HomeMy WebLinkAbout2023-07-13 City Council - Full Agenda-1270
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, July 13, 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
Next Res() Ord ()
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 22, 2023 City Council Minutes
B. Citizens Advisory Committee Appointment
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Ordinace for 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. Ordinance Approving Amendments to Central Point Zone Map on 1.62 acres of
property identified on the Jackson County Assessor’s Map as 37S 2W 03CA, Tax
Lot 1500. (Gindlesperger)
C. Ordinance Regulating Camping on Public Property (Dreyer)
D. Resolution Ratifying the Police Collective Bargaining Agreement and updated
Classification Pay Plan (Simas)
E. A Resolution of Intent to Initiate Boulder Ridge Street Vacation (Dreyer)
VIII. BUSINESS
A. Discussion of Medford Water Commissions Water Curtailment Plan (Samitore)
B. Discussion Only - Gambling Ordinance (Clayton)
IX. MAYOR'S REPORT
X. CITY MANAGER'S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION ORS 192.660(2)(e) Negotiate real property transactions.
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Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1015 (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
Oregon
City Council Meeting Minutes
Thursday, June 22, 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
Attendee Name Title Status Arrived
Hank Williams Mayor Present
Neil Olsen Ward I Present
Kelley Johnson Ward II Remote
Melody Thueson Ward III Present
Taneea Browning Ward IV Absent
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Police Chief Scott Logue; Finance Director Steve Weber; Human Resources Director
Elizabeth Simas; Planning Director Stephanie Holtey; Planner Justin Gindlesperger; City
Recorder Rachel Neuenschwander
IV. PUBLIC COMMENTS
Mr. Todd, a citizen living outside of city limits, is concerned about camping alongside the
roads outside of city limits. City Manager Chris Clayton responded to Mr. Todd's
concerns that the Central Point Police Department will get him the contact information of
who at the County he would need to address these concerns to.
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
A. Approval of June 8, 2023 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
A. Ordinace for 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.
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
2
2
,
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 22, 2023
Page 2
City Attorney Sydnee Dreyer read the Quasi-Judicial Hearing Statement and
confirmed there were no conflicts or biases from the Council; Planner Justin
Gindlesperger presented 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. 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 required to provide commercial space 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.
Scott Sinner from Sinner Consulting addressed the council regarding the applicant's
plan of developing the property located at 37S 2W 03CA, Tax Lot 1500.
Council had concerns over entering and exiting the development and a pedestrian
path that was part of the Master Plan.
Mr. Sinner addressed these concerns and explained to the council where the
entrance and exit and the pedestrian path are in the plans.
Public hearing was closed.
Michael Parsons moved to forward the Ordinance approving amendments
to Central Point Comprehensive Plan Map to a second reading at the July
13, 2023 Council Meeting.
RESULT: 1ST READING [UNANIMOUS]
Next: 7/13/2023 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
B. Ordinance Approving Amendments to Central Point Zone Map on 1.62 acres of
property identified on the Jackson County Assessor’s Map as 37S 2W 03CA,
Tax Lot 1500.
City Attorney Sydnee Dreyer read the Quasi-Judicial Hearing Statement and
confirmed there were no conflicts or biases from the Council; Planner Justin
Gindlesperger presented a Minor Zone Map Amendment on 1.62-acre property
identified on the Jackson County Assessor's Map as 37S 2W 03CA, Tax Lot 1500.
The development of the subject property was considered during the approval of the
Twin Creeks Master Plan, which includes an 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 that the proposed map amendment
would not generate additional impacts on transportation facilities.
Scott Sinner from Sinner Consulting addressed the council regarding the applicant's
plan of developing the property located at 37S 2W 03CA, Tax Lot 1500.
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
2
2
,
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 22, 2023
Page 3
Public Hearing was closed
Melody Thueson moved to forward the Ordinance approving amendments
to Central Point Zone Map to a second reading at the July 13, 2023 Council
Meeting.
RESULT: 1ST READING [UNANIMOUS]
Next: 7/13/2023 7:00 PM
MOVER: Melody Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
C. Ordinance Regulating Camping on Public Property
City Attorney Sydnee Dreyer presented the first reading of an Ordinance Regulating
Camping on Public Property to the council. 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.
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 notify homeless persons of needing
to remove a campsite and how and where to store personal property removed from a
campsite.
The proposed Ordinance is designed to comply with the preceding requirements and
allow individuals to sleep, rest or lie on specific public properties subject to the
reasonable time, place, and manner requirements.
Council had concerns over the shared properties with the School District and
whether these properties would be prohibited.
Staff will revise the Ordinance before the second reading to include the properties
that are near a school or owned by the school district to the list of properties that
prohibit camping.
Minor adjustments are to strike lean-tos, and City Property will be defined as city-
owned parking lots.
Mayor Williams opened a public hearing, and no one came forward, the public
hearing was closed.
Michael Parsons moved 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 with the
recommended changes.
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
2
2
,
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 22, 2023
Page 4
RESULT: 1ST READING [UNANIMOUS]
Next: 7/13/2023 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
VIII. ORDINANCES, AND RESOLUTIONS
A. A Resolution Approving a 2021-23 Supplemental Budget
Finance Director Steve Weber presented to council a resolution to the City of Central
Point approving a 2021-23 supplemental budget.
Rob Hernandez moved to approve Resolution No. 1752 a resolution of the
City of Central Point approving a 2021-23 supplemental budget.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
B. A Revised Resolution Extending Workers Compensation Coverage to
Volunteers
Human Resources Director Elizabeth Simas presented to council a resolution
extending workers compensation coverage to volunteers.
Melody Thueson moved to approve Resolution No. 1753 a resolution
extending workers compensation coverage to volunteers.
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
C. A Resolution Approving the 2023 Revised Management Compensation Plan
Human Resources Director Elizabeth Simas presented to council a resolution
approving the 2023 revised management compensation plan.
Neil Olsen moved to approve Resolution No. 1754 a Resolution approving
the 2023 revised management compensation plan.
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
2
2
,
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 22, 2023
Page 5
RESULT: APPROVED [UNANIMOUS]
MOVER: Neil Olsen, Ward I
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
D. A Resolution Approving the July 1, 2023 – June 30, 2024 Classification Pay
Plan
Human Resources Director Elizabeth Simas presented to council a resolution
approving the July 1, 2023 - June 30, 2024 Classification Pay Plan.
Neil Olsen moved to approve Resolution No. 1755 a Resolution approving
the 2023-2024 revised classification plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Neil Olsen, Ward I
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Johnson, Thueson, Hernandez, Parsons
ABSENT: Taneea Browning
IX. BUSINESS
A. Discussion Only - Gambling Ordinance
City Attorney Sydnee Dreyer started the discussion with the Council regarding a
review of the city's gambling ordinance. Under CPMC Chapter 9.32, gambling or
visiting/frequenting a gambling place is prohibited. "Gambling" is not defined;
reference is made to state statute ORS 167.117(7).
Council has agreed to revise the Ordinance to allow gambling with specific
regulations.
Residents from the Meadows addressed the Council with their concerns and
suggestions. Mr. Carden, Board of Directors of the Meadows, hopes the Council will
work out a solution to allow social gaming in areas other than private residences.
X. MAYOR'S REPORT
Mayor Williams reported that he attended the Central Point Chamber Greeter's at
Skyrman Park.
XI. CITY MANAGER'S REPORT
City Manager Chris reported that:
He attended the Chamber Greeters at Skyrman Park.
At the July Meeting, a purchase and sale agreement of the Old Military Property.
The Rogue Music Festival went well, and the City was well represented; traffic control
went well; he had one complaint by a resident, which has been addressed.
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
2
2
,
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 22, 2023
Page 6
He and Stephanie Holtey interviewed two candidates for the Citizen Advisory Committee
vacancies. The Mayor will be recommending both applicants at the July 13th council
meeting.
Staff will be working on a Water Conservation Plan for the City.
In tomorrow’s update, he will introduce Scott Logue as the official Chief of Police as of
July 1.
Starting June 23, wildfire season officially begins in Oregon.
The City has received complaints regarding Skate Park being closed.
XII. COUNCIL REPORTS
Council Member Melody Thueson had nothing to report.
Council Member Mike Parsons reported that:
He attended Greeters at Skyrman Park.
He attended the Rogue Valley Sewer Service Board of Directors meeting and luncheon.
Council Member Rob Hernandez reported that he attended the Medford Jackson
County Chamber Forum.
Council Member Neil Olsen reported that he listened into the School Budget
Meeting, Mae Richardson Elementary will be getting a new gym, and the school
district extended Walt Davenport's contract for another year.
Council Member Kelley Johnson had nothing to report.
XIII. DEPARTMENT REPORTS
Chief Scott Logue reported that they are in the process of hiring new staff, and getting
newly hired staff through training.
Planning Director Stephanie Holtey reported that:
The July Planning Commission meeting was cancelled due to the July 4th holiday.
There will be a CAC meeting will be on July 11th.
Finance Director Steve Weber reported that he received a resignation letter from the
City's contracted auditor Isler CPA.
XIV. EXECUTIVE SESSION ORS 192.660(2)(d) Labor Negotiations
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
2
2
,
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 22, 2023
Page 7
Neil Olsen moved to adjourn to Executive Session under ORS 192.660(2)(d) to
discuss Labor Negotiations. Michael Parsons seconded and all said aye, meeting as
adjourned into Executive Session at 9:14 PM
XV. ADJOURNMENT
Michael Parsons moved to adjourn. Neil Olsen seconded. All said Aye and the
meeting was adjourned at 10:05 PM
The foregoing minutes of the June 22, 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. 9
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
2
2
,
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:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: July 13, 2023
SUBJECT: Citizens Advisory Committee Appointment
ACTION REQUIRED:
Motion
RECOMMENDATION:
Approval
The Citizens Advisory Committee acts as an advisory committee to the Planning Commission
and the City Council regarding items such as: housing; schools, parks and playgrounds; streets;
sidewalks; bike paths; public transportation; communication; and many other matters of general
community interest.
The Citizens Advisory Committee currently has five members:
John Eaton Michael Meek Royce Chambers
Kristy Painter Carrie Reed
The City advertised for volunteers for to fill two vacancies on the CAC and received two
applications. The Planning Director and City Manager interviewed the two applicants.
Pamela Allister Justin Idiart
Mayor Williams will present his recommendations at the July 13, 2023 City Council meeting,
following which Council must vote on whether to approve the appointments.
PUBLIC HEARING REQUIRED:
No Public Hearing is required for committee appointments.
_____________________________________________________________________________
_
RECOMMENDED MOTION:
I move to appoint _______________________ to the Citizens Advisory Committee.
ATTACHMENTS:
1. Pamela Allister
5.B
Packet Pg. 10
2. Justin Idiart_Redacted
5.B
Packet Pg. 11
C_it,___o_f _C_e_nt_r_a_l P_o_i_nt....:...., _O_r_e __ o_n ___ CENTRAL---Administration De artment
140 S 3rd Street, Central Point, OR 97502 PQI NT Chris Clayton, City Manager 541.664.3321 Fax 541.664.6384 Rachel Neuenschwander, City Recorder (J ,�ef{f)n www.centralpointoregon.eov Elizabeth Simas, Human Resource Director
APPLICATION FOR APPOINTMENT TO
CITY OF CENTRAL POINT COMMITTEE
Fax: V
Are you a registered voter with the State of Oregon? Yes X No ___ _
Are you a city resident? Yes�,~><----No____ If Yes, How long: /D+l.f�
Which committee(s) would you like to be appointed to: (Please make sure the dates below work with yourschedule before applying. Council and Planning Commission members are required to file an Annual Statement of Economic Interest to the State of Oregon.)
Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee):
D Budget Committee: Meetings vary in April Bi-Annually
� Citizens Advisory Committee: 2nd Tuesday of quarterly D Planning Commission: 1 st Tuesday of each month D Parks and Recreation Committee/Foundation: Meeting dates vary
5.B.a
Packet Pg. 12
At
t
a
c
h
m
e
n
t
:
P
a
m
e
l
a
A
l
l
i
s
t
e
r
(
1
7
1
4
:
A
p
p
o
i
n
t
m
e
n
t
t
o
C
A
C
)
Central Point Committee Application
Page2
To provide additional background for the Mayor and City Council, please answer the following questions.
l. Please explain why you are interested in the appointment and what you would ofler to the comntunity.
3. Please provide any additional information or comments which you believe will assist the City Council
2. Please describe what you believe are the major concems of the City residents and businesses that this
committee should be concemed about.A4'i" C*;i;;i"pom& Le ar\ ,a.*slnn dtn l,-ettla alblz- rX
^Stwoeg+tecf q)uw'vhtfu alevuhptlu(nL aitd ltDLrf,h pr
W*Ulr4 ry ry rilr&Lh 4 -tuisA *! SupPilrV l'helohhal4ce
in considerins vour aoolication.*t/4iil a h, ecluea {p-/, qp.ill ehurd nnol *hatt cwy A -HaW V/Jb^/ a4 e.1usf sau€{u ply att. ',
Eflurnnnch (tt say/r+rrrI q wo///tt>? "t/ tulor€T'
repftg€ n-[ee! er hi-al,t g .'
4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you
handle them?
Con*tr*a !-ery+> ul Ah,r gS:6y-S- gM cilqa4sllUenyqs
qt 0 ada)rrss kat i,:t o*A pofufaat rxflwnes v D bL
Abte.4 9 act oblgs g uryLc.J, eo/{lt"{ 4 h{+{zsd u>d
ufuevdarI absle {r0r> NfEn tldlca,l4el.
J- Aa,Y& cwplckd R Nutnh:'vo-t ET)+tts eLAs€^s
Ir eentud gfrpe,&,5{*k a*Ore{ail lqWbo
Pteasereetrreetouse*f
::::i,'Xf,{:;x!;::x:;:inrormationtohetpthe
My signature affirrns that the information in this application is true to the best of my knowledge. I
understand that misrepresentation and/or omission of facts are cause for removal from any council, advisory
committee, board or commission I may be appointed to. A11 informatiorVdocumentation related to service for
this position is subject to public record disclosure.
Date:L
5.B.a
Packet Pg. 13
At
t
a
c
h
m
e
n
t
:
P
a
m
e
l
a
A
l
l
i
s
t
e
r
(
1
7
1
4
:
A
p
p
o
i
n
t
m
e
n
t
t
o
C
A
C
)
5.B.b
Packet Pg. 14
At
t
a
c
h
m
e
n
t
:
J
u
s
t
i
n
I
d
i
a
r
t
_
R
e
d
a
c
t
e
d
(
1
7
1
4
:
A
p
p
o
i
n
t
m
e
n
t
t
o
C
A
C
)
5.B.b
Packet Pg. 15
At
t
a
c
h
m
e
n
t
:
J
u
s
t
i
n
I
d
i
a
r
t
_
R
e
d
a
c
t
e
d
(
1
7
1
4
:
A
p
p
o
i
n
t
m
e
n
t
t
o
C
A
C
)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Justin Gindlesperger, Community Planner II
MEETING DATE: July 13, 2023
SUBJECT: Ordinace for 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:
Motion
Ordinance 2nd 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. 16
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. 17
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:
Approve the ordinance for proposed comprehensive plan map amendment.
RECOMMENDED MOTION:
I move to approve the Ordinance Amending the Central Point Zoning Map from
Employment Commercial to High Mix Residential on a 1.62 Acre Property Identified on
the Jackson County Assessor’s Map as 37S 2W 03CA Tax Lot 1500.
ATTACHMENTS:
1. Attachment A_Resolution 905
2. Attachment B - City Council Ordinance
7.A
Packet Pg. 18
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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 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
(
2
0
2
3
-
4
4
:
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. 68
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
(
2
0
2
3
-
4
4
:
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. 69
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
(
2
0
2
3
-
4
4
:
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. 70
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
(
2
0
2
3
-
4
4
:
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. 71
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
(
2
0
2
3
-
4
4
:
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. 72
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
(
2
0
2
3
-
4
4
:
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. 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
5
(
2
0
2
3
-
4
4
:
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. 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
5
(
2
0
2
3
-
4
4
:
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. 75
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
]
(
2
0
2
3
-
4
4
:
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
)
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. 76
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
]
(
2
0
2
3
-
4
4
:
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
)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Justin Gindlesperger, Community Planner II
MEETING DATE: July 13, 2023
SUBJECT: Ordinance Approving Amendments to Central Point Zone Map on 1.62
acres of property identified on the Jackson County Assessor’s Map as
37S 2W 03CA, Tax Lot 1500.
ACTION REQUIRED:
Motion
Ordinance 2nd 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. 77
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. 78
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:
Approve the ordinance for proposed zone map amendment.
RECOMMENDED MOTION:
I move to approve the Ordinance approving amendments to Central Point Zone Map.
ATTACHMENTS:
1. Attachment A_Resolution 906
2. Attachment B - City Council Ordinance
7.B
Packet Pg. 79
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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 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
(
2
0
2
3
-
4
5
:
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. 96
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
(
2
0
2
3
-
4
5
:
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. 97
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
(
2
0
2
3
-
4
5
:
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. 98
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
(
2
0
2
3
-
4
5
:
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. 99
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
(
2
0
2
3
-
4
5
:
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. 100
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
(
2
0
2
3
-
4
5
:
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. 101
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
(
2
0
2
3
-
4
5
:
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. 102
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
(
2
0
2
3
-
4
5
:
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. 103
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
]
(
2
0
2
3
-
4
5
:
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. 104
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
]
(
2
0
2
3
-
4
5
:
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: July 13, 2023
SUBJECT: Ordinance Regulating Camping on Public Property
ACTION REQUIRED:
Ordinance 2nd 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.
Council considered this Ordinance at its June 22, 2023 meeting and forwarded this Ordinance
to a second reading subject to minor revisions recommended by staff. First, the definition of
Camping Materials has been revised to delete reference to “lean-tos” and second, the definition
of City Property was revised to clarify that it applies to city-owned parking lots. Additionally, two
additional parks were added as areas where no campsites or survival sheltering are permitted:
Mae Richardson elementary fields and Twin Creeks Park, given that there is significant
interaction with children and because these properties are owned by, or leased to, the school
7.C
Packet Pg. 105
district.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
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:
Approve the ordinance as modified.
RECOMMENDED MOTION:
I move to approve Ordinance No. _____ an Ordinance creating Title 7 regulating camping at
public properties and amending in part CPMC Chapters 8.32, 9.68, 10.04 and 12.20.
ATTACHMENTS:
1. Ordinance Creating Title 7 and Related Amendments
7.C
Packet Pg. 106
2. Exhibit A to Ordinance Creating Title 7
3. Exhibits B-E to Ordinance Regulating Camping
7.C
Packet Pg. 107
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. 108
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
(
2
0
2
3
-
4
6
:
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. 109
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
(
2
0
2
3
-
4
6
:
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. 110
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
(
2
0
2
3
-
4
6
:
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. 111
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
3
]
(
2
0
2
3
-
4
6
:
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, 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, city-owned 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. Mae Richardson Elementary school playground and ballfields, 200 W. Pine Street;
5. Twin Creeks Park, 555 Twin Creeks Crossing;
6. Any place where a Campsite, or Camp Materials create a physical impediment to
emergency or nonemergency ingress, egress or access to property, whether private
7.C.b
Packet Pg. 112
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
3
]
(
2
0
2
3
-
4
6
:
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
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. Any vehicle lane, bicycle lane, or roundabout within any public right-of-way.
8. 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.
7.C.b
Packet Pg. 113
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
3
]
(
2
0
2
3
-
4
6
:
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. 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.
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.
7.C.b
Packet Pg. 114
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
3
]
(
2
0
2
3
-
4
6
:
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
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.
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. 115
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
3
]
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 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
(
2
0
2
3
-
4
6
:
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. 122
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
(
2
0
2
3
-
4
6
:
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. 123
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
(
2
0
2
3
-
4
6
:
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. 124
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
(
2
0
2
3
-
4
6
:
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. 125
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
(
2
0
2
3
-
4
6
:
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. 126
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
(
2
0
2
3
-
4
6
:
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. 127
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
(
2
0
2
3
-
4
6
:
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. 128
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
(
2
0
2
3
-
4
6
:
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. 129
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
(
2
0
2
3
-
4
6
:
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:
Human Resources
FROM: Elizabeth Simas, Human Resources Director
MEETING DATE: July 13, 2023
SUBJECT: Resolution Ratifying the Police Collective Bargaining Agreement and
updated Classification Pay Plan
ACTION REQUIRED:
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
HISTORY: On June 28, 2023 the City and Police bargaining teams tentatively agreed to a three (3)
year collective bargaining agreement through June 30, 2026. The agreement requires ratification by
both parties. The bargaining unit ratified the agreement on July 6, 2023.
WAGE/BENEFIT PROPOSAL: It is proposed that the Council ratify the bargained agreement. The
negotiated agreement consists of a three (3) year contract with a 6% increase applied to the pay scale
on July 1, 2023, a 4% increase applied to the pay scale on July 1, 2024, and a 6% increase applied to the
pay scale on July 1, 2025. On July 1, 2023, fitness reimbursements will increase from $25 per month to
$35 per month ($10/month increase). Bilingual pay would increase from $150 per month to 5% of base
salary and a 5% assignment pay for the Evidence Technician. On July 1, 2024, Department of Public
Safety Standards & Training (DPSST) Intermediate and Advanced Certification pay increases from
$145/$290 per month respectively to 3.5%/7% of monthly base wage. On July 1, 2025, City
contributions to the employee’s Health Reimbursement Arrangement - Voluntary Employees’
Beneficiary Association (HRA-VEBA) increases from $145 per month to $170 per month ($25/month
increase).
CONTRACT LANGUAGE CHANGES: Section 4.3 updated language for notification of new hires to the
Union and Section 5.1 reasonable time granted to Union Stewards for Union business, Section 9.3.2
updated shift bidding for Corporals, 11.4 outlined how schedule changes would be compensated,
Section 12.4.1 was updated on how compensation is handled when moving to the Corporal position,
Section 14.4.1 provides 5% Police Support Specialist trainer incentive pay, Section 16.1 (b) outlines the
maximum college tuition reimbursement allowed, Section 16.2 was updated to reference federal
General Services Administration meal rates when traveling on City business, 17.1 vacation accrual
timeframes were shortened to align with other comparable jurisdictions, outlined vacation and sick
7.D
Packet Pg. 130
leave accrual proration when an employee is on Paid Leave Oregon or in an absent without pay status,
19.9 Paid Leave Oregon outlines contributions and accrual usage, Sections 22.1 and 22.3 cost sharing
and negotiating health insurance premiums/plan if a premium increase exceeds 10% annually or the
plan ceases, 26.3 Step IV of the Grievance process was updated for police officers, removed
unnecessary language from the previous contract, and updated contract language to use gender neutral
terminology.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
The City of Central Point Strategic Plan 2040 set a roadmap for the city council, management, and
employees to guide them when making organizational decisions. The proposed changes to the Police
Collective Bargaining Agreement address the following goals as set out by the Strategic Plan 2040 by
establishing a competitive compensation.
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.
STAFF RECOMMENDATION:
Recommend approval of the Police Collective Bargaining Agreement as presented and the associated
updated Classification Pay Plan.
RECOMMENDED MOTION:
Motion to approve Resolution No. _____, A Resolution Ratifying the Police Collective Bargaining
Agreement and updated Classification Plan.
ATTACHMENTS:
1. 2023-2026 Police CBA Resolution
2. 2023-5 Classification Pay Plan 071323
3. 2023-26 PDCBA Final
7.D
Packet Pg. 131
RESOLUTION NO. _______
A RESOLUTION RATIFYING THE POLICE COLLECTIVE BARGAINING AGREEMENT and
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT AND
UPDATED CLASSIFICATION PAY PLAN
RECITALS:
1. The City of Central Point has a fundamental interest in the development of
harmonious and cooperative relationships between the City and its employees;
and
2. The City recognizes the rights of public employees to organize; and
3. The City recognizes and accepts that the principle and procedure of collective
bargaining can alleviate various forms of strife and unrest; and
4. ORS 243 “Collective Bargaining” defines and outlines the policies involved in
collective bargaining between public entities and public employers; and
5. The current police collective bargaining agreement expired on June 30, 2023;
and
6. The successor bargaining agreement will be effective from July 1, 2023 – June 30,
2026.
The City of Central Point resolves as follows:
The Police Collective Bargaining Agreement between the City of Central Point
and Teamsters Local 223 (Police), as attached, and the updated Classification Pay Plan
are hereby ratified and adopted, and the Mayor and City Manager are authorized to sign
the Agreement.
Passed by the Council and signed by me in authentication of its passage this _____ day
of _____________________, 2023.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
7.D.a
Packet Pg. 132
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
0
2
6
P
o
l
i
c
e
C
B
A
R
e
s
o
l
u
t
i
o
n
[
R
e
v
i
s
i
o
n
1
]
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
Schedule Effective 7/1/22 - 6/30/24 Revised 07/01/23
hourly/monthly
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
Part A: General Services Bargaining Unit PositionsClassification Pay Plan
N/A
N/A
N/A
7.D.b
Packet Pg. 133
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
5
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
a
y
P
l
a
n
0
7
1
3
2
3
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
Approved ______ by Council Resolution #_________
Schedule Effective 7/1/23
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 3,829 4,020 4,221 4,432 4,654 4,887 5,131
201 Community Services Officer P117 4,063 4,266 4,479 4,703 4,938 5,185 5,444
202 Police Officer P145 5,208 5,468 5,741 6,028 6,329 6,645 6,977
203 Corporal P150 5,760 6,048 6,350 6,668 7,001 7,351 7,719
Schedule Effective 7/1/24
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 3,982 4,181 4,390 4,610 4,841 5,083 5,337
201 Community Services Officer P117 4,226 4,437 4,659 4,892 5,137 5,394 5,664
202 Police Officer P145 5,416 5,687 5,971 6,270 6,584 6,913 7,259
203 Corporal P150 5,990 6,290 6,605 6,935 7,282 7,646 8,028
Schedule Effective 7/1/25
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 4,221 4,432 4,654 4,887 5,131 5,388 5,657
201 Community Services Officer P117 4,480 4,704 4,939 5,186 5,445 5,717 6,003
202 Police Officer P145 5,741 6,028 6,329 6,645 6,977 7,326 7,692
203 Corporal P150 6,349 6,666 6,999 7,349 7,716 8,102 8,507
Part B: Police Bargaining Unit PositionsClassification Pay Plan
7.D.b
Packet Pg. 134
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
5
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
a
y
P
l
a
n
0
7
1
3
2
3
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
Approved ______ by Council Resolution #_________
Schedule Effective 7/1/23
Position#Classification Title Grade Minimum Monthly 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
Schedule Effective 1/1/24
Position#Classification Title Grade Minimum Monthly Maximum
002 Human Resources Assistant (non-exempt)C 3,998 -5,106
501 City Recorder R 5,757 -8,117
500 Finance Supervisor I 6,067 -8,555
502 Recreation Manager I 6,067 -8,555
503 Parks & Public Works Supervisor I 6,067 -8,555
507 Police Office Manager I 6,067 -8,555
517 Safety & Risk Manager I 6,067 -8,555
518 Construction Services Supervisor I 6,067 -8,555
504 Parks & Public Works Operations Mgr II 7,280 -9,889
506 Principal Planner II 7,280 -9,889 511-514 & 520 Department Director (PLAN, FIN, HR, IT, BLDG)III 8,096 -11,947
515 Parks & Public Works Director IV 9,756 -13,046
519 City Attorney IV 9,756 -13,046
521 Special Projects Manager/Rehired Retiree A 3,998 -13,046
508 Police Lieutenant (non-exempt)P-I 7,280 -9,889
509 Police Captain P-II 8,096 -11,947
510 Police Chief P-III 9,756 -13,046
Part C: Non-Bargaining Unit, Management Positions
Classification Pay Plan
7.D.b
Packet Pg. 135
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
5
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
a
y
P
l
a
n
0
7
1
3
2
3
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
PO
L
I
C
E
COLLECTIVE BARGAINING
AGREEMENT
between
CITY OF CENTRAL POINT
and
TEAMSTERS
LOCAL UNION #223
Police
July 1, 2023 – June 30, 2026
7.D.c
Packet Pg. 136
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
7.D.c
Packet Pg. 137
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
TABLE OF CONTENTS
PREAMBLE ........................................................................................................................ 1
ARTICLE I - RECOGNITION .................................................................................................................. 1
Section 1.1 Recognition ................................................................................................................ 1
Section 1.2 Bargaining Unit Classifications ................................................................................... 1
Section 1.3 Exclusions .................................................................................................................... 1
Section 1.4 New Classifications ...................................................................................................... 1
ARTICLE II - MANAGEMENT RIGHTS ................................................................................................. 2
Section 2.1 Management Rights ................................................................................................... 2
ARTICLE III - MAINTENANCE OF STANDARDS ..................................................................................... 3
Section 3.1 Maintenance of Standards .......................................................................................... 3
ARTICLE IV - UNION SECURITY ......................................................................................................... 3
Section 4.1 Checkoff ..................................................................................................................... 3
Section 4.2 Hold Harmless ............................................................................................................. 3
Section 4.3 Notification of Bargaining Unit Members ................................................................... 3
Section 4.4 Bulletin Board ............................................................................................................. 3
Section 4.5 Right of Access ........................................................................................................... 3
Section 4.6 City Facilities ............................................................................................................... 3
ARTICLE V - UNION BUSINESS ........................................................................................................... 4
Section 5.1 Union Business ........................................................................................................... 4
Section 5.2 Union Representation ................................................................................................ 4
Section 5.3 Collective Bargaining .................................................................................................. 4
ARTICLE VI - NON-DISCRIMINATION ................................................................................................. 4
Section 6.1 Gender......................................................................................................................... 4
Section 6.2 Application of Agreement .......................................................................................... 4
ARTICLE VII - PERSONNEL FILE ......................................................................................................... 4
Section 7.1 Maintenance of Personnel Files .................................................................................. 4
Section 7.2 Disclosure of Information ........................................................................................... 4
Section 7.3 Viewing of Files .......................................................................................................... 4
Section 7.4 Representation ............................................................................................................ 5
Section 7.5 Employee Signature and Response ............................................................................. 5
Section 7.6 Adding and Removing Documents .............................................................................. 5
ARTICLE VIII – PROBATION ................................................................................................................ 5
Section 8.1 Probationary Period .................................................................................................... 5
Section 8.2 Promotional Probationary Period ............................................................................... 5
Section 8.3 Scheduling of Probationary Employees ...................................................................... 6
7.D.c
Packet Pg. 138
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
ARTICLE IX – SENIORITY .................................................................................................................... 6
Section 9.1 Definition ..................................................................................................................... 6
Section 9.2 Seniority List. ............................................................................................................... 6
Section 9.3 Application ................................................................................................................. 6
Section 9.4 Seniority Grace Period ................................................................................................ 7
ARTICLE X – LAYOFF AND RECALL ..................................................................................................... 7
Section 10.1 Eligibility for Layoff Status ........................................................................................... 7
Section 10.2 Recall from Layoff ....................................................................................................... 7
ARTICLE XI - HOURS OF WORK AND OVERTIME ................................................................................. 7
Section 11.1 Work Week ................................................................................................................. 7
Section 11.2 Workday ................................................................................................................... 7
Section 11.3 Other Work Schedules .............................................................................................. 8
Section 11.4 Schedule Changes ....................................................................................................... 8
Section 11.5 Work Shift ................................................................................................................. 8
Section 11.6 Overtime .................................................................................................................. 8
Section 11.7 Compensatory Time ................................................................................................. 9
Section 11.8 Call Back ..................................................................................................................... 9
Section 11.9 Court Scheduled Between Night Shifts .................................................................... 9
Section 11.10 Rest Periods .............................................................................................................. 9
Section 11.11 Meal Periods .............................................................................................................. 10
Section 11.12 Detective On-Call ....................................................................................................... 10
ARTICLE XII – COMPENSATION .............................................................................................................11
Section 12.1 Pay Schedule .............................................................................................................. 11
Section 12.2 Pay Periods ................................................................................................................. 11
Section 12.3 Steps ............................................................................................................................ 11
Section 12.4 Changes in Position and/or Grade .............................................................................. 11
Section 12.5 PERS Contribution ....................................................................................................... 12
Section 12.6 Deferred Compensation ............................................................................................. 12
ARTICLE XIII - INCENTIVE PAY .............................................................................................................12
Section 13.1 DPSST Certification ..................................................................................................... 12
Section 13.2 Educational Incentive .................................................................................................. 12
Section 13.3 Bilingual/Sign Language Pay........................................................................................ 12
Section 13.4 Calculation of Incentive Pay ........................................................................................ 12
ARTICLE XIV – SPECIAL ASSIGNMENTS and COLLATERAL DUTIES .........................................................13
Section 14.1 Special Assignments .................................................................................................... 13
Section 14.2 Detective ..................................................................................................................... 13
Section 14.3 School Resource Officer .............................................................................................. 13
Section 14.4 Field Training Officer ................................................................................................... 13
Section 14.5 F-6 Training Instructor ................................................................................................. 13
Section 14.6 Canine (K-9) Care......................................................................................................... 13
Section 14.7 Evidence Technician ...................................................................................................... 13
Section 14.8 Acting In Capacity ........................................................................................................ 14
Section 14.9 Calculation of Assignment Pay .................................................................................... 14
7.D.c
Packet Pg. 139
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
ARTICLE XV – UNIFORMS ..................................................................................................................14
Section 15.1 Uniforms ..................................................................................................................... 14
Section 15.2 Uniform Cleaning ....................................................................................................... 14
Section 15.3 Clothing Allowance ..................................................................................................... 14
ARTICLE XVI - EXPENSE REIMBURSEMENT .........................................................................................15
Section 16.1 Educational Reimbursement .................................................................................... 15
Section 16.2 Travel Expenses ........................................................................................................ 15
Section 16.3 Fitness Incentive Reimbursement ............................................................................. 16
Section 16.4 Taxation ....................................................................................................................... 17
Section 16.5 Reimbursement for Training of Police Officers ........................................................... 17
ARTICLE XVII - VACATION ..................................................................................................................16
Section 17.1 Accrual. ........................................................................................................................ 16
Section 17.2 Accrual Limitations ..................................................................................................... 17
Section 17.3 Vacation Selection .................................................................................................... 17
Section 17.4 Termination ............................................................................................................. 18
Section 17.5 Sell Back ...................................................................................................................... 18
ARTICLE XVIII - HOLIDAYS .................................................................................................................18
Section 18.1 Holidays: Full-time, Police Support Specialists ........................................................... 18
Section 18.2 Holiday Accrual: Full-time, Community Service Officer and Sworn Personnel .......... 19
Section 18.3 Holiday Sell Back ......................................................................................................... 19
ARTICLE XIX - SICK LEAVE .................................................................................................................19
Section 19.1 Accrual ......................................................................................................................... 19
Section 19.2 Utilization ................................................................................................................... 19
Section 19.3 Notification ................................................................................................................. 20
Section 19.4 Sick Leave Compensation ............................................................................................ 20
Section 19.5 Leave Without Pay/Layoff ........................................................................................... 20
Section 19.6 Immediate Family........................................................................................................ 20
Section 19.7 Integration of Paid Sick Leave With Workers Compensation ..................................... 20
Section 19.8 Retirement .................................................................................................................. 20
Section 19.9 Paid Leave Oregon ...............................................................................................21
ARTICLE XX - LEAVE OF ABSENCE WITH PAY .........................................................................................21
Section 20.1 Bereavement Leave .................................................................................................. 21
Section 20.2 Funeral Leave .......................................................................................................... 21
Section 20.3 Civic Responsibility ................................................................................................... 21
Section 20.4 Military Leave .......................................................................................................... 22
Section 20.5 Conferences/Meetings ............................................................................................ 22
Section 20.6 Leave Accrual While on Paid Leave .......................................................................... 22
ARTICLE XXI - LEAVE OF ABSENCE WITHOUT PAY ...............................................................................23
Section 21.1 Family Medical Leave .................................................................................................. 23
Section 21.2 Military Leave .............................................................................................................. 23
Section 21.3 Other Leave Without Pay ........................................................................................... 23
Section 21.4 Leave Accrual While on Unpaid Leave ........................................................................ 23
7.D.c
Packet Pg. 140
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
ARTICLE XXII - INSURANCE COVERAGE ..............................................................................................23
Section 22.1 Medical, Dental and Vision Insurance ......................................................................... 23
Section 22.2 Health Insurance Eligibility .......................................................................................... 23
Section 22.3 Medical, Dental and Vision Insurance Premiums ....................................................... 24
Section 22.4 Section 125 .................................................................................................................. 24
Section 22.5 Health Reimbursement Arrangement......................................................................... 24
Section 22.6 Long Term Disability Insurance .................................................................................. 24
Section 22.7 Life Insurance ............................................................................................................. 24
ARTICLE XXIII - WORKER'S COMPENSATION .......................................................................................24
Section 23.1 Worker's Compensation ............................................................................................. 24
ARTICLE XXIV - OUTSIDE EMPLOYMENT .............................................................................................25
Section 24.1 Outside Employment. ................................................................................................. 25
Section 24.2 Approval ..................................................................................................................... 25
Section 24.3 Response .................................................................................................................... 25
ARTICLE XXV - DISCIPLINE AND DISCHARGE .......................................................................................25
Section 25.1 Discipline. .................................................................................................................... 25
Section 25.2 Imposition .................................................................................................................. 25
Section 25.3 Probationary Employee .............................................................................................. 25
Section 25.4 Grieving Discipline ...................................................................................................... 25
Section 25.5 Union Representation ................................................................................................ 25
ARTICLE XXVI - GRIEVANCE PROCEDURE ................................................................ .............................26
Section 26.1 Definition .................................................................................................................... 26
Section 26.2 Informal Resolution .................................................................................................... 26
Section 26.3 Grievance Procedure .................................................................................................. 26
Section 26.4 Expenses ............................................................................................. ....................... 27
Section 26.5 Time Limits ................................................................................................................. 27
Section 26.6 Grievance File ............................................................................................................. 27
ARTICLE XXVII - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT .........................................................27
Section 27.1 Lockout ....................................................................................................................... 27
Section 27.2 Strike .......................................................................................................................... 27
Section 27.3 Union Responsibility ................................................................................................... 27
Section 27.4 Discipline .................................................................................................................... 27
Section 27.5 Wages and Benefits .................................................................................................... 27
ARTICLE XXVIII - SAVINGS CLAUSE ....................................................................................................28
Section 28.1 Savings Clause ............................................................................................................ 28
ARTICLE XXIX - DURATION .................................................................................................................28
Section 29.1 Duration ..................................................................................................................... 28
ARTICLE XXX - EXECUTION/SIGNATURES ............................................................................................28
APPENDIX A - PAY SCHEDULE ...........................................................................................................29
7.D.c
Packet Pg. 141
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 1
AGREEMENT BETWEEN
CITY OF CENTRAL POINT, OREGON
AND
TEAMSTERS LOCAL UNION NO. 223
PREAMBLE
This Agreement Between the City of Central Point, Oregon, hereinafter called the "City;” and Teamsters Local
Union No. 223, International Brotherhood of Teamsters, Portland, Oregon, hereinafter called the "Union,", is
made and entered into for the purpose of fixing the wage scale, schedule of hours and conditions of
employment affecting members of the bargaining unit. The purpose of this Agreement is to set forth the full
and complete Agreement between the parties on matters relating to employment relations.
ARTICLE I – RECOGNITION
1.1 Recognition. The City recognizes the Union as the sole and exclusive bargaining agent for all employees
in the bargaining unit for the purpose of establishing hours, wages and conditions of employment which
constitute "employment relations" as defined by Oregon Law. For the purpose of this Agreement, an
"employee" shall be any employee in the bargaining unit established by the Oregon Employment Relations
Board and as defined in 1.2 below.
1.2 Bargaining Unit Classifications. The bargaining unit covers the classifications of Corporal, Police Officer,
Community Services Officer, and Police Support Specialist.
1.3 Exclusions. Managerial, supervisory, FLSA exempt, Temporary, and Part-time without Benefits
employees shall be specifically excluded from the bargaining unit. For the purpose of this Agreement, a
temporary employee shall be defined as an employee hired for a work assignment lasting 180 calendar days or
less in any 12 month period, or for a work assignment for which the specific purpose is to fill a temporary
vacancy created by a regular bargaining unit employee who is on approved leave, as provided for in this
Agreement, lasting more than 180 calendar days but not to exceed 12 months. A “part-time without benefits”
employee shall be defined as an employee scheduled to work less than 80 hours in a calendar month, regardless
of the duration of the assignment.
1.4 New Classifications. If a new classification is added to the bargaining unit, the Union shall be provided
with the written job description thereof and the City's proposed rate of pay. That rate shall become permanent
unless the Union files a written notice of its desire to negotiate the permanent rate within ten (10) calendar
days from the date it receives its notification of the classification. If a request for negotiations is filed by the
Union, the parties shall begin negotiations within fifteen (15) calendar days.
7.D.c
Packet Pg. 142
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 2
ARTICLE II - MANAGEMENT RIGHTS
2.1 Management Rights. The City retains all the customary, usual and exclusive rights, decision-making
prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the
affairs of the City or any part of it. The rights of employees in the bargaining unit and the Union are limited to
those specifically set forth in the Agreement; and the City retains all prerogatives, functions and rights not
specifically limited by the terms of this Agreement. The City shall have no obligation to bargain with the Union
with respect to any such subject or the exercise of its discretion and decision-making with regard thereto any
subjects covered by the Terms of this Agreement and closed to further bargaining for the terms hereof, and any
subject matter which was or might have been raised in the course of collective bargaining. The exercise of any
management prerogative, function or right which is not specifically modified by this Agreement is not subject
to the grievance procedure or to bargaining during the term of this Agreement.
Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the City shall
include the following:
a. To direct and supervise all operations, functions and policies of the Department and the operations,
functions and policies of the remainder of the City as they may affect employees in the bargaining unit.
b. To close or liquidate an office, branch, department, operation or facilities, or combine facilities, or to
relocate, reorganize, or combine the work of divisions, offices, branches, departments, operations, or
facilities for budgetary or other reasons.
c. To determine the need for and method of a reduction or an increase in the work force and the
implementation of any decision with regard thereto.
d. To establish, revise and implement standards for hiring, classification, promotion, evaluation, quality of
work, safety, materials, equipment, uniforms, appearance, methods and procedures. It is jointly
recognized that the City must retain broad authority to fulfill and implement its responsibilities and may
do so by work rule, existing or future, oral or written.
e. To implement new and to revise or discard, wholly or in part, old methods, procedures, materials,
equipment, facilities and standards.
f. To assign and distribute work.
g. To assign shifts, workdays, hours of work, overtime and work locations.
h. To designate and to assign all work duties.
i. To introduce new and revise existing duties within the unit.
j. To determine the need for and the qualifications of new employees, transfers and promotions.
k. To determine the need for additional educational courses, training programs, on-the-job training, and
cross-training and to assign employees to such duties for periods to be determined by the City.
7.D.c
Packet Pg. 143
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 3
ARTICLE III - MAINTENANCE OF STANDARDS
3.1 Maintenance of Standards. All rights, privileges and working conditions enjoyed by members at the
time of this Agreement, have been codified and included in this Agreement. Any such privileges or working
conditions not codified in this Agreement but which constitute employment relations as defined in ORS 243.650
(7), shall remain unchanged and unaffected during the term of this Agreement except that such conditions
and/or privileges may be changed with advance notice to the Union.
ARTICLE IV - UNION SECURITY
4.1 Checkoff. Any employee who is a member of the Union or who has applied for membership shall sign
and deliver to the Union, who shall forward to the City, an original assignment authorizing deductions of dues
for membership in the Union. Such authorization shall continue in effect from year to year unless revoked or
changed in writing. Pursuant to each authorization, the City shall deduct such dues and initiation fees from the
employee’s pay check(s) each month. The amounts deducted shall be transmitted to the Union no later than
the last day of the month in which the amounts are deducted. It shall be the responsibility of the Union to
notify Payroll of the correct amount of dues to be deducted.
4.2 Hold Harmless. The Union agrees to indemnify and hold harmless the City and its agents for any loss
or damage arising from the deductions in 4.1. No claims shall be filed by employees or the Union for such
deductions made or not made.
4.3 Notification of Bargaining Unit Members. The City will notify the Union of all new hires into the
bargaining unit within ten (10) calendar days from the date of hire and, additionally, every 120 calendar days
the City will provide a list to the Union of all employees in the bargaining unit. Such notifications shall include
the employee’s name, job classification, any available contact information, and date of employment and will be
sent to the official Union address that has been provided to the City.
4.4 Bulletin Board. The City agrees to allow suitable wall space at a mutually agreed upon place in the
Police Department, not to exceed 2' X 3', for a bulletin board, to be used by the Union for the posting of notices
and bulletins relating to the Union. The Union shall limit its posting of Union notices. Such notices shall bear
the signature of the authorizing Union official. The bulletin board shall be used only for the following Union
notices and bulletins:
a. Recreation and social affairs of the Union
b. Union meetings
c. Union elections
d. Reports
e. Rulings or policies of the Union
f. Non-derogatory communications from the Union to the bargaining unit
Any notices posted outside these guidelines may be ordered removed by the City.
4.5 Right of Access. Upon request, the Union Representative (Teamsters Business Agent) may be granted
access to non-working areas to meet with off-duty members of the bargaining unit.
4.6 City Facilities. The Union will be accorded the use of City facilities for bargaining unit meetings in
accordance with City policy for other special interest groups.
7.D.c
Packet Pg. 144
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 4
ARTICLE V - UNION BUSINESS
5.1 Union Business. The City shall grant a reasonable amount of time for, and the Union Stewards shall not
suffer a loss of regular pay as a result of such time spent in, grievance meetings with supervisors or other
representatives designated by the City, or for time spent for matters permitted by ORS 243.798, unless
otherwise specified by this Agreement. Other Union/Management meetings may, when mutually agreed upon,
be held during an employee’s regularly scheduled working hours without loss of pay to the employee.
5.2 Union Representation. The Union shall at all times keep the City informed, in writing, of the names of
its current local officers, stewards, and negotiators. Such written notice shall be provided to the City on January
15th and updated as necessary.
5.3 Collective Bargaining. Collective bargaining between the City and the Union shall be scheduled at
mutually agreed upon times, generally during normal business hours (M-F 8-5), provided that such times do not
unnecessarily interfere with professional duties. Upon advance request, the City will grant time off without loss
of pay for not more than three (3) employees to engage in collective bargaining. It is agreed that time spent by
Union members in actual bargaining shall not result in a loss of pay, nor shall Union bargaining team members
receive any additional compensation directly from the City if the bargaining meetings are conducted outside of the
Union member’s regularly scheduled work hours.
ARTICLE VI - NON-DISCRIMINATION
6.1 Gender. All references to employees in this Agreement designate both sexes, and, while every attempt
has been made to include generic pronouns or both genders, whenever either the male or female gender is
used, it shall be construed to include both male and female employees.
6.2 Application of Agreement. The provisions of the Agreement shall be applied to all employees in the
bargaining unit without discrimination as to marital status, sex, race, color, creed, national origin, age, religion,
any other protected status, union affiliation or political affiliation.
ARTICLE VII - PERSONNEL FILE
7.1 Maintenance of Personnel Files. The City agrees to separately maintain personnel and
confidential/medical files and records in accordance with state and federal laws. The City agrees to maintain
confidential medical information in accordance with the Americans with Disabilities Act (ADA) and Health
Insurance Portability and Accountability Act (HIPAA) and agrees to maintain any other confidential information
as required by any other statute requiring maintenance of confidential information.
7.2 Disclosure of Information. Excluding internal personnel administration, material in an employee’s
personnel file shall only be disclosed as allowed or required by state and federal law or as authorized by the
employee.
7.3 Viewing of Files. Each employee shall have the right, upon request, to review and obtain, at their own
expense, copies of the contents of their personnel file, exclusive of materials received prior to the date of
employment with the City.
7.D.c
Packet Pg. 145
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 5
7.4 Representation. A representative chosen by the employee may, upon the employee’s written
authorization, review an employee’s personnel file and/or accompany the employee in this review.
7.5 Employee Signature and Response. Each employee shall have the opportunity to read any written
material of a derogatory nature that is placed in their personnel file. Disciplinary notices, performance
appraisals, or other similar material that, once included in the employee’s personnel file, is likely to have an
adverse effect on an employee’s reputation or employment status shall be acknowledged, signed and dated by
the employee within 14 calendar days of the employee receiving the document. All materials addressed in this
Section and requiring the employee’s signature shall bear a statement stating, in effect, that signing
acknowledges receipt of the document but does not necessarily indicate agreement. For 30 calendar days after
the employee has signed acknowledging receipt of the document(s), the employee reserves the right to include
in the file a written response to such material, and this response shall be attached to the material in question
and become a part of the employee’s file. If an employee refuses to acknowledge the document by signing as
instructed, the City shall make a note on the document to the effect that the employee refused to sign and
place the document in the personnel file. By refusing to acknowledge receipt of the document, the employee
shall waive any right to provide a written response or request the document be removed in the future pursuant
to 7.6.
7.6 Adding and Removing Documents. Except as otherwise waived in 7.5, an employee shall have the right
to include in their personnel file any material or information considered relevant to that employee’s
employment with the City.
Employees may request that written reprimands over two years old be removed from their file. Such request
must be made, in writing, to the Chief and shall include the specific document(s) the employee is requesting be
removed, and the reason(s) why the employee believes the document(s) should be removed. The Chief shall
investigate and respond to such requests. Written reprimands shall not be removed from the employee's
personnel file if less than two full years has not passed since the acknowledgement date on the document,
other disciplinary action displaying an ongoing pattern of behavior has been imposed during that period, or the
reprimand is for an act of workplace violence, harassment, or discrimination. Any documents removed
pursuant to this section shall be retained in a separate file, if necessary, to comply with records retention
requirements under ORS 166-200-0090.
ARTICLE VIII - PROBATION
8.1 Probationary Period. Every new employee hired into the bargaining unit shall serve a probationary
period. Sworn employees shall serve a probationary period that starts the date of hire and extends for 12
months beyond successful completion of the Department’s field training program. Non-sworn employees hired
to a sworn position shall serve their probationary period under this paragraph and not under 8.2 Promotional
Probationary Period. Non-sworn employees shall serve a probationary period of twelve (12) months from the
date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason.
8.2 Promotional Probationary Period. Employees promoted to a higher classification within the bargaining
unit shall serve a promotional probationary period of twelve (12) months. The Union recognizes the right of the
City to demote an employee on promotional probationary status to their previous position. Demotion of an
employee on promotional probationary status shall not be subject to the grievance procedure and such
7.D.c
Packet Pg. 146
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 6
demotion shall not be considered a disciplinary action. An employee demoted during a promotional
probationary period shall be placed on the pay scale at the classification and step the employee was at prior to
the promotion, except that any length of service increases the employee would have received had they not
been promoted shall be granted to the employee on return to their previous position.
8.3 Scheduling of Probationary Employees. Employees serving a probationary or promotional probationary
period may be assigned shifts, starting times and days off at the discretion of the City. Scheduling of
promotional probationary employees, at the City’s discretion, shall be limited to the first six months of the
promotional probationary period.
ARTICLE IX- SENIORITY
9.1 Definition. Only regular, non -probationary employees shall have seniority. Seniority shall be attained
after completion of the probationary period as set forth in 8.1 and shall thereafter be established as
follows: the employee's length of continuous service in the employee's job classification shall be
referred to as “job classification seniority” and continuous service from the last date of hire within the
bargaining unit shall be referred to as “bargaining unit seniority.” All seniority shall be terminated if
the employee:
1. Quits
2. Is discharged
3. Is laid off and fails to respond to written notice as provided in Section 10.2
4. Is laid off for a period of time greater than twenty four (24) months, or a period of time
equal to their bargaining unit seniority, whichever is shorter
5. Accepts a position outside of the bargaining unit, except as provided for in Section 9.4
6. Fails to report to work at the termination of an extended leave of absence
7. While on leave of absence accepts employment without permission
8. Is retired
9.2 Seniority List. The City will provide to the Union updated seniority lists upon request. One list shall be
“bargaining unit seniority” and include all bargaining unit members by date of hire and one list shall be “job
classification seniority” and include all bargaining unit members by position by date of hire into their current
position.
9.3 Application. Seniority shall apply in layoff and recall, shift bidding, and vacation. Application in layoff
and recall, and shift bidding will be as follows. Vacation request bidding shall be subject to Section 17.3.
9.3.1 Layoff and Recall. If employees in the same classification are being considered for layoff or
recall, job classification seniority shall govern. Probationary employees are not eligible for layoff status
and will be released from employment before non-probationary bargaining unit employees are
considered for layoff. Employees in higher classifications may bump down into a lower job classification
within the same bargaining unit based upon their total bargaining unit seniority. Employees who have
received notice of layoff shall have the right to bump to a lower or lateral classification in the same
bargaining unit, provided that the bumping employee possesses the necessary qualifications,
knowledge, skill and ability to perform the work within the classification. An employee exercising the
right to bump shall displace the employee in the classification with the least amount of bargaining unit
seniority. Employees who bump into a lower classification shall suffer no loss of pay until the beginning
7.D.c
Packet Pg. 147
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 7
of the next pay period, at which time their pay rate shall be adjusted to the step in the new classification
range closest to, but not more than, their former pay rate.
Employees returning to the bargaining unit following recall from layoff shall have vacation selection
determined on the basis of total bargaining unit seniority for the first calendar year following their
return. Thereafter, vacation selection shall be determined on the basis of job classification seniority.
9.3.2 Shift Bidding. Shift selection shall be by job classification seniority. Shift bidding will occur in
the month of November for three (3) four-month rotations during the following calendar year. A blank
schedule will be posted no later than November 1st and the completed bids for the following calendar
year will be posted no later than November 30th. Each Corporal shall bid/work at least one (1) day shift
and one (1) swing/night shift rotation per calendar year.
9.4 Seniority Grace Period. If an employee takes a position with the City outside of the bargaining unit,
and has a minimum of two years of service in the bargaining unit, that employee’s seniority, for the purposes
of shift bidding and vacation selection only, will be reinstated upon a subsequent return to the bargaining unit
except that, for each month spent outside the bargaining unit, one month will be deducted from the employee’s
previously-earned seniority. This provision shall only apply to employees who remain continuously employed
by the City.
ARTICLE X - LAYOFF AND RECALL
10.1 Eligibility for Layoff Status. Only regular employees who have completed their probationary period
shall be eligible for layoff status. Probationary employees shall not be eligible for Layoff and Recall and will be
released prior to non-probationary employees. Layoff status shall last a maximum of twenty-four (24) months
from the date of layoff.
10.2 Recall From Layoff. Notice to an employee of recall shall be made by certified mail sent to the last
mailing address provided to the City by the employee. The employee shall have thirty (30) calendar days to
return to work from the date of receipt of mail notifying the employee of recall from layoff status, or the
employee will forfeit all seniority and their layoff status.
ARTICLE XI - HOURS OF WORK AND OVERTIME
11.1 Work Week. The work week shall consist of a seven day work schedule with five consecutive 8-hour
days followed by two consecutive days off, or, at the discretion of the City, four consecutive 10-hour days
followed by three consecutive days off. The seven (7) day work schedule will begin at the start of the
employee’s first day of work and end 168 hours later.
11.2 Workday. The workday shall consist of an 8-hour day or a 10-hour day within a 24-hour period including
rest breaks, briefing and training periods. The 24-hour period will begin at the start of the employee’s workday
and end 24 hours later. Employees shall not be scheduled to work with less than 8 hours between shifts unless
an emergency exists.
7.D.c
Packet Pg. 148
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 8
11.3 Other Work Schedules. The Union and the City may, by mutual agreement, employ any other work
schedule, either temporarily or permanently, which may be adopted for the entire Police Department, or any
job classification within. Such schedule may involve adoption of a “7k exemption.”
11.4 Schedule Changes. Notwithstanding Sections 8.3 and 9.3.2, substantive changes to the work schedule
that impact an employee’s normal schedule for six (6) or more calendar days shall require 60 days notice. To
the extent possible, employees shall be given at least six (6) calendar days’ notice of any temporary changes to
the work schedule, work shift, starting time, or scheduled days off. Probationary employees may be assigned
work shifts, work schedules, starting times and days off at the discretion of the City.
If an employee is assigned a schedule change with less than six (6) calendar days’ notice, the employee shall be
paid a 10% shift change differential for each non-overtime hour worked during the six (6) calendar days.
Nothing in this Section is intended to prohibit an employee from initiating a voluntary change to their schedule,
which would be subject to supervisory approval. Employees who are assigned to light duty, attend employee
training, or placed on administrative leave may, with reasonable notice, be placed on an alternative work
schedule at the discretion of the city.
11.5 Work Shift. Each employee shall be scheduled to work on a regular shift, and each employee shall
have regular starting and quitting times that are the same each workday.
11.5.1 Shift Trades. Non-probationary employees may agree in writing, solely at their option and with
the approval of the City, to substitute for one another during scheduled work hours in performance of
work in the same capacity. The City shall have no obligation to keep a record of the hours of substitute
work nor ensure that the trade is reciprocated. The hours shall be excluded by the City in the calculation
of the hours for which the substituting employee would otherwise be entitled to overtime
compensation. Each employee will be credited as if that employee worked his normal work schedule
for that shift.
11.6 Overtime. All overtime must be approved in advance. In no case will the employee be compensated
twice for the same hours.
11.6.1 Non-Sworn Positions. Overtime shall be paid to non-sworn bargaining unit members for all
hours worked in excess of 40 hours during the basic workweek, working on a regular day off, or in excess
of a regular scheduled workday as defined in 11.1 and 11.2.
11.6.2 Sworn Positions. Sworn employees shall receive overtime compensation when required to
work in excess of the normal workday, working a scheduled day off, except when the work on a
scheduled day off is the result of an employee-requested shift trade, or working more than the
allowable hours in a work period under the FLSA “7k exemption” (i.e., more than 86 hours in a 14-day
work period or 171 hours in a 28-day work period). Overtime shall be paid at a rate of one and one half
times the employee’s pay rate in accordance with applicable state and federal laws.
11.6.3 Academy Hours. Sworn employees, while attending the Academy, shall receive overtime
compensation when required to work in excess of the normal workday; including required extra
programs and assignments. All hours outside the normal workday must be preapproved and all hours
must be reported on the employee’s timesheet.
7.D.c
Packet Pg. 149
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 9
11.7 Compensatory Time. An employee may elect to receive compensatory time (comp-time) in lieu of
overtime pay as the form of compensation for any overtime worked, provided the employee has not reached
the maximum accrual amount. Comp-time shall accrue at a rate of one and one half times the overtime hours
actually worked, to a maximum comp-time accrual of 100 hours. Accrual balances shall reflect the number of
hours available to the employee. At the City's option, at the end of the fiscal year, or prior to an employee
changing job classifications, comp-time balances may be paid off, at the employee’s straight-time hourly rate.
Comp-time shall be taken off at times mutually agreed upon, subject to the operating needs of the department,
and scheduled off in the same manner as vacation and holiday time. Employees may request and be paid up to
40 hours of comp-time on the December 20th paycheck provided the request is made to Human Resources by
December 1st.
11.8 Call Back. Employees called back to work, or for scheduled Court time, shall receive overtime pay for
the time for which they are called back. If called back, the employee shall be credited with not less than two (2)
hours, or four (4) hours on an employee’s scheduled days off. For the purposes of this section, an employee’s
“scheduled days off” shall begin at the regular quitting time on the last work shift prior to the employee’s
scheduled days off and end at the beginning of the employee’s next regularly scheduled work shift. A callback
that occurs while an employee is on paid leave will be treated as though it occurred on a scheduled day off if
the leave was approved at least seven (7) days prior to the notice of the work assignment resulting in the
callback.
Call back time resulting in overtime as defined in Article 11.6 shall be compensated at time and one-half and
may be compensated as overtime pay or comp-time in lieu of overtime pay. This section does not apply to
scheduled overtime, or time annexed at the beginning or end of the scheduled work shift. If, at the end of the
shift, an employee has departed the City's premises for less than one hour before being called back, the time
shall be considered hold over time, and shall be compensated as overtime in accordance with Article 11.6 and
11.7, but not considered call back time.
Call Back compensation is intended as full compensation for all work and/or court appearances falling within
the two-, or four-hour period.
11.9 Court Scheduled Between Night Shifts. In the event a sworn police officer who is scheduled to work two
consecutive night shifts actually worked the first night shift and is subpoenaed to be in court for work-related
reasons between the end of the first night shift and the start of the second night shift, the following shall occur:
a. If the total hours actually spent in court are less than 6, or the officer uses paid leave to take the
second night shift off, the time actually spent in court will be computed as overtime per section 11.6.
b. If the total hours actually spent in court are 6 or more, the employee will be given the scheduled
night shift immediately following the court appearance off. The employee will not receive additional
pay for the hours worked between the night shifts, but will be paid as if they worked their regularly
scheduled second night shift.
11.10 Rest Periods.
11.10.1 Non-Sworn Positions. A paid rest period of 15 minutes shall be permitted for non-sworn
personnel during each half shift (one break for each four-hour segment) which shall be scheduled by
7.D.c
Packet Pg. 150
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 10
the City in accordance with the operating requirements of each employee's duties, and needs of the
City. Employees may, with supervisor approval, schedule their rest periods consecutively with their
meal period.
11.10.2 Sworn Positions. Sworn police officers working an 8 or 10 hour work schedule shall be
permitted a paid rest period of 15 minutes during each four-hour segment of their work shift, to the
extent consistent with public safety considerations and the operational requirements of the City.
11.11 Meal Periods.
11.11.1 Police Support Specialists. Police Support Specialists shall be granted an unpaid meal period
of at least 30 minutes during each work shift of more than 6 consecutive hours. To the extent consistent
with the operational requirements of the City, each meal period shall be scheduled in the middle of the
employee's work shift, or as near thereto as possible. Meal periods cannot be taken at the beginning
or end of a work day to shorten the workday.
11.11.2 Sworn Positions and Community Service Officers. Sworn positions and Community Service
Officers shall be permitted a paid 30-minute meal period during each scheduled work shift. Employees
must remain available to respond to emergency calls for service during their paid meal break; however,
to the extent possible, every attempt shall be made to allow an uninterrupted meal break.
11.12 Detective On-Call. Sworn police officers assigned as detectives may be required to respond to after-
hours calls. An on call list shall be established to schedule these officers for on call status. The on call rotation
schedule shall be designed such that each detective shall be designated as the on call detective for one-half (½)
month. The on call detective shall be required to carry a cell phone during non-work hours for the duration of
on call status for the purpose of being called to work during such non work times. The on call detective shall
be required to remain within a 30-minute response time to the Central Point Police Department and shall
remain intoxicant-free for the duration of the on call period.
Detectives assigned on call status shall be allowed to trade on call assignments with prior approval of the
Operations Commander. It is the responsibility of the detectives to ensure that the necessary personnel are
made aware of any changes to the on call schedule. In the event the scheduled on call detective is unable to
respond to call outs for any reason, the detective shall be required to notify the Operations Commander in
order to be relieved of on call duty. In the event that no detective is available to be on call, the City may, in its
sole discretion, direct a member of the police command staff to be on call.
11.12.1 On-Call Compensation. An employee required to respond to an after-hours callout while on call
shall be compensated in accordance with Article 11.8, Call Back. In addition to any compensation for actual
hours worked in response to calls while on call, an employee shall receive $400.00 for each one-half (½)
month rotation of on call status. At the employee’s option, and provided the employee is not at or near the
maximum accrual of comp-time, vacation and/or holiday bank hours, the employee may elect to receive ten
(10) hours of time off in lieu of on-call pay. It shall be the responsibility of the on call detectives to trade or
adjust shifts as necessary. No adjustment to compensation shall be made for such adjustments.
An employee who is receiving on-call compensation under Section 11.12 above prior to July 1, 2013
shall receive on-call compensation at a rate of their hourly pay rate times 10 hours for each ½ month
of on call rotation.
7.D.c
Packet Pg. 151
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 11
ARTICLE XII – COMPENSATION
12.1 Pay Schedule. Appendix A, attached hereto, and by this reference incorporated into and made part of
this Agreement, shall become the effective pay schedule as indicated thereon through June 30, 2026.
12.1.1 Base Pay. Base pay shall refer to the dollar amount referenced on the pay schedule.
12.1.2 Pay Rate. Pay rate shall refer to the base pay plus any incentives or assignment pay.
12.2 Pay Periods. Employees shall be paid on the regularly established pay dates which occurs two times
each month. Pay days shall be the last working day prior to the established pay dates, when those days fall on
a weekend or holiday. Additional pay such as vacation/holiday sellbacks will be included in the regular paycheck.
12.3 Steps. The letters A, B, C, D, E, F, G denote the steps in the pay range. The entrance step shall be A,
except by special approval of the City Manager. Advancement to Step B shall be made upon successful
completion of twelve (12) months of the probationary period. Thereafter, eligibility for advancement to a higher
step shall require the completion of one (1) year of service in the lower step of the range, AND written
recommendation and authorization from the Chief.
12.4 Changes in Position and/or Grade. When an employee changes classification resulting in a move to a
higher or lower grade, changes in pay shall be as follows:
12.4.1 Change to a Higher Grade. When an employee is promoted from Police Officer to Corporal,
the employee shall be placed in the new grade at the same step they occupied before the promotion.
Advancement to a higher step following the promotion shall require the completion of one year of
service in the lower step, as outlined in Section 12.3.
Non-sworn employees moving to the Police Officer classification shall be placed at Step A of the Grade,
unless they possess a current Police Officer Basic Certification and have a minimum of two (2) years of
equivalent paid sworn experience.
12.4.2 Change to a Lower Grade.
a. Change Due to Employer-Driven Reasons: When an employee’s job classification changes to a
lower grade due to an employer-driven reason such as reorganization or restructuring of the position,
the employee shall be placed in the new grade at the step closest to, but not more than, the employee’s
previous step’s amount, and “frozen” at their pay rate at the time of the change until such time as the
pay scale amount “catches up to” the “frozen” pay rate. If, after two years, if the pay scale amount has
not “caught up to” the “frozen” pay rate, the City may adjust the employee’s pay down to the base pay
on the current pay scale commensurate with the employee’s position and then add any incentive or
assignment pay to set the new pay rate.
b. Change Due to Employee-Driven or Employee-Related Reasons: When an employee’s job
classification changes to a lower grade due to an employee-driven or employee-related reason such as:
transfer at the request of the employee; transfer as a reasonable accommodation under the ADA;
disciplinary demotion (for conduct or performance reasons); restructuring of a job in conjunction with
performance management efforts (i.e., removal of substantive job duties to accommodate or adjust for
an employee’s deficiencies or limited capabilities); a job transfer based on poor performance or
7.D.c
Packet Pg. 152
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 12
discipline; or demotion resulting from failure to achieve a transfer or promotion if the option of
remaining in the current position is not available, the employee’s base pay shall be set at the new grade
at the step closest to, but not more than, the employee’s previous step’s amount. Any incentives or
assignment pay shall be added to the new base pay and the employee’s pay rate shall be adjusted to
the lower rate on the first day of the first full pay period following the effective date of the job change.
12.5 PERS Contribution. The City will continue to participate in the Oregon Public Employees Retirement
System (PERS) or its successor as determined by the State of Oregon for the life of this Agreement. The
employee’s six percent (6%) contribution shall be paid by the City. If the employee’s contribution increases
during the life of this Agreement, the parties agree to reopen this Section of the Agreement and bargain the
change.
12.6 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions, in the
deferred compensation program offered through the City.
ARTICLE XIII - INCENTIVE PAY
13.1 DPSST Certification. Sworn bargaining unit employees shall be eligible for incentive pay for DPSST
certification. Certification incentive pay of $145 per month shall be added to an employee's base pay for a
DPSST Intermediate Certificate. This incentive shall be increased to a total of $290 per month additional pay for
a DPSST Advanced Certificate. Effective 7/1/24, three and one-half percent (3.5%) for a DPSST Intermediate
Certification or seven percent (7%) for a DPSST Advanced Certification of an employee’s base pay shall be added
to an employee’s monthly base pay. Certification incentive pay shall be paid at one level only. Certification
pay shall begin on the first day of the first full pay period following the date written documentation of the
certification is submitted by the employee to the Human Resources office.
13.2 Educational Incentive. Bargaining unit employees shall receive additional compensation added to the
base pay for college degrees earned from a regionally accredited institution, as specified in the table below. An
official transcript verifying the degree must be provided before educational incentive pay will be granted.
Incentive pay for education shall be limited to possession of the degree. Education incentive shall be paid for
only one degree at any given time, regardless of how many degrees an employee possesses. Payment for
possession of such degree shall begin on the first day of the first full pay period following the date the degree
was conferred as specified on the official transcript and received by Human Resources.
Associate’s Degree $150 per month
Bachelor’s Degree $300 per month
Master’s Degree $450 per month
13.3 Bilingual/Sign Language Pay. Employees who are determined to be fluent in speaking Spanish or
competent in sign language, as certified by an instructor approved by the City, shall receive an additional five
percent (5%) per month added to the base pay.
13.4 Calculation of Incentive Pay. Certification, education, and bilingual incentive pay shall be added to the
employee’s base pay. Incentive pay shall be added to the base prior to assignment pay being calculated. For
example, if an employee receives incentive pay for Intermediate certification and assignment pay for field
training officer, the employee’s base pay would be increased by the appropriate amount for incentive pay and
then multiplied by the appropriate assignment pay multiplier.
7.D.c
Packet Pg. 153
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 13
ARTICLE XIV – SPECIAL ASSIGNMENTS and COLLATERAL DUTIES
14.1 Special Assignments. Special assignments are formed as required to meet the evolving operational
objectives of the department, and to advance professional growth through a diversity of assignments. The
participation of department personnel in special assignments shall be based on demonstrated ability and
suitability as measured by past and ongoing performance evaluations and needs of the department, with the
fundamental objective being to select and retain the most capable personnel for these positions. Special
assignments are not tenured and all discretionary management rights as defined in this Agreement shall apply.
Special assignments and collateral duties may include, but are not limited to nor required to be established:
Detective, School Resource Officer (SRO), Bike Team officer, Canine Officer, DARE officer, Range Master,
Survival Skills Instructor, F-6 Training Instructor, Evidence Technician, Volunteer Advisor, Explorer Advisor, and
Field Training Officer. These are special duty assignments, not separate positions within the bargaining unit.
Additional compensation for special assignments and collateral duties shall be as set forth in this article, and
limited to only the assignments and collateral duties specified below.
14.2 Detective. Police officers assigned to the role of detective shall have five percent (5%) added to their
pay rate for the duration of the assignment.
14.3 School Resource Officer. Police officers assigned to the role of school resource officer shall have five
percent (5%) added to their pay rate for the duration of the assignment.
14.4 Field Training Officer. Police officers, including those assigned to Detective or School Resource Officer,
expressly assigned by the city as a Field Training Officer shall receive an additional five percent (5%) on their
pay rate for all hours actually served in the full capacity as a Field Training Officer. FTO assignment pay shall
not be granted for less than 30 minute intervals. In no event shall an employee receive FTO pay during any
period in which no trainee is assigned to that officer, nor shall more than one officer receive FTO pay for training
the same trainee at any given time. It is understood that the Field Training Officer responsibility is incorporated
within the job duties of Corporal and, therefore, this Section does not apply to Corporals.
14.4.1 PSS Training. Police Support Specialists temporarily assigned by a supervisor to train one or
more employees using the Department training curriculum or similar documentation of such training shall
receive an additional five percent (5%) added to their base pay for the time engaged in that assignment.
14.5 F-6 Training Instructor. A Police Officer who is assigned to provide training lasting at least two hours to
Central Point police staff shall receive an additional five percent (5%) added to their pay rate. The Officer must
be an industry-recognized certified trainer in the training topic. Hours eligible for this additional pay is limited
to the actual hours engaged in training (hours as recorded on the DPSST F-6 form).
14.6 Canine (K-9) Care. The K-9 handler shall receive two hours overtime per workweek to compensate for
the K-9 care. K-9 care includes feeding, grooming, kennel cleaning, and otherwise caring for the assigned
canine. For care hours that are beyond the two hours, the handler will follow departmental procedures for
working overtime.
14.7 Evidence Technician. A Police Support Specialist assigned the duties of Evidence Technician shall have
five percent (5%) added to their pay rate for the duration of the assignment. A Police Support Specialist required
to substitute for the assigned Police Support Specialist in the latter’s absence for more than two (2) hours per
continuous absence will receive the five percent (5%) differential for each hour of substitution, including the
first two (2) hours.
7.D.c
Packet Pg. 154
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 14
14.8 Acting in Capacity. When a bargaining unit employee serves in the capacity of another employee on a
short-term basis, the employee shall be deemed as “Acting in Capacity” and paid as follows:
14.8.1 Officer in Charge. For every hour or portion thereof, but in not less than quarter-hour
segments, when a police officer serves in the capacity of Officer in Charge in the absence of the duty
Lieutenant or Corporal, and with the express authorization of the Chief of Police, Captain, or authorized
designee thereof, the officer shall receive five percent (5%) additional compensation on their pay rate
for such time as they actually serve as the Officer in Charge. The pay rate shall be calculated as follows:
the (acting) officer’s hourly base pay according to the current pay scale, plus any incentive pay, plus any
assignment pay multipliers, multiplied by five percent (5%). This section does not apply to Corporals.
14.8.2 Interim Status. When a bargaining unit employee fully takes on the duties of another
employee in place of their own job duties for a period of time in excess of one (1) work week, that
employee shall be compensated at the pay grade of the interim position, placed at the lowest step in
that grade that is not less than five percent (5%) more than the employee’s current grade and step.
14.9 Calculation of Assignment Pay. Assignment Pay as set forth in this section shall be added to the
employee’s base pay after any incentive pay is added. For example, if an employee receives incentive pay and
assignment pay, the employee’s base pay would be increased by the appropriate amount for incentive pay and
then multiplied by the appropriate assignment pay multiplier. Assignment pay shall normally not compound or
pyramid except that an employee assigned as a Detective or SRO may receive other assignment pay if the
assignment occurs concurrently with the assignment as Detective or SRO.
ARTICLE XV - UNIFORMS
15.1 Uniforms. Uniforms and other protective clothing or safety wear, including duty belts and associated
equipment, and weapons required for a police officer by law or by the City or required for other bargaining unit
members by law or by the City, shall be provided by the City. Each Police Officer and Community Service Officer
shall receive reimbursement of up to $400, for the duration of this contract, to purchase and maintain approved
footwear. Employee may use their P-Card or seek reimbursement for footwear expenses. Each Police Support
Specialist shall receive a one-time $400 uniform payment, for the duration of this contract, to purchase uniform
slacks and footwear. Payments/reimbursements will be prorated for new employees.
Employees thus provided shall wear such uniforms, protective clothing, equipment, and safety wear in the
manner required by law or by the City. No employee shall wear or use any such uniform, footwear, protective
clothing or safety wear provided by the City save and except on the job.
15.2 Uniform Cleaning. Uniform cleaning will be provided by the City in a manner such that employees shall
have sufficiently clean uniform clothing to wear, normally one uniform per work week. It is the responsibility of
the employee to submit uniforms for cleaning as necessary, and to maintain footwear, duty belts and associated
equipment, and weapons in a safe and professional manner in accordance with department standards.
Employees are expected to display a clean, neat, and professional appearance. This Section applies only to City-
issued uniforms or approved clothing for plain clothes officers referenced in 15.3.
15.3 Clothing Allowance. Sworn bargaining unit employees assigned to plain-clothes detective duty shall
receive reimbursement for up to $750 upon initial assignment to plain-clothes duty. For each subsequent year
of plain clothes duty assignment, the employee shall receive up to $600 per year for a clothing allowance. The
clothing allowance shall be paid upon presentation of receipts for approved clothing. In the event the plain-
7.D.c
Packet Pg. 155
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 15
clothes assignment is expected to last less than one full year, the amount of the clothing allowance shall be
prorated. Clothing must be appropriate for the assignment and meet Department standards. The uniform
cleaning provision in 15.2 shall apply to applicable duty-related clothing of employees covered by this section
of the Agreement but shall not include items that can be cleaned using a household clothes washer. Cleaning
under this section shall be limited to applicable clothing that needs cleaned because of work-related use, and
shall not be excessive.
ARTICLE XVI - EXPENSE REIMBURSEMENT
16.1 Educational Reimbursement. The City will reimburse an employee for 50% of tuition paid by the
employee for college courses provided that:
a. Funds for such expenditures are considered by the Chief to be available in the current budget;
b. Reimbursements shall not exceed $5,250 per calendar year and not above the amount the IRS
excludes from wages; up to a maximum “lifetime” aggregate of $15,000
c. The employee has made written application for approval of the course and tuition reimbursement
to the department head at least ten (10) days prior to the registration for such course and the
request is approved, in advance, by the Chief;
d. The employee does not receive reimbursement for tuition from any other source;
e. The course is through a regionally accredited institution of higher education;
f. The coursework and course attendance are conducted outside the employee's regular working
hours;
g. The employee submits evidence of satisfactory completion of the course with a C or better passing
grade.
16.2 Travel Expenses. When an employee is required or otherwise authorized to travel outside the County
on City business, reimbursement for expenses incurred shall be determined in accordance with City policy
except as follows.
a. Prior to traveling outside the City, the employee shall obtain approval for the trip and the mode of
travel from the department head.
b. Travel on official business outside the City by a single individual shall normally be via public carrier
or City-owned vehicle. If the employee is authorized to use a private vehicle, mileage shall be paid
at the 75% of the current IRS rate. This rate is all inclusive and covers all travel expenses including
vehicle, fuel, parking, insurance and maintenance expenses of the vehicle.
c. If more than one City employee is traveling to the same location, the most economical mode of
travel should be used, including ride sharing and vehicle rental.
16.2.1 Meals. Payment of meals eaten while on official trips shall be limited to the amount of actual
and reasonable expense incurred during the performance of duty as a City employee. Authorized meals
during approved travel shall be purchased using the City-issued purchasing card whenever possible.
The City will use the General Services Administration rates when approving meal allowances,
incidentals, and travel on the first & last day of travel. (gsa.gov/travel-resources) If an employee’s
approved travel involves more than one meal due to the actual length of the trip, the employee can
spend up to the authorized combined total amount for those meals, at their discretion.
7.D.c
Packet Pg. 156
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 16
Meals included in the cost of lodging (i.e., breakfast), or included in the cost of event registration, shall
not be compensated for twice and the dollar value of that meal shall be deducted from the daily meal
& incidental total. Employees electing to not participate in such included meals shall be personally
responsible for any additional meal expenses. Snacks or “coffee breaks” are not normally considered
meals under this section.
16.2.2 Lodging. Employees traveling in accordance with this Section shall be approved for reasonable
actual costs for lodging.
16.2.3 Use of Purchasing Card. Employees shall use their city-issued purchasing card to pay for
approved travel expenses including lodging, airfare or rental vehicle, and authorized meals. Itemized
receipts accounting for all purchasing card transactions shall be submitted in a timely manner.
16.3 Fitness Incentive Reimbursement. The City will reimburse employees up to thirty-five dollars ($35.00)
per month toward membership in a recognized fitness club, weight management program, or City of Central
Point Recreation health/fitness program in which they are actively participating. The City retains the discretion
to determine which clubs or programs are eligible for this reimbursement, but any denial of a reimbursement
request may be processed only up to Step 3 of the grievance procedure. Employees will be reimbursed through
payroll provided they submit itemized receipts for membership fees within six (6) months.
16.4 Taxation. All reimbursements are subject to being taxed in accordance with IRS code. If an employee
uses a purchasing card for travel-related meals that are taxable, the employee must submit copies of purchasing
card receipts with their timesheet.
16.5 Reimbursement for Training of Police Officers. Per ORS 181A.620, the City shall seek reimbursement
of qualifying training expenses from subsequent law enforcement units for Police Officers who voluntarily leave
employment.
ARTICLE XVII – VACATION
17.1 Accrual. Effective July 1, 2023, paid vacation leave shall accrue on the following basis for full time
employees:
Service Time Pay Period Accrual Annual Accrual Maximum Accrual
1-48 months 3-1/3 Hours 80 Hours 160 hours
49-96 months 5 Hours 120 Hours 240 hours
97-144 months 6-2/3 Hours 160 Hours 320 hours
145+ months 8-1/3 Hours 200 Hours 400 hours
a. Vacation leave shall accrue on a semi-monthly basis based upon the employee's date of hire.
b. New, probationary employees shall not be eligible to use vacation leave until they have completed
six (6) full months of employment. If the employee resigns or is terminated during this six (6) month
period, no vacation payout will be owed. Newly hired lateral police officers or rehired City of
Central Point police officers may receive up to five years of service time as a police officer towards
their vacation accrual.
7.D.c
Packet Pg. 157
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 17
c. Vacation leave shall accrue during any paid leave of absence. Accruals will be prorated each pay
period with any absence without pay or utilizing Paid Leave Oregon; refer to 21.4 Leave Accrual
While on Leave Without Pay.
d. Vacation leave shall accrue to the employee’s bank after the hours are worked for the pay period
and shall not be available for use until the following pay period.
e. Only vacation hours previously accrued can be used; anticipated accrual hours may be scheduled,
but such scheduling of use must be for time after the hours are actually accrued. Negative vacation
accrual balances are not allowed.
f. Part-time bargaining unit employees shall accrue vacation leave in direct proportion to full time
equivalency. For example, an employee working half time would accrue vacation at 1-2/3 hours per
pay period for 0 to 5 years, 2.5 hours per pay period for 5 to 10 years, etc.
17.2 Accrual Limitations. The purpose of vacation accrual is to provide employees with paid time away from
work and is not intended to accrue to unreasonable levels. Vacation leave may accrue to a maximum of two
times the annual accrual amount. Employees are responsible for the management of their leave banks. If an
employee’s vacation bank balance reaches the maximum accrual cap, the employee shall not accrue any
additional vacation leave until such time as the balance is below the cap. The one, and only, exception to the
above is when an employee has submitted a proper and timely request to use vacation in an amount of at least
one full workday and that request has been approved by an authorized approver, then the approved request is
revoked by the Chief or Captain and such revocation causes the employee to lose vacation accrual due to having
reached the cap. If the conditions of this exception occur, the employee will be paid for the vacation hours that
would otherwise be lost. This provision shall only pertain to the loss of vacation hours due to the cap and shall
not be construed as to prevent the City from denying or revoking vacation requests on the basis of operational
needs.
17.3 Vacation Selection. Employees shall have the right to determine vacation times, subject to scheduling
requirements for public service based upon the needs of an efficient operation, the availability of vacation relief,
and the City's right to arrange scheduling so that each employee has an opportunity to, if they choose at some
time during the calendar year, to use the full amount of the vacation credit which they will accumulate in twelve
months of continuous service.
Vacation scheduling selections shall be made on the basis of bargaining unit seniority. However, each employee
will be permitted to exercise their right of seniority only during the vacation bid process. No employee will be
allowed to use their seniority to cancel another employee’s scheduled vacation. See Article 9.3.2 Seniority -
Vacation and Time Off Bidding.
The City shall post a blank vacation calendar no later than December 1st for vacation bidding for the following
calendar year. The City may designate certain dates as restricted for vacation scheduling for legitimate
operational needs. Restricted dates shall be limited to one sworn bargaining unit employee bidding that day
off. Each employee, in descending order of seniority, will be allowed to select one continuous vacation period
from the available dates on the calendar, not to exceed two work weeks without the approval of the Chief.
Once each employee has had the opportunity to make a vacation selection, each employee shall have a second
opportunity to make vacation selections based on seniority. The approved seniority-bid vacation calendar will
be posted no later than January 1st.
7.D.c
Packet Pg. 158
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 18
Once the second round of seniority-based selections are made, all other vacation scheduling shall be without
regard to seniority and will be considered on a first-come, first-served basis, in accordance with staffing
requirements as determined by the City.
The City will respond to vacation requests, after the annual seniority bid process, on a first-come first-serve
basis and without unreasonable delay once operational staffing considerations have been reviewed by the
department, and if submitted at least seven (7) calendar days in advance. Notwithstanding, requests submitted
with less than seven (7) days’ notice that do not trigger the schedule change differential as outlined in Section
11.4 will be considered and may be approved on a case-by-case basis.
17.4 Termination. Upon termination of employment, an employee shall be paid for all accrued but unused
vacation.
17.5 Sell Back. Once each fiscal year, an employee may request to sell back to the City up to forty (40) total
hours of accrued vacation time or accrued holiday time, or a combination thereof, in excess of eighty (80)
vacation hours. Employees choosing to exercise this option must advise the City in writing, through the
department manager. The City shall make every effort to distribute the funds within thirty (30) days of the
request.
ARTICLE XVIII – HOLIDAYS
18.1 Holidays: Full-time, Police Support Specialists. Full-time, Police Support Specialists shall be entitled to
eight (8) hours of time off with pay for the following holidays:
(a) New Year's Day, January 1
(b) Martin Luther King's Birthday, third Monday in January
(c) President's Day, third Monday in February
(d) Memorial Day, last Monday in May
(e) Juneteenth, June 19
(f) Independence Day, July 4
(g) Labor Day, first Monday in September
(h) Veterans' Day, November 11
(i) Thanksgiving Day, fourth Thursday in November
(j) Day after Thanksgiving Day
(k) Day before Christmas, December 24
(l) Christmas Day, December 25
(m) Two (2) floating holidays
18.1.1 Eligibility. Full-time employees must have worked or have been on paid leave the last work day
before and the first work day following a holiday in order to receive holiday pay.
Part-time employees covered by this Agreement shall be entitled to time off with pay for the above
holidays and shall be compensated in proportion to the number of hours per month they are normally
scheduled to work, regardless of whether or not the part-time employee is scheduled to work the
holiday, provided the part-time employee is scheduled to work after the holiday.
7.D.c
Packet Pg. 159
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 19
18.1.2 Holidays. Holidays which occur during vacation or sick leave shall not be charged against such
leave. If a holiday listed in 18.1 falls on a Sunday, the following Monday shall be given as a holiday
unless Monday is already a holiday, then the preceding Friday shall be given as the holiday. If a holiday
listed in 18.1 falls on a Saturday, the preceding Friday shall be given as the holiday unless Friday is
already a holiday, then the following Monday shall be given as the holiday. Holidays must be used on
the day established as the City holiday.
18.1.3 Floating Holidays. Floating holidays shall accrue on January 1 and July 1 of each year, provided
the employee is actively employed on January 1 or July 1. Floating holidays may not be taken in advance
of accrual. Floating holidays must be taken during the calendar year in which they are accrued, and
they must be used in no less than one-hour increments and with prior approval of the supervisor.
Unused floating holidays shall be paid upon termination.
18.2 Holiday Accrual: Full-time, Community Service Officers and Sworn Personnel. On each July 1st, 112
holiday hours will be credited. Credited hours will be prorated for new employees. Credited hours shall be
subject to the 112 hour cap. For example, if an employee has more than 52 hours in their holiday bank as of
June 30th, the number of hours to be added to the bank shall be adjusted so that the total is not more than 112
hours. The one, and only, exception to forfeiture of hours is if an employee has made a proper and timely
request to take holiday time off and has received approval for such request, then the approved request is
subsequently revoked by the Chief or Captain, any hours that would be forfeited due to the revocation shall be
compensated at the straight time rate of pay.
Holiday leave shall be utilized in accordance with established department procedures on an hour-for-hour basis.
The City will respond to holiday time off requests, after the annual seniority bid process for vacations, on a first-
come first-serve basis without unreasonable delay once operational staffing considerations have been reviewed
by the department, and if submitted at least seven (7) calendar days in advance. Notwithstanding, requests
submitted with less than seven (7) days’ notice that do not trigger the schedule change differential as outlined
in Section 11.4 will be considered and may be approved on a case-by-case basis.
18.3 Holiday Sell Back. Employees may opt to sell back earned Holiday hours in accordance with Section
17.5.
ARTICLE XIX - SICK LEAVE
19.1 Accrual. Sick leave shall be earned by each full-time employee at the rate of four (4) hours for each full
pay period of service completed. Part-time employees shall accrue sick leave each month in an amount
proportionate (based on hours worked each pay period) to that which would be accrued under full-time
employment. An employee may accrue an unlimited amount of sick leave.
19.2 Utilization. Employees may utilize their allowance of sick leave when unable to perform work duties by
reason of illness or injury, serious illness in the immediate family, for emergency personal medical or dental
care, exposure to contagious disease under circumstances by which the health of fellow employees or members
of the public necessarily dealt with would be endangered by attendance of the employee in the opinion of the
City, and under the federal and state Family Medical Leave Acts. Sick leave shall be charged on an hour-for-
hour basis. Abuse of sick leave privilege shall be cause for discipline and/or dismissal.
7.D.c
Packet Pg. 160
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 20
19.3 Notification. An employee who is unable to report to work because of any of the reasons set forth in
Section 2 above shall report the reason for their absence to the designated department representative as soon
as possible and prior to the time they are expected to report to work. Sick leave with pay shall not be allowed
unless the employee has complied with the posted reporting procedure or made a reasonable attempt to
comply. In absences of three (3) days or more, the City may, at its discretion, require the employee to provide
a written statement from a physician certifying that the employee's condition prevented him from appearing
for work and that the employee is released to return to work without restrictions. The City will establish the
procedure for contacting the designated department representative. An employee is required to provide their
supervisor with sufficient information about their absence to allow the supervisor to reasonably determine the
need for or applicability to leave under the federal and/or state Family Medical Leave Act(s).
19.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the time of
resignation or dismissal of an employee.
19.5 Leave Without Pay\Layoff. Sick leave shall accrue during any paid leave of absence. Accruals will be
prorated each pay period with any absent without pay or utilizing Paid Leave Oregon; refer to 21.4 Leave
Accrual While on Leave Without Pay. Employees shall not accrue leave while on layoff status except as required
under state or federal law; however, the returning employee shall have any previously accrued sick leave
restored upon return to employment.
19.6 Immediate Family. Per FMLA/OFLA. Family members includes: spouse, same-gender domestic partner,
parent (custodial, non-custodial, foster, biological, step, in-law, parent of domestic partner) grandparent or
grandchild of the employee, or a person with whom the employee is or was in a relationship of in loco parentis,
child (biological, adopted, foster, step, or child of same-gender domestic partner) Child may be either a minor
or an adult.
The City also recognizes as immediate family members for the purposes of this Article: domestic partner, minor
sibling, other relative living in the employee’s household, or other individual for which the employee has a
legitimate and ongoing caretaker relationship.
19.7 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course of
employment, the City's obligation to pay Sick Leave is limited to the difference between any disability payment
or time loss payment received under Workers' Compensation Laws and the employee's gross pay. When sick
leave is paid in conjunction with worker’s compensation time loss, prorated charges of ⅓ of the employee’s
regularly scheduled work hours will be made against accrued sick leave. In such instances, Public Employees
Retirement System (PERS) benefit will be prorated according to the amount of compensation paid by the City.
19.8 Retirement. Unused sick leave accrual balances will be reported to PERS upon separation from
employment. Employees may utilize unused sick leave accrual upon retirement in accordance with any benefits
as provided for in PERS and applicable legislation.
19.8.1 Accrued sick leave for OPSRP members. Upon retirement from the City of Central Point, a
member of the Oregon Public Service Retirement Plan (OPSRP), sick leave in excess of 600 hours up to 960 hour
accumulated maximum shall be cashed out at 25% of the employee’s base wages and deposited into the
employee’s HRA-VEBA account. This paragraph may be reopened if this benefit becomes taxable by the
Affordable Care Act or subsequent law.
7.D.c
Packet Pg. 161
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 21
19.9 Paid Leave Oregon. The City shall participate in Paid Leave Oregon (PLO) or its successor for the
duration of this contract. The Employee portion shall be withheld from the employee’s paycheck. The City shall
pay the Employer contribution. Employees may choose to utilize accrued sick, vacation, comp time, or holiday
pay, for absences to supplement wages paid by the state, up to 100% of their regular gross wages. Employees
shall notify the City per OAR 471-070-1310 and make note on their timesheet each day PLO is used and the
amount of accrued leave used. See Section 21.4 Leave Accrual While on Leave Without Pay.
ARTICLE XX - LEAVE OF ABSENCE WITH PAY
20.1 Bereavement Leave. In the event of a death in the employee's immediate family, under FMLA/OFLA as
defined in 19.6, an employee may be granted a leave of absence of up to two weeks within 60 days of the date
of death. The employee may utilize up to three calendar days of City paid bereavement leave. The employee
may use other leave, including sick leave, for the remaining days off. Upon request, an employee may be
granted additional leave, including use of accrued sick leave.
In addition to all immediate family members defined in 19.6, the City recognizes “Immediate family” for the
purpose of receiving up to three days of bereavement leave to include sibling, step sibling, sibling-in-law, or
foster sibling; grandparent, step grandparent, grandparent-in-law, or foster grandparent; or grandchild, step-
grandchild, or foster grandchild.
The employee shall make a reasonable effort to notify the Department Director of the need for the leave and/or
additional days in advance of the absence.
20.2 Funeral Leave. When an employee serves as a pallbearer, or in some other way participates in, as
opposed to merely attend, a funeral ceremony, the employee may be granted time off with pay, not to exceed
four hours, to perform such duty.
20.3 Civic Responsibility. The City appreciates that City employees are occasionally required to perform civic
duties that may interfere with their scheduled work shift. This Section addresses how the performance of civic
responsibilities shall affect the employee’s work schedule, work cycle, work shift, pay and use of leaves.
20.3.1 Work-Related Court Appearance. Employees required to testify or appear in court in an official
capacity and as a part of their job shall be compensated for such court appearances in accordance with
Article 11 - Hours of Work and Overtime.
20.3.2 Non Work-Related Court Appearance. When an employee is subpoenaed to testify or appear
in court other than in an official capacity and where the employee is not personally involved in the
action as the plaintiff, the defendant, the object of the investigation, or for the purpose of providing
character testimony for a friend or family member, they shall not suffer any loss of their regular
compensation for performance of such duty that takes place during time the employee is scheduled to
work for the City; however, the employee shall be required to transfer any compensation except
mileage and meal expenses received from any source other than the City for the performance of such
duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual,
nor shall the employee be required to use paid leave for such time. This section shall only apply to civic
duties performed during time the employee is actually scheduled to be at work on the day the civic
obligation takes place.
7.D.c
Packet Pg. 162
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 22
20.3.3 Jury Duty. When an employee is called for jury duty they shall not suffer any loss of their regular
compensation for performance of such duty that takes place during time the employee is scheduled to
work for the City; however, the employee shall be required to transfer any compensation except
mileage and meal expenses received from any source other than the City for the performance of such
duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual,
nor shall the employee be required to use paid leave for such time. This section shall only apply to civic
duties performed during time the employee is actually scheduled to be at work on the day the civic
obligation takes place.
20.3.4 Civic Duty Between Night Shifts. Employees who are required to appear in court between two
consecutively scheduled night shifts for work-related testimony in accordance with 20.3.1 shall be
compensated in accordance with Article 11.
Employees who are required to appear between two consecutively scheduled night shifts for non-work-
related civic duty as set forth in Section 20.3.2 or 20.3.3 shall have their work shift adjusted as follows:
a. if the total hours actually spent performing civic duties are less than six (6), the employee’s
work shift the night after such civic duty shall be adjusted on an hour-for-hour basis for the
time actually spent on civic duty.
b. if the total hours actually spent performing civic duties are six (6) or more, the employee will
be given the night after such civic duty off and shall not suffer any loss of pay or be required to
use accrued leave.
20.3.5 Limitations and Expectations. Under no circumstances shall the City be required to pay
overtime or grant comp time for civic duty appearances that are not work-related. In the event an
employee serves a partial day of civic duty, the employee shall be required to return to work after being
released from court, or arrange for use of paid leave in accordance with department policy to
compensate for time away from work that is not spent in court. Exceptions may be allowed in such
circumstances as when the court appearance is out of the area or the employee is released from their
court responsibilities with less than forty-five (45) minutes left in their scheduled work shift.
It shall be the employee’s responsibility to notify their supervisor of pending court responsibilities as
soon as the employee has knowledge of such court duty.
20.4 Military Leave. Military leave of absence shall be granted in accordance with City policy and state and
federal Law.
20.5 Conferences/Meetings. Time actually spent in attendance at, or travel to and from conferences,
conventions or other work-related meetings that have been approved in advance by the Chief shall be
considered work time as provided under the Fair Labor Standards Act. An employee may request additional
time off, using accrued paid leave, in conjunction with approved work-related travel; however, approval of such
requests shall be handled in accordance with department- established requests for time off.
20.6 Leave Accruals While on Paid Leave. Employees on paid leaves of absence shall accrue leaves in
accordance with this Agreement and, where by reference, current City policy.
7.D.c
Packet Pg. 163
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 23
ARTICLE XXI - LEAVE OF ABSENCE WITHOUT PAY
21.1 Family Medical Leave. All police bargaining unit employees shall be covered by current City policy, as
well as state and federal law, regarding Family and Medical Leave.
21.2 Military Leave. Military leaves of absence shall be granted in accordance with City policy and state and
federal law.
21.3 Other Leave Without Pay. Notwithstanding the Family and Medical Leave Act (FMLA) and Uniformed
Services Employment and Reemployment Rights Act (USERRA), a regular, non-probationary employee may be
granted a leave of absence without pay for a period not to exceed one (1) month. Requests for leave of absence
without pay shall be in writing, shall be directed to Police Chief, and shall contain justification for approval.
Approval of such leave requests shall be at the sole discretion of the Police Chief, except that any denial of a
request shall not be arbitrary or discriminatory. Not counting any such leave covered under FMLA and USERRA,
no employee shall receive more than an aggregate of thirty-one (31) days leave of absence in any three (3)-year
period.
21.4 Leave Accrual While on Leave Without Pay. During a pay period that an employee is in a leave without
pay status or utilizing Paid Leave Oregon, 19.1 Sick leave accrual and 17.1 Vacation accrual shall be prorated to
the percentage of hours in a paid status from the City. (e.g. an employee works forty (40) hours and utilizes
eight (8) hours of sick leave during an eighty (80) hour pay period and is unpaid by the City for the remainder
of the pay period, the employee would receive sixty percent (60%) of vacation and sick leave accrual for the pay
period.
ARTICLE XXII - INSURANCE COVERAGE
22.1 Medical, Dental and Vision Insurance. The City shall provide a mutually agreed upon medical, dental
and vision insurance package for the employee and their dependents as follows:
1. Medical – substantially similar on the whole to Teamsters G/W Plan
2. Dental – substantially similar on the whole to Teamsters D-6 Plan
3. Vision – substantially similar on the whole to Teamsters V-4 Plan
If the current insurance plan provider makes significant changes to the plan or ends the plan entirely, the parties
agree to open negotiations over the changes under the provisions of ORS 243.698.
22.2 Health Insurance Eligibility: An employee, as defined in Article 1 - Recognition, must be on paid status
for at least eighty (80) hours in the qualifying month to be covered by the health insurance the following month.
(Examples: An employee begins employment January 10 and is on paid status the required 80 hours in this
month. They are then covered for the month of February. An employee terminates January 25 after being on
paid status the required 80 hours. They then are covered for the month of February. In both cases, if an
employee is not on paid status for the required 80 hours in January, they would not be covered in February).
Paid status does not include overtime hours worked or “cash out” of accrued leave. Eligibility for insurance
coverage shall be consistent with the insurance carrier’s eligibility requirements.
It is understood that “cashing out” accrued leave time (vacation, holiday or compensatory time) does not
7.D.c
Packet Pg. 164
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 24
constitute hours worked or compensated hours for the purpose of determining insurance eligibility. A “cash
out” is when an employee receives payment for accrued leave without actually taking the paid time off or upon
termination from employment.
22.3 Medical, Dental, and Vision Insurance Premiums. The City shall pay ninety (90) percent of the cost of
the employee’s health insurance premiums with the employee paying the remaining ten (10) percent through
payroll deduction. If the total premium increases are greater than ten percent (10%) from the previous year,
the parties agree to re-open this Section under the provisions of ORS 243.698 to bargain only the impact to the
current cost-sharing plan of the total premiums.
22.3.1 Payment of Premiums. All health insurance premiums paid by the City on behalf of employees
shall only be paid directly to the insurance carrier or third party administrator. No such insurance
premiums shall be paid directly to the employee except as otherwise provided for in a separation
agreement.
22.3.2 Part-time Employees. Health insurance premium contributions shall be made on a prorated
basis for bargaining unit employees qualifying for insurance coverage but working less than full time.
22.4 Section 125. In the event the employee is required to pay a portion of the health insurance contribution
in accordance with 22.3, the employer shall institute an IRS Section 125 plan for the purpose of allowing the
employee contribution toward health insurance premiums to be a tax free payroll deduction. Additionally, the
employer may, in its discretion, institute an IRS Section 125 Flexible Spending Arrangement plan and make such
plan available to all employees on a voluntary basis at any time during the life of this agreement.
22.5 Health Reimbursement Arrangement. The City shall contribute $145 per month to a Health
Reimbursement Arrangement through a Voluntary Employees’ Beneficiary Association (hereinafter referred to
as HRA or HRA VEBA) under Section 501 (c) (9) of the Internal Revenue Code for each full time employee of the
bargaining unit. The amount of the HRA contributions for part time employees shall be prorated based on full
time equivalency of the employee’s position. Effective July 1, 2025, the City’s contribution shall increase to
$170.
22.6 Long Term Disability Insurance. For bargaining unit employees who meet the carrier’s eligibility
requirements, the City shall pay long term disability insurance premiums for coverage that provides at a
minimum, a 66⅔% benefit effective the 91st day of the disability.
22.7 Life Insurance. For bargaining unit employees who meet the carrier’s eligibility requirements, the City
shall provide a $50,000 term life insurance benefit policy. In addition, to the extent the carrier permits, the City
will allow employees to purchase additional life insurance at the employee's expense.
ARTICLE XXIII - WORKER'S COMPENSATION
23.1 Worker's Compensation. The City shall provide worker's compensation coverage for industrial
accidents and disease in accordance with state and federal law. Employees are required to abide by all City
safety policies and procedures, injury reporting requirements and protocols, and return to work policies and
procedures.
7.D.c
Packet Pg. 165
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 25
ARTICLE XXIV - OUTSIDE EMPLOYMENT
24.1 Outside Employment. No full-time bargaining unit employee shall accept outside employment,
whether part-time, temporary or permanent, without prior written approval from the Police Chief. Each change
in outside employment shall require separate approval.
24.2 Approval. To be eligible for approval, outside employment must meet the following criteria:
a. Be compatible with the employee's City work;
b. In no way detract from the efficiency of the employee in their City work; and
c. In no way conflict with the interest of the City or be a discredit to the City.
24.3 Response. A written response to a request for outside employment approval shall be provided within
seven (7) business days of the request. If an employee’s request is denied by the Police Chief, the employee
may request a review by the City Manager, however, the City Manager’s decision shall be final and any denial
of such request shall not be subject to the grievance procedure.
ARTICLE XXV - DISCIPLINE AND DISCHARGE
25.1 Discipline. No regular, non-probationary employee shall be disciplined or discharged except for just
cause. Discipline for conduct or performance will normally be progressive. However, if a violation of a City
policy or work practice is of serious enough nature, an employee may be discharged without prior disciplinary
warnings.
Oral warnings, counseling or other oral communication, as well as supervisory entries in “Guardian Tracking”
or other similar system, are considered discipline and shall be documented; however, such documentation shall
not be considered a written disciplinary action, shall not be subject to the grievance procedure, and such
documentation will not be placed in the employee's personnel file.
25.2 Imposition. The City, in disciplining an employee, shall make a reasonable effort to impose such
discipline in a manner that will not unduly embarrass or humiliate the employee before other employees or the
public.
25.3 Probationary Employee. A probationary employee as defined in Section 8.1, shall serve at the pleasure
of the City and may be disciplined or discharged for any reason and such discipline or discharge shall not be
grievable.
25.4 Grieving Discipline. Disciplinary action, if protested, shall be protested through the grievance
procedure, Article 26 - Grievance Procedure. However, oral reprimands, counseling, verbal warnings, other oral
communications, or entries in a performance tracking system shall not be subject to the grievance procedure
and written reprimands may be processed only to Step 3 of the grievance procedure.
25.5 Union Representation. An employee shall, upon request, be allowed to have a Union representative
present at disciplinary meetings.
7.D.c
Packet Pg. 166
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 26
ARTICLE XXVI - GRIEVANCE PROCEDURE
26.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a
violation of the bargaining agreement.
26.2 Informal Resolution. When such alleged violations arise, an attempt will be made by the employee and
their immediate supervisor to settle them informally. A problem which cannot be resolved informally will be
processed as a grievance in accordance with Section 26.3.
26.3 Grievance Procedure. Each grievance will be processed in the following manner:
Step I. Within fifteen (15) calendar days after the occurrence of the cause of complaint, the employee
and/or the Union will reduce the grievance to writing, stating the reasons therefore, the contract
provision violated, the date of the occurrence, and the remedy requested and will present it to the
employee's immediate supervisor. Within ten (10) business days after the grievance is submitted to the
supervisor, the supervisor will respond in writing. If they wish, the employee involved may be
accompanied at any grievance-related meeting by a representative of their choice.
Step II. If the grievant is not satisfied with the decision concerning the grievance made by the
supervisor, they may, within ten (10) business days of receipt of such decision, forward grievance to
the Police Chief. Within ten (10) business days following receipt of the grievance, the Chief shall state
their decision in writing.
Step III. If the grievant is not satisfied with the disposition of the grievance by the Chief, they may
request, within ten (10) business days of receipt of the Chief’s decision, that the City Manager review
the decision. Within ten (10) business days, the City Manager shall render their decision in writing.
Step IV. If the grievant is not satisfied with the disposition of the grievance following Step III, they may
within ten (10) business days from receipt of the decision, appeal the matter to arbitration. Such
request shall be valid only if supported, in writing, by the Union. If a timely, valid request has been
made, the parties shall jointly request from the State Conciliation Service a list of seven (7) arbitrators
residing in Oregon who are members of the American Arbitration Association and, beginning with the
grieving party/Union, the parties shall alternately strike names. The name remaining shall be the
arbitrator. Seven (7) business days shall be allowed for the striking. The parties may, by mutual
agreement, request a new panel. If the grievance involves discipline of a sworn law enforcement
officer, the moving party shall request an arbitrator consistent with Oregon Law (currently ORS
243.808) in accordance with the process established by the Employment Relations Board.
The hearing under this procedure shall be kept informal and private, and shall include only such parties
in interest and/or designated representatives. The arbitrator shall render a decision within thirty (30)
calendar days from the date of the formal hearing. The power of the arbitrator shall be limited to
interpreting this Agreement and determining if the disputed article or portion thereof has been
violated. The arbitrator shall have no authority to alter, modify, vacate or amend any terms of this
Agreement or to substitute their judgment on a matter or condition for that of the City where the City
has not negotiated and limited its authority on the matter or condition. The decision of the arbitrator
within these stated limits shall be final and binding on both parties. No issue whatsoever shall be
arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes
7.D.c
Packet Pg. 167
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 27
place following the execution date of this Agreement, and no arbitration determination or award shall
be made by the arbitrator whatsoever prior to the execution date of this Agreement. In case of a
grievance involving any continuing or other money claim against the City, no award shall be made by
the arbitrator which shall allow any alleged accruals for more than ten (10) days prior to the date when
such grievance shall have first been presented.
26.4 Expenses. Expenses for the arbitrator's services and the proceedings shall be borne equally by both
parties. However, each party shall be completely responsible for all costs of preparing and presenting its own
case, including compensating its own representatives and witnesses. If either party desires a record of the
proceedings, it shall solely bear the cost of such record. In the event the arbitrator finds that they have no
authority or power to rule in any case, the matter shall be referred back to the parties without decision or
recommendation on the merits of the case.
26.5 Time Limits. All parties subject to these procedures shall be bound by the time limits contained herein.
However, time limits may be extended by mutual consent of both parties. If either party fails to follow such
limits, the following shall result:
a If the grievant fails to respond in a timely fashion, the grievance shall be deemed waived.
b If the party being grieved against fails to respond in a timely fashion, the grievance shall proceed to
the next step.
26.6 Grievance File. All documents, communications and records dealing with the processing of a grievance
shall be filed in a separate grievance file, and will not be placed in the personnel file. However, evidence of any
discipline imposed and an explanation of the action which resulted in such discipline will be placed in the
employee's personnel file.
ARTICLE XXVII - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT
27.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute arising
during the period of this Agreement.
27.2 Strike. The Union will not initiate or engage in, and no employee(s) will participate or engage in any
strike, slowdown, picketing, boycott, sick-out or other interruption of work during the term of this Agreement.
27.3 Union Responsibility. Should a strike, slowdown, picketing, boycott or other interruption of work occur,
the Union, upon receiving notice of a strike, slowdown, picketing, boycott or other interruption of work which
it has not authorized, will take all reasonable steps to terminate such activity and induce the employees
concerned to return to work. If the Union takes such action, it shall not be held liable by the City for
unauthorized activity of the employees involved.
27.4 Discipline. In the event employee(s) participate in a strike, slowdown, picketing, boycott, sick-out or
other interruption of work in violation of this Article, the participating employee(s) shall be subject to
disciplinary action which may include discharge.
27.5 Wages and Benefits. It is understood that employees shall not be entitled to any benefits or wages
whatsoever while they are engaged in such work interruption.
7.D.c
Packet Pg. 168
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 28
ARTICLE XXVIII - SAVINGS CLAUSE
28.1 Savings Clause. Should any Article or section thereof of this Agreement be held unlawful and
unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the specific
Article or section thereof directly specified in the decision. The remainder of this Agreement shall remain in
effect pursuant to the terms of the Duration Article. Upon such declaration, the parties agree to immediately
negotiate a substitute, if possible, for the invalidated portion thereof.
ARTICLE XXIX - DURATION
29.1 Duration. This Agreement shall be effective as of July 1, 2023 and shall remain in effect through June
30, 2026. However, no retroactive wage or benefit shall be granted any employee who was not an active
employee in a position represented by this bargaining unit on the date of Agreement execution.
ARTICLE XXX - EXECUTION/SIGNATURES
Executed this day of , 2023 at Central Point, Oregon, by the undersigned officers by authority
and behalf of the City of Central Point and Teamsters Local Union No. 223.
TEAMSTERS LOCAL UNION NO. 223 CITY OF CENTRAL POINT, OREGON
Leslie Sloy, Secretary-Treasurer Hank Williams, Mayor
Brent Jensen, Union Representative Chris Clayton, City Manager
7.D.c
Packet Pg. 169
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
P
l
a
n
)
City of Central Point and Teamsters Local 223 (Police) 7/1/2023 – 6/30/2026 page 29
APPENDIX A – PAY SCHEDULE
Schedule Effective 6/30/23
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
Effective 7/1/2023
6.00%Increase to Step A and each subsequent step shall be 5% greater
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 3,829 4,020 4,221 4,432 4,654 4,887 5,131
201 Community Services Officer P117 4,063 4,266 4,479 4,703 4,938 5,185 5,444
202 Police Officer P145 5,208 5,468 5,741 6,028 6,329 6,645 6,977
203 Corporal P150 5,760 6,048 6,350 6,668 7,001 7,351 7,719
Effective 7/1/2024
4.00%Increase to Step A and each subsequent step shall be 5% greater
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 3,982 4,181 4,390 4,610 4,841 5,083 5,337
201 Community Services Officer P117 4,226 4,437 4,659 4,892 5,137 5,394 5,664
202 Police Officer P145 5,416 5,687 5,971 6,270 6,584 6,913 7,259
203 Corporal P150 5,990 6,290 6,605 6,935 7,282 7,646 8,028
Effective 7/1/2025
6.00%Increase to Step A and each subsequent step shall be 5% greater
Position#Classification Title Grade Step A Step B Step C Step D Step E Step F Step G
200 Police Support Specialist P110 4,221 4,432 4,654 4,887 5,131 5,388 5,657
201 Community Services Officer P117 4,480 4,704 4,939 5,186 5,445 5,717 6,003
202 Police Officer P145 5,741 6,028 6,329 6,645 6,977 7,326 7,692
203 Corporal P150 6,349 6,666 6,999 7,349 7,716 8,102 8,507
7.D.c
Packet Pg. 170
At
t
a
c
h
m
e
n
t
:
2
0
2
3
-
2
6
P
D
C
B
A
F
i
n
a
l
(
1
7
1
6
:
R
e
s
o
l
u
t
i
o
n
R
a
t
i
f
y
i
n
g
t
h
e
P
o
l
i
c
e
C
o
l
l
e
c
t
i
v
e
B
a
r
g
a
i
n
i
n
g
A
g
r
e
e
m
e
n
t
a
n
d
C
l
a
s
s
i
f
i
c
a
t
i
o
n
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: July 13, 2023
SUBJECT: A Resolution of Intent to Initiate Boulder Ridge Street Vacation
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
The City received a request to have the City initiate the vacation of a small section of Boulder
Ridge Street, south of Twin Creeks Crossing. The right-of-way in question is not planned for
further extension or connection given existing street patterns and existing development. As
such, the Public Works Department would support the proposed request.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
A local government can initiate a right-of-way vacation on its own motion. In such event ORS
271.130 requires that the City set a public hearing and comply with the notice requirements of
ORS 271.110. This Resolution is limited to scheduling the public hearing if the City desires to
proceed with a public street vacation. The City may not vote on whether to vacate the right-of-
way prior to the public hearing.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Staff supports the right-of-way vacation for a section of Boulder Ridge Street.
RECOMMENDED MOTION:
I move to approve Resolution No. ____a Resolution of the City Council of the City of Central
Point Authorizing the City-Initiated Vacation of a Portion of Boulder Ridge Street Public Right-of-
Way - South of Twin Creeks Crossing.
7.E
Packet Pg. 171
ATTACHMENTS:
1. RESO of Intent to Initiate Vacation - Boulder Ridge
2. desc_exhibit A_signed
3. pictoral_exbibit B_signed
7.E
Packet Pg. 172
Res. No.___________; July 13, 2023
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CENTRAL POINT AUTHORIZING THE CITY-
INITIATED VACATION OF A PORTION OF BOULDER RIDGE STREET PUBLIC RIGHT-OF-WAY -
SOUTH OF TWIN CREEKS CROSSING
RECITALS:
A. WHEREAS, Boulder Ridge Street, south of Twin Creeks Crossing was dedicated to the City
of Central Point for roadway purposes in conjunction with the platting of Twin Creeks
Crossing, Phase 1, recorded on January 4, 2006, in Volume 33 at Page 01, of the Plat
Records of Jackson County, Oregon.
B. WHEREAS, the City has determined that the southerly extension of Boulder Ridge Street
is not necessary or planned for further connection given existing development and street
layout.
C. WHEREAS, Oregon Revised Statutes (ORS) Chapter 271 provides for the vacation of
public street rights-of-way.
D. WHEREAS, the City Council of the City of Central Point desires to follow the provisions of
ORS Chapter 271 to initiate vacation of the 60-foot wide Boulder Ridge Street right-of-
way on its own motion pursuant to ORS 271.130.
The City of Central Point resolves as follows:
Section 1. Initiating Right-of-Way Vacation. This Resolution initiating the right-of-way vacation
of a portion of Boulder Ridge Street, south of Twin Creeks Crossing, pursuant to ORS 271.130,
as described and depicted in Exhibits A and B attached hereto, is effective immediately.
Section 2. Public Hearing. A duly noticed public hearing shall be set for __________, 2023, or
such other date as noticed by the City Recorder.
Passed by the Council and signed by me in authentication of its passage this _____ day
of July 2023.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
7.E.a
Packet Pg. 173
At
t
a
c
h
m
e
n
t
:
R
E
S
O
o
f
I
n
t
e
n
t
t
o
I
n
i
t
i
a
t
e
V
a
c
a
t
i
o
n
-
B
o
u
l
d
e
r
R
i
d
g
e
[
R
e
v
i
s
i
o
n
1
]
(
1
6
5
0
:
R
e
s
o
l
u
t
i
o
n
o
f
I
n
t
e
n
t
t
o
I
n
i
t
i
a
t
e
B
o
u
l
d
e
r
R
i
d
g
e
S
t
r
e
e
t
7.E.b
Packet Pg. 174
At
t
a
c
h
m
e
n
t
:
d
e
s
c
_
e
x
h
i
b
i
t
A
_
s
i
g
n
e
d
(
1
6
5
0
:
R
e
s
o
l
u
t
i
o
n
o
f
I
n
t
e
n
t
t
o
I
n
i
t
i
a
t
e
B
o
u
l
d
e
r
R
i
d
g
e
S
t
r
e
e
t
V
a
c
a
t
i
o
n
)
7.E.c
Packet Pg. 175
At
t
a
c
h
m
e
n
t
:
p
i
c
t
o
r
a
l
_
e
x
b
i
b
i
t
B
_
s
i
g
n
e
d
(
1
6
5
0
:
R
e
s
o
l
u
t
i
o
n
o
f
I
n
t
e
n
t
t
o
I
n
i
t
i
a
t
e
B
o
u
l
d
e
r
R
i
d
g
e
S
t
r
e
e
t
V
a
c
a
t
i
o
n
)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Public Works
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: July 13, 2023
SUBJECT: Discussion of Medford Water Commissions Water Curtailment Plan
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Not Applicable
BACKGROUND INFORMATION:
In 2017 the Medford Water Commission adopted a Water Conservation Plan with water
curtailment provisions. Water curtailment refers to the intentional reduction or restriction of water
usage to manage and conserve water resources during water scarcity or drought. It is a strategy
implemented by water management authorities or governments to cope with insufficient water
supplies and ensure that available water resources are used efficiently and sustainably.
With Jackson County declaring a drought again and high heat proposed for the rest of the
summer, the Water Commission and the City would like to inform residents about their plan and
how it may affect property owners in Central Point. This one-page document is a condensed
version of their chapter on curtailment. The City will be working on and approving its own water
conservation plan before the summer of 2024, which will also include a curtailment component
that must have language similar to the MWC.
FINANCIAL ANALYSIS:
N/A
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Responsible Governance
Goal 6 – Prepare as a resilient city with the capabilities required across the whole community to
prevent, protect against, mitigate, respond to, and recover from the threats and hazards that
pose the greatest risk.
8.A
Packet Pg. 176
STAFF RECOMMENDATION:
City staff wants council to be aware of potential curtailment of water if there is an emergency in
the summer of 2023.
RECOMMENDED MOTION:
N/A
ATTACHMENTS:
1. Water Curtailment Stages Final
8.A
Packet Pg. 177
Stage Initiating Conditions Actions
1. Awareness of
Potential Water
Shortage
A series of indicators suggest that a future
shortage is possible; these may include
drought-related conditions or other supply
factors
Raise public awareness about potential for
water shortage through such means as
general articles in newsletters, newspapers,
website, and social media
2. Potential Water
Shortage Alert
Continued and/or further indicators raise
concerns about the ability to meet supply
needs unless demand levels are reduced, or
• Sustained demand reaches 90 percent of
supply
Enhance public awareness and outreach
efforts to convey potential water shortage
message
• Request voluntary water use reductions
• Consider rate surcharges
3. Water Shortage
Indicators show that supply and/or delivery
capacities are strained to meet current
demand levels; these may include:
• Sustained demand reaches 95 percent of
supply or delivery capacities, or
• Water storage facility(ies) is/are not
routinely refilling, and Manager
determines that continuation could result
in inability to meet fire protection or
other essential needs.
Strengthen notification messages and further
outreach methods regarding water shortage
conditions
• Impose mandatory restrictions on
water use
• Consider potential enforcement of
restrictions
• Consider rate surcharges or increase
charges from Stage 2
4. Severe Water
Supply Shortage
Series of indicators show that water
consumption levels must be immediately
reduced; indicators may include:
• Sustained demand is exceeding normal
supply or delivery capacities, or
• Water storage facility(ies) is/are only 2/3
full, and Manager determines that ability
to meet fire protection or other essential
needs is jeopardized
• Supply or delivery capacities have been
reduced by up to 35%
Provide urgent notification messages;
significant outreach/customer notification
• Impose further mandatory restrictions on
water use
• Enforce restrictions
• Impose or increase rate surcharges
5. Emergency Water
Supply Disruption
Major water use reductions are deemed
necessary to avoid system failure, inadequate
fire protection capability and/or to assure
protection of water quality; indicators may
include:
• Sustained demand continues to exceed
supply or delivery capacities, or
• Water storage facility(ies) is/are only 1/3
full Supply source or major facility is lost,
reducing supply or delivery capabilities to
less than 65% of normal capacities
Provide extreme alert; urgent notification of
customers, both by broadcast means and
direct notification
• Only essential water use is allowed
• Enforce significant restrictions on use
• Impose heightened rate surcharge
Medford Water Commission
Curtailment Stages
8.A.a
Packet Pg. 178
At
t
a
c
h
m
e
n
t
:
W
a
t
e
r
C
u
r
t
a
i
l
m
e
n
t
S
t
a
g
e
s
F
i
n
a
l
(
1
7
1
5
:
W
a
t
e
r
C
u
r
t
a
i
l
m
e
n
t
D
i
s
c
u
s
s
i
o
n
)
City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: July 13, 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
8.B
Packet Pg. 179
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
8.B
Packet Pg. 180
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 has prepared the attached draft ordinance addressing some of the previously stated legal
issues. Moving forward, Staff is looking for direction from council as to whether the draft
ordinance should be amended, or brought back to council as a formal amendment to the Central
Point Municipal Code (CPMC).
RECOMMENDED MOTION:
None required.
ATTACHMENTS:
1. Ex A to Ordinance - Social Gaming
8.B
Packet Pg. 181
EXHIBIT A TO ORDINANCE
Chapter 9.32
GAMBLING1
Sections:
9.32.010 Game--Operation unlawful.
9.32.020 Visiting or frequenting gambling place unlawful.
9.32.030 Devices--Nuisance--Confiscation and destruction.
9.32.040 Bingo.
9.32.010 Game--Operation unlawful.
If It is unlawful for any person to operate or assist in the operation of any gambling game
played for money or other representative of value, or to operate or assist in the operation of
any lottery. (Ord. 306 §12, 1951).
9.32.020 Visiting or frequenting gambling place unlawful.
It is unlawful for any person to visit or frequent any gambling place or place where lottery is
conducted. (Ord. 306 §13, 1951).
9.32.030 Devices--Nuisance--Confiscation and destruction.
It is unlawful for any person to have in his possession any property, instrumentality or device
designed or peculiarly adapted for use in any gambling game. Any such property,
instrumentality or device is declared to be a nuisance, and it shall be the duty of any police
officer to seize any such gambling paraphernalia and forthwith to deliver the same into the
custody of the city recorder. Upon the conviction of any person violating the provisions of this
section, it shall be the duty of the city recorder to order any gambling paraphernalia so taken
from such person to be confiscated and destroyed. (Ord. 306 §14, 1951).
9.32.040 Bingo.
Notwithstanding the other provisions of this chapter, any charitable, fraternal or religious
organizations may make written application to the city manager, upon forms to be provided by
the city, to conduct games of bingo. Such application shall be scheduled before the next regular
council meeting, and the city council shall consider the application and may approve, deny or
8.B.a
Packet Pg. 182
At
t
a
c
h
m
e
n
t
:
E
x
A
t
o
O
r
d
i
n
a
n
c
e
-
S
o
c
i
a
l
G
a
m
i
n
g
(
1
7
1
7
:
D
i
s
c
u
s
s
i
o
n
O
n
l
y
-
G
a
m
b
l
i
n
g
O
r
d
i
n
a
n
c
e
)
approve the application with conditions. The council may periodically, on its own motion,
review the application, and revoke such approval or add additional conditions as it deems in
the best interest of the city. All applicants shall comply with all other federal, state and local
laws and regulations governing conduct of such games. (Ord. 1969 §1(part), 2013; Ord. 1334 §1,
1979).
1. For statutory provisions concerning gambling and related offenses, see ORS 167.117-108-
167.162167.
Chapter 9.33
SOCIAL GAMES
9.33.010 Social Games - Purpose
The purpose of this chapter is to authorize the playing and conducting of social games in
private businesses, private clubs, and/or places of public accommodation within the city,
and impose reasonable regulations for playing and conducting such social games. This
chapter will be referred to as the “social gaming ordinance.”
9.33.020 Definitions
“Facility” means a private business, private club, and/or place of public accommodation
including a recreation room, conference room, or club house, in the city.
“House bank” refers to the operation of a social game where the organization employs a
person to supervise a single social game for the purpose of securing a portion of any
monetary gain contributed directly by the individual players to that single game.
“House income” means any monetary net gain or advantage received by the house
directly from the actual play of a social game.
“House odds” means the operation of a social game where the probabilities of success of
the single social game exist in favor of the operation.
“House player” means a principal or employee who participates on behalf of an
organization for purposes of altering the normal probability associated with social
gaming.
8.B.a
Packet Pg. 183
At
t
a
c
h
m
e
n
t
:
E
x
A
t
o
O
r
d
i
n
a
n
c
e
-
S
o
c
i
a
l
G
a
m
i
n
g
(
1
7
1
7
:
D
i
s
c
u
s
s
i
o
n
O
n
l
y
-
G
a
m
b
l
i
n
g
O
r
d
i
n
a
n
c
e
)
“Person” means an individual, partnership, limited partnership, limited liability
company, corporation, association, or any agent or representative thereof.
“Private residence” means a separate dwelling designed for members of a single family
unit such as single family homes, town house, condominiums, apartments, mobile
homes and duplexes.
“Social game” means: 1) 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; or 2) 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.
9.33.30 Social Games – Authorization and Conditions.
A. A social game between players in a facility is authorized only when each of the
following conditions are met:
1. No house player, house bank, or house odds exist;
2. There is no house income from the operation of a social game;
3. The game cannot be observed from a public right of way;
4. Persons under 18 years of age are not permitted in the room or enclosure
where the social game takes place;
5. The room or enclosure where the social game takes place is open to free and
immediate access by any police officer. Doors leading into the social game
room must remain unlocked during all hours of operation;
6. There are no signs or advertising of gambling, card playing, or social games,
enticing participants or procuring players. Signs visible from inside the
building informing the public in which areas cards may be played will be
allowed;
7. Except for moneys used for playing in a game, no charge shall be collected
from any player for the privilege of participating in a game including, but not
limited to: 1) an entry fee or access fee of any kind, including, a cover charge or
door fee on days when social games are being played in the premises; and/or
2) a membership fee or cover fee to participate in a social game; and
8. No social game is conducted between the houses of 2:00a.m and 10:00a.m.;
9. The person responsible for the premises where social gaming occurs shall not
permit any individual who is visibly intoxicated to participate in social gaming;
8.B.a
Packet Pg. 184
At
t
a
c
h
m
e
n
t
:
E
x
A
t
o
O
r
d
i
n
a
n
c
e
-
S
o
c
i
a
l
G
a
m
i
n
g
(
1
7
1
7
:
D
i
s
c
u
s
s
i
o
n
O
n
l
y
-
G
a
m
b
l
i
n
g
O
r
d
i
n
a
n
c
e
)
10. No owner, principal managing employee, or person responsible for the
premises may accept any payment, fee, service or gratuity from a social game
participant as consideration for participation in the social game on the
premises;
11. No owner, principal managing employee, or person responsible for the
premises may charge a rental or lease fee for the use of a social game;
12. No participant in a social game shall be charged a price for any consumer
goods that is higher or lower than the businesses normal price;
13. The dealing of cards shall be offered to be rotated to all players in the game;
14. For any period beginning 10:00a.m. one day to 2:00a.m. the following day, the
total buy-in fee, including additional buy-in fees for all social games shall not
exceed a total of $100.00 per player. Except for the maximum buy-in fee, there
is no limit on the amount a player can bet at any time. Each owner, principal
managing employee, or person responsible for the premises of the social game
is responsible to ensure that the buy-in fee limit is complied with.
15. ALTERNATE EXAMPLE ON CAP: No player shall bet more than $2.00 in money or
other thing of value in any one game, and the amount awarded the winner of a
game shall not exceed $2.00 in money or other thing of value multiplied by the
number of players in the game.
B. A social game between players in a private residence is authorized only when
each of the following conditions are met:
1. No house player, house bank, or house odds exist; and
2. There is no house income from the operation of a social game.
8.B.a
Packet Pg. 185
At
t
a
c
h
m
e
n
t
:
E
x
A
t
o
O
r
d
i
n
a
n
c
e
-
S
o
c
i
a
l
G
a
m
i
n
g
(
1
7
1
7
:
D
i
s
c
u
s
s
i
o
n
O
n
l
y
-
G
a
m
b
l
i
n
g
O
r
d
i
n
a
n
c
e
)