CITY OF NEHALEM - ci.nehalem.or.us3E525210-29D1-4EF2-9DCB... · CITY OF NEHALEM 35900 8TH STREET ... The Council recessed the meeting to meet in Executive Session in accordance with

CITY OF NEHALEM35900 8TH STREET • P.O. BOX 143

NEHALEM, OREGON 97131PH (503) 368-5627FX (503) 368-4175

NEHALEM CITY COUNCIL

REGULAR MEETINGMONDAY JUNE 13, 2016 - 7:30 p.m.

CALL TO ORDER:PLEDGE OF ALLEGIANCE:ROLL CALL:GUESTS: SWEARING IN OF BILL L. DILLARD AS MAYOR

APPROVAL OF MINUTES: MAY 9, 2016 Regular Council Meeting 2016-05-09-Council-Minutes-DRAFT

Public Hearing: Ordinance 2016-02: An Ordinance Imposing a Three (3) Percent Tax On The Sale of Recreational Marijuana Items by a Marijuana Retailer, Referring the Ordinance to the Voters and Repealing Ordinance 2014-04. Public Hearing: Resolution 2016-02: A Resolution Extending The City Of Nehalem’s Workers’ Compensation Coverage to Certain Volunteers Of The City of Nehalem. Public Hearing: Resolution 2016-03: A Resolution Declaring The City’s Election To Receive State Revenues. Public Hearing: Resolution 2016-04: A Resolution Adopting The Budget; Making Appropriations; And Imposing And Categorizing Ad Valorem Taxes For Fiscal Year 2016-2017 Public Hearing: Resolution 2016-05 A Resolution Adopting Recology’s Schedule of Services and Rates/Charges. Public Hearing: Resolution 2016-06 A Resolution Declaring the City’s Request to Receive Grant Funding Through the Coastal Zone Management Grant Program. OLD BUSINESS:

1. Police Report Police-Report-May-20162. Bender Annexation Request PC-Order-Bender3. American Legion Cemetery Nehalem-Cemetery-Rules-and-Regulations-5-16

NEW BUSINESS:

1. Ordinance 2016-02 Ordinance 2016-02 final2. Resolution 2016-02 Resolution-2016-023. Resolution 2016-03 Resolution-2016-034. Resolution 2016-04 RESOLUTION-2016-045. Resolution 2016-05 RESOLUTION-2016-056. Resolution 2016-06 RESOLUTION-2016-067. Declare Council Seat #1 Vacant8. Memorandum of Agreement 5_16 05 06 R2 MOA TC PDM149. Meeting time for Council

CORRESPONDENCE/OTHER BUSINESS

Corresp-20160601-TCWRC

STAFF REPORTSMAYOR’S REPORTPAYMENT OF BILLSCOUNCIL COMMENTSPUBLIC COMMENTS ADJOURNMENT - Next Regular Council Meeting: July 11, 2016

CITY OF NEHALEM COUNCIL MINUTES MAY 9, 2016 PAGE 1

NEHALEM CITY COUNCIL COUNCIL MINUTES REGULAR MEETING May 9, 2016 Mayor Stockton called the Regular Council Meeting to order at 7:03 p.m. EXECUTIVE SESSION The Council recessed the meeting to meet in Executive Session in accordance with ORS 1192.660(2)(e) to conduct deliberations with persons designated to negotiate real property transactions at 7:04 p.m. The Executive Session was recorded and will be kept in accordance with ORS 192.650 (2). At 7:15 p.m. the Council reconvened in open session and invited visitors to enter. COUNCIL MEMBERS PRESENT: Dale Stockton, Mayor

Bill Dillard, Council President Jim Welsh, Council Member Stacy Jacobsen, Council Member

EXCUSED: Jeff Pfeifer, Council Member STAFF PRESENT: Dale Shafer, City Manager

Melissa Thompson-Kiefer, Asst. City Recorder Don Davidson, Public Works Director Brian Moore, Maintenance Worker

VISITORS: Frank Knight III, Nehalem Bay Fire & Rescue

Dave Larmouth, Recology Jeanne Wells, The Pizza Garden Des Kahrs Vern Scovell Wm Lee Dillard Lance Stockton John Cardwell Angela Hanke Michelle Chesnut

Mayor Stockton led those present in the Pledge of Allegiance.


MINUTES The Council reviewed the minutes of the April 11, 2016 Council Meeting. Council President Dillard MOVED to approve the minutes from the April 11, 2016 Council Meeting as presented. Councilor Jacobsen SECONDED the motion. THE MOTION PASSED WITH A UNANIMOUS VOTE. PUBLIC HEARING At 7:18 p.m., Mayor Stockton opened the Public Hearing on Ordinance 2016-02: An Ordinance of the City of Nehalem Imposing a Three Percent Tax on the Sale of Recreational Marijuana Items by a Marijuana Retailer, Referring the Ordinance to the Voters and Repealing Ordinance 2014-04. OLD BUSINESS POLICE REPORT The Council reviewed the Police Report for April 2016. PUBLIC HEARING: Ordinance 2016-02: An Ordinance of the City of Nehalem Imposing a Three Percent Tax on the Sale of Recreational Marijuana Items by a Marijuana Retailer, Referring the Ordinance to the Voters and Repealing Ordinance 2014-04. Mayor Stockton asked if there were any staff or public comments. City Manager Shafer noted that the caption for the ballot title for Ordinance 2016-02 would be “IMPOSES CITY SALES TAX ON RECREATIONAL MARIJUANA AND MARIJUANA ITEMS” There being no further comments, Mayor Stockton closed the Public Hearing on Ordinance 2016-02 at 7:20 p.m. Council President Dillard MOVED to perform the first reading of Ordinance 2016-02 by Title only. Councilor Jacobsen SECONDED the motion. THE MOTION PASSED WITH A UNANIMOUS VOTE. City Manager Shafer read the Ordinance by Title only. Council President Dillard MOVED to approve the first reading of Ordinance 2016-02 by Title only. Councilor Welsh SECONDED the motion. THE MOTION PASSED WITH A UNANIMOUS VOTE.


FEMA/NOAA FISHERIES BIOLOGICAL OPINION City Manager Shafer said FEMA has new rules based on an agreement reached with NOAA. She shared a handout from DLCD summarizing the six elements of the FEMA/NOAA-F Biological Opinion, Reasonable and Prudent Alternatives affecting the National Flood Insurance Program (NFIP). She said it includes interim measures meant to better protect the habitat of endangered species. Measures include limiting development within 170 feet of water sources and new standards for mapping flood and hazard areas. City Manager Shafer said she will stay involved and continue to report on the changes. NEHALEM CEMETERY UPDATE City Manager Shafer stated volunteers under the leadership of the Nehalem Valley Historical Society have begun working on Wednesdays to beautify the cemetery. Mayor Stockton noted that it looks really good. City Manager Shafer said volunteers are tracking their hours. She worked with our insurance agent to ensure volunteers are covered. Susan Walsh will design a sign for the cemetery and a split rail fence will be installed. PARKING LOT SPACE PROPOSAL Mayor Stockton said that the Council was not taking any action on the parking lot space proposal at this time. Jeanne Wells said she wasn’t sure what had been previously discussed, but she heard that vendors might be coming into town and she is opposed. She said she thinks it is essential to fill our shops. She said if we have vendors, they would come only in summer, would compete with merchants and could drive them out of business. APPLICATION FOR ANNEXATION INTO THE UGB, ANNEXATION INTO THE CITY LIMITS AND ZONE CHANGE City Manager Shafer said the application is scheduled to go before the Planning Commission on June 2, 2016. City Manager Shafer said the Council with get a copy of the staff report when she receives it from our Planner. NEW BUSINESS IMPROVED FIRE PROTECTION RATING Nehalem Bay Fire and Rescue Division Chief Frank Knight III reported that the ISO rating for the fire district improved, dropping by two points. If you are within 5 miles of a fire station and within 1000 feet of a fire hydrant, you now have a 3 rating. The fire district is encouraging residents to contact their insurance company because the rating change should improve rates for fire insurance. The rating change is a result of continuing improvements, including hydrant testing, engine upgrades and the resident volunteer.


NEW RECOLOGY RATES The Council reviewed a rate review report from Recology Western Oregon, which includes a 2.10% increase for most customers. City Manager Shafer said the Council would have an Ordinance next month to adopt the new rates. Dave Larmouth, rate analyst for Recology, said the adjustment was mainly due to an increase in the rates Recology pays at the Tillamook Transfer Station. CORRESPONDENCE/OTHER BUSINESS none STAFF REPORTS CITY MANAGER REPORT City Manager Shafer said she and the Public Works Director attended an Emergency Volunteer Corps of Nehalem Bay emergency preparedness meeting to discuss how our surrounding communities can work together in the event of a catastrophe. City Manager Shafer will attend a Managers Meeting on May 17, 2016. She will be taking vacation on May 26-27, 2016. City Hall will be closed on May 30, 2016 for the Memorial Day holiday. PUBLIC WORKS DIRECTOR REPORT Public Works Director Davidson reported that our average daily water usage for April 2016 was 83,000 gallons, turbidity averaged .06 NTU’s and both Bacteriological were negative. He also reported that they have the area cleared and ground leveled for the new basketball court at the park. BILLS Council President Dillard stated a conflict of interest with the Nehalem Telecommunications bill and withheld approving payment for that bill. Council President Dillard MOVED to approve payment of the bills. Councilor Welsh SECONDED the motion. THE MOTION PASSED WITH A UNANIMOUS VOTE.


COUNCIL COMMENTS Council President Dillard read a letter from Mayor Stockton announcing his retirement and official resignation from the City Council and his position as Mayor for the City of Nehalem. Council President Dillard said the Council accepted his resignation. Council President Dillard said that the Council invited a few people who previously served with Mayor Stockton on the Council to share their appreciation for his years of service. City Manager Shafer presented Mayor Stockton with a plaque on behalf of the city thanking him for his 48 years and 9 months of service. PUBLIC COMMENTS Wm. Lee Dillard shared a recollection and said he was glad Mayor Stockton made it to the position of Mayor and that he did a fine job. Des Kahrs noted that Mayor Stockton had served on the City Council, Port Commission, Economic Development Council (as a founding member), North Tillamook County Hospital Board and Nehalem Fire Department, which combined to about 150 years of service. Kahrs said the community owed Mayor Stockton a debt of gratitude. Mayor Stockton said they let me live here. ADJOURNMENT The next regular Council Meeting will be June 13, 2016. There being no further business, the Council adjourned the meeting at 7:35 p.m.

APPROVED:

Bill L. Dillard, Jr., Mayor ATTEST: Melissa K. Thompson-Kiefer, Assistant City Recorder

Mon Year Mon Year Mon Year Mon Year Mon Year Mon Year

PERSON CRIMES PERSON OTHERHomicide Death NaturalKidnap Suicide/Attempt 2 1 1Sexual Assault 1 Missing / Lost 3 4 2Assault Simple 1 1 Runaway 1 1Assault Serious DrowningAssault/Police Officer ARRESTDomestic Disturbance 1 1 1 1 1 1 Criminal 1 5 3 1 3 2Disorderly Conduct Warrant 1 3 2Resisting Arrest DetoxMenacing POHHarassment 2 1 OTHEREscape Loss/Found Property 2 15 8 1Reckless Endangering Residential Checks 53 158 132 34 1 11Weapon Medical Assist 9 22 22 1 4 11 4 6

Fire Dept. Assist 6 10 5 1 7 3 1 2 3PROPERTY CRIMES Alarms 4 12 22 1 1 2Burglary Residence 1 Unfounded 2 3Burglary Business 1 Open Window/Door 2 1Attempted Burglary Public Assist 25 92 60 2 15 18 2 4 4Prowler 1 Other 1 1ArsonReckless BurningCriminal Mischief 2 4 1 1Theft 2 9 4 1Unauth Use Veh 1 No Camp Permit DispUnlawful Entry Veh Camping Proh. Area 1 1Robbery No Day Use Permit 10 43 58Trespass 4 1 1 1 1 Viol. Posted Parking 2 9 15 13Littering Handicap ParkingFraud Traffic Violation 1NSF Check General Reg Viol. 1 8 10 1Forgery Search & Rescue 1 2 1OTHER OFF/CRIMES Ranger Assist 1 1City Ordinance 11 22 39 VandalismAnimal Complaint 4 9 9 3 1 LitterFish and Game Minor in PossessionCivil 3 6 6 1 1 1 1 Furnishing AlcoholDrug/Liquor 1 1 2 1 Security Checks 69 331 356 56 244 248Misuse/ Incom 911 1 Crimes 1 1Fireworks 2 4 2 Other 1 4 2 1 3 3Susp. Circumstances 3 9 15 5 1 1 3 Arrest 1Disturbance 4 7 1 3 2 2

TRAFFIC INCIDENTSAccidents 3 3 1 1 1 Law Assist 4 2 2 9 14 63 49Warnings 55 226 189 38 139 195 54 175 133

Citations 8 47 51 7 29 55 19 71 60Crimes 1 5 7 2 1Parking Warnings 7 25 25Parking Citations 12 28 35 1Abandoned VehiclesVehicle(s) Towed 1

MANZANITA DEPARTMENT OF PUBLIC SAFETYMay 2016 REPORT

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OREGON STATE PARKS REPORT

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________________________ 06/02/2016Erik Harth, Police Chief Date

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Nehalem

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City of Nehalem Planning Commission Bender UGB Amendment and Annexation PLANNING COMMISSION ORDER

June 2, 2016 Page 1

Request: Expand the City of Nehalem Urban Growth Boundary to include approximately 10.6 acres of land, annexation of the same property, and establishment of the RM (Medium Density Residential) zone on the property.

Applicant: Tom Bender Location: West of 10th Street and north of B Street. Tax Lots 300, 301, 302,

303, and 304 – 3N1027BD Hearing Date: June 2, 2016 Background: This is an application for the approvals to bring 10.6 acres into Nehalem so that is is eligible for urban development. It is the applicant’s intent to develop a Senior housing facility on approximately four acres of the site with dwelling units clustered on optimal parts of the property. The balance of the property, that with significant old-growth forest and other natural values, will be donated to the Lower Nehalem Community Trust for permanent preservation through deed restrictions. 4.35 acres will be used for housing with up to 20 dwelling units which may be developed in single-family or duplex configurations. This current application is not for the development of the property. That will take a future subdivision or conditional use application. This application is to that which is necessary to bring the property into the City and make it eligible for urban development. Applicable Criteria: The criteria to consider an Urban Growth Boundary amendment are found in both city and state law. The Nehalem Development Code establishes the City standards in Section 157.388. It reads:

157.388 STANDARDS FOR APPROVAL OF ZONE CHANGES OR COMPREHENSIVE PLAN AMENDMENTS. All zone changes or Comprehensive Plan amendments, whether legislative in nature or whether quasi-judicial, may be approved only if all of the following are satisfied: (A) The proposed change is consistent with the Comprehensive Plan’s

policies;


June 2, 2016 Page 2

(B) The proposed change shall not result in the conversion of resource lands to non-resource use without an approved exception to applicable state resource protection goals;

(C) The site involved is better suited to the purposes allowed by the proposed change than it is to the purposes of the existing zone; and

(D) Development anticipated to result from the proposed change shall not impair the actual or the legally-designated uses of neighboring properties.

The State of Oregon standards for an Urban Growth Boundary expansion are found in ORS 197.298 and OAR 660, Division 24. In summary, an Urban Growth Boundary amendment must be justified in the following sequence:

Identification of the amount of land needed to accommodate the growth anticipated over a 20-year period. This can be for all types of land use. Identification of the amount of vacant buildable land within the existing Urban Growth Boundary. Identification of any deficiencies between the need for land to accommodate growth and the actual amount of land available to accommodate growth. If a deficiency is identified, identification and analysis of alternative locations for potential Urban Growth Boundary expansions needed to accommodate the projected growth.

ORS 197.298 and OAR 660, Division 24 lay out the process, requirements, and criteria for this work. It is important to note the applicant legally bears the burden to justify the application in light of these criterion and processes. It is not the Planning Commission, Council, or Staff’s role to make the applicant’s case. Comments Received: Several letter of support have been received as of the preparation of this report. These include:

• Letter from Erin Skaar, Executive Director of Community Action Resource Enterprises, Inc., supporting the application and speaking to the need for senior housing.

• Letter from Barry Marshall and Barbara Rippey supporting the application and

speaking to the need for senior housing.


June 2, 2016 Page 3

• Letter from Cameron La Follette, Executive Director of the Oregon Coast Alliance

supporting the application and speaking to the need for affordable housing and in support of the land to be set aside for permanent open space. The letter also notes the action does not reduce the resource land base of Tillamook County.

Analysis - UGB Expansion: The applicant has submitted an extensive analysis of the project relative to the criteria in the Nehalem Development Code and relative to the State law. Some relevant comments follow: The application is for “one specific category of land need – for Senior Aging in Place housing.” (Applicant’s narrative – page 5). As the applicant has developed the supporting arguments in the context of this single type of housing and its need, the land use decision must be predicated on development of that type of housing. In the same vein, over half of the property is intended to be designated as permanent open space. The Oregon Department of Land Conservation and Development submitted a letter into the record. The letter recommends the portion of the property to be dedicated as open space be left outside the Urban Growth Boundary. While it might be logical to exclude such land from the Urban Growth Boundary as it has no development potential, in this case it is rightfully proposed to be part of the amendment for two reasons:

First, the land to be dedicated and the land for housing development are interwoven with each other with an undulating boundary making that line a complex and illogical UGB line and city limit. Second, not annexing the entire subject property will leave several individual properties partially in and partially out of the Urban Growth Boundary which is an unacceptable situation leaving small residual lots outside the UGB with no access and possibly smaller than the minimum lot size in the County zone.

It is noted the Department of Land Conservation and Development letter also recommends if the property is left inside the UGB it be placed in a City park or open space zone. The City does not have a zone in its Development Code of this nature. Therefore, to protect the open space a permanent open space easement needs to be placed on the property. In addition, the Planning Commission recommends a permanent deed restriction be placed on the property, placing it in permanent open space, and requiring City Council approval of any future change or release of the deed restriction. These restrictions will assure permanent open space status as well or better than placing it in a park or open space zone. A UGB amendment cannot have conditions of approval, but the subsequent zone change for the land within the expansion area can. Therefore, it is recommended a


June 2, 2016 Page 4

condition of approval be placed on the of zone change requiring development as represented in the application. This includes limiting the development of land specifically to senior affordable housing and requiring the preservation of the open space area with appropriate conservation easements. This UGB amendment and annexation does not approve any specific development proposal. The property owner will need to apply for appropriate planning approval before any development can take place. This can take the form of a conditional use or subdivision, as appropriate. Therefore, no analysis is made in this application of the specific needs for street, sewer, water, and other infrastructure improvements, or other potential design requirements. These matters will be handled when a specific development application is made. The timing of such an application is up to the property owner. However, it is noted sewer, water, and street connections are immediately available to the subject property. Analysis - Annexation: The applicant has submitted an extensive analysis of the project relative to the criteria for a UGB expansion, but does not speak to the annexation. As an annexation is not a land use application but rather an application to move a political boundary, there is no requirement for the applicant to justify the proposal. However, there are standards in the statute which must be met, which are described below:

ORS 222.111(1) states “the boundaries of any city may be extended by the annexation of territory that is not within a city and that is contiguous to the city or separated from it only by a public right of way or a stream, bay, lake or other body of water.” The subject property meets this locational requirement. ORS 222.111(2) allows a petition for annexation to be brought by the property owners, as with this application. ORS 222.120(2) requires the City to hold a public hearing on the annexation, which is occurring. After the hearing the Council may annex the property. ORS 222.125 allows the City Council to not hold an election of the affected property owners when 100% of the owners of the subject property assent to the annexation. The owners have all assented in writing to the annexation.

When a property is annexed, a City zone must be applied. Section 157.006 says, “Areas annexed to the City shall automatically be classified consistent with the Comprehensive Plan, this chapter, and other local resources.” The applicant is proposing the RM (Medium Density Residential Zone). This is the same zone that applies to all residential areas to the east of the subject property. The zone allows single-family, duplex, and two-family housing.


June 2, 2016 Page 5

The Land immediately to the south is zoned RT (Residential Trailer). That zone allows Single Family, Duplex, and two-family housing as well as manufactured home parks and RV parks. Land to the north and west is outside of the Urban Growth Boundary and in the County’s Rural Residential zone. That zoning is irrelevant to the appropriate zone on this property given a location annexed to the City. The Comprehensive Plan designation for the subject property is being established in this process. That designation is for residential use as is all land inside the UGB surrounding the subject property. The RM zone for the property is justified as it is:

• Consistent with the Comprehensive Plan;

• Consistent with the zoning in the surrounding area;

• Appropriate for accommodating the duplex dwellings and flexible site design proposed for the subject property.

As noted above, the zone change must be conditioned to assure development occurs as depicted in this application process. Conclusions: The applicant has provided sufficient evidence and analysis to justify the expansion of the Urban Growth Boundary. Any approval, however, must bind the applicant to the development activities portrayed in the application and upon which the analysis is predicated. There is sufficient evidence to justify the annexation of the property, subject to the Urban Growth Boundary being expanded. The applicant has provided sufficient evident to justify applying the RM zone to the subject property upon annexation. However, conditions must be placed on the zone change to assure development occurs as depicted in this application process. Decision and Recommendation:

1. The Planning Commission hereby supports the application for a UGB amendment and recommends approval to the City Council adopting the analysis and findings within both the application and staff report as justifications for the change;


June 2, 2016 Page 6

2. The Planning Commission recommends the City Council approves the annexation petition subject to approval of the Urban Growth Boundary amendment adopting the findings within the staff report as justification for the approval; and

3. The Planning Commission recommends the City Council approve the proposed

RM zone to be applied to the annexed property, adopting the analysis and findings within the application, staff report, and this order as justification for the change, subject to the following conditions:

a. The property will develop substantially in compliance with the

development intent expressed on the record of this proceeding in particular the development of affordable senior housing.

b. The property will develop substantially in compliance with the development intent expressed in the record of this proceeding; especially the preservation of approximately six acres encompassing old growth forest as permanent open space. An open space easement will be recorded against the open space property, as well as a deed restriction limiting the property to open space use, with the deed restriction specifying the City Council must agree to any change or elimination of the deed restriction.

ADOPTED ON THE SECOND DAY OF JUNE, 2016 Janet Lease, Chair Nehalem Planning Commission

Nehalem American Legion Cemetery Rules & Regulations Page 1

NEHALEM AMERICAN LEGION CEMETERY

RULES AND REGULATIONS

1. The City of Nehalem may, from time to time, make such additional rules and regulations or revisions, for the governance, improvement and embellishment of the grounds, as they may deem requisite and proper to secure and promote the general interest of the Cemetery.

2. All maps, plats, block books, interment records, surveys, etc., will be kept at the

Nehalem City Hall.

3. Visitors are reminded that these grounds are devoted to the interment of the dead and that a strict observance of proper decorum will be required of all. All visitors are expected to respect the solemnity of the place and strictly observe the rules, which have been established by the city for the purpose of securing quiet and good order at all times within the grounds.

4. No interments will be allowed without proper burial permits and notice must be given to the City of Nehalem prior to interment to allow maintenance of proper burial records for the Cemetery.

5. All interments, including cremains must be performed by a licensed funeral home.

6. Prices for plots and lots in all sections of the Cemetery shall be $500.00 for a single plot and $3,000.00 for a full lot of six spaces.

7. Cremation plots are limited to 4 cremains per plot.

8. One cremain is allowed on top of an in ground burial.

9. The Nehalem Public Works Department has charge of the Cemetery and is authorized to enforce all rules and regulations adopted by the City of Nehalem.

10. Lots are conveyed by deed for burial purposes only; all lots are sold subject to free right-of-way for all such water and drainage pipes as may be located in any lot, walk or avenue.

CITY OF NEHALEM 35900 8TH STREET ∙ P.O. BOX 143

NEHALEM, OR 97131 PH. (503) 368-5627 FX. (503) 368-4175

Nehalem American Legion Cemetery Rules & Regulations Page 2

11. No plot can be sold, transferred or assigned by the owner except with a written notice to the City of Nehalem. The original deed must be surrendered before a new deed is issued.

12. No disinterment shall be permitted, except in accordance with the law.

13. Grading and digging on the lots by other than licensed funeral homes, employees and contractors of the City of Nehalem are forbidden.

14. At the time of burial, a Burial Permit giving the name, place of death, and age of the deceased must be given to the City of Nehalem so that correct registry may be made.

15. Monument firms will be held responsible for any damage done by them to other monuments, grass, trees, or other objects whatsoever in the Cemetery. They are subject to the control of the Nehalem Public Works Department and the direction of the City Manager.

16. All information as to grades, boundary lines, dimensions of lots, location of graves, etc., must be obtained from the City of Nehalem before beginning work on any lot.

17. Funeral designs and any other floral pieces will be removed as soon as they become unsightly.

18. The City of Nehalem prohibits enclosures of any kind, ornaments, chairs, settees, glass cases, toys or any other article that may be considered objectionable, and reserves the right to remove same without notice to the lot holder. In no case will responsibility be assumed for articles which may be placed upon the lots.

19. The planting of trees, shrubbery or flowers on lots will not be permitted. The planting of trees, shrubs and flowers for landscaping effects at points other than on lots will be in charge of and under the supervision of Nehalem Public Works by direction of the City Manager.

20. All shrubs or trees in the Cemetery may be pruned or removed at the discretion of the

City of Nehalem.

21. Cremain Rules: Disbursement of cremains is prohibited.

22. The speed limit within the Cemetery is 5 miles per hour. Driving over or between headstones is forbidden. Leashed dogs (leash in hand) are permitted on the road only, and pet owners must pickup feces deposited by pets. No liquor is permitted on the 4 Cemetery property.

23. Any disorderly person who willfully violates any of these rules and regulations of the Cemetery may be ejected from the grounds. Failure to leave upon request may result in Criminal Trespassing charges. All persons shall be held liable under law for any damage done by them, and damage to property may result in Criminal Mischief charges.

Ordinance No. 2016-02 Page 1

ORDINANCE 2016-02

AN ORDINANCE OF THE CITY OF NEHALEM IMPOSING A THREE PERCENT TAX

ON THE SALE OF RECREATIONAL MARIJUANA ITEMS BY A MARIJUANA RETAILER, REFERRIING THE ORDINANCE TO THE VOTERS AND REPEALING

ORDINANCE 2014-04

WHEREAS, ORS 475B.345 provides that a city council may adopt an ordinance to be referred to the voters that imposes up to a three percent tax or fee on the same of recreational marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City and WHEREAS, the Nehalem City Council wants to impose a tax on the sale of recreational marijuana items by recreational marijuana dispensaries in the area subject to the jurisdiction of the City and WHEREAS, the Nehalem City Council wishes to repeal Ordinance 2014-04 NOW THEREFORE, THE CITY OF NEHALEM ORDAINS AS FOLLOWS: SECTION 1. DEFINITIONS. Marijuana Item means marijuana, cannabinoid products, concentrates and extracts as described in Oregon Laws 2015, Chapter 614, Section 1. Marijuana retailer means a person who sells marijuana items to a consumer within the City of Nehalem or in the State of Oregon. Recreational Marijuana Dispensary means any facility or operation designed, intended or used for purposes of functioning as a marijuana retailer. Recreational Marijuana Dispensary does not include a Medical Marijuana Dispensary. Retail sale price means the price paid for a marijuana item, excluding tax, to a marijuana retailer by or on behalf of a consumer of the marijuana item. SECTION 2. TAX IMPOSED. As described in Section 34a of House Bill 3400 (2015) the City of Nehalem hereby imposes a tax of three percent (3%) on the retail sale price


NEHALEM, OR 97131

PH. (503) 368-5627

FX. (503) 368-4175

Ordinance No. 2016-02 Page 2

of recreational marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City. SECTION 3. COLLECTION. The tax shall be collected at the point of sale of a recreational marijuana item by a marijuana retailer at the time at which the retail sale occurs and remitted by each marijuana retailer than engages in the retail sale of marijuana items. SECTION 4. REPEAL. Ordinance 2014-04 is hereby repealed in full. SECTION 5. REFERRAL. This ordinance shall be referred to the electors of the City of Nehalem at the next statewide general election on Tuesday, November 8, 2016. PASSSED AND ADOPTED by the City Council on this 13th day of June, 2016 APPROVED THIS 13th day of June, 2016 ___________________________________ Bill L. Dillard, Mayor ATTEST:______________________ Dale Shafer, City Manager First Reading : __May 9, 2016__ Ayes: __3___ Nays: __0___ Abstentions: __0___ Absent: _1____ Second Reading: June 13, 2016 Ayes: _____ Nays: _____ Abstentions: _____ Absent: _____ Vacancies: _____

VOLUNTEER RESOLUTION Resolution No. 2016-02 for Policy Year 2016-2017

A RESOLUTION EXTENDING THE CITY OF NEHALEM’S WORKERS’

COMPENSATION COVERAGE TO CERTAIN VOLUNTEERS OF THE CITY OF NEHALEM

WHEREAS, the City of Nehalem elects the following: Pursuant to ORS 656.031 workers’ compensation coverage will be provided to the classes of volunteer workers listed on this Volunteer Election Form.

1. An aggregate assumed annual wage of $2,500 will be used per volunteer board, commission and/or council for the performance of administrative duties.

2. An aggregate assumed annual wage of $2,500 will be used per volunteer of the Nehalem Valley Historical Society for members working at the Nehalem American Legion Cemetery.

3. Unanticipated volunteer projects or exposure not addressed herein will be added into the City of Nehalem’s coverage agreement (1) by endorsement, (2) with advance notice to CIS and (3) allowing two weeks for processing. It is hereby acknowledged that coverage of this type cannot be backdated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nehalem to provide for Workers’ compensation Insurance Coverage as indicated above. ADOPTED by the City Council of the City of Nehalem this 13th day of June, 2016 ________________________ Bill L. Dillard, Mayor ATTEST by the City Manager this 13th day of June, 2016 ___________________________ Dale Shafer, City Manager


NEHALEM, OR 97131 PH. (503) 368-5627 FX. (503) 368-4175

RESOLUTION 2016-03

A RESOLUTION DECLARING THE CITY’S ELECTION TO RECEIVE STATE REVENUES

NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Nehalem, pursuant to ORS.221.770, hereby elects to receive State Revenues for Fiscal Year 2016-2017. PASSED THIS 13TH DAY OF JUNE, 2016, BY THE COMMON COUNCIL OF THE CITY OF NEHALEM, TILLAMOOK COUNTY, OREGON APPROVED: _______________________ Bill L. Dillard, Mayor ATTEST:______________________ Dale Shafer, City Manager I hereby certify that a Public Hearing before the Budget Committee was held on May 3, 2016, and a Public Hearing before the City Council was held on June 13, 2016, giving citizens an opportunity to comment on the use of State Revenue Sharing. Dated this _____day of June, 2016 ______________________ Dale Shafer, City Manager


NEHALEM, OR 97131 PH. (503) 368-5627 FX. (503) 368-4175

CITY OF NEHALEM RESOLUTION 2016-4 Page 1 of 2

CITY OF NEHALEM 35900 8TH STREET • P.O. BOX 143

NEHALEM, OREGON 97131 PH (503) 368-5627 FX (503) 368-4175

RESOLUTION 2016-04

A RESOLUTION ADOPTING THE BUDGET; MAKING APPROPRIATIONS; AND IMPOSING AND CATEGORIZING AD VALOREM TAXES FOR FISCAL YEAR 2016-2017

Section I. Adopting the Budget BE IT RESOLVED, that the Common Council of the City of Nehalem hereby adopts the Budget for Fiscal Year 2016-2017 in the total amount of $1,717,891 now on file at Nehalem City Hall. Section II. Making Appropriations BE IT RESOLVED, that the amounts for the Fiscal Year beginning July 1, 2015 and for the purposes shown below, are hereby appropriated: General Fund Timber Fund Personal Services $ 15,454 Materials & Services $ 66,200 Materials & Services $ 89,392 Transfers $ 54,000 Contingency $ 12,000 Total $120,200 Total $116,846 Street Fund Cemetery Fund Personal Services $ ,15,886 Materials & Services $ 5,600 Materials & Services $ 44,555 Total $ 5,600 Capital Outlay $ 0 Building Reserve Fund Contingency $ 4,000 Materials & Services $ 25,000 Total $ 67,441 Total $ 25,000 Water Fund VFW Flag Reserve Fund Personal Services $ 275,256 Materials & Services $ 350 Materials & Services $ 112,145 Total $ 350 Debt Service $ 125,932 Capital Outlay $ 17,000 Contingency $ 12,000 Water Capital Fund Total $ 553,333 Materials & Services $ 50,000 Capital Outlay $ 20,000 Total $ 70,000 Total Budget Appropriations $ 939,270

CITY OF NEHALEM RESOLUTION 2016-4 Page 2 of 2

Section III. Imposing & Categorizing Ad Valorem Taxes BE IT RESOLVED, that the Common Council of the City of Nehalem hereby imposes the taxes provided for in the Adopted Budget at the rate of $1.4658 per $1,000 of assessed value for operations and that these taxes are hereby imposed and categorized for Tax Year 20162017 upon the assessed value of all taxable property within the City as follows: GENERAL GOVERNMENT EXCLUDED FROM LIMITATION LIMITATION General Fund $1.4658 per $1,000 AV $0.00 PASSED THIS ______DAY OF __________, 2016, BY THE COMMON COUNCIL OF THE CITY OF NEHALEM, TILLAMOOK COUNTY, OREGON. APPROVED: ____________________________ Bill L. Dillard Attest: _______________________________ Dale Shafer, City Manager

CITY OF NEHALEM RESOLUTION 2016-05 PAGE 1

City of Nehalem 35900 8th Street - P.O. Box 143 Nehalem, OR 97131 Tel. (503) 368-5627 Fax. (503) 368-4175

RESOLUTION 2016-05

A RESOLUTION ADOPTING RECOLOGY/WESTERN OREGON WASTE’S SCHEDULE OF SERVICES AND RATES/CHARGES, PURSUANT TO ORDINANCE 2010-03; REPEALING RESOULUTION NO.

2015-06; AND SETTING AN EFFECTIVE DATE OF JULY 1, 2016

WHERREAS, Ordinance 2010-03 adopted a new Solid Waste Franchise Agreement with Recology/Western Oregon Waste (Recology), thereby repealing all previous Ordinances and Schedules of Services and Rates/Charges relating to Recology’s provision of solid waste services within the Incorporated City Limits of Nehalem; WHEREAS, Section 6 of Ordinance 2010-03 establishes that the City shall adopt any and all Schedules of Services and Rates/Charges by Resolution of the council; WHEREAS, The Solid Waste Franchise Agreement provides for no more than one rate increase in any 12 month period; and WHEREAS, the last modification in rates was adopted by Resolution 2015-06 in 2015 and WHEREAS, Recology is seeking a rate increase of 2.5% in the medical waste category with a 2.10% increase in any other category, as contained on the Schedule of Services and Rate/Charges attached hereto as Attachment A. NOW, THEREFORE BE IT RESOLVED that the Common Council of the City of Nehalem: Section 1. Recology’s Schedule of Services and Rates/Charges, as shown on Attachment A Hereto is hereby adopted, with an effective date of July 1, 2016. Section 2. Resolution 2015-06is hereby repealed in its entirety. PASSED THIS _______DAY OF __________, 2016, BY THE COMMON COUNCIL OF THE CITY OF NEHALEM, TILLAMOOK COUNTY, OREGON. APPROVED: ____________________________________ Bill L. Dillard, Mayor ATTEST: _________________________ Dale Shafer, City Manager

CITY OF NEHALEM RESOLUTION 2016-06 PAGE 1

City of Nehalem

35900 8th Street - P.O. Box 143 Nehalem, OR 97131 Tel. (503) 368-5627 Fax. (503) 368-4175

RESOLUTION 2016-06

A RESOLUTION DECLARING THE CITY’S REQUEST TO RECEIVE GRANT FUNDING THROUGH THE COASTAL ZONE MANAGEMENT GRANT PROGRAM

NOW, THEREFORE BE IT RESOLVED, that the Common Council of the City of Nehalem hereby requests continued grant funding through the Department of Land Conservation and Development’s Coastal Zone Management grant program for Fiscal Year 2016-2017 in the amount of $3,000.00 PASSED THIS 13th DAY OF June, 2016 BY THE COMMON COUNCIL OF THE CITY OF NEHALEM, TILLAMOOK COUNTY, OREGON. APPROVED: ________________________ Bill L. Dillard, Mayor ATTEST: _________________________ Dale Shafer, City Manager

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MEMORANDUM OF AGREEMENT

Tillamook County, Oregon Cities of Bay City, Garibaldi, Manzanita, Nehalem, Rockaway Beach, Tillamook,

and Wheeler, Oregon and

Oregon Department of Land Conservation and Development Project Summary

This Memorandum of Agreement (MOA) is to formalize a working relationship between the Oregon Department of Land Conservation and Development (DLCD) and Tillamook County (COUNTY) and the cities of Bay City, Garibaldi, Manzanita, Nehalem, Rockaway Beach, Tillamook, and Wheeler (CITIES) that is to result in an updated Tillamook County Multi-Jurisdictional Natural Hazards Mitigation Plan (MJNHMP). The project is funded by the Federal Emergency Management Agency (FEMA). DLCD will act as consultant. This is a no-cost agreement inasmuch as no funds are to be exchanged between the COUNTY, the CITIES, and DLCD. The COUNTY and CITIES will provide and document in-kind services as cost-share.

Background

To be eligible to receive certain pre- and post-disaster natural hazard mitigation funds from FEMA, local governments must have a current, FEMA-approved NHMP. NHMPs must be updated and re-approved every five years. The Tillamook County MJNHMP will expire April 9, 2017; therefore it is important for the COUNTY and CITIES to update the MJNHMP as soon as possible. DLCD has received a Pre-Disaster Mitigation grant (PDM 14) from FEMA through OEM to assist the COUNTY and CITIES with the MJNHMP update.

The grant’s performance period is from April 21, 2014 through September 30, 2016. Because FEMA’s grant award process and then Oregon’s subsequent legislative fiscal process have together taken an inordinately long time in this case, we anticipate requesting at least one 12-month no-cost period of performance extension from FEMA to complete the update. The term of this agreement assumes one such extension will be granted.

FEMA does not allow DLCD to disburse the PDM 14 grant funds to local governments to complete updates on their own. Therefore, DLCD will use the grant funds to provide consulting and technical assistance to the COUNTY and CITIES to complete the update, and the COUNTY and CITIES will provide cost-share through in-kind services. The COUNTY and CITIES will document their individual cost-share expenditures. No party will invoice another.

Beyond the performance period of the grant, DLCD is committed to providing technical assistance to the COUNTY and CITIES to integrate the updated MJNHMP into their existing planning mechanisms.

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Tasks

See Attachment A, Statement of Work.

PDM grants must culminate in a locally-adopted and FEMA-approved NHMP. Because this project is funded through a PDM grant, the COUNTY and each CITY must not only consider but also adopt a FEMA-approvable NHMP.

Term, Termination and Amendment

This agreement shall remain in effect from the date it is fully executed through September 30, 2017, unless the 12-month no-cost extension to be requested from FEMA is not granted. Any Party may unilaterally terminate the agreement with sixty days’ written notice to the other Parties. The terms of this agreement may not be altered, modified, supplemented or otherwise amended, except by written agreement signed by all of the Parties.

Limitation of Liability

EXCEPT FOR LIABILITY ARISING UNDER OR RELATED TO SECTION 10, NO PARTY WILL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL , OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF WHETHER THE LIABILITY CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE. NO PARTY WILL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING SOLELY FROM THE TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.

Force Majeure

No Party is responsible for any failure to perform nor any delay in performance of any obligations under this agreement caused by fire, civil unrest, labor unrest, natural causes, or war, which is beyond that Party's reasonable control. Each Party shall, however, make all reasonable efforts to remove or eliminate such cause of failure to perform or delay in performance and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this agreement.

Intended Beneficiaries

DLCD, the COUNTY and CITIES are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this agreement provides, is intended to provide, or may be construed to provide any direct or indirect benefit or right to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of this agreement.

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Notice/Contacts DLCD: TILLAMOOK COUNTY: Name Marian Lahav Name Sarah Absher Address 635 Capitol Street, NE Address 1510 B Third Street Salem, OR 97301-2540 Tillamook, OR 97141 Email [email protected] Email [email protected] Phone (503) 934-0024 Phone (503) 812-3408 x3317 BAY CITY: GARIBALDI: Name Lin Downey Name John O'Leary Address 5525 B Street Address 107 6th Street PO Box 3309 PO Box 708 Bay City, OR 97107 Garibaldi, OR 97118 Email [email protected] Email [email protected] Phone (503) 377-2179 Phone (503) 322-3327 MANZANITA: NEHALEM: Name Jerry Taylor Name Dale Shafer Address 543 Laneda Avenue Address 35900 8th Street Manzanita, Oregon 97130 PO Box 143 PO Box 129 Nehalem, OR 97131 Manzanita, OR 97130-0129 Email [email protected] Email [email protected] Phone (503) 368-5343 Phone (503) 368-5627 ROCKAWAY BEACH: TILLAMOOK: Name Lars Gare Name Paul Wyntergreen Address 276 Highway 101 S. Address 210 Laurel Avenue PO Box 5 Tillamook, OR 97141 Rockaway Beach, OR 97136 Email [email protected] Email [email protected] Phone (503) 355-2291 Phone (503) 812-2472 x3460 WHEELER: Name Geoff Wullschlager Address 775 Nehalem Boulevard PO Box 177 Wheeler, Oregon 97147 Email [email protected] Phone (503) 368-5767

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Nothing in this Memorandum of Agreement shall be construed as obligating any other party to expend funds or obligate future payment of money authorized by law and administratively available for this work.

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, STATE OF OREGON

By_______________________________________________ Date___________________ Jim Rue, Director

TILLAMOOK COUNTY, OREGON

By_______________________________________________ Date___________________ Mark Labhart, County Commissioner

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CITY OF BAY CITY, OREGON

By_______________________________________________ Date___________________ Shaena Peterson, Mayor

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CITY OF GARIBALDI, OREGON

By_______________________________________________ Date___________________ Suzanne McCarthy, Mayor

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CITY OF MANZANITA, OREGON

By_______________________________________________ Date___________________ Garry Bullard, Mayor

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CITY OF NEHALEM, OREGON

By_______________________________________________ Date___________________ Bill L. Dillard, Jr., Mayor

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CITY OF ROCKAWAY BEACH, OREGON

By_______________________________________________ Date___________________ Joanne Aagaard, Mayor

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CITY OF TILLAMOOK, OREGON

By_______________________________________________ Date___________________ Suzanne Weber, Mayor

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CITY OF WHEELER, OREGON

By_______________________________________________ Date___________________ Stevie Burden, Mayor

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ATTACHMENT A:

STATEMENT OF WORK

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STATEMENT OF WORK

Tillamook County Multi-Jurisdictional Natural Hazards Mitigation Plan (MJNHMP) Update

PROJECT DESCRIPTION The purposes of this statement of work are to: 1. Review and update the Tillamook County MJNHMP such that it is ultimately adopted by the

COUNTY and CITIES and approved by the Federal Emergency Management Agency (FEMA); 2. Develop a plan for integrating the approved Tillamook County MJNHMP with the COUNTY’s and

each of the CITIES’ existing planning mechanisms by preparing a crosswalk for the COUNTY and each CITY identifying where MJNHMP elements could be integrated with such documents and an action plan for achieving integration.

STATEMENT OF WORK In addition to and for clarification of the work and deliverables specified below by task, the COUNTY agrees to: 1. Handle meeting and public outreach logistics (space reservations, supplies, audio/visual

equipment, distribute meeting materials); 2. Provide an interactive website for the project where citizens can review and comment on draft

materials; 3. Provide GIS services. In addition to and for clarification of the work and deliverables specified below by task, the COUNTY and each CITY agree to: 1. Provide adequate public notice of meetings and events through a variety of means (examples

include handouts, newspaper inserts, distribution of flyers to public sites, news releases to radio and television stations, newspaper event listings, utility bill inserts; etc.).

2. Provide information about the project on its website and drive web traffic to the interactive website for the project hosted by the COUNTY;

3. Provide a subscription listserv (not interactive – information out only) or email service to advise interested parties of opportunities to participate in meetings and events and to comment on draft materials;

4. Assist CONSULTANT in working with the Steering Committee and Technical Advisory Committee members to gather data, information, and materials needed for MJNHMP development.

5. Perform administrative functions including tracking and timely reporting its cost share on a quarterly basis; and

6. Execute regular staff responsibilities throughout the public process to review and adopt the updated MJNHMP.

In addition to and for clarification of the work and deliverables specified below by task, DLCD agrees to: 1. Prepare meeting materials and provide them to the COUNTY at least seven days in advance of

meetings;

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2. Lead and facilitate meetings and public outreach events; 3. Gather and analyze data for MJNHMP; 4. Write, edit, and after FEMA approval finalize MJNHMP; 5. Assist the COUNTY and CITIES with preparation for and execution of (a) City Council workshop(s)

and MJNHMP adoption proceeding as necessary. DLCD, the COUNTY and CITIES agree to take a strategic approach to the MJNHMP update and perform the following tasks:

TASK 1: INITIATE

Purpose The purpose of Task 1 is to initiate the project by activating the Steering Committee (SC); reviewing and revising the Statement of Work; establishing a project schedule; developing a protocol to ensure clear and effective communication; reviewing the draft Technical Advisory Committee (TAC) membership; and refining the Public Engagement Program (PEP). The PEP will establish an open and transparent planning process. It will incorporate one public meeting, format and timing to be determined. At least two opportunities for the public to comment will be included, one during drafting and one prior to plan approval. “The public” is understood to include but not be limited to neighboring communities, local and regional agencies involved in hazard mitigation activities; agencies that have the authority to regulate development, businesses, academia, and other private and non-profit interests. DLCD and the SC will identify and recruit stakeholders and interested parties who, at a minimum, represent each of the “whole community” sectors as set forth in current FEMA documents: a. Emergency management; b. Economic development; c. Land use and development; d. Housing; e. Health and social services; f. Infrastructure; and g. Natural and cultural resources to serve on the TAC. All meetings will be duly advertised and open to the public. Task 1.1: Hold Steering Committee Meeting The purpose of this meeting will be to initiate the project by reviewing and soliciting the SC’s input on the Statement of Work, TAC membership, and PEP; establishing the project schedule and communication protocol. FEMA Requirements: 44 CFR 201.6(b) and (c)(1) Deliverables COUNTY 1. Coordinate Initial SC Meeting. DLCD 2. Provide meeting agenda. 3. Provide meeting materials. 3. Provide meeting notes containing:

a. Revised Statement of Work b. Revised Project Schedule c. Communication Protocol

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d. Revised TAC membership list e. Revised PEP

Milestone: June 15, 2016 Task 1.2: Confirm Technical Advisory Committee With assistance from the COUNTY and CITIES, DCLD will contact and confirm TAC members in accordance with the SC’s input on the PEP. FEMA Requirements: 44 CFR 201.6(b) and (c)(1) Deliverables DLCD 1. Committee rosters with complete contact information

for SC and TAC members. Milestone: June 30, 2016

TASK 2: Update Tillamook County’s 2012 MJNHMP

Purpose The purpose of Task 3 is to review and update the Tillamook County MJNHMP approved by FEMA in 2012 such that it meets the requirements of 44 CFR 201.6 as indicated by the September 30, 2011 version of FEMA’s Local Mitigation Plan Review Tool and is therefore approvable by FEMA. Task 2.1: Review and Update the Risk Assessment The risk assessment contains: 1. A characterization and analysis of each of the hazards to which the COUNTY and CITIES are

subject (coastal hazards, droughts, earthquakes, floods, landslides, tsunamis, wildfires, windstorms, winter storms) including how climate change may affect them individually and collectively to the extent data is available.

2. An assessment of probability of hazard occurrence. 3. A profile of community characteristics including geography, population demographics, land

use and development trends (changes in development), housing and employment, transportation, critical facilities and infrastructure, historic and cultural resources, and identification of NFIP-insured structures that have sustained repetitive flood damages.

4. An assessment of vulnerability to each hazard. 5. An assessment of potential dollar losses to buildings, repetitive flood loss structures,

infrastructure, and critical facilities from each hazard (to the extent data is available). 6. Conclusions (to the extent reasonable based on the data and analysis) as to the priorities for

mitigation actions. FEMA Requirements: 44 CFR 201.6(b), (c)(1), (c)(2) and (d)(3) Deliverables COUNTY 1. Coordinate up to 4 TAC and 2 SC meetings. 2. Produce necessary GIS maps. COUNTY and CITIES 3. Provide relevant existing plans, studies, reports, and technical

information for review and potential incorporation.

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4. Provide supplemental and updated information for hazard characterization and analysis.

5. Provide information, statistics, and maps for community profile including changes in development.

6. Provide information, statistics, and maps for vulnerability assessment.

7. Provide information, statistics, and maps for potential loss assessment.

DLCD 9. Facilitate up to 4 TAC and 2 SC meetings. Provide agendas, meeting materials and notes.

10. Provide most current GIS hazard layers (coastal hazards, earthquakes, floods, landslides, tsunamis, wildfires).

11. Incorporate relevant existing plans, studies, reports, and technical information subsequent to TAC review.

12. Conduct probability and vulnerability assessment using the OEM methodology.

13. Provide two drafts of the risk assessment chapter, one initial and one revised subsequent to TAC and SC review.

Milestone: December 31, 2016 Task 2.2: Review and Update the Mitigation Strategy The mitigation strategy contains: 1. Goals and mitigation actions based on the conclusions of the risk assessment, emphasizing

buildings and infrastructure. 2. Identification of changes in mitigation efforts and priorities. 3. An action plan describing how mitigation actions will be prioritized, implemented, and

administered. 4. A description of the COUNTY’s and each CITY’s participation in the National Flood Insurance

Program (NFIP) and continued compliance with its requirements. 5. Documentation of the COUNTY’s and each CITY’s existing authorities, policies, programs,

and resources for implementing the mitigation actions and its ability to expand on and improve them (Capability Assessment).

FEMA Requirements: 44 CFR 201.6(b), (c)(1), (c)(3) and (d)(3) Deliverables COUNTY 1. Coordinate up to 2 TAC meetings and 2 SC meetings. COUNTY and CITIES 2. Provide status of existing mitigation actions. 3. Identify changes in mitigation priorities. 4. Provide description of COUNTY’S and CITIES’ participation in the

NFIP and continued compliance with its requirements. 5. Provide documentation of COUNTY’S and CITIES’ existing

authorities, policies, programs, and resources for implementing the mitigation actions and its ability to expand on and improve them (Capability Assessment).

DLCD 6. Facilitate up to 2 TAC meetings and 2 SC meetings. Provide agenda, meeting materials, and notes.

7. Conduct review and update of goals.

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8. Conduct review, update, and prioritization of mitigation actions. 9. Produce draft mitigation action implementation plan. 10. Provide two drafts of the mitigation strategy chapter, one initial

and one revised subsequent to TAC and SC review. Milestone: February 28, 2017 Task 2.3: Review and Update the Plan Maintenance Process The plan maintenance process contains: 1. A description of the method and schedule of monitoring, evaluating, and updating the

mitigation plan within a five-year cycle. 2. A discussion of how the COUNTY and CITIES will continue public participation during the

plan maintenance process. 3. A crosswalk identifying where Tillamook County MJNHMP elements could be appropriately

integrated with the COUNTY’S and each of the CITIES’ existing planning mechanisms. For the COUNTY, the Oregon Partnership for Disaster Resilience’s report on code revisions for improving resilience will be considered in developing the crosswalk.

4. A process by which the COUNTY and CITIES will achieve integration.

FEMA Requirements: 44 CFR 201.6(b), (c)(1), and (c)(4) Deliverables COUNTY 1. Coordinate 1 SC meeting OR incorporate into a Task 2.2

meeting. DLCD 2. Facilitate 1 SC meeting OR incorporate into a Task 2.2 meeting.

If separate meeting, provide meeting agenda and notes. 3. Provide two drafts of the plan maintenance process and

integration crosswalk and process, one initial and one revised subsequent to SC review. May be accomplished with Task 2.2.

Milestone: February 28, 2017 Task 2.4: Hold Public Meetings to Review Draft MJNHMP The purpose of this meeting is to provide an opportunity for staff to present and discuss the primary content of the MJNHMP and obtain public comment. FEMA Requirements: 44 CFR 201.6(b) Deliverables COUNTY 1. Coordinate 2 public review meetings: 1 in north County and 1 in

south County. DLCD, COUNTY, CITIES 2. Develop materials including joint presentation for the public

review meetings. 3. DLCD and at least one SC representative from the COUNTY and

each CITY will attend the public review meetings. DLCD 4. Facilitate 2 public review meetings. Provide agendas, meeting

materials, and notes. 5. Provide two drafts of responses to comments, one proposed

and one revised subsequent to SC review.

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6. Provide final comments and responses to COUNTY and CITIES for web posting.

7. Incorporate public input into the MJNHMP. Milestone: April 30, 2017 Task 2.5: Document the Planning Process The updated MJNHMP contains a section documenting the planning process by: 1. Describing how the plan was prepared, who was included, how the public was involved, and

the opportunities for neighboring communities, local and regional agencies involved in hazard mitigation activities, agencies that have the authority to regulate development, and other interested parties to be involved;

2. Describing the opportunities for the public to comment during drafting and prior to plan approval;

3. Describing how existing plans, studies, reports, and technical information were incorporated; and

4. Including documentation of meetings and other public input. Review of this section will be accomplished by means other than a meeting (such as online commenting), unless it can be incorporated into a Task 2.2 or Task 2.3 SC meeting.

FEMA Requirements: 44 CFR 201.6(b), (c)(1) Deliverables DLCD 1. Provide two drafts of the planning process documentation, one

initial and one revised subsequent to SC review. Milestone: May 31, 2017

Task 2.6: Review and Update Remaining Plan Chapters Other Plan chapters that need to be reviewed and updated include the Executive Summary, Introduction, and List of Acronyms. Developing and including a glossary will be done at the SC’s discretion.

FEMA Requirements: 44 CFR 201.6(b), (c)(1) Deliverables DLCD 1. Provide two drafts of the remaining Plan chapters, one initial

and one revised subsequent to TAC (as necessary) and SC review.

Review of these sections will be accomplished by means other than a meeting (such as online commenting). Milestone: May 31, 2017

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Task 2.7: Finalize Draft MJNHMP for State and Federal Review At this point, all sections of the draft MJNHMP will have been written and reviewed by interested parties. This step entails combining them all into a single document, editing the entire document, adding a cover, title page, acknowledgements, page numbers, etc. to finalize the draft MJNHMP for the review and approval process.

FEMA Requirements: 44 CFR 201.6(b) Deliverables DLCD 1. Finalized draft MJNHMP Milestone: June 15, 2017

TASK 3: Review and Approval Process

Purpose The purpose of Task 3 is to ensure that all the necessary steps toward final FEMA approval are taken; the COUNTY and each CITY adopts the updated MJNHMP without substantive changes; and FEMA approves the adopted MJNHMP. There are two levels of review prior to approval: state and federal. Revisions to the draft MJNHMP may be required at one or both levels. The Oregon State Office of Emergency Management (OEM) will perform the first review and when it deems the draft MJNHMP approvable will submit it to FEMA. When FEMA establishes that the draft is approvable, it will issue an “Approvable Pending Adoption (APA)” letter to the COUNTY and each CITY. Upon receipt of FEMA’s APA letter, the COUNTY and each CITY will schedule and advertise a public meeting to adopt the draft MJNHMP (generally done by resolution). Following adoption, the COUNTY and each CITY will submit the adopted MJNHMP with evidence of adoption to DLCD which will forward it to OEM. OEM will review the package and forward it to FEMA. Upon receipt, FEMA will issue its letter of approval. Should the COUNTY or any CITY make substantive changes to the draft MJNHMP with adoption, the review process would begin again. PDM grants must culminate in a locally-adopted and FEMA-approved NHMP. Because this project is funded through a PDM grant, the COUNTY and each CITY must not only consider but also adopt a FEMA-approvable NHMP. Task 3.1: Submit Draft MJNHMP for State and Federal Review DLCD will submit draft MJNHMP on behalf of the COUNTY and CITIES to OEM for review. OEM will review the draft MJNHMP and when it is FEMA-approvable will submit it to FEMA for formal review. DLCD, the COUNTY and CITIES will make any necessary revisions with review by the SC and public as appropriate until FEMA issues the APA letter. FEMA Requirements: 44 CFR 201.6(d)(1) and (d)(2) Deliverables COUNTY and CITIES 1. Submit draft MJNHMP to DLCD to forward to OEM for review.

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DLCD, COUNTY, CITIES 2. Make any required changes and resubmit until OEM and FEMA are satisfied that the draft MJNHMP is approvable as evidenced by receipt of FEMA’s APA letter.

DLCD 3. Complete FEMA local MJNHMP review tool to be submitted with draft MJNHMP to OEM.

Milestone: Submittal: June 15, 2017

Completed State and FEMA reviews: July 30, 2017 Task 3.2: Adopt and Submit MJNHMP to FEMA The COUNTY will submit the final draft MJNHMP to the Board of County Commissioners at a regular Board meeting and each CITY will submit the final draft MJNHMP to its respective City Council for adoption at a regular City Council meeting. (A special meeting may be held at the discretion of the jurisdiction.) Following adoption, the COUNTY and each CITY will submit the adopted MJNHMP with evidence of adoption to DLCD and DLCD will submit the package to FEMA. Should the COUNTY or any CITY make substantive revisions to the final draft MJNHMP, the review and approval process would begin again. FEMA Requirements: 44 CFR 201.6(c)(5) Deliverables COUNTY and CITIES 1. Schedule draft MJNHMP for adoption at regular Board and City

Council meetings, respectively. 2. Draft staff reports. 3. Resubmit adopted MJNHMP with evidence of adoption to DLCD

for submission to FEMA. DLCD 4. At the request of the COUNTY or any CITY and to the extent

possible or practicable, attend Board or City Council meeting(s) for adoption.

5. On behalf of the COUNTY and CITIES, submit MJNHMP evidence of adoption packages to FEMA.

6. Insert evidence of adoption and FEMA approval letter(s) into the MJNHMP.

Milestone: September 15, 2017

PROJECT BUDGET and PAYMENT SCHEDULE No funds will be exchanged. DLCD will use PDM 14 federal cost share grant funds to execute its

tasks. The COUNTY and each CITY will provide the local cost share by using its own, non-federal funds to execute its tasks and will report expenditures to DLCD on a quarterly basis. The COUNTY and CITIES together will provide a minimum local cost share of $3,250.00.

POST-PDM GRANT ACTIVITY: INTEGRATION DLCD is committed to providing technical support to the COUNTY and CITIES for the integration of the updated Tillamook County MJNHMP into the COUNTY’s and each CITY’s existing planning mechanisms as described in Task 2.3, #3 and #4 and DLCD deliverable #3.

CITY OF NEHALEM - ci.nehalem.or.us3E525210-29D1-4EF2-9DCB... · CITY OF NEHALEM 35900 8TH STREET ... The Council recessed the meeting to meet in Executive Session in accordance with

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