HomeMy WebLinkAbout2023-08-24 City Council - Full Agenda-1277
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, August 24, 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. SPECIAL PRESENTATIONS
1. DIRT Intern Recognition
V. PUBLIC COMMENTS
Public comment is for non-agenda items. If you are here to make comments on a specific agenda item, you must speak at
that time. Please limit your remarks to 3 minutes per individual, 5 minutes per group, with a maximum of 20 minutes per
meeting being allotted for public comments. The council may ask questions but may take no action during the public
comment section of the meeting, except to direct staff to prepare a report or place an item on a future agenda.
Complaints against specific City employees should be resolved through the City’s Personnel Complaint procedure. The
right to address the Council does not exempt the speaker from any potential liability for defamation.
VI. CONSENT AGENDA
A. Approval of August 10, 2023 City Council Minutes
B. OLCC Application - SOLO Spirits
C. Technology Surplus
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. PUBLIC HEARING
Public comments will be allowed on items under this part of the agenda following a brief staff report presenting the item
and action requested. The presiding officer may limit testimony.
A. Ordinance Vacating a Portion of Boulder Ridge Street - South of Twin Creeks
Crossing (Dreyer)
IX. ORDINANCES, AND RESOLUTIONS
A. Ordinance Amending Title 9 - Gambling and Social Gaming (Dreyer)
B. Resolution Calling for Repeal of Measure 110 (Dreyer)
X. BUSINESS
A. Discussion - Consideration of Future Annexations (Dreyer)
XI. MAYOR'S REPORT
XII. CITY MANAGER'S REPORT
XIII. COUNCIL REPORTS
XIV. DEPARTMENT REPORTS
XV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XVI. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1015 (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, August 10, 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 Remote
Kelley Johnson Ward II Remote
Melody Thueson Ward III Present
Taneea Browning Ward IV Present
Rob Hernandez At Large Present
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton, City Attorney Sydnee Dreyer, Parks
and Public Works Director Matt Samitore, Police Chief Scott Logue; IT Director Jason
Richmond (remote), Recreation Manager Nikki Petersen (remote), and City Recorder
Rachel Neuenschwander
IV. PUBLIC COMMENTS
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez, Parsons
A. Approval of July 13, 2023 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. ORDINANCES, AND RESOLUTIONS
A. Ordinance Amending Title 9 - Gambling and Social Gaming
City Attorney Sydnee Dreyer presented to Council an Ordinance Amending in part
Central Point Municipal Code Chapter 9.32 Gambling and adding Chapter 9.33
establishing Social Gaming.
Mike Parsons moved to forward the Ordinance Amending in part Central
Point Municipal Code Chapter 9.32 - Gambling and adding Chapter 9.33
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City of Central Point
City Council Minutes
August 10, 2023
Page 2
establishing Social Gaming to second reading.
RESULT: 1ST READING [UNANIMOUS]
Next: 8/24/2023 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
B. Resolution Accepting a Deed of Dedication for Little League Fields
Parks and Public Works Director Matt Samitore presented to council a Resolution
accepting a Deed of Dedication for Little League Fields.
Council wanted assurance that the Board had given the authority to transfer the
property. Mr. Samitore replied that the Board voted and approved the transfer in
May.
Rob Hernandez moved to approve Resolution No. 1757 accepting a deed of
dedication for land referred to as the Central Point Little League Fields
from the Central Point Little League for Little League/Park purposes and
directing the City manager to take such steps as may be required to
complete the donation.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rob Hernandez, At Large
SECONDER: Taneea Browning, Ward IV
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
C. Resolution Approving IGA with District for School Resource Officers
Police Chief Scott Logue presented to the Council a Resolution approving an
Intergovernmental Agreement with the Central Point School District 6 for School
Resource Officers for School Years 2023/24 and 2024/25.
Taneea Browning moved to approve Resolution No 1758, a Resolution
approving Intergovernmental Agreement with Central Point School District
6 for School Resource Officers for School Years 2023/24 and 2024/25 and
Authorizing City Manager and Mayor to execute same.
RESULT: APPROVED [UNANIMOUS]
MOVER: Taneea Browning, Ward IV
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Johnson, Thueson, Browning, Hernandez,
Parsons
VIII. BUSINESS
A. Planning Commission Report
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City of Central Point
City Council Minutes
August 10, 2023
Page 3
Parks and Public Works Director Matt Samitore presented to council the Planning
Commission report. The Central Point Planning Commission met at their regular
meeting on August 1, 2023. The following three (3) items were on the agenda to
develop 2.73 acres within the Table Rock Crossing Commercial Subdivision located
at the intersection of Biddle and Table Rock Road.
Conditional Use Permit to operate a fast food restaurant with drive-through at
4251 Table Rock Road (Pad “A”);
Conditional Use Permit to operate a fast food restaurant with drive-through at
4259 Table Rock Road; and
Site Plan and Architectural Review for a supermarket and two fast food
restaurants with drive-through facilities at 4243, 4251 and 4259 Table Rock
Road.
B. Central Point Community Center Financial Update August 2023
Parks and Public Works Director Matt Samitore gave the council a financial update
on the Community Center. The numbers changed after he wrote the staff report; he
and City Manager Chris Clayton met with Jackson County Administrator Danny
Jordan to discuss alternate financial options for the joint facility. Mr. Samitore
reviewed other options and costs if the council chose for the City to build a stand-
alone facility.
After a brief discussion, the council agreed to continue with the joint facility,
expecting the center to be recognized as the Central Point Community Center.
IX. MAYOR'S REPORT
Mayor Williams reported that:
He attended the DARE Show and Shine Cruise.
He attended the Access Mayors United Breakfast.
He attended the Central Point Greeter's at the Rusted Gate.
He attended the Town Hall meeting with Representative Christine Goodwin.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He attended the Town Hall meeting with Representative Goodwin.
Mercy Flights has asked if the city would allow them to advertise in the city
newsletter; if Council would like the city to pursue this as an option, then the city can
put together a policy.
The August Study Session will be a presentation on upgrading of the Waste Water
Treatment Facility.
Sydnee and Rachel have completed an annexation analysis; this fall a presentation
will be given to City Council.
CPI for July was 3.2%.
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City of Central Point
City Council Minutes
August 10, 2023
Page 4
He received an email from the Medford City Manager, asking if the city would be
interested in a joint meeting with their city council to discuss issues that affect both
cities.
XI. COUNCIL REPORTS
Council Member Taneea Browning reported that:
She attended Central Point Greeters at Rusted Gate.
She attended the DARE Show and Shine.
She had a meeting with Jessica LeBerg, a new regional solutions coordinator.
She attended the Study Session.
She attended the RVTD Board Meeting.
She attended the Town Hall meeting with Representative Christine Goodwin.
She would not be interested in allowing advertising in the City Newsletter.
Council Member Neil Olsen reported that:
He attended a Red Cross wild preparation fire response meeting.
He attended the Planning Commission meeting.
He is not interested in allowing advertising in the City newsletter.
Council Member Kelley Johnson reported that:
She attended the Study Session.
She is also leaning with Neil and Taneea on not allowing advertising in the City
newsletter.
Council Member Melody Reported that:
She attended a school board meeting.
She visited some new businesses in Twin Creeks.
Council Member Mike Parsons reported that:
He agrees with not allowing advertising in the City newsletter.
He attended the study session.
He attended the Rogue Valley Sewer Services Board meeting.
He helped facilitate the DARE Fundraiser Shown and Shine event.
He attended the Jackson County Public Policy Coordinator Council Meeting.
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City of Central Point
City Council Minutes
August 10, 2023
Page 5
He has been involved in the Election of Officers in The Meadows.
He attended the Town Hall meeting with Representative Christine Goodwin.
Council Member Rob Hernandez reported that:
He attended an airport advisory committee meeting.
He attended the Study Session.
He attended a meeting with Matt, Chris and the Moore's regarding the Little League
Fields.
He attended a meeting with Matt, Chris, and Jackson County regarding the
Community Center.
He attended the DARE Show and Shine.
Jackson County Commission Dave Dotterer reported that:
He is thankful for the joint effort on the Pandemic/Community Center.
He discussed the Proclamation on Measure 110 that the Jackson County Board of
Commissioners passed this week.
XII. DEPARTMENT REPORTS
Police Chief Scott Logue reported that:
Walt Davenport with School District 6 would have attended the meeting but he and
his admin staff are away at a retreat.
He attended ECSO Board Meeting.
He attended ARC Board Meeting.
There are four openings in the police department, with potential new hires possibly
coming on board soon.
Parks and Public Works Director Matt Samitore reported that, Helen Baker resigned
from the Jackson County Expo Fair Director position, she worked well with the Cow
Creek Tribe, and there could be a hiccup with the potential hotel with the following
fair director.
XIII. EXECUTIVE SESSION
XIV. ADJOURNMENT
Mike Parsons made a motion to adjourn. All said aye and the meeting was
adjourned at 8:33 PM.
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City of Central Point
City Council Minutes
August 10, 2023
Page 6
The foregoing minutes of the August 10, 2023, Council meeting were approved by the City
Council at its meeting of _________________, 2023.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Administration
FROM: Chris Clayton, City Manager
MEETING DATE: August 24, 2023
SUBJECT: OLCC Application - SOLO Spirits
ACTION REQUIRED:
Consent Agenda Item
RECOMMENDATION:
The City has received an OLCC Application for SOLO Spirits, that will be located at 507 S Front
St. No. 3. The Police Department has done a background check that revealed no issues in
regards to their OLCC Application.
ATTACHMENTS:
1. SOLO Spirits OLCC
2. Solo Spirits LLC
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ldentify the appricants apprying for the ricense. This is the entity (examp
or individual(s) applying for the license. Please add an additional page if
TIONAPPTICANT
le: corporation or LLC)
more space is needed.
or individual applicant #1:50L0 sririts LL(
Name of entity entity or individual appliga
ia *, H [? ntse ll
Name of
w;tt
nt #2
aN em of ro ndientity uavid #3applicant
{)0t 5att Ifr6q.
or individual applicant #4:Name of entity
LIqUOR LICENSE APPLICATION
Page 2 of 4
BUSIN EsS INFORMATION
Trade Name of the Business (name30L0 Sel
customers will see).t-/*;ls
Premises street address irne physical location of the business and where the liquor license will be posted):, a7 SF ro4T Sf r+-3
City:
Ce^t,"r' f hin:t Zip Code:17s o z County:
t, d a-c ftsonBusiness phone number:(?1ilte Business email;
V;(IQ)'f -? | {'{g <,' e rt i {; c t PS €t'ue;. catl
Busi ness mailing address (where we wil6Yo W lfirtto^
I send
RA
any items by mail as described in oAR 845-004-0065t11.)
City:
Fu le Poirtt State:Zip Code:f 7 5: \40lq
Does b usiness address currently have an oLcc Does the business address currently have an OLCCliquor license? ffives WNo marijuana license?Eyer ffil ruo
REPRESENTA
alf.
AUTHOR DZE TIVE A uo r licliq oantr tceappnsee reatrvemay re5 nte tiveap uthorizati toon ma kechantoethtcensegesoaricationopplnbehalfoflithecenseetoorreceivenformatioanabouticensefoacati nlippgiveforpermissionthebelownamedto;representative
aM ke chaF renges lsth ligace arding li ocationnnse/pp lfbehamysicatFgnpplironsformardnreglsthce1igaicatinonse/pp no behmy
eReceiv n rmfo oatinF about th statue ofs isth a oicatinpp nclud rmnfoat nngto about dn tnpe gocmanceactinoplcoormmunbcationsenetweaoLccthndetcennt.casee/a
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Email: ,r/;U@ 9 c] r ,a i){;e l-es(br,ro..aa
Mailing ad
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Representative Name:
I Zip Code:?7e oe
W,"l[;a^ WqgseIl
Please note: liquor license applications are public records.OICC Liquor License Application (Rev. 6.1"23)
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LIQUOR LICENSE APPLICATION
Page 3 of 4
TERMS
r "Real property" means the real estate (land) and generally whatever is erected or affixed to the land{for example, the building) at the business address.
r "common area" is a privately owned area where two or more parties (property tenants) havepermission to use the area in common. Examples include the walking areas between stores at ashopping center, lobbies, hallways, patios, parking lots, etc. An area,s designation as a ,,common area,,is typically identified in the lease or rental agreement.
ATTESTATION - OWNERSHIP AND CONTROL OF THE BUSINESS AND PREMISES
o Each applicant listed in the "Application lnformation" section of this form has read and understandsOAR 845-005-0311 and attests that:t' At least one applicant listed in the "Application lnformation" section of this form has the legal right tooccupy and controlthe real property proposed to be licensed as shown by a property deed, lease,rental agreement, or similar document.
2' No person not listed as an applicant in the "Application lnformation" section of this form has anownership interest in the business proposed to be licensed, unless the person qualifies to have thatownership interest waived under OAR g45_005-0311.
3' The licensed premises at the premises street address proposed to be licensed either:a. Does not include any common areas; orb' Does include one or more common areas; however, only the applicant(s) have the exclusive rightto engage in alcohol sales and service in the area to be included'as part of the licensed premises.' ln this circumstance' the applicant(s) acknowledges responsibility for ensuring compliancewith liquor laws within and in the immediate vicinity of the licensed premises, including inportions of the premises that are situated in "common areas" and that this requiremeritapplies at alltimes, even when the business is crosed.
4. The licensed premises at the premises street address either:a' Has no area on property controlled by a public entity (like a city, county, or state); orb' Has one or more areas on property controlled by a public entity (like a city, county, or state) andthe public entity has given at least one of the applicant(s) permission to exercise the privileges ofthe license in the area.
CATION CONTACT NFORMATONAPPLII Provide the ofpoint contact thfor ts n thtf tsapplicatio individ lsual nnotlcaontrapplicensee,Autthehorized sectionRepresentatlve must be edfiil ain thend a ropppriate perm bemustission(s)selected
ll;a* Kuee([[
Application Contact Name:v:
Y -qtt'ae num
2q5'{t u/;lt@ scie,1ti€iet€srrL/esEmail
OLCC Liouor I iepnsc Annlir:+in^ ra6!r a I a5r
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LIqUOR LICENSE APPLICATION
Page 4 of 4
r Each applicant listed in the "Application lnformation" section of this form has read and understandsOAR 845-00q-03G2 and afiests that:L' upon licensure, each licensee is responsible for the conduct of others on the licensed premises,including in outdoor areas,
2' The licensed premises will be controlled to promote public safety and prevent problems andviolations, with particular emphasis on preventing minors from obtaining or consuming alcoholicbeverages, preventing over-service of alcoholic beverages, preventing open containers of alcoholicbeverages from leaving the licensed premises unless allowed by oLCC rules, and preventing noisy,disorderly, and unrawfur activity on the ricensed premises.
I attest that all answers on allforms and documents, and all information provided to the oLCC as a partof this application, are true and complete.
I^ttl; a", Hf.o,,rl{ q/$,h#,*,"11 ht8 )?
Print name Signature Date Atty. Bar lnfo (if applicable)
Atty. Bar lnfo (if applicable)
tu d 3Print name Signature
Print name Signature Date Atty. Bar lnfo {tf applicable)
Print name Signature Date Atty, Bar lnfo (if applicable)
OLCC Liquor Lic€nse Aooliation |RAV A La1
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0LICF
155 South Second Street • Central Point, OR 97502 Scott Logue
CENTRAL
POINT Ph: (541) 664-5578 • Fax: (541)664-2705 • www.centralpointoregon.gov Chief
OREGON
Date: 08/10/2023
From: Chief Scott Logue
To: Honorable Mayor Williams
Subject: Request for OLCC License
RE: Solo Spirits LLC, Persons associated therewith: Paul Rosas, William Russell.
Files of the Central Point Police Department contain no information pertinent to the
request, however the Oregon State Police may have additional information.
Respectfully,
J.
Chief Scott Logue
Central Point Police Department
Vedcated 5 Semmee, Counted 5 6reeitioe
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
IT Department
FROM: Jason Richmond, IT Director
MEETING DATE: August 24, 2023
SUBJECT: Technology Surplus
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Dear Council Members:
Please find the attached list of old equipment within the Information Technology
department that is ready to sell, donation and/or recycle. Much of the equipment is
considered obsolete and has been upgraded to keep up with the technology needs
of the city. Items that are labeled as broken will be recycled with a local electronics
salvage organization.
Once we have approval from the Council we will be contacting local non-profit
organizations within the Rogue Valley for distribution of this old equipment. Any
equipment not taken by the local non-profits will be recycled.
If you have any particular non-profit, government, or scholastic organizations to recommend,
please make sure to have it entered into the minutes so we can contact them for possible
donations. If you have any questions, feel free to contact me directly.
Sincerely,
Jason Richmond, IT Director
City of Central Point – Information Technology Department
FINANCIAL ANALYSIS:
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LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Staff recommends donating and/or recycling old equipment.
RECOMMENDED MOTION:
ATTACHMENTS:
1. Attachment A Surplus Items
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Qty Make Model Description S/N Donate/Recycle Notes
2 Viewsonic 24" Monitor 24" LCD Monitor N/A Recycle Broken
2 Asus 22" Monitor 22" LCD Monitor N/A Recycle Broken
5 Lenovo All in one PC N/A Recycle Obsolete
4 Dell 19" Monitor 19" LCD Monitor N/A Recycle Broken
1 Planar 27" Monitor 27" LCD Monitor N/A Recycle Broken
1 Insignia 24" TV 24" LCD Television N/A Recycle Broken
2 Panasonic CF-19 Ruggedized Laptop 9DKYA69549, 9DKYA69553 Recycle Obsolete
1 Lenovo T500 Laptop 22425HO Recycle Obsolete
1 Dell 10" Tablet 10" Tablet PC N/A Recycle Obsolete
1 Dell Latitude 610 Laptop 16DYB71 Recycle Obsolete
1 Sony Vio Laptop C3LMBSRE Recycle Obsolete
1 Axis Camera Surveillance Camera N/A Recycle Broken
8 Fujitsu 7160 Desktop Scanner N/A Donate Obsolete
1 Nisca PRC101 Badge Printer N/A Recycle Broken
2 Drobo Digital Storage Appliance N/A Recycle Obsolete
1 Wyse D200 Thin Client PC N/A Recycle Obsolete
1 Lenovo IdeaCentre All in one PC N/A Recycle Obsolete
2 Aruba 105 Wireless Access Point N/A Recycle Broken
6 Fujitsu 6130 Desktop Scanner N/A Donate Obsolete
1 Nimble CS SAN Storage Array S12146524800996 Recycle Obsolete
1 APC 1500XL Smart UPS N/A Recycle Broken
1 Peavey PV200 Audio amplifier N/A Recycle Broken
1 Numarc RC8 Power Distribution N/A Recycle Broken
2 HP Procurve 24 24 port switch SG822TF02C, SG822TF02D Donate Obsolete
1 HP Procurve 48 48 port switch CN814XJ00M Donate Obsolete
1 Equallogic N/A SAN Storage Array B019054 Recycle Obsolete
2 IX Systems N/A Server N/A Donate Obsolete
3 Dell R710 Server C4B5CQ1, CAB4G01, 1XSTVH1 Donate Obsolete
1 Supermicro N/A Server N/A Donate Obsolete
1 APC 5000 Smart UPS QS0436210053 Recycle Broken
1 APC AP9621 Power Distribution N/A Recycle Broken
1 Dell 2950 Server 3P9H9C1 Donate Obsolete
1 Dell 24" All in One PC N/A Recycle Obsolete
1 Visio N/A 32" TV N/A Recycle Broken
1 Samsung N/A 40" TV N/A Recycle Broken
1 HP 477dn Pagewide Pro MFP Printer N/A Donate Obsolete
1 HP M477fnw Laserjet Pro MFP Printer N/A Donate Obsolete
1 HP M475dn Laserjet Pro Color MFP Printer N/A Donate Obsolete
3 HP P3015 Laserjet Printer N/A Donate Obsolete
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5 HP X451dw Officejet Pro Printer N/A Donate Obsolete
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1 HP M608 Laserjet Enterprise N/A Donate Obsolete
ATTACHMENT A
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 24, 2023
SUBJECT: Ordinance Vacating a Portion of Boulder Ridge Street - South of Twin
Creeks Crossing
ACTION REQUIRED:
Motion
Public Hearing
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Boulder Ridge Street, south of Twin Creeks Crossing right-of-way, was dedicated to the City
with the platting of Twin Creeks Crossing, Phase 1, in 2006. City staff has determined that this
southerly extension of Boulder Ridge Street is not necessary or planned for further right-of-way
connection given the layout of existing development. As such, staff recommended that Council
initiate a hearing to vacate the public right-of-way.
The Council approved a Resolution of Intent to vacate the public right-of-way at its July 13, 2023
meeting. Based on that Resolution, the proposed vacation was scheduled for public hearing on
August 24, 2023. Per ORS Chapter 271, notice of the hearing was published in the Rogue
Valley Times once per week for two weeks prior to the hearing on August 10, 2023 and August
17, 2023. Additionally, the City posted required notices at or near each end of the proposed
vacation on August 10, 2023.
Vacation of the right of way is appropriate given that there is no need, or ability, to extend the
right-of-way given current development, and the public interest would be better served by
adding this area to the local taxable land base. Moreover, the abutting property owners have
provided written consent to the proposed vacation.
If this Ordinance is approved, the vacated right-of-way will be deeded back to the two adjacent
property owners via Quit Claim Deed.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
The council may adopt the Ordinance vacating the Boulder Ridge Street right-of-way upon a
finding that: 1) proper notice was issued; 2) a public hearing was held to consider objections; 3)
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no written objections were received from a majority of the area affected, computed on the basis
provided in ORS 271.080, 4) the proposed vacation does not impact market value of abutting
property owners; and 5) it is in the public interest to vacate this property.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Vibrant Economy
GOAL 4 - Attract unique and quality businesses to the City of Central Point. GOAL 5 - Support
business development and entrepreneurship.
STRATEGY 4 – Promote market-driven workforce and affordable housing necessary to meet
the needs of current and future residents through user-friendly, reasonable regulations, efficient
land development review process, and incentive programs that provide partial or full tax
abatements, SDC payment deferral and/or credits or waivers, public/private partnerships, etc.
(refer to Community Investment Goal 6).
STAFF RECOMMENDATION:
Move to forward the Ordinance to a second reading upon establishing the findings set forth
above.
RECOMMENDED MOTION:
I move to forward to second reading the Ordinance approving vacation of a portion of Boulder
Ridge Street public right-of-way - south of Twin Creeks Crossing and accepting reservation of
easement to City.
ATTACHMENTS:
1. Ordinance Vacating Boulder Ridge
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Ordinance No. ________; (________________, 2023)
ORDINANCE NO. _____
AN ORDINANCE APPROVING VACATION OF A PORTION OF BOULDER RIDGE STREET
PUBLIC RIGHT-OF-WAY - SOUTH OF TWIN CREEKS CROSSING AND ACCEPTING
RESERVATION OF EASEMENT TO CITY
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, Oregon Revised Statutes (ORS) Chapter 271 provides for the vacation of
public rights-of-way.
C. 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.
D. WHEREAS, on July 13, 2023 the City Council adopted a Resolution of Intent to initiate
vacation of the subject property, more fully described at Exhibit “A”, incorporated
herein by reference.
E. WHEREAS, a duly noticed public hearing was held before the City Council on August
24, 2023.
F. WHEREAS, after due consideration, the City has made certain findings in connection
with the request for vacation of City property and subsequent statutory procedures
for the vacation process, which findings are attached hereto and incorporated herein
as Exhibit “C”;
G. WHEREAS, based on the attached findings, the City of Central Point determines that
it is in the best interest of the public to grant the vacation request.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Vacated Property. The Boulder Ridge Street right–of-way located south of Twin
Creeks Crossing, consisting of approximately 8,354 square feet, more or less, as described in
Exhibit “A” and depicted at Exhibit “B”, attached hereto, is hereby vacated, and title to the
vacated property shall be returned and belong to the owners of the adjacent property
pursuant to Oregon law.
SECTION 2. Findings. The Council adopts the Findings attached to this Ordinance set forth
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Ordinance No. ________; (________________, 2023)
in Exhibit “C”.
SECTION 3. Reservation of Easement. A public utility easement is hereby reserved for the
benefit of, and conveyed to, the City of Central Point, its successors and assigns, under,
through, over and across the entire area of the vacated property in which to construct,
operate, maintain, repair, replace, improve, and enlarge utility systems for purposes of
transmission, distribution, and sale of such utilities. This grant of easement extends to
providers of public utilities for such purposes. The City and such utilities shall also have
reasonable rights of ingress and egress to and from such easement across the vacated
property. Public utilities that may use this easement include, but are not limited to, storm
drainage, sanitary sewer, water, gas, electric, telephone and cable television.
SECTION 4. Deed. The vacated property shall be conveyed to the abutting property owners
by Quit Claim Deed, in substantially the form provided at Exhibit “D”. Conveyance shall be
subject to the conditions set forth in this ordinance and applicable law.
SECTION 5. Conditions of Vacation. The vacation is conditioned upon the adjacent property
owner (owner whose property abuts the vacated property) executing any and all necessary
documents to effectuate this vacation.
SECTION 6. Filing. Certified true copies of this ordinance shall be recorded in the office of the
County Clerk of Jackson County, Oregon, and with the County Assessor and County Surveyor
of Jackson County, Oregon.
SECTION 7. Effective Date. For purposes of transfer of ownership of the property covered by
the vacation, this Ordinance shall be effective upon completion of the conditions provided
herein.
PASSED by the Council and signed by me in authentication of its passage this ____ day of
______________________ 2023.
___________________________________
Mayor Hank Williams
ATTEST:
________________________________
City Recorder
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Ordinance No. ________; (________________, 2023)
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Ordinance No. ________; (________________, 2023)
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Ordinance No. ________; (________________, 2023)
EXHIBIT “C”
FINDINGS TO AN ORDINANCE VACATING A PORTION OF BOULDER RIDGE STREET
PUBLIC RIGHT-OF-WAY - SOUTH OF TWIN CREEKS CROSSING, CENTRAL POINT,
OREGON AND ACCEPTING RESERVATION OF EASEMENT TO CITY
In connection with the ordinance vacating a portion of Boulder Ridge Street public
right-of-way located south of Twin Creeks Crossing, the Council finds:
1. That the southerly extension of Boulder Ridge Street is not necessary or planned
for further connection given existing development and street layout, that the proposed
vacation area is not a significant asset to the City, and that the proposed vacation area
provides more value to the public by being added to the local taxable land base than
remaining in its current state.
2. The Council reviewed the staff report; conducted a public hearing on the proposed
vacation on August 24, 2023; and found the vacation of the southerly extension of Boulder
Ridge Street to be in the public interest.
3. The City provided notice of the proposed vacation pursuant to ORS 271.110, by
publication in the Rogue Valley Times, a newspaper of general circulation published in
Jackson County, Oregon. Notice was published once per week for two consecutive weeks
with the first publication on August 10, 2023 and the second publication on August 17, 2023.
4. Said notice provided, among other things, that a hearing before the City Council
concerning the proposed vacation would be held on August 24, 2023 in the City Council
Chambers in Central Point, Oregon, which was the time and place when objections to such
proposed vacation would be considered and heard.
5. The City Council convened at the time and place specified in the public notices and
no objections were made to said vacation.
6. On August 10, 2023, the City posted at or near each end of the portions of land
proposed to be vacated, a copy of the notice provided for in ORS 271.110.
7. The Council determined that the proposed vacation would not substantially affect
the market value of the property owners abutting the open space to be vacated.
8. Vacation of the subject property will be in the public interest. It will add property
to the tax rolls, and will potentially decrease City costs and liabilities associated with the
maintenance of unnecessary public right-of-way.
9. The vacated property will be deeded to the abutting property owners subject to the
reservation of a public utility easement for the City of Central Point for construction,
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Ordinance No. ________; (________________, 2023)
installation, maintenance, repair, replacement, distribution, and transmission of utilities and
ingress and egress to such utility easement.
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Ordinance No. ________; (________________, 2023)
EXHIBIT D
After recording return to:
City of Central Point
140 S. Third Street
Central Point, OR 97502
Until a change is requested,
all tax statements shall be sent
to the following address:
Smith Crossing, LLC
353 Dalton Street
Medford, OR 97501
Grantor:
City of Central Point
Grantee:
Smith Crossing, LLC
VACATION QUIT CLAIM DEED
City of Central Point, an Oregon municipal corporation, Grantor, does hereby release
and quitclaim to Smith Crossing, LLC, an Oregon limited liability company, Grantee, all right,
title and interest in and to the real property described below, which real property was
vacated, closed and abandoned by Ordinance No. ____________ passed and approved by the City
Council of the City of Central Point, Oregon on September 14, 2023.
See Exhibit A attached hereto.
There is no monetary consideration involved in this transfer. The true consideration for this
conveyance is other consideration, consisting of Grantor’s reservation of certain easements
pertaining to the subject real property.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING
OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A
LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,
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Ordinance No. ________; (________________, 2023)
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON
LAWS 2010.
Dated this day of _______, 2023.
CITY OF CENTRAL POINT,
Exhibit only – not for execution
By:
STATE OF OREGON )
) ss.
County of Jackson )
On this ___ day of ___________, 2023, personally appeared before me
, representative of City of Central Point, a municipal corporation, and acknowledged
said instrument to be *his/her* voluntary act and deed.
______________________________
Notary Public for Oregon
My Commission Expires:__________
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Ordinance No. ________; (________________, 2023)
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Ordinance No. ________; (________________, 2023)
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Ordinance No. ________; (________________, 2023)
EXHIBIT D-1
After recording return to:
City of Central Point
140 S. Third Street
Central Point, OR 97502
Until a change is requested,
all tax statements shall be sent
to the following address:
PC Central Point, LLC
1361 Pearl Street
Eugene, OR 97401
Grantor:
City of Central Point
Grantee:
PC Central Point, LLC
VACATION QUIT CLAIM DEED
City of Central Point, an Oregon municipal corporation, Grantor, does hereby release
and quitclaim to PC Central Point, LLC, an Oregon limited liability company, Grantee, all right,
title and interest in and to the real property described below, which real property was
vacated, closed and abandoned by Ordinance No. ____________ passed and approved by the City
Council of the City of Central Point, Oregon on September 14, 2023.
See Exhibit A attached hereto.
There is no monetary consideration involved in this transfer. The true consideration for this
conveyance is other consideration, consisting of Grantor’s reservation of certain easements
pertaining to the subject real property.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUIRE ABOUT THE PERSON’S RIGHTS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,
AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES
NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING
OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A
LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010,
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Ordinance No. ________; (________________, 2023)
TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY
LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN
ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY
OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND
SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON
LAWS 2010.
Dated this day of _______, 2023.
CITY OF CENTRAL POINT,
Exhibit only – not for execution
By:
STATE OF OREGON )
) ss.
County of Jackson )
On this ___ day of ___________, 2023, personally appeared before me
, representative of City of Central Point, a municipal corporation, and acknowledged
said instrument to be *his/her* voluntary act and deed.
______________________________
Notary Public for Oregon
My Commission Expires:__________
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Ordinance No. ________; (________________, 2023)
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Ordinance No. ________; (________________, 2023)
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 24, 2023
SUBJECT: Ordinance Amending Title 9 - Gambling and Social Gaming
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
The CPMC Chapter 9.32 prohibits gambling or visiting/frequenting a gambling place.
“Gambling” is not defined but reference is made to state statute.
Per ORS 167.117(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:
***
(c) Social 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.
At its meeting on July 13, 2023, Council directed staff to bring back an ordinance
authorizing social games in City limits, and to set forth regulations to limit the amount of
money a player may risk at such games, and provide other protections such as limiting
the age of persons present, prohibiting advertisement of such games, and restrictions
against allowing a person who is visibly intoxicated from playing. The Council moved the
9.A
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draft ordinance to second reading at its August 10, 2023 meeting.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
See background information.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION:
Move to approve the Ordinance.
RECOMMENDED MOTION:
I move to approve Ordinance No. ________ an Ordinance amending in part Central Point
Municipal Code Chapter 9.32 - Gambling and adding Chapter 9.33 establishing Social Gaming.
ATTACHMENTS:
1. Ord Amending Ch 9.32 regarding Gambling & Adding Chapter 9.33 Social Gaming
9.A
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1 – Ordinance No. __________; (Council Meeting _/__/23)
ORDINANCE NO. _______
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE CHAPTER
9.32 -GAMBLING AND ADDING CHAPTER 9.33 ESTABLISHING SOCIAL GAMING
Recitals:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make
revisions to its municipal code which shall become part of the overall document
and citation.
B. City code prohibits gambling as that term is defined under ORS 167.117. Social
games conducted in private residences are permissible under the ORS subject to
statutory limitations. Additionally, cities may adopt ordinances allowing “social
games” in private businesses, clubs or other places of public accommodation.
C. In recognition of the social benefits of “social games”, and the public interest in
establishing minimum requirements/limitations for such games, the City Council
desires to adopt an ordinance allowing and regulating social games.
D. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Central Point Municipal Code Chapter 9.32 is amended in part to read:
Chapter 9.32
GAMBLING1
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.
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2 – Ordinance No. __________; (Council Meeting _/__/23)
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
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.
SECTION 2. Central Point Municipal Code Title 9 is amended in part to add a new Chapter
9.33 as follows:
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
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3 – Ordinance No. __________; (Council Meeting _/__/23)
“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.
“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, townhomes, 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;
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4 – Ordinance No. __________; (Council Meeting _/__/23)
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;
8. No social game is conducted between the hours 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;
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 operation 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. For purposes of this section, the total
buy-in fee means the maximum amount of chips, tokens, or similar items a
player may purchase in a “day” (as defined in this section 14). 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.
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.
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5 – Ordinance No. __________; (Council Meeting _/__/23)
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 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 _________________ 2023.
___________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 24, 2023
SUBJECT: Resolution Calling for Repeal of Measure 110
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
Oregon Ballot Measure 110 (2020), the Drug Addiction Treatment and Recovery Act was
passed in 2020 with the promise of reducing crime, improving public safety and saving lives.
The evidence shows that Measure 110 has had the opposite effect, leading to an increase in
overdose deaths, criminal activity, public nuisance, and a diminished quality of life for the
citizens of Oregon.
Recently Jackson County adopted a proclamation expressing grave concerns with the
impacts of Ballot Measure 110, and urging the legislature to take whatever steps are
necessary to immediately repeal the provisions of Ballot Measure 110. Clackamas County
has sent two referendums to its voters to determine whether there is support for Ballot
Measure 110. It is hoped that these steps, if supported by multiple jurisdictions will cause
the legislature to consider repeal of the law.
City Staff believes that it would be beneficial to make the state legislature aware of the City’s
concerns regarding the impacts of Ballot Measure 110. Should Council adopt the foregoing
resolution, a copy of the adopted resolution will be forwarded to our local representatives in
the house and senate.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
9.B
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STAFF RECOMMENDATION:
Move to approve Resolution.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, a Resolution proclaiming the City of Central Point’s
call for the repeal of the provisions enacted pursuant to Oregon Ballot Measure 110 (2020).
ATTACHMENTS:
1. RESO Declaring Objections to M 110
9.B
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Res. No.___________; August 24, 2023 Page 1
RESOLUTION NO. ______________
A RESOLUTION PROCLAIMING THE CITY OF CENTRAL POINT’S CALL FOR THE
REPEAL OF THE PROVISIONS ENACTED PURSUANT TO OREGON BALLOT MEASURE
110 (2020)
Recitals:
a. Oregon Ballot Measure 110 (2020), the Drug Addiction Treatment and Recovery Act
was passed in 2020 with the promise of reducing crime, improving public safety and
saving lives.
b. The evidence shows that Measure 110 has had the opposite effect, leading to an
increase in overdose deaths, criminal activity, public nuisance, and a diminished
quality of life for the citizens of Oregon.
c. Since Measure 110 was passed, there has been a dramatic increase in overdose
deaths in Oregon. In 2020, there were 585 overdose deaths. In 2021, that number
increased to 917. As of March 8, 2023, there were 1,161 overdose deaths confirmed
in Oregon in 2022, more than doubling the number experienced just two years prior.
d. The Oregon Health Authority’s Oregon Overdose Prevention Dashboard, found
online, showed an increase in drug overdose deaths from 2020 – 2021, with the
highest rate of deaths being amongst Oregon’s Black and African American
communities.
e. Measure 110’s enforcement provisions have proved ineffectual. As of June 30, 2023,
of the 5,299 tickets filed in Oregon Circuit Courts since Measure 110 went into effect,
more than 3/5ths resulted in the recipient failing to pay and facing no further
penalties, according to the Oregon judicial department, found online, regarding Class
E violations. Most of the rest of the tickets were dismissed or are pending. That State
audit found that, during its first 15-months in operation, the treatment-referral
hotline received just 119 calls at a cost to the State of $7,000 per call.
f. Measure 110 has reduced the deterrent effect of drug laws, making it more likely that
people would use drugs. Currently, the threat of arrest and prosecution serves as a
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Res. No.___________; August 24, 2023 Page 2
deterrent to some people from using hard drugs. Measure 110 has removed this
deterrent, making it more likely that people would use those drugs.
g. Increased hard drug use can lead to a number of public health issues, including Human
Immunodeficiency Virus (HIV)/Acquired Immunodeficiency Syndrome (AIDS),
Hepatitis C, and mental health problems. These irrefutable issues place a strain on
our healthcare system and make it more difficult to provide care for people who need
it.
h. Measure 110 has also made it more likely that people will commit property crimes. A
study by the National Institute of Drug Abuse found that drug users are more likely to
commit property crimes than non-drug users. The study found that drug users are 2.5
times more likely to commit burglary, 2 times more likely to commit larceny, and 1.5
times more likely to commit motor vehicle theft.
i. Drug users are also more likely to be involved in drug trafficking. A study by the United
Nations Office on Drugs and Crime found that drug users are 2.5 times more likely to
be involved in drug trafficking than non-drug users.
j. The cost of criminal activity associated with drug use is significant. A study by the
RAND Corporation found that drug use costs the United States $1,000,000,000,000
per year in crime, healthcare, and lost productivity. The National Institute on Drug
Abuse estimates that drug use contributes to 1 in 5 violent crimes and 1 in 7 property
crimes. The Centers for Disease Control and Prevention estimates that drug use costs
the United States $74,000,000,000 per year in healthcare costs.
k. Members of law enforcement and the criminal justice system have reported that
Measure 110 has made it more difficult to motivate drug users to enter treatment.
The threat of arrest and prosecution can be a motivating factor for people to enter
treatment. Measure 110 has removed this motivating factor, making it more likely
that people would continue to use drugs and not seek treatment. This is especially
true for people who are struggling with addiction and whom may need the structure
and support of a treatment court or in-custody treatment program.
l. Measure 110 has reduced the quality of life for residents. Hard drug use is often
associated with public nuisance behavior, such as loitering, littering, aggressive
panhandling, and increased criminal activity. This has led to a diminished ability to
safely use parks and other public spaces inhabited by drug users.
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Res. No.___________; August 24, 2023 Page 3
m. Measure 110 has led to an increase in environmental damage. Unauthorized camping
and dumping of garbage and human waste on the land and in rivers and streams has
increased since the passage of Measure 110. This has led to pollution of our
waterways, contamination of our soil, and the spread of disease.
n. Measure 110 has diverted marijuana tax revenue from counties, which has led to a
loss of funding for essential services such as law enforcement, education, and public
health. In 2021, counties lost an estimated $50,000,000 in marijuana tax revenue due
to Measure 110.
o. Measure 110 has made Oregon a destination for hard drug users from other states.
This is because Oregon is one of the few states where hard drug possession is
decriminalized. This has led to an increase in the number of hard drug users in
Oregon, which has put a strain on our resources and made it more difficult to address
the drug overdose crisis.
p. The City Council believes that the derogatory effects and long-term threats to the
health, safety, and welfare of the citizens of Central Point by Measure 110 should be
acknowledged and that Measure 110 should be repealed.
The City of Central Point resolves as follows:
Section 1. The provisions enacted pursuant to Oregon Ballot Measure 110 (2020) need to be
repealed to protect the public health, safety and welfare.
Section 2. The City of Central Point urges the Oregon Legislature to take immediate action
necessary to repeal the provisions enacted pursuant to Oregon Ballot Measure 110 (2020).
Passed by the Council and signed by me in authentication of its passage this _____ day of
August, 2023.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Attorney
FROM: Sydnee Dreyer, City Attorney
MEETING DATE: August 24, 2023
SUBJECT: Discussion - Consideration of Future Annexations
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
There are a number of properties adjacent to City limits, or completely surrounded by City limits,
that are not within the City despite potentially receiving city services. The purpose of this
discussion is to address the various processes for annexing property and to seek direction from
Council as to whether to proceed with annexations in the future. In the event Council directs
staff to pursue future annexations, the starting point would be to address island annexations for
properties that are completely surrounded by City limits.
City staff has put together a map which depicts, by color, potential annexation properties broken
down into island annexations, properties that have contractual annexation agreements, and all
other properties that might be reasonable to annex given their location to the City, receipt of City
services, or the opportunity for a reasonable extension of service.
FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
The city attorney has prepared a memo outlining the various processes attached hereto.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Responsible Governance
GOAL 1 - Maintain a strong financial position that balances the need for adequate service levels
and capital requirements against the affordability that is desired by our citizens.
GOAL 2 - Invite Public Trust.
STRATEGY 1 – Be a trusted source of factual information.
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STAFF RECOMMENDATION:
None.
RECOMMENDED MOTION:
None.
ATTACHMENTS:
1. Memo regarding Annexation Procedures Updated August 2023
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MEMORANDUM
TO: Chris Clayton, City Manager
FROM: Sydnee Dreyer
RE: Annexation Processes
DATE: August 15, 2023
The City may only annex properties that are contiguous to City limits and only if it is
“reasonable” to do so. To be contiguous means there must be some connection to the City, either
by a narrow strip of land or by annexing right-of-way that extends to the property proposed for
annexation.
Absent an exception, an annexation must be approved by a majority of City electors and a
majority of the territory proposed for annexation. The two elections may be held concurrently,
or within 12-months of each other. Best practice often would be to hold the territory election
first, to see if it passes, and only then have the more costly City election. However, in many
instances the City may dispense with one or both of the election proceedings as further explained
below.
Island Annexation (Shown in Blue on Map)
The City may annex property with or without the consent of a property owner where that
property is surrounded by the corporate boundaries of the City. A property is an “Island” if it is:
“surrounded by the corporate boundaries of the city, or by the corporate boundaries of the city
and the corporate boundaries of another city, the ocean shore, a river, a creek, a bay, a lake or
Interstate Highway 5….” However, if the subject property is bordered in part by public right of
way (other than I-5) such right-of-way may not constitute more than 25% of the property’s
boundaries. If greater than 25% of the boundary is right of way (other than I-5) then the City
cannot use the Island Annexation process. If the City seeks to annex an island, it must annex the
entire “island” territory. Annexing a portion of the island is not permitted.
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a) Process to Annex.
The City may annex the territory pursuant to ORS 222.750 after holding at least one public
hearing on the subject for which notice has been mailed to each record owner of real property in
the territory proposed to be annexed. Consent of the owner or resident of the subject property is
not required.
The annexation may be by Ordinance or Resolution and is subject to referendum meaning that
registered voters in City limits may seek to reject the Ordinance or Resolution by election, using
the referendum process.
b) Timing for Annexation.
For property zoned for, and in use as, residential at the time the annexation is initiated, the City
must specify an effective date for the annexation that is not less than 3 nor more than 10 years
from the date of the approval of the annexation.
Within 60-days following approval of the annexation, the City recorder must record with the
County a notice stating that the annexation is delayed and specify the effective date of such
annexation. Additionally 90-120 days before the annexation takes effect, the City recorder must
notify the County clerk of the annexation.
If the property is sold during the period of delayed annexation, the property becomes part of the
City immediately upon transfer of ownership. It is advisable to include such language in the
notice recorded with the County.
Contract Annexation (Property shown in Orange on map).
A requirement for any annexation is that the property be contiguous to City limits, or separated
from the City only by public right-of-way or a stream or other body of water. Properties that
have signed annexation agreements, but are not yet contiguous to City limits, are not candidates
for annexation at this time.
In determining what procedures apply, a contract annexation is also deemed a written consent to
annexation. As such, the discussions below regarding consent to annexation are applicable to
contract annexations as well.
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Unanimous Landowner Consent.
If 100% of the property proposed for annexation has consented, (and at least 50% of the electors
in the territory) then the City can annex the territory without a public hearing or an election and
may by resolution or ordinance set the final boundaries of the area to be annexed by a legal
description and proclaim the annexation.
Annexation without Consents (All other eligible properties shown in green).
The City may initiate the annexation process by motion of the Council regardless of whether the
City has received consents to annex or a petition to annex. In that event, the City is not required
to hold a City election if the City holds a public hearing, which is noticed once each week for
two successive weeks prior to the day of the hearing in a newspaper of general circulation in the
city, and shall cause notices of the hearing to be posted in four public places in the city for a like
period.
After the public hearing, the City may adopt an ordinance annexing the territory. The Ordinance
would provide that either: a) the territory is annexed to the city where electors or landowners in
the contiguous territory consented in writing to such annexation, as provided in ORS 222.125 or
222.170, prior to the public hearing; or that b) the territory is annexed upon the condition that a
majority of the votes cast in an election of the territory is in favor (the latter applies if there are
insufficient consents to avoid the territory election).
The City may include a special rate of taxation for the new territory that is a ratio of the highest
rate of taxation applicable to property in the city for a term of up to 20-years (note if the
annexation is initiated by petition of the property owners the term of the special taxation rate is
limited to 10-years). The special rate may increase from fiscal year to fiscal year pursuant to a
proposed schedule. If the annexation is approved, the city cannot tax the annexed territory at any
other rate than the special rate for the term that is in effect. Notwithstanding the foregoing,
during the term of fiscal years provided for, the ratio shall be 100 percent for property that is sold
or transferred to new ownership, beginning with the first property tax year that begins after the
sale or transfer.
In determining whether there are sufficient consents to avoid a territory election, the following
apply:
Triple Majority Consents: A territory election is not required if written consents are
received by: 1) more than ½ of the landowners in the territory, who 2) also own more than ½ of
the total land in the territory, 3) the assessed value of which is more than ½ of the assessed value
of all land in the territory.
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Double Majority Consents: A territory election is not required if written consents are
received by: 1) more than ½ of the registered voters in the territory; and 2) the owners of more
than ½ of the land, whether or not they are the same individuals.
A statement of consent (unlike a contract annexation) is only valid for 1-year unless a longer
period of time is expressly stated.
Effect of Annexation on Uses.
Annexation may result in some non-conformity. Typically, if what was occurring on the property
while it was under County jurisdiction was legal, it can continue once the property is annexed,
even if it does not fully meet City regulations. Any non-conforming activity is subject to the
provisions in CPMC, meaning discontinuing or abandoning a use can result in having to comply
with City regulations.
Post Annexation Obligations.
If annexation is approved by the Council, the City Recorder must, within 10-working days after
passage of the resolution or ordinance, provide by certified mail to all public utilities, electric
cooperatives and telecommunications carriers operating within the city each site address to be
annexed as recorded on county assessment and tax rolls, a legal description and map of the
proposed boundary change and a copy of the city council’s resolution or ordinance approving the
proposed annexation. ORS 222.005.
In addition the Recorder must report to the county clerk and county assessor of the county within
which the city is located all changes in the boundaries or limits of the city. The report shall
contain a detailed legal description of the new boundaries established by the city. The report
shall be filed by the city within 10 days from the effective date of the change of any boundary
lines. ORS 222.010.
For purposes of ad valorem taxation, a boundary change must be filed in final approved form
with the county assessor and the Department of Revenue as provided in ORS 308.225.
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