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HomeMy WebLinkAboutCAP120811Central Point City Hall 664-3321 City Council Mayor Hank Williams Ward I Bruce Dingier Ward II Belly Geiger Ward III Ellie George Ward IV 1~llen Broderick At Large Carol Fischer Isay Harrison CITY OF CENTRAL POINT City Council Meeting Agenda December 8, 2011 Next Res. 1316 Next Ord. No. 1954 L REGULAR MEETING CALLED TO ORDER - 7:00 P.M. IL PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC APPEARANCES V. SPECIAL PRESENTATIONS A. Airport Master Plan Presentation Administration Phil Messina, CitS~ Manager Chris Clayton, 1~ssistant CitS~ Manager Deanna Casey, City Recorder Community Development Department Tom Humphrey, Director Finance Department Bev 1~dams, Director Human Resources Barb Robson, Director Parks and Public Works Department Matt Samitore, Director Jennifer Boardman, Manager Police Department )on Zeliff, Chief VI. CONSENT AGENDA Pg 2 - 4 A. Approval of November 10, 2011 City Council Minutes 5 - 6 B. Approval of Street Closures for Community Christmas VII. ITEMS REMOVED FROM CONSENT AGENDA VIII. BUSINESS 8 A Comprehensive Annual Financial Report (Adams) - - - B. Planning Commission Report (Humphrey) VIII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS 10 - 12 A. Resolution No. , A Resolution to Approve a City of Central Point Municipal Court Amnesty Program (Adams) 14 - 19 B. Resolution No. _, A Resolution Ratifying the Police Collective Bargaining Letter of Agreement and Resulting Collective Bargaining Agreement (Robson) 21 - 23 C. Resolution No. ,Revising the Classification Pay Plan (Robson) 25 - 34 D. Resolution No. , A Resolution Approving an Electric Utility Franchise Agreement Between the City of Central Point and PacifiCorp (Clayton) IX. MAYOR'S REPORT X. CITY MANAGER'S REPORT XI. COUNCIL REPORTS XII. DEPARTMENT REPORTS XIII. EXECUTIVE SESSION The City Council may adjourn to executive session under the provisions of ORS 192.660. Under the provisions of the Oregon Public Meetings Law, the proceedings of an executive session are not for publication or broadcast. XIV. ADJOURNMENT Consent Agenda CAP120811 Page 1 CITY OF CENTRAL POINT City Council Meeting Minutes November 10, 2011 I. REGULAR MEETING CALLED TO ORDER Mayor Williams called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE III. ROLL CALL: Mayor: Hank Williams Council Members: Allen Broderick, Bruce Dingler, Carol Fischer, Kelly Geiger, and Kay Harrison were present. Ellie George was absent. City Manager Phil Messina; City Attorney Paul Nolte; Police Chief Jon Zeliff; Community Development Director Tom Humphrey; Parks and Public Works Director Matt Samitore; and City Recorder Deanna Casey were also present. IV. PUBLIC APPEARANCES V. CONSENT AGENDA A. Approval of City Council Minutes for October 27, 2011, City Council Minutes B. Approval of OLCC Applications for Los Girasoles. Kelly Geiger made a motion to approve the Consent Agenda as presented. Kay Harrison seconded. Roll call: Mayor Williams, yes; Allen Broderick, yes; Bruce Dingler, yes; Carol Fischer, yes; Kelly Geiger, yes; and Kay Harrison, yes. Motion approved. VI. ITEMS REMOVED FROM CONSENT AGENDA VII. BUSINESS A. Comprehensive Annual Financial Report Council was informed that the Annual Financial Report is not ready. Staff will present it at the December 8, 2011 Council meeting. B. Public Outreach -Oregon Senate Bill 111 and Jackson County Deadly Physical Force Plan Police Chief Jon Zeliff stated that the use of deadly physical force by law enforcement personnel, in the performance of their official duties, is a matter of critical importance to both the public, and to the law enforcement community. He explained the reactions, emotions, and subsequent investigations of these critical CAP120811 Page 2 City of Central Point City Council Minutes iVoveniber 10, 2011 Page 2 incidents present a unique mixture of very complex issues with highly probable civil, administrative and criminal consequences. In 2007 the 74t" Oregon Legislative Assembly enacted Senate Bill 111, which created authority in each county to develop a plan concerning use of deadly physical force by police officers. Senate Bill 111 provides a framework for a consistent response to an officer's use of deadly physical force that assures the officer is treated fairly, and promotes public confidence in the criminal justice system. Chief Zeliff presented a copy of the Jackson County Deadly Physical Force Plan that was adopted in 2008. Part of the plan is to educate local officials and the surrounding communities. He played a video called "Interagency Deadly Physical Force Investigations". The video was put together by the State of Oregon in hopes to educate the community on Senate Bill 111. No action is requested by the Council. VIII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. First Reading - An Ordinance Amending Section 2.18.010 of the Central Point Municipal Code to Remove Restrictions on Parks and Recreation Commission Membership Parks and Public Works Director Matt Samitore explained the difficulty that the Parks and Recreation Commission is having getting a quorum to meet and conduct business. Staff is recommending a change in the ordinance to allow no more than two Council members be appointed as Parks and Recreation Commissioners. Currently this is the only committee that specifically states that a Council member may not be appointed. There was discussion about combining the Parks and Recreation Commission and the Arts Commission. There are several committee/commissions that are having problems getting a quorum for meetings. It is very hard for staff and the active members to complete any projects because not enough members attend at the same time. There was a suggestion to move the Arts Commission duties and members to the Citizens Advisory Commission and Parks and Recreation Commission or the Multicultural Committee. Council does not want to take the opportunity away from citizens who may wish to participate in local government. The recommendation is that Council Representatives who attend would have the option to vote if there is not a quorum present. But not actually appoint a Council member officially. Staff will return with recommendations at the December Council meeting. IX. MAYOR'S REPORT CAP120811 Page 3 City of Central Point City Council Minutes iVoveniber 10, 2011 Page 3 Mayor Williams reported that he attended the Medford Water Commission meeting and has several recommendations for their rate study. X. CITY MANAGER'S REPORT City Manager Phil Messina reported that he attended the Fire District 3 Strategic Planning Session. It was a good process and he was pleased to be invited. Staff attended an annual training on Preventing Sexual Harassment. XI. COUNCIL REPORTS Council Members Allen Broderick, Kelly Geiger, and Kay Harrison all reported that they attended the Development Commission Meeting. Council Member Carol Fischer stated that she attended the Community Center Meeting and went to the Ashland Center. She was very impressed with their facility. XII. DEPARTMENT REPORTS Community Development Director Tom Humphrey reported that he attended the MPO Technical Advisory Meeting. He also attended the RVACT meeting there are draft amendments to the transportation planning rule. He met with the Bootcamp businesses. They are still very positive and excited for their future in Central Point. Parks and Public Works Director Matt Samitore reported that there will be a memorial service at the Don Jones Memorial Park on Friday, November 11t" at 9:00 a.m. Flood/Storm Drain Coordinator Stephanie Holtey has been nominated for a National FEMA Committee. XIII. EXECUTIVE SESSION -None XIV. ADJOURNMENT Kay Harrison moved to adjourn, Carol Fischer seconded, all said "aye" and the Council Meeting was adjourned at 8:10 p.m. The foregoing minutes of the November 10, 2011, Council meeting were approved by the City Council at its meeting of December 8, 2011. Dated: Mayor Hank Williams ATTEST: City Recorder Back t0 Agenda CAP120811 Page 4 Parks & Recreation Department Matt Samitore, Director From: Jennifer Boardman, Central Point Parks and Recreation Subject: Street Closure for Community Christmas Date: 11/8/11 SUBJECT: Proposed street and lane closure for Community Christmas. Closure times will be from 4:00-6:30 on 12/9/11. SUMMARY: The Central Point Parks and Recreation in conjunction with local business groups will present the Community Christmas event on December 9, 2011. The actual event will be from 4:30-6:00 and street closure will be for and additional '/~ hour before and after the event. The total time for street/lane closures will be for two hours from 4:00-6:30 pm. The lane closures are done in an effort to reduce the possibility of injury to participants and also ensure that local business groups have access and minimize disruption of their services. Please see attached map to better understand the traffic movement. This closure is the same configuration that was in place last year, which worked very well. RECOMMENDED MOTION: City Council approve the street closure for the Community Christmas event as described in the attached map. Back to Agenda 140 South Third Street Central Point, OR 97502 •541.664.3321 Fax 541.664.6384 CAP120811 Page 5 .~ CAP120811 Page 6 Business Comprehensive Annual Financial Report CAP120811 Page 7 ''~"" L Finance Department ~~ Staff Report ~~ 1 `~1 1 Bev Adams, Finance Director To: Mayor & Council From: Bev Adams, Finance Director Date: December 8, zozz Subject: June 30, zozz Comprehensive Annual Financial Report Background: The completed June 30, 2011 Comprehensive Annual Financial Report (CAFR) will be presented by our city auditor, Chris Dye, CPA. Mr. Dye is from the firm of Johannsen, Dye & Purkeypile, CPA's, located in Medford, Oregon. In addition to the customary audited financial statements, we have completed the Government Finance Officers Association (GFOA) requirements in order to apply for the national award of excellence. If received, this will our fourth sequential year to receive the award. This fiscal year we are also required to have a Single Audit which is in the process of being completed. This addition to the annual audit is required by the federal government whenever an entity receives more than $500,000 in federal funds. This past year, we met that $500,000 threshold due to the loan money we received for the water reservoir project. We anticipate that we will have the Single Audit requirement for at least the next two years until the water reservoir project is completed. A copy of the audit document will be presented to you at the meeting. Please feel free to ask Mr. Dye any questions or address concerns that you may have during his presentation. Note: This item was removed from the November 10t" agenda and rescheduled for presentation at the December 10t" meeting. The financials were not 100% completed in time for the November meeting. Recommended Action: That Mayor and Council accept the June 30, 2011 Comprehensive Annual Financial Report. Return to Agenda CAP120811 Page 8 Resolution Approval of Court Amnesty Program CAP120811 Page 9 Staff Report Finance Department Bev Adams, Finance Director To: Mayor & Council From: Bev Adams, Finance Director Date: December zo, Zoiz Subject: Municipal Court Amnesty Program Background: We would like to once again implement a Municipal Court Amnesty Program beginning January 1, Zo12 through April 30, Zo12. It has been two years now (ZOOS/so fiscal year) since we first offered the program - which was well received by our court "customers" -having 66 people participate in the program resulting in an additional ~23,80o in court revenue. As you may remember, the purpose of the program is of double benefit, both for the citizens and for the City. This is accomplished by encouraging citizens to pay their fines and therefore reinstate their driving license; it reduces outstanding court cases that have been turned overfor collection, and to collect revenues that we may otherwise never receive. During this economic climate, it is a proactive move by the City to pursue collection of delinquent outstanding revenues and at the same time encourage citizens by providing means to "get back on track" if they choose to do so. The City of Central Point currently has 3,789 cases turned over to a collection agency that are in "suspend" status. The total amount of the City's unpaid fines in collection status are X676,123, with additional such as county, state & suspension fees assessed to each fine as well. Approximately X63,304 of these fines are in an "active payment plan" which means they are currently being paid down, with interest owed of X22,458• CAP120811 Page 10 In spite of our best efforts, we know that many of these fines may never be paid. In an ongoing effort to help those citizens with large fines requesting assistance, we will at times reduce the interest on the fine, and sometimes the fine itself, determined on a case to case basis. Many times, without some relief, many of these payments would not be collected at all. Through an amnesty program we can publicize and offer assistance to all court customers, giving them the opportunity to clear up old debts as well as boost the court revenues for the City. Recommended Action: That Council approve the City of Central Point Amnesty Program per attached resolution. CAP120811 Page 11 RESOLUTION NO. A RESOLUTION TO APPROVE A CITY OF CENTRAL POINT MUNICIPAL COURT AMNESTY PROGRAM RECITALS: A. The City of Central Point Municipal Court currently has approximately 3,78g active suspension requests with the Oregon Department of Motor Vehicles. B. In an effort to assist and encourage citizens to reinstate their driver's license, the City of Central Point Municipal Court wishes to participate in an Amnesty Program to be in effect from January i, Zoi2 through April 30, Zoi2. C. During this program, any citizen paying an outstanding assessment in full will receive a 25% discount on the fine being paid and 50% discount on the interest assessed to the fine in cases with suspension and/or collection action against them. D. The Amnesty Program shall be advertised through local media and other sources available to reach as many defendants as possible. THE CITY OF CENTRAL POINT RESOLVES: Section is That the City of Central Point Municipal Court be granted approval to establish an Amnesty Program forthe period of January i, Zoi2 through April 30, Zoi2. Passed by the Council and signed by me in authentication of its passage this the day of December, zoii. Hank Williams, Mayor ATTEST: Deanna Casey, City Recorder Return to Agenda CAP120811 Page 12 Resolution Ratifying the Police Collective Bargain Letter of Agreement CAP120811 Page 13 ~""". ~~"""'~""" L Administration.. Department Staff Report ~~ ~ / Phil Messina, City Administrator Chris Clayton, Assistant City Administrator ~~`~'~' Deanna Casey, City Recorder Barb Robson, Human Resources Director TO: Honorable Mayor and City Council FROM: Barbara Robson, Human Resources Director AGENDA DATE: December 8, 2011 SUBJECT: Ratification of Police Collective Bargaining Agreement HISTORY: In 2007 the Police bargaining unit and City Council ratified athree-year collective bargaining agreement. That agreement expired June 30, 2010. In April, 2010, the Union and City agreed to an eighteen-month extension to the bargaining agreement with a new expiration date of December 31, 2011 but with a provision for a wage reopener in July 2011. Following a reorganization of the police department in 2010 and subsequent change in the shift schedule of patrol officers, the Union filed three grievances -two of which had been scheduled for arbitration. During negotiations for the wage reopener, the parties reached a tentative agreement on November 8, 2011. A Letter of Agreement detailing the tentative agreement was ratified by the Union. PROPOSAL: It is proposed that the Council ratify the bargained agreement. The terms detailed in the Letter of Agreement are: the collective bargaining agreement is extended through June 30, 2013; the salary schedule is increased by 3% retroactive to July 1, 2011; language changes consistent with the reorganized department structure; revised language to address shift scheduling parameters; a COLA on July 1, 1012 based on the CPI-W (Jan 2011-Jan 2012) with a 1% minimum and 5% maximum; and the Union agrees to withdraw the three pending grievances. FISCAL IMPACT: The annual cost of the 3% salary increase is approximately $29,000 plus "roll ups." The cost of defending the three grievances is unknown, but potentially greater than $29,000. The police bargaining unit employees did not receive a COLA increase in 2010. RECOMMENDED MOTION: Motion to approve Resolution No. , A Resolution Ratifying the Police Collective Bargaining Letter of Agreement and resulting Collective Bargaining Agreement. ATTACHMENTS: Letter of Agreement between City of Central Point and Teamsters Local 223 (Police) CAP120811 Page 14 LETTER OF AGREEMENT PARTIES City of Central Point, hereinafter called "City" Teamsters Local No. 223 (Police), hereinafter called "Union" RECITALS A. City and Teamsters are parties to a Labor Agreement representing Police Department employees for the period beginning July 1, 2010, and ending December 31, 2011. B. In accordance with a Letter of Agreement executed April 9, 2010, parties re-opened the Labor Agreement on June 1, 2011 to bargain acost-of-living adjustment to be effective July 1, 2011. C. Parties agreed to combine wage re-opener with three pending grievances filed by the Union over work schedule changes and Police Department reorganization. D. The parties have negotiated a settlement and desire to reduce their agreement in writing. AGREEMENT For and in consideration of the promises and obligations on the part of each party to be performed, the parties agree as follows: A. The foregoing recitals are contractual and by their reference are incorporated herein as if set out in full. B. Union agrees to withdraw its pending grievances, referred to as the Work Schedule Implementation Grievance (filed November 16, 2010), the Police Department Reorganization Grievance (filed January 11, 2011), and the Overtime Grievance (filed February 16, 2011). C. All of the provisions of the July 1, 2007 -June 30, 2010 Collective Bargaining Agreement between the parties and the provisions of the Letter of Agreement executed April 9, 2010 which extended the labor agreement between the parties to December 31, 2011 shall be further extended to June 30, 2013 with the exception of the modifications listed below. D. Effective July 1, 2011, the salary schedule shall be increased by three (3) percent. E. Section 1.2 Bargaining Unit Classifications shall be modified to read as follows: The bargaining unit covers the classifications of Police Detective, Police School Resource Officer (SRO), Police Officer, Master Police Officer, Community Services Officer, and Police Support Specialist. E. Section 9.3.2 Shift Rotations shall be modified to read as follows: CAP120811 Page 15 Shift selection shall be by job classification seniority with each Police Officer and Master Police Officer having to bid/work at least two different shifts per year. For the purposes of bidding, the Police Chief shall designate each shift as either a "day" or "night" shift. Probationary Police Officers may be assigned shifts, starting times and days off at the discretion of the City. To the extent possible, shift bidding will occur in the month of November for three (3) four-month rotations during the following calendar year. Additionally, to the extent possible, employees shall be given at least seven (7) calendar days advance notice of any change in their work schedule when the change is required by the City. F. Section 11.1 Work Week and Work Cycle shall be modified to read as follows: Work Week and Work Cycle. The basic work cycle shall be determined by job classification and/or assignment. G. Section 11.1.1 Detectives shall be modified to read as follows: The basic workweek shall be from 12:01 A.M. Sunday through midnight Saturday and shall consist of forty (40) hours during the seven (7) day period. The regular work cycle shall consist of ten (10) consecutive hours for four (4) consecutive days followed by three (3) consecutive days off. H. Section 11.1.2 School Resource Officer, Police Support Specialists, Community Services Officer, and Information Technology Coordinator shall have the reference to the Information Technology Coordinator removed from the section title and shall be modified to read as follows: The basic workweek shall be from 12:01 A.M. Sunday through midnight Saturday and shall consist of forty (40) hours during the seven (7) day period. The regular work cycle shall consist of eight (8) hours per day for five consecutive days, followed by two (2) consecutive days off, or ten (10) hours per day for four (4) consecutive days, followed by three (3) consecutive days off, as scheduled by the City. Section 11.1.3 Patrol Officers, Corporals and Sergeants shall be changed to Patrol Officers and Master Police Officers and modified to read as follows: At the discretion of the Chief, the regular work cycle shall consist of eight (8) hours per day for five consecutive days followed by two (2) consecutive days off, or ten (10) hours per day for four (4) consecutive days followed by three (3) consecutive days off, or twelve (12) hours per day. If a regular twelve- (12) hour work day schedule is implemented by the City, employees shall be scheduled for at least three (3) consecutive days off during each work week that shall be the same three days off each week. For the purposes of implementation of any regular twelve- (12) hour schedule the parties adopt a "7k" exemption. Changes to the regular work cycle shall be posted at least sixty (60) days in advance. J. Section 11.3 Overtime shall be modified to read as follows: Overtime shall be paid to non-sworn bargaining unit members for all hours worked in excess of forty (40) hours during the basic work week or in excess of a regular scheduled workday as defined in 11.1 and 11.2. Sworn employees shall receive overtime compensation when required to work in excess of the normal workday of eight (8), ten (10), or twelve (12) hours during regularly scheduled workdays as defined in 11.1 and 11.2, or more than forty (40) hours in a work week for those scheduled to work eight (8) or ten (10) hour days. 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. K. Section 14.2 Field Training Officer shall be modified to read as follows: CAP120811 Page 16 In the event a Police Officer, Detective or School Resource Officer is assigned as a Field Training Officer for a continuous period of at least forty (40) work hours, the employee shall receive an additional five percent (5%) on their base pay rate during the assignment as a Field Training Officer. In the event another employee is assigned to substitute for an FTO for at least forty (40) hours, the other employee shall receive a proportional amount of the five percent (5%) differential. In no event shall FTO pay exceed the total amount of paid work days per month, nor shall an employee receive FTO pay during any period in which no trainee is assigned to that officer. It is understood that the Field Training Officer responsibility is incorporated within the job duties of Master Police Officer and, therefore, this Section does not apply to Master Police Officers. L. Section 14.5 High Tech Crimes Task Force Supervisor shall be deleted. M. Section 14.7.1 Officer in Charge shall be modified to read as follows: For every hour or portion thereof, but 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 Master Police Officer and with the express authorization of the Chief of Police, Captain or authorized designee thereof, the officer shall receive five percent (5%) additional compensation 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 multiplied by any incentive pay plus assignment pay multipliers, multiplied by five percent (5%). This section does not apply to Master Police Officers. N. Section 14.7.3 All Other Assignments shall be modified to read as follows: When a bargaining unit employee serves in the capacity of another employee in any assignment other than Officer in Charge for more than one (1) work week but less than four (4) weeks, and with the express authorization of the Chief of Police, Captain or authorized designee thereof, and the employee is performing a substantial amount of work associated with the other assignment, the employee shall receive additional compensation at a pay rate calculated as follows: the (acting) employee's hourly base pay according to the current pay scale, multiplied by five percent (5%), multiplied by any incentive or assignment pay. The additional pay shall only be granted when the employee has served in the capacity of the other employee for more than one week and shall not be paid for the first week. For example: if Employee A fills in for Employee B for two (2) weeks, Employee B would receive additional compensation for only the second week. O. Appendix A shall be modified to replace the word "Corporal" with "Master Police Officer" and to delete the reference to "Sergeant". P. No later than February 1, 2012, a patrol shift schedule in compliance with paragraph "I" above (the modified Section 11.1.3) shall be implemented by the City. Q. Effective July 1, 2012, the salary schedule shall be adjusted by a percentage equal to the average annual increase in the U.S. All Cities C.P.I.-W (Jan 2011 to Jan 2012) with a minimum of 1 % and a maximum of 5%. R. The aforementioned modifications along with all otherwise non-modified provisions of the current collective bargaining agreement shall be extended ("rollover") for eighteen (18) months and expire June 30, 2013. S. Upon execution of this Agreement, the City shall incorporate the aforementioned modifications into document form as the Collective Bargaining Agreement between the parties between January 1, 2012 and June 30, 2013. CAP120811 Page 17 In executing this Agreement, the parties acknowledge that: they have had an opportunity to review and receive advice on the terms of this Agreement. 2. they are entering into this Agreement voluntarily and with full knowledge of the facts for the purpose of making a full, final and complete settlement. Agreed to on this day of November, 2011. For the City: For the Union: Phil Messina, City Administrator Brent Jensen, Labor Representative To Staff Report To Resolution Return to Agenda CAP120811 Page 18 RESOLUTION NO. A RESOLUTION RATIFYING THE POLICE COLLECTIVE BARGAINING LETTER OF AGREEMENT and AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENTS RECITALS: A. The City of Central Point has a fundamental interest in the development of harmonious and cooperative relationships between the City and its employees; and B. The City recognizes the rights of public employees to organize under ORS 243; and C. The current police collective bargaining agreement contains a provision for a wage reopener on July 1, 2011; and D. The police collective bargaining agreement expires December 31, 2011 and a tentative agreement has been reached on a successor agreement; The City of Central Point resolves: Section 1. That the City Council of the City of Central Point, Oregon does hereby ratify the negotiated changes and revisions to the collective bargaining agreement between the City of Central Point and Teamsters Local 223 covering Police employees, as set forth in a Letter of Agreement, and Section 2. The City Council authorizes the Mayor and City Manager to sign the Letter of Agreement and resulting collective bargaining agreement. Passed by the Council and signed by me in authentication of its passage this day of , 20 Mayor Hank Williams ATTEST: Return to Agenda City Recorder CAP120811 Page 19 Resolution Approving Pay Plan updates CAP120811 Page 20 ~""". ~~"""'~""" L Administration.. Department Staff Report ~~ ~ / Phil Messina, City Administrator Chris Clayton, Assistant City Administrator ~~`~'~' Deanna Casey, City Recorder Barb Robson, Human Resources Director TO: Honorable Mayor and City Council FROM: Barbara Robson, Human Resources Director AGENDA DATE: December 8, 2011 SUBJECT: Resolution No. , A Resolution Revising the Classification Pay Plan HISTORY: Resolution No. ratifies and adopts the revised Classification Pay Plan. PROPOSAL: The proposed revised pay plan reflects changes resulting from negotiated collective bargaining agreements. Part A of the pay plan (General Service Bargaining Unit) reflects the 1% increase ratified by the Council in August 2011. Additionally, the list of classification titles has been updated. Part B of the pay plan (Police Bargaining Unit) reflects 3% increase bargained in November 2011. This change is contingent upon the Council the Letter of Agreement between the City and the Teamsters Local 223 (Police). Part B also reflects the moving of the IT Specialist position from the Police bargaining unit into the General Service Bargaining unit, which occurred with the ratification of the General Service collective bargaining agreement and associated Letters of Agreement in August 2011. Part C of the pay plan (Exempt, Non-Bargaining Unit, Management Positions) reflects no change in salaries. The IT Manager position approved by the council July 2011 was added and the classification title for the Assistant City Manager was updated. RECOMMEND MOTION: Motion to approve Resolution , A Resolution Revising the Classification Pay Plan. ATTACHMENTS: Classification Pay Plan (attached to resolution) CAP120811 Page 21 RESOLUTION NO. A RESOLUTION REVISING THE CLASSIFICATION PAY PLAN RECITALS: A. Chapter 2.48 of the Central Point Code authorizes and directs the City Council to adopt rules relating to personnel matters, and the City Council has, by Resolution Number 1085, adopted and revised such rules, including the Classification Pay Plan; and B. Policy#5.2.3 of the Personnel Policies and Procedures provide that the Council shall, by resolution, adjust the salaries and rates of compensation and benefits for all City officers and employees; and C. the City Council deems it to be in the best interest of the City to make revisions to the Classification Pay Plan that reflect recent bargained rates of compensation. The City of Central Point resolves: Section 1. The Classification Pay Plan for full time bargaining unit and management employees, as attached, is hereby ratified and adopted. Passed by the Council and signed by me in authentication of its passage this day of , 20 Mayor Hank Williams ATTEST: City Recorder Return to Agenda CAP120811 Page 22 Classification Pay Plan Effective 07/01/2011 Part A: General Service Bargaining Unit Positions Classification Title Grade Step A Step B Step C Step D Step E Step F Grade 2-3 GS2-3 2,564 2,693 2,827 2,969 3,117 3,273 Utility Maintenance 1 Grade 4 GS4 2,798 2,938 3,085 3,239 3,401 3,571 Business License Account Clerk Parks Maintenance Worker Parks Support Specialist Planning Support Specialist Public Works Support Specialist Purchasing Account Clerk Utility Billing Account Clerk Utility Maintenance 2 Grade 5 GS5 3,145 3,302 3,467 3,641 3,823 4,014 Accounting Specialist Customer Service Technician Equipment Maint/Fabrication Technician Municipal Court Clerk Recreation Programs Coordinator Utility Maintenance 3 Grade 6 GS6 3,483 3,657 3,840 4,032 4,234 4,446 Engineering Technician - GIS Enginnering Technician -Field Parks Lead - Mainenance; Contracts Recreation Coordinator: Special Events/Mktg Utility Maintenance Lead -Streets; Water Grade 7 GS7 3,838 4,030 4,232 4,443 4,666 4,899 Community Planner Flood Plain/Storm Water Coordinator Grade 8 GS8 4,294 4,509 4,734 4,971 5,220 5,481 Information Technology Specialist Grade 9 GS9 4,767 5,005 5,255 5,518 5,794 6,084 Building Official/Inspector/Supervisor Part B: Police Bargaining Unit Positions Classification Title Grade Step A Step B Step C Step D Step E Police Support Specialist P110 2,812 2,953 3,101 3,256 3,419 Community Services Officer P117 2,984 3,133 3,290 3,455 3,628 Police Officer P145 3,825 4,016 4,217 4,428 4,649 Police Officer -Detective/SRO P145a 4,016 4,217 4,428 4,649 4,881 Master Police Officer P150 4,230 4,442 4,664 4,897 5,142 Part C: Exempt, Non-Bargaining Unit, Management Positions Classification Title Band Minimum - Maximum Accountant (non-exempt, confidential) I 4,150 5,400 City Recorder I 4,150 5,400 Police Lieutenant (non-exempt) II 5,125 6,560 Parks & Recreation Manager II 5,125 6,560 Public Works Operations Manager II 5,125 6,560 Police Captain III 6,000 8,000 Information Technology Manager III 6,000 8,000 Human Resources Director III 6,000 8,000 Assistant City Manager IV 6,500 8,500 Department Director (CD, FIN, PPW) IV 6,500 8,500 Police Chief V 6,500 8,750 to Council for approval 12/8/2011 CAP120811 Page 23 Resolution Approving Pacific Power Franchise Agreement CAP120811 Page 24 CL p~~ T ADMINISTRATION DEPARTMENT 140 South 3`d Street Central Point, OR 97502 (541) 664-7602 www.centralpointoregon.gov STAFF REPORT December 8t", 2011 AGENDA ITEM: Electrical Utility Franchise Agreement Consideration of Resolution No. Recommending adoption of an Electric Utility Franchise Agreement between the City of Central Point and PacifiCorp. STAFF SOURCE: Chris Clayton, Assistant City Manager BACKGROUND: The existing Electric Utility Franchise Agreement between the City of Central Point and PacifiCorp is scheduled to expire January 15`, 2012. The City and PacifiCorp have negotiated numerous franchise agreement revisions including: a definition of public ways; 10 year agreement term; updated standard language; electronic mapping requirements; ability to increase compensation with 60 day notice; utility permitting requirements; etc. FISCAL IMPACTS: The expiring Electric Utility Franchise Agreements sets the City's compensation level at 5% of PacifiCorp's gross revenue collected within Central Point's incorporated limits. Many cities in Oregon have recently renewed their Electric Utility Franchise Agreements with compensation levels at 7% of PacifiCorp's gross revenues. With this in mind, the City Council should consider a compensation level increase of 2%. A compensation level increase of 2% would equate to the following: 1. $249,570 in additional revenue projected in 2012. 2. Additional revenue would offset current streetlight electrical generation costs of $145,000 annually (currently allocated from street fund). 3. The streetlight offset would allow for an additional $145,000 in annual street fund capital expenditures (i.e. overlays, sidewalk repair, grant match, etc.). 4. The remaining $104,570 in additional revenue would be allocated as general fund revenue by the budget committee/city council during the 2012 budget process. 5. The offset of streetlight electrical generation costs would reduce existing budgetary pressure on the street fund and mitigate the need for a street utility fee increase over the next 2-3 budget cycles. 6. Regardless of how the non-earmarked (streetlight offset) additional revenue was allocated during the budget process, any increase in general fund revenue will minimize the need for a property tax rate increase in the immediate future. CAP120811 Page 25 FINDINGS: 1. PacifiCorp is a regulated public utility that provides electric power and energy to the citizens of Central Point. Electric distribution to Central Point citizens requires the installation, operation and maintenance of power poles and other related facilities to be located within Central Point public rights of way. 3. PacifiCorp has requested a nonexclusive franchise to construct, install, maintain, extend and operate an electric utility in the City as designated in this agreement (attachment B). 4. The City desires to set forth the terms and conditions by which PacifiCorp may use the rights of way within the City. 5. The City of Central Point and PacifiCorp have agreed to terms as designated in the proposed agreement. ATTACHMENTS: Electrical Franchise Resolution. Electrical Utility Franchise Agreement between the City of Central Point and PacifiCorp. RECOMMENDATION: Approve Resolution No. Adopting an Electric Utility Franchise Agreement between the City of Central Point and PacifiCorp. Return to Agenda CAP120811 Page 26 RESOLUTION NO. A Resolution Approving an Electric Utility Franchise Agreement Between the City of Central Point and PacifiCorp RECITALS: A. The existing ten-year electric utility franchise granted by the City to PacifiCorp expires January 1, 2012. B. The City and PacifiCorp desire to extend the franchise for an additional ten years on the terms and conditions set forth in the attached franchise agreement The City of Central Point resolves: Section 1. The attached franchise agreement between the City of Central Point and PacifiCorp dba Pacific Power is approved and the Mayor is authorized to execute the agreement on behalf of the City. Passed by the Council and signed by me in authentication of its passage this day of , 20 Mayor Hank Williams ATTEST: City Recorder Return to Agenda CAP120811 Page 27 Electric Utility Franchise Agreement Between the City of Central Point and PacifiCorp This Utility Franchise Agreement (the "Franchise" or "Agreement") is entered into by City of Central Point (the "City") and PacificCorp dba Pacific Power (""). SECTION 1. Grant of Franchise and General Utility Easement. The City hereby grants to PacifiCorp the right, privilege and authority to constnut, maintain, operate, upgrade, and relocate its electrical distribution aiid transmission lines aiid related appurtenances, including underground conduits and structures, poles, towers, wires, guy anchors, vaults, transformers, transmission lines, and communication lines (collectively referred to herein as "Electric Facilities") in, under, along, over and across the present and future streets, alleys, and public ways (collectively referred to herein as "Public Ways") within the City, for the purpose of supplying and. transmitting electric power and. energy to the inhabitants of the City and persons and corporations beyond the limits thereof. SECTION 2. Term. The term of this Franchise aiid General Utility Easement is for ten (10) years commencing on the date of acceptance by the Company as set forth in Section 3 below. SECTION 3. Intentionally Deleted.. SECTION 4. Non-Exclusive Franchise. The right to use and. occupy the Public Ways of the City shall be nonexclusive and. the City reserves the right to use the Public Ways for itself or any other entity that provides water, sewerage, or City-owned telecommunications services to City residences; provided, however, that such use shall not unreasonably interfere with PacifiCorp's Electric Facilities or PacifiCorp's rights granted. herein. SECTION 5. City Regulatory Authority. In addition to the provision herein contained, the City reserves the right to adopt such additional ordinances and regulations as may be deemed necessary in the exercise of its police power for the protection of the health, safety aiid welfare of its citizens and their properties or exercise airy other rights, powers, or duties required or authorized, under the Constitution of the State of Oregon, the laws of Oregon or City Ordinances. SECTION 6. Indemnification. The City shall in no way be liable or responsible for any loss or damage to property or any injury to, or death, of any person that may occur in the construction, operation or maintenance by PacifiCorp of its Electric Facilities. PacifiCorp shall indemnify, defend aiid hold the City harmless from aiid against claims, demands, liens and all liability or damage of whatsoever kind on account of PacifiCoip's use of the Public Ways within the City, and shall pay the costs of defense plus reasonable attorneys' fees for any claim, demand or lien brought thereunder. The City shall: (a) give prompt written notice to PacifiCorp of any claim, demand. or lien with respect to which the City seeks indemnification hereunder; and (b) unless in the City's judgment a conflict of interest exists between the City and PacifiCorp with respect to CAP120811 Page 28 such claim, demand or lien, permit PacifiCorp to assume the defense of such claim, demand, or lien with counsel satisfactory to City. If such defense is not assumed by PacifiCorp, PacifiCoip shall not be subject to liability for any settlement made without its consent. Notwithstanding any provision hereof to the contrary, PacifiCorp shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien arises out of or in connection with any negligent or willful act or failure to act of the City or any of its officers or employees. SECTION 7. Annexation. 7.1 Extension of City Limits. Upon the annexation of any territory to the City, the rights granted. herein shall extend. to the annexed. territory to the extent the City has such authority. All Electrical Facilities owned, maintained, or operated by PacifiCorp located within any public ways of the annexed territory shall thereafter be subject to all of the terms hereof. 7.2 Annexation. When any territory is approved for annexation to the City, the City shall, not later than ten (10) working days after passage of an ordinance approving the proposed annexation, provide by certified mail to PacifiCorp: (a) each site address to be annexed as recorded. on county assessment and. tax rolls; (b) a legal description of the proposed boundary change; and (c) a copy of the City's ordinance approving the proposed annexation. The notice shall be mailed to: PacifiCorp Customer Contact Center P.O. Box 400 Portland, Oregon 97202-0400 With a copy to: PacifiCorp Attn: Office of the General Counsel 825 N.E. Multnomah, Suite 2000 Portland, Oregon 97232 Additional or increased fees or taxes, other than ad valorem taxes, imposed on PacifiCorp as a result of an annexation of territory to the City shall become effective on the effective date of the annexation provided notice is given to PacifiCoip in accordance with ORS 222.005, as amended. from time to time. SECTION 8. Planning, Design, Construction and Installation of Company Facilities. 8.1 All Electric Facilities installed. or used under authority of this Franchise shall be used, constnuted and maintained in accordance with applicable federal, state and city laws, codes and regulations. 8.2 Except in the case of air emergency, PacifiCorp shall, prior to commencing new construction or major reconstnution work in the public way or street or other public places, apply for a permit from the City and pay associated fees, which permit shall not be unreasonably withheld, conditioned, or delayed. PacifiCorp will abide by all applicable ordinances and all CAP120811 Page 29 reasonable rules, regulations and requirements of the City, and the City may inspect the manner of such work and require remedies as may be necessary to assure compliance. Notwithstanding the foregoing, PacifiCorp shall not be obligated to obtain a permit to perform emergency repairs. 83 All Electric Facilities shall be located so as to cause minimum interference with the Public Ways of the City aiid shall be constructed, installed, maintained, cleared of vegetation, renovated or replaced in accordance with applicable riles, ordinances aiid regulations of the City. 8.4 If, during the course of work on its Electrical Facilities, PacifiCorp causes damage to or alters the Public Way or public property, PacifiCoip shall (at its ov~ni cost aiid expense aiid in a manner approved by the City) replace and restore it to a condition comparable to that which existed before the work commenced. 8.5 In addition to the installation of underground. electric distribution lines as provided by applicable state law and regulations, PacifiCorp shall, upon payment of all charges provided in its tariffs or their equivalent, place newly constructed electric distribution lines underground as may be required by City ordinance. 8.6 The City shall have the right without cost to use all poles and suitable overhead structures owned by PacifiCorp within Public Ways for City wires used. in connection with its fire alarms, police signal systems, wireless facilities or other comnnuucation lines used for governmental purposes; provided, however, any such uses shall be for activities owned, operated or used by the City for a public purpose and shall not include the provision of CATV, Internet, or similar services to the public. Provided further, that PacifiCoip shall assume no liability nor shall it incur, directly or indirectly, airy additional expense in comiection therewith, aiid the use of said poles and stnutures by the City shall be in such a manner as to prevent safety hazards or interferences with PacifiCorp's use of same. Nothing herein shall be constn~ed to require PacifiCoip to increase pole size, or alter the maimer in which PacifiCorp attaches its equipment to poles, or alter the maimer in which it operates aiid maintains its Electric Facilities. City attachments shall be installed and maintained in accordance with the reasonable requirements of PacifiCorp and the current edition of the National Electrical Safety Code pertaining to such construction. Further, City attachments shall be attached or installed only after written approval by PacifiCorp. 8.7 PacifiCorp shall have the right to excavate the Public Ways subject to reasonable conditions and requirements of the City. Before installing new underground. conduits or replacing existing underground conduits, PacifiCoip shall first notify the City of such work aiid shall allow the City, at its own expense, to share the trench of PacifiCorp to lay its own conduit therein, provided that such action by the City will not unreasonably interfere with PacifiCorp's Electric Facilities or delay project completion. 8.8 Before commencing any street improvements or other work within a Public Way that may affect PacifiCorp's Electric Facilities, the City shall give written notice to PacifiCorp. CAP120811 Page 30 8.9 No stnutures, buildings or signs shall be erected below PacifiCorp's facilities or in a location that prevents PacifiCorp from accessing or maintaining its facilities. 8.10 PacifiCorp shall provide the City with a report of all new services created within City boundaries on a quarterly basis during the term of this Franchise. The City shall provide written confirmation of the accuracy of the report alid/or any corrections thereto to PacifiCorp within a reasonable time following receipt of the report. 8.11 PacificCorp shall provide as-builts and electronicmaps of newly installed or recently upgraded. facilities. As-built information should be submitted. in a format acceptable to the City. SECTION 9. Relocation of Electric Facilities. 9.1 The City reserves the right to require PacifiCorp to relocate overhead. Electric Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within a reasonable period of time after written notice, PacifiCorp shall promptly commence the overhead relocation of its Electrical Facilities. Before requiring a relocation of Electric Facilities, the City shall, with the assistance aiid consent of PacifiCorp, identify a reasonable alignment for the relocated Electric Facilities within the Public Ways of the City. The City shall assign or otherwise transfer to Company all right it may have to recover the cost for the relocation work and. shall support the efforts of PacifiCorp to obtain reimbursement. lii cases of capital improvement projects undertaken by the City, PacifiCorp shall convert existing overhead distribution facilities to underground, so long as PacifiCorp is allowed to collect the costs associated with conversion from overhead to underground distribution facilities consistent with OAR 860-022-0046, the Oregon Public Utility Commission rule on forced. conversions. 9.2 PacifiCorp shall not be obligated to pay the cost of any relocation that is required or made a condition of a private development. If the removal or relocation of facilities is caused. directly or otherwise by aii identifiable development of property in the area, or is made for the convenience of a customer, PacifiCorp may charge the expense of removal or relocation to the developer or customer. For example, PacifiCorp shall not be required to pay relocation costs in connection with a road. widening or realignment where the road project is made a condition or caused by a private development. lii such event, the City shall require the developer to pay PacifiCorp for such relocation costs as part of its approval procedures. SECTION 10. Subdivision Plat Notification. Before the City approves any new subdivision and before recordation of the plat, the City shall mail notification of such approval and a copy of the plat to PacifiCorp: PacifiCorp Attn: Property Management/Right-of-Way Department 825 N.E. Multnomah, Suite 1700 Portland, Oregon 97232 CAP120811 Page 31 SECTION 11. Vegetation Management. PacifiCorp or its contractor may pnme all trees and vegetation which overhang the Public Ways, whether such trees or vegetation originate within or outside the Public Ways, to prevent the branches or limbs or other pant of such trees or vegetation from interfering with PacifiCorp's Electrical Facilities. Such pruning shall comply Wlth the AI??C'1"1CL11? NCltl01?Cl~ .S'tCll?G~Lll"G~ f01" T1"C?C' ~~Cll"C' ~~jJC'1"gt101? (~.SI A.3UU Lll?G~ Tl?C' ~~lh' Of~ C'erzt~•czl Point ~St~•eet Tree Plczrz) aiid be conducted under the direction of air arborist certified with the International Society of Arboriculture. A growth inhibitor treatment may be used. for trees and vegetation species that are fast-growing and problematic. Nothing contained in this Section shall prevent PacifiCorp, when necessary and with the approval of the owner of the property on which they may be located, from cutting dov~ni aiid removing airy trees which overhang streets. SECTION 12. Compensation. 12.1 lii consideration of the rights, privileges, aiid franchise hereby granted, PacifiCorp shall pay to the City from and after the effective date of the acceptance of this franchise, percent (%) of its gross revenues derived from within the corporate limits of City. The term "gross revenue" as used herein shall be constn~ed to mean any revenue of PacifiCorp derived from the retail sale and use of electric power and. energy within the municipal boundaries of the City after adjustment for the net write-off of uncollectible accounts and. corrections of bills theretofore rendered. All amounts paid under this Section 12 shall be subject to review by the City; provided that only payments which occurred during a period of thirty-six (36) months prior to the date the City notifies PacifiCorp of its intent to conduct a review shall be subject to such review. Notwithstanding any provision to the contrary, at airy time during the term of this Franchise, the City may elect to increase the franchise fee amount as may then be allowed by state law. The City shall provide PacifiCorp with prior written notice of such increase following adoption of the change in percentage by the City. The increase shall be effective sixty (60) days after City has provided. such written notice to PacifiCorp. 12.2 The franchise fee shall not be in addition to any other license, occupation, franchise or excise taxes or charges which might otherwise be levied or collected by the City from PacifiCorp with respect to PacifiCorp's electric business or the exercise of this franchise within the corporate limits of the City and. the amount due to the City under any such other license, occupation, franchise or excise taxes or other charges for corresponding periods shall be reduced by deducting there from the amount of said franchise fee paid hereunder. SECTION 13. Renewal. At least 120 days prior to the expiration of this Franchise, PacifiCoip and the City shall agree to either extend the term of this Franchise for a mutually acceptable period of time or the parties shall use best faith efforts to renegotiate a replacement Franchise. PacifiCorp shall have the continued right to use the Public Ways of the City as set forth herein in the event an extension or replacement Franchise is not entered. into upon expiration of this Franchise. SECTION 14. No Waiver. Neither the City nor PacifiCorp shall be excused. from complying with airy of the terms aiid conditions of this Franchise by airy failure of the other, or airy of its officers, employees, or agents, upon any one or more occasions to insist upon or to seek compliance with any such terms and conditions. CAP120811 Page 32 SECTION 15. Transfer of Franchise. PacifiCorp shall not transfer or assign any rights under this Franchise to another entity, except transfers uid assignments by operation of law, unless the City shall first give its approval in writing, which approval shall not be unreasonably withheld; provided, however, inclusion of this Franchise as property subject to the lien of PacifiCorp's mortgage(s) shall not constitute a transfer or assignment. SECTION 16. Amendment. At airy time during the term of this Franchise, the City, through its City Council, or PacifiCorp may propose amendments to this Franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired, and both parties thereafter, through their designated representatives, will, within a reasonable time, negotiate in good. faith in an effort to agree upon mutually satisfactory amendment(s). No amendment or amendments to this Franchise shall be effective until mutually agreed upon by the City and PacifiCorp and formally adopted as an ordinance amendment. SECTION 17. Non-Contestability--Breach of Contract. 17.1 Neither the City nor PacifiCorp will take any action for the purpose of securing modification of this Franchise before either the Oregon Public Utility Commission or any Court of competent jurisdiction; provided, however, that neither shall be precluded from taking any action it deems necessary to resolve difference in interpretation of the Franchise nor shall PacifiCorp be precluded from seeking relief from the Courts in the event Oregon Public Utility Commission orders, roles or regulations conflict with or make performance under the Franchise illegal. 17.2 In the event PacifiCorp or the City fails to fulfill any of their respective obligations under this Franchise, the City, or PacifiCorp, whichever the case may be, will have a breach of contract claim aiid remedy against the other in addition to airy other remedy provided by law, provided. that no remedy which would. have the effect of amending the specific provisions of this Franchise shall become effective without such action which would be necessary to formally amend the Franchise. SECTION 18. Notices. Unless otherwise specified herein, all notices from PacifiCorp to the City pursuant to or concerning this Franchise shall be delivered to the City Recorder's Office. Unless otherwise specified herein, all notices from the City to PacifiCorp pursuant to or concerning this Franchise shall be delivered. to the Customer and Community Affairs Vice President, Pacific Power, 825 NE Multnomah, Lloyd Center Tower Suite 2000, Portland, Oregon 97232, and such other office as PacifiCorp may advise the City of by written notice. SECTION 19. Severability. If airy section, sentence, paragraph, term or provision hereof is for any reason determined to be illegal, invalid, or superseded by other lawful authority including any state or federal regulatory authority having jurisdiction thereof or unconstitutional, illegal or invalid by any court of common jurisdiction, such portion shall be deemed a separate, distinct, and. independent provision and. such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in fall force and effect for the term of the Franchise or any renewal or renewals thereof. F, CAP120811 Page 33 Approved by the Council resolution number this day of 20 Mayor Hank Williams Central Point City Manager Phil Messina ATTEST: City Recorder PacifiCorp Authorized Representative Return t o Resolution Return to Agenda CAP120811 Page 34