HomeMy WebLinkAboutCAP031022
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, March 10, 2022
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(1700) Ord (2087)
I. REGULAR MEETING CALLED TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
V. CONSENT AGENDA
A. Approval of February 17, 2022 City Council Minutes
B. Planning Commission Member Appointment
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
A. First Reading and Public Hearing - An Ordinance Adding Central Point Municipal
Code Chapter 5.44 Mobile Food Businesses And Amending Various Sections In
Title 17 To Be Consistent With The Mobile Food Business Location And
Application Requirements (Gindlesperger)
VIII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. ________, Accepting the lowest responsible bid from Knife River
Materials Inc. for $456,789 for the 2022 Roadway Repairs Projects and
authorizing the City Manager to execute a contract. (Samitore)
IX. BUSINESS
A. Horn Creek Culvert Discussion (Samitore)
B. Elk Creek Culvert Replacement Update (Samitore)
C. Regional Water Rights IGA (Clayton)
D. Draft Chamber Agreement Discussion (Clayton)
E. March Planning Commission Report (Holtey)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, February 17, 2022
I. REGULAR MEETING CALLED TO ORDER
The meeting was called to order at 7:00 PM by Mayor Hank Williams
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Present
Melody Thueson Ward III Absent
Taneea Browning Ward IV Excused
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 Captain Scott Logue; Parks and Public Works
Director Matt Samitore; Planning Director Stephanie Holtey; and City Recorder Deanna
Casey.
IV. SPECIAL PRESENTATIONS - None
V. PUBLIC COMMENTS
VI. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
ABSENT: Melody Thueson
EXCUSED: Taneea Browning
A. Approval of January 27, 2022 City Council Minutes
B. Parks and Recreation Commission Appointment
C. Proclamation - Arbor Week 2022
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. ORDINANCES, AND RESOLUTIONS
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City of Central Point
City Council Minutes
February 17, 2022
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A. Ordinance No. ________, An Ordinance Amending the Transportation System
Plan (TSP) of the Central Point Comprehensive Plan to Add Road Diet
Improvements to Project No. 230
Planning Director Stephanie Holtey stated this was the second reading of an
Ordinance amending the Central Point Transportation Systems Plan (TSP). The
proposed amendment is consistent with the 2040 Strategic Plan goals and
strategies. This amendment is specific to the Central Point Comprehensive Plan to
add Road Diet Improvements to Project No. 230.The Planning Commission and City
Council held Public Hearings in regards to this amendment.
Rob Hernandez moved to approve Ordinance No. 2086, An Ordinance
Amending the Transportation System Plan (TSP) of the Central Point
Comprehensive Plan to Add Road Diet Improvements to Project No. 230.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
ABSENT: Melody Thueson
EXCUSED: Taneea Browning
B. Resolution No. ________, Accepting the Lowest Responsible Bid from Central
Pipeline Inc. for the Gebhard Road Storm Drain Project and Authorizing the
City Manager to Execute a Contract
Parks and Public Works Director Matt Samitore explained that the city conducted a
bid letting procedure for the Gebhard Storm Drain Project. This will provide drainage
for the remaining undeveloped areas of East Central Point as well as future growth
areas in the Urban Reserve. The project will include the installation of 1800 feet of
storm drain from Gebhard Road to Bear Creek through land currently owned by
Jackson County and managed by the Expo.
The City received six qualified bids for the project the lowest responsible bid came
from Central Pipeline Inc. This project will be funded from the Storm Drain and
Streets Funds.
Kelley Johnson moved to approve Resolution No. 1697, accepting the lowest
responsible bid from Central Pipeline Inc., for $488,515 for the Gebhard Road
Storm Drain project and authorizing the City Manager to execute a contract.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
ABSENT: Melody Thueson
EXCUSED: Taneea Browning
C. Resolution No. ________, A Resolution Approving an Intergovernmental
Agreement with the Rogue Valley Council of Governments for Temporary Use
of the Senior Center Building
City Attorney Syndee Dreyer explained that the Rogue Valley Council of
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City of Central Point
City Council Minutes
February 17, 2022
Page 3
Governments (RVCOG) approached the city last year to discuss the purchase of the
Senior Center building. RVCOG manages the Food & Friends program in Jackson
and Josephine Counties, which includes the Meals on Wheels, and the Senior Meals
program. RVCOG has a facility that only allows home delivered meals. Moving to the
Senior Center will permit them to expand the food services to include onsite meals
and expanded access to senior resources for city residents. Central Point City
Council approved the sale of the property at a previous meeting.
The RVCOG board has approved the purchase of the property, but arrangements for
the loan and the finalized sale will not be completed prior to April 1. The proposed
IGA will allow RVCOG to begin using the facility to provide for continuity of meal
services for a period not to exceed 180 days. RVCOG’s goal is to move their current
meals on wheels program to the facility and to provide onsite meals as soon as
possible. The existing kitchen will need to be updated to meet federal and state
standards. The IGA will have no financial impact on the city. If RVCOG decides not
to pursue the purchase or something prevents them from closing within the 180 days
the city will look to extend this agreement.
Kelley Johnson moved to approve Resolution No. 1698, A Resolution
approving an Intergovernmental Agreement with RVCOG for Temporary use of
the Senior Center Building and Authorizing the City Manager to Execute Same.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
ABSENT: Melody Thueson
EXCUSED: Taneea Browning
D. Resolution No. ________, A Resolution of the City of Central Point Setting a
Water Rate Adjustment Effective March 21, 2022
Parks and Public Works Director Matt Samitore stated that on January 27, 2022 he
presented a series of short and long-term problems that need to be addressed to
continue to have a healthy water system. After discussion the Council directed staff
to bring back the standard methodology for Council consideration. Currently the city
uses 150% of the federal standard to base a discount program on. Staff will be
working on code amendments to match our municipal code with current practices
regarding the discount program.
The Water Commission recently completed an annual rate review, which determined
that the “other cities” water rate category, which includes Central Point, should be
increased between 4% and 8% for purchasing bulk water during the 2022-2023
Fiscal Year. The cities long term plan indicates the need for a 4% rate increase for
the 22/23 FY. This increase does not include any increase by the Water
Commission. To meet the ongoing requirements, staff is recommending a 5%
increase for the 2022/2023 fiscal year.
There was discussion about communicating the discount program to the citizens not
just through the newsletter, we should involve other resources that already help
people who are having financial issues.
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City of Central Point
City Council Minutes
February 17, 2022
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Kelley Johnson moved to approve Resolution No. 1699, A Resolution of the
City of Central Point Setting a Water Rate Adjustment Effective March 21, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kelley Johnson, Ward II
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Hernandez, Parsons
ABSENT: Melody Thueson
EXCUSED: Taneea Browning
IX. BUSINESS
A. Transit Oriented Development (TOD) Fence Code Update Discussion
Planning Director Stephanie Holtey stated that the City received a request from
School District No. 6 to modify current fence standards in the Transit Oriented
Development (TOD) District to allow fences higher than four feet and to consider
allowing powder coated chain link which is not currently allowed. Mrs. Holtey
presented the current Code standards in the TOD providing examples of existing
fences and recommended code amendment for discussion and direction.
The restrictions on fence types and height causes security concerns for commercial
and industrial properties. Staff has received several requests to allow six-foot powder
coated chain link fences for several properties. Some commercial properties have
already installed these fences. The iron fences allowed in the code are, in most
cases, too costly. Staff is not suggesting revising the residential standards in regards
to fence height or type.
Council was in favor of reviewing options for amending the code for industrial and
commercial properties within the TOD District.
RESULT: FOR DISCUSSION ONLY
X. MAYOR'S REPORT
Mayor Williams stated that he has been staying close to home and has no report this
week.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
Park Planner Dave Jacobs has done a great job creating and planning the
improvements needed for the cemetery. The City will share the improvement plan in
an upcoming newsletter.
The City has received a suggestion to create a community award program. He would
like to work with the Central Point Chamber to include citizen awards to their annual
awards dinner.
He will be interviewing with a reporter tomorrow regarding the Little League Fields.
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City of Central Point
City Council Minutes
February 17, 2022
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He has been working with Rogue Disposal regarding policy changes for E-waste.
The City is urging support of HB 4158 which will allow most communities in Southern
Oregon to continue with the responsible disposal of electronic waste through the
state-run recycling program.
They are refining the plans the Community Center this week. The next step will be
estimating the cost of the facility.
XII. COUNCIL REPORTS
Council Member Michael Parsons reported that:
He would like the city to add an award for voluntarism. Maybe a volunteer of the year
award.
He attended the virtual LOC Statewide Conference call for city leaders to support and
welcome Central Point Councilor Taneea Browning as the League of Oregon Cities
President. Central Point and Southern Oregon can be proud that we now have a
substantial voice in the leagues leadership.
He attended the Rouge Valley Sewer Services Board of Directors meeting. The
discussion involved housekeeping issues and preparing for the upcoming budget
meetings. There were discussions regarding staffing levels, and pending employee
wage package increases.
In the past citizens have complained about School Safety Zones regarding excessive
speed during school hours. He has spent several days during his Volunteer hours
monitoring the locations where the new signs were placed. There is now a consistent
traffic slowing device in three locations. He has overheard only one complaint this year
and that was asking if they could turn the signs off when school is not in session.
Council Member Rob Hernandez reported that he attended the Community Center
meetings. He is encouraged about the project.
Council Member Kelley Johnson reported that the Chamber Annual Awards Dinner
“Denim and Diamonds” has been rescheduled to March 12th.
XIII. DEPARTMENT REPORTS
Park and Public Works Director Matt Samitore reported that:
The Public Works Operations Center will be delayed because we are having
problems getting the elevator parts.
They had two bid openings regarding the Dennis Richardson Memorial. Both bids
came in way over budget. They are working on the project to cut costs.
The two new pedestrian crossings on Hwy 99 are turning on at the same time. We
are working with the company to figure out a fix.
A contractor cut wires at the lights on Freeman and Oak Street. They are working on
correcting the problem.
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City of Central Point
City Council Minutes
February 17, 2022
Page 6
Captain Scott Logue reported that:
They are going through a CSO hiring process and have narrowed it down to four
candidates.
The Central Point bank robber has been arrested in Las Vegas. He will be extradited to
Redding. He has confessed to the Central Point and Redding bank robberies. At this
time we are not sure if this will be an FBI case.
Planning Director Stephanie Holtey reported that:
The Planning Commission will be discussing mobile food vendors at their meeting on
March 1st, 2022.
DLCD has approved the UGB amendment for Central Point. The individual who objected
has 21 days to appeal the decision.
XIV. EXECUTIVE SESSION- None
XV. ADJOURNMENT
Neil Olsen moved to adjourn at 8:10 p.m.
The foregoing minutes of the February 17, 2022, Council meeting were approved by the City
Council at its meeting of _________________, 2022.
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:
Administration
FROM: Deanna Casey, City Recorder
MEETING DATE: March 10, 2022
SUBJECT: Planning Commission Member Appointment
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Planning Commissioner Chris Richey informed the City that he was moving out of the city limits
on January 13, 2022. The City has advertised through Social Media and in the City Newsletter
for volunteers to fill the position.
On March 3, 2022 the City received an application from Robin Stroh. Mrs. Stroh is currently a
Citizens Advisory Committee Member. This will create two vacancies on the CAC. Staff
continues to advertise in the City Newsletter and on Social Media for volunteers to fill the
vacancies.
Mayor Williams and City Staff recommend the appointment of Mrs. Stroh to the Planning
Commission Position 7. If appointed her term will end December 31, 2022.
Current members of the Planning Commission are:
Thomas Van Voorhees (Chair) Brad Cozza Kay Harrison
Amy Moore Patrick Smith Jim Mock
Recommended Motion:
I move to approve the Consent Agenda as presented.
ATTACHMENTS:
1. PC Application Stroh
5.B
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5.B.a
Packet Pg. 10 Attachment: PC Application Stroh (1519 : Planning Commission Member Appointment)
5.B.a
Packet Pg. 11 Attachment: PC Application Stroh (1519 : Planning Commission Member Appointment)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Justin Gindlesperger, Community Planner II
MEETING DATE: March 10, 2022
SUBJECT: First Reading and Public Hearing - An Ordinance Adding Central Point
Municipal Code Chapter 5.44 Mobile Food Businesses And Amending
Various Sections In Title 17 To Be Consistent With The Mobile Food
Business Location And Application Requirements
ACTION REQUIRED:
Public Hearing
Ordinance 1st Reading
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
On March 1, 2022, the Planning Commission unanimously approved Resolution No.
893 recommending the City Council approve text amendment to the municipal code to
expand opportunities for mobile food businesses and to provide clear requirements and
standards for their location and regulation. The amendments consolidate rules for
mobile food businesses into a new chapter in Title 5-- Business Licenses and
Regulations.
Despite their regional popularity, opportunity to operate a mobile food business in
Central Point is limited. Currently, food trucks are allowed on private property within the
Tourist and Office Professional (C-4) commercial zoning district as a permitted use, and
within the Thoroughfare Commercial (C-5) zoning district as a conditional use. The
proposed amendments expand the allowable location of mobile food businesses and
establish clear standards for mobile food businesses as follows:
Section 5.44.010, Purpose, states the purpose of the amendments to expand
opportunities and provide clear rules for mobile food business operation in
Central Point.
Section 5.44.020, Definitions, establishes the four (4) types of mobile food
businesses allowed in Central Point, including: mobile food vendors (single
vehicle), mobile food pod (up to three vehicles), mobile food court (cluster of 4-12
as part of a permanent installation) and specialty mobile food vendors (operate in
right-of-way or parking lots on a temporary basis and sell pre-packaged goods,
such as ice cream). Subsequent regulations in Chapter 5.44 are based on the
type of mobile food business as defined in this section.
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Section 5.44.030, Mobile Food Vendors and Pods, establishes the applicable
use requirements for mobile food vendors and pods in Item A; permit
requirements in Item B; and, operational standards in Items C. Mobile food
businesses are allowed in all commercial zones except for the Employment
Commercial (EC) zone because this is where the downtown is located. All mobile
food businesses require a business license. A minor site plan review is required
to assure that the special use standards in Item C are met, as well as underlying
zoning requirements (e.g. property setbacks, etc.). Finally, there are provisions to
assure that applicable County Health Department and OLCC permitting
requirements are met. Standards in Item C address hours of operation, and
standard operating procedures including power and utilities, adult beverage
sales, trash, and parking requirements.
Section 5.44.040, Mobile Food Courts, sets forth the location/use, application
requirements and standards that apply to food court installations. Due to the
unique nature of mobile food courts in terms of being a restaurant-like facility with
integrated mobile food vendors providing food service, the Planning Commission
recommended this use be subject to a conditional use permit to assure any
unique circumstances related to traffic, site design, or other unusual impacts
have the opportunity to be mitigated.
Section 5.44.050, Specialty Mobile Food Vendors, provides standards for
vendors that are temporary and are highly mobile. Ice cream trucks and mobile
farm stands provide examples of vendors that may employ a business model
whereby the vendor travels to various neighborhoods or key destinations to sell
pre-packaged food products to individuals residing nearby or visiting their
temporary parking location. This type of use has been allowed in the past;
however, there are no standards in the municipal code that address this use and
provide the certainty and clarity needed to businesses and administrators now
and in the future. The proposed amendments in this section aim to formalize the
historic use as permitted and provide clear standards for the use and its
operation.
Section 5.44.060, Denial, Revocation or Suspension of Permit, provides that
a business license authorization may be denied, revoked or suspended if it is
found that any provision of applicable condition of approval will be or has been
violated. This section addresses how applicants or permit holders will be notified
of the action and the appeal process.
Section 5.44.070, Penalties, establishes the enforcement provisions in the
event code standards are violated and not remedied. This section utilizes the
existing enforcement framework provided in Section 1.16.010 and states that,
following two (2) infractions, the permit shall be revoked for a period of at least
one (1) year.
The above amendments were developed as a collaboration between staff, the Citizen’s
Advisory Committee and Planning Commission involving several meetings and drafts
over the past year. Comments and discussion with the Planning Commission noted that
properly permitting food trucks and expanding the use can complement existing
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businesses and attract more visitors – creating more pedestrian traffic and increasing
vibrancy downtown. At the March 10, 2022 City Council Meeting, staff will present the
proposed amendments for a public hearing.
FINANCIAL ANALYSIS: The proposed code amendments do not generate additional
cost to the City beyond in-kind staff expense.
LEGAL ANALYSIS:
There are two (2) issues as noted below:
1. Title 17 Consistency. Following the recommendation by the Planning
Commission to approve the amendments and consolidate requirements in CPMC
5.44, legal counsel advised staff to make corresponding changes in the permitted
and conditional use sections in applicable zoning districts.
Comment: The initial intent of the proposed amendments were to consolidate
requirements into one chapter; however, the locations are tied to zoning districts
and the modifications in Title 17 will “close the loop” for clarity and consistency
with the Chapter 5.44 revisions. The proposed changes in Title 17 are identified
in Attachment “A” and are consistent with the mobile food locations identified in
Sections 5.44.020(B) and 5.44.030 as recommended by Planning Commission.
Based on this analysis, there are no changes in substance to the amendments
only clarifications that assure consistency and clarity for users of the municipal
code.
2. Notice. The public hearings before the Planning Commission on March 1, 2022
and City Council on March 10, 2022 were duly noticed by publication in Mail
Tribune on February 16, 2022. Additionally, staff notified the Department of Land
Conservation and Development (DLCD) of the hearings. However, the final City
Council hearing was listed as March 24, 2022.
Comment: To address the two (2) noticing dates, staff recommends that the City
Council open the public hearing at the March 10th meeting and, after receiving
testimony, continue the public hearing until the March 24, 2022 meeting. This will
assure all parties who received notice and would like to participate orally or in
writing, will have the opportunity to do so at the two advertised meeting times.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Vibrant Economy, Goal 5 – Support business development and entrepreneurship.
STAFF RECOMMENDATION:
Conduct a first reading of the ordinance for proposed mobile food business
amendments, open the public hearing and continue the hearing until March 24, 2022.
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RECOMMENDED MOTION:
I move to continue the public hearing to the March 24, 2022 City Council meeting as
necessary to honor the second public hearing date provided in the notice to DLCD.
ATTACHMENTS:
1. Mobile Vending Ordinance (1st Reading)
2. Planning Commission Resolution No 893
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ORDINANCE NO. ________
AN ORDINANCE ADDING CENTRAL POINT MUNICIPAL CODE
CHAPTER 5.44 MOBILE FOOD BUSINESSES AND AMENDING VARIOUS
SECTIONS IN TITLE 17 TO BE CONSISTENT WITH THE MOBILE FOOD BUSINESS
LOCATION AND APPLICATION REQUIREMENTS
Recitals:
A. Words lined through are to be deleted and words in bold are added.
B. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
C. Pursuant to the requirements set forth in CPMC 17.10.100 Zoning Map and
Zoning Code Text Amendments – Purpose and Chapter 17.05.500, Type IV
Review Procedures, the City has initiated an application and conducted the
following duly advertised public hearings to consider the proposed
amendments:
a. Planning Commission hearing on March 1, 2022
b. City Council hearing on March 10, 2022 and March 24, 2022
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Adds Chapter 5.44 of the Central Point Municipal Code to expand
opportunities for mobile food businesses and establish clear application requirements and
standards:
5.44.010 Purpose
5.44.020 Definitions
5.44.030 Mobile Food Vendors
5.44.040 Mobile Food Courts
5.44.050 Specialty Food Vendors
5.44.060 Denial, revocation or suspension of permit
5.44.070 Penalties
5.44.010 Purpose.
Expand opportunities for mobile food businesses and establish clear standards
and application process for authorizing mobile food businesses on a temporary
and semi-permanent basis.
7.A.a
Packet Pg. 16 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
5.44.020 Definitions.
A. “Mobile Food Business” means mobile food services provided in a
motorized vehicle, trailer or push cart located on private property with
permission of the property owner(s). There are four (4) types of mobile food
businesses for purposes of this code:
1. “Mobile Food Vendor” means a single mobile food retailer that is
located on single parcel of land.
2. “Mobile Food Pod” means two (2) to three (3) mobile food vendors
that are located on a single parcel of land.
3. “Mobile Food Court” means a group of four (4) to twelve (12) mobile
food vendors located on a single parcel of land.
4. “Specialty Food Vendor” means a mobile retailer of pre-packaged or
whole food products that do not involve onsite preparation. Specialty
food vendors operate in parking lots and the public-right-of-way for
durations that do not exceed fifteen (15) minute time periods.
Examples of a specialty food vendor include ice cream trucks,
mobile farm stands, etc.
5.44.030 Mobile Food Vendors & Pods.
A. Applicability.
1. Permitted Use. Mobile food vendors and pods shall be a permitted
use on privately owned property in the C-N, C-4, C-5, GC, M-1, M-2
and Civic zoning districts subject to the application procedures and
standards in items B-D of this section below.
2. Special Events. Mobile food vendors and mobile food pods
associated with Special Events as defined in CPMC 5.42 shall obtain
a Special Event Permit from the Parks Department and are exempt
from the requirements of this Chapter.
3. Parks & Publically-Owned Property. Mobile food vendors may be
allowed in Don Jones Park, Pfaff Park, Twin Creeks Park and Bohnert
Park subject to a Special Event Permit obtained by the Parks
Department.
B. Application Requirements. Mobile food vendors shall obtain the required
application approvals, as applicable, prior to locating and operating the
7.A.a
Packet Pg. 17 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
mobile food businesses including the following:
1. Minor Site Plan & Architectural Review Approval (Type I) in
accordance with CPMC 17.05.200 and the submittal and approval
criteria listed in CPMC 17.72 and Section 5.44.030(C).
2. Business License. This is an annual license that authorizes users to
conduct business in the City of Central Point at a specified location.
The business license shall be subject to approval of a Minor Site
Plan and Architectural Review per Item 1 above.
3. Jackson County Environmental Health Permit.
4. Oregon Liquor and Cannabis Commission (OLCC) Liquor License
and Alcohol Service Permits if alcohol sales are part of the mobile
food business.
C. Mobile Food Vendor Standards. The following site and operational
standards shall apply to mobile food vendors:
1. Business activity shall be limited to the hours of 7:00 a.m. to 11:00
p.m.
2. Mobile food vendor vehicle (i.e. truck, trailer or pushcart) shall be
removed from the site each day when the business activities have
ceased.
3. Mobile food vendor vehicle (i.e. pushcart, truck, trailer ,etc.) shall
comply the base zone setbacks set forth in Title 17, the clear vision
areas in the Public Works Standard Specifications and the following
location requirements:
a. The mobile food vendor vehicle shall be placed on a paved
surface.
b. Located at least 100-feet from an existing restaurant’s front
door and outdoor eating area;
c. 50-feet from other permitted mobile food vendor location(s);
d. At least 15-feet from a fire hydrant;
7.A.a
Packet Pg. 18 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
e. At least 300-feet from residential zones if the mobile food
vendor utilizes a generator for power;
f. If placed in a pod, is at least 10-feet from other mobile food
vendor vehicles; and,
g. Mobile food vendors and pods, including all items associated
with their operation, shall be located to avoid obstructing any
existing or required pedestrian pathway, driveway, and drive
aisles; and,
h. Mobile food vendors and pods shall be located so as to not
create a traffic or safety hazard.
4. Parking.
a. The mobile food vendor vehicle shall not occupy required
off-street parking spaces for the primary use on the site.
b. Two (2) off-street parking spaces shall be provided in
accordance with the off-street parking standards in CPMC
17.75.039.
c. Shared parking between the mobile food vendor and the
primary use is subject to the requirements in CPMC
17.64.040(D).
5. Utilities. The mobile food vendor vehicle shall be self-contained
unless the site has permanent utility connections permitted by the
Central Point Building Official.
a. Temporary connection to power is permitted provided that
extension cords are covered or screened to prevent a
tripping hazard.
b. Generators used for mobile food businesses shall be
consistent with applicable Fire Code.
6. Support Equipment and Accessories.
a. Awning(s) may be provided to shelter customers provided
the awning(s) are integral to the mobile food vendor vehicle,
have a minimum vertical clearance of seven (7) feet eight (8)
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Packet Pg. 19 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
inches, and be able to be closed or removed.
b. No support equipment or accessories, including but not
limited to counters, awnings, etc. shall extend more than four
(4) feet from the edge of the cart, trailer or vehicle in any
direction
c. The cooking mechanism, including BBQ grills must be
enclosed and permanently built into the structure of the
vehicle.
7. Signage shall be limited to what can be physically attached to the
vehicle, except for temporary sings authorized by Chapter 15.24.
Unsecured menu boards and sidewalk signs are prohibited.
8. Trash and Recycling.
a. Mobile food vendors shall provide trash and recycling
receptacles for use by business patrons.
b. Mobile food vendor operators are responsible for keeping the
site and adjacent right-of-way areas clean and attractive.
Operators shall collect and appropriately dispose of any litter
on the same throughout operating hours.
9. No waste shall be discharged into the city’s storm drain system,
directly or indirectly, as provided in CPMC 8.05, Storm Drain
Protection.
5.44.040 Mobile Food Courts.
Mobile food courts are considered permanent installations that, due to their
unique nature, are a conditional use in the CN, C-4, C-5, and GC zoning districts.
They are subject to the same site plan and architectural review requirements as
brick and mortar restaurants. Additionally each mobile food vendor within a
mobile food court shall comply with the standards in CPMC 5.44.030 except as
modified below.
A. Overnight parking within the mobile food court is allowed subject to
requirements of the mobile food court owner/operator, provided that each
mobile food business vehicle remains operable and road-ready.
7.A.a
Packet Pg. 20 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
B. Designated, paved parking pads shall be provided for each mobile food
vehicle to be located within the mobile food court.
C. Outdoor equipment and accessories are permitted and include items such
as tables and seating, canopies, grills, and other amenities for guests.
D. Restroom facilities shall be plumbed in accordance with the Oregon
Specialty Building Codes. No portable/chemical toilets are permitted.
E. Full utility connections shall be provided for mobile food businesses
operating in the mobile food court, including:
1. Water.
a. A site dedicated master water meter is required. The size,
installation and applicable fees shall be coordinated with the
Public Works Department.
b. Private water line extensions from the master water meter to
each vendor shall be required per the Uniform Plumbing
Code.
2. Sanitary sewer. The mobile food court shall be connected to sanitary
sewer lines consistent with Rogue Valley Sewer Services
requirements.
3. Underground power shall be stubbed to each mobile food business
parking pad.
5.44.050 Specialty Mobile Food Vendor.
Specialty mobile food vendors shall obtain a Temporary Use Permit and Central
Point Business License. Specialty mobile food vendors are subject to the
following requirements:
A. Specialty Mobile Food Vendors may be authorized to conduct business for
a three (3) month period, which is renewable subject to compliance with the
requirements of this section.
B. Limit length of stop for sales activity to no more than fifteen (15) minutes in
a single location.
C. Specialty food vendors shall not impede traffic on any road right-of-way.
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Packet Pg. 21 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
D. Trash receptacles shall be provided for customers.
E. Specialty Food Vendors shall be limited to operating between 10:00 a.m.
and 7:00 p.m.
5.44.060 Denial, Revocation or Suspension of Permit.
A. The City Manager or his or her designee may deny, revoke or suspend a
Mobile Food Vendor permit upon finding that any provision herein or
condition of approval will be or has been violated.
B. Upon denial, revocation or suspension, the City Manager or his or her
designee shall give written notice of such action to the applicant or
permittee stating the action taken and the reason. The decision shall be
effective immediately. Appeals are subject to the applicable procedures in
CPMC 17.05.
5.44.070 Penalties.
Any violation of this chapter shall be an infraction as defined in Section 1.16.010
and is punishable by a fine as set forth in that section. The City Manager or his or
her designee is authorized to issue a citation to any person or business violating
the provisions of this chapter. After two (2) infractions, the mobile food business
permit authorization shall be revoked for a period of at least one (1) year.
SECTION 2. Amendments to CPMC 17.32.020 identify mobile food vendors and pods
as a permitted use as provided in and to be consistent with CPMC 5.44.
The following uses and their accessory uses are permitted outright, subject to
compliance with all applicable municipal, state and federal environmental, health, and
safety regulations as well as the requirements for site plans in Chapter 17.72:
A. Professional and financial offices and personal service establishments;
B. Retail stores, shops and offices supplying commodities or performing services
other than vehicle and fuel sales;
C. Eating and drinking establishments including mobile food vendors and pods
as provided in CPMC 5.44;
D. Desktop publishing, xerography, copy centers;
E. Temporary tree sales, from November 1st to January 1st;
F. Public and quasi-public utility and service buildings, structures and uses;
G. Neighborhood shopping centers, which may include any of the permitted uses in
this section;
H. Other uses not specified in this or any other district, if the planning commission
finds them to be similar to the uses listed above and compatible with other
7.A.a
Packet Pg. 22 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
permitted uses and with the intent of the C-4 district as provided in
Section 17.60.140, Authorization for similar uses.
SECTION 3. Amendments to CPMC 17.32.030 add mobile food courts as a conditional
use subject to requirements in CPMC 5.44, Mobile Food Businesses and as provided in
CPMC 17.76, Conditional Uses. The change is needed to provide consistency between
Title 5 and Title 17.
The following uses and their accessory uses are permitted in the C-N district when
authorized in accordance with Chapter 17.76 of this title:
A. Automobile repair facilities and related fuel sales;
B. Outdoor storage of commodities associated with a permitted, special permitted or
conditional use. All storage shall be within an area surrounded by a solid wall or
fence six feet in height unless otherwise specified in the conditional use permit.
In no case shall materials or equipment be stored higher than the wall or fence;
C. Churches or similar religious institutions;
D. Medical or dental offices and similar health care services;
E. Family-oriented commercial recreation establishments including, but not limited
to, pool/billiard centers, health spas, exercise or physical fitness centers, martial
arts schools, arcades/amusement centers, and similar facilities that are
neighborhood oriented and consistent with the purpose and intent of the
neighborhood convenience center.
F. Mobile food courts as provided in CPMC 5.44.
SECTION 4. Amendments are needed to CPMC 17.44.020(B) to clarify that mobile food
vendors and pods are a permitted use in the C-4, Tourist and Office Professional Zone
consistent with CPMC 5.44, Mobile Food Businesses. The proposed amendments read
as follows:
The following uses are permitted in the C-4 district:
B. Tourist and entertainment-related facilities, including but not limited to:
1. Convenience market, meat, poultry, fish and seafood sales; fruit and
beverage stands;
2. Drugstores;
3. Automobile service station, automobile and recreational vehicle parts sales
and repairs, and truck rentals;
4. Motel and hotel;
5. Walk-in movie theater;
7.A.a
Packet Pg. 23 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
6. Bowling alley;
7. Photo and art galleries;
8. Photo processing pickup station;
9. Travel agencies;
10. Barber and beauty shops;
11. Sit-down restaurants or dinner houses (including alcohol);
12. Cocktail lounges and clubs serving alcoholic beverages;
13. Tavern with beer only;
14. Commercial parking lot;
15. Community shopping centers which may include any of the permitted uses
in this section and may also include but not be limited to:
a. Supermarkets;
b. Department stores;
c. Sporting goods;
d. Books and stationery;
e. Gifts, notions and variety;
f. Florists;
g. Leather goods and luggage;
h. Pet sales and related supplies;
i. Photographic supplies;
j. Health food;
k. Self-service laundry;
l. Antique shop;
m. Delicatessen;
n. Pastry and confectionery;
o. General apparel;
p. Shoes and boots;
q. Specialty apparel;
r. Jewelry;
s. Clocks and watches, sales and service;
t. Bakery, retail only;
u. Bicycle shop;
v. Audio, video, electronic sales and service;
w. Printing, lithography and publishing;
16. Mobile food vendors and pods as provided in CPMC 5.44;
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Packet Pg. 24 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
17. State-regulated package liquor stores;
18. Other uses not specified in this or any other district, if the planning
commission finds them to be similar to the uses listed above and compatible
with other permitted uses and with the intent of the C-4 district as provided
in Section 17.60.140, Authorization for similar uses;
19. Large retail establishments.
SECTION 5. Amendments are needed to CPMC 17.46.030 to add mobile food courts as
a conditional use in the C-4, Commercial Thoroughfare Zone consistent with CPMC
5.44, Mobile Food Businesses.
A. The following uses are permitted in the C-4 district when authorized in accordance
with Chapter 17.76, Conditional Use Permits:
1. Campgrounds and recreational vehicle overnight facilities;
2. Drive-in movie theater;
3. Golf course/driving range;
4. Ice and roller skating rinks;
5. Dance halls;
6. Billiard/pool halls;
7. Miniature golf courses;
8. Amusement center (pinball, games, etc.);
9. Nonindustrial business/vocational schools;
10. Physical fitness/conditioning center; martial arts schools;
11. Carwash;
12. Taxicab dispatch office;
13. Ambulance/emergency services;
14. Day care center;
15. Drive-in fast food outlets;
16. Other specialty food outlets, including mobile food courts as provided in
CPMC 5.44;
17. Television and radio broadcasting studio;
7.A.a
Packet Pg. 25 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
18. Accessory buildings and uses customarily appurtenant to a permitted use,
such as incidental storage facilities, may be permitted as conditional uses when
not included within the primary building or structure;
19. Permitted uses that are referred to the planning commission by city staff
because they were found to exhibit potentially adverse or hazardous
characteristics not normally found in uses of a similar type and size.
B. Uses other than those listed above may be permitted in a C-4 district when included
as a component of a commercial, tourist, or office-professional planned unit
development that consists predominantly of uses permitted in the zone and is planned
and developed in accordance with Chapter 17.68, Planned Unit Development (PUD).
These uses shall include the following:
1. Department stores;
2. Sporting goods;
3. Books and stationery;
4. Gifts, notions and variety;
5. Florists;
6. Leather goods and luggage;
7. Pet sales and related supplies;
8. Photographic supplies;
9. Health food;
10. Self-service laundry;
11. Antique shop;
12. Delicatessen;
13. Pastry and confectionery;
14. General apparel;
15. Shoes and boots;
16. Specialty apparel;
17. Jewelry;
18. Clocks and watches, sales and service;
19. Bakery, retail only;
20. Bicycle shop;
21. Audio, video, electronic sales and service; and
7.A.a
Packet Pg. 26 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
22. Printing, lithography and publishing.
SECTION 6. Amendments are needed to CPMC 17.46.020(C) to clarify that mobile food
vendors and pods are a permitted use in the C-5, Commercial Thoroughfare zoning
district consistent with CPMC 5.44, Mobile Food Businesses.
The following uses are permitted in the C-5 district:
C. Retail outlets, including but not limited to:
1. Auto and truck sales (new and used),
2. Tire sales and service,
3. Glass and mirror sales and service,
4. Wallcovering, floorcovering, curtains, etc.,
5. Major appliances sales and service,
6. Hardware sales,
7. Monument sales,
8. Supermarket,
9. Convenience market,
10. Drugstore,
11. Feed, seed and fuel (within enclosed structure),
12. Electrical and plumbing supplies,
13. Heating and air-conditioning equipment;
14. Stone, tile and masonry supplies,
15. Nursery and gardening materials and supplies,
16. Antique shop,
17. Art and engineering supplies,
18. Pawnshop,
19. Sit-down restaurants, including service of beer, wine and liquor,
20. Drive-in fast food establishments,
21. Tavern, beer sales only,
22. Public/quasi-public utilities and services,
23. Florist sales,
24. Pet sales,
25. General apparel;
7.A.a
Packet Pg. 27 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
26. Furniture sales, including used furniture,
27. Sporting goods sales, including firearms,
28. State-regulated package liquor stores,
29. Community shopping centers, which may include any of the permitted uses in
this section and the C-4 district,
30. Large retail establishment eighty thousand square feet or less as defined in
Section 17.08.010, Retail establishment, large; and,
31. Mobile food vendors and pods as provided in CPMC 5.44.
SECTION 7. Amendments are needed to CPMC 17.46.030 to add mobile food courts as
a conditional use in the C-5 Commercial Thoroughfare zoning district consistent with
CPMC 5.44, Mobile Food Businesses.
The following uses are permitted in the C-5 district when authorized in accordance with
Chapter 17.76:
1. Automobile and truck paint shops;
2. Recreational vehicle overnight facilities;
3. Drive-in movie theater;
4. Heavy equipment sales and service;
5. Mobile home and recreational vehicle sales;
6. Boats and marine equipment sales and service;
7. Motorcycle and snowmobile sales and service;
8. Dinner houses and restaurants serving alcoholic beverages;
9. Cocktail lounges and clubs;
10. Other specialty food outlets, mobile food vendors;
11. Meat, fish, poultry and seafood, light processing and sales;
12. Dairy products sales;
13. Paint and related equipment and supplies;
14. Cleaning and janitorial supplies;
15. Secondhand store or thrift shop;
16. Mortuary;
17. Amusement center (pinball, games, etc.);
18. Manufacturing for on-premises sales;
19. Taxidermist;
7.A.a
Packet Pg. 28 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
20. Auction house (excluding livestock);
21. Wholesaling of permitted use products;
22. Adult businesses, as defined in Chapter 5.24;
23. Small engine sales and service;
24. Vocational, technical and trade schools, including facilities related to industrial
trades;
25. Accessory uses and buildings customarily appurtenant to a permitted use, such
as incidental storage facilities, may be permitted as conditional uses when not
included within the primary building or structure;
26. Permitted uses that are referred to the planning commission by city staff because
they were found to exhibit potentially adverse or hazardous characteristics not
normally found in uses of a similar type or size;
27. Large retail establishments greater than eighty thousand square feet as defined
in Section 17.08.010, Retail establishment, large;
28. Regional shopping centers;
29. Mobile food courts as provided in Chapter 5.44.
SECTION 8. Amendments are needed to CPMC 17.48.020 to add mobile food vendors
and pods as a permitted use in the M-1, Industrial zoning district consistent with CPMC
5.44, Mobile Food Businesses.
The following uses and their accessory uses are permitted in an M-1 district, subject to
the limitations imposed in Section 17.48.030:
A. Warehousing;
B. Storage and wholesaling of prepared or packaged merchandise;
C. Dwellings for a caretaker, watchman, or other person regularly employed on the
premises;
D. Administrative, educational and other related activities and facilities in
conjunction with a permitted use;
E. Ambulance and other emergency service facilities, including police and fire
stations;
F. Municipal corporation and public utility buildings, structures and yards, including
the storage, repair and maintenance of vehicles and equipment;
7.A.a
Packet Pg. 29 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
G. All types of automobile, motorcycle, truck, and equipment sales, service, repair
and rental, including automobile and truck service stations;
H. Boat building, sales and repair;
I. Cold storage plants, including storage and office;
J. Printing, publishing and book binding;
K. Scientific research or experimental development of materials, methods of
products, including engineering and laboratory research;
L. Vocational, technical and trade schools, including facilities related to industrial
trades;
M. Retail and/or wholesale lumber and building materials sales yard, not including
concrete mixing;
N. Light fabrication and repair shops such as blacksmith, cabinet, electric motor,
heating, machine, sheet metal, signs, stone monuments, upholstery and welding;
O. Assembly, manufacture, or preparation of articles and merchandise from
previously prepared materials, such as canvas, cloth, cork, fiber, tobacco, wire,
wood, excluding sawmills and other wood processing plants, and similar
materials;
P. Manufacture, compounding, processing, packing or treatment of such products
as bakery goods, candy, cosmetics, dairy products and meat, drugs, perfumes,
pharmaceuticals, toiletries; excluding the rendering of fats and oils, fish and meat
slaughtering, and fermented foods such as vinegar and yeast;
Q. Processing uses such as bottling plants, creameries, blue-printing and
photocopying, laundries, carpet cleaning, tire retreading, recapping and
rebuilding;
R. Manufacture of electric, electronic, or optical instruments or related devices;
S. Manufacture of products used by the medical and dental professions, including
artificial limbs, dentures, hearing aids, surgical instruments and dressings, and
similar products;
T. Developer’s project and sales offices, including mobile homes adapted to that
purpose, during construction only;
U. Planned unit developments, subject to the provisions of Chapter 17.68;
7.A.a
Packet Pg. 30 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
V. Mini-storage facilities;
W. Mobile food vendors and pods as provided in Chapter 5.44.;
X. Other uses not listed in this or any other district, if the planning commission finds
them to be similar to those listed above and compatible with other permitted uses
and with the intent of the M-1 district.
SECTION 9. Amendments are needed to CPMC 17.29.050 to add mobile food vendors
and pods as a permitted commercial use in the Civic zoning district consistent with
CPMC 5.44, Mobile Food Businesses.
Use Categories Civic Zoning (C)
Commercial
Entertainment N
Professional Office N
Retail Sales and Service
Sales-Oriented/Concessions
Mobile Food Vendors and Pods
Personal Service-Oriented
Repair-Oriented
Drive-Through Facilities
Quick Vehicle Service
Vehicle Sales, Rental and Repair
C1
L2
N
N
C1
N
N
N – Not permitted
P – Permitted
C – Conditional use
C1 – Conditional use limiting sales oriented space to a maximum of four hundred square feet
L1 – School athletic and play fields only. School building and parking lots are not permitted.
L2 Mobile food vendors and pods are only allowed subject to the requirements in CPMC 5.44,
Mobile Food Businesses.
SECTION 10. Amendments are needed to CPMC 17.65.050, Table 1 commercial uses
to clarify that mobile food vendors, pods and courts are not permitted in the EC,
Employment Commercial zone. In the GC, General Commercial zone, mobile food
vendors and pods are a permitted use and mobile food courts are a conditional use as
provided in CPMC 5.44, Mobile Food Businesses. Restaurant/food service businesses
7.A.a
Packet Pg. 31 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
are defined as entertainment in CPMC 17.05.410(D)(1), which includes the mobile food
businesses as provided in L7-L9 in the amendments below:
Table 1
TOD District Land Uses
Use Categories Zoning Districts
LMR MMR HMR EC GC C OS
Commercial
Entertainment N N C P, L7 P, L8, L9 N N
Professional Office C L3 L3, L4 P P P N
Retail Sales and Service
Sales-oriented C L3 L3 P P N N
Personal service-oriented C L3 L3, L4 P P N N
Repair-oriented N N N P P N N
Drive-through facilities N N N P P N N
Quick vehicle service N N N P P N N
Vehicle sales, rental and
repair
N N N P P N N
Tourist Accommodations
Motel/hotel N N C P P N N
Bed and breakfast inn C C P P P N N
N--Not permitted.
P--Permitted use.
N--Not permitted.
P--Permitted use.
P1--Permitted use, one unit per lot.
C--Conditional use.
L1--Only permitted as residential units above ground floor commercial uses.
L2--School athletic and play fields only. School building and parking lots are not permitted.
L3--Permitted in existing commercial buildings or new construction with ground floor businesses with multifamily
dwellings above ground floor. Maximum floor area for commercial use not to exceed ten thousand square feet per
tenant.
L4--Second story offices may be permitted in areas adjacent to EC zones as a conditional use.
L5--Only permitted as a transition between lower density zones and/or when adjacent to an environmentally sensitive
area.
L6--Permitted only when part of an existing or proposed senior housing project on abutting property under the same
ownership within the MMR or HMR district.
L7—Mobile Food Vendors, Pods and Mobile Food Courts are prohibited as provided in CPMC 5.44, Mobile
Food Businesses.
L8—Mobile food vendors and pods are subject to the application requirements and provisions in CPMC 5.44,
Mobile Food Businesses.
L9—Mobile Food Courts may be permitted in the GC zone as a conditional use in accordance with CPMC
5.44, Mobile Food Businesses and per CPMC 17.76, Conditional Use Permits.
7.A.a
Packet Pg. 32 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
SECTION 11. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word Ordinance may be changed to “code”, “article”, “section”, “chapter”,
or other word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions need not be
codified and the City Recorder is authorized to correct any cross references and any
typographical errors.
SECTION 12. 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 April, 2022.
_______________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.A.a
Packet Pg. 33 Attachment: Mobile Vending Ordinance (1st Reading) (1521 : Mobile Food Business Text Amendments)
7.A.b
Packet Pg. 34 Attachment: Planning Commission Resolution No 893 (1521 : Mobile Food Business Text Amendments)
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: March 10, 2022
SUBJECT: Resolution No. ________, Accepting the lowest responsible bid from
Knife River Materials Inc. for $456,789 for the 2022 Roadway Repairs
Projects and authorizing the City Manager to execute a contract.
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The City conducted a bid letting procedure for the 2022 Roadway Repairs project. The City
received two bids for the project, with the low bid being from Knife River Materials for
$456,789.00. The City estimate was $440,000 to $480,000.
This project consists of removing existing handicap ramps that do not meet current ADA
requirements, failing curbs and gutters, and failing asphalt. Repair methods employed will be
grinding and inlaying of asphalt, installation of new ADA compliant ramps, paving, and minor
adjustments of structures and obstructions. Work will be performed at the following locations;
North 2nd and 3rd Streets from Pine Street to Hazel Street
Scenic Avenue from Highway 99 to Dobrot Way
Scenic Avenue in front of the new FD#3 facility
North Haskell Street from Taylor Road to Pine Street.
FINANCIAL ANALYSIS:
The project was initially budgeted in the 2021/23 Street Fund.
LEGAL ANALYSIS:
The City of Central Point public contracts/bidding is governed by Oregon Revised Statute
(ORS) Chapter 279 and Central Point Municipal Code (CPMC) Chapter 2.40.
8.A
Packet Pg. 35
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment; Goal 5 – Plan, design, and construct modern and efficient
infrastructure in all areas and systems. Strategies 3 and 4.
STAFF RECOMMENDATION:
Approve a resolution awarding the 2022 Paving Projects to Knife River Materials, Inc.
RECOMMENDED MOTION:
I move to approve Resolution No. ____ accepting the lowest responsible bid from Knife River
Materials Inc. for $456,789 for the 2022 Roadway Repairs Projects and authorizing the City
Manager to execute a contract.
ATTACHMENTS:
1. 2022 Roadway Repairs Exhibits
2. Exibit A Public Notice
3. 2022 Roadway Repairs Spreadsheet
4. Resolution 2022 Paving Projects
8.A
Packet Pg. 36
FILE PATH:
PLOT DATE:
COVER
2022 ROADWAY REPAIRS1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINTCENTRAL POINT
GENERAL NOTES
PROJECT OVERVIEW MAP
SHEET NO. 2 -
N. HASKELL ST.
SHEET NO. 5 -
2ND / 3RD ST.
SHEET NO. 4 -
SCENIC / ROCK WAY
SHEET NO. 3 -
SCENIC AVE.
JACKSON
COUNTY
CITY OF
CENTRAL
POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
8.A.a
Packet Pg. 37 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
TAYLOR RD
W PINE ST
MANZANITA STN HASKELL STCONSTRUCTION NOTES
GENERAL NOTES
FILE PATH:
PLOT DATE:
NORTH HASKELL STREET
2022 ROADWAY REPAIRS1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
SHEET NO.:
2 6
8.A.a
Packet Pg. 38 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
SCENIC AVEMARY'S WAY
COTTONWOOD DR
NORTHWOOD DR
SUMM
E
R
G
L
E
N
W
A
Y
WILL
O
W
B
E
N
D
W
A
YAPPLEWOOD DRNANCY AVE
ROGU
E
V
A
L
L
E
Y
H
W
Y
DOBROT WAY
CONSTRUCTION NOTES
GENERAL NOTES
FILE PATH:
PLOT DATE:
WEST SCENIC AVENUE
1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
2022 ROADWAY REPAIRS
SHEET NO.:
3 6
8.A.a
Packet Pg. 39 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
SCENIC AVEROCK WAY
CONSTRUCTION NOTES
GENERAL NOTES
FILE PATH:
PLOT DATE:
SCENIC AVENUE - ROCK WAY
1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
2022 ROADWAY REPAIRS
SHEET NO.:
4 6
8.A.a
Packet Pg. 40 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
W PINE ST
CHERRY ST
MAPLE ST
LAUREL ST
HAZEL ST
MANZANITA STN 4TH STN 2ND STN 3RD STCONSTRUCTION NOTES
GENERAL NOTES
FILE PATH:
PLOT DATE:
2ND STREET AND 3RD STREET
1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
2022 ROADWAY REPAIRS
SHEET NO.:
5 6
8.A.a
Packet Pg. 41 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
FILE PATH:
PLOT DATE:
DETAILS
1/25/2022
J:\Data\CPT\1015-093\40 - Paving 2nd, 3rd, N Haskell,
Scenic\CAD\pav-p-civ.dwg
CENTRAL POINT
0"1/2"1"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 1"
SCALE:NTS
2022 ROADWAY REPAIRS
3" ACP
OVERLAY, TYP.
2" TO 0" WEDGE MILLING
W/ 2"-3" ACP INLAY
IN SHOULDER / PARKING LANE
RECENTLY PAVED
WIDTH VARIES
4" TO 2" WEDGE MILLING
W/ 2" INLAY
PROPOSED ACP FG
PROP. SECTION - N. HASKELL
(WEST PINE ST. - TAYLOR RD.)
NOT TO SCALE
PROP. SECTION - SCENIC AVE.
(ROCK WAY - SCENIC MIDDLE SCHOOL)
NOT TO SCALE
℄
℄
WEDGE MILLING /
INLAY SECTION
WEDGE MILLING /
INLAY SECTION
PROP. SECTION - ASPHALT REPAIR
(VARIOUS LOCATIONS AS DIRECTED BY CITY)
NOT TO SCALE
GRIND / REMOVE FULL ACP
SECTION. REPLACE W/ 4" ACP OR
MATCH EXISTING SECTION.
SHEET NO.:
6 6
8.A.a
Packet Pg. 42 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
*rd700.dgn 20-JUL-20206"Especify in plans
Var. 24" or 30"
6"E7"" rad.4
3
Batter 6:1
" rad.43
see gutter pan notesSlope varies,1"(Typ.)7"2" (Typ.)RD700RD700
CURBS
(See general note 11)
STANDARD CURB MOUNTABLE CURB
CURB ENDING DETAIL
MOUNTABLE CURB AND GUTTERCURB AND GUTTER
MOUNTABLE CURB
LOW PROFILE MODIFICATION FOR KEYWAY
WEEP HOLE DETAIL
VALLEY GUTTER
O.D.O.T. & City of Portland Standard "H"=16"
" rad.4
3
1
:4 slop
e6:1
Batter
(Slope var.)
Finish grade
see gutter pan notesSlope varies,
12"
LOW PROFILE MOUNTABLE CURB AND GUTTER
" rad.4
3
or specifiy in plans
18" norm.as directedon plans orvary as shown(Where shown on plans)** 1"** 0" at curb ramp
8" norm.1.5'4.5'
6'4"Face of curb
"21" R.21" to 83joint filler (Full depth)
Preformed expansion
Asph. conc. pvmt. (ACP)
Grade of roadway
upon extension of curb.
To be removed
(Slope var.)
Finish grade
" rad.43
Batter 6:1
" rad.83
12" min.''H'' variableE(See general note 11)
6"E16"(See general note 11)
3" rad.
(Slope var.)
Finish grade
Batter 6:1
(Slope var.)
Finish grade
7" min.Batter 6:1
3" rad.
3" rad.
" rad.8
3
(Slope var.)
Finish grade
Batter 6:1
allowed by jurisdiction.
Vary where shown on plans, and
Vary slope as reqd. for drainage.
Slope 4.0% max. at curb ramps.
Slope 5.0% normal.
GUTTER PAN NOTES:
specify in plans
Var. 24" or 30"
6"
6"Normal curb
Var.Esee gutter pan notesSlope varies,
Slope var. (1:4 max.)
Top of curb" (Max.)41
Bottom of curb
Gutter line
Batter 6:1
for each 1" difference in ''E''.
having a slope of 1:1 or steeper). Minimum desirable transition length shall be 20'
(''E'' Is the total vertical dimension of those curb surfaces
4. Transitions shall be used to connect curbs of different exposures ''E''.
3. Const. curb contraction joints at 15' maximum spacing, and at ends of each inlet and curb ramp.
ends of each driveways.
2. Const. curb expansion joints at 200' maximum spacing, and at points of tangency, and at
curb. Vary as shown on plans or as directed. O.D.O.T standard "E"=7".
1. Curb exposure ''E'' = 6" to 9", as measured vertically from flowline to highest point on
GENERAL NOTES FOR ALL DETAILS ON THIS SHEET:
or as directed
as shown on plans
8" norm., vary
(Slope var.)
Finish grade
" rad.43" rad.43
1:4 slope
* 0" for Truck Apron
thkn. (4" min.)
Future sidewalk
be poured at the same time
curb and sidewalk will not
Form shelf into curb when
2"
(Type var.)
curb and gutter
Curb, or
(Where req'd.)
3" PVC pipe,
(Type var.)
curb and gutter
Curb, or
weep hole
3" dia.
(Slope var.)
Finish grade"215%
(Where shown on plans, and allowed by jurisdiction)
(Where shown on plans)
Var.Var.12"
(Slope var.)
Finish grade
20"
40"
20"
" rad.43
#4 @ 12" centers (Slope var.)
Finish grade
" rad.43
2" (Typ.)centers
#4 @ 7"
6"
"811 "811" rad.83
" rad.83
(Finished surface)
5.0%
(Finished surface)
5.0%
11. On or along state highways, curb and gutter is required at curb ramp.
10. For curb ramp details, see Std. Dwgs. RD900 series.
9. For drainage curbs, see Std. Dwg. RD701.
8. For sidewalk details, and monolithic curb & sidewalk, see Std. Dwgs. RD720 & RD721.
7. Dimensions adjacent to radii are measured to the point of intersection of curb surfaces.
6. Dimensions are nominal, vary to conform with curb machine approved by the engineer.
surface slope), unless otherwise shown, or as directed.
5. Tops of all curbs shall slope toward the roadway at 1.5% max. (Max. 2.0% finished
The selection and use of this
Standard Drawing, while de-
signed in accordance with
generally accepted engineer-
ing principles and practices,
is the sole responsibility of
the user and should not be
used without consulting a
Registered Professional En-
gineer.
CALC. BOOK NO.
the current Oregon Standard Specifications
All material and workmanship shall be in accordance withNOTE:
DATE REVISION DESCRIPTION
OREGON STANDARD DRAWINGS
2021
SDR DATE
Effective Date: December 1, 2021 - May 31, 2022
20-JUL-2020N/A
8.A.a
Packet Pg. 43 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
The selection and use of this
Standard Drawing, while de-
signed in accordance with
generally accepted engineer-
ing principles and practices,
is the sole responsibility of
the user and should not be
used without consulting a
Registered Professional En-
gineer.
CALC. BOOK NO.
the current Oregon Standard Specifications
All material and workmanship shall be in accordance withNOTE:
DATE REVISION DESCRIPTION
OREGON STANDARD DRAWINGS
2021
SDR DATE
Effective Date: December 1, 2021 - May 31, 2022RD910 RD910rd910.dgn 20-JUL-2020PERPENDICULAR CURB RAMP DETAIL
LEGEND:
Sidewalk
Detectable warning surface
A
E
Aggr. base
P.C. conc.4" (min.)4" (min.)Detectable warning surface
E
Grade of rdwy
.(See general note 8)
6" rad. (Typ.)
Return curb≥ 2' Max. flare slopes 10.0%(See general note 8)
6" rad. (Typ.)
Return curb
E
(See general note 11)
Curb and gutter
(Typ.)
Max. flare slopes 10.0%
(See general note 6)
Curb ramp width ≥ 4.5'
full width of curb opening.
Detectable warning surface
2'Free from vertical obstructions
Level AreaRamp run
2'
min.
1'
Var.0%
SECTION A-A
(See general note 6)
Curb ramp width ≥ 4.5'
full width of curb opening.
Detectable warning surface(See general note 11)
Curb and gutter
(See general note 11)
Curb and gutter
(See general note 6)
Curb ramp width ≥ 4.5'
full width of curb opening.
Detectable warning surface
2'2'
A
A
A
A
A
PERPENDICULAR CURB RAMP
Grade of rdwy.
surface slope)
(Max. 5.0% finished
Counter slope ± 4.0% max.≥ 2' Zero lip
Gutter
Grade of rdwy.
(See general note 10)
(Type varies)
Curb and gutter
(Normal sidewalk cross slope)
(Max. 2.0% finished surface slope)
Cross slope 1.5% max.
(Max. 8.3% finished surface slope)
Running slope 7.5% max.
(Max. 10% finished surface slope)
Flare slope
WITH SINGLE FLARETHROUGH BUFFER STRIP
drainage) measured perpendicular in two directions is considered level.
For the purposes of this application, a max. 2.0% finished surface slope (for
street crossing).
With obstruction 4.5' x 5.5' (Longer dimension in direction of pedestrian
Unobstructed 4.5' x 4.5'
Level area (Turning space/landing)
Slope as required for drainage
(Max. 5.0% finished surface slope)
Counter slope 4.0% max. ascending or descending,
(non-walkable)
Buffer strip
(Typ.)
Buffer strip (non-walkable)
* Sidewalk w idth
when reqd. turning space cannot be obtained)
(Use "Parallel Curb Ramp Detail" or "Combination Curb Ramp Detail"
* Sidewalk width
* NOTE: Minimum width of 14.25 feet sidewalk for E=7"
11. On or along state highways, curb and gutter is required at curb ramps.
overtop the back of sidewalk.
Check the gutter flow depth at curb ramp locations to assure that the design flood does not
10. Place an inlet at upstream side of curb ramp or perform other approved design mitigation.
curb ramp opening will be ≥ 8' wide.
flares. When a curb ramp is used to provide bicycle access from a roadway to a sidewalk, the
9. Curb ramps for shared use paths intersecting a roadway shall be full width of path, excluding
landscaping, see Std. Dwg. RD721. Return curb shall not reduce width of approaching sidewalk.
8. Return curb may be provided in lieu of flared slope only if protected from traverse travel by
spaces. Surface slopes that meet at grade breaks shall be flush.
of the ramp run. Grade breaks shall not be permitted on the surface of ramp runs and turning
7. Grade breaks at the top and bottom of curb ramp runs shall be perpendicular to the direction
of pedestrian travel full width of curb ramp opening that is adjacent to traffic.
6. Place detectable warning surface at the back of curb for a minimum depth of 2' in the direction
5. Curb ramp slopes shown are relative to the true level horizon (zero bubble).
4. Tooled dummy joints are required at all curb ramp grade break lines, (see Std. Dwg. RD722).
3. Site conditions normally require a project specific design. See project plans for details not shown.
See Std. Dwgs. RD912 through RD916 for curb ramp placement options.
See Std. Dwgs. RD902 through RD908 for detectable warning surface installation details.
See Std. Dwgs. RD720 & RD721 for sidewalks.
2. See Std. Dwgs. RD700 & RD701 for curbs.
1. Curb ramp details are based on applicable ODOT Standards.
GENERAL NOTES FOR ALL DETAILS ON THIS SHEET:
07-2020 DRAWING CREATED
N/A 20-JULY-202020-JULY-2020N/A
8.A.a
Packet Pg. 44 Attachment: 2022 Roadway Repairs Exhibits (1517 : 2022 Roadway Repairs Contract)
AFFIDAVIT OF PUBLICATION COPY OF ADVERTISEMENT
**** THIS IS NOT A BILL **T*
On Behalf of:
CITY OF CENTRAL POINT-Legal
140 S THIRD ST
CENTRAL POINT, OR 97502
STATE OF OREGON COUNTY OF JACKSON
l, Kristy Gallon, being first duly sworn, depose and say that I am the
principal clerk of Mail Tribune, a newspaper of general circulation, as
defined by ORS 193.010 and 193.020; printed at Medford in the
aforesaid county and state; that the public notice, a printed copy of
which is hereto annexed, was published in the entire issue of said
newspaper for Ll successive and consecutive insertion(s) in the
following issues 21412022, 21612022, 21 11 12022, 21 1312022 (HERE SET
FORTH DATES OF TSSUE). I
Afiiant
Subscribed and sworn to before me this
ADVERNSETENT FOR BIDS
NONCE TO CONTRACTORS
PUBLIC ITPROVETEI{T PRO.IECT2021Roqdmy Ropelc
PROTECT #8122126
S€aled bid8 will b€ op€md and publw road at lhe Clty ol Ced€l Polnt City Hall, 140S. 3rd St@l, Cmkd Polnl, OR 97602 at 2:00 PDT d TwBday, February 2?nd,2022for lho €bgva r€l6ron@d pnrj€ct. BH6 must b€ submlttsd to M.tt SamltoE, Ps*! andPubllc Wo*s OlEctor, at ih6 ure addBs pdor to 2:00 PDT on the abovo dal6.Sub@nhactq Dlsdosure loms mu8t be rubmlttsd prld to 4:00 PDT m lh€ ram6 dde.
Biddgrs must b€ prequalafod in ordg. to b€ sllglbl€ tor award. Prc{uallfEtlon msy bgwnh tho Cily ot Cenk€l Polnt, City of M€dfqd, or lhe Oregd Depanmnt ol
Tran8portatlon. lf lhe bldd€r le dl8qualifiod ln eny ofthse jurlsdhlon6, lho blddor wlll bolnellglble lor thls onlract
Award of @nl€ot wall not bo nnal until lho later ol: '1 ) th@ buslnss days anot tho Cltyof C€ntral Point annwms Node of lnlgnl to Award, or 2) ihe Clty of C€nlr8l Polntprcvldg8 a wrltten rspons to €ch llmely prol€sl, donylng lh€ p.ote6t and afiimlng lhe6Md.
On all projwb, work psforftd by lho Cobacto.'s ryn organlzalion must be at least
30% ot tho ryarded @ntra6l amount
Plane snd ap€cltic€tions wlll b€ avallable onllno onlv at w.EnlEloolnldsn.oov orlrocsgib.@ *sinnlns F6bruary 4th, zozz. Any fifiliiiiiFsiiEiiTiiii-e im-teuon iho abovo webailes.
COST ESTIMATE: S510,000 - $550,000
Thls pro.lecl @Nl8t8 of Gmovd of gxlstlno Emp3, curbs, and gutters, pav6rent.omoval, grlrding/inlaying. lnslsllatlon of rew ADA r€mp8, pavlno, aM mlndadjuslmonts of alructuros and obslruclion5 at tho lollowlng loeuons: N 2nd and 3rdSlroslo fiom Pins Str@t lo tlqrel Str@t, S6nlc Avonue fiom Highway 99 to Dobrcl
W8y, SsnloAvens fFm lhe Mlddl6 Sch@l Drivewy to Rock Way, €nd North HaskellSlr€el frcm Taylor R@d lo Plne Str@|. Thls ls s Clty fundod prolscr.
Work €n b€oin Imm€dlatgly rltor noll@ to pro@ed, gxcept whoE noted on th6 plan8.
All rcrk must bs @mpl€tad by August 261h, 2022. Pleas dlroct qll questlqs to DagNman et t41 -zE-4652 or gg!S,!9!ng!@g!!3lpgidg!CS9eS9y.
No bld wlll b€ roc€iv€d or@nsld€rod by th€ Cltyof Cantral Polnt unl€s biddorelgnE lhobld slebh€nl.
The mnl@l ls for plblic work subj€ct to ORS 279C.800 to 279-870. ThlB prol.ot 18
Eublec{ to OEgpn pEvalllng wage Etes.
The Cily of Cenlrel Polnt msy Eecl any bld ml in Mpllan@ wlth all public blddlngprcedures and roqulEments and m6y rqet tur good euse any or all blds upon afndlng by the Clty of C€nral Polnt lhat lt ls ln lhe publlc lnlerest to do s.
CITY OF CENTML POINT
Malt SamltoF, Parks and PubllcWorks Dh@tor
F€bruary 4, 0,11, qnd 13, 2022
t 1-ltaI I oayof GV 2022.
Notary State of Oregon County of
My comrnission expires
Rosebud Media - MailTribune
1'11 N Fir St, Medford, OR 97501
Publication Cost $777.48 | Notice to Contractors
Ad No: 6636 Customer No: 100867
?Jt?rU
@
OFFICIAL STAMP
TERRIE ROGERS
NOTARY PUBLIC.OREGON
coMMtssloN No.979444
ilY CoHlilSStoN DPtRtS $EprElrBER 2{, 2022
Page 1 of 1
8.A.b
Packet Pg. 45 Attachment: Exibit A Public Notice (1517 : 2022 Roadway Repairs Contract)
AFFIDAVIT OF PUBLICATION
OFF"ICIAL
Order No.: 12075326
Client Reference No:
ryP
11 NE Martin Luther King Jr. Blvd. Suite 201 i Portland, OR 97232-3579
(503) 226-131 1
STATE OF OREGON, COUNTY OF MULTNOMAH--ss,
l, Nick Blork , being first duly sworn, depose and say that I am a Publisher of the Daily Journal of Commerce , a newspaper
of general circulation in the counties of GLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193,010 and
193.020; published at Portland in the aforesaid Counly and Stale; that lknow lrom my personal knowledge that the
Construction notice described as
Case Number: NOT PROVIDED
2022ROADWAY REPAIRS
Gity of Gentral Point; Bid Location Central Point, OR, Jackson County; Due0212212022at 02:00 AM
a printed copy of which is hereto annexed, was published in the entire issue of said newspaper lor 2 time(s) in the following
issues:
21412022 211112022
State of Oregon
County of Multnomah
SIGNED OR ATTESTED BEFORE ME
ON THE 11th DAY OF 2022 SEE
EXHIBIT A
Nick Blork
DJCoREGON
b
t
ffi ",,o#Jl$l'iltK,,It\ffiflP,f' NOTABY PUBLIC. OREGON\WZ coMMtsstoNNo.egtoel
MY COMMISSION EXPIRES NOVEMBEB 05,2022
Notary Public-State Oregon
GyndlWeeks
Glty of Central Polnt
140 S 3rd St
Central Point, OR 97502-2216
MAK€ IT
8.A.b
Packet Pg. 46 Attachment: Exibit A Public Notice (1517 : 2022 Roadway Repairs Contract)
EXHIBIT A
CITY OF CENTRAL POINT
PUBLIC IMPROVEMENT PROJECTI
2022 ROAT}WAY REPAIRS
Blds due 2:00 pm,Febntary n,2022
ADVERTISEMENT FOR BIDS
PROJ ECT #8122126
Sealed bids will be op6ned and publicly
read al lhe City of Central Point, Clty
Hall, 140 S. 3rd Slrest, Cental Point, OR
97502 at 2:00 PDT on Tuesday,
February22nd, 2022lor the above refer-
enced projeci. Bids mu$ be submitled to
Matt Samitore, Parks and Public Works
Director, at the same addr€ss prlor to
2:00 PDT on the above dale. Subcon-
traclor Disclosure torms mu$ be
submitted prior to 4:00 PDT on the same
date,
Biddors must be prequalili€d in ord€r to
be eligible for award. Pre-qualification
may be t /ith the Clty ot Central Point,City ol Medlord, or the Oregon
Department of Transponatlon. lf the
bidder is disqualified in any of these juris-
dictions, the bidder will be ineligible lor
thls contrac't.
Award ol contract will not be final until
tho later ot: 1) thr€e business days after
the City of Central Point announces
Notice of lntent to Award, or 2) the City 0f
Central Point provldes a written responseto each timely protest, denying the
prolesl and allkming the a\^/ard,
On all projecls, work performed by the
Conlractor's owr organization must be al
least 30% ol lhe awarded contract
amounl,Plans and sp€citicalions wlll be
avallable onllne onlv at www.cenlral
polnloregon.gov or vvww.questcdn.com
beginning F€bruary 4th, 2U22. Any
addenda issued will be posted on the
above websltes.COST ESTIMATE: $s10,000
$550,000This project consists of removal of
exiding ramps, curbs, and gutters, pave-ment removal, grinding/inlaying,
lnstallatlon of new ADA ramps, pavlng,
and minor adJustments of structures and
obstructlons at the following locations: N
2nd and 3rd Streets from Pine Slreet to
Hazel Streei, Scenic Avenue from
Highway 99 to Dobrot Way, Scenic
Avenue lrom the Mlddle School Drlveway
to Rock Way, and North Haskell Street
from Taylor Road to Pine Streel. Thls is a
City funded projecl.
Work can begin immediately alter
notice to proceed, except where noted on
the plans. All work must bo compl€t€d
by August 261h,2V22. Please dlr€c{ allquestions to Doug Norman ai
541-778-4652 or doug.norman @c€ntral
oointoregon.g ov.
No bid will be recelved or mnsidered
by the City of Central Point unless bidder
signs th6 bid statement,
The mntract is ior public work subjectto ORS 279C,800 to 279.870. Thls
projec't is subject to Oregon prevailing
wage rates.
The City of Central Point may reject
any bid not in compliance with all public
bidding procedures and requirements and
may rej€ct lor good cause any or all bids
upon a tlnding by the City ot Cenlral
Point that lt is in the public interest to do
so.
CITY OF CEMRAL POINT
Matt Samitore, Parks and
Publlc Works Dlrector
Published Feb. 4 & 11, 2022.
1 2075326
8.A.b
Packet Pg. 47 Attachment: Exibit A Public Notice (1517 : 2022 Roadway Repairs Contract)
2022 Roadway Repairs
City of Central Point
Engineer Est.Knife River CPI
Spec.Item
No.No.Item Bid Unit Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price
General
00210 10 Mobilization LS 1 $34,325.00 $34,325.00 $30,000.00 $30,000.00
00225 20 Work Zone Traffic Control, Complete LS 1 $66,224.00 $66,224.00 $40,500.00 $40,500.00
00280 30 Erosion and Sediment Control LS 1 $2,565.00 $2,565.00 $500.00 $500.00
40 Minor Adjustment of Manholes EA 5 $1,400.00 $7,000.00 $2,200.00 $11,000.00
50 Adjusting Boxes EA 10 $425.00 $4,250.00 $400.00 $4,000.00
N 2nd and 3rd Streets: Pine Street - Hazel Street
01140 60 Cold Plan Pavement Removal, 4 inch Deep SY 1,800 $12.00 $21,600.00 $40.00 $72,000.00
01140 70 Level 2, 1/2 inch ACP Mixture TON 405 $139.00 $56,295.00 $115.00 $46,575.00
Scenic Avenue
01140 80 Cold Plan Pavement Removal, 4 inch Deep SY 1,800 $12.00 $21,600.00 $37.00 $66,600.00
01140 90
Cold Plane Pavement Removal, Wedge, 2 inch to 4
inch Deep SY 1,420 $8.00 $11,360.00 $6.50 $9,230.00
01140 100 Level 2, 1/2 inch ACP Mixture TON 565 $135.00 $76,275.00 $115.00 $64,975.00
01140 N Haskell Street
01140 110
Cold Plane Pavement Removal, Wedge, 0 inch to 2
inch Deep SY 2,700 $4.25 $11,475.00 $4.50 $12,150.00
120 Cold Plan Pavement Removal, 4 inch Deep SY 1,300 $12.00 $15,600.00 $37.00 $48,100.00
130 Level 2, 1/2 inch ACP Mixture TON 820 $120.00 $98,400.00 $110.00 $90,200.00
140 Concrete Walks SF 250 $28.00 $7,000.00 $10.00 $2,500.00
150 Extra for New Sidewalk Ramps EA 4 $2,925.00 $11,700.00 $2,250.00 $9,000.00
01140 160 Truncated Domes on New Surfaces EA 4.00 $250.00 $1,000.00 $400.00 $1,600.00
170 Concrete Curbs, Curb and Gutter LF 110 $92.00 $10,120.00 $40.00 $4,400.00
Total Price $456,789.00 $513,330.00
February 22, 2022
Page 1 of 1
8.A.c
Packet Pg. 48 Attachment: 2022 Roadway Repairs Spreadsheet (1517 : 2022 Roadway Repairs Contract)
RESOLUTION NO. _______
A RESOLUTION APPROVING THE LOWEST QUALIFED BID FOR THE
CONSTRUCTION OF THE 2022 PAVING PROJECTS TO KNIFE RIVER
MATERIALS, INC. AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT
RECITALS:
A. The City recently published a solicitation for lowest bids for the
construction of the 2022 Paving Projects.
B. The City received two bids.
C. The lowest bid was submitted by Knife River Materials, Inc. for $456,789.
The City of Central Point resolves as follows:
Section 1. The City Council hereby accepts the lowest bid from Knife River
Materials Inc for the construction of the 2022 Paving Projects.
Section 2. The City Manager is hereby authorized to execute a contract and
any related documents necessary to effectuate the acceptance of this award in a
form substantially the same as that included in the specifications.
Section 3. This Resolution shall take effect immediately from and after its
passage and approval.
Passed by the Council and signed by me in authentication of its passage
this _____ day of March, 2022.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
8.A.d
Packet Pg. 49 Attachment: Resolution 2022 Paving Projects (1517 : 2022 Roadway Repairs Contract)
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: March 10, 2022
SUBJECT: Horn Creek Culvert Discussion
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
The City has been working on a solution to resolve a private culvert installed in the 1980s at 211
Donna Way. Several meetings with the Council have occurred with the latest in 2021, where
discussion focused on finding the most price-effective way of dealing with the issue. Since our
last meeting, we have worked with Northwest Hydraulic Consultants to analyze the City bypass
channel's effectiveness for the main creek. Additionally, we had them explore if the culvert
failed, would there be flooding in the surrounding neighborhood.
The results show with modifications; the bypass channel will work. However, additional rock
shielding is needed to force the water to enter and exit the channel. Additionally, some minor
excavation is required in the actual channel itself. It is also recommended to fill the existing
culvert with sand/rock and concrete on both ends.
The hydraulic analysis does indicate some urbanized flooding would occur upstream of the
existing culvert if it fails. However, if it fails, the biggest issue is the volume of water exiting in
the stream affecting the neighbors to the north and the loss of land because no bank protection
would be in place.
The city staff has given direction to get the necessary environmental permits for the project and
be ready for construction this summer. However, before any monies are spent on construction,
another meeting with the City Council will be necessary.
The attachments show the affected property owners and a plan sheet of the project itself.
FINANCIAL ANALYSIS: N/A
LEGAL ANALYSIS: N/A
9.A
Packet Pg. 50
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Responsible Governance
GOAL 6 - Prepare as a resilient city with the capabilities required across the whole community
to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that
pose the greatest risk.
STAFF RECOMMENDATION:
No recommendation, discussion only.
RECOMMENDED MOTION:
No recommendation, discussion only.
ATTACHMENTS:
1. Horn Creek affected property owners
2. DONNA WAY CULVERT REPLACEMENT 20200406
9.A
Packet Pg. 51
5011001200137513L1
L2
L3
C1
C2
C3
C4
1165 1188
1222
1258
1312
1331
1339
1361 1375
1165
1188
1222
1258
1312
1331 1339
1361 1375
JAMES KEVIN
& NIKI A CAMPBELL
37 2W 10BB
TAX LOT 1100
MYRL L JACOBSEN
& DIANA LYNN ROSE
37 2W 10BB
TAX LOT 1000
WENDY S MISIK
TRUSTEE OF
WENDY S MISIK
LIVING TRUST
37 2W 10BB
TAX LOT 113
UVOLLA S PHILLIPS
37 2W 10BB
TAX LOT 510
JOSHUA T
& REBECCA L JONES
37 2W 10BB
TAX LOT 511
CITY OF CENTRAL POINT
37 2W 10BB
TAX LOT 800
PROPOSED CHANNEL CENTERLINE PROFILE
1260'
1270'
1280'
1260'
1270'
1280'
1150 LF 1200 LF 1300 LF 1380 LFCROSS SECTION1165CROSS SECTION1188CROSS SECTION1222CROSS SECTION1258CROSS SECTION1312CROSS SECTION1331CROSS SECTION1339CROSS SECTION1361CROSS SECTION1375PROPOSED CHANNEL CENTERLINE
CURVE/TANGENT
C4
L3
C3
L2
C2
C1
L1
STATION
11+65.00
11+87.94
12+34.87
12+58.06
13+12.00
13+38.90
13+61.26
LENGTH
22.938
46.936
23.187
53.937
26.903
22.356
14.032
CORD LENGTH
22.63
22.86
26.01
21.62
RADIUS
40.000
40.000
30.000
25.000
BEGINNING COORD.
227043.89, 272919.67
227022.19, 272913.27
226982.76, 272887.81
226960.81, 272881.41
226906.88, 272881.75
226883.51, 272893.17
226864.10, 272902.69
ENDING COORD.
227022.19, 272913.27
226982.76, 272887.81
226960.81, 272881.41
226906.88, 272881.75
226883.51, 272893.17
226864.10, 272902.69
226850.07, 272902.81
JLCDCNFeb 17, 2022Feb 17, 2022CPT1015-093HORN-P-WATERP.DWGSHOWN
W01 03 04
DWG NO.:DATEDESCRIPTIONREVISIONSBYREVIEWENGINEER:SAVE DATE:REVIEWED:PLOT DATE:CLIENT:FILENAME:SHEET NO.:JOB NO.:NO.0"1"2"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 2"
SCALE:HORN CREEK IMPROVEMENTS PLANAND PROFILE STA. 1165 THROUGH 1375PLAN VIEW CITY OF CENTRAL POINTHORN CREEK CHANNEL IMPROVEMENTSPRELIMINARY
16670PE
OREGON
EXPIRES:12/31/2022D A V I D C. N I C H O L SREGIST E R E D PROFES
S
IONALEN G I NEE
RJ
U
LY 20 , 1 9 93CENTRAL POINTNOTE: PROFILE DISTANCE IS BASED ON THE CENTERLINE OF THE PROPOSED CHANNEL.
EXISTING ELEVATION ALONG
CENTERLINE OF PROPOSED CHANNEL
EXISTING TOP ELEVATION ON EAST
SIDE OF PROPOSED CHANNEL
EXISTING TOP ELEVATION ON WEST
SIDE OF PROPOSED CHANNEL
9.A.a
Packet Pg. 52 Attachment: Horn Creek affected property owners (1515 : Horn Creek Culvert discussion)
DONNA WAYHIGH FLOWBYPASS CHANNELHORN CREEKHORN CREEKFILL EXISTING 48" CMP CULVERT WITH
BLOWN IN PEA GRAVEL OR SAND, PLUG
ENDS WITH CONTROLLED LOW-STRENGTH
MATERIAL AND ABANDON IN PLACE
ALTERNATIVE 2: CONVERT BYPASS CHANNEL TO STREAMBED
ALTERNATIVE 2 INVOLVES MODIFICATIONS TO THE EXISTING HORN CREEK HIGH FLOW BYPASS CHANNEL TO CONVERT IT BACK INTO
THE MAIN CHANNEL, AND ABANDMENT THE EXISTING 48" CORRUGATED METAL PIPE CULVERT IN-PLACE.
WORK IS ANTICIPATED TO INCLUDE CLEARING AND GRUBBING WITHIN THE EXISTING STREAMBED AND BYPASS CHANNEL, REMOVAL
AND DISPOSAL OF THE EXISTING CONCRETE OVERFLOW WEIR; EXCAVATION AND PLACEMENT OF FILL TO MODIFY APPROXIMATELY 140'
OF THE EXISTING HORN CREEK STREAMBED WITH BANKS AT 2:1 SIDE SLOPES (SLOPE ASSUMED); RIP-RAP INSTALLATION; NATIVE
PLANTINGS; AND STABILIZATION OF THE EXISTING STRUCTURE SUPPORTING IRRIGATION PIPES AT THE NORTH END OF THE SITE.
ESTIMATED PROJECT COST: $60,000
ALTERNATIVE SUMMARY
REMOVE EXISTING
CONCRETE OVERFLOW WEIR
BACKFILL AREA WITH NATIVE MATERIAL AND
INSTALL RIPRAP SLOPE PROTECTION
CLEAR AND GRUB EXISTING HIGH
FLOW BYPASS CHANNEL, GRADE
CHANNEL, AND STABILIZE SLOPES
WITH NATIVE PLANTINGS,
APPROXIMATELY 3,300 SQUARE FEET
CONVERT BYPASS CHANNEL TO STREAMBED
BACKFILL AND STABILIZE SLOPES
WITH NATIVE PLANTINGS
GENERAL NOTES
1.OBJECTS, FEATURES, LINEWORK, AND DIMENSIONS SHOWN
ARE CONCEPTUAL DESIGN LEVEL ONLY.
2.EXISTING INFORMATION SHOWN IS BASED ON A TOPOGRAPHIC
SURVEY BY PARIANI LAND SURVEYING, DATED 03/06/2020
EXISTING IRRIGATION PIPE AND
PIPE SUPPORT STRUCTURES TO
REMAIN AND BE PROTECTED
DURING CONSTRUCTION
INSTALL CONTROLLED LOW STRENGTH
MATERIAL UNDER EXISTING CONCRETE
SUPPORT FOOTINGS
4'
CENTRAL
POINT
211 DONNA WAY CULVERT REPLACEMENT
SLOPE
2H:1V
SLOPE
2H:1V
SLO
P
E
2H:1
V
SLO
P
E
2H:1
V SLOPE2H:1V9.A.b
Packet Pg. 53 Attachment: DONNA WAY CULVERT REPLACEMENT 20200406 (1515 : Horn Creek Culvert discussion)
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: March 10, 2022
SUBJECT: Elk Creek Culvert Replacement Update
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
Following the September 2020 wildfire, the culvert at Elk Creek near its confluence with Bear
Creek was substantially damaged. With the damage to the structure and the surrounding
habitat, the creek now partially flows under the culvert, limited fish passage and weakening the
structural integrity of the entire structure.
The City hired RH2 engineering to prepare a plan to submit to FEMA for wildfire replacement
funds. FEMA approved the initial plan to cost around $180,000. After a review by FEMA
Region 10, Seattle, it was determined that additional hydraulic analysis was needed. RH2 hired
Joe Howard of Cascade Creek Solutions to prepare the analysis, with the following changes.
Realignment of Elk Creek: Mr. Howard recommends the realignment to eliminate the 90-
degree bend immediately upstream of the existing culverts, which is necessary to prevent scour
and possible undercutting/erosion and siltation issues in and around that area. The realignment
is planned to include installing gravel streambed material (likely procured from onsite) and
installing root wads to improve aquatic habitat and prevent erosion along the banks.
Lowering of the Existing Berm: At some unknown time in the past, the berm between Elk
Creek and Bear Creek was constructed of local river run material. This berm constricts the Bear
Creek floodway, and its removal would lower and re-open the floodway to more natural
conditions and restore this section of the roadway/walking path that was burned.
Bear Creek Dam Remnants Removal and Boulder Installation: Removal of the concrete
dam remnants will eliminate human-placed objects within Bear Creek. Bank stabilization and
fish habitat will be improved by installing root wads on the banks and boulders within the steam.
As previously mentioned, ODFW will require boulders to be placed in-stream if this scenario is
implemented. The estimated construction cost item was broken out for this item as the City and
the design team have acknowledged that there is no direct and strong nexus between Almeda
Fire damage and these improvements other than stabilizing banks that were previously
stabilized by vegetation which was incinerated.
9.B
Packet Pg. 54
FINANCIAL ANALYSIS:
The estimated additional cost for these improvements is approximately $33,800.
Attached is a copy of the latest correspondence with FEMA and the plans and estimates. FEMA
would potentially pay for 85% of the project, which would be constructed in the summer of 2023.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Responsible Governance
GOAL 6 - Prepare as a resilient city with the capabilities required across the whole community
to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that
pose the greatest risk.
STAFF RECOMMENDATION: No recommendation, discussion only.
RECOMMENDED MOTION: No recommendation, discussion only.
ATTACHMENTS:
1. Ltr FEMA G Bow Request for Scope Expansion 20220223
9.B
Packet Pg. 55
RH2 ENGINEERING
Medford
3553 Arrowhead Drive, Suite 200
Medford, OR 97504
1.800.720.8052 / rh2.com
02/23/22 4:51 PM
J:\DATA\CPT\1015-093\36 - TASK AUTHORIZATION 21 CPT-ELK CREEK CULV REPLACEMENT\06 AGENCY\FEMA CORRESPONDENCE\LTR FEMA G BOW REQUEST FOR SCOPE EXPANSION
20220223.DOCX
WASHINGTON
LOCATIONS
Bellingham
Bothell (Corporate)
East Wenatchee
Issaquah
Richland
Tacoma
OREGON
LOCATIONS
Medford
Portland
IDAHO
LOCATIONS
Meridian
February 23, 2022
Ms. Gaye Bow
Federal Emergency Management Agency
Program Delivery Task Force Leader
DR-4562-OR PA
Gaye.bow@associates.fema.dhs.gov
Ph. 425-286-3149
Sent via: Email
Subject: DR4562 City of Central Point Project #183913
Elk Creek Culvert Upgrade to Bridge Structure
Dear Ms. Bow:
The purpose of this letter is to request, on behalf of the City of Central Point, FEMA fund
an expanded scope of work for construction of the Elk Creek Culvert Replacement
Project. As you and I previously discussed by phone, RH2 Engineering, Inc., (RH2), is
proposing to expand the project footprint to address a greater portion of the burned
area upstream of the destroyed culvert in Elk Creek to improve hydraulic function and
slow erosion due to damage caused by the Almeda Fire.
The attached figures represent the changes in the scope of work, and associated
engineer’s opinion of probable costs (EOPCs).
Figure 1 shows the originally proposed culvert replacement, which included removal of
the two (2) existing 48-inch CMP culverts. Installation of a 14-foot-wide concrete
culvert, with minimal gravel road and streambed restoration in the vicinity of the new
culvert only. The original RH2 EOPC dated July 26, 2021 is included.
Figure 2 shows the expanded scope with the proposed 14-foot-wide concrete culvert
oriented approximately 45 degrees to Bear Creek. Re-alignment of Elk Creek for
approximately 300 feet upstream with root wads installed. Lowering of the existing
manmade berm between Elk Creek and Bear Creek for approximately 500 feet. Removal
of an old defunct concrete irrigation dam which lies in pieces within Bear Creek along
with installation of boulders that will be required by the Oregon Department of Fish and
Wildlife (ODFW) for work within Bear Creek. As well as installation of root wads along
both banks of Bear Creek for habitat enhancement and bank stabilization. The included
fourth sheet is the updated EOPC dated February 23, 2022 for the expanded work.
9.B.a
Packet Pg. 56 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
02/23/22 4:51 PM
J:\DATA\CPT\1015-093\36 - TASK AUTHORIZATION 21 CPT-ELK CREEK CULV REPLACEMENT\06 AGENCY\FEMA CORRESPONDENCE\LTR FEMA G BOW REQUEST FOR SCOPE EXPANSION
20220223.DOCX
MS. GAYE BOW
February 23, 2022
Page 2
Coloration within this spreadsheet indicates cost changes as follows:
Dark blue indicates added line items.
Light blue indicates increased line items.
Orange/salmon with strikethrough text indicates removed items.
The difference between the updated EOPC and original EOPC is calculated on the right side, showing
exact changes and updated costs.
Mr. Joey Howard with Cascade Stream Solutions, LLC, the project’s hydraulic engineer, recommended
the requested changes. The project team met with the City to discuss this enhanced scope of work,
which is modified as follows:
Realignment of Elk Creek: Mr. Howard is recommending the realignment to eliminate the 90-degree
bend immediately upstream of the existing culverts, which is necessary to prevent scour and possible
undercutting/erosion and siltation issues in and around that area. The realignment is planned to include
installation of gravel streambed material (likely procured from onsite), as well as the installation of root
wads to improve aquatic habitat as well as preventing erosion along the banks.
Lowering of the Existing Berm: At some unknown time in the past, the berm between Elk Creek and
Bear Creek was constructed of local river run material. This berm constricts the Bear Creek floodway,
and its removal would lower and re-open the floodway to more natural conditions, as well as restore
this section of the roadway/walking path that was burned.
Bear Creek Dam Remnants Removal and Boulder Installation: Removal of the concrete dam remnants
will eliminate human-placed objects within Bear Creek, and bank stabilization and fish habitat will be
improved through installation of root wads on the banks and boulders within the steam. As previously
mentioned, ODFW will require boulders be placed in-stream if this scenario is implemented. The
estimated construction cost item was broken out for this item as the City and the design team have
acknowledged that there is not a direct and strong nexus between Almeda Fire damage and these
improvements other than stabilizing banks which were previously stabilized by vegetation which was
incinerated.
The estimated additional cost for these improvements is approximately $33,800.
9.B.a
Packet Pg. 57 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
02/23/22 4:51 PM
J:\DATA\CPT\1015-093\36 - TASK AUTHORIZATION 21 CPT-ELK CREEK CULV REPLACEMENT\06 AGENCY\FEMA CORRESPONDENCE\LTR FEMA G BOW REQUEST FOR SCOPE EXPANSION
20220223.DOCX
MS. GAYE BOW
February 23, 2022
Page 3
It is hoped that FEMA will consider funding this project with the enhanced and expanded scope to
restore Elk Creek in the wake of the Almeda Fire.
If you have any questions, please do not hesitate to contact me any time, and if you would like to set up
a meeting with the City and the design team to discuss, we can assist with that as well. My phone
number is C: 425.471.8625 and my email address is tduncan@rh2.com.
Thank you for your consideration of expanding this project.
Sincerely,
Tyler M. Duncan, PE
Project Engineer
TMD/DL
Enclosures or Attachments:
Figure 1 – Originally Proposed Scope of Work
Attachment 1 - Engineer’s Opinion of Probable Costs Dated 7/26/2021
Figure 2 – Expanded Scope of Work
Attachment 2 - Engineer’s Opinion of Probable Costs Dated 2/23/22
9.B.a
Packet Pg. 58 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
PRELIMINARY REVIEWDRAWINGSCITY OF CENTRAL POINTELK CREEK CULVERT REPLACEMENT7MD-A%)HE )HE &P7 %&GP)IG8RES )2R )EMADWGAS S+2WN
)IG
DWG NO.:DATEDESCRIPTIONREVISIONSBYREVIEWENGINEER:SAVE DATE:REVIEWED:PLOT DATE:CLIENT:FILENAME:SHEET NO.:JOB NO.:NO.0"1"2"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 2"
S&ALE ORIGINALLY PROPOSEDSCOPE OF WORK&EN7RAL P2IN791486OREGONEXPIRES:12/31/20237YLER MAR.8S D8 N &ANREGIS7 E RED PR2)ESSI2NALENGINEERSEP7 PRELIMINARY
PLAN VIEW
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Packet Pg. 59 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
Bear Creek Burn Area Rehabilitation AGENCY
Elk Creek Culvert Replacement City of Central Point
KIND OF WORK
Culvert Replacement
200 TEMPORARY FEATURES AND APPURTENANCES
10 210 MOBILIZATION LS 1 $22,000.00 $22,000.00
20 225 TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETE LS 1 $4,500.00 $4,500.00
30 280 EROSION AND SEDIMENT CONTROL LS 1 $1,800.00 $1,800.00
300 ROADWORK
40 305 CONSTRUCTION SURVEY WORK LS 1 $2,000.00 $2,000.00
50 310 REMOVAL OF STRUCTURES AND OBSTRUCTIONS LS 1 $5,000.00 $5,000.00
60 350 SUBGRADE GEOTEXTILE SY 50 $4.00 $200.00
70 390 LOOSE RIPRAP, CLASS 100 CY 17 $100.00 $1,700.00
500 BRIDGES
80 510 SHORING, CRIBBING AND COFFERDAMS LS 1 $8,000.00 $8,000.00
90 510 STRUCTURE EXCAVATION CY 156 $25.00 $3,900.00
100 510 GRANULAR WALL/STRUCTURE BACKFILL CY 65 $30.00 $1,950.00
110 595 REINFORCED CONCRETE BOX CULVERTS LF 14 $3,500.00 $49,000.00
600 BASES
120 641 BASE AGGREGATE CY 11 $30.00 $330.00
130 641 RIVER RUN COBBLES CY 7 $40.00 $280.00
800 PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES
140 810 GUARDRAIL, TYPE 1 LF 40 $35.00 $1,400.00
150 810 GUARDRAIL END PIECES, TYPE B EA 4 $150.00 $600.00
160 810 EXTRA FOR WOODEN HANDRAIL LF 40 $15.00 $600.00
1000 RIGHT OF WAY DEVELOPMENT AND CONTROL
170 1030 PERMANENT SEEDING AND PLANTING LS 1 $1,500.00 $1,500.00
SUBTOTAL:$104,760.00
ENGINEERING AND PERMITTING $86,921.00
25% CONTINGENCY $26,190.00
PROJECT TOTAL $218,000.00
TOTAL
ENGINEER'S OPINION OF PROBABLE COST
Probable Cost
DATE
7/26/21
ITEM # SPEC #ITEM DESCRIPTION UNIT QUANTITY UNIT COST
1 of 1 2/17/2022
9.B.a
Packet Pg. 60 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
PRELIMINARY REVIEWDRAWINGSCITY OF CENTRAL POINTELK CREEK CULVERT REPLACEMENT7MD-A%)HE )HE &P7 %&GP)IG8RES )2R )EMADWGAS S+2WN
)IG
DWG NO.:DATEDESCRIPTIONREVISIONSBYREVIEWENGINEER:SAVE DATE:REVIEWED:PLOT DATE:CLIENT:FILENAME:SHEET NO.:JOB NO.:NO.0"1"2"
DRAWING IS FULL SCALE WHEN
BAR MEASURES 2"
S&ALE EXPANDEDSCOPE OF WORK&EN7RAL P2IN791486OREGONEXPIRES:12/31/20237YLER MAR.8S D8 N &ANREGIS7 E RED PR2)ESSI2NALENGINEERSEP7 PRELIMINARY
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9.B.a
Packet Pg. 61 Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert Replacement Update)
Bear Creek Burn Area Rehabilitation AGENCYElk Creek Culvert ReplacementCity of Central PointKIND OF WORKCulvert Replacement and Stream Restoration200 TEMPORARY FEATURES AND APPURTENANCESPrevious Est Change10 210MOBILIZATIONLS1 $40,000.00 $40,000.00$22,000.00$18,000.0020 225TEMPORARY WORK ZONE TRAFFIC CONTROL, COMPLETELS1 $4,500.00 $4,500.00$4,500.00$0.0030 280EROSION AND SEDIMENT CONTROLLS1 $2,500.00 $2,500.00$1,800.00$700.00300ROADWORK40 305CONSTRUCTION SURVEY WORKLS1 $5,000.00 $5,000.00$2,000.00$3,000.0050 310REMOVAL OF STRUCTURES AND OBSTRUCTIONSLS1 $10,000.00 $10,000.00$5,000.00$5,000.0060 320CLEARING AND GRUBBINGLS1 $8,000.00 $8,000.00$0.00$8,000.0070 330GENERAL EXCAVATION - CHANNEL EXCAVATION (Approx 1650 CY)LS1 $25,000.00 $25,000.00$0.00$25,000.0080 330GENERAL EXCAVATION - BERM/ROAD EXCAVATION (Approx 1450 CY)LS1 $20,000.00 $20,000.00$0.00$20,000.0090 350SUBGRADE GEOTEXTILESY600 $4.00 $2,400.00$200.00$2,200.0070390LOOSE RIPRAP, CLASS 100CY17$100.00$0.00$1,700.00-$1,700.00500 BRIDGES100 510SHORING, CRIBBING AND COFFERDAMSLS1 $18,000.00 $18,000.00$8,000.00$10,000.00110 510STRUCTURE EXCAVATIONLS1 $3,900.00 $3,900.00$3,900.00$0.00120 510GRANULAR WALL/STRUCTURE BACKFILLCY65 $30.00 $1,950.00$1,950.00$0.00130 595REINFORCED CONCRETE BOX CULVERTSLF14 $3,500.00 $49,000.00$49,000.00$0.00600 BASES140 641BASE AGGREGATECY100 $30.00 $3,000.00$330.00$2,670.00150 641RIVER RUN COBBLESCY35 $40.00 $1,400.00$280.00$1,120.00800 PERMANENT TRAFFIC SAFETY AND GUIDANCE DEVICES160 810GUARDRAIL, TYPE 1LF40 $35.00 $1,400.00$1,400.00$0.00170 810GUARDRAIL END PIECES, TYPE BEA4 $150.00 $600.00$600.00$0.00180 810EXTRA FOR WOODEN HANDRAILLF40 $15.00 $600.00$600.00$0.001000 RIGHT OF WAY DEVELOPMENT AND CONTROL190 1030PERMANENT SEEDING AND PLANTINGLS1 $12,000.00 $12,000.00$1,500.00$10,500.00200 1091STREAMBED DEVELOPMENT - ROOTWADSEA30 $1,500.00 $45,000.00$0.00$45,000.00210 1091STREAMBED DEVELOPMENT - BOULDERSTON40 $320.00 $12,800.00$0.00$12,800.00220 1091STREAMBED DEVELOPMENT - IMPORTED STREAMBED MATERIAL TON100 $220.00 $22,000.00$0.00 $22,000.00SUBTOTAL: $289,050.00$104,760.00$184,290.00ENGINEERING AND PERMITTING $86,921.00$86,921.00$0.00 25% 10% CONTINGENCY $28,905.00$26,190.00$2,715.00PROJECT TOTAL $405,000.00$218,000.00$187,000.00TOTALITEM # SPEC #ITEM DESCRIPTIONUNIT QUANTITY UNIT COSTChange for work in Bear Creek$33,800.00ENGINEER'S OPINION OF PROBABLE COSTProbable CostDATE2/23/221 of 12/23/20229.B.aPacket Pg. 62Attachment: Ltr FEMA G Bow Request for Scope Expansion 20220223 (1516 : Elk Creek Culvert
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: March 10, 2022
SUBJECT: Regional Water Rights IGA
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
In early 2020, Medford Water Commission and the Cities of Talent, Ashland, Phoenix, Eagle
Point, Central Point and Jacksonville (Partner Cities) completed a joint water rights strategy
related to the water rights authorizing diversion at Medford Water’s Duff Water Treatment Plant
(WTP) on the Rogue River. The water rights strategy included a proposed approach to ensure
orderly certification of the water rights at the Duff WTP; it also included a proposed plan for
sharing water supply to meet combined short-term (Phase 1) and long-term (Phase 2) water
supply needs. An intergovernmental agreement (IGA) to implement Phase 1 has been
developed, and the City Manager is looking for discussion on proceeding towards final adoption
of the IGA
The results of the water rights strategy process were presented to the City Council during
several meetings in 2020-2021. The Medford Water Commission Board provided General
Manager, Brad Taylor, to work with “other cities” partners to develop the proposed IGA under
certain guiding principles. These principals included the following:
1. Medford Water would be (and receive compensation for being) the Managing Agency for
the Partners, but will not have a fiduciary responsibility to the other Partners.
2. The agreement must be consistent with the City of Medford’s January 1, 1999 City
Charter.
3. The agreement must ensure that Medford Water retains control of its water rights, the
Duff WTP, and related infrastructure.
4. The agreement should relate only to water rights associated with the Duff WTP (and not
to the Big Butte Creek water rights).
5. The Phase 1 IGA would provide for water sharing among the Partner Cities, and would
seek commitments to develop a Phase 2 agreement. Medford Water would not,
however, be bound to enter into a Phase 2 agreement.
6. Medford Water could withdraw from the sharing agreement.
Over the past 2 years, Medford Water has met monthly with representatives of the Partner
Cities to develop an IGA to implement Phase 1 of a water sharing agreement. The Partners
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have developed a draft IGA that provides for orderly certification of the water rights at the Duff
WTP, and a mechanism by which the Partner Cities would share water supply under their water
rights and Medford Water would function as the Managing Agency. The IGA provides that the
Partner City water sharing agreement would begin October 1, 2022, but a “dry run” is planned
for May through September 2022. The IGA would renew every 5 years, consistent with the term
of existing water supply agreements.
The draft IGA meets the guiding principles provided by the MWC Board. Medford Water will be
the Managing Agency and costs associated with these functions will be passed to the cities
through costs of service and associated water rates. The draft IGA pertains to only the water
rights associated with the Duff WTP, and expressly states that Medford Water (and all other
partners) retain ownership of their water rights and Medford Water retains ownership of the Duff
WTP and related infrastructure. The agreement provides for water sharing among the Partner
Cities, and includes a mechanism for Partners to withdraw from the sharing agreement. The
IGA recognizes that the water rights strategy recommended a second phase, but provides that
entering into the Phase 1 agreement does not bind a party to enter into a Phase 2 agreement.
The draft IGA has been reviewed by legal counsel of the Medford Water Commission and
Partner Cities. The draft IGA is included in packet for review by the Council and public. The IGA
is intended to be supplemental to the Treat and Transport and wholesale water agreements that
already exist between Medford Water and the partner cities.
FINANCIAL ANALYSIS:
City of Central Point’s financial obligations under the proposed IGA are described in section VII.
Additionally, costs associated with Medford Water’s management of the program will be
included in partner cities’ rates.
LEGAL ANALYSIS:
As described above, legal counsel from various partner agencies have been involved
throughout the IGA development process.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Community Engagement
Goal 1: Strategy 3
Communicate, collaborate, and partner with other governmental agencies, public and private
enterprises to pool and/or leverage resources to achieve optimal outcomes for the community.
STAFF RECOMMENDATION:
Staff is recommending discussion, public comment and direction.
RECOMMENDED MOTION:
Not applicable at this time.
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ATTACHMENTS:
1. Water IGA - Cooperative Agreement - Supplemental Information
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INTERGOVERNMENTAL AGREEMENT FOR
A COORDINATED WATER RIGHTS MANAGEMENT AND WATER SHARING PLAN
I. Parties
This Intergovernmental Agreement (IGA) is between the Medford Water Commission
(MEDFORD WATER) and the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent, hereinafter PARTNERS when referred to collectively,
and MEDFORD WATER, ASHLAND, CENTRAL POINT, EAGLE POINT,
JACKSONVILLE, PHOENIX, and TALENT when referred to individually, and
PARTNER CITIES when referring to ASHLAND, CENTRAL POINT, EAGLE POINT,
JACKSONVILLE, PHOENIX, and TALENT.
II. Recitals
A. The PARTNERS all own and operate water systems that supply water to their respective
customers;
B. The PARTNERS recognize the vital importance of providing a reliable source of water to
all their respective customers for public health, safety, and welfare and for sustaining
economic development;
C. The PARTNERS have invested in and each hold water right(s) that are diverted and
treated at the Duff Water Treatment Plant (WTP) located on the Rogue River, and
understand the importance of strategically managing those water rights;
D. The Duff WTP, owned by MEDFORD WATER, provides treated water to the
PARTNERS and is a critical regional water supply facility.
E. The PARTNER CITIES receive water treated at the Duff WTP under Treat and Transport
contracts with MEDFORD WATER. These contracts include rates of water that the
PARTNER CITIES can receive from the MEDFORD WATER’s water supply system
during identified time periods.
F. The PARTNERS value the important role each utility plays in meeting the water supply
needs of the Rogue Valley Region;
G. The PARTNERS entered into a cooperative agreement for developing a water rights
strategy in 2019, which resulted in development of a Final Report entitled WATER
RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS (February 2020). The
cooperative agreement and report executive summary are included in Attachment 1;
H. The WATER RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS
recommends Phase I of the Coordinated Water Rights Management and Sharing Plan,
which includes a coordinated water rights certification strategy for water rights diverted
at the Duff WTP and a PARTNER CITIES water sharing framework;
I. The WATER RIGHTS STRATEGY FOR PARTNER WATER PROVIDERS
recommends a Phase II of the Coordinated Water Rights Management and Sharing Plan
to continue the water rights certification strategy for water rights diverted at the Duff
WTP and a PARTNER CITIES and MEDFORD WATER water sharing framework. A
separate IGA will need to be developed and approved for Phase II;
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J. The PARTNERS recognize that this IGA is related to Phase I of the Coordinated Water
Rights Management and Sharing Plan; and
K. The PARTNERS enter this agreement in a spirit of good will and mutual cooperation,
understanding that entering this IGA for Phase I of a Cooperative Water Rights
Management and Water Sharing Plan is intended to improve the current and long-term
reliability of individual and collective water supplies and is in the highest public interest.
III. Scope and Purpose
To develop, refine and implement Phase I of a Coordinated Water Rights Management
and Water Sharing Plan that includes a coordinated water rights certification strategy for
water rights diverted at the Duff WTP and a PARTNER CITIES water sharing
framework. This IGA does not address Phase II of a Coordinated Water Rights
Management and Water Sharing Plan, which would be established in a separate IGA.
Being a signatory to this IGA does not require a PARTNER to become a signatory to an
IGA developed for Phase II.
IV. Retention of Asset Ownership
A. Each Partner will retain ownership of its water right(s). Nothing in this IGA will have
the effect of conveying a water right to any other entity.
B. MEDFORD WATER will retain ownership of the Duff WTP, the associated intake on the
Rogue River, and all related infrastructure. Nothing in this IGA will have the effect of
conveying any of MEDFORD WATER’s water system to any other entity.
V. Water Right Certification Coordination
A. The PARTNERS developed a strategy for managing the timing of certification of their
existing water use permits and transfers, which is described in the Water Rights
Certification Strategy Table provided in Attachment 2. The table identifies the water
rights that have been or can be certificated at the current Duff WTP capacity (70 cfs), and
the permits and transfers to be certificated at each subsequent WTP capacity (100 cfs,
131 cfs, 162 cfs and 193 cfs). Except as provided in subsection D of this section, only
the portion of the Water Rights Certification Strategy Table for the Duff WTP’s existing
capacity of 70 cfs is applicable to this IGA for Phase I of the Water Rights Management
and Water Sharing Plan.
B. The PARTNERS agree to submit claims of beneficial use (COBUs) and requests for
water right certificates to the Oregon Water Resources Department (OWRD) only at
times consistent with the portion of the Water Rights Certification Strategy Table for the
Duff WTP’s existing capacity of 70 cfs, except as provided in subsection D of this
section.
C. At least 14 days prior to submitting a COBU and request for water right certificate to
OWRD, PARTNERS agree to provide the Managing Agency with written notice of their
intention to file a COBU.
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D. The Water Rights Certification Strategy Table will be reviewed by the PARTNERS
annually as described in Section VIII, and will be updated to reflect the issuance of water
right certificates consistent with Water Rights Certification Strategy.
E. Each PARTNER will continue to be responsible for maintaining its own water rights,
which will include but is not limited to filing water use reports with OWRD, developing
claims of beneficial use and requesting water right certificates, and developing water
management and conservation plans.
VI. Water Sharing
A. Consistent with the PARTNER CITIES’ contracts with MEDFORD WATER, each
PARTNER CITY will use water under its individual water rights beginning May 1 of
each year and ending September 30 of each year.
B. By November 15 of each year, MEDFORD WATER will calculate the total volume of
water used by each PARTNER CITY during the period of May 1 through September 30
based on meter readings for each city, referred to as each city’s “Annual Metered
Volume.” The meters used to determine each PARTNER CITY’S “Annual Metered
Volume” are listed in Attachment 3.
1. The owner of each meter will ensure its meter(s) are calibrated to manufacturer
standards.
2. If a meter breaks or malfunctions the PARTNERS will use the best practicable
information available to estimate water use.
C. MEDFORD WATER will compare each PARTNER CITY’S Annual Metered Volume to
the total volume of water authorized by each PARTNER CITY’S water rights (referred to
as each PARTNER CITY’S “Total Authorized Water Volume”)
as shown in Attachment 4.
D. If a PARTNER CITY’S Annual Metered Volume exceeds its Authorized Water Volume,
as provided in VI. C., MEDFORD WATER will subtract the Authorized Water Volume
from the Annual Metered Volume to obtain that PARTNER CITY’S “Volume of Excess
Use” for the year.
E. If a PARTNER CITY’S Annual Metered Volume is less than that city’s Authorized
Water Volume, as provided in VI. C., MEDFORD WATER will subtract the Annual
Metered Volume from the Authorized Water Volume to obtain that PARTNER CITY’S
“Excess Water Right Volume” for the year.
F. For each PARTNER CITY with a Volume of Excess Use, MEDFORD WATER will
allocate the Volume of Excess Use equally among all PARTNER CITIES with an Excess
Water Right Volume for that year. MEDFORD WATER will allocate the Volume of
Excess Use equally up to, but not in excess of, the PARTNER CITIES’ Authorized Water
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Volumes. If equal allocation of a PARTNER CITY’S Volume of Excess Use would
exceed one or more PARTNER CITY’S Authorized Water Volume, the Volume of
Excess Use will be allocated equally among the PARTNER CITIES in the amount of the
smallest Excess Water Right Volume. The remaining Volume of Excess Use will then be
allocated equally among the remaining PARTNER CITIES with Excess Water Right
Volume. This process will be repeated until the PARTNER CITY’S entire Volume of
Excess Use has been allocated to other PARTNER CITIES. Attachment 5 provides an
example of the intended process.
G. Any PARTNER CITY with a Volume of Excess Use will provide compensation to
PARTNER CITIES with Excess Water Right Volume according to the volume of water
allocated to that PARTNER CITY, and the Method of Cost Allocation provided in
Section VII.
VII. Method of Cost Allocation
A. By March 1 of each year, each PARTNER CITY will provide to MEDFORD WATER a
copy of any Statement of Account or other invoices from the U.S. Army Corps of
Engineers, or annual assessment from the Medford Irrigation District and/or Rogue River
Irrigation District the PARTNER CITY received in the previous year related to their
water rights associated with the Duff Water Treatment Plant as described in Attachment
2.
B. Based on the information provided in subsection A., MEDFORD WATER will calculate
the following total annual costs. An example of the calculations is provided in
Attachment 6.
1. The Total Annual Operation and Maintenance (O&M) Costs for storage space
for Lost Creek Reservoir will be calculated by adding together the annual
O&M costs for Ashland, Jacksonville, Phoenix, and Talent. This cost is
associated with 3,892 AF of storage space in the reservoir, as shown in Table 1
of Attachment 6;
2. The Total Annual Repair Replacement and Rehabilitation (RR&R) Costs for
storage space for Lost Creek Reservoir will be calculated by adding together
any annual RR&R costs for Ashland, Jacksonville, Phoenix, and Talent. This
cost is associated with the 3,892 AF of storage space, as shown in Table 2 of
Attachment 6.
3. The 5-year Rolling Average RR&R Cost for storage space for Lost Creek
Reservoir will be calculated by adding together the Total Annual RR&R Costs
for the preceding five years and dividing by 5. This calculation is shown in
Table 3 in Attachment 6.
4. The Total Annual Assessment Costs will be calculated by adding together the
annual costs charged to Central Point and Eagle Point by Medford Irrigation
District and Rogue River Irrigation District. This cost is associated with the
3,123.7 AF for which the irrigation districts charge assessments, as shown in
Table 4 of Attachment 6.
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5. The Total Water Volume Associated with the Costs is 7,015.7 AF, which is
calculated by adding 3,892 AF associated with storage space plus 3,123.7 AF
associated with the irrigation districts, as shown in Table 5 of Attachment 6.
C. The Average Annual Cost Per Acre Foot will be calculated as follows.
1. Calculate the Total Annual Cost by adding together the Total Annual O&M
Cost for storage space, the Five-Year Rolling Average RR&R Cost, and the
Total Annual Assessment Cost.
2. Calculate the Annual Average Cost Per Acre Foot by dividing the Total
Annual Cost by the Total Water Volume Associated with the Costs (7,015.7
AF), as shown in Table 5 of Attachment 6.
D. MEDFORD WATER will provide the PARTNER CITIES with the Average Annual Cost
Per Acre Foot by March 30 of each year.
E. Each year after completing the calculations described in Section VI., for each PARTNER
CITY with a Volume of Excess Use, MEDFORD WATER will multiply the Volume of
Excess Use allocated to each PARTNER CITY (determined according to Section VI. D.)
by the Average Annual Cost Per Acre Foot to obtain the “Annual Cost for Excess Use”
owed to each PARTNER CITY.
F. By December 15 of each year, MEDFORD WATER will provide the PARTNER CITIES
an Annual Summary Report of Water Sharing that includes the following information for
the previous May through September:
1. Each PARTNER CITY’S Annual Metered Volume;
2. Each PARTNER CITY’S Authorized Water Volume;
3. Each PARTNER CITY’S Excess Water Right Volume, or Volume of Excess Use
for the year; and
4. For each PARTNER CITY with a Volume of Excess Use, the volume of water
allocated to each PARTNER CITY with an Excess Water Right Volume, and the
associated Annual Cost for Excess Use. An example Annual Summary Report of
Water Sharing is provided in Attachment 7.
G. By January 15 of each year, the PARTNERS will meet to review the Annual Summary
Report of Water Sharing, and will work in good faith to resolve any discrepancies raised
by a PARTNER CITY.
H. By February 15 of each year, each PARTNER CITY with a Volume of Excess Use shall
pay the Annual Cost for Excess Use to other PARTNER CITIES as provided in the
Annual Summary Report of Water Sharing.
VIII. Annual Meeting
A. Medford Water will schedule an annual meeting with the PARTNERS during the month
of April each year at a time and location agreeable to the PARTNERS.
B. Each PARTNER will, to the extent possible, have at least one representative at the annual
meeting.
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C. Agenda items will include, but are not limited to, the following:
1. An explanation of the processes established by this IGA, as necessary.
2. Estimations provided by each PARTNER CITY of the amount of water it expects
to use during the upcoming period of May 1 through September 30.
3. Any available estimations of water supply expected to be available during the
upcoming period of May 1 through September 30.
4. A review of the Water Rights Certification Strategy Table (the current version is
provided in Attachment 2), and a discussion of any updates to the table that are
needed or any plans to certificate a water right included in the table.
5. Coordination of any other activities regarding the Water Rights so that all Partners
are apprised of actions by a Partner that may affect them.
6. Any amendments needed to this IGA. The process for adoption of amendments is
provided in Section XIV.
IX. Designation, Tasks and Powers of Managing Agency
A. Medford Water shall perform the duties of the Managing Agency hereunder including but
not limited to:
1. Coordinating use of the Partners’ Rogue River water rights at the Duff Water
Treatment Plant in accordance with the terms and conditions of this Agreement.
2. Schedule and convene meetings with the Partners in accordance with the terms
of this Agreement and as necessary to meet the requirements of this Agreement,
maintain public records in accordance with the Oregon Public Records Law and
rules, policies and procedures of Medford Water, and provide administrative
support.
3. Provide public communications and outreach, including response to public
information, media or records requests in coordination with the Partner Cities.
4. Retain consultants, attorneys, auditors, accountants and other professional
services to assist the Managing Agency in accordance with Managing Agency
contracting rules.
5. Provide the Partners and their agents with reasonable access to books and records
maintained by the Managing Agency specifically related to administration of this
Agreement.
6. Perform ministerial and administrative tasks to implement this Agreement.
B. The General Manager of Medford Water shall be the person authorized to act for the
Managing Agency, unless the Medford Water Commission specifies otherwise.
X. Governance
A. Each Partner shall appoint a representative, elected or staff member, to receive notices,
attend meetings as called and act as a liaison to the Partner’s governing body. A
Partner’s representative shall serve at the discretion of the Partner’s governing body, or
the City Manager or City Administrator.
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B. The Representatives shall meet in accordance with the terms of this Agreement and as
deemed necessary by the Managing Agency upon reasonable notice to carry out the terms
and conditions of this Agreement.
XI. Failure to Perform/Breach/Remedies
A. If a Partner fails to perform any obligation or term of this Agreement, (Defaulting
Partner) the Managing Agency will notify the Defaulting Partner in writing and request
performance and cure. If the Defaulting Partner cures the default within 30 days of
notice or commences to diligently cure a default within 30 days and completes cure
within a mutually agreed time, then the matter will be deemed resolved.
B. If the default continues after notice and opportunity to cure, the Managing Agency and
the Representative of the Defaulting Partner shall meet within 45 days to discuss and
resolve. Other Partners (Remaining Partners) shall be apprised and may attend.
C. If no satisfactory resolution is reached, the parties agree to mediate any disputes under
ORS Chapter 36.
XII. Termination and Withdrawal
A. A Partner may elect to withdraw from this Agreement (Withdrawing Partner) by
providing written notice to the Managing Agency no later than October 1 of each year. If
timely notice is given, the withdrawal shall be effective on the following May 1.
B. Withdrawal from this Agreement will not affect any pre-existing agreements that may be
operative. Withdrawal shall not relieve the Withdrawing Partner of any outstanding
obligations remaining unpaid.
C. Upon withdrawal, the Managing Agency will cause the Attachments affected by such
Partner’s withdrawal to be revised and adjusted as necessary to remove the Withdrawing
Partner and its water rights, Authorized Water Volumes, and associated costs. The
Managing Agency may create a new Attachment for addition to this Agreement to
account for change in membership if the Managing Agency deems it the most reasonable
method to identify the Partners, and their water rights, Authorized Water Volumes, and
associated costs.
D. This Agreement shall continue after withdrawal of a Partner unless dissolved as provided
in Section XV, below.
XIII. Representations
By execution of this Agreement, each Partner represents to the others that the Agreement
has been approved by the governing body and that the person executing the Agreement
has full authority to do so and the Agreement is binding on the Partner. Further the
designated Representative of the Partner is vested with authority to act on behalf of the
Partner except for those decisions that require specific governing body approval:
amendment and dissolution.
XIV. Amendment
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This Agreement may be amended only by mutual written agreement of all the Partners.
XV. Term, Dissolution and Winding Up
This Agreement shall continue until the remaining Partners mutually agree to terminate
or there is only one Partner remaining.
XVI. Notices
Any notice required to be given shall be sufficient if given electronically, personal
delivery or regular U.S. Mail to the following. A Partner may change the recipient by
written notice to the others.
If to Medford Water: Medford Water
Attn: General Manager
200 S. Ivy St. – Room 177
Medford, Oregon 97501
If to Ashland: City of Ashland
Attn: City Manager
20 East Main Street
Ashland, OR 97520
If to Central Point:
If to Eagle Point:
If to Jacksonville:
If to Phoenix:
If to Talent:
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Attachment 1
Cooperative Agreement and Report Executive Summary
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
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9.C.aPacket Pg. 78Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
1
February 7 , 2020
Executive Summary
Water Rights Strategy for Partner Water Providers
I. Introduction
GSI Water Solutions, Inc. (GSI) is assisting the Partner Water Providers (Partners) to develop a
water rights strategy. The Partners include the Cities of Ashland, Central Point, Eagle Point,
Jacksonville, Phoenix, and Talent (jointly the Partner Cities) and Medford Water Commission
(MWC).1 In early 2019, the Partners signed a Cooperative Agreement to develop the strategy
recognizing the benefits of mutual cooperation and the vital importance of providing source
water to their respective customers for public health, safety and welfare, and for sustaining
economic development.
The water rights strategy focuses on the Partners’ water rights and water supply associated with
the MWC Duff Water Treatment Plant (Duff WTP) on the Rogue River. During the months of
May through September (peak season), much of the MWC’s water supply and all of the Partner
Cities’ water supply is treated at the Duff WTP. During this peak season period, the Partner
Cities currently rely on water rights they have obtained and hold Treat and Transport agreements
with the MWC.
As the Partners plan for their long-term water supply needs, it is important that they have a full
understanding of the status of their water rights and develop a common strategy to protect and
secure them. The water rights strategy is intended to meet those needs.
II. Process
To develop the water rights strategy, GSI initially prepared a comprehensive water rights
summary, which enabled the Partners to develop a shared understanding of the water rights at the
Duff WTP. Next, GSI developed a consolidated water demand projection for each of the
Partners, which included the maximum anticipated demands for the years 2030, 2040 and 2070.
GSI then compared the Partners’ individual and collective demands with their water rights. This
evaluation showed that some of the Partners’ water rights will likely provide them with sufficient
supply past the year 2070, while other Partners’ water rights do not provide sufficient water
supply to meet current demands. The evaluation also showed that if the Partners shared their
water supplies, they would have sufficient supply to meet all of their demands through 2070.
1 MWC’s customers include customers within the City of Medford, White City, Elk City and Charlotte Ann Water Districts, as well as
other customers served by MWC outside of its service area (Outside Customers).
9.C.a
Packet Pg. 79 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
EXECUTIVE SUMMARY - WATER RIGHTS STRATEGY FOR PROJECT PARTNERS GSI WATER SOLUTIONS, INC.
2
III. Goals, Interests and Priorities for Water Rights Strategy
The above-described differences between the Partners’ water rights and projected water demands
demonstrate the value of a strategy related to the Partner water rights at the Duff WTP. The
strategy is intended to meet the following goals, interests, and priorities:
Ensure that the water rights at the Duff WTP are strategically managed.
Secure a long-term water supply for all Partners.
Eliminate the need for Partners to unnecessarily purchase additional water rights.
Retain each Partners’ ownership of its existing water rights and create opportunities to
obtain value for the water rights.
Treat White City, Elk City and Charlotte Ann Water Districts, and other customers
served by MWC outside of its service area (Outside Customers) equitably.
IV. Strategic Management of Partners’ Existing Water Rights
A. Reasons for Developing Coordinated Approach to Water Rights and Water Use
GSI recommends that the Partners consider developing a coordinated approach to managing their
water rights and water supply. This coordination could include not only coordinated
management of the water rights at the Duff WTP, but also creation of an opportunity for the
Partners to share their combined water supplies. Coordination will also be necessary to
strategically secure the 20 existing water rights at the Duff WTP. Additionally, if the Partners
established a combined water supply, it could address the imbalances between water rights and
projected water demands that have been previously described, and eliminate the need for the
purchase of additional water rights to meet their individual needs. Further, establishing a
combined water supply could provide the Partners with some level of supply redundancy; that is,
the arrangement could enable each Partner to obtain water from more than one source of supply.
B. Conceptual Framework for Water Supply Sharing
GSI and the Partners considered multiple approaches to sharing water supply. Based on GSI’s
understanding of the Partners’ goals, interests, and priorities, as well as the Partners’ water
supplies and demands, GSI recommended an approach that provides an opportunity to meet the
Partners’ near-term and long-term goals without jeopardizing any of the Partners’ water rights.
In addition, the Partners would pool their water rights to establish a diverse water rights
portfolio.
Under the recommended option, the Partner Cities and MWC would enter into an
intergovernmental agreement (IGA) to work together on regional water supply. The IGA would
describe how the water rights and water supply would be shared, which would occur in two
phases. Until the Duff WTP capacity was expanded to 100 cfs in approximately 2028, the
Partner Cities and the Outside Customers would share their water supplies. MWC could track
9.C.a
Packet Pg. 80 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
EXECUTIVE SUMMARY - WATER RIGHTS STRATEGY FOR PROJECT PARTNERS GSI WATER SOLUTIONS, INC.
3
each entity’s water use and compare that with the entity’s individual water rights to determine
whether any compensation was required for use of another entity’s water rights. Additionally,
the Partners would follow an agreed-upon strategy to request water right certificates for their
water rights.
In the second phase of this option, the MWC would modify its agreements with the Partner
Cities and Outside Customers and would begin to provide them with surplus water. The water
rights held by the MWC and the Partner Cities would be placed into a regional water supply
pool, which would be managed by the MWC. This would result in the Partners having a diverse
water supply portfolio. The Partner Cities would retain ownership of their water rights, and the
IGA would include a mechanism by which any of the Partner Cities could withdraw from the
group.
The MWC would compensate the Partner Cities for any Operation and Management (O&M)
costs it incurred associated with contracts for stored water that was being used by the Partners.
The MWC would also provide Partner Cities with compensation (based on negotiations between
each Partner City and the MWC) for water rights used by the Partners. The rate the Partner
Cities pay to the MWC would reflect these expenses.
V. Summary of Recommended Option
The option recommended by GSI provides an approach to meeting the Partners’ near-term and
long-term water supply goals without jeopardizing any of the Partners’ collective water rights.
In the near term, the recommended option provides a method for the Partner Cities and MWC on
behalf of the Outside Customers to initiate a shared water supply strategy. It then changes
relatively quickly to reset the relationship with the MWC, which would then provide surplus
water supply to the Partner Cities and Outside Customers. In addition, the Partners would pool
their water rights to establish a diverse water rights portfolio. Finally, this option minimizes
water rights transactions, such as extensions of time for permits and transfers, and decreases the
risks associated with these transactions.
VI. Next Steps
Establishing a water sharing agreement will require completing a series of steps or actions. The
following is a brief summary of some of the actions that will be required:
The Partners’ staff communicate with their councils/boards, and seek approval to develop
a scope of work to develop an IGA.
Staff develop the scope of work for drafting the IGA, and take the scope of work to city
councils/ board for approval.
Staff develop a draft IGA.
Staff take the draft IGA to their city councils/board for review and approval.
9.C.a
Packet Pg. 81 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Attachment 2
Water Rights Certification Strategy Table
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 82 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Water Rights Certification Strategy Table
Action Rate
(cfs)
Development
Deadline
Total Rate in Water Right Certificate Status
(cfs)
Duff WTP - Existing Capacity – 70 cfs
Current Status - Existing Certificates and Pending COBUs
Central Point’s Certificate 93754 1.13 N/A
65.26
Central Point’s Certificate 93755 1.13 N/A
Eagle Point’s Certificate 88552 0.90 N/A
Eagle Point’s Certificate 89864 1.25 N/A
Jacksonville’s Certificate 87360 No rate (400 AF) N/A
MWC’s Certificate 86832 60.85 N/A
Talent’s Certificate 91134 No rate (533 AF) N/A
Central Point’s Transfer T-10465 1.20 10/1/2014 66.46
Eagle Point’s Transfer T-10527 0.50 10/1/2013 66.96
Phoenix’s Permit S-47672 (COBU on hold)* 5.0 10/1/2001 (71.96)
Transactions
Certificate Central Point’s Transfer T-9900 1.846 10/1/2030 68.806
Certificate Eagle Point’s Transfer T-10614 1.15 10/1/2030 69.956
Certificate Ashland’s Permit S-54337* No rate (1,000 AF) 9/7/2021 69.956
Total at this capacity 69.956 cfs
Duff WTP Capacity – 100 cfs in approximately 2028
Certificate Jacksonville’s Permit S-54974* No rate (200 AF) 11/19/2035 69.956 cfs
Certificate Talent’s Permit S-53898* No rate (759 AF) 10/1/2065 69.956 cfs
Certificate Phoenix’s Permit S-47672 5.0 10/1/2001 74.956
Certificate Eagle Point’s Transfer T-10960 1.77 10/1/2030 76.726
Certificate Eagle Point’s Transfer T-12221 0.7 10/1/2030 77.426
Certificate Phoenix’s Permit S-52650 3.1 10/1/2030 80.526
Partially certificate MWC’s Permit S-54935 (estimated rate) 19.474 10/1/2056 100
Total at this capacity 100 cfs
Duff WTP Capacity – 131 cfs in approximately 2036
Partially certificate MWC’s Permit S-23210 31 10/1/2050 131
Total at this capacity 131 cfs
Duff WTP Capacity – 162 cfs (TBD)
Partially certificate remainder of MWC’s Permit S-23210 8.15 10/1/2050 139.15
Partially certificate MWC’s Permit S-54935 (estimated rate) 22.85 10/1/2056 162.0
Extend MWC’s Permit S-54935 as needed 10/1/2056
Total at this capacity 162.0 cfs
Duff WTP Capacity – 193 cfs (TBD)
Certificate remainder of MWC’s Permit S-54935 (estimated rate) 7.676 10/1/2056 169.676
Total at this capacity 169.676 cfs
Notes
* These steps assume that certificating the “volume-only” water rights would not negatively impact the ability to certificate the other Partner water rights, and all elements of seeking a certificate can be met.
AF: acre-feet cfs: cubic feet per second
COBU: claim of beneficial use MWC: Medford Water Commission
9.C.a
Packet Pg. 83 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Attachment 3
Water Meters
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 84 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Water User Meter Description Source of Information Notes:
Central Point BEALL MASTER MWC Data Export
Central Point HOPKINS MWC Data Export
Central Point VILAS MASTER 10"MWC Data Export
Eagle Point AVENUE G NORTH 8"MWC Data Export
Eagle Point AVENUE G SOUTH 6"MWC Data Export
Eagle Point STEVENS & RILEY 4"MWC Data Export
Eagle Point VISTA POINTE #1 MWC Data Export
Eagle Point VISTA POINTE #2 MWC Data Export
Jacksonville MADRONE/OAKGROVE 6"MWC Data Export
Phoenix MWC Garfield St and Kings Avenue Meter MWC Data Export
Phoenix has two connections to the MWC system, one
direct connection at Garfield and Kings and the
connection via TAP. This is the direct connection.
Phoenix TAP
TAP Master Meter on Samike Drive
less Talent Meter
RVCOG Monthly Utility
Billing Data
Phoenix TAP usage is the equal to the total from the
TAP master meter at Samike, less what is measured at
the Talent Meter on the TAP line.
Talent
Talent Meter at intersection Bear
Creek Drive and Main Street in
Phoenix less Ashland usage
RVCOG Monthly Utility
Billing Data
Talent usage is the total of the Talent meter, less
measured Ashland usage.
Ashland Creel Road and Highway 97
RVCOG Monthly Utility
Billing Data
Meters and Information Source Documentation
9.C.a
Packet Pg. 85 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water
Attachment 4
Participating Partner Cities’ Authorized Water Volumes
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 86 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Partner Cities’ Authorized Water Volumes
Water Right
Authorized Water Volume
From Water Right (acre-feet) Calculated from Rate (acre-feet)
Total Authorized
Water Volume
(acre-feet)
Ashland
Permit S-54337 1,000
Total 1,000 1,000
Central Point
Transfer T-9900 666.0
Certificate 93754 412.4
Certificate 93755 412.4
Transfer T-10465 438.0
Total 1,104.0 824.8 1,928.8
Eagle Point
Certificate 88552 321.3
Transfer T-10527 181.5
Transfer T-10614 273.7
Transfer T-10960 520.3
Certificate 89864 356.94
Transfer T-12221 207.2
Total 1,860.94 1,860.94
Jacksonville
Certificate 87360 400.0
Permit S-54974 200.0
Total 600 600
Phoenix
Permit S-47673 400
Permit S-52650 600
Total 1,000 1,000
Talent
Permit S-53898 759.0
Certificate 91134 533.0
Total 1,292 1,292
Partner Cities’
Authorized Water
Volumes
6,856.94 824.8 7,681.74
9.C.a
Packet Pg. 87 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Attachment 5
Example Allocation of Excess Water Use
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 88 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Example Allocation of Excess Water Use:
Four cities hold water rights and use water as follows. Medford Water would calculate
excess water use and unused water rights as shown in the column labeled “difference”
City Water Rights
(AF)
Water Use
(AF)
Difference
(AF)
City A 500 1,490 -990 (excess water use)
City B 1,000 750 250 (unused water rights)
City C 1,500 1,000 500 (unused water rights)
City D 2,000 1,000 1,000 (unused water rights)
Medford Water would calculate the compensation that City A (the only City with excess water
use) would need to provide to Cities B, C and D (who had unused water rights) as follows:
o Total excess use - 990 AF
o Cities B, C, D – each compensated for 250 AF (up to maximum of City B’s water
rights), which accounts for 750 AF
o Remaining excess use - 240 AF
o Cities C and D – each compensated for 120 AF (for a total of 370 AF each)
9.C.a
Packet Pg. 89 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Attachment 6
Example Calculation of Average Annual Cost per Acre-Foot
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 90 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Table 1: Example Calculation of Total Annual O&M Costs for Storage Space (See VII.B.1. in IGA)
Name Application Permit Contracted Storage
Space (AF)
Total O&M Cost
(2020)
Ashland S-85733 S-54377 1000 $9,653.00
Jacksonville S-80641 S-53445 400 $14,479.50
Jacksonville S-88088 S-54974 200 $9,653.00
Phoenix S-60890 S-47672 400 $24,132.50
Phoenix S-71996 S-52650 600 $31,179.19
Talent S-84029 S-53898 759 $4,826.50
Totals 3,892 $93,923.69
Table 2: Example Calculation of Total RR&R Costs for Storage Space (See VII.B.2. in IGA)
Name Application Permit Contracted Storage
Space (AF)
Total RR&R Cost
(2020)
Ashland S-85733 S-54377 1000 $0
Jacksonville S-80641 S-53445 400 $0
Jacksonville S-88088 S-54974 200 $0
Phoenix S-60890 S-47672 400 $0
Phoenix S-71996 S-52650 600 $0
Talent S-84029 S-53898 759 $0
Totals 3,892 $0
Table 3: Example Calculation of 5-year Rolling Average RR&R Cost (See VII.B.3. in IGA)
Year RR&R Cost
2016 $0.00
2017 $0.00
2018 $0.00
2019 $0.00
2020 $0.00
Total $0.00
5-year Rolling Average
(Divide Total by 5) $0.00
9.C.a
Packet Pg. 91 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Table 4: Example Calculation of Total Annual Assessment Costs (See VII.B.4. in IGA)
Holder Type of Right Certificate
/Transfer
Maximum
Rate (cfs)
Maximum
Volume
(AF)
Period of Use
Volume
Associated
with
Irrigation
Districts
(AF)
Annual
Assessment
Costs (2020)
Central Point Non-District
T-9900 1.846 666 1-Apr 1-Nov
N/A - Non-
District
Water Right
N/A - Non-
District Water
Right
Central Point Non-District
Central Point Non-District
Central Point Non-District
Central Point District 93754 1.13 1-Apr 1-Oct 412.4
$30,677.22
Central Point District 93755 1.13 1-Apr 1-Oct 412.4
Central Point District
T-10465 1.2 447.6 1-Apr 1-Oct 438.0
Central Point District
Central Point District
Central Point District
Central Point District
Eagle Point District 88552 0.9 321.3 1-Apr 31-Oct 321.3
$40,800.00
Eagle Point District T-10527 0.5 181.5 1-Apr 31-Oct 181.5
Eagle Point District T-10614 1.15 273.7 1-Apr 31-Oct 273.7
Eagle Point District T-10960 1.77 520.3 1-Apr 1-Oct 520.3 Eagle Point District 1-Apr 31-Oct
Eagle Point District 89864 1.25 356.94 1-Apr 31-Oct 356.94
Eagle Point District T-12221 0.7 207.2 1-Apr 1-Oct 207.2 Eagle Point District 1-Apr 31-Oct
Totals 3,123.7 $71,477.22
9.C.a
Packet Pg. 92 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water
Table 5: Example Calculation of Average Annual Cost Per Acre Foot (See VII.B.5. and VII.C. in IGA)
Annual
Costs (2020)
Water Volumes
Associated with
the Costs (AF)
Total Annual O&M Cost For
Storage Space $93,923.69
3,892 5-Year Rolling Average RR&R Cost
for Storage Space $0.00
Total Annual Assessment Cost from
Irrigation Districts $71,477.22 3,123.7
Totals $165,400.91 7,015.70
Annual Average Cost Per Acre Foot:
(Divide Total Annual Cost by the Total Water
Volume Associated with the Costs)
$23.58
9.C.a
Packet Pg. 93 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water
Attachment 7
Example Annual Summary Report of Water Sharing
Agreement
Intergovernmental Agreement for a Coordinated
Water Rights Management and Water Sharing Plan
9.C.a
Packet Pg. 94 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water Rights IGA)
Table 1: Example - Volume of Water Use, Water Purchased, and Water Sold
Table 2: Example - Total Cost Paid and Received by each Partner City
Partner City
Authorized
Water
Volume
(AF/season)
Annual
Metered
Volume
(AF)
Volume of
Excess Use/
Excess
Water Right
Volume (AF)
Water Volume
Purchased (AF)
Water
Volume Sold
(AF)
Authorized Water
Volume
Remaining After
Purchase/Sale
(AF)
Central
Point 1928.8 2023.1 -94.4 94.4 0.0 0.0
Eagle Point 1860.9 1050.5 810.5 0.0 18.9 791.6
Ashland 1000.0 0.0 1000.0 0.0 18.9 981.1
Jacksonville 600.0 529.4 70.6 0.0 18.9 51.7
Phoenix 1000.0 540.5 459.5 0.0 18.9 440.7
Talent 1292.0 559.3 732.7 0.0 18.9 713.9
Average Annual
Cost ($/AF)
Water Volume
Purchased (AF) Total Paid ($)
Water Volume
Sold (AF)
Total
Received ($)
Central Point $23.58 94.4 $2,225.13 0.0 $0.00
Eagle Point $23.58 0.0 $0.00 18.9 $445.03
Ashland $23.58 0.0 $0.00 18.9 $445.03
Jacksonville $23.58 0.0 $0.00 18.9 $445.03
Phoenix $23.58 0.0 $0.00 18.9 $445.03
Talent $23.58 0.0 $0.00 18.9 $445.03
Total 94.4 $2,225.13 94.4 $2,225.13
9.C.a
Packet Pg. 95 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water
Table 3: Example - Matrix of Costs Paid by and to Each Partner City
Receives
Central Point Eagle Point Ashland Jacksonville Phoenix Talent Total Paid Pays Central Point $445.03 $445.03 $445.03 $445.03 $445.03 $2,225.13
Eagle Point $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Ashland $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Jacksonville $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Phoenix $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Talent $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Total Received $0.00 $445.03 $445.03 $445.03 $445.03 $445.03
9.C.a
Packet Pg. 96 Attachment: Water IGA - Cooperative Agreement - Supplemental Information (1520 : Regional Water
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: March 10, 2022
SUBJECT: Draft Chamber Agreement Discussion
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
The agreement between the City and Central Point Chamber of Commerce to operate the City’s
Visitors Information Center (VIC) has expired. In developing a draft agreement for renewal, the
issue of relocating the Visitors Information Center/Chamber of Commerce office to a city-owned
facility was discussed. Ultimately, the Chamber Board decided they would prefer to stay at their
existing Pine Street location until a space inside the future community center becomes
available.
Currently, the City is responsible for the lease payment for the commercial office space located
at 650 Pine Street (current Chamber office) and monthly payments for VIC operations.
However, before continuing with those financial assumptions in a draft renewal agreement, I
wanted the Council to provide feedback and direction.
FINANCIAL ANALYSIS:
In the previous agreement, the City was obligated to the following (section III):
1. Monthly lease payment for office space of $1,338.
2. Monthly payments for VIC operations of $1,866.67.
The City has been considering the following financial information in analyzing the draft
agreement:
1. Average inflation over the past 36 months has been 2.7%.
2. The property owners have offered a new 24-month lease agreement at a rate of $1,470
per month.
3. The City currently commits $15,550 biennially to Community/Chamber Special Events.
9.D
Packet Pg. 97
LEGAL ANALYSIS:
Central Point legal counsel reviewed and assisted in developing the framework of the expired
agreement between the City and Chamber. Furthermore, legal counsel will review the draft
agreement prior to city council ratification.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Vibrant Economy
GOAL 2 - Build upon past success to further the purpose of promoting downtown revitalization
and renewal.
STRATEGY 3 – Partner with the Chamber of Commerce and the local business community to
promote Central Point businesses (Buy Local, Live Local Campaign).
STRATEGY 4 – Promote destination business development through partnerships with the
Chamber of Commerce and the local business community.
STAFF RECOMMENDATION:
Staff is recommending discussion and direction.
RECOMMENDED MOTION:
N/A
ATTACHMENTS:
1. Draft Chamber Agreement Discussion
9.D
Packet Pg. 98
VISITOR CENTER AGREEMENT
THIS AGREEMENT by and between the CITY OF CENTRAL POINT, a municipal
corporation of the State of Oregon hereinafter called "the CITY", and the CENTRAL POINT
CHAMBER OF COMMERCE, an Oregon not-for- profit corporation hereinafter called "the
CHAMBER," is effective as of October April 1, 20162022.
RECITALS
WHEREAS, the CITY desires to contract for tourism promotion utilizing funds derived in
whole or in part from transient lodging taxes ("TLT") collected within the CITY; and
WHEREAS, the CHAMBER has the capability and desire to undertake such a tourism
promotion program, through a Visitor Information Center ("VIC");
NOW THEREFORE the parties agree as follows:
SECTION I
TERM AND RENEWAL
This Agreement is effective beginning October 1, 2016April 1, 2022. Its initial term
extends through June 30, 202419. Unless this Agreement is terminated under Section II below, it
will automatically be renewed for two years (July 1, 202419 – June 30, 20261), on the same terms,
except for the payments to be made as described in Section III below and except to the extent the
parties may choose to amend or modify the Agreement under Section XII below. Payments for the
renewal period will be determined as set forth in Section V below.
SECTION II
TERMINATION
1. Either party, for any reason, upon one hundred eighty (180) days prior written notice to the
other, may terminate this Agreement without further obligations. Notwithstanding this general
rule:
a) Either party may terminate this Agreement in the event of a breach of the Agreement by
the other party. Prior to such termination, however, the party seeking the termination shall
give to the other party written notice of the breach and of the party's intent to terminate. If
the party has not entirely cured the breach within ninety (90) days after such notice, then
the party giving the notice may terminate the Agreement at any time thereafter by giving a
written notice of termination. Provided, however, if said default cannot reasonably be cured
within ninety (90) days, then this Agreement shall not terminate if the defaulting party uses
reasonable efforts and diligence to commence curing said problem within the 90-day period
and completes the cure of said problem within a reasonable time thereafter. Such
termination will be without prejudice to a party's rights to other legal or equitable remedies
for breach of this Agreement, such as the right to recover money damages for such breach.
9.D.a
Packet Pg. 99 Attachment: Draft Chamber Agreement Discussion (1522 : Draft Chamber Agreement Discussion)
b) This Agreement will terminate, without further action by the parties and without further
obligations, in either of the following events:
1. If the CITY's appropriation of funds for this Agreement in any fiscal year fails to equal
or exceed the budget submitted by the CHAMBER to the CITY under Section V below,
or the CITY's schedule for payment of funds differs from that budget, this agreement
will terminate on June 30 of the last fiscal year for which sufficient funds are
appropriated and paid; or
2. If sufficient funds are not available for this Agreement this agreement will terminate
on June 30 of the fiscal year in which funds are not sufficient.
The CITY certifies that funds for this Agreement are included in the CITY's budget for the current
fiscal year cycle which ends on June 30, 202317. The CITY, in compliance with the appropriation
of funds requirements in ORS 294.305 to 294.565, will in good faith endeavor to budget and
appropriate such funds for subsequent fiscal years. If funds are not appropriated for this agreement
for any fiscal year after 2016-20172021-2023, the CITY will notify the CHAMBER, and this
Agreement will terminate on June 30 of the last fiscal year for which sufficient funds are
appropriated.
SECTION III
CITY FUNDING FOR VISITOR INFORMATION CENTER
During the term of this Agreement, unless otherwise stipulated in the budget submitted by the
CHAMBER to the CITY under Section V below, the CITY shall pay to the CHAMBER, from
funds lawfully appropriated, a monthly amount equal to one-twelfth of the CHAMBER's approved
budget for the VIC for the CHAMBER's fiscal year in question (for VIC purposes, and for purposes
of this Agreement, the CHAMBER's fiscal year is July 1 -June 30, although for other purposes,
the CHAMBER operates on a calendar-year basis). Such monthly payments will be no later than
the 10th business day of each month (a "business day" is a day that is neither a weekend nor an
official holiday under Oregon state law). However, inasmuch as the initial term of this Agreement
ends on June 30, 2019, and it may thereafter be renewed, the CITY's payments will be:
a) For the initial term of this Agreement, the current appropriated amount for visitor’s
information center (VIC) operation is $22,400 (TBD) per year ($1866.67/month).
b) For successive terms the parties acknowledge and agree that the VIC will be funded by the
CITY in amounts, and according to the schedule of payments, set forth in the CHAMBER's
approved budget submitted to the CITY under Section V below, provided that if such
funding is not appropriated, the CHAMBER may terminate this Agreement as provided in
Section IIb above. Inasmuch as TLT is expected to be the primary or exclusive source of
funds for the VIC under this Agreement, the CHAMBER understands and agrees that use
and expenditure of TLT is subject to the requirements of ORS 320.300 to 320.350, and the
parties will follow these requirements with respect to TLT.
c) The City of Central Point is currently leasing office space for the operation of the Central
Point Chamber of Commerce & Visitor’s Information Center. The office space is located
at 650 E. Pine Street and the current lease agreement remains valid until December 31,
2019, a copy of which is attached hereto as Exhibit “A”. Future lease agreements/funding
will be subject to city council approval.
9.D.a
Packet Pg. 100 Attachment: Draft Chamber Agreement Discussion (1522 : Draft Chamber Agreement Discussion)
SECTION IV
SERVICES TO BE PROVIDED
a) The CHAMBER's purpose for operating the VIC is to provide local citizens and visitors with
information about Central Point area visitor facilities, recreational opportunities, services
offered by the CITY and other relevant governmental entities, and services provided by private
nonprofits and other nongovernmental organizations and charities in the Central Point area;
and other information that is reasonable for the CHAMBER to provide by means of a VIC,
given the limits of the CHAMBER's budget, the level of funds available for the VIC, and the
hours the VIC is open.
b) The CHAMBER shall operate the VIC with an office and telephone service, regularly open
and available to the public. The CHAMBER Board of Directors, in its discretion, will
determine the VIC's hours of operation, provided that office and telephone service to the public
will be available at least 25 hours each week during daytime hours; the CHAMBER may
choose to include Saturday in this 25-hour week, or limit hours of operation to weekdays.
c) The CHAMBER's activities in furtherance of its purposes for the VIC will include marketing
and promotion of tourism and promotion of economic development, and providing
information necessary to support such activities. Specific examples of activities the
CHAMBER will conduct include:
1. Production, display and distribution of promotional brochures;
2. Advertising in local and regional publications;
3. Providing information about services offered by the CITY and other governmental and
nongovernmental entities;
4. Providing the public with maps, brochures and other information about the Central Point
and the surrounding area;
5. Publicizing local and regional entertainment, events, and tourist attractions, and tourist
destinations;
6. Informing the public about restaurants, lodging, and similar accommodations that may
be of interest to visitors;
7. Publicizing opportunities for the development and promotion of tourism and tourism
related businesses; and
8. Assisting with and promoting annual events which foster CHAMBER goals.
SECTION V
BUDGET
Beginning no later than February 1, 202317, and the first business day of each February thereafter,
for as long as this Agreement remains in effect (including renewal periods), the CHAMBER shall
submit a detailed program and revenue request for the VIC'S upcoming fiscal year to the CITY.
The proposal shall become part of the CITY's annual budget appropriation process. The proposal
will include a copy of the CHAMBER's board-approved VIC operating budget for the next fiscal
year. The proposal also will include the CHAMBER's projected goals and objectives for the VIC
for the next fiscal year. (Example: On February 1, 202317, the CHAMBER will submit the
proposal, including the budget, for the VIC for the year July 1, 202317 -June 30, 202418.)
SECTION VI
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ACCOUNTING AND REPORTING
a) The CHAMBER will separately account for VIC monies apart from its general books of
account. The City Finance Director or his/her designee may examine this separate VIC
accounting during normal business hours after providing written notification to the
CHAMBER, at least 48 hours prior to the time such examination is to be held. Nothing
contained herein shall be interpreted to grant the CITY access to the general books, papers,
and accounting records of the CHAMBER, or to any other records of the CHAMBER not
directly related to the VIC.
b) The CHAMBER shall account to the CITY for monies received from the CITY for the VIC.
This accounting will be provided by the seventh business day of the first month following the
end of each fiscal-year quarter. The accounting shall refer to the three calendar months
preceding the accounting. (Example: The October accounting will be for July - September).
The CHAMBER shall forward this report to the CITY Finance Department.
c) The CHAMBER also shall file with the CITY, with each quarterly accounting, a program
report. This report will cover the same time period as the accounting submitted under Section
VI(b) above. If the Chamber fails to meet the accounting/reporting requirements described in
this section VI(a-c) of this Agreement, CITY may withhold future monthly payments of
appropriated funds until proper accounting/reporting required under this Section is provided.
CITY shall not be required to pay interest or penalties for such delayed payment, where the
delay is caused by CHAMBER’s failure to property account/report to CITY.
d) The CHAMBER shall maintain adequate accounting records of all revenues and expenditures
covered by this Section VI, with supporting invoices, for a period of three (3) years.
e) It is understood and agreed that the CITY may appropriate funds derived from any source it
chooses to fund the VIC under this Agreement. Even so, it is understood that TLT will most
likely be the source of such funds. Therefore, if the CITY's projections for future collection of
TLT change during the CITY'S fiscal year, the CITY will advise the CHAMBER of the CITY's
changes in projections for TLT collection within forty (40) days after the close of the CITY's
fiscal year- quarter in which the change in collection projections occurred.
f) CHAMBER shall report to CITY quarterly analytic contact information. Such reports shall
summarize the total number of contacts via telephone, email, website, and personal visits as
well as such other information compiled by CHAMBER to detail its promotion of tourism and
public information.
SECTION VII
CITY REPRESENTATIVE
The CHAMBER's board of directors will, no later than October 31st, 2016, appoint an advisory
committee for the VIC. This advisory committee will meet at least once each fiscal-year quarter
while this Agreement is in effect, beginning in the October 1-December 31, 2016, quarter. The
advisory committee will provide the CITY with notification of the date, time, and location of its
meetings, at least 14 days before the scheduled date of the meeting, except that in the case of
emergency or specially-scheduled meetings, the notification will be (if possible) at least four days
before the meeting is to take place. The CITY will appoint a city council liaison to sit as a member
of this committee, and this individual will be entitled to a seat on the committee. Nothing in this
section will affect the right of the CHAMBER's board of directors to conduct the CHAMBER's
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business under the CHAMBER's bylaws and other governing documents. However, if requested
by the board, the appointed city council liaison will be available to attend regularly scheduled
chamber board meetings.
SECTION VIII.
INSURANCE
The CHAMBER shall carry insurance as follows:
a. Workers' compensation coverage in accordance with Oregon law; and
b. Commercial general liability insurance for the VIC, with a reputable insurance carrier,
naming the CITY, elected officials, officers, agents and employees as an additional insured.
The insurance limits shall be a minimum of $1 million per occurrence and $2 million
aggregate. Evidence of such insurance coverage, in the form of a certificate from the
CHAMBER's insurer, will be provided to the CITY within fifteen (15) days from the end
of each calendar-year The CHAMBER also will furnish a new certificate of coverage to
the CITY forthwith, upon any change of insurance carrier by the CHAMBER. The
CHAMBER may not cancel this insurance without at least thirty (30) days prior written
notice to the CITY.
SECTION IX
INDEMNIFICATION
a. CHAMBER will indemnify defend and hold CITY, its elected officials, officers, agents
and employees, harmless from and against all claims, demands, actions, costs and expenses,
including attorneys' fees and costs of defense, which may be incurred by or asserted against
CITY, arising out of or resulting CHAMBER’s acts and omissions and the acts and omissions of
CHAMBER’s officers, subcontractors, agents and employees.
b. CITY will indemnify defend and hold CHAMBER, its officers, agents and employees,
harmless from and against all claims, demands, actions, costs and expenses, including attorneys'
fees and costs of defense, which may be incurred by or asserted against CHAMBER, arising out
of CITY’s acts and omissions and the acts and omissions of CHAMBER’s officers,
subcontractors, agents and employees.
SECTION X
COMPLIANCE WITH LAWS
The CHAMBER will comply with the provisions of all federal, state and local laws and ordinances
that are applicable to the VIC and its operations.
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SECTION XI
STATUS AS AN INDEPENDENT CONTRACTOR
In the performance of the work, duties, and obligations required of the CHAMBER under this
agreement, it is mutually understood and agreed that the CHAMBER is at all times acting and
performing as an independent contractor and not an agent, partner, or joint venture with the CITY.
The CITY shall neither have nor exercise any control over the methods by which the CHAMBER
performs its work and functions. The parties acknowledge that any contracts entered into between
the CHAMBER and any third party are not an obligation of the CITY, and the CHAMBER must
not represent that it has the power or authority to contractually bind or obligate the CITY.
SECTION XII
MODIFICATION
This Agreement may not be released, discharged, abandoned, changed, or modified in any manner,
except by an instrument in writing signed on behalf of each of the parties, by their duly authorized
representatives.
SECTION XIII
ASSIGNMENT
The responsibility for performing the CHAMBER's services under the terms of this Agreement
shall not be assigned, transferred, delegated or otherwise referred by the CHAMBER to a third
person without the prior written consent of the CITY.
SECTION XIV
NOTICES
For purposes of this Agreement, notices by one party to the other are deemed to be made if in
writing, sent by certified mail, return receipt requested to the other party, addressed as follows:
A. For the CHAMBER: Executive Director
Central Point Chamber of Commerce
150 Manzanita St.
Central Point, OR 97502
B. For the CITY: City Administrator
City of Central Point
140 S. 3rd Street
Central Point, OR 97502
IN WITNESS WHEREOF, this agreement is entered into as of ______________, 202217.
CITY OF CENTRAL POINT
_________________________
Mayor
CENTRAL POINT CHAMBER OF
COMMERCE
_____________________________
Director
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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: March 10, 2022
SUBJECT: March Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
The Central Point Planning Commission met at their regular meeting on March 1, 2022. There
was a legislative public hearing on the agenda concerning a Major Amendment to the Central
Municipal Code (CPMC) consolidating mobile food business regulations in CPMC 5.44. At the
conclusion of the meeting, updates were given on the Rewrite 2022: Zoning Code Update
project. Planning Commissioners were given the opportunity to give reports on planning issues
of concern, to request study session topics and share anything they’ve learned about land use
planning topics that could affect the City.
MAJOR TEXT AMENDMENT:
The Planning Commission conducted a public hearing and considered a proposed amendment
to the municipal code adding CPMC 5.44, Mobile Food Businesses and eliminating conflicting
use references in CPMC 17.44, Tourist and Office Professional and CPMC 17.46, Thoroughfare
Commercial. The proposed text amendments define four (4) types of mobile food vendors and
establishes clear application procedures and requirements that are needed to operate a mobile
food businesses on a temporary or semi-permanent basis.
Commissioners had suggested minor edits to clarify language, tie utility requirements to the Fire
Code instead of listing one acceptable method available now, and expanding the morning hours
of operation for specialty food vendors (e.g. ice cream trucks, mobile farm stands, etc.). At the
end the meeting, the Planning Commission unanimously recommend the City Council approve
the proposed amendments.
REWRITE 2022 ZONING CODE PROJECT UPDATE:
Staff reported that progress on the Rewrite 2022 project has slowed in light of the need to
understand and begin addressing the Transportation Planning Rule changes discussed at the
Joint Study Session on February 28, 2022. It anticipated that the first round of changes will
advance to the Citizen’s Advisory Committee (CAC) at the next meeting on April 12, 2022.
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PLANNING COMMISSIONER REPORTS:
The Planning Commissioners offered some feedback and comments on the Joint Study Session
topic. It was generally expressed that Commissioners think we need to do something to address
issues affecting climate change and that Central Point is already well positioned to do that under
the current rule. Additionally, the proposed changes include an aggressive timeline and too
much ambiguity and no funding as needed to implement.
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