Loading...
HomeMy WebLinkAbout2023-06-22 City Council - Full Agenda-1269 CITY OF CENTRAL POINT Oregon City Council Meeting Agenda Thursday, June 22, 2023 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 I. REGULAR MEETING CALLED TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per meeting being allotted for public comments. The council may ask questions but may take no action during the public comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda. Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The right to address the Council does not exempt the speaker from any potential liability for defamation. V. CONSENT AGENDA A. Approval of June 8, 2023 City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item and action requested. The presiding officer may limit testimony. A. Public Hearing to consider a Minor Comprehensive Plan Map Amendment on a 1.62 acre property identified on the Jackson County Assessor's Map as 37S 2W 03CA, Tax Lot 1500. (Gindlesperger) B. Public Hearing to consider a Minor Zone Map Amendment on 1.62 acres on property identified on the Jackson County Assessor’s Map as 37S 2W 03CA, Tax Lot 1500. (Gindlesperger) C. Public Hearing for an Ordinance Regulating Camping on Public Property (Dreyer) VIII. ORDINANCES, AND RESOLUTIONS A. A Resolution Approving a 2021-23 Supplemental Budget (Weber) B. A Revised Resolution Extending Workers Compensation Coverage to Volunteers (Simas) C. A Resolution Approving the 2023 Revised Management Compensation Plan (Simas) D. A Resolution Approving the July 1, 2023 – June 30, 2024 Classification Pay Plan (Simas) IX. BUSINESS A. Discussion Only - Gambling Ordinance (Dreyer) X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XII. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION ORS 192.660(2)(d) Labor Negotiations The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1015 (voice), or by e-mail to Rachel.neuenschwander@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 City Council Meeting Minutes June 8, 2023 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: Mayor: Hank Williams Council Members: Taneea Browning, Rob Hernandez, Kelley Johnson (Remote), Neil Olsen, Mike Parsons and Melody Thueson were present. Staff Present: Police Captain Greg Bruce; Planning Director Stephanie Holtey, Finance Director Steve Weber, Parks and Public Works Director Matt Samitore, Attorney Garrett West and Public Works Office Assistant Cyndi Weeks IV. PUBLIC COMMENTS - None V. CONSENT AGENDA A. Approval of May 25, 2023 City Council Minutes Taneea Browning made a motion to approve the consent agenda as presented. Michael Parsons seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. VII. PUBLIC HEARING A. Annexation: 4404 Biddle Road (Holtey) After reading of the Quasi-Judicial Hearing Statement and confirming there were no conflicts or bias from the Council, Planning Director Stephanie Holtey presented the application for annexing the 4.05 acres of property located at 4404 Biddle Road. The application meets all of the criteria for annexation to the City. This does not consider any land development at this time, just the transfer of property to the City. The property was added to the UGB in 1984 as Commercial Thoroughfare (C-5). Mayor Williams opened the Public Hearing. Three citizens that live in the subdivision behind the property came forward to express their concerns about increased traffic through their neighborhood should the property be developed commercially. Currently, their roads dead-end into the property on two sides. Council advised that annexation does not mean anything will happen with the property until the owner sells and that concerns should be brought up if/when development starts. 5.A Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes June 8, 2023 Page 2 Public hearing was closed. Rob Hernandez moved to approve Resolution No. 1747 to annex 4.05 acres, including 3.2 acres located at 37S 2W 01C, Tax Lot 701 and 0.85 acres of right-of-way for Biddle and Table Rock Road. Taneea Browning seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. B. Electing to Receive State Revenue Sharing Funds for Fiscal Year July1, 2023 to June 30, 2024 (Weber) Finance Director Steve Weber presented a request for the City to receive $474,680 in State revenue sharing funds. A resolution is required by Oregon every fiscal year. There have been two public hearings about how the funds are to be used. Mayor Williams opened the public hearing. No one came forward and the public hearing was closed. Taneea Browning moved to approve Resolution No 1748, a resolution electing to receive State revenue sharing funds for fiscal year July 1, 21023 to June 30, 2024. Melody Thueson seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. C. Adopting the Budget; Make Appropriations and Levy Taxes fo the Biennial Budget Period July 1, 2023 to June 30, 2025 (Weber) Finance Director Steve Weber reported that the Central Point Budget Committee met on April 24th and May 1st, 2023 to discuss the proposed biennial budget of $58,278,075. There have been no changes since the meeting on May 1st. Michael Parsons moved to approve Resolution No 1749, a resolution to adopt the budget; make appropriations and levy taxes for the biennial budget period July 1, 2023 through June 30, 2025. Rob Hernandez seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. VIII. ORDINANCES, AND RESOLUTIONS A. Certifying the Provision of Municipal Services by the City of Central Point, Oregon (Weber) Finance Director Steve Weber presented this resolution that would allow the City to receive State revenues from cigarette, gas and liquor taxes. The amount would be $3,888,850 over the next two years. Melody Thueson moved to approve Resolution No 1750, a resolution certifying the provision of municipal services within the City of Central Point, Oregon. Taneea Browning seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. 5.A Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes June 8, 2023 Page 3 B. Approving Appointments and Adopting General Procedures for Fiscal Year 2023-24 (Weber) Finance Director Steve Weber reported the need to approve general procedures in which to appoint firms or representatives to represent the City in the capacity of: City Engineer, Municipal Judge, and Insurance Agent of Record each fiscal year. The only change from previous years is that there is no longer a need to hire an attorney, as they City has hired one as a part-time employee. Taneea Browning moved to approve Resolution No 1751, a resolution approving appointments and adopting general procedures for fiscal year 2023-24. Michael Parsons seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Parsons, Thueson. C. Ordinance Amending Title 17 (In-Part) Regarding Parking Reforms (Holtey) Planning Director Stephanie Holtey presented the second reading to adopt parking reforms that would include removing minimum parking standards and requiring a Mobility Plan. Corrections to the tables were made; removal of table 2, strike through of table 17.64 02a and reduction of the tree canopy thresholds to ½ acre. Taneea Browning made a motion to approve Ordinance No 2100, an ordinance amending 1989 (in part) regarding Title 17 Zoning as amended since the first reading. Rob Hernandez seconded. Ayes: Williams, Browning, Hernandez, Johnson, Olsen, Thueson. Nays: Parsons IX. BUSINESS A. June 6, 2023 Planning Commission Report Planning Director Stephanie Holtey reported that there were four items of discussion at the meeting on June 6th. Comprehensive Plan and Zone Map Amendments; this would change the designations on the property from Employment Commercial to High Density Residential in order to support future development with a combination of commercial and residential use. Twin Creeks TOD Master Plan Amendment; The proposed amendments were necessary to support high density mixed use development on the site and to relocate a planned pedestrian access-way due to safety concerns. This would require the ground floor frontage along Twin Creeks Crossing to be commercial and the upper levels residential. Sit Plan & Architectural Review; The Planning Commission considered an application for a mixed use development of three buildings, 2,514 feet of 5.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes June 8, 2023 Page 4 commercial space and 45 multi-family residential apartments. Issues relating to ADA accessibility were addressed. All items on the agenda were unanimously approved. X. MAYOR’S REPORT Mayor Williams reported that he attended:  Friends of the Fair dinner  Lamb, goat, and rabbit auction  Fair board meeting  3 elementary school graduations XI. CITY MANAGER’S REPORT City Manager Chris Clayton reported (through Matt Samitore) that:  There will be an article in his update about homeless funding in Rogue Valley  Kudos to all staff involved in the Rogue Music Festival planning. There seems to be good planning heading into this.  At this time, only 7,500 tickets have been sold, putting the Fair Board in the hole about $1.5 million.  There will be an executive session regarding labor negotiations with Police Department  Sydnee is bringing back an ordinance with changes regarding anti- camping  Insurance proposal coming  Water Conservation Plan in the works XII. COUNCIL REPORTS Council Member Kelley Johnson reported that she attended:  No report Council Member Melody Thueson reported that she attended:  Expressions of Learning night Council Member Rob Hernandez reported that he attended:  Memorial Day celebration  Friends of the Fair dinner Council Member Taneea Browning reported that she attended:  Bear Creek Greenway park planning meeting  Medford Water Commission meeting  Friends of the Fair dinner  Mae Richardson DARE graduation  Memorial Day celebration at Don Jones Park 5.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes June 8, 2023 Page 5  SRTS parent group will have the first meeting with schools that qualify on June 27th. Council Member Mike Parsons reported that he attended:  Mae Richardson and Jewett DARE graduations  DARE DAZE celebration event at Twin Creeks Park  Crater graduation cruise Council Member Neil Olsen reported that he attended:  Memorial Day celebration  Planning Commission meeting  Wear Orange Campaign for child gun safety XII. DEPARTMENT REPORTS Parks and Public Works Director Matt Samitore reported that:  No report Planning Director Stephanie Holtey reported that:  DLCD has set come meeting dates and if you would like to listen to the call, let Stephanie know  Planning Commission meeting in July has been cancelled  CAC meeting will be held July 11th and will focus on environmental and public facilities element updates as well as code amendments and long range planning.  It is possible there might be a Grocery Outlet and Dollar General applications forthcoming. Police Captain Greg Bruce reported that:  There was a report of a man carrying a rifle through town. The community was prepared, had great communication and it was quickly proven to be not a threat.  Officers are prepared for a turnout of up to 20,000 attendees for the Rogue Music Festival  Chief Logue will be back in town on Monday  There are two offers of employment out, so excited to be increasing our police force. Finance Director Steve Weber reported that:  No report XIV. ADJOURNMENT Taneea Browning moved to adjourn, all said “aye” and the Council Meeting was adjourned at 8:42 p.m. 5.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes June 8, 2023 Page 6 The foregoing minutes of the June 8, 2023 Council meeting were approved by the City Council at its meeting of __________, 2023. Dated: _________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder 5.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J u n 8 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Justin Gindlesperger, Community Planner II MEETING DATE: June 22, 2023 SUBJECT: Public Hearing to consider a Minor Comprehensive Plan Map Amendment on a 1.62 acre property identified on the Jackson County Assessor's Map as 37S 2W 03CA, Tax Lot 1500. ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: None Forwarded BACKGROUND INFORMATION: On June 6, 2023, the Planning Commission approved Resolution No. 905 forwarding a favorable recommendation to the City Council to approve a Minor Comprehensive Plan Map Amendment on 1.62 acres at the intersection of Twin Creeks Crossing and Boulder Ridge Street in the Twin Creeks Transit Oriented Development (TOD) Master Plan area. The property is currently designated Employment Commercial on the General Land Use Plan Map and the proposed amendment would change the designation to High Density Residential. The application is being reviewed concurrently with a Zone Map Amendment to align the zoning district for the subject property with the requested Comprehensive Plan Map Amendment by changing the zone from Employment Commercial (EC) to High Mix Residential (HMR) (See File No. ZC-23002). Discussion It is the Applicant’s intent to develop the property with a mixed-use development that includes 45 multifamily residential units including limited ground floor commercial uses along the Twin Creeks Crossing frontage and multifamily residential interior to the site. The proposed use is not consistent with the current zoning, which only permits residential units above ground floor commercial. The proposed Comprehensive Plan Map Amendment is needed to support the re-zone request to HMR, which allows buildings with ground floor commercial (i.e. vertical mixed-use) as well as multifamily buildings without the ground floor commercial component (horizontal mixed-use). The proposed amendment maintains mixed-use opportunities on this site as needed to comply with the Twin Creeks Master Plan for this area. Specifically the site will be 7.A Packet Pg. 9 required to provide commercial space that include opportunities for small businesses, retail and professional office uses per the Civic, Commercial and Mixed-Use Exhibits (Exhibits 36 and 37) in the Master Plan. Neighborhood Compatibility The subject property is currently vacant and adjacent to developed properties on the south and west within the High Density Residential/HMR and Medium Density/ Medium Mix Residential (MMR) zones. The proposed Comprehensive Plan Map Amendment extends the High Density Residential/HMR designation from the west and will continue to provide mixed-use opportunities along Twin Creeks Crossing, in accordance with the Twin Creeks Master Plan. Traffic Impacts Transportation facilities in the area of the subject property were considered during the approval of the Twin Creeks Master Plan, which included analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, evaluated the proposed zone change from EC to HMR and concluded the proposed map amendment will not generate additional impacts on transportation facilities. FINANCIAL ANALYSIS: The proposed comprehensive plan map amendment does not generate additional cost to the City beyond in-kind staff expense. LEGAL ANALYSIS: The primary issues to be considered and discussed at the meeting will be related to CPMC 17.10.400. 1. A decision for a text amendment shall be based on approval criteria, applicable regulations and factual evidence in the record, including conformance with applicable Statewide Planning Goals, the City of Central Point Comprehensive Plan and State Transportation Planning Rule. 2. A decision may be for denial, approval or approval with conditions. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Community Investment, Goal 6 – Meet the housing needs of Central Point residents and businesses. The proposed Comprehensive Plan Amendment maintains commercial use opportunities consistent with the Twin Creeks Master Plan and responds to the need for housing in the City by adding 45 additional units where housing was not previously contemplated (See File SPAR-23001 approved by the Planning Commission on June 6th). 7.A Packet Pg. 10 Vibrant Economy, Goal 5 – Support business development and entrepreneurship. Provision of leasable commercial space is consistent with providing opportunities for business relocation and growth in the City. Increased housing opportunities within walking distance improves the potential customer base for future businesses that lease commercial space in the Master Plan area. STAFF RECOMMENDATION: Conduct a first reading of the ordinance for proposed comprehensive plan map amendment and a duly noticed public hearing and forward the Ordinance to a second reading with or without changes. RECOMMENDED MOTION: I move to forward the Ordinance approving amendments to Central Point Comprehensive Plan Map to a second reading at the July 13, 2023 Council Meeting. ATTACHMENTS: 1. Attachment A_Resolution 905 2. Attachment B - City Council Ordinance 7.A Packet Pg. 11 7.A.a Packet Pg. 12 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Staff Report Central Point Station – Phase 2 Comprehensive Plan Map Amendment File No. CPA-23002 June 6, 2023 Item Summary Consideration of a Comprehensive Plan Map Amendment application from Employment Commercial (EC) to High Density Residential/Commercial for 1.62 acres in the Twin Creeks Transit Oriented Development (TOD) District. The subject property is located at the intersection of Twin Creeks Crossing and Boulder Ridge Street and is identified on the Jackson County Assessor’s map as 37S 2W 03CA, Tax Lot 1500. Applicant: Smith Crossing, LLC; Agent: Scott Sinner Consulting, Inc. Associated Files: ZC-23002, MP-23001, SPAR-23001 Staff Source Justin Gindlesperger, Community Planner II Background Smith Crossing, LLC (“Applicant”) has requested a Minor Comprehensive Plan Map Amendment from Employment Commercial to High Density Residential in the Twin Creeks TOD District. It is the Applicant’s intent to develop the property with a mixed-use development that includes 45 multifamily residential units including limited ground floor commercial uses along the Twin Creeks Crossing frontage and multifamily residential interior to the site. The proposed use is not consistent with the current zoning, which only permits residential units above ground floor commercial. The proposed Comprehensive Plan Map Amendment could permit mixed-use opportunities on the site, including vertical (mixed use in the same building) and horizontal (mixed use in adjacent buildings). Discussion: The City of Central Point uses a two (2) map system with the Comprehensive Plan Map and the Land Use Map. The Comprehensive Plan Map provides a broad view of development within the City; whereas, the Land Use Map, commonly referred to as the Zoning Map, represents the spatial distribution of all land uses and provides parcel specific information for development. Since the Comprehensive Plan Map and the Zoning Map to maintain consistency at all times, the application for comprehensive map amendment is accompanied by, and being processed concurrently with, an application for a Zone Map Amendment (see File No. ZC-23002) that proposes to change the zoning map to High Mix Residential (HMR) that is consistent with the proposed comprehensive plan map change to high density residential. 7.A.a Packet Pg. 13 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Comprehensive Plan Compliance The current Employment Commercial designation permits a broad range of commercial uses along with multifamily uses only when located above the ground floor commercial as part of vertical mixed uses. The proposed amendment maintains mixed-use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Development of the site must maintain consistency with the Twin Creeks Master Plan for this area, and leasable commercial space in the mixed-use development will continue to provide opportunities for small businesses, retail and professional office uses. Neighborhood Compatibility The subject property is currently undeveloped and adjacent to developed properties on the south and west within the High Density Residential/HMR and Medium Density/ Medium Mix Residential (MMR) zones. The proposed Comprehensive Plan Map Amendment extends the High Density Residential/HMR designation and will continue to provide mixed use opportunities along Twin Creeks Crossing, in accordance with the Twin Creeks Master Plan. Traffic Impacts Transportation facilities in the area of the subject property were considered during the approval of the Twin Creeks Master Plan, which included analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, evaluated the proposed zone change from EC to HMR and concluded the proposed map amendment will not generate additional impacts on transportation facilities. Issues None. Findings of Fact & Conclusions of Law The Central Point Station, Phase 2, Comprehensive Plan Map Amendment has been evaluated against the applicable criteria set forth in CPMC 17.96 and found to comply as evidenced in the Applicant’s Restated Findings of Fact (Attachments “C”), the Planning Department Supplemental Findings (Attachment “D”) and the Staff Report dated June 6, 2023. Conditions of Approval None. Attachments Attachment “A” – Project Location Map Attachment “B” – Master Site Plan Attachment “C” – Applicant’s Restated Findings and Exhibits, dated 05/25/2023 Attachment “D” – Planning Department Supplemental Findings 7.A.a Packet Pg. 14 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Attachment “E” – Trip Generation Assessment, dated 04/17/2023 Attachment “F” – Resolution No. 905 Action Conduct the public hearing and consider the Comprehensive Plan Map Amendment application. The Planning Commission may 1) approve; 2) approve with revisions; or 3) deny the application. If the Planning Commission finds there is insufficient evidence to take one of these actions at the June meeting, the Planning Commission may continue the public hearing to a date and time specific as necessary to allow the applicant to respond to any issues or questions and update their findings. Recommendation Approve the Comprehensive Plan Map Amendment application, the Applicant’s Findings, as corrected, in Attachment “C” and the Planning Department Supplemental Findings in Attachment “D.” 7.A.a Packet Pg. 15 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) ATTACHMENT “A” 7.A.a Packet Pg. 16 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) ATTACHMENT “B” 7.A.a Packet Pg. 17 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) BEFORE THE CITY COUNCIL OF THE CITY OF CENTRAL POINT OREGON: IN THE MATTER OF AN APPLICATION FOR A MINOR CONPREHENSIVE PLAN MAP AMENDMENT T37-R2W-03CA TL 1500 SMITH CROSSING LLC APPLICANT SCOTT SINNER CONSULTING, INC. AGENT I. BACKGROUND INFORMATION ) ) FINDINGS OF FACT ) AND ) CONCLUSIONS ) OF LAW j : apicati qg v Gl l U Plan (GLUP)Map fr ye ci (E T Hg- Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 1 of 25 7.A.a Packet Pg. 18 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) z -l w .- . ·,. . I I I• u CD, +. '.. <t i • · : il . ? I.----1, t 3 (.) ... 'j + I b I I ub fo ubj prty S P v p foa 45-unit multifamily vmnt wich ncld 2,511squar ft of fl Crk r S fr l l . j ln ifibel: Fig f F : GOLDEN PEAK DR 0 N 8 z TWIN CREEKS CRS SHAKE DR STEAMBOAT DR Figure 1 Project Location ? I • ' ' • VIC C Pn ci {PC)b 17051 fi th p y pvg ury r Cv Pl M Amt y Ill p w Cy u b vl uhy Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 2 of 25 7.A.a Packet Pg. 19 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) - I TABLE 17.05.1 LAND DEVELOPMENT PROCEDURAL APPLICABLE APPROVING 120-DAY PERMIT TYPE REGULATIONS AUTHORITY RULE Comprehensive Plan & UGB Amendments Major Minor No A. nvv li p y cifi v pli,f policy (i.e.,major m).e ll ll Ty Ill ,S 15.4 ro y ll b n y g m (O. 1989 51(part),2014;Ord.1874 53(part),2006). o Am i Amd ll b r sa Ill Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 3 of 25 7.A.a Packet Pg. 20 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Approval Criteria: A. C. Findings of Fact: A. The Statewide Planning Goals are identified below, Not all goals are applicable to this request for a minor comprehensive plan map amendment. S H ,Sc 6 ,Wr Q 7 Sj N Hz d Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 4 of 25 7.A.a Packet Pg. 21 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) tal Shorelands Goal 18 Beaches n ue O k k k k k k »k k k k )k 3k k 3k k 3 k »k 3k # k k # k 3k k k k »k k k k k k k k k k k k k k k 3 k 3k k k k k k k k st k k k k k k k k »k k »k k k # zn Ie Publicen q p f nd us an Ogn.Th qrn f h thg h k Oeg'pn g uqu.h qum fo po w h f f e h pg ys. m vg y. A y S y'w o fo fim c ni G 1 i I cl La Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 5 of 25 7.A.a Packet Pg. 22 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) y wt o t ln G. p fo p n e ll pp r q tfi C. T iy ill pro ict e qt f a 2. L nci ud h y pic d r s c g 2 fo n ni. Ga 3 Ag Agu a g if g,fg h t y f Og'i A c j poy .3 f f p f Fc j p r r Bdar j a n n y icr z l r s. pv q r ill gic r u w Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 6 of 25 7.A.a Packet Pg. 23 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) c fo fo . cl Lw: ci ro 4 A fo r T c rom if r p,g ines T ,ca gornm a kd b f ii i p G 5 St Fl v rprty pn c tfi he Cy'w k Mr .Ths 't g ye,d vom ro t m e system. o y ,ic,ic cl f Lw ci ocl q i P M Andt ill p y 5 es. Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 7 of 25 7.A.a Packet Pg. 24 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 6 7 7 y f ra h q ko, ,r,an z. i y h nifi Gl 7. cl p G 7 ng z v m . 8 Nd Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 8 of 25 7.A.a Packet Pg. 25 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Dm T f G 9 k d h h il z c rt E C fi rl S lian s Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 9 of 25 7.A.a Packet Pg. 26 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) that is suitable and aa f rt s. y t t Hu t e P T u fi y fo ppxa 410 h og for pjcd g 20 a pg A,t il h t 69 w rq for UGB rn e u eni ttrn. T qu m fm EC H D sid HMR ng ic illro fo t lp ' v b ppy Lw: T uci q M Adn wt t g Bl L Intry forg ity un t i. 1 Pulic Facilis an Srvc E ci pp g 25 qe cre plic cili p m s rr -ne s. g : ubjt py t t w k TOD,t ut ll gy A fal qu ci fo q . Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 10 of 25 7.A.a Packet Pg. 27 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Goal 12 Transportation Goal 12 requires cities, counties and the state to create a transportation system plan that takes into account all relevant modes of transportation: mass transit, air, water, rail, highway, bicycle and pedestrian. 5 (1-5). j p ,tt 12 k O y a l. ,r O n Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 11 of 25 7.A.a Packet Pg. 28 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) ll fo o t faci fo th u GUP q q iv M m H Di R v t xg s prt fa q fo q. F g F : hv l L Dvp qs d y cvt fo w vp. L Dv Cd v fo u z f ins fo rv S v d a vpt d gy ffci cl L: h cil ude d ff E v qud iv M Adm. ,b l a p f y h. F f Fct: Scott Sinner Consulting, Inc. Minor Comprehensive Pln Map Amendment Page 12 of 25 7.A.a Packet Pg. 29 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) d fo C i g h lici f miv l cl f : y Coui coclu acknowledged UGB,and mpeive Pa,nd icil e vi fo derl g ii iy. Goal 15 Willamette River Greenway l 15 i ic plici Goal 16 Estuarine Resources l 16 is picb i plicio Goal 17 Coastal Shorelands l 17 i lil i pplici Goal 18 Beaches and Dunes 18 i plibl i plii Goal 19 Ocean Resources 19 labl o i pliion. cl f L: h C Couci oclu h equs Mi mpreheive l Mp Ad ll lic Sid lig . 3k )k $k k 3k k k 3k k k k k k )k k k sk sk k k »k k k k k k )k k k k k k k k k k k k k k k k »k k k k 2k k k 3k k k 3k k 3k k k »k #k k »ke 3k )k t k k »k k Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 13 of 25 7.A.a Packet Pg. 30 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 7 - ks Element (2018) 11-Public Fcilie d Srvs Element (1983) Element (2019 e s s s s n s d d on f srv ds m d o h. Findings of Fact; The Population Element tracks population growth, demographic and trends that aid in administering growth within the City. The proposed Comprehensive Plan Map Amendment will have minimal impact on the City's ability to collect and analyze Population data. Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 14 of 25 7.A.a Packet Pg. 31 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 4 - Regional Plan Element oy g sy fo ,o ffc p u fo s zg H/TOD z i g Bh zg rc ll xd g d n h g fl cor o Lw T City Couci ca ncle us r d will sigifi c th n 5 - Planning Area Characteristics (1980) F t ag Ccrs n te hv ds Swid ng Gl 2,a e idtfi xtg vt rn,,a s c,rt y,d ,crci,. ficat and y x ondo,fli llw fo ifod om.W h n a s 980,od Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 15 of 25 7.A.a Packet Pg. 32 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) e e 6- Urbanization Element (2019) F f F T y U G By kge Sa.W the UGB,the ,G L U a Zg fo ll u UGB. h Uaz m i p "provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to insure efficient use of land, and to provide for livable communities." j rty ifil e w w k OD a.ll faci oy w fici ciy o p l Amed fr y Cmerci Hg Dy lic s s s xd-w ci n fal l ll E z rc. cl : ci clue q wll gfi Uz m Pla Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 16 of 25 7.A.a Packet Pg. 33 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 8-Housing Element (2019) 9- Environmental Management Element (1983) ity (DEQ)1200 fo ff fr a ,,ft b o wa facili wi ks Ag )(OM)determine 100-year flood n h icin . F fl n L C li h s i , w , r Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 17 of 25 7.A.a Packet Pg. 34 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 10- Parks Element (2018) r of g t g opm. qe M p P M Amm 1.7 c f fill e cl vpt fi g d p u Ccl f L h y ci c ccl t q m P Mp A w t P Elmn Cpi Pl 11- Public Facilities and Services Element (1983) ig of c: roy cd w T C OD T ct,i n facilti indg , cy p c c f t f p. Cclo L y Ccil cl h q m P Mp A Pub cit S E mpre P 12- Economic Element (2019) g of c: h Eoic E Cy'yng S Pg Gol 9 Ec E f C P C P w 2019 yz b my b g tm th mo sbl t c fo th ty. Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 18 of 25 7.A.a Packet Pg. 35 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) .e.flexspace)to x,r ll C ' 8:s q Srt-,g Ir ,b fali rt il i miv -i ffi -y rl fo ,,kg et 9:s p - g q w-fo g . rt-nt e t w rt S U v s c n Pi n u Wh d f / g q - n ill fr s g g H x t / (M /O ) r w w z ic w l lli li of 2,512 square fe Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 19 of 25 7.A.a Packet Pg. 36 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 13- Energy Utilization Element (1983) 14- Transportation Element (2008) g Hg-D ll t tt H Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 20 of 25 7.A.a Packet Pg. 37 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) 5 (1-5). fo Tnrt j ty cin A y rn Og E tt fi fac t . ocln L: n cld y de n . fali GLU qu i M l M A Hg Di x dg o faci a q qt. 15 - land Use Element (2018) Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 21 of 25 7.A.a Packet Pg. 38 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) L v s f L C : y n q A all m k k k k k k »k »k k # 3k k k k k k k 3k k k k k k k k k k k k k k k »k k k sk k 3k 4 k k k k k k k k k k k k k k k 2k k k k k k k k k k k k sk k k k k k Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 22 of 25 7.A.a Packet Pg. 39 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) C. f Tapo Pg R.(O.1989 51(part),2014;Ord.1436 52(part),1981.rl 17.96.050). 5 (1-5). D w ty fi cl e l. Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 23 of 25 7.A.a Packet Pg. 40 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) e v M B Ex t l Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 24 of 25 7.A.a Packet Pg. 41 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) The approving authority can conclude this request for a Minor Comprehensive Plan Map Amendment is consistent will the approval criteria as provided In the Central Point Municipal Code and the Comprehensive Plan. On behalf of the applicant, I request the approval of this Minor Comprehensive Plan Map Amendment. Scott Sinner Scott Sinner Consulting, Inc. Scott Sinner Consulting, Inc. Minor Comprehensive Plan Map Amendment Page 25 of 25 7.A.a Packet Pg. 42 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 1 of 20 PLANNING DEPARTMENT SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW File No.: CPA-23002 Before the City of Central Point Planning Commission Consideration of a Comprehensive Plan Map Change on 1.62 acres for a property identified on the Jackson County Assessor’s map as 37S 2W 03CA, Tax Lot 1500. Applicant: ) Findings of Fact Smith Crossing LLC ) and 353 Dalton Street ) Conclusion of Law Medford OR 97501 ) PART 1 INTRODUCTION The proposed comprehensive plan map amendment requests to classify the above property, located within the City of Central Point, from Employment Commercial to High Density Residential on the General Land Use Plan (GLUP) Map. In accordance with CPMC 17.96.300 and 17.05.100, the proposed Minor Comprehensive Plan map Amendment is a quasi-judicial map amendment, which is processed using Type III application procedures set forth in Section 17.05.400. Approval criteria for this Application include CPMC 17.96, which includes compliance with the statewide planning goals, comprehensive plan and Transportation Planning Rule. The amendment’s compliance with applicable criteria are presented in Part 2 and summarized in Part 3. PROJECT BACKGROUND The applicant proposes a 45-unit multifamily development with limited ground floor commercial uses along the Twin Creeks Crossing frontage. The 1.62 acre project site is zoned Employment Commercial (EC) and is identified in the Twin Creeks Master Plan as a site to provide 1-2 stories of retail, professional office uses. The proposed use is not consistent with the current zoning district, which only allows residential units above ground floor commercial. The current application proposes to modify the Comprehensive Plan Map from Employment Commercial (EC) to High Density Residential/HMR, which could permit mixed use opportunities on the site, including vertical (mixed use in same building) and horizontal (mixed use in adjacent buildings). The City of Central Point uses a two (2) map system with the Comprehensive Plan Map and the Land Use Map. The Comprehensive Plan Map provides a broad view of development within the City; whereas, the Land Use Map, commonly referred to as the Zoning Map, represents the spatial distribution of all land uses and provides parcel specific information for development. The Land Use Element of the City’s Comprehensive Plan requires the Comprehensive Plan Map and the Zoning Map to maintain consistency at all times. Therefore, the application for comprehensive map amendment is accompanied by, and being processed concurrently with, an application for a Zone Map Amendment (see File No. ZC-23002) that proposes to change the zoning map to High Mix Residential that is consistent with the proposed comprehensive plan map change to high density residential. 7.A.a Packet Pg. 43 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 2 of 20 PART 2 - ZONING CODE COMPLIANCE 17.96.200 Initiation of amendments. A proposed amendment to the comprehensive plan or urban growth boundary may be initiated by either: A. A resolution by the planning commission to the city council; B. A resolution of intent by the city council; or for zoning map amendments; C. An application by one or more property owners, or their agents, of property affected by the proposed amendment. Finding CPMC 17.96.200: The Planning Division received an application by the listed applicant and designated agent for the zone change request. The application was accepted as complete on April 18, 2023, indicating the application complied with the required submittals of this Chapter. Conclusion 17.96.200: Consistent. 17.96.300 Major and minor amendments. Proposed amendments to the comprehensive plan, including urban growth boundary amendments, are categorized as either major or minor amendments as defined in Section 17.10.300. Proposals for major revisions shall be processed as a Type IV procedure per Section 17.05.500. Proposals for minor changes shall be processed as a Type III procedure per Section 17.05.400. Finding CPMC 17.96.300: The proposed amendment is the application of adopted policy to a particular property and is not the adoption of new policy. The requested change is a Minor Amendment, as defined in Section 17.10.300, and has been processed in accordance with Type III procedures in CPMC 17.05.400. Conclusion CPMC 17.96.300: Consistent. 17.96.400 Submittal and timing of proposals. Applications for an amendment to the comprehensive plan, or urban growth boundary, may be submitted at any time. Once accepted proposals shall be scheduled by the city council by resolution of intent. The applications and review thereof shall conform to the provisions of Chapter 17.05 and all applicable laws of the state. Finding CPMC 17.96.400: The application was accepted as complete on April 18, 2023. As evidenced by the land use notifications, including notice to DLCD on May 2, 2023, notice to surrounding property owners and advertisement on the City’s website (www.centralpointoregon.gov/projects), the City has duly noticed and processed the application in accordance with Chapter 17.05. Conclusion CPMC 17.96.400: Consistent. CPMC 17.96.500 Approval criteria. A recommendation or a decision to approve or to deny an application for an amendment to the comprehensive plan or urban growth boundary shall be based on written findings and conclusions that address the following criteria: 7.A.a Packet Pg. 44 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 3 of 20 A. Approval of the request is consistent with the applicable statewide planning goals (major amendments only); Finding CPMC 17.10.400 (A): The proposed amendments have been reviewed against the Statewide Planning Goals and found to comply as follows: Goal 1- Citizen Involvement. This goal requires that all citizens be given the opportunity to be involved in all phases of the planning process. As evidenced by the land use notifications, including notice to DLCD on May 2, 2023, notice to surrounding property owners and advertisement on the City’s website (www.centralpointoregon.gov/projects), the City has duly noticed the application as necessary to allow the opportunity for citizen participation in the public hearings scheduled with the Planning Commission (6-6-2023) and City Council (6-22- 2023) for the proposed map changes consistent with Goal 1. Goal 2 – Land Use Planning. Goal 2 addresses the land use planning procedures in Oregon, including the need to adopt comprehensive plans and implementing ordinances based on factual information. The proposed change is based on factual information from the municipal code and existing policy in the comprehensive plan. Goal 3 – Agricultural Lands. Goal 3 addresses agricultural land within rural areas. The proposed map amendment does not affect agricultural lands or agricultural buffers that would be required adjacent to agricultural lands outside the urban growth boundary. On this basis, Goal 3 does not apply to the proposed amendment. Goal 4 – Forest Lands. Goal 4 addresses forest lands within rural areas. The proposed amendment does not affect forest lands or lands adjacent to forest lands; therefore, Goal 4 does not apply. Goal 5 – Open Spaces, Scenic and Historic Areas, and Natural Resources. Goal 5 establishes a process for each natural and cultural resource to be inventoried and evaluated. If deemed to be significant, local governments may preserve, allow uses that conflict with the resource, or allow a combination of the two. In Central Point, floodplains and historic structures have been inventoried, and ordinances have been adopted to minimize impacts to each. The subject property of the proposed map amendment is within the Special Flood Hazard Area of Griffin Creek. Proposed development on the property will be subject to applicable policies, actions and standards in the Central Point Municipal Code to minimize flood losses and protect the property and surrounding properties from the dangers of flooding. Goal 6 – Air, Water and Land Resources Quality. Goal 6 requires local comprehensive plans and implementing ordinances to comply with state and federal regulations on air, water and land quality resource requirements. The proposed amendment is not expected to have impacts on compliance with these standards and requirements. Goal 7 – Areas Subject to Natural Hazards. Goal 7 requires appropriate safeguards when planning for development in floodplains or other areas subject to natural hazards. The subject property of the proposed map amendment is within the Special Flood Hazard Area of Griffin Creek. Proposed development on the property will be subject to applicable policies, actions and standards in the Central Point Municipal Code to minimize flood losses and protect the property and surrounding properties from the dangers of flooding. 7.A.a Packet Pg. 45 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 4 of 20 Goal 8 – Recreational Needs. This goal requires communities to inventory existing parks and recreational facilities, and to project the needed facilities to serve all populations within the community. The development of the subject property is addressed in the Twin Creeks Master Plan, which includes an interconnected network of active and passive parks and recreation areas. As such, the needs for parks and recreational facilities are addressed throughout the master plan area. Since the proposed amendment maintains the mix of allowed residential and commercial uses while providing flexibility for horizontal configuration, future permitted uses are generally the same and therefore not expected to generate additional need for parks and recreation services. Goal 9 – Economy of the State. Goal 9 addresses diversification and improvement of the economy and specifically addresses commercial and industrial land. The proposed changes affect the comprehensive plan map designation and zoning designation of the subject property. The EC zone currently permits a broad range of commercial uses along with multifamily uses only when located above the ground floor commercial as part of vertical mixed uses. The proposed modification would allow mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Provided commercial uses in the horizontal mixed use are consistent with Exhibit 37 (Civic and Commercial Plan) of the Twin Creeks Master Plan, the proposed amendments are consistent with Goal 9. Since Master Plan compliance is required for Site Plan and Architectural Review, approval, it can be concluded that the proposed Comprehensive Plan Map Amendment is consistent with Goal 9. Goal 10 – Housing. Goal 10 requires local communities to plan for and accommodate housing needs in the City. The proposed map amendments would allow mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site) and continuing to provide multifamily uses on the subject property. As such, the proposed amendments continue to allow housing, which is consistent with the City’s need to produce additional housing and with Goal 10. Goal 11 – Public Facilities and Services. Goal 11 calls for efficient planning of public services such as sewer, water, law enforcement and fire protection to assure that public services are planned in accordance with a community’s needs and capacities rather than to be forced to respond to development as it occurs. Public facilities and services are planned in accordance with the Comprehensive Plan Public Facilities Element and updated master plans for water, stormwater, etc. These facilities and services have been established to accommodate full build- out of the Twin Creeks Master Plan area for the benefit of the project site and other properties therein. The proposed amendment will not affect the provision of services or generate additional need for services since the proposed zoning will continue to allow a mix of commercial and residential uses. Goal 12 – Transportation. Goal 12 aims to provide a safe, convenient and economic transportation system. The development of the subject property was considered during the approval of the Twin Creeks Master Plan, which includes analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, concludes the proposed amendment is consistent with the original Traffic Impact Analysis for the Master Plan area and will not generate additional impacts on transportation facilities. 7.A.a Packet Pg. 46 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 5 of 20 Goal 13 – Energy. Goal 13 has to do with conserving all forms of energy. The subject property is within the Twin Creeks Master Plan area and located along a high capacity transportation corridor. As such, the proposed amendment and subsequent development of the subject property are not expected to increase energy utilization. Goal 14 – Urbanization. Goal 14 has to do with managing the City’s growth in conjunction with project need based on population and land use. The proposed map amendment is within the area considered for development within the Twin Creeks Master Plan, which considered development of the subject property to urban development standards and previously considered within the City’s land needs. As such, the proposed amendment will not affect population growth or land need. Goals 15- Applies to the Willamette Valley and does not apply to the City of Central Point. Goals 16-19 - Applies to coastal areas and does not affect the City of Central Point. Conclusion CPMC 17.96.500(A): Based on the nature of the proposed amendment and the findings above, the proposed change to Central Point Zone Map is consistent with all applicable Statewide Planning Goals. B. Approval of the request is consistent with the Central Point comprehensive plan (major and minor amendments); Finding CPMC 17.96.500 (B): A review of the Central Point Comprehensive Plan identified the following relevant policies: Urbanization Element: Policy 5: Promote efficient and economical patterns of mixed land uses and development densities that locate a variety of different life activities ,such as employment, housing, shopping and recreation in convenient proximity; and that are, or can be made, accessible by multiple modes of transportation —including walking, bicycling, and transit in addition to motor vehicles —within and between neighborhoods and districts. Finding Urbanization Policy 5: The proposed modification would allow mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). The site is within the area developed under the Twin Creek Master Plan that includes multiple modes of transportation within and between the neighborhoods. Conclusion Urbanization Policy 5: Consistent Economic Element: Goal 6: To maintain at all times an adequate supply of suitable short-term (five-year) employment lands. Finding Economic Goal 6: The proposed changes affect the comprehensive plan map designation and zoning designation of the subject property. The EC designation on the comprehensive plan map and zone map currently permits a broad range of commercial uses along with multifamily uses only when located above the ground floor commercial as part of 7.A.a Packet Pg. 47 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 6 of 20 vertical mixed uses. The proposed modification allows mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Provided commercial uses in the horizontal mixed use are consistent with Exhibit 37 (Civic and Commercial Plan) of the Twin Creeks Master Plan, the proposed amendments are consistent with the economic element. Conclusion Economic Goal 6: Consistent. Policy 4: Small Businesses: The City shall pursue and encourage development of leasable employment buildings (i.e. flex space) to create opportunities to expand, retain and attract small businesses to Central Point’s employment districts. Finding Policy 4: Small Businesses: The proposed modification would allow mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Provided commercial uses in the horizontal mixed use are consistent with Exhibit 37 (Civic and Commercial Plan) of the Twin Creeks Master Plan, the leasable commercial space fronting Twin Creeks Crossing will continue to provide opportunities for small businesses. Conclusion Policy 4: Small Businesses: Consistent. Policy 8: Adequate Short-Term Supply. The City shall assure that, through its Capital Improvement Program, public facilities and transportation facilities are available and adequate in capacity to maintain a supply of competitive short-term buildable lands sufficient to meet employment needs within a five-year period, particularly for the retail, specialty foods, professional, health care, and trucking sectors. Finding Policy 8: Adequate Short-Term Supply: The competitive short-term supply of land means those lands are ready for development with serviceable facilities, or public facilities, utilities and transportation facilities, that have adequate capacity for planned development. The proposed amendment is within the planning area for the Twin Creeks Master Plan that provides adequate and serviceable facilities to the site. The proposed modification would allow mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Provided commercial uses in the horizontal mixed use are consistent with Exhibit 37 (Civic and Commercial Plan) of the Twin Creeks Master Plan, the leasable commercial space fronting Twin Creeks Crossing will continue to provide opportunities for retail and professional uses. Conclusion Policy 8: Adequate Short-Term Supply: Consistent. Policy 9: Prepare for Long-Term Needs: The City shall maintain a supply of competitive short- term employment lands in the medium and large site categories equivalent to the twenty-year demand for those categories. The supply of short-term employment land shall be reviewed and updated every four years consistent with the Portland State University Population Research Center Coordinated Population Forecasting schedule. When it is determined that the supply of land as measured in terms of number of sites and/or acreage in the medium and large site categories is inadequate to serve the twenty-year needs then the City shall amend its UGB to include additional short-term (5-year) employment lands. 7.A.a Packet Pg. 48 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 7 of 20 Finding Policy 9: Prepare for Long-Term Needs: The Land Use Element defines the EC classification as lands “…designed to accommodate a wide variety of retail, service, and office uses in an environment that is pedestrian oriented…” Site requirements for uses in EC zones are typically smaller (0.5-5 acres) that accommodate smaller building sizes (200- 15,000 square feet). The project site is approximately 1.62 acres and is outside the demand projections for medium and large site needs assessments. Conclusion Policy 9: Prepare for Long-Term Needs: Not applicable. Land Use Element: Commercial Policy 1: Maintain the zoning of all commercial areas of Central point as necessary to comply with the Economic Element. Finding Commercial Policy 1: As demonstrated in the findings for Goal 6 of the Economic Element, the proposed modification allows mixed use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Provided commercial uses in the horizontal mixed use are consistent with Exhibit 37 (Civic and Commercial Plan) of the Twin Creeks Master Plan, the proposed amendments are consistent with the economic element. Conclusion Commercial Policy 1: Consistent. Conclusion CPMC 17.96.500(B):Based on the evaluation of applicable Comprehensive Plan policies, the proposed comprehensive plan map amendment is consistent with the Central Point Comprehensive Plan C. For urban growth boundary amendments findings demonstrate that adequate public services and transportation networks to serve the property are either available, or identified for construction in the city’s public facilities master plans (major and minor amendments); and Finding CPMC 17.96.500 (C): The proposed amendment to the City’s comprehensive plan map does not include an amendment to the urban growth boundary. Conclusion CPMC 17.96.500(C): Not applicable. D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. OAR 660-012-0060 – Transportation Planning Rule The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. Oregon Administrative Rule (OAR) 660-012-0060 subsection (1) states the following: (1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation (including a zoning map) would significantly affect an existing or planned transportation facility, then the local government must put in place measures as provided in section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule. 7.A.a Packet Pg. 49 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 8 of 20 A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of corrections of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or (c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on projected conditions measured at the end of the planning period identified in the adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to be generated within the areas of the amendment may be reduced if the amendment includes an enforceable, ongoing requirement that would demonstrably limit traffic generation, including, but not limited to, transportation demand management. This reduction may diminish or completely eliminate the significant effect of the amendment. (A) Types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Degrade the performance of an existing or planned transportation facility such that it would not meet the performance standards identified in the TSP or comprehensive plan; or, (C) Degrade the performance of an existing or planned transportation facility that is otherwise projected to not meet the performance standards identified in the TSP or comprehensive plan. Finding OAR 660-012-0060(1): A Trip Generation Analysis was prepared for the proposed zone change by Southern Oregon Transportation Engineering, LLC on April 17, 2023. The Study evaluates the proposed zone change on the 1.62-acre project site (37S 2W 03CA Tax Lot 1500) from EC to HMR. Per the Trip Generation Analysis, the trip generation of the proposed amendment was evaluated based on 45 multi-family dwelling units and 2,514 square feet of commercial gross floor area. The analysis reported a total of 700 daily trips and 57 PM Peak trips, which is a decrease in total daily trips and PM Peak trips on the surrounding streets. Per the Trip Generation Analysis, the traffic generated by the proposed development will not alter the functional classification for any existing or planned infrastructure. Conclusion OAR 660-012-0060(1): Consistent. (2) If a local government determines that there would be a significant effect, then the local government must ensure that allowed land uses are consistent with the identified function, capacity, and performance standards of the facility measured at the end of the planning period identified in the adopted TSP through one or a combination of the remedies listed in (a) through (e) below, unless the amendment meets the balancing test in subsection (2)(e) of this section or qualifies for partial mitigation in section (11) of this rule. A local government using 7.A.a Packet Pg. 50 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 9 of 20 subsection (2)(e), section (3), section (10) or section (11) to approve an amendment recognizes that additional motor vehicle traffic congestion may result and that other facility providers would not be expected to provide additional capacity for motor vehicles in response to this congestion. (a) Adopting measures that demonstrate allowed land uses are consistent with the planned, function, capacity, and performance standards of the facility. (b) Amending the TSP or comprehensive plan to provide transportation facilities, improvements or services adequate to support the proposed land uses consistent with the requirements of this division; such amendments shall include a funding plan or mechanism consistent with section (4) or include an amendment to the transportation finance plan so that the facility, improvement, or service will be provided by the end of the planning period. (c) Amending the TSP to modify the planned function, capacity or performance standards of the transportation facility. (d) Providing other measures as a condition of development or through a development agreement or similar funding method, including but not limited to transportation system management measures or minor transportation improvements. Local governments shall, as part of the amendment, specify when measures or improvements provided pursuant to this subsection will be provided. (e) Providing improvements that would benefit modes other than the significantly affected mode, improvements to facilities other than the significantly affected facility, or improvements at other locations if: (A) The provider of the significantly affected facility provides a written statement that the system-wide benefits are sufficient to balance the significant effect, even though the improvements would not result in consistency for all standards; (B) The providers of facilities being improved at other locations provide written statements of approval; and, (C) The local jurisdictions where facilities are being improved provide written statements of approval. Finding OAR 660-012-0060(2): As demonstrated in the findings and conclusions for OAR 660-012-0060(1), the proposed amendment does not significantly affect transportation facilities. Conclusion OAR 660-012-0060(2): Not applicable. 7.A.a Packet Pg. 51 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 10 of 20 (3) Notwithstanding sections(1) and (2) of this rule, a local government may approve an amendment that would significantly affect an existing transportation facility without assuring that the allowed land uses are consistent with the function, capacity, and performance standards of the facility where: (a) In the absence of the amendment, planned transportation facilities, improvements and services as set forth in section (4) of this rule would not be adequate to achieve consistency with the identified function, capacity or performance standard for that facility by the end of the planning period identified in the TSP. (b) Development resulting from the amendment will, at a minimum mitigate the impacts of the amendment in a manner that avoids further degradation to the performance of the facility by the time of the development through one or a combination of transportation improvements or measures; (c) The amendment does not involve property located in an interchange area as defined in paragraph (d)(C); and For affected state highways, ODOT provides a written statement that the proposed funding and timing for the identified mitigation improvements or measures are, ata minimum, sufficient to avoid further degradation to the performance of the affected state highway. However, if a local government provides the appropriate ODOT regional office with written notice of a proposed amendment in a manner that provides ODOT reasonable opportunity to submit a written statement into the record of the local government proceeding, and ODOT does not provide a written statement, then the local government may proceed with applying subsections (a) through (c) of this section. Finding OAR 660-012-0060(2): As demonstrated in the findings and conclusions for OAR 660-012-0060(1), the proposed amendment does not significantly affect transportation facilities. Conclusion OAR 660-012-0060(2): Not applicable. (4) Determinations under sections (1) through (3) of this rule shall be coordinated with affected transportation facility and service providers and other affected local governments. (a) In determining whether an amendment has a significant effect on an existing or planned transportation facility under subsection (1)(c) of this rule, local governments shall rely on existing transportation facilities and services and on the planned transportation facilities, improvements and services set forth in subsections (b) and (c) below. (b) Outside of interstate interchange areas, the following are considered planned facilities, improvements, and services: 7.A.a Packet Pg. 52 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 11 of 20 (A) Transportation facilities, improvements or services that are funded for construction or implementation in the Statewide Transportation Improvement Program or a locally or regionally adopted transportation improvement program or capital improvement plan or program of a transportation service provider. (B) Transportation facilities, improvements or services that are authorized in a local transportation system plan and for which a funding plan or mechanism is in place or approved. These include, but are not limited to, transportation facilities, improvements or services for which: transportation systems development charge revenues are being collected; a local improvement district or reimbursement district has been established or will be established or will be established prior to development; a development agreement has been adopted; or conditions of approval to fund the improvement have been adopted. (C) Transportation facilities, improvements or services in a metropolitan planning organization (MPO) area that are part of the area’s federally-approved, financially constrained regional transportation system plan. (D) Improvements to state highways that are included as planned improvements in a regional or local transportation system plan or comprehensive plan when ODOT provides a written statement that the improvements are reasonably likely to be provided by the end of the planning period. (E) Improvements to regional and local roads, streets or other transportation facilities or services that are included as planned improvements in a regional por local transportation system plan or comprehensive plan when the local government9s) or transportation service provider(s) responsible for the facility, improvement or service provides a written statement that the facility, improvement or service is reasonably likely to be provided by the end of the planning period. (c) Within interstate interchange areas, the improvements included in (b) (A-(C) are considered planned facilities, improvements and services, except where: (A) ODOT provides a written statement that the proposed funding and timing of mitigation measures are sufficient to avoid a significant adverse impact on the Interstate Highway system, then local governments may also rely on the improvements identified in paragraphs (b)(D) and (E) of this section; or, (B) There is an adopted interchange area management plan, then local government may also rely on the improvements identified in that plan and which are also identified in paragraphs (b)(D) and (E) of this section. (d) As used in this section and section (3): 7.A.a Packet Pg. 53 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 12 of 20 (A) Planned interchange means new interchanges and relocation of existing interchanges that are authorized in an adopted transportation system plan or comprehensive plan; (B) Interstate highway means Interstates 5, 82, 84, 105, 205 and 405; and, (C) Interstate interchange area means: (i) Property within one-quarter mile of the ramp terminal intersection of an existing or planned interchange on an Interstate Highway; or, (ii) The interchange area as defined in the Interchange Area Management Plan adopted as an amendment to the Oregon Highway Plan. (e) For purposes of this section, a written statement provided pursuant to paragraphs (b)(D), (b)(E), or (c)(A) provided by ODOT, a local government or transportation facility provider, as appropriate, shall be conclusive in determining whether a transportation facility, improvement or service is a planned transportation facility, improvement or service. In the absence of a written statement, a local government can only rely upon planned transportation facilities, improvements and services identified in paragraphs (b)(A)-(C) to determine whether there is a significant effect that requires application of the remedies in section (2). Finding OAR 660-012-0060(4): As demonstrated in the findings and conclusions for OAR 660-012-0060(1), the proposed amendment does not significantly affect transportation facilities. Conclusion OAR 660-012-0060(4): Not applicable. (5) The presence of a transportation facility or improvement shall not be a basis for an exception to allow residential, commercial, institutional, or industrial development on rural lands under this division or OAR 660-004-0022 and 660-004-0028. Finding OAR 660-012-0060(5): The application is for an amendment within city limits on lands zoned for commercial use and is not on rural lands. No exceptions are requested as part of the application. Conclusion OAR 660-012-0060(5): Not applicable. (6) If a local government is determining whether proposed land uses would affect or be consistent with planned transportation facilities as provided in sections (1) and (2) using a performance standard based on projected levels of motor vehicle traffic, then the local government shall give full credit for potential reduction in vehicle trips for uses located in mixed-use, pedestrian- friendly centers, and neighborhoods as provided in subsections (a)–(d); 7.A.a Packet Pg. 54 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 13 of 20 (a) Absent adopted local standards or detailed information about the vehicle trip reduction benefits of mixed-use, pedestrian-friendly development, local governments shall assume that uses located within a mixed-use, pedestrian-friendly center, or neighborhood, will generate 10 percent fewer daily and peak hour trips than are specified in available published estimates, such as those provided by the Institute of Transportation Engineers (ITE) Trip Generation Manual that do not specifically account for the effects of mixed- use, pedestrian-friendly development. The 10 percent reduction allowed for by this subsection shall be available only if uses that rely solely on auto trips, such as gas stations, car washes, storage facilities, and motels are prohibited; (b) Local governments shall use detailed or local information about the trip reduction benefits of mixed-use, pedestrian-friendly development where such information is available and presented to the local government. Local governments may, based on such information, allow reductions greater than the 10 percent reduction required in subsection (a); (c) Where a local government assumes or estimates lower vehicle trip generation as provided in subsection (a) or (b), it shall ensure through conditions of approval, site plans, or approval standards that subsequent development approvals support the development of a mixed-use, pedestrian-friendly center or neighborhood and provide for on-site bike and pedestrian connectivity and access to transit as provided for in OAR 660-012-0045(3) and (4). The provision of on-site bike and pedestrian connectivity and access to transit may be accomplished through application of acknowledged ordinance provisions which comply with OAR 660-012-0045(3) and (4) or through conditions of approval or findings adopted with the plan amendment that ensure compliance with these rule requirements at the time of development approval; and (d) The purpose of this section is to provide an incentive for the designation and implementation of pedestrian-friendly, mixed-use centers and neighborhoods by lowering the regulatory barriers to plan amendments that accomplish this type of development. The actual trip reduction benefits of mixed-use, pedestrian-friendly development will vary from case to case and may be somewhat higher or lower than presumed pursuant to subsection (a). The commission concludes that this assumption is warranted given general information about the expected effects of mixed-use, pedestrian-friendly development and its intent to encourage changes to plans and development patterns. Nothing in this section is intended to affect the application of provisions in local plans or ordinances that provide for the calculation or assessment of systems development charges or in preparing conformity determinations required under the federal Clean Air Act Finding OAR 660-012-0060(6): See Finding OAR 660-012-0060(1). Conclusion OAR 660-012-0060(6): Not applicable. 7.A.a Packet Pg. 55 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 14 of 20 (7) Amendments to acknowledged comprehensive plans and land use regulations that meet all of the criteria listed in subsections (a)–(c) shall include an amendment to the comprehensive plan, transportation system plan, the adoption of a local street plan, access management plan, future street plan, or other binding local transportation plan to provide for on-site alignment of streets or accessways with existing and planned arterial, collector, and local streets surrounding the site as necessary to implement the requirements in OAR 660-012-0020(2)(b) and 660-012-0045(3): (a) The plan or land use regulation amendment results in designation of two or more acres of land for commercial use; (b) The local government has not adopted a TSP or local street plan that complies with OAR 660-012-0020(2)(b) or, in the Portland Metropolitan Area, has not complied with Metro’s requirement for street connectivity as contained in Title 1, Section 3.08.110 of the Regional Transportation Functional Plan; and (c) The proposed amendment would significantly affect a transportation facility as provided in section (1). Finding OAR 660-012-0060(7): The subject property is less than two acres in size and the proposed amendment seeks to change the comprehensive plan designation from commercial to high-density residential. The Transportation System Plan for the City of Central Point was acknowledged in 2008. As demonstrated in the findings and conclusions for OAR 660-012- 0060(1), the proposed amendment does not significantly affect transportation facilities. Conclusion OAR 660-012-0060(7): Not applicable. (8) A “mixed-use, pedestrian-friendly center or neighborhood” for the purposes of this rule, means: (d) Any one of the following: i. An existing central business district or downtown; ii. An area designated as a central city, regional center, town center, or main street in the Portland Metro 2040 Regional Growth Concept; iii. An area designated in an acknowledged comprehensive plan as a transit-oriented development or a pedestrian district; or iv. An area designated as a special transportation area as provided for in the Oregon Highway Plan. (e) An area other than those listed in subsection (a) which includes or is planned to include the following characteristics: 7.A.a Packet Pg. 56 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 15 of 20 (A) A concentration of a variety of land uses in a well-defined area, including the following: (i) Medium to high density residential development (12 or more units per acre); (ii) Offices or office buildings; (iii) Retail stores and services; (iv) Restaurants; and (v) Public open space or private open space that is available for public use, such as a park or plaza. (B) Generally include civic or cultural uses; (C) A core commercial area where multi-story buildings are permitted; (D) Buildings and building entrances oriented to streets; (E) Street connections and crossings that make the center safe and conveniently accessible from adjacent areas; (F) A network of streets and, where appropriate, accessways and major driveways that make it attractive and highly convenient for people to walk between uses within the center or neighborhood, including streets and major driveways within the center with wide sidewalks and other features, including pedestrian-oriented street crossings, street trees, pedestrian-scale lighting and on-street parking; (G) One or more transit stops (in urban areas with fixed route transit service); and (H) Limit or do not allow low-intensity or land extensive uses, such as most industrial uses, automobile sales and services, and drive-through services. Finding OAR 660-012-0060(8): The subject property meets the definition of a mixed use, pedestrian-friendly center or neighborhood as it is located within a transit oriented development designated on the comprehensive plan map. Conclusion OAR 660-012-0060(8): Consistent. (9) Notwithstanding section (1) of this rule, a local government may find that an amendment to a zoning map does not significantly affect an existing or planned facility if all of the following requirements are met: 7.A.a Packet Pg. 57 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 16 of 20 (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; Finding OAR 660-012-0060(9)(a): The City of Central Point uses a two (2) map system with the Comprehensive Plan Map and the Land Use Map. The Comprehensive Plan Map provides a broad view of development within the City; whereas, the Land Use Map, commonly referred to as the Zoning Map, represents the spatial distribution of all land uses and provides parcel specific information for development. The application for comprehensive plan map amendment is being processed concurrently with an application for a Zone Map Amendment (see File No. ZC-23002) that proposes to change the zone map to change the zoning to High Mix Residential (HMR) that is consistent with the proposed high density residential designation in the comprehensive plan. Conclusion OAR 660-012-0060(9)(a): Consistent. (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and, Finding OAR 660-012-0060(9)(b): The Transportation System Plan for the City of Central Point was acknowledged in 2008 and updated in 2023. The Land Use Goals and Policies in the TSP direct the City to effectively manage the use of land within the urbanized area and manage the Land Element of the Comprehensive Plan in a manner that is consistent with the successful implementation of the TSP. The Land Use Element determines where a land use will be physically sited, how it will be managed to achieve the City’s land use goals and includes the street classification system for all streets within the City’s urban area to ensure the land uses are compatible with the surrounding infrastructure. At the time the TSP and Land Use Element were acknowledged, they were in balance. As demonstrated in the findings and conclusions for OAR 660-012-0060(1), the proposed amendment does not significantly affect transportation facilities; therefore it can be concluded that the proposed zoning remains consistent with the TSP. Conclusion OAR 660-012-0060(9)(b): Consistent. (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. Finding OAR 660-012-0060(9)(c): The subject property and the surrounding area were not exempted from the Transportation Planning Rule at the time of an urban growth boundary expansion. 7.A.a Packet Pg. 58 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 17 of 20 Conclusion OAR 660-012-0060(9)(c): Not applicable. (10) Notwithstanding sections (1) and (2) of this rule, a local government may amend a functional plan, a comprehensive plan or a land use regulation without applying performance standards related to motor vehicle traffic congestion (e.g. volume to capacity ratio or V/C), delay or travel time if the amendment meets the requirements of subsection (a) of this section. This section does not exempt a proposed amendment from other transportation performance standards or policies that may apply including, but not limited to, safety for all modes, network connectivity for all modes (e.g. sidewalks, bicycle lanes) and accessibility for freight vehicles of a size and frequency required by the development. (a) A proposed amendment qualifies for this section if it: (A) Is a map or text amendment affecting only land entirely within a multimodal mixed-use area (MMA); and (B) Is consistent with the definition of an MMA and consistent with the function of the MMA as described in the findings designating the MMA. (b) For the purpose of this rule, “multimodal mixed-use area” or “MMA” means an area: (A) With a boundary adopted by a local government as provided in subsection (d) or (e) of this section and that has been acknowledged; (B) Entirely within an urban growth boundary; (C) With adopted plans and development regulations that allow the uses listed in paragraphs (8)(b)(A) through (C) of this rule and that require new development to be consistent with the characteristics listed in paragraphs (8)(b)(D) through (H) of this rule; (D) With land use regulations that do not require the provision of off-street parking, or regulations that require lower levels of off-street parking than required in other areas and allow flexibility to meet the parking requirements (e.g. count on-street parking, allow long-term leases, allow shared parking); and (E) Located in one or more of the categories below: (i) At least one-quarter mile from any ramp terminal intersection of existing or planned interchanges; 7.A.a Packet Pg. 59 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 18 of 20 (ii) Within the area of an adopted Interchange Area Management Plan (IAMP) and consistent with the IAMP; or (iii) Within one-quarter mile of a ramp terminal intersection of an existing or planned interchange if the mainline facility provider has provided written concurrence with the MMA designation as provided in subsection (c) of this section. (c) When a mainline facility provider reviews an MMA designation as provided in subparagraph (b)(E)(iii) of this section, the provider must consider the factors listed in paragraph (A) of this subsection. (A) The potential for operational or safety effects to the interchange area and the mainline highway, specifically considering: (i) Whether the interchange area has a crash rate that is higher than the statewide crash rate for similar facilities; (ii) Whether the interchange area is in the top ten percent of locations identified by the safety priority index system (SPIS) developed by ODOT; and (iii) Whether existing or potential future traffic queues on the interchange exit ramps extend onto the mainline highway or the portion of the ramp needed to safely accommodate deceleration. (B) If there are operational or safety effects as described in paragraph (A) of this subsection, the effects may be addressed by an agreement between the local government and the facility provider regarding traffic management plans favoring traffic movements away from the interchange, particularly those facilitating clearing traffic queues on the interchange exit ramps. (d) A local government may designate an MMA by adopting an amendment to the comprehensive plan or land use regulations to delineate the boundary following an existing zone, multiple existing zones, an urban renewal area, other existing boundary, or establishing a new boundary. The designation must be accompanied by findings showing how the area meets the definition of an MMA. Designation of an MMA is not subject to the requirements in sections (1) and (2) of this rule. (e) A local government may designate an MMA on an area where comprehensive plan map designations or land use regulations do not meet the definition, if all of the other elements meet the definition, by concurrently adopting comprehensive plan or land use regulation amendments necessary to meet the definition. Such amendments are not subject to performance standards related to motor vehicle traffic congestion, delay or travel time. 7.A.a Packet Pg. 60 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 19 of 20 Finding OAR 660-012-0060(10): The proposed amendment affects land within an Activity Center, an area designated in the comprehensive plan for mixed uses with medium to high density. The activity center promotes pedestrian oriented development with transit services. However, the activity centers are not consistent with the definition of a Mulitmodal Mixed Use Area (MMA), as defined in the TPR. As shown in the Applicant’s Trip Generation Analysis and demonstrated in the findings and conclusions for OAR 660-012-0060(1), the proposed amendment does not significantly affect transportation facilities and the functional plan will not change. Conclusion OAR 660-012-0060(10): Not applicable. (11) A local government may approve an amendment with partial mitigation as provided in section (2) of this rule if the amendment complies with subsection (a) of this section, the amendment meets the balancing test in subsection (b) of this section, and the local government coordinates as provided in subsection (c) of this section. (a) The amendment must meet paragraphs (A) and (B) of this subsection. (A) Create direct benefits in terms of industrial or traded-sector jobs created or retained by limiting uses to industrial or traded-sector industries. (B) Not allow retail uses, except limited retail incidental to industrial or traded sector development, not to exceed five percent of the net developable area. (C) For the purpose of this section: (i) “Industrial” means employment activities generating income from the production, handling, or distribution of goods including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment, and research and development. (ii) “Traded-sector” means industries in which member firms sell their goods or services into markets for which national or international competition exists. (b) A local government may accept partial mitigation only if the local government determines that the benefits outweigh the negative effects on local transportation facilities and the local government receives from the provider of any transportation facility that would be significantly affected written concurrence that the benefits outweigh the negative effects on their transportation facilities. If the amendment significantly affects a state highway, then ODOT must coordinate with the Oregon Business Development Department regarding the economic and job creation benefits of the proposed amendment 7.A.a Packet Pg. 61 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Department Findings Page 20 of 20 as defined in subsection (a) of this section. The requirement to obtain concurrence from a provider is satisfied if the local government provides notice as required by subsection (c) of this section and the provider does not respond in writing (either concurring or non- concurring) within 45 days. (c) A local government that proposes to use this section must coordinate with Oregon Business Development Department, Department of Land Conservation and Development, area commission on transportation, metropolitan planning organization, and transportation providers and local governments directly impacted by the proposal to allow opportunities for comments on whether the proposed amendment meets the definition of economic development, how it would affect transportation facilities and the adequacy of proposed mitigation. Informal consultation is encouraged throughout the process starting with pre-application meetings. Coordination has the meaning given in ORS 197.015 and Goal 2 and must include notice at least 45 days before the first evidentiary hearing. Notice must include the following: (A) Proposed amendment. (B) Proposed mitigating actions from section (2) of this rule. (C) Analysis and projections of the extent to which the proposed amendment in combination with proposed mitigating actions would fall short of being consistent with the performance standards of transportation facilities. (D) Findings showing how the proposed amendment meets the requirements of subsection (a) of this section. (E) Findings showing that the benefits of the proposed amendment outweigh the negative effects on transportation facilities Finding OAR 660-012-0060(10): As shown in the Applicant’s Trip Generation Analysis and demonstrated in the findings and conclusions for OAR 660-012-0060(1), the amendment does not significantly affect transportation facilities, the functional plan will not change and mitigation is not required. Conclusion OAR 660-012-0060(10): Not applicable. PART 3 – CONCLUSION As evidenced in findings and conclusions provided in Part 2, the proposed comprehensive plan map amendment is consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide Transportation Planning Rule. 7.A.a Packet Pg. 62 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) MEMORANDUM To: City of Central Point Planning Division 140 South Third Street Central Point, OR 97502 Date: 04/17/2023 Project: Central Point Station Phase 2 - Plan Amendment and Zone Change Subject: Trip Generation Assessment Southern Oregon Transportation Engineering prepared a trip generation assessment for a proposed Minor Comprehensive Plan Amendment and zone change from Employment Commercial (EC TOD) to High Mix Residential / Commercial (HMR/TOD) on 1.62 acres located along the south side of Twin Creeks Crossing, west of the railroad tracks (372W03CA tax lot 1500) in Central Point, Oregon. Our assessment is provided below. BACKGROUND The proposed plan amendment and zone change from EC to HMR/Commercial allows the same highest and best uses, which are commercial uses. For the Transportation Planning Rule (TPR) assessment, the potential trip generation for the proposed plan amendment and zone change is a net zero increase or no increase to the transportation system. For the proposed site plan assessment, the planned uses on the site include high density residential and commercial, with 45 multi-family residential (MFR) units and 2,514 square feet (SF) of commercial gross floor area (GFA). A site plan is shown below. 319 Eastwood Drive Medford, OR 97504 Telephone 541.941.4148 Kim.parducci@gmail.com 7.A.a Packet Pg. 63 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Central Point Station Phase 2 Plan Amendment / ZC – Trip Generation Assessment 2 TRIP GENERATION The Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition was used to generate trips for the proposed plan amendment and zone change analysis. Land use 220 – Multifamily Housing and 822 – Strip Retail Plaza (<40k) were used in the analysis. A summary of results is provided in Table 1. ITE graphs and land use descriptions are provided in the attachments. SF = square feet, DU = dwelling unit 1. Land Use 822 weekday rate based on fitted curve equation 2. Land Use 220 weekday, a.m., and p.m. rates based on fitted curve equations As shown in Table 1, the highest and best use within both the base zoning (EC TOD) and proposed zoning (HMR/Commercial TOD) is a commercial use and results in no net increase to the transportation system. The trip generations in Table 1 assume 25% buildout (17,950 SF) for commercial development, but this could be higher or lower depending on site layout. Comparing 25% buildout of commercial development to the proposed site plan (45 multifamily units + 2,514 SF of commercial) shows a net decrease of 287 average daily trips (ADT) overall. AGENCY REQUIREMENTS The City of Central Point requires a traffic impact analysis (Public Works Standards and Specifications 320.10.03(3)) when trip generations fall within specific ranges. These include a change in zoning or plan amendment that generates 300 average daily trips (ADT) more than current zoning, an increase in site traffic by 250 ADT or 25 peak hour trips, an increase in peak hour volume of a particular movement to and from the State highway by 20%, or an increase in use of adjacent streets by vehicles exceeding 20,000 pounds gross vehicle weight. None of the TIA requirements are shown to be met. No TIA, therefore, is shown to be required unless the City has a safety concern that we are unaware of. ODOT Development Review Guidelines (Chapter 3.3) provide traffic impact analysis thresholds for various types of developments. A TIA is required to address the TPR when a proposed land use change results in an increase of 1000 ADT or greater than 400 ADT on a Table 1 – Central Point Station GLUP Amendment and Zone Change Trip Generations Land Use Unit Size Daily Trips Weekday AM Peak Hour Weekday PM Peak Hour Total (In) (Out) Total (In) (Out) Base Zoning EC TOD 822 – Strip Retail Plaza 1000 SF 17.95 987 42 25 17 118 59 59 Proposed Zoning HMR/Commercial TOD 822 – Strip Retail Plaza 1000 SF 17.95 987 42 25 17 118 59 59 Proposed Site Plan 220 – Multifamily Housing DU 45 364 37 9 28 40 25 15 822 – Strip Retail Plaza 1000 SF 2.514 336 6 4 2 17 9 8 Site Plan Trip Total 700 43 13 30 57 34 23 Net Difference (potential) EC to HMR/Commercial 0 0 0 Net Difference (site plan) EC to HMR/Commercial -287 +1 -61 7.A.a Packet Pg. 64 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Central Point Station Phase 2 Plan Amendment / ZC – Trip Generation Assessment 3 highway section. The proposed plan amendment and zone change is shown to result in no net increase on the transportation system. The proposed site also does not take direct access to a State facility. No TIA, therefore, is expected to be required by ODOT. Based on the trip assessment for the proposed plan amendment and zone change, it is our conclusion that a traffic impact analysis is not shown to be required by City of Central Point or ODOT criteria. The proposed zone change is concluded to have no significant effect on existing or planned facilities in accordance with Division 12 of the Oregon Administrative Rules (OAR) 660-012-0060. Please feel free to contact us with any questions. Respectfully, _______________________________________ Kimberly Parducci, PE PTOE Firm Principal Southern Oregon Transportation Engineering, LLC Attachments: ITE Graphs Site Plan Assessors map Agency requirements 7.A.a Packet Pg. 65 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) ________________________ ________________________ ATTACHMENTS 7.A.a Packet Pg. 66 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) Planning Commission Resolution No. 905 (06/06/2023) PLANNING COMMISSION RESOLUTION NO. 905 A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A MINOR COMPREHENSIVE PLAN MAP AMENDMENT FROM EMPLOYMENT COMMERCIAL TO HIGH DENSITY RESIDENTIAL ON A 1.62 ACRE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 03CA, TAX LOT 1500. File No. CPA-23002 Applicant: Smith Crossing, LLC WHEREAS, the Comprehensive Plan Land Use Map is proposed to re-designate the property identified by the Jackson County Assessor’s Map as 37S 2W 03CA Tax Lot 1500 as High Density Residential; and WHEREAS, the proposed Comprehensive Map Amendment is consistent with applicable statewide planning goals; and WHEREAS, the proposed Comprehensive Map Amendment is accompanied by, and being processed concurrently with, an application for a Zone Map Amendment (see File No. ZC- 23002) that proposes to change the zoning map to High Mix Residential that is consistent with the proposed comprehensive plan map change to high density residential; and WHEREAS, adequate public services and transportation networks are available to the site; and WHEREAS, the proposed comprehensive plan map change from Employment Commercial to High Density Residential has been determined to be consistent with the State Transportation Planning Rule. NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. 905, does recommend that the City Council approve the comprehensive plan map on the property identified by the Jackson County Assessor’s Map as 37S 2W 03CA Tax Lot 1500. This decision is based on the Staff Report dated June 6, 2023 including Attachments A through F attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 6th day of June, 2023. _______________________________ Planning Commission Chair ATTEST: _______________________________ City Representative 7.A.a Packet Pg. 67 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 5 ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p A m e n d m e n t ) ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT COMPREHENSIVE PLAN MAP FROM EMPLOYMENT COMMERCIAL TO HIGH DENSITY RESIDENTIAL ON A 1.62 ACRE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 03CA TAX LOT 1500. Recitals: A. The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B. The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City Comprehensive Plans. C. Pursuant to authority granted by the City Charter and the ORS, the City may amend the Central Point Comprehensive Plan and Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D. Pursuant to the requirements set forth in CPMC Chapter 17.96.100 Comprehensive Plan Map and Urban Growth Boundary Amendments – Purpose and Chapter 17.05.010, Applications and Development Permit Review Procedures, the City has accepted an application and conducted the following duly advertised public hearings to consider the proposed amendment: a) Planning Commission hearing on June 22, 2023 b) City Council hearings on June 22, 2023 and July 13, 2023. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report dated June 6, 2023 including all attachments therein; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City comprehensive plan map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein. 7.A.b Packet Pg. 68 At t a c h m e n t : A t t a c h m e n t B - C i t y C o u n c i l O r d i n a n c e [ R e v i s i o n 1 ] ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p EXHIBIT 1 Section 3. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. Section 4. Effective date. The Central Point City Charter states that an ordinance enacted by the council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.A.b Packet Pg. 69 At t a c h m e n t : A t t a c h m e n t B - C i t y C o u n c i l O r d i n a n c e [ R e v i s i o n 1 ] ( 1 7 0 3 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r C o m p r e h e n s i v e P l a n M a p City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: Justin Gindlesperger, Community Planner II MEETING DATE: June 22, 2023 SUBJECT: Public Hearing to consider a Minor Zone Map Amendment on 1.62 acres on property identified on the Jackson County Assessor’s Map as 37S 2W 03CA, Tax Lot 1500. ACTION REQUIRED: Ordinance 1st Reading RECOMMENDATION: None Forwarded BACKGROUND INFORMATION: On June 6, 2023, the Planning Commission approved Resolution No. 906 forwarding a favorable recommendation to the City Council to approve a Minor Zone Map Amendment from Employment Commercial (EC) to High Mix Residential (HMR) in the Twin Creeks Transit Oriented Development (TOD) Master Plan area. It is the Applicant’s intent to develop the property with a mixed-use development that includes 45 multifamily residential units with limited ground floor commercial uses along the Twin Creeks Crossing frontage and multifamily buildings interior to the site. The proposed zone change would allow mixed-use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). In consideration of this application, there are three (3) criteria that must be addressed per CPMC 17.10.400: 1. Comprehensive Plan Compliance. Review of the Comprehensive Plan identified several relevant policies that promote efficient patterns of mixed land uses, ensure an adequate supply of employment lands that are appropriate for small businesses and a need to maintain the zoning within commercial areas of the City. The current EC zone designation permits a broad range of commercial uses along with multifamily uses only when located above the ground floor commercial as part of vertical mixed use developments. The proposed zone map change maintains mixed-use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). Approval of the Zone Map amendment is subject to approval of the Minor 7.B Packet Pg. 70 Comprehensive Plan Map Amendment (File No. CPA 23002) being reviewed concurrent with this application. 2. Compatibility with Surround Land Uses and Zoning. The proposed Zone Map Change is for a single, 1.62 acre property at the intersection of Twin Creeks Crossing and Boulder Ridge Street. The properties to the south and west are developed with residential uses in the High Mix Residential (HMR) and Medium Mix Residential (MMR) zones, respectively. Amending the zone map to include the subject property in the HMR zone is consistent with the existing zoning and land uses of the adjacent properties and maintains mixed uses opportunities on the site as required by the Twin Creeks TOD Master Plan. 3. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. The development of the subject property was considered during the approval of the Twin Creeks Master Plan, which includes analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, evaluated the proposed zone change from EC to HMR and concluded the proposed map amendment will not generate additional impacts on transportation facilities. FINANCIAL ANALYSIS: The proposed zoning map amendments do not generate additional cost to the City beyond in-kind staff expense. LEGAL ANALYSIS: The primary issues to be considered and discussed at the meeting will be related to CPMC 17.10.400. 1. A decision for a text amendment shall be based on approval criteria, applicable regulations and factual evidence in the record including conformance with the Statewide Planning Goals, the City of Central Point Comprehensive Plan and State Transportation Planning Rule. 2. A decision may be for denial, approval or approval with conditions. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Community Investment, Goal 6 – Meet the housing needs of Central Point residents and businesses. The proposed Zone Map Amendment maintains commercial use opportunities consistent with the Twin Creeks TOD Master Plan and responds to the need for housing in the City by adding 45 additional units where housing was not previously contemplated (File No. SPAR-23001). Vibrant Economy, Goal 5 – Support business development and entrepreneurship. Provision of leasable commercial space is consistent with providing opportunities for 7.B Packet Pg. 71 business relocation and growth in the City. Increased housing opportunities within walking distances improves the potential customer base for future businesses leasing commercial space in the Master Plan area. STAFF RECOMMENDATION: Conduct a first reading of the ordinance for proposed zone map amendment and a duly noticed public hearing and forward the Ordinance to a second reading with or without changes. RECOMMENDED MOTION: I move to forward the Ordinance approving amendments to Central Point Zone Map to a second reading at the July 13, 2023 Council Meeting. ATTACHMENTS: 1. Attachment A_Resolution 906 2. Attachment B - City Council Ordinance 7.B Packet Pg. 72 7.B.a Packet Pg. 73 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Staff Report Central Point Station – Phase 2 Minor Zone Map Amendment File No. ZC-23002 June 6, 2023 Item Summary Consideration of a Minor Zone Map Amendment application from Employment Commercial (EC) to High Mix Residential (HMR) for 1.62 acres in the Twin Creeks Transit Oriented Development (TOD) District. The subject property is located at the intersection of Twin Creeks Crossing and Boulder Ridge Street and is identified on the Jackson County Assessor’s map as 37S 2W 03CA, Tax Lot 1500. Applicant: Smith Crossing, LLC; Agent: Scott Sinner Consulting, Inc. Associated Files: CPA-23002, MP-23001, SPAR-23001 Staff Source Justin Gindlesperger, Community Planner II Background Smith Crossing, LLC (“Applicant”) has requested a Minor Zone Map Amendment from EC to HMR in the Twin Creeks TOD District. It’s the Applicant’s intent to develop the property with a mixed-use development that includes 45 multifamily residential units with limited ground floor commercial uses along the Twin Creeks Crossing frontage and multifamily buildings interior to the site. The proposed zone change would allow mixed-use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). In consideration of this application, there are three (3) criteria that must be addressed per CPMC 17.10.400: 1. Comprehensive Plan Compliance. Review of the Comprehensive Plan identified several relevant policies that promote efficient patterns of mixed land uses, ensure an adequate supply of employment lands that are appropriate for small businesses and a need to maintain the zoning within commercial areas of the City. The current EC zone designation permits a broad range of commercial uses along with multifamily uses only when located above the ground floor commercial as part of vertical mixed uses. The proposed zone map change maintains mixed-use opportunities on this site, including vertical (mixed use in the same building) and horizontal (mixed use in separate buildings on a site). 2. Compatibility with Surround Land Uses and Zoning. The proposed Zone Map Change is for a single, 1.62 acre property at the intersection of Twin Creeks Crossing 7.B.a Packet Pg. 74 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) and Boulder Ridge Street. The properties to the south and west are developed with residential uses in the High Mix Residential (HMR) and Medium Mix Residential (MMR) zones, respectively. Amending the zone map to include the subject property in the HMR zone is consistent with the existing zoning and land uses of the adjacent properties and maintains mixed uses opportunities on the site. 3. Traffic Impacts/Transportation Planning Rule Compliance. The State Transportation Planning Rule (TPR) in OAR 660-012-0060 requires changes to land use plans and land use regulations (i.e. Comprehensive Plan Map Amendments and Zoning Map Amendments) to be consistent with the function and capacity of existing and planned transportation facilities. The development of the subject property was considered during the approval of the Twin Creeks Master Plan, which includes analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, evaluated the proposed zone change from EC to HMR and concluded the proposed map amendment will not generate additional impacts on transportation facilities. Issues None. Findings of Fact & Conclusions of Law The Central Point Station, Phase 2, Minor Zone Map Amendment has been evaluated against the applicable criteria set forth in CPMC 17.10 and found to comply as evidenced in the Applicant’s Restated Findings of Fact (Attachments “C”), the Planning Department Supplemental Findings (Attachment “D”) and the Staff Report dated June 6, 2023. Conditions of Approval None. Attachments Attachment “A” – Project Location Map Attachment “B” – Master Site Plan Attachment “C” – Applicant’s Restated Findings and Exhibits, dated 05/25/2023 Attachment “D” – Planning Department Supplemental Findings Attachment “E” – Trip Generation Assessment, dated 04/17/2023 Attachment “F” – Resolution No. 906 Action Conduct the public hearing and consider the Minor Zone Map Amendment application. The Planning Commission may 1) approve; 2) approve with revisions; or 3) deny the application. If the Planning Commission finds there is insufficient evidence to take one of these actions at the June meeting, the Planning Commission may continue the public hearing to a date and time 7.B.a Packet Pg. 75 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) specific as necessary to allow the applicant to respond to any issues or questions and update their findings. Recommendation Approve the Minor Zone Map Amendment application per the the Staff Report dated June 6, 2023, the Applicant’s Findings, as corrected, in Attachment “C” and the Planning Department Supplemental Findings in Attachment “D.” 7.B.a Packet Pg. 76 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) ATTACHMENT “A” 7.B.a Packet Pg. 77 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) ATTACHMENT “B” 7.B.a Packet Pg. 78 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT I. 75 milocsmith@gmail.com gent: o ne u 44 a Jua ue efo,54 ottinne@yah. oey 372W 03 5 w eek ng tl Point,5 g 5 on ,R 5 1.62 cre ue ng pyen ome () oe Zong ey es (D) u P ego oyet mecil od eiao igh ensiy Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 1 of 9 7.B.a Packet Pg. 79 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT i Rg Wa f B S g . fi p t S prop 2,5 ci lli x c e n z p M (MC) Findings of Fact; 17,10,100 17,10,200 of 17,10,300 17,10,400 Approval 17.10.500 Conditions of 17.10,600 17,10,100 Purpose, t Cal P ty zng p (zg map),herein eferred t "xt d."(O.1989 § 1 (prt), 2014; 0rd.1874 53(part),2006). 17,10.200 Initiation of amendments, A e en zg y b ae by : A. A l by he lg o h city l; Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 2 of 9 7.B.a Packet Pg. 80 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT C. 17,10.300 Major and minor amendments, A. edure in Section 17.05,500. 8 n li ifc v pplin,t nw li (i j d.M and ll ll e Ill St 75.4 h p ty ft h g i.O. 17,10.400 Approval criteria. d n h n ll A. n ; C. If g i g q li rv ra tw k rv a nt ty's ( minor amendments);and Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 3 of9 7.B.a Packet Pg. 81 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT A. iewed using the Type IVprocedure in Section 17.05,500, B. ppli f py spif a p art ,201 ;d 18 4 3 rt , cl L e y ncil cl e q g Am sj py n m g e 111 A. p f qu li g amendments only); ng f : h i j on Mp mm d mti cy S P G ic hs Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 4 of 9 7.B.a Packet Pg. 82 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT pd f vd ro pa ri fo i zi ap d a fi Cpehnv a. prova f ic li eg w ll es CC. cl T ty Cui cocl h z g pplic wi nl i C la C. If zg p dm,f dra q p srv rarto twk v rty a ih vlb o ifi o cto ty's b ci pla (j a );ad nn f b prty Ti k T O Dtt (OD). dvp t fr. T i ek OD p ,Ctry A rv d w,iary w,,d ,p ym T pli q fr ic Wk Di,Mtt i i p facity qcy fo h z n.H : Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 5 of 9 7.B.a Packet Pg. 83 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT inch p 4 T Ck g s At 5 N TIA q fo th zone change/Comp Change. City 12-Comprehensive Plan Ecmc Element (2019) 214 qr cc ro fr C tt u z v s n f aila I C Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 6 of 9 7.B.a Packet Pg. 84 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT T w z w fo g fal n v 2512 v E E fi k F ug e qud k ,ci o Mfacu a no q w v ia g c p ly ns s cln L cl Z A v . 0.300(B)). F t Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 7 of 9 7.B.a Packet Pg. 85 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT 5 (1-5). .5 r fo ull r ficy ccl vl. w cw o y Pl herfo w T e. c cic cl L: ron c c pc p T e Appct ry : Fg Fc hv dn Zn m amm p m g m c h G li ro c c p q i i M ici p eh iv a Pl i g G l Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 8 of 9 7.B.a Packet Pg. 86 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) BEFORE THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT ctt S S S g Ic Scott Sinner Consulting, Inc. Central Point Station Phase 2 Zone Change Page 9 of 9 7.B.a Packet Pg. 87 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Planning Department Findings Page 1 of 3 PLANNING DEPARTMENT SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS OF LAW File No.: ZC-23002 Before the City of Central Point Planning Commission Consideration of a Zone (Map) Change on 1.62 acres for a property identified on the Jackson County Assessor’s map as 37S 2W 03CA, Tax Lot 1500. Applicant: ) Findings of Fact Smith Crossing LLC ) and 353 Dalton Street ) Conclusion of Law Medford OR 97501 ) PART 1 INTRODUCTION The proposed zone map amendment requests to rezone the above property, located within the City of Central Point Transit Oriented Development (TOD) District, from Employment Commercial (EC) to High Mix Residential (HMR). The Minor Zoning Map Amendment request is quasi-judicial and is subject to Type III application procedures set forth in Section 17.05.400. Applicable development code criteria for this Application include CPMC 17.10, which includes compliance with the statewide planning goals, comprehensive plan and Transportation Planning Rule. The amendment’s compliance with applicable criteria are presented in Part 2 and summarized in Part 3. PROJECT BACKGROUND The applicant proposes a 45-unit multifamily development with limited ground floor commercial uses along the Twin Creeks Crossing frontage. The 1.62 acre project site is zoned Employment Commercial (EC) and is identified in the Twin Creeks Master Plan as a site to provide 1-2 stories of retail, professional office uses. The proposed use is not consistent with the current zoning district, which only allows residential units above ground floor commercial. The current application proposes to modify the zone map from Employment Commercial (EC) to High Mix Residential (HMR). The proposed modification would permit mixed use opportunities on the site, including vertical (mixed use in same building) and horizontal (mixed use in adjacent buildings). The City of Central Point uses a two (2) map system with the Comprehensive Plan Map and the Land Use Map. The Comprehensive Plan Map provides a broad view of development within the City; whereas, the Land Use Map, commonly referred to as the Zoning Map, represents the spatial distribution of all land uses and provides parcel specific information for development. The Land Use Element of the City’s Comprehensive Plan requires the Comprehensive Plan Map and the Zoning Map to maintain consistency at all times. Therefore, the application for zone map amendment is accompanied by, and being processed concurrently with, an application for a Comprehensive Plan Amendment (see File No. CPA-23002) that proposes to change the comprehensive plan map to high density residential that is consistent with the proposed zone change to High Mix Residential zoning. 7.B.a Packet Pg. 88 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Planning Department Findings Page 2 of 3 PART 2 - ZONING CODE COMPLIANCE 17.10.200 Initiation of amendments. A proposed amendment to the code or zoning map may be initiated by either: A. A resolution by the planning commission to the city council; B. A resolution of intent by the city council; or for zoning map amendments; C. An application by one or more property owners (zoning map amendments only), or their agents, of property affected by the proposed amendment. The amendment shall be accompanied by a legal description of the property or properties affected; proposed findings of facts supporting the proposed amendment, justifying the same and addressing the substantive standards for such an amendment as required by this chapter and by the Land Conservation and Development Commission of the state. (Ord. 1989 §1(part), 2014). Finding CPMC 17.10.200: The Planning Division received an application by the listed applicant and designated agent for the zone change request. The application was accepted as complete on April 18, 2023, indicating the application complied with the required submittals of this Chapter. Conclusion 17.10.200: Consistent. 17.10.300 Major and minor amendments. There are two types of map and text amendments: A. Major Amendments. Major amendments are legislative policy decisions that establish by law general policies and regulations for future land use decisions, such as revisions to the zoning and land division ordinance that have widespread and significant impact beyond the immediate area. Major amendments are reviewed using the Type IV procedure in Section 17.05.500. B. Minor Amendments. Minor amendments are those that involve the application of adopted policy to a specific development application, and not the adoption of new policy (i.e., major amendments). Minor amendments shall follow the Type III procedure, as set forth in Section 17.05.400. The approval authority shall be the city council after review and recommendation by the planning commission. (Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006). Finding CPMC 17.10.300: The proposed amendment is the application of adopted policy to a particular property and is not the adoption of new policy. The requested change is a Minor Amendment and have been processed in accordance with Type III procedures in CPMC 17.05.400. Conclusion CPMC 17.10.300: Consistent. 17.10.400 Approval criteria. A recommendation or a decision to approve, approve with conditions or to deny an application for a text or map amendment shall be based on written findings and conclusions that address the following criteria: A. Approval of the request is consistent with the applicable statewide planning goals (major amendments only); Finding CPMC 17.10.400 (A): As evidenced in findings for CPMC 17.10.300, the proposed amendment is a Minor Amendment to the zoning map. 7.B.a Packet Pg. 89 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Planning Department Findings Page 3 of 3 Conclusion CPMC 17.10.400(A): Not applicable. B. Approval of the request is consistent with the Central Point comprehensive plan (major and minor amendments); Finding CPMC 17.10.400 (B): The proposed amendment is processed and reviewed concurrently with an application for a corresponding comprehensive plan map amendment. As demonstrated in the findings and conclusions for CPMC 17.96.500(B), the proposed map amendment is consistent with the Central Point comprehensive plan. See PART 2- Zoning Code Compliance of Findings of Fact and Conclusions of Law for File No. CPA-23002, dated June 6, 2023. Conclusion CPMC 17.10.400(B): Consistent. C. If a zoning map amendment, findings demonstrating that adequate public services and transportation networks to serve the property are either available, or identified for construction in the city’s public facilities master plans (major and minor amendments); and Finding CPMC 17.10.400 (C): The development of the subject property was considered during the approval of the Twin Creeks Master Plan, which includes analysis of transportation needs, traffic circulation and transit services. A Trip Generation Analysis, prepared by Southern Oregon Transportation Engineering dated April 17, 2023, concludes the proposed map amendment will not generate additional impacts on transportation facilities. Conclusion CPMC 17.10.400(C): Consistent. D. The amendment complies with OAR 660-012-0060 of the Transportation Planning Rule. (Ord. 1989 §1(part), 2014; Ord. 1874 §3(part), 2006. Formerly 17.10.300(B)). Finding CPMC 17.10.400(D): The proposed amendment is processed and reviewed concurrently with an application for a corresponding comprehensive plan map amendment. As demonstrated in the findings and conclusions for CPMC 17.96.500(D), the proposed map amendment is consistent with OAR-660-012- 0060 of the Transportation Planning Rule. See PART 2 – Zoning Code Compliance of Findings of Fact and Conclusions of Law for File No. CPA-23002, dated June 6, 2023. Conclusion CPMC 17.10.400(D): Consistent. PART 3 – CONCLUSION As evidenced in findings and conclusions provided in Part 2, the proposed zone map amendment is consistent with applicable standards and criteria in the Central Point Municipal Code, including the Statewide Planning Goals (where applicable), Comprehensive Plan, and Statewide Transportation Planning Rule. 7.B.a Packet Pg. 90 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) MEMORANDUM To: City of Central Point Planning Division 140 South Third Street Central Point, OR 97502 Date: 04/17/2023 Project: Central Point Station Phase 2 - Plan Amendment and Zone Change Subject: Trip Generation Assessment Southern Oregon Transportation Engineering prepared a trip generation assessment for a proposed Minor Comprehensive Plan Amendment and zone change from Employment Commercial (EC TOD) to High Mix Residential / Commercial (HMR/TOD) on 1.62 acres located along the south side of Twin Creeks Crossing, west of the railroad tracks (372W03CA tax lot 1500) in Central Point, Oregon. Our assessment is provided below. BACKGROUND The proposed plan amendment and zone change from EC to HMR/Commercial allows the same highest and best uses, which are commercial uses. For the Transportation Planning Rule (TPR) assessment, the potential trip generation for the proposed plan amendment and zone change is a net zero increase or no increase to the transportation system. For the proposed site plan assessment, the planned uses on the site include high density residential and commercial, with 45 multi-family residential (MFR) units and 2,514 square feet (SF) of commercial gross floor area (GFA). A site plan is shown below. 319 Eastwood Drive Medford, OR 97504 Telephone 541.941.4148 Kim.parducci@gmail.com 7.B.a Packet Pg. 91 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Central Point Station Phase 2 Plan Amendment / ZC – Trip Generation Assessment 2 TRIP GENERATION The Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition was used to generate trips for the proposed plan amendment and zone change analysis. Land use 220 – Multifamily Housing and 822 – Strip Retail Plaza (<40k) were used in the analysis. A summary of results is provided in Table 1. ITE graphs and land use descriptions are provided in the attachments. SF = square feet, DU = dwelling unit 1. Land Use 822 weekday rate based on fitted curve equation 2. Land Use 220 weekday, a.m., and p.m. rates based on fitted curve equations As shown in Table 1, the highest and best use within both the base zoning (EC TOD) and proposed zoning (HMR/Commercial TOD) is a commercial use and results in no net increase to the transportation system. The trip generations in Table 1 assume 25% buildout (17,950 SF) for commercial development, but this could be higher or lower depending on site layout. Comparing 25% buildout of commercial development to the proposed site plan (45 multifamily units + 2,514 SF of commercial) shows a net decrease of 287 average daily trips (ADT) overall. AGENCY REQUIREMENTS The City of Central Point requires a traffic impact analysis (Public Works Standards and Specifications 320.10.03(3)) when trip generations fall within specific ranges. These include a change in zoning or plan amendment that generates 300 average daily trips (ADT) more than current zoning, an increase in site traffic by 250 ADT or 25 peak hour trips, an increase in peak hour volume of a particular movement to and from the State highway by 20%, or an increase in use of adjacent streets by vehicles exceeding 20,000 pounds gross vehicle weight. None of the TIA requirements are shown to be met. No TIA, therefore, is shown to be required unless the City has a safety concern that we are unaware of. ODOT Development Review Guidelines (Chapter 3.3) provide traffic impact analysis thresholds for various types of developments. A TIA is required to address the TPR when a proposed land use change results in an increase of 1000 ADT or greater than 400 ADT on a Table 1 – Central Point Station GLUP Amendment and Zone Change Trip Generations Land Use Unit Size Daily Trips Weekday AM Peak Hour Weekday PM Peak Hour Total (In) (Out) Total (In) (Out) Base Zoning EC TOD 822 – Strip Retail Plaza 1000 SF 17.95 987 42 25 17 118 59 59 Proposed Zoning HMR/Commercial TOD 822 – Strip Retail Plaza 1000 SF 17.95 987 42 25 17 118 59 59 Proposed Site Plan 220 – Multifamily Housing DU 45 364 37 9 28 40 25 15 822 – Strip Retail Plaza 1000 SF 2.514 336 6 4 2 17 9 8 Site Plan Trip Total 700 43 13 30 57 34 23 Net Difference (potential) EC to HMR/Commercial 0 0 0 Net Difference (site plan) EC to HMR/Commercial -287 +1 -61 7.B.a Packet Pg. 92 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Central Point Station Phase 2 Plan Amendment / ZC – Trip Generation Assessment 3 highway section. The proposed plan amendment and zone change is shown to result in no net increase on the transportation system. The proposed site also does not take direct access to a State facility. No TIA, therefore, is expected to be required by ODOT. Based on the trip assessment for the proposed plan amendment and zone change, it is our conclusion that a traffic impact analysis is not shown to be required by City of Central Point or ODOT criteria. The proposed zone change is concluded to have no significant effect on existing or planned facilities in accordance with Division 12 of the Oregon Administrative Rules (OAR) 660-012-0060. Please feel free to contact us with any questions. Respectfully, _______________________________________ Kimberly Parducci, PE PTOE Firm Principal Southern Oregon Transportation Engineering, LLC Attachments: ITE Graphs Site Plan Assessors map Agency requirements 7.B.a Packet Pg. 93 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) ________________________ ________________________ ATTACHMENTS 7.B.a Packet Pg. 94 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) Planning Commission Resolution No. 906 (06-06-2023) PLANNING COMMISSION RESOLUTION NO. 906 A RESOLUTION FORWARDING A FAVORABLE RECOMMENDATION TO THE CITY COUNCIL TO APPROVE A MINOR ZONE MAP AMENDMENT FROM EMPLOYMENT COMMERCIAL (EC) TO HIGH MIX RESIDENTIAL (HMR) ON A 1.62 ACRE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 03CA, TAX LOT 1500. File No. ZC-23002 Applicant: Smith Crossing, LLC WHEREAS, the Comprehensive Plan Land Use Map is proposed to re-designate the property identified by the Jackson County Assessor’s Map as 37S 2W 03CA Tax Lot 1500 as High Density Residential; and WHEREAS, the proposed High Mix Residential (HMR) zoning is an urban High Density Residential zoning district consistent with the Comprehensive Plan and surrounding land uses; and WHEREAS, adequate public services and transportation networks are available to the site; and WHEREAS, the proposed zone change from EC to HMR has been determined to be consistent with the State Transportation Planning Rule. NOW, THEREFORE, BE IT RESOLVED, that the City of Central Point Planning Commission, by this Resolution No. 906, does recommend that the City Council approve the change of zone on the property identified by the Jackson County Assessor’s Map as 37S 2W 03CA Tax Lot 1500. This decision is based on the Staff Report dated June 6, 2023 including Attachments A through F attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by me in authentication of its passage this 6th day of June, 2023. _______________________________ Planning Commission Chair ATTEST: _______________________________ City Representative 7.B.a Packet Pg. 95 At t a c h m e n t : A t t a c h m e n t A _ R e s o l u t i o n 9 0 6 ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) ORDINANCE NO. _______ AN ORDINANCE AMENDING THE CENTRAL POINT ZONING MAP FROM EMPLOYMENT COMMERCIAL (EC) TO HIGH MIX RESIDENTIAL (HMR) ON A 1.62 ACRE PROPERTY IDENTIFIED ON THE JACKSON COUNTY ASSESSOR’S MAP AS 37S 2W 03CA TAX LOT 1500. Recitals: A. The City of Central Point (City) is authorized under Oregon Revised Statute (ORS) Chapter 197 to prepare, adopt and revise comprehensive plans and implementing ordinances consistent with the Statewide Land Use Planning Goals. B. The City has coordinated its planning efforts with the State in accordance with ORS 197.040(2)(e) and OAR 660-030-0060 to assure compliance with goals and compatibility with City Comprehensive Plans. C. Pursuant to authority granted by the City Charter and the ORS, the City may amend the Central Point Zoning Map which was originally adopted on August 29, 1980 and has been amended at various times since. D. Pursuant to the requirements set forth in CPMC Chapter 17.10.100 Zoning Map and Zoning Code Text Amendments – Purpose and Chapter 17.05.010, Applications and Development Permit Review Procedures, the City has accepted an application and conducted the following duly advertised public hearings to consider the proposed amendment: a) Planning Commission hearing on June 22, 2023 b) City Council hearings on June 22, 2023 and July 13, 2023. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Based upon all the information received, the City Council adopts the findings of fact and conclusions of law set forth in the City staff report dated June 6, 2023 including all exhibits therein; determines that changing community conditions, needs and desires justify the amendments and hereby adopts the changes entirely. Section 2. The City zoning map is hereby amended as set forth in Exhibit 1 which is attached hereto and by this reference incorporated herein. 7.B.b Packet Pg. 96 At t a c h m e n t : A t t a c h m e n t B - C i t y C o u n c i l O r d i n a n c e [ R e v i s i o n 1 ] ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) EXHIBIT 1 Section 3. The City Manager is directed to conduct post acknowledgement procedures defined in ORS 197.610 et seq. upon adoption of the changes to the zoning and Comprehensive Plan maps. Section 4. Effective date. The Central Point City Charter states that an ordinance enacted by the council shall take effect on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth day after the second reading. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 7.B.b Packet Pg. 97 At t a c h m e n t : A t t a c h m e n t B - C i t y C o u n c i l O r d i n a n c e [ R e v i s i o n 1 ] ( 1 7 0 4 : P u b l i c H e a r i n g t o c o n s i d e r a M i n o r Z o n e M a p A m e n d m e n t ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: June 22, 2023 SUBJECT: Public Hearing for an Ordinance Regulating Camping on Public Property ACTION REQUIRED: Motion Public Hearing Ordinance 1st Reading RECOMMENDATION: Approval BACKGROUND INFORMATION: The state of Oregon, including Jackson County, are experiencing an increase in unsanctioned camping in public spaces. ORS 195.500 requires cities and counties to develop a policy that recognizes the problem of homeless individuals camping on public property and implement the policy to ensure the most humane treatment for the removal of homeless individuals from camping sites on public property. The proposed Ordinance aims to address public health and safety concerns to the public as well as to those residing on public property, including reduction of potential fire risks, reducing or eliminating unsanitary conditions that impact public health and safety, allocating public resources effectively and meeting all legal and humanitarian standards. To that end, the Ordinance provides that an individual has the basic right to sleep, rest and lie and to keep warm and dry on designated public properties within the city. It establishes reasonable time, place and manner restrictions for such survival sheltering including, but not limited to: designating certain areas in which no campsites are permitted such as City Hall, the Bear Creek Greenway, and Don Jones Memorial Park, establishes size restrictions for campsites, prohibits any use of fires or open flames in campsites in order to reduce fire risks, requires relocation of campsites at least every 24-hours, prohibits unauthorized attachments to public utilities or placement of electrical cords across roadways, contains standards for removing camps upon proper notice and storage of personal items thus removed, and contains provisions for enforcement of the code which allows a municipal judge discretion to reduce or eliminate fines. FINANCIAL ANALYSIS: LEGAL ANALYSIS: 7.C Packet Pg. 98 In Martin v. City of Boise, the Ninth Circuit found that the Eighth Amendment prohibits “the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter… because sitting, lying, and sleeping are … universal and unavoidable consequences of being human.” However, the opinion also stated that the decision was intentionally narrow, and that some restrictions on sitting, lying or sleeping outside at particular times, or in particular locations might be permissible. More recently, in Blake v. City of Grants Pass, the Ninth Circuit upheld the district Court’s decision that persons experiencing homelessness are entitled to necessary minimum measures to keep themselves warm and dry while sleeping outside, and held that cities violate the Eighth Amendment if they punish a person for the mere act of sleeping outside or in their vehicles at night if there is no other place in the city for them to go. In 2021, the Oregon legislature adopted HB 3115 which states that any regulation of the acts of sitting, lying and sleeping or keeping warm and dry must be “objectively reasonable” based on the totality of the circumstances. Further HB 3124 was adopted which expanded how/when a city may provide notice to homeless persons of the need to remove a campsite and how and where to store personal property that was removed from a campsite. The proposed ordinance is designed to comply with the foregoing requirements, and to allow individuals to sleep, rest or lie on certain public properties subject to the reasonable time, place and manner requirements stated therein. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Strategic Priority – Responsible Governance GOAL 5 - Continue to develop and foster the city’s community policing program. STRATEGY 1 – Training employees well enough so they can leave, treat them well enough so that they will stay. STAFF RECOMMENDATION: Open the public hearing, and following the close of the public hearing, make a motion to forward the ordinance to a second reading, or forward the ordinance to a second reading with revisions. RECOMMENDED MOTION: I move to forward the Ordinance creating Title 7 regulating camping at public properties and amending in part CPMC Chapters 8.32, 9.68, 10.04 and 12.20 to a second reading. ATTACHMENTS: 1. Ordinance Creating Title 7 and Related Amendments 2. Exhibit A to Ordinance Creating Title 7 3. Exhibits B-E to Ordinance Regulating Camping 7.C Packet Pg. 99 1 – Ordinance No. _____________ (Council Meeting ___/___/2023) ORDINANCE NO. _______ AN ORDINANCE CREATING TITLE 7, REGULATING CAMPING AT PUBLIC PROPERTIES AND AMENDING IN PART CENTRAL POINT MUNCIPAL CODE CHAPTERS 8.32, 9.68, 10.04 AND 12.20 FINDINGS: 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 state of Oregon is currently experiencing an increase in unsanctioned camping in public spaces and right of way. C. ORS 195.500 requires cities and counties to develop a policy that recognizes the problem of homeless individuals camping on public property and implement the policy to ensure the most humane treatment for the removal of homeless individuals from camping sites on public property. D. Public rights-of-way are designed and intended for travel and transportation, and provision of utility services, among other uses. They are not designed or intended for overnight use, as is a recreational campsite, and often lack access to safe and sanitary restrooms and trash receptacles, resulting in unsanitary conditions from improper disposal of waste and trash. E. The City has the responsibility to maintain its streets and sidewalks as safe, passable, and accessible and to avoid injury and death to all users in the right-of-way, including to those without other homes. F. Campfires, warming fires, cooking fires, outdoor fireplaces and other similar types of outdoor burning can create hazards, particularly during fire season. Given the dry climate, the threat of wildfires, and the purpose of City parks and rights of way, open fires on City owned property is a potential danger to the community, year round. The risk to the public from open fires is significant and electrical cords in the public right of way pose related fire and safety hazards. The City’s police department has noticed electrical cords which are laid across travel lanes. Electrical cords are not designed to be driven over and the wiring inside is likely to degrade quickly leading to fire potential. G. This ordinance is intended to: address health and safety concerns of both the public and individuals residing or camping on City rights-of-way or City property; reduce potential risks of fire; promote a safe environment; eliminate or reduce unsanitary conditions and conditions that impact public health and safety; reduce negative impacts to the environment from hazardous materials including human waste and 7.C.a Packet Pg. 100 At t a c h m e n t : O r d i n a n c e C r e a t i n g T i t l e 7 a n d R e l a t e d A m e n d m e n t s ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 2 – Ordinance No. _____________ (Council Meeting ___/___/2023) other pollutants; allocate public resources effectively; and meet legal and humanitarian standards for all people in the City. H. The City recognizes that people experiencing homelessness need a place to sleep, shelter themselves, and store belongings. The City is committed to the safety and security of all people in the City, including people experiencing homelessness, property owners, and the traveling public, while protecting people in the City from unsafe and dangerous conditions. I. The City finds that limitations on the time, place and manner on placing Camping Materials on public property and public right-of-way supports the safety of those individuals in the camps as well as the community. J. This Ordinance does not criminalize or otherwise subject an individual to citation for the acts of sitting, lying, sleeping or keeping warm and dry on public property, as prohibited by the Ninth Circuit in Martin v. City of Boise and Blake v. City of Grants Pass. Instead this Ordinance establishes reasonable time, place and manner regulations that balance the rights of the people without shelter to use some public property to meet their basic needs with the City’s obligation to manage public property and public spaces to meet their intended uses and to maintain the public health and safety, in compliance with federal law and ORS 195.530. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION 1. Central Point Municipal Code Title 7 is created as shown on the attached Exhibit “A”. SECTION 2. Central Point Municipal Code Chapter 8.32 is amended in part as shown on the attached Exhibit “B”. SECTION 3. Central Point Municipal Code Chapter 9.68 is amended in part as shown on the attached Exhibit “C”. SECTION 4. Central Point Municipal Code Sections 10.04.260 and 10.04.360 are amended in part as shown on the attached Exhibit “D”. SECTION 5. Central Point Municipal Code Section 12.20.020.A.4 is amended in part as shown on the attached Exhibit “E”. SECTION 6. 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. 7.C.a Packet Pg. 101 At t a c h m e n t : O r d i n a n c e C r e a t i n g T i t l e 7 a n d R e l a t e d A m e n d m e n t s ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 3 – Ordinance No. _____________ (Council Meeting ___/___/2023) SECTION 7. 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 _________________ 2023. ___________________________________ Mayor Hank Williams ATTEST: __________________________________ City Recorder 7.C.a Packet Pg. 102 At t a c h m e n t : O r d i n a n c e C r e a t i n g T i t l e 7 a n d R e l a t e d A m e n d m e n t s ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit A to Ordinance Title 7 REGULATING CAMPING AT PUBLIC PROPERTIES 7.01.010 Findings and Purpose. A. The City of Central Point finds that each community member of Central Point is entitled to a basic level of dignity, respect, and wellness, regardless of whether they are housed or unhoused. It is the official policy of the City that its responses to homelessness will be undertaken in accordance with these principles. B. The City Council acknowledges that it is currently unavoidable that some people will live or shelter for survival outdoors until they are able to access affordable or free shelter or housing. C. Public rights-of-way are generally intended for public use and travel. The City Council is the road authority for rights-of-way within the City; as such, the City must consider the safety of motorists and pedestrians travelling on roadways and sidewalks, including to and from neighboring properties, businesses, and residences. The City has had increasing concerns regarding safety due to camping on or in streets, alleys, bear creek greenway, sidewalks, parks, and public access points. D. It is the purpose and intent of the City Council to provide standards for survival sheltering on City rights-of-way and City Property which will address issues such as fire risk, unsanitary conditions, trash, and public safety hazards to people camping and neighboring businesses and community members, and environmental degradation, which have occurred with longer-term camping in the City. E. It is the intent of the City to evaluate each removal of a camp in light of the criteria in CPMC Chapter 7.01.050 and with considerations of public health and safety, including for the people who are sheltering in the camps, potential user conflicts, and available resources. 7.01.020 Definitions. For purposes of this Chapter, the following words and phrases shall mean: A. To “Camp” means to occupy a Campsite for over 24-hours. B. “Campsite” means a location upon City Property where Camping Materials are placed. “Camp,” and “Camp Materials” do not include vehicles, automobiles, or 7.C.b Packet Pg. 103 At t a c h m e n t : E x h i b i t A t o O r d i n a n c e C r e a t i n g T i t l e 7 [ R e v i s i o n 1 ] ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit A to Ordinance recreational vehicles used for shelter and/or sleeping, which are regulated at CPMC Chapters 10.04, 10.12, 10.16 and 12.20. C. “Camping Materials” include, but are not limited to tents, huts, awnings, lean-tos, chairs, tarps, sleeping bags, blankets, mattresses, sleeping or bedding materials, collections of Personal Property and/or similar items that are, or reasonably appear to be, arranged and/or used as sleeping accommodations, or to assist with sleeping activities D. “City Property” includes but is not limited to parks, rights of way, parking lots, bear creek greenway, easements, or other land owned, leased, controlled or managed by the City. E. “Personal Property” means any item that can be reasonably identified as belonging to an individual and that has apparent value or utility. F. “Relocate” means to move off of City Property or to a different City Property that is at least 600 feet or 3 blocks (whichever is greater) from the then current location. This definition does not include moving to another portion of the same City Property. 7.01.030 Campsites Prohibited on Certain City Property. A. It is unlawful for any person to Camp upon City Property unless otherwise authorized by law or by declaration of the City Manager. B. Unless otherwise authorized by law or by declaration of the City Manager, it is unlawful to sleep or store Camping Materials or similar Personal Property for any period of time at the following locations: 1. City Hall/Central Point Police and adjacent sidewalks, 140 S. 3rd St and 155 S. 2nd Street; 2. Bear Creek Greenway (as defined in CPMC Chapter 8.32); 3. Don Jones Memorial Park and adjacent sidewalks 223 W. Vilas Road; 4. Any place where a Campsite, or Camp Materials create a physical impediment to emergency or nonemergency ingress, egress or access to property, whether private or public, or on public sidewalks or other public rights-of-way, including but not limited to driveways providing access to vehicles, and entrances or exits from buildings and/or other real property. 7.C.b Packet Pg. 104 At t a c h m e n t : E x h i b i t A t o O r d i n a n c e C r e a t i n g T i t l e 7 [ R e v i s i o n 1 ] ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit A to Ordinance 5. Any vehicle lane, bicycle lane, or roundabout within any public right-of-way. 6. On any street or public right-of-way, the City has closed to Campsites or placement of Camp Materials due to construction, heavy vehicle use, or other use of the roadway that is incompatible with placement of Campsites in the right-of-way. The City does not need to close a street to vehicle traffic in order to close a street to sleeping or storing Camping Materials or similar Personal Property in the right-of- way under this section. 7.01.040 Time Place Manner Restrictions for Campsites. A. At least once every 24 hours an individual that has placed a Campsite, Camping Materials or Personal Property on City Property must Relocate. B. A Campsite, when and where allowed, is subject to all of the following: 1. Individuals, Camp Materials, Campsites, or Personal Property may not obstruct sidewalk accessibility or passage, clear vision, fire hydrants, City or other public utility infrastructure, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage. For purposes of this section, sidewalks must retain minimum unobstructed clearance required by the Americans with Disabilities Act. 2. Any Campsite must be limited within a spatial footprint of 12 feet by 12 feet, or 144 square feet. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for living, while still allowing others to use public spaces as designed and intended. 3. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on City property, or on any adjacent public or private property. 4. Open flames, recreational fires, burning of garbage, bonfires, fires, or cooking stoves are prohibited from being used on City Property unless the location and use is expressly authorized by Fire District No. 3 and the City. 5. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited. This includes but is not limited to storm drains, which are not intended for disposal of gray water or black water. 7.C.b Packet Pg. 105 At t a c h m e n t : E x h i b i t A t o O r d i n a n c e C r e a t i n g T i t l e 7 [ R e v i s i o n 1 ] ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit A to Ordinance 6. Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited. 7. Obstruction or attachment of Camp Materials or Personal Property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, or buildings is prohibited. 8. Individuals may not build or erect structures, whether by using plywood, wood materials, pallets, or other materials. Items such as tents and similar items used for shelter that are readily portable are not structures for purposes of this section. 9. Storage of Personal Property such as vehicle tires, bicycles or associated components (except as needed for an individual’s personal use), gasoline, generators, lumber, household furniture, propane tanks, combustible material, or other items or materials are prohibited from being stored for any amount of time on City Property. 10. Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited. 11. Use of power generators on City Property is prohibited. 12. All animals on City Property must be leashed or crated at all times. 13. Placement of extension or electrical cords across streets and alleys is prohibited. 7.01.050 Enforcement A. A citation for a violation of this chapter will be a civil infraction. Citations will be issued only when other means of achieving compliance have been unsuccessful or are not practicable for the particular situation. B. Upon a determination by enforcement personnel that a Camp is occurring in violation of this chapter, a Camp may be removed pursuant to the following procedures: 1. The City shall only remove individuals and unclaimed Personal Property from a Camp as provided by ORS 195.505. 2. If the Campsite or Camp is located within an area of the Bear Creek Greenway which has been closed pursuant to CPMC 8.32.040, such Campsite or Camp shall be Relocated (not removed) to a nearby vicinity which is not in violation of CPMC 8.32.040 where it is lawfully permitted to place a Campsite for less than 24-hours. 7.C.b Packet Pg. 106 At t a c h m e n t : E x h i b i t A t o O r d i n a n c e C r e a t i n g T i t l e 7 [ R e v i s i o n 1 ] ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit A to Ordinance C. Personal Property removed from City Property and unclaimed at the time of removal will be stored by the City for a minimum of 30 days, or the duration required by law at the time of the removal. 1. Items that are perishable, that have no apparent use, are not identifiable as belonging to an individual, or that are in an unsanitary condition due to saturation or contamination from bodily fluids, whether human or animal, or other contamination, will be considered garbage, discarded, and will not be stored. Property discarded, dumped, or otherwise abandoned in the City rights-of-way may be immediately discarded. 2. The City will store Personal Property at or near one of the City business campuses, where people can reasonably retrieve belongings. 3. The City will make reasonable efforts to provide a range of times the storage location will be available for people to collect their Personal Property. D. Violation of this Chapter is punishable by a fine of not more than $125. The amount imposed shall be at the discretion of the judge. E. If the City refers a service provider to an individual who is cited for a violation of this Chapter and the individual demonstrates they meaningfully engaged with that or another similar service provider after receiving the citation and before the hearing, the fine is eligible to be reduced or eliminated at the discretion of the judge. 7.C.b Packet Pg. 107 At t a c h m e n t : E x h i b i t A t o O r d i n a n c e C r e a t i n g T i t l e 7 [ R e v i s i o n 1 ] ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit B to Ordinance 8.32.010 Purpose. This chapter establishes the enforceable regulation of activities throughout that portion of the Bear Creek Greenway corridor which lies within the jurisdiction of the city of Central Point. The provisions of this chapter, unless agreed otherwise, are not intended to preempt any other local government law, ordinance, rule, or regulation, or any property transaction, easement, covenants or similar agreement between any local government and those adjacent landowners with whom those agreements were made. (Ord. 1819 §1(part), 2001). 8.32.020 Definitions. For the purposes of this chapter, unless the context requires otherwise, the following definitions apply: “Bear Creek Greenway corridor (greenway)” means that publicly-owned twenty-mile corridor of parks, trails, and adjacent land and waters that is located running north and south and includes sections of Bear Creek between North Mountain Avenue in the city of Ashland and the Seven Oaks Interchange north of the city of Central Point. “Bicycle” has the meaning given that term in ORS 801.150. To “Camp” means to set up, occupy, or to remain in or at a campsite has that meaning provided in CPMC 7.01.020. “Campsite” means any place where any bedding, sleeping bag or other material used for bedding purposes, or any stove or fire, is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, box, lean-to, shack or any other structure, or any vehicle or part thereof has that meaning provided in CPMC 7.01.020. “Camping Materials” has that meaning provided in CPMC 7.01.020. “Destructive device” means any device with an explosive, incendiary or poison gas component, including but not limited to a bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or any combination of parts either designed or intended for use in converting any device into any destructive device described in this paragraph and from which a destructive device may be readily assembled. “Dwell” means to regularly or intermittently remain for such a period of time at or near a particular location, premises or area so as to create a circumstance normally or reasonably associated with inhabiting, living, or assuming a possessory interest in such area. 7.C.c Packet Pg. 108 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) “Firearm” has the meaning given that term in ORS 166.210. “Fireworks” has the meaning given that term in ORS 480.110. “Greenway authority” means the city of Central Point, its designees, or its employees, who have lawful control of regulating use of the greenway by nature of jurisdiction, ownership, tenancy, or official position. “Horse,” in addition to its ordinary meaning includes mules, donkeys and other rideable animals. “Keeper” means a person who owns, possesses, controls or otherwise has charge of a companion animal, as that term is defined in ORS 164.055(2)(a). “Livestock” means equines, cattle, sheep, goats, llamas, alpacas and swine. “Occupy” or “occupancy” means the purpose for which a premises or structure, or parts thereof, is used or intended to be used. The definition of “occupy” is not limited to human or animal inhabitation and can include the improvement, development, or the placement of a structure or building on a premises, or any condition thereof. “Open to the public” means premises that, by their physical nature, function, custom, usage, notice or lack of notice, or other circumstances at the time, would cause a reasonable person to believe that no permission to enter or remain is required. “Possess” has the meaning given that term in ORS 161.015. “Premises” includes any real property, facility, structure, shelter or building whether privately or publicly owned. “Skate” or “skating” means roller skating, skate boarding or roller blading, or otherwise the use or application of a similar contrivance propelled exclusively by human power. “Weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury. A weapon includes any knife having a blade that projects or swings into position by force of a spring or by centrifugal force and commonly known as a switchblade knife, any dirk, dagger, ice pick, slingshot, metal knuckles, or any similar instrument by the use of which injury could be inflicted upon the person or property of any other person. A “deadly” weapon has the meaning given that term in ORS 161.015(2). (Ord. 1819 §1(part), 2001). 8.32.030 Intended uses. 7.C.c Packet Pg. 109 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) The greenway is intended for multiple use for recreational and nonmotorized transportation activities. None of the provisions of this chapter relieves the pedestrian or relieves the cyclist, skater, or equestrian from the duty to exercise due care concerning other users of the greenway or adjacent land owners. A. All greenway users should maintain their own common or standard lane of travel without impeding travel of other users. B. Bicyclists and skaters yield to all other trail users, and hikers yield to equestrians. C. Unless otherwise marked, greenway users are permitted only on paths or paved trails specifically designed for such use. D. Companion animals are allowed if on a leash no longer than six feet and in strict control of its keeper. Keeper shall remove the animal’s waste. E. All users are expected to observe and obey all Oregon state and greenway traffic, as well as informational, warning, and closure signs. F. All persons within the greenway will be held responsible for any damage they cause. Parents or guardians will be held responsible for the damage caused by their children under the age of eighteen years old, whether or not the parent or guardian is present. (Ord. 1819 §1(part), 2001). 8.32.040 Authority--Closure of greenway--Use limitations. A. The greenway authority is authorized to establish and post regulations governing the use of the greenway within its jurisdiction which promote public health and safety and the preservation of property. B. The greenway authority is authorized to close to public use the greenway corridor or any portion thereof, restrict the times when the same shall be open to such use and limit or prohibit any recreational use whenever such action is necessary to protect the health or safety of the public or the safety of the greenway or its facilities. Causes for greenway closure or limitations on greenway use include, but are not limited to, scheduled public events, fire hazard, dangerous weather or water conditions, sanitary protection of the watershed, park construction or repairs, conservation of fish and wildlife, unsafe or overcrowded shoreline, ramp, parking or road conditions, the prevention of damage to the greenway or any of its facilities or any dangerous, unsafe or unhealthful condition. C. Unless otherwise posted, greenway closure shall occur between the hours of ten p.m. and six a.m. except as follows: 1. Pedestrians crossing the greenway on a paved section of the path; 7.C.c Packet Pg. 110 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 2. Participants or spectators of an athletic contest or approved public event in greenway areas; 3. Persons attending a scheduled event in a greenway building designated for community recreation or instruction; or 4. Government employees during the course of official activities. D. The greenway authority shall have the authority to eject from the greenway any person acting in violation of the regulations contained in this chapter. (Ord. 1819 §1(part), 2001). 8.32.050 Regulations--Prohibitions. All regulations of the greenway shall apply to and be in full force and effect within the greenway area unless otherwise specifically authorized by this chapter. A. Closure. No person shall enter the greenway or area which has been closed if notice of prohibited entry has been posted. B. Basic Speed Rule. 1. A person commits the offense of violating the basic speed rule if the person drives bicycles, skates or rides a horse upon the greenway at a speed greater than is reasonable and prudent, having due regard to all the following: a. The traffic; b. The surface and width of the pathway; c. The hazard at intersections; d. Weather; e. Visibility; f. Any other conditions then existing. 2. In no case shall a person drive a bicycle, skate or ride a horse in speeds in excess of fifteen miles per hour, unless otherwise posted. C. Obstruction of the Right-of-Way. No person, unless specifically authorized, shall: 1. Stand, gather with others upon any street, street crossing, sidewalk, trail or area within the greenway in a manner that obstructs free passage of users of the greenway; or 7.C.c Packet Pg. 111 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 2. Place, cause to be placed, or permit to remain on any street, sidewalk, trail or area within the greenway anything that obstructs or interferes with such area or interferes with the normal flow of users of the greenway. D. Vehicles/Horses. 1. No unauthorized person shall operate, park, stand or use any motorized vehicle, or ride or lead a horse within the greenway, except in areas provided, maintained or designated for such purpose. 2. Horses are permitted only on posted equestrian trails, where located. 3. The provisions of subsections (D)(1) and (2) of this section do not apply to governmental officials or their agents acting within their official capacity. E. Animals. 1. Companion animals are allowed if on a leash no longer than six feet and in strict control of its keeper. 2. No person within the greenway shall allow any pet or animal in his or her custody: a. To annoy or molest any person; or b. To be tied up and left unattended; or c. Except for areas provided, maintained or designated for such purpose, to deposit its waste on any street, sidewalk, trail or managed landscape area unless the person immediately removes the waste from the area. 3. No horse or pack animal shall be tied, secured or hobbled in such a manner as to injure any tree, shrub or greenway improvement. 4. No person shall cause or knowingly permit livestock within the greenway. F. Access to Private Lands. No person shall use the greenway to gain unauthorized access to private property adjacent or otherwise to the greenway. G. Property Destruction. No unauthorized person shall: 1. Pick, cut, mutilate, blaze, paint or remove any flowers, shrubs, foliage, trees or plant life, or property of any kind, within the greenway area without written permission therefor from the greenway authority; 7.C.c Packet Pg. 112 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 2. Mutilate, deface, damage, move or remove any greenway equipment, including but not limited to streets, sidewalks, bicycle paths or any part of the public right-of-way, tables, benches, buildings, signs, markers, plaques, barriers, fountains, faucets, traffic recorders or other structures or facilities of any kind within the greenway area; or 3. Dig, dredge, deface or remove any dirt, stones, rocks, artifacts or other substances, make any excavation, quarry any stones or other objects or cause or assist in doing any of such things within the greenway area, except upon written permission from the greenway authority. H. Fires. 1. Unless specifically authorized, no person shall build, light or maintain any fire, portable gas, gasoline or oil stoves or other portable cooking devices, or leave a fire unattended, throw or deposit any burning substance, or other substance capable of burning or combustion within the greenway. 2. A person shall be responsible for damage resulting from rites fires caused by such person and for the cost of suppressing such fires. I. Offensive Littering. 1. No person shall: a. Throw, dump, deposit or leave any trash, refuse, garbage, litter, cigarettes or tobacco products, or waste material within the greenway area, except in receptacles designated by the greenway authority for that purpose; b. Bring into the greenway area any trash, refuse, garbage, litter, waste material or vehicle for the purpose of leaving it therein; c. Wash any clothing or other materials in the waters of any pond or stream, or throw, dump or deposit into such waters, or onto the banks thereof, any trash, refuse, garbage, litter, waste material or other polluting product of any kind. Pollution and waste, for the purpose of this subsection I, are as defined in ORS 468B.005(3) and (7). 2. In addition to any fine imposed for violation of any provision of this section, the violator is responsible for any and all costs resulting from necessary response, clean up, or damage caused by the act of offensive littering. J. Campsites Prohibited. 7.C.c Packet Pg. 113 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 1. Unless specifically authorized, no person shall camp or dwell within the greenway, or under any bridge or viaduct within the greenway area. As provided in CPMC Chapter 7.01.030, it is unlawful to sleep or store Camping Materials or similar Personal Property, as defined in Chapter 7.01, for any period of time in the greenway, unless authorized by law or by declaration of the City Manager. 2. Violation of subsection (J)(1) of this section is subject to the rules of notification and removal of persons and property set forth in ORS 203.077 and adopted under Jackson County Code Sections 1078.03 to 1078.09 which rules are incorporated herein by reference. shall be subject to enforcement as provided in CPMC 7.01.050. K. Peddlers and Solicitors--Advertising--Signs. 1. Unless otherwise specifically permitted by the greenway authority, no person shall, within the greenway: a. Operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling goods, wares, merchandise, liquids or edibles for human consumption; b. Advertise in any manner, including but not limited to distributing circulars, or using fixed or mobile display; or c. Erect any sign, marker or inscription. 2. Unauthorized signing or trail marking is prohibited. L. Alcoholic Beverages. Possessing or drinking alcoholic beverages within the greenway is prohibited. M. Firearms, Air Guns and Other Weapons. No person, other than law enforcement officers performing their official duties, shall discharge any firearm, air gun, pellet gun, bow and arrow, slingshot or other projectile propelling device within the greenway. N. Fireworks. No person shall possess or use fireworks or explosives of any type within the greenway. O. Hunting. Unless specifically authorized, no person shall, or attempt, to pursue, hunt, trap, kill or injure any wild bird or animal within, into or out of the greenway area. P. Noise. Loudspeakers, public address systems and amplified musical instruments are allowed within the greenway only upon approval from the greenway authority. (Ord. 1819 §1(part), 2001). 7.C.c Packet Pg. 114 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) 8.32.060 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 1819 §1(part), 2001). 8.32.070 Jurisdiction--Enforcement. A. Persons are subject to the jurisdiction of the greenway authority for violations alleged to have been committed within that portion of the greenway that lies within the boundaries of the city of Central Point. B. Enforcement of this chapter may be performed by any law enforcement officer or code enforcement officer designated by the greenway authority. (Ord. 1819 §1(part), 2001). 8.32.080 Violations--Penalty. Unless provided otherwise, violations of any provision of this chapter shall, upon conviction, be punished by a fine of not more than two hundred fifty dollars per incident. (Ord. 1819 §1(part), 2001). 7.C.c Packet Pg. 115 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit C to Ordinance 9.68.000 Purpose. The city council has determined that it is necessary to adopt regulations in order to ensure the efficient operation, protection and maintenance of city parks and to protect the health, safety, and welfare of the people of the city and this chapter shall be liberally construed to effectuate this purpose. (Ord. 1899 §1(part), 2007). 9.68.010 Definitions. “Camp” means to set up, occupy, or to remain in or at a campsite. “Campsite” means any place where any bedding, sleeping bag or other material used for bedding purposes, or any stove or fire, is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure, or any vehicle or part thereof. “Dwell” means to regularly or intermittently remain for such a period of time at or near a particular location, premises or area so as to create a circumstance normally or reasonably associated with inhabiting, living, or assuming a possessory interest in such area. “Horse,” in addition to its ordinary meaning, also includes mules, donkeys and other rideable animals. “Livestock” means equines, cattle, sheep, goats, llamas, alpacas, and swine. (Ord. 1899 §1(part), 2007). 9.68.020 Child supervision. Children under the age of ten years are not allowed to come upon, use or play in the city’s parks without adequate supervision by a responsible older person. (Ord. 2069 §1, 2020; Ord. 1899 §1(part), 2007). 9.68.030 Fires. A. No person shall build, light or maintain any fire within a city park, as provided in CPMC 7.01.040(B)(4). except in a stove pit or fireplace designated for such purpose by the Central Point city council or its authorized agent or employee. B. No person shall leave a fire unattended while in a city park, and no person shall leave a city park before extinguishing any fire built, lighted or maintained by himself in any such park. 7.C.c Packet Pg. 116 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) C. No person shall build, set or maintain any fire so near to any pile of wood, underbrush, log, snag or stump as to constitute an immediate hazard to such wood, underbrush, log, snag or stump in a city park. (Ord. 1899 §1(part), 2007). 9.68.100 Hours of operation. A. All parks owned and/or operated by the city of Central Point or to be hereafter owned by the city shall be closed from ten p.m. one day to six a.m. the following day, with exceptions noted in subsection (B) of this section. B. Exceptions. The park hours prohibitions listed above shall not apply to persons: 1. Attending events sponsored by the city parks and recreation department or events and activities conducted pursuant to a written permit issued by the parks and recreation department director. 9.68.110 Authority to regulate occupancy and park closure. A. The parks and recreation department may establish and post maximum occupancies for any park area or facility. Patrons shall not enter into or remain in an area or facility for which an occupancy limit has been established when such action will have the effect of exceeding the established occupancy limits. B. Police officers of the Central Point police department are authorized to close all or portions of the city parks or city properties prior to or in lieu of any regular closure. The Central Point police department shall attempt to notify occupants of the closed area of the closure. This section shall not be construed to modify the unlawful entering or remaining in a building which is subject to state laws regarding burglary and criminal trespass. (Ord. 1899 §1(part), 2007). 9.68.120 Criminal trespass on city property. A person commits the crime of criminal trespass on city property if the person enters or remains unlawfully in city parks or on other city properties: A. After regular closure of the park or property, or after having knowledge of the closure provided in Section 9.68.110; or B. While under the influence of intoxicants, as that condition is defined by the motor vehicle laws of the state of Oregon, after being advised to leave the park or property by a police officer of the Central Point police department; or C. While continuing to operate any sound amplification system which is plainly audible from fifty or more feet (unless that system is being operated to request assistance or warn of a 7.C.c Packet Pg. 117 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) hazardous situation), after being advised to cease said operation by a police officer of the Central Point police department. (Ord. 1899 §1(part), 2007). 9.68.150 Vehicles--Parking. A. No automobiles, trailers or other vehicles shall be driven or parked in any areas other than those provided, maintained or designated for such purposes. B. No bicycles, motorcycles or other vehicles may be driven or parked upon a tennis court or basketball court. C. No automobiles, trailers, recreational vehicles or other vehicles of any kind may be parked in a city park during hours in which the park is closed to the public. (Ord. 1915, 2008; Ord. 1899 §1(part), 2007). 9.68.170 Dogs in parks. Dogs shall be allowed in parks on leash only (not to exceed six feet in length) with the exception of designated dog parks. Any excrement created by an animal shall be immediately removed by the owner. Some areas in parks may be designated to prohibit dogs and will be posted accordingly. Dogs are prohibited from memorials, playgrounds and spray parks. (Ord. 1958 §1, 2012; Ord. 1899 §1(part), 2007). 9.68.180 Depositing litter, rubbish, garbage or trash. A. No person shall leave any bottles, cans, ashes, waste paper, rubbish or garbage in a city park except in receptacles designated for that purpose. B. It shall be unlawful for any person to haul household garbage, rubbish, or trash to the city park and deposit the same in the park or on public property. (Ord. 1899 §1(part), 2007). 9.68.190 Water pollution. No person shall wash any clothing or other material, or clean any fish in a lake or stream, nor in any way pollute any stream or lake in a city park. (Ord. 1899 §1(part), 2007). 9.68.200 Camping. No camping or dwelling shall be permitted in city parks except by written permission from the parks and recreation director. (Ord. 1899 §1(part), 2007). 9.68.210 Alcohol. 7.C.c Packet Pg. 118 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) The possession and use of alcohol is prohibited in all public parks. Permits can be issued for special events at the discretion of the city manager or his or her designee and when the applicant possesses a license for special events issued by the Liquor Control Commission. (Ord. 1969 §1(part), 2013; Ord. 1899 §1(part), 2007). 9.68.220 Public nudity. It is unlawful for any person regardless of age to expose his or her genitals while in a public park. This includes the water features in parks and is specifically implemented for the purposes of ensuring a hygienic environment for all patrons. (Ord. 1958 §2, 2012). 9.68.230 Smoking in park facilities. A. Definitions. For the purposes of this section, and unless the context requires the subject terms are defined as follows: 1. Smoke Free. Possessing or to possess a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, or other substance (including but not limited to a lighted pipe, hookah pipe, cigar, or cigarette of any kind) and including a device that simulates smoking of tobacco or other substances that creates a smoke or vapor. 2. Tobacco and Smoke Free Facilities. All parks and recreation department managed properties including the adjacent pedestrian rights-of-way and/sidewalks. B. All parks and facilities managed and maintained by the parks and recreation department of the city of Central Point are designated as tobacco and smoke free facilities. These parks and facilities include the pedestrian rights-of-way and/or sidewalks adjacent to each such property. (Ord. 1990 §1, 2014; Ord. 1958 §3, 2012). 9.68.240 Penalty. Violation of this chapter shall be punishable under the general penalty, Chapter 1.16. (Ord. 1958 §4, 2012; Ord. 1899 §1(part), 2007. Formerly 9.68.220). 7.C.c Packet Pg. 119 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit D to Ordinance 10.04.260 Drinking in motor vehicle. No person shall consume alcoholic liquor while an occupant of a motor vehicle on any street or public right-of-way in this city. (Ord. 940A §24, 1969). 10.04.360 Streets--Obstruction prohibited. Except as provided by this chapter or any ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way presents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, creates a safety hazard, or obstructs a driver’s view or traffic or official traffic signs and signals. Running of extension cords or electrical cords across streets and alleys is prohibited. (Ord. 940A §34, 1969). 7.C.c Packet Pg. 120 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) Exhibit E to Ordinance 12.20.020 Prohibited. A. It is unlawful for any person to place or allow in or over any alley, street or sidewalk, or any street or alley right-of-way, whether improved or not, any of the following: 1. Any garbage or refuse of any nature; provided, however, that garbage or refuse in enclosed containers may be temporarily placed within the street right-of-way upon garbage collection days; 2. Any building, fence, or other structure, including items which are by design intended to be portable; provided, however, that: a. Fences (subject to subsection B of this section) and mailboxes may be placed in a right-of-way, at the owners’ expense, if the same do not impede sight distance necessary for the safe use of the street, alley, driveway or sidewalk by vehicular or pedestrian traffic; and further provided, that the same shall be removed upon the request of the city; b. Rubber curb ramps may be placed in a right-of-way, at the owner’s expense; provided, that they shall be removed upon the request of the city; c. Rubber curb ramps are only allowed to be installed in areas of the city where rolled curbs are currently located; 3. Any sports equipment or structures; 4. Any vehicle, parked so as to block a sidewalk, or a driveway, or partially block a street or alley (provided that vehicle access along such street or alley is not blocked or prohibited by such parking), for a period of longer than six hours, except in the following circumstances: a. The vehicle is parked in In a location where parking is otherwise allowed, subject to the restrictions of such allowance; and b. When the vehicle is attended by a driver who is in the immediate vicinity and capable of immediately removing the vehicle, whereupon the vehicle may be parked for loading or unloading for a period, reasonably necessary for the purpose, provided that The vehicle is parked for loading and unloading purposes, it is attended by a driver who is in the immediate vicinity and capable of immediately removing the vehicle, as reasonably necessary, and the driver thereof shall forthwith move the same upon request in order to permit ingress and egress to other premises, or upon request of a peace officer or fireman; 7.C.c Packet Pg. 121 At t a c h m e n t : E x h i b i t s B - E t o O r d i n a n c e R e g u l a t i n g C a m p i n g ( 1 7 0 7 : O r d i n a n c e R e g u l a t i n g C a m p i n g o n P u b l i c P r o p e r t y ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Finance FROM: Steven Weber, Finance Director MEETING DATE: June 22, 2023 SUBJECT: A Resolution Approving a 2021-23 Supplemental Budget ACTION REQUIRED: Motion Resolution RECOMMENDATION: Approval BACKGROUND INFORMATION: ORS 294.471 (1) (c) allows the governing body to adopt a supplemental budget when funds are made available by another of federal, state or local government and the availability of which could not reasonably be foreseen when preparing the original budget or a previous supplemental budget for the current year or current budget period. ORS 294.463 (1) allows transfers of appropriations within a fund when authorized by ordinance or resolution of the governing body of a municipal corporation. The ordinance or resolution must state the need for the transfer, the purpose for the authorized expenditure and the amount transferred. There were two revenue items that were not anticipated when the 2021-23 biennial budget was adopted. The first one is the work completed to date on the design of the new culverts that will be installed at Elk Creek. This stems from damaged during the Almeda Fire, however, the project is now at the “ready to fund” stage with FEMA so the reimbursement revenue ($145,000) can be recognized at this point. There will be additional costs associated with this project as well as additional reimbursement revenue to recognize but that will occur in the 2023-25 biennial budget. The second revenue item was the additional sale of surplus vehicles out of the City’s fleet. This additional revenue of $40,300 is being used to help offset the cost of replacement vehicles. The balance of the changes within this supplemental budget fall under the transfer of appropriation statute. There are several departments and funds that continue to see line items being impacted by inflationary cost increases for materials and/or services. Cost savings that have been realized in certain categories are being transferred to the categories that continue to see budgetary overages. As an additional precautionary measure, budgeted contingency amounts within applicable funds will be transferred to expenditure categories in the event that additional spending authority is needed within the final weeks of this fiscal year. FINANCIAL ANALYSIS: With the adoption of the changes contained in this second supplemental budget ($185,300) the amended 2021-23 biennial budget will increase to $66,984,690. The originally adopted budget 8.A Packet Pg. 122 was $63,498,670. LEGAL ANALYSIS: N/A 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. GOAL 2 – Invite public trust. STRATEGY 5 – Communicate effectively and transparently with the public. STAFF RECOMMENDATION: Approve resolution as presented. RECOMMENDED MOTION: I move to approve Resolution No. _____, a resolution of the City of Central Point approving a 2021-23 supplemental budget. ATTACHMENTS: 1. RESO Supplemental Budget 21-23 #3 8.A Packet Pg. 123 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF CENTRAL POINT APPROVING A 2021-23 SUPPLEMENTAL BUDGET Recitals: A. ORS 294.471 (1) (c) allows the governing body to adopt a supplemental budget when funds are made available by another of federal, state or local government and the availability of which could not reasonably be foreseen when preparing the original budget or a previous supplemental budget for the current year or current budget period. B. ORS 294.463 (1) allows transfers of appropriations within a fund when authorized by ordinance or resolution of the governing body of a municipal corporation. The ordinance or resolution must state the need for the transfer, the purpose for the authorized expenditure and the amount transferred. C. There were two revenue items that were not anticipated when the 2021-23 biennial budget was adopted. The first one is the work completed to date on the design of the new culverts that will be installed at Elk Creek. This stems from damaged during the Almeda Fire, however, the project is now at the “ready to fund” stage with FEMA so the reimbursement revenue ($145,000) can be recognized at this point. There will be additional costs associated with this project as well as additional reimbursement revenue to recognize but that will occur in the 2023-25 biennial budget. The second revenue item was the additional sale of surplus vehicles out of the City’s fleet. This additional revenue of $40,300 is being used to help offset the cost of replacement vehicles. D. The balance of the changes within this supplemental budget fall under the transfer of appropriation statute. There are several departments and funds that continue to see line items being impacted by inflationary cost increases for materials and/or services. Cost savings that have been realized in certain categories are being transferred to the categories that continue to see budgetary overages. As an additional precautionary measure, budgeted contingency amounts within applicable funds will be transferred to expenditure categories in the event that additional spending authority is needed within the final weeks of this fiscal year. 8.A.a Packet Pg. 124 At t a c h m e n t : R E S O S u p p l e m e n t a l B u d g e t 2 1 - 2 3 # 3 ( 1 7 0 8 : 2 0 2 1 - 2 3 S u p p l e m e n t a l B u d g e t # 3 ) The City of Central Point resolves as follows: Section 1. Adjusted Budget Revenues Expenses Budget General Fund 24,866,645$ 24,866,645$ Personal Services - Finance 1,294,500$ (50,000)$ 1,244,500$ Personal Services - Planning 945,830$ (120,000)$ 825,830$ Personal Services - Parks 1,129,205$ 20,000$ 1,149,205$ Personal Services - Recreation 633,130$ 40,000$ 673,130$ Materials & Services - Police 2,051,475$ 150,000$ 2,201,475$ Materials & Services - Planning 175,930$ 20,000$ 195,930$ Materials & Services - Finance 409,510$ 50,000$ 459,510$ Materials & Services - Inter.621,130$ 5,000$ 626,130$ Capital Outlay - Inter.431,930$ 65,000$ 496,930$ Contingency - Inter.180,000$ (180,000)$ -$ General Fund - Revised 24,866,645$ 24,866,645$ Fed. Stimulus Grant Fund 4,685,245$ 4,685,245$ Materials & Services 450,000$ 23,600$ 473,600$ Capital Outlay 3,143,385$ 18,260$ 3,161,645$ Contingency 41,860$ (41,860)$ -$ Fed. Stimulus Grant Fund - Rev 4,685,245$ 4,685,245$ Street Fund 11,175,702$ 11,175,702$ Personal Services 1,241,955$ 50,000$ 1,291,955$ Materials & Services 3,335,880$ 100,000$ 3,435,880$ Capital Outlay 3,808,767$ 750,000$ 4,558,767$ Contingency 900,000$ (900,000)$ -$ Street Fund - Revised 11,175,702$ 11,175,702$ Building Fund 1,652,510$ 1,652,510$ Materials & Services 127,360$ 6,000$ 133,360$ Contingency 6,000$ (6,000)$ -$ Building Fund - Revised 1,652,510$ 1,652,510$ 8.A.a Packet Pg. 125 At t a c h m e n t : R E S O S u p p l e m e n t a l B u d g e t 2 1 - 2 3 # 3 ( 1 7 0 8 : 2 0 2 1 - 2 3 S u p p l e m e n t a l B u d g e t # 3 ) Water Fund 1,652,510$ 1,652,510$ Capital Outlay 3,528,767$ 80,000$ 3,608,767$ Debt Service 885,085$ 71,500$ 956,585$ Contingency 151,500$ (151,500)$ -$ Water Fund - Revised 1,652,510$ 1,652,510$ Stormwater Fund 6,635,271$ 6,635,271$ Grant Revenue - FEMA -$ 145,000$ 145,000$ Capital Outlay 3,018,766$ 241,500$ 241,500$ Debt Service - Developer Reimb.50,000$ (50,000)$ (50,000)$ Contingency 46,500$ (46,500)$ (46,500)$ Stormwater Fund - Revised 6,780,271$ 6,780,271$ Internal Service Fund 3,399,860$ 3,399,860$ Sale of Assets 28,460$ 40,300$ 68,760$ Personal Services - Fleet 205,150$ (50,000)$ 155,150$ Materials & Services - Fleet 604,260$ 50,000$ 654,260$ Capital Outlay - Fleet 303,460$ 40,300$ 343,760$ Materials & Svc. - Facilities 519,700$ 50,000$ 569,700$ Capital Outlay - Facilities 50,000$ (50,000)$ -$ Internal Service Fund - Revised 3,440,160$ 3,440,160$ Passed by the Council and signed by me in authentication of its passage this 22nd day of June 2023. Mayor Hank Williams ATTEST Rachel Neuenschwander, Recorder 8.A.a Packet Pg. 126 At t a c h m e n t : R E S O S u p p l e m e n t a l B u d g e t 2 1 - 2 3 # 3 ( 1 7 0 8 : 2 0 2 1 - 2 3 S u p p l e m e n t a l B u d g e t # 3 ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Human Resources FROM: Elizabeth Simas, Human Resources Director MEETING DATE: June 22, 2023 SUBJECT: A Revised Resolution Extending Workers Compensation Coverage to Volunteers ACTION REQUIRED: Resolution RECOMMENDATION: Approval BACKGROUND/HISTORY: ORS 656.031 allows public entities, by resolution, to elect workers’ compensation coverage for volunteer workers. City County Insurance, in partnership with SAIF Corporation, the City’s workers’ compensation insurance carrier, requires that the City pass such a resolution annually. This resolution continues the current practice of providing workers’ compensation coverage for city volunteers, with the exception of special events volunteers who are covered under a separate accident policy. The 2023-2024 resolution includes those who volunteer on a regular basis such as committee members, the council, Police volunteers, and other various program areas. FISCAL IMPACT: Worker’s comp coverage for volunteers accounts for a small portion of the city’s total worker’s comp premium. ATTACHMENT: Motion to approve Resolution No. _____ A Resolution Extending Workers Compensation Coverage to the City of Central Point. RECOMMENDATION: Approve Resolution _________, A Resolution Extending Workers Compensation Coverage to Volunteers of the City of Central Point. ATTACHMENTS: 8.B Packet Pg. 127 1. WC Volunteer Resolution 062223 8.B Packet Pg. 128 Resolution No.: ______________ A RESOLUTION EXTENDING WORKERS’ COMPENSATION COVERAGE TO VOLUNTEERS RECITALS: Pursuant to ORS 656.031, workers’ compensation coverage will be provided to the classes of volunteer workers. Therefore, the City of Central Point resolves as follows: Workers’ compensation will be provided to the following classes of volunteers listed in this resolution, noted on CIS/SAIF payroll schedule, and verified at audit: 1. Public Safety Volunteers An assumed monthly wage of $800 per month will be used for public safety volunteers in the following volunteer positions: Police Reserve Officers Volunteers in Police Services (VIPS) Police Explorers CERT (Community Emergency Response Team) 2. Volunteer boards, commissions, and councils for the performance of administrative duties. An aggregate assumed annual wage of $2,500 will be used per each volunteer board, commission, or council for the performance of administrative duties. The covered bodies are (list each body): City Council Planning Commission Parks Commission Citizen’s Advisory Commission (CAC) Budget Committee 3. Manual labor by elected officials. An assumed monthly wage of $800 per month will be used for public officials for the performance of non-administrative duties other than those covered in paragraph 2 above. 8.B.a Packet Pg. 129 At t a c h m e n t : W C V o l u n t e e r R e s o l u t i o n 0 6 2 2 2 3 ( 1 7 0 6 : R e s o l u t i o n N o . _ _ _ _ _ _ _ , A R e v i s e d R e s o l u t i o n E x t e n d i n g W o r k e r s C o m p e n s a t i o n 4. Non-public safety volunteers All non-public safety volunteers listed below will track their hours and Oregon minimum wage will serve as assumed wage for both premium and benefits calculations. CIS/SAIF will assign the appropriate classification code according to the type of volunteer work being performed. Parks and Recreation – excluding “Special Events” covered under a separate accident policy. Public Works Other: Clerical 5. Public Events - Non-applicable Volunteers participating in City-sponsored special events are covered under a separate accident policy and are not covered under this resolution. 6. Community Service Volunteers/Inmates - Non-applicable 7. Other Volunteers Volunteer exposures not addressed here will have workers’ compensation coverage if, prior to the onset of the work provided that City of Central Point a. Provides at least two weeks’ advance written notice to CIS/SAIF underwriting requesting the coverage b. CIS/SAIF approves the coverage and date of coverage c. CIS/SAIF provides written confirmation of coverage City of Central Point agrees to maintain verifiable rosters for all volunteers including volunteer name, date of service, and hours of service and make them available at the time of a claim or audit to verify coverage. Now, therefore, be it resolved by City of Central Point to provide workers’ compensation coverage as indicated above. Passed by the Council and signed by me in authentication of its passage this _____ day of June, 2023. _________________________ Mayor Hank Williams ATTEST: ________________________________ Rachel Neuenschwander, City Recorder 8.B.a Packet Pg. 130 At t a c h m e n t : W C V o l u n t e e r R e s o l u t i o n 0 6 2 2 2 3 ( 1 7 0 6 : R e s o l u t i o n N o . _ _ _ _ _ _ _ , A R e v i s e d R e s o l u t i o n E x t e n d i n g W o r k e r s C o m p e n s a t i o n City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Human Resources FROM: Elizabeth Simas, Human Resources Director MEETING DATE: June 22, 2023 SUBJECT: A Resolution Approving the 2023 Revised Management Compensation Plan ACTION REQUIRED: Resolution RECOMMENDATION: Approval BACKGROUND/HISTORY: In December 2010, the council adopted a Management Compensation Plan (MCP). The plan specifies that to maintain a competitive compensation plan that minimum and maximum salary bands will increase based on the US City Average CPI-U July-to-July effective January of the next year. In most cases, a change to the minimum or maximum salary does not change a manager’s salary as increases are performance based. At a minimum, management salaries are to be reviewed at least every three years which was last done in 2021. A comprehensive market survey was completed, and presented to the City Council at the November 18, 2021 meeting. As recommended by the Council, data modeling was completed that included Medford and Jackson County (JC) and again without those two jurisdictions. The recommendation from council was to bring the salary ranges and monetary benefits up to at least the average/median but not more than 5% above. The next scheduled market survey will be completed the fall of 2024 for calendar year 2025 wages. The following changes are proposed for the MCP document: · Appendix A: The proposed changes for January 1, 2024 salary scale are to increase the minimum by 2.5% and the maximum by 5% for all positions in the management compensation plan. In addition, changing the salary scale of the Police Captain to equal the Director III Band, adding a Special Projects Manager/Rehired Retiree position, and replacing the Building Division Manager with the Building Director position. Changes to the scale do not impact individual employees’ wages, unless increasing the minimum would place an individual below the minimum. The CPI-U average for 2023 year-to-date is approximately 5.25%. January 1, 2023, the salary scale adjustment was limited to 2.5% although the CPI-U for July 2021 - July 2022 was 8.5%. The City received a substantial unexpected increase to the health insurance plan of 42% for 8.C Packet Pg. 131 October coverage, so to off-set some of the payroll/benefit costs of this increase, the salary scale increase was limited to 2.5%. · Health Insurance: On January 1, 2023 the City switched to CityCounty Insurance Services (CIS) for those covered by the Management Compensation Plan. The City has been notified that the insurance rates will increase by about 4.25% beginning January 1, 2024. This plan has tiered coverage rates. The City has been paying 100% of employee only coverage and 90% of the additional cost for those electing family, employee and spouse, and employee and child(ren) coverage. To provide cost savings to the City and provide meaningful benefits, employees who do not have family coverage or have family members covered by another group plan and who opt-family members off the plan receive an additional HRA-VEBA contribution. (5.3.1 Health Insurance) For calendar year 2023, 12 of 21 employees have family coverage and four out of 21 employees elected not to cover all eligible dependents, thus providing an additional annual savings to the City of $15,000. · Vacation: In recognition of longevity and to ensure management staff receives equal or greater benefits as those they supervise, 5.4.2 Paid Vacation accruals have been adjusted to reflect the changes to the proposed Police union contract. In addition, a one- time 40 hour vacation award has been proposed on the employee’s 15th year of service with the City. · Gym/Weight Management membership reimbursement (5.2.7): The proposed increase of $10 per month would change the reimbursement amount from $25 to $35 per month. · Assistant City Manager Assignment (5.2.8): An incentive pay of up to 10% above the base pay for a manager assigned as Assistant City Manager. · Additional minor language changes include 3.5 FLSA Exemption/Overtime defining the number of work hours in a month; 5.2.3 Deferred Compensation obsolete language was removed for the 401(a); 5.4 Paid Time Off clarifying how many hours are paid for legal and floating holidays and those working 4-10 hour shifts are required to use two hours of other leave to cover their holiday shift. In anticipation of the implementation of Paid Leave Oregon language addressing what will occur when employees are not paid by the City, 5.4.2 Paid Vacation and 5.4.3 Sick Leave, accruals will be prorated when an employee is in an absent without pay status or is unpaid by the City while utilizing Paid Leave Oregon; and 5.6 Application of this Plan and City Policies the example to reference to Sick Leave Donation Bank is removed since we discontinued this program. CITY OF CENTRAL POINT STRATEGIC PLAN 2040 The City of Central Point Strategic Plan set a roadmap for the city council, management, and employees to guide them when making organizational decisions. The proposed changes to the Management Compensation address the following goals as set out by the Strategic Plan 2040 by establishing a competitive compensation and promoting internal employees who share management’s philosophy. · Community Engagement Goal 1 - Build strong relationships between government 8.C Packet Pg. 132 and its citizens. Strategy 4 - Mentor and develop internal employees who share management philosophy of inter-government/inter-agency cooperation · Responsible Governance - Goal 3A - Hire and retain quality employees who are skilled, solution-oriented and people minded. Strategy 1 - Establish a competitive compensation (salary and benefits) package. FINANCIAL CONSIDERATIONS: Performance based increases are not factored into these costs as they are dependent on performance, budgetary constraints, and capped at a maximum of 6% of salary, per the Management Compensation Plan. The promotion of the Building Division Manager to Building Director will have a budgetary impact of approximately $11,000 for wages/roll-up costs and benefits for Fiscal Year 2023-2024 which was included in the biennial budget process. The Gym/Weight Management reimbursement increase will cost approximately $1,000 annually. The cost of the Assistant City Manager assignment pay is approximately $10,000 annually for wages and roll-up payroll costs. The 4.25% increase to the CIS medical plan will cost approximately $21,000 additional annually, $10,500 for the 2023-2024 Fiscal Year. The proposed changes increase the Fiscal Year 2023-2024 wages and benefits by approximately $33,000 and are within the 2023-2024 budget. RECOMMENDATION: Motion to approve Resolution _____, A Resolution approving the 2023 Revised Management Compensation Plan. ATTACHMENTS: 1. Resolution MCP 062223 2. MCP Proposed for 070123 8.C Packet Pg. 133 Management Compensation Plan July 1, 2023 – June 30, 2024 Classification Pay Plan Resolution RESOLUTION NO. A RESOLUTION APPROVING THE 2023 REVISED MANAGEMENT COMPENSATION PLAN RECITALS: 1. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to adopt rules relating to personnel matters. 2. Policy #3.06.2 of the Personnel Policies and Procedures provides that the Council shall, by resolution, adjust the salaries and rates of compensation and benefits for all City officers and employees. The City Council deems it to be in the best interest of the City to make revisions thereto. The City of Central Point resolves as follows: The 2023 revised Management Compensation Plan, as attached, is hereby ratified and adopted. Passed by the Council and signed by me in authentication of its passage this _____ day of June 2023. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.C.a Packet Pg. 134 At t a c h m e n t : R e s o l u t i o n M C P 0 6 2 2 2 3 [ R e v i s i o n 2 ] ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 City of Central Point Management Compensation Plan Chris Clayton, City Manager ADOPTED BY COUNCIL December 9, 2010 REVISED June 22, 2023 EFFECTIVE July 1, 2023 8.C.b Packet Pg. 135 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 8.C.b Packet Pg. 136 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Contents Introduction ................................................................................................................................................ 1 Section 1 – The Management Team ................................................................................................. 4 Section 2 – Management Compensation Plan ............................................................................. 5 Section 3 – Salary Ranges ..................................................................................................................... 7 Section 4 – Performance Evaluation............................................................................................. 11 Section 5 – Total Compensation Package ................................................................................... 15 Section 6 – Comparable Market Defined .................................................................................... 23 Section 7 – Conclusion ........................................................................................................................ 24 Appendix A – Salary Schedule ......................................................................................................... 25 This compensation plan is NOT A CONTRACT or bargained agreement. This plan and the salary and benefits outlined herein may be changed at any time with approval of the City Council. 8.C.b Packet Pg. 137 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 1 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution#___ - 06/22/2023 INTRODUCTION Our City Central Point is a small town, with a population of just over 19,785, in beautiful southern Oregon. It borders a city of approximately 88,357 and smaller communities with populations of less than 8,000. Central Point is bisected by both a major interstate highway and a rail line. An international airport is within 2 miles. Local medical and educational facilities are excellent, including several hospitals, clinics, a community college and state university. The area enjoys warm summers and mild winters and, although it is 200 or more miles in any direction to a larger metropolitan area, Central Point has wonderful theater, musical, and indoor and outdoor recreational opportunities within minutes of driving time. The City of Central Point is a full-service municipal organization with a council-manager form of government. Although the town has been incorporated for over 125 years, as recently as 15 years ago the population was less than half the current figure and, as the city grows, so grows the organization. It is currently in the growth phase of its organizational life cycle. The City Council adopted the following mission as part of the City’s strategic plan 2040 update. Our Mission Creating a family-friendly community that provides a better experience for those living, working and doing business in Central Point. Our Vision Central Point is a safe, family-friendly, livable community that cultivates its small-feel by managing growth and inspiring meaningful connections between people and places. Our Values Accountability, Community, Excellence, Heritage, Public Safety, Resilience, and Service. In 2017, the City Manager adopted the following vision, values, and expectations for our employees. Vision Statement A better experience for those living in, working in, or doing business with, the City of Central Point. Statement of Values: 1. Be Owners – We own the work that is produced at the City of Central Point. To that end, we only allow quality products, documents and services to be delivered from our organization. Furthermore, when we fail to meet expectations, we accept responsibility, apply what we have learned, and move forward in a positive direction. 2. Be Real – Simply stated, be authentic/genuine in your communications with the public and with your colleagues. 3. Be Bold – Take appropriate risk and make compelling/constructive arguments; don’t take unnecessary risks or be argumentative. 8.C.b Packet Pg. 138 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 2 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 4. Be Better - Know your strengths and weaknesses and constantly seek ways to improve self, perspective, and performance. To “Be Better” requires being self-aware which promotes pluralism, allows us to be open to new ideas/solutions, and find long-term positive outcomes via our short-term failures. Expectations: 1. Embrace the concept and ideals of “public service.” The City of Central Point was incorporated in 1889 in order to serve the community and citizens. It is essential that those employed by, or volunteering for, the City of Central Point never lose sight of the fact that we exist to serve the Central Point community. The concept of commitment to the principles of civic duty should be at the heart of everything the City of Central Point does each and every day. 2. Place an emphasis on excellent customer service. It is essential that we serve the public in a courteous and professional manner. It is also important for the Central Point staff to be perceived as fair and equitable. Of course, as an organization we will not be able to say “yes” to every request or inquiry. However, in those instances when we must say “no,” it is important to deliver this message in a professional manner and to constantly seek alternate solutions for the public. 3. Maintain the highest ethical standards. It is essential that the City of Central Point staff earn and maintain the trust and respect of the organization and community. Consequently, it is essential that the City of Central Point establish and maintain a positive culture that is based on honesty and integrity. Each and every member of the city organization should always lead by example. We do the right thing, for the right reason, regardless of circumstance. 4. Value cooperation, teamwork coordination, and partnership. It remains essential that the City’s various departments and divisions work together to improve our community. The City of Central Point is an organization increasing in size and complexity. A primary component of our success depends on the willingness of every employee and volunteer to work in concert and have a unified organization mind-set. It is also essential for the Central Point management team to work with various stakeholders in the community and the community itself to solve the challenges and problems that face Central Point. The City of Central Point has earned the reputation as a “partner” to business, development and citizens, and we must do all we can to foster this well-deserved reputation. 5. Hold ourselves accountable to the community for our actions. It is appropriate to tout organizational accomplishments; however, it is also just as important to take responsibility for our failures and shortcomings, and work as a group to solve 8.C.b Packet Pg. 139 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 3 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 problems and minimize our shortcomings. This approach will help the entire organization earn the trust and respect of the community. 6. Be innovative and results-oriented. Each and every member of the Central Point staff should continuously seek out new strategies, ideas and solutions to improve the organization. The organization should continually strive for excellence and consistently question the “status quo.” 7. Genuinely listen and treat each other with respect. The quality of our employees dictates how well the City of Central Point is able to serve the community. Therefore, it is essential that we value each other and provide support needed in order to be successful. In addition, it is important to empower each other via communication so our decisions are well informed. Finally, the City’s management team and City’s labor organizations must work well together and embrace common goals and objectives. If differences arise, we must solve them in a professional and productive manner. 8. Maintain a strong financial position. It is imperative Central Point staff manage fiscal resources in a responsible and conservative manner. The City of Central Point’s taxpayer and ratepayers deserve nothing less than this level of care. Likewise, it is necessary for all employees to ensure that the City operates in an efficient and economical manner. 9. Communicate very well, both within the organization and with the community. It is essential that staff communicate in an honest and straightforward manner with each other and with the community as a whole. The City of Central Point should be candid and forthright, regardless if the news is positive or negative. It is also essential to maintain good lines of communication within the organization. We should actively listen to employees and follow up on ideas and suggestions. Finally, staff should always be open to new ideas, approaches, and solutions. 10. Maintain a strong work ethic. Regardless of circumstance, we should always do our best. In summary, the City’s mission is to create, maintain, and sustain livability of the community. As a City, we recognize that to provide the best service to our clients, the citizens of Central Point, we must seek to have a management team that shares the mission, vision, values, and expectations of the City. To that end, an aligned management compensation plan has been created to encourage current and future managers of the City of Central Point to work as a team to create a government organization that puts the needs and desires of the citizens of Central Point above their own preferences, and strive to provide the necessary services in the most efficient and effective manner possible. 8.C.b Packet Pg. 140 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 4 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 1. The Management Team 1.1 Management Team The City’s Management Team is comprised of the Executive Management Team and First and Second Tier Managers and confidential employees. The Management Team’s job duties include: governmental accounting; budget; records management; city governance; public safety and law enforcement; public works including street construction, water distribution, storm water and flood hazard management; land use and urban planning; parks maintenance and recreation programming; human resources management; risk management; information technology; and facilities management. The City’s Management Team is composed of professional employees who have years of experience working in their profession or in local government. At a minimum, most positions in the management team require a college degree or equivalent experience, training, and certification. The jobs covered by this plan are professional-level positions that require specialized training, certification and/or extensive experience. These are professional people in key positions of responsibility; it is important for the City to recognize this and compensate them at a fair, professional level. The term manager or employee may be interchanged to designate staff covered by the Management Compensation Plan. 1.2 Executive Management Team members report directly to the City Manager and include the City Attorney, City Recorder, Building Director, Finance Director, Human Resources Director, Information Technology Director, Planning Director, Parks and Public Works Director, and Police Chief. 1.3 First Tier Managers typically report to a department director and include Police Captain, Recreation Manager, Parks/Public Works Operations Manager, Construction Services Supervisor, Safety & Risk Manager, Principal Planner, Finance Supervisor, and Special Projects Manager/Rehired Retiree. 1.4 Second Tier Managers report to a first tier manager and include the Police Office Manager, Police Lieutenants, and Park/Public Works Supervisor. 1.5 Confidential Employee is an employee classified as a confidential employee under ORS 243.650 including the Human Resources Assistant and Accountant. 1.6 Part-time without benefits. A “part-time without benefits” employee shall be defined as an employee scheduled to work less than 30 hours per week. A “part-time without benefits” employee is not eligible for health insurance but may be eligible for other benefits as outlined in the MCP. 1.7 Non-Covered Positions This Plan shall not cover anyone in a temporary position, in a position covered by a collective bargaining agreement, or anyone with an individual employment agreement. 8.C.b Packet Pg. 141 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 5 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 2. Management Compensation Plan 2.1 Previous Strategy At the time this plan was originally adopted in 2010, the management compensation strategy had not been reviewed in at least five years. It was basically an extension of the negotiated compensation for the two bargaining units, taking into consideration what other cities in the region were paying for management-level positions. There was no written pay strategy. When a position became vacant, the pay was reviewed at that time. The City prefers to promote current employees when possible and there is a written policy to this effect, but there was no established plan to address pay changes for promotional situations. 2.2 Management Compensation Plan – Strategic Purpose The purpose of having a written management compensation plan is to develop a compensation strategy that is tied to the mission, vision, values, and expectations of the City of Central Point and the 2020 Strategic Plan and subsequent 2040 Strategic Plan. The compensation plan must be fair, legal, consistent, and understood by all. Having a written plan should eliminate, or at least reduce, the likelihood of inconsistencies, misunderstandings, and real or perceived discrimination. 2.3 Compensation Philosophy This management compensation program is designed to provide adequate pay for all management employees. The goal of our total management compensation program is to foster and reward performance and dedication, while at the same time attracting suitable candidates, when needed, to fill vacancies. 2.3.1 Principles • Management pay ranges will be determined, by using the market average for the appropriate labor market as a target and an internal pay equity analysis of comparable work. Placement in the pay range will be determined by a pay equity analysis, and increases within the range will be merit-based and performance-driven. • Benefits will include adequate health insurance at a reasonable cost to employees, and other benefits that promote a comfortable, secure workforce and encourage dedication to the City. • Additional perquisites will include deferred compensation, health reimbursement arrangements, paid time off, and other consideration as specified in this plan. • Incentives may be offered as part of the performance-driven pay structure codified in this plan, provided the parameters of the plan are adhered to. 8.C.b Packet Pg. 142 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 6 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 2.3.2 Strategies • Because the City of Central Point’s success is dependent on capable and dedicated leaders, our compensation goals will strive to attract and retain individuals who share the mission and vision of the City. • Our total compensation will be industry competitive and appeal to the type of professional employees we wish to attract and retain. • We will adequately compensate all managers but we will reward those who go above and beyond in the furtherance of our mission. • We will hold managers accountable for the duties and responsibilities of their positions. Regular and meaningful evaluations will be conducted to gauge accomplishments and assess deficiencies. • We will endeavor to provide benefits that offer the most value to, and are appreciated by, our employees. • We will promote dedication by providing growth and development opportunities to employees at all levels. • We will strive to cultivate and promote future managers from within the organization whenever it is practical to do so. • We will embrace an organizational culture that rewards excellent service to the citizens of Central Point. This compensation plan is NOT A CONTRACT or bargained agreement. This plan and the salary and benefits outlined herein may be changed at any time with approval of the City Council. 8.C.b Packet Pg. 143 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 7 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 3. Salary Ranges 3.1 Establishing Ranges Each manager’s pay will be established on a scale that includes a minimum and maximum range. Ranges will be proposed by the City Manager, with average salaries for comparable positions in comparable cities (as determined by a wage study of the appropriate labor market) being considered a “target” point. The market will be surveyed not less than every three years. Factors to be considered in determining the range for each position or position class should include: • Market Survey: average minimum and maximum pay for comparable positions in comparable cities and cost of living changes • Scope of the position (Comparable Character): duties and responsibilities, authority, liability, number of employees supervised, size and complexity of budget administered • Total compensation value: takes into consideration the comparability of total compensation and benefits Pay bands will be established by grouping similar positions and pay ranges. 3.1.1 Changes to Salary Ranges To attract and retain high quality professional employees, it is important to maintain a competitive compensation plan that incorporates current economic conditions. Beginning January 1, 2018, the minimum and maximum salary for each band will increase based on the U.S. City Average CPI-U July – July; not to exceed 2.5%. Changes to the salary schedule do not change a manager’s salary unless the manager’s salary is less than the minimum for the band; in such case, the manager’s salary would increase to the minimum salary. The salary range for each pay band may be adjusted by the City Manager not more than once in any 12-month period and, generally, any change in either the minimum or maximum of the range shall not be more than 10%. Any changes to the pay bands shall be brought to the City Council for approval in the form of a resolution setting forth the employee compensation plan. 3.2 Assigning Positions to Pay Bands 3. 2.1 New Positions Any new management position shall be approved in accordance with City policy. New positions shall be assigned a pay band based on the recommendation of the Human Resources Director as supported by a market study described in Section 6 of this Plan and comparable character and similarity with existing management positions. New management positions covered under this Plan shall be incorporated into the first revision of the Plan following approval of the position. 3.2.2 Revised Positions/Job Changes When a current management position covered under this Plan substantive has changes in job duties, requirements or responsibilities, as delineated in an approved, written position description, the revised position shall be assessed. A market study of the revised position will be conducted and the 8.C.b Packet Pg. 144 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 8 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 position will be placed in the appropriate pay band and placement of the incumbent within the pay band’s salary range will be done in accordance with 3.3 Individual Placement within Salary Ranges. A change in job title or job duties will not necessarily result in a change in pay band. 3.3 Individual Placement within Salary Ranges Each manager’s pay will be set within the approved salary range of the pay band for their position according to their qualifications, competencies, and the relative value of those qualifications and competencies to the position and to the City of Central Point, as determined by the City Manager. Work of comparable character factors to be considered in determining individual pay within the established range include, but are not limited to:  Competency: demonstrated level of relevant knowledge, skills and abilities and training  Credentials: formal education degrees and certifications  Experience: job performance and relevant work history in comparable position(s)  Responsibility: authority, liability, or other responsibility not already considered in establishing the range for the position  Performance: performance of the duties and responsibilities of the position as documented in an annual performance evaluation  Any other relevant factor(s) that warrant consideration Placement on the salary range shall be at the discretion of the City Manager, except that such decision shall not be arbitrary or discriminatory. 3.3.1 Initial Placement upon Promotion In the event an employee is promoted from a non-management position to a management position, the employee shall be placed on the salary range for the management position in accordance with this plan. Incentive pay received by a bargaining unit employee prior to promotion shall be considered in respect to competency, credentials, and experience, but shall not be continued as incentive pay, except as specifically allowed for under this plan. 3.4 Individual Pay Changes The City Manager shall have the sole authority to approve changes in individual managers’ pay, provided the change does not result in more than a 6% increase in any one calendar year, and provided the salary remains within the approved pay range. In the event the City Manager wishes to increase any managers’ pay by more than 6%, the City Manager must consult with the Mayor and justify the reason(s) for the increase. In no case shall a change cause a manager’s pay to fall outside of the approved salary range for that position’s pay band. For example, if a manager is paid at the top of the approved salary range, he or she may not receive a pay increase until such time as the salary range is adjusted upward, substantive changes to the position warrant a change in pay bands, or other circumstances result in the decision of the city council to approve pay outside the approved salary range. 3.4.1 Market-driven pay changes When a salary survey conducted pursuant to this plan indicates that the pay range for positions in that pay band is significantly lower or higher than comparable positions in comparable cities, the pay range may be adjusted up or down accordingly. 8.C.b Packet Pg. 145 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 9 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 When the salary range for any individual position(s) within a band is significantly higher or lower than comparable positions in comparable cities, and other positions in the same pay band, the City Manager may propose moving a position from one pay band to another. 3.4.2 Performance-driven pay Individual salary changes will be based on the outcome of a bi-annual performance evaluation or goal setting session. To qualify for any performance-driven pay increase, the manager’s final, bi-annual performance evaluation must, at a minimum, be “fully satisfactory” or from the outcome of the goal setting session. However, receiving satisfactory ratings alone shall not be an automatic basis for a pay increase. In the event a manager’s performance falls below average or “need improvement,” the City Manager may reduce the manager’s pay. The City Manager shall be the sole grantor of pay changes for all managers, but the recommendation of the department director shall be considered prior to the City Manager making any pay changes for first or second tier managers. All performance-driven changes in pay must be specified in writing via the Personnel Action Form (PAF). 3.4.3 Part-time Employee Wages Each position is assigned a monthly salary range. Part-time employees will be paid based on the equivalent hourly rate of the monthly salary. The hourly rate is calculated by taking the monthly salary divided by 173.33 hours. 3.4.3 Timing Prior to January 1 each year, or following the completion of performance evaluations or goal setting sessions, whichever is later, the City Manager shall determine the amount of pay change, if any, to be made for each manager for the following calendar year. If performance evaluations or goal setting sessions are not completed prior to January 1, the City Manager may, in his or her judgment, opt to make pay changes retroactive to January 1 for some or all managers. 3.5 FLSA Exemption/Overtime Positions covered by this plan that are exempt under the Fair Labor Standards Act are not subject to, or eligible for, overtime compensation for hours worked in excess of 40 in a week or any specific amount in a given day. Exempt managers are paid on a monthly salary basis to perform the duties of their position and are not required, nor expected, to keep track of the number of hours they work except as noted in Section 5.4.5 Recordkeeping. Executive Management Team members are expected to work sufficient hours to complete their job duties in a timely manner and that they will generally be available during normal business hours. Exempt First Tier and Second Tier Managers are expected to be at work or on approved leave of absence from work for a combined total of no less 173.33 hours per month. Hours of work for a workday will be during normal business hours, typically 8:00 a.m. – 5:00 p.m. or as set by the City Manager. Being available by phone during normal work hours does not meet the expectation of being at work. Additionally, managers are expected to attend meetings, conferences and other functions appropriate to their work assignment, which may fall outside the typical “Monday through Friday, 8 to 5” schedule. 8.C.b Packet Pg. 146 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 10 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Non-exempt positions covered under this plan are eligible for overtime in accordance with the Fair Labor Standards Act and state law for hours actually worked in excess of 40 in a workweek. Non-exempt managers must submit an approved timesheet accounting for all hours worked. With supervisor approval, a non-exempt employee may elect to receive compensatory time (comp-time) in lieu of overtime pay as the form of compensation for any approved overtime worked. Comp-time shall accrue at a rate of 1-1/2 the overtime hours actually worked with accrual balances reflecting the number of hours available to the employee. Compensatory time may be accumulated to a maximum of 80 hours. At the end of the fiscal or calendar year, comp-time balances may be paid off, at the City’s option, at the employee’s straight-time hourly rate. 3.6 Appealing Pay Decisions If a manager believes that he or she is not paid fairly, he or she may challenge the City Manager’s decision to increase, decrease, or make no change to the Manager’s pay. Any challenge must be made, in writing, to the City Manager within 15 calendar days after notification of any decision about pay. The written challenge must contain the specific amount of pay the manager believes he or she should receive, and a clear explanation of why the manager believes the City Manager’s decision is unjust. The City Manager shall review the challenge and meet with the manager regarding the appeal before making a final decision. The City Manager’s decision shall be final. If a manager believes any decision is discriminatory based on race, color, gender, age, national origin, religion, sexual orientation, or other protected class, they should notify the Human Resources Director. 8.C.b Packet Pg. 147 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 11 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 4. Performance Evaluation 4.1 Bi-Annual Evaluation and Goal Setting Sessions The performance of all managers covered by this plan shall be evaluated at least bi-annually. Any performance-driven pay changes will be based on the outcome of an annual evaluation of the managers’ overall job performance or based on the goal setting session. The City Manager, or department director, in the case of a first or second tier manager, will take into consideration the manager’s self-evaluation as well as peer and/or staff evaluations in preparing the final performance evaluation. The results of the final evaluation must support any performance-driven pay change. 4.2 Self Evaluation The annual self-evaluation is an opportunity for the manager to expound on his or her goals and accomplishments during the evaluation period. The evaluator (City Manager or department director) will review the self-evaluation prior to evaluating the manager. The self-evaluation is to be completed and submitted to the evaluator on or before the date set by the evaluator, except that the manager shall be afforded not less than two weeks to complete and submit the self-evaluation. Goal Setting and Attainment: The self-evaluation will focus on goal setting and attainment, professional development, and overall contribution to the organization, and include, as an example, such information as: • Has the manager set and attained departmental and professional development goals, and do these goals serve to further the city’s’ strategic plan or City Mission and Values? • Has the manager kept up with the latest issues in their profession? • How has the manager contributed to the overall success of the organization? • How does the manager perceive his or her peers and subordinates to view the manager’s contribution to the organization/job performance? • A list of accomplishments for the year should be provided 4.3 Peer and Staff Evaluation The peer and staff evaluations will be conducted bi-annually prior to the bi-annual performance evaluation and will focus on cooperation and teamwork, integrity and respect, leadership, supervision, policy application, communication, responsiveness and the manager’s impact on the organization as perceived by peers, subordinates and others. Like the self-evaluation, the peer and staff evaluation results will not be used independently in the final evaluation, but rather, will be provided to the manager for use in the self-evaluation and to the City Manager/department director for incorporation into the final evaluation. 8.C.b Packet Pg. 148 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 12 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 4.4 Final Performance Evaluation The City Manager’s evaluation, or department director’s evaluation with the City Manager’s approval, will be the final, official performance evaluation and will be the instrument used to substantiate any performance-driven pay changes. The final evaluation will be based on the City Manager’s or department director’s own assessment of the manager’s job performance, taking into consideration the self-evaluation and peer and/or staff evaluation. The City Manager shall consult with the department director regarding all first and second tier manager evaluations and the department director shall defend his or her assessment of the manager’s performance and final evaluation rating(s) prior to the department director meeting with the manager about the evaluation. The City Manager’s signature on a Personnel Action Form approving a performance-based pay change shall serve as evidence of the City Manager’s concurrence with the department director’s evaluation of a first or second tier manager. 4.5 Evaluation Factors The evaluation factors used for the final performance evaluation will include the following, or variations thereof at the City Manager’s discretion: a. Job Knowledge and Job Performance How well has the manager demonstrated the knowledge, skills and abilities required to accomplish the assigned tasks and goals of their job? b. Integrity, Respect and Ethics How dependable is this manager in respect to honesty, follow through, fairness, accountability, respecting others, ethical standards, and adhering to City policies and collective bargaining agreements? c. Performance Management/Supervision and Administrative Duties How well does this manager manage the personnel aspect of his or her department? Are personnel matters dealt with appropriately and in a timely manner? Are meaningful and timely performance evaluations completed? Does the department head hold supervisors accountable? Is proper documentation maintained? Are timesheets turned in on time and correctly? Does this manager adequately account for his or her time? d. Leadership and Goals (city, department, professional) How well has this manager furthered the mission of the city and vision, values, goals and expectations of the organization, set and attained department goals, and set and attained professional goals? How do this manager’s peers and staff feel about his or her leadership ability and contribution to the organization? e. Commitment to Organization/Teamwork How well does this manager demonstrate a commitment to the organization and to teamwork, focusing on the whole organization as opposed to a department first focus? 8.C.b Packet Pg. 149 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 13 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 f. Commitment to Safety and Limiting Liability to the City How committed is this manager to employee and citizen safety as evidenced by training, type and frequency of injuries or incidents relative to the position/department? Do they give effort and commitment to reducing liability for the city, including following and applying policies and leading by example? g. Communication Does this manager effectively communicate with others? Are his or her interactions effective and appropriate? Are they responsive to staff and coworkers? Does he or she provide timely information; maintain cooperative business relationships; and is communication respectful, courteous and focused on the issue at hand? h. Problem Solving and Judgment How effectively and efficiently does the manager contribute to solving problems encountered by the organization as the organization works toward accomplishing its goals? i. Attitude, Motivation and Work Ethic How does this manager’s attitude, motivation and work ethic impact their job performance and overall contribution to the success of the city? j. Overall Overall, how well does this manager perform, taking into consideration the performance of the various duties and responsibilities of his or her job; their attendance as it relates to availability, participation and reliability; and their general conduct with respect to honesty, integrity, accountability, dependability, trust, teamwork and respect? 4.6 Evaluation Ratings The factors used in the determination of performance will be rated on a scale such as 3 = exceeds expectations, 2 = fully satisfactory, 1 = below average, and 0 = unacceptable. Each evaluation rating shall be supported by comments provided in the evaluation document. The final evaluation shall take into consideration the self-evaluation, peer and staff evaluation, department director’s assessment for first and second tier managers, and City Manager’s assessment, as well as any other source of input the City Manager deems appropriate to make the assessment. The City Manager may revise the evaluation criteria, provided that any substantive change in evaluation criteria be communicated to the managers. Managers should have completed evaluations of their own subordinate employees prior to their own evaluation being done. 4.7 Timeline Performance evaluations or goal setting sessions for managers are to be completed prior to December 31st. 8.C.b Packet Pg. 150 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 14 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 4.8 Unsatisfactory Performance In addition to being subject to a potential performance-driven pay decrease that year, any manager who receives a rating of below average or unacceptable in any factor on the final evaluation may be placed on a work plan for the purpose of improving performance. A work plan will normally be in the form of a written plan but, depending on circumstances, may be in the form of a documented verbal discussion at the time of the evaluation meeting. Except when circumstances warrant, a performance review will be scheduled not less than 45 days and not more than 180 days after receipt of the work plan, at which time the manager’s performance will be re-assessed. If improvement has been made, the manager may be deemed to have satisfactory performance, or a subsequent re-evaluation may be scheduled. Every effort will be made to assist the manager in making the necessary improvement to successfully perform the job duties. However, if the manager fails to improve after being given adequate time and resources for improvement, the manager may be subject to disciplinary action, up to and including termination. 4.9 Appealing Performance Evaluations The criterion established for performance evaluations is intentionally rigorous and designed to identify those who perform at, above, or below expectations. If a manager believes that he or she was not rated fairly in the evaluation, he or she may challenge the City Manager’s decision. Any challenge must be made, in writing, to the City Manager within 15 calendar days after receipt of the performance evaluation. The written challenge must contain the specific evaluation factor(s) being challenged and a clear explanation of why the manager believes the City Manager’s evaluation is unjust. The City Manager shall review the challenge and meet with the manager regarding the appeal before making a final decision. The City Manager’s decision shall be final. If a manager believes any decision is discriminatory based on race, color, gender, age, national origin, religion, sexual orientation, or other protected class, they should notify the Human Resources Director. 8.C.b Packet Pg. 151 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 15 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 5. Total Compensation Package 5.1 Salaries Salaries are determined by the position, individual qualifications, performance, and market comparison. The City Manager proposes the salary range for each pay band and determines which pay band positions or position classes will be assigned. The City Council shall approve the salary ranges and pay bands as part of the classification pay plan. All managers will receive pay in the form of monthly salary, which will be within the approved minimum and maximum set for the pay band. In addition to the pay outlined in Section 3 of this Plan, the total management compensation package will consist of other benefits as detailed below for all positions listed in Appendix A. 5.2 Additional Compensation 5.2.1 Health Reimbursement Arrangement The City has adopted the HRA VEBA standard plan offered and administered by the Voluntary Employee’s Beneficiary Association Trust for Public Employees in the Northwest. The standard plan shall be integrated with the City’s group medical plan and the City shall remit semi-month HRA-VEBA contributions on behalf of only eligible employees who are enrolled in or eligible to be enrolled in the City’s group medical plan but have opted out and have provided the City with certification of other group coverage. Contributions on behalf of each eligible manager shall be based on direct employer contributions. The amount of contribution to the HRA, until changed by way of adoption of revisions to this Plan, shall be $150.00 each pay period worked, contributed on a semi-monthly basis on behalf of eligible full-time managers. Part-time managers are eligible for 50% prorated contributions based on City’s group health insurance eligibility. See 5.3.1 Health Insurance for contributions based on health insurance tiered rate coverage. 5.2.2 Retirement: PERS The City will pay both the employer’s and employee’s contribution to the Oregon Public Employee Retirement System. 5.2.3 Deferred Compensation Managers will be allowed to take advantage of any “457” deferred compensation program offered by the City by having any or all monetary compensation contributed to such account(s), subject to I.R.S. rules. At the sole discretion of the City, the City may elect to implement any configuration of tax deferral, retirement, or “money purchase” plan and make contributions to such plans as an optional method of compensation. For example, in any given year, the City may elect to give pay increases in the form of a 457 contribution, or a contribution match of up to the maximum of 6%. Any option to make a contribution to such program(s) as a method of providing a pay increase will normally apply to all employees in a given group (executive team, Tier 1, Tier 2) covered under this Management Compensation Plan (not made on an individual basis). Any option to make matching contributions will require the manager to contribute to an account. Options described in this section may be used in lieu of, or in combination with, traditional salary increases. 8.C.b Packet Pg. 152 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 16 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Managers understand that any matching contributions will be contingent upon the manager contributing at least the amount of the match to their account and that the amount of total compensation received might be decreased if the manager does not contribute at least the amount of the proposed match. 401(a) The executive team members (City Manager, Police Chief, City Attorney, department directors, and City Recorder) are eligible to participate in the City’s 401(a) plan. Effective January 1, 2023, contributions of up to 2% of salary may be made by the manager with the City matching the manager’s contribution. Effective January 1, 2024, the manager’s maximum contribution and City match will increase to 3%. 5.2.4 Sign on Bonus At the sole discretion of the City Manager, a one-time sign on bonus of up to $7,500 may be offered at the time of recruitment for any management position. The decision to offer a sign on bonus shall normally be driven by difficulty in recruiting qualified applicants for a position, and industry expectations. The amount of the sign on bonus shall be at the discretion of the City Manager, except that the Human Resources Director shall be consulted. In the event a manager receives a sign on bonus and subsequently resigns from the position within two years of receiving the bonus, the bonus benefit amount shall be refunded to the City on a prorated basis as follows: Less than 6 months of service 100% refunded to city 6 months to 1 year of service 75% refunded to the city 1 year to 2 years of service 50% refunded to the city The manager will be required to sign a sign on bonus agreement stipulating to this reimbursement arrangement as a condition of employment. Under certain circumstances, the City Manager may elect to not institute the reimbursement provision of this section of the Plan. 5.2.5 Relocation Assistance At the sole discretion of the City Manager, relocation assistance may be negotiated during the job offer phase of hiring a new manager from out of the area. Only those individuals who meet the following criteria shall be eligible to negotiate relocation assistance: 1) must be relocating from more than 50 miles away, 2) must be relocating to at least within 50 miles of Central Point, and 3) must be relocating a distance of at least 50 miles. Up to $5,000 relocation assistance may be offered to an individual who relocates to within the city limits or Urban Growth Boundary (UGB) of Central Point. A new manager relocating to an area outside of the Central Point city limits or UGB may be offered a maximum of $2,500. In the event a manager negotiates relocation assistance and subsequently resigns from the position or is terminated for cause within two years of receiving the assistance, the assistance benefit amount shall be refunded to the city on a prorated basis as follows: Less than 6 months of service 100% refunded to city 6 months to 1 year of service 75% refunded to the city 1 year to 2 years of service 50% refunded to the city 8.C.b Packet Pg. 153 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 17 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Refunding of relocation assistance shall apply only in the event of a voluntary resignation or termination for cause. Additionally, if relocation assistance is provided to relocate within the Central Point city limits or UBG and, within 2 years, the manager subsequently moves from the City limits or UGB but remains in their management position, any amount of relocation assistance paid in excess of $2,500 shall be refunded to the City using the above pro rata scale. The manager will be required to sign a relocation assistance agreement stipulating to this reimbursement arrangement as a condition of employment. Under certain circumstances, the City Manager may elect to not institute the reimbursement provision of this section of the Plan. 5.2.6 Police Management Fitness Incentive The Police Management Fitness Incentive Program is based on the fundamental belief that an active lifestyle is likely to increase productivity, optimize health and decrease absenteeism while maintaining a higher level of readiness. The goal is to motivate sworn members of the police administrative team to prepare for and participate in an approved physical fitness assessment designed to measure both aerobic conditioning and muscular strength. Fitness testing is offered two times per year. Police Lieutenant and Police Captain who successfully complete the semi-annual fitness testing are eligible for the Fitness Incentive. The incentive is 1% of the average hourly salary for all employees in that position, times 1040 hours, and rounded to the nearest dollar. The Fitness Incentive is paid out in January and July. Employees who do not participate or do not pass are not eligible for the Fitness Incentive. 5.2.7 Gym/Weight Management membership reimbursement. The City will reimburse managers up to thirty-five dollars ($35) per month towards membership in a recognized fitness club, weight loss program, or City of Central Point Recreation health/fitness program they are actively participating in. The City has the sole discretion in determining which clubs/programs it will reimburse. Reimbursements will be made quarterly through payroll provided itemized receipts are received within six months. 5.2.8 Assistant City Manager Assignment. A manager designated as Assistant City Manager shall receive up to 10% assignment pay above their current base wage for the duration of the assignment. 5.3 Non-Monetary Benefits In addition to the monetary compensation outlined in this plan, eligible managers shall receive the following benefits. All benefits will be taxed in accordance with applicable Internal Revenue Service (IRS) regulations. 5.3.1 Health Insurance The City will pay 100% of the cost of Employee Only coverage and 90% of the difference between the cost of the insurance selected and Employee Only coverage. Managers who are “part-time without benefits” are not eligible for health insurance. Employees electing employee only coverage will receive an additional semi-monthly HRA-VEBA contribution of $150.00; employee and spouse coverage will receive $62.50; employee plus one child will receive $82.50 and employee and child(ren) will receive a $30.00 semi-monthly contribution to HRA-VEBA. Managers electing family coverage will not receive an additional contribution to HRA-VEBA. The City reserves the right to adjust these contribution amounts in the event health insurance premiums increase or decrease greater than 10%. 8.C.b Packet Pg. 154 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 18 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Where feasible, health insurance cost savings measures will be implemented. In the event any cost savings measures result in coverage that is less than comparable to current coverage, managers will be notified as early as possible of the change and given the opportunity to propose an alternative to the cost savings measure. Proposed alternatives must be presented, in writing, within 45 calendar days of the notice. The City shall maintain the sole right to implement or reject any proposed changes. 5.3.2 §125 Flexible Spending Account The City offers an IRS Section 125 plan for the purpose of allowing the employee contribution toward health insurance premiums to be a tax free deduction. Additionally, managers will have the opportunity to participate in a flexible spending account to use pre-tax dollars for dependent and health care expenses pursuant to I.R.S. regulations. 5.3.3 Life Insurance The city will pay the premium on a group term life insurance policy in the amount of the annual base salary to a maximum of $100,000 for managers meeting the eligibility requirement of the insurance carrier. The manager shall have the option of purchasing, at their own expense, additional life insurance for themselves and/or family members pursuant to the insurance policy provisions. 5.3.4 Long Term Disability The city will pay the premium on a long term disability policy with a 90 day elimination period that provides a benefit of 66-2/3% of base salary, up to a maximum of $3,000 per month for managers meeting the eligibility requirements of the insurance carrier. 5.3.5 Cell Phone Allowance A monthly stipend may be paid to managers who are required to be available by phone while away from the office or outside of business hours, in accordance with city policy. Managers who elect to use a City-owned cell phone are not eligible for a stipend. 5.3.6 Use of Car At the sole discretion of the City Manager, the use of an assigned City vehicle may be negotiated for a manager. Any such use shall be based solely on appropriateness for the position, and subject to applicable I.R.S. rules. 5.3.7 Air Miles and Other Purchase-Related Benefits Although managers are issued purchasing cards for making authorized, work-related purchases, it is understood that, occasionally, under certain limited circumstances, the use of a personal purchasing card for making work-related purchases may be warranted. The use of personal cards for work-related purchases shall be infrequent. A manager shall be entitled to any benefits or rewards, such as air miles, hotel points or cash back, associated with work related purchases and such benefits or rewards shall be considered part of the managers’ salary and compensation. 5.3.8 Use of City Resources The use of City resources on a limited and occasional basis shall be considered part of the manager’s total salary and compensation. Examples of such use may include photocopiers, printers, computers, tablets, phones and other technology, provided such use does not violate the City’s acceptable use policy. Additionally, except for items such as portable information technology (i.e., laptop, iPad, etc.) such use of city resources shall not include taking items off City premises (i.e., this provision does not allow for taking tools or equipment home). 8.C.b Packet Pg. 155 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 19 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 5.3.9 City sponsored events The City sponsors community events such as the Wild Rogue Pro Rodeo and BOOM Fest. Gifts such as event tickets, special seating, prizes, etc. that are given from the event organizer to the City may be accepted by the manager and are considered part of their official compensation package per ORS 244.040 (2) (a) and City of Central Point Resolution No. 1450. 5.3.10 Travel, Training and Education Expenses Managers are covered by city policy regarding travel, training and tuition reimbursement, and such reimbursements are taxed in accordance with IRS rules. Furthermore, it is understood that managers attending training or conferences may receive training materials, training aids, devices, gifts, prizes, etc. Managers shall be allowed to personally keep such materials provided to, or received by, attendees at training, conferences, or courses paid for or reimbursed by the City as part of the manager’s total salary and compensation. 5.4 Paid Time Off The City recognizes the importance of time away from work for personal lives, and believes managers should receive paid time off for certain holidays, vacations, personal time, and for when they are unable to come to work due to illness or injury. To this end, managers shall be granted time off under the following provisions. 5.4.1 Paid Legal Holidays Except as otherwise specified in 5.4.1(a) and (b), managers shall receive the following holidays off without loss of pay. New Year’s Day Juneteenth Thanksgiving Day Martin Luther King Jr. Birthday Independence Day The day after Thanksgiving President’s Day Labor Day Christmas Eve Memorial Day Veteran’s Day Christmas Day Two Floating Holidays Legal holidays and floating holidays are eight (8) hours. One floating holiday will accrue on January 1 and one will accrue on July 1. Floating holidays must be used in the calendar year in which they accrue. Unused floating holidays will be lost each year and will not “roll” from one calendar year to the next and will be forfeited. Except for floating holidays, if the holiday falls on a Saturday, the preceding Friday will be the paid day off unless that Friday is already a paid holiday, then the following Monday will be the paid day off. If the holiday falls on a Sunday, the following Monday will be the paid day off unless that Monday is already a paid holiday, then the previous Friday will be the paid day off. Managers working a 4-10 schedule shall use two (2) hours of other leave which may be vacation, comp time, management leave, or floating holiday to “make-up” the two hours. A manager may not flex their schedule to avoid using two hours of other leave. If a manager chooses to or is required to work on a holiday, no additional compensation shall be granted. 8.C.b Packet Pg. 156 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 20 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 5.4.1(a) Part-time managers covered under this plan shall receive legal holidays and floating holidays on a prorated basis. 5.4.1(b) Non-exempt full time police lieutenants shall receive 112 holiday bank hours in lieu of receiving the above holidays off. The holiday accrual bank shall be credited in a lump sum twice each year with 56 hours accruing on January 1 and 56 hours accruing on July 1. Holiday bank hours must be used within 12 calendar months of accrual or the hours will be forfeited. Holiday bank hours shall not accrue beyond 112 hours at any one time for any reason. If a manager’s holiday bank hours are greater than 56 hours on January 1 or July 1, the number of hours added to the bank shall be such that the total is not more than 112 hours. No payment will be made for the loss of any hours due to failure to use them within the 12 calendar month limit. Whenever practicable, non-exempt, full time managers who accrue holiday bank hours under this provision are expected to use holiday bank hours on paid holiday dates as described in this section. The 112 hours of holiday bank is equivalent to the 12 paid holidays and 2 floating holidays provided to other full-time managers covered under this plan. 5.4.2 Paid Vacation The City encourages managers to take time off occasionally for vacations away from work. It is expected that managers will, at a minimum, take at least one week of vacation each year in a block of at least one full workweek. Executive Management Team members’ notice of the intent to take vacation shall be submitted to the City Manager as far in advance as practicable, and shall be noted on the City’s “Department Head Vacation Calendar.” First and second tier managers shall submit notice of the intent to take vacation to the department head as far in advance as practicable. Vacation accrual for full time managers shall be as follows, except that the City Manager may, at his or her sole discretion and when circumstances warrant it, place a manager on the accrual chart at any level. 1st through 4th year of service (0-48 months) 10 days (80 hours) 5th through 8th year of service (49-96 months) 15 days (120 hours) 9th through 12th year of service (97-144 months) 20 days (160 hours) 12+ years of service and beyond (145+ months) 25 days (200 hours) On the anniversary of the 15th year of service On the anniversary of the 20th year of service a one-time award of 5 additional days (40 hrs) a one-time award of 5 additional days (40 hrs) On the anniversary of the 25th year of service a one-time award of 5 additional days (40 hrs) On the anniversary of the 30th year of service a one-time award of 5 additional days (40 hrs) The maximum vacation accrual for any manager at any time shall be 25 days (200 hours) per year. Vacation shall be allowed to accrue to a maximum of two times the annual accrual rate, but in no case shall accrual be more than 400 hours. Additional awards for longevity shall be counted in the maximum accrual. Vacation will be paid out at the time of separation. Managers will be allowed to sell back unused vacation hours in accordance with current City policy. Employees who are promoted from within City service into a management position under this management compensation plan shall have their years of service with the City count toward their vacation accrual in the manager position. One-time longevity awards shall only be awarded for 8.C.b Packet Pg. 157 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 21 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 current service milestones. For example, a 23-year employee who is promoted into a position covered by this Management Compensation Plan shall be eligible for the 25-year award at 25 years of service, but would not be awarded a 20 year award retroactively. Managers that go into an unpaid status or utilize Paid Leave Oregon shall have their vacation accrual prorated based on hours in a City paid status. Part-time managers covered under this plan shall accrue vacation on a prorated basis. 5.4.3 Sick Leave Full-time managers shall accrue four hours of sick leave for each pay period worked. Sick leave shall be allowed to accrue without limit. Except as provided for in a current City policy or separation agreement, unused sick leave hours shall not be compensated at separation, but will be reported to PERS. Part-time managers covered under this plan shall accrue paid sick leave on a prorated basis. Managers that go into an unpaid status or utilize Paid Leave Oregon shall have their sick leave accrual prorated based on hours in a City paid status. HRA-VEBA Contribution of annual unused sick leave Annual unused sick leave shall be contributed to the HRA-VEBA accounts of employees who are OPSRP Oregon PERS plan members and have a sick leave bank balance greater than 520 hours. Annual sick leave (96 hours) may be accrued and used, but any unused annual sick leave remaining on December 31 of each year shall be paid at 50% of employee’s base wage rate on December 31st, provided the minimum 520 sick hours remain on the books following the sellback. Payment pursuant to this paragraph shall be made to the employee’s account in the HRA-VEBA trust on the second payroll of January. 5.4.4 Management Leave It is recognized that full-time, exempt managers covered by this plan are compensated on a salary basis and do not receive additional compensation for meetings, travel and work outside of the “regular work week.” However, in recognition of the additional time commitments of exempt managers, each exempt manager shall receive 56 hours of Management Leave annually on July 1. Management leave must be used within one year of being received. Any management leave remaining on June 30 will be forfeited. Management leave accrual shall be prorated for new managers. 5.4.5 Record Keeping FLSA non-exempt employees are required to submit a timely timesheet, signed by their supervisor, that accurately reflects their hours worked and leaves taken during each pay period. Although exempt managers are not required to keep track of their hours worked for the purpose of pay, they are required to keep track of their use of accrued or banked leaves and submit a timely leave report, signed by their supervisor, that accurately reflects leaves used during each pay period. 5.5 Changes in Benefits upon Moving to a Management Position Managers shall only receive benefits that are afforded to management employees under this management compensation plan or approved City personnel policy(s). At any given time, an employee shall only have accrued time “on the books” that other employees in the same employee group accrue. 8.C.b Packet Pg. 158 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 22 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 When an employee changes from a bargaining unit position to a management position, all accrued compensatory time and, if applicable, holiday bank time shall be paid out at the previous hourly rate at the time of the change and in accordance with the applicable bargaining agreement or policy. An employee changing to a non-exempt management position shall be allowed to accrue comp time in lieu of overtime in accordance with the provisions of this plan, but shall enter the position with a zero balance of accrued comp time. An employee changing to a non-exempt Lieutenant position shall accrue holiday bank leave in accordance with the provisions of this plan, but shall not be allowed to exceed the holiday bank hours caps described in this plan. 5.6 Application of this Plan and City Policies Managers are covered by and expected to follow all City policies. Where City policy and the Management Compensation Plan differ, the Management Compensation Plan shall be applied except that where the Management Compensation Plan is silent on a benefit that is provided for in a current City policy, the policy shall apply. 8.C.b Packet Pg. 159 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 23 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 6. Comparable Market Defined The cities selected for the market comparison shall be determined at the time any market survey is done based on criteria set forth in this document. The “comps” may vary from year to year as a city may meet the criteria one year but not the next, or a city that did not meet the criteria one year may meet it the next. 6.1 Defining the Market The criteria for market comparables will be: a. Oregon cities with a population of between 9,900 and 30,000, based on the most recent Portland State University population estimate (this criterion is based on current Central Point population of 19,700 as of July 1, 2021 and would be adjusted for population changes); b. Located within a metropolitan area of at least 100,000; c. Median housing prices within 25% of Central Point’s median housing prices at the time of the survey. d. If in any year an inordinately large or insufficient number of cities meet these criteria the median housing range may be reasonably adjusted up or down. 6.2 Additional Considerations Additionally, to the extent practical, the total compensation package, including monetary compensation and monetary and non-monetary benefits such as PERS contributions, health insurance premium sharing and out of pocket expense, HRA contributions, and paid leaves, should be considered in determining the relative comparability of the cities meeting the market comparables criteria. Within the cities that meet the above criteria, only those positions that are legitimately analogous will be compared. Criteria to determine the comparability of positions will include, but not necessarily be limited to, the following: a. Reporting structure (both up and down) b. Scope of position as set forth in the position description c. Department budget The City will make every effort to obtain compensation information from comparable cities. However, it is understood that obtaining such information is dependent upon the cooperation of the surveyed cities. Where survey information is not provided, the City will attempt to gather the information from other sources in an effort to fairly determine appropriate salary ranges for City of Central Point management positions. 8.C.b Packet Pg. 160 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 24 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Section 7. Conclusion The goal of this management compensation plan is to fulfill the various functions for which it was created:  To align management compensation for the City of Central Point with the mission and goals of the City.  To incentivize exceptional performance of managers.  To move toward meeting the wishes of the City Council and the needs of the managers, who have indicated a preference for a performance-based pay plan to that of an entitlement-based plan.  To lay the foundation for incorporating pay for performance organization-wide. The City of Central Point, although more than 125 years old, is in the growth phase of the organizational life cycle. We are refining policies and procedures and making changes where change is needed in order to move forward as an organization. The recent economic climate placed the City in a position of having to do more with less year after year. As the economy rebounds and begins to grow again, the efficiency and exceptional performance encouraged and rewarded by this Plan will continue to contribute to the City’s prosperity. This compensation plan is NOT A CONTRACT or bargained agreement. This plan and the salary and benefits outlined herein may be changed at any time with approval of the City Council. 8.C.b Packet Pg. 161 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 25 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Appendix A Salary Schedule for management positions effective July 1, 2023 Remove Building Division Manager and add Building Director and add Special Projects Manager/Rehired Retiree Band Tier Position Minimum Maximum C C1 Human Resources Assistant (non-exempt) $3,900 $4,862 R ET City Recorder $5,616 $7,730 I T2 Parks & Public Works Supervisor $5,919 $8,147 I T2 Police Office Manager $5,919 $8,147 I T1 Finance Supervisor $5,919 $8,147 I T1 Recreation Manager $5,919 $8,147 I T1 Safety & Risk Manager $5,919 $8,147 I T1 Construction Services Supervisor $5,919 $8,147 II T1 Parks & Public Works Operations Manager $7,102 $9,418 II T1 Principal Planner $7,102 $9,418 III ET Director (Information Technology, Finance, Human Resources, Planning, and Building) $7,898 $11,378 IV ET Director (Parks & Public Works) $9,518 $12,424 IV ET City Attorney $9,518 $12,424 A A1 Special Projects Manager /Rehired Retiree $3,900 $12,424 Police Band Tier Position Minimum Maximum PI T2 Police Lieutenant (non-exempt) $7,102 $9,418 PII T1 Police Captain $7,499 $10,804 PIII ET Police Chief $9,518 $12,424 8.C.b Packet Pg. 162 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) Page | 26 City of Central Point - Management Compensation Plan 07/2023 revised Council Resolution #____ - 06/22/2023 Appendix A Salary Schedule for management positions effective January 1, 2024 Cost of Living Adjustment 2.5% to the minimum salary and 5% to the maximum salary. (Police Captain salary equivalent to EIII) Band Tier Position Minimum Maximum C C1 Human Resources Assistant (non-exempt) $3,998 $5,106 R ET City Recorder $5,757 $8,117 I T2 Parks & Public Works Supervisor $6,067 $8,555 I T2 Police Office Manager $6,067 $8,555 I T1 Finance Supervisor $6,067 $8,555 I T1 Recreation Manager $6,067 $8,555 I T1 Safety & Risk Manager $6,067 $8,555 I T1 Construction Services Supervisor $6,067 $8,555 II T1 Parks & Public Works Operations Manager $7,280 $9,889 II T1 Principal Planner $7,280 $9,889 III ET Director (Information Technology, Finance, Human Resources, Planning, and Building) $8,096 $11,947 IV ET Director (Parks & Public Works) $9,756 $13,046 IV ET City Attorney $9,756 $13,046 A A1 Special Projects Manager/Rehired Retiree $3,998 $13,046 Police Band Tier Position Minimum Maximum PI T2 Police Lieutenant (non-exempt) $7,280 $9,889 PII T1 Police Captain $8,096 $11,947 PIII ET Police Chief $9,756 $13,046 “T1” = Tier 1 Manager, “T2” = Tier 2 Manager, “ET” = Executive Management Team “A1” = Based on Assignment, “C1” = Confidential employee This compensation plan is NOT A CONTRACT or bargained agreement. This plan and the salary and benefits outlined herein may be changed at any time with approval of the City Council. 8.C.b Packet Pg. 163 At t a c h m e n t : M C P P r o p o s e d f o r 0 7 0 1 2 3 ( 1 7 0 2 : R e s o l u t i o n N o . _ _ _ _ A R e s o l u t i o n A p p r o v i n g t h e 2 0 2 3 R e v i s e d M a n a g e m e n t C o m p e n s a t i o n P l a n ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Human Resources FROM: Elizabeth Simas, Human Resources Director MEETING DATE: June 22, 2023 SUBJECT: A Resolution Approving the July 1, 2023 – June 30, 2024 Classification Pay Plan ACTION REQUIRED: Resolution RECOMMENDATION: Approval BACKGROUND/HISTORY: The Council is asked to approve the Classification Pay Plan with any revisions from the prior approved plan. The proposed, revised pay plan reflects changes for all employee groups since the last pay plan approved by Council on November 17, 2022. The following changes are being proposed to the Classification Pay Plan: · Part A of the pay plan (General Service Bargaining Unit) - No wage changes. · Addition of Sweeper/Equipment Operator · Addition of Lead Equipment Mechanic · Part B of the pay plan (Police Bargaining Unit) - No change, the City is currently in negotiations with the Police Bargaining Unit. · Part C of the pay plan (management/non-represented) · Replacement of Building Division Manager to Building Director · Addition of Special Projects Manager/Rehired Retiree The Council is asked to approve the 2023-2024 Classification Pay Plan with any revisions from the prior approved plan. RECOMMENDATION: Motion to approve Resolution______, A Resolution approving the 2023-2024 Revised 8.D Packet Pg. 164 Classification Pay Plan. ATTACHMENTS: 1. 2023-4 Classification Pay Plan Resolution 062223 2. 2023-4 Pay Plan 062223 8.D Packet Pg. 165 RESOLUTION NO. ____ A RESOLUTION APPROVING THE REVISED JULY 1, 2023 – JUNE 30, 2024 CLASSIFICATION PAY PLAN RECITALS: 1. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to approve rules relating to personnel matters. 2. Policy #3.06.2 of the Personnel Policies and Procedures provides that the Council shall, by resolution, adjust the salaries and rates of compensation and benefits for all City officers and employees. The City Council deems it to be in the best interest of the City to make revisions thereto. The City of Central Point resolves as follows: The Classification Pay Plan for bargaining unit and management employees, as attached, is hereby ratified and approve. Passed by the Council and signed by me in authentication of its passage this _____ day of June, 2023. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.D.a Packet Pg. 166 At t a c h m e n t : 2 0 2 3 - 4 C l a s s i f i c a t i o n P a y P l a n R e s o l u t i o n 0 6 2 2 2 3 ( 1 7 0 5 : A R e s o l u t i o n A p p r o v i n g t h e J u l y 1 , 2 0 2 3 – J u n e 3 0 , 2 0 2 4 C l a s s i f i c a t i o n Part A: General Service Bargaining Unit Positions (hourly) (monthly) Schedule Effective 7/1/22 - 6/30/24 Revised 07/01/23 Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G Grade 2-3 GS2-3 18.78 122 Utility Laborer*3,256 Grade 2-3 GS2-3 18.78 19.72 20.71 21.75 22.84 23.98 100 Office Assistant 3,256 3,419 3,590 3,770 3,959 4,157 Grade 4 GS4 20.50 21.53 22.61 23.74 24.93 26.18 101 Account Clerk: Finance/Public Works 3,554 3,732 3,920 4,115 4,322 4,538 102 Community Development Specialist 103 Parks Maintenance Worker 104 Recreation Specialist 105 Utility Worker Grade 5 GS5 21.93 23.03 24.18 25.39 26.66 27.99 29.39 106 Assistant Engineering Technician 3,802 3,992 4,192 4,401 4,622 4,852 5,095 107 Customer Service Technician 108 Equipment Maintenance/Fab. Technician 109 Planning Technician 110 Recreation Programs Coordinator 111 Senior Utility Worker 131 Sweeper/Equipment Operator Grade 6 GS6 24.30 25.52 26.80 28.14 29.55 31.03 32.58 112 Acctg/Business Services Coordinator 4,212 4,424 4,646 4,878 5,122 5,379 5,648 113 Utility Maintenance Lead 114 Recreation Coordinator: Special Events/Mktg 123 Stormwater/Erosion Control Tech 125 Arborist 126 Engineering Tech I 127 Accountant - Payroll 130 Lead Equipment Mechanic Grade 7 GS7 26.79 28.13 29.54 31.02 32.57 34.20 35.91 115 Community Planner I 4,644 4,876 5,121 5,377 5,646 5,928 6,225 116 Foreman: Streets, Water 117 Park Planner 124 Facility Management Coordinator 128 Sr. Accountant Grade 8 GS8 29.97 31.47 33.04 34.69 36.42 38.24 40.15 118 Community Planner II 5,195 5,455 5,727 6,013 6,313 6,629 6,960 119 Construction Management Coordinator 120 Environmental Services/GIS Coordinator Grade 9 GS9 31.47 33.04 34.69 36.42 38.24 40.15 42.16 129 Community Planner III 5,455 5,727 6,013 6,313 6,629 6,960 7,308 121 Information Technology Specialist Grade 10 GS10 33.26 34.92 36.67 38.50 40.43 42.45 44.57 Vacant 5,766 6,053 6,357 6,674 7,008 7,358 7,726 Classification Pay Plan Effective July 1, 2023 N/A N/A N/A 8.D.b Packet Pg. 167 At t a c h m e n t : 2 0 2 3 - 4 P a y P l a n 0 6 2 2 2 3 ( 1 7 0 5 : A R e s o l u t i o n A p p r o v i n g t h e J u l y 1 , 2 0 2 3 – J u n e 3 0 , 2 0 2 4 C l a s s i f i c a t i o n P a y P l a n ) Approved _____ by Council Resolution #____ Part B: Police Bargaining Unit Positions Schedule Effective 7/1/22 Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G 200 Police Support Specialist P110 3,612 3,793 3,983 4,182 4,391 4,611 4,842 201 Community Services Officer P117 3,833 4,025 4,226 4,437 4,659 4,892 5,137 202 Police Officer P145 4,913 5,159 5,417 5,688 5,972 6,271 6,585 203 Corporal P150 5,434 5,706 5,991 6,291 6,606 6,936 7,283 Part C: Non-Bargaining Unit, Management Positions Schedule effective 7/1/23 Monthly Position#Classification Title Grade Minimum -Maximum 002 Human Resources Assistant (non-exempt)C 3,900 -4,862 501 City Recorder R 5,616 -7,730 500 Finance Supervisor I 5,919 -8,147 502 Recreation Manager I 5,919 -8,147 503 Parks & Public Works Supervisor I 5,919 -8,147 507 Police Office Manager I 5,919 -8,147 517 Safety & Risk Manager I 5,919 -8,147 518 Construction Services Supervisor I 5,919 -8,147 504 Parks & Public Works Operations Mgr II 7,102 -9,418 506 Principal Planner II 7,102 -9,418 511-514 & 520 Department Director (PLAN, FIN, HR, IT, BLDG)III 7,898 -11,378 515 Parks & Public Works Director IV 9,518 -12,424 519 City Attorney IV 9,518 -12,424 521 Special Projects Manager/Rehired Retiree A 3,900 -12,424 508 Police Lieutenant (non-exempt)P-I 7,102 -9,418 509 Police Captain P-II 7,499 -10,804 510 Police Chief P-III 9,518 -12,424 8.D.b Packet Pg. 168 At t a c h m e n t : 2 0 2 3 - 4 P a y P l a n 0 6 2 2 2 3 ( 1 7 0 5 : A R e s o l u t i o n A p p r o v i n g t h e J u l y 1 , 2 0 2 3 – J u n e 3 0 , 2 0 2 4 C l a s s i f i c a t i o n P a y P l a n ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: City Attorney FROM: Sydnee Dreyer, City Attorney MEETING DATE: June 22, 2023 SUBJECT: Discussion Only - Gambling Ordinance ACTION REQUIRED: Information/Direction RECOMMENDATION: None Forwarded BACKGROUND INFORMATION: Recently, city staff has been asked to review the city’s gambling ordinance, Chapter 9.32, to advise as to what sorts of games are prohibited in city limits and whether there are exceptions for social games played for example in a club house or personal residence, for minimal buy-in, little financial reward, including games of poker, bingo, etc. Under CPMC Chapter 9.32, gambling or visiting/frequenting a gambling place are prohibited. “Gambling” is not defined but reference is made to state statute. Gambling is defined in ORS 167.117(7) as: (7) “Gambling” means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the control or influence of the person, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. “Gambling” does not include: *** (b) Engaging in contests of chance under the following conditions: (A) The contest is played for some token other than money; (B) An individual contestant may not purchase more than $100 worth of tokens for use in the contest during any 24-hour period; (C) The tokens may be exchanged only for property other than money; (D) Except when the tokens are exchanged for a beverage or merchandise to be consumed on the premises, the tokens are not redeemable on the premises where the contest is conducted or within 50 miles thereof; and (E) Except for charitable, fraternal or religious organizations, no person who conducts the contest as owner, agent or employee profits in any manner from operation of the contest. (c) Social games. (d) Bingo, lotto or raffle games or Monte Carlo events operated in compliance with ORS 167.118, by a charitable, fraternal or religious organization licensed pursuant to 9.A Packet Pg. 169 ORS 167.118, 464.250 to 464.380 and 464.420 to 464.530 to operate such games. Social games are defined as: (a) A game, other than a lottery, between players in a private home where no house player, house bank or house odds exist and there is no house income from the operation of the social game; and (b) If authorized pursuant to ORS 167.121, a game, other than a lottery, between players in a private business, private club or place of public accommodation where no house player, house bank or house odds exist and there is no house income from the operation of the social game. Cities may adopt ordinances allowing “social games” in private businesses, clubs or other places of public accommodation. ORS 167.121. In the event such ordinances are adopted they can provide for licensing of such social gaming establishments. Here, the City’s code does not address social games, as such, social games which take place in a private business, club or other place of public accommodation are not permitted in city limits. However, the City’s code would not prohibit such games played in a private home where there is no house player, house bank or house odds. An example of a social gaming ordinance is in the Medford Municipal Code 8.180 which provides: “Social gaming as authorized by state law, is permitted subject to the following restrictions: (1) No person may participate in social gaming other than a player as defined by ORS 167.117(16). (2) No person may act as “house player” or “house bank.” (3) All games shall be conducted without house odds. (4) No house income may be generated from the operation of the social game. (5) The person responsible for the premises where social gaming occurs shall not permit any individual who is visibly intoxicated to participate in social gaming. (6) No person under the age of 18 shall be permitted to participate in a social game or to enter or remain upon the premises where social games are being played.” Other Oregon cities such as Phoenix, Bend and Portland also allow social games subject to certain licensing requirements in some cases, and/or zoning restrictions in others. FINANCIAL ANALYSIS: LEGAL ANALYSIS: With the exception of games of chance conducted in a private residence with no house income or house odds, games of chance played in a public facility such as a rec. room, business or club are currently not permitted. In order to allow, for example, a group of individuals to organize a 9.A Packet Pg. 170 low-key poker or bingo game the city would need to adopt an ordinance allowing social gaming. Such an ordinance could also theoretically extend to the establishment of a more formal poker club in city limits. COUNCIL GOALS/STRATEGIC PLAN ANALYSIS: Community Culture GOAL 2 - Create opportunities for all segments of the population to enjoy Central Point places and events. STRATEGY 1 – Plan events to accommodate and welcome people of all socio-economic status and ability levels. (In other words, disabilities and hardship should not prevent our citizens from enjoying these events. All are welcome). STAFF RECOMMENDATION: Staff is looking for direction from council as to whether there is any interest in investigating and potentially adopting a social gaming ordinance. RECOMMENDED MOTION: None required. 9.A Packet Pg. 171