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October 13, 2014 Agenda KF,M CW ATHRYN IGLEYAYOR ITY OF OODBURN TAL,CW1 ERESA LONSO EONOUNCILOR ARD LE,CWII ISA LLSWORTHOUNCILOR ARD CCA PMC,CWIII ITYOUNCILGENDA ETER CALLUMOUNCILOR ARD JC,CWIV AMES OXOUNCILOR ARD FL,CWV RANK ONERGANOUNCILOR ARD O13,2014–7:00.. CTOBERPM EM,CWVI RIC ORRISOUNCILOR ARD CHCC–270MS ITY ALL OUNCIL HAMBERS ONTGOMERY TREET 1.CALL TO ORDER AND FLAG SALUTE 2.ROLL CALL 3.ANNOUNCEMENTS AND APPOINTMENTS Announcements: None. Appointments: None. 4.COMMUNITY/GOVERNMENT ORGANIZATIONS None. 5.PROCLAMATIONS/PRESENTATIONS Proclamations: None. Presentations: None. 6.COMMUNICATIONS . None – This allows the public to introduce items for Council 7.BUSINESS FROM THE PUBLIC consideration not already scheduled on the agenda. –Items listed on the consent agenda are considered routine 8.CONSENT AGENDA and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A.Woodburn City Council minutes of September 22, 20141 This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318at least 24 hours prior to this meeting. **Habrá intérpretesdisponibles para aquéllas personas que no hablan Inglés, previo acuerdo. Comuníquese al (503) 980-2485.** October 13, 2014Council Agenda Page i Recommended Action: Approve the minutes. B.Woodburn Executive Session minutes of September 22, 20144 Recommended Action: Approve the minutes. C.Woodburn Recreation and Park Board minutes of September 6 16, 2014 Recommended Action: Receive the minutes. D.Building Activity for September 20149 Recommended Action: Receive the report. 9.TABLED BUSINESS None. 10.PUBLIC HEARINGS None. –Members of the public wishing to comment on items of general 11.GENERAL BUSINESS business must complete and submit a speaker’s card to the City Recorder prior to commencing this portion of the Council’s agenda. Comment time may be limited by Mayoral prerogative. A.Council Bill No.2970-An Ordinance Establishing a Tax on the 10 Sale of Marijuana and Marijuana-Infused Products in the City of Woodburn Recommended Action:Consider passage of the proposed Marijuana Tax Ordinance. B.Council Bill No.2971-A Resolution Authorizing Execution of a 23 Collective Bargaining Agreement Between the City of Woodburn and the Woodburn Police Association for a Contract Beginning on July 1, 2014 and Ending on June 30, 2017 Recommended Action:Adopt the attached resolution authorizing the execution of a new collective bargaining agreement with the Woodburn Police Association (“the WPA”). C.Acceptance of 2014 COPS Police Officers Funding Grant92 Recommended Action:City Council authorize staff to accept the grant for a School Resource Officer Position under the 2014 COPS Hiring Grant Program. October 13, 2014Council Agenda Page ii – These are 12.PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS PlanningCommission or Administrative Land Use actions that may be called up by the City Council. None. 13.CITY ADMINISTRATOR’S REPORT 14.MAYOR AND COUNCIL REPORTS 15.ADJOURNMENT October 13, 2014Council Agenda Page iii COUNCIL MEETING MINUTES SEPTEMBER 22, 2014 DATECOUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY 0:00 OF MARION, STATE OF OREGON, SEPTEMBER 22, 2014 CONVENED The meeting convened at 7:00 p.m. withMayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallum Present Councilor Morris Present Councilor Ellsworth Present Councilor Alonso Leon Present Staff Present: City Administrator Derickson, City Attorney Shields, Economic and Development Director Hendryx, Community Services Director Row, Police Chief Russell, Finance Director Head, Human Resources Director Hereford,Captain Alexander, Captain Garrett, Public Works Director Scott, Communications Coordinator Horton, Recreation Services Manager Wierenga, City Recorder Pierson CONSENT AGENDA 0:01 A.Woodburn City Council minutes of September 8, 2014 B.Woodburn City Council Executive Session minutes of September 8, 2014 C.Crime Statistics through August 2014 McCallum/Alonso Leon …adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 2967 - AN ORDINANCE PROHIBITING RESIDENTIAL 0:02 PARKING ON UNIMPROVED AREAS; ALLOWING THE PLACING OF CITATIONS ON ILLEGALLY PARKED VEHICLES AND PROVIDING FOR ENFORCEMENT PROCEDURES(SECOND READING) McCallum re-introduced Council Bill No. 2967. Mayor Figley requested a Second Reading of Council Bill No. 2967. Recorder Piersonread the bill by title only since there were no objections from the Council. On roll call vote for final passage, the vote was 3- 2 with Councilors Morris and Alonso Leon voting no. Mayor Figleydeclared Council Bill No. 2967 duly passed. Councilor McCallum suggested that an education plan to inform the public about this ordinance be undertaken. Councilor Ellsworth suggested a 60 day amnesty program and Councilor McCallum stated that we don’t have any provision to do that but we do have 30 days. City Administrator Derickson stated that the ordinance will go into effect in 30 days and the City will do their best to get the word out. Councilor Alonso Leon stated that her concern with the ordinance is that now people can put gravel on their lawns and park there. Page 1 - Council Meeting Minutes, September 22, 2014 1 COUNCIL MEETING MINUTES SEPTEMBER 22, 2014 COUNCIL BILL NO. 2969 - AN ORDINANCE AMENDING ORDINANCE 2338 0:08 (THE NUISANCE ORDINANCE) TO ADD A NEW SECTION REGULATING LIGHT TRESPASS IN RESIDENTIALLY-ZONED AREAS McCallum introduced Council Bill No. 2969. Recorder Pierson read the two readings of the bill by title only since there were no objections from the Council. Luis Juarez, 759 Goose Hollow Ct., stated that he wanted to speak on the parking ordinance that was just passed. He stated that there needs to be more communication and outreach into the community when issues like this come before the Council and feels that the City can greatly improve on this process. Mayor Figley apologized for assuming Mr. Juarez wanted to speak on the light ordinance and let him know that the Council has been speaking about the issue of parking on lawns since early spring and that outreach efforts have been made. Merri Berlin, 167 N. Settlemier, stated that the parking topic has been under discussion since last winter and that the information is available to anyone who is interested in it. Glen White, 888 Wilson, stated he is the reason the light trespass ordinance is being brought before the Council and he is opposed to it. He added that he put up lights to help protect his property because he has had numerous thefts at his home and believes that if he is required to remove the lights he will once again be a target for thieves. Councilor McCallum asked Mr. White where his lights are located and if he has shields on them and Mr. White answered that they shine down on his driveway and they do not have shields on them. Councilor McCallum stated that these changes to the ordinance came about by ordinance review and during review they found that businesses have very strict lighting on their property but residential did not. Councilor Lonergan asked if the lights are interfering with anyone else’s property and Mr. White answered that it does shine on one side of Councilor Ellsworth’s home. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 2969 duly passed. INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING 0:41 BETWEEN THE CITY AND WOODBURN SCHOOL DISTRICT 103 RELATED TO THE SHARED USE OF FACILITIES Lonergan/McCallum …authorize the City Administrator to enter into an Intergovernmental Memorandum of Understanding (MOU) with Woodburn School District 103 related to the shared use of facilities for recreation, academic, and athletic programs. The motion passed unanimously. CITY ADMINISTRATOR’S REPORT 0:42 TheCity Administrator asked Council if they are interested in entertaining a motion that would levy a tax on medical and recreational marijuana. Councilor McCallum stated that medical marijuana and recreational marijuana, if it becomes legal, places a burden on the City and public safety resources and he is in favor of a 10% tax. Mayor Figley concurred. Councilor Morris stated that he does have concerns about taxing marijuana and believes that the City should look at data from Washington and Colorado. City Administrator Derickson stated that he will bring a proposed ordinance to the next meeting. Councilor McCallum asked if the police department could provide council with information on what they are looking at in regards to enforcement problems and the impact this will have on their department. Page 2 - Council Meeting Minutes, September 22, 2014 2 COUNCIL MEETING MINUTES SEPTEMBER 22, 2014 MAYOR AND COUNCIL REPORTS 0:52 Councilor Alonso Leon thanked everyone for the conversations on the topics today and stated that she appreciates people taking time to participate in the meeting. Councilor McCallum concurred with Councilor Alonso Leon and reminded people that if they can’t come to the meeting they can always watch it on television. Councilor Ellsworth stated that she is going to be attending League of Oregon Cities training this week with Councilor Alonso Leon. Council Morris recommended that people sign up for the City’s E-blast and that people can sign up on the City’s website. EXECUTIVE SESSION 0:55 Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h), ORS 192.660 (2)(f), ORS 192.660 (2)(d), and ORS 192.660 (2)(i). McCallum/Lonergan …to move into executive session. City Attorney Shields declared that one of the reasons for this executive session is his evaluation and that he has a conflict because he can’t represent the City on that matter. The motion passed unanimously. The Council adjourned to executive session at7:57 p.m. and reconvened at 9:01 p.m. Mayor Figley stated that the Council will be requesting cost information about salary adjustment for the City Attorneyas Council would like more information before taking any action in open session and she will follow up with the City Administrator and Finance Director on that. ADJOURNMENT 2:02 McCallum/Alonso Leon ...meeting be adjourned.The motion passed unanimously. The meeting adjourned at 9:02 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson,City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, September 22, 2014 3 EXECUTIVE SESSION COUNCIL MEETING MINUTES SEPTEMBER 22, 2014 DATECONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,SEPTEMBER 22, 2014 CONVENED TheCouncil met in executive session at 8:02 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Cox Absent Councilor Lonergan Present Councilor McCallumPresent Councilor MorrisPresent Councilor Alonso Leon Present Councilor Ellsworth Present Mayor Figley reminded Councilors and staff that information discussed in executive session is not to be discussed with the public. Media Present: None. Staff Present Item #1: City Administrator Derickson, City Attorney Shields,Police Chief Russell, Human Resources Director Hereford, City Recorder Pierson The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). Staff Present Item #2: City Administrator Derickson, City Attorney Shields, Police Chief Russell, Human Resources Director Hereford, City Recorder Pierson The executive session was called: To conduct deliberations with persons designated by the governing body to carry on labor negotiations pursuant to ORS 192.660 (2)(d). (Pursuant to ORS 192.660 (4) this matter is placed on the agenda with the understanding that members of the news media are excluded). Staff Present Item #3: City Attorney Shields, City Recorder Pierson The executive session was called: Page1 – Executive Session, Council Meeting Minutes, September 22, 2014 4 To review and evaluate, pursuant to standards, criteria and policy directives adopted by the governing body, the employment-related performance of the chief executive officer of any public body, a public officer, employee or staff member unless the person whose performance is being reviewed and evaluated requests an open hearing pursuant to ORS 192.660 (2)(i). ADJOURNMENT The executive session adjourned at 9:00 p.m. APPROVED_______________________________ KATHRYN FIGLEY, MAYOR ATTEST_______________________________ Heather Pierson,CityRecorder City of Woodburn, Oregon Page2 – Executive Session, Council Meeting Minutes, September 22, 2014 5 CityofWoodburn CityofWoodburn RecreationandParkBoardMinutes RecreationandParkBoardMinutes September16, 20145:30p.m. CALL TO ORDER 1. The meeting was called to order at 5:30 p.m. ROLL CALL 2. Position I Ricardo Rodriguez, Member (12/14) Present Position II Sofie Velasquez (12/14) Vacant Position III Joseph Nicoletti, Board Secretary (12/17) Absent Position IV Rosetta Wangerin, Board Chair (12/17) Absent Position V Chris Lassen, Member (12/17) Present Position VI Ardis Knauf (12/16) Absent Position VII Gevin Gregory (12/16) Vacant APPROVAL OF MINUTES 3. The minutes from the August 12,2014 meeting could not be approved due to the lack of a quorum. BUSINESS FROM THE AUDIENCE 4. None NEW BUSINESS 5. OLD BUSINESS 6. Legion Park Rehabilitation Project Kristin provided an update on the status of the Legion Park project.She also showed photos of the restroom/ pavilion structure, which is under construction.She also showed the Board a picture of the pathways,which have been graveled and will soon be paved. There was discussion about the automatic restroom locks that will be included Aquatics Supervisor Recruitment Kristin informed the Board that 9 candidates were interviewed during the first round and that 3 were moved into the final round of the process, which is scheduled for September 24.We will follow a process very similar to the one we used in 2011, including an interview, candidate presentation, written assignment, online professional assessment, and in-water exercises. DIVISION REPORTS FROM DEPARTMENT 7. a.AQUATICS 6 Financial Update August revenue up 13% from last year ($3,046) and expenses are up 10% from last year. This is largely due toreplacement of spa jet pump. Program Update Monthly Memberships revenue up 21% year to date (FY to date) Swim Lessons revenue up 5% from last year (FY to date) Lifeguard & Swim Instructor training are coming up at the end of Sept/Early Oct. We will offer the Earn While You Learn Program EWYL again.No one has signed up yet, but the EWYL interview is Friday Sept 19 Will offer Hydrofit Water classes in October Marketing Update Transit pass promotion 84 passes have been redeemed (expired). Working on fall promotions 1.Working with local schools to promote the Aquatic Center. 2.Coupon in the Woodburn High School Football Program 3.Spooky Splash preparations are underway b.RECREATION Youth Sports Soccer 1.302 last year, 354 this year (17% increase) 2.Meet Your Coach Day Saturday; different system than previous years Kidz Love Soccer 0last year, 11this year (first time offered in the fall) Active Adult Trips Active adult trips summer - 33 last year, 33this year Ofest shuttle None last year, 13 this year Multnomah Falls trip tomorrow 26 signed up Events st Movies in the Park Great Attendance: 75 roughly 1movie ndrd (Despicable Me 2), 150 2 movie (Lego Movie) & 175 roughly for 3 movie (Frozen) th 125Anniversary Celebration Sept. 7. Roughly 60 in attendance. Youth Advisory Board Still recruiting a member for the board asked the school about a voting position but also trying to recruit through YAB 7 Just had kickoff party with great attendance Adult Sports Museum Reminders: Will be applying for an assessment grant in October to access the building and collections & will be opening on Sundays as well come October from 11am-3pm Looking at collection management software systems Other Programs Sewing classes going well 4 signed up Freezer Meals Class on Sept. 23 through OSU Extension c.PARKS & FACILITIES Kristin discussed the Tour DaVita, which is currently taking place in and around Centennial Park. The bicycling event is a fundraiser for kidney disease and involves about 500 participants and more than 100 support staff. The Park closed to the Public Monday morning and should re-open late Wednesday. FUTURE BOARD BUSINESS 8. None. BOARD COMMENTS 9. Ricardo was pleased that 6 picnic tables were placed at Nelson Park. ADJOURNMENT 10. The meeting was adjourned at 5:49p.m. 8 9 Agenda Item October 13, 2014 TO:Honorable Mayor and City Council FROM:Scott C. Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Marijuana Tax Ordinance : RECOMMENDATION Consider passage of the proposed Marijuana Tax Ordinance. BACKGROUND: Oregon voterslegalized medical marijuanaby initiative petition in 1999. Shortly thereafter, medical marijuana dispensaries began opening around thestate. The2013 Oregon Legislature passed House Bill 3460, whichcreatedregulatory and licensingrequirements for medical marijuana dispensaries.In February 2014, the City Council adopted Ordinance 2514, which imposes a legislatively- allowed moratorium on siting medical marijuana dispensaries in Woodburn. Measure 91 will be voted on in the November general election and would legalize the saleof recreational marijuana in Oregon. At the September 22 meeting, City Council requested that staff draft a marijuana tax ordinance for consideration. The proposed ordinance imposesa gross receipts tax on the sale of medicalmarijuana, recreational marijuana (should it be legalized by Oregon voters in November) and marijuana-infused products. As discussed with the Council, the Ordinance imposes a lower tax rate on medical marijuana (5%) than that imposed on recreational marijuana (10%). It applies to all retailers of marijuana and medical marijuana. : DISCUSSION There is presently nothing in Oregon law that prohibits the City from taxing marijuana, but it should be noted thatMeasure 91 contains the following express language: Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance __x___ 10 Honorable Mayor and City Council October 13, 2014 Page 2 SECTION 42. State hasexclusive right to tax marijuana. No county or city of this stateshall impose any fee or tax, including occupation taxes, privilege taxesand inspection fees, in connection with thepurchase, sale, production, processing, transportation, and delivery of marijuana items. Becausethe above languagedoes not specifically repeal a local marijuana tax in effectat the timeofthe measure’s passage,and because this language could be interpreted to read “No county or city of this stateshall\[after the effective dateofthis measure\] impose any fee or tax …”,itcan be arguedthat the ballot measure does not preempt the City’s taxation Ordinance if it takes effect before the effective date of the ballot measure. The Ordinance presented for Council consideration is a grossreceipts tax on the saleof recreational marijuana, medical marijuana and marijuana-infused products.The tax is applied to thetotalgross taxablerevenues 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 servicesand thenremitting a percentage to the taxing entity. Many businesses thataresubject to a grossreceipts tax will show the tax on thebill of salethey present to the customer, but it is nonetheless thebusiness that is responsible for paying the tax. : FINANCIAL IMPACT This ordinance couldadd some revenuebut, becauseof itslegal uncertainty, the sums received would initially have to be escrowed pending the outcome of the expected litigation. Also, if legalization occurs, this is anticipated to create additional law enforcement costs. 11 COUNCIL BILL NO. 2970 ORDINANCE NO. 2523 AN ORDINANCE ESTABLISHING A TAX ON THE SALEOF MARIJUANA AND MARIJUANA-INFUSED PRODUCTS IN THE CITY OF WOODBURN Section 4 of the City of WoodburnCharter provides: WHEREAS, 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 fullyas though this charter specifically enumerated each of those powers; and the City Council stated at its meeting on September 22, 2014 WHEREAS, that it desires to tax the saleor transfer of marijuana within the City; and the City is aware that Ballot Measure 91 is scheduled for the WHEREAS, November 4,2014 general election and provides for a tax on engaging in the business of producing marijuana;and Section 84 of Measure 91 provides that the measure takes WHEREAS, effect 30 days after approval bythe voters, which is on December 4, 2014; and this Ordinance is scheduled to be enacted and takeeffect WHEREAS, priorto December4, 2014 and is intended to be read with in pari materia Ballot Measure 91, should it pass, as the Ordinance excludes any tax on engaging in the business of producing marijuana, which is the tax imposed under Ballot Measure 91; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Purpose. For the purposes of this Section, any Seller of Marijuana, medical Marijuana, or Marijuana-infused products in the City is exercising a taxable privilege. The purpose of this Section is to impose a Tax upon the Retail Sale of Marijuana, medical Marijuana, and Marijuana-infused products and not on the business of producing Marijuana. Council Bill No. 2970 Page- 1 - Ordinance No. 2523 12 Section 2. Definitions. When not clearly otherwise indicated by the context, the following words and phrases, as used in this Ordinance have the following meanings: A. “Director” means the City’s Finance Director or his/her designee. B. “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 are subject to the Tax imposed by this Ordinance. C. “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 ormay 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 therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. D. “Oregon Medical Marijuana Program” means the office within the OregonHealth Authority that administers the provisions of ORS 475.300 through 475.346, the Oregon Medical Marijuana Act, and all policies and procedures pertaining thereto. E. “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, and any political subdivision thereof, or the manager, lessee, agent, servant, officer, or employee of any of them. F. “Purchase or Sale” means the retail acquisition or furnishing for consideration by any Person of Marijuana within the City and does not include the acquisition or furnishing of Marijuana by a grower or processor to a Seller. G. “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. Council Bill No. 2970 Page- 2 - Ordinance No. 2523 13 H. “Retail Sale” means the transfer of goods or services in exchange for any valuable consideration and does not include the transfer or exchange of goods or services between a grower or processor and a Seller. I. “Seller” means any Person who sells Marijuana or Marijuana- infused products to purchasers for money, credit, property, or other consideration within the City. J. “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 Ordinance. K. “Taxpayer” means any Person obligated to account to the Director for Taxes collected or to be collected, or from whom a Tax is due, under the terms of this Ordinance. Section 3. Levy of Tax. A. Every Seller exercising the taxable privilege of selling Marijuana and Marijuana-infused products, as defined in this Ordinanceis subject to and must pay a Tax for exercising that privilege. B. The amount of Tax levied is as follows: 1. Five (5%) percent of the Gross Taxable Sale amount paid to the Seller of Marijuanaand Marijuana-infused products by a Person who is a Registry Identification Cardholder. 2. Ten (10%) percent of the Gross Taxable Sale amount paid to the Seller of Marijuana and Marijuana-infused products by Persons who are purchasing Marijuana and Marijuana-infused products but are not doing so under the provisions of the Oregon Medical Marijuana Program. Section 4. Deductions. The following deductions are allowed against Sales received by the Seller providing Marijuana: A. Documented refunds of Sales actually returned to any purchaser. Council Bill No. 2970 Page- 3 - Ordinance No. 2523 14 B. Documented adjustments in Sales that 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. Section 5. Seller Responsible for Payment of Tax. A. Every Seller must, on or before the last 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 Ordinance and the amount of Tax collected underthis Ordinance. 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. TheDirector may require further information in the return relevant to payment of the Tax. A return is not considered filed until it is actually received by the Director. B. At the time the return is filed, the Seller must remit to the City the full amount of the Tax collected. Payments received by the City 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. The City will apply non-designated payments 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. D. If the Director, in his or hersole 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 will be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. Sellers must hold in trustall Taxes collected pursuant to this Ordinance Council Bill No. 2970 Page- 4 - Ordinance No. 2523 15 for the City's account until the Seller makes payment to the City. A separate trust bank account is not required in order to comply with this provision. E. Every Seller required to remit the Tax imposed by this Ordinanceis entitled to retain five percent (5%) of all Taxes collected anddue to the City to defray the costs of bookkeeping and remittance. F. Every Seller must keep and preserve, in an accounting format established by the Director, records of all Sales made by the Seller and such other books or accounts as the Director may require. Every Seller must keep and preserve for a period of three yearsall such books, accounts, and other records. The Director has the right to inspect all such records at all reasonable times. Section 6. Penalties and Interest. A. Any Seller who fails to remit any portion of any Tax imposed by this Ordinance within the time required must pay a penalty of ten percent (10%) of the amount of the Tax, in addition to the amount of the Tax. B. If any Seller fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittancefirst became delinquent, the Seller must pay a second delinquency penalty of ten percent (10%) 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 Ordinance is due to fraud, a penalty of twenty-five percent (25%) of the amount of the Tax will be added thereto, in addition to the penalties provided herein. D. In addition to the penalties imposed, any Seller who fails to remit any Tax imposed by this Ordinancemust 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 any interest that accrues under the provisions of this Ordinancebecomes a part of the Tax required to be paid. F. All sums collected pursuant to the penalty provisions in this Ordinance will be distributed to the City’s general fund. Council Bill No. 2970 Page- 5 - Ordinance No. 2523 16 G. Penalties for certain late Tax payments may be waived or reduced pursuant to policies and processes adopted by the Director. However, the Director is not required to create a penalty waiver or reduction policy. If the Director does not create a policy for waivers or reductions, no waivers or reductions are allowed. Section 7. Failure to Report and Remit Tax. A. If any Seller fails to make any report of the Tax required by this Ordinance within the time provided in herein, the Director will proceed to obtain facts and information on which to base the estimate of Tax due. As soon as the Director procures such facts and information upon which to base the assessmentof any Tax imposed by this Ordinanceand payable by any Seller, the Director will determine and assess against such Seller the Tax, interest, and penalties provided. B. If the Director makes a determination as outlined above, the Director must give notice to the Seller of the amount assessed. The notice must bepersonally served on the Seller or deposited in the United States mail, postage prepaid, addressed to the Seller at the last known place of address. C. The Seller may appeal the Director’s determination as provided herein. If no appeal is timely filed, the Director’s determination is final and the amount assessed is immediately due and payable. Section 8. Appeal. A. Any Seller aggrieved by any decision of the Director with respect to the amount of Tax owed, along with interest and penalties, if any, may appeal the decision to the City Administrator. B. The Seller must file the appeal within 30 days of the City's serving or mailing of the determination of Tax due. The Seller must file using forms provided by the City. C. Upon receipt of the appeal form, the City Administrator will schedule a hearing to occur within 20 business days. The City Administrator will give the Seller notice of the time and date for the hearing no less than seven days before the hearing date. At the hearing, the City Administrator will hear and consider any records and evidence presented bearing upon the Director's determination of amounts due and make findings affirming, reversing, or modifying the determination. The Director and the appellant Council Bill No. 2970 Page- 6 - Ordinance No. 2523 17 may both provide written and oral testimony during the hearing. The findings of the City Administrator are final and conclusive. The City will servethe findings upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due is immediately due and payable upon the service of notice. Section 9.Refunds. A. The City may refund to the Seller any Tax, interest, or penalty amount under any of the following circumstances: 1. The Seller has overpaid the correct amount of Tax, interest, or penalty; 2. The Seller has paid more than once for the correct amount owed; or 3. The City has erroneously collected or received any Tax, interest, or penalties. B. The City may not issue a refund unless the Seller provides to the Director a written claim under penalty of perjury stating the specific grounds upon which the claim is founded and on forms furnished by the City. The Seller must file the claim within one year from the date of the alleged incorrect payment to be eligible for a refund. C. The Director has 20 calendar days from the date of the claim's receipt to review the claim and make a written determination as to its validity. After making the determination, the Director will notify the claimant in writing of the determination by mailing notice to the claimant at the address provided on the claim form. D. If the Director determines the claim is valid, the claimant may either claim a refund or take as a credit against Taxes collected and remitted the amount that was overpaid, paid more than once, or erroneously received or collected by the City. The claimant must notify the Director of the claimant's choice no later than15 days following the date the Director mailed the determination, and the claimant must do so in a manner prescribed by the Director. E. If the claimant does not notify the Director of the claimant's choice within the 15-day period and the claimant is still in business, the City will Council Bill No. 2970 Page- 7 - Ordinance No. 2523 18 grant a credit against the Tax liability for the next reporting period. If the claimant is no longer in business, the City will mail a refund check to claimant at the address provided in the claim form. F. The City will not pay a refund unless the claimant establishes by written records the right to a refund and the Director acknowledges the claim’s validity. Section 10. Actions to Collect. A. Any Tax required to be paid by any Seller underthe provisions of this Ordinanceis a debt owed by the Seller to the City. Any Tax collected by a Seller that has not been paid to the City is a debt owed by the Seller to the City. Any Person owing money to the City under the provisions of this Ordinance is liable to an action brought in the name of the City of Woodburn for the recovery of the amount owing. In lieu of filing an action for recovery, the City, whenTaxes due are more than 30 days delinquent, may submit any outstanding Tax due to a collection agency. So long as the City has complied with the provisions set forth in ORS 697.105, if 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) or fifty percent (50%) of the outstanding Tax, penalties, and interest owing. Section 11. Civil Infraction. A. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction and may be processed according to the procedures contained in the Woodburn Civil Infraction ordinance. It is a violation of this Ordinance for any Seller or other Person to: 1. Fail or refuse to comply as required herein; 2. Fail or refuse to furnish any return required to be made; 3. Fail or refuse to permit inspection of records; 4. Fail or refuse to furnish a supplemental return or other data required by the Director; 5. Render a false or fraudulent return or claim; or Council Bill No. 2970 Page- 8 - Ordinance No. 2523 19 6. Fail, refuse, or neglect to remit the Tax to the City by the due date. B. The remedies provided hereinare notexclusive and do not prevent the City from exercising any other remedy available under the law. C. The remedies provided hereindo not prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or City ordinance. Section 12. Confidentiality. A. Except as otherwise required by law, it is 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 underthe terms of this Ordinance. Notwithstanding, the following is not prohibited: 1. The disclosure of the names and addresses of any Person who is operating a licensed establishment from which Marijuana is sold or provided; 2. The disclosure of general statistics in a form which would not reveal an individual Seller’s financial information; 3. Presentation of evidence to the court, or other tribunal having jurisdiction, in the prosecution of any criminal or civil claim by the City or an appeal from the Cityfor amounts due; 4. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures; or 5. 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 when the Tax exceeds $5,000. The City Council expressly finds that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). Section 13. Audit of Books, Records, or Persons. A. The City may examine or may cause to be examined by an agent or representative designated by the City for that purpose, any books, papers, Council Bill No. 2970 Page- 9 - Ordinance No. 2523 20 records, or memoranda, including copies of Seller's state and federal income Tax return, bearing upon the matter of the Seller's Tax return for the purpose of determining the correctness of any Tax return, or for the purpose of an estimate of Taxes due. All books, invoices, accounts, and other records must 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, theDirector may immediately seek a subpoena from the 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. Section 14. Forms and Regulations. A. The Director is authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment, and collection of the Marijuana Tax, and to provide for: 1. A form of report on Sales and Purchases to be supplied to all vendors; 2. The records that Sellers providing Marijuana and Marijuana- infused products must keep concerning the Tax imposed. The sections, subsections, paragraphs, and Section 15. Severability. clauses of this Ordinance are severable. The invalidity of one section, subsection, paragraph, or clause does not affect the validity of the remaining sections, subsections, paragraphs, and clauses. Nothing in this Ordinanceaffects the validity of Section 16.Savings. prosecutions related to marijuana use and possession under state or federal laws, or Woodburn Ordinances currently in effect. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Council Bill No. 2970 Page- 10 - Ordinance No. 2523 21 Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Council Bill No. 2970 Page- 11 - Ordinance No. 2523 22 Agenda Item October 13, 2014 TO:Honorable Mayor and City Council FROM:Scott C. Derickson, City Administrator N. Robert Shields, City Attorney SUBJECT: Collective Bargaining Agreement with Woodburn Police Association : RECOMMENDATION Adopt the attached resolution authorizing the execution of a new collective bargaining agreement with the Woodburn Police Association (“the WPA”). : BACKGROUND In March2014,the City and the WPA began a series of bargaining sessions aimed at producing a successor contract. The City Attorney acted as the City’s lead negotiator with Human Resources Director Hereford and Captain Alexander on the City’s negotiating team. The City Administrator, Police Chief and Finance Director also played important support roles. Atentative three year agreement was reached with the WPA’s negotiating team and the WPA’s membership ratified thenew agreement on October 2, 2014. : DISCUSSION The fact that the bargaining process was conducted professionally with good communication allowed both parties to avoid theexpensive mandatory arbitration processand produce a new contract with wages and benefits that are “comparable” to other jurisdictions as required by Oregon state law. Some highlights of the new agreement are as follows: Wages –3 year term: Effective and retroactive to July 6, 2014, the City shall increase the wages of all Association members by three percent (3%). Effective July 5, 2015, the City shall increase the wages of all Association members by two percent (2%). Effective July 3, 2016, the City shall increase the wages of all Association members by two percent (2%). Agenda Item Review:City Administrator __x____City Attorney __x____Finance __x___ 23 Honorable Mayor and City Council October 13, 2014 Page 2 Health Insurance: The new agreement provides for anew cost sharing arrangement forWPA members with Kaiser health insurance.Under the old agreement, WPA members with Blue Cross/Regence health insurance pay 5% of their health care premium and the City pays 95% (“95-5”). For Kaiser health insurancemembers under the old agreement, the Citypaid 100% of the premium share. Under the new agreement, the cost sharing for WPA members is equalized with Blue Cross/Regence. An arrangement is phased in for Kaiser health insurance members so, like Blue Cross/Regence members, they are also at a“95-5”cost share by the last year of the new agreement. This results in some monetary savings to the City and has the added benefit of making the health insurance plans uniform. Personal Time Off Memorandum of Understanding: A “working group” will be established, consisting of the HR Director, Finance Director, WPA President, WPA representative, and a police department command staff representative to explore the implementation of a Personal Time Off (PTO) program. A PTO program is worth evaluating byboth sides because it can simplify leave time, provide more flexibility for the employee and save money for the City. Numerous Operational Issues: As in every new police collective bargaining agreement, the language in the existing agreement was modified by the parties to eliminate problems apparent under the old agreement andto streamline the workings of the police department. Most of these changes are technical in nature but they are always an important part of the negotiation process. A copy of the new agreement, as tentatively agreed to by the parties, is attached to the resolution for your review. : FINANCIAL IMPACT The proposed new agreement ensures that Woodburn police officers’ “overall total compensation” is at least equal to the compensation of police officers in “comparable” jurisdictions, as is required by state law. The financial impact of the new agreement is supported by the current budget. Finally, the new 24 Honorable Mayor and City Council October 13, 2014 Page 3 agreement meets the City Council’s financial objectives per the Councils adopted Five Year Financial Forecast and Budget Policies. 25 COUNCIL BILL NO. 2971 RESOLUTION NO. 2055 A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE WOODBURN POLICE ASSOCIATION FOR A CONTRACT BEGINNING ON JULY 1, 2014 AND ENDING ON JUNE 30, 2017 the purpose of labor negotiations is to reach an agreement on WHEREAS, matters relating to wages, hours, working conditions, and fringe benefits for certain represented employees; and the City of Woodburn (“the City”) and the Woodburn Police WHEREAS, Association (“the WPA”) have engaged in a number of good faith bargaining sessions in orderto reach a new Collective Bargaining Agreement (“the Agreement”); and the CityCouncil has been briefed on the terms of the Agreement WHEREAS, andauthorized the City negotiating team to tentatively agree to it; and , the WPA ratified the Agreement at its membership meeting on WHEREAS October 2, 2014; NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: That the Agreement tentatively agreed to by the parties and Section 1. ratified by the WPA membership is attached to this Resolution as Exhibit “A.” That the City Administrator is authorized to execute the Section 2. Agreement on behalf of the City once it is in an approved final form. Approved as to form: City AttorneyDate Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Council Bill No. 2971 Page 1- Resolution No. 2055 26 Filed in the Office of the Recorder ATTEST: Heather Pierson,City Recorder City of Woodburn, Oregon Council Bill No. 2971 Page 2- Resolution No. 2055 27 Exhibit A Page 1 of 64 28 Exhibit A Page 2 of 64 29 Exhibit A Page 3 of 64 30 Exhibit A Page 4 of 64 31 Exhibit A Page 5 of 64 32 Exhibit A Page 6 of 64 33 Exhibit A Page 7 of 64 34 Exhibit A Page 8 of 64 35 Exhibit A Page 9 of 64 36 Exhibit A Page 10 of 64 37 Exhibit A Page 11 of 64 38 Exhibit A Page 12 of 64 39 Exhibit A Page 13 of 64 40 Exhibit A Page 14 of 64 41 Exhibit A Page 15 of 64 42 Exhibit A Page 16 of 64 43 Exhibit A Page 17 of 64 44 Exhibit A Page 18 of 64 45 Exhibit A Page 19 of 64 46 Exhibit A Page 20 of 64 47 Exhibit A Page 21 of 64 48 Exhibit A Page 22 of 64 49 Exhibit A Page 23 of 64 50 Exhibit A Page 24 of 64 51 Exhibit A Page 25 of 64 52 Exhibit A Page 26 of 64 53 Exhibit A Page 27 of 64 54 Exhibit A Page 28 of 64 55 Exhibit A Page 29 of 64 56 Exhibit A Page 30 of 64 57 Exhibit A Page 31 of 64 58 Exhibit A Page 32 of 64 59 Exhibit A Page 33 of 64 60 Exhibit A Page 34 of 64 61 Exhibit A Page 35 of 64 62 Exhibit A Page 36 of 64 63 Exhibit A Page 37 of 64 64 Exhibit A Page 38 of 64 65 Exhibit A Page 39 of 64 66 Exhibit A Page 40 of 64 67 Exhibit A Page 41 of 64 68 Exhibit A Page 42 of 64 69 Exhibit A Page 43 of 64 70 Exhibit A Page 44 of 64 71 Exhibit A Page 45 of 64 72 Exhibit A Page 46 of 64 73 Exhibit A Page 47 of 64 74 Exhibit A Page 48 of 64 75 Exhibit A Page 49 of 64 76 Exhibit A Page 50 of 64 77 Exhibit A Page 51 of 64 78 Exhibit A Page 52 of 64 79 Exhibit A Page 53 of 64 80 Exhibit A Page 54 of 64 81 Exhibit A Page 55 of 64 82 Exhibit A Page 56 of 64 83 Exhibit A Page 57 of 64 84 Exhibit A Page 58 of 64 85 Exhibit A Page 59 of 64 86 Exhibit A Page 60 of 64 87 Exhibit A Page 61 of 64 88 Exhibit A Page 62 of 64 89 Exhibit A Page 63 of 64 90 Exhibit A Page 64 of 64 91 Agenda Item October 13, 2014 TO:Mayor and City Council through City Administrator FROM:Scott D. Russell, Chief of Police SUBJECT: Acceptance of 2014 COPS Police Officers Funding Grant RECOMMENDATION: City Council authorizestaff to accept the grantfor a School ResourceOfficer Positionunder the 2014COPS Hiring GrantProgram. BACKGROUND: The ability of the Woodburn Police Department to staff and maintain Police Officer positions iscrucial to the Department's ability to provide timely and effective service to the citizens of The City of Woodburn. Staffing levels are a perennial topic of discussion as we see increased population and commensurate levels of crime. However, additional staff is expensive, takes large amounts of training and supervision time at the front end, and therefore gains in service levels and crime reduction can take substantial time to materialize. For these reasons the Department has sought high levels of computerization, maintained a flat organization, and strategically deployed our resources inorder to maximize the number of officers on the street. Currently theDepartment maintains a level of 1.23officers per 1000 citizens, slightly off theaverage of 1.5 for the Western U.S. In the past we have utilized grant positionsto raise our staffing levels. Previous COPS (Community Oriented Policing ServicesOffice of the US Department of Justice) programs have proved beneficial for theCity of Woodburn including the COPS FAST grants of the 1990's which providedthree additional police officer positions. As well as the COPS in Schools grant, thisprovided our current SRO (School Resource Officer) position. All of these grantsprovided for three year funding followed by a requirement that the Citymaintain the position for atleast 12 months. Through careful planning andmanagement all of these positions were eventually absorbed into theDepartment's budget at the appropriate time and are maintained to this day. This process allowed for additional police services to be in place and operating well beforethe City had to begin paying for them. Agenda Item Review:City Administrator ___x___City Attorney ___x___Finance ___x__ 92 Mayor and City Council October 13, 2014 Page 2 DISCUSSION: In May of2014the US DOJ Office of Community Oriented Policing Services (COPS)opened their 2014competitive grants process for the COPS Hiring Program and per the Woodburn City Council’s direction staff made application. On September 28, 2014 the COPS office advised that the City of Woodburn’s grant proposal was successful and that a grant would be awarded for an SRO officerposition. There is a 25%local match required and, the funding will be based on current entry level salary andbenefits of the grantee agency. The grantwill pay for 75% of the entry levelsalary and benefits for 36 months (to a maximum of $125,000 see financial impact below) for newly hired, full time, sworn, law enforcement officer positions. All such hired positions must be retained for aminimum of 12 months after the conclusion of the grant. The Department has for many years maintaineda very successful School Resource Officer (SRO) position in cooperation with the Woodburn School District at Woodburn High School. Due to its success there has been an ongoing request for an additional SRO position to serve the middle schools from school staff, parents, and WPD staff. The benefits of the SRO position are manifold and could be of significant assistance to our middle schools as well. The Woodburn School District leadership has indicated that theyare insupportof such an application, and will participate with us in implementing the grant. FINANCIAL IMPACT: In year one the grant will provide approximately $60,000towards the position and the City's share will be about $20,000.In year two the grant willagain provide $60,000towards the position and due tothe agreement with the WPA and projected health insurance costs the City'sshare will be approximately $27,000. In year three the grant will only provide $5,000towards the position (because of the $125,000 limit on the grant) and dueto the agreement with the WPA and projected health insurance costs the City'sshare will be approximately $ 90,000. Over the three year grant period the COPS Office will have provided a total ofapproximately $125,000towards the position and the City of Woodburn will have provided atotal of about $137,000. For the fourth year the City’s cost to absorb the position would be approximately $94,000. 93