HomeMy WebLinkAboutCAP081414CITY OF CENTRAL POINT
Central Point
City Council Meeting Agenda
City Hall
August 14, 2014
541-664-3321
City Council
Next Res. 1406
Mayor
Next Ord. 1992
Hank Williams
Ward
I. REGULAR ME ETI NG CALLE D TO ORDER -7:00 P. M.
Bruce Dingler
II. PLEDGE OF ALLEGIANCE
Ward II
Kelly Geiger
III. ROLL CALL
Ward III
Ellie George
IV. PUBLIC APPEARANCES - This time is reserved for citizens to comment
Ward IV
on items that are not on the agenda.
Allen Broderick
V. CONSENTAGENDA
At Large
David Douglas
Page 2-9 A. Approval of July 24, 2014 Council Min utes
Rick Samuelson
10 B. Approval to cancel the second Council meetings in
August, September, November and December 2014
11-20 C. Approval of Special Event for 2014 Drive Out Drugs
Recovery Walk
Administration
Chris Clayton, City
Manager
VI. ITEMS REMOVED FROM CONSENT AGENDA
Deanna Casey, City
Recorder
VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
Community
22-60 A. Resolution No. Authorizing Full Faith and
Development
----J
Tom Humphrey,
Credit Borrowings to Refinance Outstanding Obligations
Director
for the City of Central Point (Clayton)
Finance
62-72 B. Resolution No. , to Adopt Tax -Exempt Bond
Bev Adams, Director
Post -Issuance Compliance Policies for the City of Central
Human Resources
Point (Clayton)
Barb Robson, Director
Parks and Public
74-86 C. Second Reading- Ordinance No.Establishing
Works
Central Point Municipal Code Chapter 3.30 Marijuana
Matt Samitore,
and Marijuana -Infused Product Tax (Clayton)
Director
Jennifer Boardman,
88-94 D. First Reading, An Ordinance Amending Central Point
Manager
Municipal Code Chapter 5.24 Adult Businesses (Clayton)
Police
Kris Allison Chief
96-101 E. Second Reading — Ordinance No. Amending CPMC Chapter
17.60 by Adding Provisions for Interim Water Service and Development
Standards for Lands within the Tolo Area (CP -1B) Urban Reserve
(Samitore)
103-141 F. Resolution No. Ratifying the General Services Collective
Bargaining Agreement and Authorizing the Mayor and City Manager to
Sign the Agreement (Robson)
143- 146 G. Resolution No. , A Resolution Revising the Classification Pay
Plan (Robson)
1�1 I I I�: i I ly I S I tii
148-149 A. Run 4 Freedom Financial Report (Boardman)
151-152 B. Planning Commission Report(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
CAP081414 Page
CITY OF CENTRAL POINT
City Council Meeting Minutes
July 24, 2014
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Kelly
Geiger, Rick Samuelson, and Ellie George were present.
David Douglas was excused.
City Manager Chris Clayton; City Attorney Darrell Jarvis;
Police Chief Kris Allison; Community Development Director
Tom Humphrey; Finance Director Bev Adams; Parks and
Public Works Director Matt Samitore; and City Recorder
Deanna Casey were also present.
IV. PUBLIC APPEARANCES - None
V. CONSENT AGENDA
A. Approval of July 24, 2014 City Council Minutes
B. Approval for Street Closure for D.A.R.E. Cruise
C. Approval of OLCC Application — Big Town Hero
D. Approval of OLCC Application — Walgreens
Kelly Geiger moved to approve the Consent Agenda as presented. Rick
Samuelson seconded. Rall call: Hank Williams, yes; Bruce Dingler, yes; Kelly
Geiger, yes; Allen Broderick, yes; Rick Samuelson, yes; and Ellie George, yes.
Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. First Reading — An Ordinance Establishing Central Point Municipal
Code Chapter 3.30 Marijuana and Marijuana Infused Product Tax
City Manager Chris Clayton explained that the Central Point City Council has
been very proactive in creating time, place and manner restrictions on medical
marijuana dispensaries established under House Bill 3460. The City of Central
point has received zero applications at this time. The City Council has exercised
State -granted authority provided by Senate Bill 1531 to invoke a one —year
moratorium on the establishment of medical marijuana facilities which will expire
in May 2015. The City Council has remained resolute in the desire to discourage
the establishment of such facilities within the City of Central Point.
CAP081414 Paget
The general election in November will include Oregon Ballot initiative #53
officially known as the Control, Regulation, and Taxation of Marijuana and
Industrial Hemp Act. Section #42 of this ballot measure is specifically aimed at
limiting local government's ability to offset public safety-related impacts/casts by
collecting a product tax on marijuana -based products. The language will ban
local jurisdictions from imposing any fee or tax, in connection with the purchase,
sale, production, processing, transportation, and delivery of marijuana items.
This language does not specifically repeal a local marijuana tax in effect at the
time of the measure's passage. It can be argued that the language in the
initiative would not pre-empt a taxation ordinance if it is adopted by the City
Council prior to the election. Adoption of the ordinance does not guarantee that
this tax would not be legally challenged; however, absent invalidation by a state
court, this product tax ordinance would survive voter approval of ballot initiative
#53.
The proposed ordinance is a gross receipts tax on the sale of marijuana, medical
marijuana and marijuana -infused products. A gross receipts tax is applied to the
total gross taxable revenues of a business. The seller is responsible for
maintaining accurate records of its gross revenues from taxable goods and
services and then remitting a percentage to the taxing entity. The ordinance
before the council tonight is similar to ordinances adopted in Colorado, the City of
Ashland and taxing methodology that currently exists in the Central Point
Municipal Code.
The proposed ballot initiative does provide for a state-wide taxing structure on
the sale of legalized/medical marijuana to be distributed in the following manner:
Forty percent shall he transferred to the Common School Fund
Twenty percent shall he transferred to the Mental Health Alcoholism and
Drug Services Account
Fifteen percent shall he transferred to the State Police Account
Ten percent shall he transferred to cities based on population
Ten percent shall he transferred to counties
Five percent shall he transferred to Oregon Health Authority.
Staff does not feel that the amount allocated to the cities will be sufficient to help
with the impacted costs associated with providing adequate public safety. The
proposed ordinance will implement a five percent (5%) tax on the gross sale
amount paid to the seller by a registry identification cardholder, and ten percent
(10%) tax of the gross sale amount paid to the seller of marijuana and marijuana -
infused products by individuals who are not purchasing marijuana under the
Oregon Medical Marijuana Program. The seller will be responsible for paying the
tax on a quarterly basis to the City. Any revenue generated from this tax will go
into the general fund to help with the cost of the programs that will be
implemented if there are problems.
Council was not happy with the distribution recommended by the ballot initiative.
They feel that more should be distributed to the local jurisdictions who will be
CAP081414 Page
dealing with the fall -out from legalizing marijuana. Gold Hill and Ashland have
already approved a local tax similar to this proposal. Eagle Point and Medford
are discussing the topic in the coming weeks.
Mayor Williams opened the Public Hearing.
Medford Council Member John Michaels.
Mr. Michaels stated that he is present as a citizen of Jackson County, not a
representative of the Medford City Council. He is in support of implementing the
tax tonight and would like to encourage all the local cities and Jackson County to
work together to find opportunities where all cities would implement the same tax
rate. He thinks that if a tax is put in place everyone should be on the same
playing field. He is in favor of a universal rate that is much higher than 5% and
10%. The OLCC tax is a lot higher and he feels this would be a good way to
make it difficult countywide to open this type of business.
No one else came forward. Mayor Williams closed the public hearing.
Mr. Clayton explained that he could approach the other cities and the County
regarding unified tax rate. He does not feel it would be in the best interest of
Central Point to postpone adoption of the current ordinance. It can be difficult to
get all cities and the County to agree on things and delaying the adoption could
close the window on the opportunity to put this in place before the November
election.
Bruce Dingier moved to second reading an Ordinance Establishing Central
Point Municipal Code Chapter 3.30 Marijuana and Marijuana Infused
Product Tax. Ellie George seconded. Roll call: Hank Williams, yes; Bruce
Dingler, yes; Kelly Geiger, yes; Allen Broderick, yes; Rick Samuelson, yes; and
Ellie George, yes. Motion approved.
B. Second Reading — Ordinance No. 1991, Amending CPMC Chapter
15.04, Building Code; Chapter 15.12, Plumbing Code; Chapter 15.22,
Privately Owned Swimming Pools; and Chapter 15.32 House
Numbering.
Community Development Director Tom Humphrey explained that this is the
second reading of an ordinance to update the building and construction code to
conform to the State building and construction code. Most of the changes are
numerical code references and formatting revisions. At the direction of the
Planning Commission staff reviewed and revised sections of the code that were
no longer applicable or were outdated.
Council recommended one revision at the first reading regarding the violation
and penalty for house numbering. This has been updated to be the same as any
other general code violation.
Allen Broderick made a motion to approve Ordinance No. 1991, Amending
CPMC Chapter 15.04, Building Code; Chapter 15.12, Plumbing Code;
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Chapter 15.22, Privately Owned Swimming Pools; and Chapter 15.32 House
Numbering. Kelly Geiger seconded. Roll call: Hank Williams, yes; Bruce Dingler,
yes; Kelly Geiger, yes; Allen Broderick, yes; Rick Samuelson, yes; and Ellie
George, yes. Motion approved.
C. First Reading/Public Hearing — Ordinance Amending Central Point
Municipal Code 17.60 by Adding Provisions for Interim Water
Service and Development Standards for Land within the Tolo Area
(CP -1B Urban Reserve)
Mr. Humphrey explained that currently the City has a proposal for inclusion of
approximately 50 acres to the City's UGB. The area within CP -1B will be
designated for industrial development once it is annexed into the City. A major
impediment to the application is the availability of public water, which is a
requirement of the city to annex property.
Based on the City's Master Water System Plan city water service will not be
extended to this urban reserve area until 2028. Funding for the extension is not
scheduled until 2020 at the earliest.
Without an interim solution to the provision for water for domestic and fire safety
the area cannot be developed and the City will lose family wage job
opportunities. The Interim Water Service Ordinance applies only to the CP -1B
area and is limited to industrial/commercial land uses. The Ordinance requires
developers to acknowledge that they are aware of their ultimate responsibility to
financially participate in an improvement district for a public water system when
available; and that there are interim water system standards that must be met as
a condition of development.
We have been working with the companies in this area for years in regards to the
7 Oaks Interchange. This area has always been of mutual concern for the City of
Central Point and the County. Council discussed the option of wells to use until
city water is available.
Approval of this Ordinance will allow the businesses to move forward with their
construction plans knowing that they will eventually be included in the City and
have availability of water. They will also have the understanding that their
construction and business will be restricted because of the limited access to
water.
Mayor Williams opened the public hearing, no one came forward and the public
hearing was closed.
There was discussion of a higher rate for this area of concern to help finance a
water treatment plant. Staff will continue to look into grant options for expanding
the water lines and partnering opportunities with businesses.
Mr. Humphrey recommended a change to section D (2)(c) which as written,
requires the waterline to be complete before a Certificate of Occupancy is issued.
CAP081414 Pages
If the business is able, it may use available water through wells that will satisfy
safety concerns until a water line is constructed to service this area. The
applicants preferred to complete construction rather than bond or otherwise
postpone an approved interim water system.
Allen Broderick moved to second reading Ordinance Amending Central
Point Municipal Code 17.60 by Adding Provisions for Interim Water Service
and Development Standards for Land within the Tolo Area with
recommended changes to Section D (2) (c). Roll call: Hank Williams, yes;
Bruce Dingier, yes; Kelly Geiger, yes; Allen Broderick, yes; Rick Samuelson, yes;
and Ellie George, yes. Motion approved.
D. Resolution No. 1405, Adopting an Agreement between Twin Creeks
Development Co., LLC and the City of Central Point
Mr. Humphrey explained that as part of the approval for Twin Creeks Transit -
Oriented Development, the developer agreed to participate in certain
infrastructure improvements as set forth in the Master Plan. The original Pre -
Annexation Development Agreement expired in 2008 and set forth the
responsibilities of both the City and the developer. The proposed resolution
includes an agreement that restates responsibilities. All parties involved have
mutually agreed to the recitals and substance of the agreement. This resolution
accepts and authorizes the agreement between Twin Creeks Development and
the City. Staff will prepare a separate resolution regarding acceptance of
State Funding to complete the new railroad crossing.
There was discussion regarding the ten year process to get to this point. They
discussed the FEMA issues and the original agreement that expired after seven
years. There are still several properties that are affected by FEMA issues and the
Floodway.
Mr. Clayton presented a spreadsheet that explained the monetary commitment
for each party at this time. He explained that if the total contingency goes down,
the city and COOT portion will go down, but the developer cost will not. The City
will get credit for money already spent on the crossing.
Kelly Geiger moved to approve Resolution No. 1405, Adopting an
Agreement between Twin Creeks Development Co., LLC and the City of
Central Point. Rick Samuelson seconded. Roll call: Hank Williams, yes; Brace
Dingier, yes; Kelly Geiger, yes; Allen Broderick, yes; Rick Samuelson, yes; and
Ellie George, yes. Motion approved.
VIII. BUSINESS
A. Battle of the Bones Financial Report
Parks and Public Works Director Matt Samitore presented the Financial Report
for the 2014 Battle of the Bones. The City Council has agreed in the past that
profit from this event would be donated to the Parks and Recreation Foundation.
CAP081414 Page
The Foundation promoted the event stating that any donation would go towards
rehabilitation of park equipment for handicap accessibility.
He explained that the shorter event and two perfect days for the event provided a
profit of $16,390. The true net profit of the event is $11,390 because the city
already donated $5,000 for music costs. Staff costs are no longer attributed to
this event. Staff suggests a $10,000 donation to the Parks and Recreation
Foundation.
Mr. Samitore stated that the event will likely need to be moved from Twin Creeks
Park after one more year. We will need to find a venue that can handle the
amount of people and the parking. Once the rail crossing and construction
increases the empty fields used for parking will no longer be available. He also
explained that there will be a cost increase for next year. The first tasting ticket
for beer and wine will be $12.00 to help cover the cost of the glass. If additional
tasting tickets are purchased they will be at the $10.00 price. We will also be
working on all vendors inside the event having $1 tasting samples. No matter
what changes we make there will always be a challenge of having enough BBC
tastings to supply people throughout the entire evening. Staff will be discussing
ways to increase the BBC tastings and still have a successful event.
Allen Broderick made a motion to donate $10,000 to the Parks and
Recreation Foundation from the Battle of the Bones profit. Kelly Geiger
seconded. Roll call: Hank Williams, yes; Bruce Dingier, yes; Kelly Geiger, yes;
Allen Broderick, yes; Rick Samuelson, yes; and Ellie George, yes. Motion
approved.
IX. MAYOR'S REPORT
Mayor Williams reported that he:
• Attended the Medford Water Commission meeting. They have been
discussing water rate changes for summer months.
• Attended a Regional Economic Forum presented by the State.
• Attended the Jackson County Fair almost every night.
• Attended a National Law Enforcement Leadership group meeting with
Chief Allison.
X. CITY MANAGER'S REPORT
City Manager Chris Clayton reported that:
• He attended the Regional Economic Forum with the Mayor. They were
updated on the economic status of the area.
• He attended a meeting with Avista for an annual update for Central Point.
• He spoke with Rogue Community College representatives regarding the
possibility of locating a campus in Central Point. He is planning a Study
Session in August to go over those options with the Council.
• There is a possibility that Jackson County Court will be relocating in
Central Point. They are looking at several options including the City Hall
building.
CAP081414 Page]
XI. COUNCIL REPORTS
Council member Allen Broderick reported that he was recently in Cambria CA,
they have a building moratorium because of the lack of water. He explained the
water bills in that area are very high.
Council Member Kelly Geiger reported that they have received approximately 25
applications for the vacant chamber position. They are still discussing the pay
scale and scope of the job.
Council Members George, Samuelson, and Dingler had no report.
XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
• There are several paving projects that will begin soon. Knife River has
asked for accommodations for the Hwy. 99 project. That paving project will
begin after Labor Day. The Haskell project will be completed before the start
of the school year.
• RVSS is digging up some old pipes on Hazel Street. These are 27 feet
down and are some of the oldest infrustructure in Central Point.
Police Chief Kris Allison:
• Read her presentation to the National Law Enforcement Seminar that
she presented in hopes of receiving a grant. She appreciated the Mayor
attending to help support the department.
• The D.A.R.E Cruise is August 91". It is always nice to have the Elected
Officials participate in city events.
• This was a good week for the Department. They received nice emails
and letters from citizens for a couple of officers who had gone above and
beyond in their duties.
Finance Director Bev Adams reported on the progress of the Long Term
Financial Plan. They received the first draft. They hope to have this process done
in September. Auditors will be here the first week of August to begin that
process. Staff is working on getting all the information together.
Community Development Director Tom Humphrey reported that Rich Carrera has
been here this week developing branding images for Twin Creeks, Bobbios and
the Creamery. He included some images for the City that could be used for the
new website.
Interim City Attorney Darrell Jarvis stated that Sydnee Dryer is on vacation this
week.
XIII. EXECUTIVE SESSION -None
CAP081414 Page
XIV. ADJOURNMENT
Rick Samuelson moved to adjourn, Kelly Geiger seconded, all said "aye" and the
Council Meeting was adjourned at 8:55 p.m.
The foregoing minutes of the July 24, 2014, Council meeting were approved by the City
Council at its meeting of August 14, 2014.
OF milll
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP081414 Page
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97502 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
August 14", 2014
AGENDA ITEM: Consent Agenda Meeting Cancellation
STAFF SOURCE:
Deanna Casey, MMC, City Recorder
BACKGROUND/SYNOPSIS:
1. August 24, 2014: Staff has reviewed the items for future City Council Agenda and
recommends cancelling the August 24, 2014 meeting. There are no pressing items that need
to come before the Council to hold a second meeting in August.
2. September 25, 2014: Staff recommends cancelling the September 25, 2014 City Council
meeting. The Mayor, City Manager and City Recorder will be attending the League of
Oregon Cities Conference in Eugene. Staff will schedule any future items to reflect the
cancellation of these dates.
3. November 27, 2014: The second meeting date in November falls on Thanksgiving Day. If
necessary for a second meeting during this month staff will make arrangements.
4. December 25, 2014: The second meeting date in December falls on Christmas Day. If a
second meeting is needed staff will make arrangements and return to Council with a specific
date.
FISCAL IMPACT:
There are no fiscal impacts to cancelling these two meetings.
ATTACHMENTS:
None
RECOMMENDATION:
Approval of Consent Agenda.
PUBLIC HEARING
No
SUGGESTED MOTION:
I move to approve the Consent Agenda as presented.
CAP081414 Page 10
Event Name Drive Out Drugs Recovery Walk
Event Date Saturday, September 27"
Event Time Setup Starts at 6:00 am ; Event 9:00 am —4:00 pm ; Cleanup Ends at 7:00 pm
Location Robert Pfaff Park
Attendance Planning for 400 (but is first time event)
Coordinator Foundations for Recovery (Grant Money from the Crater Foundation)
Insurance On file
Purpose Event centers on educating young people and families on the dangers of
substance abuse and the hope found in recovery. Family friendly event, with
free entry.
Activities Live Music Food Vendors Merchandise Vendors Information Booths
Raffles Jump Houses Dunk Tank
Bands 3 bands will play, music starts at 10:00 am. Sound will be provided by the band
Nail. Bands include: Nail (Christian Contemporary), Shely Kirsten (Soft
Contemporary) and Hollograms (Country).
Map Attached. No street closures are requested bythe organizations, all activities
occur within the park.
Price Quote 495 (This quote is based on the fee structure for events and includes 2 gazebos
for 13 hours, with amplified sound. Access to restrooms and electricity is
available.)
Notes As a first time event, it is hard to know what the attendance will be. It could
easily attract 2,000 or more event attendees, as it is targeting families, has free
entertainment, and has backing from the Crater Foundation.
Also occurring on this day is the "Out of the Darkness Walk", organized by AFSP
(American Foundation for Suicide Prevention) which aims to raise money and
awareness for suicide prevention. This includes a walk through the
neighborhood. Location: Twin Creeks Park Times: 7:00 am — 1:00 pm Anticipated
Attendance: 300 (As of 8/5/14 have 49 walkers signed up.)
CAP081414 Page 11
Foundations for Recovery
33 North Central Ave. Ste. 419 Medford, OR 97501
541-245-4673 (HOPE) E -Mail: dgould@lovefoundations.com
August 5, 2014
To the Central Point City Council
The following is an outline of our intention for the 2014 Drive Out Drugs Recovery
Walk/Festival to be held on September 27"' from gam-4pm at Pfaff Park in Central Point.
We received a grant from Crater High School to sponsor an event geared toward educating
the youth of our community about the dangers of drugs and alcohol, and to provide
information regarding addiction and addiction services. We want to "put a positive face on
recovery" and demonstrate the appeal of a drug-free life to young and old alike.
The Festival will include no more than 5 food vendors, 2 tables for the sound booth, 12
recovery -oriented booths, 6 stations with free activities for kids and teens (i.e. an Instrument
"Petting Zoo", face -painting, and other activities geared toward promoting drug and alcohol -
free FUN!), and up to 15 local vendors with goods and services to offer.
The Festival will officially begin at 9:ooam; set-up will begin at 6:ooam.
The Festival will officially end at 4:00pm; tear -down will be completed at 7:oopm, with all
trash removed and clean-up finalized by no later than 7:00pm.
The Festival will include 3 bands, with music starting at 10:00. Each band will play for up to
an hour and a half, with breaks in between. Our MC will be Paul Aragon, a local author and
recovery expert and one of the Recovery Coaches at the Foundations for Recovery. We will be
having a raffle with prizes given away every half hour. The bands are all local, with sounds
ranging from rock to contemporary. The names are: Nail, Shelley Kristen and the Out of the
Grotto Band, and Hollogram. We will be using equipment provided by the band Nail and we
will be using our own sound engineers.
We are looking forward to making this an annual event. This year's event will also kick off
our new Youth division and help to fund training and Recovery Coaching for youth ages 11-17
in our community who are trapped in addiction. We are passionate about making sure that
every young person has the opportunity to find help and hope for a life of freedom! Weare
asking you to support us in making this a successful community event that will impact our
families in a positive way. Thank you for allowing us to present our request!
The Foundations for Recovery
A 501c3 Community-based Non-profit Organization
Awarded `Best of Medford 2014" for Drug Abuse & Addiction Treatment and Prevention
Crater Community un Grant Recipient for 2014
CAP081414 Page 12
DRIVE OUT DRUGS RECOVERY WALK
PFAFF PARK - SEPT 27, 2014
❑ ❑
Opl
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t
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O
❑❑ ,.
Business/Vendor Booths Recovery Oriented Booths
❑ Children/Youth Booths ❑ Sound and Music
❑ Food Booths 1°
CAP081414 Page 13
"Putting a Positive Face on Recovery"
2014 DRIVE OUT DRUGS
RECOVERY WALK
oruPxovag 4 Family Fun & Music Festival
f
Saturday September 27, 2014
9:ooam to 4:oopm—Pfaff Park /Central Point, OR
food vendors, local merchants and information
regarding drug & alcohol education, treatment and prevention
Musical Guests at the Festival:
shyr
niv0at0fd1.,G"
Jonal Alcohol
Friday September 26, 2014-7:oopm Softball Game -US Cellular Fields
"Battle of the Badges"
Police us. Fire
Join us at US Cellular Fields for a family fun
night including raffle prizes, free hot dogs
& drink and silent auction
Sponsored by
j Your logo here!!!
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August 4, 2014
Foundations for Recovery
"Relapse Doesn't Have I a Happen"
33 North Central Ave. Ste. 419 Medford, OR 97501
E -Mail: deould(allovefoundations cora 541 -245 -HOPE (4673)
"Putting a Positive Face on Recovery"
2014 DRIVE OUT DRUGS RECOVERY WALK
Family Fun & Music Festival
Saturday September 27, 2014 9:00am to 4:00pm—Pfaff Park
Dear Friend of the Foundation;
I would like to take a moment of your time with this correspondence to request your help supporting our upcoming cause entitled
"2014 Drive Out Drugs Recovery Walk" which will be held on Saturday September 27, 2014 at Pfaff Park in Central Point, Oregon.
Our objective is to raise awareness about the increasing coneem regarding addiction amongst the youth of our community. Our hope
is that this year will be the first of many upcoming festivals in years to come as we join together in providing information to families,
schools, churches and businesses in our community about drug & alcohol abstinence, education, treatment, prevention and recovery.
This event will help raise money to fund development projects critical to the survii al of those suffering in addiction, including adult
one on rine counseling, out-patient treatment, }ouch mentoring, family support and basic skills mining.
The Foundations for Recovery Educational Grant
This past spring the Foundations for Recovery received grant funding through The Community 101 Project and Crater High School to
hold a festival type fair in Central Point to bring awareness of the rampant problems that drugs and alcohol addiction can bring. The
fair is also designed to educate families to discuss with the youth of our community the negative effects of addiction. Not only do we
want to embrace the education behind addiction, but also the joys of what life can bring after addiction. In others words, our desire is
to show the community the "positive face of recovery",
The fair/festival will include a family type environment offering games for the children, great food from local vendors, and music by
some of our local bands.
How can I help?
We would like for your business to sponsor a booth at the festival and present information regarding the services that you provide
within our community. Or if you would like to contribute to this worthy cause, you may make an online donation at
www.lovefoundations.com You may also mail a donation in the addressed envelope enclosed.
Thank you for taking the time to read about our first annual Drive Out Drugs Recovery Walk. We appreciate your considering our
request. If you would like more information about this initiative, please contact me at 541-245A673 (HOPE).
Sincerely,
Douglas Gould
Executive Directr
Foundations for Recovery
CAP081414 Page 15
7roune(a6"onr ,,,�
Gold Sponsorship: $ 1000.00
Foundations for Recovery
"Relapse Doesn't Have I'd Happen"
33 North Central Ave. Ste. 419 Medford, OR 97501
E -Mail: c1gould(a),lovefoundations com 541 -245 -HOPE (4673)
FFR Sponsorship Opportunities
Gold Sponsorship includes acknowledgement in the Festival Program, Business Logo on the Banner which will be
displayed over Pine Street, Festival Posters, acknowledgement during the Battle of the Badge Softball Game on Friday
Night September 26th, Business Logo on Music Festival signage, acknowledgement in the FFR Monthly Newsletter (500
subscribers), Facebook Advertising, weekly e-mail newsletters (1200 subscribers) and advertising through media
(including newspaper, radio and TV.)
Silver Sponsorship: $ 500.00
Silver Sponsorship includes acknowledgement in the Festival Program, Business Logo on Music Festival signage,
acknowledgement in the FFR Monthly Newsletter (500 subscribers), Facebook Advertising, weekly e-mail newsletters
(1200 subscribers) and advertising in the newspaper.
Bronze Sponsorship: $ 250.00
Bronze Sponsorship includes acknowledgement in the Festival Program, the PER Monthly Newsletter (500 subscribers),
and the weekly e-mail newsletter (1200 subscribers)
Individual Sponsorship: $ 100.00
Individual Sponsorship includes acknowledgement in the Festival Program
Raffle Prizes Donations: "Battle of the Badge" Softball Game
Raffle Prizes Donations includes acknowledgement in the Festival Program
Dear Potential Sponsor:
'This is an incredible opportunity to join with the Foundations for Recovery in reaching the youth of our community
regarding the importance of drug & alcohol education, abstinence and recovery. Please consider sponsoring our event and
if you need any further information please feel free to contact me at 541-245-4673 (HOPE)
Sincerely,
Douglas Gould
Executive Director
Foundations for Recovery
CAP081414 Page 16
Foundations for Recovery
"Relapse Doesn't Have To Happen"
33 North Central Ave. Ste. 419 Medford, OR 97501
E -Mail: dgould(o),lovefoundafions.com 541 -245 -HOPE (4673)
7roan�aGam ../
for Remuery
FFR Vendor Booth Opportunities
Festival Date: Saturday September 27, 2014 — 9:00am to 4:00pm
New Vendor
I will need electrical power for my booth
Please fill out vendor registration form and return with entry fee
Mailing
City
Please describe what your booth will be providing and any information we may need to know:
Make Check Payable To: Foundations for Recovery
Mail To: Foundations for Recovery
Booth Registration -Recovery Fair
33 North Central Ave. Suite #419
Medford, OR 97501
Fees: $ 75.00 Food Vendors
$ 10.00 Electrical (110 voltage only)
$ 50.00 Commercial Vendors
$ 40.00 Non -Profit Vendors
Total:
Please attach harmless liability release agreement to your application.
If you have any questions regarding the festival/event please feel free to contact the offices of the
Foundations for Recovery at 541-245-4673.
Sincerely,
Douglas Gould
Executive Director
Foundations for Recovery
CAP081414 Page 17
1 / Foundations for Recovery
"Relapse To Napped'
33 North Central Ave.e. Ste. Ste. 41919 Medford, OR 97501
\ E-Mail: t1gould(mlovefoundations corn 541-245-HOPE (4673)
7roun�afionr ✓
,or 2erwer�"/
FFR Vendor Booth Opportunities
Festival Date: Saturday September 27, 2014 — 9:00am to 4:00pm
Deadline for booth registration — September 13 2014
*payment reserves your booth location at the festival
*make your payment payable to Foundations for Recovery
Fees: $ 75.00
Food Vendors
$ 10.00
Electrical (110 voltage only)
$ 50.00
Commercial Vendors
$ 40.00
Non -Profit Vendors
Rules:
• You must present with your application copy of your insurance liability
• Booth Sizes are 12x12 -If you need additional space you will need to purchase two booth locations
• Booth set up/construction/placement may be started at 6:00am to 7:00am on Saturday September 27th
• Booths must be manned and operative by 9:00am
• Booth must be dismantled by 7:00pm on Saturday September 27`"
• Booth locations will be marked and vendors will be notified of their placement via e-mail
correspondence
• Commercial grade electrical cords to access power sources must be provided by the businesses
• Trash receptacles must be provided by the vendors
• If you serve food or beverage of any kind, you must contact the Health Dept. to insure you are in
compliance with temporary restaurant regulations. (541)-774-8206
If you need further information please feel free to contact Festival Director Doug Gould or Susan Szczesniak at
the offices of the Foundations for Recovery at 541-245-4673 (HOPE).
Thank you for joining us for the 2014 Drive Out Drugs Recovery Walk Festival
CAP081414 Page 18
The Foundations for Recovery is a community faith -
based organization that exists for the purpose of
changing lives isolated by the grip of substance
abuse, offering help and hope through personalized
one on one Recovery Coaching.
By promoting recovery from alcohol and other drug
addiction through advocacy, education and service,
FFR strives to end discrimination surrounding
addiction and recovery, open new doors and remove
barriers to recovery, maintain and sustain recovery
regardless of the pathway, all the while ensuring that
all people in recovery, and people seeking recovery,
are treated with dignity and respect.
"Our mission is to provide recovery coaching which
leads to a transformation of men and woman lost in
addiction to restore their lives and to serve as a
pathway of recovery for the community. "
Recovery Coaching is a one on one peer mentoring
approach that honors the differences between
individual experiences, lifestyle choices and cultural
backgrounds. Recovery Coaching means that YOU,
the participant are in charge of your own recovery,
and that we are there to provide help and
encouragement.
• Peer Mentoring Recovery Coaching
• Addiction Treatment & Prevention
• Individual & Group Counseling
• Marital/Couples Counseling
• Out -Patient Services
• Basic Life Skills
• Non -Substance Abuse Counseling
• 12 Step Programs (AA, NA and CR)
• Grief/Depression/Stress Counseling
• Parenting Support Group
'•� HS POM1oma
4 141'Im�4 .
The Foundations for Recovery is located between
Main St. and 6th St. on Central Avenue in the
Historic Woolworth Building.
'n
for'.�¢couery �
CAP081414 Page 19
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Return to Agenda
Doug Gould
Susan Szczesniak
Ken Kovalyak
: Paige Harrison
Doug Gould, Susan Szczesniak, Tiffany Dailey, Ken
Kolvalyak, Paige Harrison, James Driskell, Mark Whit-
ing, Richard Stever, Philip Broesamle, Nick Weaver,
Shawana Siewell, Barbara Gould, John Sanders, Joshua
Teska (1), Paul Aragon, Joseph Nicholas, Debbie
Andler, Derrick Kinley, Ryan Fields, Amber Fields,
Mike Mabry, Lila Hammon, Krisfie Lachenmeter,
Mary Kay Powell, Seth Johnson (1), Tamara Donaldson,
Gil Pugliano, Kelly Burrows, Jeanette King, Scotty
White (J). (1) denotes Intent
Dave Faccimor
Victoria Fortino
Brad Bills
Matthew McAuliffe
Mike Mabry
Bill Bumgardnw
I Congratulation on walking through the doors of FFA
S
e eking support in reaching you recovery goals. We
know how difficult it is first and foremost to take a step
to seek freedom from the pain of addiction. As you
continue to work you program with you individual
recovery coach please know that we are here to support
you and not In, you, that is up to you. The suggestions
that you recovery coach offers during you onebn one
peer mentoring times is just that, suggestions.
However, we know that if you allow us to help you
clear away the damaged debris and wreckage of you
past we can provide you a freedom filled present and a
hope for the future. We have a plan and with you com-
mitment you life can be restored.
`God Bless, Doug
CAP081414 Page 20
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Resolution
Refinance
Outstanding
Obligations
CAP081414 Page 21
Staff Report
CENTRAL
POINT
To: Mayor & Council
From: Bev Adams, Finance Director
Date: August 14, 2014
Subject: Authorizing debt refinance
Finance Department
Bev Adams, Finance Director
Background:
Due tc favorable interest rates, the City is refinancing three previously issued debt obligations for an estimated savings
of over sic.7,coo, including fna ncing costs.
The refinance will incorporate the City's 2004, 2007, and 2oo8 issued debt into one Series 2014. The total amount of
this borrowing is s2,698,20o with an interest rate of 2.4g^/a.
Included with this staff report is:
i. The resolution authorizing the City and staff to enter into a financing agreement
z. A draft copy of the financing agreement
B. The 2014 Refunding schedule provided by the City's bond financial advisor
The financing agreement is in "draft" copy until we receive final installment numbers (see pg. 2) which will be available
at the earliest, Friday, August 15, 2014.
The refunding schedule provides detail and amounts of all the issues being refunded as well as issuance costs and
savings acquired through the Series 2014 issue.
Although we cannot provide absolute numbers until the issue is finalized, the loan amortization schedule (shown on
the following page) is very close (if not exact) to what the new debt payments will be.
CAP081414 Page 22
Loan Amortization
Date
Funding Payment
Interest
Component
Principal
Component
Principal Balance
8/19/2014
2,693,200.00
2,693,200.00
12/1/2014
72,000.53
19,000.53
53,000.00
2,640,200.00
6/1/2015
32,870.49
32,870.49
-
2,640,200.00
12/1/2015
553,870.49
32,870.49
521,000.00
2,119,200.00
6/1/2016
26,384.04
26,384.04
-
2,119,200.00
12/1/2016
561,384.04
26,384.04
535,000.00
1,584,200.00
6/1/2017
19,723.29
19,723.29
-
1,584,200.00
12/1/2017
298,802.49
19,723.29
279,079.20
1,305,120.80
6/1/2018
16,248.75
16,248.75
-
1,305,120.80
12/1/2018
306,183.85
16,248.75
289,935.10
1,015,165.70
6/1/2019
12,639.06
12,639.06
-
1,015,185.70
12/1/2019
170,031.66
12,639.06
157,392.60
857,793.10
6/1/2020
10,679.52
10,679.52
-
857,793.10
12/1/2020
171,027.12
10,679.52
160,347.60
697,445.50
6/1/2021
8,683.20
8,683.20
-
697,445.50
12/1/2021
176,344.60
8,683.20
167,661.40
529,784.10
6/1/2022
6,595.81
6,595.81
-
529,784.10
12/1/2022
176,614.51
6,595.81
170,018.70
359,765.40
6/1/2023
4,479.08
4,479.08
-
359,765.40
12/1/2023
181,175.98
4,479.08
176,696.90
183,068.50
6/1/2024
2,279.20
2,279.20
-
183,068.50
12/1/2024
185,347.70
2,279.20
183,068.50
0.00
Totals
2,693,200.00 2,993,365.43
300,165.43
2,693,200.00
The new Series 2014 retains a similar payment structure to the original three series, but because of savings
the original payoff date has been reduced by one year.
Recommended Action: 10
c
a
That Council approve the attached resolution authorizing full faith and credit borrowings to refinance Q
outstanding obligations for the City. c
c
a
K
CAP081414 Page 23
RESOLUTION NO.
A RESOLUTION OF THE CITY OF CENTRAL POINT, OREGON
AUTHORIZING FULL FAITH AND CREDIT BORROWINGS TO
REFINANCE OUTSTANDING OBLIGATIONS FOR THE CITY
RECITALS:
A. The City previously issued a loan agreement dated September 29, 2004 related to
the City's Full Faith and Credit Obligations, Series zooy (the "2004 Financing") to
finance constructing, furnishing and equipping a new Council Chambers and new
City Hall offices which is located on the second floor above the new City of Central
Point/Jackson County Library (the "2004 Project"), a financing agreement dated
June 6, zoo? (the "2007 Financing") to finance modifying intersections related to
Upton Road, Scenic Avenue, North io" Street, and North 3rd Street, extending
Upton Road to provide access to planned development, and purchasing rights-of-
way related to these improvements (the "zoo? Project"), and a financing agreement
dated September 4, 2008 (the "2oo8 Financing', and collectively with the 2004
Financing and 2007 Financing the "Outstanding Borrowings") to finance designing
and constructing the Don Jones Memorial Park (the "2oo8 Project" and collectively
with the 2004 Project and 2007 Project, the "Projects"); and
B. Oregon Revised Statutes ("ORS") Section 271.390 and 287A.360 -287A.380
authorizes Oregon governments to refund outstanding borrowings; and
C. Current interest rates may be lower than the interest rates that are payable on the
Outstanding Borrowings and the City may be able to reduce debt service costs or
favorably restructure its Outstanding Borrowings by refunding all ora portion of the
Outstanding Borrowings;
THE CITY OF CENTRAL POINT RESOLVES
Section 1. Determination of Need. The City Council hereby determines that the Projects
were needed at the time they were financed and thatthey remain needed.
Section 2. Financing Authorized. The City is hereby authorized to enter into one or more
financing agreements (the "Financing Agreements") to refinance all or any portion of the
Projects pursuant to ORS Section 272.390 and the relevant provisions of ORS Chapter 287A.
The Financing Agreements may be issued in an amount that is sufficient to refund all or any
portion of the Outstanding Borrowings and to pay costs related to issuing the Financing
Agreements and refunding the Outstanding Borrowings, including paying any prepayment
premium.
Section 3. Delegation. The Mayor or the City Manager, or the person designated by the
Mayor or the City Manager to act on behalf of the District under this resolution (each of whom
CAP081414 Page 24
-
Pagel
is referred to in this resolution as a "City Official") may, on behalf of the City and without
further action bythe Council:
a. Select the Outstanding Borrowings to be refunded;
b. Determine the final principal amount, interest rates, payment dates,
maturity dates, prepayment rights and all other terms of the Financing
Agreements;
C. Negotiate, execute and deliver notes to evidence amounts due underthe
Financing Agreements;
d. Select Key Government Finance, Inc. or another commercial bank or
investor with which to negotiate, execute and deliver the Financing
Agreements. Subject to the limitations of this Resolution, the Financing
Agreements may be in such form and contain such terms as the City
Official may approve;
e. Enter into additional covenants for the benefit of the purchasers of the
Financing Agreement which the City Official determines are desirable to
obtain more favorable terms forthe Financing Agreements;
f. Enter into escrow deposit agreements and take any other actions to
prepay any of the Outstanding Borrowings;
g. Engage the services of escrow agents and any other professionals whose
services are desirable forthe financing;
h. Covenant for the benefit of the owner of the Financing Agreements to
comply with all provisions of the Internal Revenue Code of 1986, as
amended (the "Code") which are required for the interest paid under the
Financing Agreements to be excluded from gross income for federal
income tax purposes;
i. If the United States Congress authorizes federal interest rate subsidies,
such as the subsidies that were authorized for "Build America Bonds,"
and those subsidies reduce the cost of the Financing Agreements, issue
the Financing Agreements under these provisions, apply for and receive
federal interest rate subsidies and covenant to take any actions
necessaryto maintain those subsidies;
j. Designate each of the Financings Agreements as a "qualified tax-exempt
obligation" pursuant to Section 26S(b)(3) of the Code, if applicable;
CAP081414 Page 25
— - - - Page 2 — - -—
k. Execute and deliver any other certificates or documents and take any
other actions which the City Official determines are desirable to carry
out this Resolution.
Section 4. Security. The Financing Agreements may constitute unconditional obligations
of the City, which are payable from all legally available funds of the City. The City Official may
pledge the City's full faith and credit and taxing power within the limitations of Sections 1i and
ub of Article XI of the Oregon Constitution pursuant to ORS 287A.315,
Section 5. Effective Date. This resolution is effective immediately upon adoption.
Passed bythe Council and signed by me in authentication of its passage this i4th day of
August, 2014.
City of Central Point
Jackson County, Oregon
Mayor
Attest:
City Recorder
CAP081414 Page 26
- - Page 3
FINANCING AGREEMENT
$[2,693,2001
City of Central Point, Oregon
2014 Financing Agreement (Refunding Various Projects)
Dated August 20, 2014
This 2014 Financing Agreement (Refunding Various Projects) is entered into between City of
Central Point, Oregon (the "City") and Key Government Finance, Inc. (the "Lender") as of this
20th day of August, 2014,
1. Definitions.
For purposes of this Financing Agreement, the following capitalized terms shall have the
following meanings, unless the context clearly requires otherwise:
"Banking Day" means any day except a Saturday, a Sunday or any other day on which
commercial banks in Oregon are authorized or required ky law to close.
"City" means City of Central Point, Oregon.
"City Official" means the Finance Director, the City Manager or the person designated by the
either of those individuals to act as City Official under the Resolution.
"Closing Date means .August 20, 2014.
"Code" means the United States Internal Revenue Code of 1996, as amended.
"Default Rate means the Interest Rate plus 400 basis points (4.00%).
"Event of Default" means the occurrence of any of the following: (i) a failure to pay any principal
or interest that is required to be paid udder this Financing Agreement; (ii) a final determination
by the Internal Revenue Service that interest on this Financing Agreement is includable in gross
income under the Code; (iii) a failure by the City to comply with any of its obligations or to
perform any of its duties under this Financing Agreement, other than a failure described in
clauses (i) or (ii) of this definition, which failure continues and is not cured for a period of more
than 60 days after the Lender has made written demand on the City to care such failure.
"Financing Agreement" means this 2014 Financing Agreement (Refunding Various Projects).
"Fiscal Year" means the period beginning on July 1 of each year and ending on the next
succeeding June 30, or as otherwise defined by Oregon Law.
"Government Obligations" means direct obligations of the United States, or obligations the
principal of and interest on which are fully and unconditionally guaranteed by the United States.
Page I - Financing Agreement
CAP081414 Page 27 23559632038760 AGML
"Interest Rate" means a fixed annual interest rate of Two and Forty -Nine Hundredths Percent
(2.49%) per annum, calculated on the basis of [a 360 -day year consisting of twelve 30 -day
months].
"Lender" means Key Government Finance, Inc., or its successors.
"Maturity Date" means December 1, 2024.
"Outstanding Balance" means, at any time, the Principal Amount, loss the sum of all principal
repayments that have been received by the Lender.
"Principal Amount"means $[2,693,200].
"Projects" means the Projects defined in the Resolution.
"Resolution" means the City's Resolution No . adopted August 14, 2014, authorizing this
Financing Agreement.
"Securities Act" means the Securities Act of 1933, as amended.
"Special Counsel" means Hawkins Delafield & Wood LLP.
2. Loan.
2.1. The Lender shall advance the Principal Amount to the City on the Closing Date.
2.2. The Outstanding Balance shall bear interest at the Interest Rate from the date of this
Financing Agreement. Interest is payable semiannually on June 1 and December 1 of
each year, commencing December 1, 2014. he City shall repay the Principal Amount
and the interest in the following installments on the following dates:
Date
Payment
Interest
Component
Principal
Component
Principal
Balance
12/1/2014
6/1/2015
12/1/2015
6/1/2016
12/1/2016
6/1/2017
12/1/2017
6/1/2018
12/1/2018
6/1/2019
12/1/2019
6/1/2020
Page 2 - Financing Agreement
CAP081414 Page 28 2355963.2038760 AGAIT
12/1/2020
6/1/2021
12/1/2021
6/1/2022
12/1/2022
6/1/2023
12/1/2023
6/1/2024
12/1/2024
2.3. All unpaid principal, plus accrued interest, shall be paid no later than the Maturity Date.
3. Prepayment.
3.1. The City may prepay the Outstanding Balance in whole, plus interest accrued to the
prepayment date, on any Banking Day. Prepayments on or before August 19, 2017 are
subject to a prepayment fee equal to 1.0% of the Outstanding Balance. Prepayment will
require the City to give 60 days' written notice to the Lender.
4. Security for Financing Agreement.
Pursuant to ORS 287A.3 15. the City hereby pledges i3,g full faith and credit and taxing power
within the limitations of Sections li and l lb of Article XI of the Oregon Constitution to pay the
principal and interest due to the Lender under this Financing Agreement. The City shall pay the
amounts due under this Financing Agreement from any and all of its legally available taxes,
revenues and other funds. This pledge of the City's full faith and credit and taxing power shall
not entitle the Lender to any lien on, or pledge of, specific properties or revenues of the City.
5. Accounting and Billing.
Upon written request by City, the Lender shall provide the City with a written accounting of all
payments and other transactions relating to this Financing Agreement semi-annually. The Lender
shall send the City a bill for the amount due on each Financing Agreement payment date not later
than seven (7) Banking Days prior to that payment date.
6. Use of Financing Agreement Proceeds.
The City shall apply the amount it receives under this Financing Agreement solely as described
in the Resolution to refinance the Projects and pay costs related to this Financing Agreement.
7. Tax -Exemption,
7.1. The City agrees to comply with all representations in the Tax Certificate for this
Financing Agreement. The City further covenants for the benefit of the Lender to comply
with all provisions of the Code that are required for interest paid pursuant to this
Financing Agreement to be excluded from gross income for federal income tax purposes.
Page 3 - Financing Agreement
CAP081414 Page 29 2355963.2039760 AGbn
7.2. [The City hereby designates this Financing Agreement as a "qualified tax-exempt
obligation" under Section 265(b) of the Code.]
7.3. Interest paid pursuant to this Financing Agreement is exempt from State of Oregon
personal income taxes.
S. Representations of the City.
By executing this Financing Agreement in the space provided below, the City represents to the
Lender that:
8.1. The City is duly created and existing under the laws of the State of Oregon, has all
necessary power and authority to enter into this Financing Agreement and perform its
duties under this Financing Agreement.
8.2. The adoption of the Resolution, the execution of this Financing Agreement and the
performance of the City's obligations under this Financing Agreement does not conflict in
any material respect with, or constitute a material breach of or default under, any law,
court decree, administrative regulation, resolution or other agreement to which the City is
a parry or by which it is bound.
8.3. There is no action, suit, proceeding or investigation at law or in equity before or by any
court or governmental agency having jurisdiction over the City that is pending or, to the
best of the knowledge of the City, is threatened against the City to restrain or enjoin the
execution of this Financing Agreement, the adoption of the Resolution, or the collection
and application of the funds as contemplated by the Resolution and this Financing
Agreement, that, if such matter were adversely decided against the City would, in the
reasonable judgment of the City, have a material and adverse effect on the ability of the
City to pay the amounts due under this Financing Agreement.
8.4. The City hereby certifies, recites and declares that all things, conditions and acts required
by the Constitution and Statutes of the State of Oregon and by this Financing Agreement
to exist, to have happened and to have been performed precedent to and in the execution
and the delivery of this Financing Agreement, do exist, have happened and have been
performed in due time, form and manner, as required by law, and that this Financing
Agreement is a valid and binding obligation of the City that is enforceable against the
City in accordance with its terms, except to the extent that enforceability may be limited
by (i) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and
other laws affecting creditors' rights generally; (ii) the application of equitable principles
and the exercise of judicial discretion in appropriate cases; (iii) common law and statutes
affecting the enforceability of contractual obligations generally; and (iv) principles of
public policy concerning, affecting or limiting the enforcement of rights or remedies
against governmental entities such as the City.
9. Covenants of the City.
The City covenants for the benefit of the Lender that:
Page 4 - Financing Agreement
CAP081414 Page 30 2355963 2 038760 AGMT
9.1. While this Financing Agreement is in effect and until full and final payment of the
Outstanding Balance and all accrued and unpaid interest and fees the City shall provide
the Lender with:
(a) A complete copy of the City's audited annual financial statements for each Fiscal
Year, within 180 days following the end of each Fiscal Year.
(b) A complete copy of the City's budget for each Fiscal Year promptly after it is
adopted by the City Council.
(c) Such other information as the Lender may, reasonably request.
10. Fees, Costs and Expenses.
10.1. Lender Fees and Charges.
(a) The City will pay up to $2,000 for fees and costs of the Lender's counsel in
connection with this Financing Agreement.
(b) The Lender will not charge the City any other fees or costs in connection with this
Financing Agreement.
10.2. Costs of Enforcement. If either party incurs an)' expenses in connection with enforcing
this Financing Agreement, or if the Lender takes collection action under this Financing
Agreement, the losing party shall pay to the prevailing party, on demand, the prevailing
party's reasonable costs and reasonable attorneys' fees, whether at trial, on appeal, in any
bankruptcy or insolvency proceeding or otherwise, including any allocated costs of in-
house counsel
10.3. Other Fees and Costs. The City shall pay the Fees and costs of Special Counsel, and any
othenexpenses and costs that the City incurs in connection with this Financing
Agreement.
11. Default.
11.1. Upon the occurrence of any Event of Default the Lender may exercise any remedy
available at law or in equity. However, the amounts due from the City under this
Financing Agreement shall not be subject to acceleration.
11.2. Upon the occurrence and continuation of an Event of Default described in clause (i) of the
definition of "Event of Default," the due but unpaid principal amount shall bear interest at
the Default Rate until such Event of Default is remedied. Upon the occurrence and
continuation of an Event of Default described in clause (i) of the definition of "Event of
Default" for longer than 90 days, the Outstanding Balance shall bear interest at the
Default Rate until such Event of Default is remedied.
Page 5 - Financing Agreement
CAP081414 Page 31 2355963.2038760 AG61T
11.3. All rights, powers and remedies of the Lender maybe exercised at any time after the
occurrence of an Event of Default, are cumulative and shall not be exclusive, and shall be
in addition to any other rights, powers or remedies provided by law or equity.
11.4. The Lender may waive any Event of Default, but no such waiver shall extend to a
subsequent Event of Default.
12. Defeasance.
12.1. The City shall be obligated to pay any portion of the Outstanding Balance defeased
pursuant to this Section solely from the money and Government Obligations deposited in
escrow in accordance with this Section with an escrow agent or independent trustee as
provided in this Section, and the City shall have no further obligation to make those
payments from any source except the amounts deposited in the escrow. This Financing
Agreement shall be deemed defeased if the City:
(a) irrevocably deposits money or noncallable Government Obligations in escrow
with an independent trustee or escrow agent that are calculated to be sufficient for the
payment of the portion of the Outstanding Balance that is to be defeased without
reinvestment; and
(b) files with the escrow agent or trustee a verification from an independent, certified
public accountant to the effect that calculation, described above, is correct.
13. Conditions to the Obligations of the Lender.
13.1. The Lender may refuse to advance funds under this Financing Agreement unless the
Lender has received:
(a) An opinion of Special Counsel to the effect that:
(i) the Financing Agreement is a valid and legally binding full faith and credit
obligation of the City that is enforceable against the City in accordance
with its terms subject to customary exceptions;
(ii) inteiest paid pursuant to this Financing Agreement is excludable from
gross income under the Code; and
(iii) interest paid pursuant to this Financing Agreement is exempt from State of
Oregon personal income tax.
(b) The certificate of a City Official to the effect that:
(i) There is no action, suit, proceeding or investigation at law or in equity
before or by any court or governmental agency having jurisdiction over the
City that is pending or, to the best of the knowledge of the City, is
threatened against the City to restrain or enjoin the execution of this
Page 6 - Financing Agreement
CAP081414 Page 32 2355963 2 038760 AGbrr
Financing Agreement, the adoption of the Resolution, or the collection and
application of the funds as contemplated by the Resolution and this
Financing Agreement, that, if such matter were adversely decided against
the City, would, in the reasonable judgment of the City, have a material
and adverse effect on the ability of the City to pay the amounts due under
this Financing Agreement.
(ii) The adoption of the Resolution and the execution and delivery of this
Financing Agreement do not and will nor conflict in any material respect
with or constitute on the part of the City. a breach of or default under any
law, charter provision, court decree, administrative regulation, resolution
or other agreement or instrument to. which the City is a party or by which it
is bound.
(c) Such additional legal opinions, certificates, proceedings, instruments or other
documents as the Lender, its counsel or Special Counsel may reasonably request to
evidence compliance by the City with the legal requirements for execution and delivery of
this Financing Agreement and the due performance or satisfaction by the City of all
agreements then to be performed and all conditions then to be satisfied by the City.
14. Disclosure; Assignment
14.1. No official statement or other disclosure document has been prepared in connection with
this Financing -igrcemcnt and the City has no obligation in connection with this
Financing Agreement to pro;•ide any disclosure regarding operating information or
material events to the ,Municipal Securities, Rulemaking Board or any dissemination
agent. The City is obligated to provide information to the Lender in connection with this
Financing Agreement only as specifically Stated in this Financing Agreement,
14.2. The Lender may not assign its rights and obligations under this Financing Agreement
without the prior, written consent of the City.
14.3. The City may not assign its rights and obligations under this Financing Agreement
without the prior written consent of the Lender.
15. Jury Waiver.
The City and the Lender each agree to irrevocably waive all right to trial by jury in any action,
proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or
relating to the Financing Agreement or the actions of the City or the Lender in the negotiation,
administration, performance or enforcement thereof.
16. Miscellaneous.
16.1. Any notices required to be given pursuant to this Financing Agreement shall be given to
the following addresses:
Page 7 - Financing Agreement
CAP081414 Page 33 23559632038760 AGMT
City', City of Central Point
140 South Third Street
Central Point, Oregon 97502
Arm.: Bev Adams, Finance Director
Telephone: 541-664-3321,x226
Lender. Key Government Finance, Inc.
1000 S. McCaslin Blvd.
Superior, Colorado 80027
Arm.: Municipal Operations Manager
Telephone: 720-304-1285
16.2. All representations, warranties, and agreements contained in this Financing Agreement
shall survive the execution, delivery and payment of this Financing Agreement. This
Financing Agreement shall constitute a contract between the City and the Lender. The
Lender's extension of credit hereunder is expressly made in reliance on such contract. :
16.3. This Financing Agreement shall. be governed and interpreted in accordance with the laws
of the State of Oregon.
16.4. The Lender and the City each irrevocably consents to the personal jurisdiction of the state
and federal courts located in the State of Oregon in any action brought under this
Financing Agreement, and in any action based upon the transactions encompassed by this
Financing Agreement, whether or not based in contract. Venue for any such action shall
be in Jackson County, Oregon.
17. Severability and Waivers.
If any part of this Financing Agreement is not enforceable, the rest of the Financing Agreement
may be enforced. The Lender retains all rights, even if it makes a loan after default. If the
Lender waiN es a default, it ma3. enforce a later default. Any consent or waiver under this
Financing Agreement must be in writing.
18. Counterparts.
This Financing Agreement may be executed simultaneously in several counterparts, each of
which shall be an original and all of which shall constitute one and the same agreement.
Page 8 - Financing Agreement
CAP081414 Page 34 2355963 2 038760 AGMT
19. Written Agreements.
Under Oregon law, most agreements, promises and commitments made by the Lender
concerning loans and other credit extensions which are not for personal, family or
household purposes or secured solely by the borrower's residence must be in writing,
express consideration and be signed by the Lender to be enforceable.
[The remainder of this page is left blank intentionally.]
Page 9 - Financing Agreement
CAP081414 Page 35 2355963.2038760 AGMr
DATED as of the 20th day of August, 2014.
Key Government Finance, Inc.
0
Michael O'Hem, SVP, Originations
[The signature of the City appears on the followingpage.]
Page 10 - Financing Agreement
CAP081414 Page 36 2355963.2038760 AGMT
DATED as of the 20th day of August, 2014
City of Central Point, Oregon
By:
Chris Clayton, City Manager
Page 11 - Financing Agreement
CAP081414 Page 37 13559632038764 AGMT
1u124, 2014 4:03 pm Prepared by Wester Financial Group (Finance 7.008 Central POinCFFC�RFF3,REF) Page I
SOURCES AND USES OF FUNDS
Full Failb d Credit Obligations
2014 Refunding
Debt service mey vary fivm bank's computation by pennies. Rely on schedule in loan document.
Sources.
Bend Proceeds:
Par Amount 2,693,261.00
2,693,261.00
U,,.:
Refunding Escrow Doposits:
Cash Deposit 556,400.63
SLGS Purchases 1112810.00
2,669,210.63
Delivery Date Expenses:
Cost of lssc.w 24,05037
2,693,261.00
CAP081414 Page 38
Jut 24,2014 4:03 pm Prepared by Weston Financial Group (Pirmece 7.008 Central Point:FFC-REP3,REF) Pagc2
Dated Date
BOND PRICING
Delivery Date
08/20/2014
First Coupon
12/01/2014
Pull Faith & Credit
Obligations
Original Issue Discount
Production
2,693,261.00 100.000000%
2014 Refunding
Purchase Pre,
2,693,261.00 100.000000%
Accrued Interest
Debt service may vary from bank's computation by
peones. Rely on
schedule in
loan document.
Maturity
Bond Component Date
Amount
Rate
Yield
Pnue
Bond CompomenC
12/01/2014
53,000.00
2.490%
2.490%
100,000
12/01/2015
521.000.00
2.490%
2.490%
100,000
12:012016
535,000.00
2.49090
2.490%
100.000
12/012017
279,089.90
2.190%
2.490%
100.000
12/01/2018
289,946.30
2.490%
2.490%
100.000
12/012019
157,398.60
2.490°%
2.49096
100.000
12/0112020
160,353.80
2.490%
2.490%
100.000
12,01/2021
167,667.80
2.490%
2.490%
100.000
12/01/2022
170.025.30
2.490%
2.490%
100,000
12/01/2023
176,70370
2490%
2.490%
100.000
12/01,2024
183,075.60
2,490%
2.490%
100.000
2,693.261.00
Dated Date
0820/2014
Delivery Date
08/20/2014
First Coupon
12/01/2014
par Amount
2,693,26100
Original Issue Discount
Production
2,693,261.00 100.000000%
Underwriter's Disegunt
Purchase Pre,
2,693,261.00 100.000000%
Accrued Interest
Nct Proceeds 2,693,261.00
CAP081414 Page 39
Jul 24, 2014 4:03 pm Prepared by Western Financial Group
(Finance 7.008 Ccntral Point:FFC-RFF3,RFF) Pagc3
BOND SUMMARY STATISTICS
Full Faith & Credit Obligations
2014 Refunding
TIC
Debt service may vary from bank's computation by pennies.
Rely on schedule in loan document.
Dated Date
08'20/2014
Delivery Data
08 20/2014
Last Maturity
12/01 /2024
Arbitrage Yield
2.490457%
True interest Cost (TIC)
2.490457%
Net interest Cost(NTC)
2.490000°%
All -Tu TIC
2.709075%
.A,mr a Coupon
2.490000%
Average Life (years)
4.476
Duration oflssue (years)
4.162
Par Amount
2,693,261.00
Bond Proceeds
2,693,261.00
Total Interest
300,175.18
Net Interest
300,175.18
Total Debt Service
2,993,416.18
Maximum Annual Debt Service
581,108.85
Average Annual Debt Service
291,171.55
Underxrziter's Fees (per $1000)
Average Takedourr
Other Fee
Total Underwriter's Discount
Bid Price
100.000000
Bond Component
Bond Comnapent
Par
Value Price
2,693,261.00 100,000
2,693,261.00
Average Accmgc
Coupon Life
2.490% 4,476
4.476
CAP081414 Page 40
All -In
Arbitrage
TIC
TIC
Yield
Par Value
2,693,261.00
2,693,261.00
+Accrued Interest
+ Premium (Discount)
- Undurwritcr's Dkerunt
- Cost of 1samere Expense
-24,050.37
- Other Amnunts
Target Value
2,693,261.30
2,669,210.63
'target Date
08/20/2014
08,20/2014
08/20/2014
Yield
2.490457%
2.709075%
2.490457%
CAP081414 Page 40
Jul 24, 2014 4:03 pm Prepared by Western Financial Gtoup (Finance 7.008 Central PeintFFC-REF3,RRF) Page 1
SAVINGS
3,127,978.75 2,993,436.18
134,542.57
Savines S,,.,ov
PV ofsavings from cash flow
Net PV Savings
CAP081414 Page 41
134,54257 111,870.26
117,870.26
117,870.26
Full Faith & Credit Obligations
2014
Refunding
Debt service
may very from
bank's esnn
nation
by peonies. Rely
on schedule
in Ican docn.et.
Present Value
Prior
Refunding
Annual
to 08/20/2014
Dale
Debt Serviee
Debt Service
Savings
Savings
(g 2.4904568%
09/01,2014
10,700.00
10,700.00
10,69t.91
12/01/2014
41,870.25
72,000.96
-30,130.71
-29,922.21
03/01/2015
10,700.00
10,700.00
10,560.41
06/01/2015
41,870.25
32,871.25
8,999.00
8,826,81
06/30/2015
268.29
09/01/2015
135,700.00
135,700.00
132,282.46
12'01/2015
401,870.25
553,871.25
-152,001,00
-147,258.91
03/01/2016
8,200.00
8,200.00
7,895.17
06/01/2016
34,650.25
26,384.80
8,265,45
7,909.10
06/30/2016
164.45
09/01/2016
138,200.00
138,200.00
131,426.02
12/01/2016
410,650.25
561,384.80
-150,734.55
-142,461.93
03/01/2017
5,600.00
5,600.00
5,260.01
06/01/2017
27,038.75
19,724.05
7,314.70
6,828.23
06/30/2017
380.15
09/01/2017
140,600.00
140,600.00
130,439.61
12/01/2017
172,038.75
298,813.95
-126,775.20
-116,888.34
03/01'2018
2,900.00
2,900.00
2,657.34
06/01/2018
24,356.25
16,249.38
8,106.87
7.382.71
06/30/2018
24,831.67
09/01,2018
147,900.00
147.900.00
133,857.66
12/01,2018
174,35625
306,195.68
-131,839.43
-118.585.91
06/012019
21,506.25
12,639.55
$866.70
7,877.26
06/30,'2019
24,927.27
12/01/2019
176,50625
170,038.15
6,468.10
5,675.65
06/01/2020
18,483.75
10,679.93
7,803.81
6,763.49
06/30/2020
14,271.91
12/01/2020
178,483.75
171,033.74
7,450.01
6,377.44
06/01/2021
15,283.75
8,683.53
6,600.22
5,580.50
06/30/2021
14,050.23
12/012021
185,283.75
176,351.33
8,932.42
7,459.50
06/01/2022
11,798.75
6,596.07
5,202.68
4,291.34
06/30/2022
14,135.10
12/01/2022
186,798.75
176,621.37
10,177.38
8,291.39
06'01/2023
8,123.75
4,47925
3,641.50
2,932.61
06'30/2023
13,821.88
12/01/2023
193,123.75
18L182.95
11,940.80
9,490.20
06/01/2024
4,192.50
2,279.29
1,91321
L501.86
06/30/2024
13,854.01
12/012024
199,192.50
185, 3 54.89
13.83 7.61
10,728.87
06/30/2025
13,837.61
3,127,978.75 2,993,436.18
134,542.57
Savines S,,.,ov
PV ofsavings from cash flow
Net PV Savings
CAP081414 Page 41
134,54257 111,870.26
117,870.26
117,870.26
.lol 24, 2014 3:03 pm Prepared by Westem Financial Group (Finance 7.008 Central POInt:F1FC-RBP3,RF,P) Page 5
BOND DEBT SERVICE
2,693,261.00 300,175.18 2,993,436.18 2,993,436.18
CAP081414 Page 42
Full Faith & Credit Obligations
2014
Refunding
Debt s,ice
may, vary
Dorn
bamks computation
by pennies. Rely
on schedule
in loan
document.
Period
Annual
Erding
Principal
Coupon
ina est
Dobt Service
Debt Service
12/01/2014
53,000.00
2490%
19,000.96
72,000.96
06/01/2015
32,871,25
32,871.25
06/30/2015
101,872.21
12/01/2015
521,000-00
2.490%
32,871.25
553,871.25
06/01/2016
26,384.80
26,384.80
06/30/2016
580,256.05
12/01/2016
535,000.00
2.4901A
26,384.80
561,384.80
06/01/2017
19,724.05
19,724.05
06/30/2317
581,108.85
12/01/2017
279,089.90
2.490%
19,724.05
298,813.95
06/01/2018
16,249.38
16,249.38
06/30/2018
315,063.33
12/01,2018
289,946.30
2.490%
16,249.38
306,195.68
06/01/2019
12,639.55
12,639.55
06/30/2019
318,83523
12/01/2019
157.398.60
2.490%
12,639.55
170,038.15
06/012020
10,679.94
10,679.94
06/302020
180,718.09
12/01/2020
160,353.80
2.490%
10,679.94
171,033.74
06/01/2021
8,68353
8,683.53
06/30/2021
179,717.27
12/01/2021
162667.80
2.490%
$68353
176951.33
06/01/2022
6,596.07
6,596.07
06302022
182.947.40
12/01/2022
170,025.30
2,490%
6,596.07
176,621.37
06/01/2023
4,479.25
4,479.25
06/30/2023
181,10062
12/01/2023
176,703.70
2.490%
4,479.25
181,182.95
06/01/2024
2,279.29
2,27929
06/30/2024
183,462.24
12/01/2024
183,075.60
2.490%
2,279.29
185,354.89
06/30/2025
185,354.89
2,693,261.00 300,175.18 2,993,436.18 2,993,436.18
CAP081414 Page 42
Jul 24, 2014 4:03 pm Prepared by WcsWm Financial Group (Finance 7.008 Central Po1nbFFC-REF3,REF) Paye 6
SI:MMARY OF BONDS REFUNDED
Full Faith & Credit Obligations
2014 Refunding
Debt scrOce may vary from bank's computation by p monies. Rely on schedule in loan document.
PRI - Prior Debt
Series 2008 Parks, 2008PARK:
SER 09/01/2015
09/01/2016
09/01/2017
09:01/2018
4.000%
Maturity
Interest
Paz
Call
102.000
Call
Band
Dale
Rate
Amount
Date
Price
Scenic Tenth Upton, 2007 Final, 07STPP:
135.000.00
09/01/2014
102.000
SER
12/01/2015
4.300%
230,000.00
12/012014
100,000
102.000
12/012016
4.30040
241 00090
12/01/2014
100.000
2,606,000.00
47,000.00
Full Faith & Credit
Obligations, Series 2004,
2004:
SBR
12/01/2015
3.500%
130,000.00
12/012014
100.000
12/012016
3.600%
135,000.00
12/012014
100.000
12/01/2017
3.700%
145,000.00
12/012014
100.000
12/01/2018
3.800%
150,000.00
12/01/2014
100.000
12/01/2019
3.900%
155.000.00
12/012014
100.000
12/01/2020
4.000%
160,000.00
12/01/2014
100.000
12/012021
4.100%
170,000.00
12/01/2014
100.000
12/01/2022
4.200%
175,000.00
IMI/2014
100.000
12/01/2023
4.250%
185,000.00
12/01/2014
100.000
12/012024
4.300%
195,000.00
12/01/2014
100.000
_
1,600,000.00
Series 2008 Parks, 2008PARK:
SER 09/01/2015
09/01/2016
09/01/2017
09:01/2018
4.000%
125,D00.00
09/012014
102.000
4.000%
130.000.00
09/01/2014
102.000
4.000%
135.000.00
09/01/2014
102.000
4.000%
_ 145.000.00
09/01/2014
102.000
535,000.00
2,606,000.00
CAP081414 Page 43
Jul 24, 2014
4:03 pro Pmpamd by
Wostere Financial Group (Finance 7.008 Central PoinhFFC-REF3,REF)
Page 7
Arbitrage yield
2.49045780
Escrowyicld
SUNLMARY OF REFUNDING RESULTS
Value of Negative Arbitrage
Full Faith & Credit Obligations
2014 Refunding
D_bt sc,ice may vary from bank's computation by pennies. Rely on schedule in loan document.
Dated Date
08/20/2014
Delivery Date
08/2W2014
Arbitrage yield
2.49045780
Escrowyicld
0.010058%
Value of Negative Arbitrage
14,561.26
Bond Par Amount
2,693,261.00
1 on Interest Cost
2.490457%
Net Interest Cost
2.490000%
All -le TIC
2.709075%
Average Coupon
2.490000%
Average Life
4.476
Par amount ofrefunded bonds 2,606,000.00
Avenge coupon of refunded bonds 4.094415%
Average life of refunded bonds 4.626
PV ofprior debt to 08/20/2014 : 2.490457% 2.811,316.43
Net PV Savings 117,870.26
Percentage savings efrefunded bonds 4.523034%
Perecutagc sat ings efrefunding bonds 4.376489%
CAP081414 Page 44
h024, 2014 4:03 pm Prepared by Western Financial Group (Finance 7.008 Central Point:FF(,-RP.P3,RFF) Pagc 8
ESCROW REQUIREMENTS
Full Faith & Credit Obbgations
2014 Refunding
Debt service may vary from hank's computadon by pennies. Rely on schedule in loan document.
Swvic Tenth Upton 2007 Final(07SIPP)
Period Principal
Ending Interest Redeemed Total
12/01/2014 10,126.50 471,000.00 481,126.50
10,126.50 471,000.00 4x1.126.50
CAP081414 Page 45
Ju124, 2014 4:03 pm Prcparcd by Weston Financial Group (Finance 7.008 Central PoirtFFCd2EF3,RPF) Page 9
ESCROW REQUIREMLI;TS
FallFaith & Credit Obligati...
2014 Refunding
Debt service may vary from bank's compounder by pennies. Rely on scbcdulc in loan docwnent.
Full Faith & Credit Oblieations. Series 2004 (2004
Period Principal
Ending Interest Redeemed Total
12,01/2014 31,743.75 1,600,000.00 1.631.743.75
31,743.75 1,600,000.00 1.631,743.75
CAP081414 Page 46
E1124, 2014 4:03 pm Prepared by Western Financial Group (Finance 7.008 Central POIn(:FFC-REF3,REF) Page 10
ESCROW REQUIREMENTS
Full Faith & Credit Obligations
2014 Refunding
Debt sen ice may vary train bank's computation by pennies. Italy on schedule in lung document.
Sores 2008 Parks (2008P 1RK)
Period
Principal
R,:demption
Ending
interest Redeemed
Premium
'Iota]
09/01/2014
10.700,00 535,000.00
10,700.00
556,400.00
10.700.00 535,000.00
10.700.00
556,400.00
CAP081414 Page 47
Jul 24, 2014 4:03 pm Prepared by Wcstem Financial Group (Finance 7.009 Central PohF:FFC-RF.F3,REF) Pago 11
FINREFUNDED BOND DEBT SERVICE
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary from bank's computation by pennies. Rely on schedule in loan document.
Scenic Tenth Upton. 2007 Final (07S ITP)
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
11/01/2014 221,000 4.300% 4,751.50 225,751_50
06/30,7015 225.751.50
221.000 1,751.50 225,751.50 225,751.50
CAP081414 Page 48
Jul 24, 2014 4:03 pm Prepared by Wcstem Financial Group (Finance 7.008 Cenral PointFFC-REF3,RP.F) Page 12
UNREFUNDED BOND DEB r SERVICE
Full Faith & Credit Obligation,
2014 Refunding
D_bt scrvlec may vary Corm banks computation by pennies. Rely on schedule in loan document.
Full Faith & Credit Obligations Series 2004 (2004)
Pcricd
Ending Principal
12/01/2014 125,000
06/30;2015
125,000
Annual
Debt Debt
Coupon Interest service Scup
3.400°0 2,125 127,125
127.125
CAP081414 Page 49
2,125 127,125 127,125
.Iu124, 2014 4:03 pen Prepared by Western Financial Group (Finance 7.008 Central PoinTFFC-REF3,REP) Page 13
FT'RFFIADE,EON DEET SEPPITCP.
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary from bank's computation by pennies. Rely on schedule in loan document.
Series 2008 Parks (2008PARK)
CAP081414 Page 50
Annual
Period
Debt
Debt
Ending
Principal Coupon
Interest
Service
Service
09/01/2014
120,000 4.000%
2,400
122,400
06/3012015
122,400
120,000
2,400
122,400
122,400
CAP081414 Page 50
Ju124,2014 4:03 pm Prepared by Waster Financial Group (Finance 7.008 Central Point:FFC-REF3,RET) Page 14
FORM 8038 STATISTICS
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary Goin bank's computation by pennies. Rely on schedule in loan document.
Dated Date 08/20/2014
DelivryDate 08,20/2014
Redemption
Bond Component Date Principal
Coupon
Price
Issue Price
at. -Maturity
Bond Component:
12/OV2014 53,000.00
2.490%
100.000
53,000.00
53,000.00
12/01/2015 521,000.00
2.490%
100.000
521.000.00
521,000.00
12/01/2016 535,000.00
2,490%
100.000
535,000.00
535,000.00
12/01/2017 279,089.90
2.490%
100.000
279,089.90
279.089.90
12/01/2018 289,946.30
2.490%
100.000
289,946.30
289.94630
12/01.2019 157,398.60
2.490%
100.000
157,398.60
157,398,60
12/01,2020 160,353.80
2.490%
100.000
160.353.80
160,353.80
12/01/2021 167,667.80
2.490%
100.000
167,667.80
167,667.80
12/01,2022 170,025,30
2,490%
100.000
170,025.30
170,025.30
12/01/2023 176,70170
2.490%
100.000
176,703.70
176,703.70
12/01/2024 183,075.60
2.490%
100.000
183,075.60
183,075.60
2,693,261.00
2,693.261.00
2,693,261,00
Stated
Weighted
Maturity httemst
Issue
Redemption
Awrako
Date Rate
Price
at Maturity
Maturity
Yield
Final Maturity 12;01/2024 2.490% 183,075.60
183,075.60
Entice Issue 2,693,261.00
2,693.261.00
4.4733
2.4905%
Proceeds used for accred interest
0.00
Proceeds used for bond issuance costs (including undcrwriters'
disceund
24,050.37
Proceeds used for credit enhancement
0.00
Proceeds appeared to reasonably required xserve or replacement
fund
0.00
Procccds used to currently refund prior issuus
0.00
Proceeds used to advance refund prior issue=
2,669,210.63
Remaining eeightcd average maturity afthe bonds ro be currently
refunded
2.5913
Remaining weighted average maturity ofthe bands to be advance
refunded
5.1452
CAP081414 Page 51
Jul 24, 2014 4:03 pm Prepared by Western Financial Group (Finance 7.008 Central PointFFC-REF3,REF) Page 15
FORM 8038 STAIISICS
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary from banks eumputation by pennies. Rely on schedule in loan document.
Refundod Bonds
Band
Last
Weighted
Call
Issue
SER
Component
Date
Principal
100.000
Coupon
Price
SER
Team, Price
Scenie'Penth Upton, 2007 Final:
4.000%
100.000
6.1388
130,000.00
SER
09:01/2017
SER
12/01,2015
230,000.00
4.300%
100.000
09/01/2018
230,000.00
SER
12/01/2016
241,000.00
_145,000.00
4.300%
100.000
535,000.00
241,000.00
471,000.00
2,606,000.00
471,000.00
Full Faith & Credit Obligations, Series 2004:
2,595,427.65
SER
12/01/2015
130,000.00
3.500%
99.265
129,044.50
SER
12/01/2016
135,000.00
3.600%
99.217
133,942.95
SER
12,'01/2017
145,000.00
3.700%
99.274
143,947.30
SER
12/01/2018
150,000.00
3.800%
99.345
149,017.50
SER
12/01/2019
155,000.00
3.900%
99.129
154,114.95
SER
12/01/2020
160,000.00
4.000%
99.523
159,236.80
SER
12/01/2021
170,000.00
4.100%
99.628
169,367.60
SER
12/01'2022
175,000.00
4.200%
99.742
174,548.50
SER
12/012023
185,000.00
4.250%
99,217
183,551.45
SRR
12/012024
195 000.00
4.300%
98998
192,65610
1.600.000.00
1.589.427.65
Series 2008 Parks:
Last
Weighted
Call
Issue
SER
09 01/2015
125,000.00
4.000%
100.000
Scenic Tenth Upton, 2007 Final
125,000.00
SER
09/012016
130,000.00
4.000%
100.000
6.1388
130,000.00
SER
09:01/2017
135,000.00
4.000%
100.000
135,000.00
SER
09/01/2018
145,000.00
4.000%
100.000
_145,000.00
_
535,000.00
535,004 00
2,606,000.00
2,595,427.65
Remaining
CAP081414 Page 52
Last
Weighted
Call
Issue
Average
Data
Date
Maturity
Scenic Tenth Upton, 2007 Final
12/012014
06/06/2007
1.7922
Full Faith & Credit Obligations, Series 2004
12/012014
09/29/2001
6.1388
Series 2008 Parks
09/01/2014
09/04/2008
2.5913
All Refined Issues
12/01/2014
4.6188
CAP081414 Page 52
]al 24, 2014 4:03 pm Pr_pated by Weatenr Financial Group (Finance 7.008 Centml PoinTFFC-REF3,REF) Page 16
PROOF OF MR I (RAGE YIELD
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary from bank's computation by pennies. Rely on schedule in loan document
300,175.18 0.00
Proceeds S..
Delivery date 08/202014
'1'arVt for yield calculation
CAP081414 Page 53
Present Value
to 08/202014
Date
Debt Service
2.4904567710%
08/19/2014
-2,693,261.00
-2,693,446.17
12/01/2014
72,000.96
71,502.72
06/01/2015
32,871.25
32,242.29
12/01/2015
553,871.25
536,591.72
06/01/2016
26,384.80
25,247.27
12/01/2016
561,384.80
530,574.86
06/012017
19,724.05
18,412.28
12/012017
298,813.95
275,510,25
06/012018
16,249.38
14,797.87
12'012018
306,195.68
275,414.51
O6/01/2019
12,639.55
11,229.10
12/01/2019
170,038.15
149,205.56
06/01/2020
10,679.94
9,256.20
12/01/2020
171,033.74
146,410.19
06/012021
8,683.53
7,34L95
12/01/2021
176,351.33
14727L6i
06/01/2022
6,5W07
5,440.65
12/012022
176,621.37
143,891.29
06/01/2023
4,479.25
3,604.31
12101/2023
181,182.95
143,998.99
06/01/2024
2,279.29
1,789.23
12/01/2021
185.3 54.89
143.713.32
300,175.18 0.00
Proceeds S..
Delivery date 08/202014
'1'arVt for yield calculation
CAP081414 Page 53
Jul 24, 2014 4:03 pm Prcpmcd by Weslem Financial Group (Finance 7.008 Central Pomt;FFC-RFF3,RFF) Page 17
COST OF ISSUANCE.
Full Faith 8t Credit Obligations
2014 Refunding
Debt service may very from hank's computation by pennies. Rely on schedule in loan document
Cost oflssuance $/1000 .lmount
BC
4.45557
12,000.00
FA
3.24885
8,750.00
MDAC
0.29704
800.00
Bank Counscl
0.55695
1,500.00
Escrow.\gent
0.18565
500.00
Mise.
0.18579
500.37
8.92983 24,050.37
CAP081414 Page 54
.Jul 24, 2014 4:03 pm Prepared by Wesanr Financial Group (Finsaae 7.008 Central PointFFC-REF3,RF,F) Page 18
ESCROW DESCRIPTIONS
SLGS Summary
SLGS Raters File 24JUL14
Total Certificates oflndebtedness 2,112,810.00
CAP081414 Page 55
Full Faith & Credit Obligations
2014 Refunding
D.,bt service may vary f om
bank's computation by puppies. hely
on schedule in loan docmnenl.
Type of
Type of
1,11innity First Int
Par Mac
Security
SLGS
�-
Date PmtDatu
Pageant Rate Rate
Aug 20, 2014:
SLGS
- --
Certificate
12/01/2014 12/01/2014
2,112,810 OA10% 0.010%
2,112,810
SLGS Summary
SLGS Raters File 24JUL14
Total Certificates oflndebtedness 2,112,810.00
CAP081414 Page 55
7u124. 2014 4:03 pre Prepared by Western Financial Group (Finance 7.008 Central PoirEFFC-REF3,REP) Page 19
Pumh.e Cast of Cash Total
Data Seeudtica Deposit EscmwCost Yield
D820120I4 2,112810 556,400.63 2,669,210.63 0.010058%
2,112,810 556A00.63 2,669,210.63
CAP081414 Page 56
ESCROW COST
Full Faith & Credit Obligations
2014 Rcflmding
Debt service may
vary from bunk's
computation by pennies. Rely
on schedule in loan document.
Type of
Maturity
Par
Total
Security
Date
Amount Rete
Cast
S1,G5
12/01/2014
2,112,810 0.010%
2,112,810.00
2,112,810
2,112,810.00
Pumh.e Cast of Cash Total
Data Seeudtica Deposit EscmwCost Yield
D820120I4 2,112810 556,400.63 2,669,210.63 0.010058%
2,112,810 556A00.63 2,669,210.63
CAP081414 Page 56
Jul 24, 2014 493 pm Prepared by Western Financial Group (Finance 7.008 Central Point: FFC-RF:F3,RF.F) Page 20
Escrow Cast So=
Purchase date 08/20/2014
Purchase cost of securities 2,112,810.00
Target for yield calculddon 2,112,810.00
CAP081414 Page 57
LSCROW CASH FLOW
Full Faith & Credit Obligations
2014 Refunding
Debt services may vary from bank's
onmputatmo by pennies. Rely on schedule in
Ioan document.
Present Value
Net Escrow
to 08.20, 2014
Date Principal
Inters[ Receipts
a 0.0100581$0
12/01/2014 2,112,810.00
- - — —
59.62 2,112,869.62
2,112,810.00
2,112,810.00
59.62 2,112,869.62
2,112,810.00
Escrow Cast So=
Purchase date 08/20/2014
Purchase cost of securities 2,112,810.00
Target for yield calculddon 2,112,810.00
CAP081414 Page 57
.Jul 24, 2014 4:03 pm Prepared by Westem Financial Group (Finance 7.008 Central Point:FFC-REF3,REF) Pa0e21
ESCROW SUFFICIENCY
CAP081414 Page 58
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary from bank's computation by pennies.
Rely on schedule in
loan document.
R, gmv
Net Escrow
E.resa
Excess
Date Requirement
Receipts
Receipts
balance
08/20/2014
556,400.63
556,400.63
556,400.63
09/01/2014 556,400.00
-556,400.00
0.63
12/01/2014 2,112,870.25
— - -- -
2,112,869.62
-0.63
2,669,270.25
2,669170.25
0.00
CAP081414 Page 58
Jul 24. 2014 4:03 pm Prepared by Western Financial Group
(Finance 7.00R Central PoivtPPC-RYP3,REh� Page22
Delivery date 08/20,2014
Arbitrage yi_ld 2.490457%
CAP081414 Page 59
ESCROW STATISTICS
Full Faith & Credit Obligations
2014 Refunding
Debt service may vary firm banks computation by penmen. Rely on schedule in
loan document.
Modified
Yield to
Yiddto Perieot
Velueof
Total
Duration
Receipt
Disbursement Escrow
Negative
Cost of
Escrow Cost
(,cars)
Date
Date Cost
Arbitrage
Dead Time
Global Proceeds Escrow:
2,669,210.63
0,281
-—
0.010058%
_
0.010058% 2,654,228.73
—
14,561.26
420.61
2.669,210.63
2,654,228.73
13,561.26
420.64
Delivery date 08/20,2014
Arbitrage yi_ld 2.490457%
CAP081414 Page 59
Jr] 24, 2014 4:03 Pm Prepared by Western Financial Group (Finanoe 7,008 Cenral Point:FFC-REF3,REF) Page23
PROOF OF C034POS1"IE ESCROW YIELD
Full Faith &Coedit Obligations
2014 Refunding
Debt scrvica may vary from bank's computation by pennies. Rely on schedule in loan document.
All restrictd escrawe funded by bond Proceeds
Present Value
Scwaity to 08; 20/2014
Date Receipts r; 0.0100581347%
12/01/2014 2,112,869.62 2,112,810.00
2,112,869.62 2,112,810.00
Escrow Cost Sutnmaaa
Purchase date 08/20'2014
Purchase cost of securities 2,112,810.00
Target for yield calcaltam 2,112,810.00
CAP081414 Page 60
Resolution
Tax=Exempt Bond
Policy
CAP081414 Page 61
Staff Report
CENTRAL
POINT
Finance Department
Bev Adams, Finance Director
Background:
At this meeting Council will be asked to consider approval of a debt refinance package which will consolidate several
issues and save the City considerable money in interest costs. When this financing closes, we will need to file a Form
8038-G with the IRS. That 8038-G now requires that we indicate whether the City has established written post -
issuance compliance procedures to ensure compliance with the arbitrage and the private business use rules imposed
on tax-exempt bonds and bond -financed facilities.
The background forthis is that the IRS has become increasingly interested in "encouraging" issuers to adopt written
compliance procedures because they believe (probably not unreasonably) that tax compliance may improve if issuers
have written procedures addressing how they will monitor compliance after bonds are issued. Havingwritten
procedures is not in and of itself a tax requirement, but if the City does not have written procedures, then we'll have to
leave those boxes blank on the 8038-G.
Although the IRS does not require issuers to adopt post -issuance compliance procedures, it has provided an incentive
in the form of reduced penalties in the event that there is an inadvertent tax violation after issuance. For example, if
there is a change in use of a bond -financed facility in a way that causes tax issues, an issuer who discovered the
problematic change in use pursuant to its post -issuance procedures is entitled to a pay a reduced amount if the change
is such that a monetary settlement to the IRS is required to resolve the tax issue. Of course we plan for there not to be
a tax issue in the first place, but if the City has procedures in place the settlement in the event of such an issue would
be reduced. In addition, while the IRS has stated that it is not targeting issuers without post -issuance compliance
procedures for an audit, they have indicated that they view the adoption of these procedures to be a favorable fact
during an audit in indicating that the issuertakes its post -issuance compliance procedures seriously.
Attached are the proposed tax-exempt bond post -issuance compliance policy and the resolution to adopt the policy.
Recommended Action:
That Council, by resolution, adopt the Tax -Exempt Bond Post -Issuance Compliance Policy for the City of Central
Point.
CAP081414 Page 62
W
no
To: Mayor & Council
y
From: Bev Adams, Finance Director
ai
Q
Date: Augustu"aoiy
0
i
Subject: Tax-exempt bond post -issuance policy
y
K
Background:
At this meeting Council will be asked to consider approval of a debt refinance package which will consolidate several
issues and save the City considerable money in interest costs. When this financing closes, we will need to file a Form
8038-G with the IRS. That 8038-G now requires that we indicate whether the City has established written post -
issuance compliance procedures to ensure compliance with the arbitrage and the private business use rules imposed
on tax-exempt bonds and bond -financed facilities.
The background forthis is that the IRS has become increasingly interested in "encouraging" issuers to adopt written
compliance procedures because they believe (probably not unreasonably) that tax compliance may improve if issuers
have written procedures addressing how they will monitor compliance after bonds are issued. Havingwritten
procedures is not in and of itself a tax requirement, but if the City does not have written procedures, then we'll have to
leave those boxes blank on the 8038-G.
Although the IRS does not require issuers to adopt post -issuance compliance procedures, it has provided an incentive
in the form of reduced penalties in the event that there is an inadvertent tax violation after issuance. For example, if
there is a change in use of a bond -financed facility in a way that causes tax issues, an issuer who discovered the
problematic change in use pursuant to its post -issuance procedures is entitled to a pay a reduced amount if the change
is such that a monetary settlement to the IRS is required to resolve the tax issue. Of course we plan for there not to be
a tax issue in the first place, but if the City has procedures in place the settlement in the event of such an issue would
be reduced. In addition, while the IRS has stated that it is not targeting issuers without post -issuance compliance
procedures for an audit, they have indicated that they view the adoption of these procedures to be a favorable fact
during an audit in indicating that the issuertakes its post -issuance compliance procedures seriously.
Attached are the proposed tax-exempt bond post -issuance compliance policy and the resolution to adopt the policy.
Recommended Action:
That Council, by resolution, adopt the Tax -Exempt Bond Post -Issuance Compliance Policy for the City of Central
Point.
CAP081414 Page 62
RESOLUTION NO.
A RESOLUTION TO ADOPT IfAX-EXEMPT BOND POST -ISSUANCE COMPLIANCE
POLICIES FOR THE CITY OF CENTRAL POINT
RECITALS:
A. The policy is to ensure that the City of Central Point complies with the requirements of
federal tax law to preserve the tax status of interest on tax-exempt obligations.
B. The policy sets forth comp) lance procedures to utilize all proceeds from bonds, certificates
of participation, bond anticipation notes, and tax revenue anticipation notes in accordance
with applicable federal tax requirements with respect to outstanding bonds.
THE CITYOF CENTRAL POINT RESOLVES:
Section 1: To adopt the attached "Tax -Exempt Bond Post -Issuance Compliance Policy".
Passed by the Council and signed by mein authentication of its passage this August 14, 2014.
Hank Williams, Mayor
ATTEST:
Deanna Casey, City Recorder
CAP081414 Page 63
City of Central Point
TAX-EXEMPT BOND POST -ISSUANCE COMPLIANCE POLICY
The purpose of this Policy is to ensure that the City of Central Point (the "Issue[") complies with
applicable requirements of federal tax law necessary to preserve the tax status of interest on tax-
exempt obligations issued by the Issuer. This Policy is designed to set forth compliance procedures
so that the Issuer utilizes the proceeds of all issues of bonds, certificates of participation, bond
anticipation notes, and tax and revenue anticipation notes (collectively referred to as "Bonds") in
accordance with applicable federal tax requirements, and complies with all other applicable federal
requirements with respect to outstanding Bonds.
To comply with applicable federal tax requirements, the Issuer must confirm that the requirements
are met at the time each Bond issue is issued and throughout the term of the Bonds (until maturity
or redemption). Generally, compliance should include retention of records relating to the
expenditure of the proceeds of each Bond issue, the investment of the proceeds of each Bond issue,
and any allocations made with respect to the use of the proceeds of each Bond issue, sufficient to
establish compliance with applicable federal tax requirements, including records related to periods
before the Bonds are issued (e.g., in the case of reimbursement of prior expenditures) until six (6)
years after the final maturity or redemption date of any issue of Bonds.
II.
PROCEDURES.
A. Responsible Official. The City Manager of the Issuer will identify the officer or other employee(s)
of the Issuer (the "Bond Compliance Officer") who will be responsible for each of the procedures
listed below, notify the current holder of that office of the responsibilities, and provide that person a
copy of these procedures. Upon employee transitions, the City Manager or Finance Director of the
Issuer will advise any newly -designated Bond Compliance Officer of his/her responsibilities under
these procedures and will ensure the Bond Compliance Officer understands the importance of these
procedures. If employee positions are restructured or eliminated, the City Manager of the Issuer will
reassign responsibilities as necessary.
Bond Counsel. The Issuer will retain a nationally -recognized bond counsel law firm ("B—ond Counsel")
to assist the Issuer in issuing Bonds. In connection with any tax-exempt Bond issue, Bond Counsel
will deliver a legal opinion which will be based in part on covenants and representations set forth in
the Issuer's Tax Certificate (or other closing documents containing the tax representation) (the "Tax
Certifica e") and other certificates relating to the Bonds, including covenants and representations
concerning compliance with post -issuance federal tax law requirements that must be satisfied to
CAP081414 Page 64
preserve the tax-exempt status of tax-exempt Bonds. As described more fully below, the Issuer will
also consult with Bond Counsel and other legal counsel and advisors, as needed, following issuance
of each Bond issue to ensure that applicable post -issuance requirements in fact are met, so that tax-
exempt status of interest will be maintained for federal income tax purposes so long as any Bonds
remain ou tanin .
The Bond Compliance Officer and/or other designated Issuer personnel will consult with Bond
Counsel and other legal counsel and advisors, as needed, throughout the Bond issuance process to
identify requirements and to establish procedures necessary or appropriate so that that tax-exempt
status of interest will be maintained. Those requirements and procedures shall be documented in a
Tax Certificate and other certificates and/or other documents finalized at or before issuance of the
Bonds. If there is no document in the transcript titled "Tax Certificate," the Bond Compliance Officer
and/or other designated Issuer personnel will consult with Bond Counsel prior to the closing of the
financing to understand which document(s) in the transcript contain the tax representations and
covenants. The requirements and procedures in the Tax Certificate shall include future compliance
with applicable arbitrage rebate requirements and all other applicable post -issuance requirements of
federal tax law throughout (and in some cases beyond) the term of the Bonds.
Documentation of Tax Requirements. The federal tax requirements relating to each Bond issue will be
set forth in the Tax Certificate executed in connection with the Bond issue, which will be included in
the closing transcript. The certifications, representations, expectations, covenants and factual
statements in the Tax Certificate relate primarily to the restriction on use of the Bond -financed
facilities by persons or entities other than the Issuer, changes in use of assets financed or refinanced
with Bond proceeds, restrictions applicable to the investment of Bond proceeds and other moneys
relating to the Bonds, arbitrage rebate requirements, and economic lite of the Bond -financed assets.
In rmation Reportine. The Bond Compliance Officer and/or other designated Issuer personnel will
assure filing of information returns on IRS Form 8038-G no later than the 151M1 day of the second
calendar month in the calendar quarter following the calendar quarter in which an issue of Bonds is
Issued. The Issuer will confirm that the IRS Form 8038-G is accurate and is filed in a timely manner
with respect to all Bond issues, including any required schedules and attachments. The IRS Form
8038-G filed with the IRS, together with an acknowledgement copy (if available) or IRS Notice CP152,
will be included as part of the closing transcript for each Bond issue, or kept in the records related to
the appropriate issue of Bonds.
C. Application of Bond -Proceeds
Use of Bond Proceeds. The Bond Compliance Officer and/or other designated Issuer personnel shall:
* monitor the use of Bond proceeds and the use of the Bond -financed assets
(e.g., facilities, furnishings or equipment) throughout the term of the Bonds (and in
some cases beyond the term of the Bonds) to ensure compliance with covenants and
restrictions set forth in the applicable Tax Certificate;
CAP081414 Page 65
* maintain records identifying the assets or portion of assets that were
financed or refinanced with proceeds of each issue of Bonds;
* consult with Bond Counsel and other legal counsel as needed in the review of
any contracts or arrangements involving use of Bond -financed facilities to ensure
compliance with all covenants and restrictions set forth in the applicable Tax
Certificate;
* maintain records for any contracts or arrangements involving the use of
Bond -financed facilities as might be necessary or appropriate to document
compliance with all covenants and restrictions set forth in the applicable Tax
Certificate; and
* communicate as necessary and appropriate with personnel responsible for
the Bond -financed assets to identify and discuss any existing or planned use of the
Bond -financed assets, to ensure that those uses are consistent with all covenants and
restrictions setforth in the applicable Tax Certificate.
Timely Exoenditure of Bond Proceeds. At the time of issuance of any Bonds issued to fund original
expenditures, the Issuer must reasonably expect to spend at least 85% of all proceeds expected to be
used to finance such expenditures (which proceeds would exclude proceeds in a reasonably required
reserve fund) within three (3) years after issuance of such Bonds.' In addition, for such Bonds, the
Issuer must have incurred or expect to incur within six months after issuance original expenditures
of not less than 5% of such amount of proceeds, and must expect to complete the Bond -financed
project (the "Pro' ") and allocate Bond proceeds to costs with due diligence.' Satisfaction of
these requirements allows Project -related Bond proceeds to be invested at an unrestricted yield for
three (3) years.' Bonds issued to refinance outstanding obligations are subject to separate
expenditure requirements, which shall be outlined in the Tax Certificate relating to such Bonds. The
Issuer's finance staff will monitor the appropriate capital project accounts (and, to the extent
applicable, working capital expenditures and/or refunding escrow accounts) and ensure that Bond
proceeds are spent within the applicable time period(s) required under federal tax law.
In the case of short-term working capital financings (e.g, TRANS), the Issuer's actual maximum cumulative cash flow
deficit as of the close of the six-month period commencing an the issue date must be at least equal to 100% of the issue price of
the notes (under the six-month rebate exception, excluding the reasonable working capital reserve) or 90% of the issue price of
the notes (under the statutory safe harbor exception) in order for the notes to be exempt from the rebate requirements.
These requirements do not apply to short-term working capital financings It, g., TRANS).
Proceeds of working capital financings (e.g., TRANS) may be invested at an unrestricted yield for thirteen (13)
months..
3
CAP081414 Page 66
Capital Expenditures. In general, proceeds (including earnings on original sale proceeds) of Bonds
issued to fund original expenditures, otherthan proceeds deposited in a reasonably required reserve
fund or used to pay costs of issuance, should be spent on capital expenditures.' For this purpose,
capital expenditures generally mean costs to acquire, construct, or improve property (land, buildings
and equipment), or to adapt the property to a new or different use. The property financed or
refinanced must have a useful life longer than one (1) year. Capital Expenditures include design and
planning costs related to the Project, and include architectural, engineering, surveying, soil testing,
environmental, and other similar costs incurred in the process of acquiring, constructing, improving
or adapting the property. Capital Expenditures do not include operating expenses of the Project or
incidental or routine repair or maintenance of the Project, even if the repair or maintenance will have
a useful life longer than one (1) year.
D. Use of Bond -Financed Assets.
Oovaiership_and Use of Pr 'e . For the life of a Bond issue, the Project must be owned and operated
by the Issuer (or another state or local governmental entity). At all times while the Bond issue is
outstanding, no more than 10% (or $15,000,000, if less) of the Bond proceeds or the Project may
used, directly or indirectly, in a trade or business carried on by a person other than a state or local
governmental unit ("Private Use").' In addition, not more than 5% (or $5 million, if less) of the
proceeds of any Bond issue may be used, directly or indirectly, to make a loan to any person other
than governmental persons. Generally, Private Use consists of any contract or other arrangement,
including leases, management contracts, operating agreements, guarantee contracts, take or pay
contracts, output contracts or research contracts, which provides for use by a person who is not a
state or local government on a basis different than the general public. The Project may be used by
any person or entity, including any person or entity carrying on any trade or business, if such use
constitutes "General Public Use". General Public Use is any arrangement providing for use that is
available to the general public at either no charge or on the basis of rates that are generally
applicable and uniformly applied.
Management or Oper in. A. reement . Any management, operating or service contracts whereby a
non-exempt entity is using assets financed or refinanced with Bond proceeds (such as bookstore,
cafeteria or dining facility, externally -managed parking facilities, gift shops, etc.) must relate to
portions of the Project that fit within the allowable private use limitations or the contracts must
meet the IRS safe harbor for management contracts. Any replacements of or changes to such
contracts relating to Bond -financed assets or facilities, or leases of such assets or facilities, should be
reviewed by Bond Counsel. The Bond Compliance Officer shall contact Bond Counsel if there may he
a lease, sale, disposition or other change in use of assets financed or refinanced with Bond proceeds.
Proceeds ofworking capital financings (e.g., TRANs) need not be spent for capital expenditures.
This 10% limitation is limited to 5% in cases in which the Private Use is either unrelated or disproportionate to the
governmental use of the financed facility.
CAP081414 Page 67
UAcfuLL11ja Limitation. The weighted average maturity of the Bond issue cannot exceed t00% of the
weighted average economic life of the Bond -financed assets. In other words, the weighted average
economic life of the Project must be at least 80% of the weighted average maturity of the Bond issue.
Additional state law limitations may apply as well.
E. Investment Restrictions rbitra2e Yield Calculations Rebate.
Investment Restrictions. Investment restrictions relating to Bond proceeds and other moneys
relating to the Bonds are set forth in the Tax Certificate. The Issuer's finance staff will monitor the
investment of Bond proceeds to ensure compliance with applicable yield restriction rules.
Use Control of Bond Proceeds. Unexpended Bond proceeds (including reserves) may be held
directly by the Issuer or by the trustee for the Bond issue under an indenture or trust agreement.
The investment of Bond proceeds shall be managed by the Issuer. The Issuer shall maintain
appropriate records regarding investments and transactions involving Bond proceeds. The trustee, if
appropriate, shall provide regular statements to the Issuer regarding investments and transactions
involving Bond proceeds.
Arhitr a Yield Calculations. Investment earnings on Bond proceeds should be tracked and
monitored to comply with applicable yield restrictions and/or rebate requirements. Any funds of the
Issuer set aside or otherwise pledged or earmarked to pay debt service on Bonds should be analyzed
to assure compliance with the tax law rules on arbitrage, invested sinking funds, and pledged funds
(including gifts or donations linked or earmarked to the Bond -financed assets.
Rebate. The Issuer is responsible for calculating (or causing the calculation of) rebate liability for
each Bond issue, and for making any required rebate payments. Unless Bond Counsel has advised
the Issuer that the Bonds are exempt from the rebate requirements described in this section, the
Issuer will retain an arbitrage rebate consultant to perform rebate calculations that may be required
to be made from time to time with respect to any Bond issue. The Issuer is responsible for providing
the arbitrage rebate consultant with requested documents and information on a prompt basis,
reviewing applicable rebate reports and other calculations and generally interacting with the
arbitrage rebate consultant to ensure the timely preparation of rebate reports and payment of any
rebate.
The reports and calculations provided by the arbitrage rebate consultant are intended to assure
compliance with rebate requirements, which require the Issuer to make rebate payments, if any, no
later than the fifth (51M1) anniversary date and each fifth (5") anniversary date thereafter through the
final maturity or redemption date of a Bond issue. Afinal rebate payment must be made within sixty
(60) days of the final maturity or redemption date of a Bond issue.
The Issuer will confer and consult with the arbitrage rebate consultant to determine whether any
rebate spending exceptions may he met. Rebate spending exceptions are available for periods of 6
months, 18 months and 2 years. The Issuer will review the Tax Certificate and/or consult with the
5
CAP081414 Page 68
arbitrage rebate consultant or Bond Counsel for more details regarding the rebate spending
exceptions.
In the case of short-term working capital financings, such as tax and revenue anticipation notes, if
there is concern as to whether or not the Issuer has met its requisite maximum cumulative cash flow
deficit with respect to its short-term working capital notes, the services of a rebate analyst should be
engaged to determine whether either the six-month spending exception or the statutory safe harbor
exception to the rebate rules is met (in which case no rebate would be owed) or whether the
proceeds of the notes are subject, in whole or in part, to rebate.
Copies of all arbitrage rebate reports, related return filings with the IRS (i.e., IRS Form 8038-T),
copies of cancelled checks with respect to any rebate payments, and information statements must
be retained as described below. The responsible official of the Issuer described in Subsection A of
this Part II will follow the procedures set forth in the Tax Certificate entered into with respect to any
Bond issue that relate to compliance with the rebate requirements.
F. Record Retention.
Allocation of Bond Proceeds to Expenditures, The Issuer shall allocate Bond proceeds to expenditures
for assets, and shall trace and keep track of the use of Bond proceeds and property financed or
refinanced therewith.
Record Keeping Requirements. Copies of all relevant documents and records sufficient to support an
assertion that the tax requirements relating to a Bond issue have been satisfied will be maintained by
the Issuer for the term of a Bond issue (including refunding Bonds, if any) plus six (6) years, including
the following documents and records:
• Bond closing transcripts;
• Copies of records of investments, investment agreements, credit enhancement
transactions, financial derivatives (e.g., an interest rate swap), arbitrage reports and
underlying documents, including trustee statements;
• Copies of material documents relating to capital expenditures financed or refinanced
by Bond proceeds, including (without limitation) purchase orders, invoices, trustee
requisitions and payment records, as well as documents relating to costs reimbursed
with Bond proceeds and records identifying the assets or portion of assets that are
financed or refinanced with Bond proceeds;
• All contracts and arrangements involving private use, or changes in use, of the Bond -
financed property;
• All reports and documents relating to the allocation of Bond proceeds and private
use of Bond -financed property; and
CAP081414 Page 69
• Itemization of property financed with Bond proceeds, including placed in service
dates.
In the case of short-term working capital financings, such as tax and revenue
anticipation notes, information regarding the Issuer's revenue, expenditures and
available balances sufficient to support the Issuer's maximum cumulative cash flow
deficit.
III.
POST -ISSUANCE COMPLIANCE.
A. In General. The Issuer will conduct periodic reviews of compliance with these procedures to
determine whether any violations have occurred so that such violations can be remedied through
the "remedial action" regulations (Treas. Reg. Section 1.141-12) or the Voluntary Closing Agreement
Program (VCAP) described in IRS Notice 2008-31 (or successor guidance). If any changes or
modifications to the terms or provisions of a Bond issue are contemplated, the Issuer will consult
Bond Counsel. The Issuer recognizes and acknowledges that such modifications could result in a
"reissuance" of the Bonds for federal tax purposes (i.e., a deemed refunding) and thereby jeopardize
the tax-exempt status of the Bonds after the modifications.
The Bond Compliance Officer and/or other designated Issuer personnel will consult with Bond
Counsel and other legal counsel and advisors, as needed, following issuance of each issue of the
Bonds to ensure that all applicable post -issuance requirements in fact are met, so that interest on
the Bonds will be excluded from gross income for federal income tax purposes so long as any Bonds
remain outstanding. This will include, without limitation, consultation in connection with future
contracts with respect to the use of Band -financed assets and future contracts with respect to the
use of output or throughput of Bond -financed assets.
Whenever necessary or appropriate, the Issuer will engage an expert advisor as arbitrage rebate
consultant to assist in the calculation of arbitrage rebate payable in respect of the investment of
Bond proceeds.
B. Monitoring Private or Other Use of Financed Assets. The Issuer will maintain records identifying
the assets or portion of assets that are financed or refinanced with proceeds of a Bond issue,
including the uses and the users thereof (including terms of use and type of use). Such records may
be kept in any combination of paper or electronic form. In the event the use of Bond proceeds or
the assets financed or refinanced with Bond proceeds is different from the covenants,
representations or factual statements in the Tax Certificate, the Issuer will promptly contact and
consult with Bond Counsel to ensure that there is no adverse effect on the tax-exempt status of the
Bond issue and, where appropriate, will remedy any violations through the "remedial action"
regulations (Treas. Reg. Section 1.141-12), the Voluntary Closing Agreement Program (VCAP)
described in IRS Notice 2008-31 (or successor guidance), oras otherwise prescribed by Bond Counsel.
CAP081414 Page 70
C. Ongoing Trainine
Training shall be made available to the Compliance Officer to support the Compliance Officer's
understanding of the tax requirements applicable to the Bonds. Such training may include, but would
not be limited to, attending training sessions at local conferences such as OMFOA and/or OASBO,
participation in IRS teleconferences, reading technical guidance materials provided by educational
organizations, the IRS, and/or Bond Counsel, and discussing questions and issues with the Issuer's
Bond Counsel and/or arbitrage rebate consultant.
D. Annual Checklist of Tax -Exempt Bond Compliance Checklist. The Bond Compliance Officer will
complete the attached "Annual Tax -Exempt Bond Compliance Checklist" with respect to all
outstanding Bonds on or before December 31st of each annual period. The Bond Compliance Officer
will retain a copy of each completed and signed checklist in a file that is retained in accordance with
the document retention requirements described in Section II.F above.
CAP081414 Page 71
Form of Annual Tax -Exempt Bond Compliance Checklist
(To be completed by the "Bond Compliance Officer" as described in the
Tax Exempt Bond Post -Issuance Compliance Policy)
Date Completed:
If an answer to any question above is "Yes", or the answer is unclear, the Bond Compliance Officer
shall consult with the Issuer's bond counsel to determine (i) if the event could adversely impact the
tax -exemption of the Issuer's outstanding tax-exempt bonds andlor (ii) whether any action needs to
be taken during the upcoming annual period to ensure compliance with the tax-exempt bond
restrictions.
The undersigned is the "Bond Compliance Officer" as described in the Tax -Exempt Bond Compliance
Procedures and has completed the above checklist to the best of the knowledge of the undersigned.
Signature of Bond Compliance Officer
(Print name)
CAP081414 Page 72
Yes
No
Has there been a sale of all or any portion of a facility financed with tax-
exempt bonds (a "Project")?
Has there been a lease of all or any portion of a Project to any party other
than a state or local government?
Has the Issuer entered into a new, or amended an already existing,
management or service contract related to a Project?
Has the Issuer entered into a naming rights agreement relating to all or any
portion of a Project?
Has the Issuer entered into any other arrangement with an entity, other
than a state or local government, that provided legal rights to that entity
with respect to a Project?
Will there be a rebate/yield restriction arbitrage computation date during
the upcoming annual period?
Is the Issuer out of compliance with the record retention requirements as
described in Section IV of the Tax -Exempt Bond Compliance Procedures?
If an answer to any question above is "Yes", or the answer is unclear, the Bond Compliance Officer
shall consult with the Issuer's bond counsel to determine (i) if the event could adversely impact the
tax -exemption of the Issuer's outstanding tax-exempt bonds andlor (ii) whether any action needs to
be taken during the upcoming annual period to ensure compliance with the tax-exempt bond
restrictions.
The undersigned is the "Bond Compliance Officer" as described in the Tax -Exempt Bond Compliance
Procedures and has completed the above checklist to the best of the knowledge of the undersigned.
Signature of Bond Compliance Officer
(Print name)
CAP081414 Page 72
Ordinance
Chapter 3.30
Marijuana and
Marijuana Infused
Product Tax
CAP081414 Page 73
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
July 241h, 2014
AGENDA ITEM: Ordinance No. _ An ordinance establishing Central Point Municipal
Code Chapter 3.30 — marijuana and marijuana -infused product tax.
STAFFSOURCE:
Chris Clayton, City Manager
Sydnee Dreyer, City Attorney
BACKGROUND/SYNOPSIS:
The City of Central Point Council has been very proactive in creating time, place and manner
restrictions on medical marijuana dispensaries established under Oregon House Bill 3460. To date,
there are 198 approved and 115 provisionally approved dispensaries in Oregon; however, the City
of Central Point has received zero applications. Furthermore, the City of Central Point has
exercised State -granted authority provided by Senate Bill 1531 to invoke a one-year moratorium on
the establishment of medical marijuana facilities (expires in May of 2015). Throughout this entire
process, the Central Point City Council has remained resolute in its desire to discourage the
establishment of such facilities within the City of Central Point. Moreover, the City Council is
acutely aware of the conflict between state and federal law on this subject and has made every
attempt to remain legally compliant. Unfortunately, the lack of consistency between state and
federal law/policy has put many cities and counties in a compromised position.
November's general election will likely (signature collection is underway) include Oregon ballot
initiative #53 (officially known as the Control, Regulation, and Taxation of Marijuana and
Industrial Hemp Act). Section 442 of this ballot measure is specifically aimed at limiting local
government's ability to offset public safety-related impacts/costs by collecting a product tax on
marijuana -based products. Section #42's language is as follows:
No county or city of this state shall impose any fee or tax, including occupation taxes, privilege
taxes and inspection fees, in connection with the purchase, sale, production, processing,
transportation, and delivery ofmarijuana items.
Because this language does not specifically repeal a local marijuana tax in effect at the time of the
measures passage, and because this language can be interpreted to read "No county or city of this
state shall [after the effective date of this measure] impose any fee or tax..." it can be argued that
this initiative's language would not pre-empt a taxation ordinance if it is adopted by the City
Council prior to November's election. City Council adoption does not guarantee that this product
tax would not be legally challenged; however, absent invalidation by a state court, this product tax
CAP081414 Page 74
ordinance would survive voter approval of ballot initiative #53, and not adopting the ordinance
prior to November, should the initiative pass, would certainly preclude future action on this matter.
The ordinance presented for Council consideration is a gross receipts tax on the sale of marijuana,
medical marijuana and marijuana -infused products. A gross receipts tax is applied to the total gross
taxable revenues of a business. It is similar to a sales tax except that it is levied on the seller rather
than the purchaser. The seller is responsible for maintaining accurate records of its gross revenues
from taxable goods and services and then remitting a percentage to the taxing entity. Many
businesses that are subject to a gross receipts tax will show the tax on the bill of sale they present to
the customer, but it is nonetheless the business that is responsible for paying it. Central Point's
transient occupancy tax (hotel/motel) is a gross receipts tax. A gross receipts tax has the
administrative advantages of ease of collection and ease of auditing.
Finally, I would be remiss not to mention that the proposed ordinance relies heavily on similar
ordinances adopted by several Colorado cities, the City of Ashland and taxing methodology that
currently exists in the Central Point Municipal Code (transient room occupancy tax).
FISCAL IMPACT:
Ballot Initiative 453: The proposed ballot initiative does provide for a state-wide taxing structure
on the sale of legalized/medical marijuana; however, it does so in the following manner:
Section #33
A tax is imposed on the privilege of engaging in business as a marijuana producer at the rate of.•
$35 dollars per ounce of all marijuana flowers;
$10 dollars per ounce on all marijuana leaves; and
$5 dollar for every immature plant.
The taxes collected under this section would be placed in the Oregon Marijuana Account and would
be distributed based on section #44 of the proposed ballot initiative:
At the end of each month, the Oregon Liquor Control Commission shall certify the amount of
moneys available for distribution in the Oregon Marijuana Account and, after withholding such
moneys as it may deem necessary to carry out its obligations under sections 3 to 70 of this Act,
shall within 35 days of the month.for which a distribution is made distribute the moneys as
follows:
Forty percent shall be transferred to the Common School Fund
Twenty percent shall be transferred to the Mental Health Alcoholism and Drug Services Account
Fifteen percent shall be transferred to the State Police Account
Ten percent shall be transferred to cities based on population
Ten percent shall be transferred to counties
5 percent shall be transferred to Oregon Health Authority.
City Revenue: There is no precise way of predicting whether a medical marijuana dispensary will
develop with or without the passage of ballot initiative 53. Furthermore, predicting the tax revenue
generated by the development of such a facility is equally inaccurate, although it is apparent that
Central Point's share of 10% of whatever is left in the Oregon Marijuana Account after OLCC
CAP081414 Page 75
withholds "such moneys as it deems necessary," will likely be insufficient to address the impacts to
Central Point.
City Expenditures: Similar to alcohol, the legalization of marijuana will likely impact the costs
associated with providing adequate public safety. At a minimum, new programs will need to be
developed for prevention/education and treatment. These new program costs will be in addition to
the necessary training required for our public safety officers.
ATTACHMENTS:
I. Ordinance creating chapter 3.30 of the Central Point Municipal Code establishing a tax on
marijuana and marijuana -infused products.
RECOMMENDATION:
I. The proposed ordinance is consistent with previous efforts of the City Council to create a
disincentive to the establishment of a medical marijuana dispensaries/facilities within
Central Point.
2. The proposed ordinance will create the opportunity to provide general fund revenue and
offset the public safety costs/impacts associated with the legalization of marijuana
3. The City's strategic plan emphasizes a proactive city government that adopts policies
aligning with the community's values.
4. Central Point citizen surveys conducted in 2011 & 2013 identify public safety as the highest
priority for citizens of Central Point.
City Staff Recommendation: City staff is recommending adoption of the attached ordinance
amendments.
PUBLIC HEARING REQUIRED:
Yes
SUGGESTED MOTION:
I move to approve the first reading of Ordinance number creating Central Point Municipal Code
chapter 3.30 establishing a marijuana and marijuana -infused product tax.
Return to Agenda
CAP081414 Page 76
ORDINANCE NO.
AN ORDINANCE ESTABLISHING CENTRAL POINT
MUNICIPAL CODE CHAPTER 3.30 MARIJUANA AND
MARIJUANA -INFUSED PRODUCT TAX
Recitals:
A. Wordsi.,,,ed-through are to be deleted and words in bold are added
B. Section 4 of the Central Point Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes and
common law of the United States and of this state expressly or impliedly grant or allow
municipalities, as fully as though this charter specifically enumerated each of those
powers.
C. the City desires to tax the sale or transfer of marijuana and marijuana -infused
products within the City.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION L Title 3 Revenue and Finance of the Central Point Municipal Code hereby adds
a new Chapter 3.30, establishing a tax on the sale of marijuana and marijuana -infused
products, as follows:
CHAPTER 3.30 MARIJUANA AND
MARIJUANA INFUSED PRODUCT TAX
Sections:
330.010 Purpose
330.020 Definitions
330.030 Levy of Tax
330.040 Deductions
330.050 Seller Responsible for Payment of Tax
330.060 Penalties and Interest
330.070 Failure to Report and Remit Tax — Determination of Tax
330.080 Appeal
330.090 Refunds
330.100 Actions to Collect
330.110 Confidentiality
330.120 Audit of Books, Records or Persons
330.130 Penalties
330.140 Forms and Regulations
CAP081414 Page 77
330.010 Purnose.
For the purposes of this Chapter, every person who sells marijuana, medical
marijuana or marijuana -infused products in the City of Central Point is exercising
a taxable privilege. The purpose of this Chapter is to impose a tax upon the
retail sale of marijuana, medical marijuana, and marijuana -infused products.
3.30.020 Definitions.
When not clearly otherwise indicated by the context, the following words and
phrases as used in this chapter shall have the following meanings:
1. "Director" means the Director of Finance for the City of Central Point or
his/her designee.
2. "Gross Taxable Sales" means the total amount received in money, credits,
property or other consideration from sales of marijuana, medical marijuana
and marijuana -infused products that is subject to the tax imposed by this
chapter.
3. "Marijuana" means all parts of the plant of the Cannabis family
Moraceae, whether growing or not; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its resin, as may be defined by Oregon Revised
Statutes as they currently exist or may from time to time be amended. It
does not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted there from), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination.
4. "Oregon Medical Marijuana Program" means the office within the
Oregon Health authority that administers the provisions of ORS 475.300
through 475.346, the Oregon Medical Marijuana Act, and all policies and
procedures pertaining thereto.
5. "Person" means natural person, joint venture, joint stock company,
partnership, association, club, company, corporation, business, trust,
organization, or any group or combination acting as a unit, including the
United States of America, the State of Oregon and any political subdivision
thereof, or the manager, lessee, agent, servant, officer or employee of any of
them.
6. "Purchase or Sale" means the acquisition or furnishing for consideration by
any person of marijuana within the City.
7. "Purchaser" means any person who acquires marijuana from a seller for any
valuable consideration.
8. "Registry identification cardholder" means a person who has been
diagnosed by an attending physician with a debilitating medical condition
and for whom the use of medical marijuana may mitigate the symptoms
or effects of the person's debilitating medical condition, and who has been
issued a registry identification card by the Oregon Health Authority.
CAP081414 Page 78
9. "Retail sale" means the transfer of goods or services in exchange for any
valuable consideration.
10. "Seller" means any person who is required to be licensed or has been
licensed by the State of Oregon to provide marijuana or marijuana -infused
products to purchasers for money, credit, property or other consideration.
11. "Tax" means either the tax payable by the seller or the aggregate amount
of taxes due from a seller during the period for which the seller is required to
report collections under this chapter.
12. "Taxpayer" means any person obligated to account to the Finance
Director for taxes collected or to be collected, or from whom a tax is due,
under the terms of this chapter.
3.30.030 Levy of Tax.
A. There is hereby levied and shall be paid a tax by every seller exercising the
taxable privilege of selling marijuana and marijuana -infused products as defined in
this chapter.
B. The amount of tax levied is as follows:
1) Five percent (5%) of the gross sale amount paid to the seller by
a registry identification cardholder.
2) Ten percent (10%) of the gross sale amount paid to the seller of
marijuana and marijuana -infused products by individuals who are not
purchasing marijuana under the Oregon Medical Marijuana Program.
C. The purchaser shall pay the tax to the seller at the time of the purchase or sale of
marijuana.
330.040 Deductions.
The following deductions shall be allowed against sales received by the seller
providing marijuana:
A. Refunds of sales actually returned to any purchaser;
B. Any adjustments in sales which amount to a refund to a purchaser, providing
such adjustment pertains to the actual sale of marijuana or marijuana -infused
products and does not include any adjustments for other services furnished by a
seller.
3.30.050 Seller Responsible For Payment Of Tax.
A.Evcry seller shall, on or before the fifteenth (151') day of the month following
the end of each calendar quarter (in the months of April, July, October and
January) make a return to the Director, on forms provided by the City,
specifying the total sales subject to this chapter and the amount of tax collected
under this chapter. The seller may request or the Director may establish shorter
reporting periods for any seller if the seller or Director deems it necessary in
order to ensure collection of the tax and the Director may require further
information in the return relevant to payment of the tax. A return shall not be
considered riled until it is actually received by the Director. The quarters are:
CAP081414 Page 79
First quarter: January, February, March
Second quarter: April, May, June
Third quarter: July, August, September
Fourth quarter: October, November, December
B. At the time the return is filed, the full amount of the tax collected shall be remitted
to the Director. Payments received by the Director for application against
existing liabilities will be credited toward the period designated by the taxpayer
under conditions that are not prejudicial to the interest of the City. A
condition considered prejudicial is the imminent expiration of the statute of
limitations for a period or periods.
C. Non -designated payments shall be applied in the order of the oldest liability first,
with the payment credited first toward any accrued penalty, then to interest, then
to the underlying tax until the payment is exhausted. Crediting of a payment
toward a specific reporting period will be first applied against any accrued
penalty, then to interest, then to the underlying tax. If the Director, in his or her
sole discretion, determines that an alternative order of payment application would
be in the best interest of the City in a particular tax or factual situation, the
Director may order such a change. The Director may establish shorter
reporting periods for any seller if the Director deems it necessary in order to
ensure collection of the tax. The Director also may require additional
information in the return relevant to payment of the liability. When a shorter
return period is required, penalties and interest shall be computed according to
the shorter return period. Returns and payments are due immediately upon
cessation of business for any reason. All taxes collected by sellers pursuant to
this chapter shall be held in trust for the account of the City until payment is
made to the Director. A separate trust bank account is not required in order to
comply with this provision.
D. For good cause, the Director may extend the time for filing a return or paying the
tax for not more than one month. Further extension may be granted only by the
city council. A seller to whom an extension is granted shall pay interest at the rate
of one percent per month on the amount of tax due, without proration for a
fraction of a month. If a return is not filed and if the tax and interest due are not
paid by the end of the extension granted, the interest shall become a part of the tax
for computation of penalties prescribed in Section 3.30.060.
E. Every seller required to remit the tax imposed in this chapter shall be entitled to
retain five percent (5%) of all taxes due to defray the costs of bookkeeping and
remittance.
Every seller must keep and preserve in an accounting format established by the
Director records of all sales made by the dispensary and such other books or
accounts as may be required by the Director. Every seller must keep and
CAP081414 Page 80
preserve for a period of three (3) years all such books, invoices and other
records. The Director shall have the right to inspect all such records at all
reasonable times.
330.060 Penalties And Interest.
A. Any seller who fails to remit any portion of any tax imposed by this chapter
within the time required shall pay a penalty of ten percent (10%) of the
amount of the tax.
B. Any seller who fails to remit any delinquent remittance on or before a period of
60 days following the date on which the remittance first became delinquent, shall
pay a second delinquency penalty of fifteen percent (15%) of the amount of the
tax in addition to the amount of the tax and the penalty first imposed.
C. If the Director determines that the nonpayment of any remittance due under this
chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of
the tax shall be added thereto in addition to the penalties stated in subparagraphs
A and B of this section.
D. In addition to the penalties imposed, any seller who fails to remit any tax imposed
by this chapter shall pay interest at the rate of one percent (1%) per month or
fraction thereof on the amount of the tax, exclusive of penalties, from the date on
which the remittance first became delinquent until paid.
E. Every penalty imposed, and such interest as accrues under the provisions of this
section, shall become a part of the tax required to be paid.
F. A seller who fails to remit the tax within the required time may petition the city
council for waiver and refund of the penalty or a portion of it. The council may, if
good cause is shown, direct a refund of the penalty or a portion of it. Any such
hearing will be conducted under the procedures described in section 3.30.080.
3.30.070 Failure To Report and Remit Tax —Determination of Tax by Director.
If anv seller should fail to make, within the time provided in this chapter, anv
report of the tax required by this chapter, the Director shall proceed in such
manner as deemed best to obtain facts and information on which to base the estimate
of tax due. As soon as the Director shall procure such facts and information as is
able to be obtained, upon which to base the assessment of any tax imposed by this
chapter and payable by any seller, the Director shall proceed to determine and
assess against such seller the tax, interest and penalties provided for by this chapter.
In case such determination is made, the Director shall give a notice of the amount so
assessed by having it served personally or by depositing it in the United States
mail, postage prepaid, addressed to the seller so assessed at the last known place of
address. Such seller may appeal such determination as provided in section 3.30.080.
If no appeal is filed, the Director's determination is final and the amount thereby is
immediately due and payable.
CAP081414 Page 81
3.30.080 Appeal.
A.Any seller aggrieved by any decision of the Director with respect to the amount of
such tax, interest and penalties, if any, may appeal to the city council by filing a
notice of appeal with the Director within fifteen (15) days of mailing of the notice of
a decision. The city manager shall fix a time and place for hearing the appeal, as
prescribed by the city council, and shall give the appellant fifteen days written
notice of the time and place of the hearing before the city council.
B. The appellant shall pay a nonrefundable appeal fee to facilitate the appeal. Appeal
Fees shall be set at $150 for each decision appealed, and may be adjusted by
Resolution of the city council.
C. The parties shall be entitled to appear personally and by counsel and to present such
facts, evidence and arguments as may tend to support the respective positions on
appeal.
D. The city council shall afford the parties an opportunity to be heard at an appeal
hearing after reasonable notice. The city council shall take such action upon the
appeal it sees fit. The city council shall at a minimum:
1) At the commencement of the hearing, explain the relevant issues involved in the
hearing, applicable procedures and the burden of proof.
2) At the commencement of the hearing place on the record the substance of any
written or oral ex parte communications concerning any relevant and material fact
in issue at the hearing which was made outside the official proceedings during the
pendency of the proceeding. The parties shall be notified of the substance of the
communication and the right to rebut the communication. Notwithstanding the
above, the parties are prohibited from engaging in ex parte communications with
the members of the city council.
3) Testimony shall be taken upon oath or affirmation of the witnesses.
4) The city council shall ensure that the record developed at the hearing shows a full
and fair inquiry into the relevant and material facts for consideration for the issues
properly before the hearings officer.
5) Written testimony may be submitted under penalty of false swearing for entry
into the record. All written evidence shall be filed with the City recorder no less
than (5) five working days before the date of the hearing.
6) The city council shall hear and consider any records and evidence presented
bearing upon the Director's determination of amount due, and make findings
affirming, reversing or modifying the determination.
CAP081414 Page 82
7) Informal disposition may be made of any case by stipulation, agreed settlement,
consent order or default.
F. The action of the Director shall be stayed pending the outcome of an appeal properly
filed pursuant to this section.
G. Failure to strictly comply with the applicable appeal requirements, including but not
limited to the required elements for the written notice of appeal, time for filing of
the notice of appeal, and payment of the applicable appeal fee, shall constitute
jurisdictional defects resulting in the summary dismissal of the appeal.
H. The findings of the city council shall be final and conclusive, and shall be served
upon the appellant in the manner prescribed above for service of notice of
hearing. Any amount found to be due shall be immediately due and payable
upon the service of notice.
330.090. Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid
more than once, or has been erroneously collected or received by the City under this
chapter, it may be refunded as provided in subparagraph B of this section, provided
a claim in writing, stating under penalty of perjury the specific grounds upon which
the claim is founded, is filed with the Director within one year of the date of
payment. The claim shall be on forms furnished by the Director.
l.The Director shall have 20 calendar days from the date of receipt of a claim to
review the claim and make a determination in writing as to the validity of the
claim. The Director shall notify the claimant in writing of the Director's
determination. Such notice shall be mailed to the address provided by
claimant on the claim form. In the event aclaim is determined by the Director
to be a valid claim, in a manner prescribed by the Director a seller may claim
a refund, or take as credit against taxes collected and remitted, the amount
overpaid, paid more than once or erroneously collected or received. The seller
shall notify the Director of claimant's choice no later than 15 days
following the date Director mailed the determination. In the event claimant
has not notified the Director of claimant's choice within the 15 day period and
the seller is still in business, a credit will be granted against the tax liability for
the next reporting period. If the seller is no longer in business, a refund check
will be mailed to claimant at the address provided in the claim form.
2.No refund shall be paid under the provisions of this section unless the
claimant established the right by written records showing entitlement to such
refund and the Director acknowledged the validity of the claim.
330.100 Actions to Collect.
Any tax required to be paid by any seller under the provisions of this chapter shall be
deemed a debt owed by the seller to the City. Any such tax collected by a seller
CAP081414 Page 83
which has not been paid to the City shall be deemed a debt owed by the seller to
the City. Within three years after the tax becomes payable or within three years after
a determination becomes final, the City may bring an action in the name of the city in
the courts of this state, another state or the United States to collect the amount
delinquent and penalties and interest. In lieu of filing an action for the recovery, the
City, when taxes due are more than 30 days delinquent, can submit any outstanding
tax to a collection agency. So long as the City has complied with the provisions
set forth in ORS 697.105 (as hereafter amended), in the event the City turns over a
delinquent tax account to a collection agency, it may add to the amount owing an
amount equal to the collection agency fees, not to exceed the greater of fifty dollars
($50.00) or fifty percent (50%) of the outstanding tax, penalties and interest owing.
3.30.120 Confidentiality.
Except as otherwise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release or make known in any manner any
financial information submitted or disclosed to the City under the terms of this
chapter. Nothing in this section shall prohibit:
A.The disclosure of the names and addresses of any person who is operating a
licensed establishment from which marijuana is sold or provided; or
B.The disclosure of general statistics in a form which would not reveal an
individual seller's financial information; or
C.Presentation of evidence to the court, or other tribunal having jurisdiction
in the prosecution of any criminal or civil claim by the Director or an appeal
from the Director for amount due the City under this chapter; or
D. The disclosure of information when such disclosure of conditionally exempt
information is ordered under public records law procedures; or
E.The disclosure of records related to a business' failure to report and remit the
tax when the report or tax is in arrears for over six months or the tax exceeds five
thousand dollars ($5,000). The City Council expressly finds and determines that
the public interest in disclosure of such records clearly outweighs the interest in
confidentiality under ORS 192.501(5).
3.30.130 Audit of Books. Records or Persons.
A. It shall be the duty of every seller liable for the collection and payment to the city of
any tax imposed by this chapter to keep and preserve, for a period of three years
and six months, all records, books, reports, income tax reports and other matters
required by this chapter as may be necessary to determine the amount of such tax
as the seller may have been liable for the collection of and payment to the City,
which records the Director shall have the right to inspect at all reasonable times as
set forth below. Every operator shall maintain records of marijuana purchase and
sales, accounting books and records of income. Sellers must, at a minimum, include
a cash receipt and deposit journal, and a cash disbursements journal/check register
CAP081414 Page 84
for all authorized deductions. These records and books shall reconcile to the tax
reports and be auditable. They shall also reconcile to the seller's income tax reports.
If the Director finds the books and records of the seller are deficient in that they do
not provide adequate support for tax reports filed, or the seller's accounting system
is not auditable, it shall be the responsibility of the seller to improve its accounting
system to the satisfaction of the Director.
B. The City, for the purpose of determining the correctness of any tax return, or for
the purpose of an estimate of taxes due, may examine or may cause to be
examined by an agent or representative designated by the City for that
purpose, any books, papers, records, or memoranda, including copies of seller's
state and federal income tax return, bearing upon the matter of the seller's tax
return. All books, invoices, accounts and other records shall be made available
within the City limits and be open at any time during regular business hours for
examination by the Director or an authorized agent of the Director. If any
taxpayer refuses to voluntarily furnish any of the foregoing information when
requested, the Director may immediately seek a subpoena from the Central
Point Municipal Court to require that the taxpayer or a representative of the
taxpayer attend a hearing or produce any such books, accounts and records for
examination.
330.110 Penalties.
A.It is unlawful for any seller or any other person so required to fail or refuse to
furnish any return required to be made, or fail or refuse to furnish the
supplementary return or other data required by the Director or to enter a false or
fraudulent report, with intent to defeat or evade the determination of any amount
due required by this chapter.
B. Violation of any provision of this chapter of this code shall be punishable by the
general penalty. Every day in which the violation is caused or permitted to exist
constitutes a separate infraction, and the punishment therefor shall be in addition
to any other penalty, interest, sum or charge imposed by this code or this chapter.
Delinquent taxes and fees, penalty and interest imposed by this chapter and this
code may be collected in a civil action.
C. The remedies provided by this section are not exclusive and shall not prevent
the City from exercising any other remedy available under the law, nor shall the
provisions of this ordinance prohibit or restrict the City or other appropriate
prosecutor from pursuing criminal charges under state law or City ordinance.
330.140 Forms And Reeulations.
A. The Director is hereby authorized to prescribe forms and promulgate
rules and regulations to aid in the making of returns, the ascertainment, assessment
and collection of said medical marijuana tax and in particular and without limiting
the general language of this chapter, to provide for:
1) A form of report on sales and purchases to be supplied to all vendors;
CAP081414 Page 85
2) The records which sellers providing marijuana and marijuana -infused products
are to keep concerning the tax imposed by this chapter.
SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinance(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word 'ordinance" may be changed to "code", "article", "section', "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
Passed by the Council and signed by me in authentication of its passage this
day of ,2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP081414 Page 86
Ordinance
Amending Chapter
5.24 Adult
Businesses
CAP081414 Page 87
A
CENTRAL
POINT
ADMINISTRATION DEPARTMENT
140 South 3rtl Street Central Point, OR 97 SO2 (S41) 664-7602 www.rentra l pointoregon.gov
STAFF REPORT
August 14", 2014
AGENDA ITEM: Ordinance No. _ An ordinance amending Central Point Municipal
Code Chapter 5.24 — Adult Businesses
STAFFSOURCE:
Chris Clayton, City Manager
Sydnee Dreyer, City Attorney
BACKGROUND/SYNOPSIS:
Earlier this year while reviewing the Central Point Municipal Code for business license issues
associated with medical marijuana dispensaries, staff recognized a need to update the adult business
license code/chapter.
The proposed amendments to Central Point Municipal Code Chapter 5.24 include the following:
I. Revision of the "adult business" definition;
2. Revision of the "specified anatomical areas" definition;
3. Elimination of the "adult arcade" definition;
4. Revision of the "adult cabaret' definition;
5. Revision of the "sexual encounter center" definition;
6. Elimination of"adult hotel & adult motel' definition;
7. Elimination of"massage parlor" definition;
8. Elimination of"modeling studio' definition;
9. Revision of "adult theater" definition;
10. Creation of "significant or substantial portion' definition;
11. Elimination of chapter 5.24.030 section B Planning Commission Discretion.
FISCAL IMPACT:
There appears to be no immediate fiscal impacts; however, new business entering Central Point will
now be correctly classified as adult business. Correct classification will result in the corresponding
business license fees for an adult business.
ATTACHMENTS:
I. Ordinance amending chapter 5.24 of the Central Point Municipal Code Adult Businesses
RECOMMENDATION:
I. The proposed ordinance amendment includes current definitions and updated language that
will allow city staff to accurately apply the Central Point Municipal Code to adult business
applications.
CAP081414 Page 88
City Staff Recommendation: City staff is recommending adoption of the attached ordinance
amendments.
PUBLIC HEARING REQUIRED:
SUGGESTED MOTION:
I move to approve the first reading of Ordinance number amending Central Point Municipal Code
chapter 5.24 — Adult Businesses.
Return to Agenda
CAP081414 Page 89
ORDINANCE NO.
AN ORDINANCE AMENDING CENTRAL POINT -MUNICIPAL CODE
CHAPTER 5.24 ADULT BUSINESSES
Recitals:
A. Words lined through are to be deleted and words in bold are added.
B. Chapter 524 was established in 1981 and is currently out of date in regards to
the definition of what is currently considered an "Adult Business".
"I HE PEOPLE OF"IHECI"IYOFCEN "IRAL POIN"I DO ORDAIN AS FOLLOWS:
SEC "PION I. Chapter 5.24 regulating Adult Businesses is hereby amended to read as
follows:
Sections:
Chapter 524
ADULT BUSINESSES
524.010 Purpose.
524.020 Definitions.
524.030 Regulations for adult businesses.
524.040 License --Required.
524.050 License --Period.
524.060 License --Fees.
524.010 Purpose.
It is recognized that the presence of certain "adult businesses" within the community of
Central Point may result in adverse social and economic impacts, increased crime
incidents, and physical deterioration in the general areas of such businesses. It is evident
that regulations applicable to adult businesses are necessary to preserve the integrity of
existing commercial areas of the city, and to protect the character, safety and stability of
residential areas that are in close proximity to such commercial areas. The purpose of this
section is to establish regulations applicable to adult businesses, as defined in the Oregon
Revised Statutes and in Section 524.020 of this chapter.
524.020 Definitions.
For purposes of this chapter, the following terms and business types are defined in this
section:
A. "Adult business" includes any adult arcade, adult bookstore, adult cabaret, adult
theater, massage pade, sexual encounter center, body y paintingestudio,
CAP081414 Page 90
hotel'_ mmeltopless aFs. or other businesses which are characterized by
an emphasis on sexually explicit material dealing with "specified anatomical areas"
and/or "specified sexual activities," as defined in this section.
B. "Specified Anatomical Areas" means:
L Less than completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks; and
One or both female breasts without a circular covering, centered
on the nipple that is at least three inches in diameter and does not
simulate the organ covered; and
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
C. "Specified sexual activities" means:
L Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual intercourse, sodomy, sexual
stimulation or arousal; and/or
3. Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
ri "n,Wll .. ...,..,: ...,...d .,hi -h ..............._a.. ,... .. .,..�,.,
general public, but v hich excludes minors as a legal or prevailing business I
D€. "Adult bookstore" means any store having a significant portion of its stock in trade,
books, magazines, newspapers, or other printed or written material or any pictures,
drawings, photographs, motion pictures, or other pictorial representations which are
distinguished by their emphasis on matter depicting, describing or relating to "specified
anatomical areas' or "specified sexual activities," as defined in this section.
EF. "Adult cabaret means a nightclub, adult theate_ .,6... or other establishment hick
...,.
a _ .. .... .... .i...... ......
a _a .i...... ....,. _s go a,..:,, a.. .... ... .....:.... .s
female impersonators, OF similar entertainers, OF any establishment which fid ruffe' SUCII
is an establishment having as its primary attraction live exhibition (either
for direct viewing, closed circuit viewing, or viewing through a transparent
partition) for patrons either individually or in groups, where a substantial portion
of the material presented is characterized by an emphasis on "specified anatomical
areas" or "specified sexual activities" and excludes minors as a legal or prevailing
business practice.
CAP081414 Page 91
FG. "Sexual encounter center' means any business, agency, or person who, for any form
of consideration or gratuity, provides a place where persons may congregate, assemble or
associate for the purpose of engaging in sem,"�'ct "specified sexual activities".
ol,"ed m -rut television OF other media, material M hich is distinguished Orchdrdcu-Fi7-d
b .he emphasis ,... matter depicting or describing or related to "specified .e.. .it
activities" "special anatomical ...e. , , hotel ,... motel havinghourlyones and
o.,,.h.diRg PsiRoFs as ., i gal ,._.__ .,ailiR. h ....:.. ......_..,..:,.e
1. "Massage parlor" means any establishment that provides personal massage and is no! a
part of or directly related .,.. licensed mer,..it or physical .hemp facility
j. "Modeling studio" means any establishment in m hich figure models are pFoN ided to
sculptured, photographed, OF similarly depicted, and v, hich excludes minors as a legal OF
businesspractice.
K. G. "Adult theater' means any theater or similar facility which is used primarily for
presenting material disc .guish a •.- by with an emphasis on matter
depicting describing or relating to "specified anatomical areas' or "specified sexual
activities," for observation by patrons therein.
H. "Significant or substantial portion" means more than 25 percent of the total
cost of the inventory of merchandise for sale in the establishment, whether at
wholesale or retail, or more than 25 percent of the establishment's gross sales per
month, whether wholesale or retail.
5.24.030 Regulations for adult businesses.
........................................................................................................................................................................................................................
A. Adult businesses may be granted a conditional use permit by the planning commission
in accordance with the requirements of the zoning district in which the business is
proposed, and in accordance with the following regulations:
1. The proposed use complies with all requirements set forth for the
issuance of a conditional use permit;
2. The lot on which the business is proposed to be located is classified C-5
(thoroughfare commercial);
3. The subject lot is not within two hundred feet of the nearest residential
(R) zoning district;
4. The lot is not within five hundred feet of any lot upon which there is
located a church, educational institution primarily attended by minors, a
public park or recreational facility, a day nursery or child care center, a
mobile home park, or any other public facility which is customarily utilized
by minors;
CAP081414 Page 92
5. The lot is not within one thousand feet of any lot upon which there is
located another adult business;
6. The exterior appearance of the structure shall be consistent with the
appearance of existing commercial structures on abutting lots or within the
immediate neighborhood, so as not to cause blight, deterioration, or
avoidable depreciation in property values within the general vicinity;
7. The business shall be permitted an identification sign but shall not exhibit
advertisements, displays, or any other promotional or advertising materials
that may be visible to the public outside the structure;
8. All doorways, windows and other openings shall be located, covered or
screened in such a manner to prevent a view into the interior from any
exterior public or semipublic area;
9. No adult business, as defined in this chapter, shall be kept open for
business between the hours of ten p.m. and ten a.m., except as specifically
permitted by the terms of the conditional use permit.
B C. Applicants for licenses under this chapter must file with the city recorder a sworn
application in writing for the license which shall give the following information:
L The name of the applicant;
2. Permanent home address and full local address of the applicant;
3. A brief description of the nature of the business and goods to be sold, if
any;
4. Length of time for which the right to do business is desired;
5. The location of the proposed adult business.
C D. Any person violating any of the provisions of this chapter shall, upon conviction
thereof, be punished by a fine not to exceed two hundred dollars or by imprisonment not
to exceed thirty days, or by both such fine or by imprisonment.
5.24.040 License—Required.
No person, or his employee or agent, shall engage in or conduct within the city any adult
business unless the license fee has been paid and a license issued as provided herein.
5.24.050 License—Period.
License for adult businesses shall be for semi-annual periods commencing on July I st
and January I st of each year. No license fee shall be for Tess than the full six-month
quarter semi-annual period.
CAP081414 Page 93
5.24.060 License -Lees.
The license fee to be charged by the city designee for an adult business license shall be as
set forth in the City of Central Point Business License Fee Schedule
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the
City Code and the word 'ordinance" may be changed to "code", "article", "section',
"chapter" or another word, and the sections of this Ordinance may be renumbered, or
re -lettered, provided however that any Whereas clauses and boilerplate provisions need
not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
Passed by the Council and signed by me in authentication of its passage this
day of , 2014.
Mayor Hank Williams
ATTEST:
City Recorder
Return to Agenda
CAP081414 Page 94
Ordinance
Amending Chapter
17.60 Interim Water
Service
CAP081414 Page 95
STAFF REPORT
AGENDA ITEM: File No. 14007
CENTRAL
POINT
STAFF REPORT
August 14, 2014
Planning Department
lour Humphrey, AICP
Community Development Director
Second Reading of Interim Water Service Standards Ordinance penrritting interim water services for lands within the
Tolo Area (CP -IB) urban reserve; Applicant: City of Central Point.
STAFF SOURCE:
Tom Humphrey AICP, Community Development Director
BACKGROUND:
Currently the City has before it a proposal for inclusion of approximately 50 acres to the City's UGB. The area is within
CP -IB and is designated for industrial development per the City's Regional Plan Element. It is the applicant's objective to
include the properties in the UGB (2014), annex (2015), rezone (2015), and develop the property (2016) for traded sector
industrial purposes (trucking). A major impediment to the applicant's objective is the availability of public water, which is
a requirement of development in the City.
Based on the City's Master Water System Plan the City's water service will not be extended to this urban reserve area
until 2028. The estimated cost to extend water seryice to the proposed UGB area is 54,200,000. City CIP funding for the
extension is not scheduled until, at the earliest, 2020. This cost includes an additional estimated $800,000 owner
responsibility to extend the water main the remaining distance to service their property.
At the first reading of this ordinance, the City Council elected to pursue the last of the three the options listed below:
I. Require developers to hear the total cost of the x•atersystens and cstensions. Given the cost of a water system to
service the area this is not a financially feasible option for any one developer.
2. Have the City hear the cost of the cstension and allocate the costs to future projects. To undertake this option the
City would have to raise its water rates, with the additional costs borne by the existing residents. Of all the land
uses (residential, commercial, industrial) industrial has the slowest absorption rate.
3. Allow an interim solution, such as presented in the draji Interim Water Service Standards Ordinance. This
option would allow for development and a binding commitment to the construction of a public water
system when financially feasible. The Interim Water Service Standards Ordinance requires developers to
acknowledge:
a. That they are aware of their ultimate responsibility to financially participate in an improvement
district for a pubkc water system when available; and
to That there are interim water system standards that must be met as a condition of development.
ISSUES:
CP -I B is the City's most significant area for traded sector development and family wage job creation. Without an interim
solution to the provision of water for domestic and fire safety the area cannot be developed and the City will lose family
wagejob opportunities. The Interim Water Service Standards Ordinance applies only to CP -I B and is limited to
ind us trial, commercial land uses.
CAP081414 Page 96
EXHIBITS/ATTACHMENTS:
Attachment "A" — Ordinance No. An Ordinance Amending CPMC Chapter 17.60 by Adding Provisions for Interim
Water Service and Development Standard for Lands within the Tolo Area (CP -H3) Urban Reserve
ACTION:
Consider proposed amendments and 1) adopt the ordinance, 2) make further revisions and postpone action on the
ordinance at this time or 3) deny the ordinance.
RECOMMENDATION:
Return to Agenda
CAP081414 Page 97
ORDINANCE NO.
AN ORDINANCE AMENDING CPMC CHAPTER 17.60 BYADDING PROVISIONS FOR
INTERIM WATER SERVICE AND DEVELOPMENT STANDARDS FOR LANDS WITHIN THE
TOLD AREA (CP -1B) URBAN RESERVE
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time make
revisions to its municipal code which shall become part of the overall document and
citation.
B. On June 3, 2014, the Central Point Planning Commission recommended approval of a
code amendment to CPMC Chapter 17.60 adding Interim Water Service and
Development Standards.
C. On July 24, 2014, the City of Central Point City Council held a property advertised public
hearing; reviewed the Staff Report and findings; heard testimony and comments, and
deliberated on approval of the Municipal Code Amendment.
D. Words linedthroughare to be deleted and words in bold are added.
THE PEOPLE OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Amendments to Chapter 17.60 to add provisions for interim water service and
development standards for lands within the Tolo Area (CP -I B) urban reserve.
Chapter 17.60
GENERAL REGULATION
Sections:
17.60.220 Interim Water Service and Development Standards
17.60.220 Interim Water Service and Development Standards
A. Purpose. The purpose of this Section is to establish regulations permitting interim water
service for new development within CP -16 where the municipal public water system cannot be
immediately extended but where traded sector and support uses will produce economic growth and
development.
B. Applicability. This Section shall apply exclusively to lands located within the area shown on
the below map (the eligible lands) upon inclusion in the City's Urban Growth Boundary and
annexation to the City. Nothing in this Section shall be construed to waive or otherwise interfere with
the authority of the Oregon Water Resources Department, nor shall this ordinance prevent the repair
or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent the
CAP081414 Page 98
issuance of well permits for residential uses where such land is under the jurisdiction of Jackson
County and zoned to permit residential uses.
C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's
Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs
Agreement on forms that the City will provide which acknowledges that:
1. A public water system is not available and that it is the owners responsibility, at time of
development, to demonstrate the owners ability to provide, both physically and financially,
adequate private water service for the proposed development;
2. At such time as a public water system becomes available it will be the owner's responsibility,
at the owner's sole cost and expense, to connect to the public water system; and
3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim
Water Service Agreement pursuant to Subsection D.
D. Interim Water Service Agreement. At time of a development proposal the owner shall enter
into an Interim Water Service Agreement with the City. The Agreement shall be entered into prior to
final plat approval for a partition or subdivision, or the issuance of a building permit by the City, and
shall demonstrate compliance with the following standards:
1. After consulting with Fire District #3, an Applicant for interim water service shall cause the
preparation and submittal of engineered plans to Fire District #3. The engineered plans shall
identify the minimum domestic and fire suppression water needs, the proposed water source,
storage and distribution facilities necessary to meet the minimum water needs for both
domestic use and fire suppression. The engineered plans shall be prepared by a qualified
professional engineer licensed in Oregon that bears his/her professional stamp and seal and
shall include an engineer's estimate of the cost to construct the water system per the
approved engineered plans.
CAP081414 Page 99
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C. Interim Water Service Needs Agreement. Before eligible lands are included within the City's
Urban Growth Boundary the owner of the land shall enter into an Interim Water Service Needs
Agreement on forms that the City will provide which acknowledges that:
1. A public water system is not available and that it is the owners responsibility, at time of
development, to demonstrate the owners ability to provide, both physically and financially,
adequate private water service for the proposed development;
2. At such time as a public water system becomes available it will be the owner's responsibility,
at the owner's sole cost and expense, to connect to the public water system; and
3. Prior to issuance of a Development Permit the owner will apply for and obtain an Interim
Water Service Agreement pursuant to Subsection D.
D. Interim Water Service Agreement. At time of a development proposal the owner shall enter
into an Interim Water Service Agreement with the City. The Agreement shall be entered into prior to
final plat approval for a partition or subdivision, or the issuance of a building permit by the City, and
shall demonstrate compliance with the following standards:
1. After consulting with Fire District #3, an Applicant for interim water service shall cause the
preparation and submittal of engineered plans to Fire District #3. The engineered plans shall
identify the minimum domestic and fire suppression water needs, the proposed water source,
storage and distribution facilities necessary to meet the minimum water needs for both
domestic use and fire suppression. The engineered plans shall be prepared by a qualified
professional engineer licensed in Oregon that bears his/her professional stamp and seal and
shall include an engineer's estimate of the cost to construct the water system per the
approved engineered plans.
CAP081414 Page 99
2. The engineered interim water service plans shall be submitted to Fire District #3 which will
have sole authority to determine, on behalf of the City, whether the plans comply with the
following standards and provided that reasonable and appropriate conditions may be
attached by Fire District #3 to the approved plans:
a) Minimum Water Source, Water Storage, and Water Pressure Standards. The engineering
plans shall comply with and be governed by Oregon law, including the 2010 Oregon Fire
Code, as amended, with respect to water source, water storage, minimum water
pressure for domestic and fire suppression purposes, and for any other matter
concerning the engineering and delivery of interim water service pursuant to this
Section. An applicant shall provide evidence sufficient from the Oregon Water
Resources Department to establish a lawful right to use ground or surface water to
supply interim water service.
Water Quality. Water supplied by groundwater for interim water service and which is
intended for human consumption shall meet State of Oregon water quality standards
for drinking water. Wells shall be tested annually for quality in accordance with
Oregon law.
b) Approval of Engineered Plans for Interim Water Service. Fire District #3 shall approve
the engineered plans when such plans are deemed to comply with the standards for
service set forth in above Subsection (D)(2)(a). Fire District q3 will transmit a copy of the
approved engineering plans and cost estimate to the City promptly following its
approval, along with any conditions recommended to be incorporated into the Interim
Water Service Agreement. The City may then enter into an Interim Water Service
Agreement with the property owner.
3. As a condition of the Interim Water Service Agreement the Applicant shall be required to
complete construction of the approved interim water system prior to issuance of a Certificate
of Occupancy. Prior to issuance of a building permit or final plat the Applicant shall provide
the City with verification by the Oregon Water Resources Department that the project is
exempt, or has obtained the necessary permits from the Oregon Water Resources
Department.
E. Limitations on Interim Water Service. Interim water service in accordance with this Section
and as a prerequisite to the issuance of Development Permits shall only be approved for industrial,
commercial and institutional uses and supporting uses thereof. Residential uses other than those in
conjunction with permitted industrial, commercial and institutional uses, are not eligible to receive
approval for interim water service. However, nothing in this Section shall be construed to prevent the
repair or replacement of existing domestic wells which supply existing dwellings, nor shall it prevent
the issuance of well permits for residential uses where such land is under the jurisdiction of Jackson
County and zoned to permit residential uses.
CAP081414 Pave 100
F. Duration of Interim Water Service. Once an Interim Water Service Agreement is approved by
the City, interim water services may be installed, subject to approval by the Oregon Water Resources
Department, by the owner and continued to be used in accordance with the terms of the Agreement
and this Section until such time that:
1. A permanent public water supply and delivery system is installed in the area and adequate
water supply mains are located within 300 feet of any property authorized for interim water
service or otherwise meets the requirements of the Central Point Municipal Code. At such
time as a public water system is available the City will provide written notice to the owner
who shall be required within ninety (90) days or such greater time as the parties may agree to
properly abandon the interim water system, and connect to the public water system. Such
connection shall be at the owner's sole cost and expense. It is further provided that nothing
in this Section shall prevent the City, at its sole discretion, to permit the continued use of
interim water for landscape irrigation or for any other lawful purpose after connection to a
permanent public water system. Where it is proposed and lawfully permissible to
interconnect the interim and public water systems, proper backflow prevention devices) shall
be installed; and
2. Additional development is proposed on the property, or additional off-site development that
will jointly use the interim water system approved by the Agreement, at which time an
amended Agreement will be required.
G. Shared Services. Authorized interim water service provided by one or more wells located on a
parcel may be permissibly shared, subject to approval by the Oregon Water Resources Department,
with other adjacent and nearby properties subject to an amended Interim Water Service Agreement,
prepared in accordance with Section D that includes all affected properties.
H. Binding Agreement. Approval of an Interim Water Service Needs Agreement and an Interim
Water Service Agreement by the City shall be in the form of a binding, civilly enforceable legal
contract between the City and owner of the property for which interim water service approval is
sought. Both the Interim Water Service Needs Agreement and the Interim Water Service Agreement
shall be recorded and run with the land and be binding upon successors in interest. Upon connection
to a public water system the Interim Water Service Needs Agreement and the Interim Water Service
Agreement shall be terminated pending City's approval, after which the termination shall be
recorded.
PASSED by the Council and signed by me in authentication of its passage this _ day of July
2014.
ATTEST:
City Recorder
CAP081414 Page 101
Mayor Hank Williams
Return to Agenda
Resolution
Ratifying the General
Services Collective
Bargaining
Agreement
CAP081414 Page 102
l
A
CENTRAL ADMINISTRATION DEPARTMENT
POINTChris Clayton, City Manager • Deanna Casey, City Recorder • Barb Robson, Human Resources Director
STAFF REPORT
August 14, 2014
AGENDA ITEM: General Collective Bargaining Agreement Ratification
Consideration of Resolution No. ___—Ratifying the General Service Collective Bargaining Agreement
STAFF SOURCE: Barbara Robson, Human Resources Director
HISTORY: On June 24, 2014 the City and General Service bargaining teams tentatively agreed to a
3 -year successor collective bargaining agreement. The agreement requires ratification by both parties.
The bargaining unit held a ratification vote on July 8, 2014 that resulted in a "no" vote. The reason for
the failed ratification vote was identified as a something that could be "worked out" relatively easily
between the parties. Subsequently, the Teamsters business agent and the city's HR Director have
reached a new tentative agreement. Due to the timing of the tentative agreement, the union had not
yet met for a ratification vote at the time this staff report was written. The union and the city agreed to
relax the ground rule calling for the union to ratify prior to the council voting.
PROPOSAL: It is proposed that the Council ratify the bargained agreement as presented. The
changes to the bargaining agreement since the failed ratification vote are to Articles 9.1(h), 9.3.2, 12.6,
and 15.2 The negotiated agreement is a 3 year contract with a 1.6% cost of living adjustment being
applied to the current pay scale retroactive to July 1, 2014. It adjusts the pay scale by 0-3.5% effective
July 1, 2015 and again on July 1, 2016, based those years' January to January U.S. All Cities CPI -U. Other
changes to the agreement include language to allow some latitude for changing future pay dates,
clarification on paying for certifications, adjusting travel reimbursement parameters, identifying types of
positions that are excluded from this bargaining unit, and language specifying minimum staffing
requirements for public works crews with respect to vacation scheduling. The city agreed to remove the
additional year required for eligibility for "Step F," but clarified that all step increases are contingent on
department head approval. Also, employees hired on or after July 1, 2014 will pay 20% of their health
insurance premiums, while current bargaining unit employees will continue to pay 10% of the premium.
FISCAL IMPACT: The cost of a 1.6% pay increase on the current pay scale is approximately $22,000.
Additionally, three employees will immediately be eligible for Step F; one more will be eligible in January
2015, and another in March 2015. Each step is 5% over the lower step. The change in health insurance
premium sharing will result in a savings to the city as new staff are hired, and the change in travel
reimbursement parameters will also provide potential savings.
i7;140L All At4ILI rE\ ire]
Motion to approve Resolution No. A Resolution Ratifying the General Service Collective
Bargaining Agreement.
ATTACHMENT: TA'd 2014-2017 General Service Collective Bargaining Agreement
CAP081414 Page 103
0*9141111W0101611
A RESOLUTION RATIFYING THE GENERAL SERVICES 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
S. The general service collective bargaining agreement expired June 30, 2014;
The City of Central Point resolves as follows:
The General Service Collective Bargaining Agreement between the City of Central
Point and Teamsters Local 223 (General Service), 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
Return to Agenda
CAPO81414 Page 104
Collective Bargaining Agreement
by and between
The City of Central Point
(General Service(
and
Teamsters
Local Union No. 223
July 1, 2014 through June 30, 2017
CAP081414 Page 105
TABLE OF CONTENTS
PREAMBLE....................................................................................................................................................... 1
1 ARTICLE I - RECOGNITION........................................................................................................................... 1
Section1.1 Recognition.................................................................................................................... 1
Section1.2 Exclusions....................................................................................................................... 1
Section 1.3 New Classification.......................................................................................................... 1
2 ARTICLE II - MANAGEMENT RIGHTS............................................................................................................ 2
Section 2.1 Management Rights....................................................................................................... 2
3 ARTICLE III - MAINTENANCE OF STANDARDS............................................................................................... 3
Section 3.1 Maintenance of Standards.............................................................................................. 3
4 ARTICLE IV - UNION SECURITY..................................................................................................................... 3
Section4.1 Checkoff......................................................................................................................... 3
Section4.2 Fair Share........................................................................................................................ 3
Section 4.3 Religious Objection........................................................................................................ 3
Section4.4 Hold Harmless................................................................................................................. 3
Section4.5 New Hires........................................................................................................................ 4
Section4.6 Bulletin Board................................................................................................................. 4
Section4.7 Right of Access............................................................................................................... 4
Section4.8 City Facilities................................................................................................................... 4
5 ARTICLE V - UNION BUSINESS..................................................................................................................... 4
Section 5.1 Union Business............................................................................................................... 4
Section 5.2 Union Representatives................................................................................................... 4
Section 5.3 Collective Bargaining...................................................................................................... 5
6 ARTICLE VI - NON-DISCRIMINATION........................................................................................................... 5
Section6.1 Gender............................................................................................................................. 5
Section 6.2 Application of Agreement.............................................................................................. 5
7 ARTICLE VII - PERSONNEL FILE.................................................................................................................... 5
Section 7.1 Maintenance of Personnel Files...................................................................................... 5
Section 7.2 Disclosure of Information............................................................................................... 5
Section7.3 Viewing of Files.............................................................................................................. 5
Section 7.4 Representation................................................................................................................ 5
Section 7.5 Employee Signature and Response................................................................................. 5
Section 7.6 Adding and Removing Documents.................................................................................. 6
8 ARTICLE VIII- PROBATION.......................................................................................................................... 6
Section 8.1 Probationary Period........................................................................................................ 6
Section 8.2 Promotional Probationary Period................................................................................... 6
CAP081414 Page 106
9 ARTICLE IX - SENIORITY................................................................................................................................
7
Section9.1 Definition.........................................................................................................................
7
Section9.2 Seniority List....................................................................................................................
7
Section 9.3 Application of Seniority...................................................................................................
7
10 ARTICLE X- LAYOFF AND RECALL..............................................................................................................
8
Section10.1 Layoff............................................................................................................................
8
Section10.2 Notice............................................................................................................................
8
Section 10.3 Eligibility for Layoff Status.............................................................................................
8
Section 10.4 Layoff Procedure...........................................................................................................
8
Section 10.5 Bumping Procedure......................................................................................................
6
Section 10.6 Qualifications, Knowledge, Skills and Abilities..............................................................
9
Section10.7 Change in Pay................................................................................................................
9
Section 10.8 Recall from Layoff.........................................................................................................
9
11 ARTICLE XI - HOURS OF WORK AND OVERTIME........................................................................................
10
Section11.1 Work Week....................................................................................................................
10
Section11.2 Overtime......................................................................................................................
10
Section11.3 Flex Time.......................................................................................................................
10
Section 11.4 Compensatory Time.....................................................................................................
11
Section11.5 Rest Periods...................................................................................................................
11
Section11.6 Meal Periods................................................................................................................
11
Section11.7 Call Back.......................................................................................................................
12
Section11.8 On -Call Status...............................................................................................................
12
12 ARTICLE XII - COMPENSATION...................................................................................................................
14
Section12.1 Salary Schedule............................................................................................................
14
Section12.2 Pay Periods...................................................................................................................
14
Section12.3 Steps..............................................................................................................................
14
Section 12.4 Changes in Position and/or Grade................................................................................
14
Section 12.5 Acting In Capacity or Interim Status Pay.......................................................................
15
Section 12.6 Certification and Licensing Fees....................................................................................
15
Section 12.7 Certification Pay............................................................................................................
16
Section 12.8 Certificate Compensation.............................................................................................
17
Section 12.9 Other Certifications and Certificates.............................................................................
17
Section 12.10 Certification and Certificate Pay Limitations..............................................................
17
Section 12.11 Bilingual/Sign Language Pay.......................................................................................
17
Section 12.12 Education Incentive.....................................................................................................
17
Section 12.13 Maximum Additional Pay............................................................................................
18
Section 12.14 PERS Contribution.......................................................................................................
18
Section 12.15 Deferred Compensation..............................................................................................
18
13 ARTICLE XIII - CLOTHING............................................................................................................................
18
Section13.1 Clothing........................................................................................................................
18
Section13.2 Safety Clothing..............................................................................................................
18
Section 13.3 Clothing Allowance.......................................................................................................
19
Section13.4 Boots............................................................................................................................
19
Section 13.5 Boot Eligibility...............................................................................................................
19
CAPO81414 Page 107
14 ARTICLE XIV
- EXPENSE REIM BURS EM ENT.................................................................................................
19
Section
14.1 Educational Reimbursement.........................................................................................
19
Section
14.2 Travel Expenses............................................................................................................
19
Section14.3
Meals.............................................................................................................................
20
Section14.4
Lodging..........................................................................................................................
20
Section
14.5 Use of Purchasing Card.................................................................................................
20
15 ARTICLE XV -
VACATION............................................................................................................................
20
Section15.1
Accrual...........................................................................................................................
20
Section15.2
Selection.......................................................................................................................
21
Section
15.3 Accrual Limitations.......................................................................................................
21
Section15.4
Termination..................................................................................................................
21
Section15.5
Sell Back........................................................................................................................
21
16 ARTICLE XVI
- HOLIDAYS............................................................................................................................
22
Section16.1
Holidays.........................................................................................................................
22
Section16.2
Observed......................................................................................................................
22
Section
16.3 Floating Holiday............................................................................................................
22
17 ARTICLE XVII
- SICK LEAVE.........................................................................................................................
23
Section17.1
Accrual...........................................................................................................................
23
Section17.2
Utilization.....................................................................................................................
23
Section17.3
Notification...................................................................................................................
23
Section
17.4 Sick Leave Compensation.............................................................................................
23
Section
17.5 Leave Without Pay/Layoff............................................................................................
23
Section
17.6 Immediate Family..........................................................................................................
23
Section
17.7 Integration of Paid Sick Leave With Workers Compensation ......................................
23
Section17.8
Retirement...................................................................................................................
24
18 ARTICLE XVIII
- LEAVE OF ABSENCE WITH PAY..........................................................................................
24
Section
18.1 Bereavement Leave.......................................................................................................
24
Section
18.2 Funeral Leave...............................................................................................................
24
Section
18.3 Civic Responsibility........................................................................................................
24
Section18.4
Military Leave...............................................................................................................
25
Section
18.5 Conferences/Meetings.................................................................................................
25
Section
18.6 Leave Accrual while on Paid Leave...............................................................................
25
19 ARTICLE XIX
- LEAVE OF ABSENCE WITHOUT PAY.....................................................................................
25
Section
19.1 Family Medical Leave....................................................................................................
25
Section19.2
Military Leave................................................................................................................
25
Section
19.3 Other Leave Without Pay.............................................................................................
26
Section
19.4 Leave Accrual while on Leave Without Pay..................................................................
26
20 ARTICLE XX-
INSURANCE COVERAGE.......................................................................................................
26
Section
20.1 Medical, Dental and Vision Insurance...........................................................................
26
Section
20.2 Health Insurance Eligibility............................................................................................
26
Section
20.3 Medical, Dental and Vision Insurance Premiums.........................................................
26
Section20.4
Section 125....................................................................................................................
26
CAPO81414 Page 108
Section 20.5 Health Reimbursement Arrangement...........................................................................
27
Section 20.6 Long Term Disability Insurance....................................................................................
27
Section 20.7 Life Insurance...............................................................................................................
27
(numbers will change due to removal of Article 22)
30
22 ARTICLE XXII — DRUG AND ALCOHOL POLICY.............................................................................................
27
Section 22.1 Drug and Alcohol Policy................................................................................................
27
23 ARTICLE X%III - OUTSIDE EMPLOYMENT....................................................................................................
27
Section 23.1 Outside Employment....................................................................................................
27
24 ARTICLE XXIV - DISCIPLINE AND DISCHARGE............................................................................................
28
Section24.1 Discipline.......................................................................................................................
28
Section24.2 Imposition....................................................................................................................
28
Section 24.3 Probationary Period.....................................................................................................
28
Section 24.4 Grieving Discipline........................................................................................................
28
Section 24.5 Union Representation..................................................................................................
28
25 ARTICLE XXV - GRIEVANCE PROCEDURE...................................................................................................
28
Section25.1 Definition......................................................................................................................
28
Section 25.2 Informal Resolution......................................................................................................
28
Section 25.3 Grievance Procedure....................................................................................................
28
Section25.4 Expenses......................................................................................................................
29
Section25.5 Time Limits...................................................................................................................
30
Section25.6 Grievance File...............................................................................................................
30
26 ARTICLE XXVI - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT...............................................................
30
Section26.1 Lockout.........................................................................................................................
30
Section26.2 Strike............................................................................................................................
30
Section 26.3 Union Responsibility.....................................................................................................
30
Section26.4 Discipline......................................................................................................................
30
Section 26.5 Wages and Benefits During Work Interruption............................................................
30
27 ARTICLE X%VII - SAVINGS CLAUSE.............................................................................................................
31
Section27.1 Savings Clause..............................................................................................................
31
28 ARTICLE X%VIII - DURATION......................................................................................................................
31
Section28.1 Duration.......................................................................................................................
31
29 ARTICLE XXIX- EXECUTION/SIGNATURES................................................................................................. 32
APPENDIX A - PAY SCHEDULE....................................................................................................................... 33
CAPO81414 Page 109
AGREEMENT BETWEEN
CITY OF CENTRAL POINT, OREGON
AND
TEAMSTERS LOCAL UNION N0. 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 employed in a position in the bargaining unit
established by the Oregon Employment Relations Board and referenced in appendix A of this
Agreement.
1.2 Exclusions. Managerial, Supervisory, Confdential, FLSA exempt, and Temporary and Part -Time
Without Benefits employees shall specifically be 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 less than 180 calendar days 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. 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.
1.3 New Classification. 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 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 15 calendar days. The new
classification/position shall, by reference, be incorporated into this Agreement.
CAP081414 Page 110
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 the 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, orfacilities for budgetary or other reasons.
c. To determine the need for and method of a reduction or an increase in the workforce and the
implementation of any decision with regard thereto.
d. To establish, revise and implement standards for hiring, classification, promotion, quality of
work, evaluation, 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 orfuture, 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.
1. To introduce new and revise existing duties within the unit.
CAP081414 Page 111
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.
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 first pay check of said employee each month. The amounts deducted
shall be transmitted within 10 days to the Union.
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 10 days after the deduction is made.
4.3 Religious Objection. Any 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
each employee, each month, the payments to such charitable organization and remit the same to the
charitable organization within 10 days after the deduction is made. 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.
CAP081414 Page 112
4.5 New Hires. The City agrees to provide the Union written notification of new bargaining unit
members within one 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's 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
City Hall and Public Works Shops Building not to exceed 2'X 3' each, 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 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, a 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. 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 thereby, nor be entitled to overtime to compensate for time spent in such
meeting. In addition, the City agrees to allow a Union steward time off without payfor the purpose of
handling, investigating and processing grievances. A maximum of two hours per month will be allowed.
The City's approval will be obtained before taking time off, but that approval will not be unreasonably
withheld.
5.2 Union Representatives. 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 Cityand updated as necessary.
CAP081414 Page 113
5.3 Collective Bargaining. Collective bargaining between the City an 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 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 overtime or 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 and position titles in this Agreement designate both sexes,
and, while every attempt has been made to include generic pronouns or both genders, whenever the
male or female gender is used, it shall be construed to include both male and female employees.
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, orother protected class, or 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 fles 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,
CAP081414 Page 114
performance appraisals, orother 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 documents), 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
requests must be made in writing to the City Manageror his/her designee, 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 City Manager shall investigate and respond to such requests.
Written reprimands shall not be removed from the employee's 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 of 12 months of employment. 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 shall serve a
promotional probationary period of six continuous months. The Union recognizes the right of the City to
demote an employee on promotional probationary status to his/her previous position. The employee
will be allowed to voluntarily return to their previous position during the first three months of the
promotional probationary period. 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
CAPO81414 Page 115
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.
ARTICLE IX — SENIORITY
9.1 Definition. Only regular, non -probationary employees shall have seniority. Seniority shall be
counted from the day of hire, but granted only after completion of the probationary period of 12 months
and shall thereafter be established as follows: the employee's length of continuous service in the 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:
a. Quits
b. Is discharged
c. Is laid off and fails to respond to written notice as provided in Article 10, Section 8
d. Is laid off for a period of time greater than 18 months or a period of time equal to his/her
bargaining unit seniority, whichever is shorter
e. Fails to report to work at the termination of a leave of absence
f. While on leave of absence accepts employment without permission
g. Retires
h. Accepts a position outside the bargaining unit, other than during a promotional
probationary period as outlined in Section 8.2.
9.2 Seniority List. The City will provide to the Union an updated bargaining unit seniority list
each July.
9.3 Application of Seniority. Seniority shall apply in layoff and recall and vacation and other
requests for time off.
9.3.1 Layoff and Recall. If employees in the same position are being considered for
layoff or recall, seniority within the job classification and bargaining unit shall govern in
accordance with Article 10.4 and 10.8.
9.3.2 Vacation and Time Off Bidding. Employees with the most bargaining unit seniority
shall have first choice in vacation requests. In the event two employees have the same
bargaining unit seniority, a coin flip or other mutually agreed upon method of selecting
order shall be used. Seniority shall only be used to determine the order for requesting
vacation and shall not supersede department rules regarding requesting vacation or time
off. See Article 15.2 Vacation Selection.
Employees returning to the bargaining unit following recall from layoff shall have vacation
CAP081414 Page 116
selection determined on the basis of total bargaining unit seniority.
All vacation and time off requests must be approved in advance.
ARTICLE X — LAYOFF AND RECALL
10.1 Layoff. A layoff shall be defined as a reduction in force when a position(s) is eliminated or
staffing is reduced and the affected employee(s) cannot be reassigned to a vacant position in the same
pay level and same full time equivalency (FTE).
10.2 Notice. Employees who are identified for layoff shall receive 30 calendar days advance written
notice or pay in lieu thereof.
10.3 Eligibility for Layoff Status. Only regular employees who have completed their probationary
period and have received a layoff notice shall be eligible for layoff status. Probationary employees
shall not be eligible for layoff and recall. Layoff and recall status shall be limited to a maximum of 18
months for recall to one's previous position and 12 months for recall to a vacancy in a position other
than the employee's previous position. In no case shall layoff and recall status be longer than the
employee's bargaining unit seniority time.
10.4 Layoff Procedure. Seniority shall govern in the matters of layoff as follows.
a. Written notice as set forth in 10.2 will be given to the least senior employee(s) in the positions)
identified for layoff. The notified employee(s) will also be provided with information about
which positions are potentially eligiblefor bumping based on seniorityand classification level.
L. The notified employee(s) will have 10 calendar days to notify the City, in writing, of their
decision to not invoke bumping rights, or to invoke bumping rights and identify which position
s/he chooses to bump. If the City determines that the employee is not qualified to bump into
the position, the employee may choose a different eligible position, if available, or elect to not
bump.
c. If the notified employee elects to not invoke his/her bumping rights, or is unable to bump due
to lack of qualifications or lack of eligible positions, the employee shall be entitled to receive
one additional month of pay, will be eligible for reimbursement of one month of COBRA health
insurance premiums paid by the City, and shall be placed on layoff status.
10.5 Bumping Procedure. An employee who invokes bumping rights shall be required to bump the
least senior employee of a pay grade equal to or lower than the bumping employee for which the
bumping employee is qualified. Bumping rights shall be limited to bumping only the least senior
employee in a given pay grade and shall not include the ability to select from other positions for any
reason, including pay, preference, or qualifications. An employee who has bumped into another
CAP081414 Page 117
position shall retain recall rights to their former position in accordance with 10.8.
10.6 Qualifications Knowledge Skills and Abilities. Qualifications, knowledge, skills and abilities
shall include, but are not limited to, an employee's ability to perform the duties of the job, as
described in the current position description, to the City's standards and satisfaction, without further
training or trial period beyond 30 calendar days.
a. Training ora trial period does not include minimal orientation on a job. Experience in a job, job
duties obtained through temporary assignment, or performance of a job through previous
employment shall not, of itself, indicate that the employee has the qualifications, skills and
abilityto perform the work.
b. The City shall be the sole judge of an employee's qualifications to perform the required work
except that any determination shall not be arbitrary or discriminatory.
10.7. Change in Pay. An employee who bumps into a position in the same pay grade will remain at
the same step and pay level. Employees bumping into lower pay level positions will be placed on the
pay scale of the lower grade and their pay will be adjusted to the amount of the step in the new grade
closest to, but not more than, their previous pay and the change shall be effective the first day of the
first full pay period following the job change. An employee who had not attained step F in their
former position shall not be eligible for step F in the new position until such time as the employee
would have been eligible in the prior position.
10.8 Recall from Layoff. Employee(s) on layoff status pursuant to this Agreement shall have recall
rights to a vacancy in their former position for up to 18 months. Notice of recall shall be made by
certified mail sent to the last mailing address provided to the City by the employee. The following
restrictions and conditions shall apply to recall:
If the laid off employee's former position becomes vacant while the employee is on layoff status, a
recall notice will be sent to the laid off employee. In the event more than one employee has been laid
off from the same position, recall shall be in order of seniority, with the employee with the most
bargaining unit seniority receiving the first recall notice. For the purpose of this section, an employee
who has bumped into another position shall be considered to have recall rights to their former
position.
a. An employee may be required to demonstrate that they still possess the qualifications,
knowledge, skill and ability required for the position prior to reinstatement to their former
position if more than 6 months has passed since they were laid off.
b. If an employee rejects recall to their former position or fails to report to work within 14
calendar days of such notice, the employee will forfeit all seniority, layoff status, and further
recall rights.
CAP081414 Page 118
For 12 months from the date of layoff, employees who are on layoff status and not working for the City
in another capacity shall be notified of any bargaining unit vacancy that arises in a position in a grade
equal to or lower than their previous position. The laid off employee will be given priority
consideration for the position with the following conditions and restrictions:
a. A notified employee on layoff status wishing to be considered for such vacancy must notify the
City, in writing, within 10 calendar days of being notified of such vacancy.
b. The employee must be able to demonstrate that they possess the necessary qualifications,
knowledge, skills and abilities to satisfactorily perform the work, as determined by the City.
c. Preference for consideration will be given in order of bargaining unit seniority at the time of
layoff.
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11.1 Work Week. The basic work week shall be from 12:01 A.M. Sunday through midnight Saturday
and shall consist of 40 hours during the seven day period. The regular work week shall consist of eight
consecutive hours for five consecutive days or 10 consecutive hours for four consecutive days or any
configuration that falls within the defined basic work week that is approved by the department
director.
Time spent outside of scheduled work hours checking and/or responding to emails, text messages or
phone messages shall not be considered compensable work time unless the employee is specifically
directed by a supervisor to perform such duties outside of scheduled work hours or where otherwise
addressed in the Agreement.
11.2 Overtime. Required overtime shall be paid at 1'/: times the regular hourly rate for all hours
worked in excess of 40 hours during the basic work week or in excess of a regular scheduled shift (i.e.,
more than 8 or 10 hours. An employee scheduled in advance to work overtime which is not annexed
to his/her regular work shift shall receive a minimum of thirty minutes compensation at the overtime
rate. Overtime must be approved in advance.
11.3 Flex Time. With advance notice and approval from the supervisor, a full-time employee may
request to flex their regular work schedule on an occasional basis. Time off for personal business may
be granted, provided the employee works an equal number of hours during the same workweek to
make up for the time off.
a. Flex time shall normally not exceed 5 hours per week.
b. All flex time hours shall be made up within the same workweek as the time off taken.
CAPO81414 Page 119
c. Hours worked by an employee because they have exercised flex time as set forth in this Section
shall not be counted as hours worked for the purpose of computing overtime work and no
overtime or comp time shall accrue for "make up" hours worked in excess of a regular
scheduled shift as set forth in 11.2.
d. The time off and make up time must be taken and worked by the employee as scheduled and
approved by the supervisor. If an employee has alreadyworked the extra time in anticipation of
taking approved time off that is later denied by the supervisor, the employee shall be
compensated for any overtime hours actually worked in excess of 40 hours in the workweek in
accordance with Section 11.2.
e. Failure of an employee to make up time as agreed shall result in a loss of pay for the hours not
worked, except that the employee may be allowed to substitute accrued paid vacation or comp
time in lieu of a loss of pay.
f. Abuse of flextime may result in denial of future requests.
g. Flex time requests shall be initiated only by the employee and nothing in this Section shall be
used to circumvent the City's obligation to pay overtime in accordance with Section 11.2.
11.4 Compensatory Time. An employee may elect to receive compensatory time (comp -time) in
lieu of overtime pay as the form of compensation for any approved overtime worked. Comp -time shall
accrue at a rate of 1'/: the overtime hours actually worked with accrual balances reflecting the number
of hours available to the employee. Accrued comp -time shall be paid at the regular rate of pay.
Compensatory time may be accumulated to a maximum of 80 hours. Any overtime hours worked
beyond the 80 hour limit shall be paid at the employee's overtime rate. At the end of the fiscal year,
comp -time balances may be paid off, at the City's option, at the employee's straight -time hourly rate. If
an employee changes to a higher job classification, the City may, at its option, pay off any comp -time
balance at the employee's pay rate prior to changing positions. Comp -time shall be taken off at times
mutually agreed upon, subject to the operating needs of the department.
11.5 Rest Periods. A paid rest period of 15 minutes shall be permitted for all employees during each
half shift (one break for each four hour segment), in accordance with established City standards, the
operating requirements of each employee's duties, and needs of the City. No employee shall be denied
the opportunity to take one rest break during each half shift.
11.6 Meal Periods. Employees shall be granted an unpaid meal period of at least 30 minutes, but
not more than one hour, during each work shift of more than six consecutive hours. Meal periods shall
be regularly and consistently scheduled from day to day and scheduled in the middle of the employee's
work shift, or as near thereto as possible. The specific time and duration of the meal period shall be at
the discretion of the supervisor, consistent with the operational needs of the City, but with
consideration given to employee preference. Employee -requested changes to the duration of meal
periods shall not cause the city to incur overtime costs (i.e., if an employee normally has a 60 minute
CAP081414 Page 120
lunch but requests to take a 30 minute lunch, they would adjust their workday by 30 minutes rather
than incurring 30 minutes of overtime).
11.7 Call Back. If an employee is unexpectedly called back to work more than one hour after the
end or more than one hour before the beginning of a day's work shift, the employee shall receive a
minimum of 2 hours of pay at the overtime rate. This section does not apply to scheduled overtime,
time annexed to the beginning or end of the work shift, or an employee being compensated for on-call
status (an on-call employee responding to a call out shall be compensated under 11.8. but shall not be
entitled to the 2 hour minimum call back provision).
If an employee is called during non -work hours to provide assistance or information that can be
handled without physically responding (i.e., can be handled over the phone or via remote computer
access), the employee shall be compensated at the overtime rate for the actual time spent responding,
but shall receive a minimum of 30 minutes of pay at the overtime rate, provided the call is for
legitimate business purposes.
11.8 On -Call Status. Public Works employees who meet the established criteria posted by the Public
Works Director shall be placed on an on-call rotation schedule. Each employee on the on-call rotation
schedule shall be designated as on on-call status for a period of one week beginning at 8:00 a.m. on
Tuesday. Each eligible employee shall serve one week on-call until each eligible employee has served
one week and then the rotation will begin over again. The on-call employee shall only be eligible for
on-call compensation for times other than during the regular work day.
11.8.1 Pay for on-call. Such on-call time shall be compensated as follows:
$300 for one full week that does not include any holidays. Daily rates of compensation
shall be $75 for each Saturday and Sunday and $30 for each day Monday through Friday.
b. An additional $120 of pay for any scheduled holiday listed in Section 16.1 and observed
during the regular work week except (k), day before Christmas day, December 24, and (1)
floating holidays.
11.8.2 Comp -time in lieu of pay. If the employee scheduled to be on-call elects to receive comp -
time in lieu of on-call pay, comp time balances shall be adjusted as follows:
a. 18 hours of comp -time shall be added to the employee's comp -time balance for each full
week that does not include any holidays. Daily rates of comp -time compensation shall be
4.5 hours for each Saturday and Sunday and 1.8 hours for each day Monday through Friday.
b. An additional 6 hours of comp -time shall be added to the employee's comp -time balance
for a week of on-call rotation that includes a scheduled holiday listed in Section 16.1 and
observed during the regular work week, except (k), day before Christmas, December 24,
and (1) floating holidays.
CAP081414 Page 121
An employee electing to receive comp -time for on call compensation must elect to do so for the entire
week of on-call rotation. The employee will not be allowed to take part of the compensation in pay and
part as comp -time.
11.8.3 Substitutions. In the event an employee scheduled for on-call is unable to complete a
full week of on-call rotation due to a) illness, b) injury, or c) an unforeseen scheduling conflict,
anothereligible employee may be substituted forthe scheduled employee. The scheduled
employee and his/her substitute shall be compensated atthe daily rates(s) specified above for
the actual dates of on-call service. Substitutions must be approved by the supervisor or
manager in orderto be compensated in accordance with this section. Denial of a requestfor
substitutions due to scheduling conflicts under this section shall be atthe discretion of the
supervisor or manager. Denial of a request for substitution for scheduling conflicts shall not be
subject to the grievance procedure. All substitutes must be approved foron-call rotation atthe
time of the substitution.
Employees who are required to respond to a call out during their on-call rotation shall be compensated
in accordance with Article 11.1, 11.2, and 11.3, Hours of Work and Overtime in addition to the on-call
pay in 11.8 .1 and 11.8.2, except that 15 minutes of response time shall be added to the total time
worked as defined below. Actual time worked shall be counted from the time of arrival at the
corporation yard and end when the job is completed, including filing necessary paperwork and locking
up the facilities. Employees responding to calls shall work in the most expedient manner possible to
minimize the total call out time while maintaining an acceptable level of service. The on-call employee
will be required to take a city -owned electronic device (such as a laptop or iPad) equipped to respond
to SCADA alarms. In the event of a SCADA alarm, the on-call employee will first respond to the alarm
using the electronic device (as opposed to responding to the city facilities). If the alarm does not
require a response to city facilities, the employee will be compensated for the time spent responding to
the alarm electronically, except the minimum compensation time shall be 30 minutes. Personal use of
the city -owned electronic device(s) shall be strictly prohibited.
All Public Works employees who are eligible for on-call rotation status shall receive, sign, and agree to
abide by on-call restrictions and expectations. Employees failing to adhere to restrictions and
expectations shall be subject to disciplinary action and may be removed from or suspended from the
on-call rotation for a period of time to be determined by the circumstances of the violation. An
employee on restricted/light duty shall not be eligible for on-call rotation until such time as the
employee has submitted a full release with no restrictions.
CAPO81414 Page 122
ARTICLE XI I —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(s) effective July 1, 2014.
12.2 Pay Periods. Employees shall be paid on the regularly established pay dates each month. Pay
day shall be the last working day prior to the established pay date when those days fall on a weekend or
holiday. Any change to currently established pay dates shall require one year's written notice to the
union and subsequent notification to bargaining unit members.
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. Advancement to the next Step shall be made upon successful
completion of the 12 month probationary period. Thereafter, eligibility for advancement to steps B
through F shall require one full year of service in the lower step of the range. All step increases shall be
made on the basis of a recommendation and written authorization of the Department Head.
12.4 Changes in Position and/or Grade. When an employee's job classification changes, 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 amount. If this results in a move that is less than 3% more than the
employee's previous step amount, the employee shall be moved one additional step. The
employee's movement on the pay schedule steps shall be adjusted to reflect the date of any such
change (for example, if an employee had been at Step C of Grade 4 then changed to Step B of Grade
5, they would move to Step C of Grade 5 twelve months later.
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 current pay amount until such time as
the pay scale "catches up to" the "frozen" pay rate. The City may conduct a salary study for any
position which has had its pay frozen for two years, after which the employee's pay rate shall be
adjusted to the rate reflected in the salary study.
b. Change due to employee -driven or -related reason: When an employee's job classification
changes to a lower grade due to an employee -driven or employee -related reason such as a
disciplinary demotion or restructuring of a job in conjunction with performance management
efforts, a job transfer based on performance or discipline or at the request of the employee, or
demotion from a promotion during the promotional probationary period, the employee shall be
placed in the new grade at the step closest to, but not more than, the employee's previous step's
CAP081414 Page 123
amount and the pay shall be adjusted to the lower rate on the first day of the first full pay period
following the demotion.
An employee who has not been granted Step F shall not be eligible for Step F as a result of a change in
job classification until such time as the employee has served at least one full year at Step E of the new
range, except by special approval.
12.5 Acting in Capacity or Interim Status Pay. When, at the express directive of the Department Head
or his/her authorized designee, an employee serves in the capacity of an employee in a higher
classification on a short-term basis, the employee shall be deemed as "Acting in Capacity" and paid as
follows
12.5.1 Acting in Capacity. When a bargaining unit employee fully takes on the duties of another
higher level bargaining unit employee, in place of their own job duties, for a period of one full day
or more, that employee shall be compensated for any full day(s) fully served in the interim position
at the pay grade of the interim position, placed at the lowest step in that grade that is not less than
5% more than the employee's current grade and step.
12.5.2 Interim Non -Bargaining Unit Position. When a bargaining unit employee takes on significant
additional duties in the absence of the Department Head or other management position for a period
of more than one full day, that employee shall be compensated with a 10% percent pay increase for
the day(s) they performed the additional duties.
12.5.3 Exceptions and Limitations. This Section shall not apply to employees who merely absorb
incidental duties of another employee. The City reserves the right to make interim and acting in
capacity assignments in accordance with Article 2, Management Rights. Interim and acting in
capacity assignment decisions shall not be subject to the grievance procedure.
12.6 Certification and Licensing Fees. The City will pay for job-related employee certification and
licensing fees that are required for the position after the date of hire, except when attainment of such
certifications or licenses was specified as a condition of employment in the job description at hire. The
City will pay for recertification and license renewal fees for required, job-related certifications and
licenses. The City may, at its option, pay certification and/or licensing fees, and recertification and/or
license renewal fees that are job-related but are not required for the position, with prior written
approval of the Department Head.
The City will pay travel expenses associated with approved certification and licensing, or recertification
or license renewal, including required continuing education units (CEU), testing, etc. However, all such
expenses must be approved, in advance, and may be limited to the most cost effective and prudent
option. For example, if CEUs are available via on-line delivery, a request to travel to out of town training
may be denied, or if training is offered locally at a later date, out of town training on a more convenient
date may be denied.
CAP081414 Page 124
Fees and travel expenses shall normally be paid by the City only once. If the City pays fees or travel
expenses for an employee pursuant to this section and the employee fails to attend the training for
reasons other than reasons beyond the employee's control, or fails to successfully complete the course
or pass an exam, the City may deny a request to pay such fees or expenses for the employee to re -take a
course or exam.
For employees who work in a position for which a commercial driver's license (CDL) is required or
preferred, the City shall reimburse the difference between the cost of obtaining/maintaining a class A or
B CDL and a class C driver's license. The city shall pay the cost of required medical and/or drug tests
required to obtain/maintain the CDL, except such costs shall be limited to not more than one medical
exam and one drug test per year. This limit applies to medical certification/testing for CDL application or
renewal. The cost of drug testing as part of the City's DOT random drug testing program will be paid by
the City and is not limited by this section.
12.7 Certification Pay. Bargaining unit employees shall be eligible for additional compensation, as set
forth in this Section, for possession of certain job-related certifications or licenses beyond that which
have been established as required for the position and/or have been taken into consideration in
determining the pay level of the position. Eligibility for certification pay shall be dependent upon
maintaining the certification. In the event a certification expires the employee shall forfeit the
certification pay until proof of re -certification is provided.
It is the employee's responsibility to provide appropriate documentation of certification and
recertification to Human Resources. Such documentation shall indicate the name of the certification,
the granting authority, the date awarded and the expiration date. Certification pay shall commence on
the first day of the first full pay period following receipt of documentation by Human Resources,
regardless of the date the certification was awarded. In the event a certification expires the employee
shall forfeit the certification pay until such certification or renewal is provided. If proof of re-
certification is provided following a lapse in time, the incentive shall resume on the first day of the next
full pay period after receipt of re -certification proof is received in Human Resources.
12.7.1 Qualifying Certifications. In orderfora certification to qualify underthis section, it must:
a. Be awarded by a third -party, standard-setting organization (as opposed to an educational or
training program),
b. Result from an assessment process,
c. Signify competency/mastery of a set of standards, usually by application or exam (standards
are set through a defensible, industry -wide process such as job analysis/role delineation
that results in an outline of required knowledge and skills),
CAP081414 Page 125
d. Have on-going requirements in order to maintain certification (holder must demonstrate
s/he continues to meet requirements and documentation must specify the certification
period and expiration date), and
e. Provide a meaningful cost savings benefit to the City resulting from the ability to provide
additional or improved services
in-house that would otherwise have to be contracted
out.
Commercial Bldg Inspector
$200
Flood Plain Manager
$100
Plumbing Inspector
$100
ISA Arborist
$100
Electrical Inspector
$100
Municipal Arborist
$150
Water Distribution Level 1
$45
Public Pesticide Applicator License
$75
Water Distribution Level
$ 75
ODOT General Inspector
$ 75
Water Distribution Level
$125
Cross Connection Specialist
$ 45
Water Distribution Level
$175
Playground Safety Inspector
$ 75
12.8 Certificate Compensation. Upon completion of certain job-related certificates that do not meet
the criteria of certifications under 12.7, but are determined to be of value to the city, a one-time
payment shall be made to the employee in the form of additional compensation. This section shall be
effective upon ratification of this agreement. Notwithstanding, employees who are currently receiving
the additional monthly certificate pay shall continue to receive said pay at the same amount monthly
and not be eligible for the one-time payment for an existing certificate or additional level of the existing
certificate.
ODOT Road Scholar (per level) one-time payment of $250 upon receipt of certificate
Microsoft Office User Specialist one-time payment of $100 upon receipt of certificate
12.9 Other Certifications and Certificates. Only the certifications and Certificates listed in this Section
shall qualify for additional pay. If an employee believes that a certification or certificate not included in
this Section should qualify for additional pay, the employee shall submit a properly completed "Request
for Consideration of Certification Pay' form to Human Resources. The decision to allow or disallow the
certification or certificate and the amount of incentive pay, if any, assigned shall be final unless the
Union files a written notice of its desire to negotiate the decision and/or rate within 10 calendar days
from the date the employee receives notification of the decision. If a request for negotiations is filed by
the Union, the parties shall begin negotiations within 15 calendar days. The results shall, by reference,
be incorporated into this Agreement.
12.10 Certification and Certificate Pay Limitations. Certification or certificate pay shall not pyramid for
possession of different levels or titles of the same or similar types of certifications (for example, if an
employee has Water Distribution certifications in levels 1 and 2, they will only receive the certification
pay for level 2; if an employee has both ISA and municipal arborist certification, they will only receive
certification pay forthe municipal arborist).
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12.11 Bilingual/Sign Language Pay. Employees who are determined to be fluent in 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. The employee shall bear the cost of any such certification.
12.12 Educational Incentive. Bargaining unit employees shall receive additional compensation added
to the base pay as set forth below for possession of college degree/certificate(s) in excess of the level
which has been established as the minimum requirement for their position. The degree/certificate must
be earned from a regionally accredited educational institution and an unopened official transcript
verifying the degree/certificate must be provided, at the employee's expense, to HR. Degree pay shall
commence on the first day of the first full pay period following receipt of the official transcript in Human
Resources, regardless of when the degree is conferred. Only one degree/certificate at any one level
shall be compensated, regardless of the number of degrees/certificates an employ may actually have
(i.e., possession of both a bachelor of arts in geography and a bachelor of science in math shall be
considered having a degree at the bachelor's degree level), and degrees/certificates shall not pyramid
(i.e., an employee with both an Associate's degree and a Bachelor's degree, shall only be compensated
for the Bachelor's degree).
1 -year certificate $ 50.00 per month Bachelor's degree $200.00 per month
Associate's degree $100.00 per month Master's degree $300.00 per month
If the city has reimbursed an employee under city policy or a collective bargaining agreement for tuition
expenses for coursework used to obtain a college degree/certificate, commencement of any education
incentive pay under this Section shall be delayed until such time as the aggregate monthly incentive
amount forfeited equals at least 75% of the amount of tuition reimbursement the employee received in
the previous 12 months.
12.13 Maximum Additional Pay. The maximum additional compensation any individual employee shall
be eligible to receive in the form of any combination of incentive, including education, bilingual
incentive and certification pay shall be $400 per month.
12.14 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 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.
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12.15 Deferred Compensation. Employees shall be allowed to participate, through payroll deductions,
in the deferred compensation program offered through the City.
ARTICLE XIII —CLOTHING
13.1 Clow. All employees are required to dress appropriately for the work assignment. The City
may set dress standards and expectations, provided such standards and expectations are work-related
and not discriminatory. Each employee is responsible for providing and maintaining their own clothing,
except as set forth in the Agreement.
13.2 Safety Clothing. Employees who work in positions that subject them to hazardous outdoor
working conditions (parks and public works maintenance crews) shall be provided shirts and jackets that
meet traffic safety specifications. Employees will be responsible for cleaning items that can be
laundered using a household washer and dryer.
13.3 Clothing Allowance. Employees who work in positions that subject them to excessive dirt or
conditions likely to cause excess damage to pants (parks and public works maintenance crews) shall
receive an annual clothing allowance to offset the cost of replacing and maintaining these items. The
clothing allowance shall be $150 per year paid, as compensation, in equal installments of $75 on the first
paycheck in July and January. New employees will receive a prorated amount on their first paycheck.
13.4 Boots. If an employee is required to wear a steel toed safety boot or particular type of shoe or
boot as a condition of employment, an appropriate boot or shoe will be provided, maintained, and
stored by the City and shall be worn solely for City work purposes. The City shall provide, at no cost to
the employee, replacement boots or shoes as necessary, provided the replacement is required because
of reasonable wear and tear and not due to negligence or mistreatment, the employee certifies that the
boots or shoes were worn solely for City work purposes, and the employee surrenders the worn out
boot or shoe to the City. The City shall be the sole determiner of what is the appropriate boot or shoe
for the assignment and shall have the right to determine the make, model, price limit and vendor of all
boot or shoe purchases. Additionally, boots purchased in accordance with this Article shall be
considered required safety wear and employees are required to wearthe boots.
The City shall make equipment and supplies to clean and maintain boots available to employees covered
under this section equipment and supplies to maintain boots. All boots, equipment and supplies shall
be kept on the City's premises during non -work hours.
13.5 Boot Eligibility. Only employees in job classifications that have been determined to require
specific footwear for safety or exposure to adverse walking conditions, as determined by the City, shall
be eligible for the boots in 13.4.
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ARTICLE XIV- EXPENSE REIMBURSEMENT
14.1 Educational Reimbursement. All bargaining unit employees shall be eligible for education
reimbursement under the provisions of the City's personnel policies and procedures.
14.2 Travel Expenses. When an employee is required, or otherwise authorized, to travel outside of
Jackson County on City business, reimbursement for, or payment of, 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.
L. Travel on official business outside Jackson County shall normally be via public carrier, rental
vehicle, or City -owned vehicle. If an employee requests and is authorized to use a private
vehicle for convenience or personal preference when City -provided or approved transportation
was available, mileage reimbursement shall be paid at 75% of the current IRS rate. When an
employee uses their personal vehicle at the request of the city, mileage reimbursement shall be
paid at the current IRS rate. This rate is all inclusive and covers all travel expenses including
vehicle, fuel, maintenance, oil and other fluids, tires, storage, insurance and any other vehicle -
related expenses. Necessary parking expenses directly related to the business purpose of the
trip, as opposed to personal preference or expediency, shall be reimbursed separately, with
proper documentation and authorization.
14.3 Meals. Reimbursement for or payment of meals eaten while on official trips shall be limited to
the amount of actual and reasonable expense incurred during the performance of official duty as a City
employee for the City's benefit. 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 per 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 total amounts 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 shall be
personally responsible for any additional meal expenses. Snacks or "coffee breaks' are not considered
meals and not covered underthis section.
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14.4 Lodging. Employees traveling in accordance with this Section shall be approved for reasonable
actual costs for lodging.
14.5 Use of Purchasing Card. Employees shall use their city -issued purchasing card to pay for
approved travel expenses including registration, lodging, air fare, fuel for rental or city -owned vehicles,
and authorized meals. Itemized receipts accounting for all purchasing card transactions shall be
submitted in a timely manner. The purchasing card is not to be used forfuel for personal vehicles.
ARTICLE XV -VACATION
15.1 Accrual. Paid vacation leave shall accrueon the following basis forfull-time employees:
Service Time Monthly Accrual Annual Accrual Maximum Accrual
0-5 Years 6% Hours 80 Hours 160 Hours
5-10 Years 10 Hours 120 Hours 240 Hours
10-15Years 13% Hours 160 Hours 320 Hours
15+ Years 16 % Hours 200 Hours 400 Hours
1. Vacation leave shall accrue on a monthly basis based upon the employee's date of hire.
2. New, probationary employees shall not be eligible to use vacation leave until they have
completed six full months of employment. If the employee resigns or is terminated during this
six month period, no vacation payout will be owed.
3. Vacation leave is available for use on the first day following the end of the pay period for
which it was accrued and may not betaken in advance or in anticipation of accrual.
4. Vacation leave shall accrue during any paid leave of absence except when the paid leave being
used is from the donated sick leave bank.
5. 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 3%
hours per month far 0 to 5 years, 5 hours per month for 5 to 10 years, etc.
6. An employee shall receive a one-time award of 40 hours of vacation added to his/her vacation
accrual balance on the anniversary date of twenty years of service.
15.2 Selection. Employees shall have the right to determine vacation times, subject to scheduling
required 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, if s/he
chooses, to use at some time during the calendar year the full amount of the vacation credit which
s/he could accumulate in 12 months of continuous service. Absent specific operational needs, as long
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as at least four crew employees in the Public Works Operational division are scheduled to work,
vacation requests for other Public Works employees shall be approved. Vacation time shall be
selected on the basis of seniority provided, however, that each employee will be permitted to exercise
his/her right of seniority only once annually and for a single continuous period of time. Conflicting
requests for the same vacation time shall be resolved on the basis of prior scheduling. See Section
9.3.2 for application of seniority for vacation and time off bidding.
15.3 Accrual Limitations. Vacation leave shall accrue in accordance with the table in 15.1. If an
employee is about to lose vacation credit because of accrual limitations, and such impending loss is
caused solely by the City's insistence that the employee be at work during a scheduled vacation
period, the employee may, by notifying his/her supervisor in writing at least 5 calendar days in
advance, absent him/herself from work to prevent loss of vacation time. Such action taken by the
employee shall not constitute a basis for disciplinary action or loss of pay. In lieu of the employee
absenting him/herself from work as provided above, the City may, at its option, pay off the excess
vacation time at the employee's regular rate of pay. Such payment shall be made on the next pay date
following the pay period in which the employee would have had to absent him/herself from work. No
payment shall be made for vacation time lost by an employee because of accrual limitations unless the
failure to take vacation is caused solely by the City's insistence that the employee be at work during a
scheduled vacation period.
15.4 Termination. Upon termination of employment, an employee shall be paid for unused
vacation up to a maximum of 320 hours, except as provided for in 15.1(2).
15.5 Sell Back. Once each fiscal year, an employee may request to sell back to the City up to 40
hours of accrued vacation time in excess of 80 hours provided that the employee has taken or is
scheduled to take at least 40 hours of vacation during the fiscal year. This option shall be available
only once each fiscal year. Employees choosing to exercise this option must advise the City, in writing,
through their department manager. The City shall distribute the funds within 30 days of the request.
ARTICLE XVI - HOLIDAYS
16.1 Holme. Full-time employees shall be entitled to eight (8) 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
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(i) Day after Thanksgiving Day
(j) Christmas Day, December 25
(k) Day before Christmas, December 24
(1) Two floating holidays
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.
16.1.1 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.
Holidays which occur during vacation or sick leave shall not be charged against such leave.
16.2 Observed. If any holiday falls on a Sunday, the following Monday shall be given as the holiday
unless that Monday is already a paid holiday, then the proceeding Friday shall be given as the holiday.
If any holiday falls on a Saturday, the preceding Friday shall be given as the holiday unless that Friday
is already a paid holiday, then the following Monday shall be given as the holiday.
16.3 Floating Holiday. Floating holidays shall accrue on January 1 and July 1 (eight hours each)
of each year for all employees, 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. The holiday must be
taken in a full 8 hour block and must be used in the calendar year accrued. Floating holidays shall
not be paid upon termination of employment but may be allowed to be taken between the
employee's notice of resignation and last day of work at the option of the City. Floating Holiday
days off are to be scheduled in advance and approved by department heads, with consideration
given to employee requests. Failure to make a timely request for the time off, resulting in denial
due to staffing needs and subsequent forfeiture of the floating holiday shall not be subject to the
grievance procedure.
ARTICLE XVII - SICK LEAVE
17.1 Accrual. Sick leave shall be accrued by each full-time employee at the rate of eight hours for
each full calendar month of service completed. Part-time employees covered by this bargaining
agreement shall accrue sick leave each month in an amount proportionate (based on hours worked each
month) to that which would be accrued under full-time employment. An employee may accrue an
unlimited amount of sick leave.
17.2 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 necessary personal
medical or dental care, exposure to contagious disease under circumstances by which the health of
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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 in a minimum of quarter hour increments. Sick
leave is available for use on the first day following the end of the pay period for which it was accrued
and may not be taken in advance or in anticipation of accrual. Abuse of sick leave privilege shall be
cause for discipline and/or dismissal.
17.3 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/her 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 underthe federal and/or state Family Medical Leave Acts.
17.4 Sick Leave Compensation. Unused sick leave shall not be compensated for in any way at the
time of termination of employment.
17.5 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 by state or
federal law. However, the returning employee shall have previously accrued sick leave, if any, restored
upon return to employment from such approved period of leave.
17.6 Immediate family. Except as otherwise permitted under the city's Family Medical Leave and/or
Sick Leave Bank policy, "immediate family member" for the purpose of this Article only shall mean
spouse, domestic partner, dependent child, other relative living in the employee's household, or other
individual for which the employee has a legitimate and ongoing caretaker relationship.
17.7 Integration of Paid Sick Leave With Workers Compensation. When an injury occurs in the course
of employment, the City's obligation to pay under this Sick Leave Article 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 or
disability, prorated charges will be made against accrued sick leave unless the employee specifically
requests otherwise. Public Employees Retirement System (PERS) benefit will be prorated according to
the amount of compensation paid directly by the City.
17.8 Retirement. Employees may utilize unused sick leave accrual upon retirement in accordance
with benefits provided for in PERS and applicable legislation.
CAP081414 Page 133
ARTICLE XVIII -LEAVE OF ABSENCE WITH PAY
18.1 Bereavement Leave. In the event of a death in the employee's immediate family, an employee
may be granted bereavement leave with pay not to exceed three calendar days in accordance with City
policy. Additional bereavement leave shall be available pursuant to the Oregon Family Leave Act.
"Immediate family" for the purpose of the three days of paid leave only shall include spouse or domestic
partner; child, or person for whom the employee stood in loco parentis; parent, or person who stood in
loco parentis; sibling; grandparent; or grandchild. These definitions shall be construed to include
biological, adoptive, foster, step and in-law relationships. The three days of paid leave shall run
concurrent with any bereavement leave used under the Oregon Family Leave Act.
18.2 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.
18.3 Civic Responsibility. The City appreciates that City employees are occasionally required to
perform civic duties that may interfere with their scheduled workday. This Section addresses how the
performance of civic responsibilities shall affect the employee's work schedule, pay and use of leaves.
18.3.1 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 XI — Hours of Work and Overtime.
18.3.2 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 purposes such as
providing character testimony for a friend orfamily 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.
18.3.3 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
CAP081414 Page 134
scheduled to be at work on the day the civic obligation takes place.
18.3.4 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
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 rules 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 45 minutes left in their scheduled workday.
It shall be the employee's responsibility to notify his/her supervisor of pending civic responsibilities
as soon as the employee has knowledge of such duty.
18.4 Military Leave. Military leave of absence shall be granted in accordance with City policy and
state and federal law.
18.5 Conferences/ Meetings. Time spent in attendance at or travel to and from conferences,
conventions or other work-related meetings that have been approved in advance by the Department
Head shall be considered work time in accordance with state law and City policy. 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.
18.6 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 XIX- LEAVE OFABSENCE WITHOUT PAY
19.1 Family Medical Leave. All bargaining unit employees shall be covered by current City policy, as
well as state and federal law, regarding Family and Medical Leave.
19.2 Military Leave. Military leaves of absence shall be granted in accordance with City policy and
state and federal law.
19.3 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 month.
Requests for leave of absence without pay shall be in writing, shall be directed to the Department Head,
and shall contain justification for approval. Approval of such leave requests shall be at the sole
discretion of the Department Head, 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 31 days leave of absence in any three-year period.
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19.4 Leave Accrual while on Leave Without Pa V. Current City policy regarding benefits accrual during
Leaves of Absence Without Pay shall apply to all employees covered by this Agreement.
ARTICLE XX- INSURANCE COVERAGE
20.1 Medical, Dental and Vision Insurance. The City shall provide a mutually agreed upon medical,
dental and vision insurance package for employees and their dependents. If the parties agree to change
plans during the life of this agreement, the parties agree to reopen bargaining forthe limited purpose of
negotiating Article XX, Insurance Coverage.
20.2 Health Insurance Eligibility: All bargaining unit employees shall be eligible for insurance
coverage pursuant to the insurance carrier's eligibility requirements.
It is understood that "cashing out" accrued leave time (vacation, and compensatory time) does not
constitute hours worked or compensated hours forthe purpose of determining insurance eligibility.
20.3 Medical, Dental, and Vision Insurance Premiums.
20.3.1 Bargaining Unit members employed prior to July 1 2014: For employees who were hired
and serving in a bargaining unit position on or before June 30, 2014, the City shall pay 90% of the
cost of the employee's monthly health insurance premiums with the employee paying the remaining
10% through payroll deduction.
20.3.2 Bargaining Unit members employed July 1, 2014 or later: For employees who were hired or
placed in a bargaining unit position on or after July 1, 2014, the employee shall pay 20% of the
monthly cost of the employee's health insurance premium through payroll deduction, and the
employershall pay 80%, to a maximum of $1,150 per month. If the employer's 80% exceeds $1,150
per month, the City and employee shall evenly split the difference.
20.3.3 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.
20.3.4 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.
For example, for a .5 FTE employee the city would pay 50% of the 90% or 80% employer share, to a
prorated maximum, and the employee would pay the remainder.
20.4 Section 125. The employer shall institute an IRS Section 125 plan forthe 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
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Arrangement plan and make such plan available to all employees on a voluntary basis at anytime during
the life of this agreement.
20.5 Health Reimbursement Arrangement. The City has adopted the HRA VEBA standard plan
offered and administered by the Voluntary Employee's Beneficiary Association Trust for Public
Employees in the Northwest ("plan"). The standard plan shall be integrated with the City's group
medical plan and the City shall remit contributions only on behalf of eligible employees who are enrolled
in or covered by the City's group medical plan. The City shall contribute to the plan on behalf of all
bargaining unit employees defined as eligible to participate in the plan. Each eligible employee must
submit a completed and signed enrollment form to become an eligible participant and become eligible
for benefits under the plan.
Contributions on behalf of each eligible employee shall be based on direct employer contributions.
Eligibility is limited to bargaining unit members enrolled in the City's medical insurance plan. Employer
contributions shall be $145 for each month worked, contributed on a monthly basis on behalf of eligible
full-time employees. Contributions for eligible employees not working full time, or not working a full
month, except those employees on paid leave, shall be prorated based on FTE.
20.6 Long Term Disability Insurance. The City shall provide full time employees long term disability
insurance that provides, at a minimum, a 662/3% benefit effective the 91" day of the disability.
20.7 Life Insurance. The City shall provide full time employees a term life insurance benefit policy
equal to one years' pay. The one years' pay shall be calculated once each year on July 1 by multiplying
the hourly rate by 2080 hours. In addition, to the extent the carrier permits, the City will allow
employees to purchase additional life insurance atthe employee's expense.
ARTICLE XXI - DRUG AND ALCOHOL POLICY
21.1 Drug and Alcohol Policy. The City's adopted Drug and Alcohol Policy is, by this reference, made
a part of this Agreement. Employees who hold a job-related CDL shall be subject to Department of
Transportation (DOT) random testing requirements.
ARTICLE XXII - OUTSIDE EMPLOYMENT
22.1 Outside Employment. No employee covered by this Agreement shall carry on concurrently with
his/her public service any private business or undertaking or other employment which affects the time,
quality or efficiency of the employee's City work, or which casts discredit upon or creates
embarrassment for the City or conflicts with the interest of the City of Central Point. The City Manager
or his designee shall, in his/her discretion enforce the terms of this Article, and such enforcement shall
be subject to the grievance procedure.
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ARTICLE XXIII -DISCIPLINE AND DISCHARGE
23.1 Discipline. No regular, non -probationary employee shall be disciplined or discharged except for
just cause. Discipline will normally be progressive. However, if a violation of a City policy or work
practice is of a serious enough nature, an employee may be discharged without prior disciplinary
warnings. Oral warnings, counseling or other oral communication are considered discipline and shall be
documented; however, such documentation shall not be considered a written disciplinary action, nor be
subject to the grievance procedure, and such documentation will not be placed in the employee's
personnel file.
23.2 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.
23.3 Probationary Employee. A probationary employee as defined in Article VIII, Probation, Section
1, shall serve at the pleasure of the City and may be disciplined, or discharged for any reason, at any
time during the probationary period, and such discipline or discharge shall not be grievable.
23.4 Grieving Discipline. Any disciplinary action, except oral reprimands, counseling, verbal warnings,
or other oral communications imposed upon an employee, if protested, shall be protested through the
grievance procedure, Article XXIV, Grievance Procedure. However, written reprimands may be
processed only through step 3 of the grievance procedure.
23.5 Union Representation. An employee shall, upon request, be given the opportunity to have a
Union representative present at all disciplinary meetings.
ARTICLE XXIV - GRIEVANCE PROCEDURE
24.1 Definition. A grievance is defined as a claim by an employee and/or Union that there has been a
violation of the bargaining agreement.
24.2 Informal Resolution. When such alleged violations arise, an attempt should 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 Article XXIV, Section 3.
24.3 Grievance Procedure. Each grievance will be processed in the following manner:
Steal. Within 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 10 business days after the grievance
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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 Union
representative of his/her choice who is reasonably available.
Step ll. If the grievant is not satisfied with the response to the grievance by the supervisor, s/he
may, within 10 business days of receipt of the supervisor's decision, request in writing that the
department head review the decision. If the supervisor is the department head, the grievance
will skip to Step III. Within 10 business days of such request, the department head shall render
his/her decision in writing.
Step III. If the grievant is not satisfied with the disposition of the grievance by the department
head, s/he may, within 10 business days of his/her receipt of said decision, request in writing,
that the City Manager review the decision. Within 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 Manager,
the Union may, within 10 business days from receipt of the City Manager's decision, request, in
writing, that the grievance be brought to arbitration. If a timely, valid request has been made,
the parties shall jointly request from the State Conciliation Service, a list of seven arbitrators
residing in Oregon who are members of the American Arbitration Association and, beginning
with the grieving party/Union, the parties shall alternately strike names. The name remaining
shall be the arbitrator. Seven business days shall be allowed for the striking. The parties may, by
mutual agreement, request 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 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 10 calendar days prior to the date when
such grievance shall have first been presented.
24.4 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
CAP081414 Page 139
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.
24.5 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 grievantfails to respond in a timely fashion, the grievance shall be deemed waived.
L. If the party being grieved against fails to respond in a timely fashion, the grievance shall
proceed to the next step.
24.6 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 XXV - UNPROTECTED STRIKE ACTIVITY AND LOCKOUT
25.1 Lockout. There shall be no lockout of employees by the City as a consequence of any dispute
arising during the period of this Agreement.
25.2 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.
25.3 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.
25.4 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.
25.5 Wages and Benefits During Work Interruption. It is understood that employees shall not be
entitled to any benefits or wages whatsoever while they are engaged in such work interruption.
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ARTICLE XXVI -SAVINGS CLAUSE
26.1 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
agreeto immediately negotiate a substitute, if possible,forthe invalidated portion thereof.
ARTICLE XXVII — DURATION
27.1 Duration. This Agreement shall be effective upon ratification and shall remain in effect through
June 30, 2017.
ARTICLE XXIX— EXECUTION/SIGNATURES
Executed this —_— day of 2014 at Central Point, Oregon, by the undersigned
officers by authority and behalf of the Cityof Central Point and Teamsters Local Union No. 223.
Teamsters Local Union No. 223 Cityof Central Point
Clayton Banry, Secretary Treasure Hank Williams, Mayor
Brent Jensen, Labor Representative Chris Clayton, City Manager
Return to Agenda
CAP081414 Page 141
Effective July 1, 2015, Step A of the pay scale shall be increased by a percentage equal to the 12 -month change in
the U.S. All Cities CPI -U index ending in January 2015, with a minimum of 0% and a maximum of 3.5%. Each
subsequent Step shall be 5% greater than the lower step (A"1.05=B, 3* 1.05-C, etc.)
Effective July 1, 2016, Step A of the pay scale shall be revised by a percentage equal to the 12 -month change in the
U.S. All Cities CPI -U index ending in January 2016, with a minimum of 0% and a maximum of 3.S%. Each
subsequent Step shall be S% greater than the lower step.
CAP081414 Page 142
APPENDIX A
General
Service Bargaining
Unit Pay Scale
Effective
July 1, 2014
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
15.42
16.19
17.00
17.85
18.75
19.68
Office Assistant
2,673
2,807
2,947
3,095
3,249
3,412
Grade 4 GS4
16.82
17.67
18.55
19.48
20.45
21.47
Account Clerk: Accounts Payable
2,916
3,062
3,215
3,376
3,545
3,722
Account Clerk: Payroll/Purchase Orders
Account Clerk: Utility Billing
Parks Maintenance Worker
Planning Support Specialist
Utility Worker
Grade 5 GS5
18.91
19.85
20.85
21.89
22.98
24.13
Accounting Specialist
3,277
3,441
3,613
3,794
3,984
4,183
Assistant Engineering Technician
Customer Service Technician
Equipment MaintlFabrication Technician
PW Administrative Assistant
Recreation Programs Coordinator
Senior Utility Worker
Grade 6 GS6
20.94
21.99
23.09
24.24
25.45
26.73
Engineering Technician - GIS
3,630
3,811
4,002
4,202
4,412
4,632
Parks Lead
Recreation Coordinator: Special Events/Mktg
Grade 7 GS7
23.08
24.24
25.45
26.72
28.06
29.46
Community Planner
4,001
4,201
4,411
4,632
4,863
5,107
Foreman: Streets, Water
Grade 8 GS8
25.83
27.12
28.47
29.90
31.39
32.96
Construction Management Coordinator
4,477
4,700
4,935
5,182
5,441
5,713
Environmental Services Coordinator
Information Technology Specialist
Grade 9 GS9
28.67
30.11
31.61
33.19
34.85
36.59
4,970
5,218
5,479
5,753
6,041
6,343
Effective July 1, 2015, Step A of the pay scale shall be increased by a percentage equal to the 12 -month change in
the U.S. All Cities CPI -U index ending in January 2015, with a minimum of 0% and a maximum of 3.5%. Each
subsequent Step shall be 5% greater than the lower step (A"1.05=B, 3* 1.05-C, etc.)
Effective July 1, 2016, Step A of the pay scale shall be revised by a percentage equal to the 12 -month change in the
U.S. All Cities CPI -U index ending in January 2016, with a minimum of 0% and a maximum of 3.S%. Each
subsequent Step shall be S% greater than the lower step.
CAP081414 Page 142
Resolution
Classification Pay
Plan
CAP081414 Page 143
l
A
CENTRAL ADMINISTRATION DEPARTMENT
POINTChris Clayton, City Manager • Deanna Casey, City Recorder • Barb Robson, Human Resources Director
STAFF REPORT
August 14, 2014
AGENDA ITEM: Classification Pay Plan Revision
Consideration of Resolution No. Revising the Classification Pay Plan
STAFF SOURCE:
Barbara Robson, Human Resources Director
BACKGROUND/HISTORY:
Each year the Council is asked to approve the Classification Pay Plan with any revisions from the prior
approved plan. In June when the pay plan is normally brought to the council, the City was still in
contract negotiations with the General Service bargaining unit, so it was delayed.
This proposed, revised pay plan reflects changes for all employee groups since the last pay plan was
approved by council in December 2013, and has an effective date of July 1, 2014.
Part A of the pay plan (General Service Bargaining Unit) has been updated to reflect a 1.6% cost of living
increase pursuant to the contract provided to the Council for ratification at the August 14, 2014
meeting. The COLA amount was determined by the 12 -month change in the CPI -U from January 2013 to
January 2014. Also, the list of classification titles has been revised to reflect changes over the last year.
Part B of the pay plan (Police Bargaining Unit) has been updated to reflect the addition of a "Step F"
pursuant to the provisions of the bargaining agreement ratified last August. There were no other
changes to Part B of the pay plan.
Part C of the pay plan (management/non-represented) reflects corrections only. The maximum amount
listed for Band I should be $5,600 for both Band I positions listed, and the minimum amount listed for
Band II should be $5,150, per the approved management compensation plan document.
RECOMMENDATION:
Motion to approve Resolution _ A Resolution revising the Classification Pay Plan.
ATTACHMENTS: Classification Pay Plan
Return to Agenda
CAP081414 Page 144
RESOLUTION NO.
FIT 041101l111IS] 01* WRif0[viI:IX4]W-lulI1N/e1111IS] 7]e\I]Ie\01
RECITALS:
Chapter 2.48 of the Central Point Code authorizes and directs the City Council to adopt rules
relating to personnel matters. The City Council has heretofore by Resolution Number 1085 adopted and
revised such rules, including the Classification Pay Plan.
Policy 65.2.3 of the Personnel Policies and Procedures provides that the Council shall, by
resolution, adjust the salaries and rates of compensation and benefits for all City officers and
employees. The City Council deems it to be in the best interest of the City to make revisions thereto.
The City of Central Point resolves as follows:
The Classification Pay Plan for 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
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Classification Pay Plan Effective July 1, 2014
Part A: General Service Bargaining Unit Positions
(hourly)
Classification Title Grade
Step A
Step B
Step C
Step D
Step E
Step F
Grade 2-3 GS2-3
15.42
16.19
17.00
17.85
18.75
19.68
Office Assistant
Grade GS4
16.82
1].67
18.55
19.48
2045.
21.47
Account Clerk'. Accounts Payable
Account Clerk'. Payroll/Purchase Orders
Account Clerk'. Utility Billing
Community Development Support Specialist
Parks Maintenance Worker
Utility Worker
Grades GSS
18.91
19.85
2085.
21.89
22.98
24.13
Assistant Engineering Technician
Customer Service Technician
Equipment Maint/Fabrication Technician
PW Administrative Assistant
Recreation Programs Coordinator
Senior Utility Worker
Grade GS6
2094.
21.99
23.09
24.24
25.45
26.73
Acctg/Business Services Coordinator
Engineering Technician - GIS
Parks Lead
Recreation Coordinator: Special Events/Mktg
Grade GS7
23.08
24.24
25.45
26.72
28.06
29.46
Community Planner
Foreman: Streets, Water
Grade GS8
25.83
2].12
28.47
29.90
31.39
32.96
Construction Management Coordinator
Environmental Services Coordinator
Information Technology Specialist
Grade GS9
28.67
30.11
31.61
33.19
34.85
36.59
Part B: Police Bargaining Unit Positions
Classification Title Grade
Step A
Step B
Step C
Step D
Step E
Step F
Police Support Specialist Pilo
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
4206,
4,418
4,638
4,870
5,114
Master Police Officer P150
4,431
4,653
4,886
5,130
5,386
5,665
Part C: Exempt, Non -Bargaining Unit, Management
Positions
Classification Title
Band Minimum
-
Maximum
AccountanVFinance Supervisor
1
4,150
5,600
Police Office Manager
1
4,150
5,600
City Recorder
11
5,150
6,900
Police Lieutenant (non -exempt)
11
5,150
6,900
Parks & Recreation Manager
11
5,150
6,900
Public Works Operations Manager
11
5,150
6,900
Building Division Manager
111
6,150
8,000
Police Captain
111
6,150
8,000
Department Director (CD, FIN, HR, IT, PPW)
IV
6,500
8,700
Police Chief
V
7,150
9,100
Approved by Council
Return to Agenda
CAP081414 Page 146
Business
Run 4 Freedom
Financial Report
CAP081414 Page 147
x5W__
Parks & Public Works Department AOW%kMatt Samitore, Director
CENTRAL
POINT
STAFF REPORT
DATE: AUG 14, 2014
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JENNIFER BOARDMAN, MANAGER
SUBJECT: RUN 4 FREEDOM REPORT
The Central Point Parks and Recreation Department in conjunction with Anytime Fitness held the
4th annual Run 4 Freedom and Kids Fun Run on July 4, 2014. Below are the details regarding
event including true costs.
A. First, the run was very successful and we had many positive comments. While we didn't have a
large sponsor this year, we did have several sponsors that helped provided merchandise in the
goodie bags for the adult run.
B. The kids run had a total of 189. The adult run 183 entries. We also offered pre -race bag pick up
which was helpful to cut down on staff costs on the day of the race.
Adult Run Budget
Revenue
online Revenue
$
1,957.50
Cash Pre Reg
$
710.00
Cash Day of Race
$
740.00
Total Revenue
$
3,407.50
Expenses
Cone Rental
$
240.00
Fire District
$
232.50
Toilet
$
132.00
Bibs/bags
$
157.00
Stutters
$
200.00
Shirts
$
715.00
Prizes
$
26.18
Employee PW
$
464.64
CAP081414 Page 148
Employee Parks
$
720.00
Ribbons
Expenses
$
2,167.32
Expenses
$
1,370.00
Parks Donation
$
(157.00)
Donation Grange
Total expenses
$
2,010.32
Net Revenue
$
0.00
Net revenue
$
1,397.18
Kids Run
Kids Shirts
$
1,300.00
Ribbons
$
70.00
Expenses
$
1,370.00
Donation Grange
$
1370.00
Net Revenue
$
0.00
We were able to cut down on costs this year by using all of Pine Street as part of the run route.
This cut about $800 in costs out of the run expenses. Having a pre -race pick up also cut down on
employee costs.
Recommendation: The City Council approves the donation of $1397.18 to the Crater Foundation
for football scholarships since the helpers of the event were the Crater Football team members.
Return to Agenda
CAP081414 Page 149
Business
Planning Commission
Report
CAP081414 Page 150
PLANNING DEPARTMENT MEMORANDUM
Date: August 14, 2014
To: Honorable Mayor & Central Point City Council
From: Tom Humphrey AICP, Community Development Director
Subject: Planning Commission Report
The following items were presented by staff and discussed by the Planning Commission at a
regularly scheduled meeting on August 5, 2014.
A. Consideration of a Major Modification per CPMC 17.09 to re -plat portions of
Beebe Woods Subdivision, Phases 3 and 4, located in the R-2, Residential Two -
Family Zoning District. File No. 14015. A final plat was recorded for Beebe Woods,
Phases 3 and 4 in October 2005 and all of the infrastructure improvements were made.
Construction began on houses (foundation only) but stopped with the recession. This
proposal to re -plat the subdivision will reduce the number of lots (from 33 to 25),
replace the two-story with single -story homes and target an older residential population.
Central Point East residents voiced their concerns about traffic in their neighborhood
and wanted an alternative access built with this re -plat. Under City and State codes, the
scope of a modification is limited to the owner's request which is simply to reduce the
number of lots. The Commission reasoned that the City approved the subdivision, the
owner made the improvements and that the scope and the City's authority was limited
to lot (and consequently vehicle trip) reduction. They voted unanimously to approve
Resolution No. 805 to re -plat Beebe Woods, Phases 3 and 4.
B. Given the concerns raised by residents of the Central Point East Subdivision
regarding the traffic in their neighborhood the Commission made a motion to
recommend the City Council direct Planning and Public Works staff to evaluate
the need for a stop sign on Oakview Avenue at its intersection with Meadowbrook
Drive. It was believed that changing demographics in this neighborhood have resulted
in more vehicle travel and the need to re-evaluate the use of traffic control devices on
Oakview Avenue and Meadowbrook Drive. The Commission voted unanimously in
favor of this motion.
C. Consideration of a Floodplain Development Application to complete floodway
mitigation activities including in -channel bank protection for Griffin Creek and
upland grading activities for Twin Creeks TOD, File No. 14001. The Planning
Commission reviewed the overall Twin Creeks Floodway Mitigation Project and, after
CAP081414 Page 151
deliberation with staff and the applicant's consultant team, approved Resolution No.
806 for a Floodplain Development Permit based on the following findings and
conditions:
I. Prior to the start of construction (grading within Floodplain only), the applicant shall submit to
the City:
a. Proof of submittal of CLOMR to FEMA; and
b. A copy of all local, state and federal agency permit approvals. Project timing
and habitat monitoring requirements set forth in agency approvals shall be a
condition of this Floodplain Development Application.
2. Prior to start of construction (grading & channel protection within the Floodway), the
applicant shall submit to the City:
a. A copy of the CLOMR from FEMA.
b. A copy of all local, state and federal agency permit approvals. Project timing
and habitat monitoring requirements set forth in agency approvals shall be a
condition of this Floodplain Development Application.
The Commission also modified a condition of an earlier approval for North Village Phases
L II and III Tentative Plan to allow grading within that projects Floodplain in accordance
with Condition No. 2 above.
Return to Agenda
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