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Home My WebLink AboutCAP030812Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Belly Geiger Ward III Ellie George Ward IV 1~llen Broderick At Large Carol Fischer Isay Harrison Administration Phil Messina, CitS~ Manager Chris Clayton, 1~ssistant CitS~ Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev 1~dams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department )on Zeliff, Chief CITY OF CENTRAL POINT City Council Meeting Agenda March 8, 2012 Next Res. 1327 Next Ord. No. 1955 L REGULAR MEETING CALLED TO ORDER - 7:00 P.M. IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. CONSENT AGENDA Pgs 1 - 6 A. Approval of February 23, 2012, City Council Minutes VI. ITEMS REMOVED FROM CONSENT AGENDA VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 7 - 14 A. Second Reading - Ordinance No. , An Ordinance Creating Chapter 11.22 of the Central Point Municipal Code; Making Certain Determinations and Findings Relating to aiid Adopting the Dov~nitov~ni & East Pine Street Corridor Revitalization Plait, An Urban Renewal Plan for the City of Central Point (Humphrey) 15 - 18 B. First Reading - An Ordinance Regulating Panhandling in Public Right of Ways (Allison) 19 - 28 C. Resolution No. ,Authorizing the City of Central Point National Pollution Discharge Elimination System Phase II Permit Application Submittal for Small Municipal Separate Sewer Systems (Samitore) 29 -31 D. Emergency Clause - Ordinance No. , An Ordinance Amending Sections 8.08.010 ofthe Central Point Municipal Code to Provide for a More Efficient and Timely Weed Abatement and Declaring an Emergency (Samitore) VIII. BUSINESS 32 - 39 A. Water Conservation Grant Recommendation (Clayton) -- B. Planning Commission Report (Humphrey) LY. MAYOR'S REPORT Y. CITY MANAGER'S REPORT YI. COUNCIL REPORTS YII. DEPARTMENT REPORTS VIII. EYECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of air executive session are not for publication or broadcast. YIV. ADJOURNMENT Consent Agenda CAP030812 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes February 23, 2012 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol Fischer, Kay Harrison, and Kelly Geiger were present. Ellie George was excused. City Manager Phil Messina; City Attorney Paul Nolte; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; Planning Manager Don Burt; Parks and Recreation Director Matt Samitore; Assistant City Manager Chris Clayton; Planning Technician Connie Clune; Captain Kris Allison; IT Manager Jason Richardson; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES -None V. CONSENT AGENDA A. Approval of February 8, 2012, City Council Minutes B. Reappointment of David Douglas to the Parks and Recreation Commission Kelly Geiger made a motion to approve the Consent Agenda as presented. Roll call: Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kay Harrison, yes; and Kelly Geiger, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA -None VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing -First Reading of an Ordinance creating Chapter 11.22 of the Central Point Municipal Code; Making Certain Determinations and findings relating to and adopting the Downtown & East Pine Street Corridor Revitalization Plan for the City of Central Point Planning Manager Don Burt stated that this is a legally noticed public hearing to discuss the creation of an Urban Renewal District. He reviewed the favorable recommendations from the Central Point Citizens Advisory Commission and the Central Point Planning Commission. On January 26, 2012, the Central Point CAP030812 Page 2 City of Central Point City Council Minutes January 23, 2012 Page 2 Development Commission approved Resolution 2012-01 forwarding a recommendation to approve the Urban Renewal Plan. Mr. Burt explained that the Central Point Strategic Plan recommended the implementation of an Urban Renewal District to help with improvements around town. This district will be an investment the downtown core area to eliminate blight. He presented the Plan area and boundaries. He reviewed the 14 goals that are clarified within the Plan. There are 15 projects outlined in the Plan that include the downtown cored area and the Hwy 99 corridor. These projects are generic in nature so that they can be defined when they come before the Planning and City Council for final approval. The projects will only be completed once the district receives the money, and the master plans have been approved though the regular process. Tax increment financing is a method of financing indebtedness incurred by the Central Point Development Commission. The tax is only collected if there is an increase in assessed value within the district. The local taxing districts have all agreed to freeze their tax rate for 25 years. Any increase in assessed value would go to the Urban Renewal District instead of the taxing agency such as Fire District No. 3. He presented a sample tax statement from Jackson County showing what a tax statement for Central Point residents could look like. There will not be an increase to any property owner other than increased value. The finance feasibility was calculated by studies that have been conducted in the past. The project list are items that have been on the "to do" list for the city but we have not had the funding. Staff reviewed the projects and calculated the possible increase in value with the completion of the projects over the next 25 years. He explained that the maximum indebtness is the amount the state will allow us to spend. Our Plan is for $43,177,530 for 25 years. The project list can only be changed or added to by repeating the process we have been doing over the last year. The Plan years are 2013 through 2037. Mayor Williams opened the Public Hearing at 7:35 p.m. John Earling -Bush Street Resident Mr. Earling stated that there are no improvements that the city can do that will bring businesses to the Downtown area. He is concerned about the construction and plans for Hwy 99. He thinks that the Council should reconsider this issue. The city is fine the way it is. Libby Pfaff -Laurel Street Mrs. Pfaff asked if the project list includes a signal light at Pine and 7t". This has always been a problem area. She has heard about a plan to turn Manzanita and Oak Streets into one-way streets in order to get some of the traffic off Pine Street. She doesn't think this is a good idea. Community Development Director CAP030812 Page 3 City of Central Point City Council Minutes January 23, 2012 Page 3 Tom Humphrey explained that was a recommendation by a citizen, it has not been researched or reviewed. There are currently no plans to redirect traffic. Bev Power - Ruster Creek Street Ms. Power stated that she is new to town and that she is proud to be part of the things that are happening. She feels that the city is doing great things to help improve the economy and vision of what it could be. She asked about the clarification for the incentive programs, are these for commercial or residential improvements. Mr. Humphrey explained that they would be for both. The intent would be to increase the assessed value to the properties within the Plan area. Chuck Stamps -Blue Moon Drive Mr. Stamps stated that he has been a resident in Central Point for six years. He enjoys the flower baskets, and the mosaic art by the school students. He is concerned about the change proposed on Pine Street. He enjoys the small town atmosphere of Central Point. Glenda Hull -Laurel Street Ms. Hull asked if the property owner's downtown had any feelings about their buildings. She hasn't seen improvements and if the City does create an Urban Renewal District is it going to make any difference to those buildings? Mr. Humphrey said we cannot force owners to make improvements, but hopefully as the area around them improves, they will see the traffic and want to take advantage of it. David Douglas - Meadowbrook Lane Mr. Douglas asked if staff would elaborate on the Twin Creeks Crossing, why is this included in the Urban Renewal Projects if the Developer is responsible for the construction. Mr. Burt explained that the UR Agency can contribute money to that project to help with construction and the developer repays the agency once construction picks up again. There can be no more construction in the Twin Creeks development until the crossing is complete, and the developer cannot pay for the crossing without new development. If the Agency enters into an agreement we would encourage the growth in Twin Creeks by constructing the crossing which would allow for more construction and alleviate some of the traffic congestion at Pine and Haskell. Norman Dean -Tiffany Ave Mr. Dean stated that it would be nice to get the Twin Creeks crossing completed to help with the congestion at Mae Richardson School. Mike Quilty -Forest Glen Dr. Mr. Quilty stated that the Urban Renewal Agency is in line with most of the state and local transportation agencies requirement that communities participate financially with improvements in their area. In order to get grants and projects approved for cities they will need a funding source to match grants. The Urban Renewal Agency will help provide those funds for projects within the boundary. Brian McQuaid -Umpqua Dairy representative CAP030812 Page 4 City of Central Point City Council Minutes January 23, 2012 Page 4 Mr. McQuaid asked if the map could be amended to include the Umpqua Dairy property. They may want to take advantage of the Agency projects in the future to expand their business. Mr. Burt explained that at this time the boundaries are set, if the Development Commission decides to change those in the future it would be a long process, but could be done to include other projects. At this time to include the five acres of Umpqua Dairy it would put us over the percentage of property we are allowed by state law. Mayor Williams closed the Public Hearing at 8:30. Bruce Dingler made a motion to move to second reading an Ordinance creating Chapter 11.22 of the Central Point Municipal Code; Making Certain Determinations and findings relating to and adopting the Downtown & East Pine Street Corridor Revitalization Plan for the City of Central Point. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. B. Resolution No. 1326, Revising Fee Schedule for Parks Reservations Parks and Public Works Director Matt Samitore stated that the attached resolution is recommended for approval by the Parks and Recreation Commission. After reviewing the requirements for weekend reservations at the City Parks it was evident that we will need to have a staff person on duty for summer weekend reservations. This will ensure that the parks are clean and ready for the next reservation. In the past the first group may not clean up completely or overlap on their time. Having a staff member available will ensure a smooth transition. There are some changes to schools, non profits and veteran organizations in regards to reservations of various park facilities. Veteran organizations will not be charged a fee when reserving the War Memorial gazebo. Allen Broderick made a motion to approve Resolution No. 1326, Revising Fee Schedule for Parks Reservations. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; and Hank Williams, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams reported that he: • attended a Medford Water Commission meeting. • attended a City Coalition meeting. • presented the Mayor's Choice winner at the Rogue Valley Street Rods & Custom Car Show. • Had lunch with the City Manger, Assistant Manager and Lee Fortier who is a new member of the Medford Water Commission. X. CITY MANAGERS'S REPORT CAP030812 Page 5 City of Central Point City Council Minutes January 23, 2012 Page 5 City Manager Phil Messina reported that he had lunch with Mr. Fortier, Mayor Williams, and Mr. Clayton regarding the Medford Water Commission. Staff is in full swing in Budget preparations. He participated on the interview panel for the Grants Pass City Manager position. XI. COUNCIL REPORTS Council Member Allen Broderick reported that he attended the Arts Commission meeting. Council Member Kelly Geiger reported that he attended the Fire District meeting. Council Member Kay Harrison reported that she attended: • a Special District Association meeting. • the Fair Board meeting. They have a few new members which will make for a change in processes. • an RVCOG meeting. • the Open House in Gold Hill. • a Water Commission Meeting. Council Member Carol Fischer reported that she attended the Medford Water Commission meeting. XII. DEPARTMENT REPORTS -None XIII. EXECUTIVE SESSION -None XIV. ADJOURNMENT Carol Fischer moved to adjourn, Bruce Dingier seconded, all said "aye" and the Council Meeting was adjourned at 8:55 p.m. The foregoing minutes of the January 23, 2012, Council meeting were approved by the City Council at its meeting of March 8, 2012. Dated: Mayor Hank Williams ATTEST: Return to Agenda City Recorder CAP030812 Page 6 Ordinance Second Reading Approving Chapter 11.22 Creating Urban Renewal CAP030812 Page 7 STAFF REP AGENDA ITEM: File No. 1200( STAFF REPORT March 8, 2012 ~i~l~tc~ing Dep~r~ment Tom I~umphrey; A1CP Community development Director/ Considerltion of Downtown Ind E1st Pine Street Corridor Revit11iz1tion P11n, 1n Urban Renewal P11n for the Cit<- of Central Point; ~S'econc~'Re~xc~'zng of the Orc~'zn~xnce. Applicant: Cit<- of Central Point. STAFF SOURCE: Tom Humphrey-, Communit<- Development Director BACKGROUND: On Februli-~ 23, 2012 the Cenh-11 Point Cite Council conducted 1 public herring to consider 1n ordinance to ldopt the Downtown Ind E1st Pine Street Corridor Revit11iz1tion P11n which is 1n urbin renewer p11n for the Cit<-. Residents and business owners in Central Point were personally, notified b~- mail of the City's intentions. Planning Manager, Don Burt presented an overview of the p11n which included. the following. hi summli-~ the Urban Renewal P11n: 1. Corers an area of 446.30 acres, or approximately, 15.5% of the total cit<- area; 2. hicludes fifteen (15) projects, with 1 misimum indebtedness limitltion of $43,177,530; 3. Has a duration of 25 sears, beginning in FY 2011-12 and ending in FY 2036-37; 4. Is financially feasible based on projected increases in the Urban Renewal Area's assessed value; the increases in lssessed v11ue Ire based on the successfi~l implementltion of the proposed. projects; 5. Will hive 1 minimll implct on effected. using districts during the duration of the Urban Renewal Plan, which will be significantly, off-set upon conclusion of the Urban Renewal Plan; and 6. The Urban Renewal Pian is consistent with the City's Comprehensive Pian. ISSUES: None. Citizens who attended the public hearing for the first reading of this ordinance asked a lot of thoughtful questions and there was no opposition to forming an Urban Renewal District. Other taring districts hive expressed. their support for urbin renewer in Cenh-11 Point Ind no one representing those districts showed up to either support or oppose the issue. Favorable recommendations to adopt this ordinance were made by both the Citizen's Advisory Committee (CAC) and the Planning Commission. Since the public hearing Staff has made some t<-pographical corrections to the Urban Renewal Plan, primarily, correcting references. Corrections will be noted at the meeting. 1 of 4 CAP030812 Page 8 EXHIBITS/ATTACHMENTS: Attachment "A" - Ordinance No , An Ordinance Cresting Chlpter 11.22 of the Cenh-11 Point Municipal Code; Malting Certain Determinations and Findings Relating to and Adopting the Do~~-nto~~%n Ind E1st Pine Street Corridor Rey it11iz1tion P11n, 1n Urb1n Renee 11 P11n for the Cite of Cenh-11 Point. ACTION: Consider the Second Reeding of 1n ordinlnce lppro~ ing the Urb1n Renee 11 P11n Ind modify /lccept; RECOMMENDATION: More to appro~-e Ordinance No adopting the Do~~-nto~~-n and East Pine Street Corridor Re~-italization Plan. 2 of 4 CAP030812 Page 9 ® ; 7L P? tee' °v a,e~ _ .v ~IL~ i ~ -_ _J 1@ } J ~ s } 4+ y 1 ` t 1 ~'tY r•«~•tss~ad `64 T9}T ,gyp l B ~„~ I,~ t` l a ®'. 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' r is t i : r 1.22 . -j .~ . . rc~v c a. ~ 3 2 age 2 o 3 CAP030812 Page 11 .. cr . °c `ssi c d' ~ E __ li c. °ss s r s c rr ~d ' r s c~ r ® r~ ' cc r . , s `s tics r' c r cl i r °i . 3,° r o tip ° s r c. ss ail si i 'c tip fits ss 's ~. f c g . r s i r r Return to Agenda ~ ~.} CAP030812 Page 12 THE DOWNTdWN & EAST PINE STREET CORRIDOR REVITALIZATION -- ~ ~~ N ' r r l~, ~~ w ~ 1 Y ~v ~ ~ I u t~ ~ ,,, ~~~ _: ~ a~ y w ,'ia~~ y~r ' i ~; ~~'il _ ~~,,~ ~!i MEM AOI~~EXCY I ~ ..~ ~~REA1 CpTdT~ ~I 1, ~~~; ~f,~i°' ..~,' u~,,~~. ;~ m ~~ 4 :~ s ~~ :~ PLAN LPL F CITY F C T L I T, E Avai I abl e i n the C;i t y Recorders OFf i ce Page 13 Ordinance No. Adopted March 8, 2012 w~ REVITALIZATION REPORT Available in the City Recorders Office CAP030812 Page 14 Ordinance No. Adopted March 8, 2012 00 Ordinance First Reading Pan Handling Ordinance CAP030812 Page 15 STAFF REPORT To: The Honorable Mayor and City Council From: Kris Allison, Captain SUBJECT: Unlawful Transfer on Vehicular Portion of the Right of Way Date: March 1, 2012 Executive Summary: Over the past several years in the City of Central Point the Citizens and the Police Department have seen an increase in activity of individuals conducting hand to hand exchanges of property between pedestrians and vehicles on the vehicular portion of the right-of-way. From a public safety issue this conduct promotes individuals to engage in conduct that can be dangerous to both the pedestrian and driver of the vehicle. Around the United States there are numerous reports of pedestrians that have been struck by vehicles crossing the intersection during the hand to hand exchange. The ordinance for Unlawful Transfer on a Vehicular Portion of the Right Away prohibits pedestrians and vehicle drivers to exchange property in the right of way of a roadway or intersection. This ordinance does not prohibit the exchange of property in a safe and legal parking area near a roadway or interfere with an individual's freedom of speech. Another concern regarding pedestrians in and around the right of way of the roadway is the excessive amount of litter and debris that is accumulating near our intersections. It has been noted by citizens, our Public Works and Oregon Department of Transportation that we are experiencing an increase in waste near these intersections. In recent weeks our Police Officers have had to make contact with these individuals to pick up their refuge while they are loitering near the intersections. Staff has researched an Ordinance that is currently being used in the City of Medford that prohibits the exchange of property between pedestrians and passengers of a vehicle in the right of way of a highway, road or street within their city limits. Staff has conferred with our City Attorney, Paul Nolte, and this ordinance would help the City enforce and prohibit this behavior for the public's safety and increasing environmental issues these intersections are facing. CAP030812 Page 16 Recommendation: Staff recommends moving to second reading an Ordinance Adding Subsection 12.20.025 to the Central Point Municipal Code to Prohibit the Transfer of Property Between a Pedestrian and Vehicle Occupant on the Vehicular Portion of a Highway. 2 CAP030812 Page 17 ORDINANCE NO. AN ORDINANCE ADDING SUBSECTION 12.20.025 TO THE CENTRAL POINT MUNICIPAL CODE TO PROHIBIT THE TRANSFER OF PROPERTY BETWEEN A PEDESTRIAN AND VEHICLE OCCUPANT ON THE VEHICULAR PORTION OF A HIGHWAY The people of the City of Central Point do ordain as follows: Section 1. The following subsection 12.20.025 is added to the Central Point Municipal Code: 12.20.025 Unlawful Transfer on Vehicular Portion of a Highway A. A person commits the offense of unlawful transfer on a highway if the person: While a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city, gives or relinquishes possession or control of, or allows another person in the vehicle to give or relinquish possession or control of any item of property to a pedestrian; or 2. While a pedestrian, accepts, receives or retains possession or control of any item of property from a driver or passenger in a vehicle on a highway, road or street within the boundaries of the city. B. This subsection does not apply if the vehicle is legally parked. This subsection also does not apply to persons participating in a "Pedestrian Activity," as defined in OAR 734 Division 58, for which a permit has been issued by the Oregon Department of Transportation, so long as all terms of such permit are being met. C. Notwithstanding the penalty provisions of 12.20.030, any person found violating this subsection shall be guilty of committing a traffic violation punishable by a fine not to exceed $75.00. Passed by the Council and signed by me in authentication of its passage this day of _________, 20__. Mayor Hank Williams ATTEST: City Recorder Return to Agenda CAP030812 Page 18 Resolution Authorizing Permit Application for Small Municipal Permit CAP030812 Page 19 ~~ Matt Samitore, Director Public Works Department Stephanie Holtey, Flood/Stormwater Coordinator CENTRAL. 140 South 3rd Street ~ Central Point, OR 97502 ~ 541.664.7602 ~ www.centralpointoregon.gov P41NT STAFF REPORT March 8, 2012 AGENDA ITEM: File No. Consideration of Resolution No. Authorizing the City of Central Point to submit an application to the Oregon Department of Environmental Quality for astand-alone National Pollution Discharge Elimination System Phase II permit to operate the municipal separate storm sewer system in accordance with Federal and State delegated Clean Water Act requirements. Applicant: City of Central Point. STAFF SOURCE: Stephanie Holtey, CFM Floodplain/Stormwater Coordinator Matt Samitore, Director BACKGROUND: The City of Central Point application for astand-alone National Pollution Discharge Elimination System (NPDES) Phase II permit will be submitted immediately following authorization by the City Council by Resolution. Once submitted, the City anticipates issuance of a stand-alone permit by or around July 1, 2012. The draft Stormwater Management Plan (SWMP) has been developed to address anticipated permit requirements based on staff's review of the Phase I I program requirements. A summary of the Phase II program requirements and the draft Central Point SWMP is provided below. Permit Overview Polluted stormwater runoff is commonly transported through Municipal Separate Storm Sewer Systems (MS4s), from which it is often discharged untreated into local water bodies. To prevent harmful pollutants from being washed or dumped into an MS4, operators of small MS4s are required to obtain a NPDES Phase II permit and develop a stormwater management program (SWMP) that identifies best management practices for six minimum measures that will be implemented to prevent or reduce stormwater pollution discharges from the MS4 to the maximum extent practicable. The six minimum measures addressed by the SWMP include: • Public Education and Outreach • Public Involvement • Illicit Discharge Detection Elimination • Construction Runoff Control • Post-Construction Runoff Control • Pollution Prevention and Good Housekeeping for Municipal Operations CAP030812 Page 20 Central Point Stormwater Management Plan The draft Central Point SWMP identifies tasks that will be conducted during the first permit term from 2012 to 2017. Activities conducted during the first permit term focus on developing the program, including but not limited to establishing legal authority through ordinance adoption; developing appropriate work procedures for plan review, inspections and enforcement; establishing tracking systems for reporting purposes; inventorying existing activities and facilities that affect stormwater; and training staff on current issues and practices that will facilitate permit compliance. Some tasks offer a unique opportunity to provide local and regional benefits through continued partnership and cost sharing with RVSS Phase II communities, as well as Medford and Ashland. These opportunities will be explored and, if mutually beneficial and cost effective, implemented pursuant to an Intergovernmental Agreement or Memorandum of Understanding. ISSUES Issuance of a stand-alone NPDES Phase II permit will transfer responsibility for stormwater management program development, implementation and reporting in Central Point from RVSS to the City. As a result of this change, there are two emergent issues that need to be addressed: Stormwater quality fee assessments on Central Point residents will be collected by City instead of RVSS; Lag time between Central Point's permit issuance and adoption of regulatory authority for program implementation construction site runoff, post-construction site runoff and illicit discharge detection and elimination will require temporary partnership with RVSS to maintain continuous compliance with permit conditions. Transfer of Permit Resoonsibilitv and Revenue Collection Authorit RVSS has been the NPDES Phase II permittee and acted as the surrogate operator of the Central Point MS4 to reduce pollutant discharges to the maximum extent practicable since 2007. At the time, this arrangement afforded significant cost savings because the City lacked internal staff capacity to manage the stormwater management program independently. RVSS financed Central Point stormwater management activities through assessment of a monthly stormwater quality utility fee, as well as fees for stormwater construction permits. Once the City becomes a permittee, Central Point will collect the revenue to continue implementing stormwater management activities to achieve compliance. This will result in a reduction in operating revenue for RVSS of about one third. The City's decision become astand-alone permittee is a direct result of changes in the organization that facilitate more efficient and effective stormwater program management by existing staff in the Public Works Department. With authorization to collect stormwater quality revenue to operate its own MS4, the Public Works Department aims to develop and implement a more comprehensive, project-based stormwater management program that is consistent with the community's vision and the policies set forth in the Comprehensive Plan. To achieve realization of these objectives, the Public Works Department would like authorization to begin collecting the stormwater quality utility fee on July 1, 2012. Any overlap in services provided by RVSS on behalf of the City due to a delay in permit issuance would be compensated in accordance with terms set forth in a Professional Services Agreement. Central Point, RVSS Intergovernmental Agreement To meet the new permit requirements as a stand-alone permittee, the City will need to adopt a stormwater ordinance that establishes legal authority needed to implement portions of the program. CAP030812 Page 21 We anticipate that there will be a lag time between permit issuance and ordinance adoption; therefore, the City will partner with RVSS to ensure that there is no gap in compliance with the state and federal Clean Water Act requirements addressed by the permit conditions. The details associated with any shared stormwater management tasks that are mutually beneficial in terms of cost and effectiveness will be set forth in an Intergovernmental Agreement or Memorandum of Understanding, and any compensation to be paid by the City to RVSS will be established in a Professional Services Agreement between the two agencies. ATTACHMENTS National Pollution Discharge Elimination System Application for Small MS4s Central Point stormwater Management Plan Action Timeline, Draft ACTION Approve Resolution No. Authorizing the City of Central Point National Pollution Discharge Elimination System Phase II permit application submittal for small municipal separate sewer systems. RECOMMENDATION Approve Resolution No. Authorizing the City of Central Point National Pollution Discharge Elimination System Phase II permit application submittal for small municipal separate sewer systems. Return to Agenda CAP030812 Page 22 r 1 ®I ~ ~, - - - - a _ m.__- - - ~ i _ _ - ~ _ ~ a . ev . ~ - - - -a ---- -___ i i ~ ~_ _ -_ _ -- -f ~ ®®~ ate n fntafn ca panents f st r Create an lnventsry r ulic ca snens r -na a see to raven al6an isc r es fra ~! ate the City tsrrr- rain Sys a - --- the ~4 to Pact to s. Can act unlcl l risns nisi ( j vela a nici al ertisns plan I la ant municipal spar tuns fan Sa rainin in issues, practices er to n rrraina/n ca vents of public ri s-a Invents activities in t u lit ri t-sf- ay a, Inctu In strees® to re eve and prevent evels ark prate ores usi~.~ ~ ®~, ~ ®lua ask far palPuans fra enterfn the star s erase n inclusisn in t e munici al s eratisn Ian _ lecher fn to lacaf star yam I le ant uni I s arati ns Ian far ri t-sf- a Can u sa r Inin n issues an racticas - sninuestret s e in rs r ~ to n ainafn ether Ci acl/ltles an Invents activities r ether pre erti s inrstr ore to remove and p vent patltn fro anal ark prate ores far ether facilities far inclusisn in enterln n isc in to recelvln Iris. a unici al sratisn Ian i le ant unicipal s aratins Ian far ether City fa ilities and infrastructure. i Csrruct eta training sn issues and practices ° Cantinas pet caste disp®sal and eueatian rsgrarn - r i +~ -r---~-r ------r i i . onct pro r ana a ant, cor info, and - _ °~ ~° ~~ re ortln Sts rsvi verall rr tan car in i n sntinue re isnal cssrdinatisn t rsu the 1" . ~ ~ _ Este Its I ~4s an t1s at aan r isnal par i eas that ., - a r a is partner sn r }acts u it annual cs iianca re arts RESOLUTION NO. AUTHORIZING THE CITY OF CENTRAL POINT NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PHASE II PERMIT APPLICATION SUBMITTAL FOR SMALL MUNICIPAL SEPARATE SEWER SYSTEMS Recitlls: A. Polluted. storm Ind. surflce ~~ lter runoff in Cenh-11 Point is h-lnsported to the municipll seplrlte storm se~~-er s~-stem (MS4) and ultimately, discharged to nearby- streams untreated; and, B. The En~-ironmental Protection Agency- (EPA) established the final National Pollution Discharge Eliminltion S~ stem (NPDES) Phase II rule to regullte sm111 MS4s (populltion less then 100,000) to impro~-e the Nation's ~~-ater~~-a~-s b~- reducing pollutant discharges to MS4s and recei~-ing ~~-aterbodies; and, C. The Oregon Department of En~-ironmental Qualit<- (DEQ) is has been delegated authorit<- to administer the NPDES Phase II storm~~ lter program for Oregon; Ind, D. Rogue V111e~ Se~~er Sei-ices (RVSS) h1s represented. the Cite of Centrll Point 1s the NPDES Phase II permittee Ind. collected. storm~~ lter utility fee lssessments Ind. s~ stem deg elopment chlrges from Cenh-11 Point residents, de~-elopers and contractors to fund storm~~-ater program management since the Phase II program implementation on Febn~li-~ 13, ?007; Ind, E. The Parks Ind Public Works Director presented. the benefits Ind. issues lssocilted ~~ ith obtlining 1 stand-alone permit that ~~-ould transfer responsibilit<- for storm~~%ater management from RVSS to the Cit<- Council on October 17, ?011; Ind, F. The impetus for the City 's interest in obtlining 1 st1nd11one permit is the determinltion thlt existing in-house stiff h1s both the expertise Ind lbilit~ to meet the Phase II program objecti~ es, ~~hich mlximizes the Cit<-'s abilit<- to implement a more project oriented, communit<--specific approach to storm~~-ater management. G. Obtlining 1 stand-Hone permit ~~ ould require h-lnsfer of storm~~ lter qullit~ fee Ind. s~ stem deg elopment charge collection from RVSS to the Cit<- to pro~-ide a stable funding source for ongoing storm~~-ater management program acti~-ities and project implementation to meet the permit requirements; and, H. The Cite Council 1t the October 17, ?011 sh~dv session directed. the Parks Ind Public Works Director to initilte 1 discussion ~~ith RVSS reglyding Cenh-11 Point's intent to obtain 1 stand-Hone NPDES Phase II permit; L The Parks and Public Works Director and Floodplain/Storm~~-ater Coordinator mailed a Letter of Intent to obtain 1 stand-Hone NPDES Phase II permit Ind. obtain lpplicltion submittll requirement informltion to the DEQ on December 21, 2011; and, J. The Parks and Public Works Director and Floodplain/Storm~~-ater Coordinator met ~~-ith RVSS on January- 18, 2012 to discuss the Cit<-'s intent to obtain astand-alone NPDES Phase II permit, the process needed. to h-lnsfer responsibility for storm~~ lter management from RVSS to the Cite, the intent of the Cite to continue participation in the regional storm~~-ater management efforts, and the City-'s aim to maintain a positi~ e Ind producti~ e plrtnership ~~ ith RVSS; Ind, CAP030812 Page 27 IL. The Public Works Department has completed the DEQ National Pollution Discharge Elimination S~-stem Application for Small MS4s, including the de~-elopment of a draft Storm~~-ater Management Plan Ind. timeline for 1cti~ its implementltion for the first fire (~) ~ e1r permit term; The Cite of Cenh-11 Point Resoh es: Section 1. Submittal of the National Pollution Discharge Elimination S~-stem Phase II Permit Application for Small Municipal Separate Storm Se~~-er S~-stems to facilitate issuance of a stand-alone Phase II storm~~ lter permit is luthorized; Ind, Section 2. The Public Works Department is lppointed 1s the leld lgenc~ for Storm~~ lter Management Program administration to meet federal and state delegated Clean Water Act requirements, including conditions estlblished in the NPDES Phase II permit Ind. other surflce Ind. storm ~~ lter rented. requirements; Ind, Section 3. The Public Works Ind Finlnce Deplrtments Ire luthorized to initilte re111oc1tion of luthorit~ to collect storm~~-ater qualit<- utilit<- monthly, assessments from RVSS to the Cit<- to facilitate establishment of 1 stlble finding source for storm~~ lter qullit~ minlgement progrlms required. b~ the issuance of 1 stand-alone NPDES Phase II permit. Passed b~- the Cit<- Council and signed b~- me in authentication of its passage this dad- of .2012. Mai-or Hank Williams ATTEST: Cit<- Recorder Return to Agenda CAP030812 Page 28 Ordinance Emergency Clause - Amending Weed Abatement Enforcement Dates CAP030812 Page 29 Parks & Public Work Department STAFF REPORT DATE: FEBRUARY 28, 2012 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MATT SAMITORE, DIRECTOR SUBJECT: WEED ABATMENT PROCESS Matt Samitore, Director SUMMARY:. In 2011 the City Council amended section 8.020 of the municipal code via an emergency ordinance to effectively manage the weed abatements in the City by implanting a non- specific time for enforcement and by implementing a fix it ticket system. Staff inadvertently omitted section 8.010 which also has a specific date in which enforcement. Staff is requesting Council approve the ordinance as an emergency so it can go into effect immediately for weed abatements this spring. The goal of the revised ordinance was to have all weed abatements done by July 1 of each year to avoid potential urban fires associated with hotter temperatures and the fourth of july fireworks. RECOMMENDATION: Approve ordinance revising the weed abatement process. 140 S. Third Street ~~ Central Point, OR 97502 •541.664.3321 Fax 541.664.6384 CAP030812 Page 30 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 8.08.010 OF THE CENTRAL POINT MUNICIl'AL CODE TO PROVIDE FOR A MORE EFFICIENT AND TIMELY WEED ABATEMENT AND DECLARING AN EMERGENCY. Recitals: A. Words ~ are to be deleted and words in bold are added. B. The existing weed abatement provisions of the municipal code provide for a strict timeline for enforcement. C Weed abatement is important to prevent potential fire hazards in our community and an efficient and effective process is necessary to reduce fire danger. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 8.08.010 of the Central Point Municipal Code is amended. to read: 8.08.010 Nuisance described--Offense punishable. A_ It is unlawful and a public nuisance for any owner or occupant of real property in Central Point to allow grass, weeds, bn~sh or bushes or any like vegetation over a height of ten inches to remain upon such real property ~'„~;~~~ *'~~ ~ ~~"~~*~_ ~ ~ "~~~ , cat, „~,~ n,.~„i.,,.- , cat, „~„ ^^'°~~'^~ ~~°^~; provided, that this shall not apply to ornamental shn~bs, bushes or other like vegetation maintained aiid kept in a landscaped yard or place, or airy crop grov~ni aiid maintained for agricultural purposes or grass or other like vegetation grown and maintained for pasturage upon property fenced, zoned aiid otherwise lawfully used for said purpose. (Ord. 1420 ~1, 1981; Ord. 1071~~' 1, 1972). Section 2. Declaration of Emergency. The council finding that it is necessary for the public peace, health, safety aiid general welfare, to timely and effectively prevent potential fire hazards in our community, declares aii emergency aiid this ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the Council and. signed by me in authentication of its passage this day of 2012. Mayor Hank Williams ATTEST: City Recorder Return to Agenda Ordinance No. (030812) CAP030812 Page 31 Business Water Conservation Grant Recommendation CAP030812 Page 32 ~.~ ~_~~ 60 ~l. :th u~r~4.;t Central Point, OR 9502 (541) 665-5233 Phone (541) 665-5266 Fax February 16, 201 To: Cities of Central Paint, ~aq P 'gat, Jacksonville, Phoenix and Talent From: Joe Strahl, P~ $~ CVG'I'9 = ~r ` ;~ v RE: Water Conservation Gr t Recommendations -~ Actions Required ~:g:~~ ~,,°Car~s+~ tior~ CAP030812 Page 33 Page 2 in r~ci 1 r er~e~i ~-~ n .~ ,, ~ , ~~ The rar~f are Dale Whip conservation s{:ms fio be something that all the cities can support, the Wafter Resources grant provid~_~~~ a major impetus to start making investments and achieving conservation goals right away. The goals stated in the grant application can be summarised as follows: C?evelop water conservation strategies among multiple agencies in the Rogue Valley in order to: Prolong major system expansion/upgrade needs Prolong the need to acquire additional water rights Assure the sustainability of the water resources available to the area. cavern roc Using the RPS process as a model, it is recommended that a technical advisory committed (TAC) be established that would consist of public works directors and/or engineers, administrative personnel, financial advisors, and/or experts in water conservation from each city and the MWC. The TAC would meet and work as a group to develop recommendations for consideration and adoption by a Policy Committee (PC). The recommended PC would consist of an elected official from each City and two members of the NIWC. It is requested that the City Council discuss appointments to both of these committees and provide names and positions of those in each city who will serve on these committees. CAP030812 Page 34 Page 3 Those names and a description of the roles ofi the proposed committees should b provided to the MWC at their March ~1 meeting.. It is also requested that Council members consider appointments to a citizen advisory committee (CAC) that would probably be appointed in the future at the direction of the F'C. urn ire CAP030812 Page 35 Water Resources Department Water Conservation, Reuse and Storage Grant Program Interested parties are reminded that the 30-day public comment period for the 2011 Water Conservation, Reuse and Storage Grant Program, which opened on February 14, 2012, closes on March 15, 2012. The Department published a list of feasibility study grant applications on February 14 that a multi- agency review team is recommending for funding. The listing does not constitute a funding commitment; public comment must first be incorporated into staff recommendations, which will be presented to the Water Resources Commission for final decision at its April 2012 meeting. Funding levels are dependent on the issuance of Lottery-backed bonds, scheduled for May 2012. Release of funds will not occur until a negotiated grant agreement is signed. Copies of the applications are available on the Department web site; please see: http://www.wrd.state.or.us/OWRD/LAW/conservation reuse storage prant.shtml The Water Conservation, Reuse and Storage Grant Program, established by Senate Bill 1069 (2008), is designed to fund the qualifying costs of planning studies that evaluate the feasibility of developing water conservation, reuse or storage projects. The 2011 Legislature approved continuation of this grant program for the 2011-13 biennium through the use of Lottery-backed bonds scheduled to be issued in May 2012 and available for distribution in June 2012. Applications for projects were solicited by the Water Resources Department from October 3, 2011 to December 15, 2011. Twenty three applications were accepted, totaling approximately $2.3 million. An Application Review Team (ART), which included agency staff and other state agency staff, reviewed the applications using criteria established in 2008. They met on February 9 to advise Grant Program staff and make recommendations. All the applications had components that were considered to be of merit for funding from the grant program. However, due to the limited funding, the Water Resources Commission will be unable to fully fund all the applications. The Application Review Team developed a recommendation for Commission consideration, dividing the applications into two major groupings: 1) Approve grant and funding; and 2) Solicit secondary applications and approve grants if funding is available. Those that the Application Review Team recommended for funding are listed below alphabetically. Central Oregon Irrigation District, Redmond 11,485 Deschutes River Conservancy, Bend 50,000 Dundee, City of 30,000 East Valley Water District 71,665 Fessler Nursery, Woodburn 11,405 Grande Ronde Model Watershed -Upper Grande Ronde La Grande 56,000 Hood River County 250,000 Jefferson County Soil and Water Cons Dist 15,350 La Creole Orchards, Portland 6,200 Medford Water Commission . 100,000 . .... Sisters, City of 21,21 0 Talent Irrigation District -WISE 243,000 Tri City Water & Sanitary Authority, Myrtle Creek 16,500 Umatilla Basin Watershed Council, Pendleton 34,020 CAP030812 Page 36 Those that are recommended for funding subject to availability of funds and possible adjustments to the scope of the grant through a secondary application process are listed below alphabetically. Clean Water Services, Hillsboro 57,000 Corvallis, City of 466,977 Grande Ronde Model Watershed - Lostine, La Grande 56,000 Lane Council of Governments 242,553 Lower Powder Irrigation District, Baker City 42,409 Polk County 80,538 Springfield/Eugene 170,262 Walla Walla Basin Watershed Council, Milton-Freewater 129,200 Water And Stream Health Committee (WASH) 134,000 The public may comment on any of the 23 applications on either of these lists, on or before March 15. These comments, together with Application Review Team recommendations, will be incorporated into staff recommendations, which will be presented to the Water Resources Commission during its April 19-20, 2012 meeting in Salem. Following the decision of the Commission, staff will work with applicants to develop a grant agreement that will include a statement of work, negotiated funding level, verification of matching requirements, and termination date for grant expenditures. This concludes the recommendations of the Application Review Team. If you have questions or concerns please contact Bill Fujii at 503 986 0887. Consistent with OAR 690-600-0060 public comments will be accepted until 5:00 p.m. on March 15, 2012. Electronic submission is encouraged -send email to William.h.fuiii(c~wrd.state.or.us. Comments should be attached in an MS word or pdf format. Faxed comments can be sent to 503 986 0903. Written comments can be sent to the attention of Bill Fujii -Water Supply and Conservation Coordinator, Oregon Water Resources Department, 725 Summer St. NE Suite A, Salem, Oregon 97301. CAP030812 Page 37 Increased conservation that reduces consumption by 15% would delay Duff II phase 2 until 2055 180 160 140 120 11 6 sa 71.4 mgd sa ~~ .. . ~ 6191~i.1 ao ~ 1 • B u 1 151.4 mcd 131.4 mgd I su ~ 125 mgd 111.4 mgd j ~,, • ~ _ 105 mgd ~~~~~~ ~,~ w~, r,~:. ,,• ,~• .. i . •..•.•~ ••:••••~,• ~; - , 91.41 mad , •- ,•-• 85mc~~~ ~ ••-~ •~`'• • • ~ ~ *, ::: ~ ~,~ • - `' Double Red Lines indicate a ~ ~,,. ~ ~. 15-20 /0 decrease m projected . ~.5~~, ; ~: ~ ~ ~,. • `' actual consumption •-`' -'' ~ Increased conservation that reduces ~"`' consumption by 15% would delapy Duff II ~ ~ "' phase 1 until 2039 ~ ~~ mgd} ~ I 2036 2041 2046 2051 2056 CAP030812 Page 38 Return to Agenda IJ t _ ; L_ 1 L® r = r r _ I r ~ July August ,- ~r ~! m CAP030812 Page 39