HomeMy WebLinkAboutCAP102413CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City Hall
October 24, 2013
541 - 664 -3321
City Council
Next Res. 1381
Mayor
Next Ord. 1980
Hank Williams
VII. ITEMS REMOVED FROM CONSENT AGENDA
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
III. ROLL CALL
Ward III
Resolution No. Approving a Jackson County
Ellie George
IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment
Ward IV
on items that are not on the agenda.
Allen Broderick
Library Special District and Consenting to the Inclusion
Finance
V. SPECIAL PRESENTATION
At Large
Bev Adams Director
David Douglas
the District (Clayton)
Rick Samuelson
A. Fire District No. 3 Quarterly Update
VI. CONSENTAGENDA
Page 2 - 7 A.
Approval of October 10, 2013 Council Minutes
Administration
8 B.
Approval of Meeting Cancellations
Chris Clayton, City
Manager
Deanna Casey, City
VII. ITEMS REMOVED FROM CONSENT AGENDA
Recorder
VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Community
Development
Tom Humphrey,
10-17 A.
Resolution No. Approving a Jackson County
Director
Board Order to Initiate Formation of a Jackson County
Library Special District and Consenting to the Inclusion
Finance
of Central Point City Territory within the Boundaries of
Bev Adams Director
the District (Clayton)
Human Resources
Barb Robson, Director
19 -24 B.
Resolution No. Adopting the Central Point
Parks and Public
Stormwater Master Plan (Samitore)
Works
Matt Samitore,
26 -33 C.
Second Reading - Ordinance No. Amending
Director
Sections of 12.36 Trees of the Central Point Municipal
Jennifer Boardman,
Code (Samitore)
Manager
Police
IX. BUSINESS
Kris Allison Chief
35-42 A. Rogue Disposal & Recycling Ann ua l Rate Adjustment (Clayton)
44 -59 B. Discussion regarding HB 3460 and possible revisions to Central Point
Municipal Code (Clayton)
X. MAYOR'S REPORT
XI. CITY MANAGER'S REPORT
XII. COUNCIL REPORTS
XIII. DEPARTMENT REPORTS
XIV. EXECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an
executive session are not for publication or broadcast.
XV. ADJOURNMENT
Consent Agenda
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CITY OF CENTRAL POINT
City Council Meeting Minutes
October 10, 2013
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, Rick
Samuelson, and Ellie George were present. Kelly Geiger
was absent. David Douglas arrived at 7:30 p.m.
City Manager Chris Clayton; City Attorney Sydnee Dreyer;
Captain Brain Day; Finance Director Bev Adams; Human
Resource Director Barb Robson; Parks and Public Works
Director Matt Samitore; and City Recorder Deanna Casey
were also present.
IV. PUBLIC APPEARANCES - None
V. SPECIAL PRESENTATIONS
A. League of Oregon Cities Award to Volunteers in Police Service
Program
Mayor Williams presented the Central Point Police Department with the Good
Governance Award presented by the League of Oregon Cities. This award is in
recognition of the VIPS program and all that has been accomplished by them and
their leader Bobbie Pomeroy. These volunteers have been a 'force multiplier"
through their daily presence and during major city -wide events.
B. Oregon Association of Municipal Recorders Award for City Recorder
of the Year
Mayor Williams presented Deanna Casey with the Oregon Association of
Municipal Recorders award for City Recorder of the Year. She was nominated by
the Mayor and Council for her dedication and positive attitude and always
keeping the Council in compliance with state laws. She is a mentor to other City
Recorders and an active member in community events.
V. CONSENT AGENDA
A. Approval of September 12, 2013 City Council Minutes
B. Park Commission Report
C. Approval of Street Closure on December 7, 2013 for Community
Christmas
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Allen Broderick made a motion to approve the Consent Agenda as
presented. Rick Samuelson seconded. Roll call: Mayor Williams, yes; Allen
Broderick, yes; Bruce Dingier, yes; Ellie George, yes; and Rick Samuelson, yes.
Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Ordinance No. 1979, Amending the Central Point Municipal Code to
Revise 9.92.010 Regarding Discharge of Weapons and Delete
Sections 9.68.040 and 9.90.010 as Necessary for Consistency with
State Law and for Internal Consistency.
Police Captain Brian Day explained that this is the second reading of an
Ordinance clarifying language in the Municipal Code regarding discharge of
weapons within the city of Central Point. Two sections are being deleted because
they are covered under Oregon Statute.
Allen Broderick made a motion to approve Ordinance No. 1979, Amending
the Central Point Municipal Code to revise 9.92.010 Regarding Discharge of
Weapons and Delete Sections 9.68.040 and 9.90.010 as Necessary for
Consistency with State Law and for Internal Consistency. Rick Samuelson
seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingier,
yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved.
B. First Reading — An Ordinance Amending Sections of 12.36 Trees of
the Central Point Municipal Code
Parks and Public Works Director Matt Samitore explained that city staff have
been working on updating the Municipal Code which aims to establish and
maintain the maximum amount of tree cover on public and private lands in the
City; provide tree lined streets throughout the city; select, situate and maintain
trees appropriately to minimize hazard, nuisance and maintenance
costs. By updating the Municipal Code we hope to enhance the appearance of
the city and promote a diverse, healthy, and sustainable community.
He explained that tree regulations will apply in some way to all trees planted in
the city if they will have any effect on city right of ways; infrastructure or property.
The recommended changes will address tree removal /replacement; hazardous
trees; and nuisance trees. The proposed changes broaden the criteria for tree
removal by providing language that will allow removal of nuisance trees. There
are additional changes recommended by the City Arborist to clarify issues related
to tree maintenance and protection.
There was discussion regarding types of trees which are not recommended. The
list will include bamboo. The Planning Commission will hear any appeals to
issues regarding trees, but the City Council is always allowed to review a
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Planning Commission decision. The recommended City Street Tree Guide will
cover items relating to street trees or trees on city owned property.
Mayor Williams opened the discussion up to the Public. No one came forward.
Bruce Dingier made a motion to move to second reading An Ordinance
Amending Sections of 12.36 Trees of the Central Point Municipal Code. Rick
Samuelson seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Brace
Dingier, yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved.
C. Resolution Adopting a Revised City Street Tree Guide
Mr. Samitore stated that the current guide was created in 2003 and is in need of
an update. The new guide provides for a variety of upgrades, including graphics
on planting, definitions of trees that are best suited for our area, as well as in-
depth information about the trees and how big they will get at full maturity. The
guide is easily useable and provides for great functionality for residents and city
staff.
The recommended guide has been before the Planning Commission and was
recommended for approval. He did recommend removing the flowering plum
tree, and crab apple trees from the approved street tree list. He is unsure why
they are still in the guide. It was suggested that the Mimosa tree should also be
reviewed and not allowed as a street tree.
There was discussion regarding other items that the council would like to see
removed or added to the guide. Mr. Samitore stated that the Council could
approve the proposed resolution with recommended changes or return the guide
to the Planning Commission and have them review the changes discussed
tonight.
Bruce Dingier made a motion to return this item to the Planning
Commission to review the recommended changes regarding approved
trees. Ellie George seconded. Roll call: Mayor Williams, yes; Allen Broderick,
yes; Bruce Dingler, yes; Ellie George, yes; and Rick Samuelson, yes. Motion
approved.
VIII. BUSINESS
A. Preliminary 2013 Year End Financial Statement
Finance Director Bev Adams presented the unaudited financial statement ending
June 30, 2013. She explained that the city is currently in the middle of the audit
process. However, she is fairly certain that all material adjustments have been
made and there will be no major changes to the final numbers. She explained the
highlights of the financial statement.
David Douglas Arrived at 7:30 pm
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There was discussion regarding the carry over fund and that we were within the
guidelines set by Council. The auditors reviewed several items regarding the
retirements payoffs prior to the July 1" date and have instructed us that those
funds must come out of the 2012/2013 budget year. This was not how staff had
planned to pay for those retirements. There will be an explanation in the budget
message for next year so that it is explained for future review of the budget and
why those funds were taken out.
There was an update on building permits that have been issued since July 1,
2013. We are excited about the prospect of economic growth.
B. Planning Commission Report
City Manager Chris Clayton presented the October 1, 2013 Planning
Commission report:
• The Commission approved a Conditional Use Permit to modify an existing
communication tower by relocating it on the Oregon State Police property in
an Employment Commercial Zone. The approval allows an existing
communication tower to be moved to a new location on the site without
changing its height. The Commission determined the proposed modification
would create a better buffer between the existing tower and surrounding
properties. They also determined the proposal met the requirements of the
city, the FAA, and the Oregon Department of Aviation.
• The Commission reviewed and recommended approval of the proposed
Street Tree Guide presented by Public Works and Parks Department. The
Guide encourages choices of trees that will promote species diversity,
minimize damage to public infrastructure and be compatible with existing
plantings.
• There was general discussion regarding the status of the Twin Creeks
TOD Master Plan including its current build out, the timeline for the new Rail
Crossing and changes to the FEMA Flood Insurance Rate Maps. The
discussion included grant options, ASANTE's interest in developing, and
prospects for bringing the master plan to a conclusion.
C. Approval for Donation of UTV to School District No. 6
Parks and Public Works Director Matt Samitore explained the city has replaced a
Utility Task Vehicle that was used by the water crew for meter reading and small
maintenance jobs around the city. The City will keep one of the older UTV's for
patrol by the police on the Greenway as well as small painting jobs by the Street
Crew. The school District has asked for the surplus UTV for baseball and softball
in -field maintenance as well as other maintenance related items that are currently
being done by larger in- efficient vehicles. The school district is aware of the age
and maintenance history regarding this specific UTV.
Rick Samuelson made a motion to declare the Bobcat 2100 Utility Vehicle
Unit #3200 as surplus and donate it to School District No. 6. Allen Broderick
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seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingier,
yes; Ellie George, yes; and Rick Samuelson, yes. Motion approved.
IX. MAYOR'S REPORT
Mayor Williams reported that he
• Attended the Medford Water Commission. He is working on a testimony to
present at their public hearing for SDC increases.
• Attended the League of Oregon Cities Conference in Portland. He and Mr.
Clayton met with the state water commissioner regarding MWC issues and
water rights. He attended an ethics training regarding Technical Policies.
Several Cities discussed the issue of holding Public Meetings with some
members on Phone Conference calls. He is not in favor of this practice.
• Attended the RVACT meeting in Grants Pass. Central Point did well in
regards to grant funding.
• Participated in the Mayor's United Dinner in support of ACCESS.
• Will be hosting a Mayor's lunch in Central Point at the end of the month.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• He attended the RVACT meeting with the Mayor. COOT has recommended
approvak of grant money to Central Point for the Rail Crossing. They have
recommended more than originally expected. Another recommendation was
to award grant money to the Table Rock Road project which will be a joint
project between the County, Central Point, and City of Medford.
• He was in attendance at the LOC meeting to discuss MWC issues with the
State Water Commissioner.
• He and Mr. Humphrey initiated communication efforts between the Rogue
Creamery and the trailer park. The Creamery is very interested in purchasing
that property.
• The County Commissioners will be attending the October 24" meeting to
propose the library ballot measure.
• Bill Gallagher will be conducting a color chart training for some new
employees, if any council members would like to take the training please
contact HR Director Barb Robson.
• He has been in contact with Mr. and Mrs. Synard regarding their property.
Negotiations are still in the works for the property purchase.
XI. COUNCIL REPORTS
Council Member Allen Broderick reported that
• he is very impressed with the new Community Service Officer Derrek Moore.
He has been pleasant to work with on several issues and is quick to get
responses from the offending citizens.
• He attended a Parks and Recreation Commission meeting. They are talking
about allowing vendors in parks, dog parks and the possibility of the City
taking over the White City Pool.
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He is still interested in Staff organizing a bus ride to all city facilities and
would like to invite city committee members to join us.
Council Member Rick Samuelson reported that he has heard good things about
the recent Boot Camp for local businesses. The Police Department has done a
good job getting Dan and Joyce's Tires cleaned up once again.
Council Member David Douglas reported that he attended the Chamber Greeters
last week. The Central Point Chamber is also hosting a leadership training in the
Council Chambers once a month if anyone is interested in attending.
XII. DEPARTMENT REPORTS
Police Captain Brian Day updated the Council on staff graduating from the Police
Academy.
XIII. EXECUTIVE SESSION — ORS 192.660 (2)(h) Legal Counsel
Allen Broderick made a motion to adjourn to Executive Session under ORS
192.660 (2)(h) to receive legal counsel. Rick Samuelson seconded. All said
"aye" and the meeting was adjourned to executive session at 8:20 p.m.
Council returned to regular session at 9:03 p.m. No action was taken.
XIV. ADJOURNMENT
Bruce Dingler moved to adjourn, Rick Samuelson seconded, all said "aye' and
the Council Meeting was adjourned at 9:05 p.m.
The foregoing minutes of the October 10, 2013, Council meeting were approved by the
City Council at its meeting of October 24, 2013.
111171url
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
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CENTRAL City of Central Point
POINT Staff Report to Council
ISSUE SUMMARY
MEETING DATE: October 24, 2013
STAFF MEMBER: Deanna Casey
SUBJECT: Cancellation November 28th and
December 26`" City Council Meetin s. DEPARTMENT: Administration
ACTION REQUIRED: RECOMMENDATION:
_Motion X Approval
_Public Hearin 0
_Ordinance 1yReading ❑NonelFonvarded
_Ordinance 2" Reading ❑Not applicable
_Resolution
_Information /Direction
X_Consent Agenda Item Comments:
Other
STAFF RECOMMENDATION:
Due to holidays in November and December the second monthly meeting of the Council is usually
cancelled or moved. The second meeting in November falls on Thanksgiving Day, the second
meeting in December falls during the week of Christmas when many people are visiting relatives or
on vacation.
Staff feels that all business can be completed in two meetings over November and December. If
business items come up that require immediate action the Mayor has authority to notice a meeting
to take care any items that cannot wait till the next scheduled meeting.
There are currently no Study Sessions scheduled for November or December.
Staff recommends cancellation of the November 28r" and December 26'h City Council
meetings.
Return to Agenda
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CENTRAL City of Central Point
POINT Staff Report to Council
ISSUE SUMMARY
MEETING DATE: October 24, 2013
STAFF MEMBER: Deanna Casey
SUBJECT: Cancellation November 28th and
December 26`" City Council Meetin s. DEPARTMENT: Administration
ACTION REQUIRED: RECOMMENDATION:
_Motion X Approval
_Public Hearin 0
_Ordinance 1yReading ❑NonelFonvarded
_Ordinance 2" Reading ❑Not applicable
_Resolution
_Information /Direction
X_Consent Agenda Item Comments:
Other
STAFF RECOMMENDATION:
Due to holidays in November and December the second monthly meeting of the Council is usually
cancelled or moved. The second meeting in November falls on Thanksgiving Day, the second
meeting in December falls during the week of Christmas when many people are visiting relatives or
on vacation.
Staff feels that all business can be completed in two meetings over November and December. If
business items come up that require immediate action the Mayor has authority to notice a meeting
to take care any items that cannot wait till the next scheduled meeting.
There are currently no Study Sessions scheduled for November or December.
Staff recommends cancellation of the November 28r" and December 26'h City Council
meetings.
Return to Agenda
Resolution
Approving a JC Board
Order initiating the
Formation of JC
Library District
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A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (541) 664 -3321 www.centralpointoregon.gov
STAFF REPORT
October 24th, 2013
AGENDA ITEM: A resolution of the Central Point City Council approving a Jackson
County Order to initiate the formation of a Jackson County Library Special District and
consenting to the inclusion of Central Point territory within the boundaries of the
district.
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND:
The Jackson County Board of Commissioners has initiated the formation of a Jackson County
Library Special District to support the continual operation of all branch libraries currently
operating within the county. The library special district could only be created and
implemented with Jackson County voter approval. The Board of Commissioners is requesting
that each city council approve a resolution including their jurisdiction in the proposed district
prior to the issue being considered on the May 2014 election ballot. Jackson County has
conducted voter polling specific to the tax rates, provisions and requirements contained in
the proposed library special district, with polling suggesting 53% favorable opinion of
increased funding via a new taxing district.
Should the Central Point City Council choose not to approve the attached resolution and,
therefore, exclude Central Point territory from the proposed special library district, the
Central Point branch library would be closed by Jackson County within 12 months.
Furthermore, Central Point residents choosing to use an alternate Jackson County branch
library after creation of the new special district would be subject to a library user fee. The
proposed user fee has not been established and would be determined only after it is known
which and how many cities within the proposed district boundary opt not to participate.
FISCAL IMPACTS:
If approved, the library service district would be funded by a permanent tax rate of up to
$0.60 per $1,000 of assessed value to provide operating support for the libraries currently
established in Jackson County. This rate would result in a yearly tax assessment of
approximately $95.28 for the average home in Jackson County, based on a value of $158,800.
The City of Central Point's current total tax rate, including City, County, Vector Control, RVTD,
Fire District 3, and Soil /Water Conservation taxing district amounts to $9.8694/per $1000.00
in assessed value. The measure 50 limitations allow a total Central Point taxing rate not to
exceed $11.04/per $ 1000.00 in assessed value. Any taxing rate above the $11.04 limit
established by Measure 50 would result in average tax compression. The current tax rate
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leaves a compression gap of $1.17 before average compression begins to occur in Central
Point. The proposed library service district tax would consume $0.60 of the current $1.17
compression gap, leaving only $0.57 of potential tax increases. Residential assessed values
increased this past year in Central Point by 15% with commercial and industrial values
remaining flat. A recovering economy will likely continue to increase property values and
should positively expand the compression gap in future fiscal cycles. However, it is also not
know what other taxes might be needed, or approved, in the future that would also erode the
compression gap, and the library district tax rate proposal is a permanent increase. There
will also be an Agriculture /4 -H tax on the May ballot
Current Total Rate
Measure 50 Limit
Compression Gap
Potential Reduction
$9.87
$11.04
$1.17
$0.57
FINDINGS:
1. Approval of the associated resolution does not eliminate required Jackson County
voter approval of the Library Service District.
2. Should the taxing district ultimately prevail on the May 2014 general election ballot,
the newly created taxing district would include all areas within the City of Central
Point, provided Central Point does not consent to be apart of the district's territory.
3. Approval of the proposed library service district would create anew tax of $0.60 per
$1000 in assessed value for property owners in Central Point
4. Approval of the proposed library service district would reduce the 2013/2014 tax
compression gap from $1.17 to $0.57.
ATTACHMENTS:
1. Jackson County Board of Commissioner's Board Order initiating the proposed library
special taxing district.
2. A resolution of the Central Point City Council approving a Jackson County Order to
initiate the formation of a Jackson County Library Special District and consenting to
the inclusion of Central Point territory within the boundaries of the district.
RECOMMENDATION:
The City of Central Point has historically allowed the voters of Jackson County /Central Point
to decide on the formation of service /taxing districts. Council adoption of the associated
resolution would be consistent with prior decisions.
Return to Agenda
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Special Library District FAQs
Q. What is a Special District?
Think fire district and you have the idea. Like afire district, a library special district has its own elected board,
manager and citizen's budget committee. The special library district will include unincorporated areas of the
county. City councils in the incorporated areas must consent before they can be included within the boundaries
of the proposed district. If approved by their city, residents of the incorporated areas will have the opportunity
to vote on the district measure. This is nothing new; there are over 20 special library districts in Oregon
counties, which were funded through voter - approved tax rates.
Q. Who will govern the Special Library District?
Under Oregon Law, a special district is governed by a board elected at the time the district measure is passed.
The County cannot be the governing body of a Special Library District. A special library board is entirely
independent of governance by the County Board of Commissioners.
Q. What will the district cost and what can we expect?
The Board of Commissioners is recommending a funding rate that will give the district the ability to function
and offers the new board and its citizens' budget committee enough for the future. The recommended rate of
up to .60/$1,000 is a ceiling— not a floor. How much will be levied and what the service level will look like is to
be determined by the library district board. The proposed rate would likely be enough to maintain or even
enhance current services. The district board has the option of not levying the entire amount. It is important to
note that County Commissioners and representatives can't guarantee an exact level of service because it will
be determined by the District's elected officials and district boundaries. And, the rate will never be higher
than this amount.
Q. Can these funds approved by voters under this ballot measure be used for any other purpose?
No, these funds are dedicated to library use and can only be used for library service within the district
boundary.
Q. Did the County run out of money to fund the library because they built new libraries?
No. Similar to financing the building of a house, it doesn' t finance the operation of it. Th e libraries would still
be facing closure even if the new buildings had not been built. The library bond that voters approved in May
2000 could only be used to build, not to operate the libraries and furthermore, they cannot be used for
anything other than a library until the year 2020. The economy has changed dramatically from 2000 and the
county collects far fewer taxes and no longer receives federal timber receipt money.
Q. What happens if a city council votes to not participate?
The citizens of the city will not be allowed to participate in the county -wide vote for the library district. They
will have no say in how the funds are expended, nor will they have representation on the District's elected
board. Further, the future of libraries outside the district will be uncertain as they will still be under the
governance of the Jackson County Board of Commissioners and will compete with other county services and
requirements for funding.
Q. If my city opts not to participate in the district, will I be able to use other libraries in the county free of
charge?
We cannot assume that the district board will automatically allow non - resident use for free.
Q. Is it true that the Library is closing; if so when?
Based on the Budget Committee's decision this budget year, the satellite branch libraries in Jackson County are
scheduled to close on June 30, 2014, if stable funding is not secured. Satellite branches include Applegate,
Ashland, Butte Falls, Central Point, Eagle Point, Gold Hill, Jacksonville, Phoenix, Prospect, Rogue River, Ruch,
Shady Cove, Talent and White City. If stable funding isn't secured by June 30, 2015 then the Medford Branch
Library is scheduled to close.
10 /16 /k§g in PM Page 12
BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COUNTY
FOR THE STATE OF OREGON
IN THE MATTER OF INITIATING )
FORMATION OF A JACKSON COUNTY ) ORDER NO.
LIBRARY DISTRICT )
WHEREAS, like many counties in Oregon, Jackson County is facing significant budget
constraints due to the loss of certain federal funding streams; and
WHEREAS, Jackson County's primary concern is to provide mandated and basic
services like health and safety. After providing enough money necessary for supporting such
things as the Sheriff s office, community justice, the District Attorney's office, and other high
priority County government services, Jackson County does not have enough money left to
support its libraries; and
WHEREAS, without direct financial support from Jackson County, Jackson County
Library Services will be unable to continue provide library services in Jackson County; and
WHEREAS, the Jackson County Board of Commissioners initiated a survey to determine
voter support for the formation of a library district; and
WHEREAS, the survey results indicate that a majority of Jackson County voters support
the creation of a county -wide library special district and are willing to pay additional property
taxes in support of library services, programs and activities; and
WHEREAS, various Jackson County citizens have indicated support for the Board of
Commissioners initiating the formation of a library district, with a permanent property tax rate
limit, to assure that the library system in Jackson County will have stable funding to continue
providing library services, programs and activities to the citizens of Jackson County; and
WHEREAS, libraries are an important Jackson County asset and resource for the
following reasons:
PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION Page I of 3
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• The existence and financial condition of a community library system reflect the social
vitality and economic viability of the County, and a stable, vibrant library system
encourages outside investment in the local economy;
• Libraries help prepare our community's youth for effective learning and for lifelong success
and achievement; and
• Libraries provide critical services to senior citizens in our community by making continuing
education available, offering opportunities to learn and use new technology and helping
seniors socialize and stay connected to the community.
Now, therefore,
The Board of Commissioners of Jackson County (Board) ORDERS:
I. The Board intends to initiate formation of a library special district to serve
Jackson County pursuant to Oregon Revised Statute (ORS) 357.216 to 357.286, which is the
principal act governing the formation of a library special district; and
2. The name of the proposed special district is the Jackson County Library District
(hereinafter "District "); and
3. The boundaries of the District shall include all territory within Jackson County,
less the territory within any incorporated city that chooses not to be part of the District; [!,f anv
car opts out, the following language would be inserted into the final order "The city or cities
choosing not to be included within District territory are: list.']; and
4. As required by ORS 198.835(3), certified copies of City Council Resolutions of
each city approving this Initiation Order and formation of the District, and consenting to the
inclusion of city territory within the boundaries of the District, are attached; and
5. The District will have the general powers granted to library districts by ORS
357.216 to 357.286 (the "Principal Act") and the specific powers granted by ORS 357.261 and
357.410. The District will provide library services, programs and activities for all District
residents as permitted by ORS 198.010(23) and the Principal Act; and
6. The governing body of the District shall be a board of five members to be elected
by the electors of the District as required by ORS 357.226, and the board members shall be
elected at large by position number as allowed by ORS 357.241(1)(b); and
7. Jackson County voters will be asked to establish a permanent property tax rate
limit of $.60 per $1,000 for the District's operations as authorized by ORS 357.261(4) and
357.410(6). The District will have authority to levy and collect general property taxes up to the
approved rate limit to fund its operations.
8. Pursuant to ORS 198.800 and 198.835, a public hearing on the formation of the
Jackson County Library District shall be held at the Board's regular meeting on February 12,
2014, [a tentative, flexible date] beginning at 9:30 a.m., in the auditorium of the Jackson County
PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION Page 2 of 3
CAP102413 Page 14
Courthouse, 10 S. Oakdale, Medford, Oregon 97501. All interested persons may appear and be
heard. At this hearing, the Board will hear testimony and receive written comment on the
proposed formation of this District, including information about county library programs,
activities and services; economic feasibility; and the permanent tax rate limit. At the conclusion
of the hearing, the Board shall determine, in accordance with criteria described in ORS 198.805
and 199.462, whether Jackson County could be benefited by the formation of the library district
and whether the County should continue with the formation process.
9. Notice of the hearing shall be provided to interested persons in accordance with
ORS 198.800(2) and 198.730.
DATED this _ day of , 2013.
JACKSON COUNTY BOARD OF COMMISSIONERS
Don Skundrick, Chair
John Rachor, Commissioner
Doug Breidenthal, Commissioner
APPROVED AS TO FORM:
County Counsel
PROPOSED ORDER INITIATING LIBRARY DISTRICT FORMATION Page 3 of 3
CAP102413 Page 15
RESOLUTION NO.
Resolution Approving a Jackson County Board Order to
Initiate Formation of a Jackson County Library Special District
and Consenting to the Inclusion of Central Point City Territory
Within the Boundaries of the District
RECITALS:
A. The Jackson County, Oregon, Board of Commissioners intends to form a county
library special district under the authority of Oregon Revised Statutes (ORS) 357.216
to 357.286. The name of the proposed special district is the Jackson County Library
District (hereinafter "District"). The proposed District would have the powers
identified in ORS 357.261 and 357.410, including the authority to equip and maintain
public libraries and to fund library services, programs and activities for all county
residents.
B. The governing body of the District shall be a board of five members to be elected by
the electors of the District as required by ORS 357.226, and the board members shall
be elected at large by position number as allowed by ORS 357.241(1)(b).
C. The Jackson County Board of Commissioners may initiate the formation of the
District by adopting an order under authority of ORS 198.835. The Board proposes
to include all county territory within the boundaries of the proposed District.
D. Jackson County voters will be asked to establish a permanent property tax rate limit
of $.60 per $1,000 for the District's operations as authorized by ORS 357.261(4) and
357.410(6).
E. The territory of the City may only be included within the boundaries of the District if
the City Council adopts a resolution approving the proposed County order initiating
the formation of the Jackson County Library District. The proposed order is attached
hereto.
F. Current Jackson County library funding sources are not stable and formation of a
library district will secure a permanent source of funding for library services,
programs and activities to the citizens of Jackson County and the City.
G. The City Council believes creation of a library district will benefit all City residents
for the following reasons:
• The existence and financial condition of a community library system reflect the
social vitality and economic viability of the community, and a stable, vibrant
library system encourages outside investment in the local economy;
Resolution No. (102413)
CAP102413 Page 16
• Libraries help prepare our community's youth for effective learning and for
lifelong success and achievement; and
Libraries provide critical services to senior citizens in our community by
making continuing education available, offering opportunities to learn and use
new technology and helping seniors socialize and stay connected to the
community.
The City Central Point resolves as follows:
The City Council of Central Point, Oregon, hereby consents to the inclusion of all
the territory of the City within the boundaries of the proposed Jackson County Library
District, and approves the Jackson County Board of Commissioners' proposed order
initiating the formation of that district in substantially the form attached hereto.
Passed by the Council and signed by me in authentication of its passage this
day of October, 2013.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Resolution No. (102413)
CAP102413 Page 17
Resolution
Adopting Stormwater
Master Plan*
*Contact City Recorder to review
Master Plan
Document
CAP102413 Page 18
Public Works Department
Staff Report CPOINTL Matt ilore, Director
October 15, 2013
Agenda item
Consider adoption of the Central Point Stormwater Master Plan Final Report prepared by Brown &
Caldwell on September 13, 2013.
Background
The Stormwater Master Plan was developed to address multiple objectives and as a result of
collaboration between City staff and technical staff at Brown & Caldwell. Master planning for
stormwater infrastructure needs addresses limitations in existing storm system capacity and addresses
anticipated future needs for stormwater quantity control. In addition, the City's plan addresses
stormwater quality control to ensure ongoing compliance with the National Pollution Discharge
Elimination System Phase II requirements and the Bear Creek Watershed TMDL for bacteria and
temperature.
A technical evaluation was conducted of the Central Point drainage system that identified 30 potential
Capital Improvement Projects (CIPs). These projects were assigned priority ranking by City staff based
on each project's ability to address the following factors:
• Legal compliance • Flood impact reduction
• Safety consideration • Water quality benefit provision
This plan addresses existing system deficiencies and is a valuable infrastructure planning tool for future
development expansion within the urban growth boundary for the next 20 -year period.
Issues
The total cost of the 20 -year CIP list for flood control projects is $16,173,000. The primary funding
source for flood control CIP implementation is the Stormwater Utility fee. The total water quality CIP
cost is $1,938,300. Primary funding for water quality Cl Ps is the Stormwater Quality Utility fee. It is
important to note that as the Griffin Creek Flood Mitigation project accounts for $10.5M of the flood
control CIP. Funding for this project will require multiple sources including grant funds, City utility fees
and possibly other sources. A survey of public support for the Griffin Flood Mitigation project and
analysis of funding options is ongoing.
Recommendation
Approve the resolution to adopt the Central Point Stormwater Master Plan Final Report dated
September 13, 2013.
Return to Agentla
CAP102413 Page 19
Executive Summary
In 2012, the City of Central Point (City) initiated development of a multi- objective Stormw ate r Master
Plan (Master Plan) to address storm water quantity, storm water qua Iity, regulatory objectives, and
Stormwater management provisions in the 2013 National Flood Insurance Program (NFIP) Community
Rating System (CRS) Manual. The main objectives of this plan are asfollows:
Develop an integrated Stormwater capital improvement program to address storm system capacity
needs and water quality.
Develop an Master Plan document that is useful, easy to read, reference, and update
Incorporate the use of low impact development approaches in the capital improvement program
where applicable.
Prepare for upcoming Stormwater regulatory updates.
Obtain the maximum amount of CRS points as practicable.
Stormwater Quantity and Quality
Development of the Master Plan involved evaluation of the Stormwater drainage system capacity and
opportunitiesto implement Stormwater water quality facilities within the study area. The Stormwater
drainage system capacity within the Urban Growth Boundary for City -owned infrastructure was evaluated
using a 10 -year design storm in a hydrologic /hydraulic model.
Model resu ltsfor the future development condition indicate widespread flooding throughout systems
02003 and 02006, which are located between Mingus Creek and Griffin Creek. Isolated flooding is also
predicted in several other locations. A total of six areas with pipe capacity issues were identified for
Capital Improvement Project (CIP) development. Three additional projectsto address maintenance
issues and creek flooding were also identified.
In conjunction with the hydraulic evaluation of the City's Stormwater system, opportunities for water
quality improvements were identified. Opportunity areas were identified with City staff by reviewing
system information including locations of existingwater quality facilities, vacant lands, publically -owned
lands, existing and future condition land uses, storm system layout, topography, and locations of highly
infiltrating soils.
To integrate development of the flood control and water quality CIPS, the flood control and water quality
opportunity areas were reviewed together to determine whether a water qualityfacility (to address a
specific water quality opportunity area) could be sized, designed, and /or located in such a waythat it
would also address an identified system capacity deficiency.
Analysis of the Central Point Stormwater drainage system resulted in the identification of 30 potential
CIPS. Figure ES -1 identifies the general vicinity of each CIP location.
Priority ranking was completed for flood control and water quality CIPS separately. Flood control projects
will be funded from the Stormwater fee and water quality projects will be funded from the water quality
fee. Table ES -1 summarizesthe identified flood control CIPS, estimated CIP cost and priority ranking.
.BnowrvnroCaldwell Page 20 ES -1
Executive Summary
Rank
CIP number
Project name
Cost $
1
15.1
He m rick Fee d to Green Valley We y
$555,000
2
12
Freema in RCa d a t Rase Va l ley
$201,000
3
13
Rase Va Hey Drive
$288,000
4
11
Freem a in Road a t Ash
$111,000
5
5.2
Co. at On ad 11
$203,000
6
5.3
Victo ria Way H igh Flow Bypa ss
$507.000
Y
5.1
N. l Oth Street Pa m l lel P i pe
$60.000
8
5.4
5th Street -MO26 to N. 3N
$361.000
9
5.5
Stn Street -M azama to M 02 6
$394.000
10
5.6
Mazama- 3Nto5th
$125.000
11
8.2
Oak Street Overflow
$618.000
12
8.5
Cedar Street Bypass
$132.000
13
8.6
Rostell Street Channel
$37.000
14
2
Daisy Creek
$386.000
15
4
Griffin Flood Mitigation Project
$10,500,000
16
1
Conceded Lane Inlet Replacement
$48,000
17
8.3
Ash Street Pipe Replacement
$136.000
18
8.4
2nd Street Pipe Replacement
$95,000
19
15.3
Gebhartl to Green Valley Way
$167.000
20
15.2
Gebhartl Road to Newlackson County0etfall
$422,000
21
15.4
Beebe Road Parallel Pipe
$282,000
=SWQ — srormwater Quaary
Central Paint Stormwater Master Plan
Fsfimated Umeline Funclingsource
2013 -15
SDP
2013 -16
SD
2013 -16
SD
2014 -16
SD
2016 -26
SD
2016 -26
SD
2016 -26
SD
2016 -26
SD
2016 -26
SD
2016 -26
SD
2026 -30
SD
2026 -30
SD
2026 -30
SD
2020 -30
SD
2013 -35
SD,SWQi,,other
2014 -24
SD
2026 -30
SD
2026 -30
SD
2020 -34
SD
2020 -34
SD
2020 -34
SD
Table ES -2 summarizesthe identified water quality LIPS, estimated CIP cost and priority ranking.
Rank
CIP number
Project name
Cast$
Fsfimated Umeline
Funclingscurce
WQl
8.1
Jewett Elementary School Channel
$45.000
2014 -15
SWQ
WQ2
10
Ray's Food Place Planter
$13.700
2015 -16
SWQ
WQ3
7.3
Green Street Laural Stroetfrom N.2n l to N. 6th Street
$452.000
2016 -20
SWQ
WQ4
9
City Hall Rain Garden Demonstration
$46.300
2020 -21
SWQ
WQ5
7.4
Green Street Alderfrom S. lst to N. 6th Street
$535.000
2021 -2]
SWQ
WQ6
7.2
Green Street Maple Street from N. lst to N. 6th Street
$535,000
202] -32
SWQ
WQY
7.1
Green Street Cherry St from N. 2nd to N. 4th Street
$238.000
2032 -34
SWQ
WQ8
6
Summerield Park Water Quality Enha ncement
$29.200
2033 -34
SWQ
WQ9
3
Enter High School Bioswale
$44.100
2033 -34
SWQ
ES -2 CAP1 02413 Page 21 BRUwn Aro Celd WQII
m ` t APrO
(: 5.2 5.1�..
4; 5.3 5.4..
�.( 3
1'3 S.61
>�
7d' 7.2
4i
(II = t
as
Capital Improvement Protests.
1. Corcoran Lane Inlet Replacement
2 Oalsy Creek
3. Ca ter High School Bloswale
0. GriRin Creek Flood Mitigation
,I N 10th Parallel Pipe
52 Comet Outdll
5.3 Victera Way High Flow Bypass
50 5th Sheet (MAYS to N 3rd)
55 5th Street(Mazama to M026)
56 Mazama (N 3rd to N 5th)
6. Sum mertield Park Water Quality Enhancement
z1 Down own Green Streets Cherry
12 Dow flown Green Streets Maple
p.3 Down own Green Streets Laurel
Ara AawnNwn Green Streets Alder
81 Jewett Elementary School Channel
52 Oak Sheet Overflow
8.3 Ash Sheet Pipe Replcement
8.5 2nd Sheet Pipe Re p adamant
56 Respell Sheet Channel
9. City Hall Rain Garden
10. Ray' a Sto—water Planter n. Freeman al Pipe Replacement
12 Freeman Road at Rose valley Pipe Replacement 13. Rose valley PI he Replacement
1a. Suaell Road Pipe Replacement
15. Eaadded TOQ Improvements.
See 2010 Elk Creek Basin Plan
ford ocomendfiron of proposed
as paal improvements within
the Elk Creek Basin
Legend
Water Quality Improvement
Pipes Improvements
V ... Open Channel Improvements
Jackson Cc Waterlines
Piped Improvements
...... O per Channel Improvements
City Mormda m Pipes
Trams
urban Prowm Bonnaary (u6B)
CITY OF CENTRAL POINT
BfOWn uu STORMWATER MASTER PLAN
CA WBt� e p. see papa Pa 22 CENTRAL tallIM=R?/BVBJf TOIECrs
Feet 9a POINT n. p.
Central Point Starmwater Master Plan Executive Summary
Stormwater Program
The City's stormwater program was also evaluated ford eve I op me of of this Master Plan. The City
operates undera National Pollutant Discharge Elimination System ( NPDES) Phase II Municipal Separate
Storm Sewer System (MS4) permit and is also subject to the Bear Creek Watershed Total Maximum Daily
Load (TMDL) order from the Oregon Department of Environmental Qualltyto meet pollutant load
allocations forte mperature, bacteria, and sedimentation. The City's current storm water program
addresses all elements from the current NPDES MS4 Phase II permit to the regulatory requirements of
the TMDL program.
The City currently uses the Stormwater Quality Design Manual (Rogue Valley Sewer Services revised
August 2012) (RVS Manual) along with City Standards and Specifications to guide the design of
stormwater management for new development and redevelopment. It is recommended that the City
continue to use the RVS Manual until a manual specific to the City is developed or an addendum is
made to the RVS Manual. If the City develops its own manual, a list of recommended changes is
provided in Section 6.
National Flood Insurance Program
The City participates in the NFIP CRS. This program is now based on the 2013 CRS Floodplain
Coordinator's Manual. The manual documents a point system for discounts on flood insurance ranging
from 0 to 45 percent. It is estimated that the City can earn 94 to 98 points out of a total of 755 possible
points for stormwater management. The evaluation of the anticipated points available to the City based
on recommendations in this Master Plan is included in Appendix A.
Return to Agenda
.V1IVW�B"ro CeId WQLL Page 23 ES -3
Resolution No.
A RESOLUTION ADOPTING THE CENTRAL POINT STORMWATER MASTER PLAN
FINAL REPORT PUBLISHED ON SEPTEMBER 30, 2013
RECITALS:
A. Central Point is currently one of the fastest growing cities in Southern Oregon. As projected
growth continues to fill in the Urban Growth Boundary and the City plans for future expansion
into the urban reserve areas to the north and west, stormwater master planning is needed to
anticipate infrastructure needs in a manner that provides the expected levels of service and
maintains the community compliance with state and federal regulatory requirements.
B. The City entered into a contract with Brown & Caldwell on September 14, 2012 to develop a
multi- objective stormwater master plan that includes a 20 -year planning horizon for capital
improvements that address stormwater system capacity limitations, as well as stormwater
quantity and quality control.
C. The Stormwater Master Plan Final Report identifies 21 flood control Capital Improvement
Projects (CI Ps) and 9 water quality Cl Ps that reduce localized flooding for current and future
development conditions, exceeds stormwater quality requirements currently established
through the National Pollution Discharge Elimination System Phase II program and advances the
Total Maximum Daily Load (TMDL) objectives to reduce temperature and bacteria loading in
Bear Creek tributaries.
The City of Central Point resolves:
Section 1. The Central Point Stormwater Master Plan Final Report, prepared by Brown & Caldwell and
published on September 10, 2013 is hereby adopted.
Passed by the Council and signed by me in authentication of its passage this __ day of October,
2013.
Mayor Hank Williams
ATTEST:
City Recorder
CAP102413 Page 24
Return to Agenrte
Ordinance
Second Reading
Amending CPMC
12.36 regarding
Trees
CAP102413 Page 25
E� Public Works Department Matt Samitore, Director
CENTRAL 140 South 3`° Street I Central Point, OR 97502 1 541.664.7602 I www.centralpointoregon.gov
POINT
October 2, 2013
STAFF REPORT
AGENDA ITEM: Proposed Amendments to Chapter 12 of the Central Point Municipal Code
Applicant: City of Central Point
STAFF SOURCE:
Dave Jacob, Recreation Coordinator
BACKGROUND:
Under the tree regulations provided in Chapter 12.36 of the Central Point Municipal Code, the City aims
to establish and maintain the maximum amount of tree cover on public and private lands in the city;
provide tree -lined streets throughout the city; select, situate and maintain trees appropriately to minimize
hazard, nuisance, damage, and maintenance cost; to enhance the appearance of the city; to promote a
diverse, healthy, and sustainable community forest; and to educate the public regarding community
forest issues.
The tree regulations apply to individual significant or historic trees; all trees planted in or upon any
public area or right -of -way; all trees planted in or upon any private property which directly affect public
infrastructure including but not limited to sewers, water mains, sidewalks, streets, public property, or
clear vision distances at street intersections; and all trees on developable land and subject to or
undergoing development review such as site plan review, tentative subdivision review, or partition
review.
ISSUES:
The specific amendments to Chapter 12.36 are as follows
12.36.040 Tree rentoval/replacentenl
A. Review Process: The code revision will provide for a more efficient application process for removal
of trees located in the public right of way. Applications for street tree removal would be reviewed and
approved by city staff with an appeal process through the planning commission.
G. Hazard trees: The existing code does not provide a process for removal of hazard trees located on
private properties that pose a threat to individuals as well as public and private infrastructure. The code
will provide for a thirty day noticing process and provide the city with authority to remove a tree if not
taken care of in a timely manner by a property owner.
CAP102413 Page 26
12.36.050 Review Criteria
D. Nuisance Trees: Broaden the criteria for tree removal by providing language that will allow removal
of "nuisance trees'.
Additional changes have been made by the city arborist throughout the code section to clarify issues
related to tree maintenance and protection.
Amended Central Point Municipal Code Chapter 12.36 Trees
ACTION:
No changes were done between first and second reading.
RECOMMENDATION:
Approve the second reading amending Chapter 12.36
Return to Agenda
CAP102413 Page 27
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS OF 12.36 TREES
OF THE CENTRAL POINT MUNICIPAL CODE
Recitals:
A. The existing code does not have enough information on the street tree guide.
B. The existing code does not have enough language on removing and
replacement of existing street trees.
C. The existing code does not address trees that are on private property that may
be detrimental to public infrastructure or safety of private property.
D. Words I Red through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section 1. Section 12.36 of the Central Point Municipal Code is amended to read:
Chapter 5.04
Trees
12.36.030 Definitions.
12.36.040 Tree Removal /Replacement.
13.36.080 Protection of trees.
13.36.130 Street tree maintenance.
12.36.030 Definitions.
"Approved tree list" means those trees identified in city of Central Point publication, Iree-
City of Central Point Recommended Street Tree Guide
which will be approved and amended by City Council Resolution.
"Critical root zone" is generally a circular region measured outward from a tree trunk
representing the essential area of roots that must be maintained or protected for the tree's
Ordinance No. (101013)
CAP102413 Page 28
survival. Critical root zone is one foot of radial distance for every inch of tree diameter
measured at four and one -half feet above ground level, with a minimum of eight feet. For
significant trees, the formula changes to one and one -half feet for every inch of tree diameter at
four and one -half feet above ground level, with a minimum of twelve feet.
"Crown" means the leaves and branches of a tree or shrub; the upper portion of the tree from
the lowest branches on the trunk to the top. May also be referred to as "canopy ".
"Diameter -at- breast - height (DBH)" is tree trunk diameter measured in inches at a height of four
and one -half feet above the ground. If a tree splits into multiple trunks below four and one -half
feet, the trunk is measured at its most narrow point beneath the split.
"Drip line" means a vertical line extending from the outermost edge of the tree's original canopy
to the ground.
"Frontage tree" means a living, standing woody plant typically having a single trunk at least one
and one -half inches in diameter at a point six inches above mean ground level at the base of
the trunk, that is located on private property adjacent to the street right -of -way.
"Hazardous tree or shrub" means a tree or shrub part thereof growing on private or public
property which endangers, obstructs or impairs the free and full use of a public area, including
utilities within these areas or is afflicted with or weakened by a disease or injury or is considered
dead.
"Historic tree" means selected trees placed on a city inventory based on the age, species,
location, health and historic significance.
"Major pruning" means removal of over twenty percent of the tree's canopy, anytree topping, or
disturbance of over ten percent of the root system.
"Nuisance tree" A tree is considered a public nuisance which by reason of its condition
interferes with the use of any public area; or which is infected with a plant disease; or
which is infested with injurious insects or pests which therein threaten public or private
property, or which endangers the public health, safety and welfare.
"Private tree" means a tree located on private property, other than a frontage tree, hazardous
tree, historic tree or significant tree.
"Public tree" means a tree located within a public right -of -way or on public land, such as a city
park.
Ordinance No. (101013)
CAP102413 Page 29
"Significant trees" means selected trees placed on a city inventory based on the age, species,
health and location.
"Street tree" means a living, standing woody plant typically having a single trunk at least one
and one -half inches in diameter at a point six inches above mean ground level at the base of
the trunk that is located within the street right -of -way.
"Topping" means the severe cutting back of limbs to stubs three inches in diameter within the
tree's crown to such a degree so as to remove the natural canopy and disfigure the tree.
'Tree' means any woody plant, including shrubs and bushes, having a trunk five inches or more
in diameter four and one -half feet above ground level at the base of the trunk. If a tree splits
into multiple trunks below four and one -half feet, the trunk is measured at its most narrow point
beneath the split.
"Tree board" means an appointed citizen committee formed for the purpose of hearing
concerns and making decisions regarding trees. The Central Point planning commission
currently serves in this capacity.
"Tree establishment" includes watering, feeding, initial pruning, pesticide or herbicide
management, and replacement of trees, if necessary, for a period of three years from the date
of planting. (Ord. 1821 §1 (part), 2001).
12.36.040 Tree removal /replacement.
The provisions of this section shall apply to any historic tree, significant tree, street tree,
frontage tree required as a condition of development, public tree or hazardous tree, unless
otherwise specified.
A. The removal or major pruning of any tree other than a private tree shall require city approval,
unless specifically designated as exempt by this chapter. Persons wishing to remove or prune
such trees shall file an application for a permit with the Central Point city manager. The
applicant shall include information describing the location, type, and size of the subject tree or
trees, and the reasons for the desired action.
The City shall review the application for the permit within 30 calendar days and either
approve, approve with conditions or modifications, deny the application or request
additional information based on the criteria stated in Section 12.36.050. Any decision to
Ordinance No. (101013)
CAP102413 Page 30
deny the application shall be in writing along with the reasons for the denial and a
description of the appeal process.
An applicant may appeal an adverse determination to the Central Point planning
commission. A written notice of appeal shall be filed with the city manager within 15
calendar days following the date of distribution of a City's decision. The applicant shall
have the burden of proving that the City made an incorrect decision. Based on the
planning commission's findings and conclusions, the planning commission may affirm,
reverse or modify the decision being appealed.
th'dy day of subm ttal. The nlann'n comm ss on may approve approve e,th ons, or
denythe request based an the erter a slated 'n Sect an 12.36.050. n dee son of the n
comm ss on V yheappealed to the cty counc 1 'f not ce of'ntent to appeal af'led wth the cty
adnn n'stratery th'n fifteen days of the Gomm n dee q'an
B. All trees other than private trees shall be removed or pruned following accepted pruning
standards adopted by the city.
C. The applicant shall be responsible for all costs associated with the tree removal or pruning
and shall ensure that all work is done in a manner which ensures safety to individuals and
public and private property.
D. Approval of a request to remove a tree may be conditioned upon replacement of the tree
with another tree from the city's approved tree list, or a requirement to pay to the city an amount
sufficient to fund the planting and establishment bythe city of a tree, or trees, of similar value.
The value of the existing tree to be removed shall be calculated using the methods set forth in
the edition then in effect of the "Guide for Plan Appraisal" published by the International Society
of Arboriculture Council for Tree Landscape Appraisers.
E. The applicant is responsible for grinding stumps and surface roots at least six inches below
grade. At least a two - inch -thick layer of topsoil shall be placed over the remaining stump and
surface roots. The areas shall be crowned at least two inches above the surrounding grade to
allow for settling and shall be graded smooth. The applicant shall restore any damaged turf
areas and grades due to vehicular or mechanical operations. The area shall be reseeded.
F. Other conditions may be attached to the permit approval by the Central Point planning
commission as deemed necessary. (Ord. 1821 §1 (part), 2001).
Ordinance No. (101013)
CAP102413 Page 31
G. The city shall have the right to cause the pruning or removal of any potentially
hazardous or nuisance tree, or parts of a tree or shrub, on private property within the
city, when such trees constitute a threat to human life, safety, or property. Except in an
emergency when immediate action is necessary for safety, the Central Point city
manager or his designee will notify in writing the owners of such trees. Said owners at
their own expense shall do pruning or removal within thirty days after the date of notice.
In the event of failure of owners to comply with such provisions, or in the above
mentioned emergency situation, the city shall have the authority to remove or cause to
be removed such trees and assess the cost of removal plus reasonable and actual
administrative charges as a lien against the property.
H. In the event that it becomes necessary for the Central Point city manager or his
designee to undertake the inspection, pruning or removal of a potentially hazardous or
nuisance tree from any private property within the city, the city manager or his designee
shall have the right at reasonable times to enter into or upon said property to inspect,
prune or remove said potentially hazardous or dead tree.
12.36.080 Protection of trees
A. It is unlawful for any person to remove, destroy, break, or injure any tree or part of a tree
other than a private tree. Individuals convicted of removing or destroying a tree or part of a
tree without city approval shall be subject to paying to the city an amount sufficient to fund the
planting and establishment of a tree, or trees, of similar value. The value of the removed or
destroyed tree shall be calculated using the methods set forth in the edition then in effect of the
"Guide for Plant Appraisal" published by the International Society of Arboriculture Council of
Tree Landscape Appraisers.
B. It is unlawful for any person to attach or keep attached to any tree other than a private tree,
or to the guard or stake intended for the protection of such tree, any rope, wire, chain, sign, or
other device, except as a support for such tree.
C. During the construction, repair, alteration or removal of any building or structure it is unlawful
for any owner or contractor to leave any tree other than a private tree in the vicinity of such
building or structure without a good and sufficient guard or protectors as shall prevent injury to
such tree arising out of or by reason of such construction or removal.
D. Excavations shall not occur within one and one half times the drip line of any tree other
than a private tree without approval of the city, applying criteria developed by the planning
commission. Utility pole installations are exempted from these requirements. During such
excavation or construction, the excavator or builder shall guard any such tree within said area
around the drip line, or as may be required by the planning commission.
Ordinance No. (101013)
CAP102413 Page 32
E. All building or other debris shall be kept outside one and one half times of the drip line of
any tree other than a private tree.
F. Every effort should be made to retain existing trees on public or private property as an
integral part of overall community forest canopy and the development process. The planning
commission shall make every effort to modify setback requirements to include existing trees.
(Ord. 1821 §1(part), 2001).
12.36.130 Street tree maintenance.
Street trees shall be continually maintained, including necessary watering, feeding, weeding,
pruning, pesticide, herbicide application for pest and disease management with removal
and replacement of any dead or dying tree and- ceplasersaeRt, by the developer or property
owner for three full growing seasons following planting, or as may be required by the city. (Ord.
1821 §1(part), 2001).
Passed by the Council and signed by me in authentication of its passage this
day of , 2013.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
Ordinance No. (101013)
CAP102413 Page 33
Business
Rogue Disposal &
Recycling Annual
Rate Adjustment
CAP102413 Page 34
September 23, 2013
Mr, Christopher Clayton
City Administrator
City of Central Point
155 South 2nd St.
Central Point, OR 97502
OG�fo
� V
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RE: City of Central Point Solid Waste Collection Franchise Agreement Sec. 7.5
Our File No: RET II 13A
Dear Mr. Clayton:
PO Box 3187
Central Point OR 97502
541 7794161
Fax 541 779 4366
Paragraph 7.5 of the Solid Waste Collection Franchise Agreement between the City of
Central Point (City) and Rogue Disposal & Recycling, Inc., (Rogue), provides for an annual
adjustment of approved service rate schedule based on the change in the Consumer Price
Index during the previous year. Please accept this letter as Rogue's implementation of the
7.5 provisions. Set forth below is Rogue's detailed calculation of the adjustment to each
"Rate Category Rate" (RCR) in the improved service rate schedule, then in effect,
calculated in accordance with the Annual Rate Adjustment Formula set forth under
Section 7.5.
The Consumer Price Index (CPI) percentage change between August 2012 (230.4) and
August 2013 (233.9) equals a percentage change of 1.5 %. Please see enclosed table taken
from the Bureau of Labor Statistics Data setting forth the Consumer Price Index -All Urban
Consumers for years 2012 and 2013. Accordingly, under the Annual Rate Adjustment
Formula, the service rate for a particular rate category is multiplied by 1.5% plus the
current service rate which equals the "Adjusted Rate Category Rate' (ARCR). For
example, residential garbage /curbside recycling- one -can current rate of $16.50 renders
the following adjustment:
$16.50 x 1.5% (CPI) = $.25
Thus, the rate as of January 1, 2014 adjusted for the CPI (1.5 %) equals:
$16.50 + $.25 = $16.75 (ARCR)
I have enclosed a copy of Exhibit "D" Schedule of Approved Maximum Monthly Collection
Rates for City of Central Point, effective January 1, 2013, which sets forth the current RCR.
The new rates reflecting the ARCR are attached hereto as Exhibit "C ", amended as of
January 1, 2014.
CAP102413 Page 35
Under the franchise, the City has 30 days to review the increase for the cost of living
calculations.
As required by the franchise, 30 days written notice (this includes electronic notice for our
customers who have opted for "paperless" communication) will be provided to customers
of all rate changes.
After review of this information, please inform me as to whether you agree that the
calculations set forth herein are accurate. I can be reached on my direct line at
541.494.5409.
Thank you for your attention to this matter.
Very truly yours,
Brenda B. Olfson V
I/S & Finance Operations Manager
Rogue Disposal & Recycling, Inc.
SMG /ERS
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CAP102413 Page 36
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EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2014
Residential Collection
Garbage /Curbside Recycling
35 gallon cart @ curb (1 can service)
65 gallon cart @ curb (2 can service)
95 gallon cart @ curb (3 can service)
Each Additional Can Serviced Weekly
Extra 32 gallon Can or Bag On Route
Special Pick -up - Nan - Garbage Customer
Recycling Cart - Non - Garbage Customer
Green Waste Cart - Garbage Customer
Green Waste Cart - Nan- Garbage Customer
Commercial (Front -Load)
$ 16.75
Per month
$ 28.07
Per month
$ 39.40
Per month
$ 1132
Per month
$ 4.19
Each
$ 14.20
Each
$ 4.95
Per month
$ 4.42
Per month
$ 5.67
Per month
MonthN Pmnt -1 r.d Rate. 6v .1- n..n -1 e,..,
Industrial (Roll -off)
11/2 YD
TEMP
2 Y
$
3YD
3.05
4 Y
6.08
.. ._.
6YD
SIZE
8 Y
1 x Week
$
112.12
$
146.16
$
173.14
$
22417
$
322.10
$
2x Week
$
181.83
$
235.51
$
326.35
$
415.70
$
581.77
$
3 x Week
$
262.49
$
334.86
$
466.81
$
588.83
$
888.19
4x Week
$
343.35
$
421.39
$
597.34
$
797.42
$
1,167.69
5x Week
$
410.05
$
507.91
$
747.74
$
988.93
$
1,450.08
6x Week
$
465.37
$
606.71
$
868.19
$
1,179.09
$
1,730.99
Extra lu
$
40.41
$
48.92
$
65.97
$
83.03
$
11706
Industrial (Roll -off)
PERM
TEMP
DROP BOX SERVICE RATES
$
4.86
3.05
$
6.08
RATE PER LOAD
SIZE
7.30
LOOSE
COMPACT
10 Yard Box (rate per haul)
$
228.56
$ 383.04
20 Yard Box (rate per haul)
$
343.58
$ 650.24
27 Yard Box (rate per haul)
$
42427
30 Yard Box (rate per haul)
$
458.32
33 Yard Box (rate per haul)
$
490.91
40 Yard Box (rate per haul)
$
594.64
50 Yard Box (rate per haul)
$
743.62
CAP102413 Page 38
DAILY RENT
PERM
TEMP
2.44
$
4.86
3.05
$
6.08
3.64
$
7.30
3.64
$
7.30
3.54
$
7.30
3.64
$
7.30
3.64
$
7.30
EXHIBIT C
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2014
Residential Collection Miscellaneous Charges
$ 23.46
Exchange Roll Cart
$ 1.94
32 Gal Can Extra GW Pick -Up
$ 1.34
Extra GW Cart Rent Per Month
$ 2.55
On Call Extra GW Cart Pick -up
$ 6.31
Recycle Bin Not Returned
$ 2.55
For Each Addtl Resident Roll Cart
$ 21.64
Off Route Charge
$ 52.27
35 Gal Lost Cart Replacement
$ 60.79
65 Gal Lost Cart Replacement
$ 76.59
95 Gal Lost Cart Replacement
$ 5.46
Cart/Can not at Curb (per Month)
$ 5.71
Long Driveway with Cart (per Month)
$ 97.25
Misc. Labor (Truck and Driver) per Hour
$ 42.55
Misc. Labor (Helper) per Hour
$ 41.21
Small quantity Pgm - 5 Pre -Paid Bags
$ 56.90
Small Quantity Pgm - 10 Pre -Paid Bags
$ 63.22
1st Appliance
$ 31.60
Ea. Additional Appliance
$ 12.15
Tire - Passenger
$ 24.31
Tire - Truck
$24.31
Misc. Loose Waste - Per Yard
$ 7.66
Christmas Tree - Per 3 Ft Section
Commercial Collection Special Charges
$ 32.48
Compactor - Per Yard Under 20 Yds
$ 24.31
Per month temporary container rental
$108.20
Compactor Cleaning
$ 24.31
Per month temporary cardboard only, waived if minimum
p/u every other week
$ 31.60
Trip charge /pull fee
Wood Box Haul Fee
$ 244
$ 48.62
Cleaning
Car tire in drop box
$ 36.47
$ 48.62
Deposit
Haul Fee to haul appliance from landfill to transfer station
$ 48.62
Pickup & Delivery
$ 14.59
Pull Out from 30 -90 ft (multiply by pfu per week)
$ 10.94
Key Acct
$ 6.06
Per month auto lack container
$ 19.45
Lock replacement
$ 98.46
6 yd or under FL Compactor cleaning fee
Deliver
Pickup
$106.49
Bin for a tlay- 5 yard - 24 hours 1 Dump
$120.70
Bin for a week -end - 5 yard -48 hours 1 Dump
Fri
Mon am
$134.89
Bin for 72 hours - 5 yard -1 Dump
1st day
4th day
$ 8227
Yard debris bin for a day - 5 yard - 24 hours 1 Dump
$ 96.00
Yard debris bin for a week -end - 5 yard 1 Dump
Fri
Mon am
$109.73
Yard debris bin for 72 hours - 5 yard 1 Dump
1st day
4th day
Industrial Special Charges
$ 32.48
Compactor - Per Yard Under 20 Yds
$ 30.05
Compactor- Per Yard 20 Yds and Over
$108.20
Compactor Cleaning
$ 31.60
Trip Charge(move box @ location) / Turn Around Charge
$102.12
Haul Fee - Asbestos Box (Requires special per yard disposal charge)
$102.12
Wood Box Haul Fee
$ 244
Per Mile, starting after border boundary
$ 24.31
Car tire in drop box
$ 36.47
Truck tire in drop box
$ 63.22
Haul Fee to haul appliance from landfill to transfer station
CAP102413 Page 39
EXHIBIT D
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2013
Residential Collection
Garbage /Curbside Recycling
35 gallon cart @ curb (1 can service)
65 gallon can @ curb (2 can service)
95 gallon cart @ curb (3 can service)
Each Additional Can Serviced Weekly
Extra 32 gallon Can or Bag On Route
Special Pick -up - Non - Garbage Customer
Recycling Cart - Nan - Garbage Customer
Green Waste Cart - Garbage Customer
Green Waste Cart - Nan - Garbage Customer
Commercial (Front -Load)
$ 16.50
Per month
$ 27.65
Per month
$ 38.81
Per month
$ 11.15
Per month
$ 4.13
Each
$ 13.99
Each
$ 4.88
Per month
$ 4.35
Per month
$ 5.59
Per month
Monthly Front-Loa tl Rates b Container size and Fre uorI of Pick,
Industrial (Roll -off)
1 112 YD
TEMP
2 YD
$
3 YD
3.00
4 YD
5.99
6 YD
SIZE
8 YD
1 x Week
$
110.44
$
143.97
$
170.55
$
220.82
$
317.28
S
413.65
2 x Week
$
178.91
$
23199
$
321.47
$
409.48
$
573.07
$
735.14
3 x Week
$
258.56
$
329.85
$
459.83
$
580.02
$
874.91
$
1,169.84
4 x Week
$
338.21
$
415.09
$
588.41
$
785.49
$
1,150.23
$
1,516.46
5 x Week
$
403.92
$
500.31
$
736.56
1 $
974.14
$
1,428.39
$
1,882.61
6x Week
$
458.41
$
599.61
$
874.91
1 $
1,161.45
$
1,705.10
$
2,248.83
Extra plu
$
39.81
$
48.19
$
64.98
$
81.79
$
115.31
$
146,84
Industrial (Roll -off)
PERM
TEMP
DROP BOX SERVICE RATES
$
4.79
3.00
$
5.99
RATE PER LOAD
SIZE
7.19
LOOSE
COMPACT
10 Yard Box (rate per haul)
$
225.14
$ 377.31
20 Yard Box (rate per haul)
$
338.44
$ 640.51
27 Yard Box (rate per haul)
$
417.92
30 Yard Box (rate per haul)
$
451.47
33 Yard Box (rate per haul)
$
483.57
40 Yard Box (rate per haul)
$
585.75
50 Yard Box (rate per haul)
$
732.50
CAP102413 Page 40
DAILY RENT
PERM
TEMP
2.40
$
4.79
3.00
$
5.99
3.59
$
7.19
3.59
$
7.19
3.59
$
7.19
3.59
$
7.19
3.59
$
7.19
EXHIBIT D
CITY OF CENTRAL POINT, OREGON
ROGUE DISPOSAL AND RECYCLING, INC.
MAXIMUM MONTHLY COLLECTION RATES
EFFECTIVE JANUARY 1, 2013
Residential Collection Miscellaneous Charges
$ 23.11
Exchange Roll Carl
$ 1.91
32 Gal Can Extra GW Pick -Up
$ 1.32
Extra GW Cart Rent Per Month
$ 2.51
On Call Extra GW Cart Pick -up
$ 6.22
Recycle Bin Not Returned
$ 2.51
For Each Adel Resident Roll Cart
$ 21.32
Off Route Charge
$ 51.49
35 Gal Lost Cart Replacement
$ 59.88
65 Gal Lost Cart Replacement
$ 75.44
95 Gal Lost Cart Replacement
$ 5.38
Cart/Can not at Curb (per Month)
$ 5.62
Long Driveway with Cart (per Month)
$ 95.80
Misc. Labor (Truck and Driver) per Hour
$ 41.91
Misc. Labor (Helper) per Hour
$ 40.59
Small Quantity Pgm - 5 Pre -Paid Bags
$ 56.05
Small Quantity Pgm - 10 Pre -Paid Bags
$ 62.27
1st Appliance
$ 31.13
Ea. Additional Appliance
$ 11.97
Tire - Passenger
$ 23.95
Tire - Truck
$23.95
Misc. Loose Waste - Per Yard
$ 7.55
Christmas Tree - Per 3 Ft Section
Commercial Collection Special Charges
$ 31.99
Compactor - Per Yard Under 20 Yds
$ 23.95
Per month temporary container rental
$106.58
Compactor Cleaning
$ 23.95
Per month temporary cardboard only; waived if minimum
p/u every other week
$ 31.13
Trip charge /pull fee
Wood Box Haul Fee
$ 2.40
$ 47.89
Cleaning
Car lire in drop box
$ 35.92
$ 47.89
Deposit
Haul Fee to haul appliance from landfill to transfer station
$ 47.89
Pickup & Delivery
$ 14.37
Pull Out from 30 -90 ft (multiply by p/u per week)
$ 10.78
Key Acct
$ 5.99
Per month auto lock container
$ 19.16
Lock replacement
$ 96.99
6 yd. or under FL compactor cleaning fee
Deliver
Pickuo
$104.90
Bin for a day -5 yard -24 hours l Dump
$118.89
Bin for a week -end - 5 yard -48 hours 1 Dump
Fri
Mon am
$132.87
Bin for 72 hours -5 yard -1 Dump
tat day
4th day
$ 81.04
Yard debris bin for a day - 5 yard - 24 hours 1 Dump
$ 94.56
Yard debris bin for a week -end - 5 yard 1 Dump
Fri
Mon am
$106.09
Yard debris bin for 72 hours - 5 yard 1 Dump
1st day
4th day
Industrial Special Charges
$ 31.99
Compactor - Per Yard Under 20 Yds
$ 29.60
Compactor- Per Yard 20 Yds and Over
$106.58
Compactor Cleaning
$ 31.13
Trip Charge(move box Q location) / Turn Around Charge
$100.59
Haul Fee - Asbestos Box (Requires special per yard disposal charge)
$100.59
Wood Box Haul Fee
$ 2.40
Per Mile, starting after border boundary
$ 23.95
Car lire in drop box
$ 35.92
Truck tire in drop box
$ 62.27
Haul Fee to haul appliance from landfill to transfer station
CAP102413 Page 41
7.5 Annual Adjustment of Approved Service Rate Schedule
On each Anniversary Date (other than an Anniversary Date that is immediately preceded by a Fifth
Anniversary Rate Review), commencing with the Anniversary Date that falls on January 1, 1998,
there shall be an annual adjustment of the Approved Service Rate Schedule pursuant to and in
accordance with this Section 7.5. If the City and the Contractor agree, the annual adjustment
pursuant to this Section 7.5 may be waived for any year.
Unless such annual adjustment for a given year is waived by the Contractor and the City, the
Contractor shall be required to deliver to the City, not less than 90 days prior to such Anniversary
Date, a detailed calculation of the adjustment to each Rate Category Rate in the Approved Service
Rate Schedule then in effect calculated in accordance with the Annual Rate Adjustment Formula set
forth in this Section 7.5, together with all supporting information. The City Administrator shall
review such information and not less than 60 days prior to the related Anniversary Date, the City
shall inform the Contractor as to whether or not it agrees with the Contractor's calculation of such
adjustment. The City shall specify to the Contractor in writing the particulars of any disagreement
with the Contractor's calculation of such adjustment, and the City and Contractor shall meet in order
to resolve any such differences. Effective as of each Anniversary Date for which an annual
adjustment is made pursuant to this Section 7.5, each Rate Category Rate in the Approved Service
Rate Schedule shall be adjusted in accordance with the Annual Rate Adjustment Formula set forth
in this Section 7.5.
Forpurposes of this Section 7.5, the Annual Rate Adjustment Formula for each Rate Category Rate
shall be as follows:
ARCR = (RCR multiplied by CPIC) plus RCR
RCR = the service rate for a particular Rate Category as set forth in the Approved
Service Rate Schedule in effect immediately prior to the Anniversary Date.
CPIC = the percentage change (increase or decrease) between the Consumer Price
Index published in August of the current year and and the Consumer Price
Index published in August of the immediately preceding year; provided that
if the Approved Service Rate Schedule has been adjusted pursuant to a
Requested Rate Review or a Special Rate Review since the last annual
adjustment of the Approved Service Rate Schedule pursuant to this Section
75, then "CPIC" shall mean the percentage change (increase or decrease)
between the Consumer Price Index published in August of the current year
and and the Consumer Price Index published immediately prior to the date
upon which the Approved Service Rate Schedule was been adjusted
pursuant to such Requested Rate Review or Special Rate Review.
ARCR = the RCR as adjusted pursuant to the Annual Rate Adjustment Formula.
Return to Agenda 33
CAP102413 Page 42
Business
HB 3460 and
discussion regarding
CPMC Changes
CAP102413 Page 43
7
CENTRAL Administration Department
Chris Clayton, sey,Cii[y Manager
INTEROFFICE MEMO POINT
Deanna Casey, [y Recorder
Barb Robson, Human Resources Director
TO Central Point City Council Members
FROM Chris Clayton, City Manager
SUBJECT: House Bill 3460 and associated Central Point Municipal Code Amendments
DATE: October 24 "`, 2013
According to estimates by the Oregon Department of Justice and other interested parties, there may be between 150 and
200 medical marijuana dispensaries operating in Oregon today. These dispensaries are generally purported to operate as
"pharmacies" for people who have obtained medical marijuana cards, but no regulatory framework exists to govern these
establishments, and no state agency has been charged with ensuring that only medical marijuana card holders are being
served.
In an effort to bring some order to the distribution of marijuana through these dispensaries, the Legislature passed HB
3460, which requires the Oregon Health Authority (OHA) to license and regulate medical marijuana dispensaries. The
OHA is further required to develop a registry of dispensaries and make the registry available to police. The bill also:
Prohibits dispensaries within 1,000 feet of school;
Prohibits dispensaries within 1,000 feet of another dispensary;
Requires dispensaries to have robust security systems in place;
Allows only persons with medical marijuana cards or their registered caregivers to enter a dispensary; and
Gives OHA authority to draft additional administrative rules to implement the bill.
It's important to note that HB 3460 does not preempt a city's ability to regulate medical marijuana dispensaries beyond
what is contained in the bill. For example, a city is not preempted from prohibiting a dispensary within 1,000 feet of a
park or correctional institution. HB 3460 also does not affect the cities that have effectively prohibited dispensaries by
adopting a business license ordinance that denies a license to any business in violation of local, state or federal law. The
League cannot guarantee that additional regulation of dispensaries�or effectively prohibiting them —will not be
challenged in court. But case law supports a city's hone rule authority to regulate in areas where the Legislature has not
otherwise clearly pre - empted local regulations.
The League of Oregon Cities analyzed HB 3460 and found that cities maintained authority to regulate dispensaries in
order to reflect local needs and values. The League will continue to participate in the administrative rule making process
to ensure local control is maintained.
In March of 2014 Oregon House Bill 3460 will permit medical marijuana dispensaries to legally operate in the State of
Oregon. Currently, an appointed rules making committee is working with the Oregon Health Authority to finalize certain
provisions and administrative functions of House Bill 3460. In preparation for March of 2014, some Oregon Cities have
begun snaking amendments clarifying their municipal codes to only permit business activity that is lawful under local,
state, and federal requirements. These municipal code amendments will likely prompt legal challenges from supporters
of house Bill 3460. Based on recent political and legal activity, t am recommending a council discussion item on the
prudent course of action related to this issue.
CAP102413 Page 44
99th OREGON LEGISLATIVE ASSEMBLY —2013 Regular Session
House Bill 3460
Sponsored by Representative BUCKLEY, Senator PROZANSKI; Representative FREDERICK, Senator
DINGFELDER
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body than cof subject
to consideration by the Legislative Assembly. It is an editor's brief statement of the essential features of the
measure as introduced.
Directs Oregon Health Authority to establish registration system for medical marijuana malt
ties for transferring usable marijuana from registry identification cardholders, designated primary
caregivers of registry identification cardholders or marijuana grow sites to medical marijuana fa-
cilities and from medical marijuana facilities to registry identification cardholders or designated
primary caregivers of registry identification cardholders.
Declares emergency, effective on passage
1 A BILL FOR AN ACT
2 Relating to medical marijuana; creating new provisions; amending ORS 475.302, 475.304, 475.309,
3 475.320, 475.323 and 475.331; and declaring an emergency.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. Section 2 of this 2013 Act is added to and made a part of ORS 475.300 to
6 475.346.
7 SECTION 2. (1) The Oregon Health Authority shall establish by rule a medical marijuana
3 facility registration system to authorize the transfer of usable marijuana, subject to sub.
9 section (6) of this section, from:
10 (a) A registry identification cardholder, the designated primary caregiver of a registry
11 identification cardholder, or a person responsible for a marijuana grow site to the medical
12 marijuana facility; or
13 (b) A medical marijuana facility to a registry identification cardholder or the designated
14 primary caregiver of a registry identification cardholder.
15 (2) The registration system established under subsection (1) of this section must require
16 a medical marijuana facility to submit an application to the authority that includes:
17 (a) The name of the person responsible for the medical marijuana facility;
1s (b) The address of the medical marijuana facility;
19 (c) Documentation, as required by the authority by rule, that demonstrates the medical
20 marijuana facility meets the qualifications for a medical marijuana facility as described in
21 subsection (3) of this section; and
22 (d) Any other information that the authority considers necessary.
23 (3) To qualify for registration under this section, a medical marijuana facility:
24 (A) Must be located in an area that is zoned for commercial or industrial use or as ag.
25 ricu tural land;
26 HU Must be a facility that is open to registry identification cardholders and designated
27 primary caregivers as a business;
23 (C) Must not be located within 1,000 feet of the real property comprising a public or paid.
NOTE: Matte, in boldfaced type te ea emended sects, ie new, matte, lah, and hmahelead ie existing law to be emitted
New secte— are rn boldfaced type
LC 3746
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vote elementary, secondary or career school attended primarily by minors;
(D) Must not be located within 1,000 feet of another medical marijuana facility; and
(E) Must comport with rules adopted by the authority related to:
(i) Installing a minimum security system, including a video surveillance system, alarm
system and safe; and
(u) Testing for pesticides, mold and mildew.
(4)(a) The authority shall conduct a criminal records check under ORS 181.534 of a person
whose name is submitted as the person responsible for a medical marijuana facility under
subsection (2) of this section.
(b) A person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for
the manufacture or delivery of a controlled substance in Schedule I or Schedule II may not
be the person responsible for a medical marijuana facility for five years from the date the
person completes the sentence for the crime for which the person has been convicted under
this paragraph.
(c) A person convicted more than once of a Class A or Class B felony under ORS 475.752
to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule
II may not be the person responsible for a medical marijuana facility.
(5) If a person submits the application required under subsection (2) of this section, the
medical marijuana facility identified in the application meets the criteria described in sub.
section (3) of this section and the person responsible for the medical marijuana facility
passes the criminal records check required under subsection (4) of this section, the authority
shall register the medical marijuana facility and issue the person responsible for the medical
marijuana facility proof of registration. The person responsible for the medical marijuana
facility shall display the proof of registration on the premises of the medical marijuana fa.
cility at all times when usable marijuana is being transferred as described in subsection (1)
of this section.
(6) Registration under this section is invalid if a medical marijuana facility does not:
(a) Obtain authorization from a registry identification cardholder to:
(A) Receive from a marijuana grow site usable marijuana that belongs to the registry
identification cardholder if medical marijuana is to be transferred to the medical marijuana
facility from a marijuana grow site; and
(B) Transfer to a registry identification cardholder or the designated primary caregiver
of the registry identification cardholder usable marijuana; or
(b) Keep and maintain a list of:
(A) All persons responsible for a marijuana grow site from whom the medical marijuana
facility has received usable marijuana; and
(B) All registry identification cardholders and designated primary caregivers to whom the
medical marijuana facility transfers usable marijuana under this section and the amount of
usable marijuana transferred in each instance.
(7) A medical marijuana facility registered under this section may possess marijuana in
excess of the limits imposed on registry identification cardholders and designated primary
caregivers under ORS 475.320.
(8) The authority may inspect:
(a) The premises of an applicant for a medical marijuana facility or a registered medical
marijuana facility to ensure compliance with subsection (3) of this section; and
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(b) The records of a registered medical marijuana facility to ensure compliance with
subsection (6)(b) of this section.
(9)(a) A registry identification cardholder or the designated primary caregiver of a reg.
istry identification cardholder may reimburse a medical marijuana facility registered under
this section for the normal and customary costs of doing business, including costs related
to transferring, handling, securing, insuring, testing, packaging and processing usable
marijuana and the cost of supplies, utilities and rent or mortgage.
(b) A medical marijuana facility may reimburse a person responsible for a marijuana
grow site under this section for the normal and customary costs of doing business, including
costs related to transferring, handling, securing, insuring, testing, packaging and processing
usable marijuana and the cost of supplies, utilities and rent or mortgage.
(10) The authority may adopt rules imposing a fee in an amount established by the au.
thority for registering a medical marijuana facility under this section.
SECTION 3. ORS 475.302 is amended to read:
475.302. As used in ORS 475.300 to 475.346:
(1) "Attending physician" means a physician licensed under ORS chapter 677 who has primary
responsibility for the care and treatment of a person diagnosed with a debilitating medical condition.
(2) "Authority" means the Oregon Health Authority.
(3) "Debilitating medical condition" means:
(a) Cancer, glaucoma, agitation due to Alzheimer's disease, positive status for human
immunodeficiency virus or acquired immune deficiency syndrome, or treatment for these conditions;
(b) A medical condition or treatment for a medical condition that produces, for a specific pa-
tient, one or more of the following:
(A) Cachexia;
(B) Severe pain;
(C) Severe nausea;
(D) Seizures, including but not limited to seizures caused by epilepsy; or
(E) Persistent muscle spasms, including but not limited to spasms caused by multiple sclerosis;
or
(c) Any other medical condition or treatment for a medical condition adopted by the authority
by rule or approved by the authority pursuant to a petition submitted pursuant to ORS 475.334.
(4)(a) "Delivery" has the meaning given that term in ORS 475.005.
(b) "Delivery" does not include transfer of:
(A) Marijuana by a registry identification cardholder to another registry identification
cardholder if no consideration is paid for the transfer[.];
(B) Usable marijuana from a registry identification cardholder, the designated primary
caregiver of a registry identification cardholder or a marijuana grow site to a medical
marijuana facility registered under section 2 of this 2013 Act; or
(C) Usable marijuana from a medical marijuana facility registered under section 2 of this
2013 Act to a registry identification cardholder or the designated primary caregiver of a
registry identification cardholder.
(5) "Designated primary caregiver" means an individual 18 years of age or older who has sig-
nificant responsibility for managing the well -being of a person who has been diagnosed with a de-
hilitating medical condition and who is designated as such on that person's application for a registry
identification card or in other written notification to the authority. "Designated primary
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caregiver" does not include the persons attending physician.
(6) 'Marijuana" has the meaning given that term in ORS 475.005.
(7) "Marijuana grow site" means a location where marijuana is produced for use by a registry
identification cardholder and that is registered under the provisions of ORS 475.304.
(8) "Medical use of marijuana" means the production, possession, delivery, or administration of
marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of
a person to mitigate the symptoms or effects of the person's debilitating medical condition.
(9) "Production" has the meaning given that term in ORS 475.005.
(10) "Registry identification card" means a document issued by the authority that identifies a
person authorized to engage in the medical use of marijuana and the person's designated primary
caregiver, if any.
(11) "Usable marijuana" means the dried leaves and flowers of the plant Cannabis family
Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed
in ORS 475.300 to 475.346. "Usable marijuana" does not include the seeds, stalks and roots of the
plant.
(12) "Written documentation" means a statement signed by the attending physician of a person
diagnosed with a debilitating medical condition or copies of the person's relevant medical records.
SECTION 4. ORS 475.304 is amended to read:
475.304. (1) The Oregon Health Authority shall establish by rule a marijuana grow site regis-
tration system to authorize production of marijuana by a registry identification cardholder, a des-
ignated primary caregiver who grows marijuana for the cardholder or a person who is responsible
for a marijuana grow site. The marijuana grow site registration system adopted must require a
registry identification cardholder to submit an application to the authority that includes:
(a) The name of the person responsible for the marijuana grow site,
(b) The address of the marijuana grow site;
(c) The registry identification card number of the registry cardholder for whom the marijuana
is being produced; and
(d) Any other information the authority considers necessary.
(2) The authority shall issue a marijuana grow site registration card to a registry identification
cardholder who has met the requirements of subsection (1) of this section.
(3) A person who has been issued a marijuana grow site registration card under this section
must display the registration card at the marijuana grow site at all times when marijuana is being
produced.
(4) A marijuana grow site registration card must be obtained and posted for each registry
identification cardholder for whom marijuana is being produced at a marijuana grow site.
(5) All usable marijuana, plants, seedlings and seeds associated with the production of marijuana
for a registry identification cardholder by a person responsible for a marijuana grow site are the
property of the registry identification cardholder and must be provided to the registry identification
cardholder, or, if the marijuana is usable marijuana, transferred to a medical marijuana fa.
cility registered under section 2 of this 2013 Act, upon request.
(6)(a) The authority shall conduct a criminal records check under ORS 181.534 of any person
whose name is submitted as a person responsible for a marijuana grow site.
(b) A person convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the
manufacture or delivery of a controlled substance in Schedule I or Schedule II may not be issued
a marijuana grow site registration card or produce marijuana for a registry identification cardholder
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for five years from the date of conviction.
(c) A person convicted more than once of a Class A or Class B felony under ORS 475.752 to
475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II may
not be issued a marijuana grow site registration card or produce marijuana for a registry identifi-
cation cardholder.
(7) A registry identification cardholder or the designated primary caregiver of the cardholder
may reimburse the person responsible for a marijuana grow site for the costs of supplies and utilities
associated with the production of marijuana for the registry identification cardholder. No other
costs associated with the production of marijuana for the registry identification cardholder, includ-
ing the cost of labor, may be reimbursed.
(8) The authority may adopt rules imposing a fee in an amount established by the authority for
registration of a marijuana grow site under this section.
SECTION 5. ORS 475.309 is amended to read:
475.309. (1) Except as provided in ORS 475.316, 475.320 and 475.342, a person engaged in or as-
sisting in the medical use of marijuana is excepted from the criminal laws of the state for possession,
delivery or production of marijuana, aiding and abetting another in the possession, delivery or pro-
duction of marijuana or any other criminal offense in which possession, delivery or production of
marijuana is an element if the following conditions have been satisfied:
(a)(A) The person holds a registry identification card issued pursuant to this section, has applied
for a registry identification card pursuant to subsection (9) of this section, is the designated primary
caregiver of the cardholder or applicant, or is the person responsible for a marijuana grow site that
is producing marijuana for the cardholder and is registered under ORS 475.304; and
[(b)] (B) The person who has a debilitating medical condition, the person's primary caregiver
and the person responsible for a marijuana grow site that is producing marijuana for the cardholder
and is registered under ORS 475.304 are collectively in possession of, delivering or producing
marijuana for medical use in amounts allowed under ORS 475.320[.]; or
(b) The person is responsible for or employed by a medical marijuana facility registered
under section 2 of this 2013 Act and does act commit any of the acts described is this sub.
section anywhere other than at the medical marijuana facility.
(2) The Oregon Health Authority shall establish and maintain a program for the issuance of
registry identification cards to persons who meet the requirements of this section. Except as pro-
vided in subsection (3) of this section, the authority shall issue a registry identification card to any
person who pays a fee in the amount established by the authority and provides the following:
(a) Valid, written documentation from the person's attending physician stating that the person
has been diagnosed with a debilitating medical condition and that the medical use of marijuana may
mitigate the symptoms or effects of the person's debilitating medical condition;
(b) The name, address and date of birth of the person;
(c) The name, address and telephone number of the person's attending physician;
(d) The name and address of the person's designated primary caregiver, if the person has des-
ignated a primary caregiver at the time of application; and
(e) A written statement that indicates whether the marijuana used by the cardholder will be
produced at a location where the cardholder or designated primary caregiver is present or at an-
other location.
(3) The authority shall issue a registry identification card to a person who is under 18 years of
age if the person submits the materials required under subsection (2) of this section, and the custo-
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dial parent or legal guardian with responsibility for health care decisions for the person under 18
years of age signs a written statement that
(a) The attending physician of the person under 18 years of age has explained to that person
and to the custodial parent or legal guardian with responsibility for health care decisions for the
person under 18 years of age the possible risks and benefits of the medical use of marijuana;
(b) The custodial parent or legal guardian with responsibility for health care decisions for the
person under 18 years of age consents to the use of marijuana by the person under 18 years of age
for medical purposes;
(c) The custodial parent or legal guardian with responsibility for health care decisions for the
person under 18 years of age agrees to serve as the designated primary caregiver for the person
under 18 years of age, and
(d) The custodial parent or legal guardian with responsibility for health care decisions for the
person under 18 years of age agrees to control the acquisition of marijuana and the dosage and
frequency of use by the person under 18 years of age.
(4) A person applying for a registry identification card pursuant to this section may submit the
information required in this section to a county health department for transmittal to the authority.
A county health department that receives the information pursuant to this subsection shall transmit
the information to the authority within five days of receipt of the information. Information received
by a county health department pursuant to this subsection shall be confidential and not subject to
disclosure, except as required to transmit the information to the authority.
(5)(a) The authority shall verify the information contained in an application submitted pursuant
to this section and shall approve or deny an application within thirty days of receipt of the appli-
cation.
(b) In addition to the authority granted to the authority under ORS 475.316 to deny an applica-
tion, the authority may deny an application for the following reasons:
(A) The applicant did not provide the information required pursuant to this section to establish
the applicant's debilitating medical condition and to document the applicant's consultation with an
attending physician regarding the medical use of marijuana in connection with such condition, as
provided in subsections (2) and (3) of this section;
(B) The authority determines that the information provided was falsified; or
(C) The applicant has been prohibited by a court order from obtaining a registry identification
card.
(c) Denial of a registry identification card shall be considered a final authority action, subject
to judicial review. Only the person whose application has been denied, or, in the case of a person
under the age of 18 years of age whose application has been denied, the persons parent or legal
guardian, shall have standing to contest the authority's action.
(d) Any person whose application has been denied may not reapply for six months from the date
of the denial, unless so authorized by the authority or a court of competent jurisdiction.
(6)(a) If the authority has verified the information submitted pursuant to subsections (2) and (3)
of this section and none of the reasons for denial listed in subsection (5)(b) of this section is appli-
cable, the authority shall issue a serially numbered registry identification card within five days of
verification of the information. The registry identification card shall slate:
(A) The cardholders name, address and date of birth;
(B) The date of issuance and expiration date of the registry identification card;
(C) The name and address of the persons designated primary caregiver, if any;
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(D) Whether the marijuana used by the cardholder will be produced at a location where the
cardholder or designated primary caregiver is present or at another location; and
(E) Any other information that the authority may specify by rule.
(b) When the person to whom the authority has issued a registry identification card pursuant
to this section has specified a designated primary caregiver, the authority shall issue an identifica-
tion card to the designated primary caregiver. The primary caregiver's registry identification card
shall contain the information provided in paragraph (a) of this subsection.
(7)(a) A person who possesses a registry identification card shall:
(A) Notify the authority of any change in the person's name, address, attending physician or
designated primary caregiver.
(B) If applicable, notify the designated primary caregiver of the cardholder, [and] the person
responsible for the marijuana grow site that produces marijuana for the cardholder and any person
responsible for a medical marijuana facility that transfers usable marijuana to the
cardholder under section 2 of this 2013 Act of any change in status including, but not limited to
(i) The assignment of another individual as the designated primary caregiver of the cardholder;
(ii) The assignment of another individual as the person responsible for a marijuana grow site
producing marijuana for the cardholder; or
(iii) The end of the eligibility of the cardholder to hold a valid registry identification card.
(C) Annually submit to the authority:
(i) Updated written documentation from the cardholder's attending physician of the person's
debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or
effects of the person's debilitating medical condition; and
(ii) The name of the person's designated primary caregiver if a primary caregiver has been
designated for the upcoming year.
(b) Ifs person who possesses a registry identification card fails to comply with this subsection,
the card shall be deemed expired. If a registry identification card expires, the identification card of
any designated primary caregiver of the cardholder shall also expire.
(8)(a) A person who possesses a registry identification card pursuant to this section and who
has been diagnosed by the person's attending physician as no longer having a debilitating medical
condition or whose attending physician has determined that the medical use of marijuana is
contraindicated for the person's debilitating medical condition shall return the registry identification
card and any other associated Oregon Medical Marijuana Program cards to the authority within 30
calendar days of notification of the diagnosis or notification of the contraindication.
(b) If, due to circumstances beyond the control of the registry identification cardholder, a
cardholder is unable to obtain a second medical opinion about the cardholder's continuing eligibility
to use medical marijuana before the 30 -day period specified in paragraph (a) of this subsection has
expired, the authority may grant the cardholder additional time to obtain a second opinion before
requiring the cardholder to return the registry identification card and any associated cards.
(9) A person who has applied for a registry identification card pursuant to this section but
whose application has not yet been approved or denied, and who is contacted by any law enforce-
ment officer in connection with the person's administration, possession, delivery or production of
marijuana for medical use may provide to the law enforcement officer a copy of the written doc-
umentation submitted to the authority pursuant to subsection (2) or (3) of this section and proof of
the date of mailing or other transmission of the documentation to the authority. This documentation
shall have the same legal effect as a registry identification card until such time as the person re
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ceives notification that the application has been approved or denied.
(10)(a) A registry identification cardholder has the primary responsibility of notifying the des.
ignated primary caregiver [and], the person responsible for the marijuana grow site that produces
marijuana for the cardholder and any person responsible for a medical marijuana facility that
transfers usable marijuana to the cardholder under section 2 of this 2013 Act of any change
in status of the cardholder.
(b) If the authority is notified by the cardholder that a primary caregiver or person responsible
for a marijuana grow site has changed, the authority shall notify the primary caregiver or the per-
son responsible for the marijuana grow site by mail at the address of record confirming the change
in status and informing the caregiver or person responsible for the marijuana grow site that their
card is no longer valid and must be returned to the authority.
(c) If the authority is notified by the cardholder that a medical marijuana facility au.
thorized to transfer usable marijuana to the cardholder has changed, the authority shall
notify each person responsible for a medical marijuana facility authorized to transfer usable
marijuana to the cardholder by mail at the address of record confirming the change in status
and informing the person responsible for the medical marijuana facility that the person is
no longer authorized to transfer usable marijuana to the cardholder.
(11) The authority shall revoke the registry identification card of a cardholder if a court has
issued an order that prohibits the cardholder from participating in the medical use of marijuana or
otherwise participating in the Oregon Medical Marijuana Program under ORS 475.300 to 475.346.
The cardholder shall return the registry identification card to the authority within seven calendar
days of notification of the revocation. If the cardholder is a patient, the patient shall return the
patient's card and all other associated Oregon Medical Marijuana Program cards.
(12) The authority and employees and agents of the authority acting within the course and scope
of their employment are immune from any civil liability that might be incurred or imposed for the
performance of or failure to perform duties required by this section.
SECTION 6. ORS 475.320 is amended to read:
475.320. (1)(a) A registry identification cardholder or the designated primary caregiver of the
cardholder may possess up to six mature marijuana plants and 24 ounces of usable marijuana.
(b) Notwithstanding paragraph (a) of this subsection, if a registry identification cardholder has
been convicted of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II, the registry identification cardholder
or the designated primary caregiver of the cardholder may possess one ounce of usable marijuana
at any given time for a period of five years from the date of the conviction.
(2) A person authorized under ORS 475.304 to produce marijuana at a marijuana grow site
(a) May produce marijuana for and provide marijuana:
(A) To a registry identification cardholder or [that person's] a cardholder's designs ted primary
caregiver as authorized under this section[.]; or
(B) If the marijuana is usable marijuana and the registry identification cardholder re.
quests that the person responsible for the grow site transfer the usable marijuana to a
medical marijuana facility registered under section 2 of this 2013 Act, to the medical
marijuana facility.
(b) May possess up to six mature plants and up to 24 ounces of usable marijuana for each
cardholder or caregiver for whom marijuana is being produced.
(c) May produce marijuana for no more than four registry identification cardholders or desig-
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noted primary caregivers concurrently.
(d) Must obtain and display a marijuana grow site registration card issued under ORS 475.304
for each registry identification cardholder or designated primary caregiver for whom marijuana is
being produced.
(e) Must provide all marijuana produced for a registry identification cardholder or designated
primary caregiver to the cardholder or caregiver at the time the person responsible for a marijuana
grow site ceases producing marijuana for the cardholder or caregiver.
(f) Must return the marijuana grow site registration card to the registry identification
cardholder to whom the card was issued when requested to do so by the cardholder or when the
person responsible for a marijuana grow site ceases producing marijuana for the cardholder or
caregiver.
(3) Except as provided in subsections (1) and (2) of this section, a registry identification
cardholder, the designated primary caregiver of the cardholder and the person responsible for a
marijuana grow site producing marijuana for the registry identification cardholder may possess a
combined total of up to six mature plants and 24 ounces of usable marijuana for that registry iden-
tification cardholder.
(4)(a) A registry identification cardholder and the designated primary caregiver of the
cardholder may possess a combined total of up to 18 marijuana seedlings or starts as defined by rule
of the Oregon Health Authority.
(b) A person responsible for a marijuana grow site may possess up to 18 marijuana seedlings or
starts as defined by rule of the authority for each registry identification cardholder for whom the
person responsible for the marijuana grow site is producing marijuana.
SECTION 7. ORS 475.323 is amended to read:
475.323. (1) Possession of a registry identification card lor], designated primary caregiver iden-
tification card pursuant to ORS 475.309 or proof of registration under section 2 of this 2013 Act
does not alone constitute probable cause to search the person or property of the cardholder or
otherwise subject the person or property of the cardholder to inspection by any governmental
agency.
(2) Any property interest possessed, owned or used in connection with the medical use of
marijuana or acts incidental to the medical use of marijuana that has been seized by state or local
law enforcement officers may not be harmed, neglected, injured or destroyed while in the possession
of any law enforcement agency. A law enforcement agency has no responsibility to maintain live
marijuana plants lawfully seized. No such property interest may be forfeited under any provision of
law providing for the forfeiture of property other than as a sentence imposed after conviction of a
criminal offense Usable marijuana and paraphernalia used to administer marijuana that was seized
by any law enforcement office shall be returned immediately upon a determination by the district
attorney in whose county the property was seized, or the district attorney's designee, that the per-
son from whom the marijuana or paraphernalia used to administer marijuana was seized is entitled
to the protections contained in ORS 475.300 to 475.346. The determination may be evidenced, for
example, by a decision not to prosecute, the dismissal of charges or acquittal.
SECTION S. ORS 475.331 is amended to read:
475.331. (1)(a) The Oregon Health Authority shall create and maintain a list of the persons to
whom the authority has issued registry identification cards, the names of any designated primary
caregivers and the addresses of authorized marijuana grow sites and medical marijuana facilities
registered under section 2 of this 2013 Act. Except as provided in subsection (2) of this section,
191
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HE 3460
1 the list shall be confidential and not subject to public disclosure.
2 (b) The authority shall develop a system by which authorized employees of state and local law
3 enforcement agencies may verify at all times that a person is a lawful possessor of a registry iden-
4 tification card or the designated primary caregiver of a lawful possessor of a registry identification
5 card or that a location is an authorized marijuana grow site or registered medical marijuana fa.
6 cllity.
7 (2) Names and other identifying information from the list established pursuant to subsection (1)
8 of this section may be released to
9 (a) Authorized employees of the authority as necessary to perform official duties of the author
10 ity; and
11 (b) Authorized employees of state or local law enforcement agencies, only as necessary to verify
12 that a person is a lawful possessor of a registry identification card or the designated primary
13 caregiver of a lawful possessor of a registry identification card or that a location is an authorized
14 marijuana grow site or registered medical marijuana facility. Prior to being provided identifying
15 information from the list, authorized employees of state or local law enforcement agencies shall
16 provide to the authority adequate identification, such as a badge number or similar authentication
17 of authority.
is (3) Authorized employees of state or local law enforcement agencies that obtain identifying in-
19 formation from the list as authorized under this section may not release or use the information for
20 any purpose other than verification that a person is a lawful possessor of a registry identification
21 card or the designated primary caregiver of a lawful possessor of a registry identification card or
22 that a location is an authorized marijuana grow site or registered medical marijuana facility.
23 SECTION 9. (1) Sections 1 and 2 of this 2013 Act and the amendments to ORS 475.302,
z4 475.304, 475.309, 475.320, 475.323 and 475.331 by sections 3 to 8 of this 2013 Act become opera.
25 live on January 1, 2014.
26 (2) The Oregon Health Authority may take any action before the operative date specified
27 in subsection (1) of this section to enable the authority to exercise, on and after the opera.
28 live date specified in subsection (1) of this section, all of the duties, functions and powers
29 conferred on the authority by sections 1 and 2 of this 2013 Act and the amendments to ORS
30 475.302, 475.304, 475.309, 475.320, 475.323 and 475.331 by sections 3 to 8 of this 2013 Act.
31 SECTION 10. This 2013 Act being necessary for the immediate preservation of the public
32 peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect
33 on its passage.
34
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[10]
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1,000 Ft. Buffer Around Central Point Schools
a
ORDINANCE NO.
AMENDING CHAPTER 5.04 OF
THE CENTRAL POINT MUNICIPAL CODE TO ADD
UNLAWFUL ACTIVITY AND OTHER ADMINISTRATIVE CHANGES
Recitals:
A. Words °a..,. :raugmare to be deleted and words in bold are added.
R
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
Section I. Section 5.04.010, 5.04.030, 5.04.050, and 5.04.091 of the Central Point
Municipal Code are amended to read:
Chapter 5.04
BUSINESS LICENSES
Sections:
5.04.010
Definitions
5.04.030
Business licenses required
5.04.050
Issuance
5.04.091
cc n^.095
Exceptions
Spec,a,z,. Put,
5.04.010 Definitions.
The following terms as used in this chapter shall have the meanings assigned to them:
A.'Businesti' means any activity carried on with the intent:
I. That a profit be realized therefrom; and
2. That the profit, if any, inures to the benefit of the owner or owners of the activity.
B. `Profit' means the excess of gross receipts over expense.
CAP102413 Page 56
C. "Expenses" means the cost of goods sold, the expense of services rendered and all
other expenses or disbursements, accrued or otherwise, ordinarily incidental to the
operation of a business.
D. "Doing or transacting business" means any act or series of acts performed in the
course or pursuit of a business activity.
E. "City designee" means a person duly authorized by the city manager to conduct the
processing of business license applications.
F. "Unlawful Activity" means any activity or business which is in violation of local,
state or federal law.
5.04.030 Business licenses required.
A. No person, for themselves or as agent or employee of another, shall do business within
the city unless such business has been duly licensed within this chapter and the license is
valid at the time of the transaction of business.
B. No business license shall be required for the operation of a "residential home" or a
"residential facility," as those terms are defined in Oregon Revised Statutes 197.660.
C. No business license shall be issued to any person or entity engaged in a business
that does not comply with local, state and /or federal law or which engages in
unlawful activity.
5.04.050 Issuance.
Upon receipt of a business license application and the required fee, the same shall be
forwarded to the city designee who will cause the application to be reviewed by the
appropriate members of the city staff for compliance by the proposed business with all
applicable charter and ordinance provisions including, but not limited to, building, zoning
and public safety ordinances and compliance with any other applicable local, state
and /or federal laws. Upon approval for compliance, the application will then be
forwarded to the city designee who shall issue a business license to the applicant.
Licenses so issued shall be valid until the thirtieth day of June following the date of
issuance of the license (licenses .. • before September 30 1995 shall be N alid). In the
event an application is denied for noncompliance of the proposed business with city
charter, or ordinance, local, state and /or federal laws proN isions, the applicant shall
have the right to appeal said denial to the city council at the next regularly scheduled
council meeting.
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5.04.091 Exceptions.
The terms and provisions of this chapter shall not apply to the following businesses or
activities, which shall be governed by the sections of this code indicated:
A. Dances, Section 5.08.020.
B. Not for profit organizations, requesting a temporary permit for seasonal sales, when
the time period for such sales does not exceed thirty days in an annual permit period The
applicant shall provide the city with documentation of its non -profit status and written
permission from the owner(s) of the property on which the sales are to be conducted.
C. Yard Sales, Section 5.06
D. Special Events, Section 5.42
Section 2. Section 5.04.095 Special events of the Central Point Municipal Code is hereby
deleted. Special Events are now covered in Chapter 5.42 Special Event Permits.
Sections:
5.04.095 Special events
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Passed by the Council and signed by me in authentication of its passage this
day of , 20
Mayor Hank Williams
ATTEST:
City Recorder
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