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HomeMy WebLinkAboutCAP072414Central Point City Hall 541- 664 -3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward 11 Kelly Geiger Ward III Ellie George Ward IV Allen Broderick At Large David Douglas Rick Samuelson Administration Chris Clayton, City Manager Deanna Casey, City Recorder Community Development Tom Humphrey, Director Finance Bev Adams Director Human Resources Barb Robson, Director Parks and Public Works Matt Samitore, Director Jennifer Boardman, Manager Police Kris Allison Chief CITY OF CENTRAL POINT City Council Meeting Agenda July 24, 2014 Next Res. 1405 Next Ord. 1991 I. REGULAR MEETING CALLED TO ORDER -7:00 P.M. II. PLEDGE OF ALLEGIANCE III�:U71iroL11R IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment on items that are not on the agenda. V. SPECIAL PRESENTATION — Fire District No. 3 Quarterly Report VI. CONSENTAGENDA Page 7 -12 A. Approval of July 10, 2014 Cou ncil Min utes 13 B. Approval for Street Closure for D.A.R.E Cruise 14-15 C. Approval of OLCC Application — Big Town Hero 16-17 D. Approval of OLCC Application - Walgreens VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 19 -31 A. First Reading — An Ordinance Establishing Central Point Municipal Code Chapter 3.30 Marijuana and Marijuana Infused Product Tax (Clayton) 33 -48 B. Second Reading — Ordinance No. _ _, Amending CPMC Chapter 15.04, Building Code; Chapter 15.12, Plumbing Code; Chapter 15.22, Privately Owned Swimming Pools; and Chapter 15.32 House Numbering (Humphrey) 50 -56 C. First Reading /Public Hearing — Ordinance Amending Central Point Municipal Code 17.60 by Adding Provisions for Interim Water Service and Development Standards for Land within the Tolo Area (CP -1B Urban Reserve (Humphrey) 58-92 D. Resolution No. , Adopting an Agreement between Twin Creeks Development Co., LLC and the City of Central Point (Humphrey) IX. BUSINESS 94 -95 A. Battle ofthe Bones Financial Report (Samitore /Adams) X. MAYOR'S REPORT XI. CITY MANAGER'S REPORT XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION The City Council may adjourn to executive session underthe 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 Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast.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 Special Presentation Fire District No. 3 CAP072414 Page 1 Jackson County Fire District 3 8383 Agate Road White City, OR 97503 -1075 (541) 826 -7100 (Office) (541) 826 -4566 (Fax) www.icfd3.com TO: Board of Directors FROM: Dan Petersen, Fire Chief Stacy Maxwell, Chief Finance Officer John Patterson, Deputy Chief / Fire Marshal Rod Edwards, Interim Deputy Chief of Operations Dave Blakely, Division Chief of Training DATE July 17, 2014 RE: Staff Recommendations on ESCi Study pre%8VIII, I ���3' i 5 1 The purpose of this memo is to provide you with the executive team's analysis of the ESCi cooperative services report and a recommendation for the next step by the District. Staff is pleased that the District evaluated the concept and effectively analyzed an idea that has been studied since the Rogue Valley Council of Governments conducted the first known study in the late 1960's. Staff believes that the efforts have increased our confidence in how to best serve our patrons. Although the District is a healthy and well- functioning agency, it is good for government to ask tough questions and work through the process with a focus on the most cost effective and efficient service possible for the community. The District engaged effectively during this discussion. Communication with the organization was exceptional between the Board of Directors, staff, and the labor union. All our personnel demonstrated a willingness to maintain an open mind and displayed a strong regard for our community's needs. Their inputs on the concept and process were thoughtful and insightful. Each of you as Directors were respectful and encouraging to all staff during this process, we thank you for your commitment to the organization and to the community. After a full review of the ESCi report, the completion of thejoint management team analysis, and an accounting of the current issues and concerns expressed by some stakeholders in Medford and MRFPD 2, Staff recommends that Fire District 3 explore opportunities for additional cooperative services with the City of Medford but not to engage in functional unification, contract, or annexation. Staff feels that expanding cooperative services with Medford Fire Rescue in a manner that allows both agencies to maintain independent organizations and leadership will provide the best opportunity to be successful in maximizing the service to our patrons in a safe and effective manner. The following sections of this report provide the background for our recommendation. CAP072414 Page Page Fire District 3 Staff Recommendation on ESCi Study ESO Report: The ESCi report identified four options forthe District and the City to consider. Status quo was identified as an option that maintains and builds upon the value derived from existing shared services. The otherth ree options are effectively a process that begins with functional unification. If functional unification proves successful; ESCi recommends the City contract with 1CFD3. If the contract proves successful; ESCi recommends annexation of the City of Medford into 1CFD3. ESCi believes the total savings forthe first three years to be approximately 2.3 million dollars. Over a ten year period, they recommend the elimination of 4.5 positions for a total savings of approximately 11.5 million. Analysis: The management teams from Fire District 3 and Medford Fire Rescue were asked to complete an analysis of functional unification. Each department jointly identified the opportunities, challenges, strategies to overcome challenges, support staff needs, and potential for success in their functional area. In addition, the CFOs for both agencies were asked to review the financial analysis provided by ESCi. The joint management report was designed to allow the staff who actually lead the two organizations to work together and evaluate where they believe they could be most successful with ESA's recommendation of functional unification. Their effort shows considerable opportunities and some formidable challenges The joint management group was organized into teams based on their functional area. The functional teams identified effective strategies that could overcome most of the challenges with functional unification and identified several additional cooperative service opportunities should the two agencies remain independent. The functional teams recommended that a Fire Chief position and a half time staff assistant could be eliminated through unification. The teams recommend that the additional position eliminations identified by ESCi would be better served by being re- purposed, thereby reducing duplication of work and increasing the efficiency and productivity of staff for slightly less cost overall. With all positions identified in the ESCi study eliminated the Finance Directors in Medford and Fire District 3 estimate the savings at $6.5 million over ten year period, not $11.5 million. Following the functional teams recommendations of eliminating two positions, the total annual savings for both jurisdictions combined through position eliminations were estimated by the Finance Directors at $220,000 or $2,200,000 over a ten year period. The following positions could transition to provide added capacity to both agencies: • An Operations Chief position transitioning to a Deputy Operations Chief that assists the Operations Chief and manages specialty functions such as EMS, Haz Mat, and Technical Rescue would improve both jurisdictions leadership in these areas and reduce the administrative assignments currently managed by shift Battalion Chiefs. CAP072414 Page Page Fire District 3 Staff Recommendation on ESCi Study • A Fire Marshal management position transitioning to a less administrative role to provide additional capacity in areas such as fire and life safety plan review, economic development, and standardization of code adoption in both jurisdictions. • A Training Chief position transitioning to a less administrative role to allow for more hands on instructional support and delivery. • A Support Staff position transitioning to a logistics delivery person operating from a central warehouse would improve the abilityfor both jurisdictions to meet the inventory control and supply system needs identified in the ESO study. The contract method (Strategy C) identified in the report was not consistent with the "Fire Authority" method that was discussed during Fire District 3 public meetings. In a "Fire Authority" model, the City and District could form a new entity that both the City and District would contract with. This new governing body would select its Fire Chief and operate under an intergovernmental agreement (ORS 190). While functional unification and "Fire Authority' are feasible and offer opportunities for increased capacity with some savings, Staff is of the opinion that a shared management team would not be successful today given the issues and concerns expressed by some stakeholder groups in Medford and Medford Rural Fire Protection District 2. The perceptions these stakeholders have of the process have made a collaborative approach to this discussion difficult and would require significant time and effort to resolve. This effort would substantially distract the District from working on the strategic plan adopted for the communities we serve. Recommendation: Staff recommends that Fire District 3 explore opportunities for additional cooperative services with the City of Medford but not to engage in functional unification, contract, or annexation. Staff feels that expanding cooperative services with Medford Fire Rescue in a manner that allows both agencies to maintain independent organizations and leadership will provide the best opportunity to be successful in maximizing the service to our patrons in a safe and effective manner. Staff recommends we continue with the agreements and joint processes in place today and consider expanding our cooperation in some areas. The following areas for expanded cooperative services are based on the joint management team's analysis: Prevention 1. Standardize specific standard operating guidelines. 2. Establish a regional fire investigation duty plan, consider an IGA in the future 3. Continued cooperation in Public Education. 4. Establish an IGA to address youth fire prevention and intervention (Fire setting). 5. Establish monthly meetings to share expertise, experience and work through issues. CAP072414 Page Page 3 Fire District 3 Staff Recommendation on ESCi Study Operations: 1. Enhance the value of the Dual- Battalion Chief response. Establish a ride -along system for City and District BCs to spend time together in each other's response areas. 2. Consider swapping Battalion Chief coverage areas for periods of time to allow the Battalion Chiefs to interact with neighboring crews. 3. Change the Strike Team/Task Force Leader annual rotation from alternating agency responsibility to a constant dual agency response —one Battalion Chief or Acting Battalion Chief from each department responding together. 4. Establish some exploratory joint committee- level meetings, such as for Personal Protective Equipment (PPE) and Emergency Medical Services (EMS). 5. Establish quarterly Battalion Chief -level training that allows the Battalion Chiefs, Acting Battalion Chiefs, and Operations personnel to spend afew dedicated hours togetherfor Operations -level training. Use move -up personnel forcoverage and ensure they are rotated in forthe next training session. 6. Explore the advantages of using one TeleStaff system. 7. Create an interagency ride -along / shadow program for personnel involved in career development and advancement. 8. Develop a complete and functional set of joint operational guidelines. Training: 1. "Blend" the MFR and JCFD3 training committees. 2. Operate with a single set of performance guidelines in one performance manual. 3. Share training resources such as training leads, block scheduling, etc... 4. Operate with a single training plan. S. Establish web conferencing for all crews. 6. Explore the use of a blackboard learning system. Logistics: 1. Explore the standardization of operational equipment to allow for greater efficiency while working together on emergency incidents. 2. Explore opportunities forjoint purchasing to improve purchasing power and reduce costs. Return to Agenda CAP072414 Page Page 4 Consent Agenda CAP072414 Page CITY OF CENTRAL POINT City Council Meeting Minutes July 10, 2014 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, Kelly Geiger, and Rick Samuelson were present. David Douglas and Ellie George were absent. City Manager Chris Clayton; City Attorney Sydnee Dreyer; Police Chief Kris Allison; Community Development Director Tom Humphrey; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES - None V. SPECIAL PRESENATION — SWEARING IN NEW OFFICERS Police Chief Kris Allison introduced Robert Mannenbach, Chad Prins, and Mike Jones to the Council. She explained their background and when they began with the City. The officers were joined by their wives and family. She explained that the custom for the City of Central Point to swear in our officers in front of the City Council is to reinforce their promise to honor the City of Central Point, the State of Oregon and Federal rules and regulations. VI. CONSENT AGENDA A. Approval of June 26, 2014 City Council Minutes Bruce Dingier moved to approve the Consent Agenda as presented. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. VII. ITEMS REMOVED FROM CONSENT AGENDA - None VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Second Reading, Ordinance No. 1990, An Ordinance Amending CPMC 9.68.230 Smoking in Park Facilities City Manager Chris Clayton explained the back ground and reason for implementing this smoking ban in City Parks. After consideration of staff time and city money, the Parks Commission recommended approval of an ordinance banning smoking from Central Point Parks. CAP072414 Page City "f c,0, d PC, n t City cc?"C"l Min utc. July 10, 2014 Pngc 2 At the first reading the Council wanted to see a broader definition of "Smoke Free' to include anything that would simulate smoking of tobacco or other substances. Those changes have been incorporated into the ordinance. Allen Broderick moved to approve Ordinance No. 1990, Amending CPMC 9.68.230 Smoking in Park Facilities. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. B. First Reading, An Ordinance Amending Chapter 15.04, Building Code; Chapter 15.12, Plumbing Code; Chapter 15.22, Privately Owned Swimming Pools; and Chapter 15.32 House Numbering Community Development Director Tom Humphrey explained the recommended amendments are to numerical code references and formatting revisions. Some additional recommendations were added by the Planning Commission that revise the code that is no longer applicable or outdated. The proposed changes have been reconsidered by the City's Building Official who compared our code with the latest updates of the Oregon Structural Specialty Code, the Oregon Mechanical Specialty Code and the Oregon Energy Efficiency Specialty Code. There are no significant changes with these revisions. There was discussion regarding the outdated penalty fee in 5.32.060. This section should be corrected and refer to the general penalty listed in Central Point Municipal Code 1.16.010. There was also discussion regarding how large a swimming pool has to be in order to require a permit. The CPMC states that any swimming pool deeper than 24 inches requires a permit and inspection. Mayor Williams opened the Public Hearing, no one came forward and the public hearing was closed. Kelly Geiger made a motion to move to second reading An Ordinance Amending Chapter 15.04, Building Code; Chapter 15.12, Plumbing Code; Chapter 15.22, Privately Owned Swimming Pools and Chapter 15.32 House Numbering with the recommended changes to 15.32.060. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. C. Resolution Ratifying the General Service Collective Bargaining Agreement and Authorizing the Mayor and City Manager to Sign the Agreement Mr. Clayton explained that the resolutions to ratify the general service collective bargaining agreement and updated pay plan have been removed from tonight's agenda because the general service union members voted not to ratify the tentatively agreed to successor collective bargaining agreement. Due to the CAP072414 Page City "f c,0, d PC, n t City cc?" C"I Min utc. July 10, 2014 Pngc 3 overlap between the union's ratification vote on July 8" and the deadline of July 2 "a for submitting materials for tonight's agenda, these two items were submitted prior to the ratification vote being taken with the understanding that if the agreement was not ratified by the union it would be pulled from tonight's agenda. The apparent basis for the union rejecting the agreement involves language issues only, not pay and benefits, the HR Director and Teamsters business agent are confident the an agreement can be reached prior to the July 24" Council Meeting at which time these two items will be resubmitted for consideration. D. Resolution Revising the Classification Pay Plan Item removed. IX. BUSINESS A. Planning Commission Report Mr. Humphrey presented the Planning Commission reportfor July 1, 2014. • The Commission considered a tentative plan for the North Village Phases I, II, and IV, in the Twin Creeks TOD. The project area is located in the TOD- LMR, and TOD -Open Space districts. The tentative plan application replicates the subdivision of 45.5 acres which the City approved in 2005 but then expired after several extensions. The creation of new residential lots in the North village has been complicated following the adoption of new FEMA Flood maps. The Commission was apprised of the FEMA process and the applicant's efforts to revise the flood maps. They agreed with staffs strategy to proceed with Phase IV first with FEMA;s preliminary approval and subsequent phases based upon mitigation and a final Letter of Map Revision (LOMR). The Commission voted unanimously to approve the tentative plan subject to the conditions recommended by staff. • The Commission considered an Ordinance to amend CPMC Title 15 regarding Buildings and Construction, to conform to State Building Code Revisions and Updates. The commission reviewed changes proposed by staff which was originally introduced in June. The additional review and revisions by the Public Works Department addressed questions raised at the June meeting. The Commission voted unanimously to recommend approval of the Title 15 Changes to the City Council. B. Bid Award for 2014 Street Inlay /Preservation Projects Mr. Clayton explained that the bids for pavement preservation for asphalt removal and inlay. The base bid for the package includes from Cupp Drive to E. Pine on S. Front Street in both directions as well as the south travel lane /left lane of N. Haskell adjacent to Quality Fence and Mae Richardson Elementary School. Add -ons would include the remainder of S. Front, S. Haskell and S. Penninger. Add -ons would only be included if budget allows. CAP072414 Page City "f c,0, d PC, n t City cc?" C"I Min utc. July 10, 2014 Pngc 4 The bid opening was today at 3:00 pm. There was only one bid for this project. LTM /Knife River provided a bid that will work within the budget for a total of $278,275. This does not include the alternative projects. Staff will keep an eye on the cost of the projects and if budget allows will add the alternative packages. There was discussion of repairs to West Pine Street. Mr. Clayton explained that this is a county road and the City cannot make repairs to it. The Council would like staff to work on a trade with the County so that we can get this street under our control. Kelly Geiger moved to award the 2014 Street inlay /street preservation projects to Knife River. Rick Samuelson seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; and Rick Samuelson, yes. Motion approved. X. MAYOR'S REPORT Mayor Williams reported that he attended the Study Session; 4" of July Festivities all day; and a ribbon cutting for the completion of the Green Way. XI. CITY MANAGER'S REPORT City Manager Chris Clayton reported that: • The Twin Creeks Agreement should be coming to the Council for approval at the second meeting in July. • Staff is working on a Marijuana Tax Ordinance to bring to Council in two weeks. If the Council wishes to go this direction it should be in place prior to the November election. • City Attorney Sydnee Dreyer recommends updates to the Hotel Motel Tax Ordinance in order to be consistent with new language. She will also be working on changes to the Adult Business License Code. • A conceptual design for RCC to locate in Central Point was provided to the RCC Board. They will be discussing options in the near future. • At the Study Session the Council was not in favor of restructuring the Cities Debt. The Finance Director spoke with the bank and they are willing to leave the debt with current structure but financed at a lower rate. Council was in favor of this option. XII. COUNCIL REPORTS Council Member Allen Broderick reported that he volunteered at the Battle of the Bones; attended the study session; and attended the Red, White and Boom. Council Member Kelly Geiger reported that he: • Attended the Chamber Board meetings regarding the Parade for the 4" of July. The Parade went well considering they didn't have an organizer. The Chamber Board has decided to pursue charges regarding an employee. They are dealing with IRS issues because of that employee. They have begun CAP072414 Page 10 City "f c,0, d PC, n t City cc?" C"I Min utc. July 10, 2014 Pngc r recruitment to fill the Chamber Director position and will be including the City and the Expo in those interviews. • He will not be running for the Ward II position. He needs to take time for his business and family. Council Member Rick Samuelson reported that he attended the Study Session; Fun Run and festivities in the Park; and has been reviewing information regarding the City Website. Council Member Bruce Dingler stated that he attended the Study Session and the fireworks in Twin Creeks. XIII. DEPARTMENT REPORTS Police Chief Kris Allison reported that: • The 4t' of July events went very smooth all day. We are starting to be recognized as a destination place for the 4t' of July. In her estimates there were $40,000 people in Central Point throughout that day. • She is bringing a vicious dog ordinance to the Council for consideration. She has been reviewing the statistics on aggressive dogs over the last year and it is a larger issue then she realized. Council would like to see a draft ordinance at a study session. • Next week is the Jackson County Fair, it will be hot and a lot of people will be coming to our City. • She was able to check on the block party request on Arroyo during the 4t' of July, they had no issues that staff is aware of. Community Development Director Tom Humphrey reported that: • Dairy Queen has officially submitted a site plan. They are currently being reviewed by the City. • The Point Pub and Grill and Bobbio's have been approved for a sidewalk cafe and can now serve food and alcohol in the public right of way. • He was able to get a tentative schedule for processing the UGB expansion with the County. There should be joint meetings in October, November and December with Jackson County. • Noah's Arc has evolved into an accredited school. They are hoping to teach 1'' -4t' grade at the Church. There may be structural issues and that location is not zoned for a school. The church has been grandfathered in but a school could be a violation. The Building Official will be inspecting the church to make sure it is structurally sound for this use. But there may be issues regarding the rapacity. Staff will keep the Council updated as this request moves forward. City Attorney Sydnee Dreyer reported that she will be out of town for the next Council Meeting. Darrell Jarvis will be covering for her and she will update him on the Marijuana Tax and any other issues that might come before the Council on the 24t'. XIV. EXECUTIVE SESSION CAP072414 Page 11 City "f c,0, d PC, n t City cc?" C"I Min utc. July 10, 2014 Pngc ti Allen Broderick moved to adjourn to Executive Session under ORS 192.660 (2)(h) Legal Counsel. Kelly Geiger seconded. The regular meeting of the City Council adjourned into Executive Session at 8:25 p.m. The Council returned to regular session at 8:49, no further action was taken. XV. ADJOURNMENT Rick Samuelson moved to adjourn, Kelly Geiger seconded, all said "aye" and the Council Meeting was adjourned at 8:50 p.m. The foregoing minutes of the July 10, 2014, Council meeting were approved by the City Council at its meeting of July 24, 2014. onmill Mayor Hank Williams ATTEST: City Recorder Return to Agenda CAP072414 Page 12 Memo To: Central Point City Council From: Police Office Manager Bobbie Pomeroy Date: 05/20/2014 Re: Close down E. Pine St from Hwy 99 to N. 1& St Central Point City Council, Greetings, I am writing this memo to request your permission in closing dawn East Pine St. from Hwy 99 to North 10" St. between 1700 and 2200 hours on August 9 "', 2014, Saturday for the 16" annual D.A.R.E to CRUISE fundraiser. The request to close down E. Pine St., during this time period is to consider the safety of the cruise participants and spectators. Thank you. Sincerely, �J !� // / LC Bobbie Pomeroy Police Office Manager CAP072414 Page 13 155 south second street • Central Point, OR 97502 Kristine Allison Ph: (541) 664 -5578 • Fax: (541) 664 -2705 • v .centralpointoregon.gov Chief Date: 07/14/2014 From: Chief Kristine Allison To: Honorable Mayor Williams Subject: Request for OLCC License RE: Big Town Hero / Persons associated therewith Files of the Central Point Police Department contain no information pertinent to the request. ;Res y, Chief Kristine Allison Central Point Police Department Cna072414 ',9d lt,d T Ye,"key -to M'%LLeR !0 &Aence " OREGON LIQUOR CONTROL COMMISSION _- LIQUOR LICENSE APPLICATION LICENSE TYPES ACTIONS (] Full On- Premises Sales ($402.60tyr) Change Ownership ❑ Commercial Establishment .� New Outlet ❑ Caterer ❑ Greater Privilege ❑ Passenger Caller ❑ Additional Privilege ❑ Other Public Location ❑ Other ❑ Pdvate Club 0- 1mited On- Premises Sales ($202.60tyr) ❑OIF Premises Sales ($100/yr) ❑with Fuel Pumps © Brewery Public House ($252.60) 0 Winery ($250/yr) ❑Other: 9NDAYAUTHORITY ❑ Check here If you are applying for a change of ownership at a business that has a current liquor license, or If you are applying for an Oft - Premises. Sales license and are requesting a 90 -Day Temporary Authority SPPLYING AS: ]Limited [3Corporation ]Milmited Liability Dlndlviduals Partnership - Company CITY AND COUNTY USE ONLY Date application received: The City Council or County Commission: (rema fdtyormusty) recommends that this license be: ❑ Granted ❑ Denied By: (amnatura) (tlete) OLCC Application Recd by Data. 0U7 -JJL 90-day authodty: Q Yes Q No 1. Entity or Individuals applying for the license: (See SECTION 1 of the Guide] o ®CtR(K5[ J fkp(r2[ -AS L(,L 2. Trade Name (dbaj: 6 TU W^] > Ic 0 3. Business Location: 1a9s C PCAZa- 31-Vo Cf:MZ L, % �CKSGrJ (number, 8tnBK rural mute) (dty) (manly) (state) 4. Business Mailing Address: Z3Z�{ i>)Qt'NTWOUh M- Q�Cy 7 oa (PO box numben�tre�t, mrel mute) (dry) (amts) 5. Business Numbere �I 10.0(S5 (Wnne) 6. Is the business at this location currently licensed by OLCC? ❑Yes ffido 7. If yes to whom: Type of License: 8. Former Business Name: 9. Will you have a manager] Wes ' Name: Q4.� -2o f5 CI+A KSri r) (meneaer must fill out en Indlvltlur 10. What is the local governing bodywhere your business Is located? Ct Nl- raory— (>O:�rv9 �(n� a of qty 11. Contact person for this application: C R-PO,� CC4�jC.St jy I. Ea 1' (19.) I understand that If my answers are not true and complete, p�llete, the OLCC may deny my licenae�l{cetlpij � D AQp c nt(s) Sigpature(s) and Date: Date Tf 7 I. Date Date ® ME')" CAP072414 1- 600452 -OLCC (6622) Pj#wWnsgon.gowoJcc fiyd -c0 es� �.irL'°'dda�°'o 155 south second street • central Point, OR 97502 Kristine Allison Ph: (541) 664 -5578 • Fax: (541) 664 -2705 • v .centralpointoregon.gov Chief Date: 07/01/2014 From: Chief Kristine Allison To: Honorable Mayor Williams Subject: Request for OLCC License RE. WalGreens #15974 / Persons associated therewith Files of the Central Point Police Department contain no information pertinent to the request. Respe tfully, 4Ch,4, Chtef Knstne Allison Central Point Police Department ena072414 /le<l/CRrect /0 �[%JGUi4Pd9X4'MJMa !D L.YGelloaee Or Ll G CENTRAL POINT oxe,o 155 south second street • central Point, OR 97502 Kristine Allison Ph: (541) 664 -5578 • Fax: (541) 664 -2705 • v .centralpointoregon.gov Chief Date: 07/01/2014 From: Chief Kristine Allison To: Honorable Mayor Williams Subject: Request for OLCC License RE. WalGreens #15974 / Persons associated therewith Files of the Central Point Police Department contain no information pertinent to the request. Respe tfully, 4Ch,4, Chtef Knstne Allison Central Point Police Department ena072414 /le<l/CRrect /0 �[%JGUi4Pd9X4'MJMa !D L.YGelloaee OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Ise TYPES all On-Premises Sales (S402.60/yr) Commercial Esbbllahment [] Passenger Csmer ❑ Other Public Location 11 Pill Club ❑ Limited Ong remises Sala: !A202.601yr) 0o ppremises Sales ($1001yr) ❑with Fuel Pumps ❑ Bmwery Public House ($252,60) ❑❑ Winery (1250iyr) Ohec_ _ 90-DAY AUTHORITY EICheck here if you are applying for a change of ownership at a business OLCC U"LY,2 f j that has a current liquor Holmes, or It you are applying for an OR- Premises $8106 license and are requesting a 90-Day Temporary Authanty APPIIcaBOn Hec'd by,! e! . ! APPLYING AS: Date: ]Limited Partnership .y COryomeon ❑LNSted LiabHhy ❑Individuals ^_ Company I 90 -day authority: U Yea ❑ No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] Walareen Co 2. Trade Name (dba): WBlareenS #15974 3. Business Location: 43 N Fmm{ St _ Central Point Jackson OR 97502 (nmba1mmemn1naum) Irly) (munyn (etalnl (2N meo) 4. Buttress Mailing Address: P.O.BOX901 _ eld__ IL 50015 (PO bw, numb «. n"eel, rural mule) Wil (awe) cap role] 5, Business Numbers Pending_ (Mandl Sex) 6. Is the business at his location career ly licensed by OLCC? DYes it T. If yes to whom: _ _ _ —Type of 8. former Business Name: 9. Will you have a manager? Elyse CNO Name._; (menaeirm rw Mrin:evltlua Hal yiwm) 10. What Is the local governing body where your business Is located ?_ =ia i fy,?y L I ryaT Phy w many) 11. Contact person for his application: Kathryn Bush 847- 5274807 (name] (Phone nunh«(ap 302 Wilmot Rd, Deerfield IL 60015 Waldo S) (Fox number) remple draw) Smin I understand that it my answers am not true and complete, the OLCC may deny my license application. Applicants( Slgneture(s) and Data: _ i r• _ : t: i- Date SlA/9014 Date__ d'— Date u Oats 1- 800 -162 -01LCC fill• wxsv.magcn.goolrc trW i.:/. CAP072414 Page 17 d Q 8 E d lY CITY AND COUNTY USE ONLY ACTIONS ❑ Change avmership I Dafe application meeived: 12 New Outlet Greater Privilege- Th City Council pr Linty Co mtaahm: 2.,,P • ^ac[�.� �Ah Additional Pnwlege ❑ Other_ ;7 (name mdy «muey] recommence that this Ilcanea b•: D Granted D Denied By: (C,ymlum) q (enq Name: IIJI IIin mC 90-DAY AUTHORITY EICheck here if you are applying for a change of ownership at a business OLCC U"LY,2 f j that has a current liquor Holmes, or It you are applying for an OR- Premises $8106 license and are requesting a 90-Day Temporary Authanty APPIIcaBOn Hec'd by,! e! . ! APPLYING AS: Date: ]Limited Partnership .y COryomeon ❑LNSted LiabHhy ❑Individuals ^_ Company I 90 -day authority: U Yea ❑ No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] Walareen Co 2. Trade Name (dba): WBlareenS #15974 3. Business Location: 43 N Fmm{ St _ Central Point Jackson OR 97502 (nmba1mmemn1naum) Irly) (munyn (etalnl (2N meo) 4. Buttress Mailing Address: P.O.BOX901 _ eld__ IL 50015 (PO bw, numb «. n"eel, rural mule) Wil (awe) cap role] 5, Business Numbers Pending_ (Mandl Sex) 6. Is the business at his location career ly licensed by OLCC? DYes it T. If yes to whom: _ _ _ —Type of 8. former Business Name: 9. Will you have a manager? Elyse CNO Name._; (menaeirm rw Mrin:evltlua Hal yiwm) 10. What Is the local governing body where your business Is located ?_ =ia i fy,?y L I ryaT Phy w many) 11. Contact person for his application: Kathryn Bush 847- 5274807 (name] (Phone nunh«(ap 302 Wilmot Rd, Deerfield IL 60015 Waldo S) (Fox number) remple draw) Smin I understand that it my answers am not true and complete, the OLCC may deny my license application. Applicants( Slgneture(s) and Data: _ i r• _ : t: i- Date SlA/9014 Date__ d'— Date u Oats 1- 800 -162 -01LCC fill• wxsv.magcn.goolrc trW i.:/. CAP072414 Page 17 d Q 8 E d lY Ordinance Chapter 3.30 Marijuana and Marijuana Infused Product Tax CAP072414 Page 18 A CENTRAL POINT ADMINISTRATION DEPARTMENT 140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664 -7602 www.rentra l pointoregon.gov STAFF REPORT July 241h, 2014 AGENDA ITEM: Ordinance No. _ An ordinance establishing Central Point Municipal Code Chapter 3.30 — marijuana and marijuana- infused product tax. STAFFSOURCE: Chris Clayton, City Manager Sydnee Dreyer, City Attorney BACKGROUND /SYNOPSIS: The City of Central Point Council has been very proactive in creating time, place and manner restrictions on medical marijuana dispensaries established under Oregon House Bill 3460. To date, there are 198 approved and 115 provisionally approved dispensaries in Oregon; however, the City of Central Point has received zero applications. Furthermore, the City of Central Point has exercised State- granted authority provided by Senate Bill 1531 to invoke a one -year moratorium on the establishment of medical marijuana facilities (expires in May of 2015). Throughout this entire process, the Central Point City Council has remained resolute in its desire to discourage the establishment of such facilities within the City of Central Point. Moreover, the City Council is acutely aware of the conflict between state and federal law on this subject and has made every attempt to remain legally compliant. Unfortunately, the lack of consistency between state and federal law /policy has put many cities and counties in a compromised position. November's general election will likely (signature collection is underway) include Oregon ballot initiative #53 (officially known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act). Section 442 of this ballot measure is specifically aimed at limiting local government's ability to offset public safety - related impacts /costs by collecting a product tax on marijuana -based products. Section #42's language is as follows: No county or city of this state shall impose any fee or tax, including occupation taxes, privilege taxes and inspection fees, in connection with the purchase, sale, production, processing, transportation, and delivery ofmarijuana items. Because this language does not specifically repeal a local marijuana tax in effect at the time of the measures passage, and because this language can be interpreted to read "No county or city of this state shall [after the effective date of this measure] impose any fee or tax..." it can be argued that this initiative's language would not pre -empt a taxation ordinance if it is adopted by the City Council prior to November's election. City Council adoption does not guarantee that this product tax would not be legally challenged; however, absent invalidation by a state court, this product tax CAP072414 Page 19 ordinance would survive voter approval of ballot initiative #53, and not adopting the ordinance prior to November, should the initiative pass, would certainly preclude future action on this matter. The ordinance presented for Council consideration is a gross receipts tax on the sale of marijuana, medical marijuana and marijuana - infused products. A gross receipts tax is applied to the total gross taxable revenues of a business. It is similar to a sales tax except that it is levied on the seller rather than the purchaser. The seller is responsible for maintaining accurate records of its gross revenues from taxable goods and services and then remitting a percentage to the taxing entity. Many businesses that are subject to a gross receipts tax will show the tax on the bill of sale they present to the customer, but it is nonetheless the business that is responsible for paying it. Central Point's transient occupancy tax (hotel /motel) is a gross receipts tax. A gross receipts tax has the administrative advantages of ease of collection and ease of auditing. Finally, I would be remiss not to mention that the proposed ordinance relies heavily on similar ordinances adopted by several Colorado cities, the City of Ashland and taxing methodology that currently exists in the Central Point Municipal Code (transient room occupancy tax). FISCAL IMPACT: Ballot Initiative 453: The proposed ballot initiative does provide for a state -wide taxing structure on the sale of legalized /medical marijuana; however, it does so in the following manner: Section #33 A tax is imposed on the privilege of engaging in business as a marijuana producer at the rate of.• $35 dollars per ounce of all marijuana flowers; $10 dollars per ounce on all marijuana leaves; and $5 dollar for every immature plant. The taxes collected under this section would be placed in the Oregon Marijuana Account and would be distributed based on section #44 of the proposed ballot initiative: At the end of each month, the Oregon Liquor Control Commission shall certify the amount of moneys available for distribution in the Oregon Marijuana Account and, after withholding such moneys as it may deem necessary to carry out its obligations under sections 3 to 70 of this Act, shall within 35 days of the month.for which a distribution is made distribute the moneys as follows: Forty percent shall be transferred to the Common School Fund Twenty percent shall be transferred to the Mental Health Alcoholism and Drug Services Account Fifteen percent shall be transferred to the State Police Account Ten percent shall be transferred to cities based on population Ten percent shall be transferred to counties 5 percent shall be transferred to Oregon Health Authority. City Revenue: There is no precise way of predicting whether a medical marijuana dispensary will develop with or without the passage of ballot initiative 53. Furthermore, predicting the tax revenue generated by the development of such a facility is equally inaccurate, although it is apparent that Central Point's share of 10% of whatever is left in the Oregon Marijuana Account after OLCC CAP072414 Page 20 withholds "such moneys as it deems necessary," will likely be insufficient to address the impacts to Central Point. City Expenditures: Similar to alcohol, the legalization of marijuana will likely impact the costs associated with providing adequate public safety. At a minimum, new programs will need to be developed for prevention /education and treatment. These new program costs will be in addition to the necessary training required for our public safety officers. ATTACHMENTS: I. Ordinance creating chapter 3.30 of the Central Point Municipal Code establishing a tax on marijuana and marijuana- infused products. RECOMMENDATION: I. The proposed ordinance is consistent with previous efforts of the City Council to create a disincentive to the establishment of a medical marijuana dispensaries /facilities within Central Point. 2. The proposed ordinance will create the opportunity to provide general fund revenue and offset the public safety costs /impacts associated with the legalization of marijuana 3. The City's strategic plan emphasizes a proactive city government that adopts policies aligning with the community's values. 4. Central Point citizen surveys conducted in 2011 & 2013 identify public safety as the highest priority for citizens of Central Point. City Staff Recommendation: City staff is recommending adoption of the attached ordinance amendments. PUBLIC HEARING REQUIRED: Yes SUGGESTED MOTION: I move to approve the first reading of Ordinance number creating Central Point Municipal Code chapter 3.30 establishing a marijuana and marijuana- infused product tax. Return to Agenda CAP072414 Page 21 ORDINANCE NO. AN ORDINANCE ESTABLISHING CENTRAL POINT MUNICIPAL CODE CHAPTER 3.30 MARIJUANA AND MARIJUANA- INFUSED PRODUCT TAX Recitals: A. Words lined through are to be deleted and words in bold are added B. Section 4 of the Central Point Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes and common law of the United States and of this state expressly or impliedly grant or allow municipalities, as fully as though this charter specifically enumerated each of those powers. C. the City desires to tax the sale or transfer of marijuana and marijuana - infused products within the City. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION L Title 3 Revenue and Finance of the Central Point Municipal Code hereby adds a new Chapter 3.30, establishing a tax on the sale of marijuana and marijuana- infused products, as follows: CHAPTER 3.30 MARIJUANA AND MARIJUANA INFUSED PRODUCT TAX Sections: 330.010 Purpose 330.020 Definitions 330.030 Levy of Tax 330.040 Deductions 330.050 Seller Responsible for Payment of Tax 330.060 Penalties and Interest 330.070 Failure to Report and Remit Tax — Determination of Tax 330.080 Appeal 330.090 Refunds 330.100 Actions to Collect 330.110 Confidentiality 330.120 Audit of Books, Records or Persons 330.130 Penalties 330.140 Forms and Regulations Ordinance No._ (072414) CAP072414 Page 22 330.010 Purnose. For the purposes of this Chapter, every person who sells marijuana, medical marijuana or marijuana - infused products in the City of Central Point is exercising a taxable privilege. The purpose of this Chapter is to impose a tax upon the retail sale of marijuana, medical marijuana, and marijuana- infused products. 3.30.020 Definitions. When not clearly otherwise indicated by the context, the following words and phrases as used in this chapter shall have the following meanings: 1. "Director" means the Director of Finance for the City of Central Point or his /her designee. 2. "Gross Taxable Sales" means the total amount received in money, credits, property or other consideration from sales of marijuana, medical marijuana and marijuana- infused products that is subject to the tax imposed by this chapter. 3. "Marijuana" means all parts of the plant of the Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin, as may be defined by Oregon Revised Statutes as they currently exist or may from time to time be amended. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 4. "Oregon Medical Marijuana Program" means the office within the Oregon Health authority that administers the provisions of ORS 475.300 through 475.346, the Oregon Medical Marijuana Act, and all policies and procedures pertaining thereto. 5. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or any group or combination acting as a unit, including the United States of America, the State of Oregon and any political subdivision thereof, or the manager, lessee, agent, servant, officer or employee of any of them. 6. "Purchase or Sale" means the acquisition or furnishing for consideration by any person of marijuana within the City. 7. "Purchaser" means any person who acquires marijuana from a seller for any valuable consideration. 8. "Registry identification cardholder" means a person who has been diagnosed by an attending physician with a debilitating medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person's debilitating medical condition, and who has been issued a registry identification card by the Oregon Health Authority. Ordinance No._ (072414) CAP072414 Page 23 9. "Retail sale" means the transfer of goods or services in exchange for any valuable consideration. 10. "Seller" means any person who is required to be licensed or has been licensed by the State of Oregon to provide marijuana or marijuana- infused products to purchasers for money, credit, property or other consideration. 11. "Tax" means either the tax payable by the seller or the aggregate amount of taxes due from a seller during the period for which the seller is required to report collections under this chapter. 12. "Taxpayer" means any person obligated to account to the Finance Director for taxes collected or to be collected, or from whom a tax is due, under the terms of this chapter. 3.30.030 Levy of Tax. A. There is hereby levied and shall be paid a tax by every seller exercising the taxable privilege of selling marijuana and marijuana- infused products as defined in this chapter. B. The amount of tax levied is as follows: 1) Five percent (5 %) of the gross sale amount paid to the seller by a registry identification cardholder. 2) Ten percent (10 %) of the gross sale amount paid to the seller of marijuana and marijuana- infused products by individuals who are not purchasing marijuana under the Oregon Medical Marijuana Program. C. The purchaser shall pay the tax to the seller at the time of the purchase or sale of marijuana. 330.040 Deductions. The following deductions shall be allowed against sales received by the seller providing marijuana: A. Refunds of sales actually returned to any purchaser; B. Any adjustments in sales which amount to a refund to a purchaser, providing such adjustment pertains to the actual sale of marijuana or marijuana- infused products and does not include any adjustments for other services furnished by a seller. 3.30.050 Seller Responsible For Payment Of Tax. A.Evcry seller shall, on or before the fifteenth (151') day of the month following the end of each calendar quarter (in the months of April, July, October and January) make a return to the Director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The seller may request or the Director may establish shorter reporting periods for any seller if the seller or Director deems it necessary in order to ensure collection of the tax and the Director may require further information in the return relevant to payment of the tax. A return shall not be considered riled until it is actually received by the Director. The quarters are: Ordinance No._ (072414) CAP072414 Page 24 First quarter: January, February, March Second quarter: April, May, June Third quarter: July, August, September Fourth quarter: October, November, December B. At the time the return is filed, the full amount of the tax collected shall be remitted to the Director. Payments received by the Director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions that are not prejudicial to the interest of the City. A condition considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Non- designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. If the Director, in his or her sole discretion, determines that an alternative order of payment application would be in the best interest of the City in a particular tax or factual situation, the Director may order such a change. The Director may establish shorter reporting periods for any seller if the Director deems it necessary in order to ensure collection of the tax. The Director also may require additional information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by sellers pursuant to this chapter shall be held in trust for the account of the City until payment is made to the Director. A separate trust bank account is not required in order to comply with this provision. D. For good cause, the Director may extend the time for filing a return or paying the tax for not more than one month. Further extension may be granted only by the city council. A seller to whom an extension is granted shall pay interest at the rate of one percent per month on the amount of tax due, without proration for a fraction of a month. If a return is not filed and if the tax and interest due are not paid by the end of the extension granted, the interest shall become a part of the tax for computation of penalties prescribed in Section 3.30.060. E. Every seller required to remit the tax imposed in this chapter shall be entitled to retain five percent (5 %) of all taxes due to defray the costs of bookkeeping and remittance. Every seller must keep and preserve in an accounting format established by the Director records of all sales made by the dispensary and such other books or accounts as may be required by the Director. Every seller must keep and Ordinance No._ (072414) CAP072414 Page 25 preserve for a period of three (3) years all such books, invoices and other records. The Director shall have the right to inspect all such records at all reasonable times. 330.060 Penalties And Interest. A. Any seller who fails to remit any portion of any tax imposed by this chapter within the time required shall pay a penalty of ten percent (10 %) of the amount of the tax. B. Any seller who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of fifteen percent (15 %) of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the Director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of twenty -five percent (25 %) of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any seller who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent (1 %) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed, and such interest as accrues under the provisions of this section, shall become a part of the tax required to be paid. F. A seller who fails to remit the tax within the required time may petition the city council for waiver and refund of the penalty or a portion of it. The council may, if good cause is shown, direct a refund of the penalty or a portion of it. Any such hearing will be conducted under the procedures described in section 3.30.080. 3.30.070 Failure To Report and Remit Tax — Determination of Tax by Director. If anv seller should fail to make, within the time provided in this chapter, anv report of the tax required by this chapter, the Director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the Director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any seller, the Director shall proceed to determine and assess against such seller the tax, interest and penalties provided for by this chapter. In case such determination is made, the Director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the seller so assessed at the last known place of address. Such seller may appeal such determination as provided in section 3.30.080. If no appeal is filed, the Director's determination is final and the amount thereby is immediately due and payable. Ordinance No._ (072414) CAP072414 Page 26 3.30.080 Appeal. A.Any seller aggrieved by any decision of the Director with respect to the amount of such tax, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the Director within fifteen (15) days of mailing of the notice of a decision. The city manager shall fix a time and place for hearing the appeal, as prescribed by the city council, and shall give the appellant fifteen days written notice of the time and place of the hearing before the city council. B. The appellant shall pay a nonrefundable appeal fee to facilitate the appeal. Appeal Fees shall be set at $150 for each decision appealed, and may be adjusted by Resolution of the city council. C. The parties shall be entitled to appear personally and by counsel and to present such facts, evidence and arguments as may tend to support the respective positions on appeal. D. The city council shall afford the parties an opportunity to be heard at an appeal hearing after reasonable notice. The city council shall take such action upon the appeal it sees fit. The city council shall at a minimum: 1) At the commencement of the hearing, explain the relevant issues involved in the hearing, applicable procedures and the burden of proof. 2) At the commencement of the hearing place on the record the substance of any written or oral ex parte communications concerning any relevant and material fact in issue at the hearing which was made outside the official proceedings during the pendency of the proceeding. The parties shall be notified of the substance of the communication and the right to rebut the communication. Notwithstanding the above, the parties are prohibited from engaging in ex parte communications with the members of the city council. 3) Testimony shall be taken upon oath or affirmation of the witnesses. 4) The city council shall ensure that the record developed at the hearing shows a full and fair inquiry into the relevant and material facts for consideration for the issues properly before the hearings officer. 5) Written testimony may be submitted under penalty of false swearing for entry into the record. All written evidence shall be filed with the City recorder no less than (5) five working days before the date of the hearing. 6) The city council shall hear and consider any records and evidence presented bearing upon the Director's determination of amount due, and make findings affirming, reversing or modifying the determination. Ordinance No._ (072414) CAP072414 Page 27 7) Informal disposition may be made of any case by stipulation, agreed settlement, consent order or default. F. The action of the Director shall be stayed pending the outcome of an appeal properly filed pursuant to this section. G. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. H. The findings of the city council shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. 330.090. Refunds. A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously collected or received by the City under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Director within one year of the date of payment. The claim shall be on forms furnished by the Director. l.The Director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The Director shall notify the claimant in writing of the Director's determination. Such notice shall be mailed to the address provided by claimant on the claim form. In the event aclaim is determined by the Director to be a valid claim, in a manner prescribed by the Director a seller may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously collected or received. The seller shall notify the Director of claimant's choice no later than 15 days following the date Director mailed the determination. In the event claimant has not notified the Director of claimant's choice within the 15 day period and the seller is still in business, a credit will be granted against the tax liability for the next reporting period. If the seller is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. 2.No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the Director acknowledged the validity of the claim. 330.100 Actions to Collect. Any tax required to be paid by any seller under the provisions of this chapter shall be deemed a debt owed by the seller to the City. Any such tax collected by a seller Ordinance No._ (072414) CAP072414 Page 28 which has not been paid to the City shall be deemed a debt owed by the seller to the City. Within three years after the tax becomes payable or within three years after a determination becomes final, the City may bring an action in the name of the city in the courts of this state, another state or the United States to collect the amount delinquent and penalties and interest. In lieu of filing an action for the recovery, the City, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City has complied with the provisions set forth in ORS 697.105 (as hereafter amended), in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars ($50.00) or fifty percent (50 %) of the outstanding tax, penalties and interest owing. 3.30.120 Confidentiality. Except as otherwise required by law, it shall be unlawful for the City, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the City under the terms of this chapter. Nothing in this section shall prohibit: A.The disclosure of the names and addresses of any person who is operating a licensed establishment from which marijuana is sold or provided; or B.The disclosure of general statistics in a form which would not reveal an individual seller's financial information; or C.Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim by the Director or an appeal from the Director for amount due the City under this chapter; or D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or E.The disclosure of records related to a business' failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds five thousand dollars ($5,000). The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). 3.30.130 Audit of Books. Records or Persons. A. It shall be the duty of every seller liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years and six months, all records, books, reports, income tax reports and other matters required by this chapter as may be necessary to determine the amount of such tax as the seller may have been liable for the collection of and payment to the City, which records the Director shall have the right to inspect at all reasonable times as set forth below. Every operator shall maintain records of marijuana purchase and sales, accounting books and records of income. Sellers must, at a minimum, include a cash receipt and deposit journal, and a cash disbursements journal /check register Ordinance No._ (072414) CAP072414 Page 29 for all authorized deductions. These records and books shall reconcile to the tax reports and be auditable. They shall also reconcile to the seller's income tax reports. If the Director finds the books and records of the seller are deficient in that they do not provide adequate support for tax reports filed, or the seller's accounting system is not auditable, it shall be the responsibility of the seller to improve its accounting system to the satisfaction of the Director. B. The City, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by the City for that purpose, any books, papers, records, or memoranda, including copies of seller's state and federal income tax return, bearing upon the matter of the seller's tax return. All books, invoices, accounts and other records shall be made available within the City limits and be open at any time during regular business hours for examination by the Director or an authorized agent of the Director. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the Director may immediately seek a subpoena from the Central Point Municipal Court to require that the taxpayer or a representative of the taxpayer attend a hearing or produce any such books, accounts and records for examination. 330.110 Penalties. A.It is unlawful for any seller or any other person so required to fail or refuse to furnish any return required to be made, or fail or refuse to furnish the supplementary return or other data required by the Director or to enter a false or fraudulent report, with intent to defeat or evade the determination of any amount due required by this chapter. B. Violation of any provision of this chapter of this code shall be punishable by the general penalty. Every day in which the violation is caused or permitted to exist constitutes a separate infraction, and the punishment therefor shall be in addition to any other penalty, interest, sum or charge imposed by this code or this chapter. Delinquent taxes and fees, penalty and interest imposed by this chapter and this code may be collected in a civil action. C. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or City ordinance. 330.140 Forms And Reeulations. A. The Director is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said medical marijuana tax and in particular and without limiting the general language of this chapter, to provide for: 1) A form of report on sales and purchases to be supplied to all vendors; Ordinance No._ (072414) CAPO72414 Page 30 2) The records which sellers providing marijuana and marijuana- infused products are to keep concerning the tax imposed by this chapter. SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Savings. Notwithstanding any amendment /repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word 'ordinance" may be changed to "code ", "article ", "section', "chapter" or another word, and the sections of this Ordinance may be renumbered, or re- lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2 -4) need not be codified and the City Recorder is authorized to correct any cross - references and any typographical errors. Passed by the Council and signed by me in authentication of its passage this day of ,2014. Mayor Hank Williams ATTEST: City Recorder Return to Agenda Ordinance No._ (072414) CAP072414 Page 31 Ordinance Amendments to Chapter 15 CAPO72414 Page 32 STAFF REPORT om- CENTRAL POINT STAFF REPORT July 24, 2014 Planning Department lam Humphrey.AICP, Community fJevelopment f)irector; AGENDAITEM: Second Reading of Municipal Code Amendments to Title 15 Buildings and Construction Code to Conform with State Building Code Revisions and Updates. Applicant: City of Central Point STAFF SOURCE: Tom Humphrey, Community Development Director BACKGROUND: The Community Development Department periodically updates sections of the Municipal Code Titles for which it is responsible. Title 15, Buildings and Construction is one such code section that needs updating based on changes and revisions at the state and national level. Most of the changes are numerical code references and formatting revisions but there are exceptions. At the direction of the Planning Commission, Department staff also reviewed and revised sections of the code that were no longer appeared applicable or were outdated. The Commission subsequently recommended approval of the changes that are reflected in the attached ordinance. ISSUES: There don't appear to be significant issues with these revisions. The proposed changes have been reconsidered by the City's Building Official, Derek Zwagerman who compared the City's Code with the latest updates of the Oregon Structural Specialty Code, the Oregon Mechanical Specialty Code and the Oregon Energy Efficiency Specialty Code. Greg Graves from the Public Works Department reviewed Section 15.12.260 on Water Pipes and applicable standards and regulations. EXHIBITS/ATTACHMENTS: Attachment "A " — Ordinance No. An Ordinance Amending CPMC Chapter 15.04, Building Code; Chapter 15.12, Plumbing Code; Chapter 15.22, Privately Owned Swimming Pools and Chapter 15.32, House Numbering ACTION: Consider proposed amendments and I ) adopt the ordinance, 2) make further revisions and postpone action on the ordinance at this time or 3) deny the ordinance. RECOMMENDATION: Discuss additional revisions in response to questions raised u the public hearing and adopt the ordinance. Page I of I CAP072414 Page 33 ORDINANCE NO. AN ORDINANCE AMENDING CPMC CHAPTER 15.04, BUILDING CODE; CHAPTER 15.12, PLUMBING CODE; CHAPTER 15.22, PRIVATELY OWNED SWIMMING POOLS AND CHAPTER 15.32 HOUSE NUMBERING RECITALS: A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to its municipal code which shall become part of the overall document and citation. B. On July I, 2014, the Central Point Planning Commission recommended approval of a code amendment to CPMC Chapter 15.04; Chapter 15.12; Chapter 15.22 and Chapter 15.32 bringing the City's municipal code into conformance with State Building Code Revisions and Updates. C. On July 10, 2014, the City of Central Point City Council held a property advertised public hearing; reviewed the Staff Report and findings; heard testimony and comments, and deliberated on approval of the Municipal Code Amendment. D. Words lined through are to be deleted and words in bold are added. THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION L Amendments to Chapter 15.04; Chapter 15.12; Chapter 15.22 and Chapter 15.32 revises language in the City's Buildings and Construction code to conform with the State Building Code. Sections: 15.04.010 15.04.020 15.04.030 15.04.040 15.04.050 15.04.060 15.04.070 CAP072414 Chapter 15.04 BUILDING CODE Standards applicable to building. City code administration. Local interpretation. Board of appeals. Certificate of occupancy. Change of occupancy. Reinspection fee. Page 34 15.04.080 Violations and penalties. 15.04.010 Standards applicable to building. ...........4 ............. ............................... ....ildi.... All construction, building, and related activities within the city shall comply with all ordinances of the city and with the following specialty codes, which by this reference are expressly adopted and incorporated into this code: A. The 20102014 Oregon Structural Specialty Code based on the International Building Code, 20092012 Edition, as published by the International Code Council and amended by the Building Codes Division; specifically adopting and including Section 1089, Fees; permit and plan review fees shall be as per the building fee schedule as adopted by the city of Central Point; Section 1142, Service Utilities; Section 1156, Unsafe Structures and Equipment; Appendix G, Flood- Resistant Construction; Appendix H, Signs; Appendix I, Patio Covers; and Appendix J, Grading. B. The 2010 2014 Oregon Mechanical Specialty Code based on the 20092012 International Mechanical Code and the 20092012 International Fuel Gas Code, as published by the International Code Council, Inc., amended by the Oregon Building Codes Division, spec f cally adopt ng and nd d ng Sept on 103 Department 5 .. with fees as per the mechanical fee schedule adopted by the City of Central Point. C. State of Oregon 2011 Residential Specialty Code based on the 2009 Edition of the International Residential Code, as published by the International Code Council, Inc., specifically adopting Section R104.8, Liability. D. State of Oregon 2008 Electrical Specialty Code based on the 2008 Edition of the National Electrical Code as published by the National Fire Protection Association, Inc. E. State of Oregon 2011 Edition Plumbing Specialty Code based on the 2009 Edition of the Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials. F. 1994 Edition of the Uniform Abatement of Dangerous Buildings as published by the International Conference of Building Officials. W G. The 2010 Ed lion Oregon Manufactured Dwelling and Installation Specialty Code. CAP072414 Page 35 4 H. 2010 Oregon Fire Code based on the 2009 Inte mat tons I Fire Code with Oregon amendments J I. 2030 2014 Oregon Energy Efficiency Specialty Code based on 2909 IF 2012 International Energy Conservation Code. (Ord. 1953 §1, 2011; Ord. 1938 §1, 2010; Ord. 1904, 2007; Ord. 1857, 2005; Ord. 1853 §1, 2004; Ord. 1832 §1, 2003; Ord. 1807 §1,2000; Ord. 1798 §1, 1998; Ord. 1781 §1 (part), 1997; Ord. 1764 §1, 1997; Ord. 1749 §3, 1996; Ord. 1686 §1, 1993; Ord. 1683 §1, 1993; Ord. 1640 §1, 1990; Ord. 1630 §1, 1990; Ord. 1573 §1, 1986; Ord. 1520 §1, 1984; Ord. 1497 §1, 1983; Ord. 1482 §1, 1982; Ord. 1409 §1(part), 1980; Ord. 1167 §2,1974). 1.5.9.4.9.2.0-City code administration. A. The city shall provide forthe administration of a department of building safety, which shall include plan checking, issuance of permits and inspection programs for structural, mechanical, plumbing and electrical work. This city program is applicable to public buildings, including state buildings as well as private buildings. B. The city shall perform fire and life safety plans examinations in such cases where a partial exemption for such purposes has been granted tothe city bythe State Fire Marshal's office. (Ord. 1853 §2, 2004; Ord. 1807 §2, 2000; Ord. 1781 §1(part), 1997; Ord. 1497 §2, 1983; Ord. 1409 §1(part), 1980; Ord. 1370 §1, 1980; Ord. 1167 §3, 1974). 15.04.030 Local interpretation In addition to the provisions of Section 104.7011 of the Structural Specially Code and similar provisions of other specially codes, the building official may approve a material or a method of construction not specifically prescribed by the ordinance codified herein, provided he finds that the proposed design is satisfactory and that the material, method or work offered is for the purpose intended at least the equivalent of that specifically prescribed by the ordinance codified herein, in quality, effectiveness, fire resistance, durability, safely and energy conservation, and that the Director of the Building Codes Division has not issued a report disapproving the material or method for the purpose. (Ord. 1853 §3, 2004; Ord. 1781 §1(part), 1997; Ord. 1409 §1(part), 1980; Ord. 1167 §7,1974). 15.04.040 Board of aooeals CAP072414 Page 36 A person aggrieved by a decision made by a building official under authority established pursuant to ORS 455.148, 455.150 or 455.467 may appeal the decision following the rules as outlined in ORS 455 475. (Ord. 1853 §4, 2004; Ord. 1807 §3, 2000; Ord. 1781 §1(part), 1997; Ord. 1520 §2, 1984; Ord. 1409 §1(part), 1980; Ord. 1167 §8, 1974). 15:04:050_ Certificate_ of_ occupancY .:...................................................................................................................... ............................... No building or structure including residential shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until all public works improvements are complete and approved by the public works director, or his designee and the building official has issued a certificate of occupancy. (Ord. 1781 §1(part), 1997). 15.04.060 Change_ of occupancy No change shall be made in the character of occupancies or use of any building which would place the building in a different division of the same group of occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of the adopted codes for such division or group of occupancy. No change of occupancy shall be granted by the building official unless a special change of occupancy inspection is conducted. The lea change of occupancy fee shall be in accordance with the fee schedule established by this jurisdiction. The payment of this fee shall not exempt any person from compliance with all other provisions of the codes adopted herein nor from any penalty prescribed by law. (Ord. 1781 §1(part), 1997). 15.04.070 Reinspection fee. A reinspection fee may be assessed for each inspecfion or reinspecfion when such porton of work for which inspecfion is called is not complete or when corrections called for are not made. To obtain a reinspection, the applicant shall file an applicafion therefor in writing on a form furnished for that purpose and pay a reinspecfion fee in accordance with the fee schedule established by this jurisdiction. (Ord. 1807 §4, 2000; Ord. 1781 §1(part), 1997). 15.04.080 Violations and penalties. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to herons, contrary to or in violafion of any of the provisions of the ordinance codified in this chapter. Whenever any work forwhich a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in CAP072414 Page 37 addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The code. miestgabon fee shall be @9 al to the amo intof the parm tfoo rag red by ths The minimum investigati on fee shall be in accordance with the fee schedule established by this jurisdiction. The payment of this fee shall not exempt any person from compliance withal I other provisions of the codes adopted herein nor from any penalty prescri bed by law. (Ord. 1781 §i (part), 1997; Ord. 1409 §i (part), 1980; Ord. 1167 §9, 1974). Chapter 15.12 PLUMBING CODE Sections: 15.12.005 Adopted. 15.12.010 Definitions. 15.12.020 Unlawful acts. 15.12.040 Permits - -Sewer connection fees. 15.12.045 Systems development charge. 15.12.080 Sewer maintenance. 15.12.120 Sewer connections. 15.12.260 Water pipes. 15.12.270 Special permits. 15.12.280 Tests and inspections. 15.12.290 Inspector--Powers. 15.12.310 Plans and specifications. 15.12.320 License. 15.12.330 Inspector--Duties. 15.12.340 Permits -- Plumbing work. 15.12.005 Adopted. The State of OFegeR 2000 Ed led, Plumb Rg Spec alty Gods, based eR the Up loon Plumb Rg Gods, 1997 Ed t em as PIA131 Shed by the mtsMafieRal A SSeG at eR of Plumb Re add MeGhaR Gal Off G alS, add amended by the ORegeR BU Id Re GedeS D V 6 em epee f Gally adept Re add RGImd Re Sept eR 102.2.6, L ab 1 ty, s adepted R us eRt Rety to be hereafter referred to as the 'Plump Re cede .' The plumbing code shall be as adopted in Chapter 15.04.010 (Ord. 1807 §5, 2000; Ord. 1749 §4, 1996; Ord. 1367 §3, 1979). 15.12.010 Definitions. CAP072414 Page 38 A. The term 'branch vents' is applied to the branches from the fixture trap to the main vent. B. The term 'drainage work" is applied to the house sewer and house drain and its horizontal branches collectively or separately. C. The term 'house drain' is applied to that part of the main horizontal drain and its branches inside of the walls of the buildings, vault or area extending to and connecting with the house sewer. D. The term 'house sewer" is applied to that part of the main drain or sewer extending from a poinlfive feel from the outer wall of the building, vault or area to its connection with public sewer, private sewer or septic tank. E. The term 'plumbing work' is applied to all fixtures having a waste outlet from them to any soil, waste orvenl pipe. F. The term "private sewer' is applied to all sewers that are not constructed by and under the provision of the city. G. The term "soil pipe' is applied to any line or pipe receiving the discharge of one or more water closets with o r without other fixtures. H. The term 'unsanitary" is applied to the following: 1. To any fixture whose trap does not maintain a proper seal; 2. To any fixture not having a proper or sufficient water supply to thoroughly flush it out and keep it in a clean and wholesome condition; 3. To any drain, soil or waste, or vent pipe which is not gaslight or emits any foul or obnoxious odors; 4. To any drain, soil or waste, or vent pipe that is slopped or partially slopped up; 5. To any water closet apartment which is not thoroughly ventilated or has the floor saturated with urine or containing a foul odor; 6. To any imperfect fixture, pipe or trap; 7. To any work not conforming with the rules of this chapter; 8. To any things which are detrimental to health. CAP072414 Page 39 I. The term 'vent pipe' is applied to any special pipe provided to ventilate the system of piping and to prevent the trap siphonage and back pressure. (Ord. 303 §2, 1951). 15.12.020 Unlawful acts. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No person shall hereafter erect or cause to be erected or convert any building to a new purpose by alteration, by addition or otherwise, so that it or any part thereof is inadequate or defective in respect to plumbing, ventilating or sewerage or any other usual, proper or necessary provisions or precautions for the security of life or health; nor shall any owner, builder, lessee, tenant or occupant of any building or structure cause or allow any matter or anything to be done in or about any such building or structure dangerous or prejudicial to life or health. (Ord. 303 §1(parl), 1951). 15.12.040 Permits - -Sewer connection fees. A. No connection shall be made with any sewer line of the city until a perrnil therefor has first been obtained and an agreement entered into with the city for the payment to the city of the fees as required herein for said connection. B. Permits shall be issued upon application to the city manager and agreement to pay as herein provided and as required by Section 15.12.045. Applications for connections shall describe the parcel of land proposed to be connected. Connection fees shall be equal to the actual cost of labor, materials and administration costs related to the connection. C. Connection fees shall be payable upon completion of installation. (Ord. 1969 §i (pad), 2013; Ord. 1656 §1 1991; Ord. 1504 §1, 1983; Ord. 1367 §4, 1979; Ord. 1228 §2, 1975; Ord. 1156 §1, 1974; Ord. 595, 1961; Ord. 303 §1 (pal), 19511 .15:1.2:045_ Systems_ development _ char@ e .:............................................................................................ ............................... A. In addition to the other requirements of this chapter, no sewer permit shall be issued until a systems development charge, as required by this section, has been paid or an agreement entered into with Rogue Valley Sewer Services (RVSS) who is the city's sewer service provider. for payment thereof on terms satisfactory to the r ty manager R � systems development charge shall he al ad to the follow ng catagones of b , Id ngs n the follow ng manner CAP072414 Page 40 . (Ord. 1969 §1 (part), 2013; Ord. 1367 §5, 1979). 15.12.080 Sewer maintenance. A. Public Sheets. That part of the house sewer connection within a public street, alley or right -of -way, from the sewer main to the street right -of -way line, shall be constructed to Bear Greek Vall ey San tary Amth arty Rogue Valley Sewer Services standards and shall become a part of the public sewer system; gravded, however, th 2082. Any maintenance work done by a private contractor will be to RVSS @OVISA standards. Prior to beginning maintenance work on the house sewer which requires excavation within a street, or other public way, a permit shall be first obtained from the city, which permit shall be without fee. CAP072414 Page 41 B. Private Property. No maintenance of any service line within private property shall be performed by the city. (Ord. 1828 §1, 2002; Ord. 1807 §7, 2000; Ord. 1386, 1980; Ord. 1013 §1, 1971; Ord. 303 §4(part), 1951 ). 15.12.120 Sewer connections. All connections to the public sewer system shall be governed by RVSS BGVISA regulations. (Ord. 1828 §2, 2002; Ord. 1226, 1975; Ord. 303 §5, 1951) 15.12.260 Water pipes A. Every service pipe must be provided with a slop and waste cock in addition to the service cock placed by the city, located at some accessible place, beyond damage from frost and so situated that the water can be conveniently shut off and drained from the pipes. All pipes of the building must be so arranged as to drain towards the slop and waste cock, or to the fixtures. B. Where the laws or regulations of the Oregon Stale Board of Health, Plumbing Division, are more restrictive said laws or regulations shall apply C. Every service pipe from the main line to the water meter shall be 1 inch municipex with 14 gal. Solid core OF (Blue) tracer wire copper p ge, type 14. Each water service line shall be provided with a ball valve on the house side of the water meter. Each water meter box shall be according to table 600 -2 of the 2014 Standard Specifications , of a size to accommodate meter, angle slop- and -ball valve. Every water line shall be equipped with a pressure regulator. Pressure regulators shall be installed within a section of private properly owned by the owner of the properlywhich the meter serves. The section in which the pressure regulator shall be installed is from five feel outside the fooling of the building to within five feel of the meter on the private property side. The pressure regulator shall be installed in a round plastic or concrete valve box capable of housing the pressure regulalorwilhoul affecting its operation. Pressure regulators shall be protected from freezing. Connection fees shall be those fees established by Section D. All water lines serving fire hydrants shall be a minimum of eight inches. E. Fire hydrants shall be Walerous Pacer, Mueller Super Centurion 250, Kennedy K81 Gent HFOR or an equal hydrant approved by the Public Works Director. (Ord. 1597 §1, 1987; Ord. 1367 §6, 1979; Ord. 1064 §1, 1972; Ord. 303 §14, 1951). 15.12.270 Special permits CAP072414 Page 42 When special fixtures or traps are required by owners or architects for which there is no provision in this chapter, or where conditions an as that demand the discretion of the building official, upon examination, the inspector may give in writing to the owner or architect ape" it if, in his judgment, the conditions demand the use of fixtures or traps, providing anti - siphon traps are used as approved by the building official. (Ord. 1807 §8, 2000; Ord. 303 §15, 1951). 15.12.280 Tests and inspections. When the plumbing work is sufficiently advanced in any building for inspection and the plumber notifies the inspector of plumbing and drainage that work is ready for inspection, he shall within 48 hours after such notification inspect the work and, if found free from leakage and the work done as prescribed by this chapter, sign his name in full in space provided on the plumbing permit and accept or reject the work under consideration. In case the work is rejected, the necessary changes or additions must be made and the inspector notified for inspection as in the previous performance. No work shall be considered ready for inspection until all pipes are securely strapped in place. No water shall be turned into any building or buildings until the building or buildings are connected with the public sewer or private septic lank, and the water permit signed by the inspector of plumbing. (Ord. 1807 §9, 2000; Ord. 303 §16, 1951). 15.12.290 I ns oector -- Powers The inspector of plumbing and drainage shall have the power in all cases where there is a building being erected or remodeled to enter and examine all work pertaining to plumbing at any time, and, where there is a public sewer in any street or alley, to cause any owner of land upon or adjoining such street or alley, his agent ortenant, to make sufficient drain and proper sewer connections for his or her house, yard or lot, closet or premises whenever, in his opinion, the same is necessary. He shall have the power to examine all buildings, during reasonable hours, as to the plumbing, drainage and ventilation thereof and when, in his judgment, and, upon approval by the building official, the plumbing fixtures are found to be defective or unsanitary, he shall have the power to order their removal or repair or substitution of other fixtures and to require the ventilation and drainage of such buildings to be placed in a sanitary condition, and he shall thereupon give the owner, agent or tenant or person occupying the building or premises notice in writing, specifying the time when any defective drain, sewer connection or unsanitary plumbing fixtures must be completed. He shall keep a copy of such notice in a book which shall be kept in his office and open to inspection by the public during his office hours. If said agent, owner or tenant neglects to carry out said order within the time specified, he or they shall be subject to a fine of not less than the general penalty, and any owner, agent or tenant shall be jointly and severally liable therefor. (Ord. 1807 §10, 2000; Ord. 303 §17, 1951). CAP072414 Page 43 15.12.310 Plans and specifications. A. Copies of plans and specifications of all proposed plumbing installations must accompany the application for a plumbing peril when deemed necessary by the building official. If such plans and specifications comply with all of the provisions of this chapter, the building official is authorized to issue a permit. B. Nothing in this section shall be construed as requiring bond, examination or license from any person for doing his own work or emergency work, provided the work otherwise complies with the rules and regulations. (Ord. 1807 §11, 2000; Ord. 303 §19, 1951). 15.12.320 License. A. Each person or firm conducting a plumbing business within the jurisdiction of this chapter shall have a city license and shall pay a license fee prescribed under Section B. No license shall be issued to any person or firm to conduct a plumbing business until they have been registered with the State Department of Commerce, Building Codes Division, and hold a current, valid plumbing contractor's license. (Ord. 1367 §7, 1979; Ord. 303 §20, 1951). 15.12.330 Inspector--Duties. The inspector of plumbing (or his deputy) shall perform the duties as herembefore outlined and shall, upon being notified, examine all plumbing and drainage inside of property lines before the same are covered. If, upon examination, he finds requirements of this chapter are violated, he shall report the same to the contracting plumbers or property owner for immediate corrections. (Ord. 1807 §12, 2000; Ord. 303 §21, 1951). 15.12.340_ Permits-- Plumbing ................................................................................................................... ............................... No person shall perform plumbing or drainage work or install or replace plumbing or drainage work or install or replace plumbing or drainage fixtures in any building or on any premises without a plumbing permit. Plumbing permit fees shall be those fees established by the city plumbing permit fee schedule. (Ord. 1791 §2, 1998; Ord. 1459 §1, 1982; Ord. 1367 §8, 1979; Ord. 1138 §1, 1974; Ord. 303 §25, 1951). For statutory provisions authorizing the adoption of plumbing codes by reference, see ORS forthe provisions ofthe State Plumbing Code, see ORS Ch. 447, CAP072414 Page 44 Chapter 15.22 PRIVATELY OWNED SWIMMING POOLS Sections: 15.22.010 Compliance with regulations required. 15.22.020 Swimming pool defined. 15.22.030 Setback requirements. 15.22.040 Fence requirements. 15.22.050 Overhead utility lines. 15.22.060 Fees, 15.22.070 General requirements. 15.22.010 Compliance with regulations required. It is unlawful to construct or maintain within the city a swimming pool, as herein defined, in violation of the terms of this chapter. (Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). 15.22.020 Swimming pool defined. For purposes of this chapter, 'swimming pool' is defined as any structure intended for swimming or recreational bathing and which contains water more than twenty -four inches deep, including in- ground, above - ground, and on -ground swimming pools, hot tubs and spas. (Ord. 1863(part), 2005; Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). 15.22.030 Setback requirements. The following measurements indicate the minimum setback requirements for a swimming pool: A. Setbacks shall be in accordance with the current edition of the Oregon Residential Specialty Code and the current edition of the State of Oregon Structural Specialty Code, or the following, whichever is more restrictive; B. Front: No less than twenty feet from edge of water to property line contiguous with street right -of -way; C. Side: No less than five feet from edge of water to property line; D. Rear: No less than five feet from edge of water to property line; E. Building: No less than ten feet from edge of water to foundation line or closer as may be determined by the city building official. CAP072414 Page 45 The foregoing setbacks shall be in addition to any easements; any swimming pool decks shall not encroach into any easements. (Ord. 1938 §2, 2010; Ord. 1863(part), 2005; Ord. 1807 §13, 2000; Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). 15.22.040 Fence requirements. A fence shall be required completely surrounding a swimming pool. Said fence shall comply with the requirements contained in at least one of the following: A. The Oregon Residential Specialty Code; or B. Provisions for public swimming pools as promulgated by the Department of Human Services underthe authority established in ORS , reference OAR Chapter 333, 'Health Division," Division 60. (Ord. 1863(part), 2005; Ord. 1807 §14, 2000; Ord. 1781 §4(part), 1997; Ord. 1749 §5, 1996; Ord. 1237(part), 1976). 15.22.050 Overhead utilitv lines. All overhead utility lines shall comply with the currently adopted version of the Electrical Specialty Code. (Ord. 1863(part), 2005; Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). Swimming pool building permit fees shall be in accordance with the fee schedule established bythis jurisdiction. (Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). 15.22.070 General All swimming pools constructed and maintained hereunder shall comply as well with all state laws and regulations. Structural drawings for construction of swimming pools other than aboveground swimming pools shall be certified by a registered engineer or licensed architect. (Ord. 1781 §4(part), 1997; Ord. 1237(part), 1976). CAP072414 Page 46 Chapter 15.32 HOUSE NUMBERING Sections: Residence owner duty. Map -- Starting points for numbering system. Numbering system. Affixing numbers to premises. Notice of owner noncompliance. Violation -- Penalty. 15.32.010 Residence owner duty. It shall be the duty of the owner ortenant of every residence or place of business or other structure opening upon or having access to the streets of the city to cause to be placed in a conspicuous place upon the main entrance or at the principal place of ingress to such premises a number, such number to be ascertained as hereinafter provided. (Ord. 290 §1, 1950). 15.32.020 Map -- Starting points for numbering system It shall be the duty of the city manager of the city to maintain such map or maps of the city, which clearly indicate the several respective numbers which shall be used to designate the corresponding premises, as provided in Section and to keep on file such map with the city recorder. In assigning such numbers the city manager shall use Front Street and Pine Street as base lines for starting points for such numbers, and shall allow one hundred numbers to each block, and not less than one number to each ten feet of street frontage; odd numbers shall be placed upon the left sides of the streets, and even numbers upon the right sides thereof. (Ord. 1969 §1 (part), 2013; Ord. 1004 §1, 1970; Ord. 290 §2, 1950). 15.32.030 Numbering system. No single digit numbers shall be used. The first number on the right side of any street shall be number 10 and on the left side thereof number 11, with the first ten feet of frontage in each of the succeeding blocks being allowed the numbers 110, 210, 310 and so on to the end of each street. (Ord. 290 §93, 1950). 15.32.040 Affixing numbers to premises. It shall be the duty of each property owner or tenant, as provided in Section , to ascertain from the city manager the number so assigned to his or her respective premises, and to cause such number to be affixed thereto forthwith in figures not less than t e dtea.: four inches high, such figures to be so placed CAP072414 Page 47 as to easily be legible from the adjoining sidewalk or street. (Ord. 1969 §1(pac), 2013; Ord. 1004 §3, 1970; Ord. 290 §4, 1950). 15.32.050 Notice of owner noncompliance. It shall be the duty of the city managerto cause written notice to be given to eitherthe owner, agent or occupant of each residence and place of business within the city, which have not been numbered as herein provided by the first day of July, 1950, which notice shall designate the proper numberto be affixed to said premises, and shall require the same to be affixed within ten days from the date of service of such notice upon such owner, agent or occupant, and, upon the failure of such owner, agent or occupant to so affix said number within said ten days, the city council may cause the same to be so affixed and the costs thereof shall be declared a lien upon the particular lot or parcel of land upon which said costs are expended, which lien shall be recorded upon the city lien docket and thereafter enforced against the property therein described in all respects in like manner and with like effect as a lien for the improvement of any street. (Ord. 1969 §1 (part), 2013; Ord. 1004 §4, 1970; Ord. 290 §5,1950). i6'7cY1QYlIImFO AMMAA..RV, Any person occupying any residence, place of business or other building in the city who fails to number his building after notice Is given In accordance with this chapter shall be an infraction as defined by Section 1.16.010 and punishable by a fine as set forth in that section. The city manager or his designee is authorized to issue a citation to any person violating the provisions of this chapter. by the G ty Manager S gal Hy of a M i3deggeamn' and after Geri or on thereof Shall be f Red net less than two donars nor more than ten dollars and fan', ra and neglect to so ri writer said b, Oil @fro the expiration of said thirty days Gorri i a separate and distinct offense (Ord. 1969 §1(part), 2013; Ord. 290 §6,1950). PASSED by the Council and signed by me in authentication of its passage this _ day of July 2014. Mayor Hank Williams ATTEST: City Recorder Deanna Casey, MMC Return to Agenda CAP072414 Page 48 Ordinance Amending 17.60 Adding Interim Water Provisions CAPO72414 Page 49 STAFF REPORT AGENDA ITEM: File No. 14007 CENTRAL POINT STAFF REPORT July 24, 2014 Planning Department lom Humphrey, AICP, Community Development Director Introduction (First Reading) of Interim Water Service Standards Ordinance permitting interim water services for lands within the Tolo Area (CP -I B) urban reserve: Applicant: City of Central Point. STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: Currently the City has before it a proposal for inclusion of approximately 50 acres to the City's UGB. The area is within CP -IB and is designated for industrial development per the City's Regional Plan Element. It is the applicant's objective to include the properties in the UGB (2014), annex (2015), rezone (2015), and develop the property (2016) for traded sector industrial purposes (trucking). A major impediment to the applicant's objective is the availability of public water, which is a requirement of development in the City. Based on the City's Master Water System Plan the City's water service will not be extended to this urban reserve area until 2028. The estimated cost to extend water service to the proposed UGB area is 54,200,000. City CIP funding for the extension is not scheduled until, at the earliest, 2020. This cost includes an additional estimated $800,000 owner responsibility to extend the water main the remaining distance to service their property. At this point the options for the continued pursuit of the developer's objective are I. Require developers to hear the total cost of the x•atersystem and cstensions. Given the cost of a water system to service the area this is not a financially feasible option for any one developer. 2. Have the City hear the cost of the cstension and allocate the costs to future projects. To undertake this option the City would have to raise its water rates, with the additional costs borne by the existing residents. Of all the land uses (residential, commercial, industrial) industrial has the slowest absorption rate. 3. Allow an interim solution, such as presented in the draft Interim Water Service Standards Ordinance. This option would allow for development and a binding commitment to the construction of a public water system when financially feasible. The Interim Water Service Standards Ordinance requires developers to acknowledge: a. That they are aware of their ultimate responsibility to financially participate in an improvement district for a public water system when available; and b. That there are interim water system standards that must be met as a condition of development. ISSUES: CP -1 B is the City's most significant area for traded sector development and family wage job creation. Without an interim solution to the provision of water for domestic and fire safety the area cannot be developed and the City will lose family wage job opportunities. The Interim Water Service Standards Ordinance applies only to CP -1 B and is limited to industrial /commercial land uses. Page I of 2 CAP072414 Page 50 EXHIBITS /ATTACHMENTS: Attachment "A "— Ordinance No. An Ordinance Amending CPMC Chapter 17.60 by Adding Provisions for Interim Water Service and Development Standard for Lands within the Tolo Area (CP -1B) Urban Reserve ACTION: Consider proposed amendments and I ) forward the ordinance to a second reading, 2) make revisions and forward the ordinance to a second reading or 3) deny the ordinance. RECOMMENDATION: Discuss ordinance proposal and forward ordinance and amendments to a second reading. Return to Agenda Page 2 of 2 CAP072414 Page 51 ORDINANCE NO. AN ORDINANCE AMENDING CPMC CHAPTER 17.60 BY ADDING PROVISIONS FOR INTERIM WATER SERVICE AND DEVELOPMENT STANDARDS FOR LANDS WITHIN THE TOLD AREA [CP -1B) URBAN RESERVE I RECITALS: A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make revisions to its municipal code which shall become part of the overall document and citation. B. On June 3, 2014, the Central Point Planning Commission recommended approval of a code amendment to CPMC Chapter 17.60 adding Interim Water Service and Development Standards. C. On July 24, 2014, the City of Central Point City Council held a property advertised public hearing; reviewed the Staff Report and findings; heard testimony and comments, and deliberated on approval of the Municipal Code Amendment. D. Words liRed !I+F9Hgh are to be deleted and words in bold are added. THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS: SECTION L Amendments to Chapter 17.60 to add provisions for interim water service and development standards for lands within the Tolo Area (CP -113) urban reserve. Chapter 17.60 GENERAL REGULATION Sections: 17.60.220 Interim Water Service and Development Standards 17.60.220 Interim Water Service and Development Standards A. Purpose. The purpose of this Section is to establish regulations permitting interim water service for new development within CP -16 where the municipal public water system cannot be immediately extended but where traded sector and support uses will produce economic growth and development. B. Applicability. This Section shall apply exclusively to lands located within the area shown on the below map (the eligible lands) upon inclusion in the City's Urban Growth Boundary and Page 1 CAP072414 Page 52 annexation to the City. Nothing in this Section shall be construed to waive or otherwise interfere with the authority of the Oregon Water Resources Department, nor shall this ordinance prevent the repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson County and zoned to permit residential uses. C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs Agreement on forms that the City will provide which acknowledges that: 1. A public water system is not available and that it is the owners responsibility, at time of development, to demonstrate the owners ability to provide, both physically and financially, adequate private water service for the proposed development; 2. At such time as a public water system becomes available it will be the owner's responsibility, at the owner's sole cost and expense, to connect to the public water system; and 3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim Water Service Agreement pursuant to Subsection D. D. Interim Water Service Agreement. At time of a development proposal the owner shall enter into an Interim Water Service Agreement with the City. The Agreement shall be entered into prior to final plat approval for a partition or subdivision, or the issuance of a building permit by the City, and shall demonstrate compliance with the following standards: 1. After consulting with Fire District q3, an Applicant for interim water service shall cause the preparation and submittal of engineered plans to Fire District JJ3. The engineered plans shall identify the minimum domestic and fire suppression water needs, the proposed water source, storage and distribution facilities necessary to meet the minimum water needs for both domestic use and fire suppression. The engineered plans shall be prepared by a qualified Page 2 CAP072414 Page 53 i ' ERITA TeR s - INTERSTATE 5-7�- < IR o o o - m ii-- Eligible Interim Wae w4 V. a JM- e AeSrvc w Urban Reserves ..WILLOW SPRINGSRO C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs Agreement on forms that the City will provide which acknowledges that: 1. A public water system is not available and that it is the owners responsibility, at time of development, to demonstrate the owners ability to provide, both physically and financially, adequate private water service for the proposed development; 2. At such time as a public water system becomes available it will be the owner's responsibility, at the owner's sole cost and expense, to connect to the public water system; and 3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim Water Service Agreement pursuant to Subsection D. D. Interim Water Service Agreement. At time of a development proposal the owner shall enter into an Interim Water Service Agreement with the City. The Agreement shall be entered into prior to final plat approval for a partition or subdivision, or the issuance of a building permit by the City, and shall demonstrate compliance with the following standards: 1. After consulting with Fire District q3, an Applicant for interim water service shall cause the preparation and submittal of engineered plans to Fire District JJ3. The engineered plans shall identify the minimum domestic and fire suppression water needs, the proposed water source, storage and distribution facilities necessary to meet the minimum water needs for both domestic use and fire suppression. The engineered plans shall be prepared by a qualified Page 2 CAP072414 Page 53 professional engineer licensed in Oregon that bears his /her professional stamp and seal and shall include an engineer's estimate of the cost to construct the water system per the approved engineered plans. 2. The engineered interim water service plans shall be submitted to Fire District #3 which will have sole authority to determine, on behalf of the City, whether the plans comply with the following standards and provided that reasonable and appropriate conditions may be attached by Fire District #3 to the approved plans: a) Minimum Water Source, Water Storage, and Water Pressure Standards. The engineering plans shall comply with and be governed by Oregon law, including the 2030 Oregon Fire Code, as amended, with respect to water source, water storage, minimum water pressure for domestic and fire suppression purposes, and for any other matter concerning the engineering and delivery of interim water service pursuant to this Section. An applicant shall provide evidence sufficient from the Oregon Water Resources Department to establish a lawful right to use ground or surface water to supply interim water service. Water Quality. Water supplied by groundwater for interim water service and which is intended for human consumption shall meet State of Oregon water quality standards for drinking water. Wells shall be tested annually for quality in accordance with Oregon law. b) Approval of Engineered Plans for Interim Water Service. Fire District #3 shall approve the engineered plans when such plans are deemed to comply with the standards for service set forth in above Subsection (D)(2)(a). Fire District #3 will transmit a copy of the approved engineering plans and cost estimate to the City promptly following its approval, along with any conditions recommended to be incorporated into the Interim Water Service Agreement. The City may then enter into an Interim Water Service Agreement with the property owner. c) As a condition of the Interim Water Service Agreement the Applicant shall be required City, -r c2-h In u.,., of 2 hand %a th . G4ycomplete construction of the approved interim water system prior to issuance of a Certificate of Occupancy i&&u ng4Gwpk4kw of4li. inwrim w2wr p,r th, . ............d.,.gIA.,....,d.-2m Th.. ..G. -Fity F2u h.. .,cwed .,. r.,_i _.,.,.,..._i W 2 d.,v ,i,...m ,n% p Oregon Water Resources Department. Prior to issuance of a building permit or final plat the Applicant shall provide the City with verification by the Oregon Water Resources Department that the project is exempt, or has obtained the necessary permits from the Oregon Water Resources Department. E. Limitations on Interim Water Service. Interim water service in accordance with this Section and as a prerequisite to the issuance of Development Permits shall only be approved for industrial, Page 3 CAP072414 Page 54 commercial and institutional uses and supporting uses thereof. Residential uses other than those in conjunction with permitted industrial, commercial and institutional uses, are not eligible to receive approval for interim water service. However, nothing in this Section shall be construed to prevent the repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson County and zoned to permit residential uses. F. Duration of Interim Water Service. Once an Interim Water Service Agreement is approved by the City, interim water services may be installed, subject to approval by the Oregon Water Resources Department, by the owner and continued to be used in accordance with the terms of the Agreement and this Section until such time that: 1. A permanent public water supply and delivery system is installed in the area and adequate water supply mains are located within 300 feet of any property authorized for interim water service or otherwise meets the requirements of the Central Point Municipal Code. At such time as a public water system is available the City will provide written notice to the owner who shall be required within ninety (90) days or such greater time as the parties may agree to properly abandon the interim water system, and connect to the public water system. Such connection shall be at the owner's sole cost and expense. It is further provided that nothing in this Section shall prevent the City, at its sole discretion, to permit the continued use of interim water for landscape irrigation or for any other lawful purpose after connection to a permanent public water system. Where it is proposed and lawfully permissible to interconnect the interim and public water systems, proper back0ow prevention device(s) shall be installed; and 2. Additional development is proposed on the property, or additional off -site development that will jointly use the interim water system approved by the Agreement, at which time an amended Agreement will be required. G. Shared Services. Authorized interim water service provided by one or more wells located on a parcel may be permissibly shared, subject to approval by the Oregon Water Resources Department, with other adjacent and nearby properties subject to an amended Interim Water Service Agreement, prepared in accordance with Section D that includes all affected properties. H. Binding Agreement. Approval of an Interim Water Service Needs Agreement and an Interim Water Service Agreement by the City shall be in the form of a binding, civilly enforceable legal contract between the City and owner of the property for which interim water service approval is sought. Both the Interim Water Service Needs Agreement and the Interim Water Service Agreement shall be recorded and run with the land and be binding upon successors in interest. Upon connection to a public water system the Interim Water Service Needs Agreement and the Interim Water Service Agreement shall be terminated pending City's approval, after which the termination shall be recorded. Page 4 CAP072414 Page 55 PASSED by the Council and signed by me in authentication of its passage this _ day of July 2014. Mayor Hank Williams ATTEST: City Recorder Return to Agenda CAP072414 Page 56 Page 5 Resolution Adopting Agreement Between Twin Creeks and the City CAP072414 Page 57 STAFF REPORT AGENDAITEM: pm— CENTRAL POINT STAFF REPORT July 24, 2014 Planning Department Tom Humphrey,AlU,, Community Development Director/ Resolution Adopting an Agreement between the City of Central Point and Twin Creeks Development, Inc. Restating Responsibility and Committing to Finish Required Public Improvements STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: As part of the approval for Twin Creeks Transit- Oriented Development (TOD), the developer agreed to participate in certain infrastructure improvements as set forth in the Master Plan. Previously, there was a Pre - Annexation Development Agreement setting forth the developer's and the City's responsibilities with respect to completing the identified improvements. The Pre - Annexation Agreement expired in 2008 and a new agreement needs to be adopted restating responsibilities. This agreement is even more important now that the City is expected to match funding it will receive from the State of Oregon. Attachment A is a Resolution that includes a new agreement as Exhibit "A. The general scope of the Agreement has been discussed with the City Council in the past and, based on earlier comments the agreement was prepared and has been signed by the Twin Creeks investors. ISSUES: There are no real issues with this item because the parties have mutually agreed to the recitals and substance of the agreement. It should be understood that approval of the resolution is limited to this agreement with Twin Creeks Development. A separate resolution will be presented to the City Council to accept an award of state funding to complete a new railroad crossing. Staff is prepared to explain current events and answer any questions the Council may have. ATTACHMENTS: Attachment "A"— Resolution No. A Resolution Adopting an Agreement Between Twin Creeks Development CO., LLC and the City of Central Point ACTION/RECOMMENDATION: Approve Resolution No. _ A Resolution Adopting an Agreement Between Twin Creeks Development CO., LLC and the City of Central Point. Page I of I CAP072414 Page 58 RESOLUTION NO. A RESOLUTION ADOPTING AN AGREEMENT BETWEEN TWIN CREEKS DEVELOPMENT CO., LLC AND THE CITY OF CENTRAL POINT WHEREAS, the City approved the Twin Creeks Transit- Oriented Development as an amendment to its Comprehensive Plan in 2001; and WHEREAS, a Pre - Annexation Development Agreement was also adopted in 2001 in support of the Comprehensive Plan amendments to ensure the construction of various infrastructure projects in the development including the Twin Creeks /Highway 99 at -grade railroad crossing and WHEREAS, the Pre - Annexation Development Agreement has expired and a subsequent agreement is necessary to ensure the construction of transportation and utility improvements; and WHEREAS, the Twin Creeks /Highway 99 at -grade railroad crossing is identified in the City's 2008 Transportation System Plan (TSP) as a high priority Tier 1, Short-term project (Project No. 202); and WHEREAS, the completion of the Twin Creeks/Highway 99 at -grade railroad crossing is critical to subsequent commercial development in Twin Creeks and economic development in the City of Central Point; and WHEREAS, the City Council of the City of Central Point deems that the necessity, convenience and the general welfare of the public will benefit by this agreement; NOW, THEREFORE, THE CITY OF CENTRAL POINT RESOLVES AS FOLLOWS, to enter into an agreement with Twin Creeks Development Co. LLC in the manner stated in said agreement which is Exhibit "A ". BE IT FURTHER RESOLVED that the City Council directs the City Manager to consummate the agreement (Exhibit "A ") following the adoption of this resolution. PASSED by the City Council and signed by me in authentication of its passage this day of 12014. Mayor Hank Williams ATTEST: City Recorder Return to Agenda City Council Resolution No. (7/24/2014) CAP072414 Page 59 Exhibit A TWIN CREEKS TRANSIT ORIENTED DEVELOPMENT AGREEMENT Effective Date: Parties: City of Central Point 140 South Third Street Central Point, OR 97502 ( "City") Twin Creek Development Co., LLC ('Developer ") P.O. Box 3577 Central Point, OR 97502 Recitals: A. Developer is the owner of real property located in Jackson County, Oregon more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, located within the Twin Creeks TOD Master Plan. A copy of the Twin Creeks TOD Master Plan Map is attached hereto as Exhibit "B" (the "Subject Property"). B. In 2001, Developer applied for, and City approved, a Pre- Annexation Development Agreement and Master Plan for the Central Point Transit - Oriented District ( "TOD "). As part of that agreement, Developer agreed to make a number of transportation and utility improvements to provide service to the Subject Property. Those improvements were incorporated into the Master Plan as conditions of approval. The improvements include, without limitation, railroad crossing and intersection improvements for a new TOD Crossing and upgrades at Twin Creeks Crossing (extended) and Highway 99 per Oregon Public Utilities Commission and ODOT requirements (the "Railroad Crossing")_ C. Throughout the course of development of the Subject Property, City contributed substantial improvements to the transportation infrastructure improvements required of Developer under the Master Plan. Further, City has applied for a grant to aid Developer with the costs of the Railroad Crossing. Such grant will not cover the full cost of the Railroad Crossing and Developer will be required to contribute a share of the costs of the crossing in lieu of making the full improvements itself. D. As City is relying upon Developer's contribution to the Railroad Crossing in applying for the grant, and Developer no longer owns all of the land within the CAP072414 Page 60 Master Plan area, the parties desire to clarify and assure the performance of Developer's obligations related to the Railroad Crossing. Agreement: 1. The recitals are incorporated into this Agreement and made a part hereof. 2. As Developer's share of the cost of improving the Railroad Crossing, Developer shall: a. Prior to October 1, 2014 obtain the necessary permits from federal, state and local agencies for construction of the extension of utilities and the pavement of Twin Creeks Crossing from the current terminus easterly to the railroad right -of -way improvements as identified in the drawings entitled "Griffin Creek Overflow Flood Mitigation Plan' dated March 11 2013, which is attached hereto as Exhibit "C ", and complete construction of same no later than October 1, 2015. To secure such obligation, a personal guaranty shall be required, in substantially the form attached hereto as Exhibit "D ". If Developer fails to complete construction within the time provided herein, the City may, at its option, make such improvements on Developer's behalf and seek reimbursement for such improvements from Developer, and /or its Guarantor as provided in the personal guaranty attached hereto as Exhibit "D"; and b. Pay to the City into the Railroad Crossing Account the following amounts: No later than December 1, 2014 cash in the amount of $125,000.00. No later than December 1, 2015 cash in the additional amount of $125,000.00. No later than December 1, 2016 cash in the additional amount of $125,000.00. No later than July 1, 2017 cash in the additional amount of $125,000.00. To secure such obligation, a personal guaranty shall be required, in substantially the form attached hereto as Exhibit "D ". In the event any payment required of Developer pursuant to this agreement becomes past due for a period of 10 days or more, the principal balance owing pursuant to this Agreement shall, automatically and without further notice to Developer, accrue interest at the rate of twelve percent (12 %) per annum until such time as the delinquent payment is paid ( "Default Interest "). City may treat the failure to pay such additional interest as a default hereunder. The acceptance of payments or performance by City shall not be deemed a waiver of City's right to collect Default Interest. Interest shall be calculated on the basis of a 30 -day month and a 360 -day year. ii. In the event construction of the railroad crossing is abandoned by the City and said abandonment is replaced by an alternative route; CAP072414 Page 61 which actions shall be acknowledged in the City's Transportation System Plan ( "TSP), then the City shall have the authority to use the payments for the designated alternative route. If the City abandons construction of the railroad crossing and does not designate an alternative route; which action shall be acknowledged in the City's TSP, then the City shall refund the payments made by Developer under Section 6 herein, without interest. 7. In consideration for the City's contribution to the transportation improvements identified in the Master Plan approval, Developer agrees to waive all rights to reimbursement from the City for any current or future qualifying Street SDC fees for streets already built or proposed to be built within the Subject Property. 4. As additional consideration for the City's contribution to the transportation improvements identified in the Master Plan approval, Developer agrees to waive all rights to reimbursement from the City for any qualifying Parks SDC fees for parks already built or required to be built in the future within the Subject Property. 5. Nothing herein is intended to alter or modify the requirements to improve the streets, utilities and parks identified in the Master Plan, except as expressly modified herein. 6. This Agreement has been prepared on behalf of the City of Central Point. Developer has been advised that it should seek independent legal counsel as to the effect of this Agreement on its rights. OFFICIAL SEAL ELAINE 8 FROST NOTARY PUBLIC - OREGON COMMISSION NO, 459162 MV COMMISSION EXPIRES JUNE 26 2075 Dated: 7 3 Df Dated: TWIN CREEKS DEVELOPMENT CO., LLC 01 By: Bret Moore, Manager "Developer" CITY OF CENTRAL POINT m a c By Its: Q 0 c m K CAP072414 Page 62 EXHIBIT OW PROPERTY OWNED BY TWIN CREEKS DEVELOPMENT CO., LLC as of 12 -20 -2013 j ASSTSSOItSTA %LOT „ASSESSAi1S' #° No. 1 372W03DC3400 10140165 TWIN CREEKS DEVELOPMENT COMPANY, LLC 1 J /LWUJCA9UU 10985724 TWIN CREEKS DEVELOPMENT COMPANY, LLC 3 372W03CA1500 10985725 TWIN CREEKS DEVELOPMENT COMPANY, LLC 4 372W03CA1600 10985725 TWIN CREEKS DEVELOPMENT COMPANY, LLC 5 372W03DB90D 10985507 TWIN CREEKS DEVELOPMENT COMPANY, LLC 6 372W03CA126 10985748 TWIN CREEKS DEVELOPMENT COMPANY, LLC 7 372WO3DC3402 10980147 TWIN CREEKS DEVELOPMENT COMPANY, LLC 8 372W03DC3409 10980154 TWIN CREEKS DEVELOPMENT COMPANY, LLC 9 372W03DC3411 10985594 TWIN CREEKS DEVELOPMENT COMPANY, LLC 10 372W03131601 10631951 TWIN CREEKS DEVELOPMENT COMPANY, LLC 11 372W03CS7101 10986679 TWIN CREEKS DEVELOPMENT COMPANY, LLC 12 372W03BD4000 10986373 TWIN CREEKS DEVELOPMENT COMPANY, LLC 13 372WO3BD4100 10986372 TWIN CREEKS DEVELOPMENT COMPANY, LLC 14 372WO3CA704 10986692 TWIN CREEKS DEVELOPMENT COMPANY, LLC 15 372W03BD2900 10986398 TWIN CREEKS DEVELOPMENT COMPANY, LLC 16 372W03BC2700 10986415 TWIN CREEKS DEVELOPMENT COMPANY, LLC 17 372WD3CA111 10985733 TWIN CREEKS DEVELOPMENT COMPANY, LLC 18 372W03CA130 10985752 TWIN CREEKS DEVELOPMENT COMPANY, LLC 19 372W03BD3800 10986375 TWIN CREEKS DEVELOPMENT COMPANY, LLC 20 372W03CAS01 10986694 TWIN CREEKS DEVELOPMENT COMPANY, LLC 21 372W03BD2000 10986395 TWIN CREEKS DEVELOPMENT COMPANY, LLC 22 372W03BD2100 10986405 TWIN CREEKS DEVELOPMENT COMPANY, LLC 23 372W03BC2500 10986413 TWIN CREEKS DEVELOPMENT COMPANY, LLC 24 372W03BD3203 10986685 TWIN CREEKS DEVELOPMENT COMPANY, LLC 25 372W03CA702 10986690 TWIN CREEKS DEVELOPMENT COMPANY, LLC 26 372W03BC800 10986407 TWIN CREEKS DEVELOPMENT COMPANY, LLC 27 372W03BD42D0 10986369 TWIN CREEKS DEVELOPMENT COMPANY, LLC 28 372W03CB7200 10986421 TWIN CREEKS DEVELOPMENT COMPANY, LLC 29 372W03BC2000 10986429 TWIN CREEKS DEVELOPMENT COMPANY, LLC 30 372W03B1800 10196422 TWIN CREEKS DEVELOPMENT COMPANY, LLC 31 372W03BC900 10986408 TWIN CREEKS DEVELOPMENT COMPANY, LLC 32 372W03CA703 10986691 TWIN CREEKS DEVELOPMENT COMPANY, LLC 33 372W03CA802 10986695 TWIN CREEKS DEVELOPMENT COMPANY, LLC 34 372W03CA803 10986696 TWIN CREEKS DEVELOPMENT COMPANY, LLC 35 372W03BD3201 10986683 TWIN CREEKS DEVELOPMENT COMPANY, LLC 36 372W03CA114 10985736 TWIN CREEKS DEVELOPMENT COMPANY, LLC 37 372W03BD32DD 10986399 TWIN CREEKS DEVELOPMENT COMPANY, LLC 38 372W03BD2300 10986396 TWIN CREEKS DEVELOPMENT COMPANY, LLC 39 372WO3BD3500 10986378 TWIN CREEKS DEVELOPMENT COMPANY, LLC 40 372W03BD3600 10986377 TWIN CREEKS DEVELOPMENT COMPANY, LLC CAP072414 Page 63 EXHIBIT "A" IASSIESSORSTARLOT A�ASSESSORS K 'r NO ^ ^` °'6 NO.. ACCOUNT NO. fE# OLYMER 41 372W036D3300 10986401 TWIN CREEKS DEVELOPMENT COMPANY, LLC 11 iuybu4uu [WIN CREEKS DEVELOPMENT COMPANY, LLC 43 372W03CA1100 10985722 TWIN CREEKS DEVELOPMENT COMPANY, LLC 44 372W03CA1200 10985721 TWIN CREEKS DEVELOPMENT COMPANY, LLC 45 372W0313C700 10986393 TWIN CREEKS DEVELOPMENT COMPANY, LLC 46 372W03BD3202 10986684 TWIN CREEKS DEVELOPMENT COMPANY, LLC 47 372W03CA804 10986697 TWIN CREEKS DEVELOPMENT COMPANY, LLC 48 372W03CB7100 10986420 TWIN CREEKS DEVELOPMENT COMPANY, LLC 49 372W03C101 10633028 TWIN CREEKS DEVELOPMENT COMPANY, LLC 50 372WD3CA108 10985730 TWIN CREEKS DEVELOPMENT COMPANY, LLC 51 372W03CA113 10985735 TWIN CREEKS DEVELOPMENT COMPANY, LLC 52 372WD3BC2200 10986410 TWIN CREEKS DEVELOPMENT COMPANY, LLC 53 372W03BC2300 10986411 TWIN CREEKS DEVELOPMENT COMPANY, LLC 54 372W03CA109 10985731 TWIN CREEKS DEVELOPMENT COMPANY, LLC 55 372W03C138 10985727 TWIN CREEKS DEVELOPMENT COMPANY, LLC 56 372W03CB7103 10986681 TWIN CREEKS DEVELOPMENT COMPANY, LLC 57 372W03CA3400 10985728 TWIN CREEKS DEVELOPMENT COMPANY, LLC 58 372W038D1700 10986394 TWIN CREEKS DEVELOPMENT COMPANY, LLC 59 372WOBD2600 10986397 TWIN CREEKS DEVELOPMENT COMPANY, LLC 60 372W03CA110 10985732 TWIN CREEKS DEVELOPMENT COMPANY, LLC 61 372WC3CA112 10985734 TWIN CREEKS DEVELOPMENT COMPANY, LLC 62 372W03CA705 10986693 TWIN CREEKS DEVELOPMENT COMPANY, LLC 63 372WD3BD1300 10986390 TWIN CREEKS DEVELOPMENT COMPANY, LLC 64 372W03BD3302 10986687 TWIN CREEKS DEVELOPMENT COMPANY, LLC 65 372W03803900 10985374 TWIN CREEKS DEVELOPMENT COMPANY, LLC 66 372W03BD3301 10986685 TWIN CREEKS DEVELOPMENT COMPANY, LLC 67 372W03BD3100 10986380 TWIN CREEKS DEVELOPMENT COMPANY, LLC 68 372W03BC201 10991725 TWIN CREEKS DEVELOPMENT COMPANY, LLC 69 372W03CA107 10985595 TWIN CREEKS DEVELOPMENT COMPANY, LLC 70 372WC3BD3700 10986376 TWIN CREEKS DEVELOPMENT COMPANY, LLC 71 372W03CB6600 10986445 TWIN CREEKS DEVELOPMENT COMPANY, LLC 72 372WO3BC354 10998395 TWIN CREEKS DEVELOPMENT COMPANY, LLC 73 372W03BC316 10998387 TWIN CREEKS DEVELOPMENT COMPANY, LLC 74 372WD3BC318 10998389 TWIN CREEKS DEVELOPMENT COMPANY, LLC 75 372W03BC319 10998390 TWIN CREEKS DEVELOPMENT COMPANY, LLC 76 372W036C303 10998373 TWIN CREEKS DEVELOPMENT COMPANY, LLC 77 372W03BC300 10633036 TWIN CREEKS DEVELOPMENT COMPANY, LLC 78 372W03BC310 10998381 TWIN CREEKS DEVELOPMENT COMPANY, LLC 79 372W03BC308 10998379 TWIN CREEKS DEVELOPMENT COMPANY, LLC 80 372WO3BC309 10998380 TWIN CREEKS DEVELOPMENT COMPANY, LLC 81 372WD3BC306 10998377 TWIN CREEKS DEVELOPMENT COMPANY, LLC 82 372W03BC305 10998376 TWIN CREEKS DEVELOPMENT COMPANY, LLC 83 372WO3BC307 10998378 TWIN CREEKS DEVELOPMENT COMPANY, LLC 84 372W038C100 10883813 TWIN CREEKS DEVELOPMENT COMPANY, LLC CAP072414 P;g 64 EXHIBIT "A" ASSESSORS TAX 107 ASSESSORS NO "" NO. "' ACCOLPTNO.' �' FEEOWNER 85 372W038C200 10196414 TWIN CREEKS DEVELOPMENT COMPANY, LLC 0o ai<vvv3u�enue IUV6JWb [WIN CREEKS DEVELOPMENT COMPANY, LLC 87 372W03C208 10782603 TWIN CREEKS DEVELOPMENT COMPANY , LLC 88 372WC3CB5700 10984649 TWIN CREEKS DEVELOPMENT COMPANY, LLC CAP072414 P3je 65 'i W➢ N C R r R K S T RA NSI'T - U R I RN TED D @: V F L() PM RNT now k.w"- ,Immm.N, tit:., lC7 w•qi..., ,...a mva ,—A,.. 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WO �Ji i5 d- 1- i ;4a 4P0]9414 Pang O n2 F 0 O 8 dl e W $r 4a. ag goa Eq € e,a t es1 nd; ^'= F @ ii 0 6 Fk �sf� _Wa. $$� a eiPa &�tyy$s a 6 $'�� � Ay.. SayW�BSPFd °j e9 i�itl. vX� 1 E1 g{ v E { °' ;d(lilj i ilh {��kl� la EF t I R. I x lE B M 4E M.'A1N �i I Jill all II II 1,.1 1 1 i 4P0]9414 Pang O n2 F 0 O 8 dl e W $r 4a. ag goa Eq € e,a t es1 nd; ^'= F @ ii 0 6 Fk �sf� _Wa. $$� a eiPa &�tyy$s a 6 $'�� � Ay.. SayW�BSPFd °j e9 Memorandum �s� Northwest Hydraulic Consultants 15300 Christensen Road, Suite 350 Seattle, WA 98188 206.241.6000 206.439.2420 (fax) DATE: August 5, 2013 NHC PROJECT: 200044 TO: Bret Moore COMPANY /AGENCY: Twin Creeks Development Company, LLC FROM: Peter Brooks, P.E. SUBJECT: FEMA Conditional Letter of Map Revision Application for the Twin Creeks Development Project Introduction Northwest Hydraulic Consultants Inc. (NHC) has been retained by the Twin Creeks Development Company LLC (TCDC) to prepare a Conditional Letter of Map Revision (CLOMR) application package for the Twin Creeks Development in the City of Central Point, Jackson County, Oregon (FEMA Community Number 410092). The Twin Creeks Development is located along a recently designated FEMA 100 -year floodplain (Zone AE), with regulatory floodway, which became effective with the adoption of the Jackson County Flood Insurance Study (FIS( in May, 2011 (FEMA, 2011). The floodplain within the development is an overflow path that connects the left overbank of Griffin Creek to the right overbank of Jackson Creek. A conceptual level flood improvement design has been developed to more efficiently convey Griffin Creek overflow through the site. The primary improvement consists of excavating a continuous overflow channel along the eastern edge of the project site to improve overall flood conveyance through the development. The flood improvement design also includes a proposed double - barreled culvert structure routing flows below the Twin Creeks Crossing. The Twin Creeks Crossing will serve as a main arterial connecting the development with Pacific Highway (State Highway 99) located to the east (see Figure 1). Anticipated flood improvements associated with these features include lowered Base Flood Elevations (BFES) and reduced 100 -year floodplain and floodway extents, relative to effective conditions. This memorandum summarizes the approach and results of the technical analysis conducted by NHC for the Twin Creeks Development CLOMR. Background The Twin Creeks Development is located within a recently designated Special Flood Hazard Area (SFHA) between two separate flooding sources, Jackson and Griffin Creeks (see Figure 1). The SFHA, including regulatory floodway, were determined through detailed studies of Jackson and Griffin Creeks conducted by NHC for the City of Central Point (City) and FEMA as part of the Jackson County HIS (FEMA, 2011). Findings from these studies indicated that flooding In the area originates from overflow of Griffin Creek, immediately upstream of Pacific Highway, and continues to the northwest to merge with Jackson Creek. water resowrespedialists t age 75 EXHIBIT Page 2 The reach connecting Griffin and Jackson Creeks within the development is referred to as the 'Jackson Creek Overbank'. Figure 1 Location Map of Twin Creeks Development showing Effective FEMA Flood Hazard Mapping )FEMA, 011). CAP072414 Page 76 EXHIBIT FFCr. Page 3 The effective flood plain mapping between the two study reaches, through the Twin Creeks Development, is broad and unconfined, resulting in a relatively wide floodway delineation. It Should be noted that this reach does not receive perennial flow and would function as an overflow channel during infrequent, high magnitude flood events (there has been no observed flooding from Griffin Creek at the project site). Draft mapping for Griffin and Jackson Creeks was provided to FEMA in 2008, and the restudies of both creeks became effective when the Jackson County HIS was adopted by FEMA and Jackson County on May 3, 2011. The Twin Creeks Development is a master plan community that precedes the most recent FEMA studies within the City of Central Point. When construction of the Twin Creeks Development began, prior to initiation of NHC's detailed studies of Jackson and Griffin Creeks, the area was not mapped as a SFHA. Development continued while the technical analysis for the updated HIS was being conducted (2006 to 2009). In 2009, the City began using preliminary flood hazard mapping, provided by NHC, to regulate development. Thereafter, construction within the Twin Creeks Development was limited to areas outside what is now the effective floodway. To date, development within the Twin Creeks project site is compliant with both FEMA and City floodplain management regulations. CLOW Submittal Information This memo contains appropriate supporting information for the CLOMR submittal. A narrative on the technical analysis is provided in the following text. Other supporting information prepared by NHC is provided in the appendices as follows: Appendix A. Certified Topographic Floodplain and Floodway Map Appendix B. Annotated FIRM Appendix C. Completed MT -2 Application Forms Appendix D. NFIP Regulatory Requirements, including a proposed example public announcement and notification letter for floodway revision Additional supporting information to he attached to this submittal Includes: Conceptual -Level Flood Improvement Design Plans (provided by Whetstone Engineering) Endangered Species Act (ESA) Compliance Documentation (provided by the TCDC) Technical Analysis NHC completed several technical tasksforthis CLOMR following FEMA MT -2 instructions. Model scenarios presented include a Duplicate Effective Model that replicates the water surface elevations in the effective Jackson County FIS, and a Revised Conditions Model simulating the proposed construction of the flood channel. Elevations specified in this memo are referenced to the NAVD 1988 vertical datum. Data Description Duplicate Effective Conditions NHC completed the most recent detailed flood studies of Griffin and Jackson Creeks for the City of Central Point and FEMA as part of the recently adopted Jackson County FIS (FEMA, 2011). As such, NHC already has possession of the duplicate effective hydraulic models for both Jackson and Griffin Creeks, CAP072414 Page]] EXHIBIT "C' Page 4 as well as the 2006 City of Central Point LiDAR topographic data used for the floodplain mapping. These data were located in the Technical Support Data Notebook (TSDN) submitted to FEMA at the conclusion of the Jackson County FIS. Revised Conditions Revised condition topographic data in the form of a master grading plan were provided to NHC by Whetstone Engineering on December 18, 2012. The grading plan consisted of 1 -foot interval contours, in AutoCAD format, and included areas developed after the 2006 LiDAR were collected and while the effective HIS was being conducted from 2006 to 2009, as well as the proposed development of the Phase III area of the North Village (see Figure 1). This submitted technical assessment assumes there is no development of the North Village outside of the 'Phase III' portion (see Figure 1). NHC used the grading plan data provided by Whetstone Engineering to construct a digital elevation model (DEM) in ArcG 15 of the Revised Conditions. The grading plan includes construction of a continuous flood (or overflow) channel and culvert structure at the Twin Creeks Crossing. The flood channel would connect with the existing detention pond adjacent to Griffin Creek and proceed northward toward Jackson Creek. Physically, the flood channel terminates at a proposed detention pond at the northern limit of the Twin Creeks development, but during a 100 -year event this area will be inundated and drain overland toward the Scenic Avenue Bridge crossing to the west on Jackson Creek. The proposed flood channel would consist of a compound channel (see Figure 2). The top width of the proposed flood channel would range from 65 to 75 feet with approximately 20 -foot wide flood benches located on either side of an existing 20 -foot wide drainage swale. This swa le was constructed between 2006 and 2009 and includes six approximately 2- foot high check dam structures located within the channel for stormwater treatment purposes. The project also proposes to construct a culvert crossing consisting of two 18 -foot wide, 9 -foot tall arch structures at Twin Creeks Crossing, a primary access point between the Twin Creeks Development and Pacific Highway. Conceptual -level flood improvement plans for the proposed channel and culvert structure, prepared by Whetstone Engineering, are attached to this submittal. -- Figure 2 codes section profile of proposed compound channel (River Station 2350.69) CAP072414 Page 78 EXHIBIT "C" Page 5 Engineering Methods — Hydraulic Modeling General Model Description The Jackson Creek HEC -RA5 hydraulic model includes the main stem of Jackson Creek located to the west of the Twin Creeks Development (see Figure 1), but also includes Jackson Creek Overpack reach which was used to compute flood levels within the Twin Creeks Development. As previously mentioned, flood waters enter the Jackson Overbank reach from Griffin Creek where overtopping of the left bank occurs upstream of Pacific Highway. Discharges escaping the Griffin Creek system and entering the Jackson Overbook reach were computed through a series of "lateral structures' within the HEC -RAS model for the 10-, 50 -, 100-, and 500 -year return periods. These discharges from the effective HIS were used for this CLOMR analysis and are provided in Table 1. Table 1. Computed Flood Discharges Entering the Jackson Creek Overbank Reach from Griffin Creek (FEMA, 2011). Return Period 30-year 50 -year 100 -year 500 -year Discharge (cfs) 326 922 1220 1850 Duplicate Effective and Revised Condition HEC -RAS models are being submitted as part of this CLOMR analysis. Two HEC- RAS'plans' are associated with each modeled condition: a Floodplain and Floodway plan. Separate Floodplain and Floodway plans were developed because changes to the geometry files were necessary to perform the encroachment analysis (e.g. turning off optimization of lateral weirs). Duplicate Effective Model The effective model is available, as previously discussed; however, it was developed using HEC -RAS Version 3.1.3. The effective model was re -run in HEC -RAS Version 4.1.0 for the CLOMR analysis and the 100 -year and Floodway simulations have been reproduced within 0.01 feet at FEMA lettered cross - sections C through N (Table 2). Differences at cross- section A and B are a maximum of 0.23 feet and are the result of late modifications made to the Jackson Creek model that did not get incorporated into the adopted Jackson County FIS (FEMA, 2011). The Duplicate Effective Model consists of the entire Jackson Creek HEC -RAS model, including the Jackson Creek Overbank reach, which spans the area proposed to be physically modified by the project. The effective Jackson Creek Overpack reach contains a total of 16 cross - sections, 14 of which are lettered (A to N) as shown in Appendix B. The upstream and downstream limits of the Jackson Creek Overbank reach are delineated by study break lines. Therefore, any changes on the Overbank Reach do not propagate upstream and impact conditions in Griffin Creek as long as the submergence of the lateral structures does not change. The model includes downstream to Jackson Creek in order to tie into the effective model. Revised Condition Model The Revised Condition Model was created by addingthe proposed flood channel and twin barrel culvert structure combined with the revised condition grading plan mentioned in the Data Description section. A total of 31 new cross - sections were inserted into the Jackson Overbank reach in the Revised Conditions Model to augment the 16 cross- sections in the Duplicate Effective Model (see Appendix A). The new cross - sections were added to represent the geometries of the six existing check -dam structures CAP072414 Page 79 EXHIBIT "Cis Page 6 and the Twin Creeks Crossing culvert structure as well as an additional proposed check -dam structure to be located at the outlet of the upstream detention pond. An additional modification made to the Revised Condition Model included splitting the Jackson Creek Overbank reach into parallel reaches between effective crass - sections 1 and N, to separately compute flood levels between the proposed flood channel and the left overbank. Only 5% of the total 100 -year discharge (Table 1) is computed as entering the left overbank split reach. Computed flooding in the overbank split reach is predominantly shallow (less than 1 -foot) sheet flow, but deepens to over 1 -foot in a small area in the vicinity of cross - section 1. Considering the pending nature of computed flooding in this area, Le. constant elevation and low velocity, it was delineated Zone AH with an elevation of 1246 feet, Downstream of this area, shallow (less than 1 -foot) sheet flow flooding resumes. Table 2. Comparison of Effective FIS to Duplicate Effective Water Surface Elevations for the 100 -year and'Floodway Simulations. Effective FIS Cross - Section 100 -year Floodplain Floodway (HEC -RAS v Station in � ' f0 '- 91 Parenthesis) v v v A (793.2) 1238.36 1238.49 -0.13 1239.18 1239.18 0.00 B (951.8) 1238.61 1238.84 -0.23 1239.60 1239.60 000 C (1188.3) 1239.72 1239.72 0.00 1240.55 1240.56 0.00 D (1554.8) 1240.75 1240.75 0.00 1241.33 1241.33 0.00 E (1689.0) 1241.82 1241.81 0.01 1242.55 1242.55 0.00 F(1966.3) 1242.82 1242.82 0.00 1243.76 1243.76 0.00 G (2113.1) 1243.65 1243.65 0.00 1244.54 1244.54 O.OD H (2270.1) 1244.36 124437 -0.01 1245.29 1245.29 0.00 1 (2422.0) 1245.25 1245.25 0.00 1245.97 1245.97 0.00 J (2548.0) - 1245.86 - 1246.71 1246.71 0.00 K (3071.0) 1248.35 1248.34 0.01 1249.25 1249.25 0.00 L(3454.7) 1250.99 1250.99 0.00 1251.94 1251.94 0.00 M (3722.3) 1252.21 1252.21 0.00 1253.18 1253.18 0.00 N (3956.5) 1 1254.01 1254.01 D.00 1 1254.05 1254.05 0.00 Overall, the Revised Condition Model shows reductions in flood levels along the entire Jackson Creek Overbank reach compared to the effective conditions (Table 3). The upstream and downstream limits of the Jackson Creek Overbank reach are delineated by study reach breaklines, between Griffin Creek and the mainstem of,ackson Creek, respectively. Downstream, the Revised Condition Model simulates effective conditions to within 0.20 feet, which is within the 0.5 foot threshold specified by FEMA. Upstream, the proposed work within the Twin Creek Development will not impact the quantity of overflow entering the project (Table 1), thus changes to BFEs will not propagate upstream into Griffin Creek and the flood hazard boundaries are effectively tied -in at the study breakline between the two reaches. Table 4 tabulates the FEMA Floodway Data Table information from the Revised Model, CAP072414 Page 80 EXHIBIT r'Crr Page 7 Table 3. Comparison of Duplicate Effective and Revised Conditions. River Station Effee ive Revised (FEMA6p5n seRion Letter In paner1h.ps, wFere appropriate) 100 -Year Floodplain _ W v v _ _ ne 0_ p `w w w p ZZ 01 o tz « p 10 Floodway y a o o y ri v 293.2 (A) 0.28 1238.49 1238.29 -0.20 1239.18 1239.17 -0.01 951.8 (B) 160.54 1238.84 1238.39 -0.45 1239.60 1239.31 -0.29 - 232.77 - 1238.42 - - 1239.38 - - 2A7.95 - 1238.49 - - 1239.39 - - 265.49 - 1238.57 - - 1239.46 - 1188.3 (C) 401.53 123932 1238.84 -0.88 1240.56 1239.73 -0.83 - 579.14 - 1239.41 - - 1240.12 - - 706.95 -- 1239.94 - - 1240.52 - - 718.52 - 1239.98 - - 1240.49 - - 731.28 - 1240.27 - - 1240.71 - 1554.8 (D) 783.83 124075 1240.45 -0.30 124133 1240.92 -0.41 1689.0 (E) 1002.15 1241.81 1241.15 -0.66 1242.55 1241,76 -0.79 - 1117.80 - 1242.03 - 1242.28 - - 13137.03 - 1242.18 - - 1242.64 - - i100.W - 1242.35 - - 1242.59 - - 1211.98 - 1242.57 - - 1243.01 - 1966.3 (F) 1249.04 1242.82 1242.71 -0.11 1243.76 1243.26 -0.50 2113.1(G) 1358.70 1243.65 1243.11 -0.54 1244.54 1243.72 -0.82 22701 (H) 1495.18 1244.32 1243.85 -0.52 1245.29 1244.27 -1.02 2422A (1) 1646.26 1245.25 1244.82 -0.43 1245.97 1244.94 -1.03 - 1664.09 - 1244.95 - 1245.01 - - 1677.51 - 1244.96 - - 1245.00 - - 1691.00 - 1245.38 - - 1245 63 - 2548.0(1) 1757A9 1245.86 1245.70 -016 1246.71 1245.80 -0.91 - 1866.28 - 1245.13 - - 1246.27 - - 2019.16 - 1246.93 - - 124708 - - 213835 - 1247.67 - - 1247.78 - - 2153.71 - 1247.57 - - 1247.70 - 3071.0 (K) 2178.49 124834 1248.33 -0.01 1249.25 1248.43 -0.82 - 2350.68 - 1249.15 - - 1249.28 - 3454.7 (L) 2564.28 1250.99 1250.11 -0.88 1251.94 1250.23 -1.71 - 2611.46 - 125037 - - 1250.49 - - 2626.62 - 125038 - - 1250.50 - - 2642.96 - 1250.76 - - 1250.89 - - 2673.75 - 1250.81 - - 1250.94 - - 2732.76 - 1250.86 - - 1250.98 - 3722.3;M) 2832.34 1252.21 1251.22 -0.99 1253.18 125135 -1.83 - 2865.01 - 125136 - - 1251.49 - - 2927.39 - 1251.79 - - 1251.94 - - 3048.78 - 125280 - - 1253.13 - 3956.5 (N) 3067.82 1254.01 1252.83 -118 1254.05 1253.16 -0.89 - 3110.56 - 1252.85 - - 1253.18 - - 3143.45 - 1252.97 - - 1253.31 - - 3341.92 - 1253.41 - - 1253.71 - - 3355.18 - 1253.30 - - 1253.61 - - 3370.57 - 1253.65 - - 1253.90 - - 1 3639.101 1254.33 1254.56 CAP072414 Page 81 EXHIBIT "C4e Page 8 Table 4. Revised Floodway Information. Effective RAS River Station (FEMA Cross - section Letter in parenthesis, where appropriate) Revised RAS River Station Width (feet) Area (sq ft) Mean Velocity Ift /sec) Without Floodway (feet) With Floodway (feet) Increase (feet( 793.2 (A) 0.28 82 379 3.2 1238 3 1239.0 0.7 951.8 (e) 160.54 65 335 3.6 1238.4 1239.2 0.8 - 232.]] 65 313 3.9 1238.4 1239.3 0.8 - 247.95 66 289 4.2 12385 1239.3 0.8 265.49 66 307 4.0 1238.6 1239.3 0.8 1188.3 (C) 4a1.53 64 279 4.4 1238.8 1239.6 0.8 - 579.14 63 245 5.0 1239.4 1240.0 0.6 - ]06.95 63 242 5.1 1239.9 1240.5 0.5 - 718.52 63 208 5.9 1240.0 1240.4 0.5 - 731.28 63 240 5.1 1240.3 1240.7 0.4 1554.8 (D) ]83.83 63 235 5.2 1240.5 1240.9 04 1689.0 (E) 10028 63 223 5.5 1241.2 1241.8 16 - 1117.80 64 211 5.8 1242.0 1242.3 0.2 1187.03 63 210 5.8 1242.2 1242.6 0.5 1200.04 65 176 6.9 1242A 1242.6 02 - 1211.98 64 222 55 1242.6 1243.0 0.4 1966.3 (F) 1249..4 69 237 5.2 12427 1243.3 0.5 2113.1(G) 1358.70 72 244 5.0 1243.1 12437 0.6 2270.1(H) 1495.18 78 244 5.0 12419 1244.3 0.4 2422.0(1) 1646.26 73 220 5.5 1244.8 1244.9 0.1 - 1664.09 77 219 5.6 1245.0 1245.0 0.1 - 1677.51 76 186 fib 12450 1245.0 0.1 - 1691.00 76 239 5.1 1245.4 1245.4 0.1 2548.0 (1) 1757.49 76 242 5.0 1245.7 1245.8 0.1 - 1866.28 77 230 5.3 12461 1246.3 0.1 - 2019.16 79 218 5.6 1246.9 1247.1 0.1 - 2138.75 75 218 5.6 1247.7 1247.8 0.1 - 2153.71 80 168 7.3 1247.6 1247.7 GA 3071.0 (K) 2178.49 75 244 5.0 1248.3 1248.4 0.1 - 2350.68 76 241 5.1 12492 12493 0.1 3454.7 (L) 2564.28 74 226 5.4 1250.1 1250,2 0.1 - 2611.46 73 236 5.2 1250.4 1250.5 0.1 - 2626.62 77 206 5.9 '1250.4 1250.5 0.1 - 2642.96 75 294 4.2 1250.8 1250.9 0.1 - 26]3.]5 6B 270 4.5 1250.8 1250.9 0.1 - 2732.76 52 209 58 1250.9 1251.0 0.1 3722.3 (M) 2832.34 49 193 6.3 1251.2 1251.4 0.1 - 2865.01 42 191 6.4 12514 1251.5 0.1 - 2927.39 42 236 5.2 1251.8 1251.9 0.2 - 3048.78 42 281 4.4 1252,8 1253.1 0.3 - 3067.82 43 275 4.4 1252.8 1253.2 0.3 3956.5 (N) 3110.56 43 245 5.0 1252.9 1253.2 0.3 - 3143.45 49 262 4.7 12538 1253.3 0.3 - 3341.92 52 278 44 12534 12537 0.3 - 3355.18 49 216 57 1253.3 1253.6 0.3 - 3370.57 54 284 4.3 1253.7 1253.9 0.3 - 1 3639.01 66 267 4.6 1254.3 1254.6 0.2 CAP072414 Page 82 EXHIBIT 3rC36 Page 9 Notification This CLOMR lowers BFEs, reduces the extent of the 100 year floodplain, and proposes to narrow the floodway. In order to comply with NFIP and FEMA standards and policy for a proposed floodway revision, the FEMA MT -2 instructing state that the community can either be alerted through a published public announcement or individual letters sent to affected landowners. Examples of the proposed public announcement and notification letter for floodway revision are provided in Appendix D. Following acceptance of the language in these documents one or the other will be used to alert the community of the proposed project. Compliance with Endangered Species Act The TCDC has completed environmental permitting that documents that the project does not "take" or harm endangered species and is therefore in compliance with the Endangered Species Act. The relevant ESA compliance documentation, provided by the TCDC, is attached to this submittal. References Federal Emergency Management Agency (FEMA). 2011. Flood Insurance Study, Jackson County, Oregon and Incorporated Areas. Flood Insurance Study Number 41029V000A. May 3. Northwest Hydraulic Consultants (NHC). 2008. Hydraulic Summary, City of Central Point, Jackson County, Oregon. Document prepared for Michael Baker Jr. Corp. July 10. CAP072414 Page 83 EXHIBIT 11/ 11 Appendix A. Certified Topographic Floodplain and Floodway Maps CAP072414 Page 84 EXHIBIT "C" Appendix B. Annotated FIRM CAP072414 Page 85 EXHIBIT "C" Appendix C. Completed MT -2 Application Forms CAP072414 Page 86 EXHIBIT "C" Appendix D. NFIP Regulatory Requirements CAP072414 Page 87 EXHIBIT "C" EXHIBIT "D" GUARANTY Date: JulT 1201 OBLIGOR: TWIN CREEKS DEVELOPMENT CO., LLC GUARANTOR: ��QL` -C- !!UZoolzT_ ' alyi. CREDITOR: CITY OF CENTRAL POINT, a municipal corporation OBLIGATIONS GUARANTEED: The payment and performance of all liabilities and obligations owing by Obligor to Creditor pursuant to the Twin Creeks Transit Oriented Development Agreement dated 1j% l° 2014 ( "Agreement') for the extension of Twin Creeks Crossing, including contfibution to the costs of a railroad crossing within Twin Creeks TOD Master Plan in the original amount of Five Hundred Thousand and 00 /100 Dollars ($500,000.00) and the costs for construction of the extension of utilities and the pavement of Twin Creeks Crossing from the current terminus easterly to the railroad right- of-way improvements as identified in the drawings entitled "Griffin Creek Overflow Flood Mitigation Plan' dated March 11, 2013, as identified in Section 2a and 2b of the Agreement. For a valuable consideration the undersigned Guarantor, and each of them, jointly and severally and unconditionally guarantees and promises to pay, on demand, in lawful money of the United States of America, any and all indebtedness of the above named Obligor to Creditor, and Creditor's successors and assigns, as follows: 1. MAXIMUM LIABILITY: The liability of Guarantor hereunder shall not exceed at any one time the sum of. (a) The liabilities and obligations guaranteed described above including the principal amount thereof, if any; (b) An amount equal to all interest owed by Obligor at any time hereafter upon the principal indebtedness of Obligor, or owing with respect to the guaranteed liabilities and obligations; provided, that if such indebtedness shall exceed the dollar amount specified in item (a) above, if any, interest to be included in this item shall CAP072414 Page 88 be on such indebtedness not exceeding the amount specified in item (a) as shall be designated by Creditor; and (c) All costs, expenses and attorneys' fees, including any on appeals, incurred by Creditor in connection with the collection of the indebtedness of Obligor, with the guaranteed liabilities and obligations, or with the repossession, foreclosure and sale of any collateral. Such limitation on liability shall not be a restriction on the amount of the indebtedness of Obligor to Creditor either in the aggregate or at one time. 2. "INDEBTEDNESS" DEFINED: The word "indebtedness" is used herein in its most comprehensive sense and includes, but is not limited to, any and all advances, debts, obligations, and liabilities of Obligor, or any one or more of them, including judgments against Obligor, heretofore, now, or hereafter made, incurred or created, whether voluntarily or involuntarily and however arising, whether due or not due, absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Obligor may be liable individually orjointly with others or primarily or secondarily, or as guarantor, and whether recovery upon such indebtedness may be or hereafter may become barred by any statute of limitations, and whether such indebtedness may be or hereafter may become otherwise unenforceable and whether such indebtedness arises from transactions which may be voidable on account of infancy, insanity, ultra vines or otherwise. 3. NATURE OF GUARANTOR'S UNDERTAKING: The liability of Guarantor hereunder shall be open and continuous for as long as this guaranty shall be in force. Guarantor intends to guarantee at all times the performance of all obligations of Obligor to Creditor within the limits set forth above. Thus, no payments made upon Obligor's indebtedness shall be held to discharge or diminish the liability of Guarantor for any and all remaining and succeeding indebtedness of Obligor to Creditor. The liability of Guarantor hereunder shall be enforceable against both the separate and community property of Guarantor existing at the date of execution hereof or hereafter acquired. 4. CREDITOR'S RIGHTS AND OBLIGATIONS IN DFALING WITH OBLIGOR: Guarantor authorizes Creditor to deal with Obligor and Obligor's sureties, endorsers and other guarantors in any manner in which Creditor sees fit in connection with any indebtedness of Obligor to Creditor, now or hereafter created, without any further consent or authorization from Guarantor being necessary. Specifically, but without limiting the powers of Creditor, Creditor may extend the time for payment of any indebtedness of Obligor, Creditor may release or agree not to sue Obligor's sureties, endorsers, or other guarantors on any terms it chooses; Creditor may sue or fail to sue Obligor upon any overdue indebtedness; all of the foregoing without the necessity of any notice to or consent from Guarantor and all without affecting Guarantor's liability hereunder. CAPO72414 Page 89 5. DURATION OF GUARANTY: This guaranty shall take effect when received by Creditor, without the necessity of any acceptance by Creditor, and shall continue in full force until the obligations guaranteed have been fully paid and/or performed. This guaranty shall bind the estate of Guarantor as to indebtedness created both before and after the death or incapacity of Guarantor. 6. CREDITOR'S RIGHTS AGAINST AND OBLIGATIONS TO GUARANTOR: Guarantor hereby expressly waives presentment, protest, demand, or notice of any kind, including notice of nonpayment of any of Obligor's indebtedness or of any collateral thereto and notice of any action or non- action on the part of Obligor, the Creditor, or any surety, endorser, or other guarantor. Upon any default of Obligor on any obligation to Creditor, Creditor may, at its option, then and there demand and be entitled to payment from Guarantor of the full amount or any part of the amount of Obligor's indebtedness to Creditor, within the limitations set forth above, and if Guarantor shall not pay the sum demanded to Creditor, Creditor may proceed directly and at once against Guarantor to collect such sum without first proceeding against Obligor, or any surety, endorser, or other guarantor and without foreclosing upon or selling or otherwise disposing of any collateral it may have as security for any of Obligor's indebtedness. Failure of Creditor to make such demand at such time or to proceed shall not relieve Guarantor of its obligations hereunder or in any sense constitute a waiver. Creditor shall have the right to demand and collect from Guarantor all or any portion of Obligor's indebtedness and failure of Creditor at any time to demand from Guarantor or to proceed to collect from Guarantor the full amount of Obligor's indebtedness from Guarantor shall not preclude Creditor from later demanding or proceeding to collect from Guarantor any remaining indebtedness of Obligor to Creditor covered by this guaranty. In any action or suit against Guarantor to enforce this guaranty, Creditor shall be entitled to recover from Guarantor, in addition to costs and disbursements allowed by law, a reasonable amount for Creditor's attorneys' fees in such action or suit or appeal therefrom. In any action or suit brought by Creditor against Guarantor, Guarantor will not assert as a defense any statute of limitations if at the time the action or suit is commenced there is outstanding any indebtedness of Obligor to Creditor which is not barred by the statute of limitations of the State of Oregon. If payment is made by Obligor on a debt guaranteed hereby and thereafter the Creditor is forced to remit the amount of that payment to the Obligor's trustee in bankruptcy or similar person under any federal or state bankruptcy law or law for the relief of debtors, the Obligor's debt shall be considered unpaid for the purpose of enforcement of this guaranty. 7. SUBORDINATION OF GUARANTOR'S RIGHTS AGAINST OBLIGOR: Guarantor agrees that the indebtedness of Obligor to Creditor, whether now existing or hereafter created, shall be, and the same hereby is, declared to be prior to any claim that Guarantor may now have or hereafter acquire against Obligor, whether or not Obligor becomes insolvent, and Guarantor shall and does expressly subordinate any such claim Guarantor may have against Obligor, upon any account whatsoever, to any claim that Creditor may now or hereafter have against Obligor. In the event of insolvency and consequent liquidation of the assets of Obligor, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Obligor CAP072414 Page 90 applicable to the payment of the claims of both Creditor and Guarantor shall be paid to Creditor and shall be first applied by Creditor to the indebtedness of Obligor to Creditor, Guarantor does hereby assign to Creditor all claims which it may have or acquire against Obligor or any assignee or trustee in bankruptcy of Obligor; provided, that such assignment shall be effective only for the purpose of assuring to Creditor full payment of all indebtedness of Obligor to Creditor. 8. ASSIGNMENT OF GUARANTY: Assignment by Creditor of all or part of the indebtedness shall transfer to the assignee all benefits of this guaranty as to the portion of the indebtedness assigned. This guaranty shall remain in effect in favor of the Creditor as to the portion of the indebtedness not assigned. 9. GOVERNING LAW: This guaranty has been executed and delivered in the State of Oregon and the laws of such state shall govern the Validity, construction, enforcement and interpretation of this guaranty. 10. VENUE. AND JURISDICTION: if any suit or action is filed by any party to enforce this guaranty or otherwise with respect to the subject matter of this guaranty, exclusive venue and jurisdiction shall be in the state courts in Jackson County, Oregon. ii. REPRESENTATION: This Guaranty has been prepared on behalf of the City of Central Point. Guarantor is hereby advised that it should seek independent legal counsel as to the effect of this Guaranty on their individual rights. IN WITNESS WHEREOF, Guarantor has executed this Guaranty on the date set forth above. Signature ,,�7 NDiL 1' LQC,?f- (Print Name Here) 1 Si tre o�� A / (Print Name Here) CAP072414 Page 91 er2i- Signature (Print Name "Guarantor" OFFIoil ELAI ' COMMI8MY COMMISSION Z �ja uevft coo �� Ge4'A,A Nod O' ✓e, "j�,y 1 ✓sbv,6t �r�d �Gf eve c2 VAC -C �4 z�t� "� � wly h, zro�� cLi-Io� d m a 0 9 d CAP072414 Page 92 Business BOB Financial Update CAP072414 Page 93 Staff Report ,A CENTRAL POINT To: Mayor & Council —Y From: Bev Adams, Finance Director Y' Date: July 24, 2014 Subject: 2014 Battle of the Bones Finance Department Bey Adams, Finance Director Background: On June 20 & 21, 2014 the City's Parks and Recreation division held their annual Battle of the Bones event This year the event was held Friday evening from 4 pm to g pm; and all day Saturday. This schedule was a change from prior years when the event was also held all day Sunday. Having a shortened schedule, two perfect sunny days forthe event, and profit showing of s16,390.27, I think it is safe to say that this year's event is the most successful so far, Please refer to the attached financial recap for a detail of revenues and expenses When considering a donation to the Parks & Recreation Foundation, staff requests Council to consider that the true net profit of the event is $11,390.27; since the s5,000 "donation" for music costs are dollars from the same budget as the rest of the event. In addition, there are no longer any personnel costs attributed to this event. In light of the entire City's financial support and the support in past years when the event was not as successful as this year, staff's suggests a $10,000 donation to the foundation. Recommended Action: That Council review and accept by motion the Battle of the Bones financial recap and approve an amount to be donated to the Parks & Recreation Foundation from the proceeds of the event. m v c v rn Q O c 3 d K CAP072414 Page 94 c m g m n u m ui m W H °o a a m n w °ol vO1i ^ n o m m g, m m ry o cs 4f m1O o w N � om M E E a a 1 �? d_ N u y O V C W as v Z a+ G ty m'+ CL � .+ @ d 0 d Qi N W O q C Ro d co O " d 4° 4+ o a Y O O 9 O b y a C V _ Ln C C 6 d C W C CI y W N ¢ u , mlm x m m CAP072414 Page 95 x x A v c d O m d v m O ti n