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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, July 8, 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 (1677) Ord (2079)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
1. Rogue Recycling Rate Adjustment Presentation
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of June 24, 2021 City Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
IX. ORDINANCES, AND RESOLUTIONS
A. Ordinance No. ________, an Ordinance Amending Central Point Municipal Code
Chapter 8.24 Flood Damage Prevention (File No. ZC-21002) (Gindlesperger)
B. First Reading - Ordinance Amending in Part Central Point Municipal Code
Chapter 10.14 Adding Police Department Authority (Dreyer)
C. Resolution No. _______, Regarding a Lease Purchase Agreement for the
Purpose of Financing "Public Works Vehicles and Equipment" (Weber)
D. Resolution No. _______, Setting a Public Hearing and Initiating Proceedings to
Vacate a Portion of Unimproved Cook Lane Right-of-Way located Adjacent to
3664 and 3644 Grant Road (37 2W 10BC, Tax Lots 2200 and 2301). (Holtey)
X. BUSINESS
A. Fiscal Year 2019-20 Audit Report (Weber)
B. Central Point Community Center Update (Clayton)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, June 24, 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 Excused
Taneea Browning Ward IV Remote
Rob Hernandez At Large Remote
Michael Parsons At Large Remote
This was a virtual meeting for Council and Staff members. The Council Chambers were
open and available for citizen participation.
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Finance Director Steve Weber; Police Captain Dave Croft; Parks and Public Works
Director Matt Samitore; Community Development Director Tom Humphrey; Planning
Department Director Stephanie Holtey; Community Planner Justin Gindlesperger; and
City Recorder Deanna Casey.
IV. PUBLIC COMMENTS - None
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
A. Approval of June 10, 2021 City Council Minutes
Mike Parsons moved to approve the Consent Agenda as presented.
VI. 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
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Planning Director Stephanie Holtey stated that this is the second reading of a house
keeping item to align our records with Jackson County for our Urban Growth
Boundary Expansion providing clear and consolidated schedule. There were no
recommended changes at the first reading of the Ordinance.
Council Member Kelley Johnson moved to approve Ordinance 2077, 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: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
B. Ordinance No. _______, An Ordinance Establishing the Good Fortune
Preferential Parking District No. 1 and Declaring an Emergency
City Attorney Sydnee Dryer explained there are two recommended amendments for
the second reading of an Ordinance establishing the Good Fortune Preferential
Parking District. The recommended changes are to incorporate an emergency
declaration into the ordinance enabling the Police Department to start enforcing the
permit requirements. The second change is to add LaRue Drive to the district
requiring all streets in this section to have a permit for overnight stays. The Police
Officers will have the ability to issue permits for those who cannot move to a more
suitable location.
Council Member Michael Parsons moved to approve Ordinance 2078 an
Ordinance Establishing the Good Fortune Preferential Parking District No. 1
and Declaring an Emergency Adoption Amended at Second Reading to Include
LaRue Drive.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
C. Resolution No. _______, Resolution Setting Preferential Parking District Fees
and Fines
City Attorney Sydnee Dryer explained this resolution would only be effective for
parking district no. 1. Council finalized the Ordinance tonight designating Parking
District No. 1. The Ordinance stipulates that the city will adopt by resolution the cost
and fines associated with this district. Each business will have the ability to purchase
100 parking permits for $25.00. The penalty for violation of parking restrictions within
a parking district will be set at $250.00. This amount is recommended, as it is
significant enough to encourage compliance with the parking restrictions.
The streets within the district will be signed no overnight parking. The officers will be
able to talk with those who do not have a permit, educate them or issue a citation if
necessary. If a citation is issued the Judge would be able to reduce the fine.
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City Council Minutes
June 24, 2021
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Council Member Rob Hernandez moved to Approve Resolution No. 1671, A
Resolution Setting Preferential Parking District Fees and Fines.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
D. Resolution No. ______, A Resolution of the City of Central Point Approving a
2019-21 Supplemental Budget
Finance Director Steven Weber presented a Resolution for a Supplemental Budget
in the 2019-2021 Budget. He explained the proposed resolution moves money from
one fund to anther in the following ways.
1. Police Department Domestic Violence victim advocate partnership recognizing
$60,000 of unanticipated revenue and expenses related to a grant that was
received.
2. Public Works Department adjusting personnel changes between funds when staff
members were reassigned to different operating functions.
3. Don and Flo Bohnert Farm Park Grant. The 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 projectcarried over to the early months of the 2019-21 biennial budget.
4. Contract/Professional Services in the Building Fund due to increased costs in the
contracted electrical inspector and utilization of contracted Building Official due to
increase in building activity. The transfer will be Personal Services to Materials
and Services.
Council Member Rob Hernandez moved to approve Resolution No. 1672, A
Resolution of the City of Central Point Approving a 2019-21 Supplemental
Budget.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
E. Resolution No._______, Certifying the Provision of Municipal Services by the
City of Central Point, Oregon
Mr. Weber explained this is an annual housekeeping resolution required by ORS in
order to receive State cigarette, liquor, and highway taxes. We have budgeted
$3,673,390 from these sources over the next two years. Even though the State
allows for the biennial budget process, cities are not allowed to adopt these
resolutions for a two year period.
Council Member Taneea Browning moved to approve Resolution 1673
Certifying the Provision of Municipal Services by the City of Central Point,
Oregon
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City of Central Point
City Council Minutes
June 24, 2021
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RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
F. Resolution No. _______, A Resolution Approving Appointments and Adopting
General Procedures for Fiscal Year 2021-2022
The proposed resolution 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. 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. There are no significant changes for the 2021-2022 fiscal year.
Council Member Kelley Johnson moved to approve Resolution 1674, certifying
the Provision of Municipal Services by the City of Central Point, Oregon.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
VII. PUBLIC HEARING
A. Resolution No. ______, Electing to Receive State Revenue Sharing Funds for
Fiscal Year July 1, 2021 - June 30, 2022
Mr. Weber explained this resolution requests the City 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. The State of
Oregon requires approve of this public hearing and resolution annually.
Mayor Williams opened the public hearing. No one came forward and the public
hearings was closed.
Council Member Taneea Browning made a motion to approve 1675, Electing to
Receive State Revenue Sharing Funds for Fiscal Year July 1, 2021 through
June 30, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
B. Resolution No. _____, Adopting the Budget; Make Appropriations and Levy
Taxes for the Biennial Budget Period July 1, 2021 through June 30, 2023
Mr. Weber explained there are no changes to the Budget Committee
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City of Central Point
City Council Minutes
June 24, 2021
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recommendation for the 2021/2023 Biennial Budget. Total budget to be appropriated
is $63,498,670 with a tax levy of $4.47 per thousand dollars of assessed value.
Mayor Williams opened the public hearing, no one came forward and the public
hearing was closed.
Council Member Kelley Johnson moved to Approve Resolution No. 1676,
Adopting the Budget, Make Appropriations and Levy Taxes for the Biennial
Budget Period July 1, 2021 through June 30, 2023.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
C. First Reading, an Ordinance Amending Central Point Municipal Code Chapter
8.24 Flood Damage Prevention(File No. ZC-21002)
Community Planner Justin Gindlesperger explained the proposed amendments are
based on the State’s Model Flood Damage Prevention Code, with modifications to
include code language acceptable to FEMA. The amendments are organizational
and provide updates to the floodplain management standards, including clarification
between affiliated codes and will not affect overall implementation of the flood plain
management program. Approval of the recommended amendments will help
maintain our lower rates for flood insurance and keeps us a good rating in the CRS
program.
Mayor Williams opened the public hearing, no one came forward and the public
hearing was closed.
Council Member Kelley Johnsons moved to second reading An Ordinance
Amending Central Point Municipal Code Chapter 8.24 Flood Damage
Prevention.
RESULT: 1ST READING [UNANIMOUS]
Next: 7/8/2021 7:00 PM
MOVER: Kelley Johnson, Ward II
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Browning, Hernandez, Parsons
EXCUSED: Melody Thueson
VIII. MAYOR'S REPORT
Mayor Williams reported that he:
Attended the Central Point Chamber meeting.
Attended the Rogue Retreat Tour. He was impressed with the facility.
Attended the retirement party for Community Development Director Tom Humphrey.
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City Council Minutes
June 24, 2021
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IX. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
We will have an Executive Session tonight under ORS 192.660(2)(e) and (2)(h).
There was a fire North of Central Point along the greenway last night. It looks like a lightning
strike from the storm this week. The fire department got it quickly under control.
The forecast this weekend is for very high temperatures. We are prepared as a city, and
have staff on call.
The Agreement with Max’s Mission has been signed and completed per the Council motion
earlier this year.
The Medford Water Commission has received a shipment of chlorine. They stated that
Central Point Citizens did a great job conserving water.
The Medford Water Commission has agreed to allow us to install a fire hydrant along the
Greenway.
We have received a number of calls and emails from people upset that we are allowing
fireworks in the City. Has suggested they write their thoughts down and send in an email so
he can share their concerns with the City Council.
The Federal Government and State of Oregon have approved Juneteenth as a Holiday. We
will be working with the labor unions regarding the new holiday and what it means for
Central Point.
X. COUNCIL REPORTS
Council Member Kelley Johnson reported that:
She attended the Study Session on Monday night.
She attended the Rogue Retreat tour.
She attended the Fire District Board meeting.
She attended the RVCOG Board meeting.
She attended the Central Point Chamber meeting.
She has been attending an online training for Elected Officials Leadership.
Council Member Taneea Browning reported that:
She attended the Rogue Retreat tour of the urban campground, the Kelly Shelter and
Hope Village.
She attended the Medford Water Commission meeting. It was focused on collection
policy and a Study Session focused on a Logo Design.
She attended an LOC Board meeting in Sherwood. The Board recognized the Women’s
Caucus.
She attended the Study Session on Monday night.
She attended the Retirement Celebration for Mr. Humphrey.
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City of Central Point
City Council Minutes
June 24, 2021
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DIRT received an Oregon Community Foundation Grant to fund summer programs. The
main focus will be riparian work at the Upton Creekside Project location. She has been
working on neighborhood communications delivering flyers door to door and creating
webpage for continued updates on activity at the site.
Council Member Neil Olsen reported that he attended the Study Session.
Council Member Rob Hernandez reported that:
He attended the SOREDI zoom meeting.
He attended the Study Session on Monday night.
He attended Mr. Humphrey’s retirement celebration.
Council Member Michael Parsons reported that:
He attended the tour of the Urban Campground, Kelly Shelter and the Rogue Retreat
Village. His perception of the three facilities has completely changed after viewing them
in person.
He attended the RVSS Board meeting. They discussed the recent election returns for
board positions; they are also having issues acquiring chlorine which is used for
treatment purposes.
He attended the Study Session.
He is attending the Common Ground Conference for Servant Leadership for Elected
Officials. There was some very pertinent information provided. A very important
message that he was reminded of is that the most important part of any communication
or conversation is the ability to listen.
He attended the Retirement Celebration for Mr. Humphrey. His colleagues and all those
he has dealt with in his professional career will miss him.
XI. DEPARTMENT REPORTS
Captain Dave Croft reported that:
Staff has been working on the operations plan for the 4th of July Celebrations.
He was at the fire last night north of the city. They initiated notifications in the area, but
no evacuations were necessary.
Officers had contact with some teenagers that looked like they could be starting a fire
along the greenway, one was taken to County for evaluation.
They held a process last week for a new School Resource officer. Mike Jones was
offered the position.
Parks and Public Works Director Matt Samitore reported that we will have the 4th of July
Parade on Pine Street this year. We will be adding a block to help with social distancing.
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City of Central Point
City Council Minutes
June 24, 2021
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Planning Director Stephanie Holtey reported that:
The Planning Commission meeting for July has been cancelled.
There will be a CAC meeting in July to discuss mobile food vendors.
Staff is working on Zoning Code updates, vacations, and re-plat applications.
XII. EXECUTIVE SESSION 192.660 (2)(e) Real Property Transactions and (2)(h) Legal
Counsel
Michael Parsons moved to adjourn to Executive Session under ORS 192.660
(2)(e) and (2)(h). Neil Olsen seconded. All said aye and the meeting was adjourned
at 8:16 to Executive Session.
No further action was taken.
XIII. ADJOURNMENT
Michael Parsons moved to Adjourn the meeting at 9:20 p.m. Kelley Johnson
seconded.
The foregoing minutes of the June 24, 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: Justin Gindlesperger, Community Planner II
MEETING DATE: July 8, 2021
SUBJECT: Ordinance No. ________, an Ordinance Amending Central Point
Municipal Code Chapter 8.24 Flood Damage Prevention (File No. ZC-
21002)
ACTION REQUIRED:
Motion
Ordinance 2nd 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
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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:
On June 24, 2021, the Council conducted a public hearing and first reading of an
ordinance for proposed floodplain management amendments and forwarded to a
second reading without changes.
RECOMMENDED MOTION:
I move to Approve Ordinance No. _______, approving amendments to Chapter 8.24 –
Flood Damage Prevention of the Central Point Municipal Code.
ATTACHMENTS:
1. Planning Commission Resolution No. 891
2. Ordinance_Draft - 06242021
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9.A.a
Packet Pg. 13 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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
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Packet Pg. 14 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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
9.A.a
Packet Pg. 15 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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
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Packet Pg. 16 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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
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Packet Pg. 17 Attachment: Planning Commission Resolution No. 891 (2021-44 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
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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
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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
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Packet Pg. 19 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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.
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Packet Pg. 20 Attachment: Planning Commission Resolution No. 891 (2021-44 : 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
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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;
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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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Pg. 12 Ordinance No. ____________ (__/__/___)
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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Packet Pg. 42 Attachment: Ordinance_Draft - 06242021 (2021-44 : Ordinance Chapter 8.24 Floodplain Management Text Amendments)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: July 8, 2021
SUBJECT: First Reading - Ordinance Amending in Part Central Point Municipal Code
Chapter 10.14 Adding Police Department Authority
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City recently amended its municipal code to add Chapter 10.14 which establishes
preferential parking districts. As adopted, the Code provides that the Public Works Department
will administer such program, issue permits and replacement permits, etc. Staff has determined
that the police department should be in charge of issuing such parking permits and ensuring
compliance with the requirements of Chapter 10.14. The proposed revision would modify the
authority for such management to the police department.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
None
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Move the ordinance to second reading.
RECOMMENDED MOTION:
I move to forward the Ordinance amending in part Central Point Municipal Code Chapter 10.14
adding Police Department authority to second reading.
ATTACHMENTS:
9.B
Packet Pg. 43
1. Ord Amending Ch 10.14 Police Department Authority
9.B
Packet Pg. 44
______________________________________________________________________________
1 | Ordinance No. _____; July ___, 2021
ORDINANCE NO. _____
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE
CHAPTER 10.14 ADDING POLICE DEPARTMENT AUTHORITY
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time make revisions to its municipal code which shall become part of the
overall document and citation.
B. Council adopted Ordinance No. 2074 amending Title 10 and adding
Chapter 10.14 to the municipal code allowing for the creation of preferred
parking districts to address parking concerns in designated areas of the
City.
C. Ordinance 2074 established the process to create and operate a preferred
parking district. As adopted, the Ordinance provided that the Public Works
Department would be the primary department responsible for issuance of
such permits.
D. Per discussion with staff, Council desires to amend Chapter 10.14 to
establish primary authority for issuance of parking permits with the Central
Point Police Department.
E. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.14 Parking Districts is amended in part as set forth below and
incorporated herein by reference.
PREFERENTIAL PARKING DISTRICT
10.12.030 Issuance of permits.
A. Parking permits for preferential parking districts shall be issued by the police
department department of public works.
B. The number of permits to be issued to any one dwelling unit or to any
merchant's business establishment shall be determined by the parking conditions
within each district and set forth in the ordinance establishing the district.
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2 | Ordinance No. _____; July ___, 2021
C. Parking permits may be issued by the City only to the following persons:
residents and merchants within the prescribed preferential parking district.
10.12.040 Posting signs in permit parking area.
Upon the adoption by the City Council of an ordinance designating a preferential
parking district and the specified parking regulations applicable thereto, the
department of public works shall cause appropriate signs to be erected in the district,
indicating prominently thereon the parking limitation, period of the day for its
application, and the fact that motor vehicles with valid permits shall be exempt
therefrom.
10.12.070 Application for and duration of permit.
A. Except as otherwise provided in an Ordinance creating a preferential parking
district, each parking permit issued by the police department department of public
works shall be valid for one year. Permits may be renewed upon reapplication in the
manner prescribed by the police department department of public works.
B. Proof of residency/merchant location shall be required. Proof of
residency/merchant location shall consist of two of the following:
1. Driver's license
2. Property Tax Bill or rental/lease agreement
3. Utility Bill (Cable TV, Telephone (landline only), Gas, Water, or Electric)
4. Company business card/letterhead.
10.12.100 Penalty provisions.
A. Unless exempted by provisions of this Chapter, no person shall stand or park a
motor vehicle in any preferential parking district established pursuant to this part in
violation of any parking restrictions established pursuant to this part. A violation of this
section shall constitute an infraction, which shall be punishable by a fine, set by
Resolution of Council.
B. No person shall falsely represent himself as eligible for a parking permit or
furnish false information to the police department department of public works or other
authorized city personnel in an application for a preferential parking permit.
C. No permit issued pursuant to this part shall thereafter be assigned, transferred
or used for any consideration, monetary or otherwise. Violation of this subsection shall
constitute an infraction and be punishable by a fine of $100.00. Notwithstanding the
foregoing, residents and merchants within a parking district may allow its/their visitors,
9.B.a
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______________________________________________________________________________
3 | Ordinance No. _____; July ___, 2021
customers, or employees use of such permits while visiting or conducting business
within the parking district.
D. No person shall copy, produce or create a facsimile or counterfeit parking
permit, nor shall any person use or display a facsimile or counterfeit preferential
parking district permit. Violation of this subsection shall constitute an infraction and be
punishable by a fine of $100.00.
E. Permit holders shall report to the police department department of public
works or other authorized city personnel a lost, stolen, or missing permit within 10
days of loss, at which time that permit shall be cancelled and a new permit issued, at
no cost.
F. Permits shall be returned to the police department Department of Public
Works when the permit holder ceases to reside or exist in a preferential parking
district.
G. No person shall display a permit cancelled pursuant to subsection E. Any such
display on a vehicle shall be cause for ticketing and towing at the owner's expense in
addition to the penalty set forth in subsection A of this section. Such cancelled permits
shall be confiscated by the impounding authority.
10.12.110 Permit revocation procedure.
A. Any permittee who has violated the provisions of subsections B, C, D, E, F, or
G of Section 10.12.100 shall be subject to having the permit revoked, and shall be
notified in writing of the permit revocation. Upon notification of such revocation, the
permittee shall, within 15 working days of receipt of such notice, either surrender the
permit to the police department department of public works or request, in writing, a
hearing before the police chief director of public works or designated representative.
B. A timely request for a hearing made within 15 days of the receipt of the notice
of revocation shall stay any revocation until five working days after the hearing
decision is rendered.
C. A hearing shall be held by the police chief director of public works or
designated representative, unless continued by agreement, within five working days of
the request for a hearing. At the hearing, any person may present evidence or
argument as to whether the permittee has violated any provisions of this part and
whether the permit should be revoked.
D. A decision shall be rendered, by the police chief director of public works or
designated representative, within five working days after the close of the hearing.
9.B.a
Packet Pg. 47 Attachment: Ord Amending Ch 10.14 Police Department Authority (1439 : Ordinance Amending Chapter 10.14 Administration of Parking
______________________________________________________________________________
4 | Ordinance No. _____; July ___, 2021
E. The police chief director of public works or designated representative may give
oral notice of the decision at the close of the hearing or may send notice of the
decision by mail to the permittee. The decision of the police chief director of public
works or designated representative shall be final and conclusive.
F. If the revoked permit is not surrendered, the police department shall be notified
so that appropriate enforcement action may be taken against the vehicle with the
revoked permit the same as any other vehicle parking in the district without a permit.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e.
Recitals A-C) need not be codified and the City Recorder is authorized to correct any
cross-references and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance
enacted by the Council shall take effect on the thirtieth day after its enactment. The
effective date of this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this
____ day of ___________, 2021.
________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
9.B.a
Packet Pg. 48 Attachment: Ord Amending Ch 10.14 Police Department Authority (1439 : Ordinance Amending Chapter 10.14 Administration of Parking
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: July 8, 2021
SUBJECT: Resolution No. _______, Regarding a Lease Purchase Agreement for the
Purpose of Financing "Public Works Vehicles and Equipment"
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The lease purchase of new Public Works vehicles and equipment was included in the City’s
2021-23 biennial budget. The City has received a 5-year lease proposal from Government
Capital Corporation for the purchase of the equipment. The proposed structure of the lease has
been included as Exhibit A and falls within the amount budgeted. Government Capital
Corporation is requesting the adoption of a resolution approving the structure of the lease and
authorizing the City Manager or the City Manager’s designee to execute the contract. The
attached resolution meets their request.
FINANCIAL ANALYSIS:
The initial lease payment has been included in the City’s 2021-23 biennial budget and each
subsequent annual lease payment will be included in future City budgets.
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Approve resolution as presented.
RECOMMENDED MOTION:
I move to approved Resolution No. _____ a resolution regarding a lease purchase agreement
for the purpose of financing Public Works vehicles and equipment.
ATTACHMENTS:
1. Resolution Lease Purchase Agreement - PW Equipment
2. Exhibit A - Government Capital Corporation Lease Structure
9.C
Packet Pg. 49
RESOLUTION NO._________
A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT
FOR THE PURPOSE OF FINANCING “PUBLIC WORKS VEHICLES
AND EQUIPMENT”
Recitals:
City of Central Point desires to enter into that certain Lease-Purchase Agreement by
and between Government Capital Corporation and the City of Central, for the purpose
of financing “Public Works Vehicles and Equipment”. The City of Central Point desires
to designate this Agreement as a “qualified tax exempt obligation” of the City of
Central Point for the purposes of Section 265 (b) (3) of the Internal Revenue Code of
1986, as amended. The City of Central Point desires to designate Chris Clayton, City
Manager, as an authorized signer of the Agreement.
Therefore, the City of Central Point resolves as follows:
Section 1. That the City of Central Point enters into a Lease Purchase Agreement with
Government Capital Corporation for the purpose of financing “Public Works Vehicles and
Equipment” in an amount not to exceed $490,000.00.
Section 2. That the Lease Purchase Agreement by and between the City of Central Point and
Government Capital Corporation is designated by the City as a “qualified tax exempt
obligation” for the purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as
amended.
Section 3. That the City of Central Point will designate City Manager or the City Manager
designee, as an authorized signer of the Lease Purchase Agreement by and between the City
of Central Point and Government Capital Corporation as well as any other ancillary exhibit,
certificate, or documentation needed for the Agreement.
Section 4. That should the need arise, if applicable, the City will use loan proceeds for
reimbursement of expenditures related to the Property, within the meaning of Treasury
Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended.
Passed by the Council and signed by me in authentication of its passage this 8th
Day of July 2021.
__________________________________
Mayor Hank Williams
ATTEST:
_________________________
City Recorder
9.C.a
Packet Pg. 50 Attachment: Resolution Lease Purchase Agreement - PW Equipment (1436 : Lease Purchase Agreement for Public Works Vehicles and
The transaction described herein is an arm’s length, commercial transaction between you and Government Capital Corporation (“GCC”), in which GCC: (i) is acting solely for its own financial and other interests that may differ from yours; (ii) is not acting as your municipal advisor or financial advisor, and has no fiduciary duty to you with respect to this transaction; and (iii) is not recommending that you take an action with respect to this transaction.
June 30, 2021
Mr. Steve Weber
City of Central Point
140 South Third Street Central Point, OR 97502 Steve, Thank you for the opportunity to present proposed financing for (3) pieces of Public Works Maintenance Equipment, totaling $483,941.87 for the City of Central Point, Oregon. I am submitting for your review the following proposed structure:
ISSUER: City of Central Point, Oregon
FINANCING STRUCTURE: Lease Purchase
EQUIPMENT COST: $ 483,941.87
ANNUAL TERM: 5 Payments
INTEREST RATE: 3.341%
PAYMENT AMOUNT: $ 106,701.92
PAYMENTS BEGINNING: First Payment Deferred One Year from Signing, Annually Thereafter The above proposal is subject to audit analysis, assumes bank qualification and mutually acceptable documentation. The terms outlined herein are subject to change and rates are valid for fourteen (14) days from the date of this proposal. If funding does not occur within this time period, rates will be indexed to markets at such time. Our finance programs are flexible and my goal is customer delight. If you have any questions regarding
other payment terms, frequencies or conditions, please do not hesitate to call.
With Best Regards,
Lisa Hott
Lisa Hott Client Services
Main: 817-421-5400
9.C.b
Packet Pg. 51 Attachment: Exhibit A - Government Capital Corporation Lease Structure (1436 : Lease Purchase Agreement for Public Works Vehicles and
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: July 8, 2021
SUBJECT: Resolution No. _______, Setting a Public Hearing and Initiating
Proceedings to Vacate a Portion of Unimproved Cook Lane Right-of-Way
located Adjacent to 3664 and 3644 Grant Road (37 2W 10BC, Tax Lots
2200 and 2301).
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City received a request to vacate a portion of unimproved Cook Lane off Grant Road. The
street was originally platted to provide access to a flag lot in the Cook Partition (Partition No. 57-
2006). The flag lot was never developed and at this time, it is been tentatively approved to be
re-platted as Lots 11 and 12 of Mayberry Place, a 12-lot residential subdivision. Cook Lane will
be realigned and incorporated into Mayberry Lane as the primary access for all lots in the
subdivision. There is an 808 square foot area that needs to be vacated before the subdivision
can be completed. The area adjoins property owned exclusively by W.L. Moore Construction
(37 2W 10BC, Tax Lots 2301 and 2200). At this time, the City Council is considering whether to
schedule a public hearing and initiate the vacation proceedings in accordance with CPMC 12.28
and ORS 271.130.
FINANCIAL ANALYSIS:
Financial impact to the City is limited to staff in-kind expenses which are recovered with
planning related service fees.
9.D
Packet Pg. 52
LEGAL ANALYSIS:
ORS 271.130 grants the City Council the authority to initiate vacation proceedings and make
such vacation without a petition or consent of property owners. Per ORS 271.130 there are
three (3) steps to a city initiate vacation as follows:
1. By resolution, set a date to hold a public hearing. The purpose of the public hearing is to
take testimony from affected property owners on the merits of the vacation;
2. Hold a public hearing to take testimony (oral and written) on the proposed vacation; and,
3. Based on the outcome of public hearing consider an ordinance to approve or deny the
vacation.
At this time, the City Council is considering whether to schedule a public hearing to consider the
vacation as described in this staff report. No formal decision is being made on whether or not to
vacate the right-of-way. Following the proposed public hearing the Council may determine
whether or not to vacate the right-of-way. To approve the vacation, the City Council must find
the following:
1. That a majority of property owners in the affected area do not object to the vacation in
writing; and,
2. Adjoining property owners either consent to the vacation or are compensated for any
significant decrease in property value associated with the right-of-way vacation.
In this case, the adjoining property owner is requesting that the City Council schedule a public
hearing to initiate the vacation proceedings as necessary to develop their property with needed
housing.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City Council set forth five (5) strategic priorities in the 2040 Strategic Plan. The following apply
to the proposed vacation:
Community Investment
Goal 6 – Meet the housing needs of Central Point residents and businesses.
Initiating the right-of-way vacation proceedings supports completion of a residential infill
development project on Grant Road that will provide 12 primary single-family housing units.
Given the current demand for housing and lack of supply, initiating the vacation proceedings is
consistent with Council’s goal to meet the City’s housing needs.
Vibrant Economy
Goal 1 – Manage growth to provide a timely and orderly provision of facilities and services.
Initiating the vacation will allow for managed growth and timely and orderly provision of facilities
and services needed to for the Mayberry Place residential subdivision.
STAFF RECOMMENDATION:
Consider the Resolution to schedule a public hearing on August 12, 2021 and initiate
proceedings to vacate a portion of unimproved Cook Lane right-of-way located adjacent to 3664
and 3644 grant road (37S 2W 10BC tax lot 2200 and 2301).
9.D
Packet Pg. 53
RECOMMENDED MOTION:
I approve Resolution No. ______ setting a public hearing and initiating proceedings to vacate a
portion of unimproved Cook Lane.
ATTACHMENTS:
1. Attachment A - Project Location Map
2. Attachment B - Resolution (incl Exhibits)
9.D
Packet Pg. 54
E
2.3.2020
Cook Lane Vacation
Project Location MapVAC-21001
Approx. locaton of proposed right-of-way vacation.
37S 2W 10BC TL 2301
W.L. Moore Construction, Inc.
37S 2W 10BC TL 2200W.L. Moore Construction, Inc.
Cook LaneGrant Road9.D.a
Packet Pg. 55 Attachment: Attachment A - Project Location Map (1435 : Cook Lane Right-of-Way Vacation)
ATTACHMENT “B
RESOLUTION NO. _______
A RESOLUTION SETTING A PUBLIC HEARING AND INITIATING
PROCEEDINGS TO VACATE A PORTION OF UNIMPROVED COOK LANE
RIGHT-OF-WAY LOCATED ADJACENT TO 3664 AND 3644 GRANT ROAD
(37S 2W 10BC TAX LOT 2200 and 2301)
RECITALS:
A. The Central Point City Council (“Council”) is authorized under ORS
271.130 to initiate vacation proceedings for any public street without a petition or
consent or property owners.
B. It is the intent of the Council to initiate a vacation of a portion of
unimproved Cook Lane adjacent to property identified as 3664 and 3644 Grant
Road and identified on the Jackson County Assessor’s Map as 37S 2W 10BC
Tax Lot 2200 and 2301, as described in attached Exhibit “A”, “B” and “C.”
C. The Council’s action to initiate the above described vacation will be
accomplished in accordance with all provisions of ORS 271.130.
The City of Central Point resolves:
Section 1. A public hearing is set for the City Council Meeting on August 12,
2021 at 7:00 p.m. in the Central Point Council Chambers, City Hall 140 South
Third Street, and Central Point Oregon to receive public testimony regarding the
vacation and to make a determination regarding the same.
Section 2. Notice of said public hearing shall be provided in accordance with
ORS 271.110.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 2021.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
9.D.b
Packet Pg. 56 Attachment: Attachment B - Resolution (incl Exhibits) (1435 : Cook Lane Right-of-Way Vacation)
9.D.b
Packet Pg. 57 Attachment: Attachment B - Resolution (incl Exhibits) (1435 : Cook Lane Right-of-Way Vacation)
9.D.b
Packet Pg. 58 Attachment: Attachment B - Resolution (incl Exhibits) (1435 : Cook Lane Right-of-Way Vacation)
9.D.b
Packet Pg. 59 Attachment: Attachment B - Resolution (incl Exhibits) (1435 : Cook Lane Right-of-Way Vacation)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: July 8, 2021
SUBJECT: Fiscal Year 2019-20 Audit Report
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
In accordance with Oregon Revised Statutes 297.425 as specified in Oregon Administrative
Rule 162-10-000 through 162-010-320 of the Minimum Standards for Audits of Municipal
Corporations, an audit of the financial records of the City of Central Point for the fiscal year
2019-20 was required.
The accounting firm of Isler CPAs from Eugene performed the audit for the 2019-20 fiscal year
and rendered the opinion that the financial statements present fairly, in all material aspects, the
respective financial position, changes in financial position, and respective budgetary comparison
of the City of Central Point.
Due to the COVID-19 pandemic and the inability to have the auditors perform their work onsite
at City Hall, multiple delays have led to the audit report being presented later than prior years.
FINANCIAL ANALYSIS:
N/A
LEGAL ANALYSIS:
N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point 2040 Strategic Plan
Strategic Priority: Responsible Governance
Goal 1: Maintain a strong financial position that balances the need for adequate service levels
and capital requirements against the affordability that is desired by our citizens.
10.A
Packet Pg. 60
STAFF RECOMMENDATION:
Accept the fiscal year 2019-20 audit report as presented.
RECOMMENDED MOTION:
I move to accept the fiscal year 2019-20 audit report as presented.
10.A
Packet Pg. 61
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: July 8, 2021
SUBJECT: Central Point Community Center Update
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
Due to the impacts of COVID-19, including reductions in projected General Fund revenues, the
Central Point Community Center Project was delayed during the 2019-2021 budgeted cycle.
Furthermore, during the 2021-2023 City budget development process, the City Council agreed
that a review of the Autumn 2021 property tax turnover would be an opportune time to
“reengage” with the community center project and make appropriate decisions about moving the
project forward.
During the COVID-19 delay, the United States Congress approved the American Rescue Plan
Act (ARPA), which has allocated “one-time” revenues to cities, counties, and state governments
throughout the United States. One component of the ARPA being encouraged by the United
States Treasury is partnerships amongst government entities eligible for ARPA funds/projects.
Jackson County has approached the City of Central Point about the possibility of partnering on
a community center facility located at Jackson County Expo. Generally speaking, a partnership
with Jackson County could double the size, offerings, and potential of a Central Point
community center. Moreover, a significant portion of the required infrastructure required to
accommodate a community center (i.e., parking) already exists at the current Expo facility.
However, altering the planned Central Point community center location would also have
drawbacks. Walkability, centralized location, operational autonomy, a location outside Central
Point Urban Renewal District, etc., would all be impacted by a change to project
venue/partnership.
FINANCIAL ANALYSIS:
Prior to being delayed by COVID-19, the Central Point Community Center Project included a
total estimated cost of 10 million dollars. However, given the significant inflationary cost seen in
the construction sector of the economy, it is likely that total project costs have increased to the
12-14 million range.
10.B
Packet Pg. 62
If the City were to partner with Jackson County, our contribution to a 20 million dollar facility is
estimated at 6-8 million, which is a far smaller burden on the Central Point tax/ratepayer.
However, the community center project would have been eligible for Urban Renewal District
contributions at the original location, which would have likely limited project general fund
contributions to the same 6-8 million dollar range. In summary, partnering with the Expo creates
an opportunity cost of capital decision, where the previously dedicated Urban Renewal funds
could be allocated to an alternate project.
LEGAL ANALYSIS:
Currently not applicable.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Staff recommends City Council discuss and consider forming an exploratory committee with
Jackson County to discuss a potential project. Then, based on the work of the exploratory
committee, a formal recommendation on whether a project partnership is desirable would be
made to the city council at a future date.
RECOMMENDED MOTION:
None at this time.
10.B
Packet Pg. 63