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Home My WebLink AboutCAP060916CITY OF CENTRAL POINT City Council Meeting Agenda June 9, 2016 Next Res. 1462 Next Ord. 2028 I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M. II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES – Comments will be limited to 3 minutes per individual or 5 minutes if representing a group or organization. V. SPECIAL PRESENTATION – School District 6 VI. CONSENT AGENDA Page 2 - 9 A. Approval of May 26, 2016 Council Minutes 10 - 18 B. Appointment of Multicultural Committee Members VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 20 - 56 A. Resolution No. ______, A Resolution Ratifying the Police Collective Bargaining Agreement and Authorizing the Mayor and City Manager to Sign the Agreement (Clayton) IX. BUSINESS 58 - 61 A. Battle of the Bones at the Harvest Fair (Samitore) 63 B. Discussion regarding Alcohol in City Parks (Samitore) 65 C. Award Contract for Skyrman Park Arboretum (Samitore) 67 - 68 D. Discussion Regarding Miscellaneous Water Fee Options (Samitore) Central Point City Hall 541-664-3321 City Council Mayor Hank Williams Ward I Bruce Dingler Ward II Michael Quilty Ward III Brandon Thueson Ward IV Allen Broderick At Large Rick Samuelson Taneea Browning Administration Chris Clayton, City Manager Deanna Casey, City Recorder Community Development Tom Humphrey, Director Finance Bev Adams, Director Human Resources Elizabeth Simas, Director Parks and Public Works Matt Samitore, Director Jennifer Boardman, Manager Police Kris Allison Chief 70 - 96 E. Introduction of Conceptual Land Use and Transportation Plan for CP-3 (Humphrey) -------- F. Planning Commission Report (Humphrey) X. MAYOR’S REPORT XI. CITY MANAGER’S REPORT XII. COUNCIL REPORTS XIII. DEPARTMENT REPORTS XIV. EXECUTIVE SESSION - ORS 192.660(2)(h) Legal Counsel The City Council will adjourn to executive session under the provisions of ORS 192.660(2)(h) to receive legal counsel. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XV. ADJOURNMENT Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail at: Deanna.casey@centralpointoregon.gov . Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201 Consent Agenda CAP060916 Page 1 CITY OF CENTRAL POINT CITY Council Meeting Minutes May 26, 2016 I. REGULAR MEETING CALLED TO ORDER Mayor Hank Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Bruce Dingler, Brandon Thueson, Taneea Browning, Rick Samuelson, Mike Quilty and Allen Broderick were present. City Manager Chris Clayton; Police Chief Kris Allison; Captain Dave Croft; City Attorney Sydnee Dreyer; Community Development Director Tom Humphrey; Finance Director Bev Adams, and Planning Secretary Karin Skelton were also present. IV. PUBLIC APPEARANCES - None V. SPECIAL PRESENTATION City Manager Chris Clayton presented Finance Director Bev Adams with a plaque in honor of her retirement. VI. CONSENT AGENDA A. Approval of May 12, 2016 Council Minutes Alan Broderick made a motion to approve the Consent Agenda. Mike Quilty seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved VII. ITEMS REMOVED FROM CONSENT AGENDA – None VIII. BUSINESS A. Mid-Year Budget Report Finance Director Bev Adams presented the Mid-Year Budget Report to the Council. She reviewed the budgets for each department and stated that overall the City was in good financial shape. Revenue was over budget so far for the year and expenses were under budget. She updated the Council on the revenues and expenses with regard to the General Fund, High Tech Crime Fund, Street Fund, Capital Improvements Fund, Reserve Fund, Debt Service Fund, Building Fund, Storm water Fund, and Internal Services Fund. CAP060916 Page 2 City of Central Point City Council Minutes May 26, 2016 Page 2 Brandon Thueson made a motion to approve the Mid-Year Budget. Mike Quilty seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. IX. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Resolution number 1451, A Resolution Certifying the Provisions of Municipal Services by the City of Central Point Oregon. Mrs. Adams stated that this resolution is required annually in order to receive state revenue cigarette, liquor and highway taxes and certifies that Central Point provides specific services to its community. The city expects to receive a total of $1.3 million from these resources in fiscal year 2016/17. Mike Quilty made a motion to approve Resolution No. 1451, A Resolution Certifying the Provisions of Municipal Services by the City of Central Point, Oregon. Taneea Browning seconded the motion: ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. B. Resolution No. 1452, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year July 1, 2016 – June 30, 2017. Mrs. Adams explained the proposed resolution is required annually and qualifies the City to receive state revenue sharing funds. The City expects to receive $197,500 in fiscal year 2016/17. Allen Broderick made a motion to approve Resolution No. 1452, A Resolution Electing to Receive State Revenue Sharing Funds for Fiscal Year July 1 2016 – June 30, 2017. Taneea Browning seconded the motion: ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. C. Resolution No. 1453, A resolution to Levy Taxes for the Fiscal Year July 1, 2016 through June 30, 2017. Mrs. Adams explained that the proposed resolution is also required annually in order to levy taxes for the 2016/17 fiscal year. Rick Samuelson made a motion to approve Resolution No. 1451, A Resolution to Levy Taxes for the Fiscal Year July 1, 2016 through June 30, 2017. Allen Broderick seconded the motion: ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. CAP060916 Page 3 City of Central Point City Council Minutes May 26, 2016 Page 3 D. Resolution No. 1454, A resolution to Approve a 2015/17 Supplemental Budget. Mike Quilty made a motion to approve Resolution No. 1454, A Resolution to Approve a 2015/17 Supplemental Budget. Brandon Thueson seconded the motion: ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved E. Ordinance No. 2027, An Ordinance Amending CPMC Chapter 15.04, Building Code to Comply with Updates and References to New State Code. City Manager Chris Clayton informed the Council that this is the second reading of an ordinance updating the building code to comply with current updates to the State Building Code. All of the changes update and correct numerical code references to the Residential Specialty code, the Electrical Specialty Code, the Plumbing Specialty Code, the Oregon Fire Code and the International Fire Code. Mike Quilty made a motion to approve Ordinance No. 2027, An Ordinance Amending CPMC Chapter 15.04, Building Code to Comply with Updates and References to New State Code. Rick Samuelson seconded the motion: ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. F. Resolution No. 1455, A Resolution of the City of Central Point Oregon Granting Avista Corporation, d/b/a Avista Utilities, a Washington Corporation, its Successors and Assigns, the Nonexclusive Right, Privilege, Authority and franchise to Locate, Construct, Install, Own, Maintain, Repair, Replace, Extend, Operate and Use Facilities In, Upon, Over, Under along, and Across the Franchise Area for Purposes of the Transmission, Distribution and Sale of Gas. Chris Clayton informed the Council that the existing Natural Gas Utility Franchise Agreement between the City and Avista expired on April 30, 2016. The proposed agreement is for a term of 10 years, beginning with council adoption. He said that the agreement had been revised to include a definitions section. He reviewed the updated language throughout the agreement for the council. He informed them that the Agreement set the City’s compensation level at 5% of Avista’s gross revenue collected within Central Point’s incorporated limits. The projected revenue from the Avista Utilities franchise agreement is scheduled at $350,000. Mayor Williams opened the Public Hearing. Steve Vinson of Avista addressed the Council and stated that Avista was extremely appreciative of the relationship it has with the City of Central Point Public Works Department. He said that the City Attorney made some good suggestions regarding language in the agreement and that the new contract was a benefit to both parties. CAP060916 Page 4 City of Central Point City Council Minutes May 26, 2016 Page 4 The Public Hearing was closed Brandon Theuson made a motion to approve Ordinance No. 2027, A Resolution of the City of Central Point Oregon Granting Avista Corporation, d/b/a Avista Utilities, a Washington Corporation, its Successors and Assigns, the Nonexclusive Right, Privilege, Authority and franchise to Locate, Construct, Install, Own, Maintain, Repair, Replace, Extend, Operate and Use Facilities In, Upon, Over, Under along, and Across the Franchise Area for Purposes of the Transmission, Distribution and Sale of Gas. Mike Quilty seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. G. Resolution No. 1456, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 555 Freeman #86. City Attorney Sydnee Dreyer addressed the Council regarding two Local Improvements Districts, which were formed to address infrastructure issues in the Meadows community and Snowy Butte Station. She said that most properties within the respective LIDs have paid their assessments in-full, however six properties were in default. The Council had directed staff, on April 14, 2016, to bring back resolutions for each of the defaulting properties declaring the principal, interest and penalties due and payable at once and declaring staff to move forward with collections. Council further directed that staff provide the respective property owners six (6) months before pursuing such collections. She said that the six resolutions, one for each property, declared the principal, interest and penalties that were due and payable at once and that the accounts would be forwarded to collections if not paid. Each resolution also stated that the property owners would be given a six month time period (until July 1, 2017), before the City would pursue such collections Bruce Dingler made a motion to approve Resolution No. 1456, Resolution No. 1456, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 555 Freeman #86.. Rick Samuelson seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. H. Resolution No. 1457, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 884 Holley Way. CAP060916 Page 5 City of Central Point City Council Minutes May 26, 2016 Page 5 Rick Samuelson made a motion to approve Resolution No. 1457, Resolution No. 1457, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 884 Holley Way. Brandon Theuson seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved I. Resolution No. 1458, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 895 Holley Way. Brandon Thueson made a motion to approve Resolution No. 1458, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 895 Holley Way. Rick Samuelson seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved J. Resolution No. 1459, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 3303 Snowy Butte Lane. Mike Quilty made a motion to approve Resolution No. 1459, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 3303 Snowy Butte Lane. Brandon Thueson seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved K. Resolution No. 1460, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 3336 Snowy Butte Lane. Rick Samuelson made a motion to approve Resolution No. 1460, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 3336 Snowy Butte Lane. Taneea Browning seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved L. Resolution No. 1461, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant CAP060916 Page 6 City of Central Point City Council Minutes May 26, 2016 Page 6 to ORS Section 223.270, Procedure For Collection On Default for 3268 Snowy Butte Lane. Allen Broderick made a motion to approve Resolution No. 1461, A Resolution of the City of Central Point, Oregon Declaring An Assessment Due And Payable And Directing collection Pursuant to ORS Section 223.270, Procedure For Collection On Default for 3268 Snowy Butte Lane. Taneea Browning seconded the motion. ROLL CALL: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Allen Broderick, yes; Brandon Thueson, yes; Rick Samuelson, yes; Mike Quilty, yes. Motion approved. X. MAYOR’S REPORT Mayor Williams reported that he attended: • The ribbon cutting at the Central Point Perk Coffee Shop. • The D.A.R.E. graduation at Jewett Elementary. • The Friends of the Fair dinner. • The Development Commission Study Session. • The Quantum open house. XI. CITY MANAGER’S REPORT City Manager Chris Clayton reported that: • Don Jones Water Park opens tomorrow. • He would be meeting with the School District on June 9th to discuss the possibility of the Crater Iron Building being used for a trade school • Costco Attorneys have filed a response to the objection to the record he will provide a copy in his weekly report. • The Police Bargaining Agreement has been approved by the union and will come before the Council at the next meeting. • 75 Bush Street is in pretty bad shape. At this point Mr. Jacob Taylor has been incarcerated. The city needs to do something with it, but the property owner has passed so we will need to find out how to proceed. XII. COUNCIL REPORTS Mike Quilty reported that: • He attended the Jewett Elementary School Graduation. • He attended the Development Commission Study Session. • He attended an LOC Transportation meeting in Salem. • He attended ODOT meeting in Roseburg. • He has visited Central Point Perk. It is very nice. Brandon Thueson reported that: • He attended the D.A.R.E. Graduation at Jewett Elementary School. CAP060916 Page 7 City of Central Point City Council Minutes May 26, 2016 Page 7 • Attended the Development Commission Study Session. • Attended a Bear Creek Greenway meeting. Rick Samuelson reported that he attended: • The Development Commission Study Session. • The Central Point Perk Ribbon cutting. • The Fight Night 4 at the Fairground. • The brainstorming session at the Chamber. • The RVCOG Board meeting. Bruce Dingler reported that: • He attended the Development Commission Study Session. • He appreciated the firearms training from the police. Taneea Browning reported that: • She attended the Ribbon Cutting at Central Point Perk. • She attended the Jewett D.A.R.E. Graduation. • Saturday’s Love My Market went well. They are considering adding a classic car display next month. • She attended Greeters at Quality Tire last week. • She attended the Development Commission Study Session. • She attended the Chamber brainstorming session with local businesses. • There will be a ribbon cutting next week at Rogue Jet Boats. Allen Broderick reported that: • He attended the Central Point Perk Ribbon Cutting. • Attended the Development Commission Study Session. • Attended the Economic Summit at the Country Club which had interesting information regarding the housing starts for our community being only 4% away from the prices in 2006. He stated that he worked out his own average of pricing of homes in the Southern Oregon area and came up with a 47% increase over 5 years ago when the bottom dropped out of the market. He indicated that nationally, it is a seller’s market right now. XIII. DEPARTMENT REPORTS Community Development Director Tom Humphrey reported that: • Central Point is growing. • The Twin Creeks LOMAR has been approved. • There is some interest from several memory care facilities in locating in Central Point. One possibly at the Mon Desir property. • White Hawk Development is slowly moving forward. • Gebhard Village should be moving forward soon. • The Veterinary Clinic has been approved and will be moving forward. CAP060916 Page 8 City of Central Point City Council Minutes May 26, 2016 Page 8 • The Idiart Family is interested in redeveloping their property on Pine Street. • Rogue Jet Boats has set up a ticketing office and looks to be a good fit with the Creamery and the Artisan area. It looks like a good compliment to existing businesses. • There will soon be a Buttercloud mobile food vendor locating by the Creamery. • He said he had attended the Quantum Group open house. Finance Director Bev Adams thanked everyone for their support and the plaque and said that she would miss everyone but was looking forward to retirement. Police Chief Kris Allison reported that: • The Police Department would be launching a new program on June 9th. It will be a Central Point Crime watch which would combine 3 elements. 1) A registration system for surveillance cameras, 2) a community watch program, and 3) a community group to support the police department. Everyone who participated in any of the components would receive a stake sign which could be placed in their yard which might help to deter crime. • The weed abatement letters would be going out soon so work would be starting in two weeks or so. • Last Friday the police department, Fire District 3 and the State Fire Marshall had a ceremony at The Meadows commending them for being a fire wise community. • There has been an increase in car break-ins lately. This has not been limited to Central Point but is prevalent in Ashland, Medford and surrounding communities. She stated that they were trying to be proactive and put measures in place to combat this problem such as plain clothes officers in unmarked cars patrolling the area. There are other measures also being considered. XIV. EXECUTIVE SESSION – None XV. ADJOURNMENT Mike Quilty moved to adjourn. Taneea Browning seconded. All members said “aye” and the meeting was adjourned at 8:35 p.m. The foregoing minutes of the May 26, 2016 council meeting were approved by the City Council at its meeting of June 9, 2016. __________________________ Mayor Hank Williams ATTEST: __________________________ City Recorder Deanna Casey CAP060916 Page 9 STAFF REPORT June 9, 2016 AGENDA ITEM: Appointment to Multicultural Committee STAFF SOURCE: Deanna Casey, City Recorder BACKGROUND/SYNOPSIS: The City Multicultural Committee currently has three members: Amy Sweet, Chair Christina Garrett Dolores Cadwallader This committee is allowed to have seven members from the community. With the passage of Ordinance 2026 in May, the Council may appoint two members who are not city residents. The City has received applications from: Fran Settell – Trail Resident and past chair of the Multicultural Committee. Mrs. Settell has continued to stay active by participating in the Lights Parade, attending meetings, and helped with the Medford Multicultural Fair. Keith Stone – Central Point Resident. Mr. Stone has been active with the City and the Central Point Community. Rita Copado – Works for Central Point Schools. Mrs. Copado would like to be more involved in the community. FISCAL IMPACT: There is no financial impact to the City. ATTACHMENTS: Committee Applications RECOMMENDATION: Approve the Consent Agenda for June 9, 2016 appointing Fran Settell, Keith Stone, and Rita Copado for a term ending December 31, 2019. PUBLIC HEARING REQUIRED: No Public Hearing is required for a Council Appointment. ADMINISTRATION DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-3321 · www.centralpointoregon.gov CAP060916 Page 10 City, of. C"e¡jnl Ppin"ç, Or,qgorr c 2016 May 10 10:49 AM Providence Medical Group-S 541.732.5792 POINT 1t2 Adm lnlstratlon D g,parçme¡g Chrls Clayton, Clty Manager ft¡ff Xl J o.ann. Casey, Clty Rccorder 4-t5 -lv 140 S 3rd Street, Cencrrl Polnt, OR 97502 541.664.332 I Fax 541.664.6384 www.ce¡ffâlFolÈrqre gôn. g6v APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMMITTEE Name: .q.ddressr 7-ta'^-l NL q 15 Ll I #Sn, ,,,siness phone; ,ceu phone;4¿"' *) Fax:E-mail: Are you a registered voter with the State of Oregon? Yes *No Are you a city resident? Yes No >L- ) would you like to be appointed tol'Whioh commi (PIease tteeÉs make sure the dates below work with your beþre , Councíl and Planníng Commission members are required to flle q,n Annual Statement of Economlc Interest to the State of Oregon,) ,:!'r Meeting Dates (All meetfng dates rre aubject to change or addldons, tlmes vary for each i committee): ; E Budget Committcer Meetings vary in April Annuallyi ¡ Citizous Advisory Commitãer 2'å Tuu*àay of every quarter I = Couucil Sfudy Sessionsr 3'd Monday of each month i ú Multiculhrral Commiuee; 2nd Monday of every quarter i I-l Planning Commission: l# Tuesday of each month Pilks and Recreation CommittoeÆoundation: Meeting dates varyIä Employment,sional, il^!-/ û.l/L s þrttË'. ftfuDûll-pry Cdrnùtr5úr"r-6.-affrliations and V1/¿ øf O Provious City appointments, offltces, or Lu\+i C.t tt ..1-. ru-L CAP060916 Page 11 2016 May 10 10:49 AM Central Point Committoe Application PageZ them? Providence Medical Group-S 541.732.5792 2t2 As additional background for the Mayor and City Council, please answer the following questions. 1. Pleaso explain why you are interested in tlte appointment and what you would offer to the community that this co lavt M\"r_U_r t/LS n Lcrt.L +^ '^^i- a tJ Q'' 3, Pleaee provide arry additional information or comments whicli you believe will assist the City Council in considering yoru apP uo f1,t!-Dl'¿,r) a{Ç{,ü/ í14ÌSS) D 4. Do you anticipate tliat any conflicts of interest will arise if you are appoínted; and if so, how a ú'Q l,-, c, ë t^s tll-(-*{i ^J ru sS- âÊ Usur v I q the information in this application is kue to the best of my knowledge. I entation and/or omission of facts are cause for removal from any oouncil, sion I may be appointed to. AII information/documentatíon DateS My signan:re affi¡ms that understand that public record disclosr¡E.ectTSrhls tgsubj advisory to CAP060916 Page 12 cisy_qJ_c_e$r{ Pq_it!, Qress¡ CENïML POINT Ot-egotr Administration Department Chris Clayton, City Man4ger Deanna Case¡ City Recorder APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMIVilTTEE Name:4("tt Src''r Date: OI g Le"ranJovr AW; (". p q -lÇÕ?- Address Homephone: Business phon.,6 au¡lv&cell phone . E-mail: Fax: Are you a city resident? Yes No Which committee(s) would you like to be appointed to: (Please mqke sure the dqtes below workwithyour schedule beþre applying. Council and Planning Commission rnembers are required tofile an Annuol Statement of Economic Interest to the State of Oregon.) Meeting Dates (Att meeting dates are subject to change or additions, times vary for each committee):E Budget Committee: Meetings vary in April Annually E Citizens Advisory Committee:2"d Tuesday of every quarter E Council Study Sessions: 3'd Monday of each month ø Multicultural Committeez2nd Monday of every quarter E Planning Commission: ls Tuesday of each month E Parks and Recreation CommitteeÆoundation: Meeting dates vary Are you a registered voter with the State of Oregon? y", X No L,+tt^. t-ínvre" Cfktuz_ iltalJ ll/r^ Previous City appointments, offices, or activities: fl Vlr,*, cr'l*u rdL lo^^,kr{ Employment, professional, and volunteer background: SJ [- E*{loY cá, rÀr v{<r^,ú-YßuWn [ue ScnwT Lenxqø Foa- lO + VeÃllz ' buc l, rn,s Ss¿vn*f/Sr. V,^tot,t e', (t, s rthrsb"- S D l{*,,,¡,t. Community afÏiliations and activities : rz*Ë-i- -;'F"* c",-i5: --"{, ;¿¿ I cl 1 E' ll ¿l Pu) t ^l C P ftlz^Js, /t, I { rrrær //u/fuo" NonÀr Nnrtr/::ñv'*pct *o Crt\ o )0. 1},Utl ß, Itvt u¿ Ás hn -/o - BnÀ li¡;t,v\ or! f\Y E*J. (e^t L Luns ¡(a ¡,/or1-€ci fa Be- ,nrv¡sJ) lnfÐ " C- P P-ù ,= horrrg S,ot ¿ru ïtløfL"G,nut Pt¿xrW¡'¡ft¿xt -lnst4rr-r-x" - CAP060916 Page 13 Central Point Committee Application Page2 As additional background for the Mayor and City Council, please answer the following questions. 1. Please explain why you are interested in the appointment and what you would offer to the communitv' I LovÐ rrurL L¿''L^L Po,^f f^n,u'l'*,ly ! f. hn-vì-1 Ë¡vÈú-6 y ct¡ fZ¡Saüvn L,-s r¡,u¡-i c" ¿t t I yr- -to he I p nqrlL f/ttì"3< V'¿xøç¿ ' Kr, lcl ,^,3 ..* Jlr TugVess tÀn-r ì< rÀJ /t|(r+ion-/ . A- P is Y€rv\ Itot-v^J th,v l¿,* -2. Please describe what you believe *" lh. that this committee should be concerned about. * f ,,uurìshr{T /p"I.rfr"ssl¡rip " - fo ftoQt¿ r..lÉf"t +" Kvor¡-t tr{Éh .i'knl Es¡Vr1'otrlfv\l'f\J+ -llrraU6rh'\ 3. Please provide any additional information or comments which you believe will assist the City Council in considering your application. :r' hnve lo"rf,.,v O"rt¿ t¡rr\¿ t*l-t",r^rt - I il{^ C{¿âûNthwG G- . ollAn..l A tVA L't f f"aPa-*+hL< trvrll t:¿ o-¡.t t\rxtwvnL€vgNl , rJs c^ "Fû,^n,11 fr<rl\,rìl" ßin'U'g a Seuso ,{ tcrru,ttullT. ßrii rn^17 {ðrs,,rrs*-. J- pî(tu¿ctols fln*i , major concerns of the City residents and businesses 4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how would you handle them?\ No Co'-{1 u* " N.+ rñ t\¡,Y túntvvt-Y. ^ O co,nrMl,r/wrcnrhont 3ú^ß {o ln-V>*t lUn¡xÌl l7 Ps,u UV,ba h,,frtù", A that the information in this application is true to the best of my knowledge. I and/or omission of facts are cause for removal from any council, board or commission I may be appointed to. All for this position is subject to public record disclosure' eâlDate:bI t information/do cumentation My signature CAP060916 Page 14 . , û ,t¡å¡ñùrt-) S A V E T I I E D A T E S A T U R D A Y S E P T E M B E R 1 7 , 2 0 1 6 6 : 3 0 P M T W I N C R E E K S P A R K C E N T R A L P O I N T , O R E G O N ' T H E 1 s r n r u u u n l - O H A N A F E S T I V A L - ( o n n r u n m e a n s F A M I L Y ) C o m e e n j o Y t h e A L O H A f P f R T T S o u t h e r n O r e g o n S t y l e l s l a n d M u s i c , F o o d a n d D a n c i n g , and a s p e c ¡ a l B a l l o o n r e l e a s e f o r o u r O h a n a To re m e m b e r t h o s e w h o h a v e g o n e b e f o r e u s . ( L n ì t e d s e a e e s l - A L O H A x I Ð Friends of Scouting"ì C a l l K e i t h S t o n e " P o h a k u " ( s 4 1 ) 3 2 4 - 8 9 5 8 t a l o h a . S t o n e @ m e . c o m CAP060916 P a g e 1 5 Sponsorship L e v e l s : Q : W I L L Y O U J O I N U S ? . . . r C e l e b r a t e A L L F a m i l i e s i n O U R V a l l e y A c t i v i t i e s : . M u s i c . D a n c i n g . F a m i l y H i s t o r y b o o t h . P o l y n e s i a n f l o o r s h o w . B a l l o o n R e l e a s e ( p o w e r f u l ) . P o i B a l l s & U k e l e s s o n s . F a c e P a i n t i n g . J u m p H o u s e . L i m b o c o n t e s t . D r e s s u p c o n t e s t . l s l a n d G a m e s . F U N T I M E F O R A L L Sweet Mang o - 5 7 5 Lovely Flower L e i s - S l 5 0 . #1 ,- Great fe e l i n g s " W a r m & F u z z i e s " . Advertising " L o g o " s p o t o n t h e P r o g r a m . Prime event s e a t i n g . Spotlight "sh o u t o u t " f r o m t h e E m c e e . Table for YO U R C o m p a n ¡ e s " l n f o b o o t h " . Thank You to o u r L O C A L S P O N S O R S - H ,. Great time fo r a l l a n d a g o o d F a m i l y & C o m m u n i t y e v e n t CAP060916 P a g e 1 6 City of Central Point, Oregon 140 S 3rd Street, Central Point, OR 97502 541.664.332 I Fax 54 1.664.6384 www.centralooi ntoregon.sov CENTRAL POINT APPLICATION FOR APPOINTMENT TO CITY OF CENTRAL POINT COMMITTEE Date: 3 36 I Administration Department Chris Clayton, City Manager Deanna Casey, City Recorder Name:'î?,\r. (',"rr-, r{ß Address: Home Phone:Business Phone: r\t L {" Fax E-mail Are you a registered voter with the State of Oregon? Yes X No Are you a city resident? Yes No Which committee(s) would you like to be appointed to (Please make sure the dates below workwith your schedule before applying. Council and Planning Commission members are required to file an Annual Stqtement of Economic Interest to the State of Oregon.) Meeting Dates (All meeting dates are subject to change or additions, times vary for each committee): Budget Committee: Meetings vary in April Annually E Citizens Advisory Committee: 2nd Tuesday of every quarter Council Study Sessions: 3'd Monday of each month fE Multicultural Committee: 2nd Monday of every quarter Planning Commission: 1't Tuesday of eachmonth É Parks and Recreation CommitteeÆoundation: Meeting dates vary Employment, professional, and volunteer background :C? S-\oc,\ Disf,ri-V., Vo\otnÞ¿¿r gc-hoa\s ô^f, E.åJ¿t.q\ ou$u¿.c-hac-c\i'l{^es '"'¡/cc'nrq-,a\ tte-\ùtt c*tv . in c,^ohi{-e__ r community affiliations and activities: | " -- ' -t s\T-l ' i,. c'\)td{-e-- oLb Previous City appointments, offices, or activities: CAP060916 Page 17 Central Point Committee Application Page2 As additional background for the Mayor and City Council, please ans\ryer the following questions. 1. Please explain why you are interested in the appoinhnent and what you would offer to the community.E *---o\..\.\ \iþe -\ro \oe- nAo$€-- ìayoWed, ir,r,--r\r.^\s . Sl. {o 1+ v\no$¿ c e +r-\f rnrOþeÁ - +ô e¡r ç¿\^1. o-lem\t 2. Please describe what you e major concems of the City resi d businesses that this committee shouldbe concem y¡s_. r/Vla\ô( C.ø^c-ef Vt .q_ \s .å'he-?^rbs Lrc¿r¿a\o Vì¿s +. t-\Ä,s, k^À .-'s .a\ 3 oiwf o\À orwu\^L lart- et , 3. Please provide any additional information or Council in considering your application.f,- c-a.vr! o,lrt^ç.1r-- .ln..sVf \fan^ e\*l cr.¡fr<_rnH \ç, -fnr,e-- e,øn^V\Àrùt4\_. 4. Do you anticipate that any conflicts of interest will arise if you are appointed; and if so, how wouldyouhandlethem? a do trÒ+ "U}ìc\lrbl€,, oy CÞvçflìc\ comments which you believe will assist the City-\,,¡\r^\c oç al!á4ì ra1 els< ï o" rop covrzt\t 11 ¿ue!ì+è My signature affirms that the information in thís application is true to the best of my knowledge. I understand that misrepresentation and/or omission of facts are cause for removal from any council, advisory committee, board or commission I may be appointed to. All information/documentation related to service for this position is subject to public record disclosure. Date: ts CAP060916 Page 18 Resolution Ratifying Police Collective Agreement CAP060916 Page 19 ADMINISTRATION DEPARTMENT Chris Clayton, City Manager ● Deanna Casey, City Recorder ● Elizabeth Simas, Human Resources Director STAFF REPORT June 9, 2016 AGENDA ITEM: Police Collective Bargaining Agreement Ratification Consideration of Resolution No. _______ Ratifying the Police Collective Bargaining Agreement STAFF SOURCE: Elizabeth M. Simas, Human Resources Director, Debbie Dunlap, Accounting Supervisor BACKGROUND/HISTORY: HISTORY: On May 9, 2016 the City and Police bargaining teams tentatively agreed to a 3-year successor collective bargaining agreement. The agreement requires ratification by both parties. The bargaining unit ratified the agreement on May 24, 2016. PROPOSAL: It is proposed that the Council ratify the bargained agreement. The negotiated agreement consists of a 3 year contract with a 2.5% increase applied to the pay scale on July 1, 2016, a 3% increase applied to the pay scale on July 1, 2017 and the addition of a “Step G” effective September 1, 2018. Other changes to the bargaining agreement include language providing shift bidding based on seniority, no pyramiding language of hours, employees are eligible for overtime when working on a scheduled day off, any cash-outs are to be paid on a regular paycheck and employees will be paid out for all vacation leave upon termination, sick leave language was updated to comply with Oregon leave laws, and training travel time was changed to be consistent with federal law. Boot allowance for officers was increased by $100; from $300 to $400 over the life of the contract. Police Support Specialists uniform pant/shoe will receive a one-time payment of $300 for the duration of the contract, in lieu of reimbursements which did not have a capped amount. FISCAL IMPACT: The annual cost of a 2.5% (3% with roll-up costs) pay increase on the current pay scale is $31,000. The annual cost of a 3% (3.6% with roll-up costs) pay increase on the current pay scale is $38,000. The cost of adding an additional step to the pay scale and removing the bottom step on September 1, 2019 is $33,000. It is approximately an 8.3% increase to the budget (2.75% average increase per year) for the three-year contract. RECOMMENDATION: Motion to approve Resolution No. _____, A Resolution Ratifying the Police Collective Bargaining Agreement. ATTACHMENTS: TA’d 2016-2019 Police Collective Bargaining Agreement CAP060916 Page 20 RESOLUTION NO. _______ A RESOLUTION RATIFYING THE POLICE COLLECTIVE BARGAINING AGREEMENT and AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT RECITALS: 1. The City of Central Point has a fundamental interest in the development of harmonious and cooperative relationships between the City and its employees; and 2. The City recognizes the rights of public employees to organize; and 3. The City recognizes and accepts that the principle and procedure of collective bargaining can alleviate various forms of strife and unrest; and 4. ORS 243 “Collective Bargaining” defines and outlines the policies involved in collective bargaining between public entities and public employers; and 5. The current police collective bargaining agreement is expiring on June 30, 2016; and 6. The successor bargaining agreement will be effective from July 1, 2016 – June 30, 2019. The City of Central Point resolves as follows: The Police Collective Bargaining Agreement between the City of Central Point and Teamsters Local 223 (Police), as attached, is hereby ratified and adopted, and the Mayor and City Manager are authorized to sign the Agreement. Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___. __________________________ Mayor Hank Williams ATTEST: _____________________________ City Recorder CAP060916 Page 21 COLLECTIVE BARGAINING AGREEMENT between CITY OF CENTRAL POINT and TEAMSTERS LOCAL UNION #223 Police July 1, 2016 –June 30, 2019 CAP060916 Page 22 TABLE OF CONTENTS PREAMBLE ......................................................................................................................... 1 ARTICLE I ‐ RECOGNITION ................................................................................................................... 1 Section 1.1 Recognition ................................................................................................................ 1 Section 1.2 Bargaining Unit Classifications ................................................................................... 1 Section 1.3 Exclusions .................................................................................................................... 1 Section 1.4 New Classifications ...................................................................................................... 1 ARTICLE II ‐ MANAGEMENT RIGHTS .................................................................................................. 2 Section 2.1 Management Rights ................................................................................................... 2 ARTICLE III ‐ MAINTENANCE OF STANDARDS ...................................................................................... 3 Section 3.1 Maintenance of Standards .......................................................................................... 3 ARTICLE IV ‐ UNION SECURITY ........................................................................................................... 3 Section 4.1 Checkoff ..................................................................................................................... 3 Section 4.2 Fair Share .................................................................................................................... 3 Section 4.3 Religious Objection .................................................................................................... 3 Section 4.4 Hold Harmless ............................................................................................................. 3 Section 4.5 New Hires .................................................................................................................... 3 Section 4.6 Bulletin Board ............................................................................................................. 3 Section 4.7 Right of Access ........................................................................................................... 4 Section 4.8 City Facilities ............................................................................................................... 4 ARTICLE V ‐ UNION BUSINESS ............................................................................................................ 4 Section 5.1 Union Business ........................................................................................................... 4 Section 5.2 Union Representation ................................................................................................ 4 Section 5.3 Collective Bargaining .................................................................................................. 4 ARTICLE VI ‐ NON‐DISCRIMINATION ................................................................................................... 4 Section 6.1 Gender. ....................................................................................................................... 4 Section 6.2 Application of Agreement .......................................................................................... 5 ARTICLE VII ‐ PERSONNEL FILE ........................................................................................................... 5 Section 7.1 Maintenance of Personnel Files .................................................................................. 5 Section 7.2 Disclosure of Information ........................................................................................... 5 Section 7.3 Viewing of Files .......................................................................................................... 5 Section 7.4 Representation ............................................................................................................ 5 Section 7.5 Employee Signature and Response ............................................................................. 5 Section 7.6 Adding and Removing Documents .............................................................................. 5 ARTICLE VIII – PROBATION .................................................................................................................. 6 Section 8.1 Probationary Period .................................................................................................... 6 Section 8.2 Promotional Probationary Period ............................................................................... 6 Section 8.3 Scheduling of Probationary Employees ...................................................................... 6 CAP060916 Page 23 ARTICLE IX – SENIORITY ..................................................................................................................... 6 Section 9.1 Definition ..................................................................................................................... 6 Section 9.2 Seniority List. ............................................................................................................... 7 Section 9.3 Application ................................................................................................................. 7 Section 9.4 Seniority Grace Period ................................................................................................ 7 ARTICLE X – LAYOFF AND RECALL ....................................................................................................... 8 Section 10.1 Eligibility for Layoff Status ........................................................................................... 8 Section 10.2 Recall from Layoff ....................................................................................................... 8 ARTICLE XI ‐ HOURS OF WORK AND OVERTIME .................................................................................. 8 Section 11.1 Work Week ................................................................................................................. 8 Section 11.2 Workday ................................................................................................................... 8 Section 11.3 Other Work Schedules .............................................................................................. 8 Section 11.4 Schedule Changes ....................................................................................................... 8 Section 11.5 Work Shift ................................................................................................................. 8 Section 11.6 Overtime .................................................................................................................. 9 Section 11.7 Compensatory Time ................................................................................................. 9 Section 11.8 Call Back ..................................................................................................................... 9 Section 11.9 Court Scheduled Between Night Shifts .................................................................... 9 Section 11.10 Rest Periods .............................................................................................................. 10 Section 11.11 Meal Periods .............................................................................................................. 10 Section 11.12 Detective On‐Call ....................................................................................................... 10 ARTICLE XII – COMPENSATION ............................................................................................................... 11 Section 12.1 Pay Schedule .............................................................................................................. 11 Section 12.2 Pay Periods ................................................................................................................. 11 Section 12.3 Steps ............................................................................................................................ 11 Section 12.4 Changes in Position and/or Grade .............................................................................. 12 Section 12.5 PERS Contribution ....................................................................................................... 12 Section 12.6 Deferred Compensation ............................................................................................. 13 ARTICLE XIII ‐ INCENTIVE PAY .............................................................................................................. 13 Section 13.1 DPSST Certification ..................................................................................................... 13 Section 13.2 Educational Incentive .................................................................................................. 13 Section 13.3 Bilingual/Sign Language Pay........................................................................................ 13 Section 13.4 Calculation of Incentive Pay ........................................................................................ 13 ARTICLE XIV – SPECIAL ASSIGNMENTS and COLLATERAL DUTIES ......................................................... 14 Section 14.1 Special Assignments .................................................................................................... 14 Section 14.2 Detective ..................................................................................................................... 14 Section 14.3 School Resource Officer .............................................................................................. 14 Section 14.4 Field Training Officer ................................................................................................... 14 Section 14.5 Acting In Capacity ........................................................................................................ 14 Section 14.6 Calculation of Assignment Pay .................................................................................... 15 CAP060916 Page 24 ARTICLE XV – UNIFORMS ................................................................................................................... 15 Section 15.1 Uniforms ..................................................................................................................... 15 Section 15.2 Uniform Cleaning ....................................................................................................... 15 Section 15.3 Clothing Allowance ..................................................................................................... 15 ARTICLE XVI ‐ EXPENSE REIMBURSEMENT ........................................................................................... 16 Section 16.1 Educational Reimbursement .................................................................................... 16 Section 16.2 Travel Expenses ........................................................................................................ 16 Section 16.3 Fitness ....................................................................................................................... 17 Section 16.4 Taxation ....................................................................................................................... 17 ARTICLE XVII ‐ VACATION .................................................................................................................... 17 Section 17.1 Accrual. ........................................................................................................................ 17 Section 17.2 Accrual Limitations ..................................................................................................... 18 Section 17.3 Vacation Selection .................................................................................................... 18 Section 17.4 Termination ............................................................................................................. 18 Section 17.5 Sell Back ...................................................................................................................... 18 ARTICLE XVIII ‐ HOLIDAYS .................................................................................................................. 19 Section 18.1 Holidays: Full‐time, Non‐sworn Employees ................................................................ 19 Section 18.2 Accrual for Sworn Personnel ...................................................................................... 20 Section 18.3 Holiday Sell Back ......................................................................................................... 20 ARTICLE XIX ‐ SICK LEAVE ................................................................................................................... 20 Section 19.1 Accrual ......................................................................................................................... 20 Section 19.2 Utilization ................................................................................................................... 20 Section 19.3 Notification ................................................................................................................. 20 Section 19.4 Sick Leave Compensation ........................................................................................ 20 Section 19.5 Leave Without Pay/Layoff .......................................................................................... 21 Section 19.6 Immediate Family. ...................................................................................................... 21 Section 19.7 Integration of Paid Sick Leave With Workers Compensation .................................... 21 Section 19.8 Retirement ................................................................................................................. 21 ARTICLE XX ‐ LEAVE OF ABSENCE WITH PAY .......................................................................................... 21 Section 20.1 Bereavement Leave .................................................................................................. 21 Section 20.2 Funeral Leave .......................................................................................................... 21 Section 20.3 Civic Responsibility ................................................................................................... 22 Section 20.4 Military Leave .......................................................................................................... 23 Section 20.5 Conferences/Meetings ............................................................................................ 23 Section 20.6 Leave Accrual While on Paid Leave .......................................................................... 23 ARTICLE XXI ‐ LEAVE OF ABSENCE WITHOUT PAY ................................................................................ 23 Section 21.1 Family Medical Leave .................................................................................................. 23 Section 21.2 Military Leave .............................................................................................................. 23 Section 21.3 Other Leave Without Pay ........................................................................................... 23 Section 21.4 Leave Accrual While on Unpaid Leave ........................................................................ 23 CAP060916 Page 25 ARTICLE XXII ‐ INSURANCE COVERAGE ............................................................................................... 24 Section 22.1 Medical, Dental and Vision Insurance ......................................................................... 24 Section 22.2 Health Insurance Eligibility .......................................................................................... 24 Section 22.3 Medical, Dental and Vision Insurance Premiums ....................................................... 24 Section 22.4 Section 125 .................................................................................................................. 24 Section 22.5 Health Reimbursement Arrangement ......................................................................... 24 Section 22.6 Long Term Disability Insurance .................................................................................. 25 Section 22.7 Life Insurance ............................................................................................................. 25 ARTICLE XXIII ‐ WORKER'S COMPENSATION ........................................................................................ 25 Section 23.1 Worker's Compensation ............................................................................................. 25 ARTICLE XXIV ‐ OUTSIDE EMPLOYMENT .............................................................................................. 25 Section 24.1 Outside Employment. ................................................................................................. 25 Section 24.2 Approval ..................................................................................................................... 25 Section 24.3 Response .................................................................................................................... 25 ARTICLE XXV ‐ DISCIPLINE AND DISCHARGE ........................................................................................ 25 Section 25.1 Discipline. .................................................................................................................... 25 Section 25.2 Imposition .................................................................................................................. 25 Section 25.3 Probationary Employee .............................................................................................. 26 Section 25.4 Grieving Discipline ...................................................................................................... 26 Section 25.5 Union Representation ................................................................................................ 26 ARTICLE XXVI ‐ GRIEVANCE PROCEDURE ................................................................ ............................. 26 Section 26.1 Definition .................................................................................................................... 26 Section 26.2 Informal Resolution .................................................................................................... 26 Section 26.3 Grievance Procedure .................................................................................................. 26 Section 26.4 Expenses ............................................................................................. ....................... 27 Section 26.5 Time Limits ................................................................................................................. 27 Section 26.6 Grievance File ............................................................................................................. 27 ARTICLE XXVII ‐ UNPROTECTED STRIKE ACTIVITY AND LOCKOUT ......................................................... 27 Section 27.1 Lockout ....................................................................................................................... 27 Section 27.2 Strike .......................................................................................................................... 27 Section 27.3 Union Responsibility ................................................................................................... 28 Section 27.4 Discipline .................................................................................................................... 28 Section 27.5 Wages and Benefits .................................................................................................... 28 ARTICLE XXVIII ‐ SAVINGS CLAUSE ...................................................................................................... 28 Section 28.1 Savings Clause ............................................................................................................ 28 ARTICLE XXIX ‐ DURATION .................................................................................................................. 28 Section 29.1 Duration ..................................................................................................................... 28 ARTICLE XXX ‐ EXECUTION/SIGNATURES .............................................................................................. 28 APPENDIX A ‐ PAY SCHEDULE ............................................................................................................. 29 CAP060916 Page 26 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 1 AGREEMENT BETWEEN CITY OF CENTRAL POINT, OREGON AND TEAMSTERS LOCAL UNION NO. 223 PREAMBLE This Agreement Between the City of Central Point, Oregon, hereinafter called the "City;” and Teamsters Local Union No. 223, International Brotherhood of Teamsters, Portland, Oregon, hereinafter called the "Union,", is made and entered into for the purpose of fixing the wage scale, schedule of hours and conditions of employment affecting members of the bargaining unit. The purpose of this Agreement is to set forth the full and complete Agreement between the parties on matters relating to employment relations. ARTICLE I – RECOGNITION 1.1 Recognition. The City recognizes the Union as the sole and exclusive bargaining agent for all employees in the bargaining unit for the purpose of establishing hours, wages and conditions of employment which constitute "employment relations" as defined by Oregon Law. For the purpose of this Agreement, an "employee" shall be any employee in the bargaining unit established by the Oregon Employment Relations Board and as defined in 1.2 below. 1.2 Bargaining Unit Classifications. The bargaining unit covers the classifications of Corporal, Police Officer, Community Services Officer, and Police Support Specialist. 1.3 Exclusions. Managerial, supervisory, FLSA exempt, Temporary, and Part‐time without Benefits employees shall be specifically excluded from the bargaining unit. For the purpose of this Agreement, a temporary employee shall be defined as an employee hired for a work assignment lasting 180 calendar days or less in any 12 month period, or for a work assignment for which the specific purpose is to fill a temporary vacancy created by a regular bargaining unit employee who is on approved leave, as provided for in this Agreement, lasting more than 180 calendar days but not to exceed 12 months. A “part‐time without benefits” employee shall be defined as an employee scheduled to work less than 80 hours in a calendar month, regardless of the duration of the assignment. 1.4 New Classifications. If a new classification is added to the bargaining unit, the Union shall be provided with the written job description thereof and the City's proposed rate of pay. That rate shall become permanent unless the Union files a written notice of its desire to negotiate the permanent rate within ten (10) calendar days from the date it receives its notification of the classification. If a request for negotiations is filed by the Union, the parties shall begin negotiations within fifteen (15) calendar days. CAP060916 Page 27 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 2 ARTICLE II ‐ MANAGEMENT RIGHTS 2.1 Management Rights. The City retains all the customary, usual and exclusive rights, decision‐making prerogatives, functions and authority connected with or in any way incident to its responsibility to manage the affairs of the City or any part of it. The rights of employees in the bargaining unit and the Union are limited to those specifically set forth in the Agreement; and the City retains all prerogatives, functions and rights not specifically limited by the terms of this Agreement. The City shall have no obligation to bargain with the Union with respect to any such subject or the exercise of its discretion and decision‐making with regard thereto any subjects covered by the Terms of this Agreement and closed to further bargaining for the terms hereof, and any subject matter which was or might have been raised in the course of collective bargaining. The exercise of any management prerogative, function or right which is not specifically modified by this Agreement is not subject to the grievance procedure or to bargaining during the term of this Agreement. Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the City shall include the following: a. To direct and supervise all operations, functions and policies of the Department and the operations, functions and policies of the remainder of the City as they may affect employees in the bargaining unit. b. To close or liquidate an office, branch, department, operation or facilities, or combine facilities, or to relocate, reorganize, or combine the work of divisions, offices, branches, departments, operations, or facilities for budgetary or other reasons. c. To determine the need for and method of a reduction or an increase in the work force and the implementation of any decision with regard thereto. d. To establish, revise and implement standards for hiring, classification, promotion, evaluation, quality of work, safety, materials, equipment, uniforms, appearance, methods and procedures. It is jointly recognized that the City must retain broad authority to fulfill and implement its responsibilities and may do so by work rule, existing or future, oral or written. e. To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. f. To assign and distribute work. g. To assign shifts, workdays, hours of work, overtime and work locations. h. To designate and to assign all work duties. i. To introduce new and revise existing duties within the unit. j. To determine the need for and the qualifications of new employees, transfers and promotions. k. To determine the need for additional educational courses, training programs, on‐the‐job training, and cross‐training and to assign employees to such duties for periods to be determined by the City. CAP060916 Page 28 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 3 ARTICLE III ‐ MAINTENANCE OF STANDARDS 3.1 Maintenance of Standards. All rights, privileges and working conditions enjoyed by members at the time of this Agreement, have been codified and included in this Agreement. Any such privileges or working conditions not codified in this Agreement but which constitute employment relations as defined in ORS 243.650 (7), shall remain unchanged and unaffected during the term of this Agreement except that such conditions and/or privileges may be changed with advance notice to the Union. ARTICLE IV ‐ UNION SECURITY 4.1 Checkoff. Any employee who is a member of the Union or who has applied for membership shall sign and deliver to the Union, who shall forward to the City, an original assignment authorizing deductions of dues for membership in the Union. Such authorization shall continue in effect from year to year unless revoked or changed in writing. Pursuant to each authorization, the City shall deduct such dues and initiation fees from the employee’s pay check(s) each month. The amounts deducted shall be transmitted to the Union no later than the last day of the month in which the amounts are deducted. It shall be the responsibility of the Union to notify Payroll of the correct amount of dues to be deducted. 4.2 Fair Share. Employees who are not members of the Union shall make payments in lieu of dues to the Union. Such payments shall be in the same amounts as provided for regular Union dues. This section shall be referred to as the "Fair Share" Agreement and the City shall deduct from the first pay check of each employee, each month, the payments for regular dues or payments in lieu of dues and shall remit the same to the Union within ten (10) days after the deduction is made. 4.3 Religious Objection. An employee who is a member of a church or a religious body having bona fide religious tenets or teachings which prohibit association with a labor organization or the payment of dues or payment in lieu of dues to a labor organization, shall pay an amount of money equivalent to regular Union dues, to a non‐religious charity or other charitable organization mutually agreed upon by the affected employee and the Union. The City shall deduct from the first pay check of the employee, each month, the payments to such charitable organization and remit the same to the charitable organization within ten (10) days after the deduction is made. Upon request, the City shall supply proof to the Union, each month, that this has been done. 4.4 Hold Harmless. The Union agrees to indemnify and hold harmless the City and its agents for any loss or damage arising from the deductions in 4.1, 4.2 and 4.3. No claims shall be filed by employees or the Union for such deductions made or not made. 4.5 New Hires. The City agrees to provide the Union written notification of new bargaining unit members within one (1) calendar month of their date of employment. Such written notice shall be sent to the official Union address that has been provided to the City Human Resources Director. Such written notice shall contain the employee's name, job title, date of hire, and the mailing address provided by the employee. 4.6 Bulletin Board. The City agrees to allow suitable wall space at a mutually agreed upon place in the Police Department, not to exceed 2' X 3', for a bulletin board, to be used by the Union for the posting of notices and bulletins relating to the Union. The Union shall limit its posting of Union notices. Such notices shall bear the signature of the authorizing Union official. The bulletin board shall be used only for the CAP060916 Page 29 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 4 following Union notices and bulletins: a. Recreation and social affairs of the Union b. Union meetings c. Union elections d. Reports e. Rulings or policies of the Union f. Non‐derogatory communications from the Union to the bargaining unit Any notices posted outside these guidelines may be ordered removed by the City. 4.7 Right of Access. Upon request, the Union Representative (Teamsters Business Agent) may be granted access to non‐working areas to meet with off‐duty members of the bargaining unit. 4.8 City Facilities. The Union will be accorded the use of City facilities for bargaining unit meetings in accordance with City policy for other special interest groups. ARTICLE V ‐ UNION BUSINESS 5.1 Union Business. Union business, except for the filing of grievances, shall be conducted during non‐ work hours. Work time spent on a grievance by the grievant shall not be unreasonable, as determined by the City. If the City requests a grievant's representative to meet on a pending grievance while the grievant's representative is on duty, the grievant's representative shall not suffer a reduction in regular compensation, nor be entitled to overtime for any time spent in such meeting. In addition, the City agrees to allow a Union steward time off without pay for the purpose of handling, investigating and processing grievances. A maximum aggregate of two hours total per month for grievance representation will be allowed. The City's approval must be obtained before taking time off, but such approval will not be unreasonably withheld. 5.2 Union Representation. The Union shall at all times keep the City informed, in writing, of the names of its current local officers, stewards, and negotiators. Such written notice shall be provided to the City and updated as necessary. 5.3 Collective Bargaining. Collective bargaining between the City and the Union shall be scheduled at mutually agreed upon times, generally during normal business hours (M‐F 8‐5), provided that such times do not unnecessarily interfere with professional duties. Upon advance request, the City will grant time off without loss of pay for not more than three (3) employees to engage in collective bargaining. It is agreed that time spent by Union members in actual bargaining shall not result in a loss of pay, nor shall Union bargaining team members receive any additional compensation directly from the City if the bargaining meetings are conducted outside of the Union member’s regularly scheduled work hours. ARTICLE VI ‐ NON‐DISCRIMINATION 6.1 Gender. All references to employees in this Agreement designate both sexes, and, while every attempt has been made to include generic pronouns or both genders, whenever either the male or female gender is used, it shall be construed to include both male and female employees. CAP060916 Page 30 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 5 6.2 Application of Agreement. The provisions of the Agreement shall be applied to all employees in the bargaining unit without discrimination as to marital status, sex, race, color, creed, national origin, age, religion, any other protected status, union affiliation or political affiliation. ARTICLE VII ‐ PERSONNEL FILE 7.1 Maintenance of Personnel Files. The City agrees to separately maintain personnel and confidential/medical files and records in accordance with state and federal laws. The City agrees to maintain confidential medical information in accordance with the Americans with Disabilities Act (ADA) and Health Insurance Portability and Accountability Act (HIPAA) and agrees to maintain any other confidential information as required by any other statute requiring maintenance of confidential information. 7.2 Disclosure of Information. Excluding internal personnel administration, material in an employee’s personnel file shall only be disclosed as allowed or required by state and federal law or as authorized by the employee. 7.3 Viewing of Files. Each employee shall have the right, upon request, to review and obtain, at his/her own expense, copies of the contents of his/her personnel file, exclusive of materials received prior to the date of employment with the City. 7.4 Representation. A representative chosen by the employee may, upon the employee’s written authorization, review an employee’s personnel file and/or accompany the employee in this review. 7.5 Employee Signature and Response. Each employee shall have the opportunity to read any written material of a derogatory nature that is placed in his/her personnel file. Disciplinary notices, performance appraisals, or other similar material that, once included in the employee’s personnel file, is likely to have an adverse effect on an employee’s reputation or employment status shall be acknowledged, signed and dated by the employee within 14 calendar days of the employee receiving the document. All materials addressed in this Section and requiring the employee’s signature shall bear a statement stating, in effect, that signing acknowledges receipt of the document but does not necessarily indicate agreement. For 30 calendar days after the employee has signed acknowledging receipt of the document(s), the employee reserves the right to include in the file a written response to such material, and this response shall be attached to the material in question and become a part of the employee’s file. If an employee refuses to acknowledge the document by signing as instructed, the City shall make a note on the document to the effect that the employee refused to sign and place the document in the personnel file. By refusing to acknowledge receipt of the document, the employee shall waive any right to provide a written response or request the document be removed in the future pursuant to 7.6. 7.6 Adding and Removing Documents. Except as otherwise waived in 7.5, an employee shall have the right to include in their personnel file any material or information considered relevant to that employee’s employment with the City. Employees may request that written reprimands over two years old be removed from their file. Such request must be made, in writing, to the Chief and shall include the specific document(s) the employee is requesting be removed, and the reason(s) why the employee believes the document(s) should be removed. The Chief shall investigate and respond to such requests. Written reprimands shall not be removed from the employee's CAP060916 Page 31 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 6 personnel file if less than two full years has not passed since the acknowledgement date on the document, other disciplinary action displaying an ongoing pattern of behavior has been imposed during that period, or the reprimand is for an act of workplace violence, harassment, or discrimination. Any documents removed pursuant to this section shall be retained in a separate file, if necessary, to comply with records retention requirements under ORS 166‐200‐0090. ARTICLE VIII ‐ PROBATION 8.1 Probationary Period. Every new employee hired into the bargaining unit shall serve a probationary period. Sworn employees shall serve a probationary period that starts the date of hire and extends for 12 months beyond successful completion of the Department’s field training program. Non‐sworn employees shall serve a probationary period of twelve (12) months from the date of hire. The Union recognizes the right of the City to terminate probationary employees for any reason. 8.2 Promotional Probationary Period. Employees promoted to a higher classification within the bargaining unit shall serve a promotional probationary period of twelve (12) months. The Union recognizes the right of the City to demote an employee on promotional probationary status to his/her previous position. Demotion of an employee on promotional probationary status shall not be subject to the grievance procedure and such demotion shall not be considered a disciplinary action. An employee demoted during a promotional probationary period shall be placed on the pay scale at the classification and step the employee was at prior to the promotion, except that any length of service increases the employee would have received had they not been promoted shall be granted to the employee on return to their previous position. 8.3 Scheduling of Probationary Employees. Employees serving a probationary or promotional probationary period may be assigned shifts, starting times and days off at the discretion of the City. Scheduling of promotional probationary employees, at the City’s discretion, shall be limited to the first six months of the promotional probationary period. ARTICLE IX‐ SENIORITY 9.1 Definition. Only regular, non ‐probationary employees shall have seniority. Seniority shall be attained after completion of the probationary period as set forth in 8.1 and shall thereafter be established as follows: the employee's length of continuous service in the employee's job classification shall be referred to as “job classification seniority” and continuous service from the last date of hire within the bargaining unit shall be referred to as “bargaining unit seniority.” All seniority shall be terminated if the employee: 1. Quits 2. Is discharged 3. Is laid off and fails to respond to written notice as provided in Section 10.2 4. Is laid off for a period of time greater than twenty four (24) months, or a period of time equal to his/her bargaining unit seniority, whichever is shorter 5. Accepts a position outside of the bargaining unit, except as provided for in Section 9.4 6. Fails to report to work at the termination of an extended leave of absence 7. While on leave of absence accepts employment without permission 8. Is retired CAP060916 Page 32 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 7 9.2 Seniority List. The City will provide to the Union updated seniority lists upon request. One list shall be “bargaining unit seniority” and include all bargaining unit members by date of hire and one list shall be “job classification seniority” and include all bargaining unit members by position by date of hire into their current position. 9.3 Application. Seniority shall apply in layoff and recall, shift bidding, and vacation. Application in layoff and recall, and shift bidding will be as follows. Vacation request bidding shall be subject to Section 17.3. 9.3.1 Layoff and Recall. If employees in the same classification are being considered for layoff or recall, job classification seniority shall govern. Probationary employees are not eligible for layoff status and will be released from employment before non‐probationary bargaining unit employees are considered for layoff. Employees in higher classifications may bump down into a lower job classification within the same bargaining unit based upon their total bargaining unit seniority. Employees who have received notice of layoff shall have the right to bump to a lower or lateral classification in the same bargaining unit, provided that the bumping employee possesses the necessary qualifications, knowledge, skill and ability to perform the work within the classification. An employee exercising the right to bump shall displace the employee in the classification with the least amount of bargaining unit seniority. Employees who bump into a lower classification shall suffer no loss of pay until the beginning of the next pay period, at which time their pay rate shall be adjusted to the step in the new classification range closest to, but not more than, their former pay rate. Employees returning to the bargaining unit following recall from layoff shall have vacation selection determined on the basis of total bargaining unit seniority for the first calendar year following their return. Thereafter, vacation selection shall be determined on the basis of job classification seniority. 9.3.2 Shift Bidding. Shift selection shall be by job classification seniority. To the extent possible, shift bidding will occur in the month of November for three (3) four‐month rotations during the following calendar year. 9.4 Seniority Grace Period. If an employee takes a position with the City outside of the bargaining unit, and has a minimum of two years of service in the bargaining unit, that employee’s seniority, for the purposes of shift bidding and vacation selection only, will be reinstated upon a subsequent return to the bargaining unit except that, for each month spent outside the bargaining unit, one month will be deducted from the employee’s previously‐earned seniority. This provision shall only apply to employees who remain continuously employed by the City. CAP060916 Page 33 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 8 ARTICLE X ‐ LAYOFF AND RECALL 10.1 Eligibility for Layoff Status. Only regular employees who have completed their probationary period shall be eligible for layoff status. Probationary employees shall not be eligible for Layoff and Recall and will be released prior to non‐probationary employees. Layoff status shall last a maximum of twenty‐four (24) months from the date of layoff. 10.2 Recall From Layoff. Notice to an employee of recall shall be made by certified mail sent to the last mailing address provided to the City by the employee. The employee shall have thirty (30) calendar days to return to work from the date of receipt of mail notifying the employee of recall from layoff status, or the employee will forfeit all seniority and his/her layoff status. ARTICLE XI ‐ HOURS OF WORK AND OVERTIME 11.1 Work Week. The work week shall consist of a seven day work schedule with five consecutive 8‐hour days followed by two consecutive days off, or, at the discretion of the City, four consecutive 10‐hour days followed by three consecutive days off. The seven (7) day work schedule will begin at the start of the employee’s first day of work and end 168 hours later. 11.2 Workday. The workday shall consist of an 8‐hour day or a 10‐hour day within a 24‐hour period including rest breaks, briefing and training periods. The 24‐hour period will begin at the start of the employee’s workday and end 24 hours later. Employees shall not be scheduled to work with less than 8 hours between shifts unless an emergency exists. 11.3 Other Work Schedules. The Union and the City may, by mutual agreement, employ any other work schedule, either temporarily or permanently, which may be adopted for the entire Police Department, or any job classification within. Such schedule may involve adoption of a “7k exemption.” 11.4 Schedule Changes. Notwithstanding 8.3 and 9.3.2, substantive changes to the work schedule shall require 60 days advance notice. To the extent possible, employees shall be given at least seven calendar days’ advance notice of any temporary changes to the work schedule, work shift, starting time, or scheduled days off. Probationary employees may be assigned work shifts, work schedules, starting times and days off at the discretion of the City. Employees who are assigned to light duty or placed on administrative leave may, with reasonable notice, be placed on an alternative work schedule at the discretion of the city. 11.5 Work Shift. Each employee shall be scheduled to work on a regular shift, and each employee shall have regular starting and quitting times that are the same each workday. 11.5.1 Shift Trades. Non‐probationary employees may agree in writing, solely at their option and with the approval of the City, to substitute for one another during scheduled work hours in performance of work in the same capacity. The City shall have no obligation to keep a record of the hours of substitute work nor ensure that the trade is reciprocated. The hours shall be excluded by the City in the calculation of the hours for which the substituting employee would otherwise be entitled CAP060916 Page 34 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 9 to overtime compensation. Each employee will be credited as if that employee worked his normal work schedule for that shift. 11.6 Overtime. All overtime must be approved in advance. In no case will the employee be compensated twice for the same hours. 11.6.1 Non‐Sworn Positions. Overtime shall be paid to non‐sworn bargaining unit members for all hours worked in excess of 40 hours during the basic workweek, working on a regular day off, or in excess of a regular scheduled workday as defined in 11.1 and 11.2. 11.6.2 Sworn Positions. Sworn employees shall receive overtime compensation when required to work in excess of the normal workday, working a scheduled day off, except when the work on a scheduled day off is the result of an employee‐requested shift trade, or working more than the allowable hours in a work period under the FLSA “7k exemption” (i.e., more than 86 hours in a 14‐day work period or 171 hours in a 28‐day work period). Overtime shall be paid at a rate of one and one half times the employee’s pay rate in accordance with applicable state and federal laws. 11.7 Compensatory Time. An employee may elect to receive compensatory time (comp‐time) in lieu of overtime pay as the form of compensation for any overtime worked, provided the employee has not reached the maximum accrual amount. Comp‐time shall accrue at a rate of one and one half times the overtime hours actually worked, to a maximum comp‐time accrual of 80 hours. Accrual balances shall reflect the number of hours available to the employee. At the City's option, at the end of the fiscal year, or prior to an employee changing job classifications, comp‐time balances may be paid off, at the employee’s straight‐time hourly rate. Comp‐time shall be taken off at times mutually agreed upon, subject to the operating needs of the department, and scheduled off in the same manner as vacation and holiday time. 11.8 Call Back. Employees called back to work, or for scheduled Court time, shall receive overtime pay for the time for which they are called back. If called back, the employee shall be credited with not less than two (2) hours on a scheduled work day and four (4) hours on a scheduled day off. Call back time resulting in overtime as defined in Article 11.6 shall be compensated at time and one‐half and may be compensated as overtime pay or comp‐time in lieu of overtime pay. This section does not apply to scheduled overtime, or time annexed at the beginning or end of the work shift. If, at the end of the shift, an employee has departed the City's premises for less than one hour before being called back, the time shall be considered hold over time, and shall be compensated as overtime in accordance with Article 11.6 and 11.7, but not considered call back time. 11.9 Court Scheduled Between Night Shifts. In the event a sworn police officer who is scheduled to work two consecutive night shifts actually worked the first night shift and is subpoenaed to be in court for work‐ related reasons between the end of the first night shift and the start of the second night shift, the following shall occur: a. If the total hours actually spent in court are less than 6, or the officer uses paid leave to take the second night shift off, the time actually spent in court will be computed as overtime per section 11.6. b. If the total hours actually spent in court are 6 or more, the employee will be given the scheduled night shift immediately following the court appearance off. The employee will not receive additional CAP060916 Page 35 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 10 pay for the hours worked between the night shifts, but will be paid as if s/he worked their regularly scheduled second night shift. 11.10 Rest Periods. 11.10.1 Non‐Sworn Positions. A paid rest period of 15 minutes shall be permitted for non‐sworn personnel during each half shift (one break for each four‐hour segment) which shall be scheduled by the City in accordance with the operating requirements of each employee's duties, and needs of the City. Employees may, with supervisor approval, schedule their rest periods consecutively with their meal period. 11.10.2 Sworn Positions. Sworn police officers working an 8 or 10 hour work schedule shall be permitted a paid rest period of 15 minutes during each four‐hour segment of their work shift, to the extent consistent with public safety considerations and the operational requirements of the City. 11.11 Meal Periods. 11.11.1 Non‐sworn positions. All non‐sworn employees shall be granted an unpaid meal period of at least 30 minutes during each work shift of more than 6 consecutive hours. To the extent consistent with the operational requirements of the City, each meal period shall be scheduled in the middle of the employee's work shift, or as near thereto as possible. Meal periods cannot be taken at the beginning or end of a work day to shorten the workday. 11.11.2 Sworn Positions. Sworn Police officers shall be permitted a paid 30‐minute meal period during each scheduled work shift. Sworn employees shall be required to be available to respond to emergency calls for service during their paid meal break; however, to the extent possible, every attempt shall be made to allow an uninterrupted meal break. 11.12 Detective On‐Call. Sworn police officers assigned as detectives may be required to respond to after‐ hours calls. An on call list shall be established to schedule these officers for on call status. The on call rotation schedule shall be designed such that each detective shall be designated as the on call detective for one‐half (½) month. The on call detective shall be required to carry a cell phone during non‐work hours for the duration of on call status for the purpose of being called to work during such non work times. The on call detective shall be required to remain within a 30‐minute response time to the Central Point Police Department and shall remain intoxicant‐free for the duration of the on call period. Detectives assigned on call status shall be allowed to trade on call assignments with prior approval of the Operations Commander. It is the responsibility of the detectives to ensure that the necessary personnel are made aware of any changes to the on call schedule. In the event the scheduled on call detective is unable to respond to call outs for any reason, the detective shall be required to notify the Operations Commander in order to be relieved of on call duty. In the event that no detective is available to be on call, the City may, in its sole discretion, direct a member of the police command staff to be on call. 11.12.1 On‐Call Compensation. An employee required to respond to an after‐hours callout while on call shall be compensated in accordance with Article 11.8, Call Back. In addition to any compensation for actual hours worked in response to calls while on call, an employee shall receive $300.00 for each one‐half (½) month rotation of on call status. At the employee’s option, and provided the employee is CAP060916 Page 36 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 11 not at or near the maximum accrual of comp‐time, vacation and/or holiday bank hours, the employee may elect to receive 10 hours of time off in lieu of on‐call pay. It shall be the responsibility of the on call detectives to trade or adjust shifts as necessary. No adjustment to compensation shall be made for such adjustments. An employee who is receiving on‐call compensation under Section 11.12 above prior to ratification of this agreement shall receive on‐call compensation at a rate of their hourly pay rate times 10 hours for each ½ month of on call rotation. ARTICLE XII – COMPENSATION 12.1 Pay Schedule. Appendix A, attached hereto, and by this reference incorporated into and made part of this Agreement, shall become the effective pay schedule as indicated thereon through June 30, 2016. 12.1.1 Base Pay. Base pay shall refer to the dollar amount referenced on the pay schedule. 12.1.2 Pay Rate. Pay rate shall refer to the base pay plus any incentives or assignment pay. 12.2 Pay Periods. Employees shall be paid on the regularly established pay dates which occurs two times each month. Pay days shall be the last working day prior to the established pay dates, when those days fall on a weekend or holiday. Additional pay such as vacation/holiday sellbacks will be included in the regular paycheck. 12.3 Steps. The letters A, B, C, D, E, F denote the steps in the pay range. The entrance step shall be A, except by special approval of the City Manager. Advancement to Step B shall be made upon successful completion of twelve (12) months of the probationary period. Thereafter, eligibility for advancement to a higher step shall require the completion of one year of service in the lower step of the range, AND written recommendation and authorization from the Chief. 12.3.1 Step G. Effective September 1, 2018, the pay scale in Appendix A will be revised to add a Step G. The amount designated for Step G shall be 5% more than Step F. Employees who have been at Step F for at least one year shall move to Step G on September 1, 2018 upon written recommendation and authorization from the Chief. Thereafter, eligibility for advancement to Step G shall require the completion of one year of service at Step F and written recommendation and authorization of the Chief. Effective September 1, 2018, employees at Step A will be moved to Step B and will be eligible for the next step increase on September 1, 2019 per 12.3 Steps. Step A will be removed from the grade. The Steps will be renamed, so that the salary schedule will shift from Step B through Step G, to Step A through Step F, i.e. Step B will become Step A, Step C will become Step B, etc. Employees will remain at the step reflective of their wage, but the step itself will be “renamed.” There will be no loss of pay to any employee due to the change in step names. An employee shall not be eligible for Step G pay as a result of a change in job classification in 12.4, however, if the job change results in a move to Step F in the new classification, the employee will be eligible for Step G, upon recommendation of the Chief, after one year in the new classification. CAP060916 Page 37 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 12 12.4 Changes in Position and/or Grade. When an employee changes classification resulting in a move to a higher or lower grade, changes in pay shall be as follows: 12.4.1 Change to a Higher Grade. When an employee moves to a job classification in a higher grade, the employee shall be placed in the new grade at the step closest to, but not less than the employee’s previous step. If this results in a move that is less than 5% more than the employee’s previous step, the employee shall be moved one additional step. Example: Employee X moves from Grade 145a Step B to Grade 150. Employee X would be placed at Grade 150 Step B because although Grade 150 Step A is more than Grade 145a Step B, it is less than 5% more. 12.4.2 Change to a Lower Grade. a. Change Due to Employer‐Driven Reasons: When an employee’s job classification changes to a lower grade due to an employer‐driven reason such as reorganization or restructuring of the position, the employee shall be placed in the new grade at the step closest to, but not more than, the employee’s previous step’s amount, and “frozen” at their pay rate at the time of the change until such time as the pay scale amount “catches up to” the “frozen” pay rate. If, after two years, if the pay scale amount has not “caught up to” the “frozen” pay rate, the City may adjust the employee’s pay down to the base pay on the current pay scale commensurate with the employee’s position and then add any incentive or assignment pay to set the new pay rate. b. Change Due to Employee‐Driven or Employee‐Related Reasons: When an employee’s job classification changes to a lower grade due to an employee‐driven or employee‐related reason such as: transfer at the request of the employee; transfer as a reasonable accommodation under the ADA; disciplinary demotion (for conduct or performance reasons); restructuring of a job in conjunction with performance management efforts (i.e., removal of substantive job duties to accommodate or adjust for an employee’s deficiencies or limited capabilities); a job transfer based on poor performance or discipline; or demotion resulting from failure to achieve a transfer or promotion if the option of remaining in the current position is not available, the employee’s base pay shall be set at the new grade at the step closest to, but not more than, the employee’s previous step’s amount. Any incentives or assignment pay shall be added to the new base pay and the employee’s pay rate shall be adjusted to the lower rate on the first day of the first full pay period following the effective date of the job change. Section 12.4, 12.4.1 and 12.4.2(a) and (b) shall not apply to bargaining unit employees who were “frozen” prior to July 1, 2013. Employees who were “frozen” as of July 1, 2013 shall remain “frozen” at their pay rate in effect on June 30, 2013, and shall remain “frozen” at that pay rate until such time as they change to a different position, or placement on the current, effective pay scale would result in an increase over the “frozen” pay amount. 12.5 PERS Contribution. The City will continue to participate in the Oregon Public Employees Retirement System (PERS) or its successor as determined by the State of Oregon for the life of this Agreement. The employee’s six percent (6%) contribution shall be paid by the City. If the employee’s contribution increases during the life of this Agreement, the parties agree to reopen this Section of the Agreement and bargain the change. CAP060916 Page 38 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 13 12.6 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions, in the deferred compensation program offered through the City. ARTICLE XIII ‐ INCENTIVE PAY 13.1 DPSST Certification. Sworn bargaining unit employees shall be eligible for incentive pay for DPSST certification. DPSST Certification incentive pay shall be paid as a dollar amount added to the base pay with $145 per month additional pay for a DPSST Intermediate Certificate. This incentive shall be increased to a total of $290 per month additional pay for a DPSST Advanced Certificate. Certification incentive pay shall be paid at one level or the other, not a combination of both. Certifications will be effective as of the date on the printed certificate, or on the date the certificate is received in Human Resources if the date on the certificate is prior to eligibility for certification or more than 30 days separates the date on the certificate and the date received in HR. Certification pay shall begin on the first day of the first full pay period following the effective date of the certification. 13.2 Educational Incentive. Bargaining unit employees shall receive additional compensation added to the base pay for college degrees earned from a regionally accredited institution, as specified in the table below. An official transcript verifying the degree must be provided before educational incentive pay will be granted. Incentive pay for education shall be limited to possession of the degree. Education incentive shall be paid for only one degree at any given time, regardless of how many degrees an employee possesses. Payment for possession of such degree shall begin on the first day of the first full pay period following the date the degree was conferred as specified on the official transcript, or the date the official transcript is received in Human Resources if the date on the transcript is prior to eligibility for degree pay or more than 60 days separates the date on the transcript and the date received in HR. Associate’s Degree $150 per month Bachelor’s Degree $300 per month Master’s Degree $450 per month 13.3 Bilingual/Sign Language Pay. Employees who are determined to be fluent in speaking Spanish or competent in sign language, as certified by an instructor approved by the City, shall receive an additional $150 per month added to the base pay. Employees qualifying for bilingual/sign language pay must provide certification to Human Resources annually, in writing, in order to continue receiving the incentive. Failure to provide written certification prior to the expiration of one year from the date of initial certification shall result in forfeiture of the incentive until such certification is provided. If certification is provided following a lapse in time, the incentive shall resume on the next paycheck after receipt of certification, provided such certification is received prior to the last working day of the pay period prior to the next pay date. 13.4 Calculation of Incentive Pay. Certification, education, and bilingual incentive pay shall be added to the employee’s base pay. Incentive pay shall be added to the base prior to assignment pay being calculated. For example, if an employee receives incentive pay for Intermediate certification and assignment pay for field training officer, the employee’s base pay would be increased by the appropriate amount for incentive pay and then multiplied by the appropriate assignment pay multiplier. CAP060916 Page 39 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 14 ARTICLE XIV – SPECIAL ASSIGNMENTS and COLLATERAL DUTIES 14.1 Special Assignments. Special assignments are formed as required to meet the evolving operational objectives of the department, and to advance professional growth through a diversity of assignments. The participation of department personnel in special assignments shall be based on demonstrated ability and suitability as measured by past and ongoing performance evaluations and needs of the department, with the fundamental objective being to select and retain the most capable personnel for these positions. Special assignments are not tenured and all discretionary management rights as defined in this Agreement shall apply. Special assignments and collateral duties may include, but are not limited to nor required to be established: Detective, School Resource Officer (SRO), Bike Team officer, DARE officer, Range Master, Survival Skills Instructor, Volunteer Advisor, Explorer Advisor, and Field Training Officer. These are special duty assignments, not separate positions within the bargaining unit. Additional compensation for special assignments and collateral duties shall be as set forth in this article, and limited to only the assignments and collateral duties specified below. 14.2 Detective. Police officers assigned to the role of detective shall have five percent (5%) added to their pay rate for the duration of the assignment. 14.3 School Resource Officer. Police officers assigned to the role of school resource officer shall have five percent (5%) added to their pay rate for the duration of the assignment. 14.4 Field Training Officer. Police officers, including those assigned to Detective or School Resource Officer, expressly assigned by the city as a Field Training Officer shall receive an additional five percent (5%) on their pay rate for all hours actually served in the full capacity as a Field Training Officer. FTO assignment pay shall not be granted for less than 30 minute intervals. In no event shall an employee receive FTO pay during any period in which no trainee is assigned to that officer, nor shall more than one officer receive FTO pay for training the same trainee at any given time. It is understood that the Field Training Officer responsibility is incorporated within the job duties of Corporal and, therefore, this Section does not apply to Corporals. 14.5 Acting in Capacity. When a bargaining unit employee serves in the capacity of another employee on a short‐term basis, the employee shall be deemed as “Acting in Capacity” and paid as follows: 14.5.1 Officer in Charge. For every hour or portion thereof, but in not less than quarter‐hour segments, when a police officer serves in the capacity of Officer in Charge in the absence of the duty Lieutenant or Corporal, and with the express authorization of the Chief of Police, Captain, or authorized designee thereof, the officer shall receive five percent (5%) additional compensation on their pay rate for such time as s/he actually serves as the Officer in Charge. The pay rate shall be calculated as follows: the (acting) officer’s hourly base pay according to the current pay scale, plus any incentive pay, plus any assignment pay multipliers, multiplied by five percent (5%). This section does not apply to Corporals. 14.5.2 Interim Status. When a bargaining unit employee fully takes on the duties of another employee in place of their own job duties for a period of time in excess of one (1) work week, that employee shall be compensated at the pay grade of the interim position, placed at the lowest step in that grade that is not less than five percent (5%) more than the employee’s current grade and step. CAP060916 Page 40 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 15 14.6 Calculation of Assignment Pay. Assignment Pay as set forth in this section shall be added to the employee’s base pay after any incentive pay is added. For example, if an employee receives incentive pay and assignment pay, the employee’s base pay would be increased by the appropriate amount for incentive pay and then multiplied by the appropriate assignment pay multiplier. Assignment pay shall normally not compound or pyramid except that an employee assigned as a Detective or SRO may receive other assignment pay if the assignment occurs concurrently with the assignment as Detective or SRO. ARTICLE XV ‐ UNIFORMS 15.1 Uniforms. Uniforms and other protective clothing or safety wear, including duty belts and associated equipment, and weapons required for a police officer by law or by the City or required for other bargaining unit members by law or by the City, shall be provided by the City. Each Police Officer and Community Service Officer shall receive reimbursement of up to $400, for the duration of this contract, to purchase and maintain approved footwear. Employee may use their P‐Card or seek reimbursement for footwear expenses. Each Police Support Specialist shall receive a one‐time $300 uniform payment, for the duration of this contract, to purchase uniform slacks and footwear. Payments/reimbursements will be prorated for new employees. Employees thus provided shall wear such uniforms, protective clothing, equipment, and safety wear in the manner required by law or by the City. No employee shall wear or use any such uniform, footwear, protective clothing or safety wear provided by the City save and except on the job. 15.2 Uniform Cleaning. Uniform cleaning will be provided by the City in a manner such that employees shall have sufficiently clean uniform clothing to wear, normally one uniform per work week. It is the responsibility of the employee to submit uniforms for cleaning as necessary, and to maintain footwear, duty belts and associated equipment, and weapons in a safe and professional manner in accordance with department standards. Employees are expected to display a clean, neat, and professional appearance. This Section applies only to City‐issued uniforms or approved clothing for plain clothes officers referenced in 15.3. 15.3 Clothing Allowance. Sworn bargaining unit employees assigned to plain‐clothes detective duty shall receive reimbursement for up to $750 upon initial assignment to plain‐clothes duty. For each subsequent year of plain clothes duty assignment, the employee shall receive up to $600 per year for a clothing allowance. The clothing allowance shall be paid upon presentation of receipts for approved clothing. In the event the plain‐ clothes assignment is expected to last less than one full year, the amount of the clothing allowance shall be prorated. Clothing must be appropriate for the assignment and meet Department standards. The uniform cleaning provision in 15.2 shall apply to applicable duty‐related clothing of employees covered by this section of the Agreement but shall not include items that can be cleaned using a household clothes washer. Cleaning under this section shall be limited to applicable clothing that needs cleaned because of work‐related use, and shall not be excessive. CAP060916 Page 41 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 16 ARTICLE XVI ‐ EXPENSE REIMBURSEMENT 16.1 Educational Reimbursement. The City will reimburse an employee for 50% of tuition paid by the employee for college courses provided that: a. Funds for such expenditures are considered by the Chief to be available in the current budget; b. The employee has made written application for approval of the course and tuition reimbursement to the department head at least ten (10) days prior to the registration for such course and the request is approved, in advance, by the Chief; c. The employee does not receive reimbursement for tuition from any other source; d. The course is through a regionally accredited institution of higher education; e. The coursework and course attendance are conducted outside the employee's regular working hours; f. The employee submits evidence of satisfactory completion of the course with a C or better passing grade. 16.2 Travel Expenses. When an employee is required or otherwise authorized to travel outside the County on City business, reimbursement for expenses incurred shall be determined in accordance with City policy except as follows. a. Prior to traveling outside the City, the employee shall obtain approval for the trip and the mode of travel from the department head. b. Travel on official business outside the City by a single individual shall normally be via public carrier or City‐owned vehicle. If the employee is authorized to use a private vehicle, mileage shall be paid at the current IRS rate. This rate is all inclusive and covers all travel expenses including vehicle, fuel, parking, insurance and maintenance expenses of the vehicle. c. If more than one City employee is traveling to the same location, the most economical mode of travel should be used, including ride sharing and vehicle rental. 16.2.1 Meals. Payment of meals eaten while on official trips shall be limited to the amount of actual and reasonable expense incurred during the performance of duty as a City employee for the City’s benefit. Authorized meals during approved travel shall be purchased using the City‐issued purchasing card whenever possible. The following rates will be considered maximum amounts for travel expenses unless specifically authorized by the Department Head: Breakfast $10.00 Lunch $13.00 Dinner $21.00 The total allowable amount for three meals in any one day will be $44.00. If an employee’s approved travel involves more than one meal due to the actual length of the trip, the employee can spend up to the authorized combined total amount for those meals, at their discretion, as long as the total expense for the allowable meals does not exceed the aggregate amount allowed for those meals. Meals included in the cost of lodging (i.e., breakfast), or included in the cost of event registration, shall not be compensated for twice. Employees electing to not participate in such included meals CAP060916 Page 42 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 17 shall be personally responsible for any additional meal expenses. Snacks or “coffee breaks” in addition to meals are not normally considered meals under this section. 16.2.2 Lodging. Employees traveling in accordance with this Section shall be approved for reasonable actual costs for lodging. 16.2.3 Use of Purchasing Card. Employees shall use their city‐issued purchasing card to pay for approved travel expenses including lodging, airfare or rental vehicle, and authorized meals. Itemized receipts accounting for all purchasing card transactions shall be submitted in a timely manner. 16.3 Fitness. The City will reimburse employees up to twenty‐five dollars ($25.00) per month toward membership in a recognized fitness club. Employees will be reimbursed through payroll provided they submit itemized receipts for club membership within 6 months. 16.4 Taxation. All reimbursements are subject to being taxed in accordance with IRS code. If an employee uses a purchasing card for travel‐related meals that are taxable, the employee must submit copies of purchasing card receipts with their timesheet. ARTICLE XVII – VACATION 17.1 Accrual. Paid vacation leave shall accrue on the following basis for full time employees: Service Time Pay Period Accrual Annual Accrual Maximum Accrual 0 – 5 Years 3‐1/3 Hours 80 Hours 160 hours 5 – 10 Years 5 Hours 120 Hours 240 hours 10 – 15 Years 6‐2/3 Hours 160 Hours 320 hours 15+ Years 8‐1/3 Hours 200 Hours 400 hours a. Vacation leave shall accrue on a semi‐monthly basis based upon the employee's date of hire. b. New, probationary employees shall not be eligible to use vacation leave until they have completed six (6) full months of employment. If the employee resigns or is terminated during this six month period, no vacation payout will be owed. c. Vacation leave shall accrue during any paid leave of absence except when the paid leave being used is from the donated sick leave bank. d. Vacation leave shall accrue to the employee’s bank after the hours are worked for the pay period and shall not be available for use until the following pay period. e. Only vacation hours previously accrued can be used; anticipated accrual hours may be scheduled, but such scheduling of use must be for time after the hours are actually accrued. Negative vacation accrual balances are not allowed. f. Part‐time bargaining unit employees shall accrue vacation leave in direct proportion to full time equivalency. For example, an employee working half time would accrue vacation at 1‐2/3 hours per pay period for 0 to 5 years, 2.5 hours per pay period for 5 to 10 years, etc. CAP060916 Page 43 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 18 17.2 Accrual Limitations. The purpose of vacation accrual is to provide employees with paid time away from work and is not intended to accrue to unreasonable levels. Vacation leave may accrue to a maximum of two times the annual accrual amount. Employees are responsible for the management of their leave banks. If an employee’s vacation bank balance reaches the maximum accrual cap, the employee shall not accrue any additional vacation leave until such time as the balance is below the cap. The one, and only, exception to the above is when an employee has submitted a proper and timely request to use vacation in an amount of at least one full workday and that request has been approved by an authorized approver, then the approved request is revoked by the Chief or Captain and such revocation causes the employee to lose vacation accrual due to having reached the cap. If the conditions of this exception occur, the employee will be paid for the vacation hours that would otherwise be lost. This provision shall only pertain to the loss of vacation hours due to the cap and shall not be construed as to prevent the City from denying or revoking vacation requests on the basis of operational needs. 17.3 Vacation Selection. Employees shall have the right to determine vacation times, subject to scheduling requirements for public service based upon the needs of an efficient operation, the availability of vacation relief, and the City's right to arrange scheduling so that each employee has an opportunity to, if s/he chooses at some time during the calendar year, to use the full amount of the vacation credit which s/he will accumulate in twelve months of continuous service. Vacation scheduling selections shall be made on the basis of bargaining unit seniority. However, each employee will be permitted to exercise his/her right of seniority only during the vacation bid process. No employee will be allowed to use his/her seniority to cancel another employee’s scheduled vacation. See Article 9.3.2 Seniority ‐ Vacation and Time Off Bidding. The City shall post a vacation calendar during the month of December for vacation “bidding” for the following calendar year. The City may designate certain dates as restricted for vacation scheduling for legitimate operational needs. Restricted dates shall be limited to one sworn bargaining unit employee bidding that day off. Bidding will be done by bargaining unit seniority. Each employee, in descending order of seniority, will be allowed to select one continuous vacation period from the available dates on the calendar, not to exceed two work weeks without the approval of the Chief. Once each employee has had the opportunity to make a vacation selection on the basis of seniority, each employee shall have a second opportunity to make vacation selections based on seniority. Once the second round of seniority‐based selections are made, all other vacation scheduling shall be without regard to seniority and will be considered on a first‐come, first‐served basis, in accordance with staffing requirements as determined by the City. The City will respond to vacation requests after the annual seniority bid process without unreasonable delay, and if submitted at least 14 calendar days in advance, within 10 calendar days of the receipt. 17.4 Termination. Upon termination of employment, an employee shall be paid for all accrued but unused vacation. 17.5 Sell Back. Once each fiscal year, an employee may request to sell back to the City up to forty (40) total hours of accrued vacation time or accrued holiday time, or a combination thereof, in excess of eighty (80) vacation hours. Employees choosing to exercise this option must advise the City in writing, through the department manager. The City shall make every effort to distribute the funds within thirty (30) days of the request. CAP060916 Page 44 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 19 ARTICLE XVIII – HOLIDAYS 18.1 Holidays: Full‐time, Non‐sworn Employees. Full‐time, non‐sworn employees shall be entitled to eight hours of time off with pay for the following holidays: (a) New Year's Day, January 1 (b) Martin Luther King's Birthday, third Monday in January (c) President's Day, third Monday in February (d) Memorial Day, last Monday in May (e) Independence Day, July 4 (f) Labor Day, first Monday in September (g) Veterans' Day, November 11 (h) Thanksgiving Day, fourth Thursday in November (i) Day after Thanksgiving Day (j) Christmas Day, December 25 (k) Day before Christmas, December 24 (l) Two (2)floating holidays 18.1.1 Eligibility. Full‐time employees must have worked or have been on paid leave the last work day before and the first work day following a holiday in order to receive holiday pay. Part‐time employees covered by this Agreement shall be entitled to time off with pay for the above holidays and shall be compensated in proportion to the number of hours per month they are normally scheduled to work, regardless of whether or not the part‐time employee is scheduled to work the holiday, provided the part‐time employee is scheduled to work after the holiday. 18.1.2 Holidays. Holidays which occur during vacation or sick leave shall not be charged against such leave. If a holiday listed in 18.1 falls on a Sunday, the following Monday shall be given as a holiday unless Monday is already a holiday, then the preceding Friday shall be given as the holiday. If a holiday listed in 18.1 falls on a Saturday, the preceding Friday shall be given as the holiday unless Friday is already a holiday, then the following Monday shall be given as the holiday. Holidays must be used on the day established as the City holiday. 18.1.3 Floating Holidays. Floating holidays shall accrue on January 1 and July 1 of each year, provided the employee is actively employed on January 1 or July 1. Floating holidays may not be taken in advance or in anticipation of accrual. Floating holidays must be taken during the calendar in which they are accrued, and they must be used in full day increments and with prior notice to and approval of the department head. Unused floating holidays shall be paid upon termination. CAP060916 Page 45 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 20 18.2 Holiday Accrual: Full‐time, Sworn Personnel. On each July 1st, 104 holiday hours will be credited. Credited hours will be prorated for new employees. Credited hours shall be subject to the 104 hour cap. For example, if an employee has more than 52 hours in their holiday bank as of June 30th, the number of hours to be added to the bank shall be adjusted so that the total is not more than 104 hours. The one, and only, exception to forfeiture of hours is if an employee has made a proper and timely request to take holiday time off and has received approval for such request, then the approved request is subsequently revoked by the Chief or Captain, any hours that would be forfeited due to the revocation shall be compensated at the straight time rate of pay. Holiday leave shall be utilized in accordance with established department procedures on an hour‐for‐hour basis. Time off requests must be submitted 24 hours in advance. The City will respond to time off requests without unreasonable delay, but in all cases within 10 calendar days of receiving the request. 18.3 Holiday Sell Back. Employees may opt to sell back earned Holiday hours in accordance with Section 17.5. ARTICLE XIX ‐ SICK LEAVE 19.1 Accrual. Sick leave shall be earned by each full‐time employee at the rate of four (4) hours for each full pay period of service completed. Part‐time employees shall accrue sick leave each month in an amount proportionate (based on hours worked each pay period) to that which would be accrued under full‐time employment. An employee may accrue an unlimited amount of sick leave. 19.2 Utilization. Employees may utilize their allowance of sick leave when unable to perform work duties by reason of illness or injury, serious illness in the immediate family, for emergency personal medical or dental care, exposure to contagious disease under circumstances by which the health of fellow employees or members of the public necessarily dealt with would be endangered by attendance of the employee in the opinion of the City, and under the federal and state Family Medical Leave Acts. Sick leave shall be charged on an hour‐for‐hour basis. Abuse of sick leave privilege shall be cause for discipline and/or dismissal. 19.3 Notification. An employee who is unable to report to work because of any of the reasons set forth in Section 2 above shall report the reason for his/her absence to the designated department representative as soon as possible and prior to the time s/he is expected to report to work. Sick leave with pay shall not be allowed unless the employee has complied with the posted reporting procedure or made a reasonable attempt to comply. In absences of three days or more, the City may, at its discretion, require the employee to provide a written statement from a physician certifying that the employee's condition prevented him from appearing for work and that the employee is released to return to work without restrictions. The City will establish the procedure for contacting the designated department representative. An employee is required to provide his/her supervisor with sufficient information about his/her absence to allow the supervisor to reasonably determine the need for or applicability to leave under the federal and/or state Family Medical Leave Act(s). 19.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the time of resignation or dismissal of an employee. CAP060916 Page 46 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 21 19.5 Leave Without Pay\Layoff. Sick leave shall not accrue during any period of leave of absence without pay, while using donated sick leave, or while on layoff status except as required under state or federal law; however, the returning employee shall have any previously accrued sick leave restored upon return to employment. 19.6 Immediate Family. Per FMLA/OFLA. Family members includes: spouse, same‐gender domestic partner, parent (custodial, non‐custodial, foster, biological, step, in‐law, parent of domestic partner) grandparent or grandchild of the employee, or a person with whom the employee is or was in a relationship of in loco parentis, child (biological, adopted, foster, step, or child of same‐gender domestic partner) Child may be either a minor or an adult. The City also recognizes as immediate family members for the purposes of this Article: domestic partner, minor brother, minor sister, other relative living in the employee’s household, or other individual for which the employee has a legitimate and ongoing caretaker relationship. 19.7 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course of employment, the City's obligation to pay Sick Leave is limited to the difference between any disability payment or time loss payment received under Workers' Compensation Laws and the employee's gross pay. When sick leave is paid in conjunction with worker’s compensation time loss, prorated charges of ⅓ of the employee’s regularly scheduled work hours will be made against accrued sick leave. In such instances, Public Employees Retirement System (PERS) benefit will be prorated according to the amount of compensation paid by the City. 19.8 Retirement. Unused sick leave accrual balances will be reported to PERS upon separation from employment. Employees may utilize unused sick leave accrual upon retirement in accordance with any benefits as provided for in PERS and applicable legislation. ARTICLE XX ‐ LEAVE OF ABSENCE WITH PAY 20.1 Bereavement Leave. In the event of a death in the employee's immediate family, under FMLA/OFLA as defined in 19.6, an employee may be granted a leave of absence of up to two weeks within 60 days of the date of death. The employee may utilize up to three calendar days of City paid bereavement leave. The employee may use other leave, including sick leave, for the remaining days off. Upon request, an employee may be granted additional leave, including use of accrued sick leave. In addition to all immediate family members defined in 19.6, the City recognizes “Immediate family” for the purpose of receiving up to three days of bereavement leave to include sibling, step sibling, sibling‐in‐law, or foster sibling; grandparent, step grandparent, grandparent‐in‐law, or foster grandparent; or grandchild, step‐ grandchild, or foster grandchild. The employee shall make a reasonable effort to notify the Department Director of the need for the leave and/or additional days in advance of the absence. 20.2 Funeral Leave. When an employee serves as a pallbearer, or in some other way participates in, as opposed to merely attend, a funeral ceremony, the employee may be granted time off with pay, not to exceed four hours, to perform such duty. CAP060916 Page 47 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 22 20.3 Civic Responsibility. The City appreciates that City employees are occasionally required to perform civic duties that may interfere with their scheduled work shift. This Section addresses how the performance of civic responsibilities shall affect the employee’s work schedule, work cycle, work shift, pay and use of leaves. 20.3.1 Work‐Related Court Appearance. Employees required to testify or appear in court in an official capacity and as a part of their job shall be compensated for such court appearances in accordance with Article 11 ‐ Hours of Work and Overtime. 20.3.2 Non Work‐Related Court Appearance. When an employee is subpoenaed to testify or appear in court other than in an official capacity and where the employee is not personally involved in the action as the plaintiff, the defendant, the object of the investigation, or for the purpose of providing character testimony for a friend or family member, s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. 20.3.3 Jury Duty. When an employee is called for jury duty s/he shall not suffer any loss of his/her regular compensation for performance of such duty that takes place during time the employee is scheduled to work for the City; however, the employee shall be required to transfer any compensation except mileage and meal expenses received from any source other than the City for the performance of such duty on work time. Time not worked because of such duty shall not affect vacation or sick leave accrual, nor shall the employee be required to use paid leave for such time. This section shall only apply to civic duties performed during time the employee is actually scheduled to be at work on the day the civic obligation takes place. 20.3.4 Civic Duty Between Night Shifts. Employees who are required to appear in court between two consecutively scheduled night shifts for work‐related testimony in accordance with 20.3.1 shall be compensated in accordance with Article 11. Employees who are required to appear between two consecutively scheduled night shifts for non‐ work‐related civic duty as set forth in Section 20.3.2 or 20.3.3 shall have their work shift adjusted as follows: a. if the total hours actually spent performing civic duties are less than six (6), the employee’s work shift the night after such civic duty shall be adjusted on an hour‐for‐hour basis for the time actually spent on civic duty. b. if the total hours actually spent performing civic duties are six (6) or more, the employee will be given the night after such civic duty off and shall not suffer any loss of pay or be required to use accrued leave. 20.3.5 Limitations and Expectations. Under no circumstances shall the City be required to pay overtime or grant comp time for civic duty appearances that are not work‐related. In the event an CAP060916 Page 48 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 23 employee serves a partial day of civic duty, the employee shall be required to return to work after being released from court, or arrange for use of paid leave in accordance with department policy to compensate for time away from work that is not spent in court. Exceptions may be allowed in such circumstances as when the court appearance is out of the area or the employee is released from their court responsibilities with less than forty‐five (45) minutes left in their scheduled work shift. It shall be the employee’s responsibility to notify his/her supervisor of pending court responsibilities as soon as the employee has knowledge of such court duty. 20.4 Military Leave. Military leave of absence shall be granted in accordance with City policy and state and federal Law. 20.5 Conferences/Meetings. Time actually spent in attendance at, or travel to and from conferences, conventions or other work‐related meetings that have been approved in advance by the Chief shall be considered work time as provided under the Fair Labor Standards Act. An employee may request additional time off, using accrued paid leave, in conjunction with approved work‐related travel; however, approval of such requests shall be handled in accordance with department‐ established requests for time off. 20.5 Leave Accruals While on Paid Leave. Employees on paid leaves of absence shall accrue leaves in accordance with this Agreement and, where by reference, current City policy. ARTICLE XXI ‐ LEAVE OF ABSENCE WITHOUT PAY 21.1 Family Medical Leave. All police bargaining unit employees shall be covered by current City policy, as well as state and federal law, regarding Family and Medical Leave. 21.2 Military Leave. Military leaves of absence shall be granted in accordance with City policy and state and federal law. 21.3 Other Leave Without Pay. Notwithstanding the Family and Medical Leave Act (FMLA) and Uniformed Services Employment and Reemployment Rights Act (USERRA), a regular, non‐probationary employee may be granted a leave of absence without pay for a period not to exceed one (1) month. Requests for leave of absence without pay shall be in writing, shall be directed to Police Chief, and shall contain justification for approval. Approval of such leave requests shall be at the sole discretion of the Police Chief, except that any denial of a request shall not be arbitrary or discriminatory. Not counting any such leave covered under FMLA and USERRA, no employee shall receive more than an aggregate of thirty‐one (31) days leave of absence in any three (3)‐year period. 21.4 Leave Accrual While on Leave Without Pay. City policy regarding benefits accrual during Leaves of Absence Without Pay shall apply to all employees covered by this Agreement. CAP060916 Page 49 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 24 ARTICLE XXII ‐ INSURANCE COVERAGE 22.1 Medical, Dental and Vision Insurance. The City shall provide a mutually agreed upon medical, dental and vision insurance package for the employee and their dependents as follows: 1. Medical – substantially similar on the whole to Teamsters G/W Plan 2. Dental – substantially similar on the whole to Teamsters D‐6 Plan 3. Vision – substantially similar on the whole to Teamsters V‐4 Plan 22.2 Health Insurance Eligibility: An employee, as defined in Article 1 ‐ Recognition, must be on paid status for at least eighty (80) hours in the qualifying month to be covered by the health insurance the following month. (Examples: An employee begins employment January 10 and is on paid status the required 80 hours in this month. S/he is then covered for the month of February. An employee terminates January 25 after being on paid status the required 80 hours. S/he then is covered for the month of February. In both cases, if an employee is not on paid status for the required 80 hours in January, s/he would not be covered in February). Paid status does not include overtime hours worked or “cash out” of accrued leave. Eligibility for insurance coverage shall be consistent with the insurance carrier’s eligibility requirements. It is understood that “cashing out” accrued leave time (vacation, holiday or compensatory time) does not constitute hours worked or compensated hours for the purpose of determining insurance eligibility. A “cash out” is when an employee receives payment for accrued leave without actually taking the paid time off or upon termination from employment. 22.3 Medical, Dental, and Vision Insurance Premiums. Effective July 1, 2010, the City shall pay ninety (90) percent of the cost of the employee’s health insurance premiums with the employee paying the remaining ten (10) percent through payroll deduction. 22.3.1 Payment of Premiums. All health insurance premiums paid by the City on behalf of employees shall only be paid directly to the insurance carrier or third party administrator. No such insurance premiums shall be paid directly to the employee except as otherwise provided for in a separation agreement. 22.3.2 Part‐time Employees. Health insurance premium contributions shall be made on a prorated basis for bargaining unit employees qualifying for insurance coverage but working less than full time. 22.4 Section 125. In the event the employee is required to pay a portion of the health insurance contribution in accordance with 22.3, the employer shall institute an IRS Section 125 plan for the purpose of allowing the employee contribution toward health insurance premiums to be a tax free payroll deduction. Additionally, the employer may, in its discretion, institute an IRS Section 125 Flexible Spending Arrangement plan and make such plan available to all employees on a voluntary basis at any time during the life of this agreement. 22.5 Health Reimbursement Arrangement. The City shall contribute $145 per month to a Health Reimbursement Arrangement through a Voluntary Employees’ Beneficiary Association (hereinafter referred to as HRA or HRA VEBA) under Section 501 (c) (9) of the Internal Revenue Code for each full time employee of the bargaining unit. The amount of the HRA contributions for part time employees shall be prorated based on full time equivalency of the employee’s position. CAP060916 Page 50 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 25 22.6 Long Term Disability Insurance. For bargaining unit employees who meet the carrier’s eligibility requirements, the City shall pay long term disability insurance premiums for coverage that provides at a minimum, a 66⅔% benefit effective the 91st day of the disability. 22.7 Life Insurance. For bargaining unit employees who meet the carrier’s eligibility requirements, the City shall provide a $50,000 term life insurance benefit policy. In addition, to the extent the carrier permits, the City will allow employees to purchase additional life insurance at the employee's expense. ARTICLE XXIII ‐ WORKER'S COMPENSATION 23.1 Worker's Compensation. The City shall provide worker's compensation coverage for industrial accidents and disease in accordance with state and federal law. Employees are required to abide by all City safety policies and procedures, injury reporting requirements and protocols, and return to work policies and procedures. ARTICLE XXIV ‐ OUTSIDE EMPLOYMENT 24.1 Outside Employment. No full‐time bargaining unit employee shall accept outside employment, whether part‐time, temporary or permanent, without prior written approval from the Police Chief. Each change in outside employment shall require separate approval. 24.2 Approval. To be eligible for approval, outside employment must meet the following criteria: a. Be compatible with the employee's City work; b. In no way detract from the efficiency of the employee in his/her City work; and c. In no way conflict with the interest of the City or be a discredit to the City. 24.3 Response. A written response to a request for outside employment approval shall be provided within seven (7) business days of the request. If an employee’s request is denied by the Police Chief, the employee may request a review by the City Manager, however, the City Manager’s decision shall be final and any denial of such request shall not be subject to the grievance procedure. ARTICLE XXV ‐ DISCIPLINE AND DISCHARGE 25.1 Discipline. No regular, non‐probationary employee shall be disciplined or discharged except for just cause. Discipline for conduct or performance will normally be progressive. However, if a violation of a City policy or work practice is of serious enough nature, an employee may be discharged without prior disciplinary warnings. Oral warnings, counseling or other oral communication, as well as supervisory entries in “Guardian Tracking” or other similar system, are considered discipline and shall be documented; however, such documentation shall not be considered a written disciplinary action, shall not be subject to the grievance procedure, and such documentation will not be placed in the employee's personnel file. 25.2 Imposition. The City, in disciplining an employee, shall make a reasonable effort to impose such discipline in a manner that will not unduly embarrass or humiliate the employee before other employees or the public. CAP060916 Page 51 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 26 25.3 Probationary Employee. A probationary employee as defined in Section 8.1, shall serve at the pleasure of the City and may be disciplined or discharged for any reason and such discipline or discharge shall not be grievable. 25.4 Grieving Discipline. Disciplinary action, if protested, shall be protested through the grievance procedure, Article 26 ‐ Grievance Procedure. However, oral reprimands, counseling, verbal warnings, other oral communications, or entries in a performance tracking system shall not be subject to the grievance procedure and written reprimands may be processed only to Step 3 of the grievance procedure. 25.5 Union Representation. An employee shall, upon request, be allowed to have a Union representative present at disciplinary meetings. ARTICLE XXVI ‐ GRIEVANCE PROCEDURE 26.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a violation of the bargaining agreement. 26.2 Informal Resolution. When such alleged violations arise, an attempt will be made by the employee and his/her immediate supervisor to settle them informally. A problem which cannot be resolved informally will be processed as a grievance in accordance with Section 26.3. 26.3 Grievance Procedure. Each grievance will be processed in the following manner: Step I. Within fifteen (15) calendar days after the occurrence of the cause of complaint, the employee and/or the Union will reduce the grievance to writing, stating the reasons therefore, the contract provision violated, the date of the occurrence, and the remedy requested and will present it to the employee's immediate supervisor. Within ten (10) business days after the grievance is submitted to the supervisor, the supervisor will respond in writing. If s/he wishes, the employee involved may be accompanied at any grievance‐related meeting by a representative of his/her choice. Step II. If the grievant is not satisfied with the decision concerning the grievance made by the supervisor, s/he may, within ten (10) business days of receipt of such decision, forward grievance to the Police Chief. Within ten (10) business days following receipt of the grievance, the Chief shall state his/her decision in writing. Step III. If the grievant is not satisfied with the disposition of the grievance by the Chief, s/he may request, within ten (10) business days of receipt of the Chief’s decision, that the City Manager review the decision. Within ten (10) business days, the City Manager shall render his/her decision in writing. Step IV. If the grievant is not satisfied with the disposition of the grievance by the City Administrator, s/he may request, within ten (10) business days from receipt of the City Manager’s decision, that the grievance be brought to arbitration. Such request shall be valid only if supported, in writing, by the Union. If a timely, valid request has been made, the parties shall jointly request from the State Conciliation Service a list of seven (7) arbitrators residing in Oregon who are members of the American Arbitration Association and, beginning with the grieving party/Union, the parties shall CAP060916 Page 52 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 27 alternately strike names. The name remaining shall be the arbitrator. Seven (7) business days shall be allowed for the striking. The parties may, by mutual agreement, request a new panel. The hearing under this procedure shall be kept informal and private, and shall include only such parties in interest and/or designated representatives. The arbitrator shall render a decision within thirty (30) calendar days from the date of the formal hearing. The power of the arbitrator shall be limited to interpreting this Agreement and determining if the disputed article or portion thereof has been violated. The arbitrator shall have no authority to alter, modify, vacate or amend any terms of this Agreement or to substitute his/her judgment on a matter or condition for that of the City where the City has not negotiated and limited its authority on the matter or condition. The decision of the arbitrator within these stated limits shall be final and binding on both parties. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place following the execution date of this Agreement, and no arbitration determination or award shall be made by the arbitrator whatsoever prior to the execution date of this Agreement. In case of a grievance involving any continuing or other money claim against the City, no award shall be made by the arbitrator which shall allow any alleged accruals for more than ten (10) days prior to the date when such grievance shall have first been presented. 26.4 Expenses. Expenses for the arbitrator's services and the proceedings shall be borne equally by both parties. However, each party shall be completely responsible for all costs of preparing and presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such record. In the event the arbitrator finds that s/he has no authority or power to rule in any case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 26.5 Time Limits. All parties subject to these procedures shall be bound by the time limits contained herein. However, time limits may be extended by mutual consent of both parties. If either party fails to follow such limits, the following shall result: a If the grievant fails to respond in a timely fashion, the grievance shall be deemed waived. b If the party being grieved against fails to respond in a timely fashion, the grievance shall proceed to the next step. 26.6 Grievance File. All documents, communications and records dealing with the processing of a grievance shall be filed in a separate grievance file, and will not be placed in the personnel file. However, evidence of any discipline imposed and an explanation of the action which resulted in such discipline will be placed in the employee's personnel file. ARTICLE XXVII ‐ UNPROTECTED STRIKE ACTIVITY AND LOCKOUT 27.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute arising during the period of this Agreement. 27.2 Strike. The Union will not initiate or engage in, and no employee(s) will participate or engage in any strike, slowdown, picketing, boycott, sick‐out or other interruption of work during the term of this Agreement. CAP060916 Page 53 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 28 27.3 Union Responsibility. Should a strike, slowdown, picketing, boycott or other interruption of work occur, the Union, upon receiving notice of a strike, slowdown, picketing, boycott or other interruption of work which it has not authorized, will take all reasonable steps to terminate such activity and induce the employees concerned to return to work. If the Union takes such action, it shall not be held liable by the City for unauthorized activity of the employees involved. 27.4 Discipline. In the event employee(s) participate in a strike, slowdown, picketing, boycott, sick‐out or other interruption of work in violation of this Article, the participating employee(s) shall be subject to disciplinary action which may include discharge. 27.5 Wages and Benefits. It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such work interruption. ARTICLE XXVIII ‐ SAVINGS CLAUSE 28.1 Savings Clause. Should any Article or section thereof of this Agreement be held unlawful and unenforceable by any Court of competent jurisdiction, such decision of the Court shall apply only to the specific Article or section thereof directly specified in the decision. The remainder of this Agreement shall remain in effect pursuant to the terms of the Duration Article. Upon such declaration, the parties agree to immediately negotiate a substitute, if possible, for the invalidated portion thereof. ARTICLE XXIX ‐ DURATION 29.1 Duration. This Agreement shall be effective as of July 1, 2016 and shall remain in effect through June 30, 2019. ARTICLE XXX ‐ EXECUTION/SIGNATURES Executed this day of , 2016 at Central Point, Oregon, by the undersigned officers by authority and behalf of the City of Central Point and Teamsters Local Union No. 223. TEAMSTERS LOCAL UNION NO. 223 CITY OF CENTRAL POINT, OREGON Clayton Banry, Secretary‐Treasurer Hank Williams, Mayor Brent Jensen, Union Representative Chris Clayton, City Manager CAP060916 Page 54 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 29 APPENDIX A POLICE BARGAINING UNIT PAY SCHEDULE Monthly rates based on 173.33 hours per month Salary Schedule on 6/30/16 Classification Title Grade Step A Step B Step C Step D Step E Step F Police Support Specialist P110 $2,945 $3,094 $3,248 $3,411 $3,581 $3,760 Community Services Officer P117 $3,126 $3,282 $3,446 $3,619 $3,800 $3,990 Police Officer P145 $4,007 $4,206 $4,418 $4,638 $4,870 $5,114 Corporal P150 $4,431 $4,653 $4,886 $5,130 $5,386 $5,655 Negotiated adjustments to the salary schedule shall be applied to Step A and each subsequent step shall be 5% greater than the lower step. Effective July 1, 2016, the salary schedule shall be increased by 2.5%. 2.5% Increase 7/1/16 Classification Title Grade Step A Step B Step C Step D Step E Step F Police Support Specialist P110 $3,019 $3,170 $3,329 $3,495 $3,670 $3,854 Community Services Officer P117 $3,204 $3,364 $3,532 $3,709 $3,894 $4,089 Police Officer P145 $4,107 $4,312 $4,528 $4,754 $4,992 $5,242 Corporal P150 $4,542 $4,769 $5,007 $5,257 $5,520 $5,796 Effective July 1, 2017, the salary schedule shall be increased by 3% 3% Increase 7/1/17 Classification Title Grade Step A Step B Step C Step D Step E Step F Police Support Specialist P110 $3,110 $3,266 $3,429 $3,600 $3,780 $3,969 Community Services Officer P117 $3,300 $3,465 $3,638 $3,820 $4,011 $4,212 Police Officer P145 $4,230 $4,442 $4,664 $4,897 $5,142 $5,399 Corporal P150 $4,678 $4,912 $5,158 $5,416 $5,687 $5,971 CAP060916 Page 55 City of Central Point and Teamsters Local 223 (Police) 7/1/2016 – 6/30/2019 page 30 APPENDIX A (cont.) POLICE BARGAINING UNIT PAY SCHEDULE Effective September 1, 2018: Step G shall be added to the salary schedule, in accordance with Article 12.3.1. Step G Add Step G (5%) on 9/1/18 (Step 1) Classification Title Grade Step A Step B Step C Step D Step E Step F Step G Police Support Specialist P110 $3,110 $3,266 $3,429 $3,600 $3,780 $3,969 $4,167 Community Services Officer P117 $3,300 $3,465 $3,638 $3,820 $4,011 $4,212 $4,423 Police Officer P145 $4,230 $4,442 $4,664 $4,897 $5,142 $5,399 $5,669 Corporal P150 $4,678 $4,912 $5,158 $5,416 $5,687 $5,971 $6,270 Remove Step A & Rename Steps on 9/1/18 (Step 2) Classification Title Grade Step A Step B Step C Step D Step E Step F Police Support Specialist P110 $3,266 $3,429 $3,600 $3,780 $3,969 $4,167 Community Services Officer P117 $3,465 $3,638 $3,820 $4,011 $4,212 $4,423 Police Officer P145 $4,442 $4,664 $4,897 $5,142 $5,399 $5,669 Corporal P150 $4,912 $5,158 $5,416 $5,687 $5,971 $6,270 CAP060916 Page 56 Business Battle of the Bones CAP060916 Page 57 Parks & Public Works Department Matt Samitore, Director 140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov May 27, 2016 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director SUJECT: Battle of the Bones at the Harvest Fair PURPOSE: Staff has reached a tentative deal with the Jackson County Fairground to host Battle of the Bones (BOB) at the 2016 Harvest Fair. SUMMARY: Staff has met with Jackson County Expo officials several times for the past few months regarding hosting BOB at the Expo’s Harvest Fair event in September of 2016. Staff is pleased to announce we have a deal in place to host the event. City staff would only be responsible for running the BBQ portion of the event on two days, Friday September 16, 2016 and Saturday September 17, 2016. It will be a non-sanctioned event limited to ten teams. The BBQ tasting will occur on Friday from 5 to 9 and Saturday from 12 to 4 PM. The current year’s budget has $100,000 budgeted for the event. The revised budget is approximately 1/2 of that amount. Staff would like to do a smaller event to see how the functionality of the event will work at the Expo Grounds. The City would only be responsible for the BBQ portion. In the revised budget a sponsorship of $5,000 would go to the Harvest Fair for the kid’s zone. Staff is also exploring the option of showing a movie in the evening hours on Friday night and has budgeted for that possibility. Staff would not be involved in the other aspects of the harvest fair such as the alcohol competition or any of the vendor booths. In the revised budget there is also a fee for the City to run the competition in the amount of $3,500, which was the profit the Expo made off the BBQ portion of the event. Here is a breakdown of the anticipated costs and potential profit. CAP060916 Page 58 Table 1: BOB Budget 2016 BOB @ Harvest Fest Expenses Contributions to Expo Fees for Event $ 3,500.00 Kid's Area $ 5,000.00 $ 8,500.00 Marketing (radio/signs/print) $ 3,000.00 Facebook Ads $ 300.00 $ 3,300.00 Tickets/Punch Cards $ 1,200.00 $ 1,200.00 Shirts $ 960.00 $ 960.00 Movie $ 500.00 $ 500.00 Prize Money Friday People's Choice $ 4,000.00 Saturday People's Choice $ 4,000.00 Judged $ 2,000.00 $ 10,000.00 Meat Chicken Wings (Split) $ 4,975.00 Brisket (Nose On) $ 5,375.00 Ribs (Baby Back) $ 698.00 $ 11,048.00 Supplies 2 oz Sample Cups (2500) $ 25.00 Napkins 15" 2 ply (3000) $ CAP060916 Page 59 23.28 Wipes (3000) $ 18.63 Misc. $ 500.00 $ 566.91 Trophies/Awards $ 250.00 $ 250.00 Total Estimated Expenses $ 36,324.91 Revenue Ticket Sales Friday 1200 $ 10.00 $ 12,000.00 Ticket Sales Saturday 1200 $ 10.00 $ 12,000.00 $ 24,000.00 Travel and Tourism $ 2,500.00 $ 2,500.00 Raffle (donated item) 2000 $ 5.00 $ 10,000.00 $ 10,000.00 Sponsorship goals Rays $ 300.00 7 Feathers $ 600.00 Columbia $ 1,750.00 $ 2,650.00 $ 2,650.00 $ 39,150.00 Net $ 39,150.00 $ (36,324.91) $ 2,825.09 These prices are all estimates as market value will change by September. Sponsorship goals are conservative. Consider upping ticket prices? Consider offering raffle entry for pre-purchase of tickets rather than discount. CAP060916 Page 60 Table 2: BOB Prize Payout 2016 BOB People's Choice BBQ Friday/Saturday 1 $1,500 2 $1,000 3 $700 4 $500 5 $200 6 $100 total $4,000 Judge Portion Ribs Brisket $500 $500 $350 $350 $150 $150 $1,000 $1,000 $ 2,000 Total $ 10,000 RECOMMENDATION: Approve the tentative revised budget for the 2016 Battle of the Bones event. CAP060916 Page 61 Business Discussion of current Alcohol in Parks Policy CAP060916 Page 62 Parks & Public Works Department Matt Samitore, Director 140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov May 27, 2016 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director SUJECT: Alcohol in Parks PURPOSE: Discussion of special events and alcohol in the City Parks. SUMMARY: In 2007 the City amended the municipal code to allow for alcohol in the parks when they were associated with a special event. Over the past couple of years the city has seen an increase in requests to have alcohol in parks for special events. The events range from class reunions to parties to our own Battle of the Bones event. The vast majority of the time people are respectful of the rules, and , clean up after themselves, and generally are drinking wine or beer. Recently, the City has received a request to host a special event where hard alcohol will be served. Staff has been leery to approve such permits and would like clarification from City Council as to its intent with regard to the rule change . Additionally, staff has done quite a bit of research and quite a few Oregon communities have elected to make changes to their alcohol policies limiting the type of alcohol allowed under the special event. Staff likes the following option for a word change. This example is from the City of Salem. Salem Parks- Alcohol is not allowed at all facilities; please check with staff for more information. If alcohol is permitted, a fee of $50 will be required. Only table wines and malt beverages with an alcohol content of 14 percent or less, and packaged in less than kegs will be allowed. Alcoholic beverages must remain within 100 feet of reservable area. RECOMMENDATION: Discussion of whether hard alcohol is permitted within the city park system. CAP060916 Page 63 Business Award Contract for Skyrman Park CAP060916 Page 64 Parks & Public Works Department Matt Samitore, Director 140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov May 27, 2016 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director SUJECT: Skyrman Park Arboretum PURPOSE: The Parks & Public Works Department recently sent a Request for Proposal (RFP) for the construction of Skyrman Arboretum. SUMMARY: Staff is currently advertising for bids for the construction of the Skyrman Park Arboretum. The construction will be paid for by the Oregon Community Foundation (OCF) and the City of Central Point. The initial bid for the project was $295,000 from Knife River Materials. After reviewing the bid with the OCF it was decided to eliminate the wrought iron fence, dropping the bid price to $250,000. The OCF is committing $150,000 to the project. In order to make up the remainder amount the City will shift funds from the Willie Mott Park Playground rehab project and from the Jewett School Water Quality Swale project to make up the balance. Knife River informed the City it can start construction June 20, 2016 with an anticipated completion date of September 1, 2016. RECOMMENDATION: Award the contract to Knife River Materials, Inc. to construction Skyrman Park Arboretum. CAP060916 Page 65 Business Discussion of Misc Water Fees CAP060916 Page 66 Parks & Public Works Department Matt Samitore, Director 140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov May 27, 2016 TO: Honorable Mayor and City Council FROM: Matt Samitore, Parks & Public Works Director SUJECT: Miscellaneous Fees PURPOSE: Discussion of implementing two miscellaneous water fees. The first fee is for financing new water connections. The second is for new water haulers. SUMMARY: The City has been approached by residents, who currently do not have city water, to see if there is a financing option for hooking up. In almost all circumstances the property owner requesting financing is because of water issues with their water pump. Additionally, a city waterline is in front of their property. Currently, if a property owner wants to hook up to city water they have to pay $2700 for a new water tap, plus an additional $1,724 for the Medford Water SDC and $1,552 for City SDC, plus an additional $250 for a water meter set up fee, for a total of $6,226.09. The property owners have expressed interest in a city financed option. The Medford Water Commission cannot be financed, leaving an option of $4,502. Finance staff has come up with the following option for self-financing these unique circumstances. New water service: Fees: 1. Tap Fee $2,700.00 2. CP SDC Water 1,552.00 3. MWC SDC 1,724.09 4. Water Fee for setting meter 250.00 Total Fees = $6,226.09 $6,226.09 Medford Water SDC's (no financing) (1,724.09) Fees that may be financed $4,502.00 Inside City base rate $13.15 Outside City base rate $19.73 CAP060916 Page 67 Amount to be financed $4,502.00 Simple interest loan @ 9% 405.18 Total amount financed $4,907.18 Financing period/36 months $136.31 Base outside rate 19.73 Total monthly financed + base rate $156.04 Bulk Water Haulers Fire Hydrant Meter $3,000 The second new miscellaneous fee is for water haulers. With the advent of the marijuana business there are quite a few new haulers who want City Water. In the past we had the bulk haulers buy their own fire hydrant meters, but the meters that were purchased are no longer available and the city has had to do numerous repairs on them. In order to come with a uniform way of maintaining these meters staff is requesting that we buy the meters and maintain them under the same system we use for standard meters. The cost of the fire hydrant meter is $3,000. Staff is suggesting that if any new hauler would like to be setup in the City they pay this upfront fee for us to obtain a new meter and a individual location for each hauler. The Central Point Municipal Code (CPMC) states that water rates shall only be reviewed annually. City council has the right to review these miscellaneous fees and either delay implementation to the next fee adjustment, scheduled for January 2017 or do an exception and allow for these fees to be adopted at a scheduled council meeting. RECOMMENDATION: Discuss the miscellaneous fees. CAP060916 Page 68 Business Discussion of CP-3 CAP060916 Page 69 Page 1 of 2 STAFF REPORT June 9, 2016 AGENDA ITEM: File No. 15030 Introduction of a Conceptual Land Use and Transportation Plan for Urban Reserve Area CP-3. Applicant: City of Central Point. STAFF SOURCE: Tom Humphrey AICP, Community Development Director BACKGROUND: The City’s Regional Plan Element includes a provision that prior to expansion of the urban growth boundary into an urban reserve area it is necessary to adopt conceptual land use and transportation plans for the affected urban reserve. The City received a request to add Urban Reserve Area CP-3 to the City’s UGB for additional job creation. The City Council responded to this request by passing a Resolution of Intent to initiate a UGB Amendment which has precipitated this Conceptual Plan. City staff conducted a preliminary discussion with the Planning Commission in November to create a concept plan that reflects local land use expectations and remedies for traffic congestion that land uses may generate. The Commission and the Citizen’s Advisory Committee each participated in a planning ‘charrette’ to come up with land use and transportation scenarios for the concept plan. Staff has crafted a few land use and transportation plans in Attachment A for the Council to consider. Staff has disseminated the East Pine Street Area Concept Plan to various agencies for comment and has also made presentations to the MPO PAC, the MPO TAC and local area planning professionals. Definitive feedback has been slow in arriving. Consequently, this is merely a discussion item and not an action item for the City Council. The Planning Commission has expressed its support for land use designations that expand the Eastside TOD and a circulation plan that moves traffic further away from the Peninger/Pine Street intersection. ISSUES: The City agreed to an employment/open space split in the Regional Plan (42% and 58% respectively). Of the 36 acres in CP-3 there are 15acres that can be considered for employment under the Regional Plan and 21 acres for open space. Upon further reflection, it appears that the City should advocate for 1.88 acres of residential given the existence of multi-and single-family homes between Gebhard Road and Bear Creek. If pursued, the question is whether to take residential acreage out of the employment total or out of the open space total. Each of the scenarios reflect a reduction in open space rather than in the employment acreage. The Council will be asked for their inputs about the alternative uses being proposed on pages seven (7) through ten (10) of Attachment A. Consideration should be given to the various constraints that exist in this area (e.g. natural, physical and political boundaries). Under Implementation Guidelines (page 5), staff is also interested in the Council’s opinion about land use and transportation policies being proposed. Public Comment on the CP-3 Conceptual Plan will be received at the MPO Technical Advisory Committee next Wednesday, June 8th prior to the Council’s introduction to this item. The MPO Policy Committee is expected to offer their input prior to the next City Council meeting. CAP060916 Page 70 Page 2 of 2 EXHIBITS/ATTACHMENTS: Attachment “A” – East Pine Street Area Concept Plan (CP-3) ACTION: Discuss the draft Conceptual Plan and 1) identify a preferred land use scenario and 2) identify a preferred circulation plan. RECOMMENDATION: Direct staff to return with the preferred land use and circulation scenarios and with further input from the MPO, DLCD and ODOT. CAP060916 Page 71 Tuesday May 31, 2016 Draft EAST PINE STREET AREA CONCEPT PLAN A CONCEPTUAL LAND USE AND TRANSPORTATION PLAN FOR CP-3 AN URBAN RESERVE AREA OF THE CITY OF CENTRAL POINT City of Central Point Adopted by City Council Resolution No.____, June, 2016 CAP060916 Page 72 PART 1. INTRODUCTION As part of the Regional Plan Element1 it is required that the City prepare and adopt for each of its eight (8) Urban Reserve Areas (URAs) a Conceptual Land Use Plan2 and a Conceptual Transportation Plan3prior to or in conjunction with an Urban Growth Boundary (UGB) amendment within a given URA. This document addresses both conceptual plans, which are collectively referred to as the CP-3 Concept Plan (‘Concept Plan’). Figure 1 illustrates CP-3’s relationship to the City and the other URAs. As used in this report the term ‘concept plan’ refers to a document setting forth a written and illustrated set of general actions designed to achieve a desired goal that will be further refined over time as the planning process moves from the general (concept plan) to specific site development. In the case of CP-3, the goal to be achieved is a first generation refinement of how the land use distributions and applicable performance indicators of the Greater Bear Creek Valley Regional Plan (GBCVRP) will be applied. The concept plan is a general land use guide prepared in accordance with, and intended to facilitate implementation of the Regional Plan Element. It does not address compliance with the Oregon Statewide Land Use Planning Goals, applicability of land use planning law, or comprehensive plan compliance. 1 City of Central Point Ordinance 1964 2 City of Central Point Comprehensive Plan, Regional Plan Element, Section 4.1 Performance Indicators, subsection 4.1.7 3 City of Central Point Comprehensive Plan, Regional Plan Element, Section 4.1 Performance Indicators, subsection 4.1.8 CAP060916 Page 73 These items will be appropriately addressed at some other time as the area’s planning proceeds through UGB amendment, annexation, zoning, site plan approval, and ultimately development, with each step being guided by the Concept Plan. The Concept Plan illustrates the City’s basic development program for CP-3; which is presented in Part 2 of this document. The remainder of the document (Part 3) is dedicated to providing background information used in preparation of the Concept Plan, including findings of compliance with the land use distribution and applicable Performance Indicators in the City’s Regional Plan Element. In summary the Concept Plan has been prepared in accordance with the Regional Plan Element and Greater Bear Creek Valley Regional Plan including all applicable performance indicators set forth in these documents. The development concept for CP-3 compliments and supports local and regional objectives relative to land use distribution and needed transportation corridors identified in the Greater Bear Creek Valley Regional Plan. PART 2. THE CONCEPT PLAN The long-term objective for CP-3 is that it will develop in uses that are complimentary to those in the immediate area such as Bear Creek Greenway, open space and tourist commercial uses. The URA’s proximity to the I-5 interchange, Bear Creek and the Jackson County Expo both restrict and invite active and passive uses. The small portion (1.9 ac) on the east side of Bear Creek is residential, is an exception to the Regional Plan allocations and seems better suited to the City’s residential zoning east of Gebhard Road. The Concept Plan is comprised of two elements: a. The Conceptual Land Use Plan (‘Land Use Plan’) The primary objective of the Land Use Plan is to refine the land use categories and spatial distribution of those categories throughout CP-3. This is necessary because the Regional Plan Element only addresses land use in terms of general land use types, i.e. residential, employment, etc., and percentage distribution of the land use. The Regional Plan Element distributes land uses within CP-3 into two basic land use classifications; employment (42%) and Open Space/Parks (58%). Employment land includes three categories: retail, industrial, and public. The Land Use Plan for CP-3 refines these allocations by aligning them with the appropriate Comprehensive Plan Land Use and Zoning designations in the City’s Comprehensive Plan. Those designations are illustrated in Figure 2, and tabulated in Table 1 as follows: CAP060916 Page 74 i. Industrial. The Comprehensive Plan’s industrial designation is intended to ‘establish a strong and diversified sector’ and to ‘maximize new development opportunities’. Land Use is broken down into a new industrial category that was used in another URA. • Business Park (Business Offices and Service Commercial) which is compatible with and closely related to uses permitted in the City’s M-1 and M-2 zoning but is developed independent of those zones. ii. Commercial. The Comprehensive Plan’s commercial designation in this case is intended to meet the needs of the traveling public and local entrepreneurs. However, an East Side Transit Oriented Development (TOD) Commercial designation can also be assigned given the URA’s proximity to mixed use zoning. • Tourist and Office Professional District, intended to provide for the development of concentrated tourist commercial and entertainment facilities to serve both local residents and traveling public and also for the development of compatible professional office facilities; • General Commercial (TOD-GC), Commercial and industrial uses are primarily intended for this district. Activities which are oriented and complementary to pedestrian travel and transit are also encouraged. iii. Public. Parks and Open Space designation is consistent with the Regional Plan Element and allows for the continued use and improvement of the Bear Creek Greenway system, natural drainage and agricultural buffers. It also provides opportunities for passive recreational/open space use. Table 1 Proposed Land Use Zoning by Acreage Township/Range/ Section Acreage Future Zoning Future Comp Plan Current Ownership 362W02 1.88 TOD-MMR TOD Residential 362W02D 14.45 B-P/TOD-GC Business Park / Commercial 362W02D 19.67 Bear Creek Greenway Public/Open Space TOTAL ACRES 36.00 CAP060916 Page 75 b. The Conceptual Transportation Plan (‘Transportation Plan’) The regionally significant transportation documents affecting CP-3 are Interstate 5 (I-5), Interchange Area Management Plan (IAMP-33) and the Bear Creek Greenway Management Plan. The Concept Plan identifies these plans (Figure 2, CP-3 Concept Plan) and includes policies that encourage the thoughtful development of the interchange and surrounding properties. c. Implementation Guidelines The following guidelines are intended to serve as future action items: Policy CP-3.1 Land Use: At time of inclusion in the City’s urban growth boundary (UGB) the property will be shown on the City’s General Land Use Plan Map as illustrated in the CP-3 Concept Plan, Figure 2 except where the concept plan depicts a designation that does not currently exist in the City’s Comprehensive Plan. In such cases, the City may apply a designation it deems appropriate under its current map designations. Policy CP-3.2 Transportation: At time of inclusion in the City’s urban growth boundary (UGB) the local street network plan, road alignments and transportation improvements identified in various state plans will be included in the City’s Transportation System’s Plan (TSP) as illustrated in the CP-3 Concept Plan, Figure 2 and where feasible. The City has adopted IAMP 33 as a Comprehensive Plan amendment. Policy CP-3.3 Adjacent Transit Oriented Development (TOD) district land uses: CP-3’s proximity to the Eastside TOD allows the City to consider both TOD and conventional land use designations. The TOD Commercial designation is more generous in accommodating a variety of employment options including retail and service commercial uses and light manufacturing. A TOD land use designation is preferred. Policy CP-3.4: Committed Residential Density: At time of UGB Expansion into CP-3, the county zoned residential land will be designated higher density residential land to afford property owners more options for future development and to be compatible with adjacent city designations. Land designated for residential use was not originally contemplated for CP-3 but land owner participation in recent development proposals suggest it is better to preserve their land in residential uses rather than change it to either Open Space/Park designations or employment designations. CAP060916 Page 76 Policy CP-3.5 Forest/Gibbon Acres Unincorporated Containment Boundary: The City and Jackson County will have adopted an agreement (Area of Mutual Planning Concern) for the management of Forest/Gibbon Acres. Policy CP-3.6 Agricultural Mitigation/Buffering: At time of UGB Expansion into CP-3, the City and County will coordinate with RRVID to identify, evaluate and prepare potential mitigation. The City will implement agricultural buffers in accordance with adopted ordinances at the time of annexation. Policy CP-3.7 Traffic Mitigation: The City will follow access management standards from its TSP and the Interchange Area Management Plan (IAMP) for property on Peninger Road. Whenever possible, cross-access easements and an internal street network will be encouraged. Policy CP-3.8 Bear Creek Greenway Enhancements: Access to the Greenway from employment-based land uses is desirable and should be facilitated as part of site development for both Open Space/Park designations and for employment designations. If property from which the Greenway is currently accessed redevelops, an alternative recreational access should be incorporated as part of the land use plan. CAP060916 Page 77 CAP060916 Page 78 CAP060916 Page 79 CAP060916 Page 80 CAP060916 Page 81 CAP060916 Page 82 PART 3. SUPPORT FINDINGS The findings present in this section provide both background information and address the Regional Plan Element’s Performance Indicators. a. Current Land Use Characteristics This section describes the general character of CP-3 in its current condition. Natural Landscape: CP-3 is traversed by Bear Creek which bisects the URA from the northwest to the southeast. Environmentally sensitive land straddles the creek on the east and west. Topographically, the land in CP-3 rises 10 to 15 feet from Bear Creek which runs through the URA. In spite of the creek and wetlands present in the URA, a significant percentage of two tax lots are subject to the flood hazards as shown in Figure 4. Those areas that are subject to flood zones will be required to perform mitigation if developed in land use other than Greenway or Open Space. The County’s land use designation of Aggregate Resource (AR) undoubtedly anticipated mining and gravel extraction. Cultural Landscape: CP-3 is principally oriented to Bear Creek and the Interstate-5 (I-5) interchange. Aggregate quarries operate south of the boundaries of CP-3. Limited farming is done east of Bear Creek but the area is all within the Central Point Urban Growth Boundary. Jackson County Expo property is located to the northeast of the URA and none of the County property is part of a future URA. Future Expo development is guided by a master plan and the land uses within CP-3 could support activities at the fairgrounds (i.e. hotels/motels, restaurants, etc.). CAP060916 Page 83 CAP060916 Page 84 b. Current Land Use Designations & Zoning Jackson County zoning acknowledges the unique geographic features of CP-3 by designating land for both General Industrial and Interchange Commercial uses. The area’s proximity to the interstate and the railroad justified these land use designations originally and they are expanded in the Greater Bear Creek Valley Regional Plan under the general category of Employment land. The land uses in the County’s plan are as shown in Figure 5. CAP060916 Page 85 A comparison of the existing and proposed land uses are reflected in Table 2. Table 2 Current and Proposed Zoning Assessors No. Acreage County Zoning City Zoning City Comp Plan 1.88 RR-5 TOD-MMR TOD 14.45 AR TOD-GC General Commercial 11.4 AR BCG TOTAL ACRES 36.0 CAP060916 Page 86 The proposed city zoning will be exclusively employment based in keeping with the Regional Plan. c. Existing Infrastructure Water Currently, public water service is available to CP-3 from Beebe Road and E Pine Street. Sanitary Sewer CP-3 is in the RVSS service area and there is a trunk line that runs north and south through the Bear Creek Greenway and it ties in to one on Beebe Road (Figure 6). More lines will have to be extended to the area to serve employment based needs. Storm Drainage CP-3 does not have an improved storm drainage system and relies upon natural drainage and drainage from road improvements to channel water to Bear Creek. Street System CP-3 is accessed via I-5 Exit 33, East Pine Street and Peninger Road with the expectation that the Beebe Road/Gebhard Road connection will be extended west across Bear Creek in the vicinity of an old bridge alignment. IAMP 33 and the City’s TSP dictate the nature of improvements over the next 20 year period. These documents call for an internal circulation plan which the concept plan proposes in Figure 2. The Bear Creek Greenway will be extended through URA CP-3 by taking advantage of open space and floodways in Jackson County that is owned by the Oregon Department of Transportation. Irrigation District CP-3 is located within the Rogue River Valley Irrigation District (RRVID). Irrigation water is transferred via natural means. There are no dedicated irrigation canals within the URA. CAP060916 Page 87 CAP060916 Page 88 d. Performance Indicators Implementation of the Regional Plan Element is guided by a series of twenty- two (22) primary and twenty-one (21) secondary performance indicators4, not all of which are applicable to all urban reserve areas. Table 3 identifies the primary Performance Indicators applicable to the CP-3 Concept Plan. Table 3 Performance Indicators Specific to Conceptual Plans Applicability No. Description Yes No 4.1.1 County Adoption X 4.1.2 City Adoption X 4.1.3 Urban Reserve Management Agreement X 4.1.4 Urban Growth Boundary Management Agreement X 4.1.5 Committed Residential Density X 4.1.5.1 Minimum Residential Density Standards X 4.1.6 Mixed-Use/Pedestrian Friendly Areas X 4.1.7 Conceptual Transportation Plan X 4.1.7.1 Transportation Infrastructure X 4.1.8 Conceptual Land Use Plan X 4.1.8.1 Target Residential Density X 4.1.8.2 Land Use Distribution X 4.1.8.3 Transportation Infrastructure X 4.1.8.4 Mixed Use/ Pedestrian Friendly Areas X 4.1.9 Conditions Specific to Certain URAs X 4.1.9.1 CP-1B, IAMP Requirement X 4.1.9.2 CP-4D, Open Space Restriction X 4.1.9.3 CP-4D, Roadways Restriction X 4.1.9.4 CP-6B, Institutional Use Restriction X 4.1.9.5 Central Point URA, Gibbon/Forest Acres X 4.1.10 Agricultural Buffering X 4.1.11 Regional Land Preservation Strategies X 4.1.12 Housing Strategies X 4.1.13 Urban Growth Boundary Amendment X 4.1.13.1 UGB Expansions Outside of URAs X 4.1.14 Land Division Restrictions X 4.1.14.1 Minimum Lot Size X 4.1.14.2 Cluster Development X 4.1.14.3 Land Division & Future Platting X 4.1.14.4 Land Divisions & Transportation Plan X 4.1.14.5 Land Division Deed Restrictions X 4.1.15 Rural Residential Rule X 4.1.16 Population Allocation X 4.1.17 Greater Coordination with RVMPO X 4 City of Central Point Comprehensive Plan, Regional Plan Element, Section 4.1 Performance Indicators CAP060916 Page 89 4.1.17.1 Preparation of Conceptual Transportation Plan X 4.1.17.2 Protection of Planned Transportation Infrastructure X 4.1.17.3 Regionally Significant Transportation Strategies X 4.1.17.4 Supplemental Transportation Funding X 4.1.18 Future Coordination with RVCOG X 4.1.19 Expo X 4.1.20 Agricultural Task Force X 4.1.21 Park Land X 4.1.22 Buildable Lands Definition X e. Applicable Performance Indicators The following addresses each applicable performance indicator per Table 3: 4.1.2. City Adoption. The City has incorporated the Greater Bear Creek Valley Regional Plan (GBCVRP) into the Central Point Comprehensive Plan as the Regional Plan Element. Finding: The GBCVRP has been taken into account in the preparation of this Conceptual Plan. Conclusion 4.1.2: Complies. 4.1.3. Urban Reserve Management Agreement. An URMA was adopted by the City when it adopted its Regional Plan Element. Finding: The URMA has been taken into account in the preparation of this Conceptual Plan. Conclusion 4.1.3: Complies. 4.1.4. Urban Growth Boundary Management Agreement. The UGBMA between Central Point and Jackson County was revised to institutionalize and direct the management of Forest/Gibbon Acres as an Area of Mutual Planning Concern. Other changes in the agreement add an intent and purpose statement, align procedural language with the County Comprehensive Plan and obligate the City and County to involve affected Irrigation Districts in the land use planning process. Finding: The UGBMA has been taken into account in the preparation of this Conceptual Plan. Conclusion 4.1.4: Complies. 4.1.5. Committed Residential Density. Land that is within a URA or currently within an Urban Growth Boundary (UGB) but outside the existing City Limit shall be built, at a minimum, to the following residential densities. This requirement can be offset by increasing the residential density in the City Limit. CAP060916 Page 90 Table 4. REGIONAL PLAN ELEMENT MINIMUM DENSITY REQUIREMENT FOR CENTRAL POINT City Dwelling Units per Gross Acre 2010-2035 Dwelling Units per Gross Acre 2036-2060 Central Point 6.9 7.9 4.1.5.1. Prior to annexation, each city shall establish (or, if they exist already, shall adjust) minimum densities in each of its residential zones such that if all areas build out to the minimum allowed the committed densities shall be met. This shall be made a condition of approval of a UGB amendment. Finding: Of the 36 acres in CP-3 the Regional Plan doesn’t reserve any acreage for residential use. The 1.88 acre area being proposed consists of three parcels (36 2W 02 TL 2600, 2601, 2602), which are currently developed in both multi- and single-family residential use. The Concept Plan applies the City’s TOD-Medium Mix Residential (TOD-MMR) land use and zoning to this property on the basis that the MMR zoning: • Is consistent with the existing Residential land use designation and zoning for the area immediately to the east (White Hawk Mixed-Use Master Plan); and • The property abuts rural residential lands to the north and west which is in the county and outside of a URA and a UGB. The MMR zoning district has a minimum density of 11.0 dwelling units per gross acre, which is above the committed average minimum density required in the Regional Plan Element (See Table 4 above). In Table 5 an accounting of the Gross Buildable Acreage within the City/UGB by zoning, current minimum allowable density per gross acre for each zoning district, minimum dwelling unit yield, and the average minimum density per gross acre defines the City’s current minimum build-out density. Based on current zoning the City’s Gross Buildable Acreage is capable of accommodating a minimum build-out density of 7.1 units per gross acre, which exceeds the current planning period’s minimum 6.9, but is less than the long-term planning period’s 7.9, required in the Regional Plan Element. Table 5 further illustrates (Adjusted Totals) that the use of MMR zoning in CP-3, when added to the City’s current gross buildable acreage, does not reduce but rather contributes to the average minimum gross density. Conclusion: Complies. With the use of the MMR zoning the City’s committed density is essentially unchanged and remains compliant with the current planning period’s required minimum residential density standard. The City acknowledges that in order to maintain both the current and long-term planning period’s minimum density requirement that: 1) Higher density zone changes may need to occur within the City as necessary to increase the average minimum density identified in Table 5; 2) Future residential densities in the remaining URA Conceptual Land Use Plans will need to either meet or exceed the minimum established densities in the Regional Plan Element; or 3) A combination of the above. CAP060916 Page 91 Table 5. Buildable Residential Lands & Minimum Density by Zoning District Zoning Gross Buildable Acres Min. Housing Yield Minimum Density/Gross Acre R-L 14.63 18 1.2 R-1-6 57.02 177 3.1 R-1-8 36.16 83 2.3 R-1-10 13.78 22 1.6 R-2 14.20 67 4.7 R-3 51.16 563 11.0 LMR 72.33 340 4.7 MMR 52.82 601 11.0 HMR 25.05 545 23.4 City/UGB Total 337.16 2,414 7.16 Average Density CP-3 MMR 1.88 21 11.0 Adjusted Totals 339.04 2,435 7.18 Adjusted Average Density 4.1.6. Mixed Use/Pedestrian Friendly Areas. For land within a URA, each city shall achieve the 2020 Benchmark targets for employment (Alternative Measure No. 6) as established in the most recently adopted RTP. Finding: The Regional Transportation Plan (RTP) Appendix B, Page 10 lists a 44% mixed- use employment target for new development by 2020. New land use categories in the Conceptual Plan can be adapted to create walkable/mixed use neighborhoods in CP-3. Conclusion 4.1.6: Complies. 4.1.7. Conceptual Transportation Plans. Conceptual Transportation Plans shall be prepared early enough in the planning and development cycle that the identified regionally significant transportation corridors within each of the URAs can be protected as cost-effectively as possible by available strategies and funding. A Conceptual Transportation Plan for a URA or appropriate portion of a URA shall be prepared by the City in collaboration with the Rogue Valley Metropolitan Planning Organization, applicable irrigation districts, Jackson County, and other affected agencies, and shall be adopted by Jackson County and the respective city prior to or in conjunction with a UGB amendment within that URA. 4.1.7.1. Transportation Infrastructure. The Conceptual Transportation Plan shall identify a general network of regionally significant arterials under local jurisdiction, transit corridors, bike and pedestrian paths, and associated projects to provide mobility throughout the Region (including intra-city and inter-city, if applicable). CAP060916 Page 92 Finding: The regionally significant transportation project within CP-3 is the Beebe Road extension and bridge over Bear Creek. Additionally, the Interchange Area Management Plan for Exit 33 (IAMP-33) identifies public improvements and projects that have been taken into consideration as part of the CP-3 Conceptual Plan. The Bear Creek Greenway system, which is predominantly pedestrian and bicycle oriented affects part but not all of CP-3. The Concept Plan acknowledges the proximity of the Bear Creek Greenway system. The plan generally represents an enhanced local street network and access management improvements that are proposed in IAMP-33. Conclusion 4.1.7.1: Complies. 4.1.8. Conceptual Land Use Plans: A proposal for a UGB Amendment into a designated URA shall include a Conceptual Land Use Plan prepared by the City in collaboration with the Rogue Valley Metropolitan Planning Organization, applicable irrigation districts, Jackson County, and other affected agencies for the area proposed to be added to the UGB as follows: 4.1.8.1. Target Residential Density: The Conceptual Land Use Plan shall provide sufficient information to demonstrate how the residential densities of Section 4.1.5 above will be met at full build-out of the area added through the UGB amendment. Finding: See Finding 4.1.5. Conclusion: Complies. 4.1.8.2. Land Use Distribution. The Conceptual Land Use Plan shall indicate how the proposal is consistent with the general distribution of land uses in the Regional Plan, especially where a specific set of land uses were part of the rationale for designating land which was determined by the Resource Lands Review Committee to be commercial agricultural land as part of a URA Finding: As illustrated in Table 4 the proposed land use distributions in the CP-3 Concept Plan are consistent with those presented in the Regional Plan Element. Conclusion 4.1.8.2: Complies. TABLE 6. CP-3 URBAN RESERVE LAND-USE TYPE COMPARISON* Residential Aggregate Resource Open Space/Parks Employment Total Regional Plan Element 0% (0 Ac) 0% (0 Ac) 0% (0 Ac) 58% (21 Ac) 42% (15 Ac) 100% (36 Ac) CP-3 Concept Plan 5% (1.9 Ac) 0% (0 Ac) 0% (0 Ac) 55% (19.6Ac) 40% (14.5Ac) 100% (36 Ac) * All acreage figures rounded to nearest whole number. CAP060916 Page 93 4.1.8.3. Transportation Infrastructure. The Conceptual Land Use Plan shall include the transportation infrastructure required in Section 4.1.7 above. Finding: The required transportation infrastructure per 4.1.7 is included in the CP-3 Concept Plan (see Finding 4.1.7). Conclusion 4.1.8.3: Complies. 4.1.8.4. Mixed Use/Pedestrian Friendly Areas. For land within a URA, each city shall achieve the 2020 Benchmark targets for employment (Alternative Measure No. 6) as established in the most recently adopted RTP. Finding: The Regional Transportation Plan (RTP) Appendix B, Page 10 lists a 44% mixed-use employment target for new development by 2020. New land use categories in the Conceptual Plan can be adapted to create walkable/mixed use neighborhoods in CP-3. Conclusion 4.1.8.4: Complies. 4.1.9. Conditions. The following conditions apply to specific Urban Reserve Areas: 4.1.9.5 Central Point URA, Gibbon/Forest Acres. Prior to the expansion of the Central Point Urban Growth Boundary into any Urban Reserve Area, the City and Jackson County shall adopt an agreement (Area of Mutual Planning Concern) for the management of Gibbons/Forest Acres Unincorporated Containment Boundary. Finding: The City has coordinated with Jackson County and entered into an Area of Mutual Planning Concern Agreement prior to a UGB expansion into CP-3. Conclusion 4.1.9.5: Complies 4.1.10. Agricultural Buffering. Participating jurisdictions designating Urban Reserve Areas shall adopt the Regional Agricultural Buffering program in Volume 2, Appendix III into their Comprehensive Plans as part of the adoption of the Regional Plan. The agricultural buffering standards in Volume 2, Appendix III shall be adopted into their land development codes prior to a UGB amendment. Finding: CP-3 does not adjoin EFU zoned lands along any of its borders (see Figure 5). Natural buffering occurs along the natural stream channel of Bear Creek and along public rights-of-way. Some buffering has been shown in the Concept Plan in the form of Bear Creek Greenway land use (see Figure 2). During the design/development phase, the City will implement its Agricultural Buffering Ordinance to mitigate potential land use conflicts. Conclusion 4.1.10: Complies. CAP060916 Page 94 4.1.13. Urban Growth Boundary Amendment. Pursuant to ORS 197.298 and Oregon Administrative Rule 660-021-0060, URAs designated in the Regional Plan are the first priority lands used for a UGB amendment by participating cities. Finding: The Regional Plan Element includes a provision that requires adoption of a concept plan prior to urban growth boundary expansion into an urban reserve area. The area coming into the UGB is part of the urban reserve for which this Conceptual Plan has been prepared and therefore complies with the Regional Plan and the priority system of the ORS and OAR. Conclusion 4.1.13: Complies. 4.1.14. Land Division Restrictions. In addition to the provisions of Oregon Administrative Rule 660-021-0040, the following apply to lots or parcels which are located within a URA until they are annexed into a city: 4.1.14.4. Land divisions within a URA shall not be in conflict with the transportation infrastructure identified in an adopted Conceptual Transportation Plan. Finding: The CP-3 Concept Plan was prepared in collaboration with Jackson County and the RVMPO. Policies in the City-County UGBMA ensure continued notification and coordination of infrastructure with proposed land divisions. Conclusion 4.1.14.4: Complies. 4.1.17. Greater Coordination with the RVMPO. The participating jurisdictions shall collaborate with the Rogue Valley Metropolitan Organization (RVMPO) to: 4.1.17.1.Prepare the Conceptual Transportation Plans identified in Section 4.1.7. 4.1.17.2.Designate and protect the transportation infrastructure required in the Conceptual Transportation Plans identified in Section 4.1.7 to ensure adequate transportation connectivity, multimodal use, and minimize right of way costs. 4.1.17.3. Plan and coordinate the regionally significant transportation strategies critical to the success of the adopted Regional Plan including the development of mechanisms to preserve rights-of-way for the transportation infrastructure identified in the Conceptual Transportation Plans; and 4.1.17.4. Establish a means of providing supplemental transportation funding to mitigate impacts arising from future growth. CAP060916 Page 95 Finding: The RVMPO Technical Advisory Committee (TAC) determined that Conceptual Plan CP-3 complies with the Regional Plan Part 3- Goals, Policies and Potential Actions. The TAC voted unanimously to endorse CP-3 and to support its implementation. Conclusion 4.1.17: Complies. 4.1.18. Future Coordination with the RVCOG. The participating jurisdictions shall collaborate with the Rogue Valley Council of Governments on future regional planning that assists the participating jurisdictions in complying with the Regional Plan performance indicators. This includes cooperation in a region-wide conceptual planning process if funding is secured. Finding: The CP-3 Concept Plan was prepared in collaboration with the RVCOG. Conclusion 4.1.18: Complies. 4.1.20. Agricultural Task Force. The Agricultural Task Force shall develop a program to assess the impacts on the agricultural economy of Jackson County arising from the loss of agricultural land and/or the ability to irrigate agricultural land, which may result from Urban Growth Boundary Amendments. The Agricultural Task Force shall also identify, develop and recommend potential mitigation measures, including financial strategies to offset those impacts. Appropriate mitigation measures shall be applied to Urban Growth Boundary Amendment proposals. Finding: The efforts of the County’s Agricultural Task Force were considered in the preparation of this plan. The CP-3 Concept Plan is consistent with the Regional Plan Element, is consistent with the City- County UGBMA (which directs consultation with affected irrigation districts during UGB planning) and is also consistent with new policies found in Jackson County’s Agricultural Lands Element resulting from ATF recommendations. Conclusion 4.1.20: Complies. 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