HomeMy WebLinkAboutOrdinances 2128ORDINANCE NO. _2128_
AN ORDINANCE AMENDING CHAPTER 2.16 OF THE CENTRAL POINT
MUNICIPAL CODE TO CLARIFY RULES AND PROCEDURES GOVERNING
THE PLANNING COMMISSION IN ALIGNMENT WITH STATE LAW AND
BEST PRACTICES IN OREGON LAND USE PLANNING.
Recitals:
A. Pursuant to CPMC 1.01.040, the City Council, may from time to time
revise its municipal code which shall become part of the overall document
and citation.
B. On January 26, 1978, the City Council adopted Ordinance No. 1290,
reestablishing the Planning Commission and codifying its membership,
powers, duties, and procedures under Chapter 2.16 of the Central Point
Municipal Code.
C. Since its adoption, CPMC Chapter 2.16 has undergone only minimal
revision.
D. City staff has reviewed Chapter 2.16 and determined that substantial
updates are necessary to eliminate inconsistencies with applicable state
statutes in ORS Chapter 227, and to clarify provisions regarding the
Commission’s role, officer selection, meeting procedures, and other
administrative functions.
E. On June 3, 2025, the Planning Commission met to discuss the proposed
amendments, made further revisions and unanimously recommended by a
duly seconded motion that the City Council adopt the changes as
presented in Exhibit A.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.16 of the Central Point Municipal Code is amended to add
new Section 2.16.005 – Purpose to read as follows:
2.16.005 Purpose
The Planning Commission serves as an advisory body to the City Council,
guiding land use and development decisions that implement the City’s
Comprehensive Plan. The Commission ensures compliance with state laws
and facilitates public participation in the planning process.
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SECTION 2. Section 2.16.020 – Membership is amended in part to read as
follows:
2.16.010 – Membership
The commission shall consist of seven members who are not City officials or
employees. of the city. At least six of the members shall be residents must reside
within the city limits., and the The seventh member shall must be a resident of the
city or shall either (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) own real property within the city limits. The mayor and
city manager may sit with the commission and are entitled to take part in its
discussion, but shall not have the right to vote.
SECTION 3. Section 2.16.030 – Terms of Office is amended in part to read as
follows:
2.16.030 Terms of Office.
Commission positions for each commission member shall be established and
numbered one through seven. Commission members shall be Members are
appointed to each position by the City Council city council. Initial appointments
shall be staggered to ensure term expirations are evenly distributed.
Commissioners may be reappointed with no term limits. The City Recorder
shall maintain a current roster of appointments. Planning commissioner terms
shall commence on the first day of January of the first year of each term. The term
of office of a planning commissioner shall be four years, or until an incumbent
successor is appointed and qualified. However, the initial reappointments under
this chapter of some members shall be for different terms in order to establish an
approximately equal number of expiring terms each calendar year. The city
recorder is responsible for keeping a record of each position and related expiration
dates and current names of persons filling the positions.
SECTION 4. Section 2.16.040 – Vacancies and Removal is amended in part to
read:
2.16.040 Vacancies and Removal.
Vacancies shall be filled for the unexpired term. A member may be removed
by the City Council, after a hearing, for misconduct or nonperformance of
duty. Appointments to fill vacancies shall be for the remainder of the unexpired
term. A member may be removed by the city council after hearing, for misconduct
or nonperformance of duty. A member who is absent from three meetings without
an excuse as approved by the chairman of the planning commission is rebuttably
presumed to be in nonperformance of duty, and the chairman shall report such
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absences to the city council and the city council shall declare the position vacant
unless finding otherwise following the hearing.
SECTION 5. Section 2.16.050 – Presiding Officers shall be amended in part to
read as follows:
The mayor, with the approval of a majority of the council, shall appoint Planning
Commission shall elect a chairperson and vice-chairperson of the planning
commission to serve one-year two-year terms. Officers may be re-elected for
consecutive terms. The Chair and Vice-Chair shall have full voting rights.
The chairperson, and vice-chairperson when presiding, shall not have the same
right to vote as other planning commission members except to break a tie vote.
Either the chairperson or vice-chairperson Officers may be removed from their
role by majority vote of the Planning Commission for cause. the mayor, for
cause, with the approval of a majority of the council . In the event of a vacancy,
the Planning Commission shall elect a replacement to serve the remainder
of the unexpired term.
SECTION 6. Section 2.16.060 – Staff Services is amended in part to read as
follows:
2.16.060 Staff Services
The city manager Planning Director shall provide the Planning Commission
with staff support and necessary training and administrative services. a
secretary to the commission, and such other staff and consultation services as
may be appropriate. A designated staff member shall serve as the
Commission Secretary and maintain an official The secretary shall keep a
record of Ccommission proceedings.
SECTION 7. Section 2.16.070 – Meetings is amended in part to read as follows:
Section 2.16.070 Meetings
A quorum shall consist of a majority of current members. A majority of the
members of the planning commission including the chairperson or vice-
chairperson shall constitute a quorum. The commission shall meet on the first and
third Tuesdays of each month, unless cancelled by the Planning Director.
Special meetings may be called with at least 24 hours’ notice provided in
accordance with Oregon Public Meetings Law. Meetings may be held
remotely or in a hybrid format in accordance with adopted rules. Meetings of
the commission shall be open to the public. Meetings other than at regularly
scheduled times may be announced at a prior meeting and thereby be made a part
of the meeting records. Regularly scheduled or special meetings may be cancelled
by the mayor or city manager. The chairperson upon his own motion may, or at the
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request of two members of the commission shall, by giving notice to members of
the commission and those officials designated to sit with it, call a previously
unannounced special meeting of the commission for a time not earlier than twenty -
four hours after the notice is given. Notice of a previously unannounced meeting
shall be delivered or telephoned to a newspaper of general circulation within the
city, posted at the city hall and, to the extent feasible, provided to interested
persons at least twenty-four hours prior to the meeting.
SECTION 8. Section 2.16.080 – Powers and Duties is amended in part to read as
follows:
2.16.080 Powers and Duties.
The Planning Commission shall have the powers and duties set forth in
ORS 227.090 (Powers and Duties of Commission) except as otherwise
provided by City Council, and shall include:
A. Conducting public hearings on land use applications, zoning
amendments, and comprehensive plan updates;
B. Acting as the decision-making authority on quasi-judicial matters;
C. Making recommendations to the City Council on legislative matters;
D. Reviewing and advising on long-range planning efforts and master
plans; and,
E. Promoting public engagement and ensuring consistency with state
and local planning goals.
commission shall have the powers and duties which are now or may hereafter be
assigned to it by charter, resolution or order of this city and general laws of this
state.
SECTION 9. Section 2.16.085 is hereby amended to add a new section 2.16.085
Training and Orientation to read as follows:
2.16.085 Training and Orientation.
All new Commission members shall complete training on land use
procedures, ethics, public meetings law, and Oregon planning
requirements within six months of appointment. Ongoing training
opportunities shall be provided annually.
SECTION 10. Section 2.16.090 – Rules of Procedure is amended in part to read
as follows:
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2.16.090 Rules of Procedure
Except as otherwise established by the city council, the The planning
cCommission may adopt or amend rules governing the conduct of its meetings
and business, subject to Council oversight and consistent with applicable
law.
SECTION 11. Section 2.16.100 – Compensation is amended in part to read as
follows:
2.16.100 Compensation
The Planning Commission Chairperson shall receive a monthly stipend,
which is established by Resolution of the City Council each year. All other
Commissioners Planning commission members are to receive shall serve
without no compensation, but may be reimbursed for other than authorized
expenses.
SECTION 12. Section 2.16.110 – Occupations is amended in part to read as
follows:
2.16.110 Occupations
In accordance with ORS 227.030(4), no No more than two voting members of
the Planning Commission shall be principally engaged principally in the buying,
selling, or development developing of real estate for profit as individuals,
partners, or be members of any partnership, or officers or employees of entities
any corporation, that is engaged in such activities. principally in the buying,
selling, or developing of real estate for profit.
In addition, No no more than two voting members shall be engaged in the same
kind of occupation, business, trade or profession. This limitation is intended to
promote occupational diversity on the Commission. See ORS 227.030(4)
and 215.030(5).
SECTION 13. Section 2.16.120 Conflict of Interest is amended in part to read as
follows:
2.16.120 Conflict of Interest and Recusal
Commission members shall comply with ORS Chapter 244. A member shall
not participate in any matter where they or a defined relative household
member or associated business has a direct or substantial financial interest.
Members must disclose actual or potential conflicts at the meeting and , in
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the event of an actual conflict, recuse themselves by abstaining from
discussion and vote in accordance with state law. A member of the planning
commission shall not participate in any commission proceeding or action in which
any of the following has a direct or substantial financial interest: the member or his
spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in
which he is then serving or has served within the previous two years, or any
business with which he is negotiating for or has an arrangement or understanding
concerning prospective partnership or employment. Any actual or potential interest
shall be disclosed at the meeting of the commission where the action is being
taken. See ORS 227.035 and 215.035.
SECTION 14. 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-E) need not be codified and the City Recorder
is authorized to correct any cross-references and any typographical errors.
SECTION 15. Effective Date. The Central Point City Chatter 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 _____________________, 2025.
__________________________
Mayor Taneea Browning
ATTEST:
_____________________________
City Recorder
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