City Council

1 CITY OF PORT ORFORD REGULAR SESSION OF THE COMMON COUNCIL Thursday, September 19th, 2024, at 4:30 P.M. If you cannot join in person, please feel free to join this meeting from your computer, tablet or smartphone. https://meet.goto.com/659590477 You can also dial in using your phone. United States (Toll Free): 1 (877) 309-2073 United States: 1 (646) 749-3129 Access Code: 659-590-477 AGENDA 1. Call to Order/Roll Call/ Pledge of Allegiance 2. Executive Session Under ORS 192.660 (2)(d): To conduct deliberations with persons designated by the governing body to carry on labor negotiations. 3. Possible Action out of Executive Session 4. Reconvene Public Meeting: The earliest general Council business will start is the normal 5:30 start time. 5. Additions to the Agenda 6. Presentations to the Council - None 7. Consent Calendar (pg. 3-8) a. Minutes August 15th, 2024 – Will be released on 9/16/2024 b. Application for Appointment: Planning Commission Sarah Lovendal (pg. 3) c. Application for Appointment: Historic Preservation Evan Kramer (pg. 4) d. Temporary Liquor License: Rotary Pasta Dinner (pg. 5-8) 8. Citizen’s Concerns (On agenda items only – 3 minute time limit) 9. Public Hearing: None 10. Departmental Reports (pg. 9) a. Administration (pg. 9) b. Finance (As attachment) c. Public Works (pg. 10-11) d. Police e. Planning (pg. 12) f. Mayor’s Report 1 The City of Port Orford is an Equal Opportunity Employer 2 g. Liaison (pg. 12-13) i. Port – Webb ii. School – Rask iii. Fire District - Tidey iv. Watershed – Vileisis v. Parks - Tidey vi. TLT - Pogwizd vii. Mainstreet – Burns viii. Emergency Prep. – Burns 11. Old Business 12. New Business (pg. 14-26) a. Right of Way Permits (pg.14-19) b. Water Leak Policy Discussion (pg. 20) c. Civil West Scope of Work: Culvert Removal (pg. 21 & Attachment) d. MOU with Community Complex Friends & Rotary service (pg. 22-25) e. Assigning Authority to Carry Out Tasks Relating to Community Building to City Administrator Radcliffe (pg. 26) 13. Continuing Action Items (pg. 27-31) a. ORD 2024-02: Irrigation Meter Policy- Second Reading (pg. 27-28) b. ERPD CUP Extension Findings (pg 29-31) 14. Considerations a. Citizens b. Councilors 15. Adjourn 2 The City of Port Orford is an Equal Opportunity Employer 3 Consent Calendar (b), (c) Application for Appointment 3 The City of Port Orford is an Equal Opportunity Employer 4 4 The City of Port Orford is an Equal Opportunity Employer 5 Consent Calendar (d) Temporary Liquor License 5 The City of Port Orford is an Equal Opportunity Employer 6 6 The City of Port Orford is an Equal Opportunity Employer 7 7 The City of Port Orford is an Equal Opportunity Employer 8 8 The City of Port Orford is an Equal Opportunity Employer 9 Department Reports: Administration (10)(a) Personnel We interviewed a candidate last week and former WWTP Operator Crystal will interview this candidate on 9/17/24. We are focused on candidates who are experienced and are able to quickly gain their Certifications. The job will remain open until filled. Scotti M gave me an official resignation and we have a lead on the Custodial company that could step in. The job continues to be posted on our website (until filled). Our contract with Government Resource Management (GRM) has been reviewed by our Lawyer Lori Cooper. As I have been given permission by the Council for the Finance Director position, I’ll continue to negotiate to hire Anne Heath as a consultant. Future Plans/ Continuing Business STR Paperwork Applications and other paperwork have been sent out. We have had multiple questions about the process, but we are working out the bugs. We have had a few more properties decide to not do STRs based upon the new requirements. We started with 40 and are down to 34. Many are changing to long-term rentals only. We will monitor these places to be sure the ones that are registered with us are the only ones doing STR business. Grants Update The Friends of the Community Complex met with Joe Slack and his team last week. The MOU has been reviewed by Lori Cooper and shared with John Johnston and his committee. If you approve it, we will continue work with HGE Architects and the Fundraising “Friends” group. The committee hopes to begin construction in February 2025. Contractor Water Rates Contractors using water must check with Public Works every day they want to fill their trucks. They get approval based upon water levels in the tank on Coast Guard Hill. Contractor water rates are increasing. Fort Point Trail Stairs Trailkeepers of Oregon have completed this project! Thank you to Gold Beach Lumber for the materials and Steve Lawton for the years of hard work. Teams of people helped with this project over many years. There is a new committee working on interpretive signs for the area with many stakeholders being represented. Sudden Oak Death Permission for Oregon Department of Forestry Per Council decision at the last meeting, I have granted permission through ODF’s SOD paperwork for two areas in Port Orford. One is up near Deady Street and the other is along California Street near Lakeshore Drive. ODF’s Randy Wiese is overseeing this process and is obtaining adjacent landowners’ permissions to work on their property, if needed. 9 The City of Port Orford is an Equal Opportunity Employer 10 Department Reports: Finance(10)(b) As addendum. And available @ http://portorford.org/wp-content/uploads/2024/09/9.19.2024-Finance-Report.pdf Department Reports: Public Works (10)(c) Water numbers sold for August 2024 Treated water produced 4,081,000 Water sold 2,630,290- Back-washes 84,000 + 186,000K for leaks WATER LOSS EST. @ 39.0 % Water Treatment plant, 1. Water system tracer study methodology completed and approved scheduled for 9/18/24 2. Water Survey and plant Inspection completed on 8/21/24. Report received on 9/11/24 went really well. OHA conducts a water survey / plant inspection ever 3 years. 3. Communications with Hubbard’s have been occurring working Tag as needed. 4. Coast guard hill pump station, working on Quotes. 5. Vista Pump station, disassembled for cause of failure found cartridge bearing failed causing catastrophic damage to impellers. 6. Hubbard’s reservoir meter installed (Grant funded) Water distribution leaks repair: 1. 9th & Washington St. 6’’ main break 2. 20th St. 2’’ stand pipe Waste Water plant: Op’s:  New Blower Drives have been Installed with key pads for adjustment.  Arizona Lift station replacement, design and with final approval from DEQ is done. RFP for install in the works.  Lift station Pm’s Streets Maintenance  Brushing on road shoulders  Right away mowing Parks Continue mowing and trimming of parks as time allows. PW Works Equipment PM’s Small equipment PM’s. Vehicles Pm’s Scrap metal hauled off for city yard 10 The City of Port Orford is an Equal Opportunity Employer 11 11 The City of Port Orford is an Equal Opportunity Employer 12 Department Reports: Planning (10)(e) The DLCD grant for housing code revisions and updates is still in progress. There will need to be a joint workshop between the City Council and the Planning Commission before the end of the year. The Date/Time of the Planning Commission meeting will be the second Tuesday of each month starting @ 3:30 pm. The Planning Commission is currently reviewing the CUP extension limit and procedure to make it more consistent with other municipalities and the County. Jen Head's term as commissioner has expired. The Planning Commission gives thanks to Jen for the work and time she has put into the Planning Commission. There is currently one vacancy on the Commission. An application for a bulk bottle drop at Ray's was approved. Liaison Reports 10(g) Port: None Submitted School: Nothing to Report Fire District: None Submitted Watershed: None Submitted Parks: None Submitted TLT: None Submitted 12 The City of Port Orford is an Equal Opportunity Employer 13 Main Street: Main Street continues to man the Visitor Center for 6 hours a day. They continue to look for volunteers to do 3 hour shifts. Kim Foster continues to develop the discoverportorford.org website and posts local news in the Discover Port Orford Facebook page and Instagram page. EPC: The EPC continues to work on installing a radio in City Hall for Emergency Communications. And the Commission will be working on a plan to install the radios we have had in all of the Public Works trucks. These are the same radios that are in our Police cars so who ever was in command during an incident would be able to communicate with all of the Public Works trucks, Police cars and Fire Department Engines. The EPC is looking into getting a Starlink setup in City Hall that might do our internet and allow us to communicate outside the Community during a widespread emergency event. There could be a way to secure a setup that isn't very expensive but could be a real asset in an Emergency Event. The EPC continues to work on every imaginable means of communication during an emergency event to have as many options as possible. We hope everyone in our Community has already or will sign up for the Curry County Emergency Alert Program through Everbridge. If there is a Wildfire Alert, Tsunami Alert, or any kind of Emergency Alert those signed up will receive valuable information through this system by phone, text and/or email. This is the link to sign up: https://member.everbridge.net/892807736723773/new Commissioners Lawton, Miller and myself met with the new Curry County Emergency Coordinator, Jeff Hughes and the Coos County Emergency Manager, Chip Delyria and Coos Emergency Coordinator, Debbie Mueller. We got a lot of great information and will continue to develop a relationship with Coos County Emergency. They are way ahead of us and are willing to assist in our Emergency Preparedness development. The Emergency Preparedness Commission attended the Hometown Heroes Fair held at Driftwood School. Commissioner Burns had his Go Bag laid out as an example of possibilities for a Go Bag and gave out handouts on ways to get prepared, including a list of possible Go Bag items. Individuals can start a Go Bag with a garbage bag that they collect items that would help in a Bug Out situation. The preparation for emergency events can evolve over time and doesn't have to happen all at once. The EPC stresses to everyone in the Community that no one is coming to help us in the event of an emergency for possibly weeks. We could be without water for an extended period of time. Each household having back up water and food is so important!! 13 The City of Port Orford is an Equal Opportunity Employer 14 New Business 12(a) Right of Way Permits Bassett 14 The City of Port Orford is an Equal Opportunity Employer 15 15 The City of Port Orford is an Equal Opportunity Employer 16 16 The City of Port Orford is an Equal Opportunity Employer 17 17 The City of Port Orford is an Equal Opportunity Employer 18 New Business 12(b) Right of Way Permits Armi 18 The City of Port Orford is an Equal Opportunity Employer 19 19 The City of Port Orford is an Equal Opportunity Employer 20 New Business 12(b) Water Leak Discussion Background: The City of Port Orford has a catastrophic water leak policy that refunds citizens who have and fix water leaks that cause their monthly usage to drastically increase. This policy is found in Port Orford Municipal Code 13.04.080 which was last updated in 2008. Since then there have been several rate increases that make the formula in this ordinance suboptimal. Issue: Staff is concerned about one particular aspect of this ordinance; that it refunds those who use less than the base rate a smaller amount than those who use more than the average use. It does this in two ways; first by not accounting for usage under the base usage and second by charging them at the same higher rate as those who use more than the average. Facts: The refund rate for leak adjustment is a higher rate than what we charge until it reaches over 10,000 gallons. This results in the calculations to return a maximum refund around an average use of approximately 10,275 gallons and decreases the adjustment amount the further away from this value is used. Joseph can explain the math. Impact: Since we are in a period of water curtailment, staff would like to alter the adjustment formula so that it gives larger adjustments to those who use less than the base rate. This is to further encourage citizens to monitor water use and assist those who are following the curtailment guidelines. Motions: - I, Councilor [name], motion to approve treating usage less than the base rate as 2000 gallons for adjustments and directing staff to research or develop an alternative adjustment calculation. - I, Councilor [name], motion to direct staff to research or develop an alternative adjustment calculation. - I, Councilor [name], motion to keep the adjustment calculation as it is. 20 The City of Port Orford is an Equal Opportunity Employer 21 New Business 12(c) Civil West Scope of Work Background: The City of Port Orford received a 100 percent forgivable loan from Oregon DEQ's State Revolving Fund to do the planning for sediment risk reduction in our Drinking Water Source Area. This is the part of the North Fork Hubbard Creek watershed that feeds our drinking water reservoir. Our Forest Management Plan identified a failing culvert about 0.75 miles upstream of our reservoir that could pose a high risk to our drinking water if it collapses. Together with the Curry Soil and Water Conservation District and CCD, we applied for this planning loan to do all the engineering and planning needed to proceed with culvert removal. The project also includes a sediment source inventory with recommendations for future management of sediment sources to reduce their risk to our drinking water supply. Civil West, our city's Engineer of Record, has submitted a Scope of Work for this project for $38,609. The cost of the project, and of grant administration by CCD, will be paid entirely from the 100% forgivable loan. The Scope of work is included as an attachment and is available @ http://portorford.org/wp-content/uploads/2024/09/Culvert-Removal-Scope-of-Service-Updated- 5-28.pdf Recommended Motion: - I, Councilor [name], move that the Council approve Civil West's scope of work as presented and direct City Staff to carry out tasks as needed for this project. - I, Counilor [name], move that the Council approve Civil West's scope of work as amended and direct City Staff to carry out tasks as needed for this project. - I, Councilor [name], move that the Council not approve Civil West's scope of work. 21 The City of Port Orford is an Equal Opportunity Employer 22 New Business 12(d) MOU with Community Complex Friends & Rotary Services Background: The City of Port Orford has received a Community Development Block Grant (CDBG) to renovate the Community Building. The City has received a proposal to partner with The Rotary Club of Port Orford and the organization The Community Center Friends to complete the renovations of the Community Building. Recommended motions: - I move that the Council approve the agreement with The Rotary Club of Port Orford & The Community Center Friends as presented. - I move that the Council approve the agreement with The Rotary Club of Port Orford & The Community Center Friends with the following amendments…….. - I move that the Council not approve the agreement with The Rotary Club of Port Orford & The Community Center Friends. 22 The City of Port Orford is an Equal Opportunity Employer 23 New Business 12(d) Draft Agreement DRAFT Memorandum of Agreement between the City of Port Orford, Rotary Club of Port Orford Community Service Fund and the Community Center Friends The City of Port Orford (City) has obtained a Community Development Block Grant to renovate its Community Building, located at 421 11th Street. It is the intent of the COPO to partner with The Rotary Club of Port Orford Community Service Fund (Fund) and the Community Center Friends (Friends) to complete renovation of the Community Building and also the American Legion Hall, referred to collectively in this agreement as the Port Orford Community Center Complex (POCCC). This Memorandum of Agreement (MOA) is between the City, the Fund and the Friends, each a “partner,” in the project of renovating the POCCC. Purpose To clarify and assign partner roles and responsibilities in the project of working toward the shared goal of renovating the POCCC facilities owned by the City. Length of Agreement This agreement will persist for three (3) years from date of adoption or until the renovation project is completed, and may be revisited as needed by all partners. Roles and Responsibilities It is mutually agreed that responsibilities will be shared as follows: Responsibilities of Community Center Friends (Friends) The Friends will carry forth the work of raising funds to complete the POCCC renovation. The Friends will donate raised funds to the City for the express purpose of POCCC renovation. The Friends will continue to engage the community with fundraising efforts for the POCCC. The Friends will continue to search for grant funding opportunities for the POCCC with the understanding that the City will process, execute, and administer said grants. The Friends will contribute its members’ expertise to the ongoing project. The Friends will coordinate regular meetings with City, the Fund, and its members to carry out project needs. 23 The City of Port Orford is an Equal Opportunity Employer 24 Friend Co-Chairs John Johnston and Tobe Porter will serve as the Friend’s representatives to this agreement. Responsibilities of the City of Port Orford (City) The City will carry forth all responsibilities related to receiving and administering federal Community Development Block Grant (CDBG) funds, in coordination with Coos, Curry Douglas Business Development Corporation (CCD), for the purpose of renovating the POCCC. The City will coordinate with the Friends on their fundraising efforts, providing any necessary City information for grant applications in a timely manner. The City shall establish line items in its Parks’ budget under both revenue and capital expenses to transparently carry forth the financial aspects of the project. One set of line-items will be to show revenues and expenses of the federal CDBG funds; a second set of line-items will show revenue and expenses of the Friends generated funds. The City will expend the funds raised and donated by the Friends only for projects that aid the purpose of the POCCC renovation. Such expenditures will include those funds focused on renovation of the American Legion Hall portion of the POCCC. Funds will be expended for project purposes in accordance with all City spending and procurement protocols. If any residual funds remain after the POCCC renovation is complete, the City may expend these funds only for projects aimed at additional upgrades or for maintenance of POCCC facilities. The City will attend regular meetings with the Friends represented by staff or by Council members as needed. The City Administrator will serve as the City of Port Orford representative to this agreement with assistance from Council members. Responsibilities of The Rotary Club of Port Orford Community Service Fund (Fund) As an established 501 c(3) organization, the Fund will segregate and securely hold donated funds for the purposes identified in this agreement. The Fund will provide available funds in a timely manner, including $112,298 raised by the Friends to serve as match for the City’s CDBG grant. The Fund will communicate with the Friends and City regarding management of funds for the POCCC renovation. 24 The City of Port Orford is an Equal Opportunity Employer 25 Beginning Status of the collected or pledged funds All funds reside with Rogue Credit Union 12 MO CD (4/14/25) $62,500 6 MO CD (10/12/24) $40,083 Savings Account $24,973 Pledged Funds $10,000 Total: $137,556 CBDG match commitment: $112,298 Balance for additional POCCC (American Legion Hall): $25,258 All amounts are rounded to whole numbers and will change as additional funds are collected or pledged. Future money management decisions shall be coordinated with the City. Agreed: Port Orford City Administrator ________________________________ Date____________ The Rotary Club of Port Orford Community Service Fund ________________________________ Date____________ Community Center Friends Co-Chairs ________________________________ Date____________ ________________________________ Date____________ 25 The City of Port Orford is an Equal Opportunity Employer 26 New Business 12(e) Assigning Authority to Carry Out Tasks Relating to Community Building to City Admin Radcliffe Background: The City of Port Orford has received a Community Development Block Grant (CDBG) to renovate the Community Building. The project was put out to bid and was awarded to HGE Architects. The current proposal from HGE Architects will require approval from The City at multiple steps and on numerous forms. Issue: There is a timeframe to spend the funds awarded in the CDBG and delays in waiting for City Council meetings may result in funds being lost. Major and final decisions will still be brought to the Council and will be made public so citizens have a chance to comment prior to construction beginning. Recommended motions: - I, Councilor [name], move to delegate City Administrator Radcliffe to grant approvals on documents needed to move forward with the project until final design decisions and final construction approval. - I, Councilor [name], move to delegate City Administrator Radcliffe to grant approvals on documents needed to move forward with the following exceptions…… - I, Councilor [name], move to not delegate these decisions to City Administrator Radcliffe and to have them brought before the Council for deliberation. 26 The City of Port Orford is an Equal Opportunity Employer 27 Continuing Action Items 13(a) Second Reading of Ordinance 2024-02: Garden Meter Policy AN ORDINANCE TO AMEND CHAPTER 13 OF THE PORT ORFORD MUNICIPAL CODE TO INCLUDE: USE OF GARDEN METERS WITHIN THE CITY OF PORT ORFORD WHEREAS, The City of Port Orford has been offering Garden Meter credits without policy based on the Municipal Code, and WHEREAS, There has been confusion about the process and responsibilities of receiving credit; and WHEREAS, It has been determined that a policy based on the Municipal code would resolve the issue. NOW, THEREFORE, BE IT RESOLVED THAT the City Council authorizes the City of Port Orford to adopt the following as Chapter 13.16.120 Use of Garden Water Meters Within the City of Port Orford. 27 The City of Port Orford is an Equal Opportunity Employer 28 13.16.120 Use of irrigation water meters within the City of Port Orford A. Residential water users may use a city-provided meter to track water used for garden irrigation during the period from May to October. B. Users must turn in their self-reported meter reading by November 30th of the current year to request credit for unused sewer service. Reimbursement from previous calendar years will not be eligible to receive credit. C. Users must make their meter available for city inspection. D. For meters buried as part of an underground irrigation system, users must comply with S 13.16.040 to prevent backflow. Attest – first reading: _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder Pro Tem, Joseph Harrison Date Attest – second reading: APPROVED AND ADOPTED this day of _________. _____________________________ _______________________________ Mayor, Pat Cox Date _____________________________ _______________________________ City Recorder Pro Tem, Joseph Harrison Date 28 The City of Port Orford is an Equal Opportunity Employer 29 Continuing Action Items 13(b): ERPD Findings Background: On July 18th, 2024 the City Council overturned The Planning Commission's decision to grant an extension to Elk River Property Development (EPRD) on CUP 16-02 & 16- 03. At that meeting, after the public hearing the Council was supposed to review, approve or modify findings on the hearing. This was not done. At subsequent meetings, the Council has discussed and directed Legal Counsel to draft findings that summarize the Council's views; drafted findings have been completed and are being presented for further consideration. Other information: Legal Counsel is still working on a drafted MOU with ERPD to cover The City's costs on this project moving forward. Recommended motions: - I, Councilor [name], move to approve findings regarding the extension of CUP 16-02 & 16-03 as presented. - I, Councilor [name], move to approve findings regarding the extension of CUP 16-02 & 16-03 with the following amendments…... - I, Councilor [name], move to direct staff to modify the findings regarding the extension of CUP 16-02 & 16-03 to incorporate the following….. 29 The City of Port Orford is an Equal Opportunity Employer 30 Continuing Action Items 13(b): ERPD Findings CITY OF PORT ORFORD City Council Decision, Order and Findings 2024 Extension of CUP 16-02 and 16-03 Findings: 1. Port Orford Municipal Code 17.32.060 provides that the Planning Commission may extend authorization for a conditional use permit for an additional period not to exceed one year, upon written application to the Planning Commission. 2. In 2016, applicant Elk River Property Development applied for conditional use permits to install pipelines across City property. The purpose of these pipelines is to transport recycled water from the city’s wastewater treatment plant to a planned golf course. 3. The City approved the applications for CUP 16-02 and CUP 16-03 on June 16, 2017. Successive one-year extensions have been approved by the City in subsequent years. 4. A request for an extension of CUP 16-02 and CUP 16-03 was timely filed by the applicant on January 3, 2024. At the request of the applicant, processing of that application was held in abeyance by the City until the City issued a signed order for the 2023 extension application. The Order approving the 2023 extension was not signed until March 8, 2024, due to oversight. 5. The City interprets Port Orford Municipal Code 17.32.060 to give the City authority to grant extensions to CUPs for the period of one year per extension. There is no limitation on the number of extensions which may be granted so long as the duration of each does not exceed one year. The Land Use Board of Appeals has confirmed the City’s interpretation of Port Orford Municipal Code 17.32.060. See Suess v. City of Port Orford, __ Or LUBA __ (No. 2020-076, Jan. 22, 2021). 6. The granting of extensions is not contingent on whether there has been “substantial construction" of the project. If "substantial construction" has taken place, a request for an extension is unnecessary. 7. The City's interpretation is consistent with the previous decisions in this matter granting multiple extensions for a period of one year each. 8. Construction has not started on the pipeline project as of this date. Therefore, the 2024 extension is needed in order to keep the original CUP approvals active. 30 The City of Port Orford is an Equal Opportunity Employer 31 9. The original CUP approval at issue here includes Condition N, which requires DEQ permitting prior to the start of construction. Condition N says: “No work may commence in any way on any of the pipeline and pump station until all local, County and State permits are in hand.” 10. The Planning Commission voted to deny the extension request by decision dated June 18, 2024. Following a timely appeal by the applicant, and following a public hearing on the applicant’s appeal, the Council hereby approves the requested 2024 extension. Conclusion and Order: Based on all of the above, the City Council concludes that another one-year extension of the CUP is warranted. The appeal is upheld; the decision of the Planning Commission is reversed. The one-year extension is approved, and the term of this extension runs from June 16, 2023, which is the anniversary of the original permit issued on June 16, 2017. Signed this ___ day of September, 2024. _______________________ _______________________ Pat Cox, Mayor Joseph Harrison, City Recorder City of Port Orford, Curry County City of Port Orford, Curry County NOTICE This is notice of the final decision of the City in this matter. Any party seeking further review must file an appeal directly with the Oregon Land Use Board of Appeals (LUBA) within the timelines set forth in state law. See LUBA’s website for more information. 31 The City of Port Orford is an Equal Opportunity Employer