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CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, August 12, 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 (1679) Ord (2080)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. SPECIAL PRESENTATIONS
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 July 8, 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.
A. Public Hearing and First Reading of an Ordinance Vacating Approximately 808
Square Feet of Undeveloped Cook Lane Right-of-Way Located Adjacent to
Property Identified on the Jackson County Assessor’s Map as 37S 2W 10BC Tax
Lots 2200 and 2301 (Holtey)
IX. ORDINANCES, AND RESOLUTIONS
A. Ordinance No. _______, Ordinance Amending in Part Central Point Municipal
Code Chapter 10.14 Adding Police Department Authority (Dreyer)
B. Resolution No. _______, Approving the Rogue Disposal and Recycling, Inc,
Twenty Fifth Year Performance Audit, Fifth Anniversary Rate Adjustment,
Amendment to Annual Adjustment and Fire-Year Franchise Extension Pursuant
to Article 7 of the Solid Waste Agreement (Clayton)
C. Resolution No. ________, Regarding a Lease Purchase Agreement for the
Purpose of Financing Public Works Equipment (Weber)
D. Resolution No. ________, Exercising the Power of Eminent Domain for the
South Haskell Street Extension (Samitore)
X. BUSINESS
A. Citizens Advisory Committee Appointment (Clayton)
B. Planning Commission Report for the August 3, 2021 meeting. (Holtey)
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, July 8, 2021
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Excused
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Finance Director Steve Weber; Police Chief Kris Allison (Virtual); Police Captain Dave
Croft; Parks and Public Works Director Matt Samitore (Virtual); Planning Department
Director Stephanie Holtey; and City Recorder Deanna Casey.
IV. SPECIAL PRESENTATIONS
1. Rogue Recycling Rate Adjustment Presentation
Rogue Disposal Representative Laura Leebrick presented a slide show for the 5 year
review of Rogue Disposal. She explained this is part of the franchise agreement with
Central Point. Council will be asked to acceptance the Performance Audit, periodic
rate adjustment, approval of a five-year franchise extension from December 2026 to
December 2031 in the coming months.
She provided an update on the recycle crash of 2018. There were challenges in
2020 because of the pandemic and making sure that service was not interrupted with
staff members being out.
V. PUBLIC COMMENTS - None
VI. CONSENT AGENDA
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City of Central Point
City Council Minutes
July 8, 2021
Page 2
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
A. Approval of June 24, 2021 City Council Minutes
Council Member Taneea Browning moved to approve the
Consent Agenda as presented.
VII. ORDINANCES, AND RESOLUTIONS
A. Ordinance No. ________, an Ordinance Amending Central Point Municipal
Code Chapter 8.24 Flood Damage Prevention (File No. ZC-21002)
Community Planner II Justin Gindlesperger stated there were no recommended
changes at the first reading of an Ordinance for proposed floodplain management
amendments. These measures include requirements for zoning, subdivisions,
buildings and building codes, and the overall floodplain environment.
Council Member Melody Thueson moved to approve Ordinance 2079, An
Ordinance Amending Central Point Municipal Code Chapter 8.24 Flood
Damage Prevention (File No. ZC-21002).
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
B. First Reading - Ordinance Amending in Part Central Point Municipal Code
Chapter 10.14 Adding Police Department Authority
City Attorney Sydnee Dreyer explained the City recently amended its municipal code
to add Chapter 10.14 establishing preferential parking districts. As adopted, the code
provides that the Public Works Department will administer the program, issue
permits and replacement permits. 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 ordinance will modify the authority
to the police department.
Council Member Rob Hernandez moved to second reading an Ordinance
amending in Part Central Point Municipal Code Chapter 10.14 Adding Police
Department Authority.
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City of Central Point
City Council Minutes
July 8, 2021
Page 3
RESULT: 1ST READING [UNANIMOUS]
Next: 8/12/2021 7:00 PM
MOVER: Rob Hernandez, At Large
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
C. Resolution No. _______, Regarding a Lease Purchase Agreement for the
Purpose of Financing "Public Works Vehicles and Equipment"
Finance Director Steven Weber explained 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 equipment. The proposed structure of the lease 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 to execute the
contract.
Council Member Melody Thueson moved to approve Resolution No. 1677,
Regarding a Lease Purchase Agreement for the Purpose of Financing "Public
Works Vehicles and Equipment”.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
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).
Planning Director Stephanie Holtey stated that 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. 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. This is a 808 square foot area that
needs to be vacated before the subdivision can be completed. The proposed
resolution sets the public hearing date for August 12, 2021.
Council Member Michael Parsons moved to approve Resolution No. 1678, A
Resolution setting a Public Hearing and Initiating Proceedings to Vacate a
Portion of Unimproved Cook Lane.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
VIII. BUSINESS
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City of Central Point
City Council Minutes
July 8, 2021
Page 4
A. Fiscal Year 2019-20 Audit Report
Finance Director Steven Weber introduced Gatlin Hawkins from Isler CPA. Mr.
Hawkins stated that Isler CPA 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.
There are two items worth mentioning. 1) The budgeted amount in the capital
improvement funds was different than actual expenses. Mr. Weber explained this
was an item that was carried over into the following year. 2) When testing cash
balance at the end of 2020, a reconciling item was recorded incorrectly. Some
checks were written for the wrong fiscal year.
Council Member Taneea Browning moved to accept the Fiscal Year 2019-20
Audit Report as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Thueson, Browning, Hernandez, Parsons
EXCUSED: Kelley Johnson
B. Central Point Community Center Update
City Manager Chris Clayton stated that the Community Center project has been
delayed because of COVID-19. During the pandemic the federal government
approved several funding packages and encouraged partnerships with government
agencies. He has spoken with County Administrator Danny Jordan and discussed
partnering on a community facility to be located at the Expo. The city could save
money if we joined with the expo on this project.
Council discussed pros and cons of the Central Point Community Center being
located at the Expo. There is concern over how we would maintain control as a
Community Center; it is not within walking distance to any subdivision; it sounds like
it would be more of a Regional Facility than a Community Center. There would be a
significant cost reduction if the County and City joined forces on the project.
County Commissioner Dotterer stated that the County Commissioners have the
same questions that the Council does and believes that Mr. Clayton and Mr. Jordon
can come up with good recommendations that will work for both sides.
Council agreed that it would be worth looking into the idea and the pros and cons.
RESULT: FOR DISCUSSION ONLY
IX. MAYOR'S REPORT
Mayor Hank Williams reported that he participated in the Fourth of July parade. He
thought it went very well and was well attended. He also attended the Fireworks display
in Twin Creeks.
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City of Central Point
City Council Minutes
July 8, 2021
Page 5
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
The City has located the owners of the cemetery. The City Attorney has prepared a
letter asking them to turn over the land to the City.
There was a very nice article in the Tribune about Tom Humphrey’s Retirement.
The City Attorney is working on a letter for the Quillen property purchase.
He has received an email from Chief Horton with a report on the Fourth of July. We
may be recommending some rules to implement next year in regards to personal
use of fireworks.
He will provide a building statistic chart tomorrow in his report.
A notice will be in the paper regarding the sale of the Old Military Road property, the
property will be noticed and it is posted on the City Website.
He has been corresponding with the new Emergency Manager at the County, she
will be meeting with staff in a few week.
We have received three CAC applications and should have a recommendation for
Council appointment in August.
XI. COUNCIL REPORTS
Council Member Melody Thueson reported that she attended the Fourth of July Parade
and the fireworks in Twin Creeks.
Council Member Mike Parsons reported that:
He attended the Fourth of July festivities and participated in the parade. As the final
vehicle, attendees shared many opinions and comments. Well done to those who
planned the parade.
He attended the Parks and Recreation Foundation meeting.
Council Member Rob Hernandez reported that he was glad the City was able to have the
parade and the fireworks shows.
Council Member Taneea Browning reported that she attended the Fourth of July parade
and festival at the park.
Council Member Neil Olsen appreciates the thoughtfulness on the decisions made for
the Fourth of July parade and fireworks.
XII. DEPARTMENT REPORTS
Planning Director Stephanie Holtey reported that:
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City of Central Point
City Council Minutes
July 8, 2021
Page 6
Planning Staff is preparing for the Citizen’s Advisory Committee next week. The agenda
includes discussion regarding draft code amendments for Mobile Food Trucks and
various zoning code amendments, including changes to residential zones to promote
housing.
There was a Pre-application conference this week to redevelop 185 West Vilas Road
with three duplex units. The proposal will include demolition of the existing dwelling and
street improvements that will connect to Windsong Lane to the east.
A Pre-application conference request was received for Gebhard Village, and 80 lot
residential subdivision that is proposed to include a mix of housing types. This project
adjoins the north boundary of the White Hawk project on Gebhard Road.
City Attorney Sydnee Dryer reported that City Manager Clayton received an email
from a committee for Citizens of Greater Idaho asking the city to put an advisory
question on the next ballot. Council agreed that this type of question should come
from the citizens and not the local government officials.
Chief Allison recapped the Fourth of July with the Police Department. There were no
major incidents.
Captain Dave Croft reported that the special parking district is signed and striped.
We will be monitoring and enforcing the no parking in the area.
XIII. ADJOURNMENT
Council Member Rob Hernandez moved to adjourn the meeting at 8:33 p.m.
The foregoing minutes of the July 8, 2021, Council meeting were approved by the City Council
at its meeting of _________________, 2021.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: August 12, 2021
SUBJECT: Public Hearing and First Reading of an Ordinance Vacating
Approximately 808 Square Feet of Undeveloped Cook Lane Right-of-Way
Located Adjacent to Property Identified on the Jackson County
Assessor’s Map as 37S 2W 10BC Tax Lots 2200 and 2301
ACTION REQUIRED:
Public Hearing
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
On July 8, 2021, the City Council considered a request to abandon or “vacate” a small portion of
unimproved Cook Lane and approved Resolution No. 1677 to initiate proceedings and schedule
a public hearing. Cook Lane right-of-way was dedicated 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 has
been tentatively approved to be re-platted as Lots 11 and 12 in Mayberry Place, a 12-lot
subdivision. Most of Cook Lane right-of-way will be incorporated into a new residential street but
there is an 808 square foot section that is not needed for public access. The purpose of the
vacation is abandon the unneeded section as needed to complete the subdivision. At this time,
the city Council is conducting a public hearing and considering the vacation relative to the
approval criteria in ORS 271.130.
FINANCIAL ANALYSIS:
Financial impact to the City is limited to in-kind expenses which are recovered with planning
related fees.
LEGAL ANALYSIS:
Central Point Municipal Code (CPMC) Chapter 12.28 establishes the application process and
fees associated with requests to vacate right-of-way by petition or when initiated by the local
governing body. In this case the council is considering a vacation initiated by City Council
resolution, which is subject to the criteria set forth in ORS 271.130. As demonstrated in the
analysis below, the vacation meets the applicable criteria:
ORS 271.130(1).
The city governing body may initiate vacation proceedings authorized by ORS 271.080
and make such vacation without a petition or consent of property owners.
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Comment: By Resolution No. 1677 the City initiated proceedings to consider the
vacation as presented in Attachment “A.”
No street area will be vacated without the consent of the owners of the abutting property
if the vacation will substantially affect the market value of such property unless the city
governing body provides for paying damages.
Comment: There is no evidence that the street vacation will have any substantial impact
on the market value of the adjoining properties other than to facilitate residential
development. Notwithstanding, the abutting property owners by requesting the vacation
as provided in Attachment “B”, provided written consent.
No street area will be vacated if the owners of a majority of the area affected, computed
on the basis provided in ORS 271.080, object in writing.
Comment: The City provided legal notice of the proposed vacation to all property owners
within the affected area as determined by the calculations in ORS 271.080 and provided
published notice in the Mail Tribune on July 29, 2021 and August 5, 2021 as required.
Notice was also posted on the site. At this time, no written objections have been
received. At the conclusion of the public hearing, the City Council will determine if written
objections are received and if the objections represent a majority of the property owners
in the affected area. Legal notices are provided in Attachment “C.”
ORS 271.130(2) addresses joining two intersecting streets in one proceeding, which does not
apply in this case.
ORS 271.130(3). No ordinance for the vacation of all or part of a plat shall be passed by the
governing body until the city recording officer has filed in the office of the city recording officer or
indorsed on the petition for such vacation a certificate showing that all city liens and all taxes
have been paid on the lands covered by the plat or portion thereof to be vacated.
Comment: The owner of the properties abutting the area to be vacated has been notified of the
requirement to certify that all taxes and liens are paid. As provided in Attachment A, the
ordinance approving the vacation will not take effect until 30-days after the seconding reading
and a certificate is received.
ORS 271.130(4) addresses appeals for property owners affected by the order of vacation or the
order awarding damages.
Comment: As demonstrated herein, there are no damages to be awarded based on consent of
abutting property owners because they have consented to the vacation in writing.
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.
Vacating the unneeded right-of-way satisfies a condition of approval to plat 12 residential lots.
Given current demand for housing and lack of supply, the vacation is consistent with this goal.
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Vibrant Economy, Goal 1 – Manage growth to provide a timely and orderly provision of facilities
and services.
Vacating the unneeded right-of-way will allow construction of the necessary street and all
associated public facilities in a timely and orderly manner.
STAFF RECOMMENDATION:
Conduct the public hearing and forward the ordinance to a second reading with or without
changes.
RECOMMENDED MOTION:
I move to forward the ordinance vacating a portion of undeveloped Cook Lane right-of-way to a
second reading.
ATTACHMENTS:
1. Written Request/Consent to Vacate
2. Legal Notices
3. Ordinance Cook ROW Vacation
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FARBER CONSULTING
PO BOX 5286
CENTRAL POINT, OREGON 97502
541-664-5599
June 21, 2021
City of Central Point City Council 140 South 3rd Street Central Point Oregon 97502
Re: Request by Council Motion a Vacation of a portion of Cook Lane.
Honorable Councilor’s:
As agent for Twin Creeks Development Co, LLC, we hereby request the Council by the authority granted by the Oregon Revised Statutes Chapter 270.130 initiate the vacation of a
portion of Cook Lane. This request is by 100 percent of the owners of the affected properties.
The portion requested to be vacated is no longer needed because of the Planning Commission approval of Mayberry Place which will provide a city street improved to full City Standards providing access to 12 Lots. Cook Lane is presently an undeveloped right of way.
Respectfully,
Herbert A Farber, Agent
8.A.a
Packet Pg. 12 Attachment: Written Request/Consent to Vacate (1445 : Cook Lane Right-of-Way Vacation)
8.A.b
Packet Pg. 13 Attachment: Legal Notices (1445 : Cook Lane Right-of-Way Vacation)
8.A.b
Packet Pg. 14 Attachment: Legal Notices (1445 : Cook Lane Right-of-Way Vacation)
8.A.b
Packet Pg. 15 Attachment: Legal Notices (1445 : Cook Lane Right-of-Way Vacation)
ORDINANCE No. __________ AN ORDINANCE VACATING APPROXIMATELY 808 SQUARE FEET OF UNDEVELOPED COOK LANE RIGHT-OF-WAY LOCATED ADJACENT TO PROPERTY IDENTIFED ON THE
JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 10BC TAX LOTS 2200 AND 2301 Applicant: W.L. Moore Construction, Inc. Recitals: A. On November 3, 2020, the Central Point Planning Commission approved a tentative subdivision plan (Resolution No. 882) to create a 12-lot residential subdivision served by a public street that incorporates most of the undeveloped Cook Lane right-of-way abutting property identified as 37S2W10BC Tax Lots 2200 and 2301. In
rendering this decision the City determined that a portion of the Cook Lane right-of-way is not needed for public access. B. In accordance with CPMC Chapter 12.28 and Oregon Revised Statute (ORS)
Chapter 271.130, the Central Point City Council considered a request to initiate proceedings to vacate the unneeded portion of Cook Lane right-of-way by the owner of Tax Lots 2200 and 2301, and approved Resolution No. 1677 fixing a time for a
public hearing to consider the vacation. C. On August 12, 2021 the City Council held duly noticed public hearing in accordance with ORS 271.110 to consider the vacation and receive public testimony. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the Staff Reports, Findings of Fact and evidence which are incorporated herein by reference; determines that the public interest is not prejudiced; that changing community conditions and needs justify the vacation and hereby adopts this ordinance to vacate the undeveloped Cook Lane right of way as described in Exhibits 1-3 attached hereto. Section 2. The City Manager is directed to conduct post vacation action defined in ORS 271.150 which includes filing for record with the county clerk. The petitioner for such vacation
shall bear the recording cost and the cost of preparing and filing the certified copy of the ordinance and map. A certified copy of this ordinance shall also be filed with the county assessor and county surveyor.
Section 3. Effective date. The Central Point City Charter states than an ordinance enacted by the council shall take effect on the thirtieth day after its enactments. The vacation is not
effective until thirty days after the second reading and certification has been received from the County Assessor that all City taxes and liens for the land to be vacated have been paid. Section 4. The City Recorder is authorized to correct any cross-references and any typographical errors. Passed by the Council and signed by me in authentication of its passage this ___ day of ____________, 2021. __________________________ Mayor Hank Williams ATTEST:
_____________________________ City Recorder
8.A.c
Packet Pg. 16 Attachment: Ordinance Cook ROW Vacation (1445 : Cook Lane Right-of-Way Vacation)
8.A.c
Packet Pg. 17 Attachment: Ordinance Cook ROW Vacation (1445 : Cook Lane Right-of-Way Vacation)
8.A.c
Packet Pg. 18 Attachment: Ordinance Cook ROW Vacation (1445 : Cook Lane Right-of-Way Vacation)
8.A.c
Packet Pg. 19 Attachment: Ordinance Cook ROW Vacation (1445 : Cook Lane Right-of-Way Vacation)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 12, 2021
SUBJECT: Ordinance No. _______, Ordinance Amending in Part Central Point
Municipal Code Chapter 10.14 Adding Police Department Authority
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City amended its municipal code to add Chapter 10.14 establishing preferential parking
districts. As adopted, the Code provides that the Public Works Department will administer such
program, issue permits and replacement permits, etc. Staff 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:
Approve recommended amendments.
RECOMMENDED MOTION:
I move to approve Ordinance No. ________, amending in part Central Point Municipal Code
Chapter 10.14 adding Police Department authority.
ATTACHMENTS:
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1. Ord Amending Ch 10.14 Police Department Authority
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______________________________________________________________________________
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.
9.A.a
Packet Pg. 22 Attachment: Ord Amending Ch 10.14 Police Department Authority (1439 : Ordinance Amending Chapter 10.14 Administration of Parking
______________________________________________________________________________
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.A.a
Packet Pg. 23 Attachment: Ord Amending Ch 10.14 Police Department Authority (1439 : Ordinance Amending Chapter 10.14 Administration of Parking
______________________________________________________________________________
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.A.a
Packet Pg. 24 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.A.a
Packet Pg. 25 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:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: August 12, 2021
SUBJECT: Resolution No. _______, Approving the Rogue Disposal and Recycling,
Inc, Twenty Fifth Year Performance Audit, Fifth Anniversary Rate
Adjustment, Amendment to Annual Adjustment and Fire-Year Franchise
Extension Pursuant to Article 7 of the Solid Waste Agreement
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The Franchise Agreement between the City of Central Point and Rogue Disposal requires City
Council approval of a 25-Year Performance Audit, Fifth Anniversary Rate Adjustment, and 5-
Year Franchise Agreement Extension. The 25-year Performance Audit, Fifth Anniversary Rate
Adjustment, and request for Franchise Agreement Extension must be reviewed by the City to
ensure accuracy and that all the franchise agreement provisions are satisfied. Having reviewed
Rogue Disposal & Recycling's proposed requests, the submitted calculations appear to be
accurate/reasonable and the relevant conditions of the franchise agreement to be satisfied.
25-YEAR PERFORMANCE AUDIT REVIEW
Article 7 of the City's Solid Waste Franchise Agreement directs as follows: In connection with
each Fifth Anniversary Rate Review conducted during the Term of this Agreement pursuant to
Section 7.2, a Performance Audit of the Contractor shall be conducted as set forth below. Each
Performance Review shall be commenced and complete during the same period of time that
the related Fifth Anniversary Review is commenced and completed.
A. Nature and Scope. The Performance Audit shall:
(i) Be performed by a qualified certified public accounting or other nationally recognized
solid waste industry consulting firm to be selected by the City and agreed to by the
Contractor.
(ii) Be paid for by the Contractor (with the cost thereof constituting an Allowable Expense
9.B
Packet Pg. 26
for purposes of this Agreement).
(iii) Address all appropriate areas, including those areas requested or identified by the City
as well as those listed below, and shall provide specific recommendations, as appropriate,
for improvement in each area:
(a) Compliance with the terms of this Agreement and applicable codes, laws,
and regulations.
(b) Overall organizational structure and management systems and procedures.
(c) Staffing practices, including the deployment of management and supervisory
personnel.
(d) Financial management practices, including the Contractor's billing and Collection
system and its policies with regard to uncollected accounts.
(e) Personnel management practices, including compensation policies and the
resolution of employee grievances.
(f) Employee job and safety training with respect to the management of Hazardous
Waste to the extent necessary to enable Contractor's employees to make initial
identifications of Hazardous Waste and to ensure that Hazardous Waste inadvertently
collected by Contractor within the Franchise Area is properly handled and disposed.
(g) Procedures for receiving and resolving customer complaints and concerns, including
damage to customer-owned containers and disappearance of container covers.
(h) Procedures for the acquisition, maintenance, and replacement of equipment; types
of equipment; rationale for recent capital investments; and financing options.
(i) Utilization and management of facilities.
(j) Comparison with practices of solid waste collection companies in Oregon conducting
operations and providing services similar to those of Contractor under this Agreement
and operating in communities similar to the City and comparison with accepted industry
standards in the State of Oregon.
(k) An analysis of the financial and rate impact of any recommendations made by the
consultant conducting the Performance Audit. Contractor is expected to cooperate fully
with the Performance Audit, and provide all operational, financial and other information
deemed reasonable and necessary by the City for purposes of conducting the
Performance Audit. Contractor's failure to cooperate or track or provide all information
necessary to conduct the Performance Audit shall be considered an event of default.
The results of the Performance Audit shall be compiled in a report prepared by the
consulting firm selected to conduct the Performance Audit, which report shall be
delivered in writing simultaneously to both the City and the Contractor.
9.B
Packet Pg. 27
FIFTH ANNIVERSARY RATE REVIEW:
Article 7 of the City's Solid Waste Franchise Agreement directs as follows:
Unless otherwise agreed to in writing by the City and the Contractor, a rate review (herein
called a "Fifth Anniversary Rate Review") shall be conducted by the City and Contractor so as to
make any necessary adjustment to the Approved Service Rate Schedule effective as of each
Fifth Anniversary. The Contractor shall provide to the City the information needed for a Fifth
Anniversary Rate Review not less than 135 days prior to the related Fifth Anniversary. Within 45
days of the date upon which the Contractor provides the City with the information needed for
the Fifth Anniversary Rate Review, the City shall notify the Contractor in writing as to whether
the City accepts such information as complete or specifying any respect in which the City deems
such information incomplete or deficient. Failure of the City to so notify the Contractor within
such 45-day period that the information is incomplete or deficient shall constitute acceptance
by the City of such information as complete, which deemed acceptance shall be effective as of
such 45th day. The City staff shall review such information and complete all its deliberations in
connection therewith within 45 days from the date of acceptance or deemed acceptance by the
City of the information provided by the Contractor. Not later than the next regularly scheduled
City Council meeting following the end of such 45-day period, the City staff shall place on the
City Council meeting agenda a presentation of its recommendations for consideration by City
Council, and the City Council shall thereafter act without undue delay to approve or disapprove
any proposed adjustment to the Approved Service Rate Schedule. Upon the request of the City
or the Contractor, the foregoing time periods may be extended for such additional period of
time as the parties shall mutually agree.
A rate review (herein called a "Requested Rate Review") shall be conducted by the City and the
Contractor at any time at the written request of either party (the date of any such written
request being herein called the "Request Date"). The Contractor shall provide to the City the
information needed for a Requested Rate Review within 90 days following the Request Date.
Within 45 days of the date upon which the Contractor provides the City with the information
needed for the Requested Rate Review, the City shall notify the Contractor in writing as to
whether the City accepts such information as complete or specifying any respect in which the
City deems such information incomplete or deficient. Failure of the City to so notify the
Contractor within such 45-day period that the information is incomplete or deficient shall
constitute acceptance by the City of such information as complete, which deemed acceptance
shall be effective as of such 45th day. The City staff shall review such information and complete
all its deliberations in connection therewith within 45 days from the date of acceptance or
deemed acceptance by the City of the information provided by the Contractor. Not later than
the next regularly scheduled City Council meeting following the end of such 45-day period, the
City staff shall place on the City Council meeting agenda a presentation of its recommendations
for consideration by City Council, and the City Council shall thereafter act without undue delay
to approve or disapprove any proposed adjustment to the Approved Service Rate Schedule.
Upon the request of the City or the Contractor, the foregoing time periods may be extended for
such additional period of time as the parties shall mutually agree.
Information Required for Rate Reviews. In connection with the Initial Rate Review and Fifth
9.B
Packet Pg. 28
Anniversary Rate Review, and each Requested Rate Review, each of the following items shall be
provided by Contractor to the City at no expense to the City, and in the form prescribed by this
Agreement:
i) To the extent not previously provided to the City, audited financial statements for the
three years immediately preceding the year in which the rate review is conducted,
which
financial statements shall show the Gross Revenue derived by Contractor from 2Z the
service provided by it in the Franchise Area pursuant to this Agreement separate from
the revenues derived by Contractor from any and all other Contractor operations.
ii) Gross Revenues and Franchise Expenses for the prior three fiscal years by program,
Gross Revenues and Franchise Expenses to date for the current fiscal year by program,
and projected Gross Revenues and Franchise Expenses for the remainder of the current
year and ensuing three (3) years by program.
iii) Number of customers and bad debts in each Rate Category.
iv) Total costs and allocation methods for Franchise Expenses shared with non-franchise
services, Operations or activities.
v) To the extent not already provided above or disclosed in the Contractor's- audited
financial statements previously presented to the City, related party transactions
between
the Contractor and its affiliates as determined in accordance with generally accepted
accounting principles.
vi) Organization chart reflecting current staffing, job description and salary schedules.
vii) Contractor's depreciation and equipment replacement schedules.
viii) Schedule of rates charged at each Disposal Site used by the Contractor along with
tonnages disposed at each Disposal Site.
ix) A survey of collection rates of and services provided by certain other collection and
disposal companies to be agreed upon by City and Contractor.
x) Operational data for the services to be provided by Contractor under this Agreement.
xi) A proposed service fee (rate schedule) for each Rate Category, together with a
rationale
for how these rates were determined based on the Contractor's calculated Franchise
Expenses and Operating Margin and the number and type of services within each Rate
Category.
xii) Such other information as the City or the Contractor may deem necessary.
9.B
Packet Pg. 29
Rate Review Process. In connection with each rate review under this Section 7.2, any proposed
adjustments to the Approved Service Rate Schedule shall be considered by the City Manager,
who shall thereafter make a recommendation to the City Council regarding the proposed
adjustment, which recommendation shall propose an adjustment in accordance with the terms,
provisions and requirements set forth in this Agreement. The City Manager shall do the
following in reviewing a proposed adjustment to the Approved Service Rate Schedule:
i) Take into consideration the Franchise Expenses, any performance incentives and
sanctions, rate comparability, and the reasonableness of costs and other information as
the City Manager determines to be appropriate. As used in this subsection,
performance incentives and sanctions refer to arrangements that the City and the
Contractor may enter into in the future such as: an incentive to the provider of a
Recycling service to allow the service provider to keep an increasing percentage of
revenues as larger amounts (or a wider range) of materials are Recycled; or a sanction
consisting of liquidated damages, as specified in a written agreement, that are assessed
against the service provider for failure to meet specified diversion goals.
ii) When determining the amount of Gross Revenues required to be produced by the
Approved Service Rate Schedule, use the following equation:
Gross Revenues = (Franchise Expenses) + (Operating Margin)
City Council Approval. Upon receipt of the City Manager's recommendation, the City
Council of City shall determine whether to approve by resolution any change in the Approved
Service Rate Schedule.
FRANCHISE EXTENSION REQUIREMENTS:
Article 3 of the City's Solid Waste Franchise Agreement directs as follows:
On every fifth anniversary, and continuing until such time as the Term of this Agreement
expires and is not extended, the City shall notify the Contractor in writing whether or not the
City, in its sole discretion, elects to extend the Term of this Agreement for an additional five (5)
years beyond the then current date (an "extension period"). If the City so elects to extend the
term of this Agreement for an extension period, and the Contractor accepts such extension by a
writing delivered to the City, then the term of this Agreement shall be extended for an
additional five (5) years beyond the then current expiration date.
FINANCIAL ANALYSIS:
Beginning January 1st, 2022, the proposed fifth-anniversary rate adjustment has the following
impact on Central Point residential customers:
35-gallon cart @ curb $22.57/per month.
65-gallon cart @ curb $34.48/per month.
95-gallon cart @ curb $53.13/per month.
9.B
Packet Pg. 30
*Commercial and specialty rate information is included in the attached rate schedule (Exhibit C).
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
2040 City of Central Point Strategic Plan
GOAL 5 - Plan, design, and construct modern and efficient infrastructure in all areas and
systems.
STRATEGY 1 – Continually update infrastructure plans.
STRATEGY 2 – Provide regular financial analysis on utility enterprise funds so infrastructure can
be adequately maintained, restored, upgraded, and expanded.
STRATEGY 3 – Aggressively seek to capitalize on partnerships with Jackson County, the City of
Medford, and the Oregon Department of Transportation to eliminate infrastructure deficiencies
and build for the future.
STRATEGY 4 – Plan, design, and construct new public safety facilities (Police Station and East
Side Substation) to meet the evolving needs of the community.
STRATEGY 5 – Continually invest in technology infrastructure that maximizes our efficiency and
productivity.
STAFF RECOMMENDATION:
1. Provide additional comments to Rogue Disposal and Recycling on their requested action.
2. Adopt resolution approving Rogue Disposal and Recycling's 25-Year Performance Audit,
proposed Fifth Anniversary Rate Adjustment (effective January 1st, 2022) and 5-Year
Franchise Agreement Extension.
RECOMMENDED MOTION:
I move to adopt Resolution No. _____, approving the rogue disposal & recycling, inc. Twenty
9.B
Packet Pg. 31
fifth year performance audit, fifth anniversary rate adjustment, amendment to annual adjustment
and five-year franchise extension pursuant to article 7 of the solid waste agreement.
ATTACHMENTS:
1. 5YearReview_Central Point_R1_21.07.07
2. Central Point Jan2022 RDR Exhibit C
3. 5th Addendum (2021) - Central Point - Rev
4. 2021 Resolutions - Central Point - Rogue Recycling
5. Letter of Notification-Request RDR 2021
9.B
Packet Pg. 32
5 -YEAR REVIEW
CITY OF CENTRAL POINT
JULY 8,2021
9.B.a
Packet Pg. 33 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Protect public and environmental health,welfare
and safety through adherence to federal, state and
local regulations and environmental goals.
Provide consistent services and a regulated rate structure
for citizens of Central Point,managed in an
environmentally responsible manner.
Solid Waste System Goals
9.B.a
Packet Pg. 34 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Acceptance of Performance Audit (Maul,Foster,Alongi)
Acceptance of Periodic Rate Adjustment Report
Opportunity to adjust rates based on findings of rate report
Approval of 5 year Franchise extension from
December 31,2026 expiration to December 31,2031
5 Year Review: The Process
9.B.a
Packet Pg. 35 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Residential Waste Customers: 4,255
Commercial Waste Customers: 233
Industrial Waste Customers:23
Residential Recycling Customers: 3,895
Commercial Recycling Customers:150
Green Waste Subscribers: 1,953
*46%of residential customers subscribe to
green waste service
RDR Customer Breakdown:
Central Point
9.B.a
Packet Pg. 36 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
2018 Global recycling markets crashed
RDR took action quickly to sustain recycling
programs
Despite the challenges of finding
responsible markets for our material, RDR
has still managed to collect and market over
30K tons of recyclables per year over the
past three years
Challenges in Recycling
9.B.a
Packet Pg. 37 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
52%
23%
25%
MARCH 2018
Residential Commingle Recycling Composition Studies
March 2018 vs.March 2021
New Commingle Mix
(Cardboard,Tin/Aluminum,Milk Jugs,Newspaper)
Materials No Longer Accepted
(Glass,Mixed Paper,Mixed Plastics)
Garbage
(Material that has never been accepted)
MARCH 2021
79%
14%
7%
Contaminationin
Commercial and
Multi-FamilyRecycling
has also decreased
over the same period.
Contamination
Reduction
Working with our
customers to reduce
contamination has
allowed us to contain
recycling-related costs
Actions and Results
9.B.a
Packet Pg. 38 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Actions and Results
Increased customer education and engagement
•New Website (roguedisposal.com)
•Waste Wizard feature available on website &RDR mobile app
•Developed Cart Stickers and Tags
•On-board Cameras & Computers –allow us immediate feedback
loop between customer, drivers and customer service
9.B.a
Packet Pg. 39 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Actions and Results
Succession planning
In light of imminent retirements,operational leadership structure has been reorganized
and enhanced to meet future needs.This allows for greater focus on labor and
regulatory requirements.
Information System Upgrades
•Server upgrades
•RDR Mobile App with real-time service alerts
•Added ability for remote work
•Added secure virtual meeting space
•Onboard computers/Soft-Pak billing system
9.B.a
Packet Pg. 40 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Challenges of 2020
Pandemic
•As an essential service provider,RDR’s leadership team focused on compliance and
implementing protocols to keep our employees and customers safe and well informed
•So far,these protocols allowed RDR to serve its customers without any service
interruptions during the pandemic
•We have the ability to accommodate unique needs of customers during pandemic –
RDR At Your Service
Wildfire Response
•RDR worked closely with emergency response personnel in all affected communities
•RDR’s onboard computer system for routing allowed supervisors to re-route for
efficient collection after the loss of hundreds of residences and business
accounts
9.B.a
Packet Pg. 41 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Recycling Legislation SB 582
Benefits of recently passed legislation
SB 582 –The Plastic Pollution and Recycling Modernization Act
Benefits to Oregonians –creates a more stable,consistent and affordable recycling system
in Oregon
•Law goes into effect January 1,2022,and new programs will roll out as of July 1,2025
•Establishes consistent statewide list of recyclable materials collected curbside
•Requires Truth in Labeling
•Shared responsibility -producers of packaging materials will provide $$$
•Maintains local government authority over solid waste management
9.B.a
Packet Pg. 42 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Revisions to Schedule of
Approved Rates
RDR proposes 9.8%increase to customer rates
Franchise Fee 0.6%
CPI 2.5%
CAT 0.6%
Disposal 6.1%
9.B.a
Packet Pg. 43 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Revisions to Schedule of
Approved Rates
What does this mean for our customers?
Examples:
+ $2.01 per month for a residential customer using a 35-
gallon trash cart (most commonly subscribed to
service level)
+ $17.59 per month for a commercial customer using a 2-
yard trash container,serviced once per week
+.77 cents per month for a residential customer
using subscription green waste service
9.B.a
Packet Pg. 44 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Current Statewide
Rate Comparisons
9.B.a
Packet Pg. 45 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Acceptance of Performance Audit (Maul,Foster,Alongi)
Acceptance of Periodic Rate Adjustment Report
Approval of 5 year Franchise extension
Approval of new Rate Schedule to be effective January 1,2022
Approval of modification of annual rate adjustment (CPI)to
reflect combination of disposal and CPI escalators
Request for Council Action
9.B.a
Packet Pg. 46 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Thank you for the privilege of
serving your community!
Questions?
Garry Penning:gpenning@roguedisposal.com
Laura Leebrick:lleebrick@roguedisposal.com
9.B.a
Packet Pg. 47 Attachment: 5YearReview_Central Point_R1_21.07.07 (1441 : Rogue Disposal Franchise
Residential Collection
EXHIBITC
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFECTIVE JANUARY 1, 2022
Garbage/Curbside Recycling 35 gallon cart@curb (1 can service) 65 gallon cart@ curb (2 can service) 95 gallon cart@curb (3 can service) Each Additional Can Serviced Weekly Extra 32 gallon Can or Bag On Route
$ $ $ $ $ $ $ $ $
22.57 Per month 37.85 Per month 53.13 Per month 15.28 Per month
Special Pick-up - Non-Garbage Customer
Recycling Cart -Non-Garbage Customer Green Waste Cart -Garbage Customer Green Waste Cart - Non-Garbage Customer
5.64 Each 19.16 Each 6.69 Per month 8.62 Per month 11.07 Per month
Commercial (Front-Load)
M hi F ont IY L dR ront-oa C ates by ontamer size an dF requencvo f p· k IC UP 11/2YD 2YD 3YD 4YD 6YD
1 xWeek $ 151.26 $ 197.13 $ 233.56 $ 302.38 $ 434.49 $ 2xWeek $ 244.99 $ 317.67 $ 440.24 $ 560.75 $ 784.78 $ 3xWeek $ 354.07 $ 451.71 $ 629.70 $ 794.29 $ 1,198.13 $ 4xWeek $ 463.14 $ 568.42 $ 805.79 $ 1,075.66 $ 1,575.15 $ 5xWeek $ 553.15 $ 685.13 $ 1,008.67 $ 1,334.00 $ 1,956.09 $ 6xWeek $ 627.77 $ 821.12 $ 1,198.13 $ 1,590.52 $ 2,335.01 $ Extra p/u $ 54.54 $ 65.98 $ 88.98 $ 112.01 $ 157.90 $
Commercial Commingle Recycling (Front-Load)
Monthly Front-Load Rates by Container size and Frequency of Pickup
11/2 YD 2YD 3YD 1 xWeek $ 45.38 $ 59.14 $ 70.07 Extra p/u $ 16.36 $ 19.79 $ 26.69
Commercial Commingle Recycling (Bins)
65 gallon cart @ curb (2 can service) $ 11.36
95 gallon cart@ curb (3 can service) $ 15.94
Industrial (Roll-off}
DROP BOX SERVICE RATES
4YD 6YD $ 90.71 $ 130.35 $ $ 33.60 $ 47.37 $
SYD 566.46 1,006.72 1,602.01 2,076.68 2,578.08 3,079.59 203.82
BYD 169.94 61.15
RATE PER LOAD DAILY RENT SIZE 10 Yard Box (rate per haul) 20 Yard Box (rate per haul) 27 Yard Box (rate per haul) 30 Yard Box (rate per haul) 33 Yard Box (rate per haul) 40 Yard Box (rate per haul) 50 Yard Box (rate per haul)
LOOSE COMPACT PERM $ 308.31 $ 516.70 $ · 3.29 $$ 463.48 $ 877.14 $ 4.12 $ $ 572.31 $ 4.91 $ $ 618.25 $ 4.91 $ $ 662.20 $ 4.91 $ $ 802.15 $ 4.91 $ $ 1,003.10 $ 4.91 $
TEMP 6.57 8.20 9.86 9.86 9.86 9.86 9.86
9.B.b
Packet Pg. 48 Attachment: Central Point Jan2022 RDR Exhibit C (1441 : Rogue Disposal Franchise Amendment)
EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC. MAXIMUM MONTHLY COLLECTION RATES EFFECTIVE JANUARY 1, 2022
Residential Collection Miscellaneous Charges
$ 31.67 Exchange Roll Cart $ 2.61 32 Gal Can Extra GW Pick-Up
$ 1.80 Extra GW Cart Rent Per Month
$ 3.44 On Call Extra GW Cart Pick-up
$ 8.52 Recycle Bin Not Returned
$ 3.44 For Each Addtl Resident Roll Cart
$ 29.21 Off Route Charge
$ 70.50 35 Gal Lost Cart Replacement
$ 82.01 65 Gal Lost Cart Replacement
$103.31 95 Gal Lost Cart Replacement
$ 7.37 Cart/Can not at Curb {per Month)
Commercial Collection Special Charges
$. 32. 79 Per month temporary container rental
$ 7. 70 Long Driveway with Cart {per Month)$ 131.19 Misc. Labor {Truck and Driver) per Hour
$ 57.38 Misc. Labor {Helper) per Hour
$ 55.59 Small Quantity Pgm - 5 Pre-Paid Bags $ 76. 75 Small Quantity Pgm -10 Pre-Paid Bags$ 85.26 1st Appliance $ 42.64 Ea. Additional Appliance
$ 16.39 Tire -Passenger
$ 32.79 Tire -Truck
$ 32.79 Misc. Loose Waste - Per Yard $ 10.34 Christmas Tree - Per 3 Ft Section
$ 32. 79 Per month temporary cardboard only; waived if minimum p/u every other week
$ 42.64 Trip charge/pull fee
$ 65.59 Cleaning
$ 65.59 Deposit
$ 65.59 Pickup & Delivery $ 19. 70 Pull Out from 30-90 ft {multiply by p/u per week)
$ 14.76 Key Acct
$ 8.20 Per month auto lock container
$ 26.24 Lock replacement
$132.81 6 yd. or under FL compactor cleaning fee
$143.66 Bin for a day - 5 yard - 24 hours 1 Dump
$162.80 Bin for a week-end - 5 yard -48 hours 1 Dump
$181.95 Bin for 72 hours - 5 yard - 1 Dump
$110.99 Yard debris bin for a day - 5 yard -24 hours 1 Dump $129.50 Yard debris bin for a week-end - 5 yard 1 Dump
$148.02 Yard debris bin for 72 hours - 5 yard 1 Dump
Industrial Special Charges
$ 43.80 Compactor - Per Yard Under 20 Yds $ 40.53 Compactor -Per Yard 20 Yds and Over $145.96 Compactor Cleaning
$ 42.64 Trip Charge{move box @ location) / Turn Around Charge
Deliver
Fri
1st day
Fri
1st day
$137. 76 Haul Fee -Asbestos Box {Requires special per yard disposal charge)
$137. 76 Wood Box Haul Fee $ 3.29 Per Mile, starting after border boundary
$ 32. 79 Car tire in drop box
$ 49.18 Truck tire in drop box $ 85.26 Haul Fee to haul appliance from landfill to transfer station
Medical Waste
Pickup
Mon am 4th day
Mon am
4th day
$ 24.58 1 Gallon container {Residential)
$ 30.68 2 Gallon container {Residential)
$
$
44.57 15 Gallon Steri-Box {Commercial Pick-Up)
59.08 34 Gallon Steri-Box {Commercial Pick-Up)
$
$
54.70 21 Gallon Steri-Tub {Commercial Pick-Up)
65.48 48 Gallon Steri-Tub {Commercial Pick-Up)
9.B.b
Packet Pg. 49 Attachment: Central Point Jan2022 RDR Exhibit C (1441 : Rogue Disposal Franchise Amendment)
FIFTH ADDENDUM TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT
Page 1 of 3
FIFTH ADDENDUM TO SOLID WASTE COLLECTION
FRANCHISE AGREEMENT
THIS FIFTH ADDENDUM TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT
("Addendum'') is made and entered into this ___ day of ____, 2021, amends that certain SOLID WASTE
COLLECTION FRANCHISE AGREEMENT dated July 18, 1996 (the "Agreement"), between the
CITY OF CENTRAL POINT, a political subdivision of the State of Oregon hereinafter referred to as
("City,") and ROGUE DISPOSAL & RECYCLING, INC., an Oregon Corporation, hereinafter referred to
as ("Contractor').
RECITALS
WHEREAS the parties have agreed to a modification to the Agreement on the terms and
conditions as set forth below.
NOW THEREFORE in consideration of the mutual covenants, agreements, and conditions
contained herein the parties agree as follows:
1. Pursuant to Section 3.1B of the Agreement, the City hereby notices the Contractor that
the city elects to extend the Term of the Agreement to December 31, 2031. In accordance with
Section 3.1B, the Contractor hereby accepts such extension. Therefore, the term of the Agreement
shall be extended to expire on December 31, 2031.
2. Pursuant to Section 7.2, effective January 1, 2022 the Approved Service Rate Schedule
attached hereto as Exhibit C shall be effective.
3. Section 7.5 of the Franchise Agreement is amended to read in its entirety as follows:
7.5 Annual Adjustment of Approved Service Rate Schedule
On each Anniversary Date (other than an Anniversary Date that is immediately preceded
by a Fifth Anniversary Rate Review), commencing with the Anniversary Date that falls on
January 1, 1998, there shall be an annual adjustment of the Approved Service Rate
Schedule pursuant to and in accordance with this Section 7.5. If the City and the Contractor
agree, the annual adjustment pursuant to this Section 7.5 may be waived for any year.
Unless such annual adjustment for a given year is waived by the Contractor and the City,
the Contractor shall be required to deliver to the City, not less than 120 days prior to such
Anniversary Date, a detailed calculation of the adjustment to each Rate Category Rate in
the Approved Service Rate Schedule then in effect calculated in accordance with the
Annual Rate Adjustment Formula set forth in this Section 7.5, together with all supporting
information. The City Administrator shall review such information and not less than 90
days prior to the related Anniversary Date, the City shall inform the Contractor as to
whether or not it agrees with the Contractor's calculation of such adjustment. The City shall
specify to the Contractor in writing the particulars of any disagreement with the
Contractor's calculation of such adjustment, and the City and Contractor shall meet in order
to resolve any such differences. Effective as of each Anniversary Date for which an annual
adjustment is made pursuant to this Section 7.5, each Rate Category Rate in the Approved
9.B.c
Packet Pg. 50 Attachment: 5th Addendum (2021) - Central Point - Rev (1441 : Rogue Disposal Franchise Amendment)
FIFTH ADDENDUM TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT
Page 2 of 3
Service Rate Schedule shall be adjusted in accordance with the Annual Rate Adjustment
Formula set forth in this Section 7.5.
For purposes of this Section 7.5, the Annual Rate Adjustment Formula for each Rate
Category Rate shall be, effective for the annual adjustment effective January 1, 2022, as
follows:
ARCR = {(RCR multiplied by [(NDP multiplied by CPIC) plus
(DP multiplied by DI)]} plus RCR
RCR = the service rate for a particular Rate Category as set forth in
the Approved Service Rate Schedule in effect immediately
prior to the Anniversary Date
NDP = the “non-disposal percentage” which shall be 70%, as such
percentage may be adjusted from time to time in connection
with adjustments under Section 7.2
CPIC = the percentage increase or decrease in the “CPI for all Urban
Consumers (CPIAUCSL)” as reported by the U.S. Bureau of
Labor Statistics as published for July of the current year and the
same index as published for July of the immediately preceding
year; provided that if the Approved Service Rate Schedule has
been adjusted pursuant to a Requested Rate Review or a Special
Rate Review since the last annual adjustment of the Approved
Service Rate Schedule pursuant to this Section 7.5, then the
percentage change (increase or decrease) for such index shall be
based on the relevant index published in July of the current year
and the month immediately prior to the date upon which the
Approved Service Rate Schedule was adjusted pursuant to such
Requested Rate Review or Special Rate Review; provided that
the adjustment on January 1, 2023 shall use the period of July
2021 to July 2022.
DP = the “disposal percentage” which shall be 30%, as such percent
may be adjusted from time to time in connection with
adjustments under Section 7.2
DI = the most recent disposal increase approved by Rogue Transfer
& Recycling, LLC, or such other disposal increase amount as
may be agreed upon by the City Administrator and Contractor
ARCR = the RCR as adjusted pursuant to the Annual Rate Adjustment
Formula
4. Except as modified and amended herein the Franchise Addendum, dated June 6, 1996,
shall be and remains in full force and effect.
* * * * * * * *
9.B.c
Packet Pg. 51 Attachment: 5th Addendum (2021) - Central Point - Rev (1441 : Rogue Disposal Franchise Amendment)
FIFTH ADDENDUM TO SOLID WASTE COLLECTION FRANCHISE AGREEMENT
Page 3 of 3
EXECUTED as of the day and year first above written.
OPERATOR:
ROGUE DISPOSAL & RECYCLING, INC.
an Oregon corporation
By: __________________________________
Stephen Gambee, Chief Executive Officer
CITY OF CENTRAL POINT
By: __________________________________
Hank Williams, Mayor
Attest by: _____________________________
Deanna Casey, City Recorder
Approved as to Form:
______________________________
Attorney for the City of Central Point
9.B.c
Packet Pg. 52 Attachment: 5th Addendum (2021) - Central Point - Rev (1441 : Rogue Disposal Franchise Amendment)
Resolution No. ___________ (08/08/2021)
,
RESOLUTION NO. ______
A RESOLUTION APPROVING THE ROGUE DISPOSAL & RECYCLING, INC. TWENTY
FIFTH YEAR PERFORMANCE AUDIT, FIFTH ANNIVERSARY RATE ADJUSTMENT,
AMENDMENT TO ANNUAL ADJUSTMENT AND FIVE-YEAR FRANCHISE EXTENSION
PURSUANT TO ARTICLE 7 OF THE SOLID WASTE AGREEMENT.
RECITALS:
1. The City and Rogue Disposal & Recycling, Inc. (Rogue Disposal) entered into a Solid
Waste Collection Franchise Agreement in 1996, including subsequent amendments.
2. The purpose of the agreement is to obtain the benefits of the franchise fee for the use of
the city's right-of-way and to establish rights and procedures for use of the right-of-way
and to approve the rates established by Rogue Disposal;
3. Rogue Disposal has requested an extension of the franchise as permitted in Section
3.1b of the Solid Waste Franchise agreement to December 31st, 2031
4. A Twenty Fifth year performance audit (Maul, Foster & Alongi report) has been
submitted for approval in accordance with Article 7 of the agreement and a fifth
anniversary rate increase, as depicted in Exhibit C, and a change to the annual
adjustment formula have been requested.
Section 1. Twenty Fifth Year Performance Audit: Pursuant to Article 7 of the City's Solid
Waste Franchise Agreement the Twenty Fifth year performance audit submitted by Rogue
Disposal, dated as of June __, 2021 is approved.
Section 2. Pursuant to Article 7 of the City's Solid Waste Franchise Agreement the Fifth
Anniversary Rate Increase: The fifth anniversary rate adjustment, as depicted in Exhibit C, is
approved effective January 1st, 2022.
Section 3. Franchise Extension: 1. Pursuant to Section 3.1B of the Agreement, the City
hereby elects to extend the Term of the Agreement to December 31, 2031.
Section 4. Fifth Addendum: The Fifth Addendum adjusting the Annual Adjustment Formula
and documenting the other approved actions above is approved.
Passed by the Counsel and signed by me in authentication of its passage this __ day of _____,
2021.
_______________________
Mayor Hank Williams
________________________
Deanna Casey, City Recorder
9.B.d
Packet Pg. 53 Attachment: 2021 Resolutions - Central Point - Rogue Recycling [Revision 1] (1441 : Rogue Disposal Franchise Amendment)
July 1, 2021
City of Central Point
Attn: Chris Clayton
140 South Third St.
Central Point, OR 97502
Dear Chris:
In anticipation of the upcoming Rogue Disposal & Recycling 5 Year Review process with the City of
Central Point, we respectfully request that the City Council consider the following:
• Acceptance of the 25th Anniversary Performance Audit (Maul, Foster, and Alongi Report)
• Acceptance of the Rogue Disposal & Recycling Periodic Rate Adjustment Report which will be
submitted on or before July 6, 2021
The anticipated rate increase is 9.8%, which equates to a monthly increase of $2.01 for weekly 35-gallon
cart service, which is the most common level of residential service.
Further details of the rate review will be provided at the July 8 council meeting, and Laura will come
with a presentation and be able to answer questions that the staff and council may have.
We appreciate the long-term partnership that our company has with the city and look forward to
providing services to the residents of Central Point for years to come.
Should you have any questions, please contact me at 541-210-1405, or Laura at 503-739-6049.
Sincerely,
Garry Penning
Director, Governmental Affairs and Marketing
9.B.e
Packet Pg. 54 Attachment: Letter of Notification-Request RDR 2021 (1441 : Rogue Disposal Franchise Amendment)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Finance
FROM: Steven Weber,
MEETING DATE: August 12, 2021
SUBJECT: Resolution No. ________, Regarding a Lease Purchase Agreement for
the Purpose of Financing Public Works Equipment
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The lease purchase of new Public Works equipment was included in the City’s 2021-23 biennial
budget. The City has received a 3-year lease proposal from Caterpillar Financial Services
Corporation for the purchase of a 2021 Caterpillar 299D3XE Compact Track Loader. The
proposed structure of the lease has been included as Exhibit A and falls within the amount
budgeted. Caterpillar Financial Services 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 approve Resolution No. _____ a resolution regarding a lease purchase agreement for
the purpose of financing Public Works equipment.
ATTACHMENTS:
1. Resolution Lease Purchase Agreement - Caterpillar Equipment
2. Exhibit A - Caterpillar Financial Services Corp Lease Structure
9.C
Packet Pg. 55
RESOLUTION NO._________
A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE
PURPOSE OF FINANCING PUBLIC WORKS EQUIPMENT
Recitals:
City of Central Point desires to enter into that certain Lease-Purchase Agreement by and
between Caterpillar Financial Services Corporation and the City of Central, for the purpose
of financing 2021 Caterpillar 299D3XE Compact Track Loader. The City of Central Point
desires to authorize the City Manager or the City manager designee to sign 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 Caterpillar
Financial Services Corporation for the purpose of financing a 2021 Caterpillar 299D3XE
Compact Track Loader.
Section 2.
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 Caterpillar Financial Services Corporation as well as any other ancillary exhibit,
certificate, or documentation needed for the Agreement.
Passed by the Council and signed by me in authentication of its passage this 12th
Day of August 2021.
__________________________________
Mayor Hank Williams
ATTEST:
_________________________
City Recorder
9.C.a
Packet Pg. 56 Attachment: Resolution Lease Purchase Agreement - Caterpillar Equipment (1443 : Lease Purchase Agreement for Public Works Equipment)
Governmental Equipment Lease-Purchase Agreement
Contract Number 001 -70038862 CAT
Financial
1. PARTIES
LESSOR ("we", "us", or "our")
CATERPILLAR FINANCIAL SERVICES CORPORATION
2120 West End Avenue
Nashville, TN 37203
LESSEE ("you" or "your")
CITY OF CENTRAL POINT
140 S 3RD ST
CENTRAL POINT, OR 97502
ln reliance on your selection of the equipment described below (each a "Unit"), we have agreed to acquire and lease the Units to you, subject to the terms of
this Agreement. Until this Agreement has been signed by our duly authorized representative, it will constitute an offer by you to enter into this
Agreement with us on the terms stated herein.
DESCRIPTION OF UNITS
Whother the Unit is new or used, the model
number, the manufacturcr, and the model name
SERIAL/VIN
Unlque lD number for this
unlt
ANNUAL
LEASE PAYMENT
This is due per poriod, as
stated below ln section 3.
FINAL LEASE
PAYMENT
DELIVERY DATE
Enter date machine was
delivered to you.
1 New 2021 Caterpillar 299D3XE Compact Track $37,989.84 $1.00Loader
2. DESCRIPTION OF THE UNITS
TERMS AND CONDITIONS
3. Lease Payments; Current Expense You will pay us the lease
payments, including the final lease payment set forth above
(collectively, the "Lease Payments"). Lease Payments will be paid
by you to us as follows: a first payment of $37,989.84 will be paid in
advance and the balance of the Lease Payments is payable in 2
successive annual payments of which the first 3 payments are in
the amount of $37,989.84 each, and the last payment is in the
amount of $1.00 plus all other amounts then owing under this
Lease, with the first Lease Payment due on the date that we sign
this Lease and subsequent Lease Payments due on a like date of
each year thereafter until paid in full.. A portion of each Lease
Payment constitutes interest and the balance of each Lease
Payment is payment of principal. The Lease Payments will be due
without demand. You will pay the Lease Payments to us at
CATERPILLAR FINANCIAL SERVICES CORP., P.O. BOX 100647,
PASADENA, CA 91189-0647 or such other location that we
designate in writing. Your obligations, including your obligation to
pay the Lease Payments due in any fiscal year, will constitute a
current expense of yours for such fiscal year and will not constitute
an indebtedness of yours within the meaning of the constitution and
Iaws of the State in which you are located (the "State"). Nothing in
this Agreement will constitute a pledge by you of any taxes or other
moneys, other than moneys lawfully appropriated from time to time
for the payment of the "Payments" (as defined in the last sentence
of this Section) owing under this Agreement. You agree that,
except as provided in Section 7, your duties and liabilities
under this Agreement and any associated documents are
absolute and unconditional. Your payment and performance
obligations are not subject to cancelation, reduction, or setoff
for any reason. You agree to settle all claims, defenses,
setoffs, counterclaims and other disputes you may have with
the Supplier, the manufacturer of the Unit, or any other third
party directly with the Supplier, the manufacturer or the third
party, as the case may be. You will not assert, allege or make
any such claim, defense, setoff, counterclaim or other dispute
against us or with respect to the payments due us under this
Agreement. As used in this Agreement, "Payments" will mean the
Lease Payments and any other amounts required to be paid by you.
The portion of the Lease Payments constituting principal will bear
interest (computed on the basis of actual days elapsed in a 360 day
year) at the rale ol 2.99o/o per annum.
4. Late Charges lf we do not receive a Payment on the date it is due,
you will pay to us, on demand, a late payment charge equal to the
lesser of flve percent (5%) of such Payment or the highest charge
allowed by law.
5. Security lnterest To secure your obligations under this
Agreement, you grant us a continuing first priority security interest in
each Unit (including any Additional Collateral), including all
attachments, accessories and optional features (whether or not
installed on such Units) and all substitutions, replacements,
additions, and accessions, and the proceeds of all the foregoing,
including, but not limited to, proceeds in the form of chattel paper.
You authorize the filing of such financing statements and will, at
your expense, do any act and execute, acknowledge, deliver, file,
register and record any document, which we deem desirable to
protect our security interest in each Unit and our rights and benefits
under this Agreement. You, at your expense, will protect and
defend our security interest in the Units and will keep the Units free
and clear of any and all claims, liens, encumbrances and legal
processes however and whenever arising.
6. Disclaimer of Warranties WE HAVE NOT MADE AND DO NOT
MAKE ANY WARRANTY, REPRESENTATION OR COVENANT
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE UNITS. AS
TO US, YOUR LEASE AND PURCHASE OF THE UNITS WILL BE
ON AN "AS IS' AND 'WHERE IS' BASIS AND 'WTH ALL
FAULTS". Nothing in this Agreement is intended to limit,
waive, abridge or otherwise modify any rights, claims, or
causes of action that you may have against any person or
entity other than us.
US Governmental Equipment Lease-Purchase Agreement 4229105 OA|O7l2O21 03:25:18 PIM Ref. 1022132
9.C.b
Packet Pg. 57 Attachment: Exhibit A - Caterpillar Financial Services Corp Lease Structure (1443 : Lease Purchase Agreement for Public Works Equipment)
7. Non-Appropriation You have an immediate need for, and expect to
make immediate use of, the Units. This need is not temporary or
expected to diminish during the term of this Agreement. To that
end, you agree, to the extent permitted by law, to include in your
budget for the current and each successive fiscal year during the
term of this Agreement, a sufficient amount to permit you to
discharge your obligations under this Agreement. Notwithstanding
any provision of this Agreement to the contrary, we and you agree
that, in the event lhat prior to the commencement of any of your
fiscal years you do not have sufficient funds appropriated to make
the Payments due under this Agreement for such fiscal year, you
will have the option of terminating this Agreement as of the date of
lhe commencement of such fiscal year by giving us sixty (60) days
prior written notice of your intent to terminate. No later than the last
day of the last fiscal year for which appropriations were made for
the Payments (the "Return Date"), you will return to us all of the
Units, at your sole expense, in accordance with Section 14, and this
Agreement will terminate on the Return Date without penalty or
expense to you and you will not be obligated to pay the Lease
Payments beyond such fiscal year; provided, that you will pay all
Payments for which moneys have been appropriated or are
otherwise available; and provided further, that you will pay
month{o-month rent at the rate set by us for each monlh or part of
any month that you fail lo return the Units.
8. Tax Warranty You will, at all times, do and perform all acts and
things necessary and within your control to ensure that the interesl
component of the Lease Payments will, for the purposes of Federal
income taxation, be excluded from our gross income. You will not
permit or cause your obligations under this Agreement to be
guaranteed by the Federal Government or any branch or
instrumentality of the Federal Government. You will use the Units
for the purpose of performing one or more of your governmental
functions consistent with the scope of your authority and not in any
trade or business carried on by a person other than you. You will
report this Agreement to the lnternal Revenue Service by filing
Form 8038G, 8038GC or 8038, as applicable. Failure to do so will
cause this Agreement to lose its tax exempt status. You agree that
if the appropriate form is not filed, the interest rate payable under
this Agreement will be raised to the equivalent taxable interest rate.
lf the use, possession or acquisition of the Units is determined to be
subject to taxation, you will pay when due all taxes and
governmental charges assessed or levied against or with respect to
the Units.
9. Assignment You may not, without our prior written consent, by
operation of law or otherwise, assign, transfer, pledge, hypothecate
or otherwise dispose of your right, title and interest in and to this
Agreement and/or the Units and/or grant or assign a security
interest in this Agreement and/or the Units, in whole or in part. We
may not transfer, sell, assign, pledge, hypothecate, or otherwise
dispose of our right, title and interest in and to this Agreement
and/or the Units and/or grant or assign a security interest in this
Agreement and/or the Units, in whole or in part.
{0. lndemnity To the extent permitted by law, you assume liability for,
agree to and do indemniff, protect and hold harmless us and our
employees, officers, directors and agents from and against any andall liabilities, obligations, losses, damages, injuries, claims,
demands, penalties, actions, costs and expenses (including
reasonable attorney's fees), ofwhatsoever kind and nature, arising
out of the use, condition (including, but not limited to, latent and
other defects and whether or not discoverable by you or us),
operation, ownership, selection, delivery, storage, leasing or return
of any item of Units, regardless of where, how and by whom
operated, or any failure on your part to accept the Units or
otherwise to perform or comply with any conditions of this
Agreement.
1'1. 11. lnsurance; Loss and Damage You bear the entire risk of loss,
theft, destruction or damage to the Units from any cause
whatsoever. No loss, theft, destruction or damage of the Units will
relieve you of the obligation to make Lease Payments or to perform
any obligation owing under this Agreement. You agree to keep the
Units insured to protect all of our interests, al your expense, for
such risks, in such amounts, in such forms and with such
companies as we may require, including but not limited to fire and
extended coverage insurance, explosion and collision coverage,
and personal liability and property damage liability insurance. Any
insurance policies relating to loss or damage to the Units will name
us as loss payee as our interests may appear and the proceeds
may be applied toward the replacement or repair of the Units or the
satisfaction of the Payments due under this Agreement. You agree
to use, operate and maintain the Units in accordance with all laws,
regulations and ordinances and in accordance with the provision of
any policies of insurance covering the Units, and will not rent the
Units or permit the Units to be used by anyone other than you. You
agree to keep the Units in good repair, working order and condition
and house the Units in suitable shelter, and to permit us or our
assigns to inspect the Units at any time and to otheMise protect our
interests in the Units. lf any Unit is customarily covered by a
maintenance agreement, you will furnish us with a maintenance
agreement by a party acceptable to us-
12. Default; Remedies An "Event of Default" will occur if (a) you fail to
pay any Payment when due and such failure continues for ten (10)
days after the due date for such Payment or (b) you fail to perform
or observe any other covenant, condition, or agreement to be
performed or observed by you under this Agreement and such
failure is not cured within twenty (20) days after written notice of
such failure from us. Upon an Event of Default, we will have all
rights and remedies available under applicable law. ln addition, we
may declare all Lease Payments due or to become due during the
fiscal year in which the Event of Default occurs to be immediately
due and payable by you and/or we may repossess the Units by
giving you written notice to deliver the Units to us in the manner
provided in Section 14, or in the event you fail to do so within ten
(10) days after receipt of such notice, and subject to all applicable
laws, we may enter upon your premises and take possession of the
Units. Further, if we financed your obligations under any extended
warranty agreement such as an Equipment Protection Plan,
Extended Service Contract, Extended Warranty, Customer Service
Agreement, Total Maintenance and Repair Agreement or similar
agreement, we may cancel such extended warranty agreement on
your behalf and receive the refund of the extended warranty
agreement fees that we financed but had not received from you as
ofthe date ofthe Event of Default.
13. Miscellaneous This Agreement may not be modified, amended,
altered or changed except by a written agreement signed by you
and us. ln the event any provision of this Agreement is found invalid
or unenforceable, the remaining provisions will remain in full force
and effect. This Agreement, together with exhibits, constitutes the
entire agreement between you and us and supersedes all prior and
contemporaneous writings, understandings, agreements,
solicitations, documents and representations, expressed or implied.
Any terms and conditions of any purchase order or other documents
submitted by you in connection with this Agreement which are in
addition to or inconsistent with the terms and conditions of this
Agreement will not be binding on us and will not apply to this
Agreement. You agree that we may correct patent errors in this
Agreement and fill in blanks including, for example, correcting or
filling in serial numbers, VIN numbers, and dates. Any notices
required to be given under this Agreement will be given to the
parties in writing and by certified mail at the address provided in this
Agreement, or to such other addresses as each party may
US Govemmental Equipment Lease-Purchase Agreement 422S1O5OalOlnO2I 03125:18 pM Ref 1022132
9.C.b
Packet Pg. 58 Attachment: Exhibit A - Caterpillar Financial Services Corp Lease Structure (1443 : Lease Purchase Agreement for Public Works Equipment)
substitute by notice to the other, which notice will be effective upon
its receipt.
{4. Title; Return of Units Notwithstanding our designation as "Lessor,"
we do not own the Units. Legal title to the Units will be in you so
long as an Event of Default has not occurred, and you have not
exercised your right of non-appropriation. lf an Event of Default
occurs or if you non-appropriale, full and unencumbered title to the
Units will pass to us without the necessity of further action by the
parties, and you will have no further interest in the Units. lf we are
entitled to obtain possession of any Units or if you are obligated at
any time to return any Units, then (a) title to the Units will vest in us
immediately, and (b) you will, at your expense, promptly deliver the
Unit to us properly protected and in the condition required by
Section 11. You will deliver the Unit, at our option, (i) to the nearest
Caterpillar dealer selling equipment of the same type as the Unit; or
(ii) on board a carrier named by us and shipping the Unit, freight
collect, to a destination designated by us. lf the Unit is not in the
condition required by Section 11, you must pay us, on demand, all
costs and expenses incurred by us to bring the Unit into the
required condition. Until the Units are returned as required above,
all terms of this Agreement will remain in full force and effect
including, without limitation, your obligation to pay Lease Payments
and to insure the Units.
15. Other Documents ln connection with the execution of this
Agreement, you will cause to be delivered to us (i) either (A) a
certified copy of your authorizing resolution substantially in the form
attached as Attachment B and a copy of the minutes of the relevant
meeting or (B) an opinion of your counsel substantially in the form
attached as Attachment C; (ii) a copy of the signed Form filed with
the lnternal Revenue Service required in Section 8 above as
Attachment D; and (iii) any other documents or items required by
us.
16. Applicable Law This Agreement will be governed by the laws,
excluding the laws relating to the choice of law, of the State in which
you are located.
SIGNATURES
LESSOR
Signature
Name (Print)
Title
Date
CATERPILLAR FINANCIAL SERVICES
CORPORATION LESSEE
Signature
Name (Print)
Tifle
Date
CITY OF CENTRAL POINT
US Governmental Equipment Lease-Purchase Agreement 12291O50810712021 03:25:18 PM Ref. 1022132
9.C.b
Packet Pg. 59 Attachment: Exhibit A - Caterpillar Financial Services Corp Lease Structure (1443 : Lease Purchase Agreement for Public Works Equipment)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: August 12, 2021
SUBJECT: Resolution No. ________, Exercising the Power of Eminent Domain for
the South Haskell Street Extension
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City as part of the 2008 Transportation System Plan, planned for the extension of South
Haskell Street from West Pine to Beall Lane. The street has been fully planned and constructed
except for a small portion that is currently outside of the city limits near Chicory Lane. The
property is owned by Bob Quillen. The City has entered into negotiations with Mr. Quillen on
purchase of his property. This resolution gives the ability to negotiate for his property and
establishes that such negotiations are being conducted under the City’s powers of eminent
domain.
The City seeks to acquire the property in the current fiscal budget, 2021-23 with construction of
the extension planned for the 2023-35 FY budget.
FINANCIAL ANALYSIS:
The recent appraisal of the property anticipates the cost at $160,000. There are no current cost
estimates for the actual street extension construction costs at this time. A copy of the appraisal
will be available at the Council hearing.
LEGAL ANALYSIS:
The City has the power to exercise eminent domain. The proposed resolution adopts the City’s
intent to proceed under this authority, but does not require that the City proceed with litigation.
The property owner and the City may negotiate a purchase of the subject property. In
preliminary negotiations with the property owner, he has indicated he would be willing to accept
the City’s offer to purchase the subject property for the appraised value, on the condition that
this purchase is subject to the City’s powers of eminent domain as that expression of the City’s
intent via a formal resolution, may be beneficial to the property owner from a tax standpoint.
City staff hopes to bring back the proposed purchase and sale agreement at the Council’s
meeting on August 26, 2021.
9.D
Packet Pg. 60
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point 2040 Strategic Plan
Strategic Priority - Community Investment
GOAL 5 - Plan, design, and construct modern and efficient infrastructure in all areas and
systems.
STRATEGY 1 – Continually update infrastructure plans.
STRATEGY 2 – Provide regular financial analysis on utility enterprise funds so infrastructure
can be adequately maintained, restored, upgraded, and expanded.
STRATEGY 3 – Aggressively seek to capitalize on partnerships with Jackson County, the City
of Medford, and the Oregon Department of Transportation to eliminate infrastructure deficien-
cies and build for the future.
STRATEGY 4 – Plan, design, and construct new public safety facilities (Police Station and East
Side Substation) to meet the evolving needs of the community.
STRATEGY 5 – Continually invest in technology infrastructure that maximizes our efficiency and
productivity.
STAFF RECOMMENDATION: Approve the resolution as presented.
RECOMMENDED MOTION: Approve Resolution _____ approving the resolution exercising the
power of eminent domain for the South Haskell Street Extension.
ATTACHMENTS:
1. Reso Intent to Condemn_qulllen
2. 2020-09-03_S Haskell Topo Map_CN signed
9.D
Packet Pg. 61
1. Resolution No. __________ (08/12/2021)
RESOLUTION NO. ______________
A RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN FOR THE
SOUTH HASKELL STREET EXTENSION
Recitals:
A. The City of Central Point may exercise the power of eminent domain pursuant
to City Charter and the Laws of the State of Oregon generally, when the exercise of such
power is deemed necessary by the City’s governing body to accomplish public purposes
for which City has responsibility.
B. The City has the responsibility of providing safe transportation routes for
commerce, convenience and to adequately serve the traveling public.
C. The project known as the South Haskell Street Extension has been planned in
accordance with appropriate engineering standards for the construction, maintenance or
improvement of said transportation infrastructure such that property damage is
minimized, transportation promoted, and travel safeguarded.
D. To accomplish the project set forth above it is necessary to acquire the interests
in the property depicted “Exhibit A” attached to this resolution and by this reference
incorporated herein, and which shall also be legally described consistent with Exhibit “A”.
The City of Central Point resolves as follows:
Section 1. The foregoing statements of authority and need are, in fact, the case.
The project for which the property is required and is being acquired are necessary
in the public interest, and the same have been planned, designed, located, and will
be constructed in a manner which will be most compatible with the greatest public
good and the least private injury.
Section 2. The power of eminent domain is hereby exercised with respect to the
interests in property described in Exhibit A. Such interest is acquired subject to
payment of just compensation and subject to procedural requirements of Oregon
law.
Section 3. The City’s staff and the City Attorney are authorized and requested to
attempt to agree with the owner in interest as to the compensation to be paid for
the acquisition, and, in the event that no satisfactory agreement can be reached,
to commence and prosecute such condemnation proceedings as may be
necessary to finally determine just compensation or any other issue appropriate to
be determined by a court in connection with the acquisition. This authorization is
not intended to expand the jurisdiction of any court to decide matters determined
above or determinable by the Council.
9.D.a
Packet Pg. 62 Attachment: Reso Intent to Condemn_qulllen [Revision 1] (1444 : Resolution with intent to condemn - South Haskell Street Extension)
2. Resolution No. __________ (08/12/2021)
Section 4. The City expressly reserves its jurisdiction to determine the necessity
or propriety of any acquisition, its quantity, quality, or locality, and to change or
abandon any acquisition.
Passed by the Council and signed by me in authentication of its passage this
______ day of August, 2021.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
9.D.a
Packet Pg. 63 Attachment: Reso Intent to Condemn_qulllen [Revision 1] (1444 : Resolution with intent to condemn - South Haskell Street Extension)
9.D.bPacket Pg. 64Attachment: 2020-09-03_S Haskell Topo Map_CN signed (1444 : Resolution with intent to condemn - South Haskell Street Extension)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: August 12, 2021
SUBJECT: Citizens Advisory Committee Appointment
ACTION REQUIRED:
Motion
RECOMMENDATION:
The Citizens Advisory Committee consists of seven members selected through an open
publicized process and formally appointed by the mayor with the approval of the city council. All
citizens attending the CAC meetings shall be entitled to express opinions or offer additional
information pertaining to any matter being heard by the committee.
This committee acts as an advisory committee to the Planning Commission and the City Council
regarding items for consideration for: Housing; schools, parks and playgrounds, streets,
sidewalks, bike paths; public transportation and communication; along with many other matters of
general community interest.
The Citizens Advisory Committee currently has six members:
David Painter Michael House John Eaton
Kristy Painter Robin Stroh Carrie Reed
The City advertised for volunteers for to fill one vacancy on the CAC and received three
applications. The Planning Director and Public Works Director interviewed two of the applicants.
Tina Campbell Michael Meek Ronald Woodhead
Mayor Williams will present his recommendation at the August 12, 2021 City Council meeting.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for committee appointments.
_____________________________________________________________________________
_
RECOMMENDED MOTION:
I move to appoint _______________________ to the Citizens Advisory Committee.
10.A
Packet Pg. 65
ATTACHMENTS:
1. CAC Application Michael Meek_Redacted
2. CAC Application Ronald Woodhead_Redacted
3. CAC Application Tina Campbell_Redacted
10.A
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10.A.a
Packet Pg. 67 Attachment: CAC Application Michael Meek_Redacted (1442 : Appointment to CAC)
10.A.a
Packet Pg. 68 Attachment: CAC Application Michael Meek_Redacted (1442 : Appointment to CAC)
10.A.b
Packet Pg. 69 Attachment: CAC Application Ronald Woodhead_Redacted (1442 : Appointment to CAC)
10.A.b
Packet Pg. 70 Attachment: CAC Application Ronald Woodhead_Redacted (1442 : Appointment to CAC)
10.A.c
Packet Pg. 71 Attachment: CAC Application Tina Campbell_Redacted (1442 : Appointment to CAC)
10.A.c
Packet Pg. 72 Attachment: CAC Application Tina Campbell_Redacted (1442 : Appointment to CAC)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Stephanie Holtey, Planning Director
MEETING DATE: August 12, 2021
SUBJECT: Planning Commission Report for the August 3, 2021 meeting.
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
The Central Point Planning Commission met at their regular meeting on August 3, 2021. There
was one (1) discussion item on the agenda regarding draft regulations for mobile food vendors
(File No. ZC-21003). At the conclusion of the meeting, updates were given on development and
the City’s Zoning Code Refresh project.
Mobile Food Vendor Code Amendments
Planning staff provided an overview of the existing and proposed regulations that would expand
the allowance of mobile food vendors in the City to include all commercial zones, except the
Employment Commercial (EC) zone because this is primarily located in the downtown along
Pine Street. The proposed amendments would also allow mobile food courts subject to siting
and operational standards, such as parking, utility hook-up requirements, etc. During the
discussion it was noted that the Citizen’s Advisory Committee (CAC) recommended in favor of
the proposed amendments but noted that hours of operation, alcohol sales and impacts to brick
and mortar businesses should be further vetted. Specifically the CAC wanted reduced hours of
operation and to limit alcohol sales to mobile food courts only. Staff addressed these concerns
in the Planning Commission draft and noted that legal notice is provided when new
developments are subject to site plan and architectural review.
The Planning Commission members expressed support for the discussion draft and requested
modifications to address potential conflicts in some of the draft standards, expanding available
siting to include public and private property subject to landowner approval, and eliminating local
restrictions on alcohol sales in favor of existing OLCC requirements. Staff will prepare changes
and bring a revised draft for discussion at a future meeting. It is anticipated that a public hearing
date will be set at that time.
Development Update
Staff provided an update on development activity during the month of July as illustrated in the
attached map. It was noted that most of the current activity is preliminary and focused on the
east side of town.
Zoning Code Update
A zoning code refresh is in the works to make the code more modern, efficient and user friendly.
10.B
Packet Pg. 73
Staff reported that the CAC was given a Zoning Code Basics article (attached) to provide a
foundational level of understanding of the zoning code purpose, function and legal requirements
before we formally start discussing the technical aspects of this project.
ATTACHMENTS:
1. Attachment 1 - July 2021 Development Update Map
2. Attachment 2 - Zoning Basics Article
10.B
Packet Pg. 74
E
Legend
BCG = Bear Creek Greenway
C-2 (M) = Commercial - Medical District
C-4 = Tourist and Office
C-5 = Thoroughfare Commercial
CN = Neighborhood Commercial
Civic
ETOD Civic*
EC = Employment Commercial (TOD)
GC = General Commercial (TOD)
HMR = High Mix Residential/Commercial (TOD)
LMR = Low Mix Residential (TOD)
ETOD LMR*
M-1 = Industrial
M-2 = Industrial General
MMR = Medium Mix Residential (TOD)
ETOD MMR*
OS = Open Space/ Parks
R-3 = Multiple Family Residential
R-2 = Two-Family Residential
R-1-6 = SF Residential - 6,000
R-1-8 = SF Residential - 8,000
R-1-10 = SF Residential -10,000
R-L = Low Density Residential
July 2021 Preliminary Development Meetings/Inquiries
Potential Project Location Map
Preliminary Mixed-Use Plan/Dev. Inquiry
Pre-App 8/2/2021 96 room hotel; retail; fast food
Potential Economic Development Opp.100SF building/150 Employee Food Manufacturing & distribution hub
Nelson Commercial BuildingNew Location for Mazatlan Grilll.Leased to Dental and PT offices. Possible financial or professional office suites available.
Pre-App 7/27/2021Fueling Station, convenience marketretail and small grocery opportunity
Pre-App 7/7/2021Potential 6-unit duplex development
Pre-App 7/26/202180-unit residential ETOD development
10.B.a
Packet Pg. 75 Attachment: Attachment 1 - July 2021 Development Update Map (1446 : Planning Commission Report)
13
PLANNING COMMISSIONERS JOURNAL / NUMBER 42 / SPRING 2001
FEATURE
Zoning Basics
by Michael Chandler & Gregory Dale
THE ORIGINS OF ZONING IN AMERICA
Regulation of buildings in
America is as old as the founding
of the country. President George
Washington on October 17, 1791, for
example, issued an order that only brick
could be used within portions of what is
now Washington, D.C. By 1822 an Act
was adopted providing that within the
then defined cities of Georgetown and
Washington “no frame house intended to
be occupied as a blacksmith’s shop, facto-
ry, or livery stable, shall be erected within
fifty feet of any stone or brick house” –
not altogether different from the type of
regulation found in a modern zoning
code!1
Early codes often, sensibly enough,
focused on restricting use of combustible
materials. But by the turn of the 19th
century, local governments across the
United States began to enact ordinances
more broadly regulating where certain
kinds of businesses could locate and the
maximum height of buildings. Examples
include an 1885 ordinance regulating the
location of laundries in Modesto, Califor-
nia; ordinances regulating building
heights in Washington, D.C. in 1899 and
Boston in 1904; and a 1909 Los Angeles
ordinance governing where industrial
plants could be built.
These early ordinances were enacted,
in part, to address the social and eco-
nomic challenges associated with immi-
gration and the rise of the industrial age
across much of America. The ordinances
sprang from the police power provision
embedded in the Constitution which
allows government to exercise reason-
able controls in order to protect the pub-
lic health, safety, convenience, and
welfare.
With this foundation in place, New
York City adopted the nation’s first com-
prehensive zoning ordinance in 1916.
The ordinance classified various types of
land uses, delineated zones (through a
zoning map) and established height and
bulk standards for buildings. Other cities
followed New York’s lead and subse-
quently adopted zoning ordinances for
the purpose of guiding and managing
growth.The Emergence of Zoning, p. 14
ZONING ENABLED
In 1922, the U.S. Department of
Commerce, under the leadership of then
Secretary Herbert Hoover, published the
Model Standard State Zoning Enabling
Act. The Model Act – which was
designed for adoption by states across
the country – outlined the role and func-
tion of zoning, and set out uniform stan-
dards that localities could use to guide
land development practices.
The national movement to adopt
zoning got a big boost four years later
(1926) when the United States Supreme
Court ruled in Euclid v. Ambler Realty
that zoning did not violate the due
process clause of the federal constitution.
The ruling resulted in the widespread
adoption of zoning statutes across the
nation. By 1940, zoning had become
(and continues to be) the most common
means of regulating local land use in the
United States.
ZONING DEFINED
Zoning is a legislative process through
which the local governing body (under
power delegated it by the state zoning
enabling law) divides the municipality
into districts or zones, and adopts regula-
tions concerning the use of land and the
placement, spacing, and size of buildings.
The primary goal of zoning is to avoid or
minimize disruptive land use patterns
involving incompatible land uses.
Editor’s Note: In the next few issues of
the Planning Commissioners Journal we
will be running several articles focusing on
different aspects of zoning. As most new
planning commissioners quickly learn, the
local zoning code/ordinance – along with
the municipal comprehensive plan – pro-
vides the framework for most local land use
decisions.
In this issue, Planning Commissioners
Journal columnists Mike Chandler and
Greg Dale go over the basics of zoning. In
our next issue, they will take a look at zon-
ing and neighborhoods. As always, if you
have a specific question about how your
own community’s zoning process operates,
please consult with your planning director
or legal counsel.
1 Our thanks to Lindsley Williams for informing us
about Washington, D.C.’s early building regulations,
described in Volume 52 of the Records of the Colum-
bia Historical Society (1989)continued on page 14
ZONING REPRESENTS
A DEMOCRATIC METHOD
FOR SETTING THE
GROUND RULES FOR HOW
DEVELOPMENT CAN
OCCUR WITHIN THE
COMMUNITY.
10.B.b
Packet Pg. 76 Attachment: Attachment 2 - Zoning Basics Article (1446 : Planning Commission Report)
Since the establishment and modifi-
cation of zoning ordinances is legislative
in nature, zoning represents a democrat-
ic method for setting the ground rules
for how development can occur within
the community. Zoning is constrained,
however, by the Constitution’s “takings”
clause which requires compensation
when private property is taken for a
public use. [The impact of the “takings”
clause is beyond the scope of this article;
for a good overview, see “An Introduction
to Takings Law” in PCJ #18 and available
for downloading on plannersweb.com].
LINKING ZONING WITH PLANNING
Zoning depends on planning and
planning depends on zoning. Neither
can exist without the other. The com-
prehensive plan can be thought of as a
roadmap which captures in pictures and
words what a community wishes for
itself. Although the plan will talk about
land use, it does not regulate land use.
This is the role of the zoning ordinance.
In short, the comprehensive plan pro-
vides the public policy basis for drawing
and applying the zoning districts which
in turn control what happens on the
land.
The subdivision ordinance is anoth-
er planning tool that is closely linked
with zoning. A subdivision ordinance
regulates the division of land into build-
ing lots for the purpose of sale, develop-
ment, or lease. The ordinance specifies
procedures that are to be followed when
land is divided and built upon. Stan-
dards governing the platting of building
lots and planned improvements, such as
roads and utilities, are common to most
subdivision ordinances. When used in
conjunction with the zoning ordinance
and the comprehensive plan, the subdi-
vision ordinance assures that the land
development process is accomplished in
an appropriate and consistent manner.
See “An Introduction to Subdivision Regu-
lations,” in PCJ #5 and 6.
THE PURPOSES OF ZONING
It is important to bear in mind that
local zoning authority is derived from
14
PLANNING COMMISSIONERS JOURNAL / NUMBER 42 / SPRING 2001
Zoning Basics…
continued from page 13
rationale (i.e., the risk of fire would be
reduced because there would be fewer
buildings, located farther apart, housing
fewer families per acre); and (2) the
premise that single-family-detached resi-
dence districts would induce good citizen-
ship through the encouragement of home
ownership.
The public safety rationale was consti-
tutionally sound as it was founded on
physical conditions capable of being
proven to bear a direct relationship to
public health and safety – preventing the
extreme congestion commonly associated
with the practices of apartment and tene-
ment house construction of that era.
However, the second premise, that sin-
gle-family districts would foster good citi-
zenship by encouraging home ownership,
was based on a faulty presumption. It pre-
sumed that single family-detached homes
would be owner-occupied. But this was
not a requirement of single-family-only
zoning districts. Moreover, as time would
prove, the courts would not look favor-
ably on attempts by municipalities to
specify conditions of occupancy (rental,
ownership, lease, etc.) in their zoning
codes.
Even more significantly, the presump-
tion that single-family-only districts
would be solely
occupied by
home owners has
not been borne
out. Indeed, in
many communi-
ties entire neigh-
borhoods of new
single-family- detached units have been
built and marketed as rental units.
Today, the condominium row house
(or townhouse) often represents the prin-
cipal home ownership option, particularly
for young couples and single parents.
Ironically, the same arguments made
decades ago in favor of public laws pro-
moting single-family-only districts to
encourage home ownership could well be
marshaled today in favor of promoting
townhouse-density attached-unit zoning!
Laurence Gerckens is national historian for the
AICP. The above is excerpted from his articles,
“American Zoning & the Physical Isolation of
Uses” (In PCJ #15), “Single-Family-Only Zones”
(in PCJ #23), and “Ten Successes that Shaped the
20th Century American City” (in PCJ #38).
The Emergence
of Zoning
by Laurence C. Gerckens, AICP
American cities in the year 1900 were
a hodgepodge of industrial, warehouse,
commercial, and residential uses, frequent-
ly closely intermingled without rhyme or
reason other than the characteristics gen-
erated by chance and individual advan-
tage. It was not uncommon for a party to
purchase a residential structure only to
find it ringed by odoriferous uses that
made occupancy of the structure unten-
able. Characteristics of entire neighbor-
hoods often changed as uses moved in
rapid succession.
The physical separation and isolation
of dangerous, odoriferous, or unsightly
practices, such as tar boiling, soap making,
fat rendering, and
dead carcass cre-
mation, was
viewed at that
time as a reason-
able governmen-
tal response to the
unacceptable
impositions of one otherwise legal activity
upon another. Both the residences and
these businesses had their right to exist, it
was held, but not necessarily in close
proximity to each other. Thus, the legal
separation and isolation of land uses
began, creating the foundations for many
current zoning practices.
The New York Zoning Code of 1916,
America’s first “comprehensive” zoning
code, relied on a “pyramidal” approach to
permitted uses. That is, in the residence
zone – considered the “highest” zone clas-
sification – nothing but residences were
permitted. In the commercial zone, the
next lower zone on the pyramid, commer-
cial uses and residences were allowed.
At the bottom of the pyramid were the
industrial zones, where industrial and
commercial and residential uses were all
permitted. In effect, industrial zones were
really unzoned for all uses.
In the 1920’s a number of municipali-
ties expanded on New York’s single “resi-
dence” district by creating districts limited
to development of single-family-detached
homes only. The courts upheld these
ordinances based on: (1) a public safety
10.B.b
Packet Pg. 77 Attachment: Attachment 2 - Zoning Basics Article (1446 : Planning Commission Report)
the state. Zoning enabling statutes set
out – usually in quite general terms –
what local governments can seek to
accomplish through zoning. A typical
state enabling law might include the fol-
lowing purposes:
1. Provide for adequate light, air, con-
venience of access, and safety from fire,
flood, earthquakes, crime, and other
dangers;
2. Reduce or prevent congestion in the
public streets;
3. Facilitate the creation of a convenient,
attractive, and harmonious community;
15
PLANNING COMMISSIONERS JOURNAL / NUMBER 42 / SPRING 2001
Avoiding
Spot Zoning
by Robert C. Widner, Esq.
Most planning commissioners have
heard the impassioned cry that a particu-
lar rezoning decision will constitute an
invalid “spot zoning.” This allegation
typically arises where the community is
considering the rezoning of a single lot
or small parcel of property held by a sin-
gle owner and the rezoning will permit
land uses not available to the adjacent
property.
Because spot zoning often focuses on
the single parcel without considering the
broader context, that is, the area and land
uses surrounding the parcel, it is com-
monly considered the antithesis of
planned zoning. While rezoning decisions
that only affect a single parcel or small
amount of land are most often the subject
of spot zoning claims (as opposed to
rezonings of larger areas), a locality can
lawfully rezone a single parcel if its action
is shown to be consistent with the com-
munity’s land use policies.
Courts commonly note that the
underlying question is whether the zon-
ing decision advances the health, safety,
and welfare of the community. A zoning
decision that merely provides for individ-
ual benefit without a relationship to pub-
lic benefit cannot be legally supported.
Although courts throughout the
nation differ in their specific approaches
when reviewing spot zoning claims,
the majority consider:
1. the size of the parcel subject to
rezoning;
HOW ZONING WORKS
A zoning ordinance consists of two
parts: a map (or series of maps) and text.
The zoning map shows how the commu-
nity is divided into different use districts
or zones. Zoning districts common to
most ordinances include residential,
commercial, industrial, and agricultural.
The zoning map must show precise
boundaries for each district. Conse-
quently, most zoning maps rely on street
or property lines as district boundaries.
The zoning text serves two important
functions. First, it explains the zoning
rules that apply in each zoning district.
These rules typically establish a list of
land uses permitted in each district plus
a series of specific standards governing
lot size, building height, and required
yard and setback provisions. Second, the
text sets forth a series of procedures for
administering and applying the zoning
ordinance. In most cases, the text is
divided according to “sections” (or “arti-
cles”) for ease of reference. Most zoning
continued on page 16
4. Facilitate the provision of adequate
police and fire protection, transportation,
water, sewerage, schools, parks, play-
grounds, recreational facilities, and other
public requirements;
5. Protect against the overcrowding of
land and the undue density of population
in relation to existing or available commu-
nity facilities;
6. Encourage economic development
activities that provide desirable employ-
ment and enlarge the tax base;
7. Provide for the preservation of agricul-
tural, forested lands, and other lands sig-
nificant to maintaining the natural
environment;
8. Promote the creation and preservation
of affordable housing;
9. Protect approach slopes and other safe-
ty areas of airports; and
10. Encourage the most appropriate use of
land within the locality.
2. zoning both prior to and after the
local government’s decision;
3. the existing zoning and use of the adja-
cent properties;
4. the benefits and detriments to the
landowner, neighboring property owners,
and the community resulting from the
rezoning; and
5. the relationship between the zoning
change and the local government’s stated
land use policies and objectives.
This last factor – the relationship of
the rezoning decision to the community’s
land use policies and objectives – is per-
haps the most important one. As a result,
when a planning commission (or govern-
ing body) initially considers a rezoning
request it should determine whether the
request is consistent with the comprehen-
sive or master plan.
Robert C. Widner is an attorney with the Denver,
Colorado, law firm of Gorsuch Kirgis LLP. He
also holds a master’s degree in urban and regional
planning. The above is excerpted from his article,
“Understanding Spot Zoning,” in PCJ #13.
10.B.b
Packet Pg. 78 Attachment: Attachment 2 - Zoning Basics Article (1446 : Planning Commission Report)
ordinances include the following:
1. Title, Authority and Purpose.This
section identifies the specific state
enabling provision which empowers the
locality to adopt zoning. It also spells
out, in a “statement of purposes,” the
community’s reasons for adopting the
ordinance. The statement of purposes
links the rules and regulations listed in
the ordinance to the community’s values
and goals.
2. General Provisions. Topics covered
in this section usually include defini-
tions of terms used in the ordinance,
and a description of the geographic or
jurisdictional reach of the zoning ordi-
nance. Definitions are especially impor-
tant because the general public, as well
as the courts, must be able to attach spe-
cific meaning to the words and concepts
appearing in the ordinance.
With respect to jurisdictional reach,
zoning ordinances will typically apply to
the territory contained within the politi-
cal subdivision; meaning the city, coun-
ty, town, township, or village. In some
cases, however, a zoning ordinance may
reach beyond a locality’s political
boundaries. Such “extraterritorial” zon-
ing is permissible if it is authorized by
the enabling statute.
3. Zoning Districts and Regulations.
This section of the ordinance is arguably
the most important since it lists and
defines each zoning district – as we have
noted, the concept of districts stands
at the core of zoning. Most zoning ordi-
nances will include – at a minimum –
residential, com-
mercial, and in-
dustrial districts.
Residential dis-
tricts, in turn,
are often bro-
ken down further
into zones for
single-family and multi-family dwellings
of varying density.
Similar distinctions, based on inten-
sity of use, are also often found in busi-
ness and industrial districts (e.g., light
industry versus heavy industry).
conforming use; and (2) restricting or pro-
hibiting the expansion or change of the
nonconforming use itself.
Most ordinances specify that once a
nonconforming use is discontinued, it may
not be resumed. These “abandonment” pro-
visions usually only apply when the discon-
tinuance of the use is “voluntary” – as
opposed to when the use is discontinued
during bankruptcy or foreclosure proce-
dures. The zoning ordinance will also usu-
ally specify a minimum time period before a
use is considered to be voluntarily aban-
doned. In some states, courts will also
require proof of an intent to abandon the
use.
“Amortization” provisions – through
which the local government requires that
the nonconforming use or structure be
eliminated within a specified number of
years – have had mixed results when chal-
lenged in court. While the topic of amortiz-
ing nonconformities is a complex one, a
basic rule of thumb is that amortization
provisions are more likely to be upheld
when they involve simpler uses or struc-
tures whose value can be readily amortized
over a few years. Courts will closely exam-
ine the extent to which an amortization
provision would cause financial hardship or
loss to the property owner. Thus, a provi-
sion affecting a nonconforming commercial
or industrial business facility is much less
likely to be upheld than one eliminating a
nonconforming advertising sign or fence.
Susan Connelly, AICP, is Vice President of Com-
munity Design for McStain Enterprises, Inc., a
35-year old “green” community developer and
home builder based in Boulder, Colorado and is a
member of the Boulder Urban Renewal Authority.
Connelly practiced land use and real estate law in
Illinois and Florida for 13 years. The above is
excerpted from her article, “Non-Conforming
Uses & Structures,” in PCJ #2.
Zoning’s
“Achilles Heel”
by Susan G. Connelly, Esq.
Nonconforming uses and structures
have been with us ever since zoning first
emerged in the 1920’s. Since that time,
they have represented the “Achilles heel”
of planning and zoning. The root of the
problem is that nonconformities reduce
the effectiveness of what a community is
trying to accomplish through its compre-
hensive plan, as implemented by its local
zoning regulations. The continued exis-
tence of nonconforming uses, for example,
undermines what a community is seeking
to achieve when it establishes specific
allowable uses for a zoning district.
At the same time, communities – quite
understandably – have been reluctant to
call for the removal of ongoing businesses
and existing structures, reflecting substan-
tial financial investments, just because they
fail to comply with current zoning require-
ments. The “solution” has been to subject
nonconforming uses and structures to a
diverse assortment of restrictions, all
intended to hasten the day when the partic-
ular use or structure either “disappears” or
comes into compliance with the existing
zoning regulations.
The variety of nonconforming situa-
tions account for the difficulty in regulating
them. Nonconforming uses in residential
zoning districts can range from things such
as tool sheds in small accessory buildings to
bulk storage of gasoline or oil in large
buildings suitable only for that specific use.
Nonconforming uses can also involve uses
in structures designed for conforming uses
(such as a manufacturing operation occur-
ring in an office building in a commercial
zoning district) or uses in structures which
may be adaptable to conforming uses (such
as manufacturing in a factory building, in a
multi-family residential district, which
could be converted to apartments). Obvi-
ously, some of these uses are easier to elimi-
nate than others.
As mentioned, zoning ordinances usu-
ally seek the eventual elimination of non-
conforming uses and structures. This is
primarily accomplished by: (1) limiting
repair, restoration, additions, enlargements
and alterations of the nonconforming struc-
ture or of the structure housing the non-
PLANNING COMMISSIONERS JOURNAL / NUMBER 42 / SPRING 2001
Zoning Basics…
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Other common types of zoning dis-
tricts are agricultural, conservation, and
institutional. Many communities have
also crafted a wide variety of “mixed
use” districts, allowing blends of uses in
some parts of the community.
Many zoning ordinances include one
or more special purpose zones address-
ing flood hazard areas, historic proper-
ties, and other specialized uses. These
special zones are often applied as “over-
lays” – that is, those geographic areas
subject to overlay zones are also within
an “underlying” zoning district. For
example, a property within a residential
zone might also be located within a
flood hazard zone. This property would
be subject to the regulations of both
the underlying zone (in this case,
residential) and the overlay zone (flood
hazard).
In addition to listing and defining
zoning districts, this section of the zon-
ing ordinance sets out rules for the use
of land in each district. Most basic is the
list of permitted versus special or condi-
tional uses. If a use is deemed permitted
(commonly referred to as a “by-right” or
“matter-of-right” use), it need only meet
the ordinance’s dimensional require-
ments (as described below) and any
other “impact standards” (such as park-
ing, landscaping, and signage standards;
see point 5 below) to secure a zoning
permit.
Other uses may be allowed within a
district provided they are granted a spe-
cial or conditional use permit. The
terms special exception, special use, and
conditional use permit generally have
the same meaning; what term you’re
familiar with depends on the state you
live in. The zoning ordinance will set
out the standards which must be met for
granting such a permit.Special Permits.
Finally, this section of the zoning
ordinance includes, for each zoning
district, basic development require-
ments. These primarily involve dimen-
sional standards for setbacks and side
yards, minimum lot sizes, and building
heights.
4. Nonconforming Uses, Structures,
and Parcels. When a zoning ordinance is
Special Permits
by Neil Lindberg, Esq.
Special permits are
approvals given to uses that meet certain
standards or conditions which are listed in
the local zoning ordinance. The condi-
tions are often designed to ensure that the
use will not adversely affect nearby exist-
ing uses. Special permits are commonly
employed to protect residential neighbor-
hoods against potentially disruptive uses –
uses which might generate substantial
amounts of noise, odor, or traffic, or
which might in some other way be incom-
patible with the
neighborhood.
For this reason,
uses such as
gas stations and
convenience
stores often
require special
permits.
Local governments are also increasing-
ly coming to require special permits for
major development proposals. This allows
the local government, typically through its
zoning board, increased flexibility in
examining the impacts of large-scale uses,
and the ability to impose conditions to
lessen adverse impacts. Projects such as
shopping centers or office parks are par-
ticularly likely to require special permits.
Zoning ordinances must specify the
standards by which the special permit
application is to be reviewed. Some stan-
dards are narrow and fairly objective.
For example, the special permit use might
be required to maintain a minimum of 35
percent open space.
Standards that are too general are sus-
ceptible to challenge in court on the
ground that they allow for arbitrary gov-
ernment action, violating individual due
process rights. However, courts are
becoming more liberal in reviewing spe-
cial permit standards. There is much vari-
ation, nevertheless, and standards upheld
in one community might well be struck
down in another.
Neil A. Lindberg is an attorney and city planner.
He is counsel to the Provo, Utah, Municipal
Council and maintains a private practice focusing
on planning, zoning, and land use law matters.
The above is excerpted from his article, “Special
Permits,” in PCJ #3.
adopted some existing uses, structures,
and parcels may not comply with the
regulations of the zoning district in
which they are located. These uses,
structures, or parcels are then classified
as “nonconforming.” While they are
typically permitted to continue, their
future expansion, reconstruction, or
conversion is regulated by provisions set
out in this section of the zoning ordi-
nance.Zoning’s “Achilles Heel,” p. 16.
5.Impact Regulations.Many zoning
ordinances include a separate section
(or sections) setting out a variety of
“impact” regulations or standards.
These might include, for example, park-
ing standards, sign regulations, land-
scape requirements, urban design
criteria, historic preservation standards,
and various environmental criteria
(such as requirements for tree plantings
in new developments).
6. Administration and Enforcement.
This section of the zoning ordinance
spells out the duties of those involved in
administering the ordinance – the zon-
ing administrator, the governing body,
the planning commission, and the board
of zoning appeals or board of adjust-
ment. Procedures to be followed when
amending the zoning ordinance, as well
as standards for assessing penalties and
fines for zoning violators, are also
included in this section.
WHO’S WHO IN ZONING
In order to make sense out of the
zoning process, it is important to under-
stand the players and their respective
17
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continued on page 18
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roles – and the types of decisions they are
responsible for making.
The zoning process is similar to the
balance of power that we all learned
about in Civics class. In zoning, different
bodies have different responsibilities that
serve as a system of “checks and bal-
ances.” For the system to work efficiently
each role must be played well by the
respective body responsible for that role;
conversely, it is important for individual
bodies to not exceed their designated
role.
There are four main types of deci-
sion-making functions in the zoning
process: legislative, advisory, administra-
tive,and quasi-judicial.
1. Legislative
The legislative function involves the
adoption or amendment of the zoning
regulations themselves. The local gov-
erning body is comprised of the elected
officials in your jurisdiction. This may
consist of a city council, county board or
commission, village council, township
trustees, and so forth. Note that the zon-
ing map is considered to be part of the
zoning regulations, which means that a
zoning map amendment or “zone
change” is a legislative act. In the vast
majority of states only the governing
body can approve either text or map
amendments.
2. Advisory
Before adopting or amending the
zoning text or map, the local zoning
process will typically call for the plan-
ning commission to provide advice
on the wisdom of any such adoption
or revision. The commission will ex-
amine whether the zoning proposal is
consistent with the goals and policies of
the locality’s adopted comprehensive
plan. Avoiding Spot Zoning, p. 15.Many
planning commissions are also involved
in drafting proposed zoning ordinances
and amendments.
In any zoning adoption or amend-
ment process the local governing body
is likely to hear from a variety of
“special interests” ranging from local
18
PLANNING COMMISSIONERS JOURNAL / NUMBER 42 / SPRING 2001
Zoning Basics…
continued from page 17
3. When planning commissions get
caught up in minutiae. Many planning
commissions spend hours going through
excruciating details on development pro-
posals, dealing with items over which they
have little discretion (at least if they follow
the dictates of the zoning code). Particu-
larly in communities with professional
staff, there is no need for the planning
commission to take on what is essentially
a staff responsibility. A planning commis-
sion works best when it allows staff to
make technical determinations, while
focusing its attention on those matters
which require discretionary decision mak-
ing. Of course, this assumes the com-
munity has a good zoning code, with
well-articulated standards, in place.
4. When elected officials try to influence
the planning commission recommendations.
It is all too common to find elected offi-
cials attending planning commission
meetings and trying to influence the com-
mission’s recommendations. This is per-
plexing, since one of the principal reasons
for planning commission consideration of
zoning amendments is to provide the
elected officials with their best advice. It is
counterproductive for elected officials to
try to influence the “independent” advice
that the planning commission is supposed
to provide them.
5. When zoning boards grant too many
variances. The consideration of variances
is one of the most difficult jobs of a zoning
board of appeals. Variances are an impor-
tant “safety valve” in zoning, but are also
often abused. Variances are intended to
apply only in unusual circumstances
where a literal interpretation of the zoning
code creates a hardship, and then only
pursuant to standards set out in the code.
The difficulty lies in how “hardship” is
interpreted and how facts are considered
relative to standards. A zoning board
needs to clearly understand what must be
proven before a variance can be granted. If
the vast majority of variance requests are
being granted, it is likely that either the
zoning board is not requiring the level of
proof required by the zoning regulations,
or that the regulations need to be amended.
Watch Out For …
by Greg Dale
1. When the legislative
body is the final decision-maker on every-
thing. Many elected officials believe that
they should have the final say on every-
thing. Their theory is that they were elect-
ed and therefore the buck should stop
with them. So, for example, many local
governing bodies – in addition to acting
on zoning ordinance changes – will hear
appeals from decisions of the board of
zoning appeals; act on conditional use
permits and related decisions; and act on
site plans.
However, problems can arise. First,
when governing bodies act as appeals
boards, they often do not perform this
function very well. Frequently testimony
that was taken by the zoning board of
appeals (or planning commission) is
reopened, and the matter becomes politi-
cized. Most governing bodies simply are
not well suited to act as quasi-judicial
decision-makers. Since legislators most
often function in an environment where
all forms and channels of communication
are anticipated, they are also at greater risk
of either initiating or being drawn into
inappropriate ex-parte communications.
Finally, when local governing bodies are
involved in administering regulations,
they tend to lose sight of the larger policy
issues.
2. When the planning commission acts in
a quasi-judicial role.Planning commission-
ers should understand the difference
between acting in an advisory capacity and
in a quasi-judicial capacity. When the
planning commission is making a recom-
mendation to the legislative body on a
zone change, for example, it is acting in an
advisory capacity. However, in many com-
munities the planning commission is also
the final decision-maker on certain mat-
ters, such as subdivision plat, site plan,
and conditional use/special permit
approvals.
When acting in this quasi-judicial
capacity, fact finding, evidence, and writ-
ten findings become particularly impor-
tant. In addition, certain ethical
constraints – such as the avoidance of
“ex-parte” contacts – come into play.
“Legislative” v. “Quasi-Judicial” Actions, p.19
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homeowners and neighbors to builders
and developers. These groups are a nat-
ural and important part of the process;
however, it is equally important to have
the independent voice of a planning
commission that is focused on the long
range public interest of the community
as a whole.
3. Administrative
It is sometimes surprising for new
planning commissioners to learn that
the majority of decisions made in the
zoning process are actually made at the
administrative level by staff planners,
zoning officers, or other municipal
employees.
Non-discretionary standards such as
lot size, lot width, setbacks, building
height, permitted uses, sign height and
size, and parking lot standards, can be
administered by staff without the need
for review by planning commissions or
legislative bodies. These decisions often
take the form of zoning certificates and
certificates of occupancy, and are fre-
quently made as part of the building
permit process.
4. Quasi-judicial
No zoning code is perfect, nor can all
potential circumstances be anticipated.
For that reason, several “safety valves”
are built into the zoning process. First,
there are occasions when an interested
party may simply disagree with the way
in which the administrative staff has
interpreted the zoning regulations. Sec-
ond, there are instances where the strict
application of zoning regulations creates
an unfair situation to a property owner.
Typically, as part of the zoning
process, a board is designated to hear
appeals and consider variance requests.
This board is usually referred to as either
the “board of zoning appeals,” “board of
adjustment,” or some similar title. It
generally acts in a “quasi-judicial”
capacity because in most states and
communities its decision is final (sub-
ject only to appeal in the local court sys-
tem). This means that zoning board
decisions must be based on specific fac-
tual evidence, and include written find-
ings of fact to support the decision.
Editor’s Note:
Legislative v.
Quasi-Judicial
Actions
The distinction between the “legisla-
tive” and “quasi-judicial” role of a plan-
ning commission is one many new
planning commissioners are not familiar
with. It can be an important distinction,
however, because when a commission is
acting in a “quasi-judicial” capacity, it typi-
cally must follow a range of procedural
and ethical standards designed to ensure
that property rights are respected. This is
mandated by the Constitution’s due
process clause.
Attorney Gary Powell provided a con-
cise explanation of the two different roles
in Issue #2 of the PCJ:
“A planning commissioner takes a
‘quasi-judicial’ role when engaged in deter-
mining the rights, duties, privileges, or
benefits that relate to a specific property or
property owner. This happens, for exam-
ple, when a planning commissioner is
called on to review a conditional use
request for a specific parcel, or a subdivi-
sion plat. In contrast, the other role plan-
ning commissioners often assume involves
dealing with ‘legislative’ type activities.
This role is taken when a planning com-
missioner is engaged in recommending
standards that have a general and uniform
operation, and which are ultimately decid-
ed by the local legislative body. For exam-
ple, when the planning commission is
working on a proposed zoning ordinance
that will go to the legislative body for final
approval, the planning commissioner is
engaging in what is considered to be leg-
islative-type [or advisory] activity.”
A more thorough discussion of proce-
dural safeguards (such as adequate notice,
the opportunity to be heard and present
evidence, and written decisions supported
by reasons and findings of fact) needed
when a planning commission is acting in a
quasi-judicial capacity can be found in
Dwight Merriam and Robert Sitkowski’s
article, “Procedural Due Process in Prac-
tice,” in PCJ #33.For a review of the vari-
ous ethical issues facing planning
commissions in their decision making, see
Greg Dale’s collected ethics columns in
“Taking A Closer Look: Ethics” available
from the Planning Commissioners Journal.
Planning commissions in many
states sometimes also act in a “quasi-
judicial” capacity.For more on this, see
point 2 in the “Watch Out For” sidebar p. 18.
SUMMING UP:
Treatises have been written on zon-
ing. In fact, your planning department
or municipal attorney’s office may well
have one or more of them. Given the
constraints of time and space, we have
necessarily focused on some of the more
basic aspects of zoning (and despite
state to state differences, zoning is
remarkably similar nationwide). By at
least having an understanding of the
basics of zoning – and of who’s who in
the zoning universe – you should have a
better feel for your job as a planning
commissioner or zoning board member.
In the next issue of the Planning Com-
missioners Journal, we’ll take a closer
look at a constellation of issues related
to “zoning and neighborhoods.” ◆
C. Gregory Dale is a
Principal with the plan-
ning and zoning firm of
McBride Dale Clarion in
Cincinnati, Ohio. Dale
manages planning pro-
jects and conducts train-
ing for planning officials
throughout the country.
He is also a former President of the Ohio Chapter
of the American planning Association.
Michael Chandler is
Professor and Community
Planning Extension Spe-
cialist at Virginia Tech in
Blacksburg, Virginia.
Chandler also conducts
planning commissioner
training programs across
the country, and is a fre-
quent speaker at workshops. His column appears
in each issue of the Planning Commissioners
Journal.
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