HomeMy WebLinkAboutOctober 26, 2023 Agenda Packet
CITY OF CENTRAL
POINT
Oregon
City Council Meeting Agenda
Thursday, October 26, 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. Swearing on of Police Officers New and Promotions
2. SOREDI Presentation
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 October 10, 2023 City Council Minutes
VII. ITEMS REMOVED FROM CONSENT AGENDA
VIII. ORDINANCES, AND RESOLUTIONS
A. An Ordinance Amending CPMC Section 15.04.010 Standards Applicable to
Building to Comply with Updates and References to New State Code
(Zwagerman)
B. Ordinance Amending Arts Commission Membership (Samitore)
C. Resolution Approving MOU for Emergency Facility Use School District 6
(Samitore)
IX. BUSINESS
A. Publicly Accessible Camera Systems (Clayton)
B. Information on the updates to the Environmental Element of the Comprehensive
Plan and discussion of the inventories for wetlands and riparian areas.
(Gindlesperger)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION
The City Council will adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the
Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.
XV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the
hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request,
please contact the City Recorder at 541-423-1015 (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
Tuesday, October 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 Present
Kelley Johnson Ward II Absent
Melody Thueson Ward III Present
Taneea Browning Ward IV Absent
Rob Hernandez At Large Remote
Michael Parsons At Large Present
Staff members present: City Manager Chris Clayton, City Attorney Sydnee Dreyer
(Remote); Parks and Public Works Director Matt Samitore; Police Chief Scott Logue;
Building Director Derek Zwagerman, Facilities Management Coordinator Troy Tibbets,
and City Recorder Rachel Neuenschwander.
IV. PUBLIC COMMENTS
Crater High Student McKinley Coontz presented to Council what Crater Students are
currently working on and upcoming events.
V. CONSENT AGENDA
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Thueson, Hernandez, Parsons
ABSENT: Kelley Johnson, Taneea Browning
A. Approval of September 14, 2023 City Council Minutes
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING
A. An Ordinance Amending CPMC Section 15.04.010 Standards Applicable to
Building to Comply with Updates and References to New State Code
Building Director Derek Zwagerman presented to Council the first reading of an
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City of Central Point
City Council Minutes
October 10, 2023
Page 2
Ordinance amending Central Point Municipal Code Section 15.04.010 Standards
Applicable to Building to Comply with Updates and References to New State Code.
Michael Parsons move to forward to a second reading an Ordinance
Amending section 15.40.010 Standards Applicable to Building of Central
Point Municipal Code to Comply with Updates and References to New State
Code.
RESULT: 1ST READING [UNANIMOUS]
Next: 10/26/2023 7:00 PM
MOVER: Michael Parsons, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Thueson, Hernandez, Parsons
ABSENT: Kelley Johnson, Taneea Browning
B. A Resolution Amending the Building Permit Schedule
Building Director Derek Zwagerman presented a Resolution Amending the Building
Permit Fee Schedule to the Council. The last time the City Council amended the
Building Fee schedule was in June 2014. The fee increase is necessary to maintain
funding to support Building Department administration and operations.
Neil Olsen moved to approve Resolution No 1761, a Resolution Amending
Building Permit Fees.
RESULT: APPROVED [UNANIMOUS]
MOVER: Neil Olsen, Ward I
SECONDER: Rob Hernandez, At Large
AYES: Williams, Olsen, Thueson, Hernandez, Parsons
ABSENT: Kelley Johnson, Taneea Browning
VIII. ORDINANCES, AND RESOLUTIONS
A. Resolution Authorizing the Award of a Contract for the Water Conservation
Plan to GSI Inc. and Authorizing the City Manager to Execute Same.
Parks & Public Works Director Matt Samitore presented to the Council a Resolution
Authorizing the award of a contract for the water conservation plan to GSI Inc., and
authorizing the City Manager to execute the same. The City received three
proposals, GSI Inc., Brown & Caldwell, and RH2 Inc. All three bids were accepted
and met the general qualifications needed for the plan. The review team
unanimously decided upon GSI, Inc. based on their history of completing these
projects and their overall proposal.
Council questioned if this was an update to an existing plan or a new project. Matt
responded that there was a loose conservation plan with the 2020 Master Plan;
however, this will be the first formalized conservation plan.
Melody Thueson moved to approve Resolution No 1762 authorizing the
award of a contract for the Water Conservation Plan to GSI Inc. and
authorizing the City Manager to execute sate.
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City of Central Point
City Council Minutes
October 10, 2023
Page 3
RESULT: APPROVED [UNANIMOUS]
MOVER: Melody Thueson, Ward III
SECONDER: Michael Parsons, At Large
AYES: Williams, Olsen, Thueson, Hernandez, Parsons
ABSENT: Kelley Johnson, Taneea Browning
B. Resolution Initiating the Island Annexation Process
City Manager Chris Clayton presented to the Council a resolution initiating the Island
Annexation Process. This resolution is unnecessary to start the process; however,
to be transparent, the City submitted a resolution to set the hearing date to initiate
the Island Annexation Process. The City has obtained a quotation from the City
Contracted Surveyor, Neathamer Surveying, for the professional survey necessary
for the island annexation procedure. The budget cap is at $25,000.
Two properties circled on the map will be excluded from the island annexation
process: the Knife River property and the other is a parcel over 2 acres that would
require a master plan when annexed.
City staff is seeking approval to move forward and schedule the Public Hearing for
February 9, 2024.
Michael Parsons moved to approve Resolution NO 1763, a Resolution of the
City Council of the City of Central Point authorizing staff to proceed with
initiating the island annexation process and setting a public hearing date.
RESULT: APPROVED [UNANIMOUS]
MOVER: Michael Parsons, At Large
SECONDER: Melody Thueson, Ward III
AYES: Williams, Olsen, Thueson, Hernandez, Parsons
ABSENT: Kelley Johnson, Taneea Browning
IX. BUSINESS
A. Restarting Art Commission
Parks & Public Works Director Matt Samtiore presented to the Council the restarting
of the Arts Commission. The Arts Commission was started in 2009 and disbanded
because of a lack of attendance in 2013. The Chamber and other residents have
recently shown interest in bringing the Arts Commission back. Nikki Peterson has
agreed to be the staff liaison for the commission. If reinstated, the commission
would meet four times a year.
The group interested has asked if the residency requirements could be looked at to
allow more flexibility for membership to business owners or teachers in the city-the
current membership requirements are listed under CPMC 2.59.030.
The Council was willing to look at making changes to the Ordinance to update the
residency requirements for the Arts Commission. Staff will bring back a first draft of
changes to a future meeting.
B. Planning Commission Report
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City of Central Point
City Council Minutes
October 10, 2023
Page 4
Parks & Public Works Director Matt Samitore presented the Planning Commission
meeting report; the meeting was a continuation of the Medical Center on Biddle
Road. It was made clear to the meeting attendees that if they could not attend the
November 7th meeting, now was the time to speak; one resident spoke at the
meeting with similar concerns as the other residents.
X. MAYOR'S REPORT
Mayor Hank Williams reported that:
He attended study session.
He attended the Mayors United Dinner.
He attended the Fair Board Meeting.
XI. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
He attended the Mayors United Dinner.
He met with Sydnee, Rachel, and Chief Logue this afternoon regarding 1361 Marilee St.
Sydnee has looked at the code, and the City has a plan; the owner has a registered
Business with the State, and he does not have a city business license or home
occupation permit, a letter will go out addressing this. He also plans to meet with the
residents who brought this to the council to discuss what the City intends to do.
The City received a tort claim from someone who hit his head on a sign at Pilot while
walking down the sidewalk at Pilot.
There has been movement on the land swap with School District 6 that involves the land
around Mae Richardson Elementary and a piece in Twin Creeks Park.
Recruiting and Retention have been difficult in the City.
Jacksonville Police Department has disbanded and has contracted with the Sheriff’s
Dept.
We have installed new door locks in the bathroom in the lobby and upstairs in the Police
Dept. This will hopefully alleviate the vandalism.
The signal is up at Scenic Ave.
The plaque at Bohnert Park has been installed.
He will be at the LOC Conference this week, and there may not be a weekly report.
New playground equipment at Forest Glen Park has been installed.
Stephanie has been out caring for her ailing father and will hopefully be back this week.
XII. COUNCIL REPORTS
Council Member Rob Hernandez reported that he attended the study session.
Council Member Melody Thueson reported that:
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City of Central Point
City Council Minutes
October 10, 2023
Page 5
She attended the study session.
She attended the school board meeting.
Rogue Primary has an Open House tomorrow.
She attended the hearts with a mission fundraiser.
The fourth grade teachers attended the salmon watch; they took a field trip just off
Twin Creeks and Buck Point to see a beaver habitat.
Council Member Mike Parsons reported that:
He attended the study session
He attended the Rogue Valley Sewer Services Board of Directors meeting.
He attended the Parks and Recreation Commission meeting.
He attended the Jackson County Public Policy Coordinating Council meeting.
He attended the Mayors United Event.
He attended the Battle of the Food Trucks event.
Council Member Neil Olsen reported that:
He attended the study session.
He attended the Hispanic Heritage Celebration event.
He enjoyed using the crosswalk at Scenic and Hwy 99.
He enjoyed seeing the families and kids using the soccer fields
He listened to the Planning Commission meeting.
XIII. DEPARTMENT REPORTS
Police Chief Scott Logue reported that:
He spent 12 days in the wilderness off the grid.
The Police Department has hired two lateral officers: Officer John MacKenzie from
Curry County and Officer Sean Considine from Nebraska. Two more candidates are
possibly going to receive job offers this month.
Before the next meeting, he should be a grandfather.
Parks and Public Works Director Matt Samitore reported that:
The Scenic intersection is open after a long delay.
The Hispanic Heritage Celebration was a huge success.
They had 4700 people attend the Battle of the Food Trucks event.
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City of Central Point
City Council Minutes
October 10, 2023
Page 6
There will be a couple of bids for some upcoming construction projects soon.
XIV. EXECUTIVE SESSION
XV. ADJOURNMENT
Michael Parsons made a motion to adjourn. All said aye and the meeting was
adjourned at 8:11 PM.
The foregoing minutes of the October 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:
Community Development
FROM: Derek Zwagerman, Building Division Manager
MEETING DATE: October 26, 2023
SUBJECT: An Ordinance Amending CPMC Section 15.04.010 Standards Applicable
to Building to Comply with Updates and References to New State Code
ACTION REQUIRED:
Motion
Ordinance 2nd Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION: This is the second reading of an Ordinance updating the
CPMC Building Code. The Oregon Building Codes Division (BCD) has adopted updated codes
for the commercial structural and mechanical construction. This ordinance aligns the adopted
codes of the City of Central Point to the adopted codes of Oregon BCD.
FINANCIAL ANALYSIS: The financial impact to the City of Central Point is the purchase price
of the new code books. Total cost of codebooks is approximately $1,200.00.
LEGAL ANALYSIS: The adoption of the revised codes is required to comply with OAR 918
and ORS 455.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
STAFF RECOMMENDATION: Approve ordinance.
RECOMMENDED MOTION:
I move to approve Ordinance No. ________, an Ordinance Amending Section 15.04.00
Standards Applicable to Building of the Central Point Municipal Code to Comply with Updates
and References to New State Code.
ATTACHMENTS:
1. Ordinance Amendment 15.04 building codes Oct 2023
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ORDINANCE NO. _______
AN ORDINANCE AMENDING CPMC SECTION 15.04.010 STANDARDS
APPLICABLE TO BUILDING TO COMPLY WITH UPDATES AND
REFERENCES TO NEW STATE CODE
Recitals:
A. Words lined through are to be deleted and words in bold are added.
B. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to
time make revisions to its municipal code which shall become part of the
overall document and citation.
C. The Central Point Building Department initiated and recommended
approval of a code amendment to CPMC Chapter 15.04.010 bringing the
City’s municipal code into conformance with State Building Code Revisions
and Updates.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Section 15.04 of the Central Point Municipal Code is amended to read:
15.04.010 Standards applicable to building.
All construction, building, and related activities within the city shall comply with all
ordinances of the city and with the following specialty codes, which by this reference are
expressly adopted and incorporated into this code:
A. The 2022 Oregon Structural Specialty Code based on the International Building Code,
2021 Edition, as published by the International Code Council and amended by the Building
Codes Division; specifically adopting and including Section 101.2.1 requiring building
permits for the following:
5. Cellular phone, radio, television and other telecommunication and broadcast towers
that are not attached to or supported by a regulated building.
8. Signs not located in a public right-of-way, and not attached to or supported by a
regulated building. Including Appendix H, Signs.
13. The design and construction of in-ground swimming pools accessory to not more
than four dwelling units.
B. The 2022 Oregon Mechanical Specialty Code based on the 2021 International
Mechanical Code and the 2021 International Fuel Gas Code, as published by the
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Pg. 2 Ordinance No. ____________ (10/__/2023)
International Code Council, Inc., amended by the Oregon Building Codes Division, with
fees as per the mechanical fee schedule adopted by the city of Central Point.
C. The 2023 2021 Oregon Residential Specialty Code based on the 2021 2018 International
Residential Code, as published by the International Code Council and amended by the
Building Codes Division; specifically adopting and including Section R101.2.2, Item 7,
requiring permits for the construction of in-ground swimming pools.
D. The 2023 2021 Oregon Electrical Specialty Code based on the 2023 National Electrical
Code (NEC) 2020 NFPA 70 and amended by the Building Codes Division.
E. The 2023 2021 Oregon Plumbing Specialty Code based on the 2021 Uniform Plumbing
Code and amended by the Building Codes Division.
F. 1994 Edition of the Uniform Abatement of Dangerous Buildings as published by the
International Conference of Building Officials.
G. The 2010 Edition Oregon Manufactured Dwelling Installation Specialty Code.
H. The 2021 Oregon Energy Efficiency Specialty Code based on ASHRAE Standard 90.1-
2019. (Ord. 2093 § 1, 2023; Ord. 2082 §1, 2021; Ord. 2063 §1, 2020; Ord. 2038 §1(part),
2017; Ord. 2027 §1(part), 2016; Ord. 1991 §1(part), 2014; Ord. 1953 §1, 2011; Ord. 1938 §1,
2010; Ord. 1904, 2007; Ord. 1857, 2005; Ord. 1853 §1, 2004; Ord. 1832 §1, 2003; Ord. 1807
§1, 2000; Ord. 1798 §1, 1998; Ord. 1781 §1(part), 1997; Ord. 1764 §1, 1997; Ord. 1749 §3,
1996; Ord. 1686 §1, 1993; Ord. 1683 §1, 1993; Ord. 1640 §1, 1990; Ord. 1630 §1, 1990; Ord.
1573 §1, 1986; Ord. 1520 §1, 1984; Ord. 1497 §1, 1983; Ord. 1482 §1, 1982; Ord. 1409
§1(part), 1980; Ord. 1167 §2, 1974).
Section 2. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word Ordinance may be changed to “code”, “article”, “section”,
“chapter”, or other word, and the sections of this Ordinance may be renumbered, or
re-lettered, provided however that any Whereas clauses and boilerplate provisions
need not be codified and the City Recorder is authorized to correct any cross
references and any typographical errors.
Section 3. 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.
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Pg. 3 Ordinance No. ____________ (10/__/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:
Parks and Recreation
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: October 26, 2023
SUBJECT: Ordinance Amending Arts Commission Membership
ACTION REQUIRED:
Motion
Ordinance 1st Reading
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
CPMC Chapter 2.59 establishes an Arts Commission. The Arts Commission was started in
2009 and was disbanded because of a lack of attendance in 2013. The purpose of the Arts
Commission is to review public art projects, review projects that are part of capital improvement
projects, develop public art projects and serve as a sounding board for arts related items to be
presented to city council for approval. The arts commission is advisory to the city council on all
matters affecting proposed public art projects as well as implementing and starting new public
art projects in the city of Central Point.
Recently, the Chamber and other residents expressed interest in bringing the Commission back
to look at installation of Art in the Downtown, Murals, and Art in the Park and requested that the
city consider additional flexibility in its membership requirements to help ensure success.
Current code requires at least five members to be residents within the City, and allows two
members to establish membership through City business ownership/operations or serving as a
teacher in School District No. 6.
In order to allow greater flexibility in membership, it was determined that modifying membership
to require a minimum of four members to be residents of the City, and allowing up to three
members to establish membership through business ownership/operations or serving as a
teacher in School District No. 6 would make it easier to fill positions, while still ensuring that the
interests of the City were best served and recognized.
The proposed ordinance would modify the membership requirements of the Commission to
reflect this change. Nikki Peterson has agreed to be the staff liaison for the commission. The
code currently provides for a Council liaison to the Commission. If reinstated, the Commission
would meet four times a year.
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FINANCIAL ANALYSIS:
LEGAL ANALYSIS:
While a council liaison is not a voting member, he or she may be counted for purposes of
determining whether a quorum exists.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
GOAL 2: Create opportunities for all segments of the population to enjoy Central Point places
and events.
STRATEGY 5: Create and support public art that celebrates our community. Continue to
collaborate with local businesses and schools to develop public art projects such as the mosaic
project. Showcase local artists whenever possible. Use art to celebrate community diversity and
multiculturalism.
STAFF RECOMMENDATION:
Make a motion to forward to second reading.
RECOMMENDED MOTION:
I move to forward to second reading an Ordinance amending in part Central Point Municipal
Code § 2.59.030 – Arts Commission Membership.
ATTACHMENTS:
1. Ord Amending Ch 2.59.030 Arts Commission Membership
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1 – Ordinance No. __________; (Council Meeting _/__/23)
ORDINANCE NO. _______
AN ORDINANCE AMENDING IN PART CENTRAL POINT MUNICIPAL CODE § 2.59.030
ARTS COMMISSION MEMBERSHIP
Recitals:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make
revisions to its municipal code which shall become part of the overall document
and citation.
B. The City has historically had difficulties finding a sufficient number of volunteers
to establish an Arts Commission. Current code requires at least five members to
be residents within the City, and allows two members to establish membership
through City business ownership/operations or serving as a teacher in School
District No. 6.
C. Staff has been approached by individuals seeking to re-establish the Arts
Commission and modifying membership requirements to reduce the residency
requirements to a minimum of four members in order to allow more flexibility in
finding suitable volunteers for the Commission.
D. The Council finds it is in the public interest to renew the Arts Commission and to
modify the membership requirements to allow greater flexibility in filling the
volunteer positions.
E. 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 § 2.59.030 is amended in part to read:
2.59.030 Membership.
A. The arts commission shall consist of seven members who shall be selected through an open
public process and formally appointed by the mayor with approval of the city council. At least
five four members shall be residents within the city limits, and the fifth, sixth and seventh
member may either be a resident of the city or shall (1) reside within the urban growth
boundary of the city as established in the city’s comprehensive plan, (2) own and operate a
business within the city limits, or (3) be a teacher for School District No. 6 working in the city
limits.
B. Members must maintain their membership requirements during the course of their terms to
continue to hold office.
8.B.a
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2 – Ordinance No. __________; (Council Meeting _/__/23)
C. Members will be appointed for terms of three years. Three of the initial members shall be
appointed for two-year terms to assure that all appointments do not expire at the same time.
Terms will expire December 31st of each year.
D. The mayor may appoint one member of the city council to attend the arts commission and
act as liaison to the city council. (Ord. 1933 §1, 2010; Ord. 1930 §1(part), 2009).
SECTION 2. 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 3. 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
8.B.a
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Parks and Recreation
FROM: Matt Samitore, Parks and Public Works Director
MEETING DATE: October 26, 2023
SUBJECT: Resolution Approving MOU for Emergency Facility Use School District 6
ACTION REQUIRED:
Motion
Resolution
RECOMMENDATION:
Approval
BACKGROUND INFORMATION:
School District No. 6 has requested to enter into a MOU with the City to allow the District to
utilize the Public Works Operations Center as an overflow emergency evacuation shelter and/or
reunification site in the event of a school incident which necessitates off-site evacuation.
Staff has put together a Memorandum of Understanding which sets forth the intended use of the
facility as an emergency evacuation center, the obligations of the District in using the site,
limitations on liability for each party, and the term of the agreement.
The District has reviewed and approved the MOU which is now before Council for approval.
FINANCIAL ANALYSIS:
Not Applicable.
LEGAL ANALYSIS:
The City has authority under ORS 190.010 to enter into agreements with other governing bodies
to promote the health and welfare of the community.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Responsible Governance
GOAL 6: Prepare as a resilient city with the capabilities required across the whole community to
prevent, protect against, mitigate, respond to, and recover from the threats and hazards that
pose the greatest risk.
8.C
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STAFF RECOMMENDATION:
Make a motion to approve the Resolution.
RECOMMENDED MOTION:
I move to approve Resolution No. _____, a Resolution approving that Memorandum of
Understanding with Central Point School District 6 for Emergency Facility Use and authorizing
City Manager to execute same.
ATTACHMENTS:
1. Reso - MOU Emergency Facility Use Agt - District 6
2. MOU - School District - Central Point - Emergency Facility Use (1)
8.C
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Res. No.___________; October 26, 2023 Page 1
RESOLUTION NO. ______________
A RESOLUTION APPROVING THAT MEMORANDUM OF UNDERSTANDING WITH
CENTRAL POINT SCHOOL DISTRICT 6 FOR EMERGENCY FACILITY USE AND
AUTHORIZING CITY MANAGER TO EXECUTE SAME
Recitals:
A. The City and the District have authority to enter into intergovernmental agreements
pursuant to ORS Chapter 190.
B. The District is required to adopt an Emergency Operation Plan which provides for
employee training, school drills, and coordination with local agencies. Pursuant to
that Plan, the District seeks to enter into a Memorandum of Understanding with the
City to use the Public Works Operations Center for an off-site evacuation center
and/or reunification site in the event of a District emergency.
C. The City Council finds such use could be accommodated and would be in the public
interest, subject to the terms set forth in the attached MOU.
D. The MOU sets forth the obligations of each party, including the responsibility of each
party to cover its own expenses for transportation, food, housing, etc; requires the
District to supervise the activities of its students and staff while at the Operations
Center, and establishes that each part is solely responsible for any act, omission or
failure to act by each respective party or its employees or agents during the course
of an evacuation.
The City of Central Point resolves as follows:
Section 1. The Central Point City Council Approves that Memorandum of Understanding with
School District 6 for Emergency Facility Use attached hereto as Exhibit “A”, and authorizes the
City Manager to execute same.
Passed by the Council and signed by me in authentication of its passage this _____ day
of October, 2023.
_______________________________
Mayor Hank Williams
ATTEST:
______________________________
City Recorder
8.C.a
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Memorandum of Understanding – Emergency Facility Use
Agreement
City of Central Point and Jackson County School District #6
THIS MEMORANDUM OF UNDERSTANDING (“Agreement”) for Emergency
Facility Use is made and entered into this ___ day of ____________, 2023 by and between
City of Central Point, a municipal corporation, hereinafter referred to as "City", and Jackson
County School District # 6, a public-school district hereinafter referred to as "District."
RECITALS
WHEREAS, the Parties desire to enter into a Memorandum of Understanding to give
the District immediate access to the City of Central Point Public Operations Center
(“Facility”) located at 235 South Haskell Street as an overflow emergency
evacuation shelter and/or reunification site in the event of a school incident or other
emergency which requires any District campus to perform an off-site evacuation or establish
a location for reunification of students and families; and
WHEREAS, the Parties find that entering into such an Agreement serves a public
purpose and enhances the safety of the students who live in the City and attend schools in
the District; and
WHEREAS, ORS 190.010 authorizes the governing bodies to enter into agreements
with each other to promote the health and general welfare of the community.
NOW THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the sufficiency of which are acknowledged, and subject to the terms and
conditions hereinafter set forth, the Parties agree as follows:
TERMS AND AGREEMENT
1. Purpose.
The Parties recognize their respective duties to help prepare, safeguard, and protect citizens
and property from the effects of disasters or other emergencies through effective planning,
preparation, response, and recovery activities.
In accordance with District Policy, the District is required to adopt an Emergency Operation
Plan, which provides for employee training, school drills, and coordination with local
agencies. Pursuant to this provision, the District has entered into this Agreement with the City,
to provide for use of the Facility in an off-site evacuation and/or reunification site in the event
of an emergency. This may include, but is not limited to, a natural disaster, active shooter,
fire, or any other event that poses a serious danger to persons or property on a District campus.
In order to prepare effectively for campus emergencies, the City has agreed to allow the
District immediate access to the Facility, at no cost to the District.
8.C.b
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2.Cooperative Agreement
So that communications resources of the City and the District may be coordinated and utilized
to the fullest advantage during disasters, emergencies, and public-service related situations,
and to the extent permitted or required by law and regulation, the City and the District have
agreed that each Party will:
a.Encourage ongoing communication with the other Party to allow for effective
cooperation.
b.Work with each other in developing emergency plans.c.Work with each other in times of disaster or emergency to meet the needs of both
Parties.d.Work within each Party’s own lines of authority and respect the lines of authority of
the other Party. Direct supervision and control of personnel, equipment, and resources
and personnel accountability remain the responsibility of the designated supervisory
personnel of each Party.e.Strive to distribute copies of and publicize this Agreement through channels to its own
members, and to other organizations, both public and private, which may have an
active interest in disaster relief.
f.Acknowledge that each Party intends that transportation, food, housing, and any
expenses incurred by either Party shall be the responsibility of the Party that incurs
the expense.g.Acknowledge that each Party intends to make best efforts toward accommodations
and necessities during an event requiring implementation of this Agreement (i.e., an
emergency) but agree that such may not be the priority during such circumstances and
cannot be assured.h.District shall be responsible and exercise reasonable care for supervising the activities
of its students and staff while they are utilizing the Facility.i.District shall be responsible for the replacement, restoration or repair of any damage
to the Facility caused by District students or staff while they are utilizing the Facility.j.In paying for the performance of governmental functions or services, each Party must
make those payments from current revenues available to the paying Party.
3.Compliance with Law/Non Discrimination
All use of the Facility shall be in accordance with state and local law. In the case of a conflict
between the terms of this Agreement and the requirements of state law, the state law shall
govern. Any actions taken by District or City that are required by state law, but are
inconsistent with the terms of this Agreement, shall not be construed to be a breach or default
of this Agreement.
4.Implementation
This Agreement becomes effective as of the date on which the last Party signs this Agreement
(the “Effective Date”). The initial term of this agreement is five (5) years.
This memorandum may be amended by mutual written agreement of both Parties, and it is
understood by both Parties that this Memorandum of Understanding may be terminated at any
time by written notification from either Party to the other (but not during an emergency or
incident requiring off-site evacuation to the Facility).
8.C.b
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Six months prior to the expiration of the initial 5 year term, unless earlier terminated as
provided herein, the parties shall meet to review the progress and success of the
Memorandum of Understanding and determine whether it shall be extended for an
additional 5 years.
5. Miscellaneous
5.1. Powers - This Memorandum of Understanding does not create a partnership or a joint
venture, and neither Party has the authority to bind the other.
5.2. Responsibilities of Parties - Each Party covenants and agrees, to the extent permitted
by law, that each Party shall be solely responsible for any act, omission, or failure to act by
said Party or its respective employees or agents, during the course of an evacuation and use
of the Facility pursuant to this Agreement.
5.3. Entire Agreement - This Agreement is the entire agreement between the Parties as
to the subject matter hereof and supersedes any prior understanding or written or oral
agreement relative to the subject matter hereof. This Agreement may be amended only by
written instrument duly approved and executed by both Parties in accordance with the
formalities of this Agreement.
5.4. No Waiver of Immunity - Neither Party waives or relinquishes any immunity or
defense on behalf of itself, its trustees, councilmembers, officers, employees, or agents
because of the execution of this Agreement and the performance of the covenants and
agreements contained herein.
5.5. Choice of Law & Venue - This Agreement shall be governed by Oregon law and
mandatory and exclusive venue of any dispute between the Parties to this Agreement shall be
in Jackson County, Oregon.
5.6. Counterparts - This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which together shall be deemed to be one
and the same instrument.
CITY OF CENTRAL POINT JACKSON COUNTY SCHOOL DISTRICT
NO. 6
______________________________ ______________________________
By: Chris Clayton, City Manager By:
Its: Superintendent
Walt Davenport
8.C.b
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
City Manager
FROM: Chris Clayton, City Manager
MEETING DATE: October 26, 2023
SUBJECT: Publicly Accessible Camera Systems
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
After good results at the Central Point Skate Park, Staff would encourage a City Council
discussion regarding similar camera systems with online public access in Public/Park facilities
throughout the City. As one example, Pfaff Park is frequently the site of vandalism, graffiti, and
is a known gathering spot for truant students from Crater High School. Adding a camera system
with online public access could improve public safety in the park.
Although publically accessible security camera systems can minimize crime and improve public
safety, privacy remains an ongoing concern. More specifically, the idea of having public access
to security cameras in parks and public spaces throughout town brings forward several
significant points of discussion, including safety, privacy, crime prevention, and community
trust. This is a complex issue that intersects technology, law, ethics, and social norms. Here's a
breakdown of various aspects of the topic:
1. Public Safety and Crime Prevention:
Pros: Advocates argue that public access to security camera footage can enhance
community safety. When residents can monitor public spaces, they may be more
likely to spot and report suspicious activities, potentially preventing crime. It can
also create a "virtual neighborhood watch," fostering a sense of collective
responsibility.
Cons: However, there's also a risk that it might lead to false accusations if
individuals misinterpret what they're seeing. There's also no guarantee that
public access would indeed lead to a decrease in crime or an increase in safety.
2. Privacy Concerns:
9.A
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Pros: Some might argue that in public spaces, individuals are already subject to
observation by others, and cameras merely extend this reality. Thus, having
transparent access could help ensure that surveillance powers are not abused.
Cons: Others point out serious privacy issues. Even in public spaces, individuals
expect a certain degree of privacy. There's also a concern about children's
privacy, as they cannot consent to being filmed.
3. Community Trust and Transparency:
Pros: Providing public access to security footage can increase transparency about
what's being recorded, potentially increasing trust in public authorities and the
surveillance system itself.
Cons: Conversely, knowing that anyone can watch them at any time might make
people feel uncomfortable or anxious, undermining trust in the community and
authorities.
4. Data Security and Misuse:
Pros: If managed securely, a public system could ensure that everyone
understands and sees the same footage, potentially preventing misinformation.
Cons: There's risk of data breaches or unauthorized access. Footage of individuals
could be used inappropriately.
5. Legal and Ethical Implications:
Publicly accessible cameras raise numerous legal questions: Who is liable if
footage is misused? How is consent obtained, and what about areas where
minors are likely to be present? What regulations govern the retention and
public availability of this footage?
Ethically, there's a balance to strike between the public interest in safety and
individual rights to privacy. The Council must consider whether it's appropriate to
potentially compromise everyone's privacy on the chance of enhancing safety.
6. Technical and Financial Considerations:
Implementing a system that's publicly accessible, secure, and reliable requires
significant infrastructure, all of which come with a cost.
There's also the matter of monitoring the monitors: ensuring that public access
isn't abused requires oversight, which itself demands resources.
In conclusion, while public access to security cameras in public spaces might offer benefits in
terms of crime prevention and community engagement, there are substantial concerns
regarding privacy, data security, and potential misuse. Any move towards such a system requires
careful consideration that balances the need for public safety and privacy.
9.A
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FINANCIAL ANALYSIS:
Pfaff Park is already equipped with a security camera system, but until now, access has not
been made available to the public. Providing public access to this system would incur only
minimal costs. The addition of camera systems, similar to those used at the Skate Park, is
estimated at $2,500 per facility.
LEGAL ANALYSIS:
Consent: Oregon law allows for soundless video recording in public places where there is no
reasonable expectation of privacy. This means the City can generally record video in public
areas, such as parks, streets, or events, without explicit consent. However, use of sound in a
video may create additional privacy concerns.
Retention: OAR 166-200-0405(5) provides that video surveillance tapes require the following
minimum retention:
(a) Tapes used as evidence, retain until case reaches final disposition;
(b) Tapes used for internal investigations, retain until investigation ends;
(c) All other tapes, retain 30 days.
Liability: In terms of liability for misuse of surveillance footage, the City would need to provide
clear guidelines on how the footage can be used and who has access to it as well as reasonable
security for its system to avoid unauthorized use or access. It is likely (though this issue has not
been fully researched) that so long as the City has reasonable security for its footage, and
proper notices and warnings to the public, the City would not be liable for a third party’s misuse
of the recordings.
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Strategic Priority: Responsible Governance
GOAL 5: Continue to develop and foster the city’s community policing program.
STRATEGY 1: Build relationships with the community through interactions with local agencies,
stakeholders, and members of the public, creating partnerships and programs for reducing
crime and disorder.
STAFF RECOMMENDATION:
9.A
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Staff is recommending a City Council discussion and direction.
RECOMMENDED MOTION:
Not applicable.
9.A
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City of Central Point
Staff Report to Council
ISSUE SUMMARY
TO: City Council
DEPARTMENT:
Community Development
FROM: Justin Gindlesperger, Community Planner II
MEETING DATE: October 26, 2023
SUBJECT: Information on the updates to the Environmental Element of the
Comprehensive Plan and discussion of the inventories for wetlands and
riparian areas.
ACTION REQUIRED:
Information/Direction
RECOMMENDATION:
None Forwarded
BACKGROUND INFORMATION:
As a condition of approval to the City’s 2019 Urban Growth Boundary amendment, the
City must update the Environmental Element of the Comprehensive Plan to comply with
the following Statewide Planning Goals:
Goal 5, Natural Resources, Scenic and Historic Areas, and Open Spaces;
Goal 6, Air, Water and Land Resources Quality; and,
Goal 7, Areas Subject to Natural Disasters.
The Environmental Element of the Comprehensive Plan sets forth the City’s goals and
policies relative to the management of natural and environmental resources and
hazards. It was last updated in 1983 and requires significant modifications to comply
with Statewide Planning Goals 5, 6, and 7, notably the resource inventory requirements
in Goal 5. The City retained Pacific Habitat Services (“Consultant”) to complete a Local
Wetland and Riparian Inventory to identify sensitive environmental areas that require
protection under Goals 5 prior to expansion of urban areas and future developments.
At this time, the Consultant has completed the draft inventories, which are currently
under review by the Department of State Lands (DSL) and Department of Land
Conservation and Development (DLDC). Staff is seeking Council’s input on the City’s
preferred approach to riparian and wetland protection and to draft corresponding
policies and regulations for adoption as needed to complete the Environmental Element
update.
Discussion:
9.B
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To complete the Environmental Element update, the City must identify protection
measures to avoid loss and degradation to significant wetland and riparian resources by
restricting certain activities or development within or near inventoried significant
resource areas. Under Statewide Planning Goal 5, the City may apply one of the
following resource protection approaches:
1. Safe Harbors – A standard 50-foot buffer is applied to the boundary of a wetland
or riparian area. The buffer is applied only to locally significant wetlands and fish-
bearing streams, providing a list of prescribed protections and limitations of
uses/developments.
Comment: The City’s current approach is to apply a 25-foot buffer from the top of
bank or floodway boundary of all streams within the city’s jurisdiction. This is
inconsistent with the Safe Harbor requirement, except where the floodway
boundary results in a total buffer width that is greater than or equal to 50-ft.
2. Standard Approach – This involves a specific analysis for each resource listed in
the inventories and determines the appropriate buffer width and any conflicting
uses that may be appropriate or necessary to encroach into a wetland or riparian
area (i.e. a utility line extension, etc…) that would otherwise be prohibited by the
safe harbor.
Comment: The Standard Approach would require a higher level analysis to
determine the appropriate buffer width on all stream reaches and around
wetlands. Given the fact that most stream reaches within the city limits are
developed, the level of additional analysis may not provide a commensurate level
of protection. Consequently, staff does not recommend this approach.
3. Combined Approach – This is a hybrid solution that would allow combination of
the safe harbor and standard approach for wetlands and riparian area protection.
This approach provides an opportunity to analyze specific resources, where
necessary, and apply a safe harbor to other resources. For example, the City
may take a reach-by-reach approach to riparian areas or apply safe harbors in
the UGB and the standard approach within City limits.
Comment: A combined approach may be appropriate within and near stream
reaches and wetland areas that are located in undeveloped areas. As shown in
Appendix A of the Riparian Inventory, analysis results will likely result in buffer
widths that exceed the 50-ft safe harbor requirement.
At the October 26th Council meeting, staff will provide an introduction to the
Environmental Element and an overview of the alternative protection measures relative
practical impacts to existing and future development in the City. At the conclusion of the
discussion, staff is seeking direction regarding the City Council’s preferred approach to
9.B
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regulating stream and wetland buffers as this could affect the project scope and budget.
FINANCIAL ANALYSIS:
The contract for the Local Wetland and Riparian Inventory currently has a remaining
balance of $30,959.42. In the event Council elects to proceed with the Standard or
Combined Approach to resource protection, staff may need to complete an addendum
to modify the scope of work. Given the contract status, modifications to the scope of
work are not expected to exceed the remaining budget available.
LEGAL ANALYSIS: N/A
COUNCIL GOALS/STRATEGIC PLAN ANALYSIS:
Community Investment, Goal 4 – Manage growth to provide places that are timeless
and loved by the community.
Natural and environmental resources can provide valuable scenic and recreational
opportunities for citizens, as well as beneficial ecological functions. As Central Point
grows, forethought into resource protection and management can help the City assure
that streams and wetlands contribute to creating a sense of place that is enjoyed by
citizens and visitors now and in the future.
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 threats and hazards that pose the greatest risk.
Wetlands and floodplains have documented benefits to flood risk mitigation as well as
water quality, fish, and wildlife. The Environmental Element will establish the City’s
policy framework for holistic management of resources that is vital to balancing
environmental preservation with risk management while complying with state planning
requirements.
STAFF RECOMMENDATION: Discuss the Goal 5 approaches to riparian protection and
provide direction to staff regarding the Council’s preferred alternative. If Council would
like to pursue the Combined Approach, indicate the areas of focus for higher level
analysis.
RECOMMENDED MOTION: None at this time.
9.B
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