Loading...
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 Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.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 6.A Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes 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. 6.A Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes 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 6.A Packet Pg. 5 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes 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: 6.A Packet Pg. 6 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes 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. 6.A Packet Pg. 7 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point City Council Minutes 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 6.A Packet Pg. 8 Mi n u t e s A c c e p t a n c e : M i n u t e s o f O c t 1 0 , 2 0 2 3 7 : 0 0 P M ( C O N S E N T A G E N D A ) City of Central Point Staff Report to Council ISSUE SUMMARY TO: City Council DEPARTMENT: Community Development FROM: 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 8.A Packet Pg. 9 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 8.A.a Packet Pg. 10 At t a c h m e n t : O r d i n a n c e A m e n d m e n t 1 5 . 0 4 b u i l d i n g c o d e s O c t 2 0 2 3 [ R e v i s i o n 2 ] ( 2 0 2 3 - 6 6 : 2 0 2 3 B u i l d i n g C o d e A d o p t i o n ) 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. 8.A.a Packet Pg. 11 At t a c h m e n t : O r d i n a n c e A m e n d m e n t 1 5 . 0 4 b u i l d i n g c o d e s O c t 2 0 2 3 [ R e v i s i o n 2 ] ( 2 0 2 3 - 6 6 : 2 0 2 3 B u i l d i n g C o d e A d o p t i o n ) Pg. 3 Ordinance No. ____________ (10/__/2023) __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder 8.A.a Packet Pg. 12 At t a c h m e n t : O r d i n a n c e A m e n d m e n t 1 5 . 0 4 b u i l d i n g c o d e s O c t 2 0 2 3 [ R e v i s i o n 2 ] ( 2 0 2 3 - 6 6 : 2 0 2 3 B u i l d i n g C o d e A d o p t i o n ) 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. 8.B Packet Pg. 13 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 8.B Packet Pg. 14 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 Packet Pg. 15 At t a c h m e n t : O r d A m e n d i n g C h 2 . 5 9 . 0 3 0 A r t s C o m m i s s i o n M e m b e r s h i p ( 1 7 5 5 : O r d i n a n c e A m e n d i n g A r t s C o m m i s s i o n M e m b e r s h i p ) 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 Packet Pg. 16 At t a c h m e n t : O r d A m e n d i n g C h 2 . 5 9 . 0 3 0 A r t s C o m m i s s i o n M e m b e r s h i p ( 1 7 5 5 : O r d i n a n c e A m e n d i n g A r t s C o m m i s s i o n M e m b e r s h i p ) 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 Packet Pg. 17 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 Packet Pg. 18 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 Packet Pg. 19 At t a c h m e n t : R e s o - M O U E m e r g e n c y F a c i l i t y U s e A g t - D i s t r i c t 6 ( 1 7 5 2 : R e s o l u t i o n A p p r o v i n g M O U f o r E m e r g e n c y F a c i l i t y U s e S c h o o l D i s t r i c t 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 Packet Pg. 20 At t a c h m e n t : M O U - S c h o o l D i s t r i c t - C e n t r a l P o i n t - E m e r g e n c y F a c i l i t y U s e ( 1 ) [ R e v i s i o n 1 ] ( 1 7 5 2 : R e s o l u t i o n A p p r o v i n g M O U f o r E m e r g e n c y 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 Packet Pg. 21 At t a c h m e n t : M O U - S c h o o l D i s t r i c t - C e n t r a l P o i n t - E m e r g e n c y F a c i l i t y U s e ( 1 ) [ R e v i s i o n 1 ] ( 1 7 5 2 : R e s o l u t i o n A p p r o v i n g M O U f o r E m e r g e n c y 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 Packet Pg. 22 At t a c h m e n t : M O U - S c h o o l D i s t r i c t - C e n t r a l P o i n t - E m e r g e n c y F a c i l i t y U s e ( 1 ) [ R e v i s i o n 1 ] ( 1 7 5 2 : R e s o l u t i o n A p p r o v i n g M O U f o r E m e r g e n c y 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 Packet Pg. 23  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 Packet Pg. 24 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 Packet Pg. 25 Staff is recommending a City Council discussion and direction. RECOMMENDED MOTION: Not applicable. 9.A Packet Pg. 26 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 Packet Pg. 27 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 Packet Pg. 28 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 Packet Pg. 29