure that
flood carrying capacity remains unchanged is included as part of the local
floodplain development approval
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8.24.220 Development in zones without base flood elevations.
The following standards apply in riverine areas of special flood hazard where no
BFE data have been provided (approximate A zones):
A. When BFE or floodway data have not been identified by FEMA in a FIS and/or
FIRM, the floodplain administrator shall obtain, review, and reasonably utilize
scientific or historic BFE and floodway data available from a federal, state, or
other source, in order to administer this chapter. If BFEs or other engineering
data are not available from an authoritative source, the applicant shall develop
BFEs in accordance with Section 8.24.190(E) or subsection Section
8.24.220(CB) of this section shall apply.
B. In special flood hazard areas without BFE data,
1. No encroachments, including structures or fill, shall be located in an area
of special flood hazard within an area equal to the width of the stream or
fifty feet, whichever is greater, measured from the ordinary high water mark,
unless a BFE is developed by a licensed professional engineer; or
2. The lowest floor of any insurable building or structure, including
manufactured dwellings, shall be elevated a minimum of three feet above
the highest adjacent grade.
8.24.250 Floodplain Development Standards for Construction.
A. Anchoring.
1. All new construction and substantial improvements shall be anchored to
prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes must likewise be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but
are not limited to, use of over-the-top or frame ties to ground anchors (refer
to FEMA’s “Manufactured Home Installation in Flood Hazard Areas”
guidebook for additional techniques and details).
B. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2. All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
3. Electrical, heating, ventilation, plumbing, and air-conditioning, duct
systems, and equipment and other service facilities shall be elevated at
least one foot above the BFE.
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a. An exception is allowed for equipment and service facilities that
are and/or designed or located and installed to prevent water from
entering or accumulating within the components and to resist
hydrostatic and hydrodynamic loads and stresses, including
the effects of buoyancy, during conditions of flooding to the BFE.
Utilities permitted below the BFE are those specifically
designed to be located in areas of flooding and may include:
i. Electrical systems, equipment and components;
ii. Heating, ventilation, air conditioning;
iii. Plumbing, appliances, and plumbing fixtures;
iv. Duct systems; and
v. Other services facilities.
b. In addition, electrical, heating, ventilation, plumbing, air
conditioning, duct systems, and other equipment and services
that are replaced as part of a substantial improvement shall
meet all requirements of this section.
Refer to FEMA Technical Bulletin 02-08 for more information about the flood
resistant materials requirement.
C. Structures Located in Multiple or Partial Flood Zones.
In coordination with the State of Oregon Specialty Codes:
1. When a structure is located in multiple flood zones on the
community’s Flood Insurance Rate Maps (FIRM) the provisions for the
more restrictive flood zone shall apply.
2. When a structure is partially located in a special flood hazard area,
the entire structure shall meet the requirements for new construction
and substantial improvements.
C. D. Utilities.
1. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
2. New and replacement sanitary sewage systems shall be designed to
mitigate or eliminate infiltration of flood waters into the system and
discharge from the system into flood waters.
3. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding consistent with the Oregon
Department of Environmental Quality.
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4. Storm drain systems shall be designed to adequately and completely
drain all flood waters, when the flood levels diminish at the point of
discharge. Discharge ends of storm drain systems shall be equipped with
suitable devices which prevent the backflow of flood waters up through the
storm drain collection and conveyance system.
Refer to FEMA Publication No. 348, “Protecting Building Utilities from Flood
Damage” for more information about flood resistant utilities design and
construction.
D. E. Critical Facilities. Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the special flood hazard area. Construction
of new critical facilities shall be permissible within the special flood hazard area if
no feasible alternative site is available. Critical facilities constructed within the
special flood hazard area shall have the lowest floor elevated three feet above
the BFE or base depth, or to the height of the two-tenths percent (five-hundred-
year) flood level, whichever is higher. Access to and from the critical facility shall
be protected to the height utilized above. Floodproofing and sealing measures
must be taken to ensure that toxic substances or priority organic pollutants as
defined by the Oregon Department of Environmental Quality will not be displaced
by or released into floodwaters.
E.F. Residential Construction.
1. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated at least
one foot above the BFE or base depth; or, if no base depth is specified in an
area of shallow flooding (flood zones AO and AH), shall be elevated at least
two feet above the highest adjacent grade.
2. Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, or shall be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit of flood
waters. Designs for meeting this requirement must be either certified by an
Oregon registered professional engineer or architect and must meet or
exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to
flooding shall be provided in accordance with the following additional
requirements:
i. Opening area must be located below the BFE to satisfy this
requirement;
ii. Openings must be at least three inches wide. This requirement
applies to the hole in the wall, excluding any device that may be
inserted such as a typical foundation air vent device, mesh screens
and hardware cloth;
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iii. The bottom of all openings shall be no higher than twelve inches
above the adjacent grade;
iv. Openings may be equipped with screens, louvers, or other
coverings or devices; provided, that they permit the automatic
entry and exit of flood waters.
3. Below-grade crawlspace foundations are allowed where BFE data are
available; provided, that they conform to guidelines provided in FEMA
Technical Bulletin 11, Crawlspace Construction for Structures Located in
special flood hazard areas, building codes and the below-grade crawlspace
provisions set forth in subsection J of this section Section 8.24.250(K).
F. G. Nonresidential Construction. New construction and substantial
improvement of any commercial, industrial, or other nonresidential structure shall
either have the lowest floor, including basement, elevated at least one foot above
the BFE or base depth; or, if no base depth is specified in an area of shallow
flooding, shall be elevated at least two feet above grade; and together with
attendant utility and sanitary facilities shall:
1. Be floodproofed so that structures below one foot above base flood level,
as specified above, are watertight with walls impermeable to the passage of
water;
2. Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy;
3. Be certified by an Oregon registered professional engineer or architect
that the design and methods of construction are in accordance with
accepted standards of practice for meeting provisions of this subsection
based on their development and/or review of the structural design,
specifications, and plans. Such written certifications shall be provided to the
floodplain administrator or designee as set forth in Section 8.24.130(L); and
4. Nonresidential structures that are elevated and not floodproofed must
meet the same standards for space below the lowest floor as described in
subsections (E)(2) and (3) of this section Section 8.24.250(F).
G. H. Manufactured Dwellings. In addition to subsections Sections 8.24.250 (A)
and (B) of this section, new, replacement and substantially improved
manufactured dwellings are subject to the following standards:
1. Manufactured dwellings shall be elevated on a permanent foundation,
such that the lowest floor of the manufactured home is elevated a minimum
of eighteen inches above the BFE or depth number specified on the FIRM;
or if no base depth is specified in an area of shallow flooding (flood zones
AO and AH), shall be elevated at least two feet above the highest adjacent
grade;
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2. Manufactured dwellings supported on solid foundation walls with
enclosed areas below the BFE are prohibited unless the foundation walls
are designed to automatically equalize hydrostatic forces by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must be
certified by a registered professional engineer or architect, or meet or
exceed the minimum criteria set forth in subsections Section
8.24.250(EF)(2)(a)(i) through (iii) of this section;
3. The bottom of the longitudinal chassis frame beam in A zones shall be at
least twelve inches above the BFE;
4. The manufactured dwelling shall be anchored to prevent flotation,
collapse and lateral movement during the base flood. Anchoring methods
may include, but are not limited to, use of over-the-top or frame ties to
ground anchors; and
5. Electrical crossover connections shall be a minimum of twelve inches
above the BFE.
Refer to FEMA’s Manufactured Home Installation in Flood Hazard Areas
guidebook for additional information
H. I. Recreational Vehicles. In all areas of Special Flood Hazard, Recreational
Vehicles that are an allowed use or structure under the zoning ordinance must
either:
1. Be placed on the site for fewer than one hundred eighty consecutive
days;
2. Be fully licensed and ready for highway use; be on its wheels or jacking
system; be attached to the site only by quick disconnect type utilities and
security devices, and have no permanently attached additions; or
3. Meet the requirements of subsection G of this section Section
8.24.250(H), Manufactured Dwellings, and including the elevation and
anchoring requirements.
I. J. Accessory Structures. Relief from the elevation or dry floodproofing
standards requirements for residential and non-residential structures in
Riverine (Non-Coastal) flood zones may be granted for an accessory structure
containing no more than two hundred square feet. Such a structure must that
meets the following standards:
1. In compliance with State of Oregon Specialty Codes, accessory
structures on properties that are zoned residential are limited to one-
story structures less than 200 square feet, or 400 square feet if the
property is greater than two (2) acres in area and the proposed
accessory structure will be located more than 20 feet from all property
lines. Accessory structures on properties that are zoned as non-
residential are limited in size to 120 square feet.
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1. 2. Be located and constructed to minimize flood damage;
2 3. Be designed so as to not impede flow of flood waters under base flood
conditions;
3 4. Be prohibited in the regulatory floodway;
4 5. It shall not be used for human habitation and may be used solely for
parking of vehicles or storage of items having low damage potential when
submerged;
5 6. Toxic material, oil or gasoline, or any priority persistent pollutant
identified by the Oregon Department of Environmental Quality shall not be
stored below BFE, or where no BFE is available lower than three feet above
grade, in an accessory structure unless confined in a tank installed in
compliance with this chapter;
6 7. Be constructed of flood resistant materials;
7 8. Be firmly anchored to prevent flotation, collapse, and lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy, during
conditions of the base flood;
8.9. Have electrical service and/or mechanical equipment elevated or flood-
proofed to or a minimum of one foot above the BFE as set forth in
Section 8.24.250(B)(3); and
9.10. Be designed to equalize hydrostatic flood forces on exterior walls by
allowing for the automatic entry and exit of floodwater. Designs for
complying with this requirement must be certified by a licensed professional
engineer or architect or meet the minimum design criteria set forth in
subsections Section 8.24.250(EF)(2)(a)(i) through (iii) of this section.
JK. Below-Grade Crawlspaces. Below-grade crawlspaces are allowed subject to
the following standards as found in FEMA Technical Bulletin 11, Crawlspace
Construction for Buildings Located in Special Flood Hazard Areas. Residents
should note that there is an increased cost for flood insurance associated with
below-grade crawlspaces. There is a charge added to the basic policy premium
for a below-grade crawlspace versus a standard, at grade crawlspace
foundation.
1. The building must be designed and adequately anchored to resist
flotation, collapse, and lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
Hydrostatic loads and the effects of buoyancy can usually be addressed
through the required openings stated in subsection Section 8.24.250(EF)(2)
of this section. Because of hydrodynamic loads, crawlspace construction is
not allowed in areas with flood velocities greater than five feet per second
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unless the design is reviewed by a qualified design professional, such as a
registered architect or professional engineer. Other types of foundations are
recommended for these areas.
2. The crawlspace is an enclosed area below the BFE and, as such, must
have openings that equalize hydrostatic pressures by allowing the
automatic entry and exit of floodwaters. The bottom of each flood vent
opening can be no more than one foot above the lowest adjacent exterior
grade.
3. Portions of the building below the BFE must be constructed with
materials resistant to flood damage. This includes not only the foundation
walls of the crawlspace used to elevate the building, but also any joists,
insulation, or other materials that extend below the BFE. The recommended
construction practice is to elevate the bottom of joists and all insulation
above BFE.
4. Any building utility systems within the crawlspace must be elevated
above BFE or designed so that floodwaters cannot enter or accumulate
within the system components during flood conditions. Ductwork, in
particular, must either be placed above the BFE or sealed from floodwaters.
5. The interior grade of a crawlspace below the BFE must not be more than
two feet below the lowest adjacent exterior grade.
6. The height of the below-grade crawlspace, measured from the interior
grade of the crawlspace to the top of the crawlspace foundation wall, must
not exceed four feet at any point. The height limitation is the maximum
allowable unsupported wall height according to the engineering analyses
and building code requirements for flood hazard areas.
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Diagram 1. Requirements regarding below-grade crawlspace construction.
7. There must be an adequate drainage system that removes floodwaters
from the interior area of the crawlspace. The enclosed area should be
drained within a reasonable time after a flood event. The type of drainage
system will vary because of the site gradient and other drainage
characteristics, such as soil types. Possible options include natural drainage
through porous, well-drained soils and drainage systems such as perforated
pipes, drainage tiles or gravel or crushed stone drainage by gravity or
mechanical means.
8. The velocity of floodwaters at the site should not exceed five feet per
second for any crawlspace. For velocities in excess of five feet per second,
other foundation types should be used.
For more detailed information refer to FEMA Technical Bulletin 11-01.
8.24.270 Interpretations and Variances.
This section provides criteria and procedures for interpretations and variances to
the application of provisions established in this chapter.
A. Interpretations. Requests for interpretation of the provisions of this chapter
shall be made in writing to the floodplain administrator in accordance with the
interpretation provisions set forth in Chapter 17.11.
1. It shall be the applicant’s responsibility to provide sufficient scientific or
technical documentation to support any appeals of the floodplain
administrator’s interpretation of this chapter filed in accordance with
Section 17.11.200(E).
B. Variances. Exceptions to the standards and criteria of this chapter shall be
made in writing to the floodplain administrator on the form provided by the city
and include, at a minimum, the same information required for a floodplain
development permit, a written explanation for the basis of the variance request
and any necessary documentation to show the variance is warranted and meets
the criteria established in subsection (B)(2) of this section.
1. Procedural Requirements. Variances shall be subject to the procedural
requirements set forth in Section 17.05.400 for a Type III (quasi-judicial)
review procedure.
2. Variance Criteria. The city shall approve, approve with conditions, or
deny an application for a variance based on the following criteria:
a. Variances shall not be issued within a designated floodway if any
increase in flood levels during the base flood discharge would result.
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b. Generally, the only condition under which a variance from the
elevation standard may be issued is for new construction and
substantial improvements to be erected on a lot of one-half acre or less
in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing subsections (B)(2)(i)
provided the technical considerations in (i) though (xi) of Section
8.24.270(B)(2)(i) have been fully considered. As the lot size increases,
the technical justification required for issuing the variance increases.
c. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
d. Variances shall only be issued upon a:
i. Showing of good and sufficient cause;
ii. Determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
iii. Determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create public nuisances, cause fraud
on or victimization of the public, or conflict with existing local laws
or ordinances.
e. Variances may be issued for a water functionally dependent use;
provided, that the structure or other development is protected by
methods that minimize flood damages during the base flood and create
no additional threats to public safety.
f. Variances may be issued for the reconstruction, rehabilitation, or
restoration of structures listed on the National Register of Historic
Places or the Statewide Inventory of Historic Properties, without regard
to the procedures set forth in this section.
g. Variances as interpreted in the National Flood Insurance Program
are based on the general zoning law principle that they pertain to a
physical piece of property; they are not personal in nature and do not
pertain to the structure, or its inhabitants’ economic or financial
circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from the flood elevations
should be quite rare.
h. Variances may be issued for nonresidential buildings in very limited
circumstances to allow a lesser degree of floodproofing than watertight
or dry-floodproofing, where it can be determined that such action will
have low damage potential, complies with all other variance criteria and
otherwise complies with the building codes.
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i. In passing upon such applications, the city shall consider all technical
evaluations, all relevant factors, standards specified in other sections of
this chapter and the:
i. Danger that materials may be swept onto other lands to the injury
of others;
ii. Danger to life and property due to flooding or erosion damage;
iii. Susceptibility of the proposed facility and its contents to flood
damage on the individual owner;
iv. Importance of the services provided by the proposed facility to
the community;
v. Necessity to the facility of a waterfront location, where
applicable;
vi. Availability of alternative locations for the proposed use, which
are not subject to flooding or erosion damage;
vii. Compatibility of the proposed use with existing and anticipated
development;
viii. The relationship of the proposed use to the comprehensive
plan and floodplain management program for that area;
ix. Safety of access to the property in times of flood for ordinary
and emergency vehicles;
x. Expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
xi. Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water systems, as well
as streets and bridges.
3. Variance Notification. Any applicant to whom a variance is granted
shall be given written notice that the issuance of a variance to
construct a structure below the Base Flood Elevation will result in
increased premium rates for flood insurance and that such
construction below the Base Flood Elevation increases risks to life
and property. Such notification and a record of all variance actions,
including justification shall be maintained in accordance with Section
17.05.400.
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Passed by the Council and signed by me in authentication of its passage this
_____ day of _____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
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