HomeMy WebLinkAboutCAP061412CITY OF CENTRAL POINT
City Council Meeting Agenda
June 14, 2012
Next Res.1333
Next Ord. No.1961
I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M.
II.PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV.PUBLIC APPEARANCES
V.CONSENT AGENDA
Page 2 - 5A.Approval of May 24, 2012 City Council Minutes
6B.Approval of D.A.R.E. Street Closure Request
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII.PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
8 - 9A.Public Hearing - Resolution No. _________, A Resolution
Certifying the Provision of Municipal Services By the City
of Central Point, Oregon (Adams)
10B.Resolution No. __________, A Resolution Electing to
Receive State Revenue Sharing Funds for Fiscal Year
2012-13 (Adams)
11 - 39C.Public Hearing - Resolution No. _________, A Resolution
to Adopt the Budget, Make Appropriations and Levy
Taxes for Fiscal year July 1, 2012 to June 30, 2013
(Adams)
41 - 43D.Resolution No. __________, A Resolution Extending the
City of Central Point’s Worker’s Compensation Coverage
to Volunteers fo the City of Central Point (Robson)
Central Point
City Hall
664-3321
City Council
Mayor
Hank Williams
Ward I
Bruce Dingler
Ward II
Kelly Geiger
Ward III
Ellie George
Ward IV
Allen Broderick
At Large
Carol Fischer
Kay Harrison
Administration
Phil Messina, City
Manager
Chris Clayton, Assistant
City Manager
Deanna Casey, City
Recorder
Community
Development
Department
Tom Humphrey, Director
Finance Department
Bev Adams, Director
Human Resources
Barb Robson, Director
Parks and Public Works
Department
Matt Samitore, Director
Jennifer Boardman,
Manager
Police Department
Jon Zeliff, Chief
45 - 48E.Resolution No. __________, A Resolution Adopting General Procedures for
Fiscal Year 2012-2013 (Messina)
50 - 56F.First Reading - An Ordinance Amending Chapter 11.16 of the Central Point
Municipal Code for the Purpose of Establishing the Water Quality Program
Fund and the Water Quality Utility Fee (Samitore)
58 - 63G. First Reading - An Ordinance Amending Chapter 8.28 of the Central Point
Municipal Code to Provide for a More Efficient and Timely Drainage
Channel Maintenance and Obstruction Abatement (Samitore)
65 - 66H.Resolution No. _________, A Resolution Scheduling Biennial Election ofCentral Point City Officers on November 6, 2012 (Messina)
VIII. BUSINESS
68 - 73A.Intergovernmental Agreement between City of Central Point and RogueValley Server Services (Holtey)
IX.MAYOR’S REPORT
X.CITY MANAGER’S REPORT
XI.COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII.EXECUTIVE 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 an executive
session are not for publication or broadcast.
IX.ADJOURNMENT
Consent Agenda
CAP061412 Page 1
CITY OF CENTRAL POINT City Council Meeting Minutes
May 24, 2012
I. REGULAR MEETING CALLED TO ORDER
Mayor Hank 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 absent.
City Manager Phil Messina; City Attorney, Paul Nolte;
Assistant City Manager Chris Clayton; Police Captain Kris Allison; and Planning Secretary Didi Thomas were also
present.
IV. PUBLIC APPEARANCES - None
V. CONSENT AGENDA
A. Approval of May 10, 2012 City Council Minutes B. Acceptance of the Third Quarter Financial Statement C. Approval of Battle of the Bones Street Closures
Kay Harrison made a motion to approve the Consent Agenda with minor
changes to the Council minutes of May 10, 2012. Kelly Geiger seconded.
Roll call: Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; and Mayor Hank Williams, yes. Motion
approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA – None
VII. PUBLIC HEARINGS, RESOLUTIONS AND ORDINANCES
A. Second Reading – Ordinance No. 1960, An Ordinance Amending the Central Point Zoning Map and Comprehensive Plan Map in the
Vicinity of Table Rock and Biddle Roads Replacing 7.61 Acres of
Land Zoned C-N, Neighborhood Commercial to M-1 Industrial and from Neighborhood Convenience to Light Industrial in the
Comprehensive Plan (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800).
Assistant City Manager Chris Clayton presented the second reading of an
ordinance to amend the Central Point Zoning Map and Comprehensive Plan Map to reflect a change from C-N (Neighborhood Commercial) zoning to M-1 (Light
Industrial) zoning of 7.61 acres of land between Biddle Road and W. Vilas Road.
CAP061412 Page 2
City of Central Point City Council Minutes May 24, 2012 Page 2
Mr. Clayton advised that the land in that area, currently in the county, has been
designated for industrial use. The City of Central Point wishes to rezone this property in order to provide an incentive for businesses to develop in this area
and attract new businesses to Central Point. Mr. Clayton added that the
proposed change has the support of the Planning Commission and the Citizens Advisory Committee.
Allen Broderick made a motion to approve Ordinance No. 1960, an
Ordinance amending the Central Point Zoning Map and Comprehensive
Plan Map in the vicinity of Table Rock and Biddle Roads replacing 7.61 acres of land zoned C-N, Neighborhood Commercial to M-1 Industrial and
from Neighborhood Convenience to Light Industrial in the Comprehensive
Plan (372W01CA, TL 100, 200, 301, 400, 500, 600, 700 & 800). Kay Harrison seconded the motion. Roll call: Bruce Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; Mayor Hank Williams, yes; and Allen Broderick,
yes. Motion approved.
B. Resolution No. 1332, Approving an Intergovernmental Agreement Between the Medford Water Commission and its Outside City Customers Central Point, Eagle Point, Phoenix, Talent, and
Jacksonville to Administer Grant Funds Dedicated to Studying Water Conservation.
Chris Clayton advised Council members that the Medford Water Commission had received grant funds from the State of Oregon to be used for the study of water conservation. The proposed Intergovernmental Agreement between the
cities of Central Point, Eagle Point, Talent, Phoenix and Jacksonville and the Medford Water Commission would establish boundaries and responsibilities for
all parties involved.
Kelly Geiger made a motion to approve Resolution No. 1332, a resolution
approving the Intergovernmental Agreement between the Medford Water Commission and its outside city customers Central Point, Eagle Point, Phoenix, Talent, and Jacksonville to administer grant funds dedicated to
studying water conservation. Carol Fischer seconded the motion. Roll call: Carol Fischer, yes; Kelly Geiger, yes; Kay Harrison, yes; Mayor Hank Williams, yes; Allen Broderick, yes; and Bruce Dingler, yes. Motion approved.
VIII. MAYOR’S REPORT
Mayor Hank Williams reported that he had attended a D.A.R.E. graduation, a Medford Water Commission board meeting to discuss the cost of producing water and had met with a group of business people to discuss a project at the
Pilot Travel Center.
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City of Central Point City Council Minutes May 24, 2012 Page 3
IX. CITY MANAGER’S REPORT
City Manager Phil Messina said that he had attended the annual Medford Water
Commission meeting, participated in a ride-along with an Oregon State Police
trooper, participated in an active shooter training with the City of Central Point Police Department, and would be out of the office until June 11, 2012.
X. COUNCIL REPORTS
Council member Allen Broderick reported that he had participated in the City of Central Point annual golf tournament.
Council member Kelly Geiger said he attended the May 21, 2012 Council study session.
Council member Kay Harrison reported that she:
• Attended the Council study session on May 21, 2012.
• Attended the RVTD budget meeting.
Council member Bruce Dingler said he had attended the Council study session on May 21, 2012.
Council member Carol Fischer reported that she:
• Attended the public hearing regarding the closing of the post office.
• Attended a Medford Water Commission meeting.
• Attended the May 21, 2012 Council study session.
XI. DEPARTMENT REPORTS
Captain Kris Allison distributed a list of D.A.R.E. sponsors for 2011. She added that each year, the sponsors provide an opportunity for the participants of the
program to go on an outing and this year it was to the water slide in Ashland at Emigrant Lake. A good time was had by all despite the cold weather.
Captain Allison advised that the City of Central Point Police Department has access to a domestic violence advocate as a result of a grant and the advocate is
available to meet with victims.
This week there is a “click it or ticket” campaign running. Captain Allison also
reported that the Police Department had conducted an active shooter training with the participation of City office staff. The exercise provided good and useful training for the officers as well as for office personnel.
Assistant City Manager Chris Clayton presented a report on behalf of Matt Samitore, Parks & Public Works Director, requesting Council’s concurrence for
the dissolution of the Downtown Beautification Committee. This committee was never appointed by Council and Mr. Samitore is proposing to give the duties and responsibilities of the group to the Arts Commission. Kay Harrison suggested
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City of Central Point City Council Minutes May 24, 2012 Page 4
that the members of the Beautification Committee be recognized for their
contributions, and Carol Fischer suggested that the members of the Arts Commission be required to live within city limits. Allen Broderick added that we
might want to add additional members to the Arts Commission if we are
increasing their responsibilities. Mr. Clayton said that Council could appoint whomever they wanted and he would let Matt Samitore know of the Council’s
suggestions and let him bring the matter back to Council at a later date. Mr. Clayton reported that Human Resources would be participating in the first
negotiations meeting of the City’s collective bargaining agreement on June 12.
He also reported that he had attended a Medford Water Commission meeting.
The topic under discussion was system development charges which have not been updated since 1994.
A League of Oregon Cities meeting will be held in Central Point at the RVCOG on June 1 from 9 – 3 p.m. The purpose of the meeting is to discuss Council and
Management relationships.
Bruce Dingler asked Mr. Clayton about the status of the Pine Street study. Mr.
Clayton indicated that he would find out and forward the information to Council.
Phil Messina reported that he had received a telephone call from the SAFE
graduation committee and a donation was made on behalf of the Council. XII. EXECUTIVE SESSION - None
XIII. ADJOURNMENT
Bruce Dingler moved to adjourn. Kay Harrison seconded. All said “aye” and the Council Meeting was adjourned at 7:40 p.m.
The foregoing minutes of the May 24, 2012, Council meeting were approved by the City
Council at its meeting of _____________________, 2012.
Dated: _________________________________ Mayor Hank Williams
ATTEST:
___________________________ City Recorder
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Resolutions
Budget Approving
Resolutions
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9
Resolution
Workers Comp for
Volunteers
CAP061412 Page 40
TO: Honorable Mayor and City Council
FROM: Barbara Robson, Human Resources Director
AGENDA DATE: June 14, 2012
SUBJECT: Resolution No. _____, A Resolution Extending the City of Central Point’s Worker’s
Compensation Coverage to Volunteers of the City of Central Point.
HISTORY: Oregon statute allows public entities to elect worker’s compensation coverage for
volunteer workers, provided the City’s governing board approves a resolution designating the categories of
volunteer workers, general job duties, estimated number for volunteer workers and assumed wage by
classification. City County Insurance, the city’s worker’s compensation insurance carrier, requires that the
City pass such resolution annually. This resolution continues the current practice of providing worker’s
compensation coverage for city volunteers with the exception of special events volunteers who are covered
under a separate accident policy.
The 2012-13 resolution adds two categories of volunteers not included in previous resolutions: clerical and
child care center, and deletes a category that had previously been included: Senior Center volunteers. The
Child Care Center category is being added to more accurately categorize volunteers for the pre-school
program that have previously been listed under Parks & Recreation, and the Clerical category is added
because the city has recently had some clerical volunteers working in the High Tech Crimes Unit. The Senior
Center Volunteer category was removed because the City has not recorded any Senior Center volunteers for
several years.
PROPOSAL: Continue to provide worker’s compensation coverage for volunteers.
FISCAL IMPACT: Last year, worker’s comp coverage for volunteers accounted for 1.7% of the
City’s total worker’s comp premium.
RECOMMENDATION: Motion to approve Resolution No. ____, A Resolution Extending the City of
Central Point’s Worker’s Compensation Coverage to Volunteers of the City of Central Point.
Staff Report
Administration Department
Phil Messina, City Manager
Chris Clayton, Assistant City Manager
Deanna Casey, City Recorder
Barb Robson, Human Resources Director
CAP061412 Page 41
2012-13 Worker’s Comp Volunteer Resolution
RESOLUTION NO.
A RESOLUTION EXTENDING THE CITY OF CENTRAL POINT’S WORKER’S
COMPENSATION COVERAGE TO VOLUNTEERS OF THE CITY OF CENTRAL POINT
RECITALS:
Oregon statute allows public entities to elect worker’s compensation coverage for volunteer
workers, provided the City’s governing board approves a resolution designating the categories
of volunteer workers, general job duties, estimated number for volunteer workers and assumed
wage by classification.
Therefore, the City of Central Point resolves as follows:
Section 1. Worker’s compensation coverage will be provided to the following classes of
volunteer workers listed in this resolution and noted on CIS payroll schedule.
Public Safety Volunteers – code 8411 (Police Reserves, VIPS, Explorers)
Public Officials on Unpaid Boards, Commissions, and Councils – code 8742V
Parks & Recreation Volunteer – 9102V (excluding “Special Events” volunteers
who are covered under a separate accident policy)
Clerical volunteers – code 8810
Child care center volunteers – 8869 (“Kidventure” classroom assistants)
1. An assumed monthly wage of $800 per month will be used for public safety volunteers; and
2. An aggregate assumed annual wage of $2,500 will be used per volunteer board, commission
and/or council for the performance of administrative duties; and
3. An assumed monthly wage of $800 per month will be used for public officials for the
performance of manual labor above and beyond the administrative duties covered by
paragraph 2 above; and
4. Covered non-public safety volunteers will keep track of their hours and have their assumed
payroll reported in the correct class code for the type of work being performed, using
Oregon minimum wage; and
5. A roster of active covered volunteers (public safety and non-public safety workers) will be
kept for reporting purposes. It is acknowledged that CIS may request copies of these
rosters during year-end audit; and
6. Unanticipated volunteer projects or exposure not addressed herein will be added onto the
City of Central Point’s Coverage Agreement (1) by endorsement, (2) with advance notice to
CAP061412 Page 42
2012-13 Worker’s Comp Volunteer Resolution
CIS, and (3) allowing two weeks notices for processing. It is hereby acknowledged that
coverage of this type cannot be backdated.
7. Volunteers participating in City-sponsored special events will be covered under a separate
accident policy and are not covered under this resolution.
Adopted by the City Council of the City of Central Point this 14th day of June 2012.
Mayor Hank Williams
ATTEST:
Deanna Casey, City Recorder
CAP061412 Page 43
Resolution
Adopting General
Procedures for FY
2012/13
CAP061412 Page 44
TO: City Council
FROM: Chris Clayton / Administration
AGENDA DATE: June 14th, 2012
SUBJECT: 2012/2013 General Procedures Resolution
BACKGROUND:
Each year the City Council considers a general procedures resolution which appoints specific individuals to
represent the City in the capacity of: City Attorney, City Engineer, City Auditor, Municipal Judge, and City
Insurance Agent of record. Furthermore, the general procedures resolution establishes and regulates the
following: Council Expenses; Designation of Depository; Authority to Keep, Invest, Transfer and Expend
Funds; Accounting Principles; Interfund and Overhead Fees; Outstanding Checks; Capital Acquisition;
Summons, Complaints, and Tort Claim Notices.
FISCAL IMPACT:
Each rate or required expenditure listed in the 2012/2013 General Procedures Resolution has been appropriated
and approved in the 2012/2013 City of Central Point Budget.
RECOMMENDATION:
Staff is recommending City Council approval of the 2012/2013 General Procedures Resolution.
Staff Report
Administration Department
Phil Messina, City Administrator
Chris Clayton, Assistant City Administrator
Deanna Casey, City Recorder
Barb Robson, Human Resources Manager
CAP061412 Page 45
RESOLUTION NO. _______
A RESOLUTION ADOPTING GENERAL PROCEDURES
FOR FISCAL YEAR 2012-2013 RECITALS:
A. The Central Point City Council deems it appropriate to authorize certain
appointments and procedures relating to City administration, budget, and fiscal management for fiscal year 2012-2013.
The City of Central Point resolves as follows: For the fiscal year 2012-2013, the following appointments are hereby made; the following policies and procedures be imposed, and the same are hereby adopted:
Section 1. Appointments
A. Insurance Agent of Record. Beecher Carlson Insurance Agency LLC is hereby appointed to continue as Insurance Agent of Record for the City
for property, general liability, vehicle liability, workers compensation and
bond insurance through June of 2012.
B. City Attorney. Paul Nolte is hereby appointed to the office of City Attorney
through June 2013 and is designated as a sworn officer of the City under the terms of the letter of agreement dated September 2010
C. Municipal Judge. James L. Mueller is hereby appointed as Municipal Judge with a retainer of $1,500 per month.
D. City Auditor. Purkeypile and Johannsen, Certified Public Accountants LLP is hereby appointed as City Auditor through June 2013 pursuant to
statutes requiring independent fiscal audit of the City, and subject to the contract for Audit of an Oregon Municipality.
E. City Engineer. Joe Strahl dba PW Management Inc. is hereby appointed as City Engineer of the City of Central Point under the terms of the letter
dated May 15, 2007 through June 2013.
Section 2. Council Expenses
City Council members may elect to receive compensation of $150 per month, and the Mayor may elect to receive compensation of $250 per month. In addition
to said compensation, reimbursement may also be made to the Mayor or Council
members for actual expenses incurred while on official City business.
CAP061412 Page 46
Section 3. Designation of Depository
Any Central Point branch of an FDIC insured bank, the State of Oregon Local
Government Investment Pool, and all successors in interest to those institutions are each hereby designated as depositories for City funds; and the Finance
Director or designee may deposit monies belonging to the City in any or all of said institutions in accordance with applicable law until further order of the City Council.
Section 4. Authority to Keep, Invest, Transfer and Expend Funds
A. The Finance Director or designee is hereby authorized to invest any surplus funds in accordance with ORS 294.035 and ORS 294.810, in
such investments as are authorized by said statutes, and to transfer funds
from one account to another.
B. The Finance Director or designee is hereby authorized to establish a petty cash fund with a balance not to exceed $2,000. The fund may be used to maintain cash drawer change funds and provide for miscellaneous
expenditures not to exceed $50 per transaction; except that upon approval of the City Administrator or the Finance Director a maximum
expenditure of $100 per transaction may be made.
C. The City Manager or designee is authorized to expend funds in
accordance with budget appropriations. All revenues received and
expenditures incurred by the City in implementing the budget appropriations shall be reported to the Council. Such reports will normally
be made on a quarterly basis. Section 5. Accounting Principles.
The City shall maintain its financial records in accordance with current generally accepted accounting principles, and all applicable laws and regulations.
Section 6. Interfund and Overhead Fees.
Expenditures incurred by one fund for the benefit of another fund may be reimbursed in accordance with acceptable accounting procedures as determined
by the Finance Director.
Section 7. Outstanding Checks.
Outstanding checks stale dated (at least six months after the date of issuance) must escheat to the state under ORS 98.352.
Section 8. Capital Acquisition.
Items costing more than $5000 and having a useful life of more than one year
shall be capitalized.
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Section 9. Summons, Complaints, and Tort Claim Notices.
The City Recorder shall be designated to receive all Summons, Complaints, and
Tort Claim Notices.
Passed by the Council and signed by me in authentication of its passage
this _____ day of _____________________, 20___.
__________________________ Mayor Hank Williams
ATTEST:
_____________________________ City Recorder
CAP061412 Page 48
First Reading
Ordinance
Amending Chapter
11.16 Establishing
Water Quality
Program Fund
CAP061412 Page 49
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
STAFF REPORT May 30, 2012
AGENDA ITEM:
Chapter 11.16 Amendments establishing the Water Quality Program Fund and Water Quality Utility
Fee.
STAFF SOURCE:
Matt Samitore, Director
SUMMARY:
In March 2012 the Council authorized the City’s application to the Oregon Department of Environmental
Quality to obtain a stand-alone National Pollution Discharge Elimination System (NPDES) Phase II permit. The permit is currently held by Rogue Valley Sanitary Services (RVSS) for the City of Central
Point. In April the City Council and Budget committee met and, after much discussion, determined the
City can efficiently manage the stormwater program to meet the permit requirements.
The ordinance before you establishes the regulatory authority for the city to collect a fee for managing
the stormwater program. Establishing this fee would essentially transfer the existing fee collected by RVSS on the sewer bills to the City water bills, resulting in no net increase in fees assessed Central
Point residents. RVSS currently charges $1.00 per equivalent service unit (ESU) for managing the
program on the City’s behalf. The definition of an ESU is unchanged it is equivalent to one single family home or 3,000 square feet of impervious surface for all other types of property. The same methodology
for collection is being used so no change in the cost to the residents or businesses in Central Point will occur. Finance staff has been working with RVSS staff to transfer the appropriate billings, credits and pre-paid customer database to the City financial software. The fee will go into effect on the June water
bills that are due in July 2012.
The City has been pro-actively working with RVSS to publish the change and has established a
Frequently Asked Question (FAQ) that is on the city website as well as the front counter for those customers who have questions. A copy is attached.
The City is still working with RVSS on an intergovernmental agreement (IGA) on how to co-manage the program until the new stand-alone Central Point permit is approved. Based upon the latest information
provided by the Oregon Department of Environmental Quality, the permit will be in place sometime
between fall 2012 and spring 2013.
RECOMMENDATION:
Approve the first reading of the ordinance establishing the storm water quality fee.
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Public Works Department Matt Samitore, Director
Stephanie Holtey, Flood/Stormwater Coordinator
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
Stormwater Management Frequently Asked Questions
May 8, 2012
What is Stormwater?
Stormwater is the surface water runoff that occurs when precipitation from rain and snowmelt events flows over the land and impervious surfaces instead of soaking into the ground. As the stormwater
runoff flows over the land or impervious surfaces (paved streets, parking lots, and building rooftops), it
accumulates debris, chemicals, sediment or other pollutants that adversely affect water quality when allowed to empty into streams untreated.
Why is Stormwater important?
Urban stormwater runoff is the number one cause of water pollution in the United States. In Central
Point, all stormwater runoff is conveyed into the storm drainage system consisting of a series of inlets, manholes, underground pipes, culverts and outfalls. Unlike the sanitary sewer system, the storm drains
flow directly into local waterways untreated. Pollutants on roadways, rooftops, parking lots, lawns and
gardens can be washed into the storm drain system and lead to adverse impacts to local waterways including water quality, aquatic life and public health.
Stormwater runoff also leads to localized flooding issues that commonly impact residents and
businesses in Central Point. During these events, standing water in the streets has destroyed landscaping, damaged homes, and caused delays and safety concerns for traffic. Stormwater
management aims to address both issues of water quality and water quantity by using a combination of
conventional and low impact development techniques.
Why is Central Point managing Stormwater?
Under the Federal Clean Water Act local municipalities are responsible for the quality of the water that discharges from their storm drainage systems into receiving waterbodies. The National Pollution
Discharge Elimination System (NPDES) stormwater program enforces this responsibility through the
requirement for communities to obtain a permit for stormwater discharges. The permit requires that a community implement best management practices to reduce pollution to the maximum extent
practicable. The overall objective of the program is to improve the quality of water resources to preserve beneficial uses such as swimming, fishing, navigation, drinking water, etc.
For the past several years, Central Point’s stormwater has been managed by Rogue Valley Sewer
Services. Beginning in July 1, 2012 the City will begin working with RVSS to transfer responsibility for stormwater management to the City. The City is taking on management of its stormwater permit to
minimize administrative costs by utilizing existing staff resources and maximize benefits to the
community by implementing programs and projects that improve water quality, minimize flooding, and create a sense of place. Despite this change in program administration, the City will continue to
collaborate with regional municipalities, including RVSS, on stormwater issues and projects of mutual
benefit.
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How is Stormwater Management funded?
The existing Stormwater Quality Fee collected by Rogue Valley Sewer Services on your sewer bill will
be transferred to your Central Point water bill. The Stormwater Quality Fee is $1 per month for each single family home and $1 per month per 3,000 square feet of impervious surface for all other
developments (multi-family housing, commercial, mobile home parks, schools, etc.).
For the next fiscal year, the Stormwater Quality Fee will be used to help pay for a Stormwater & Drainage Master Plan that will examine the drainage basins and infrastructure in the City with the goal
of identifying and prioritizing projects that will minimize flooding and improve water quality. In addition,
funds have been allocated for pollution hot spot identification and retrofit assistance. The goal of this program is to target those areas that have the greatest adverse impact to water quality and help land
and/or business owners evaluate and construct pollution reduction alternatives that will provide benefits
to them, the community and water quality.
CAP061412 Page 52
Ordinance No. ________ (062812) Pg. 1
ORDINANCE NO. _______
AN ORDINANCE AMENDING CHAPTER 11.16 OF
THE CENTRAL POINT MUNICIPAL CODE FOR THE PURPOSE OF ESTABLISHING THE
WATER QUALITY PROGRAM FUND AND THE WATER QUALITY UTILITY FEE
Recitals:
A. The City submitted an application to the Oregon Department of
Environmental Quality to obtain a stand-alone National Pollution
Discharge Elimination System (NPDES) Phase II permit on March 13,
2012; and,
B. Upon approval of the stand-alone NPDES Phase II permit, storm and surface water quality management responsibility will be transferred from
Rogue Valley Sewer Services to the City of Central Point; and,
C. To facilitate management of stormwater quality, the City Council
authorized the transfer of stormwater quality fee assessment collection
authority from RVSS to the City; and,
D. Words lined through are to be deleted and words in bold are added.
The people of the City of Central Point do ordain as follows:
Section 1. Section 11.16.010 of the Central Point Municipal Code is amended to read:
11.16.010 Purpose.
A. It is the purpose of this chapter to provide revenue for a stormwater program to plan, manage, construct, maintain, use, and carry out activities related thereto, and to provide revenues by fixing rates and charges.
There is hereby created an enterprise fund known as the "City of Central
Point Stormwater Fund." All fees and charges imposed herein for the
stormwater program shall be placed in said this fund for the purpose of
paying any and all expenses related to the acquisition, installation,
addition, improvement, replacement, repair, maintenance, operation, or
administration of stormwater program facilities and activities.
B. It is also the purpose of this chapter to provide revenue for a
water quality program to pay for any and all expenses related to
preventing and reducing water pollution generated within the city
limits before it enters and is discharged from the municipal separate
storm sewer system (MS4) to local waterways. The City of Central
Point Water Quality Program Fund is created as an enterprise fund.
All fees and charges imposed for the water quality program shall be
placed in this fund for the purpose of paying any and all expenses
related to the operation of the Central Point MS4 to meet the federal
Clean Water Act’s National Pollution Discharge Elimination System
CAP061412 Page 53
Ordinance No. ________ (062812) Pg. 2
Phase II permit requirements or administration of the water quality
program. Section 2. Section 11.16.030 of the Central Point Municipal Code is amended by
adding or amending the following definitions:
"Manager" means the city administrator manager or designee.
"Service charges" means either the stormwater utility fee or the water quality
utility fee, as the context may require, in an amount to be determined by
applying the appropriate rate to a particular parcel of real property based upon
factors established by this chapter.
“Water quality program” means the Central Point water quality utility as
defined in this chapter.
Section 3. Section 11.16.040 of the Central Point Municipal Code is amended to read:
11.16.040 Stormwater Utility Fee Rate structure.
A. Service charges for the stormwater utility fee are hereby authorized and imposed, in amounts and on terms consistent with this chapter. B. The rates and service charges shall be based on the service provided
and the relative contribution of stormwater runoff from a given parcel to
the stormwater control facilities. The estimated or measured impervious
surface area will be used to determine the relative contribution of stormwater runoff from the parcel.
C. Service charges shall be determined as follows: 1. Undeveloped Parcels. Undeveloped parcels shall not be
charged.
2. City Roads. City roads shall not be charged.
3. Single-Family Residences. The monthly service charge for
each single-family residence shall be the unit rate for one equivalent service unit.
4. Other Developed Parcels. The monthly service charge for
all other developed parcels, including publicly owned
properties, shall be computed by multiplying the unit rate
times the number of equivalent service units applicable to the parcel minus any approved rate adjustment for the
parcel as determined under Section 11.16.060.
5. Minimum Charge. There shall be a minimum monthly
service charge for all developed properties equal to the unit
rate. (Ord. 1864 §1(part), 2005).
Section 4. The following Section 11.16.045 is added to the Central Point Municipal
Code:
11.16.045 Water Quality Utility Fee Rate structure.
CAP061412 Page 54
Ordinance No. ________ (062812) Pg. 3
A. Service charges for the water quality utility fee are authorized
and imposed in amounts and on terms consistent with this chapter.
B. The rates and service charges shall be based on the service
provided and the relative contribution of total cost of water quality
program implementation. The estimated or measured impervious
surface area will be used to determine the relative contribution of
stormwater runoff from the parcel.
Service charges shall be determined in the same manner as provided
in section 11.16.040.C.
Section 5. Section 11.16.060 is amended to read:
11.16.060 Unit rate established for the stormwater utility fee.
The unit rate per equivalent service unit for the stormwater utility fee is hereby
established at six dollars and fifty cents and may be revised by resolution of the
city council from time to time. (Res. 1264, 2010; Ord. 1864 §1(part), 2005).
Section 6. The following Section 11.16.065 is added to the Central Point Municipal
Code:
11.16.065 Unit rate established for the water quality utility fee.
The unit rate per equivalent service unit for the water quality utility fee is
established at one dollar and may be revised by resolution of the city
council from time to time.
Section 7. Section 11.16.080 is amended to read:
11.16.080 Stormwater or water quality rate discounts for extreme hardship. A. Any household in the city with a combined total income falling below
the federal poverty level shall be considered eligible to apply for a
stormwater or water quality rate discount. Persons applying for a
stormwater or water quality rate discount must be the person who
receives the stormwater or water quality bill and the head of a household.
B. Any person desiring to receive the stormwater or water quality rate discount must submit an application to the city on forms to be provided by
the city. Subsequent to initial qualifications for utility discount, any person
must reapply on or before June fifteenth of each year thereafter. The
city administrator manager shall determine whether any applicant meets
the qualifications and requirements for discount as set forth in this
chapter.
C. The amount of stormwater or water quality rate discount for eligible
persons, provided under this chapter, shall be equal to the percentage water rate discount for extreme hardship, as established in Central Point Municipal Code Section 13.16.030.
CAP061412 Page 55
Ordinance No. ________ (062812) Pg. 4
D. It is unlawful for any person to make, assist in making or to derive the benefits from any false application for discounts provided under this
chapter. In addition to other penalties provided by law, the city shall be
entitled to recover from any person or persons receiving the benefit of
discounts as a result of any false statement made in any application the
amount therefor, including interest at the rate of nine percent per year from the date such discounts were granted. (Ord. 1864 §1(part), 2005).
Section 8. Section 11.16.090 of the Central Point Municipal Code is amended to read:
11.16.090 Use of funds.
A. Service charges collected under this chapter for the stormwater utility
shall be deposited into the city of Central Point stormwater utility fund or funds to be used only for the purpose of paying all or any part of the cost
and expense of maintaining and operating stormwater control facilities, all
or any part of the cost and expense of planning, designing, establishing,
acquiring, developing, constructing, maintaining and improving the
stormwater program and drainage facilities. (Ord. 1864 §1(part), 2005).
B. Service charges collected under this chapter for the water quality
utility shall be deposited into the city of Central Point water quality
utility fund.
Section 9. Section 11.16.100 of the Central Point Municipal Code is amended to read: 11.16.100 Commencement of charges.
For new construction, service charges for either the stormwater utility or the
water quality utility will commence with the issuance of a building permit, creation of an impervious surface area, or installation of a water meter,
whichever comes first. For existing structures, service charges for the
stormwater utility will commence on the effective date of the ordinance
establishing this chapter and for the water quality utility on the effective date
of the ordinance establishing the water quality utility. (Ord. 1864 §1(part),
2005).
Passed by the Council and signed by me in authentication of its passage this _____
day of _____________________, 2012.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
CAP061412 Page 56
First Reading
Ordinance
Amending Chapter
8.28 Drainage
Channel Maintenance
CAP061412 Page 57
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
STAFF REPORT June 5, 2012
AGENDA ITEM
An ordinance amending chapter 8.28 of the Central Point Municipal Code for a more efficient and timely
drainage channel maintenance and obstruction abatement process.
STAFF SOURCE
Stephanie Holtey, CFM
Matt Samitore, Parks & Public Works Director
BACKGROUND
Staff and legal counsel have been in the process of updating our drainage channel maintenance
ordinance to simplify and streamline the process. Amendments establish a process that is consistent with the newly revised weed abatement process. The drainage channel maintenance ordinance
requires land owners to remove obstructions from natural and manmade channels to prevent
obstruction of the natural flow of water. The current process for enforcing the requirements of this chapter takes several months to complete .
The revised ordinance puts in place a “fix it ticket” process. A resident would receive a letter informing them that if they do not abate the obstructions identified within drainage channels on their property
within 15 days, they may get a corresponding charge. They can either pay the fee or it will become a
lien. If there are circumstances that don’t allow for them to fix the abatement within the 15 day time, then they can appeal for hardship to the City Manager who may grant an extension.
Staff has also put together a set of internal procedures to handle the obstruction abatements. Each letter sent to the property owner will be accompanied by photographs illustrating the obstruction and
describing minimum action needed to attain compliance. On day 16, a staff person will visit the site and see if the abatement has been completed and talk to the resident if they are there. If the abatement is
complete then it will be reported and the fix it ticket will be waived. If it has not, the staff person will
work with either the city crews or a private contractor to perform the work on the 17th o9r 18th day from the date of the original letter. Photographs will be taken to document the site conditions before and
after work is completed and will be filed with the abatement paperwork. Once the work is complete, the
resident will receive a bill for the eservices rendered which must be paid within 30 days or it will become a lien on the property. All appeals will be heard by the City Manager and the City Council will
no longer be involved in the process.
RECOMMENDATION
Approve the ordinance revising the drainage channel maintenance process.
CAP061412 Page 58
Ordinance No. ____________ (062812) Pg. 1
ORDINANCE NO. _______
AN ORDINANCE AMENDING CHAPTER 8.28 OF
THE CENTRAL POINT MUNICIPAL CODE TO PROVIDE FOR A MORE EFFICIENT AND TIMELY DRAINAGE CHANNEL MAINTENANCE AND OBSTRUCTION ABATEMENT
Recitals:
A. The existing drainage channel maintenance and abatement provisions of the
municipal code are cumbersome and lengthy.
B. Drainage channel maintenance is important to prevent increased flood hazards in our
community from obstructed drainage channels, to protect beneficial uses of state waters, and to
provide an efficient and effective process necessary to reduce flood hazards.
C. 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. Chapter 8.28 of the Central Point Municipal Code is amended to read:
Chapter 8.28
DRAINAGE CHANNEL MAINTENANCE
Sections:
8.28.010 Drainage channel obstruction--Nuisance. Purpose
8.28.020 Drainage channel obstruction—Unlawful. Nuisance described – Offense
punishable.
8.28.030 Notice--Proceedings.
8.28.040 Assessment of costs.
8.28.010 Drainage channel obstruction--Nuisance. Purpose.
The causation or allowance by any owner or occupant of real property within the city of the
growth of vegetation or the presence of a blockage or accumulation of debris within any natural
or manmade drainage channel within the city, to the point that the natural flow of water within
that drainage is impeded, diverted or otherwise altered from its most efficient course is hereby
declared to be a nuisance and dangerous to the public health, welfare and safety of the city and
its occupants. (Ord. 1557 §1(part), 1985). The purpose of this chapter is to prevent
obstructions or accumulations of debris within Central Point drainage channels to
reduce the adverse impacts of flooding on developed areas; to maximize the efficient
conveyance of water through the City’s drainage system; and to conserve, protect and
CAP061412 Page 59
Ordinance No. ____________ (062812) Pg. 2
enhance the natural and beneficial uses of waterways within the city limits to the
maximum extent practicable.
8.28.020 Drainage channel obstruction--Unlawful. Nuisance described – Offense punishable.
A. It is unlawful and a public nuisance for any owner or occupant of real property person,
persons, firm or corporation, or any agent for such person, persons, firm or corporation, or
any employee thereof, to cause or allow the growth of vegetation or the presence of a
blockage or accumulation of debris within any natural or manmade drainage channels within
the city to the point that the natural flow of water within that drainage is substantially
impeded, diverted or altered from its most efficient course to be obstructed by the
accumulation of debris or growth of vegetation in a manner that substantially
impedes, diverts or alters water flow from its most efficient course. Violation of this
section may be abated as hereinafter provided, and in addition thereto, shall be punishable
as an ordinance violation under the general penalty ordinance of the city as set forth in
Chapter 1.16 of this code. (Ord. 1590 §1, 1987; Ord. 1557 §1(part), 1985).
B. It is unlawful and a public nuisance for any owner or occupant of real property in
Central Point to reduce the capacity of or obstruct natural or manmade drainage
channels through the intentional or unintentional disposal of grass clippings, brush,
fill trash or other debris; and by allowing excessive non-native vegetation growth.
(Ord. 1590 §1, 1987; Ord. 1557 §1(part), 1985).
C. Violation of this section may be abated as provided in this chapter and in addition
shall be punishable as an ordinance violation under the general penalty ordinance of
the city as set forth in Chapter 1.16 of this code.
8.28.030 Notice--Proceedings.
A. Whenever a complaint is made that a condition prohibited by Section 8.28.0120 is found to
exists, or if the city administrator believes that such a condition exists, the city administrator
may cause an investigation to be made into the nature and extent of the obstruction and the
fault, if any, for the creation thereof the code enforcement officer may give notice to the
owners and occupants of the property by causing the same to be sent by mail to such
person as are sought to be charged at their last known address, or if the mailing
address of any owner or occupant is not known to the city, it shall be sufficient for
the purpose of charging such person that the notice be addressed and sent in care of
the person appearing as owner on the records of the county assessor of Jackson
County. Such investigation may include utilization of engineers or such other experts as
may be necessary, and in connection therewith, the city administrator shall keep a record of
the cost thereof. If, following such investigation, the city administrator determines, in his
discretion, that a condition prohibited by Section 8.28.010 exists, and has been caused or
allowed by the owner or occupant of the property upon which the condition exists, he shall
give notice to the owner(s) and occupant(s) of the property by causing the notice to be sent
CAP061412 Page 60
Ordinance No. ____________ (062812) Pg. 3
by mail to such persons at their last known address, as the same shall appear on the
records of the Jackson County Assessor. The notice shall:
1. Shall Bbe directed to all persons shown on the assessor’s records or otherwise
known to the city to be owners and occupants, whether corporate or otherwise;
2. Shall Rrefer to the premises involved with convenient certainty, the street address, if
any, being sufficient;
3. Shall Iinclude the name, if any, of the subject drainage;
4. Shall Nnotify the addressees to remove the unlawful growth, blockage and/or
debris from the drainage within a period of fifteen days from the date of mailing.; and
The notice shall further inform the owners and occupants that, if the condition is not
corrected within said period of time, the city may cause the unlawful blockage of
growth and/or debris to be removed from the premises, and will assess the costs
thereof against the subject property and make the same a lien against said property.
Said notice shall further inform said owners and occupants that the condition is a
violation of city ordinance and is subject to the general penalty ordinance of the city.
5. Shall instruct them to comply therewith within fifteen days from the date of the
mailing.
The notice shall further inform the owners and occupants that, if the condition is not
corrected within that period of time, the owners and occupants may be prosecuted for
violation. The mailed notice shall further state that unless the unlawful obstruction or
debris accumulation is removed within fifteen days after the date of the mailed notice,
the city may cause the obstruction or debris accumulation to be removed from the
premises and will charge the costs to the owners and occupants and make the same
a lien against the property.
B. Any owner or occupant may, at any time before he becomes in violation, or, if notice has
been served on him under subsection A, within ten days after service of the notice
described above in subsection A, appeal to the city council manager for relief by filing a
petition with the city administrator recorder seeking hearing before the council city
manager. The petition shall include the facts upon which the petitioner relies to relieve for
relief himself from the obligations of this chapter in relation to the property. If the council
city manager finds that it would work a real and unnecessary hardship upon the petitioner
to comply with the terms of this chapter, it may relieve the petitioner of the obligations of the
chapter in relation to the particular property, but nothing therein shall be construed as
obligating the city to remove or abate the nuisance or hazard to public safety without
charging the cost as a lien against the property.
C. If the condition is not corrected within the time limit and no relief has been granted, such
agent of the city as may be designated by the city administrator may abate the condition by
removing the vegetation, blockage and/or debris from the drainage to such an extent as
necessary to remove the potential hazard and ensure the most efficient natural flow of
CAP061412 Page 61
Ordinance No. ____________ (062812) Pg. 4
water, with such extent to be determined by the city manager or designee administrator or
his designated advisor. A formula for abatement fees shall be established by
resolution and reviewed annually by the council. The abatement fees, as calculated
from the formula, shall thereafter be assessed as a lien against the property as
provided in Section 8.28.040. The city administrator shall maintain an accurate record of
the expenses incurred by the city in removing the unlawful vegetation, blockage and/or
debris, and shall include therein an overhead charge for the cost of administration. The total
cost, including investigative cost, removal cost and overhead cost, shall thereinafter be
assessed as a lien against the property as provided for in Section 8.08.030.
D. The abatement proceedings described herein above remedy shall not be exclusive and,
but are in addition to proceeding by abatement, the city may proceed against the
responsible owner or occupant in city court in the manner prescribed by law, or, if the
condition is permanent, substantial or continuing, may proceed by suit in equity for
mandatory injunction or such other relief as may be afforded by a court of equity
.remedies available by prosecution in municipal court for any ordinance violation, by suit in
equity for injunctive relief, actions for damages, or such other relief as may be available.
(Ord. 1590 §2, 1987; Ord. 1557 §1(part), 1985).
8.28.040 Assessment of costs.
After the city has abated an unlawful growth of vegetation or accumulation of debris or deposit
by removal thereof and arrived at the total cost as prescribed in this chapter, the city
administrator recorder shall mail a notice of assessment to the owner and occupant of the
property from which the city has abated the nuisance or hazard to public safety. The notice shall
be addressed to the owners and occupants at the address shown in the office of the county
assessor for said property and, if different, to the street address, if any, of the property. The
notice shall contain:
A. A statement of the total cost, as defined in Section 8.28.030(C);
B. A statement that the cost constitutes a lien against the property, payable within thirty days;
C. A statement that if the owner or occupant objects to the costs, as stated, he may file a
written notice of objection with the city administrator manager within ten days from the date
of mailing the notice. Upon expiration of ten days after the date of mailing the notice,
objections to the proposed assessment shall be heard and determined by the city council at
its next regular meeting manager within 30 days of filing of the written notice. An
assessment for the total cost of cutting or removal shall be determined by the city council
manager and made by resolution and shall thereupon be entered in the docket of city liens,
and then shall constitute a lien against the property from which the unlawful blockage,
growth and/or debris was removed. The liens shall bear interest at the rate of ten seven
percent per year from the date of entry in the lien docket and shall be enforced in the same
manner as in the case of liens for local improvements. An error in the name of the owner or
occupant shall not void the lien nor will a failure to receive notice of the assessment render it
CAP061412 Page 62
Ordinance No. ____________ (062812) Pg. 5
void, but it shall nevertheless remain a valid lien against the property. (Ord. 1557 §1(part),
1985).
Passed by the City Council and signed by me in authentication of its passage this
_______ day of ________________________, 2012.
_______________________________________
Mayor Hank Williams
ATTEST:
_________________________________________
City Recorder
CAP061412 Page 63
Resolution
Scheduling Biennial
Election of Officers
CAP061412 Page 64
140 S Third Street • Central Point, OR 97502 • 541.664.3321 • Fax 541.664.1611
TO: Honorable Mayor and City Council
FROM: City Recorder Deanna Casey
SUBJECT: Scheduling Biennial Election
DATE: June 14, 2012
SUBJECT: Resolution No. ________, A Resolution Scheduling Biennial Election of Central Point City
Officers on November 6, 2012.
SUMMARY: The attached resolution sets the date for the next election of city officers to coincide with
Statewide General Election on Tuesday, November 6, 2012. The positions for Mayor, Council members at
large and from Ward IV will be up for election. The filing period for the election begins on Monday, July 9, 2012, and runs through Tuesday, August 28, 2012.
Election packets are being prepared and will be available July 9, 2012, in the City Recorders office.
Recommended Motion:
Motion to approve Resolution No. _________, A Resolution Scheduling Biennial Election of
Central Point City Officers on November 6, 2012.
Staff Report
Administration Department
Phil Messina, City Administrator
Deanna Casey, City Recorder
CAP061412 Page 65
RESOLUTION NO. _____________
A RESOLUTION SCHEDULING BIENNIAL ELECTION OF CENTRAL POINT CITY
OFFICERS ON NOVEMBER 6, 2012 RECITALS:
A. The Central Point City Charter provides that regular City elections shall be held at
the same times and places as biennial general state elections, and the next biennial state election is scheduled for November 6, 2012;
B. The biennial election of the City of Central Point, Oregon, shall be held
concurrently with the general election of the State of Oregon on November 6,
2012, between the hours of 7:00 a.m. and 8:00 p.m. Pacific Standard Time, at which election the City shall elect a mayor, one council member from Ward IV
and two council members At-Large.
C. The precincts and judges and clerks of election shall be the same as those
provided within the City of Central Point, Oregon, for the statewide general election held on the same date.
D. The City Recorder is hereby authorized and directed to give notice of said
election, at least 10 days prior to the election, by posting notice thereof in a
conspicuous place in the City Hall and in one public place in each voting precinct of the City. The notice shall state the officers to be elected, the ballot title of each
measure to be voted upon and the time and place of the election.
E. All candidates for the offices mentioned in Section 1 above shall file the proper
forms of nomination with the City Recorder during normal business hours between Monday, July 9, 2012, and Tuesday, August 28, 2012.
The City of Central Pint resolves as follows:
Section 1. The Central Point City Charter provides that regular City elections shall be held at the same times and places as biennial general state elections, and the next biennial state election
is scheduled for November 6, 2012;
Passed by the Council and signed by me in authentication of its passage this ____ day of
_________, 2012. ____________________________________
Mayor Hank Williams
ATTEST:
__________________________________
City Recorder
CAP061412 Page 66
Business
Agreement with RVSS
CAP061412 Page 67
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
June 7, 2012
TO: Honorable Mayor and City Council
FROM: Matt Samitore, Parks & Public Works Director Stephanie Holtey, Floodplain/Stormwater Coordinator
RE: An Intergovernmental Agreement between the City of Central Point and Rogue Valley Sewer Services regarding the temporary delegation of stormwater quality management.
SUMMARY:
The Intergovernmental Agreement (IGA) between Rogue Valley Sewer Services (RVSS) and the City of Central Point describes how the City and RVSS agree to collaborate on stormwater quality
management until Central Point is issued a stand-alone National Pollution Discharge Elimination
System (NPDES) Phase II permit. This agreement is mutually beneficial to both agencies as it:
• Ensures continued compliance with state and federal water quality requirements;
• Provides RVSS with monthly compensation that is commensurate with services rendered for
temporary program administration; and,
• Allows the City to retain sufficient funds to complete high priority projects budgeted for and
needed to develop a successful stormwater quality program. The IGA will remain in effect until the Oregon Department of Environmental Quality issues the City’s
stand-alone NPDES Phase II permit. At that time, the City will take on full responsibility for all activities associated with stormwater quality and monthly payments to RVSS for temporary program
administration will cease.
RECOMMENDATION:
Approve the Intergovernmental Agreement between the City of Central Point and Rogue Valley Sewer
Services regarding the temporary delegation of stormwater quality management.
CAP061412 Page 68
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF CENTRAL POINT AND ROGUE VALLEY SEWER SERVICES
REGARDING THE TEMPORARY DELEGATATION OF STORMWATER QUALITY
MANAGEMENT
This intergovernmental agreement (“Agreement”) is made and entered into as of the ____ day of _______, 2012 by and between the City of Central Point (“City”) and Rogue Valley Sewer Services (“RVSS”) for the temporary delegation of stormwater quality management.
Recitals:
A. The City has authority to operate and maintain surface water management systems and many other services as provided for under its charter and relevant laws; and,
B. RVSS, organized under ORS 450, has the legal authority for the sanitary sewerage and stormwater (surface water) management programs within its boundaries consistent with relevant
laws; and
C. RVSS has been the designated NPDES Phase II permittee representing the City of Central
Point for operation of the City’s Municipal Separate Storm Sewer System (MS4) in accordance with relevant federal and delegated state Clean Water Act permits for stormwater since 2007;
D. The City has applied for its first stand-alone National Pollution Discharge Elimination System (“NPDES”) Phase II permit to operate its MS4;
E. The Oregon Department of Environmental Quality (“DEQ”) requires continued demonstration of compliance with the relevant federal and state delegated Clean Water Act requirements while the City develops and adopts the necessary legal authority for stormwater quality program
implementation;
F. RVSS has adopted a stormwater ordinance and enforcement program on behalf of Central
Point, Phoenix, Talent and portions of Jackson County that is compliant with relevant federal and delegated state Clean Water Act permit requirements;
G. RVSS and the City have enjoyed a strong and effective partnership over more than three decades that has greatly enhanced protection of public health and the environment and
supported economic growth. H. RVSS and the City commit to cooperatively and openly engage each other in the timely
discussion of topics of mutual interest; I. The City and RVSS have the authority to enter into contracts for the cooperative operation of
service facilities under ORS Chapter 190; The City and RVSS hereby agree as follows:
Section 1. Permittee Responsibility. Upon approval of a stand-alone NPDES Phase II permit, the City shall assume full responsibility and authority for storm and surface water quality
management and reporting for operation of the Central Point MS4.
CAP061412 Page 69
CITY OF CENTRAL POINT AND ROGUE VALLEY SEWER SERVICES INTERGOVERNMENTAL AGREEMENT
Page 2 of 5
Section 2. Temporary Delegation of Responsibility. To maintain compliance with relevant federal and state delegated Clean Water Act requirements, the City shall temporarily entrust
RVSS with the responsibility for implementing the surface water quality management program,
including reporting and operation of the Central Point MS4, in accordance with RVSS Code Chapter 4.05, Stormwater Management and Storm Drain Construction Standards and
Specifications set forth in the Rogue Valley Water Quality Design Manual. a. The City shall abide by the performance standards and criteria associated with the
construction site runoff, post-construction site runoff, and illicit discharge detection and elimination programs promulgated by RVSS and administered on behalf of the City while this Agreement is in effect.
b. The City and RVSS shall work cooperatively to ensure ongoing compliance with the
federal and state delegated Clean Water Act requirements set forth in the RVSS permit
until the City’s stand-alone permit is issued.
Section 3. Transition Protocol. To facilitate the transition of the stormwater management
program authority from RVSS to the City, RVSS agrees to: a. Provide copies of the stormwater management documentation used in the operation of
the Central Point MS4, including but not limited to: standard operating procedures for
plan review, inspections, and enforcement; tracking databases for construction, illicit discharge detection and elimination, and post construction practices; construction
drawings, as-builts, and maintenance schedules for BMPs; active permit records; and any other pertinent documentation related to stormwater quality management in Central Point.
b. Invite city Public Works staff to participate in all aspects of stormwater quality management in Central Point including but not limited to plan review, inspections, illicit
discharge detection and elimination investigations, and BMP maintenance. c. Transfer active stormwater permits to Central Point upon issuance of the stand-alone
permit and a 1200-CN permit from DEQ.
Section 4. Programs, Rules, Policies and Standards. Any changes to water quality rules,
policies, or standards associated with construction site runoff, post-construction site runoff and illicit discharge detection elimination shall be made to comply with federal and state permits,
laws and regulations associated with stormwater quality as follows: a. Subsequent to a determination by the RVSS Board of Directors that programs, rules,
policies and standards require modification to meet changes to state and/or federal permits, laws and regulations associated with stormwater quality, written notice shall be provided to the City detailing the proposed program changes and the permit, law or
regulation changes that promulgated such proposal. Modifications to programs, rules,
policies and standards shall become effective 90 days following written notification of proposed changes or another mutually agreed upon time following written notification.
b. Changes to programs, rules, policies and standards related to construction site runoff control, and illicit discharge detection and elimination not promulgated by changes to
state and federal permits, laws and regulations shall not occur within the duration of this agreements effectiveness.
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Section 5. Documentation and Reporting. RVSS will provide copies of any permit applications
(1200-C and 1200-CN) received each month, as well as construction drawings received for
stormwater design review. If any erosion control violations, or illicit discharge notices are issued during the month, copies will be provided to the City.
Section 6. Permit Compliance. RVSS shall be responsible for responding to notices of violations and for payment of fines associated with non-compliance with its permit conditions
until the Central Point stand-alone permit is issued. RVSS shall invite the City to participate in any discussion with state and federal agencies regarding notices of violation involving RVSS’ temporary provision of stormwater quality program management per the terms of this
agreement. The City will cooperate with the investigation and response to any notice of violation involving operation of the Central Point MS4. If a fine is imposed, the City shall
reimburse RVSS to the extent that the fine results from the City’s non-compliance with the
performance standards and criteria associated with the construction site runoff, post-construction site runoff, and illicit discharge detection and elimination programs pursuant to
RVSS Code Chapter 4.05. Disputes over the amount of reimbursement shall be resolved by the
dispute resolution process set forth in Section 12 of this agreement.
Section 7. Stormwater Revenue Collection. The City shall begin collecting the monthly
stormwater service charge and any future system development charges necessary to implement the stormwater quality management program and performance standards within the Central
Point city limits as of July 1, 2012. RVSS may not impose any additional fees on Central Point residents for stormwater quality management purposes.
Section 8. Compensation. Compensation for temporary provision of stormwater management
services by RVSS on behalf of the City shall be as follows:
a. General program management shall be compensated at a rate of $4,833 per month until the Central Point NPDES Phase II stand-alone permit is issued. In the event permit issuance occurs prior to the beginning of the subsequent calendar month, the
compensation rate will be proportionally allocated based on the number of days service was provided within said month.
b. Permit fees, including those covered by the RVSS 1200-CN permit, shall be paid to RVSS by the applicant of subject project proposals. In the event a permit is not
terminated when DEQ issues a stand-alone NPDES Phase II permit and 1200-CN
permit to the City, the annual fee shall be proportionally allocated based on the number of days during the fiscal year that the permit is administered by each respective party, as
of the date a complete application or the annual renewal fee was received, whichever is later.
Section 9. Insurance. While this Agreement is in effect, each party shall have and maintain a
comprehensive general liability and comprehensive automobile liability insurance policies. Each policy of insurance shall be written as a primary policy. A copy of each policy or a certificate of
compliance with this Section 7 shall be subject to approval by the City’s Risk Manager. Section 10. Indemnification. Each party agrees to indemnify and hold harmless the other party
and its officers, employees and agents from any and all losses, claims, actions, costs, expenses, judgments, subrogation, or other damages resulting from injury to any person
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(including injury resulting in death) or damage (including loss or destruction) property, of whatsoever nature arising out of or incidental to the negligent performance of professional
services by RVSS (including but not limited to, RVSS’ employees, agents, and others
designated by RVSS to perform work or services attendant to this agreement). RVSS shall not be held responsible for damages caused by negligence of the City.
Section 11. Limitation. Nothing in this Agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of the City, nor as a delegation or limitation of
the statutory powers of RVSS. This Agreement shall not limit any right or remedy available to the City or RVSS against illegal acts of third parties.
Section 12. Dispute Resolution. In the event of a dispute between the City and RVSS regarding their respective rights and obligations pursuant to this Agreement, the parties shall
first attempt to resolve the dispute by negotiation. If not resolved by negotiation, following
dispute resolution process is to be utilized by the parties:
Step 1, Negotiation between the City CEO and RVSS General Manager. Upon failure
designated representative of each party to negotiate resolution of a dispute, the nature of the dispute shall be put in writing and be submitted to the City’s Chief Executive
Officer and RVSS’s General Manager, who shall meet and attempt to resolve the issue.
Resolution at this level shall be documented in writing and recognized by the City’s Chief Executive Officer and RVSS’ General Manager by their respective signatures. Failure to
resolve an issue at this step within 30-days may result in escalation to Step 2 of the remedy process.
Step 2, Negotiation through Mediation. A mutually agreed upon mediator shall facilitate resolution of the dispute through negotiation. In the event the City and RVSS cannot agree on a mediator, the parties shall request a list of five (5) mediators from the
American Arbitration Association, or other similar entity that provides mediation services, from which the parties will select a mutually agreed upon mediator. If mutual agreement
cannot be reached, RVSS and the City shall utilize a process of alternating elimination,
whereby each entity will strike a name in turn until only one name remains. The order of striking names shall be determined by lot. Any costs for mediation services to resolve a
dispute shall be equally distributed among RVSS and the City. A written termination of
the dispute and resolution achieved shall be signed by both parties acknowledging each party’s concurrence with the resolution. Failure to resolve the dispute at this step will
escalate the matter to step 3.
Step 3, Binding Arbitration. A mutually agreed upon arbitrator, who shall be an attorney
licensed to practice in Oregon shall be selected to resolve the dispute within ten (10) days. Failure to agree on an arbitrator will result in each party appointing an arbitrator. The two selected arbitrators shall choose a third arbitrator within ten (10) days. Failure
to select a third arbitrator within the specified time, may resolve in either party applying to the presiding judge of the judicial district of Jackson County to appoint the required arbitrator. The arbitrator shall proceed according to the Oregon statutes governing the
arbitration and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in Jackson County. Costs associated with arbitration shall be
shared equally by the parties. The arbitrators may allow discovery, as provided by
Oregon law and may grant any remedy or relief which the arbitrators deem just and equitable and within the scope of the agreement between the City and RVSS, including
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but not limited to, specific performance of any obligation created under the agreement, any interim or provisional relief that is necessary to protect the rights or property of the
parties, or imposition of sanctions for abuse or frustrations of the arbitration process.
Section 13. Attorney Fees. In the event of any action to enforce interpretation of this
agreement, the prevailing party shall be entitled to recover from the losing party reasonable attorney fees incurred in the proceeding, as set by the court, at trial, on appeal or upon review.
Section 14. Modification. No amendments, changes or modification to this Agreement shall be valid unless provided in writing and signed by the City and RVSS to acknowledge concurrence of each party to the proposed modification.
Section 15. Duration. This Agreement shall be in effect until the DEQ issues Central Point’s
stand-alone NPDES Phase II permit. Written notification of termination shall be provided by the
City to RVSS in accordance with the termination provisions provided in Section 16.
Section 16. Termination. Termination of this agreement shall be made in writing to RVSS upon
DEQ’s issuance of the Central Point stand-alone NPDES Phase II permit. Due to the requirement to maintain ongoing compliance with federal and state delegated Clean Water Act
requirements, termination of this Agreement shall not occur by either party until the date of said
permit issuance.
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