Loading...
HomeMy WebLinkAboutCAP072612Central 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 CITY OF CENTRAL POINT City Council Meeting Agenda July 26, 2012 Next Res. 1840 Next Ord. No. 1963 L REGULAR MEETING CALLED TO ORDER — 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. SPECIAL PRESENTATION - F.E.M.A. V. PUBLIC APPEARANCES VI. CONSENT AGENDA Pg. 6 - 11 A. Approval of July 12, 2012 Council Minutes 12 - 14 B. Approval of Teenage Suicide Awareness Proclamation V. ITEMS REMOVED FROM CONSENT AGENDA VI. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 16-109 A. Public Hearing - First Reading An Ordinance Adopting the Greater Bear Creek Valley Regional Plan, Including Adoption of a Regional Plan Element as a New Element of the City of Central Point Comprehensive Plan, An Amendment to the Land Development Ordinance Chapter 17.71 Agricultural Buffering, An Amendment to the Official Comprehensive Plan Land Use Map Designating the Urban Reserve Areas, and Approval of an Urban Reserve Management Agreement Between Jackson County and the City of Central Point (Humphrey) 111 - 112 B. First Reading - An Ordinance Adding Section 5.34.025 to the Central Point Municipal Code to Require Pawnbrokers and Secondhand Dealers to Retain Property Prior to Resale (Allison) 114- 155 C. Ordinance No. _ , An Ordinance Amending Sections 2.40.020, 2.40.040 And 2.40.050 Of The Central Point Municipal Code To Provide For The Adoption Of Public Contracting Rules By Resolution; To Simplify The Existing Public Contracting Chapter And To Coordinate The Public Contracting Rules With Recent Legislative Changes (Clayton) 156- 174 D. Resolution No. A Resolution Adopting Public Contracting Rules (Clayton) 176- 177 E. Resolution No. , A Resolution to Approve a Supplemental Budget for the 2012/13 Fiscal Year (Adams) IX. BUSINESS 179 A. Battle of the Bones Report (Samitore) VIII. MAYOR'S REPORT IX. CITY MANAGER'S REPORT X. COUNCIL REPORTS XI. DEPARTMENT REPORTS XII. EXECUTIVE SESSION - ORS 192.660(2)(d) Labor Negotiations 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. XIII. ADJOURNMENT Special Presentation FEMA Presentation rt &q&m ix Rating CAP072612 Page 1 ffhil Messina Central Point City Manager III IIII 140 South Third Street R 34-1 U U.S. Department of Homeland Security 500 C Street, SW Washington, DC 20472 FEMA i counnont "17 IT yTTr *I-w 71MRTMET VIS j*Tr commutury to Me nu"! disaster resistant. This commitment enhances public safety, property protection, and protects the natj functions of floodplains, and reduces flood insurance premiums. 98MM David L. Miller Associate Administrator CAP072612 Page 2 wwwlein%gov Rating System (CRS) for the above named community. A total of 2125 credit points are verified which results in a recommendation that the community improve from a CRS Class 7 to a CRS Class 6. The community has met the CRS Class 6 prerequisite with a Building Code Effectiveness Grading Schedule (BCEGS) Classification of 2/2. The following is a summary of our findings with the total CRS credit points for each activity listed in parenthesis: ActiVity 10 — Elevation Certificates: The Planning Department maintains elevation certificates for new and substantially improved buildings. Copies of elevation certificates are made available upon request. Elevation Certificates are also kept for post-FIRM buildings. Elevation Certificates, plans, regulations and other records are maintained in a secure location away from the permit office, (122 points) NON ---------------- Activitv 330 — Outreach Projects: A community brochure is mailed to all properties in the community on an annual basis. An outreach brochure is mailed annually to all properties in the community's Special Flood Hazard Area (SFHA). The community also provides flood information through displays at public buildings. Credit is also provided for the community's promotion of flood insurance. (213 points) .�tqtilvity 340 - — - Hazard Disclosure: Credit is also provided for state and communi reg6_1a requiring disclosure of flood hazards. (10 points) I Activity 350 — Flood Protection Information: Documents relating to floodplain management are available in the reference section of the Jackson County Library. Credit is also provided for floodplain information displayed on the community's websit 4••r I Activity 360 — Flood Protection Assistance: The community provides technical advice and assistance to interested property owners and annually publicizes the service. (52 points) CAP072612 Page 3 Acti Fitv 410 — Additional Flood Data: Credit is provided for conducting and adopting flood studies for areas not included on the flood insurance rate maps and that exceed minimum mapping standards. Credit is also provided for (a) cooperating technical partnership agreement(s) with FEMA. (78 points) 111111111Y.111601424M I "M Activitv 440 — Flood Data Maintenance: Credit is provided for maintaining and using digitized maps in the day to day management of the floodplain. Credit is also provided for maintaining copies of all previous FIRMs and Flood Insurance Study Reports. (142 points) Activiltv 450 — Stormwater Management: The community enforces regulations for stormwater management, freeboard in non-SFHA zones, soil and erosion control, anli" water quality. Credit is also provided for stormwater management master planning. (122 points) Section 502 - Repeve Loss Category: The City of Central Point is a Category A community for CRS purposes and no action is required. (No credit points are applicable to this section) U, # CAP072612 Page 4 i0m Attached is the Community Calculations Worksheet that lists the verified credit points for the Community Rating System. D'J"o MBMWX'*C-= it Messina Stephanie Holtey, CFM it Manager Floodplain/Stormwater Coordinator 140 South rd Street 140 South 3rd Street Central Point, Oregon 97502 Central Point, Oregon 97532 (541) 423-1031 CAP072612 Page 5 Community: City of Central Point, OR NFIP Number: 410092 720 COMMUNITY CREDIT CALCULATIONS (Cycle): loyjlromwjfrol&e� 0 Tre I" c3l 0 122 c320 140 478 c330 213 c340 10 188 c350 49 c360 52 c41 0 70 x CGA c420 264 x CGA c430 431 x CGA c440 128 x CGA c450 110 x CGA C51 0 188 c520 20 c530 c540 218 c6l 0 c620 c630 jjrfwjjjrjr4-jM1!1 1113!111171 1141790��'e Phil Messina City Manager 140 South 3rd Street Ce-ttral PoilLLIUN_va-:2 i, �� 1 Stephanie Holtey, CFM 140 South 3rd Street Central Point, Oregon 97532 (541) 423-1031 AW-720 KLt ur n t o Agenda CAP072612 Page 6 78 293 478 142 122 188 20 jjrfwjjjrjr4-jM1!1 1113!111171 1141790��'e Phil Messina City Manager 140 South 3rd Street Ce-ttral PoilLLIUN_va-:2 i, �� 1 Stephanie Holtey, CFM 140 South 3rd Street Central Point, Oregon 97532 (541) 423-1031 AW-720 KLt ur n t o Agenda CAP072612 Page 6 WA A CAP072612 Page 7 CITY OF CENTRAL POINT City Council Meeting Minutes July 12, 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, Kelly Geiger, Kay Harrison, and Ellie George were present. Assistant City Manager Chris Clayton; City Attorney Paul Nolte; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; Captain Chuck Newell; Captain Brian Day; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES County Commissioner John Rachor stated that he attended the Battle of the Bones and is looking forward to the Jackson County Fair. He hopes to be able to attend more of the City Council meetings in the future. V. CONSENT AGENDA A. Approval of June 28, 2012, City Council Minutes B. Approval of Brick House Pizza OLCC Application C. Approval of Surplus List for July 2012 Allen Broderick moved to approve the Consent Agenda as presented. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA - None VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Reading — An Ordinance Amending Sections 2.40.020, 2.40.040, and 2.40.050 of the Central Point Municipal Code to Provide for the Adoption of Public Contracting Rules by Resolution; To Simplify the Existing Public Contracting Chapter and to Coordinate the Public Contracting Rules with Recent Legislative Changes Assistant City Manager Chris Clayton explained that there have been substantial changes to Oregon's public contracting rules. Chapter 279 of the Oregon Revised Statutes were revised to require public agencies to employ a Qualifications Based Selection (Q.B.S.) methodology when selecting professional consultants. CAP072612 Page 8 City of Central Point City Council Minutes July 12, 2012 Page 2 Central Point Municipal Code Chapter 2.40 governs the City's public contracting procedures. In order to be compliant with the State's recent revisions staff has prepared an ordinance eliminating certain portions of Chapter 2.40 followed by the adoption of a public contracting rules resolution at the second reading of this ordinance. Adopting the rules and procedures by resolution provides greater flexibility when future revisions are made by the state. Bruce Dingier made a motion to move to second reading An Ordinance Amending Sections 2.40.020, 2.40.040, and 2.40.050 of the Central Point Municipal Code to Provide for the Adoption of Public Contracting Rules by Resolution; To Simplify the Existing Public Contracting Chapter and to Coordinate the Public Contracting Rules with Recent Legislative Changes. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. VIII. BUSINESS A. Approval of Intergovernmental Agreement with the City of Talent for CMAQ Parking Lot Grant Parks and Public Works Director Matt Samitore explained that the City of Central Point and the City of Talent were awarded a grant from the CMAQ program to design and construct three parking lots; two in Central Point and one in Talent. Central Point will serve as the lead agency and will be in charge of paying the Oregon Department of Transportation for the match requirements. Based upon the type of work being completed, Central Point will bill the City of Talent for their portion of the project. The attached IGA explains the procedures for administering the program. There was discussion regarding possible contaminated soil in some of the parking lot areas. There have been cars sitting in the lot across from City Hall for many years from of the auto repair shop, and DEQ has required the city to oil the lot to keep down dust. The city is working with DEQ to have soil testing completed so we can begin the parking lot construction. Kelly Geiger made a motion to approve the Intergovernmental Agreement with the City of Talent for CMAQ Parking Lot Grant. Kay Harrison seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. B. Award of Bid for Bear Creek Waterline, Beebe Road to Peninger Road Project Parks and Public Works Director Matt Samitore stated that Public Works opened bids for the Bear Creek Waterline, Beebe Road to Peninger Road project on Tuesday, July 10, 2012. He presented a spread sheet with the bid results. Staff recommends awarding the bid to Pacific Pipeline, Inc., in the amount of $334,689.00. The City has worked with this company in the past The project specifications specify that all work in the stream will be completed by September 15, 2012. CAP072612 Page 9 City of Central Point City Council Minutes July 12, 2012 Page 3 Carol Fischer made a motion to award the Bear Creek Waterline, Beebe Road to Peninger Road Project to Pacific Pipeline, Inc., in the amount of $334,689.00. Ellie George seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. C. Planning Commission Report Community Development Director Tom Humphrey presented the Planning Commission report for July 3, 2012. The Planning Commission conducted a public hearing and received testimony from property owners who expressed a desire to be in a URA and from others who would like to be removed. Citizens were advised that Jackson County has already adopted the Regional Plan and the new URAs. The work being done in each city is merely to acknowledge the Plan and the URA Boundaries. The Commission recommended approval to the City Council. Kay Harrison made a motion to accept the Planning Commission report for July 3, 2012. Carol Fischer seconded. Roll call: Allen Broderick, yes, Bruce Dingler, yes; Kelly Geiger, yes; Carol Fischer, yes; Kay Harrison, yes; Hank Williams, yes; and Ellie George, yes. Motion approved. IX. MAYOR'S REPORT Mayor Williams reported that he was a participant in the 4t" of July Parade and attended the Red, White and Boom at the Expo. They were both well attended events. He attended the Medford Water Commission meeting where they talked about conservation efforts. He is working on an article to put in the Newsletter regarding MWC charges to their citizens. X. CITY MANAGER'S REPORT Assistant City Manager Chris Clayton reported that: • City Manager Phil Messina is attending the Oregon Managers Conference in Bend this week. • A toxic blue green algae alert went out for Jackson Creek in Central Point. The area will be posted while the state makes a determination. • He attended the MWC discussion on conservation. • Staff will be working on contract negotiations for the general service employees this month. XI. COUNCIL REPORTS Council Member Allen Broderick stated that he attended the 4t" of July Parade an watched the fireworks from his house. CAP072612 Page 10 City of Central Point City Council Minutes July 12, 2012 Page 4 Council Member Kelly Geiger stated that he attended the parade and fireworks event at the expo. Council Member Kay Harrison stated that she attended the parade and the Red, White and Boom. She had a great time, but the entertainment was questionable for a family event. Council Member Bruce Dingler reported that he watched the fireworks display in Twin Creeks, they had a permit from the Fire Department and cleaned up their mess. Council Member Carol Fischer reported that she attended part of the Planning Commission meeting regarding RPS and the MWC meeting. XI 1. DEPARTMENT REPORTS Community Development Director Tom Humphrey reported that he has received a letter from Jackson County Housing Authority. They have received funds to build in Central Point and White City. Captain Chuck Newell pre presented a report on the prescription drug box drop off site that is located in the Police Department Lobby. So far, 134 pounds of medication are now out of circulation and out of the landfills. Parks and Public Works Director Matt Samitore reported that the 4t" of July events were well attended. Most of the vendors at the park sold out and had to replenish. The city will be asked to increase donations for next year for Red White and Boom. Friday night festivals start tomorrow night with Puss N Boots. XIII. EXECUTIVE SESSION - None XIV. ADJOURNMENT Bruce Dingler moved to adjourn, Ellie George seconded, all said "aye" and the Council Meeting was adjourned at 8:00 p.m. The foregoing minutes of the July 12, 2012, Council meeting were approved by the City Council at its meeting of July 26, 2012. Dated: Mayor Hank Williams ATTEST: City Recorder CAP072612 Page 11 TSAD TEENAGE SUICIDE AWARENESS DAY 2012 July 17, 2012 To the Mayor and Council Members My name is Abi Adewunmi, I am writing on behalf of the Teenage Suicide Awareness Day initiative. The Teenage Suicide Awareness Day initiative started as a result of the need to do something about the silent epidemic of youth suicide in the southern Oregon area, specifically in Jackson County. It is rather unfortunate that this is a topic a lot of people do not talk about, partly because they are not aware of its significant damage to our local families, and also because they don't know what to do about it. Teenage suicide is a silent epidemic that is taking lives prematurely and destroying legacies. It is a dream killer and a home wrecker that leaves a trail of guilt, sorrow and pain. I would like to inform you of the following statistics; I found them quite staggering myself. It is documented that every 2 hours and 11 minutes, a youth commits suicide. For every youth suicide, there are between 50 to200 attempts. In high schools, almost 1 out of every 5 students has seriously considered suicide and 1 out of every 12 students have actually attempted it. It is the second leading cause of death amongst young people and it almost seems our youths are safer in a car with other youths than by themselves with suicide ideation. Last of all, Jackson county teenage suicide rate is nearly double the national rate, and 25% higher than the state rate. Hence my prevailing need for someone to do something about it. My aim is to bring county wide awareness to this silent epidemic, to inspire every youth that will attend the awareness night with a hope and a future, and to help our youth combat depression and hopelessness by instilling in them a dream and the reality of a hope and a future. To this end, I would like to ask for your partnership with me in preserving the lives of our local youth. The issue of youth suicide is a painful one that doesn't victimize the youth only but also the family and community of friends that are left behind. We recently received a very encouraging correspondence from the Medford Mayor's office and we have included an excerpt from this correspondence below, "Thank you foryour letter advising Mayor Wheeler about Teenage Suicide Awareness Day 2012, although Mayor will not be able to attend your event he has offered to issue a proclamation. Mayor will proclaim August 25, 2012 as Teenage Suicide Awareness Day in Medford. He will read the proclamation during the August 16, 2012 Council meeting at noon. You are welcome to attend the meeting and receive the original proclan?a /ion directly. " As part of our awareness initiative, we participated in the July 4th Central Point Parade; we were well received by the crowd who cheered us on as we bellowed, "We are doing something about it." We threw candy to the children and hand delivered five hundred flyers to the adults who were very interested in our cause and what we were doing. We will also be observing the Teenage Suicide Awareness Day on August 25th 2012 at the Jackson County Fairgrounds. With your partnership we TEENAGE SUICIDE AWARENESS DAY 820 S. CENTRAL AVE, STE B. MEDFORD OR 97501 -WE ARE DOING SOMETHING ABOUT IT- W.TSAD2012 CAP072612 Page 12 TSAD TEENAGE SUICIDE AWARENESS DAY 2012 can show our youth and the families of the suicide victims that we care, and that the memories of their lost loved ones can serve as a catalyst to preserve the lives of the youths that have been left behind. We are asking that the town of Central Point join in this stand against teenage suicide. We would very much like it if a proclamation could be made about August 25th as Teenage Suicide Awareness Day; we believe that if all the towns in our county came together, we would be able to make greater impact. With regards for all the work that you do and your very busy schedule, we invite you to join us on August 25th as we observe Teenage Suicide Awareness Day at the Jackson County Fairgrounds. Sincerely Abi Adewunmi, For Teenage Suicide Awareness day 2012 Tel: 5415312278 info@TSAD2012.org talk2abi @gmail.com TEENAGE SUICIDE AWARENESS DAY 820 S. CENTRAL AVE, STE B. MEDFORD OR 97501 -WE ARE DOING SOMETHING ABOUT IT- W.TSAD2012 CAP072612 Page 13 CAP072612 Page 14 [Mill I i - A Adopting Greater Bear Creek Valley k I �um CAP072612 Page 15 PaW MIM I Community Dev�elopment 6—m--FTu —mp K�64TAWC P A Mam�=�� STAFF SOURCE: Tom Humphrey AlCP, Community Development Director On September 8, 2011 the City Council, with a recommendation from the Planning Commission, approved Resolution No. 1312 forwarding a favorable, and final recommendation to the County Planning Commission to approve the Regional Plan. The City Council's recommendation included four (4) suggested text changes. The County, with the exception of the recommendation to modify the timing for adoption of an Area of MutualPlanning Concern agreement for the Gibbon Acres area, accepted (in Itrinciple) the City's recommendations. M # 7� 1 n-MUMssioners-S.optea amenciments to the Aegional "Ian in response to direction given by the Land Conservation and Development Commission who conducted an informal review of the plan earlier in the year. Exhibit A of the attached city ordinance has been amended to reflect the County's changes. The City conducted two public hearings prior to this City Council meeting, one with the Planning Commission on July 3, 2012 and the other with the Citizen's Advisory Committee on July 10, 2012. In each case testimony was received from property owners who expressed a desire to be in a URA or who wanted to be removed. Given the findinis iresented in the staff worts, the Plagn' Cimsg4i 44-flip y-go giollu to I I I U. 99-MUM CAP072612 Page 16 yn—alvel remaining pXrticipants (cities) to: 1. Amend their comprehensive plans to include a Regional Plan Element; 2. Amend their comprehensive plan map (Land Use Plan Map) to include a map that illustrates the urban reserve areas; 3. Adopt the agricultural buffering ordinance; and 4. Approve an Urban Reserve Management Agreement. MEMO*` IT 11 11 01�1 OT I CUU111111MCM1*11 VXU PICSCII ;in x I I oitrieorainance�Attacnment""A").*ncet above is completed ► all participants the County will forward the approvals to LCDC for final consideration and action. DISCUSSION: As noted above there are four actions to betaken byltheLLC,�'tC �cil. At the July 20" rteefi RM IVA Im', Comprehensive Plan Land Use Plan Map (Exhibit "B" of the Ordinance) — As part of the Comprehensive Plan modification it is necessary that the Land Use Plan Map be amended to include the urban reserve areas as described in the adopted Plan. For the City of Central Point there are eight (8) Urb?-nReserv",re,?,s. it Reserve Management Agreement (Exhibit "C" of the Ordinance) — Another condition of the Agreement was approval of an Urban Reserve Management Agreement (URMA). The purpose of the URMA is to define and dele,4ate the urban reserve areas. ISSUES: For each of the above actions the primary issues may be: Regional Plan Element — There exists the possibility of requests for reconsideration of the Urb Reserve Area boundaries. The boundaries have been extensively vetted as detailed in the adopte Regional Plan. The Jackson County Planning Commission held numerous public hearings to discuss the boundaries and any possible changes. i CAP072612 Page 17 Agricultural Buffering Ordinance — Impact of ordinance implementation on development proposals. The ordinance requires the establishment and maintenance of buffer zones ranging frM m 40 feet to 200 feet in depth, depending on the type of buffer proposed. As written the ordinance onli apilies to future develoment within the Urban Reserve '66 1 "'1 INQMIMU �41 0 jigivula , ff-11"1411"111r." ♦ Urban Reserve Management Agreement — No expected issues. ATTACHMENTS: Attachment "A": Ordinance No. Attachment "B": Planning Commission Resolution No. 787 Attachment "C": Citizen's Advisory Committee Resolution No. 2012-001 Attachment "D": Correspondence ACTION: Consideration of ordinance. RECOMMENDATION: Conduct a public hearing and move ordinance to a second reading for: 1. The Regional Plan Element; 2. The amendment of the Land Use Plan Map of the Comprehensive Plan; 3. Section 17.71 of the Zoning Ordinance adding regulations and standards for Agricultural Buffering; and C The Urban Reserve Management Agreement. Ket ur n t o Agenda UUMEM CAP072612 Page 18 ATTACHMENT,, A X��M E. On June 27, 2012, by Ordinance No. 2012-6 the Jackson County Board of Commissioners approved amendments to the Jackson County Regional Plan Element, as well as amendments to the County Comprehensive Plan map and text, consistent with recommendations of the Land Conservation and Development Commission. F. In accordance with the resu Agreement, and as a lt of Jackson County's Ordinance No. 2011-12, the Regional Plan became the adopted Regional Plan. 1. The City of Central Point has reviewed the adopted Regional Plan and in accordance with the Agreement has prepared the following (the "Amendments"); A Regional Plan Element, incorporating the Regional Plan as a new element of the City of Central Point Comprehensive plan; 2. An amendment tote Comprehensive Land Use Plan Map to designate the Urban Reserve Areas; I An amendment to the Central Point Municipal Code by adding Chapter I7.71, Agricultural Mitigation; and Urban Reserve Management Agreement between Jackson County and the City of Central Point. CAP072612 Page 19 IF 911111111 �,ECTION 1. Based on all the information received, the City council adopts the fmdings of fact and conclusions of law presented in Exhibit "E". SECTION 2. The Regional Plan Element (Exhibit "A") as a new element of the City of Central Poiwj Comprehensive Plan is hereby amended, sECTION 3. The Comprehensive Land Use Plan Map designating the Urban Reserve Areas (Exhibit "B") is hereby amended. SECTION 4. The Urban Reserve Management Agreement between Jackson County and the C it y o f Central Point (Exhibit "C") is hereby approved. SECTION 5. Chapter 17.71, as set forth in Exhibit D, establishing regulations for agricultural buffering, is added t o t he Central Point Municipal Code. • 11 P, ssage Yms '5Tfi—cffy-M MINI XWjEM= CAP072612 Page 20 Ket ur n t o Agenda 2«»2>« allw ? COMPREHENSIVE P ±> }\y of Central P o }n \ Comprehensive Plan + #!#>! <v waf£w Ordinance No. «»«\ August « 2012 c qG@2 Page 21 'The Greater Bear Creek Valley Regional Plan (the "Regional Plan") is the product of4I kkw, r !ounty ♦ address Central Point, Eagle Point, Medford, Phoenix, Talent, and Jackson County to address long-term urbanization needs of the region, including the establishment of goals an policies. which affect the form and function of future urban-level development and the creation of an Urban Reserve UR for each of the c' h r h # 1. fflizil��� On December 22, 2008, by Ordinance No. 1923, the City of Central Point signed the Greater Bear Creek Regional Problem Solving Participants'Agreement acknowledg- ing and supporting the continued efforts in completing and adopting a long-term re- gional plan for the continued urbanization in the Greater Bear Creek Valley. �*MffffWj_ — — RIM', WWWAIM"I'VII V91=071 - tire Greater Bear Greek Valley Regional Plan (Regional Plan) 1, and to incorporate those sections of the Regional Plan that are applicable to the City of Central Point, and in so doing commence implementation of the Regional Plan. # i M I The entirety of the Regional Plan can be found in the Jackson County Comprehensive Plan. 2 Greater Bear Creek Valley Regional Plan, Chapter 1, Section 5.3.2 City of Central Point Regional Plan Element Page 2 of 27 CAP072612 Page 22 VAITMMI Sections 3.1 and 3.2 are extracted verbatim frp Urban Reserve Areas discussed in this section can be found in Appendix A, Urban Re- serve Map of this Element. For a detailed description of the selection process, refer to Appendix B, Urban Reserve Selection Process. I MWA k'IVIA,#1 4,14al:W*1 ,I Rapid growth in the early 1990s led to the creation of the Central Point Strategic Plan, adopted in 1998. The plan establishes a vision to preserve the City's small town charac- ter and community values, and to enhance community life. - ulation Allocation. increase is relative to estimated base 2010 population. ljg��INFHIRMHWHR CAP072612 Page 23 Pr w _.rfYj1 't a iardfice joDs anci benchmarks housing, and to provide more immediate services to a growing population. Consistent with in Central Point's comprehensive plan, the current level of 9 to 10 acres of employment land per 1,000 residents will be increased to 15 acres per 1,000 residents. state transportation, warehousing, and distribution firms. Recent development in- cludes the USF Reddawa tru 0 B CAP072612 Page 24 i-'Iff–e-C—ityof Central t1oint shares its eastern and southern boundaries with the City of Medford, precluding growth in those directions. See, Atlas Map 2 Oackson County Comprehensive Plan MILE loprovideforanor eriy and efficient transitionfrom rural to urban land use." W- —j . -U,.. ITian Growr ounaary xm♦�' ■ CAP072612 Page 25 CP-IB 544 441 U 0 CP-213 325 282 C]P-4D 83 52 City of Central Point Regional Plan Element Page 6 of 27 CAP072612 Page 26 K�Ma . ...... ..... CP-6A 444 386 L "kV -TOTAL 1,721 1,492 Central Point currently lacks attractive and suitable sites for new industrial develop- ment. The Tolo area's industrially-zoned sites could accommodate new industries and the expansion of existing industrial uses. The properties in this area are currently planned and zoned for industrial use by Jackson Countv and mai be develo I - - In 2008, Jackson C nt"r"Tme, Ob—" lm� . IMI, CAP072612 Page 27 I C&Cj CAIbLb 11Cd1_ L11C 11ILercnange for the Cross Creek Trucking Company. The Hilton Fuel and Supply Company and North Valley In- dustrial Park are also, with Erickson Air Crane, significant existing employment lands within the CP-113 area. AR E4 CM C (SCENIC ROAD AREA) This study area consists of about 70 acres located near the northwestern corner of Cen- tral Point's corporate city limits and UGB. It extends from Jackson Creek to Griffin Creek, with Scenic Avenue defining its southern edge. ► CAP072612 Page 28 � Page 9 of 27 CAP072612 Page 29 # LL in storm drainage from the exception area south of Wilson Road and from other areas closer to Bear Creek. PUMP (?rotect CP-2B's natural resources by incorporating them into a master plan, and will al- so require agricultural buffers to protect nearby agricultural lands that remain in pro-- duction. CAP072612 Page 30 East Pine Street (CP-3) Water and sewer infrastructure either ex- ists • is ylanned to serve th �_an%2 _T_ke_E?gg Pine Street Transportation Plan includes recommendations for improvements to the 1-5 interchange and reconfiguration of fair- A-146 01206"WAW "I i 0411 141 PRU 4 1 U-1 I I I I • M I OLIMA4110i I I I 1$ 14 Moir. 1 M t.14 A. )r-th Peninger Road. The 100-year floodplain of Bear Creek within this area does not entirely constrain the site but may limit uses to regional parks, open space or tourist commercial uses. Conse- quently, the area is concluded to be, in the balance, suitable under Goal 14 for an Urban Reserve designation. grq-tj M-i j CAP072612 City of Central Point Regional Plan Element Page 12 of 27' CAP072612 Page 32 AREA CP-6B (BEALL LANEAREA) This 188-acre area is located immediately south of CP-6A which, along with Beall La defines its northern boundary. The southern boundary is defined by Sylvia Road, itsl DUMI MMMIUMM CAP072612 Page 33 west boundary is Old Stage Road, and the east boundary is defined by the 100 -year floodplain of Jackson Creek which runs along Hanley Road. Current plan designations are primarilLr Rural Residential, with two develoyed areas that tural. T Citv aprees to comWia IMMM ljg��Mufjmrqj—j M-1 i CAP072612 Page 34 0, 4.1.1. County Adoption. Jackson County shall adopt the Regional Plan in its entire- ty into the County Comprehensive Plan and implementing ordinance. 4.1.2. City Adoption. All participating jurisdictions shall incorporate the portions of the Regional Plan that are applicable to each individual city into that city's comprehensive plan and implementing ordinances, and will reference the Plan as an adopted element of Jackson Countys Comprehensive Plan. 4.1.3. Urban Reserve Management Agreement. Participating jurisdictions desi nating an Urban Reserve Area (URA) shall adopt an Urban Reserve Manage- ment Agreement (URMA) between the individual city and Jackson County pe Oregon Administrative Rule 660-02 1-0050. Adoption shall occur prior to or simultaneously with adoption of the URAs. I 4.1.4. Urban Growth Boundary Management Agreement. If there is an incon- sistency between this Plan and an adopted Urban Growth Boundary Manage- ment Agreement (UGBMA), the city and Jackson County shall adopt a revised UGBMA. When an inconsistency arises, provisions in this Plan and associated URMA shall override the provisions in the UGBMA, until the UGBMA is updat- ed. 4.1.5. Committed Residential Density. Land within a URA and land currently within an Urban Growth Boundary (UGB) but outside of the existing City Limit shall be built, at a minimum, to the following residential densities. This re- quirement can be offset by increasing the residential density in the City Limit. 7.5 CAP072612 Page 35 10M,-EM 1111111������������ 4.1.5.1. Prior to annexation, each city shall establish (or, if they exist already, shall adjust) minimum densities in each of its residential zones such that if all areas build out to the minimum allowed the committed densities shall be met. This shall be made a condition of approval of a UGB amend- -cient. 4.1.7.1. Transportation Infrastructure. The Conceptual Transportation Plan shall identify a general network of regionally significant arterials under local jurisdiction, transit corridors, bike and pedestrian paths, and asso- ciated projects to provide mobility throughout the Region (including intracity and intercity, if applicable). CAP072612 Page 36 through the UGB amendment. '�.1.8.3. Transportation Infrastructure. The Conceptual Land Use Plan shall include the transportation infrastructure required in Section 4.1.7 above. 4.1.8.4. Mixed Use/Pedestrian Friendly Areas. The Conceptual Land Use Plan shall provide sufficient information to demonstrate how the commit- ments of Section 4.1.6 above will be met at full build-out of the area add- ed through the UGB amendment. 4.1.9.1. CP-113. Prior to the expansion of the Central Point Urban Growth Boundary into the CP-1B area, ODOT, Jackson County and Central Poi shall adopt an Interchange Area Management Plan (IAMP) for the Sev Oaks Interchange Area. I 4.1.9.2. CP-4D. Use of CP-4D is predominantly restricted to open space and park land with the exception of an existing one acre homesite. 4.1.9.4. CP-613. Development of the portion of CP-6B designated as employ- ment land is restricted to Institutional uses. CP-113, CP-1C, CP-213, CP-3, CP-4D, CP-6A, CP-6B. Prior to the expan- sion of the Central Point Urban Growth Boundary into any Urban Reserve Area, the City and Jackson County shall adopt an agreement (Area of Mu- tual Planning Concern) for the management of Gibbons/Forest Acres Un- incorporated Containment Boundary. 4.1.10. Agricultural Buffering. Participating jurisdictions designating Urban Reserve Areas shall adopt the Regional Agricultural Buffering program in Vol- ume 2, Appendix III into their Comprehensive Plans as part of the adoption of the Regional Plan. The agricultural buffering standards in Volume 2, Appendix III shall be adopted into their land development codes prior to a UGB amend- ment. ­1 ,e.1.11. Regional Land Preservation Strategies. Participating jurisdictions have the option of implementing the Community Buffer preservation strategies listed in Volume 2, Appendix V of the Regional Plan or other land preservation szm ,� Z,= Z CAP072612 Page 37 4.1.12. Housing Strategies. Participating jurisdictions shall create regional housing strategies that strongly encourage a range of housing types through- out the region within 5 years of acknowledgement of the RPS Plan. 4.1.13. Urban Growth Boundary Amendment. Pursuant to ORS 197.298 and Oregon Administrative Rule 660-021-0060, URAs designated in the Regional Plan are the first priority lands used for a UGB amendment by participating ies. Land outside of a city's URA shall not be added to a UGB unless the general use intended for that land cannot be accommodated on any of the city's URA land or UGB land. 4.1.14. Land Division Restrictions. In addition to the provisions of Oregon Ad- ministrative Rule 660-021-0040, the following apply to lots or parcels which are located within a URA until they are annexed into a city: M�� 3MMM, 4.1.14.2. Development on newly created residentially zoned lots or parcels shall be clustered to ensure efficient future urban development and pub- lic facilities, and this shall be a condition of any land division; 4.1.14.3. Land divisions shall be required to include the pre-platting of future lots or parcels based on recommendations made by the city government to which the urban reserve belongs; 4.1.14.4. Land divisions within a URA shall not be in conflict with the trans- portation infrastructure identified in an adopted Conceptual Transporta- tion Plan; and 4.1.14.5. As a condition of land division approval, a deed declaration shall b m signed and recorded that recognizes public facilities and services will bII limited as appropriate to a rural area and transitioned to urban provide in accordance with the adopted k- 1... 4.1.15. Rural Residential Rule. Until the City of Ashland adopts an Urban Re- serve Area, the minimum lot size for properties within 1 mile of the Urban Growth Boundary of Ashland shall continue to be 10 acres, as outlined in Ore- gon Administrative Rule 660-004-0040(8) (c). City of Central Point Regional Plan Element CAP072612 Page 38 4.1.17. Greater Coordination with the RVMPO. The participating jurisdiction:-5- shall collaborate with the Rogue Valley Metropolitan Organization (RVMPO) to: 4.1.17.1. Prepare the Conceptual Transportation Plans identifi ed in Section 4.1.7. 4.1.17.2. Designate and protect the transportation infrastructure required in the Conceptual Transportation Plans identified in Section ensure adequate transportation connectivity, multimodal use, and minimize right of way costs. 4.1.17.3. Plan and coordinate the regionally significant transportation strate- gies critical to the success of the adopted Regional Plan including the de- velopment of mechanisms to preserve rights-of-way for the transporta- tion infrastructure identified in the Conceptual Transportation Plans; and Establish a means of providing supplemental transportation funding to mitigate impacts arising from future growth, 1. 1 B. Future Coordination with the RVCOG. The participating jurisdictio shall collaborate with the Rogue Valley Council of Governments on future r gional planning that assists the participating jurisdictions in complying wi the Regional Plan performance indicators. This includes cooperation in a r gion-wide conceptual planning process if funding is secured. I Expo. During the first Coordinated Periodic Review process for the Re- gional Plan, Jackson County shall consider including the land occupied by the Jackson County Expo to the City of Central Point's Urban Reserve Area. NME ►* Page 19 of 27 CAP072612 Page 39 - a M t # # # mm� NOMEm � M3=1 CAP072612 Page 40 Page 20 of 27 WAMMAnit, mm� NOMEm � M3=1 CAP072612 Page 40 Page 20 of 27 4.2. INCENTIVES AND DISINCENTIVES ORS 197.656(2)(B)(D) The state requires that participants in an RPS process delineate the factors, mecha- nisms, or outcomes that constitute the most compelling reasons for participants to comply with the Regional Plan over the identified planning horizon. Accordingly, the Participants have agreed to the following: 4.2.1. INCENTIVES 42.1.1. Continued regional cooperation through the 5-year review process and 10-year coordinated periodic review may improve the region's abil- ity to respond to challenges and opportunities more effectively than it does presently. 4.2.1.3. Adherence to the adopted Regional Plan may produce significant r ductions in transportation infrastructure costs by minimizing future right-of-way acquisition costs, encouraging mixed -us e/pedestrian- friendly development, and improving the overall long-range coordinati of transportation and land use planning. I 4.2.1.4. Adherence to the adopted Regional Plan will provide participatin jurisdictions with population allocations that are predictable, transpa ent, and based on the relative strengths of the different participating j risdictions. I 4.2.2. DISINCENTIVES 4.2.2.1. The region's failure to adhere to the adopted Regional Plan may damage its competitive advantage, the attractiveness of w to long-term investment, and southern Oregon's profile in the state. 4.2.2.2. Adherence to the Regional plan may be a rating factor for MPO Transportation Funding. Transportation projects of jurisdictions not ad- hering to the a e dopted Rgional Plan may be assigned a lower priority by the MPO when considered for funding. 312�1=111111 ZMAMM CAP072612 Page 41 4.2.2.3. Jackson County may reconsider the population allocations of juris- dictions signatory to the Agreement not adhering to the adopted Regional Plan. 4.2.2.4. Participating jurisdictions not adhering to the adopted Regional Plan will need to provide corrective measures in order to have a UGB amend- ment approved by the County. 4.2.2.5. The failure of a participating jurisdiction to adhere to the adopted Regional Plan will compromise its ability to implement the concept of thit "Regional Community", and will not provide the participating cities with as wide a latitude in their desired individual mix, concentration, and in- tensity of land uses. .3.2. Coordinated Periodic Review. On a regular basis, beginning in 2022 and every 10 years thereafter the participating jurisdictions in the Regional Plan may, at their discretion, participate in a process of coordinated Periodic Re- view. This process may be initiated by any of the participating jurisdictions but requires agreement between all participants to proceed. CAP072612 Page 42 4.4.1.1. If a Regional Plan Progress Report indicates that a particular city is not meeting the performance measures, the city shall propose correctiv.; measures as an addendum to the Regional Plan Progress Report. The corrective measures shall be approved by the Policy Committee. 4.4.1.2. Cities that choose to expand their UGBs into land not designated as URA will be required to go through the Regional Plan minor or major amendment process prior to or concurrent with any other process. I 4.4.1A A proposal for an UGB amendment will be required to demonstrate how the Regional Plan performance indicators have been met. A UGB amendment will not be approved by the County unless the Regional Plan performance indicators have been met or corrective measures are proposed which demonstrate how the performance indicators will be met. 4.4.1.6. A UGB amendment to add land not designated as a URA shall only be considered through a quasi-judicial application when the land to be added is industrial. NR��� CAP072612 Page 43 4.4.3.1. Minor Amendment. A minor amendment is defined as any request for an amendment to the adopted Regional Plan that does not conflict with the performance indicators and does not propose an addition of more than 50 acres to a city's URA established in the adopted Regional Plan or more than a 50-acre expansion of the UGB into non-URA land. —OW v amendment. CAP072612 Page 44 a 4.4.3.2. Major Amendment. A major amendment is defined as any the definition of a Minor Amendment. If multiple signatory jurisdictions are involved in a single request for a �;&i* r kiJkod I-Awimwi: -S whQog 44 risdictions. 1, 1 N11wier ine proposal and, Ine-l-echnical Advisory Committee recommendation. The Policy Committee shall generate a rec- *mmendation to Jackson County by vote of at least a supermajority of a orum (simple majority plus one). 1111 1 i I # RZERSZ'• r� CAP072612 Page 45 City's Urban Reserve Areas will be regulated in accordance with the URMA. The ap- proved URMA for Central Point's Urban Reserve is presented in Appendix C of this ele- ment. Development within the Tolo Area is currently regulated by an existing Urban Growth Boundary Management Agreement (UGBMA). A review of the current UGBMA finds that there are no inconsistencies between the UGBMA, the Regional Plan, and the URMA. A copy of the UGBMA is presented in Appendix D. NME�'r M CAP072612 Page 47 Urban Growth Boundewir Reekkewilial mixed use Commercial brifuntital Civic and Open Space DUrban RessiveAriews Vary Low Density t t TOD Corridor 0 Neighborhood Corrinewl Light a Parts and Open Sense Future Land Use Low Density 0 TOD District N Community Conomintint •P Cereal ff Cwn, subject to the Regional 10, Medium Density 0 Gansad Crournercial Plan Element and URMA W High Density Central Point ComPrehensive Land Use Plan RMITT ".. um CAP072612 Page 48 A 12LAR's V; I M111f) 19"M 00i KIIII 3101 ONM K1128 M Stu Do into intergovernmental agreements and are required to prepare and adopt Comprehensive Plans consistent with Statewide Planning Goals; and their rights and responsibilities within the Urban Growth Boundary (UGB) and outside the incorporated City boundaries and this Agreement remains in full force and effect; and W rural to an urban character; and WHEREAS ORS 190-003, et seq. requires that an intergovernmental agreement relating to the y.,.aif*AnmY#e_*f fJnoi*:-vmf _ ;. i Cv , shall specify the responsibilities between the parties; Non-resource Land: Land that is not subject to the statewide Goals listed in OAR 660-00 00 1 0(l )(a) through (g) except subsections F47M T Tprenensive F lan text and maps, adoption and amendment of land use regulations, and quasi-judicial li,rocessing of land use actions. through (g) except subsections (c) and (d). CAP072612 Page 49 11 rban Growth Boundary (UGB): The boundary separating urban and urbanizable lands in and adjacent to City from rural lands under County jurisdiction. Urban Growth Boundary Management Agreement (UGBMA): The current agreement boundary. Such agreements may be alternatively referred to as "Urban Growth Management Agreements" "Urban Growth Boundary Agreements" (UGBAs), "Urban Area Management Agreements" (UAMAs) and "Urban Growth Boundary and Policy Agreement (UGBPAs). Urban Reserve (UR): Lands outside of a UGB identified as highest priority (per ORS 197.298) for inclusion in the UGB when additional urbanizable land is needed in accordance with the requirements of Statewide Planning Goal 14. 2. Intent and Purpose of Agreement D. Minimize impacts to property owners, local governments and service providers related-0-t the transition of property from within the Urban Reserve to within the Urban Growth Boundary. 3. Urban Reserve Planning and Zoning declaration acknowledging that existing or proposed development on their CAP072612 Page 50 U public utilities and streets. B. Per OAR 660-021-0040(3), for exception areas and non-resource land in the UR, zone amendments allowing more intensive uses, including higher residential density, than permitted by acknowledged zoning at the time ► execution of this Agreement shall not be permitted. This regulation shall remain in effect until such time as the land is annexed into the City. C. Per OAR 660-021-0040(4), resource land that is included in the UR shall continue to bg planned and zoned under the requirements of applicable Statewide Planning Goals. A. Per OAR 660-021-0050(l), unless otherwise agreed to, designation of the local government responsible for building code administration, enforcement of land use ordinances, and land use regulation in the Urban Reserve shall be: (i) Prior to inclusion within the UGB MEMO", IM am 9�1 Tt. Per OAR 660-021-0050(2), designation of responsibility for the current and future provision of sewer, water, fire protection, parks and recreation, road maintenance and improvements, and stormwater facilities within the UR are described below and shown on the map attached hereto and incorporated herein as "Exhibit L" C. Per OAR 660-021-0050(3), the terms and conditions under which responsibility for the provision of urban faces and services will be transferred or expanded in the UR are described in Section 5, below. D. Per OAR 660-021-0050(4), and to ensure involvement ► affected local governments and special districts, procedures for notification and review of land use actions in the UR to ensure involvement by affected local governments and special districts are as follows: kii) Upon request for comments on a land use action in the UR, City and any other affected local governments and special districts will have an opportunity to recommend approval, recommend approval with conditions, or recommend denial of the land use action. In consideration of City's comments, County will CAP072612 Page 51 UR area from rural to urban land uses. (iii) County staff will incorporate any comments received into the staff report and present them to the initial and final hearings body. Additional comments by City or other affected local governments, or special districts, concerning the land use action will be heard and considered as part of County's land use hearing process. 191 C. F i r e Protection. Jackson County Fire Protection District #3 has primary responsibility fire protection services within the UR and the UGB. City has primary responsibility for fire protection services within the city limits. The attached map (Exhibit 1) depicts the boundaries described above. D. Parks and Recreation. County provides parks and recreation services outside of City's limits (including the UR and UG.B), while City provides these services within City's limits MUMMER= CAP072612 Page 52 road(s) and regardless of when and how the road(s) became county roads. The transfer shall occur without compensation and City shall not impose other conditions that mi,2bt otherwise be allowed under OR 37J.274�4�, Con ensure Me pavemem: conaition ol me road(s) is in good or better condition at the time of the transfer as determined by county's Pavement MnaZement GrWing System. • Grant Road, Beall Lane to 2660'North of Taylor • Scenic Avenue, Hwy •9 to 230' West of Hwy ♦ 9 • Taylor Road, 200' West of Silver Cr. Dr. to Grant Rd North • Upton Road, Peninger Road to 2380'East of Peninger • Wilson Road, Table Rock Road to 480'West For county roads within City's limits or UGB not listed above, City shall not be required to assume jurisdiction as part of this Agreement. (ii) State Highwqys. The Oregon Department of Transportation (ODOT) maintains state highways within the UR. ODOT retains jurisdiction and maintenance responsibilities on all state highways in the UR after inclusion within City's UGB and after annexation by City except where jurisdiction is transferred to City or County by separate agreement. F. Stormwater Management. County provides limited, if any, public stormwater management services within the UR. City provides stormwater management services within the City's limits. Transition of public stormwater management responsibilities from County to City will occur upon annexation by City. The attached map (Exhibit 1) CAP072612 Page 53 —T managemen services until annexation by City. H. 5ervice Expansion Plans. As the future provider of water, sewer, parks and recreation, road maintenance and improvement, and stormwater management services in the UR, City shall prepare and update service expansion plans and these plans shall be consistent with the UGBMA between City and County. These plans shall provide a basis for the extensiR n of services within the UGB and shall be referred to County for comment. 6. Review, Amendment and Termination of this Agreemen) B. Any modifications to this Agreement will be consistent with City and County comprehensive plans and state law. C. Staff from City and County will attempt to informally resolve any disputes regarding the terms, conditions, or meaning of this Agreement. For any disputes not resolved through this informal process, the Council and the 1►0C will meetjointly in an attempt to resolve thR se disputes. Either party may request the services of a mediator to resolve any dispute. D. This Agreement may be terminated by either party subsequent to dissolution of the Urban Reserve. Such termination shall proceed through a properly noticed public hearing process. JACKSON COUNTY BOARD OF COMMISSIONERS CITY OF CENTRAL POINT CITY COU1JCIL CAP072612 Page 54 County Counsel NWAM= CAP072612 Page 55 MUM i CAP072612 Page 56 IlliqIIIIIIIIIIII CAP072612 Page 57 City of Central Point i f , nnnxmc�l= 17.71. URBAN/AGRICULTURAL CONFLICT MITIGATION The regulations in this section apply to urban land in the urban growth boundary that was added from the urban reserve shown in the Regional Plan Element of the Comprehensive Plan. The basis for these regulations can be found in the Greater Bear Creek Valley Regional Problem-Solving Plan (Regional Plan), Volume H, Appen III. I pg�= i - The purpose of these standards is to mitigate the potential for conflict be- tween farming activities and urban uses. These provisions implement a p cy mutually adopted by the City and Jackson County in the Regional Plan. The mitigation provisions of this Section seek to achieve the following objec- tives: duction activities. 2. Minimize the potential for complaints about agricultural practices and activities. 3. Ensure the continued use of agricultural land for a e l us agricultur s. 4. Minimize potential conflict by developing a well-defined boundary between agricultural and urban uses. The best boundary will be one that minimizes conflict in both directiots. 17.71.200 Definitions The following definitions apply only to this Section A. Agricultufail Land Uses. The use of land for the cultivation and husbandry of plant and animal prod- ucts, including agricultural activities permitted on land zoned Exclusive Farm Use (EFU). a. Intensive Use (11. The agricultural lands in this category: H. Support existing or scheduled plantings of long-term crops with a height at maturity exceeding four (4) fei i Are composed of predominately Class IV soils, can demonstrate an unbroken or essentially unbroken 25- year history of agricultural inactivity or grazing use, a which have either of the following: (i) greater than 50014 CAP072612 Page 58 MMMMME�= 1014GA11014141 IKIM 19*16 MR34y IM i livism VINI to VIVIO1 I H. Are composed of greater than 50% of Class VI or poorer soil; or iii. Are outside of an irrigation district's boundary and out- side of areas suitable for future expansion of a district, as determined • the district. V.. Mitigation Area. A management zone of varying size, shape, and characteristics between dif- ferent land uses that uses combinations of mitigation elements to buffer be- tween agricultural land and urban land uses. C. Mitigation Element. A physical or legal feature within a mitigation area that mitigates an adverse impact. A gation element may consist of vegetation, transportation and utility corridors, natural barriers, deed restrictions, or other natural or man- made features. D. Spray 12ri . The airborne movement of agricultural chemicals onto a non-target area. FAMM11 RTZ-17#1 M "t rgm 910�.M W MZM= f. Public or quasi-public use, such as library, park, etc, a. Commercial use, except for any defined as higher- sensitivity urban receptor. NOMMIFE CAP072612 Page 59 City of Central Point Agricultural Buffering Ordinance MUNITIMM A. UrU Drif . A Principally, spray drift is caused by agricultural chemical use, but can apply to urban use of agrochemicals. Separation between urban and agricultural uses is the preferred tool to mitigate the impact of the spray drift, employing either large setbacks or a combination of smaller setbacks and a tree buffer. I). Dust, Smoke, and Ash. Like odor, this grouping of potential adverse impacts is one of the least im- portant agriculture-related issues in the region, and, like odor, can be ad- dressed by the use of a deed declaration. U�iTM' CAP072612 Page 60 11 UE7001«»v§j 4. Mitigation elements established under this Section shall not be re- moved or reduced unless the adjacent EFU land changes to a non- agricultural zoning district. 1. Map showing the zoning of land adjacent and within two hundred (200) feet of the property proposed for urban development. 2. k« 2*ion of the type and nature of agricultural uses and farm- ing practices, if any, which presently occ«< #»a» ent lands zoned EFU and sources of such information. The information thus re- 0-10M CAP072612 Pa9 61 b. Type of existing agricultural product produced or sched- uled plantings within one year of projected development completion date. c. Types of agricultural production and practices for the five preceding years. e. Type of agricultural equipment customarily used on the property. 00 wd A 1 #=M M Z _Mkk IWOMMOPM vation Service (NRCS) concerning soils which occur on adjacent lands zoned EFU, and whether the land has access to water for gation. C. Review Process �AIZJ MO&U a. Whether adjacent agricultural uses are intensive or passive at the time the urban development application is filed and accepted by the City; and CAP072612 Page 62 City of Central Point '01 0 1 W09-Mrn MTFAMMMM, -717 FEW Tn=, trf deny the AIAR and its proposals and conclusions. CAP072612 Page 63 City of Central Point w«<©© in interest of property subject to the covenant. The covenant shall be in a form approved by the City. After the cove- RNM= Measures appro, iiate (ohe TAL_ derta eaXIjlicjnJJ".Iji,�j ken bv th -dllj�4iccuig-z-LviiiuitanainaaverEen ag- 7un"41711 »«<!v<«« LLI a,_ ricultural irrigation runoff. shall be undertaken by the applicant when urban development is pro- posed adjacent to land in passive agricultural use: f. Maintenance Program. A restrictive covenant guaranteeing perpetual maintenance as described in Section 17.71.400(D)(2)(0. g. Runoff. Measures as described in Section 1371.400(D)(2) (9). CAP072612 Page 64 Symbol A Key: 41�� 1 Structure LA Tree buffer (by no. of rows) T;UM=- 44 a — P ........... Passive Use Agricultural Land H .......... H CAP072612 Page 65 City of Central Point City of Central Point Figure 2. Three-Row Tree Buffer TRESPASS,4N H I BITING HEDGE/FENCE E� AGRICULTURAL SIDE-- 17.71.500 Mitigation Standards ;j 11111 11;1�, 1 1111 11111111*11 1 1 MIM"= RM T. 11 1. Figure 1 illustrates the tree buffer/setback combination options for applicants. a. The'tree'symbol illustrates the number of rows required under each option. b Minimum structure setbacks are represented by the 'struc- ture'symbol ranged along a linear scale showing distance from the urban/agricultural boundary. Setbacks apply to any structure. Setbacks do not apply to eaves or similar structural elements. CAP072612 Page 66 ■ City of Central Point MANZa "N #A _0"MIX4 2. Fi�gure I does not required when a tree-based buffer is used and when the tree spe- cies in the first row on the agricultural side will not provide suffi- cient foliage cover to ground level. 131MMERMU.-M I - Intensive use agricultural land P - Passive use agricultural land H - Higher-sensitivity urban recept L - Lower-sensitivity urban recept] 4. The letter pairs "I/H "I/L "P/H", and "P/L" indicates the types of agricultural/urban adjacencies that determine the extent and make-up of the tree buffer and setback elements. The options shown under each adjacency type may be used at the discretion of the applicant. 5. Where there is a mix of urban uses, the buffer design shall protect the most sensitive use among them. 1. Three -Row Buffer (as required for I/H, option 1). Depending on the species used, the minimum possible tree buffer width is 50 feet; the maximum is 100 feet. The buffer shall be composed of at least two different conifer species. 2. Two-Row Buffer (as required for I/L, option 1, and P/H, option 1 Depending on the species used, the minimum possible planted buffer width is approximately 40 feet; the maximum is approxi- mately 65 feet. The buffer shall be composed of at least two diffe ent conifer species, I 3. Row Spacing and Offset. The purpose of the row-by-row offset is t1r, mitigate the effect of individual tree mortality and to compensate for the individual differences between trees, i . Offset: Set off the second row by one third the spacing distance of trees (ST) in the first row; set off the third row by another third. Refer to Figure 2 for clarification. ii. Spacing of Rows: The distance between rows will be de- termined using the following formula, where SR is the spacing distance between rows, Di is the widest foliage diameter of the tree species in one row when it reaches a height of 30 feet, and D2 is the widest foliage diameter CAP072612 Page 67 City of Central Point ral Buffering Ordinance Oft e tree species in the next row when it reaches a height of 30 feet: SR= 0.5( DI + D2)+4 j. Offset: Setoff the second row by half the spacing tance of trees (ST) in the first row. Refer to Figure 3 for clarification. Spacing of Rows: Use the same formula as for Three- row Buffers, above. Table 1. Calculation of tree spacing within rows for narrow- and broad-diameter trees Higher-intensity Buffer Narrow Broad Narrow Broad ST = ST = Sr = ST = single-species row 1.25D LID Lwo-specles row 0.625(DI + D2) 0.55(DI + D2, 0.95D 0.80 D = Typical foliar diameter of a tree species when 30 feet tall. The diameter is measured at the widest extent of a pyramidal conifer. ST = Tree spacing within rows; calculated as a multiple of tree diameter. Note: When planting more than two species in a row, use the two species with the widest diameters to calculate spacing. S. Minimum Tree Height at Planting: 5-6 feet, balled and burlapped. 6. Permitted Tree Species. a. Applicants may use any species of conifer trees provided the tree species is resistant to or will not harbor agricultu ally harmful insects or diseases. I b. A list of recommended species is available in the Regional Plan, Appendix III. UUMEHIZIE CAP072612 Page 68 f F♦ f TRESPASS - INHIBITING HEDGE /FENCE RICULTURALSIDE LU . � . "r 27-MLEOM CAP072612 Page 69 City • Central Poll of tree species. 4. Permitted Screening Shrubs. a. Applicants may use any species of screening shrubs provid- ed they are resistant to or will not harbor agriculturally harmful insects or diseases. b. A list of appropriate species is available in the Regional Plan, Appendix Ill. 71gure 4. Buffer Overlapping for Transition MHOM 75 ft. Lower- In a transition between Intensive and Pas- Intensity sive Use parcels, the Intensive Use buffer Buffer will extend 75 feet adjacent to the Passive use parcel before shifting to a Passive-Use buffer. 75 k E. Trespass-Inhibiting Hedges and Fences 1. Hedges and fences may be used separately or in combination to in- hibit trespass onto agricultural land. 2. Hedge Standards a. Spacing and Number of Rows: one or more rows, whichever is sufficient to create an eight-foot-wide (8') buffer at ma- turity. b. Spacing within Rows: as appropriate to eliminate gap-,, within three (3) years of planting. CAP072612 Page 70 i. No less than five (5) feet if being used solely as a tres- ♦ass inhibitor. d. Permitted Trespass -Inhibiting Species. Applicants may use any species of trespass -inhibiting hedges provided they are resistant to or will not harbor agriculturally harmful insects or diseases. A list of appropriate species is available in the Regional Plan, Appendix Ill. MGM c. Install gates only when necessary for maintenance of the gation area. FWJD� M. a. The agricultural land being protected by a mid-term buffer may eventually be converted to urban uses; therefore, a mid-term buffer may ♦ designed for eventual conversion to urban uses. b. Mid-term buffer design shall be based on the following fac- tors: i. The most likely time period it will remain as a buffel H. The specific use to which the buffer will likely be put to once the agricultural land is urbanized: conversion to housing, • roads, or to recreational use for the commu- nity. c. Alternatively, the applicant may defer development of an appropriate portion of the urbanizing land bordering agri- 10M,Ewmju CAP072612 Page 71 1. A proposed gation design that deviates from the provisions may be approved by the approving authority per the following process. 2. A mitigation design does not deviate when existing elements con- sistent with the purpose of the buffer are incorporated, as de- scribed following: a. For mitigation mithout tree buffers the requirements of ear distance can be achieved by elements such as the fol- lowing: i. Man-made or natural features such as infrastructure rights-of-way, roads, watercourses, wetlands, rock out- crops, forested areas, and steep slopes; ii. Non-farmable areas of the agricultural land being buff- ered (including yards, storage areas, roads, and all structures); jected public use (as determined by the public entity owner); iv. An easement on agricultural land purchased by the ap- plicant; CAP072612 Page 72 v. Other open areas (except undeveloped rural residential, commercial, or industrial parcels) that are considered appropriate to the purpose of the buffer. CAP072612 Page 73 City of Central Point UT-MEWM CAP072612 Page 74 Exhibit "Ell Me 1,214101A i � I'll 41,­111� 111, 1:1 fla "M 1_11A 13WIT11 111,15i 1,11,14" 19, iwz=. 1. Scope and Nature of the Land Use Action 2.Findings of Fact 3.P rocs durat Findings Le al Conclusions 5.Summary Conclusions I -Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 75 11; , =01T_ ey egion I Ian") will be effectuated by the City of Central Point by way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional Problem Solving Agreement and the following: 116�0. III I'M 1111 4 11W SISLOHLWIIIltneuoijar)orative&egtonaf--.tlroble-,in"oviRn to review • Urban Reserve area designations. Statute set forth in ORS 197.652 to 197.656 and pursuant t4O R Chapter 660, Division 25, Section 175 relat r Based upon the evidence received during the public hearing and in the public record, the City of Centra-i Point Planning Commission makes the following findings of fact and reaches the following conclusions. Where factual conflicts arose, the City of Central Point Planning Commission has resolved them consistentwith these findings. Pursuant to Chapter 197 and 227 of the Oregon Revised Statutes, and in conformance with t6�, Statewide Planning Goals, the City of Central Point's Transportation System Plan, Comprehensivq Plan, and Municipal Code (CPMC, Chapter 17, Zoning) have been acknowledged by the Oregon Land Conservation and Development Commission (LCDC). 2. The City of Central Point has amended the Comprehensive Plan since initial adoption ani acknowledgement to satisfy periodic review requirements and to meet the needs of the City through Post-Acknowledgment Plan Amendments from time to time. 2 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP072612 Page 76 4. The Planning Commission finds that a Regional Problem Solving Agreement, entitled "Greater Bear Creek Valley Regional Problem Solving Agreement" (the "Agreement") was signed by the City of Central Point and all Regional Problem Solving participants and appropriate State of Oregon agencies prior to initiating the City of Central Point land use hearings process to consider the Regional Plan and Amendments that are the subject of these findings. The acknowledged City of Central Point Comprehensive Plan contains 9 Elements. Adoption of the Regional Plan would result in the adoption of Volume I of the Regional Plan as a new Element (Element 10) of the City of Central Point Comprehensive Plan. Volumes 2 and 3 of the Regional Plan are to be incorporated as part of the comprehensive plan data base in support of the Regional Plan Element. The Planning Commission finds that Chapter I of the Regional Plan is an appropriate introductory section which establishes the regional planning area, planning horizon, project background, planning process (including citizen involvement and appropriate State agency involvement), identified regional problems, community buffering recommendations, regional land preservation strategies, cegional agricultural buffering standards, and commercial agricultural land base recommendations, 8. The Planning Commission finds that Chapter 3 appropriately explains the requirements and application of the Urban Reserve Rule and the Urban Reserve selection process undertaken by the region. The Planning Commission further concludes that Chapter 3 describes the application of the Urban Reserve Rule in the context of a Regional Plan, which is the subject of a planning project adopted under the Regional Problem Solving Statute. 9. The Planning Commission finds the Chapter 4, and more specifically sub-chapter 4.CP, which applies to the City of Central Point, is based upon appropriate Geographical Information System (GIS) mapping and statistical analysis, background studies, and an analytical approach for the establishment of Urban Reserves, pursuant to OAR 660 Division 2 1. c ­omprenensive Fra—H—RI—ap—Amendment tor the City of Centra9mfoint adopted through the Re ionj Plan establishes and maps the Urban Reserves for the City of Central Point consistent with the Urb Reserves established in the Regional Plan. 3 — Planning Commission Resolution File No. 09017/12013 Regional Plan Element CAP072612 Page 77 Consistent with the above general procedural findings, the Planning Commission finds the procedural requirements of the aforementioned statutes and administrative rule have been met based on the facts presented below. Where procedural issues arose, the Planning Commission has resolved them consistent with these findings. ].The Planning Commission finds that the Regional Plan, as recommended, contains background procedural findings that fairly characterize and describe the process to define theRegional Problems, reach a Regional Problem Solving Agreement between the participants, and the development of a draft regional plan sufficient for proper technical review. The background procedural findings contained therein are herewith incorporated and adopted as the City of Central Point's own. 2.The Planning Commission finds that the Regional Plan, as recommended, is consistent with the framework of the Urban Reserve Rule and incorporates the substantive background findings that support the policy and land use choices made since the inception of RPS. 1, 1. The City of Central Point collaborated in the initial development of an agreement to participate in Regional Problem Solving and signed the agreement as a Participant. Following the signing ♦ the Participants Agreement, the Community Development Director initiated Planning File 09017. The Planning Commission concludes that this planning project is legislative in nature, and is thus exempt from the processing time lines of ORS 227.178. 1.2.The local proceedings were processed in accordance with the adopted and acknowledged procedures for adoption of Type IV legislative text and map amendments to the City of Central Point Comprehensive Plan and legislative map amendments to the Official Zoning Map. The Planning Commission concludes the amendments have been processed consistent with the 4 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 78 1.3.Proper notice was timely provided to DLCD on the appropriate forms for amendmenj submitted in the manner of periodic review and has been processed at the local level consiste with OAR 660-025-0175. 1A.The local proceedings were carried out in accordance with the procedures for Post- Acknowledgement Plan Amendments set forth in ORS 197.610-615 and interpreted in OAR •60, Division 18. UlJWfYF7= - a 17-707Tp7ion ana subsequent submittal ot t Amendments to DLCD in the manner of periodic review. i 2.2.13ased upon its review of the City of Central Point Comprehensive Plan, the Planning Commission concludes that the Regional Plan has implications for other Elements of the ComprehensivePlan. However, the Planning Commission concludes that careful review of the Regional Plan did not yield any direct conflict with any existing Comprehensive Plan Element and therefore no other Element updates are necessarily required to ensure that the Comprehensive Plan remains internally consistent. 2.3.Through this Amendments process, the Planning Commission concludes that the County a the City of Central Point will jointly enter into an Urban Reserve Management Agreeme (URMA). The Planning Commission has reviewed the URMA for the City of Central Poirl and concludes that the URMA satisfies the requirements of OAR 660-021-0050. 2A.The Planning Commission concludes that adoption of the Regional Plan will establish a Comprehensive Plan Map overlay for the Urban Reserves. The Planning Commission further concludes that this overlay will function in the Comprehensive Plan in a manner similar to other Comprehensive Plan overlays. The Planning Commission concludes the Urban Reserves will be applied directly under the Regional Plan during and immediately following acknowledgment review. I IIIII F 11,1111111 11 ORS 197.175 require the City of Central Point to have and maintain a comprehensive land u plan. The Planning Commission concludes the amendments, which are the subject of the findings, are consistent in all ways and carry out these responsibilities. I 5 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 79 The Planning Commission further concludes that these forecasts utilize reasonable and appropriate assumptions to estimate future land needs for the individual cities within the �danning area in the context of a long-range land use plan, such as the Regional Plan. �11141101VVW;14 M1111 ,k"= I I rwgg' Ito I V-J I I Lid I I NVOIJUMA LIZOMMIM-EM111111 EM 3.5.ORS 195.145(l)(a) authorizes local governments to cooperatively establish Urban Resery and based thereupon, the Planning Commission concludes the Regional Plan cooperative establishes such Urban Reserves for the City of Central Point. 11 3.6. The Planning Commission's conclusions herein are consistent with RPS statutes that exist prior to the 2009 legislative session amendments, which are still in effect for collaborati regional solving projects initiated prior to passage of the 2009 law. The Planning Commissi concludes as follows with respect to the RPS statutes: 11 i.ORS 197.652 provides that regional problem solving programs shall be distribut geographically throughout the state and the Planning Commission concludes that t Regional Problem Solving project that is the subject of these findings is the first in t F ortion of the State of Oregon. i iii.ORS 197.656(l) provides that local governments may invite the Department of Land Conservation and Development (DLCD) and other State agencies to participate in the collaborative regional problem solving process and the Planning Commission concludes that DLCD and other appropriate State agencies were invited and did in fac'j participate consistent with that statute. 6 — Planning Commission Resolution File No. 09017"] 2015 Regional Plan Element CAP072612 Page 80 «o1 . I IV, I i. The Planning Commission herewith incorporates and adopts the conclusions of law a consistent with those conclusions, concludes ©- Regional Plan and associated Urb Reserves for the City of Central Point comply with the Statewide Planning Goals. I I NO <— Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Pa9 81 the R► S process for selecting Urban Reserves differed from the Urban Reserve selection process (as outlined in Volume 1, Chapter 3, Section 5.2) but the outcome of the process is consistent, on the NNhole, with the purposes of the statewide planning Vii.ls. 8 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 82 include the Phase I Status Report on Open Space. the Transportation Planning Analysis Unit (TPAU) Modeling Report, the Regional Economic Opportunities Analysis, the Regional Housing Needs Analysis, and the Regional Land Needs Simulator and Population Allocation report. fr The Urban Reserve Rule promotes development of a compact urban forin by requiring that local jurisdictions first consider the suitability of lands adjacent and nearby existing urban growth boundaries for urban reserves, and to prioritize lands for inclusion such that inventoried exception and non-resource lands within the studu area are assi� assigned lowest priority. 9 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 83 establishes practical, effective techniques for buffering tarms from urban uses through -Rdoption by the participants of Regional Agricultural Buffering Standards. Regional Plan Element CAP072612 Page 84 completely removed from any forested area. As mapped in the Atlas, the soils in the vicinity are unrated for forestry and are predominately rated as Class IV for agriculture. Consequently, the parcels were assigned priority (c)(2) for inclusion as Urban Reserve upon a determination of urban land suitability as discussed in the Medford element of Chapter 4 in thePlan. Because there are no designated forest lands within the City of Central Point Urban Reserve Areas the provisions of the Division 21 Urban Reserve Rule for suitability, prioritization, inclusion, and continuation of resource land zoning within an Urban Reserve and Goal 4 do not apply. The City of Central Point's acknowledged Environmental Management Element of the Comprehensive Plan. Protection programs are implemented through the regulations included in the City of Central Point Municipal Code — Section 17.70 (Historic Preservation Overlay Zone). I I - Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP072612 Page 85 distinct communities and have the added benefit of promoting exercise as a public he,flfrria�eer. In conclusion, although Goal 5 is not directly applicable to the adoption of the Regional Plan, the plan embraces preservation of Goal 5 resources for present and future generations and is thereby concluded to be consistent with the requirements of Goal 5. vi.Goal 6: Air, Water and Land Resources Quality. The goal is to "To maintain and improve the quality of the air, water and land resources of the state." Goal 6 requires that all waste and process discharges from future development when combined with discharges from existing developments shall not threaten to violate, or violate applicable state or federal environmental quality statues, rules and standards. L F I A n I e an, an he Aegionat-111an asop applies to the City of Central Point, is compliant with Goal 6 and will serve facilitate a coordinated regional approach to addressing Goal 6 as growth boundari amenK ments are needed in the future. I oal 7: Areas Subject to Natural Hazards. The goal is to protect people a prop 01 erty from natural hazards. The goal requires local go d . vernments to a 12 — Planning Commission Resolution File No. 09017/12012, Regional Plan Element CAP072612 Page 86 comprehensive plans to reduce risk to people and property from natural hazards- , it twil iikral r-4 1,*iw" It is therefore concluded G»»» p the Regional Plan, and the Regional Plan as it applies to the City of Central Point, is compliant with Goal 7 and will serve to facilitate a coordinated regional approach to addressing Goal 7 as growth boundaries amendments are needed in the future. Therefore, it is concluded that the Regional Plan, and the Regional Plan as it appli(M S the ©i of Central Point, provides for the long range recreational needs of region in a manner consistent and in compliance with Goal 8. ix.Goal 9: Economic Development. The goal is to provide adequate opportunities »§o< «- state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The goal requires that comprehensive plans and policies contribute to a stable and healthy economy in all regions of the state. Plans shall be based on inventories of areas suitable for increased economic growth and 13 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP072612 Page 87 Therefore, it is concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies with Goal 9, Because the Regional Plan addresses the situation of a doubling of the region's urban population, shorter term cyclical peaks and troughs in demand are normalized 14 — Planning Commission Resolution File No. 0901712015 Regional Plan Element CAP072612 Page 88 the City of Central Point, provides for the long range housing needs of the region in a manner consistent and in compliance with Goal 10. The Regional Plan does not amend any provisions of the City of Central Point Comprehensive Plan or its implementing ordinances related to sewer service. Guidelines included for Goal I I address Planning and Implementation of the Goal. The Regional Plan includes an analysis of all candidate Urban Reserve areas that evaluates general suitability to accommodate identified long term urban needs in relation to the Goal 14 location factors and the growth policies of the region. Capacity of the regional sewer treatment and transmission facilities, public facifil and service interties between jurisdictions, and transitional agreements wil 15 —Planning Commission Resolution File No. 09017il 2015 Regional Plan Element CAP072612 Page 89 Regional Plan Element CAP072612 Page 90 The R on. Accordingly, it is concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies on the whole with and will serve to furtherpromote Statewide Planning Goal 13. 17 — Planning Commission Resolution File No. 09017/12015 Regional Plan Element CAP072612 Page 91 A. 991," sjll��W Ills VII KA rmnpm 0 F."M It is therefore concluded that the Regional Plan, and the Regional Plan as it applies to the City of Central Point, complies overall with Goal 14. PART &SUMMARY CONCLUSIONS Based on the evidence and arguments included in the record, the Plannin'g Commissixa! romil 1. Proper public notice was given and public hearings were conducted in accordance with State law and acknowledged local regulations, during which members of the public were provided opportunities to present evidence and argument. 2. The amendments proposed through Planning File 09017 are in compliance with and further the City of Central Point Comprehensive Plan by creating a long range plan for regional growth in the Bear Creek Valley and by designating Urban Reserves to protect lands that are suitable for future urbanization from uses and development that may be incompatible with future urban land uses. 3. Adoption of the Comprehensive Plan Land Use Map amendment will ensure the City of Central Point Land Use Plan Map depicts the Urban Reserves established by the planning action in Planning File No. 09017 is consistent with the proposed Plan text amendments. 18 — Planning Commission Resolution File No, 09017/12015 Regional Plan Element CAP072612 Page 92 ATTACHMENT COPY WHEREAS, the City of Central Point has reviewed the adopted Regional Plan and in accordance with the Agreement has prepared the following (the "Amendrnents,l): 1. A Regional Plan Element, incorporating the Regional Plan as a new element oft e City of Central Point Comprehensive plan-, 2. An amendment t o t he Comprehensive Land Use Plan Map to designate the Urban Reserve Areas; 3. An amendment t o t he Central Point Municipal Code, Section 17.71, Agricultural Mitigation; and 4. An Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point; and WHEREAS, on Map 22 -2012 the D,,Qyartment of Lanit* i 59 namMrmM 4N)25-WppffM"t__ a notice regarding the City's consideration of the Regional Plan and proposed Amendments; and WHEREAS, on July 3, 2012 the City of Central Point Planning Conunission held a properly advertised publi hearing; reviewed the Staff Report and findiRps; heard testimomLand comment"aje - the Regional Plan and the proposed Amendments; and U 17 ='em==77757ner p pating cities by art way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional CAP072612 Page 93 Problem Solving Agreement and Urban Reserve Management Agreements, are subn-fitted jointly in the manner ♦ periodic review consistent with the Collaborative Regional Problem Solving Statute set forth in ORS 197,652 to 197.656 and pursuant to OAR Chapter 660, Division 25, Section 175 relating to review of Urban Reserve area designations. D, based on the findings presented in Exhibit "E", that the City of Central Point Planning Commission, by Resolution No. 787 does hereby accept, and forward to the City Council, a recommendation to approve the: 1. Regional Plan Element (Exhibit "A - Amended") as a new element of the City of Central Poi Comprehensive Plan; 3. Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point (Exhibit "C"); and 4. Central Point Municipal Code, Sections 17.71 (Exhibit "D") establishing regulations for agricultural buffering. "M Y the Planning Commission and signed bv we in a- ti-c? 44, rY M wbrr--t --,tt L R, Planning Commission Chair f CAP072612 Page 94 ATTACHMENT " G 11 COPY WHEREAS, on May 22, 2012, ©®D artm : of Land Conseva i A h 'W 4» » <© 1 M- — V*MRF,AS, on July 10, 2012, the City of Central Point Citizens Advisory Committee held a property 9,dvertised public hearing; reviewd the Staff Report and findings; heard testimony and comments, and ¥2 4 «« on approval of the Regional Plan and the proposed Amendments; and WHEREAS, it is acknowledged that the final adoption of the Greater Bear Creek Valley Regional © . will only be effectuated at such time as Jackson County, © City of Central Point, and other participating cities by way of post-acknowledgement plan amendments and intergovernmental agreements, including the Regional CAP072612 Page 95 Problem Solving Agreement and Urban Reserve Management Agreements, are submitted jointly in the manner of periodic review consistent with the Collaborative ReSional Proble"k,*A����- i �.�v IE- to 197.656 and pursuant to OAR Chapter 660, Division 25, Section 175 relating to review of Urban Reserve vxea designations. NOW, THEREFORE, BE IT RESOLVED, based on the findings presented in Exhibit "E", that the City of Central Point Citizens Advisory Committee, by Resolution No. 2012-001 does hereby accept, and forward to the City Council, a recommendation to approve the: I . Regional Plan Element (Exhibit "A") as a new element of the City of Central Point Comprehensive Plan; 2. Comprehensive Land Use Plan Map designating the Urban Reserve Areas (Exhibit "B"); 3 . Urban Reserve Management Agreement between Jackson County and the C i t y o f Central Point (Exhibit "C"); and 4. Central Point Municipal Code, Sections 17.71 (Exhibit "D") establishing regulations for agricultural buffering. PASSED by the Citizens Advisory Committee and signed by me in authentication of its passage this 10th day of July, 2012. Citizens Advisory Committee Chair CAP072612 Page 96 1000 friends of Oregyn 53A SW Third Avenue, Suite 300 - Portland, OR 9720A - (503) A97-1 000 - fax (503) 223-0073 - www.friends.org Southern Oregon Office , PO Box 2AA2 - Grants Pass, OR 97528 * (5AI) 474-1155 - fax (541) 474-9389 Willamette Valley Office - 220 East 1 11h Avenue, Suite 5 , Eugene, OR 97401 * (541) 653-8703 - fax (503) 575-2416 Central Oregon Office * 115 NW Oregon Ave #21 - Bend, OR 97701 * (541) 719-8221 * fax (866) 394-3089 Tom Humphrey, Community Development Director City of Central Point 140 South Third Street Central Point, Oregon 97502 UUTAU109 ATTACHMENT Subject: Adoption of Amendments to the Comprehensive Plan And Zonine Code For Consistengy with Jackson County Regional Problem Solving (RPS) Plan File Nos. 09017 and 12015 The purpose of this letter is to communicate our support for local adoption and state acknowledgement of the RPS Plan.' Following a detailed review of the staff report generated for these proceedings, we also offer some suggestions for minor changes in order to bring the Central Point amendments into full compliance with the County's plan. 11 1 71111 1 SM111101 I I I I 111 111711 111 111 IrIIII III iiiiiiiii I . piipl�p C pvrjec goaj rilena—M-9tregon has taken an active interest in the creation of this regional plan. To that end, I attended nearly every public meeting held by the RPS committees held since November 2002. 1 submitted several rounds of written comments 2 and was a frequent participant in discussions at both the TAC and the Policy Committee meetings. CAP072612 Page 97 July 18, 2012 Page 2 of 4 On behalf of our members and supporters, we have made a substantial commitment to the toward adopting and implementing the plan in the best interests • the residents of Jackson County. 11111111 1111111111 11 ! 11111 wrill I In preparation for these proceedings, we conducted a detailed review of the proposed Regional Plan Element to be added to the Central Point Comprehensive Plan ("Exhibit A" to the staff report prepared for the Planning Commission, pages 10-35 of their packet). Based on that review we recommend the following very minor changes be made to the text: On page 2 of "Exhibit A" to the staff report, in Section I (Introduction), under "Adoption Milestones," the second bullet point notes that on November 23, 2011 the Jackson County Board of Commissioners adopted the Regional Plan. This section should also acknowledge that the Jackson County Board of Commissioners also adopted amendments to the Regional Plan on June 27, 2012. The language in the portions of Section 4 of the Plan Element (entitled "Regional Obligations") that are relevant to Central Point must be included in the Central Point adoption and must match the County's final adopted plan language exactly. It currently does -cot. CAP072612 Page 98 NAMM, UMPM-Tp July 18, 2012 Page 3 of 4 definition of buildable land as those lands with a slope of less than 25 percent, or as consistent with OAR 660-008-0005(2) and other local and state requirements. Although the other changes made during the County's amendment process appear to be captured in the text, we recommend that Staff verify that the language in this section reflects the final text as adopted (and amended) by the County. WIN Element and add it to the Central Point Comprehensive Plan. With the addition of the relatively minor changes noted above, 1000 Friends of Oregon recommends adoption of the Regional Plan Element and Zoning Code Amendments proposed by CAP072612 Page 99 WMIU-BUTIFt" M July 18, 2012 Page 4 of 4 w at that time. cc: Josh LeBombard, DLCD Kelly Madding, Jackson Counj CAP072612 Page 100 At Bob Hart Consulting LLC Land Use Planning and Developmew,. am W 140 S. 17hird Street Central Point. OR 97502 Please include the following testimony in to the record regarding the Greater Bear Creek Vail Regional Plan(Regional Problem Solving). I (I ��rq 41, planning- s in" approach of re a, onal F #7979MMM d v Me UP investment groups, Blackwell LLC and Central Point LLC. The land is 33 acres located adjacent to the newly constructed southerly ramps of the Seven Oaks Interchange. Specific concerns that are addressed in this testimon;j concern regarding -relationship of development patterns, additional factors that have evolved regarding ffighway 140 plans, lack of specific sub area plans, urban service locations and failure to evaluate CAP072612 Page 101 forest goals in the review of the plan. Follol are more pip�1�11111 11111�1111piiiijiiii 11;11111111111111111�illi 111�111111pijji�1111 q 11�1111111�11111111 11111 CAP072612 Page 102 proposed subareas must be considered as part of the adoption of the Plan. While we agree that this process has gone on a long time and nianir would like to see it coupwilki*', it right than to get it donr . du�mrgm st Evans Creek Road * Rogue River. Ore2oTt 975 7 n, (5 CAP072612 Page 104 M, WX M, Mk 140 South Third Strea Central Poi«.22975 K. Mallams 2855 Heritage Road Central Point- NIMMUR (3/26112), and apply y(» «>« » measures developed by the Task Force to ? }d m« urban growth boundary amendments. Require that new young ffirmers © represented », %< task force. CAP072612 Page 105 lw agricul I land could be protected. nm re M= 6, CAP072612 Page 106 I Tj • J 3 CAP072612 Page 108 Central Point City Hall 140 South Third Street Central Point, OR 97502 We ur9,z_1he-(>_ntral "111,1111"11 NV I MINI, I It is encouraging to see this decade-long process near a successful completion. This Regional Plan provides the needed flexibility that will result in more efficient, lower impact growth for the City as its population doubles over the next several decades. We have followed the process over the past few i,,,!ears and believe that a reasona!#,Ie conse4swr0u,?s Nffllmgoj The Plan once a I Ce al Point, OR 97502 UrrV and Sophia Martin 2673 Taylor Road Central Point, OR 97502 Adrian SnyderAfrustee, US Bank Wledman Marital Trust 3817 Grant Road Central Point, OR 97502 CAP072612 Page 109 [Mill I i - A 1=1 TAMWOTILI A I I I a I 11 IT,r1r, 0 = Amendments CAP072612 Page 110 STAFF REPORT To: The Honorable Mayor and City Council From: Kris Allison, Chief of Police SUBJECT: Retention of Property Prior to Resale Date: July 26, 2012 Executive Summary: The City of Central Point currently has a City Ordinance that monitors and regulates the persons or businesses that engage in conducting, managing or carrying on the business of loaning money for himself or for any other person upon personal property, personal security, pawns or pledges, or the business of purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or their assigns at prices agreed upon at or before the time of such purchases. In recent months the Police Department has identified a need in the ordinance to identify a time period for the retention of property prior to resale. A majority of Pawnbrokers and Secondhand Dealers purchase items without the stipulations of a loan agreement that requires retention of the item. Without the retention of sold items to Pawnbrokers and Secondhand Dealers, it makes the discovery of possible stolen items difficult for detection and reuniting property back to potential victims in our community. This Is in no way to penalize legitimate business owners and would only require them to retain the property for 7 business days if the resale is greater than $25.00 or 5 business days if the property is determined to valued $25.00 and under. This allows victims of crimes to file reports with respective police jurisdictions in a reasonable time period and an investigation be initiated. Recommendation: Staff recommends the adoption of an Amendment to Ordinance 5.34 to include the Retention of Property Prior to Resale. CAP072612 Page 111 ORDINANCE NO. AN ORDINANCE ADDING SECTION 5.34.025 TO THE THE CENTRAL POINT MUNICIPAL CODE TO REQUIRE PAWNBROKERS AND SECONDHAND DEALERS TO RETAIN PROPERTY PRIOR TO RESALE Recitals: A. Requiring a retention period for pawned or secondhand goods will allow for more effective monitoring of such goods. B. Words +"r^, ,g are to be deleted and words in bold are added to the municipal code. The people of the City of Central Point do ordain as follows: Section 1. The following Section 5.34.025 is added to the Central Point Municipal Code 5.34.025 Retention of Property Prior to Resale All property for which records are required as provided in Section 5.34.020 shall be retained by the Pawnbroker or Secondhand Dealer at least 7 full business days before disposal if the resale value of the item is greater than $25.00. Items with a resale value of less than $25.00 may be disposed of after five business days provided an adequate item and personal description have been retained. The Pawnbroker or Secondhand Dealer shall maintain the purchased property in substantially the same form as purchased and shall not co- mingle the property in a manner that precludes identification during this five day or seven day holding period. The purchased property shall be retained on the business premises during normal business hours during this holding period so that it can be inspected as provided in this chapter. Passed by the Council and signed by me in authentication of its passage this day of '2012. Mayor Hank Williams ATTEST: City Recorder CAP072612 Page 112 Ordinance /Resolution Public Contracting Rules CAP072612 Page 113 01 ADMINISTRATION DEPARTMENT 140 South P Street • Central Point, OR 97502 • (541) 664-7602 • www.centralpointoregon.gov STAFF REPORT July 261h, 2012 AGENDA ITEM: Public Contracting Rules Update 1. Ordinance Amending Chapter 2.40 of the Central Point Municipal Code (2nd reading). 2. Resolution adopting Public Contracting rules consistent with Oregon Revised Statutes Chapter 279. STAFF SOURCE: Paul Nolte, City Attorney / Chris Clayton, Assistant City Manager BACKGROUND: Substantial changes to Oregon's public contracting rules were instituted this past January. More specifically, chapter 279 of the Oregon Revised Statutes was revised to require public agencies to employ a Qualifications Based Selection (Q.B.S.) methodology when selecting professional consultants (i.e. Architects, Engineers, Planners, Surveyors, etc.). Historically, chapter 2.40 of the Central Point Municipal Code has governed the City's public contracting procedures. However, in an effort to become compliant with the State's recent revisions, staff is proposing the elimination of certain portions of Chapter 2.40 followed by the adoption of a public contracting rules resolution. As the council is aware, adopting these rules and procedures via a resolution, provides both the staff and council with greater flexibility when future revisions become necessary. ORDINANCE AMENDMENT RECITALS: A. Public contracting rules by the city were previously adopted by ordinance and codified in the Central Point Municipal Code Chapter 2.40. Each legislative session the state legislature amends the rules required to be followed by the city and the city is then required to update its rules to conform to legislative changes. B. In addition, the Attorney General is required to modify the Model Rules adopted in compliance with the statutory changes made by the legislature and each change in the Model Rules is required to be followed by the city unless the city opts otherwise. C. Neither state law nor the Model Rules require the city to adopt its public contracting rules by ordinance. It is much more efficient to adopt and update rules by resolution and the code amendments set forth in this ordinance allow the city to adopt and to revise its public contracting rules by resolution. CAP072612 Page 114 RESOLUTION RECITALS: 1. These public contracting rules are authorized by ORS Chapter 279C and Chapter 2.40 of the Central Point Municipal Code (CPMC). These rules were previously set forth in CPMC Chapter 2.40 which was recently revised to permit these rules to be adopted by resolution. ATTACHMENTS: 1. Ordinance Amending Sections of Central Point Municipal Code Chapter 2.40. 2. Resolution Adopting Public Contracting Rules RECOMMENDATION: Staff is recommending the approval of both the proposed ordinance amendments (2nd reading) and public contracting rules resolution. Ket ur n t o Agenda CAP072612 Page 115 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2.40.020, 2.40.040 and 2.40.050 OF THE CENTRAL POINT MUNICIPAL CODE TO PROVIDE FOR THE ADOPTION OF PUBLIC CONTRACTING RULES BY RESOLUTION; TO SIMPLIFY THE EXISTING PUBLIC CONTRACTING CHAPTER AND TO COORDINATE THE PUBLIC CONTRACTING RULES WITH RECENT LEGISLATIVE CHANGES Recitals: A. Public contracting rules by the city were previously adopted by ordinance and codified in Central Point Municipal Code Chapter 2.40. Each legislative session the state legislature amends the rules required to be followed by the city and the city is then required to update its rules to conform to legislative changes. B. In addition, the Attorney General is required to modify the Model Rules adopted in compliance with the statutory changes made by the legislature and each change in the Model Rules is required to be followed by the city unless the city opts otherwise. C. Neither state law nor the Model Rules require the city to adopt its public contracting rules by ordinance. It is much more efficient to adopt and update rules by resolution and the code amendments set forth in this ordinance allow the city to adopt and to revise its public contracting rules by resolution. D. Words 1i.9_ +"r^, ,g 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 2.40.020 of the Central Point Municipal Code is amended to read: Application of public contracting rules. In accordance with ORS 279A.025, the city of Central Point's public contracting rules aRGI thxF egGR P 1"'i^ G^ntFaG � G-Ade-do not apply to the fGIlGWiRg classes of contracts listed in that section. CAP072612 Page 116 CAP072612 Page 117 Section 2. Section 2.40.040 of the Central Point Municipal Code is amended to read: Public contracts - -Model rules. The model rules adopted by the attorney general under ORS 279A.065 (Model Rules) are adopted as the public contracting rules for the city of Central Point, to the extent that the model rules do not conflict with the provisions of this chapter or any public contracting rules in ^I, irdinn °r,,, ��°vArram@Atls t ki -Fils Gha^pt@r; aRGI f6lFth8F nrnVird °r! that ` p r� G1°crn,iicinrc of Rgi demin -An�riterinn fnr ce��n (Ord 1872 (part), 'C)�or any public crvrn- n-raiT i-r rrvri -rvr� '- '— � °�- a-- r °�- z -�ar�� contracting rules adopted by resolution of the council. Section 3. Section 2.40.050 of the Central Point Municipal Code is amended to read: Public contracts -- Authority of purchasing agent. A. General Authority. The city °d-mi no. ct rate r gEggn r manager shall be the purchasing agent for the city of Central Point and is hereby authorized to issue all solicitations and to award all city of Central Point contracts for which the contract price does not exceed nn° hi pd..red fifty the sapd. dellarc nn° h, inrdred fifty $150,000. Subject to the provisions of this chapter, the purchasing agent may adopt and amend all solicitation materials, contracts and forms required or permitted to be adopted by contracting agencies under the Oregon Public Contracting Code or otherwise convenient for the city of Central Point's contracting needs. The purchasing agent shall hear all solicitation and award protests. 191 CAP072612 Page 118 B. Delegation of Purchasing Agent's Authority. Any of the responsibilities or authorities of the purchasing agent under this chapter may be delegated and subdelegated by written directive. 9- C. Mandatory Review of Rules. Whenever the Oregon State Legislative Assembly enacts laws that cause the attorney general to modify its model rules, the purchasing agent shall review the public contracting rules, other than the model rules, and recommend to the city council any modifications required to ensure compliance with statutory changes. (Ord. 1872 (part), 2006). Section 4. Sections 2.40.060, 2.40.070. 2.40.080, 2.40.090, 2.40.100, 2.40.110, 2.40.120 and 2.40.130 of the Central Point Municipal Code are deleted. a- E, CAP072612 Page 119 ..f .. CAP072612 Page 120 CAP072612 Page 121 CAP072612 Page 122 CAP072612 Page 123 ■.. CAP072612 Page 124 I[o7 CAP072612 Page 125 ._ Ml 11 CAP072612 Page 126 12 CAP072612 Page 127 ■.. .. 13 CAP072612 Page 128 14 CAP072612 Page 129 A-& 15 CAP072612 Page 130 i[:1 CAP072612 Page 131 I 1 9-1 I reiss w- i[:1 CAP072612 Page 131 17 CAP072612 Page 132 iRl CAP072612 Page 133 i&7 CAP072612 Page 134 i �.. ■ KTII CAP072612 Page 135 ■ .. 4.r.TJMZVB" 2% 21 CAP072612 Page 136 ■.. 21 CAP072612 Page 136 ..� .. WA CAP072612 Page 137 .. ..� .. WA CAP072612 Page 137 091 CAP072612 Page 138 Viz! CAP072612 Page 139 w CAP072612 Page 140 ■.. Kz.1 CAP072612 Page 141 WA CAP072612 Page 142 KRI CAP072612 Page 143 0001 CAP072612 Page 144 ter We coy ef QW21 ■.. 0001 CAP072612 Page 144 9181 CAP072612 Page 145 ■.. .. 31 CAP072612 Page 146 K3► CAP072612 Page 147 991 CAP072612 Page 148 011! CAP072612 Page 149 ie i-- e- e e - 011! CAP072612 Page 149 Kul CAP072612 Page 150 K-1 CAP072612 Page 151 ON CAP072612 Page 152 INVArzal.� RIM F.4 NFITIMMMIMENAMM 1.4 - -- -.. -. - - -- - - - - - - --- ._ 0 *1 CAP072612 Page 153 ■ .. ■.. SIMON .. e me= e '- -� ■.. -11 ._ MTS K6%7 CAP072612 Page 154 e- 011 MR. I mormi"MMM --=. mel iffil IN' e e - - I ._ MTS K6%7 CAP072612 Page 154 Passed by the Council and signed by me in authentication of its passage this day of , 20 Mayor Hank Williams ATTEST: City Recorder Ket ur n t o Agenda ![i7 CAP072612 Page 155 RESOLUTION NO. A RESOLUTION ADOPTING PUBLIC CONTRACTING RULES Recitals: These public contracting rules are authorized by ORS Chapter 279C and Chapter 2.40 of the Central Point Municipal Code (CPMC). These rules were previously set forth in CPMC Chapter 2.40 which was recently revised to permit these rules to be adopted by resolution. The City of Central Point resolves: Rule 1. Definitions. For the purpose of, these rules the following definitions apply: Capitalized terms used in these rules have the meaning set forth in the Model Rules and if not defined there, the meaning set forth in ORS Chapter 279A. The following terms have the meaning given below: "Concession agreement" means a contract that authorizes and requires a private entity or individual to promote or sell, for its own business purposes, specified types of goods or services from real property owned or managed by the city of Central Point, and under which the concessionaire makes payments to the city of Central Point based, at least in part, on the concessionaire's revenues or sales. The term "concession agreement" does not include a mere rental agreement, license or lease for the use of premises. "Contract review board" or "local contract review board" means the city council. "Debarment" means a declaration by the purchasing agent under ORS 279B.130 or 279C.440 that prohibits a potential contractor from competing for the city of Central Point's public contracts for a prescribed period of time. "Disposal" means any arrangement for the transfer of property by the city of Central Point under which the city of Central Point relinquishes ownership. "Informal solicitation" means a solicitation made in accordance with the city of Central Point's public contracting rules to a limited number of potential contractors, in which the solicitation agent attempts to obtain at least three written quotes or proposals. "Model Rules" means the public contracting rules adopted by the attorney general under ORS 279A.065. "Oregon Public Contracting Code" means ORS Chapters 279A, 279B and 279C. Resolution No. (072612) CAP072612 Page 156 "Proposal" means a binding offer to provide goods, services or public improvements with the understanding that acceptance will depend on the evaluation of factors other than, or in addition to, price. A proposal may be made in response to a request for proposals or under an informal solicitation. "Personal services contract" means a contract with an independent contractor predominantly for services that require special training or certification; skill; technical, creative, professional or communication skills or talents; unique and specialized knowledge; or the exercise of judgment skills, and for which the quality of the service depends on attributes that are unique to the service provider. Such services include, but are not limited to, the services of architects, engineers, land surveyors, attorneys, auditors and other licensed professionals, artists, designers, computer programmers, performers, consultants and property managers. The purchasing agent shall have discretion to determine whether additional types of services not specifically mentioned in this paragraph fit within the definition of personal services. "Solicitation" means an invitation to one or more potential contractors to submit a bid, proposal, quote, statement of qualifications or letter of interest to the city of Central Point with respect to a proposed project, procurement or other contracting opportunity. The word "solicitation" also refers to the process by which the city of Central Point requests, receives and evaluates potential contractors and awards public contracts. "Solicitation agent" means, with respect to a particular solicitation, the city manager or person designated by the city manager to conduct the solicitation and make an award. "Solicitation documents" means all informational materials issued by the city of Central Point for a solicitation, including, but not limited to, advertisements, instructions, submission requirements and schedules, award criteria, contract terms and specifications, and all laws, regulations and documents incorporated by reference. "Standards of responsibility" means the qualifications of eligibility for award of a public contract. An offeror meets the standards of responsibility if the offeror has: 1. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to indicate the capability of the offeror to meet all contractual responsibilities; 2. A satisfactory record of performance. The solicitation agent shall document the record of performance of an offeror if the solicitation agent finds the offeror to be not responsible under this definition; Resolution No. (072612) CAP072612 Page 157 3. A satisfactory record of integrity. The solicitation agent shall document the record of integrity of an offeror if the solicitation agent finds the offeror to be not responsible under this definition; 4. Qualified legally to contract with the city of Central Point; 5. Supplied all necessary information in connection with the inquiry concerning responsibility. If an offeror fails to promptly supply information requested by the solicitation agent concerning responsibility, the solicitation agent shall base the determination of responsibility upon any available information or may find the offeror nonresponsible; and 6. Not been debarred by the city of Central Point, and, in the case of public improvement contracts, has not been listed by the construction contractors board as a contractor who is not qualified to hold a public improvement contract. "Surplus property" means personal property owned by the city of Central Point which is no longer needed for use by the department to which such property has been assigned. (Ord. 1872 (part), 2006). Rule 2. Public contracts -- Process for approval of special solicitation methods and exemptions. A. Authority of the City Council. In its capacity as contract review board for the city of Central Point, the city council, upon its own initiative or upon request of the purchasing agent, may create special selection, evaluation and award procedures for, or may exempt from competition, the award of a specific contract or class of contracts as provided in this section. B. Basis for Approval. The approval of a special solicitation method or exemption from competition must be based upon a record before the city council that contains the following: 1. The nature of the contract or class of contracts for which the special solicitation or exemption is requested; 2. The estimated contract price or cost of the project, if relevant; 3. Findings to support the substantial cost savings, enhancement in quality or performance or other public benefit anticipated by the proposed selection method or exemption from competitive solicitation; 4. Findings to support the reason that approval of the request would be unlikely to encourage favoritism or diminish competition for the public contract or class of public contracts, or would otherwise substantially Resolution No. (072612) CAP072612 Page 158 promote the public interest in a manner that could not practicably be realized by complying with the solicitation requirements that would otherwise be applicable under these regulations; 5. A description of the proposed alternative contracting methods to be employed; and 6. The estimated date by which it would be necessary to let the contract(s). In making a determination regarding a special selection method, the city council may consider the type, cost, amount of the contract or class of contracts, number of persons available to make offers, and such other factors as it may deem appropriate. C. Hearing. 1. The city of Central Point shall approve the special solicitation or exemption after a public hearing before the city council following notice by publication in at least one newspaper of general circulation in the city of Central Point area. 2. At the public hearing, the city of Central Point shall offer an opportunity for any interested party to appear and present comment. 3. The city council will consider the findings and may approve the exemption as proposed or as modified by the city council after providing an opportunity for public comment. D. Special Requirements for Public Improvement Contracts. 1. Notification of the public hearing for exemption of a public improvement contract, or class of public improvement contracts, shall be published in a trade newspaper of general statewide circulation at least fourteen days prior to the hearing. 2. The notice shall state that the public hearing is for the purpose of taking comments on the city of Central Point's draft findings for an exemption from the standard solicitation method. At the time of the notice, copies of the draft findings shall be made available to the public. E. Commencement of Solicitation Prior to Approval. A solicitation may be issued prior to the approval of a special exemption under this section; provided, that the closing of the solicitation may not be earlier than five days after the date of the hearing at which the city council approves the exemption. If the city council fails to approve a requested exemption, or requires the use of a solicitation procedure other than the procedures described in the issued solicitation documents, the issued solicitation may either be modified by addendum or cancelled. (Ord. 1872 (part), 2006). Resolution No. (072612) CAP072612 Page 159 Rule 3. Public contracts -- Solicitation methods for classes of contracts. The following classes of public contracts and the method(s) that are approved for the award of each of the classes are hereby established by the city council. A. Purchases from Nonprofit Agencies for Disabled Individuals. The city of Central Point shall give a preference to goods, services and public improvements available from qualified nonprofit agencies for disabled individuals in accordance with the provisions of ORS 279.835 through 279.850. B. Public Improvement Contracts. 1. Any Public Improvement. Unless otherwise provided in these regulations or approved for a special exemption, public improvement contracts in any amount may be issued under an invitation to bid. 2. Nontransportation Public Improvements up to $100,000. Public improvement contracts other than contracts for a highway, bridge or other transportation project for which the estimated contract price does not exceed $100,000 may be awarded using an informal solicitation for quotes. 3. Transportation Public Improvements up to $50,000. Contracts for which the estimated contract price does not exceed $50,000 for highways, bridges or other transportation projects may be awarded using an informal solicitation for quotes. 4. City of Central Point - Funded Privately Constructed Public Improvements. The City of Central Point may contribute funding to a privately constructed public improvement project without subjecting the project to competitive solicitation requirements if all of the following conditions are met with respect to the entire public improvement project: a. The City of Central Point's contribution to the project may not exceed 25% of the total cost of the project; b. The city of Central Point must comply with all applicable laws concerning the reporting of the project to the Bureau of Labor and Industries as a public works project; c. The general contractor for the project must agree in writing to comply with all applicable laws concerning reporting and payment of prevailing wages for the project; d. The funds contributed to the project may not provide a pecuniary benefit to the owner of the development for which the project is Resolution No. (072612) CAP072612 Page 160 being constructed, other than benefits that are shared by all members of the community; e. The performance of the general contractor and the payment of labor for the project must be secured by performance and payment bonds or other cash equivalent security that is acceptable to the purchasing agent to protect the city of Central Point against defective performance and claims for payment; and f. The contract for construction of the project must be amended, as necessary, to require the general contractor to maintain adequate workers' compensation and liability insurance and to protect and provide indemnification to the city of Central Point for all claims for payment, injury or property damage arising from or related to the construction of the project. C. Personal Services Contracts. Except as otherwise provided in these regulation, personal services contracts may be awarded in the same manner as contracts for services under ORS 2796.050 and 2796.060 through 2796.085. 1. Any Personal Services Contract. Personal services contracts in any amount may be awarded under a publicly advertised request for competitive sealed proposals. 2. Personal Service Contracts Not Exceeding $150,000. Contracts for personal services for which the estimated contract price does not exceed $150,000 may be awarded using an informal solicitation for proposals. 3. Seventy -Five Thousand Dollar Award from Qualified Pool. Contracts for personal services for which the estimated contract price does not exceed $75,000 may be awarded by direct appointment without competition from a qualified pool. 4. Personal Service Contracts Not Exceeding $20,000 per Year. Contracts for which the solicitation agent estimates that payments will not exceed $20,000 in any fiscal year or $150,000 over the full term, including optional renewals, may be awarded under any method deemed in the city of Central Point's best interest by the solicitation agent, including by direct appointment. 5. Personal Service Contracts for Continuation of Work. Contracts of not more than $150,000 for the continuation of work by a contractor who performed preliminary studies, analysis or planning for the work under a prior contract may be awarded without competition if the prior contract was awarded under a competitive process and the solicitation agent determines that use of the original contractor will significantly reduce the costs of, or risks associated with, the work. Resolution No. (072612) CAP072612 Page 161 D. Hybrid Contracts. The following classes of contracts include elements of construction of public improvements as well as personal services and may be awarded under a request for proposals, unless exempt from competitive solicitation. 1. Design /Build and CM /GC Contracts. Contracts for the construction of public improvements using a design /build or construction manager /general contractor construction method shall be awarded under a request for proposals. The determination to construct a project using a design /build or construction manager /general contractor construction method must be approved by the city council or designee, upon application of the solicitation agent, in which the solicitation agent submits facts that support a finding that the construction of the improvement under the proposed method is likely to result in cost savings, higher quality, reduced errors, or other benefits to the city of Central Point. 2. Energy Savings Performance Contracts. Unless the contract qualifies for award under another classification in this section, contractors for energy savings performance contracts shall be selected under a request for proposals in accordance with the city of Central Point's public contracting rules. E. Contracts for Goods and Services. 1. Any Procurement. The procurement of goods or services, or goods and services, in any amount may be made under either an invitation to bid or a request for proposals. 2. Procurements up to $150,000. The procurement of goods or services, or goods and services, for which the estimated contract price does not exceed $150,000 may be made under an informal solicitation for either quotes or proposals. F. Contracts Subject to Award at Solicitation Agent's Discretion. The following classes of contracts may be awarded in any manner which the solicitation agent deems appropriate to the city of Central Point's needs, including by direct appointment or purchase. Except where otherwise provided, the solicitation agent shall make a record of the method of award. 1. Advertising. Contracts for the placing of notice or advertisements in any medium. 2. Amendments. Contract amendments shall not be considered to be separate contracts if made in accordance with the public contracting rules. 3. Animals. Contracts for the purchase of animals. Resolution No. (072612) CAP072612 Page 162 4. Contracts up to $5,000. Contracts of any type for which the contract price does not exceed $5,000 without a record of the method of award. 5. Copyrighted Materials -- Library Materials. Contracts for the acquisition of materials entitled to copyright, including, but not limited to, works of art and design, literature and music, or materials, even if not entitled to copyright, purchased for use as library lending materials. 6. Equipment Repair. Contracts for equipment repair or overhauling, provided the service or parts required are unknown and the cost cannot be determined without extensive preliminary dismantling or testing. 7. Government - Regulated Items. Contracts for the purchase of items for which prices or selection of suppliers are regulated by a governmental authority. 8. Insurance. Insurance and service contracts as provided for under ORS 414.115, 414.125, 414.135 and 414.145. 9. Nonowned Property. Contracts or arrangements for the sale or other disposal of abandoned property or other personal property not owned by the city of Central Point. 10. Sole Source Contracts. Contracts for goods or services which are available from a single source may be awarded without competition. 11. Specialty Goods for Resale. Contracts for the purchase of specialty goods by the city of Central Point for resale to consumers. 12. Sponsor Agreements. Sponsorship agreements under which the City of Central Point receives a gift or donation in exchange for recognition of the donor. 13. Structures. Contracts for the disposal of structures located on City of Central Point -owned property. 14. Renewals. Contracts that are being renewed in accordance with their terms are not considered to be newly issued contracts and are not subject to competitive procurement procedures. 15. Temporary Extensions or Renewals. Contracts for a single period of one year or less, for the temporary extension or renewal of an expiring and nonrenewable, or recently expired, contract, other than a contract for public improvements. 16. Temporary Use of City of Central Point -Owned Property. The City of Resolution No. (072612) CAP072612 Page 163 Central Point may negotiate and enter into a license, permit or other contract for the temporary use of city of Central Point -owned property without using a competitive selection process if: a. The contract results from an unsolicited proposal to the City of Central Point based on the unique attributes of the property or the unique needs of the proposer; b. The proposed use of the property is consistent with the City of Central Point's use of the property and the public interest; and c. The City of Central Point reserves the right to terminate the contract without penalty, in the event that the city of Central Point determines that the contract is no longer consistent with the city of Central Point's present or planned use of the property or the public interest. 17. Used Property. A solicitation agent, for procurements up to $20,000, and the purchasing agent, for procurements in excess of $20,000, may contract for the purchase of used property by negotiation if such property is suitable for the City of Central Point's needs and can be purchased for a lower cost than substantially similar new property. For this purpose the cost of used property shall be based upon the life -cycle cost of the property over the period for which the property will be used by the city of Central Point. The purchasing agent shall record the findings that support the purchase. 18. Utilities. Contracts for the purchase of steam, power, heat, water, telecommunications services, and other utilities. G. Contracts Required by Emergency Circumstances. 1. In general. When an official with authority to enter into a contract on behalf of the City of Central Point determines that immediate execution of a contract within the official's authority is necessary to prevent substantial damage or injury to persons or property, the official may execute the contract without competitive selection and award or city council approval, but, where time permits, the official shall attempt to use competitive price and quality evaluation before selecting an emergency contractor. 2. Reporting. An official who enters into an emergency contract shall, as soon as possible, in light of the emergency circumstances: (a) document the nature of the emergency, the method used for selection of the particular contractor and the reason why the selection method was deemed in the best interest of the city of Central Point and the public; and (b) notify the city council of the facts and circumstances surrounding the emergency execution of the contract. Resolution No. (072612) CAP072612 Page 164 3. Emergency Public Improvement Contracts. A public improvement contract may only be awarded under emergency circumstances if the city council has made a written declaration of emergency. Any public improvement contract award under emergency conditions must be awarded within sixty days following the declaration of an emergency unless the city council grants an extension of the emergency period. Where the time delay needed to obtain a payment or performance bond for the contract could result in injury or substantial property damage, the city council may waive the requirement for all or a portion of required performance and payment bonds. H. Federal Purchasing Programs. Goods and services may be purchased without competitive procedures under a local government purchasing program administered by the United States General Services Administration (GSA). I. Cooperative Procurement Contracts. Cooperative procurements may be made without competitive solicitation as provided in the Oregon Public Contracting Code. J. Surplus Property. 1. General Methods. Surplus property may be disposed of by any of the following methods upon a determination by the solicitation agent that the method of disposal is in the best interest of the city of Central Point. Factors that may be considered by the solicitation agent include costs of sale, administrative costs, and public benefits to the city of Central Point. The solicitation agent shall maintain a record of the reason for the disposal method selected and the manner of disposal, including the name of the person to whom the surplus property was transferred. a. Governments. Without competition, by transfer or sale to another city of Central Point department or public agency. b. Auction. By publicly advertised auction to the highest bidder. c. Bids. By publicly advertised invitation to bid. d. Liquidation Sale. By liquidation sale using a commercially recognized third -party liquidator selected in accordance with rules for the award of personal services contracts. e. Fixed Price Sale. The solicitation agent may establish a selling price based upon an independent appraisal or published schedule of values generally accepted by the insurance industry, schedule and advertise a sale date, and sell to the first buyer meeting the sales terms. Resolution No. (072612) CAP072612 Page 165 f. Trade -In. By trade -in, in conjunction with acquisition of other price -based items under a competitive solicitation. The solicitation shall require the offer to state the total value assigned to the surplus property to be traded. g. Donation. By donation to any organization operating within or providing a service to residents of the city of Central Point which is recognized by the Internal Revenue Service as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. 2. Disposal of Property with Minimal Value. Surplus property which has a value of less than $500, or, for which the costs of sale are likely to exceed sale proceeds, may be disposed of by any means determined to be cost effective, including by disposal as waste. The official making the disposal shall make a record of the value of the item and the manner of disposal. 3. Personal -Use Items. An item (or indivisible set) of specialized and personal use, other than police officers' handguns, with a current value of less than $100 may be sold to the employee or retired or terminated employee for whose use it was purchased. These items may be sold for fair market value without bid and by a process deemed most efficient by the purchasing agent. 4. Police Officers' Handguns. Upon honorable retirement from service with the city of Central Point, a police officer may purchase the handgun that she or he was using at the time of retirement. The purchase price shall be the fair market value of the handgun as determined by an independent appraisal performed by a qualified weapons appraiser. An officer electing to exercise this option shall notify the city of Central Point at least thirty days prior to his or her expected retirement date and request an appraisal of the handgun. Upon receipt of the appraisal fee from the officer the city of Central Point shall arrange for the appraisal. A copy of the completed appraisal shall be provided to the officer, who shall have up to thirty days from the date of retirement to purchase the handgun for the appraised fair market value. 5. Restriction on Sale to City of Central Point Employees. City of Central Point employees shall not be restricted from competing, as members of the public, for the purchase of publicly sold surplus property, but shall not be permitted to offer to purchase property to be sold to the first qualifying bidder until at least three days after the first date on which notice of the sale is first publicly advertised. 6. Conveyance to Purchaser. Upon the consummation of a sale of surplus personal property, the city of Central Point shall make, execute Resolution No. (072612) CAP072612 Page 166 and deliver a bill of sale signed on behalf of the city of Central Point, conveying the property in question to the purchaser and delivering possession, or the right to take possession, of the property to the purchaser. K. Concession Aareements. 1. General. No part of a concession agreement shall contain or constitute a waiver of any generally applicable rules, code provisions or requirements of the city of Central Point concerning regulation, registration, licensing, inspection, or permit requirements for any construction, rental or business activity. 2. Classes of Contracts Eligible for Award without Competition. The following concession agreements may be awarded by any method deemed appropriate by the solicitation agent, including, without limitation, by direct appointment, private negotiation, from a qualified pool, or using a competitive process. a. Contracts under $5,000. Contracts under which the solicitation agent estimates that receipts by the city of Central Point will not exceed 5,000 in any fiscal year and $50,000 in the aggregate. b. Single -Event Concessions. Concessions to sell or promote food, beverages, merchandise or services at a single public event shall be awarded based on any method determined by the purchasing agent to provide a fair opportunity to all persons desiring to operate a concession, but in which the promotion of the public interest and success of the event shall be of predominant importance. 3. Competitive Award. Concession agreements solicited by the city of Central Point for the use of designated public premises for a term greater than a single event shall be awarded as follows: a. Small Concessions. For concession agreements for which the concessionaire's projected annual gross revenues are estimated to be $500,000 or less, the purchasing agent has discretion to use either an informal solicitation or formal request for proposals process applicable to contracts for personal services. If the proposals received indicate a probability that the concessionaire's annual gross revenues will exceed $500,000, the solicitation agent may, but shall not be required to, reissue the solicitation as a request for proposals. b. Major Concessions. Concession agreements for which the concessionaire's projected annual gross revenues under the contract are estimated to exceed $500,000 annually shall be Resolution No. (072612) CAP072612 Page 167 awarded using a request for proposals. (Ord. 1872 (part), 2006). 4. Public contracts -- Informal solicitation procedures. The city of Central Point may use the following procedure for informal solicitations in lieu of the procedures set forth in the model rules. a. Informally Solicited Quotes and Proposals. i. Solicitation of Offers. When authorized by these regulations, an informal solicitation may be made by general or limited advertisement to a certain group of vendors, by direct inquiry to persons selected by the solicitation agent or in any other manner which the solicitation agent deems suitable for obtaining competitive quotes or proposals. The solicitation agent shall deliver or otherwise make available to potential offerors a written scope of work, a description of how quotes or proposals are to be submitted and a description of the criteria for award. ii. Award. The solicitation agent shall attempt to obtain a minimum of three written quotes or proposals before making an award. If the award is made solely on the basis of price, the solicitation agent shall award the contract to the responsible offeror that submits the lowest responsive quote. If the award is based on criteria other than, or in addition to, price, the solicitation agent shall award the contract to the responsible offeror that will best serve the interest of the city of Central Point, based on the criteria for award. iii. Records. A written record of all persons solicited and offers received shall be maintained. If three offers cannot be obtained, a lesser number will suffice; provided, that a written record is made of the effort to obtain the quotes. b. Qualified Pools. i. General. To create a qualified pool, the purchasing agent may invite prospective contractors to submit their qualifications to the city of Central Point for inclusion as participants in a pool of contractors qualified to provide certain types of goods, services, or projects, including personal services and public improvements. ii. Advertisement. The invitation to participate in a qualified pool shall be advertised in the manner provided for advertisements of invitations to bid and requests for proposals by publication in at least one newspaper of Resolution No. (072612) CAP072612 Page 168 general statewide circulation. If qualification will be for a term that exceeds one year or allows open entry on a continuous basis, the invitation to participate in the pool must be republished at least once per year and shall be posted at the city of Central Point's main office and on its website. iii. Contents of Solicitation. Requests for participation in a qualified pool shall describe the scope of goods or services or projects for which the pool will be maintained and the minimum qualifications for participation in the pool, which may include, but shall not be limited to, qualifications related to financial stability, contracts with manufacturers or distributors, certification as an emerging small business, insurance, licensure, education, training, experience and demonstrated skills of key personnel, access to equipment, and other relevant qualifications that are important to the contracting needs of the city of Central Point. iv. Contract. The operation of each qualified pool may be governed by the provisions of a pool contract to which the city of Central Point and all pool participants are parties. The contract shall contain all terms required by the city of Central Point, including, without limitation, terms related to price, performance, business registration or licensure, continuing education, insurance, and requirements for the submission, on an annual or other periodic basis, of evidence of continuing qualification. The qualified pool contract shall describe the selection procedures that the city of Central Point may use to issue contract job orders. The selection procedures shall be objective and open to all pool participants and afford all participants the opportunity to compete for or receive job awards. Unless expressly provided in the contract, participation in a qualified pool will not entitle a participant to the award of any city of Central Point contract. v. Use of Qualified Pools. Subject to the provisions of these regulations concerning methods of solicitation for classes of contracts, the city council shall award all contracts for goods or services of the type for which a qualified pool is created from among the pool's participants, unless the city council determines that the best interests of the city of Central Point require solicitation by public advertisement, in which case, pool participants shall be notified of the solicitation and invited to submit competitive proposals. vi. Amendment and Termination. The purchasing agent Resolution No. (072612) CAP072612 Page 169 may discontinue a qualified pool at any time, or may change the requirements for eligibility as a participant in the pool at any time, by giving notice to all participants in the qualified pool. vii. Protest of Failure to Qualify. The purchasing agent shall notify any applicant who fails to qualify for participation in a pool that it may appeal a qualified pool decision to the city council in the manner described in Rule 7. Rule 4. Public contracts - -Use of brand name specifications for public improvements. A. In General. Specifications for contracts shall not expressly or implicitly require any product by one brand name or mark, nor the product of one particular manufacturer or seller, except for the following reasons: 1. It is unlikely that such exemption will encourage favoritism in the awarding of public improvement contracts or substantially diminish competition for public improvement contracts; or 2. The specification of a product by brand name or mark, or the product of a particular manufacturer or seller, would result in substantial cost savings to the city of Central Point; or 3. There is only one manufacturer or seller of the product of the quality required; or 4. Efficient utilization of existing equipment, systems or supplies requires the acquisition of compatible equipment or supplies. B. Authority of Purchasing Agent. The city council shall have authority to determine whether an exemption for the use of a specific brand name specification should be granted by recording findings that support the exemption based on the provisions of subsection A of this section. C. Brand Name or Equivalent. Nothing in this section prohibits the city of Central Point from using a "brand name or equivalent" specification, from specifying one or more comparable products as examples of the quality, performance, functionality or other characteristics of the product needed by the city of Central Point, or from establishing a qualified product list. (Ord. 1872 (part), 2006). Rule 5. Public contracts - -Bid, performance and payment bonds. A. Solicitation Agent May Require Bonds. The solicitation agent may require bid security and a good and sufficient performance and payment bond even though Resolution No. (072612) CAP072612 Page 170 the contract is of a class that is exempt from the requirement. B. Bid Security. Except as otherwise exempted, the solicitations for all contracts that include the construction of a public improvement and for which the estimated contract price will exceed $75,000 shall require bid security. Bid security for a request for proposal may be based on the city of Central Point's estimated contract price. C. Performance Bonds. 1. General. Except as provided in these regulations, all public contracts are exempt from the requirement for the furnishing of a performance bond. 2. Contracts Involving Public Improvements. Prior to executing a contract for more than $50,000 that includes the construction of a public improvement, House Bill 2214 is changing the law to only require bid and performance bonds for contracts with a value estimated by the contracting agency of more than $50,000. Contractor must deliver a performance bond in an amount equal to the full contract price conditioned on the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. The performance bond must be solely for the protection of the city of Central Point and any public agency that is providing funding for the project for which the contract was awarded. 3. Cash -in -Lieu. The purchasing agent or city of Central Point may permit the successful offeror to submit a cashier's check or certified check in lieu of all or a portion of the required performance bond. D. Payment Bonds. 1. General. Except as provided in these regulations, all public contracts are exempt from the requirement for the furnishing of a payment bond. 2. Contracts Involving Public Improvements. Prior to executing a contract for more than $50,000 that includes the construction of a public improvement, the contractor must deliver a payment bond equal to the full contract price, solely for the protection of claimants under ORS 279C.600. E. Design /Build Contracts. If the public improvement contract is with a single person to provide both design and construction of a public improvement, the obligation of the performance bond for the faithful performance of the contract must also be for the preparation and completion of the design and related services covered under the contract. Notwithstanding when a cause of action, claim or demand accrues or arises, the surety is not liable after final completion of the contract, or longer if provided for in the contract, for damages of any nature, economic or otherwise, and including corrective work, attributable to the Resolution No. (072612) CAP072612 Page 171 design aspect of a design -build project, or for the costs of design revisions needed to implement corrective work. F. Construction Manager /General Contractor Contracts. If the public improvement contract is with a single person to provide construction manager and general contractor services, in which a guaranteed maximum price may be established by an amendment authorizing construction period services following preconstruction period services, the contractor shall provide the bonds required by subsection A of this section upon execution of an amendment establishing the guaranteed maximum price. The city of Central Point shall also require the contractor to provide bonds equal to the value of construction services authorized by any early work amendment in advance of the guaranteed maximum price amendment. Such bonds must be provided before construction starts. G. Surety -- Obligation. Each performance bond and each payment bond must be executed solely by a surety company or companies holding a certificate of authority to transact surety business in Oregon. The bonds may not constitute the surety obligation of an individual or individuals. The performance and payment bonds must be payable to the city of Central Point or to the public agency or agencies for whose benefit the bond is issued, as specified in the solicitation documents, and shall be in a form approved by the purchasing agent. H. Emergencies. In cases of emergency, or when the interest or property of the city of Central Point probably would suffer material injury by delay or other cause, the requirement of furnishing a good and sufficient performance bond and a good and sufficient payment bond for the faithful performance of any public improvement contract may be excused, if a declaration of such emergency is made in accordance with the provisions of Section 2.40.080(G), unless the city council requires otherwise. (Ord. 1872 (part), 2006). Rule 6. Public contracts -- Electronic advertisement of public contracts. In lieu of publication in a newspaper of general circulation in the city of Central Point metropolitan area, the advertisement for an invitation to bid or request for proposals may be published electronically by posting on the city of Central Point's website; provided, that the following conditions are met: A. The placement of the advertisement is on a location within the website that is maintained on a regular basis for the posting of information concerning solicitations for projects of the type for which the invitation to bid or request for proposals is issued; and B. The solicitation agent determines that the use of electronic publication will be at least as effective in encouraging meaningful competition as publication in a newspaper of general circulation in the city of Central Point metropolitan area and will provide cost savings for the city of Central Point, or that the use of electronic publication will be more effective than publication in a newspaper of Resolution No. (072612) CAP072612 Page 172 general circulation in the city of Central Point metropolitan area in encouraging meaningful competition. (Ord. 1872 (part), 2006). Rule 7. Appeal of debarment or prequalification decision. A. Right to Hearing. Any person who has been debarred from competing for city of Central Point contracts or for whom prequalification has been denied, revoked or revised may appeal the city of Central Point's decision to the city council as provided in this section. B. Filing of Appeal. The person must file a written notice of appeal with the city of Central Point's purchasing agent within three business days after the prospective contractor's receipt of notice of the determination of debarment, or denial of prequalification. C. Notification of City Council. Immediately upon receipt of such notice of appeal, the purchasing agent shall notify the city council of the appeal. The model rules discuss electronic advertisement vaguely. D. Hearing. The procedure for appeal from a debarment or denial, revocation or revision of prequalification shall be as follows: 1. Promptly upon receipt of notice of appeal, the city of Central Point shall notify the appellant of the time and place of the hearing; 2. The city council shall conduct the hearing and decide the appeal within thirty days after receiving notice of the appeal from the purchasing agent; 3. At the hearing, the city council shall consider de novo the notice of debarment, or the notice of denial, revocation or revision of requalification, the standards of responsibility, upon which the decision on prequalification was based, or the reasons listed for debarment, and any evidence provided by the parties. E. Decision. The city council shall set forth in writing the reasons for the decision. F. Costs. The city council may allocate the city council's costs for the hearing between the appellant and the city of Central Point. The allocation shall be based upon facts found by the city council and stated in the city council's decision that, in the city council's opinion, warrant such allocation of costs. If the city council does not allocate costs, the costs shall be paid by the appellant, if the decision is upheld, or by the city of Central Point, if the decision is overturned. G. Judicial Review. The decision of the city council may be reviewed only upon a petition in the circuit court of Jackson County filed within fifteen days after the date of the city council's decision. Resolution No. (072612) CAP072612 Page 173 Rule 8. Qualification Based Selection (QBS). A. Consultants for Related Services as defined in ORS 279C.100 (8) are to be selected utilizing the procedures for personal services under Rule 3.C. B. Notwithstanding the Model Rule in OAR 137 - 048 -210, the informal selection process for QBS services may be used in those instances where the final contract exceeds $250,000 if the initial estimate was not greater than $250,000 and the estimate was made in good faith. C. Notwithstanding the Model Rule in OAR 137 - 048 - 210(2) (a), a minimum of five consultants is not required for distribution of an RFP. The minimum number of consultants shall be determined by the Solicitation agent. D. Where proposals have been submitted for QBS work and negotiations with all selected candidates are formally terminated under ORS 279C.110, negotiations may be re- opened with such candidates. Passed by the Council and signed by me in authentication of its passage this day of '2012. Mayor Hank Williams ATTEST: City Recorder Resolution No. (072612) CAP072612 Page 174 Resolution X 1 1 1 � 1 i'' CAP072612 Page 175 To: Mayor & Council From: Bev Adams, Finance Director Date: July 26, 2012 Subject: Supplemental budget 2012/13 ( #1) Background: The City of Central Point has agreed to assist in the administration of a $100,000 Water Conservation Grant issued by the Oregon Water Resources Department to the Medford Water Commission and the Cities of Central Point, Eagle Point, Jacksonville, Talent & Phoenix. The above agencies have banded together to form TAC, which is the Southern Oregon Municipal Water Conservation Workgroup's "Technical Advisory Committee" for the purpose of selecting a team of consultants to provide professional services to evaluate and define water conservation strategies that could reduce water demands and thereby delaying the need for costly infrastructure expansion or water right acquisitions. In accordance with Oregon budget law (ORS 294.480), when funds are made available by another unit of federal, state, or local government and the funds were not known for certain at the time the budget was prepared, we may add the appropriation by supplement budget. And because the grant amount is less than 10% of the General Fund's adopted expenditure total, it can be adopted by resolution and does not require a public hearing. The City of Central Point's staff involvement (in addition to our representation noted above) will be to receive grant funds and prepare disbursements as needed. Recommendation: That Mayor and Council approve the attached resolution appropriating a supplemental budget for fiscal year 2012/13 as presented. CAP072612 Page 176 Resolution No. A RESOLUTION TO APPROVE A SUPPLEMENTAL BUDGET FOR THE 2012/13 FISCAL YEAR RECITALS: A. The State of Oregon Water Resources Department has issued a grant to the Medford Water Commission and the Cities of Central Point, Eagle Point, Jacksonville, Talent & Phoenix in the amount of $100,000. B. This grant is for the purpose of selecting a team of consultants to provide professional services to evaluate and define water conservation strategies that could reduce water demands and thereby delaying the need for costly infrastructure expansion or water right acquisitions. C. The City of Central Point staff has offered their services in grant administration. With this assistance, the City of Central Point will provide "in- kind" services required by the grant agreement. The City of Central Point resolves as follows: To amend the 2012113 budget in accordance with ORS. 294.480. As such, the budget changes will appear as follows: Section 1. General Fund Revenue - State Grant ( #10 -00 -00 -4330) Expenditure — State Grant ( #10 -90 -37 -6432) Total Revised General Fund Revenue $100,000 $10.588.702 Expense $100,000 $10.588.702 Passed by the Council and signed by me in authentication of its passage this 26th day of July, 2012. Mayor Hank Williams ATTEST: City Recorder Ket ur n t o Agenda CAP072612 Page 177 Business LIMA i 1 ' 1 1 CAP072612 Page 178 AkParks & Public Works Department Matt Samitore, Director CENTRAL 140 South 3 Id Street I Central Point, OR 97502 1 541.664.7602 1 www.centralpointoregon.gov POINT STAFF REPORT AGENDA ITEM: Battle of the Bones Final Report 2012 STAFF SOURCE: Matt Samitore, Director SUMMARY: July 20, 2012 Battle of the Bones 2012 was a story of weather. Weather for the first time ever with this event caused major problems because of cooler temperatures and two nights, Friday and Saturday, that had steady rain and a large thunderstorm. Once the rain started the crowds stopped coming into the event and sales plummeted. Sales of craft beer were down 42% overall and sales of Saturday BBQ were down 28% based upon the preliminary numbers. On a positive note, the response we received from the general public was overwhelmingly positive. We had visitors from 10 states, had one of the largest Sunday events we have ever had and sold more wine tickets, even with the weather, than we had in any previous year. The free kid zone was once again, very successful and received a lot of positive response. The event grossed $76,000, but had expenses of $84,000, for an approximate loss of $8,000. If the weather had been relatively normal and if we had status quo of sales the event would have made significant money this year. City personnel are still the largest single expense. Even though we had a lot more volunteers we still had quite a few city people there that accounted to $22,000 in employee costs. Though these costs are budgeted for as part of our department overtime budgets, we still count them against the event, as they are part of the true costs of administering the event. As we continue to build on our volunteer staff we hope to continue to reduce the city personnel costs. That being said there will always be a staff cost as there is a core group of city personnel that are needed to be at the event to ensure smooth event operations. In looking at planning for B.O.B. 2013 we are looking at how to work with the sanctioning body more to get more BBQ teams into the event as well as looking at layout, sales, and specific items associated with the craft beer and wine that can be improved upon. Staff would like any feedback from Council or other community members on how to improve upon the event for next year. Ket ur n t o Agenda CAP072612 Page 179