HomeMy WebLinkAbout2022-10-13 City Council - Full Agenda-1232
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, October 13, 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(1721) Ord (2090)
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 September 8, 2022 City Council Minutes
B. Proclamation - Lung Cancer Awareness Month
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.
1. Resolution No. _________, A Resolution to Annex 34.64 Acres, Located on
Property Identified on the Jackson County Assessor's Map as 37S2W02D-TL
2001; 37S2W11A-TL 102 AND 28100; 37S2W12B-TL 501 AND 600;
37S2W12C-TL 301 and 805. Applicant: City of Central Point (Holtey)
VIII. ORDINANCES, AND RESOLUTIONS
A. First Reading - an Ordinance Amending in Part Central Point Municipal Code
Chapter 8.02 Regarding Chronic Nuisance Property and Chapter 8.45 Regarding
Public Nuisance Remedy (Dreyer)
IX. BUSINESS
A. Rogue Disposal CPI Request & Calculation 2022 (Clayton)
B. Central Point Community Center Financial Update (Clayton)
C. Appointment of Citizens Advisory Committee Member (Clayton)
D. Planning Commission Report (Holtey)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1026 (voice), or by e-mail to Deanna.casey@centralpointoregon.gov.
Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por
favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
CITY OF CENTRAL POINT
Oregon
City Council Meeting Minutes
Thursday, September 8, 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 Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer; Parks
and Public Works Director Matt Samitore; Planning Director Stephanie Holtey;
Lieutenant Chadd Griffin, and City Recorder Deanna Casey.
IV. PUBLIC COMMENTS
Crater Renascence Academy Senior Neve McGuire and Principle Jennifer Spencer
presented an update on events happening at the High School. Ms. McGuire explained
why the academy is so important to her and other students.
Chris Kofoid, Central Point Resident stated that he is concerned about the fires
along the greenway and other creeks within our area.
Mr. Clayton and Mr. Samitore updated him on what the city does to discourage
camping along the creeks in Central Point.
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of August 25, 2022 City Council Minutes
B. 2022 City Surplus Vehicles
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City of Central Point
City Council Minutes
September 8, 2022
Page 2
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Resolution No. _______, Consenting to the Assignment of the Rogue Disposal
and Recycling, Inc. Franchise Agreement, Specifically, the Transfer of Stock of
Franchisee's Parent Rogue Waster Inc. to a Subsidiary of Waste Connections
City Attorney Sydnee Dreyer explained the Council is being asked to consider the
proposed resolution consenting to the assignment of Rogue Disposal and Recycling,
Inc., (RDR) Franchise Agreement, specifically the transfer of stock of franchisee' s
parent company, Rogue Waste, Inc. to a subsidiary of Waste Connections.
The Franchise Agreement between the City and Rogue Disposal and Recyling, Inc.,
states that the city must provide consent if there are certain changes in ownership.
RDR provided notice to the city that its parent company will be selling stock to a
subsidiary of Waste Connections. Their own stock will not be changing hands. The
change in ownership may be characterized as a change in control. Staff believes that
the city's consent is required for the franchise agreement to continue in operation
after this transaction.
RDR representatives Laura LeBrick and Gary Penning explained the change is to
allow the current owners to plan for succession of the company. Waste Connections
is very familiar with Oregon laws and know what can be done in our area.
City Manager Chris Clayton explained that the agreement will remain the same.
Michael Parsons moved to approve Resolution No. 1720, A Resolution
Consenting to the Assignment of the Rogue Disposal and Recycling, Inc.
Franchise Agreement, Specifically, the Transfer of Stock of Franchisees’
Parent Rogue Waste, Inc. to a subsidiary of Waste Connections.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution No. ________, Authorizing Night Work for the Oregon Department
of Transportation to Complete the Scenic and Highway 99 Signal Project for up
to Ten Nights
Parks and Public Works Director Matt Samitore explained that ODOT has requested
to work nights during the improvements at the intersection of Highway 99 and Scenic
Avenue. They believe they can complete the night work in five nights. He will be
working with the construction crew to keep it to five nights or less. There could be
complaints because this area is near to a subdivision.
There was discussion about the traffic plan and detours during construction. It was
pointed out that this intersection can get busy when there are sporting events at the
schools.
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City of Central Point
City Council Minutes
September 8, 2022
Page 3
Rob Hernandez moved to approve Resolution No. 1721, A Resolution
authorizing night work for the Oregon Department of Transportation to
complete the Scenic and Highway 99 Signal Project for up to 10 nights.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Resolution No. ________, Declaring The City Council’s Intent To Annex Lands
Located On City-Owned Properties Within The Bear Creek Greenway Fire Area
Master Plan Area, Which Includes 372w11a-Tl 102 And 28100, And 272w12b-
Tl501, 600, 699; And, 372w12c-301 And Replacing Resolution No. 1695
Planning Director Stephanie Holtey explained the proposed resolution will replace
Resolution No. 1695 approved January 13, 2022. At the August 25, 2022 meeting
the Council voted to withdraw the application to consider the Bear Creek Greenway
Annexation request in order to allow time to complete the necessary surveys and
update the legal description and map. To initiate the new application based on the
boundary changes. She provided a new resolution that is different than the
Resolution presented in the Council Agenda Packet.
She went on to explain which properties are included in the resolution presented
tonight. One parcel is currently owned by the City of Medford, they are working on
transferring that ownership to Central Point.
Taneea Browning moved to approve Resolution No. 1722, A Resolution
Declaring the City Council’s Intent to Annex Lands Located on City-Owned
Properties within the Bear Creek Greenway Fire Area Master Plan, Which
Includes a portion of 372W02D TL 2001; 372W11A TL 102 and 28100, 372W12B
TL 501 and 600; and 372W12C TL 301 and 805 and Replaces Resolution No.
1695.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VIII. BUSINESS
A. Appointment of Citizens Advisory Committee Member
Mr. Clayton explained that the city conducted interviews with two applicants for
the Citizens Advisory Committee.
Mayor Williams stated that he would like to recommend Mitchel Price for the
CAC. The other candidate would be a great asset to the Budget Committee if we
need to appoint a member in the Spring.
Michael Parsons moved to appoint Mitchel Price to the Citizens Advisory
Committee.
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City of Central Point
City Council Minutes
September 8, 2022
Page 4
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Kelley Johnson, Ward II
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Community Center Financial Strategy
Mr. Clayton presented information regarding the Community Center Financial
Strategy. Due to COVID-19 the Community Center to be located across from Central
Point Elementary School was on hold. In 2021 Staff spoke with Jackson County
Administration who showed interest in a joint process for the Center to be located on
Jackson County property at the Expo. The City and County entered into a
partnership to conceptually evaluate the possibility of a “joint” community and
evacuation center. After several meetings a design (Option 2) was decided would
best serve the needs for all involved.
After several revisions the facility would include recreational classroom space,
outdoor recreations opportunities, and office space for Parks and Recreation Staff.
On the Jackson County side, features include a larger commercial kitchen for feeding
evacuees during an emergency, shower facilities, and six full size basketball courts
which could be used as an emergency shelter.
He presented the overall cost for the option selected by both organizations.
Explained the cost split and various options to fund it. Jackson County has been told
that this project would be an acceptable project for their ARPA funds.
There was discussion regarding current fees and increasing the Parks Fee for our
citizens. Council expressed concern that the citizens may not be as interested in a
community center as they were during the last survey. The survey asked about the
Cemetery, Greenway, Little League fields and the community center, but were the
citizens actually ready for all those increases. There is concern that a community
center may not have a small town feel if located at the Expo.
Mr. Clayton stated that he will enter into discussions with the County to see what all
the options are for financing the project. He will return with more information and they
will put some thought into a way to get community input about the new location in a
timely manner.
RESULT: FOR DISCUSSION ONLY
IX. MAYOR'S REPORT
Mayor Williams reported that the Twin Creeks Facility is happy about the curb
striping around the building. He has spoken with a citizen who has some interesting
ideas for the cemetery.
X. CITY MANAGER'S REPORT
City Manger Chris Clayton reported that:
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City of Central Point
City Council Minutes
September 8, 2022
Page 5
Today a transformer blew outside of City Hall. We have been on back-up power all day
and had no access to the internet. They hope that everything should be back up and
running by tomorrow morning.
Rogue Disposal will be returning in October with the Annual CPI Increase.
He recommends cancelling the September 22, 2022 Council meeting due to lack of
agenda items.
The Finance Director has been in contact with the Auditors and they hope to present to
the Council next month.
The City of Rogue River has hired Ryan Nolan from RVCOG. Mr. Nolan was City
Administrator for Cave Junction, worked in Planning for Grants Pass and should be a
good asset for Rogue River.
XI. COUNCIL REPORTS
Council Member Michael Parsons reported that he assisted in the concealed weapons
class.
Council Member Taneea Browning reported that:
the LOC Board has approved the Strategic Plan after months of hard work. They also
approved the legislative priorities that the cities suggested. They have approved the
hiring process for an executive director.
She is looking forward to the Bear Creek Steering Committee meeting next week.
No other reports were provided.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
Jackson County and the City are negotiating the Hamrick and Pine intersection
construction project.
There will be a preconstruction meeting next week for the Dennis Richardson and War
Memorial project.
There is an Open House next week for the Little League project.
Planning Director Stephanie Holtey reported that:
There will be a Joint Study Session on September 19th. This meeting will be to discuss
the new climate friendly rules required by the state.
The October Planning Commission will be discussing the Urban Renewal and
Transportation Plan.
The CAC meeting on October 11th will be to consider the final draft of Climate Friendly
rules.
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City of Central Point
City Council Minutes
September 8, 2022
Page 6
There will be code revisions coming in the next few months regarding parking.
Police Lieutenant Chad Griffin reported that:
They are in the process of doing background checks on two possible employees.
The schools started on Tuesday. They are working on the annual traffic issues around
the drop off area.
County Commissioner Dave Dotterer reported that they have talked to the County
Assessor about the most recent audit. The audit pointed out several areas of concern
regarding that department.
XIII. EXECUTIVE SESSION - None
XIV. ADJOURNMENT
Taneea Browning moved to adjourn, all said aye and the meeting was adjourned at
8:58 p.m.
The foregoing minutes of the September 8, 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:
Clerk
FROM: Deanna Casey, City Recorder
MEETING DATE: October 13, 2022
SUBJECT: Proclamation - Lung Cancer Awareness Month
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
Approval
Lung cancer is the leading cause of cancer death in the United States and the world, and in
2022, it is estimated that 130,180 Americans will die from lung cancer. Early detection through
lung cancer screening by low-dose computed tomography (CT) significantly reduces lung
cancer mortality by up to 33%. However, only 5.7% of high-risk individuals are currently getting
screened.
In order to increase the lung cancer screening rate and save lives, ALCSI is partnering with
communities to raise awareness and educate community members about lung cancer and lung
cancer screening. We’ve worked with community organizations like the South Asian Network
and American Indian Cancer Foundation, as well as city and state health departments, including
the NYC and Connecticut Health Departments.
November 2022 is Lung Cancer Awareness Month. This month provides an excellent
opportunity for Salem to demonstrate its support for the numerous people affected by lung
cancer. Furthermore, it is a wonderful opportunity to educate the public on the efforts that can
be taken to reduce deaths through lung cancer screening. ALCSI would be honored if you would
sponsor an official proclamation to recognize November 2022 as Lung Cancer Awareness
Month in your city. Your proclamation would lend official recognition to the importance of
educating the public on lung cancer, as well as emphasize your personal commitment to raising
awareness about the resources available to screen for the disease early-on.
ATTACHMENTS:
1. Lung Cancer Awareness Month 2022 Proclamation
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LUNG CANCER AWARENESS MONTH
PROCLAMATION
Whereas, lung cancer is the leading cause of cancer death among men and women in the United States
and Oregon, accounting for more deaths than colon cancer, breast cancer, and prostate cancer
combined; (1)(2)
Whereas, according to the Centers for Disease Control and Prevention, there were 13,865 new lung cancer
cases and 9,305 deaths because of lung cancer between 2015 and 2019 in Oregon; (2)
Whereas, the 5-year survival rate for localized lung cancer is ~60%, yet only ~24% of lung cancers are
diagnosed at this stage; (1)
Whereas, screening for lung cancer for high-risk individuals, using low-dose computed tomography, can
lead to the earlier detection of lung cancer and save lives, reducing the mortality by 20% when
compared to screening by chest x-ray in the National Lung Screening Trial (3) and reducing the
risk of death at 10 years by 24% in men and 33% in women as demonstrated by another large
randomized trial; (4)
Whereas, funding for lung cancer research trails far behind funding for research of many other cancers,
and additional research is needed in early diagnosis, screening, and treatment for lung cancer as
well as in lung cancer affecting women and lung cancer health disparities;
Whereas, lung cancer incidence is decreasing twice as fast in men as it is in women, each year more
women die from lung cancer than breast cancer and by 2035, more women will die from lung
cancer than men; (6,7)
Whereas, African Americans have the highest lung cancer incidence and mortality of all races, and
disparities in lung cancer screening, diagnosis, treatment, and mortality are well characterized
among African Americans and other racial minorities. (8)
Whereas, lung cancer in never smokers is the 7th leading cause of cancer-related death and accounts for
17,000-26,000 deaths in the US every year (7), 60-70% of never smokers diagnosed with lung
cancer are women (9,10), and the proportion of lung cancers diagnosed in never smokers is
increasing in the US; (10,11)
Whereas, organizations working in the City of Central Point community, such as the American Lung
Cancer Screening Initiative and Women’s Lung Cancer Forum, are committed to educating
about lung cancer and lung cancer screening and working to increase lung cancer screening rates
in Central Point.
NOW THEREFORE, I, Mayor Hank Williams, hereby proclaim November 2022 as Lung Cancer
Awareness Month in the City of Central Point, and recognize the need for research in lung cancer affecting
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women and lung cancer health disparities, and encourage all citizens to learn about lung cancer and early
detection through lung cancer screening.
Date this _______________ Day of _________________, in the Year 2022.
_____________________________________
Mayor Hank Williams
(1) “Cancer of the Lung and Bronchus - Cancer Stat Facts.” SEER,
seer.cancer.gov/statfacts/html/lungb.html.
(2) “United States Cancer Statistics: Data Visualizations.” Center for Disease Control,
https://gis.cdc.gov/Cancer/USCS/DataViz.html.
(3) National Lung Screening Trial Research Team, Aberle DR, Adams AM, et al. Reduced lung-
cancer mortality with low-dose computed tomographic screening. N Engl J Med. 2011;365(5):395-
409. doi:10.1056/NEJMoa1102873
(4) de Koning HJ, van der Aalst CM, de Jong PA, et al. Reduced Lung-Cancer Mortality with Volume
CT Screening in a Randomized Trial. N Engl J Med. 2020;382(6):503-513.
doi:10.1056/NEJMoa1911793
(5) Siegel, R. L.; Miller, K. D.; Jemal, A., Cancer statistics, 2020. CA: A Cancer Journal for
Clinicians 2020, 70 (1), 7-30.
(6) Jeon, J.; Holford, T. R.; Levy, D. T.; Feuer, E. J.; Cao, P.; Tam, J.; Clarke, L.; Clarke, J.;
Kong, C. Y.; Meza, R., Smoking and Lung Cancer Mortality in the United States From 2015 to
2065: A Comparative Modeling Approach. Ann Intern Med 2018, 169 (10), 684-693.
(7) Rivera, G. A.; Wakelee, H., Lung Cancer in Never Smokers. Adv Exp Med Biol 2016, 893, 43-57.
(8) Rivera, M. P.; Katki, H. A.; Tanner, N. T.; Triplette, M.; Sakoda, L. C.; Wiener, R. S.;
Cardarelli, R.; Carter-Harris, L.; Crothers, K.; Fathi, J. T.; Ford, M. E.; Smith, R.; Winn, R. A.;
Wisnivesky, J. P.; Henderson, L. M.; Aldrich, M. C., Addressing Disparities in Lung Cancer
Screening Eligibility and Healthcare Access. An Official American Thoracic Society Statement.
American Journal of Respiratory and Critical Care Medicine 2020, 202 (7), e95-e112.
(9) Korpanty, G. J.; Kamel-Reid, S.; Pintilie, M.; Hwang, D. M.; Zer, A.; Liu, G.; Leighl, N. B.;
Feld, R.; Siu, L. L.; Bedard, P. L.; Tsao, M.-S.; Shepherd, F. A., Lung cancer in never smokers
from the Princess Margaret Cancer Centre. Oncotarget 2018, 9 (32), 22559-22570.
(10) Pelosof, L.; Ahn, C.; Gao, A.; Horn, L.; Madrigales, A.; Cox, J.; McGavic, D.; Minna, J. D.;
Gazdar, A. F.; Schiller, J., Proportion of Never-Smoker Non-Small Cell Lung Cancer Patients at
Three Diverse Institutions. Journal of the National Cancer Institute 2017, 109 (7), djw295.
(11) Toh, C. K.; Ong, W. S.; Lim, W. T.; Tan, D. S.; Ng, Q. S.; Kanesvaran, R.; Seow, W. J.; Ang,
M. K.; Tan, E. H., A Decade of Never-smokers Among Lung Cancer Patients-Increasing Trend
and Improved Survival. Clin Lung Cancer 2018, 19 (5), e539-e550.
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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: October 13, 2022
SUBJECT: Resolution No. _________, A Resolution to Annex 34.64 Acres, Located
on Property Identified on the Jackson County Assessor's Map as
37S2W02D-TL 2001; 37S2W11A-TL 102 AND 28100; 37S2W12B-TL 501
AND 600; 37S2W12C-TL 301 and 805. Applicant: City of Central Point
ACTION REQUIRED:
Public Hearing
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
On September 8, 2022 the City Council approved a Resolution of Intent to annex land within the
Bear Creek Greenway for the dual purpose of developing a new park and mitigating wildfire risk
to the community. The subject properties are owned by the City of Central Point (“City”), with the
exception of one lot (37S2S12B, Tax Lot 501) that is in the process of being transferred from
ownership by the City of Medford to the City. Once annexed, the City will be able to allocate
funds necessary to master plan and construct a high quality, diverse park facility that provides
active and passive recreation in balance with wildfire mitigation and habitat restoration.
At this time the City Council is considering a resolution to annex 34.64 acres within the Bear
Creek Greenway (BCG) zone south of Peninger Road, north of Table Rock Road and east of
Interstate 5. The properties are identified on the Jackson County Assessor’s Map as
37S2W02D-TL 2001; 37S2W11A-TL 102 and 28100; 37S2W12B-TL 501 and 600; 37S2W12C-
TL 301 and 805 (Attachment 1, including Exhibits A and B). Applicant: City of Central Point.
FINANCIAL ANALYSIS:
The annexation has incurred costs to prepare the map of survey and legal description. All other
costs associated with the annexation are in-kind cost for staff time.
LEGAL ANALYSIS:
ORS 222.125 authorizes annexation of property contiguous to cities when all of the owners of
land and a majority of electors consent. CPMC 1.20 vests the City Council with the authority to
order the annexation of unincorporated territory in the Urban Growth Boundary into the City of
Central Point.
1. Written Consent. This annexation is a ‘full consent annexation’ as evidenced by
Council’s approval of Resolution No. 1722, a Resolution of Intent to annex the subject
7.1
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properties. The City of Medford is in the process of transferring ownership of Tax Lot 501
to the City. To expedite the annexation process, the City of Medford City Council is
expected authorize Medford’s written consent to annex said property on October 20,
2022. The City of Central Point City Council may approve the Resolution to annex the
Bear Creek Greenway properties with the understanding that the approval will be subject
Medford’s written consent.
2. Contiguous to City Limits. Pursuant to ORS 222.111, territory proposed for annexation
must be contiguous to the City or separated from it only by a public right-of-way or a
stream, lake or other body of water. The subject annexation area is contiguous to the
city limits along several property boundary segments and is separated from the city limits
boundary to the west only by Oregon Department of Transportation right-of-way
3. Within Urban Growth Boundary (UGB). The annexation territory is within the Urban
Growth Boundary of Central Point and is in compliance with the City-County Urban
Growth Boundary and Policy Agreement of September 1984 and amended in 1998.
4. Orderly Provision of Public Facilities. The City-County Urban Growth Boundary and
Policy Agreement requires that, in considering an annexation, urban facilities and
services must be adequate in condition and capacity to accommodate the additional
level of growth allowed by the Comprehensive Plan within the annexation area prior to or
concurrent with the development. The subject properties are within the Bear Creek
Greenway. Services are limited to water, emergency vehicle and pedestrian access. As
the site develops as a recreational amenity, it will take advantage of existing services.
5. Duly Noticed and Advertised Public Hearing. Pursuant to ORS 222.120, notice of the
hearing was published for the City Council meeting on October 5, 2022 and October 12,
2022 in the Mail Tribune and notice was posted in four (4) public locations. In addition,
on September 23, 2022 the notice was mailed to property owners within 250-feet of the
proposed annexation area.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Responsible Governance Goal 6: Prepare as a resilient city with the capabilities required
across the whole community to prevent, protect against, mitigate, respond to and recover from
the threats and hazards that pose the greatest risk.
Comment: The proposed annexation brings land into the city limits that poses a significant
wildfire risk to the community. As a result of the proposed annexation, the City will be in a
position to acquire and allocate funding to construct improvements that mitigate wildfire risk
while restoring habitat along Bear and Elk Creeks and providing active and passive recreation
amenities for the community.
Community Investment, Goal 2: Be a city filled with happy, healthy people who are thriving.
Strategy 5: Plan, design, build and maintain a comprehensive system of sustainable facilities,
trails and park spaces (setting the highest standards) to provide attractive places people will use
and enjoy. Acquire additional lands for active and passive recreation use based on current
deficiencies and public demands created by increasing population or the environmental and
recreational significance of the area.
Comment: The proposed annexation is a pre-requisite to funding and constructing the parks and
recreation amenities set forth in the Bear Creek Greenway Fire Area Master Plan. The facilities
will ultimately align with the aspiration articulated in Strategy 5.
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STAFF RECOMMENDATION:
Conduct a public hearing and consider the Resolution to Annex 34.64 acres within the Bear
Creek Greenway.
RECOMMENDED MOTION:
I move to approve Resolution No. _____ to annex 34.64 acres located on property identified on
the Jackson County Assessor’s Map as 37S2W02D-TL 2001; 37S2W11A-TL 102 and 28100;
37S2W12B-TL 501 and 600; 37S2W12C-TL 301 and 805.
ATTACHMENTS:
1. Resolution to Annex (ANNEX-22002)
2. Exhibits A and B
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RESOLUTION NO.____________
A RESOLUTION TO ANNEX 34.64 ACRES,
LOCATED ON PROPERTY IDENTIFIED ON THE JACKSON COUNTY
ASSESSOR’S MAP AS 37S2W02D-TL 2001; 37S2W11A-TL 102 AND 28100; 37S2W12B-TL
501 AND 600; 37S2W12C-TL 301 AND 805.
APPLICANT: CITY OF CENTRAL POINT
File No. ANNEX-22002
RECITALS:
A. The Central Point City Council (the Council) is authorized under ORS 222.120 to hold a
public hearing for annexation proceedings without an election for annexation.
B. The City of Central Point owns six (6) tax lots and the City of Medford owns one (1) tax
lot (37S2W12B, Tax Lot 501) within the Bear Creek Greenway generally described by
Exhibit A, which are not located within the City of Central Point city limits. The City of
Medford is in the process of transferring ownership of Tax Lot 501 to the City of Central
Point. On October 20, 2022 the City of Medford City Council is scheduled to process a
Written Consent to Annex Tax Lot 501.
C. On October 13, 2022, the Council conducted a duly noticed public hearing on the
annexation application, at which time it reviewed the City staff report, heard testimony
and comments on the application to annex the 34.64 acres specifically described in
attached Exhibits “A” Legal Description and Exhibit “B” Annexation Map of Survey.
D. This annexation is a full consent annexation as the City of Central Point City Council
have consented to the annexation in Resolution No. 1722 and the City of Medford
intends to complete the Written Consent to Annex Tax Lot 501.
E. The City Manager, or designee, will transmit a copy of this resolution to the Oregon
Secretary of State upon receipt of the City of Medford’s Written Consent to Annex Tax
Lot 501. This annexation is effective when filed with the Oregon Secretary of State
pursuant to ORS. 222.180.
The City of Central Point resolves as follows:
Section 1: The properties within the Bear Creek Greenway, described in the above recitals
and set forth in attached Exhibits “A” and “B” is proclaimed to be annexed to the City of Central
Point.
Passed by the Council and signed by me in authentication of its passage this 13th day of
October, 2022.
_____________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: October 13, 2022
SUBJECT: First Reading - an Ordinance Amending in Part Central Point Municipal
Code Chapter 8.02 Regarding Chronic Nuisance Property and Chapter
8.45 Regarding Public Nuisance Remedy
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
In August, staff presented a discussion to Council regarding recommended revisions to the
city’s chronic nuisance ordinance. Council directed staff to proceed with significant revisions to
the Chronic Nuisance Ordinance in order to provide greater flexibility to address properties that
have multiple nuisance violations but fall outside the limited timeframe of the city’s existing code
and to update, reorganize and streamline the process for addressing such chronic nuisance
properties.
In general, under the existing code a chronic nuisance could only be declared if the property
was subject to two or more nuisance activities in a 30-day period. However, this prevented the
city from proceeding against a chronic nuisance property which might, for example, have 5
nuisance activities within a year, but does not meet the strict 30-day period. Under the revised
code language staff can consider properties with multiple nuisance activities over time frames
defined at 30-days, 120-days, and 365-days.
Additionally, staff recommended expanding the definition of a nuisance activity and to provide a
clear process for how to address chronic nuisance properties which includes developing a
chronic nuisance abatement plan.
FINANCIAL ANALYSIS:
Not Applicable.
LEGAL ANALYSIS:
The city attorney reviewed the options with council, and has reviewed and approved the draft
ordinance.
8.A
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COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority – Responsible Governance
GOAL 5 - Continue to develop and foster the city’s community policing program.
STRATEGY 1 – Build relationships with the community through interactions with local agencies,
stakeholders, and members of the public, creating partnerships and programs for reducing
crime and disorder.
STAFF RECOMMENDATION:
Consider the proposed ordinance and 1) forward the ordinance to second reading; or 2) make
revisions and forward the revised ordinance to second reading.
RECOMMENDED MOTION:
I move to second reading the Ordinance amending in part Central Point Municipal Code chapter
8.02 regarding chronic nuisance property and chapter 8.45 regarding public nuisance remedy to
second reading.
ATTACHMENTS:
1. Ordinance Amending Ch 8.02 Chronic Nuisance Property
8.A
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1 – Ordinance No. __________; (Council Meeting _____________, 2022)
ORDINANCE NO. _______
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE CHAPTER
8.02 REGARDING CHRONIC NUISANCE PROPERTY AND CHAPTER 8.45 REGARDING
PUBLIC NUISANCE REMEDY
Recitals:
A. Pursuant to CPMC, Chapter 1.01.040, the city Council, may from time to time make
revisions to its municipal code which shall become part of the overall document
and citation.
B. The city has authority to protect the health, safety and welfare of the community
and to abate violations of the Code which are declared to be a public nuisance
either through fines, requiring the owner to abate the nuisance or abating the
nuisance when the owner fails to do so. In addition, pursuant to the City’s Chronic
Nuisance Ordinance, the city can address repeated nuisances, when abatement of
a single nuisance is insufficient to protect the health, safety and welfare of the
community.
C. Upon review, staff determined that significant amendments to the Chronic
Nuisance Ordinance are recommended, in order to allow the city to address
chronic nuisances in a more efficient manner, including the ability to address
conditions or activities that create public nuisances over time, to clarify the
process by which such nuisances may be brought by the city and/or challenged
by the property owner, to better organize the code sections for easier review, and
to clarify miscellaneous items in the code.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.02 of the Central Point Municipal Code is hereby amended to add
section 8.02.000:
8.02.000 Intent and Purpose of Chronic Nuisance Ordinance.
(1) By virtue of its authority to protect the health, safety, and welfare of the community,
the city has the power to abate a violation of the Code declared to be a public
nuisance by imposing a fine on the owner of the property, requiring the owner to abate
the nuisance, or abating the nuisance if the owner fails to do so. However, the
abatement of a single nuisance is ineffective in protecting the health, safety, and welfare
of the community at large when conditions or activities related to the use of property
give rise to a series of public nuisances over time.
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2 – Ordinance No. __________; (Council Meeting _____________, 2022)
(2) A process to hold property owners and other persons in charge of property
accountable for adverse conditions and activities that repeatedly occur in connection
with the property is needed to help maintain and improve the quality of life in the city.
(3) Pursuant to the city’s authority to protect the health, safety, and welfare of the
community, this ordinance is enacted to establish the rights, duties, and procedures
necessary to hold property owners and other persons in charge of property accountable
for adverse conditions and activities that repeatedly occur in connection with the
property.
SECTION 2. Chapter 8.02.010 of the Central Point Municipal Code is hereby amended in part:
8.02.010 Definitions.
For purposes of this chapter, the following definitions apply:
“Chronic Nuisance Abatement Plan (CNAP)” means a plan required to be submitted by a
person in charge in response to a notice authorized under chapter 8.02.030 that includes
actions to abate, correct, or eliminate the occurrence of chronic nuisance activities on or
around the property. A CNAP may include, but is not limited to the following: actions to
remedy building code, fire code, property maintenance code, and nuisance code
violations; eviction of problem tenants responsible for causing chronic
nuisance activities; or hiring security guards to monitor the property. A CNAP shall
include an implementation timeline.
“Chronic nuisance property” means property on which: two or more nuisance activities (as
defined below) have occurred during any thirty-day period; property on which, or within two
hundred feet of, any person associated with the property has engaged in two or more nuisance
activities during any thirty-day period; or property which, upon request for execution of a
search warrant, has been the subject of a determination by a court that probable cause that
possession, manufacture, or delivery of a controlled substance or related offenses under
Oregon law have occurred within the previous thirty days; and the execution of the search
warrant has resulted in the discovery of such controlled substances and/or property on which
two or more citations for violations of the nuisance ordinance Chapter 8.04 have been served
on the owner, tenant, agent, guest or licensee of the property in any consecutive thirty-day
period.
(a) three or more nuisance activities have occurred during any 30-day period;
(b) four or more nuisance activities have occurred during any 120-day period;
(c) six or more nuisance activities have occurred during any 365-day period; or
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3 – Ordinance No. __________; (Council Meeting _____________, 2022)
(d) a court has issued a search warrant based upon probable cause that possession,
manufacture, or delivery of a controlled substance or related offenses as defined in
ORS 167.203, ORS 475.005 through ORS 475.285 and/or ORS 475.752 through 475.980 has
occurred within the previous thirty (30) days, and the execution of the search warrant
has resulted in the discovery of such controlled substances.
“Nuisance activities” means any of the following activities, behaviors or criminal conduct, as
defined under Oregon state law: harassment; intimidation; disorderly conduct; assault or
menacing; sexual abuse, contributing to the delinquency of a minor, or sexual misconduct;
public indecency; prostitution or related offenses; alcoholic liquor violations; theft; arson or
related offenses; possession, manufacture, or delivery of a controlled substance or related
offenses; illegal gambling; criminal mischief; any attempt to commit (as defined by
ORS 161.405), or conspiracy to commit (as defined by ORS 161.455), any of the above offenses;
unlawful discharge of a firearm; unlawful operation of sound-producing or reproducing
equipment or unnecessary noise.
“Nuisance Activities” means any of the following activities, behaviors, or criminal
conduct that occurs on or within 200 feet of a property:
(a) harassment as provided in ORS 166.065;
(b) intimidation as provided in ORS 166.155 through 166.165;
(c) disorderly conduct as provided in ORS 166.025 and/or Central Point Municipal Code
Chapter 9.50;
(d) assault as provided in ORS 163.160, ORS 163.165, ORS 163.175, ORS 163.185 and/or
Central Point Municipal Code Chapter 9.20;
(e) strangulation as provided in ORS 163.187;
(f) menacing as provided in ORS 163.190;
(g) recklessly endangering another person as provided in ORS 163.195;
(h) public and private indecency as provided in ORS 163.465 and ORS 163.467 and/or
Central Point Municipal Code Chapter 9.34;
(i) prostitution or related offenses as provided in ORS 167.007 through ORS 167.017
and/or Central Point Municipal Code Chapter 9.44;
(j) alcoholic liquor violations as provided in the Oregon Liquor Control Act;
(k) theft as provided in ORS 164.015 through 164.140;
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4 – Ordinance No. __________; (Council Meeting _____________, 2022)
(l) arson or related offenses as provided in ORS 164.315 through 164.335;
(m) possession, manufacture, or delivery of a controlled substance or related offenses as
provided in ORS 167.203, ORS 475.005 through 475.285, and ORS 475.752 through 475.980;
(n) illegal gambling as provided in ORS 167.118, ORS 167.122, and ORS 167.127;
(o) criminal mischief as provided in ORS 164.345 through 164.365;
(p) any attempt to commit (as defined by ORS 161.405), or conspiracy to commit (as
defined by ORS 161.455), any of the above offenses;
(q) marijuana-related offenses as provided in the Control and Regulation of Marijuana
Act (ORS 475B.010 through ORS 475B.395), the Oregon Medical Marijuana Act
(ORS 475B.400 through ORS 465B.525), or Central Point Municipal Code Chapter 8.45;
(r) hindering prosecution as provided in ORS 162.325;
(s) discharge of weapons or airguns as provided in Central Point Municipal Code Chapter
9.88 and 9.92.010;
(t) public urination as provided in Central Point Municipal Code Chapter 9.38.020;
(u) unnecessary noise as provided in Central Point Municipal Code Chapter 8.04.080;
(v) unlawful accumulation of junk as provided in Central Point Municipal Code
Chapter 8.04.035;
(w) failure to control dangerous dog as provided in Central Point Municipal Code
Chapter 6.08.040;
(x) maintaining prohibited animals as provided in Central Point Municipal Code Chapter
6.06; and
(y) nuisances affecting public health as set forth in chapter 8.04.040.
“Control” means the ability to regulate, restrain, dominate, counteract or govern conduct that
occurs on a property.
“Person in charge” means any person, in actual or constructive possession of a property,
including but not limited to an owner, tenant, or occupant of property under his or her
dominion, ownership or control.
“Permit” means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent
or agree to the commission of an act.
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5 – Ordinance No. __________; (Council Meeting _____________, 2022)
“Person” means any natural person, agent, association, firm, partnership or corporation
capable of owning, occupying or using property in the city of Central Point.
“Property” means any property, including land and that which is affixed, incidental or
appurtenant to land, including but not limited to any business or residential premises, room,
house, parking area, loading area, landscaping, building or structure or any separate part, unit
or portion thereof, or any business equipment, whether or not permanent. For property
consisting of more than one unit, property is limited to the unit or the portion of the property
on which any nuisance abatement has occurred or is occurring, but includes areas of the
property used in common by all units of property including without limitation other structures
erected on the property and areas used for parking, loading and landscaping.
“Person associated with” means any person who, on the occasion of a nuisance activity, has
entered, patronized, visited, or attempted to enter, patronize or visit, or waited to enter,
patronize or visit a property or person present on a property, including without limitation any
officer, director, customer, agent, employee, or any independent contractor of a property,
person in charge, or owner thereof.
SECTION 3. Chapter 8.02.020 of the Central Point Municipal Code is hereby amended in part:
8.02.020 Violation.
A. Any property within the city of Central Point which is a chronic nuisance property is in
violation of these provisions and subject to the remedies prescribed herein.
B. Any person in charge who permits property to be a chronic nuisance property shall be in
violation of these provisions and subject to the remedies prescribed herein.
C. The following actions constitute a violation of this ordinance:
(1) failing to submit a CNAP as required by chapter 8.02.035.A;
(2) failing to submit an approved CNAP as required by chapter 8.02.035D;
(3) failing to implement the CNAP in accordance with the timeline and terms set forth
within the plan as required by chapter 8.02.035.E; or
(4) a report of an additional nuisance activity at the property after service of the notice
described in chapter 8.02.030.
D. A violation of subsection C of this section constitutes a violation. Every day in which
the violation exists constitutes a separate violation.
SECTION 4. Chapter 8.02.030 of the Central Point Municipal Code is hereby amended in part:
8.A.a
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6 – Ordinance No. __________; (Council Meeting _____________, 2022)
8.02.030 Procedure--Notice.
A. When the chief of police receives a police report documenting the occurrence of a nuisance
activity on or within two hundred feet of a property within the city, the chief or the chief’s
designee shall independently review such reports to determine whether they describe any acts
enumerated under nuisance activities above. Following such review, the chief may shall notify
the person in charge in writing that the property is in danger of becoming is a chronic nuisance
property. The notice shall contain the following information:
1. The street address or a legal description sufficient for identification of the property.
2. A statement that the chief or designee has information determined that the property
may be is a chronic nuisance property, with a concise description of the nuisance
activities upon which the statement is based. that may exist or that have occurred. The
chief shall offer the person in charge an opportunity to propose a course of action that
the chief agrees will abate the nuisance activities giving rise to the violation.
3. Demand that the person in charge respond to the chief within ten days to discuss the
nuisance activities.
B. After notification of nuisance activities to a person in charge, when the chief receives a police
report documenting the occurrence of a second nuisance activity at or within two hundred feet
of a property and determines that the property has become a chronic nuisance property, the
chief shall notify the person in charge in writing that the property has been determined to be a
chronic nuisance property. The notice shall contain the following information:
1. The street address or legal description sufficient for identification of the property.
2. A statement that the chief has determined the property to be a chronic nuisance
property with a concise description of the nuisance activities leading to his findings.
3. Demand that the person in charge respond within ten days to the chief and propose a
course of action that the chief agrees will abate the nuisance activities giving rise to the
violation.
4. Service shall be made either personally or by first class mail, postage prepaid, return
receipt requested, addressed to the person in charge at the address of the property, or
such other place which is likely to give the person in charge notice of the determination by
the chief.
5. A copy of the notice shall be served on the owner at such address as shown on the tax
rolls of the county, and/or the occupant at the address of the property, if these persons
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7 – Ordinance No. __________; (Council Meeting _____________, 2022)
are different than the person in charge, and shall be made either personally or by first
class mail, postage prepaid.
6. A copy of the notice shall also be posted at the property if ten days have elapsed from
the service or mailing of the notice to the person in charge and the person in charge has
not contacted the chief.
7. The failure of any person to receive notice that the property may be a chronic nuisance
property shall not invalidate or otherwise affect the proceedings under these provisions.
3. A statement that the person in charge shall submit a CNAP to the Chief or
designee within ten (10) days from the date the notice was personally served or
mailed.
4. Service shall be made either personally or by certified mail-restricted delivery,
addressed to the person in charge at the address of the property, or such other
place which is reasonably calculated, under all the circumstances, to notify the
person in charge of the city’s determination. A copy of the notice shall be served on
the owner of the property at such address shown on the tax rolls of the county, if
that person is different than the person in charge, and shall be made either
personally or by certified mail-restricted delivery.
5. At or near the same time of the delivery of the notice set forth in subsection (4),
the city shall post a copy of the notice at the property.
C. If after the notification, but prior to the commencement of legal proceedings by the city
pursuant to these provisions, a person in charge stipulates with the chief that the person in
charge will pursue a course of action the parties agree will abate the nuisance activities giving
rise to the violation, the chief may agree to postpone legal proceedings for a period of not less
than ten nor more than thirty days.
D. B. Concurrent with any notification procedures set forth above, the chief shall send copies of
the notice, as well as any other documentation which supports legal proceedings against the
property, to the city attorney.
E. C. When a person in charge makes a response to the chief, any conduct or statements made
in connection with the furnishing of that response shall not constitute an admission that any
nuisance activities have or are occurring. This section does not require the exclusion of any
evidence which is otherwise admissible or offered for any other purpose.
SECTION 5. Chapter 8.02 of the Central Point Municipal Code is hereby amended in part to
add section 8.02.035.
8.02.035 Chronic Nuisance Abatement Plan
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8 – Ordinance No. __________; (Council Meeting _____________, 2022)
A. A person in charge shall respond to the Chief or designee within ten (10) days of the
date the notice described in chapter 8.02.030 was served by submitting a CNAP
describing the actions that the person in charge will take to abate, correct, or eliminate
the occurrence of chronic nuisance activities.
B. The Chief or designee shall review the CNAP submitted by the person in charge and
shall approve or deny it in writing within ten (10) days of it being submitted.
C. The Chief or designee shall approve the plan if it is determined that the actions
proposed are likely to substantially decrease the incidence of chronic nuisance activities
on or around the property.
D. In the event the CNAP is denied, the reasons for the denial shall be included and the
person in charge shall have ten (10) days to resubmit a plan for approval.
E. After the Chief or designee approves a CNAP, the person in charge shall implement it
in accordance with the timeline and terms set forth within the CNAP.
SECTION 6. Chapter 8.02.040 of the Central Point Municipal Code is hereby amended in part:
8.02.040 Commencement of action—Remedies & Defenses.
A. The city council may, by resolution after affording the person in charge of the property an
opportunity to be heard before the council, authorize the city attorney to commence legal
proceedings in a court of competent jurisdiction to enjoin or abate chronic nuisance property
and to seek closure, the imposition of civil penalties against any or all of the persons in charge
thereof, and any such other relief deemed appropriate. Proof shall be by a preponderance of
the evidence.
A. If the person in charge fails to submit and implement a CNAP as required, or the
approved CNAP does not result in the abatement of the chronic nuisance activity, the
city manager may refer the matter to the city attorney to commence legal proceedings
to seek closure of the property, the imposition of civil penalties, and any such other
relief deemed appropriate. The action shall be brought in any court of competent
jurisdiction, including the City of Central Point Municipal Court. The court may award
attorney fees to the prevailing party.
B. The action shall be commenced by the filing of a complaint alleging facts constituting
the nuisance activities, and containing a legal description of the property involved and
an allegation that the owners of record of the property have been notified of the facts
giving rise to the alleged nuisance activities at least ten (10) days prior to the filing of the
action with the court.
C. The complaint shall be served as provided in Oregon Rules of Civil Procedure (ORCP) 7.
No service need be made prior to an application for a temporary restraining order,
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9 – Ordinance No. __________; (Council Meeting _____________, 2022)
provided the procedures of ORCP 79B are followed with regard to all persons entitled to
service under this section.
B.D. If, after the commencement but prior to the trial of any action or suit brought by the city, a
person in charge of chronic nuisance property stipulates with the city that he or she will pursue
a course of action the parties agree will abate the nuisance activities giving rise to the violation,
the city may agree to stay proceedings for a period of not less than ten (10) nor more than sixty
(60) days, except in the case of nuisance activity involving drugs where a search warrant was
executed at the property. The person in charge or the city may thereafter petition the court for
such additional periods of time as may be necessary to complete the action(s) to abate the
nuisance activities. However, in the event that the city reasonably believes the person in charge
of a property is not diligently pursuing the action(s) necessary to abate the nuisance activities,
the city may apply to the court for release from the stay and may seek such relief as is deemed
appropriate.
E. If the existence of the nuisance is established in the action, an order of abatement
shall be entered as part of the judgment in the case. The order may contain any or all of
the following remedies:
1. Order that the property be closed and secured against all access, use, and
occupancy for a period of not less than six (6) months, nor more than one (1) year.
The court shall retain jurisdiction during any period of closure. The person in
charge may petition the court for an order reducing the period of closure if the
person in charge and the city stipulate that the nuisance has been and will
continue to be abated. The court shall not include provisions for the closing of the
premises under the provisions of this subsection unless that relief is specifically
requested in the complaint.
2. Impose a civil penalty of up to $250 per day for each day nuisance activities
occurred on the property following notice.
3. Any other relief prayed for and deemed appropriate.
F. A property shall no longer be determined to be a chronic nuisance property either
after the passage of one year from the date of the last reported chronic nuisance activity
or the date the chronic nuisance abatement plan was approved, whichever is later.
G. The city shall have the initial burden of proof to show by a preponderance of the
evidence that the property is a chronic nuisance property.
C. H. It is an affirmative defense to an action for chronic nuisance property that the person in
charge at all material times could not, in the exercise of reasonable care or diligence, determine
that the property had become chronic nuisance property, or could not, in spite of the exercise
of reasonable care and diligence, control the conduct leading to the determination that the
property is chronic nuisance property.
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10 – Ordinance No. __________; (Council Meeting _____________, 2022)
D. In the event a court determines property to be chronic nuisance property, the court shall
order that the property be closed and secured against all access, use and occupancy for a
period of not less than six months, nor more than one year. The court shall retain jurisdiction
during any period of closure. The person in charge may petition the court for an order reducing
the period of closure if the person in charge and the city stipulate that the nuisance has been
and will continue to be abated.
E. If a property is found to be chronic nuisance property, the person in charge of the chronic
nuisance property is subject to a civil penalty of up to one hundred dollars per day for each day
nuisance activities occurred on the property following notice.
F.I. In establishing the amount of any civil penalty requested, the court may consider any of the
following factors and shall cite those found applicable:
1. The actions taken by the person in charge to mitigate or correct the nuisance activities
at the property;
2. The financial condition of the person in charge;
3. Whether the problem at the property was repeated or continuous;
4. The magnitude or gravity of the problem;
5. The cooperativeness of the person in charge with the city;
6. The cost of the city of investigating and correcting or attempting to correct the nuisance
activities; and
7. Any other factor deemed by the court to be relevant.
G.J. The provisions of this chapter 8.02 are separate and distinct remedies from those
specified in Central Point Code chapters 8.01, and 8.03 through 8.45. Nothing in these
provisions shall require any conviction for criminal activities prior to the commencement of any
action provided herein.
SECTION 7. Chapter 8.02.060 of the Central Point Municipal Code is hereby amended in part:
8.02.060 Enforcement—Costs and Attorney Fees.
A. The court may authorize the city to physically secure the property against all access, use or
occupancy in the event that the person in charge fails to do so within the time specified by the
court. In the event that the city is authorized to secure the property, all costs reasonably
incurred by the city to physically secure the property shall be paid to the city by the person in
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11 – Ordinance No. __________; (Council Meeting _____________, 2022)
charge and may be included in the city’s money judgment. As used in this section, “costs”
means those costs actually incurred by city for physically securing the property, as well as
tenant relocation costs pursuant to this section. The judgment shall also include an award
of the city’s other costs and disbursements and attorney fees, if applicable.
B. The city department(s) physically securing the property shall prepare a statement of costs
and the city shall thereafter submit that statement to the court for its review. If no objection to
the statement is made within the period prescribed by Oregon Rule of Civil Procedure 68, the
statement of costs shall be included in the city’s money judgment.
C. Judgments imposed by this chapter shall bear interest at the rate of nine percent per year
from the date the judgment is entered.
D. Any person who is assessed the costs and disbursements and/or attorney fees under this
chapter of physically securing the property by the court shall be personally liable for the
payment thereof to the city.
E. The person in charge shall pay reasonable relocation costs of a tenant as defined by
ORS 90.100(31) as determined by the court if, without actual notice, the tenant moved into
the property after either:
1. A person in charge received a notice from the chief or chief’s designee determination
that the property may be has become a chronic nuisance property; or
2. A person in charge received notice of an action brought was served with a complaint
to close a chronic nuisance property.
SECTION 8. Chapter 8.45.040 of the Central Point Municipal Code is hereby amended in part:
8.45.040 Public nuisance remedy.
A. Any household, housing unit, premises, property, building, structure or place of any kind
where medical or homegrown marijuana is grown, processed, manufactured, bartered,
distributed or given away in violation of state law or this chapter, or any place where medical or
homegrown marijuana is kept or possessed for sale, barter, distribution or gift in violation of
state law or this chapter, is a public nuisance per Chapter 8.04.
B. In addition to the foregoing, two or more violations in a thirty-day period may be deemed a
chronic nuisance property subject to the provisions of Chapter 8.02.
C. In addition to any remedies provided in Chapters 8.02 and 8.04, the city may institute an
action in municipal or circuit court in the name of the city to abate, and to temporarily and
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12 – Ordinance No. __________; (Council Meeting _____________, 2022)
permanently enjoin, such nuisance. The court has the right to make temporary and final orders
as in other injunction proceedings. The city shall not be required to give bond in such an action.
SECTION 9. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 10. 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
_________________ 2022.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: October 13, 2022
SUBJECT: Rogue Disposal CPI Request & Calculation 2022
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
The Franchise Agreement between the City of Central Point and Rogue Disposal allows
for an annual consumer price index (CPI) rate adjustment. The City must review any
adjustment proposal to ensure mathematical accuracy and compliance with all franchise
agreement provisions. Having reviewed Rogue Disposal & Recycling's proposed
(August 31, 2022) 8.5% rate increase proposal and the current franchise agreement
requirements, I have found the proposed increase to be both accurate and compliant
with the current franchise agreement language.
The specific calculation required by the franchise agreement includes measuring the
CPI from July 2021 to July 2022, which increased from 273.00 to 296.3, or 8.5%.
Additionally, the calculated CPI is multiplied towards non-disposal costs by 70% and
then added to the increase in disposal costs (also 8.5%) and multiplied by 30%.
Thus:
CPI = (296.3-273.00)/273.00 = 8.5%
(8.5% x .7 (non-disposal)) + (8.5% x .3 (disposal) = 8.5%
Adjusted Rate Category Rate (ARCR) calculation for single curbside can residential:
$22.57 (current rate) x 8.5% =$1.92
$22.57 + $1.92 = $24.49 (ARCR) beginning 1/1/2023
FINANCIAL ANALYSIS:
9.A
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The proposed 8.5% CPI rate adjustment has the following impact on Central Point
residential customers beginning January 1, 2023:
35-gallon cart @ curb $24.49/per month.
65-gallon cart @ curb $41.07/per month.
95-gallon cart @ curb $57.65/per month.
*Commercial and specialty rate information is included in the attached rate schedule.
LEGAL ANALYSIS:
7.5 Annual Adjustment of Approved Service Rate Schedule
(Current Franchise Agreement Language).
On each Anniversary Date (other than an Anniversary Date that is immediately
preceded by a Fifth Anniversary Rate Review), commencing with the Anniversary
Date that falls on January 1, 1998, there shall be an annual adjustment of the
Approved Service Rate Schedule pursuant to and in accordance with this Section
7.5. If the City and the Contractor agree, the annual adjustment pursuant to this
Section 7.5 may be waived for any year.
Unless such annual adjustment for a given year is waived by the Contractor and
the City, the Contractor shall be required to deliver to the City, not less than 120
days prior to such Anniversary Date, a detailed calculation of the adjustment to
each Rate Category Rate in the Approved Service Rate Schedule then in effect
calculated in accordance with the Annual Rate Adjustment Formula set forth in this
Section 7.5, together with all supporting information. The City Administrator shall
review such information and not less than 90 days prior to the related Anniversary
Date, the City shall inform the Contractor as to whether or not it agrees with the
Contractor's calculation of such adjustment. The City shall specify to the
Contractor in writing the particulars of any disagreement with the Contractor's
calculation of such adjustment, and the City and Contractor shall meet in order to
resolve any such differences. Effective as of each Anniversary Date for which an
annual adjustment is made pursuant to this Section 7.5, each Rate Category Rate
in the Approved Service Rate Schedule shall be adjusted in accordance with the
Annual Rate Adjustment Formula set forth in this Section 7.5.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority – Responsible Governance
GOAL 1 - Maintain a strong financial position that balances the need for adequate
service levels and capital requirements against the affordability that is desired by our
citizens.
9.A
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STAFF RECOMMENDATION:
1. Provide additional comments to Rogue Disposal and Recycling on their proposed
annual CPI rate adjustment.
2. Approve Rogue Disposal and Recycling's proposed annual CPI rate adjustment.
RECOMMENDED MOTION:
I move to approve Rogue Disposal and Recycling's 2022 proposed CPI rate adjustment
of 8.5%.
ATTACHMENTS:
1. Rogue Disposal CPI Request & Calculation 2022
9.A
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RE:
roguedisposal.com
August 3L,2022
Mr. Christopher Clayton
City Administrator
City of Central Point
140 South 3'd Street
Central Point, OR 97502
City of Central Point Solid Waste Collection Franchise Agreement Sec. 7.5
Our File No: RET ll 13A
Dear Mr. Clayton:
Paragraph 7.5 of the Solid Waste Collection Franchise Agreement (Franchise) between
the City of Central Point (City) and Rogue Disposal & Recycling, lnc., (Rogue), provides for
an annual adjustment of the approved service rate schedule based on the change in the
Consumer Price lndex (CPl) during the previous year. Please accept this letter as Rogue's
implementation of the 7.5 provisions. Set forth below is Rogue's detailed calculation of
the adjustment to each "Rate Category Rate" (RCR) in the improved service rate schedule,
then in effect, calculated in accordance with the Annual Rate Adjustment Formula set
forth under Section 7.5.
The CPI change between July 2021. {273.0) and July 2022 (296.3) equals a percentage
change of 8.5%. The annual disposal increase was also 8.5%. Please see enclosed table
taken from the Bureau of Labor Statistics Data setting forth the Consumer Price lndex-All
Urban Consumers for years 2O2L and 2022.
The percentage increase will be a Non-Disposal adjustment atTO% of CPl, plus the
Disposal adjustment percentage al3O%. This is calculated as follows:
(8.5% x .7) + (8.5% x .3) = 9.57o
oNE WEST MAtN SUrTE 40t MEDFORD, OREGON 97501 .541.779.4t6t
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Accordingly, under the Annual Rate Adjustment Formula, the service rate for a particular
rate category is multiplied by 8.5% plus the current service rate which equals the
"Adjusted Rate Category Rate" (ARCR), calculated as follows:
For exa mple, residentia I garbage/cu rbside recyclin g-one-ca n cu rrent rate of 522'57
renders the following adjustment:
522.57 x8.5% (% increasel = $r.92
Thus, the rate as of Janua ry L,2023 adjusted for the 8.5% percentage increase equals:
522.s7 + $L.92 = 524.49 (ARCR)
I have enclosed a copy of Exhibit "D" Schedule of Approved Maximum Monthly Collection
Rates for City of Central Point, effective January L,2022, which sets forth the current RCR.
The new rates reflecting the ARCR are attached hereto as Exhibit "C", amended as of
January 1.,2023.
Under the Franchise, the City has 30 days to review this calculation. After review of this
information, please inform me as to whether you agree that the calculations set forth
herein are accurate. I can be reached on my direct line at 54L.494'5409.
As required by the Franchise, 30 days written notice (this includes electronic notice for
our customers who have opted for "paperless" communication) will be provided to
customers of all rate changes. ln an effort to proceed with this rate change as
environmentally and cost effectively as possible, our goal is to use statement inserts (as
well as electronic notices) to notify customers of this rate change in our October 31"
billing. Timing wise, to enoble us to do this, we would osk thot ony colculotion questions
you moy have be submitted to us by Friday, September 30,2022'
We value and appreciate our partnership with you in providing excellent and affordable
solid waste and recycling solutions to the members of our community.
Thank you,
Brenda B. O n
Director, Ope Services
Rogue Disposal & Recycling, lnc.
9.A.a
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GONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE
July 2022
(All items indexes. 1982-84=100 unless otherwise noted. Not seasonally adjusted.)
MONTHLY DATA
West - Size Class A1......
West - Size Class B/C2..
Mountain3.. . .
Pacific3. . . . . . . .
Los An Beach-Anaheim
BI-MONTHLY DATA
(Published for odd months)
Riverside-San Bernardino-Ontario, CA
San Diego-Carlsbad, CA.
Urban Hawaii................
BI-MONTHLY DATA
(Published for even months)
Urban Earners and cal Workers
Percent
Percent Cha
Percent e
1 Month
endin
Jul
2022
-0.1
0.1
-0.1
0.2
0.4
-0.1
-0.4
2 Months
Jul
2022
2 Months
end
1.0
1.2
1.1
3.4
1.9
3.4
5.7
Jun
2022
Phoen ix-Mesa-Scottsdale,
San Francisco-Oakland-Hayward, CA...............
Seattle-Tacoma-Bellevue, WA...............
Urban Alaska
1 Population over 2,500,000 2 Population 2,500,000 and under, Dec 1996 = 100 3 Dec 2017='lQO 4 Dec 2001 =100
NOTE: ln January 2018, BLS introduced a new geographic area sample for the Consumer Price lndex (CPl): www.bls.gov/regions/wesUfactsheeU20lscpirevisionwest.pdf
Release date August 10,2022. The next release date is scheduled for September 13,2022. For questions, please contact us at BLSinfoSF@bls.gov or (415) 625-2270.
153.672
309.497
296.573
239.296
Jun
2021
114.682
323.906
298.820
Jul
2021
273.O03
289.863
297.881
169.267
113.562
112.297
290.890
Jul
2021
167.396
324.878
316.525
251.041
Apr
2022
123.893
343.502
317.207
May
2022
296.311
313.496
322.591
182.790
123.933
121.046
314.072
Jun
2022
172.643
330.539
326.656
268.916
Jun
2022
lndexes
125.262
347.462
31 9.1 97
Jul
2022
lndexes
296.276
313.951
322.703
183.277
124.452
121.095
313.415
Jul
2022
lndexes
11.0
5.0
9.1
7.5
Apr
2022
9.4
8.3
7.0
May
2022
9.'1
8.8
8.9
8.5
9.9
8.3
8,6
Jun
2022
12.3
6.8
10.1
12.4
Jun
2022
Year
ending
9.2
7.3
6.8
Jul
2022
Year
endinq
8.5
8.3
8.3
8.3
9.6
7.8
7.7
Jul
2022
Year
endinq
3.1
1.7
3.2
7.1
Jun
2022
2 Months
endinq
Percent Chanqe
1.1
1.2
0.6
Jul
2022
2 Months
endino
Percent Chanqe
-0.2
0.0
0.0
0.1
0.0
0.3
0.4
Jul
2022
'1 Month
endinq
Percent Chanqe
All Urban Consumers (CPl-U)
152.744
304.971
293.607
237.705
Jun
2021
115.129
307.737
296.723
Jul
2021
267.789
282.738
289.069
169.901
114.427
113.192
282.271
Jul
2021
167.209
322.021
310.928
251.441
Apr
2022
124.853
327.997
314.884
May
2022
292.542
307.063
314.046
184.457
125.518
122.522
305.577
Jun
2022
172.827
328.137
321.626
265.859
Jun
2022
lndexes
126.084
331.914
318.257
Jul
2022
lndexes
292.219
307.269
313.747
184.879
126.047
122.454
304.441
Jul
2022
lndexes
11.5
6.5
8.5
7.7
Apr
2022
LB
9.2
6.9
May
2022
9.8
9.2
9.3
9.1
10.4
8.8
8.9
Jun
2022
13.1
7.6
9.5
11.8
Jun
2022
Year
ending
9.5
7.9
7.3
Jul
2022
Year
endinq
9.1
8.7
8.5
8.8
10.2
8.2
7.9
Jul
2022
Year
ending
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EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING,INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2023
Residential Collection
Garbage/Curbside Recycling
35 gallon cart @ curb (1 can service)
65 gallon cart @ curb (2 can service)
95 gallon cart @ curb (3 can service)
Each Additional Can Serviced Weekly
Extra 32 gallon Can or Bag On Route
Special Pick-up - Non-Garbage Customer
Recycling Cart - Non-Garbage Customer
Green Waste Cart - Garbage Customer
Green Waste Cart - Non-Garbage Customer
$
$
$
$
$
$
$
$
$
24.49
41.07
57.65
16.58
6.12
20.79
7.26
9.35
12.01
Per month
Per month
Per month
Per month
Each
Each
Per month
Per month
Per month
Gommercial (Front-Load)
Gommercial Gommingle Recycling (Front-Load)
Mo Front-Load Rates Gontainer size and
Container size and F
28.96 $ 36.46 $
12.33
17.29
of Pic
of Picku
$
49.24 $
17.75 $
64.17 $
21.47 $
141.43
51.40 $
184.38
66.35
Gommercial Commingle Recycling (Bins)
65 gallon cart @ curb (2 can service) $
95 gallon cart @ curb (3 can service) $
11t2YD 2YD 3YD 4YD 6YD 8YDI x Week $ 164.12 $ 213.89 $ 253.41 $ 328.08 $ 471.42 $ 614.61
2 x Week $ 265.81 s 344.67 s 477.66 $ 608.41 $ 851.49 $ 1,092.29
3 x Week $ 384.17 $ 490.11 $ 683.22 $ 861.80 $ 1,299.97 $ 1,738.18
4 x Week $ 502.51 $ 616.74 s 874.28 $ 1.167.09 $ 1,709.04 $ 2.253.20
5 x Week $ 600.17 $ 743.37 $ 1.094.41 $ 1.447.39 s 2.122.36 s 2.797.22
6 x Week $ 681.13 $ 890.92 $ 1.299.97 $ 1.725.71 $ 2.533.49 $ 3.341,36
Extra o/u $ 59.18 $ 71.59 $ 96.54 $ 121 .53 $ 171.32 s 221.14
11t2YD 2YD 4 6YD 8YD
I x Week
Extra
lndustrial (Roll-off)
DROP BOX SERVICE RATES
stzE
10 Yard Box (rate per haul)
20 Yard Box (rate per haul)
27 Yard Box (rate per haul)
30 Yard Box (rate per haul)
33 Yard Box (rate per haul)
40 Yard Box (rate per haul)
50 Yard Box (rate per haul)
RATE PER LOADLOOSE COMPACT
560.62
951.70
DAILY RENT
$ 334.s2 $$ 502.88 $$ 620.96 $$ 670.80 $$ 718.49 $$ 870.33 $$ 1,088.36 $
PERM
$ 3.57 $$ 4.47 $$ 5.33 $$ 5.33 $$ 5.33 $$ s.33 $$ 5.33 $
TEMP
7.13
8.90
10.70
10.70
't0.70
10.70
10.70
9.A.a
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EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2023
Residential Collection Miscellaneous Charges
$ 34.36 Exchange Roll Cart
$ 2.83 32 Gal Can Extra GW Pick-UP
$ 1.95 Extra GW Cart Rent Per Month
$ 3.73 On Call Extra GW Cart Pick-uP
$ S.ZC Recycle Bin Not Returned
$ 5.36 For Each Addtl Resident Roll Cart
$ 31.69 Off Route Charge
$ 76.49 35 Gal Lost Cart Replacement
$ 88.98 65 Gal Lost Cart Replacement
$ 112.09 95 Gal Lost Cart Replacemenl
$ 8.00 CarVCan not at Curb (per Month)
8.35
142.34
62.26
60.32
83.27
92.51
46.26
17.78
35.58
35.s8
5.61
Long Driveway with Cart (per Month)
Misc. Labor (Truck and Driver) per Hour
Misc. Labor (Helper) per Hour
Small Quantity Pgm - 5 Pre-Paid Bags
Small Quantig Pgm - 10 Pre-Paid Bags
1st Appliance
Ea. Additional Appliance
Tire - Passenger
Tire - Truck
Misc. Loose Waste - Per Yard
Ghristmas Tree - Per 3 Ft Section
Commercial Collection Special Charges
$ 35.58 Per month temporary container rental
$ 35.58 Per month temporary cardboard only; waived if minimum piu every other week
$ 46.26 Trip charge/Pull fee
$ 71.17 Cleaning
$ 71.17 Deposit
$ 71.17 Pickup & Delivery
$ 21.37 Pull Out from 30-90 ft (multiply by p/u per week)
$ 16.01 Key Acct$ 8.90 Per month auto lock container
$ 28.47 Lock replacement
$ 144.10 6 yd. or under FL compactor cleaning fee Deliver Pickup
$ 155.87
$ 176.64
$197.42
$ 140.51
$ 160.60
$120.42
Bin for a day - 5 yard - 24 hours 1 DumP
Bin for a week-end - 5 yard - 48 hours 1 Dump
Bin for 72 hours - 5 yard - 1 Dump
Yard debris bin for a week-end - 5 yard 1 Dump
Yard debris bin lor 72 hours - 5 yard 1 Dump
Yard debris bin for a day - 5 yard - 24 hours 1 Dump
Fri
1 st day
Fri
1 st day
Mon am
4th day
Mon am
4th day
lndustrial Special Charges
$ 47.52 Compactor - Per Yard Under 20 Yds
$ 43.98 Compactor - Per Yard 20 Yds and Over
$ 158.37 Compactor Cleaning
$ 46.26 Trip Charge(move box @ location) / Turn Around Charge
$ 149.47 Haul Fee - Asbestos Box (Requires special per yard disposal charge)
$149.47 Wood Box Haul Fee
$ 3.57 Per Mile, starting after border boundary
$ 35.58 Car tire in drop box
$ 53.36 Truck tire in droP box
$ 92.51 Haul Fee to haul appliance from landfill to transfer station
Medical Waste
$ 26.67 1 Gallon container (Residential)
$ 33.29 2 Gallon container (Residential)
48.36 15 Gallon SterLBox (Commercial Pick-Up)
64.10 34 Gallon Steri-Box (Commercial Pick-Up)
59.35 21 Gallon Steri-Tub (Commercial Pick-Up)
71.05 48 Gallon Steri-Tub (Commercial Pick-Up)
$
$
$
$
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EXHIBIT D
CIry OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFEGTIVE JANUARY 1, 2022
Residential Collection
Garbage/Curbside Recycling
35 gallon cart @ curb (1 can service)
65 gallon cart @ curb (2 can service)
95 gallon cart @ curb (3 can service)
Each Additional Can Serviced Weekly
Extra 32 gallon Can or Bag On Route
Special Pick-up - Non-Garbage Customer
Recycling Cart - Non-Garbage Customer
Green Waste Cart - Garbage Customer
Green Waste Cart - Non-Garbage Customer
22.57
37.86
53.14
15.28
5.64
19.16
6.69
8.62
11.07
Per month
Per month
Per month
Per month
Each
Each
Per month
Per month
Per month
Commercial (Front-Load)
Gommercial Commingle Recycling (Front-Load)
Front.Load Rates Container size and
Container size and
26.69 $
90.71
33.60
11.36
15.94
of
$
45.38 $
16.36 $
59.14 $
19.79 $
of Pic
130.35
47.37
169.94
61.15$$
Commercial Gommingle Recycling (Bins)
65 gallon cart @ curb (2 can service) $
95 gallon cart @ curb (3 can service) $
11t2YD 2YD 3YD 4YD 6YD 8YD
1 x Week $ 151.26 $ 197.13 $ 233.56 $ 302.38 $ 434.49 $ 566.46
2 x Week $ 244.99 $ 317.67 $ 440.24 $ 560.75 $ 784.78 $ 1.006.72
3 x Week $ 354.07 $ 451.71 $ 629.70 $ 794.29 $ 1.198.13 $ 1.602.01
4 x Week $ 463.14 $ 568.42 s 805.79 $ 1,075.66 $ 1,575.15 $ 2.076.68
5 x Week $ 553.15 $ 685.13 $ 1.008.67 $ 1,334.00 $ 1,956.09 $ 2,578.08
6 x Week $ 627.77 $ 821.12 $ 1 .'t 98.1 3 $ 1.590.52 $ 2,335.01 $ 3,079.59
Extra p/u $ 54.54 $ 65.98 $ 88.98 $ 112.01 $ 157.90 $ 203.82
11t2YD 2YD 4YD 6YD 8YD
x k
lndustrial (Roll-off)
DROP BOX SERVICE RATES
stzE
10 Yard Box (rate per haul)
20 Yard Box (rate per haul)
27 Yard Box (rate per haul)
30 Yard Box (rate per haul)
33 Yard Box (rate per haul)
40 Yard Box (rate per haul)
50 Yard Box (rate per haul)
RATE PER LOADLOOSE COMPACT
DAILY RENTPERM TEMP$ 3.29 $ 6.57
$ 412 $ 8.20$ 4.e1 $ 9.86
$ 4.91 $ 9.86$ 4.91 $ 9.86
$ 4.91 $ 9.86$ 4.91 $ 9.86
$ 308.31 $$ 463.48 $$ 572.31 $$ 618.25 $$ 662.20 $$ 802.15 $$ 1,003.10 $
516.70
877.14
9.A.a
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EXHIBIT D
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2022
Residential Collection Miscellaneous Charges
$ 31.67 Exchange Roll Cart
$ 2.61 32 Gal Can Extra GW Pick-UP
$ 1.80 Extra GW Cart Rent Per Month
$ 3.44 On Gall Extra GW Cart Pick-uP
$ 8.52 Recycle Bin Not Returned
$ 4.94 For Each Addtl Resident Roll Cart
$ 29.21 Off Route Charge
$ 70.50 35 Gal Lost Cart Replacement
$ 82.01 65 Gal Lost Cart Replacement
$ 103.31 95 Gal Lost Cart Replacement
$ 7.37 CarVCan not at Curb (per Month)
$
$
$
$
$
$
$
$
$
$
$
7.70
131.19
57.38
55.59
76.75
85.26
42.64
16.39
32.79
32.79
5.17
Long Driveway with Cart (per Month)
Misc. Labor (Truck and Driver) per Hour
Misc. Labor (Helper) per Hour
Small Quantity Pgm - 5 Pre-Paid Bags
Small Quantity Pgm - 10 Pre-Paid Bags
1st Appliance
Ea. Additional Appliance
Tire - Passenger
Tire - Truck
Misc. Loose Waste - Per Yard
Christmas Tree - Per 3 Ft Section
Gommercial Gollection Special Charges
$ 32.79 Per month temporary container rental
$ 32.79 Per month temporary cardboard only; waived if minimum p/u every other week
$ 42.64 Trip charge/pull fee
$ 65.59 Cleaning
$ 65.59 DePosit
$ 65.59 Pickup & Delivery
$ 19.70 Pull Out from 30-90 ft (multiply by p/u per week)
$ 14.76 KeyAcct$ 8.20 Per month auto lock container
I 26.24 Lock replacement
$ 132.81 6 yd. or under FL compactor cleaning fee Deliver Pickup
$ 143.66
$ 162.80
$ 181.95
$ 129.50
$ 148.02
$ 110.99
Bin for a day - 5 yard - 24 hours 1 DumP
Bin for a week-end - 5 yard - 48 hours 1 Dump
Bin lor 72 hours - 5 yard - 1 DumP
Yard debris bin for a week-end - 5 yard 1 Dump
Yard debris bin lor 72 hours - 5 yard 1 Dump
Yard debris bin for a day - 5 yard - 24 hours 1 Dump
Fri
1 st day
Fri
1 st day
Mon am
4th day
Mon am
4th day
lndustrial Special Charges
$ 43.80 Compactor - Per Yard Under 20 Yds
$ 40.53 Compactor - Per Yard 20 Yds and Over
$ 145.96 Compactor Cleaning
$ 42.64 Trip Charge(move box @ location) / Turn Around Charge
$ 137.76 Haul Fee - Asbestos Box (Requires special per yard disposal charge)
$137.76 Wood Box Haul Fee
$ 3.29 Per Mile, starting after border boundary
$ 32.79 Car tire in drop box
$ 49.18 Truck tire in droP box
$ 85.26 Haul Fee to haul appliance from landfill to transfer station
Medical Waste
$ 24.58 1 Gallon container (Residential)
$ 30.68 2 Gallon container (Residential)
44.57 15 Gallon Steri-Box (Commercial Pick-Up)
59.08 34 Gallon Steri-Box (Commercial Pick-Up)
54.70 21 Gallon Steri-Tub (Commercial Pick-Up)
65.48 48 Gallon Steri-Tub (Commercial Pick-Up)
$
$
$
$
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: October 13, 2022
SUBJECT: Central Point Community Center Financial Update
ACTION REQUIRED:
Motion
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
Note: The financial projections included in this strategy memo/staff report are based on
cost estimates associated with a variety of design concepts for the Central Point
Community Center. These concepts and costs are subject to change based on policy
set by the Central Point City Council. To that end, future modifications of these designs
will likely occur to meet the City's current financial constraints.
In late 2021, the City of Central Point and Jackson County entered into a partnership to
conceptually evaluate the possibility of a "joint" community center (City) and evacuation
center (Jackson County) to be located near the Jackson County Expo.
Although Central Point had previously conducted conceptual design work on a centrally
located community center (near Central Point Elementary), the possibility of a larger
facility—including increased recreational opportunities—and the economies of scale that
could be leveraged from a partnership with the Jackson County, made the partnership
concept well worth evaluating.
In the months since deciding to explore the partnership concept, Staff from the City,
Jackson County, and Expo have worked with Ogden, Roemer, and Wilkerson (ORW)
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Architecture on developing a concept that would meet the needs of all agencies. This
process has evolved from developing a concept based on stakeholder "wants" to
stakeholder "needs." Largely driven by construction costs that have been recently
exposed to hyperinflation (both domestically and globally), the stakeholders have been
forced to create a concept within reasonable financial parameters while still meeting the
needs of our citizens and business models.
To eliminate unrealistic project costs, the conceptual design has transitioned from a
140,000-square-foot facility to less than 100,000 square feet. However, the proposed
facility maintains six full-size basketball courts, the minimum for hosting tournaments.
Moreover, the facility would include recreational classroom space, outdoor recreation
opportunities, and office space for our Parks & Recreation Staff. On the Jackson County
side, features include a larger commercial kitchen for feeding evacuees during an
emergency, shower facilities, and the previously mentioned gymnasium space, which
would be used as an emergency shelter.
In early July 2022, The Central Point City Council considered all three conceptual
options developed during our collaborative process with Jackson County (conceptual
options included as attachments to this staff report). The City Council's preferred option
was option 2, which is a reduced version of the overall Center, reducing the eating
areas, classrooms, and gathering areas. The overall roof structure is the same, but
gyms seven and eight are uncovered. This option provides additional savings on the
overall cost. The overall cost if the option 2 scenario is agreed upon is 54 to 55 Million
dollars with a cost split of 25-27%. The estimated City’s portion would be 13.5 million to
15 million.
ADDITIONAL BACKGROUND
In coordination with Moss Adams and Associates (Jackson County's Contract Municipal
Auditor), Jackson County has determined that the County's American Rescue Plan Act
(ARPA) funds are eligible for use on the joint facility concept. More specifically, the
County's contribution to this project could be nearly 40 million dollars, and given the
significance of this amount, Jackson County wanted to be absolutely certain that its
contribution would comply with U.S. Department of Treasury rules and guidelines.
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In the 2019-2021 City of Central Point Budget, the City was preparing for our upcoming
community center project, which was planned for the city-owned property immediately
east of Central Point Elementary/School District 6 Administrative Offices. However, the
emergence of COVID-19 delayed our plans to pursue the 10-12 million dollar stand-
alone facility (original "stand-alone" concept included as an attachment to this staff
report). The delay was a product of financial strategy by the City of Central Point
Administration, which felt the economic uncertainties created by the COVID-19
pandemic should be fully understood before proceeding with a capital project of this
magnitude.
FINANCIAL ANALYSIS:
As described above, the City's estimated contribution to the joint facility (option 2) is
estimated at 13-15 million. In the 2019-2021 budget, city staff included a budget
message statement regarding the Community Center project. More specifically, we
estimated the project would require 8-10 million in public financing and a $3.00 increase
to the Parks Maintenance fee for operational costs (the 2019 community center project
was estimated at 10-12 million). Additionally, the City budgeted one million in reserve
funds to eliminate all debt service in the City's general fund. Historically, the general
fund had managed five to six hundred thousand in debt service annually, and
eliminating all debt provided the financial capacity to "tackle" the community center
project.
Although our 2019-2021 budget strategy was based on the best available information,
the past three years have seen significant shifts in our conceptual project, economic
conditions, and emerging budget challenges. Given these changes, the Staff is offering
an updated financial strategy to fund the joint community center facility.
UPDATED JOINT FACILITY FINANCIAL STRATEGY
After offering several financial strategies to the City Council in early September, City
Staff met with Jackson County Administration to review our financial options/position
and discuss the City Council's concerns, comments and recommendations. Additionally,
City Staff revisited financial strategy options and is now proposing an additional option
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predicated on the City's Urban Renewal District servicing Community Center Debt from
2026 to 2040. In 2040, after the Urban Renewal District concludes, the City's general
fund would service the remaining debt obligations.
Although the Urban Renewal District would service debt for the first 15 years,
implementing a recreation utility would be necessary to operate the proposed facility
and reserve future funds for the City's general fund community center debt service
obligations.
In the updated financial strategy, Staff would recommend—as discussed in
September—a "lease back option."
In the lease back scenario, Jackson County would be responsible for all initial capital
construction costs. However, the City would be obligated to enter a lease agreement to
"leaseback" our estimated portion for an agreed-upon period. Assuming a total City
contribution of 15 million, the recommended financial strategy would include the
following:
1. In 2023-2024 the City would use funds allocated from the City's Urban District
budget to participate in project design costs. The City's contribution to design is
estimated at 750K to 1.3 million.
2. In 2025-2026 the Central Point Urban Renewal District would issue debt and
raise the necessary capital to begin servicing the required community center debt
service from 2026 to 2040. During this period, the City would retain the option to
have the City's general fund participate in debt service and reduce Urban
Renewal responsibility (if alternate UR projects were preferred).
3. The City's debt service obligations would stem from entering a lease back
agreement for a period of 35 years. Annual lease payments over 35 years (4.5%
municipal interest rate) are estimated at 850K annually.
4. Staff would recommend the creation of a new recreation utility fee (7/1/2023) of
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$3.50 per month. This increase would generate approximately 350K annually in
additional revenue that could be used for operating costs and creating a general
fund community debt service reserve.
5. From 2041 to 2061, the City's general fund would become responsible for future
debt service payments due to the conclusion of the City's Urban Renewal District.
The general fund would partially rely on debt service reserves created from a
portion of the proposed recreation utility fee to meet these obligations. Further,
the City's general fund would reap the benefits of the City's completed Urban
Renewal District, which is projected to shift 1.4 million annually from tax
increment (Urban Renewal) to property taxes (General Fund) in 2041.
JOINT FACILITY DESIGN PROCESS
Jackson County is preparing to issue a Request for Proposal (RFP) for the proposed
facility's design. The design would likely occur over a 12-18 period. With a completed
design, both the City and County would have an accurate cost estimate, allowing all
stakeholders to decide whether to move forward with construction.
After a significant investment in design, both agencies would be motivated to move the
project forward. However, City and County discussions have included the possibility that
unforeseen financial or economic conditions could make the project unattainable.
LEASE CONCERNS
In September, concerns were expressed about the City leasing our portion of the facility
versus a more traditional financing/ownership strategy. These concerns are
understandable; however, the following makes the lease option attractive.
1. After 35 years (construction payback period), the City would have an option to
lease its space at the current market rate.
2. The lease back agreement would eliminate the need for public financing, which
includes significant borrowing costs.
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3. At the end of the 35 years, the joint community center facility will likely need
upgrades. The City will not be required to participate in these future costs.
4. If the City's recreational needs change, we will have no obligations that prevent
us from moving in a different direction.
5. Traditional ownership would be complicated by the County's standard reversion
clause and the need for a ground lease on County-owned property.
6. The lease agreement would include a provision that would allow the City of
Central Point a right of first refusal on extending the lease after the initial 35-year
period. The extended lease would be at “market rate.”
POTENTIAL REVENUE
The proposed financial strategy is conservative in identifying debt service costs and
revenues. However, City Staff believes it is worth mentioning potential revenues that
have not been included in the above-described strategy.
1. The proposed facility will generate revenue for the Jackson County Expo and the
City of Central Point. The amount of revenue has yet to be determined but will be
analyzed during the design phase.
2. Hotel-Motel Tax revenues will likely increase as a result of the proposed facility.
LEGAL ANALYSIS:
The City Attorney has provided a legal opinion confirming that Urban Renewal funds
can be used for a facility lease. However, per Oregon Revised Statute (ORS), Urban
Renewal funds cannot be used for ongoing operations and maintenance.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
City of Central Point 2040 Strategic Plan Strategic Priorities – Community Investment
Public and private investments in Central Point include physical (i.e., new buildings,
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streets, waterlines, businesses, parks, etc.); social (e.g., programs and services that
support people: families, youth, retirees, etc.); and economic (i.e., programs and
facilities that foster new growth and development necessary to fuel the local economy
and provide jobs for residents).
GOAL 2 - Be a city filled with happy, healthy people who are thriving.
GOAL 3 - Provide opportunities for youth education, recreation, and support. (Kids are
the future. Happy, well-adjusted kids are the canary in the coal mine for true community/
family wellbeing).
GOAL 4 - Manage growth to provide places that are timeless and loved by the
community.
GOAL 5 - Plan, design, and construct modern and efficient infrastructure in all areas
and systems.
STAFF RECOMMENDATION:
Staff is recommending the City Council consider authorizing City participation in a joint
community center design process and for city staff to prepare the 2023-2025 City of
Central Point and Urban Renewal Budgets in a manner consistent with the current
financial strategy recommendation.
RECOMMENDED MOTION:
I move to authorize City participation in a joint community center design process and for
city staff to prepare the 2023-2025 City of Central Point and Urban Renewal Budgets in
a manner consistent with the current financial strategy recommendation.
ATTACHMENTS:
1. JC Community Center - Floor Plan - Option 2 - Divisions between JC & CP
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Department Legend
ADMINISTRATION
EDUCATION
KITCHEN
PUBLIC GATHERING
RECREATION
SHOWER /
CHANGING
UTILITY
KITCHEN
RECEIVING
172 SF
CP OFFICE
280 SF
CONF
180 SF
OFFICE
42 SF
STOR
297 SF
STORAGE
180 SF
STAFF BREAK
1064 SF
BREAKOUT B 1016 SF
MULTIPURPOSE
1016 SF
MULTIPURPOSE
20
2
S
F
ST
O
R
A
G
E
A
1084 SF
CLASSROOM B
1066 SF
COMPUTER LAB
717 SF
GYM STORAGE
1082 SF
CLASSROOM A
2665 SF
DINING AREA
6663 SF
CIRCULATION
22
1
S
F
ST
O
R
A
G
E
B
18
7
S
F
ST
O
R
A
G
E
11
7
S
F
ST
O
R
A
G
E
20520 SF
GYMNASIUM B / EVENT
SPACE
38743 SF
GYMNASIUM A
145 SF
STORAGE
164 SF
STORAGE
312 SF
STORAGE
327 SF
CONCESSION
158 SF
STORAGE
292 SF
STORAGE
308 SF
STORAGE
181 SF
STORAGE
146 SF
STORAGE
280 SF
STORAGE
309 SF
STORAGE
204 SF
STORAGE
309 SF
CONCESSION
127 SF
STORAGE
245 SF
STORAGE
999 SF
MEP & FIRE RISER
1090 SF
TEACHING KITCHEN
215 SF
VEST
20
6
S
F
ST
O
R
A
G
E
143 SF
JC OFFICE
169 SF
JC MANAGER
122 SF
JC OFFICE
535 SF
JC OPEN WORK
143 SF
JC OFFICE
68 SF
FAMILY
122 SF
CP OFFICE
181 SF
CP OFFICE
103 SF
STOR
168 SF
CP MANAGER
68 SF
FAMILY
66 SF
CUST
66 SF
ADA RR
453 SF
MENS RR
522 SF
WOMENS RR
799 SF
SHOWER / CHANGING
1087 SF
GATHERING
66 SF
ADA RR
45
1
S
F
ME
N
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R
R
48
S
F
CU
S
T
65 SF
STOR
50
1
S
F
WO
M
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N
S
R
R
64 SF
ADA RR
64 SF
ADA RR
249 SF
VEST
69 SF
FAMILY
69 SF
FAMILY
66 SF
CUST
66 SF
ADA RR
455 SF
MENS RR
801 SF
SHOWER / CHANGING
66 SF
ADA RR
64 SF
CUST
523 SF
WOMENS RR
2527 SF
CIRCULATION
1067 SF
BREAKOUT A1092 SF
GATHERING
89 SF
POLICE
699 SF
CP OPEN WORK108 SF
PRINT
16
4
S
F
ST
O
R
A
G
E
COVERED OUTDOOR BASKETBALL COURTS
20,600 SF
2157 SF
KITCHEN
373 SF
CHECK-IN COOP
PERIMETER FENCING AROUND COVERED AREA
TOTAL BUILDING AREA:
103,700 SF + 20,600 SF COVERED AREA
c 2020 O R W | Architecture, AIA
COLLABORATIVE APPROACH - HONEST
DESIGNJACKSON COUNTY COMMUNITY CENTER
Penninger Lane and Beebe Road, Central Point, OR 97502
05.25.2022
OVERALL FLOOR PLAN - OPTION 2
CENTRAL POINT
11,300 SF
JACKSON COUNTY
58,630 SF
SHARED SPACE
33,930 SF + 21,450 SF OUTDOOR COVERED AREA
JACKSON COUNTY
44,390 SF
CP
2,720 SF
JACKSON COUNTY
4,100 SFJC
1,080 SF
JACKSON COUNTY
4,000 SF
CP
1,080 SF
CP
1,790 SF
CP
3,620 SF
JACKSON
COUNTY
2,860 SF SHARED
1,070 SF
CP
1,660 SF
SHARED
1,800 SF
SHARED
5,500 SF
CP
1,090 SF
+ 16,965 SF (1/2 SHARED SPACE TOTAL) =
JACKSON COUNTY
58,630 SF 75,595 SF
72.8% TOTAL BUILDING SIZE
+ 16,965 SF (1/2 SHARED SPACE TOTAL) =
CENTRAL POINT
11,300 SF 28,265 SF
27.2% TOTAL BUILDING SIZE
TOTAL BUILDING AREA
103,700 SF
JC
1,200 SF
SHARED
23,550 SF
SHARED
21,450 SF
SHARED
1,100 SF
SHARED
910 SF
EXCLUDING COVERED AREA
+ 27,690 SF (1/2 SHARED SPACE TOTAL) =
JACKSON COUNTY
58,630 SF 86,320 SF
68.8% TOTAL BUILDING SIZE
+ 27,690 SF (1/2 SHARED SPACE TOTAL) =
CENTRAL POINT
11,300 SF 38,990 SF
31.2% TOTAL BUILDING SIZE
INCLUDING COVERED AREA
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: October 13, 2022
SUBJECT: Appointment of Citizens Advisory Committee Member
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
In August Mayor Williams, City Manager Chris Clayton, and Planning Director Stephanie Holtey
interviewed applicants for the Citizens Advisory Committee. At that time there was one vacancy
on the committee and the Council appointed Mitchel Price. On October 3rd the Planning
Department received a letter of resignation from David Painter.
The City Recorder reached out to the second applicant, Royce Chambers, who has indicated he
is still interested in being appointed to the Citizens Advisory Commission.
City staff is recommending Kristy Painter to be appointed as the CAC Chair.
Current members on the CAC and their appointment date:
Kristy Painter 1/21/21
John Eaton 1/21/21
Mitchel Price 8/08/22
Michael Meek 8/21/21
Paul Contreras 04/28/22
Carrie Reed 1/24/19
RECOMMENDED MOTION:
I move to appoint Royce Chambers to the Citizens Advisory Committee, and Kristy Painter as
Chair.
ATTACHMENTS:
1. CAC Application - Chambers_Redacted
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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: October 13, 2022
SUBJECT: Planning Commission Report
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
The Central Point Planning Commission met at their regular meeting on October 4, 2022. There
were two information (2) items on the agenda. The first was an update on State Transportation
Planning Rule prepared as part of the Climate Friendly & Equitable Communities rulemaking.
The second item was an introduction to the Transportation System Plan Amendment currently
underway.
CUB HOUSE PRESCHOOL CONDITIONAL USE PERMIT:
The Planning Commission conducted a public hearing and considered a Conditional Use Permit
(CUP) application to operate a preschool at 81 Freeman Road. The school will have three (3)
teachers and 26 students ranging in age from 2 to 6 years old. The project site is within the
Tourist and Office Professional (C-4) zone and is developed with a 3,984 square foot office
building, parking and landscape improvements. As part of the proposal the proposal includes
fence installation to provide a secure playground area. Staff noted that the fence location is
within the floodplain and will be subject to floodplain development permit requirements in CPMC
8.24. Additionally interior modifications and change of use are subject to building code
requirements.
Commissioner’s expressed concerns about traffic impacts of the proposed use due to existing
traffic congestion that occurs in the vicinity on Freeman Road especially in the afternoon. Public
Works noted that the proposed use does not exceed the threshold for requiring a new traffic
impact analysis. However if the school grows in enrollment exceeding 36 students, a traffic
study would be required. The Planning Commission unanimously voted to approve the CUP
subject to staff’s recommended conditions of approval and one additional condition limits school
growth to no more than 36 students. Continuation of the CUP would require modification
pursuant to CPMC 17.09, Modifications to Approved Plans and Conditions of Approval as
needed to evaluate and address traffic impacts associated with the use.
URBAN RENEWAL PLAN AMENDMENT:
The Planning Commission was asked to consider an amendment to the Downtown and East
Pine Street Corridor Revitalization Plan (“Urban Renewal Plan Amendment”) relative to its
conformance with the Central Point Comprehensive Plan. After receiving a presentation that
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provided background on Urban Renewal, the Urban Renewal Plan Amendment, the Planning
Commission discussed the proposal relative to conformance with the 2040 Strategic Plan and
Comprehensive Plan Citizen Involvement, Parks and Traffic Elements. The Planning
Commission found that the Urban Renewal Plan Amendment is designed to implement the
community’s vision and priorities articulated in the Strategic Plan and remains consistent with
Comprehensive Plan.
TRANSPORTATION SYSTEM PLAN AMENDMENT:
Transportation Element in the Comprehensive Plan and provides goals and policies needed to
accommodate growth by providing a safe, efficient and economical transportation system in the
community. The focus of the proposed changes is adding projects to accommodate growth
within the new Urban Growth Boundary (UGB) areas. Other changes include removing projects
that have been completed since 2008, updating the financial forecast, conducting an equity
analysis and re-prioritizing the project list. Other minor changes will be made throughout the
document but these are limited to aligning the existing document with the substantial changes
being proposed. When the Planning Commission hears this item in November it will be as a
legislative amendment to the Comprehensive Plan.
The meeting adjourned at 8:00 p.m.
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