August 14, 2017 Agenda FIGLEY,MAYOR
HRYN
CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1
LISA ELLSWORTH,COUNCILOR WARD II
CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III
SHARON SCHAUB,COUNCILOR WARD IV
FRANK LONERGAN,COUNCILOR WARD V
AUGUST 14, 2017 - 7.00 P.M. ERIC MORRIS,COUNCILOR WARD VI
CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET
1. CALL TO ORDER AND FLAG SALUTE
2. ROLL CALL
3. ANNOUNCEMENTS AND APPOINTMENTS
Announcements:
A. City Hall will be closed August 21, 2017 and the Library will be open
from noon to 5:00 p.m. Public Safety Services will still be available.
B. The City Council meeting scheduled for August 28, 2017 has been
cancelled. The next Council meeting will take place September 11,
2017.
C. City Hall, the Library and transit service will be closed September 4,
2017 in observance of Labor Day. The Aquatic Center will be open
normal hours.
Appointments:
None
4. COMMUNITY/GOVERNMENT ORGANIZATIONS
None
5. PROCLAMATIONS/PRESENTATIONS
Proclamations:
None.
Presentations:
None.
6. COMMUNICATIONS
None.
This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980-
6318 at least 24 hours prior to this meeting.
**Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo.
Comunfquese al (503) 980-2485.**
August 14, 2017 Council Agenda Page i
7. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council
consideration not already scheduled on the agenda.
8. CONSENT AGENDA - Items listed on the consent agenda are considered routine
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 July 24, 2017 1
Recommended Action: Approve the minutes.
B. Woodburn Planning Commission minutes of April 27, 2017 3
Recommended Action: Accept the minutes.
C. Liquor License/Change of Ownership Application of the 7-Eleven 9
#17416C.
Recommended Action:The Woodburn City Council recommends that
the OLCC approve the change of ownership of the 7-Eleven #17416C.
D. Liquor License Application for EI Torito Meat Market, I.I.C. 11
Recommended Action: The Woodburn City Council recommends
that the OLCC approve the Liquor License Application for EI Torito
Meat Market, LLC.
E. Crime Statistics through June 2017 13
Recommended Action: Receive the report.
F. Building Activity through July 2017 18
Recommended Action: Receive the report.
9. TABLED BUSINESS
None.
10. PUBLIC HEARINGS
None.
11. GENERAL BUSINESS-Members of the public wishing to comment on items of general
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. 3038 - A Resolution Authorizing Execution of a 19
Collective Bargaining Agreement Between the City Of Woodburn and
the American Federation of State, County, and Municipal Employees
(AFSCME) Local 642 for a Contract Beginning July 1, 2017 and Ending
June 30, 2019
August 14, 2017 Council Agenda Page ii
Recommended Action: Adopt the attached Resolution authorizing
execution of a new Collective Bargaining Agreement with AFSCME
Local 642. By the time of the City Council meeting it is anticipated that
the AFSCME membership will have ratified this Agreement.
B. Council Bill No. 3039 - A Resolution Granting Consent of the City of 60
Woodburn to a Change of Control Transaction Involving Wavedivision
VII, LLC
Recommended Action: Adopt the Resolution.
12. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are
Planning Commission or Administrative Land Use actions that may be called up
by the City Council.
A. Planning Commission Approval of a modification to a condition of 81
approval related to landscaping for the Washington Elementary
School (CU 2017-03)
Recommended Action: No action is recommended. This item is
placed before the Council for informational purposes, in compliance
with the Woodburn Development Ordinance Section 4.02.02. The
Council may call up this item for review if desired.
13. CITY ADMINISTRATOR'S REPORT
14. MAYOR AND COUNCIL REPORTS
15. ADJOURNMENT
August 14, 2017 Council Agenda Page iii
COUNCIL MEETING MINUTES
JULY 24, 2017
0:00 DATE CENTENNIAL PARK, 900 PARR RD, CITY OF WOODBURN, COUNTY
OF MARION, STATE OF OREGON, JULY 24, 2017
CONVENED The meeting convened at 6:02 p.m. with Mayor Figley presiding.
ROLL CALL
Mayor Figley Present
Councilor Carney Absent
Councilor Lonergan Absent
Councilor Schaub Present
Councilor Morris Present -7:20
Councilor Ellsworth Present
Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City
Administrator Row, Police Chief Ferraris, Interim Public Works Director Liljequist,
Economic Development Director Johnk, Human Resources Director Gregg, Finance Director
Montoya,Community Development Director Kerr,Community Relations Manager Gutierrez-
Gomez, City Recorder Pierson
ANNOUNCEMENT
Woodburn Fiesta Mexicana will take place August 4-6 at Legion Park.
SWEARING IN CEREMONY
New police officer Jorge Miranda-Garcia was sworn in by Police Chief Ferraris.
PROCLAMATIONS:
Mayor Figley read a proclamation declaring August 1st, 2017 as "National Night Out" and
another proclamation declaring July 24, 2017 as Community Volunteers Day.
PRESENTATIONS
Mayor Figley recognized Ann Albright, Ray Albright,Patricia Hyatt, Dagmar Kinne, Bonnie
DePriest, Cindy Thomas, Tamara Morris, Judy Marquez, Dave Ellington, Katelynn
Hedgecoke, Jean Fulton, Shirley Gaye, and Paul Iverson for their volunteer work on the
Musuem Committee.
Todd Mayberry, Oregon Heritage Commission Coordinator and Matias Trejo De Dios,
Commissioner, announced that the Woodburn Fiesta Mexicana has been officially named an
Oregon Heritage Tradition by the Oregon Heritage Commission.
RECESS
Mayor Figley called for a recess at 6:28
City Council reconvened at 7:22 to complete the business portion of the meeting.
APPOINTMENTS AND OATH OF OFFICE
Ellsworth/Schaub... accept appointment of Juan Serratos (Wardl). The motion passed
Page 1 - Council Meeting Minutes, July 24, 2017
1
COUNCIL MEETING MINUTES
JULY 24, 2017
unanimously. City Recorder Pierson administered the Oath of Office to Juan Serratos
(Wardl).
CONSENT AGENDA
A. Woodburn City Council minutes of June 26, 2017,
B. Building Activity for June 2017,
C. Deferred Compensation Contract Clarification.
Ellsworth/Morris... adopt the Consent Agenda. The motion passed unanimously.
COUNCIL BILL NO. 3037 - A RESOLUTION AWARDING A SOLE SOURCE
CONTRACT TO XYLEM WATER SOLUTIONS USA, INC. FOR THE PURCHASE
OF TWO FLYGT PUMPS FOR THE REPLACEMENT OF MILL CREEK PUMP
STATION PUMP#1 AND PUMP#3,AND ADOPTING FINDINGS
Schaub introduced Council Bill No. 3037. Mayor Figley read the bill by title only since there
were no objections from the Council. On roll call vote for final passage, the bill passed
unanimously. Mayor Figley declared Council Bill No. 3037 duly passed.
INTERGOVERNMENTAL AGREEMENT FOR CITY OF WOODBURN
TRANSPORTATION SYSTEM PLAN UPDATE
Schaub/Morris... Authorize the City Administrator to sign the Intergovernmental Agreement
("IGA")with the Oregon Department of Transportation ("ODOT")that finalizes the terms of
the transportation and growth management ("TGM") Grant Agreement No. 32111. This
agreement represents the first step in updating the City's Transportation System Plan("TSP").
The motion passed unanimously.
ADJOURNMENT
Morris/Ellsworth... meeting be adjourned. The motion passed unanimously.
The meeting adjourned at 7:28 p.m.
APPROVED
KATHRYN FIGLEY, MAYOR
ATTEST
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 - Council Meeting Minutes, July 24, 2017
2
WOODBURN PLANNING COMMISSION PUBLIC
HEARING/MEETING MINUTES
April 27, 2017
CONVENED: The Planning Commission met in a public meeting session at
7 p.m. in the City Hall Council Chambers, with Chair Charles Piper
presiding.
ROLL CALL:
Chair Pi r Present
Vice-Chair Corning Present
Commissioner Aiken Present
Commissioner Ramirez Present
Commissioner Comer Present
Commissioner Dos Reis Present
Commissioner Lassen Present
Staff Present: Chris Kerr Community Development Director
Kate Foster, Associate Planner
McKenzie Granum, Assistant City Attorney
Introduction
Chair Piper opened the workshop/meeting at 7 pm, and led the Commissioners
in the flag salute.
Minutes
The January 12, 2017 minutes were unanimously approved..
Business from the Audience
None
Communication
None
Workshop—
Chris Kerr, Community Development Director, discussed the LA 2017-01 WDO
amendments and introduced John Morgan, a consultant who will be assisting
with some code amendments, going forward. These amendments are shortened
regulatory amendments that will hopefully be put in place this summer. Our code
requires the City Council, via resolution, to enact a specific code amendment
process. The Planning Commission and staff can make recommendations, but it
is up to Council to initiate and complete the process. Chris will present a draft of
various "areas of concern" that he has come across in the last four months,
ranging from distilling complicated verbiage to larger policy issues, such as food
3
carts and accessory dwelling units (ADU's).
Issue #1: Chris led a discussion about the requirement for all nonconforming
signs to be brought into compliance with Section 3.10 by July 1, 2023, noting the
vast amount of work involved to find out which signs are still nonconforming and
to notify all owners, as well as enforce compliance.
Commissioner Piper said that the WDO has been reworked twice during his
tenure here and that although the July 1, 2023 date was agreed on, how to
resolve the issues arising from that deadline was not.
John Morgan said that two possible solutions that were used in Keizer would be
to notify the owners a year in advance of the upcoming sign compliance date and
have the City do a dollar-for-dollar match for costs incurred in bringing signs into
compliance.
Issue #2: Chris brought up the issue of landscaping/planting/screening and the
recurring issue of a buffer. A buffer is defined as landscaping or screening
between uses of different character. It is important to determine what the intent
was in formulating the present WDO regulations for a buffer yard in landscape
requirements. Table 3.06D wraps all screening requirements between uses and
zones and whether you have to have a fence, wall, or hedge. The table has a
few issues which need to be resolved.
Issue #3: Chris discussed the way Planning staff review and decide setbacks on
flag lots.
Issue #4: The WDO does not specifically allow outdoor eating areas in
commercial areas, except in the DDC.
Issue#5: Food carts vs. mobile food services is another issue, although Chris is
not sure if Woodburn wants to tackle this issue — it may fall off the list of
amendments. But he wants the Planning Commission to be aware that mobile
food services are allowed as "a vehicle, trailer, or wagon used for the preparation
and/or sale of food and/or beverages" only in industrial districts now. A food cart
pod is presently being developed in the industrial district.
Issue #6: Planning staff are spending excessive time on accessory structures,
fences and lot coverage. The 40% lot coverage we apply includes accessory
structures and then there is a 25% additional lot coverage calculation for
accessory structures. That overlap can be very confusing and difficult to
measure. Chris wants the Planning Commission and Council to revisit this issue.
Commissioner Piper noted that the Commission spent a lot of time on accessory
structures last year; they were not able to come up with these percentages or a
real defined way to go for allowances. In his mind, the Code will simply deal with
2
4
these accessory structures in terms of setbacks and coverage standards.
Chris said that what neighbors care about is redevelopment on existing lots. A
new development is likely to be less contentious than accessory buildings, etc.
being erected on already developed lots. John Morgan is well versed in these
kinds of issues, particularly in smaller cities.
Issue #7: Public/Semi-Public zone wording implies that public schools are
allowed, but Chris wants to require further specificity.
Issue #8: Further clarity is required in regards to the MUV designation. Is it
permitted in the DDC downtown area? Is housing allowed on top of store fronts?
Issue #9: Are there parking standards in the DDC?
Issue #10: Chris wants to clarify the process regarding how staff breaks up Type
I through 4 Design Reviews for site plan reviews. Type I's are the almost over-
the-counter staff decisions. As projects get more complex and there is more
subjective criteria to be evaluated, applications may move up the ladder to Types
2, 3 and 4, eventually coming before the Commission.
Issue #11: Significant tree removal wording contains a provision that causes
some concern. There should be a review of the provision that prohibits approval
of a permit between November 1 and May 1 to allow for inspection of deciduous
trees only when fully leafed. Arborists can tell if a tree is dead or not, even in the
winter.
Issue #12: Our code has different requirements in different zoning districts for
rooftop screening. The building and planning departments have to enforce this
language. The words "should" and "shall" need to be reviewed in this section of
the code.
Commissioner Piper noted that existing buildings have a hard time meeting the
screening code, which impact owners both physically and financially and which
was probably not the intent of the Code.
Commissioner Comer was surprised to see the comment on screening satellite
dishes, since they're on buildings all over town.
Issue #13: There are various ways to measure a vision clearance area and Chris
would like to revisit that.
Issue #14: The Redemption Center Bottle Drop facility for recycling illustrates a
new use that needs to be reflected in the Code, using a redemption center
definition to accommodate this. Codes need to be updated from time to time to
reflect the new uses.
3
5
Issue #15: Fence language in the WDO needs a minor clarification showing that
our commercial fence standards are not the same as residential standards.
Issue #16: Required right-of-way improvement is a big issue. It may not be
accomplished quickly, but Chris wants the City to understand how we treat
development applications when they come in.
Issue #17 — The WDO has restrictive lighting requirements for non-residential
uses. Our Code language came from dark sky requirements and it has been
discovered that the majority of applicants far exceed these numbers. An accurate
method of measuring light is necessary, along with the tools and training to truly
measure illumination off-site.
Commissioner Comer asked how staff was able to measure the light from the
Company Stores last year, when feedback came that the electronic reader board
was too bright. Kate explained that signs have different measurements and that
she used a luminance meter to measure it as the images and colors changed.
Issue #18: Alleyways are an issue. Vehicular access directly onto a public street
is prohibited and alley access to garages facing the alley is required for anything
other than standard single family development. The intent of the nodal district is
to allow more varieties of housing. The code says you have to have an alley.
However, Public Works has no standards for it and the Fire Department doesn't
like alleyways because they are too narrow, so further discussion regarding
length, width, public or private and what standards should be upheld are needed
discussions.
Issue #19: Weather protection on commercial buildings needs clear and
objective standards in the Code. All building faces abutting a street or a public
parking area should provide weather protection for pedestrians. The Code
seems to imply you need a continuous canopy 8' wide around the whole face of
the building, though this may not have been the intended effect.
Issue #21: Chris would like to take refund requirements out of the WDO. Staff
does a tremendous amount of preliminary work before an application is
considered complete. In the event that an applicant decides to withdraw their
application rather than complete it, they can presently request and receive a full
refund.
Item #22: Setbacks for medium residential are excessive for multi-family
buildings.
Item #23: Pre-application conferences are advisory in nature and at present,
voluntary (unless it's an annexation). Until recently, applicants were not charged
for this service. Since applications coming in are often complex, they really need
4
6
a pre-application conference. We should strongly encourage pre-application
conferences for complex projects.
Item #24: Color and how it is measured in architectural design standards needs
to be further addressed.
McKenzie Granum, Assistant City Attorney, noted that often when subjective or
vague language is used in the Code, the City is more likely respond to
complaints from a conservative standpoint. A strenuous City response to
subjective or vague language can drain City resources and may not be supported
by the courts.
Accessory dwelling units (ADU's) were extensively discussed in the Commission
last spring during a Planning Commission meeting, but are currently prohibited.
Since ADU's is going to be a big issue legislatively, the City may want to
re-explore the issue in the future.
Chris asked the Commission if they would be interested in meeting at a different
time, due to staffing overtime concerns. The feedback from the Commission was
unanimous. They wish to keep meeting at the same time.
The next Planning Commission meeting has not been scheduled.
Business from the Commission:
Woodland Crossing, 1299 N. Pacific Avenue, and the Gatch St. church projects
are upcoming. McDonald's on Newberg Highway is being demo'd and rebuilt.
The Specht project and Smith projects have not been submitted yet, but
discussions continue. The Association Building has poured concrete flooring.
The first two stores opened at Woodburn Station — Starbucks and Chipotle.
There are five building pads and the second one has submitted building permits.
A monthly summary will likely start next month for upcoming PC items, as well as
pending development projects not going to Commission, just so they can be
aware.
Chris will e-mail the Commission when any applications are formally submitted,
so that Commissioners can be aware of ex parte contact.
5
7
Adjournment
Chair Piper moved to adj'o rn the meeting and the motion passed unanimously.
The meeting was adjour at 8: pm.
APPROVED
Charlie- p r, h ,r,,° Date
ATTEST l
Chris bat6
Community Development irector
City of Woodburn, Oregon
6
8
�'I'1 r I Iii♦ r}
B V'
August 14, 2017
TO: Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM: Martin Pilcher, Lieutenant
SUBJECT: Liquor License/Change of Ownership Application
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve the change
of ownership of the 7-Eleven #17416C.
BACKGROUND:
Applicant: BZO Woodburn
893 N. Pacific Hwy.
Woodburn, Oregon 97071
503 981-4774
Point of
Contact: Ryan Wolfe (Manager)
18194 SW Moore St.
Aloha, Oregon 97003
503 330-2077
Business: 7-Eleven #17416C
893 N. Pacific Hwy.
Woodburn, Oregon 97071
503 981-4774
Owners: Donald Zeleznik, President
Gregory Beary, Secretary/Treasurer
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
9
Honorable Mayor and City Council
August 14, 2017
Page 2
License Type: Change of Ownership, Off-Premise Sales - Permits beer, wine,
cider sales and liquor for off-site consumption only.
On Julyl4, 2017, the Woodburn Police Department received a change of
ownership application for an Off-Premise Sales liquor license for 7-Eleven
#17416C. This is a currently licensed store selling food and beer.
7-Eleven #17416C is located at 893 N. Pacific Hwy, Woodburn, Oregon 97071 .
The hours of operation are 24 hours a day, seven days a week. The
establishment provides no entertainment, nor does it have seating inside or
outside. The Police Department has not received any communication from the
public or surrounding businesses in support of or against the proposed change.
DISCUSSION:
The Police Department has completed a background investigation in
connection with the OLCC on the applicants and found nothing of a
questionable nature to preclude the issuance of this license.
FINANCIAL IMPACT:
None
10
�'I'1 r I Iii♦ r}
B V'
August 14, 2017
TO: Honorable Mayor and City Council through City Administrator
THRU: James C. Ferraris, Chief of Police
FROM: Martin Pilcher, Lieutenant
SUBJECT: Liquor License Application
RECOMMENDATION:
The Woodburn City Council recommends that the OLCC approve the Liquor
License Application for EI Torito Meat Market, LLC.
BACKGROUND:
Applicant: EI Torito Meat Market, LLC.
1032 N. Pacific Hwy.
Woodburn, Oregon 97071
503 981-7361
Point of
Contact: Liliana Perez
3043 Eagle Ridge Dr.
Salem, Oregon 97304
503 801-4670
Business: EI Torito Meat Market
1032 N. Pacific Hwy.
Woodburn, Oregon 97071
503 981-7361
Owners: Alfredo Mendez
Liliana Perez
Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x_
11
Honorable Mayor and City Council
August 14, 2017
Page 2
License Type: New Outlet, Full On-Premise Sales/Off-Premises Sales Permits
beer, wine, cider sales and liquor for on premise consumption only.
On July 19, 2017, the Woodburn Police Department received an application for
Full On-Premise/Off-Premises Sales liquor license for EI Torito Meat Market LLC.
This is a restaurant which contains a bakery, kitchen and seating for 50 patrons.
The restaurant sells food for consumption during all hours of operation.
The EI Torito Meat Market is located at 1032 N. Pacific Hwy. Woodburn, Oregon
97071 . The hours of operation are from 9:00 A.M. to 10:00 P.M. Monday through
Sunday. The restaurant has no entertainment nor accommodation for outside
seating. The Police Department has not received any communication from the
public or surrounding businesses in support of or against the proposed change.
DISCUSSION:
The Police Department has completed a background investigation in
connection with the OLCC on the applicants and found nothing of a
questionable nature to preclude the issuance of this license.
FINANCIAL IMPACT:
None
12
7/20/2017 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2017 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Total
AGGRAVATED ASSAULT 2 4 1 3 5 11 26
ANIMAL CRUELTY 0 1 0 0 0 0 1
ANIMAL ORDINANCES 0 0 1 2 0 2
ASSAULT SIMPLE 10 5 13 10 12 7 57
ATTEMPTED MURDER 1 0 0 0 0 0 1
BURGLARY- BUSINESS 0 1 2 0 2 0
BURGLARY-OTHER STRUCTURE 0 1 1 2 0 0
BURGLARY- RESIDENCE 0 5 3 1 1 5 1
CHILD NEGLECT 0 1 1 0 0 1 3
CITY ORDINANCE 0 0 0 0 0 1 1
CRIME DAMAGE-NO VANDALISM OR ARSON 3 6 6 6 4 3 28
CURFEW 0 0 1 0 0 0 1
CUSTODY- DETOX 0 0 0 1 0 0 1
CUSTODY- MENTAL 0 5 3 6 4 5 23
DISORDERLY CONDUCT 7 33 4 11 10 1 66
DRIVING UNDER INFLUENCE 7 2 9 6 6 5 3
DRUG LAW VIOLATIONS 10 12 16 14 12 12 76
DWS/REVOKED-MISDEMEANOR 1 2 0 4 4 1 12
ELUDE 1 4 1 0 1 1 8
ESCAPE FROM YOUR CUSTODY 2 0 0 0 0 0 2
FAIL TO DISPLAY OPERATORS LICENSE 0 1 2 0 0 1
FORCIBLE RAPE 0 0 1 0 0 0 1
FRAUD -CREDIT CARD/AUTOMATIC TELLER MACHINE 1 0 1 0 0 0 2
FRAUD -OF SERVICES/FALSE PRETENSES 0 2 0 0 0 0 2
FUGITIVE ARREST FOR ANOTHER AGENCY 35 26 39 49 38 26 213
FURNISHING 0 0 0 0 2 0 2
GARBAGE LITTERING 1 0 0 0 0 0 1
HIT AND RUN FELONY 0 0 0 1 0 1 2
HIT AND RUN-MISDEMEANOR 1 2 4 2 1 4 1
IDENTITY THEFT 1 0 0 0 0 0 1
INTIMIDATION /OTHER CRIMINAL THREAT 2 6 3 7 4 5 27
KIDNAP -HOSTAGE/SHIELD OR REMOVAL/DELAY WITN 0 0 0 0 1 0 1
MINOR IN POSSESSION 1 5 0 0 3 1 10
MOTOR VEHICLE THEFT 2 1 3 3 3 1 13
OTHER 5 5 7 5 2 0 2
PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 1 0 0 1
RECKLESS DRIVING 2 1 5 2 4 3 17
RECKLESSLY ENDANDERING 2 2 3 1 2 1 11
RESTRAINING ORDER VIOLATION 0 1 1 1 2 0
ROBBERY- BUSINESS 6 0 0 0 0 0 6
ROBBERY-OTHER 0 0 0 0 4 4 8
ROBBERY- RESIDENCE 0 0 1 0 0 0 1
RUNAWAY 1 0 1 0 0 3
EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 0 0 0 2 0 2
EX CRIME -EXPOSER 0 0 0 0 1 0 1
EX CRIME -FORCIBLE SODOMY 0 0 1 0 0 0 1
EX CRIME -INCEST 0 0 3 0 0 0 3
EX CRIME -MOLEST(PHYSICAL) 1 0 1 0 0 0 2
EX CRIME -NON-FORCE RAPE 0 0 1 0 0 0 1
EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 0 0 2 0 2
EX CRIME -SEXUAL ASSAULT WITH AN OBJECT 0 0 1 0 0 0 1
TALKER 0 0 1 0 0 0 1
TOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 4 0 0 0 0 01 4
HEFT- BUILDING I 0 2 3 1 01 31 9
Page 1 of 2
13
7/20/2017 Woodburn Police Department
MONTHLY ARRESTS BY OFFENSES
2017 Year to Date
an Feb Mar Apr May Jun Total
HEFT- FROM MOTOR VEHICLE 11 0 2 0 4 0 7
HEFT-OTHER 2 2 3 3 4 1 1
HEFT- PURSE SNATCH 3 2 0 0 0 0
HEFT-SHOPLIFT 11 2 4 4 4 2 27
TRAFFIC VIOLATIONS 4 7 12 12 10 21 66
TRESPASS 6 11 8 7 6 8 46
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 0 4 1 1 2 1 9
VANDALISM 0 4 1 1 3 4 13
EHICLE RECOVERD FOR OTHER AGENCY 0 2 1 0 0 0 3
EAPON -CARRY CONCEALED 0 0 2 0 1 01 3
EAPON -EX FELON IN POSSESSION 2 0 2 0 0 0
EAPON -POSSESS ILLEGAL 2 7 1 1 1 4 16
WEAPON -SHOOTING IN PROHIBITED AREA 2 0 0 0 0 0 2
Jan Feb Mar Apr May Jun Total
2017 Total 142 177 181 168 167 149 984
2016 Total 140 108 144 144 156 141 833
2015 Total 206 157 155 187 166 249 1120
Arrests/Year
1200
1000
800
U)
GN`1 600
Q
400
200
0
2015 2016 2017
Year
Page 2 of 2
14
7/20/2017 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2017 Year to Date
CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Total
AGGRAVATED ASSAULT 3 5 1 7 4 11 31
ANIMAL CRUELTY 0 1 0 0 0 0 1
ANIMAL ORDINANCES 1 0 1 2 0 3 7
ARSON 0 0 1 0 2 0 3
ASSAULT SIMPLE 16 8 15 15 18 15 87
ATTEMPTED MURDER 1 0 0 0 0 0 1
BURGLARY- BUSINESS 5 2 7 6 6 5 31
BURGLARY-OTHER STRUCTURE 2 5 4 1 2 1 1
BURGLARY- RESIDENCE 4 4 5 6 5 4 28
CHILD NEGLECT 1 1 1 1 2 1 7
CITY ORDINANCE 0 1 0 0 0 2 3
COMPUTER CRIME 0 0 0 2 0 1 3
CRIME DAMAGE-NO VANDALISM OR ARSON 18 17 23 17 14 11 100
CRIMINAL MISTREATMENT 0 2 2 1 0 0
CURFEW 0 0 1 0 0 0 1
CUSTODY- DETOX 0 0 0 1 0 0 1
CUSTODY- MENTAL 1 6 3 6 4 5 2
DISORDERLY CONDUCT 7 11 10 13 14 6 61
DRINKING IN PUBLIC 0 0 0 0 0 1 1
DRIVING UNDER INFLUENCE 7 2 9 6 5 5 3
DRUG LAW VIOLATIONS 11 14 16 14 13 12 80
DWS/REVOKED- FELONY 1 0 0 0 0 0 1
DWS/REVOKED-MISDEMEANOR 1 2 0 4 4 1 12
ELUDE 4 7 1 1 1 3 17
EMBEZZLEMENT 0 0 0 1 0 0 1
ESCAPE FROM YOUR CUSTODY 1 0 0 0 0 0 1
FAIL TO DISPLAY OPERATORS LICENSE 0 1 2 0 0 1
FAILURE TO REGISTER AS SEX OFFENDER 0 1 0 0 0 0 1
FAMILY-OTHER 0 0 0 1 0 0 1
FORCIBLE RAPE 1 0 3 1 0 0
FORGERY/COUNTERFEITING 5 4 7 5 6 8 3
FRAUD-ACCOUNT CLOSED CHECK 2 0 0 0 2 1
FRAUD- BY DECEPTION/FALSE PRETENSES 3 3 3 5 3 2 19
FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 1 4 3 3 3 7 21
FRAUD- OF SERVICES/FALSE PRETENSES 1 3 0 2 0 2 8
FUGITIVE ARREST FOR ANOTHER AGENCY 30 22 31 32 29 22 166
FURNISHING 0 0 0 0 1 0 1
GARBAGE LITTERING 1 0 0 0 0 1 2
HIT AND RUN FELONY 1 1 0 2 0 1
HIT AND RUN-MISDEMEANOR 20 11 16 3 11 11 72
IDENTITY THEFT 5 6 4 7 6 7 3
INTIMIDATION /OTHER CRIMINAL THREAT 4 8 6 10 7 8 43
KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 0 0 0 1 0 0 1
KIDNAP - HOSTAGE/SHIELD OR REMOVAL/DELAY WITNE 0 0 0 0 1 0 1
MINOR IN POSSESSION 1 4 0 0 1 1 7
MISCELLANEOUS 15 11 10 10 22 14 82
MOTOR VEHICLE THEFT 18 14 15 7 17 9 80
NON CRIMINAL DOMESTIC DISTURBANCE 17 10 12 10 6 13 68
OTHER 8 5 7 6 2 1 29
PROPERTY- FOUND LOST MISLAID 2 2 1 1 0 5 11
PROPERTY RECOVER FOR OTHER AGENCY 1 1 0 0 2 2 6
RECKLESS DRIVING 2 2 6 3 3 3 19
RESTRAINING ORDER VIOLATION 0 2 5 1 2 0 10
ROBBERY- BUSINESS 4 0 1 0 0 0
ROBBERY- OTHER 1 1 1 1 3 1 8
ROBBERY- RESIDENCE 0 1 0 01 01 01 1
RUNAWAY 01 41 41 31 61 51 22
Page 1 of 2 15
7/20/2017 Woodburn Police Department
MONTHLY CRIMINAL OFFENSES
2017 Year to Date
Jan IFeb Mar Apr May Jun Total
SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 1 0 0 0 1 1 3
SEX CRIME - EXPOSER 0 0 0 0 2 0 2
SEX CRIME - FORCIBLE SODOMY 1 0 2 0 0 0 3
SEX CRIME - INCEST 0 0 2 0 0 0 2
SEX CRIME - MOLEST (PHYSICAL) 2 2 5 3 4 0 16
SEX CRIME - NON-FORCE RAPE 1 0 0 1 1 0 3
SEX CRIME - OBSCENE PHONE CALL 1 0 0 0 0 0 1
SEX CRIME - OTHER 0 1 1 1 0 0 3
SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 0 0 0 0 1
SEX CRIME - SEXUAL ASSAULT WITH AN OBJECT 0 1 1 0 0 0 2
STALKER 0 0 2 0 0 0 2
STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 4 1 0 0 0 2 7
SUICIDE 0 1 0 0 0 0 1
HEFT- BICYCLE 0 2 2 0 1 1 6
HEFT- BUILDING 7 10 7 5 11 6 46
HEFT- COIN OP MACHINE 1 0 0 0 1 0 2
HEFT- FROM MOTOR VEHICLE 9 9 16 17 9 10 70
HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 1 0 0 1 1
HEFT- OTHER 20 15 8 25 24 22 114
HEFT- PICKPOCKET 0 0 0 1 0 2 3
HEFT- PURSE SNATCH 0 1 2 0 2 2 7
HEFT- SHOPLIFT 22 8 10 13 15 16 8
TRAFFIC VIOLATIONS 10 11 27 12 13 22 9
TRESPASS 6 6 7 7 8 5 39
UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 4 2 6 14 10 10 46
UNLAWFULLY BEING WHERE MINORS CONGREGATE 0 2 0 0 0 0 2
VANDALISM 30 56 32 18 24 23 183
VEHICLE RECOVERD FOR OTHER AGENCY 3 2 5 2 0 1 13
WEAPON -CARRY CONCEALED 0 0 2 0 1 0 3
WEAPON - EX FELON IN POSSESSION 1 0 2 0 0 0 3
WEAPON - POSSESS ILLEGAL 31 61 1 2 1 5 18
WEAPON -SHOOTING IN PROHIBITED AREA 11 11 01 0 1 1
Jan I Feb I Marl Apr IMayl Jun ITotal
2017 Total 1 3561 3471 3771 3391 3571 342 2,118
2016 Total 1 3001 2511 3171 2741 3631 27311
2015 Total 1 3571 2701 2711 3091 2901 35911
Offenses/Year
2400
2000
N 1800
W 1200
LL
0 800
400
0
2015 2016 2017
YEAR
Page 2 of 2 16
Woodburn Police Department
ORDINANCE VIOLATIONS
2017 Year to Date
7/20/2017
Ordinance Discription Jan Feb Mar Apr May Jun Total
Animal Complaint 29 22 24 30 61 39 205
Ordiinance -Abate/Nuisances 0 0 1 0 1 3 5
Ordinance -Abandoned Vehicles 18 18 29 75 64 72 276
Ordinance -Abate Graffiti 13 26 15 14 8 11 87
Ordinance - Land Use Violations 0 0 3 1 3 1 8
Ordinance -Oth Violation 34 60 104 57 68 73 396
Ordinance -Tall Grass 0 0 0 0 85 85 170
2017 Total 94 126 176 177 290 284 1,147
2016 Total 122 159 131 106 239 200 957
2015 Total 125 125 149 120 250 185 954
Ordinance Violations / Code Enforcement Officers
1200
1000
n
N
800
Z
O
F
600
3
O
> 400
zoo
o
2015 2016 2017
COMBINED TOTAL-CODE ENFORCEMENT OFFICERS
Ordinance Violations / Year
1200
1000
N
800
Z
O
Q 600
O
400
200
0
2015 2016 2017
YEAR TOTALS FOR ALL OFFICERS
1
17
CITY OF WOODBURN
Community Development Department
MEMORANDUM'
270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246
Date: August 9, 2017
To: Chris Kerr, Community Development Director
From: Building Division
Subject: Building Activity for July 2017
....._...._..__..... ...�................_........._._.._......._..............
_.............
........
w
2015 2016 2017
No. Dollar Amount No. Dollar Amount No. Dollar Amount
Single-Family Residential 4 $1,330,419 0 $0 0 $0
Multi-Family Residential �..�._ 0 ...............������........._._._._.mm$0 5 ....� ......__...�� .....w..m_
$109,053 0 $0
Assisted Living Facilities 0 $0 0 $0 0 $0
.......................... l Adds &Alts —. -----------
�w _.................... . .........
Residentia5 $54,221 3 $118,855 2 $11,000
.. ....................................................................... ....._............... r
Industrial 1 $20,000 1 $10,000 3 $217,500
_________..............
Commercial w 11 $301,038 7 �$ _....................�._ ...
641,829 5 $370,918
Signs and Fences 0 $0 0 $0 1 $25,000
Manufactured Homes 0 $0 0 _...................... .....$0 ...
0 $0
TOTALS 21 $1,705,678 $879,737 11 $624,418
_. ............._......_..... ......... ....... ... ._. ------------..._ _ .....
$1'7 _w
Fiscal Year to Date(July 1 — 05,678 $879,737 $624,418
June 0
3
..�__.�..� .,m��.-._���...........�_....�.�..........�......�..........�.�.�.�.�.�.�................�� ..---------
..........
._............... .d�.wddddddd�6666
.. __________________ .. ....... .. .. �.�......... �....
[:\Community Development\Building\Building Activity\B1dgAct-2017\B1dg Activity-Memos\memo-2017-7 July.doc
18
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Y 9M& Its
BU
Pri,e�arrt rr rf aA'!87
August 14, 2017
TO: Honorable Mayor and City Council
FROM: Scott Derickson, City Administrator
SUBJECT: Bargaining Agreement with AFSCME, Local 642
RECOMMENDATION:
Adopt the attached Resolution authorizing execution of a new Collective
Bargaining Agreement with AFSCME Local 642. By the time of the City Council
meeting it is anticipated that the AFSCME membership will have ratified this
Agreement.
BACKGROUND:
In April 2017, the City and AFSCME opened bargaining for the contract year
beginning on July 1, 2017. The Assistant City Attorney acted as the City's chief
negotiator, with HR Director, Mel Gregg, Assistant City Administrator, Jim Row,
and Wastewater Treatment Section Supervisor, Curtis Stultz, also serving on the
City's negotiating team. The City Administrator, City Attorney, and Finance
Director also played important supporting roles.
Numerous bargaining discussions were conducted and the parties reached
tentative agreement on July 14, 2017.
DISCUSSION:
Both the City and AFSCME bargaining teams engaged in a professional
bargaining process that was efficient and responsive to the economic and
operational realities of the City. Some highlights of the new Agreement include:
1 . Contract Term. A two-year term, effective July 1, 2017 - June 30, 2019.
2. Wages. An overhaul of the entire Wage Schedule as applied to AFSCME
positions for the 2017/2018 fiscal year; instead of a uniform percentage
increase for all positions, the new wage schedule implements targeted
competitive increases in wages for positions that have been historically
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x-
19
Honorable Mayor and City Council
August 14, 2017
Page 2
behind market rate averages of comparative jurisdictions. As a whole, the
City believes that the implementation of this new wage schedule will
allow it to be more competitive in its recruitment and retention of AFSCME
employees. In application, the new wage schedule will be effective and
retroactive to July 2, 2017. Effective July 1, 2018, the City shall increase the
wages of all AFSCME members by two percent (2%).
3. Insurance & Retirement Benefits. A cleanup of the insurance and benefits
article of the Agreement, with operational updates being incorporated as
they relate to: benefits paid by long-term disability insurance; City
contributions to employee's health savings accounts; pro-rata premium
cost-sharing for employees working 20-39 hours per week; and the
application of COBRA benefits for employees on authorized/protected
unpaid leave.
4. Medical Plan Premiums. The City maintained its current 85% - 15% cost-
sharing split for medical plan premiums. This may result in some cost
savings for the City where premiums for Kaiser medical and dental
insurance are expected to be lower than current rates for the 2018
calendar year.
5. Discipline & Discharge. The new Agreement clarifies the existing
disciplinary procedures. Also, an employee will now have the general
right to request that a written reprimand (the lowest form of discipline) be
removed from their personnel file after five years.
6. Substance Abuse. AFSCME initially sought modification of certain testing
procedures and standards under the substance abuse article as they
related to recreational marijuana. The Union ultimately withdrew this
proposal and the article remains unchanged within the Agreement.
7. Bilingual Certification Pay. In an ongoing effort to engage and recruit
employees that bring bilingual skills to the City (both Spanish and Russian),
the new Agreement modifies and updates the bilingual certification
article for the mutual benefit of both the City and AFSCME members. The
article clarifies and improves the bilingual certification testing procedure
while also providing an increase in the certification premium for
employees, which will now be, 3.5% for oral proficiency skills, and 5% for
employees demonstrating both oral and written proficiency skills.
8. Other Operational Components. Numerous operational matters, including
those pertaining to work hours, holidays, vacation, sick leave, other leave,
20
Honorable Mayor and City Council
August 14, 2017
Page 3
and grievances were addressed during bargaining. Most of the changes
made to the Agreement were technical in nature, with modifications
primarily made to clarify language or the intent of the contract or reduce
to writing past practices or changes in state or federal law.
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 the City remains competitive
among comparable jurisdictions and cities for recruitment and retention
purposes, while meeting the City Council's financial objectives that were set by
the current budget policies.
21
COUNCIL BILL NO. 3038
RESOLUTION NO. 2100
A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642 FOR A
CONTRACT BEGINNING JULY 1, 2017 AND ENDING JUNE 30, 2019
WHEREAS, the purpose of labor negotiations is to reach an agreement on
matters relating to wages, hours, working conditions, and fringe benefits for
certain represented employees; and
WHEREAS, the City of Woodburn (the "City") and the American Federation
of State, County, and Municipal Employees ("AFSCME") have engaged in a
number of good faith bargaining sessions in order to reach an understanding on
provisions to be included in a new Collective Bargaining Agreement (the
"Agreement"); and
WHEREAS, the City Council has been briefed on the terms of the Agreement
and authorized the City negotiating team to tentatively agree to it; and
WHEREAS, AFSCME ratified the Agreement through a mail-in ballot process
that concluded at 5 p.m. on August 10, 2017; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Agreement tentatively agreed to by the parties and
ratified by the AFSCME membership, attached to this Resolution as Exhibit A, is
approved.
Section 2. That the City Administrator is authorized to execute the
Agreement on behalf of the City.
Approved as to form:
City Attorney Date
Approved:
Kathryn Figley, Mayor
Page 1 - Council Bill No. 3038
Resolution No. 2100
22
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
Page 2- Council Bill No. 3038
Resolution No. 2100
23
Exhibit A
n
UDBUR,,,N
ilolulululululul� �OUB � ��pJl�)Dllli�lllV Vl�lululululol10
We Make America Happen+
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF WOODBURN
CITY OF WOODBURN LOCAL 642
AMERICAN FEDERATION OF STATE,COUNTY,AND MUNICIPAL EMPLOYEES AFL-CIO.
July 1,2017—June 30, 2019
PREAMBLE
This Agreement is entered into between the City of Woodburn, Oregon, hereinafter referred to as the
City, and the City of Woodburn Local 642, American Federation of State, County, and Municipal
Employees AFL-CIO, hereinafter referred to as the Union.The purpose of this Agreement is to set forth
the entire Agreement between the parties on matters relating to wages, hours,working conditions, and
fringe benefits.
24
Exhibit A
Table of Contents
Article1-Recognition...........................................................................................................................................4
1.1 Included Positions..............................................................................................................................................4
1.2 New Positions....................................................................................................................................................4
Article2-Union Rights .........................................................................................................................................4
2.1 Fair Share...........................................................................................................................................................4
2.2 Business Representatives..................................................................................................................................5
2.3 Stewards............................................................................................................................................................5
2.4 Bulletin Boards...................................................................................................................................................6
2.5 Contract Renewal..............................................................................................................................................6
2.6 Contract Distribution.........................................................................................................................................6
2.7 Addresses...........................................................................................................................................................6
Article 3-Non Discrimination&Anti-Harassment Policy......................................................................................6
Article4-Hours of Work.......................................................................................................................................7
4.1 General Provisions.............................................................................................................................................7
4.2 Work Day and Work Shift Rotation ...................................................................................................................7
4.3 Shift Assignment.................................................................................................................................................7
4.4 Work Schedule Flexibility..................................................................................................................................7
4.5 Part-Time Employees.........................................................................................................................................8
Article5-Holidays................................................................................................................................................8
5.1 Holidays Observed.............................................................................................................................................8
5.2 Holiday Pay........................................................................................................................................................8
5.3 Weekend Holidays..............................................................................................................................................9
Article6-Vacation................................................................................................................................................9
6.1 Vacation Accrual................................................................................................................................................9
6.2 Vacation Utilization .........................................................................................................................................10
6.3 Inclement Conditions .......................................................................................................................................10
6.4 Termination......................................................................................................................................................10
Article7-Sick Leave............................................................................................................................................11
7.1 Sick Leave Accrual............................................................................................................................................11
7.2 Sick Leave Utilization.......................................................................................................................................11
7.3 Sick Leave Limitations......................................................................................................................................11
7.4 FMLA/OFLA Sick Leave ....................................................................................................................................12
Article 8-Insurance and Retirement Benefits.....................................................................................................12
8.1 Long Term Disability("LTD") Insurance ........................................................................................................12
8.2 Medical/Dental/Vision Insurance....................................................................................................................12
8.3 Life Insurance...................................................................................................................................................13
8.4 Coverage During Leaves of Absence................................................................................................................14
8.5 Workers Compensation...................................................................................................................................14
8.6 Retirement.......................................................................................................................................................14
Article9-Premium Pay.......................................................................................................................................15
9.1 Overtime..........................................................................................................................................................15
9.2 Stand By...........................................................................................................................................................15
9.3 Acting in Capacity Pay......................................................................................................................................17
9.4 Professional Licenses.......................................................................................................................................17
Article 10-Rest Periods/Lunch Periods...............................................................................................................17
Article11-Leaves...............................................................................................................................................17
11.1 Bereavement Leave.......................................................................................................................................17
11.2 Witness/Jury Duty.........................................................................................................................................18
11.3 Military...........................................................................................................................................................18
11.4 Leave Without Pay.........................................................................................................................................18
11.5 Voting Leave..................................................................................................................................................18
Page 2 of 36
25
Exhibit A
Article12-Wages...............................................................................................................................................18
12.1 Wage Rates....................................................................................................................................................18
12.2 Pay Periods/Pay Days....................................................................................................................................19
Article 13-Discipline and Discharge...................................................................................................................19
13.1 Disciplinary Action.........................................................................................................................................19
13.2 Due Process...................................................................................................................................................20
13.3 Just Cause......................................................................................................................................................20
13.4 Confidentiality...............................................................................................................................................20
13.5 Probationary Employees................................................................................................................................20
Article14-Seniority............................................................................................................................................21
14.1 Definitions .....................................................................................................................................................21
14.2 Seniority List..................................................................................................................................................21
14.3 Effect of Leave Without Pay..........................................................................................................................21
14.4 Transfers........................................................................................................................................................21
14.5 Job Posting and Seniority...............................................................................................................................21
Article15-Probation..........................................................................................................................................21
15.1 Voluntary Demotion......................................................................................................................................22
Article16-Layoff................................................................................................................................................22
16.1 Definition.......................................................................................................................................................22
16.2 Procedure......................................................................................................................................................22
16.3 Recall .............................................................................................................................................................23
Article 17-Clothing and Equipment....................................................................................................................23
17.1 Protective Clothing and Safety Equipment....................................................................................................23
17.2 Uniforms........................................................................................................................................................23
Article18-Grievance..........................................................................................................................................24
18.1 Definition.......................................................................................................................................................24
18.2 Procedure......................................................................................................................................................24
18.3 Limitations on Arbitration .............................................................................................................................26
18.4 Time Limits.....................................................................................................................................................26
Article19-Management Rights..........................................................................................................................26
19.1 General Rights ...............................................................................................................................................26
19.2 Specific Rights................................................................................................................................................26
19.3 Contracting and Subcontracting of Work......................................................................................................27
19.4 Existing Benefits and Work Rules..................................................................................................................28
Article20-City Security......................................................................................................................................28
Article 21-Substance Abuse Policy.....................................................................................................................29
Article22-Savings Clause...................................................................................................................................33
Article 23-Labor/Management Committee........................................................................................................33
23.1 Formation......................................................................................................................................................33
23.2 Representation..............................................................................................................................................33
23.3 Intent.............................................................................................................................................................33
23.4 Continuance...................................................................................................................................................33
Article24-Bilingual Pay......................................................................................................................................33
Article 25-Educational Incentives......................................................................................................................34
Article 26-Mileage Reimbursement...................................................................................................................35
Article27-Terms................................................................................................................................................35
27.1 Terms of Agreement......................................................................................................................................35
27.2 Contract Amendments..................................................................................................................................35
Addendum A-Wage Rates Effective July 2,2017.....................................................................................................36
Page 3 of 36
26
Exhibit A
ARTICLE 1 - RECOGNITION
1.1 INCLUDED POSITIONS:
The City recognizes the Union as the sole and exclusive bargaining agent for full-time and part-time
(regularly scheduled to work 20 hours per week or more).
Employees in the bargaining unit with respect to matters relating to wages, hours, and working
conditions. Appendix A, attached hereto and by reference incorporated herein, is a listing of all
bargaining unit employees.
Supervisory employees and confidential employees as governed by State statute, irregular part-time
employees regularly scheduled to work less than twenty(20) hours per week (except in circumstances
that they must replace full-time and part-time employees on a temporary basis), seasonal and special
projects employees,who shall not be employed by the City for more than nine (9) months in any
calendar year, and persons hired for a limited period of time for training funded in whole or in part, by
the state, federal, or other governmental unit are specifically excluded.
Part time Library staff:Two (2) Part-Time Librarians may work up to 25 hours/week and be exempt from
health benefits coverage (not transferable to other departments).
1.2 NEW POSITIONS:
In the event the City creates a new classification or revises a current classification that would place the
classification in the bargaining unit,the Union will be notified of such classification before any
employees are hired in such new classification. If the Union disagrees with the proposed salary range,
the Union shall notify the City within fifteen (15) days in writing if it wishes to discuss the wage or other
conditions of employment for the classification, and an additional fifteen (15) days in which to
commence discussion on the issue. If the parties are not in agreement over the proposed salary range or
other issues, the City may fill the position with its proposed salary rate serving as a provisional salary
rate until the above-described discussions have resulted in an agreement on the issue. If the parties
subsequently agree upon a salary rate that is different than the initial City-proposed rate, such agreed-
upon rate shall be retroactive to the date that the position was filled.
ARTICLE 2 - UNION RIGHTS
2.1 FAIR SHARE:
1. The City agrees to deduct the uniformly required Union membership dues and other authorized
fees or assessments from the pay of those employees who have authorized such deductions in
writing. An amount equal to the prorate share of the bona fide cost to the Union of
representation of the unit, as certified by the Union to the City,the fair share amount will be
deducted from the pay of employees in the bargaining unit who have not provided the City with
such authorization, with such amount to be deducted thirty(30) days after their date of hire.
Such fair share amount shall not exceed the amount of Union dues.
2. Union and fair share dues will be deducted from each employee's paycheck and disbursed to the
Union on schedule with the City's biweekly pay period.The aggregate deductions of all
Page 4 of 36
27
Exhibit A
employees shall be remitted by Automatic Clearing House (ACH)transfer to AFSCME by the
tenth (10th) day after such deductions are made.
3. Along with the remittance of employee deductions, the City shall also provide electronic
employee list(s)to the Union by the tenth (10th) day after deductions are made. Such list(s)
shall include: all new and terminated employees in the bargaining unit, the listed names of
employees with first and last name in separate columns,the employee's ID, address, date of
birth,job title, and the employee's dues or fair share amount contribution for the subject pay
period.
4. The City agrees to deliver all notices through its internal routing system to fair share payers
when requested by the union to do so. Said notices will be delivered to the City, addressed to
each individual fair share payer.
5. All members of the bargaining unit who are members of the Union as of the effective date of
this Agreement or who subsequently voluntarily become members of the Union shall continue
to pay dues, or the equivalent, to the Union during the term of this Agreement. This section
shall not apply during the 30-day period prior to the expiration of this agreement for those
employees who, by written notice sent to the Union and the Employer, indicate their desire to
withdraw their membership from the Union.
6. The provisions of Section 1 hereof shall not apply if an employee objects in writing to the City,
based on such employee's membership in a bona fide church or religious group whose tenets or
teachings are contrary to such payment.The City will provide the Union with a copy of any such
letter within five (5) days of its receipt. In such instances,the employee shall authorize a
deduction from his or her pay which is equal to the fair share amount. Such payroll deduction
shall be in addition to any previously established deduction and shall be for the United Fund or
other mutually satisfactory charitable organization as agreed to between the employee and the
Union.
7. The Union will indemnify, defend and hold the City harmless against any claim made and against
any suit instituted against the City as a result of any City action taken pursuant to the provisions
of this Article.The Union and the City each agree to reimburse any monies paid or not paid in
error within thirty (30) days of notification of such error.
2.2 BUSINESS REPRESENTATIVES:
The Union shall provide the City with an updated list of authorized representatives, who shall number
no more than two at any one time. Union activities will normally be carried on outside of working hours.
Use of any City location deemed a public facility shall be available to the Union on the same basis as any
other organization.
Reasonable access to employee work locations shall be granted to the authorized representative,
provided the visit does not interfere with the normal operations of the department or with established
safety or security requirements.
2.3 STEWARDS:
The Union shall make a diligent effort to have in place a minimum of two and up to four stewards, one
of whom shall serve as Chief Steward.
Page 5 of 36
28
Exhibit A
The Union shall provide the City with timely written notification of all steward appointments. All
meetings held with City management pursuant to Steps I through IV of the Grievance Procedure (Article
18) hereof, shall include the grievant and/or one union representative of the Union's choosing. Stewards
who attend meetings with City representatives pursuant to the above shall suffer no loss of regular pay
as a result of such attendance.The City shall, however, be under no obligation to hold such meetings
during the paid time of the stewards and other employees attending same. Except as provided above, all
time taken off by stewards shall be without pay. It shall be the responsibility of each individual
employee to provide reasonable advance notice to his or her immediate supervisor when time away
from the job will be required under this section. Union Representatives may attend meetings held
pursuant to any step of the Grievance Procedure, provided the City has received reasonable advance
notice of such attendance.
2.4 BULLETIN BOARDS:
In accordance with past practice, the Union will be allowed use of adequate space on designated City
bulletin boards to post information regarding Union business. Specifically, such notices will include
information about time and place of meeting, Union social and charitable activities, and posting of
official Union publications.
2.5 CONTRACT RENEWAL:
The Union's negotiation team, to be comprised of no more than three on-duty employees, shall be
permitted to attend negotiating sessions with the City without loss of their regular pay relative to
securing contract renewal; provided, however,that such release from duty time shall not exceed an
aggregate of ninety (90)working hours. It shall be the responsibility of each individual employee to
provide reasonable advance notice to his or her immediate supervisor when time away from the job will
be required under this section.
2.6 CONTRACT DISTRIBUTION:
The City shall, at no cost to the Union, provide the Union with the original paper and digital copy of this
Agreement.The Union shall provide at its cost a copy of this Agreement to each current employee, and
the City shall provide at its cost a copy of this Agreement to each employee who is hired during the term
of this Agreement.
2.7 ADDRESSES:
The City will provide current home addresses it has on record for all bargaining unit employees each
fiscal year at the request of the Union.
ARTICLE 3 - NON-DISCRIMINATION & ANTI-HARASSMENT POLICY
The City maintains a Non-Discrimination Policy and Procedures to address workplace harassment,
discrimination, and retaliation that violates state and federal law.This policy document was most
recently adopted in January 2017,with a commitment from the City to review the policy every three
years or as state and federal regulations are revised and necessitate a change in the policy or
procedures.
Page 6 of 36
29
Exhibit A
It is recognized that both state and federal law provide the means for resolution of discrimination and
harassment questions.Therefore, a claimed violation of the provisions of this Article shall not serve as
the basis for a claim of a violation of this Agreement.
ARTICLE 4 - HOURS OF WORK
4.1 GENERAL PROVISIONS:
A full-time employee's work week shall consist of five (5) consecutive work days, not necessarily
Monday through Friday, followed by two (2) consecutive days off. A full-time employee's regular
workday shall be eight(8) consecutive hours except for an unpaid lunch period. Except in an emergency
or in such instances that a shift position is vacant due to a circumstance outside the control of the City,
such as illness on a temporary basis, established work schedules showing workdays, shift assignments,
and work hours will not be changed without fourteen (14) calendar days written notice to affected full-
time employees. For the purposes of this Agreement, emergency shall be defined as the performance of
City functions or services necessary to protect or reserve the lives, safety, health,or property of the
citizens of Woodburn threatened by unusual or unforeseen circumstances. Nothing in this Article or any
part of this Agreement shall be construed as a guarantee of hours of work.
4.2 WORK DAY AND WORK SHIFT ROTATION:
When a change in the assigned work day schedule or change in shift occurs,the provisions of 4.1 shall
not apply. Such rotation shall not normally occur more than once each four weeks. In such instances,
overtime shall not be required unless it is required under Article 9 of this Agreement.
4.3 SHIFT ASSIGNMENTS:
Excepting probationary employees,who may be assigned to work any shift, the City shall do one of the
following within each operational area:
1. Allow employees within a given classification and job assignment to select their shift assignment
based upon seniority with the most senior employee to select his or her desired shift first; or
2. Provide for a rotation of shift assignments whereby all employees within a given classification
and job assignment serve an equal amount of time on each of the available shifts or work
schedules.
4.4 WORK SCHEDULE FLEXIBILITY:
It is not the intention of this Article to prevent the City and an individual employee from mutually
agreeing to alternative work schedule(s). Such alternative work schedule may be initiated by either the
City or an employee(s), but must be reduced to writing before it is implemented. In the event an
employee requested flexible work schedule is denied,the employee shall be provided the operational
reason for such a refusal by the Department head. Refusals of flexible scheduling by the Department
Head are not grieve-able but may be subject to review by the City Administrator. In all cases, the City
reserves any and all management rights related to scheduling employee work hours, or any other rights
that may be applicable under this article. An alternative work schedule shall conform to the
requirements of the Fair Labor Standards Act but may be at variance with the provisions of 4.1, 4.2, and
4.3 of this Article and may also, notwithstanding the provisions of 9.1, allow an employee to agree to a
work schedule that includes more than eight (8) hours of daily work without overtime pay.
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Exhibit A
4.5 PART-TIME EMPLOYEES:
Part-time employees are included under the provisions of this Article as it is applicable to their work
assignments.
ARTICLE 5 - HOLIDAYS
5.1 HOLIDAYS OBSERVED:
Employees shall receive the following paid holidays:
New Year's Day January 1
Martin Luther King Day Third Monday in January
Presidents Day Third Monday in February
Memorial Day Last Monday in May
Fourth of July July 4
Labor Day First Monday in September
Veterans Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after the fourth Thursday of November
Christmas Eve last half of the shift on December 24
Christmas Day December 25
After completion of six(6) months of continuous service, each employee shall be entitled to one (1)
floating holiday with pay during each fiscal year.The floating holiday shall be taken at the option of the
employee, subject to the operating requirements of the City operations. Part-time employees shall earn
pro rata holiday benefits based on the relationship of their regularly scheduled work week bears to that
of a full-time employee.
5.2 HOLIDAY PAY:
Eligibility for holiday pay shall require 90 calendar days of employment.
If an employee's scheduled day off falls on such holiday, he or she shall be granted a holiday with pay to
be taken at the mutual convenience of the employee and the City.
Whenever a holiday occurs during an employee's authorized leave with pay, eight(8) hours of such
leave shall be charged to holiday time.
Employees required to work on a recognized holiday shall be compensated for all hours worked on the
holiday at one and-one-half times (1-1/2)times their regular rate of pay, in addition to their regular
holiday pay. In lieu of holiday premium pay,the city and an employee may agree to an alternative day
off with pay. Such agreement shall be in written form and executed prior to the holiday.
When a holiday occurs on a day which an employee is regularly scheduled to work more than eight
hours (such as for an employee working a four 10 hour day schedule),the employee may choose one of
the following options:
1. Receive eight (8) hours of holiday pay and charge two (2) hours against any of the employees
accrued leave, except sick leave;
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Exhibit A
2. Receive eight (8) hours of holiday pay and forfeit two (2) hours of pay;
3. Change to a work schedule of five 8-hour days for the entire week. To select this option the
employee must notify the supervisor at least seven (7) days in advance of the start of the work
week and receive approval from the supervisor to do this; or
4. With the supervisors' approval,work two (2) extra hours during the same work week.These two
(2) extra hours will be paid at the employee's regular rate of pay.
5.3 WEEKEND HOLIDAYS:
Whenever a holiday falls on Sunday, the following Monday shall be observed as the holiday.Whenever a
holiday falls on Saturday,the previous Friday shall be observed as the holiday. In the case where
Christmas Day falls on a Monday, Christmas Eve will be observed on the preceding Friday.
ARTICLE 6 - VACATION
6.1 VACATION ACCRUAL:
Full-time employees shall accrue working days of vacation per calendar year outlined below.
Accrued vacation shall be credited as earned in accordance with the above, except that vacation accrued
during the first six(6) months of continuous service shall not be credited as earned vacation until the
employee completed the first six(6) months of continuous service.
An employee's earned but unused vacation credits shall not be allowed to accumulate beyond double
his or her annual accrual rate. Employees who are unable to use vacation due to unusual or
catastrophic circumstances,the City's operational needs, or due to a medical or worker's compensation
leave where sick leave use is required first, may be allowed an exception to the maximum accrual rule,
provided all other options are exhausted and a request is made to the employee's Department Director
and the HR Director.
The City may initiate a mandatory vacation of sufficient duration to reduce unused vacation below the
maximum allowable accumulation.
Part-time employees shall earn pro-rata vacation benefits based upon the relationship their regularly
schedule workweek bears to that of a full-time employee.
Vacation accrual schedule
An employee will, upon successful completion of their probationary period be credited with 44 hours of
vacation. Below is the table of the vacation accrual schedule.
Full-TimeLength of Service Full-Time Hourly Accrual Per Month Days Per Year Max Accrual in D.
ys
7-24 months-Up to year 2 7.34 hours 11 days 22 days
25-48 months-Begin of g hours 12 days 24 days
year 3 to end of year 4
49-72 months-Begin of 10 hours 15 days 30 days
year 5 to end of year 6
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Exhibit A
73-108 months-Begin of 11.34 hours 17 days 34 days
year 6 to end of year 9
109-156 months-Begin of 12 hours 18 days 36 days
year 10 to end of year 13
157-168 months-Begin of 13.34 hours 20 days 40 days
year 13 to end of year 14
169-228 months-Begin of 14 hours 21 days 42 days
year 15 to end of year 19
229-240 months-Begin of 14.67 hours 22 days 44 days
year 20 to end of year 20
241-252 months-Begin of 15.34 hours 23 days 46 days
year2l to end of year 21
253-264 months-Begin of 16 hours 24 days 48 days
year 22 to end of year 22
265+months-23+years 16.67 hours 25 days 50 days
6.2 VACATION UTILIZATION:
Starting on the 1st business day of April and for the remainder of the month,the City shall circulate or
post within each department or division, as applicable, a signup register. Such register shall be
posted/circulated to employees in the order of their seniority, beginning with the most senior
employee. At the time such vacation sign-up register is posted/circulated,each employee shall have the
opportunity to designate one uninterrupted period for vacation within those parts of the upcoming
fiscal year when utilization of vacation will be allowed. Following the circulation of the vacation sign-up
register, each employee may schedule any remaining accrued vacation on a first-bid basis;that is, the
first employee to request vacation for a period when the utilization of vacation is allowed shall, subject
to operational needs of the City, be allowed to utilize vacation.The foregoing shall not preclude the
possibility of several employees within a given department or division, as applicable, being allowed to
take vacation at the same time, nor shall it preclude the possibility of denying requested vacation to an
employee or several employees while other employees are allowed to take vacation when such denial of
vacation is due to operational requirements that do not uniformly affect all employees in the given
department or division. Nothing in this article precludes the granting of vacation outside of the bid
process, at any time, so long as such approval does not provide operational difficulties for the
department or division.
6.3 INCLEMENT CONDITIONS:
In the event inclement conditions exist to the extent that the employee cannot safely travel to the work
site, and neither the City nor the employee can determine an alternative method of transportation, the
employee may use accrued vacation leave or compensatory time to cover their absence.
In the event that the City Administrator closed one or more the City's operations center(s) due to
inclement weather, all employees affected by the closure will receive the same benefit of paid hours if
paid hours are available.
6.4 TERMINATION:
Upon the termination of a regular employee, he or she shall be paid for all unused vacation at his or her
current rate of pay. In case of death, compensation for accrued vacation leave shall be paid in the same
manner the salary due the deceased is paid to the estate/spouse.
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Exhibit A
ARTICLE 7 - SICK LEAVE
7.1 SICK LEAVE ACCRUAL:
Full-time employees shall accrue sick leave at the rate of one eight-hour(8-hour)day for each full
calendar month of service from the first month of employment to a maximum of one hundred eighty
(180) eight-hour (8-hour)days.
Part-time employees shall accrue prorate sick leave benefits based on the relationship their regularly
scheduled work week bears to that of a full-time employee. Accrued but unused sick leave shall not be
compensated upon termination or death.
7.2 SICK LEAVE UTILIZATION:
If any employee is unable to work his or her regularly scheduled work day(s) by reason of illness or
injury, accrued sick leave shall be applied subject to the following limitations:
1. Secondary Employment: Unless the employee has notified the City in advance and received
approval, sick leave benefits shall not be allowed when an employee is working for another
employer, or otherwise engaged in an activity for profit during the period of disability.
2. Industrial Accidents: Employees who become eligible for worker's compensation benefits and
who are off work due to a compensable injury shall be allowed to use accrued sick leave to
supplement the worker's compensation so as to receive their regular gross wage. Employees
can also use sick leave for the three (3) day waiting period for worker's compensation benefits.
3. Doctor's Certification:They City may, through the employee, request verification from the
employee's health care provider that substantiates the injury or illness preventing the employee
from working. An employee may be required by their department head or designee to provide a
release to return to work form the employee's health care provider upon injury or illness.
4. Family Illness: Employees may use their allowance of sick leave when unable to perform their
work duties by reason of illness or injury, or by serious illness or disability in their immediate
families requiring the presence of the employee, or any other purpose provided by FMLA, OFLA,
or Oregon SB 454(2015) for such period as the employee has accrued sick leave. Immediate
family is defined as: husband, wife, mother, father, son, daughter, foster children, brother,
sister, father-in-law, mother-in-law, grandparents, or other relative living in the employee's
household.
If the City has reason to believe that an employee may have been abusing sick leave, it may, by prior
written notification to that employee, require a physician's certification of illness for absences of three
(3) days or less as a condition of receipt of sick leave benefits.
In addition, a physician's certification of fitness to return to work may be required if there is some
reason to question the employee's fitness to perform his or her assigned duties.
7.3 SICK LEAVE LIMITATIONS:
1. New Employees: Sick leave shall not be available for utilization until after the first ninety(90)
days of employment have been completed.
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Exhibit A
2. Notification:The employee shall notify his or her immediate supervisor in accordance with
procedures that may be established by such supervisor of the need for sick leave as soon as
possible after his or her knowledge of the need. If the employee fails to notify his or her
supervisor in a timely manner, it shall be cause for denial of sick leave benefits.
3. Abuse:The abuse of sick leave shall be cause for disciplinary action.
7.4 FMLA/OFLA SICK LEAVE:
Employees, who meet the requirements, may be eligible for federal or state protected leave such as the
Family Medical Leave Act(FMLA) and Oregon Family Medical Leave Act(OFLA).
ARTICLE 8 - INSURANCE AND RETIREMENT BENEFITS
8.1 LONG-TERM DISABILITY("LTD") INSURANCE:
The City shall provide a long-term disability insurance benefit that insures sixty-six and two thirds
percent (66 2/3%) of the employee's gross base salary at the time of disability or illness, if the employee
is disabled or becomes ill and is unable to work.This coverage shall provide protection when ninety (90)
calendar days have elapsed from the time of injury or illness. Benefits paid by LTD insurance are not
considered City paid leave or City paid time. Employees on LTD who have exhausted all paid leave will be
placed on leave without pay status. The employee on leave without pay status may at their own
expense purchase health insurance coverage as allowed by law.
If the provisions of this Section 8.1 conflict with the actual policy language or the decision of the insurer,
the policy and/or the insurer's decision shall prevail and such matters shall not be subject to the
grievance procedure.
8.2 MEDICAL DENTAL VISION INSURANCE:
The City agrees to offer two Health plans from which employees may choose;The Kaiser Plan or the
Regence Blue Cross High Deductible Health Plan (with a Health Savings Account (HSA)). Kaiser
participants will not be eligible for the HSA account.
The City's contribution for eligible employees and their eligible dependents (as defined by the Plan
Administrator) shall be 85% of the monthly premiums for City-offered health insurance (medical, dental,
and vision), plus the Health Savings Account contribution for Regence Blue Cross participants only as
outlined below. Employees are eligible to enroll in the City-offered health insurance if the employee is
regularly scheduled to work 20 or more hours per week. For part-time employees regularly scheduled to
work 20 or more hours per week,the City's contribution to the HSA and the medical plan premiums
shall be prorated based on the budgeted FTE of the position.
Funding for all employees enrolled in the Regence Blue Cross High Deductible Plan to the employee's
HSA account will be 100%of the deductible.
Employees eligible to receive City contributions to their HSA account, will receive payments from the
City on a bimonthly basis on schedule with the employee's pay period.The amount of the bimonthly
contribution will equal the deductible total, based on the employee's health plan level, divided by
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Exhibit A
twenty-four(24) pay periods over the year. As with the employee health coverage premium, there will
be two (2) pay periods annually for which no contributions will be made.
All employees regularly scheduled to work 20 or more hours per week are required to participate in the
health insurance program unless the employee can prove they have attained medical insurance
coverage via an alternative means. In which case, employees may opt out of the Plan and receive a
$50.00/month incentive from the City. In order for the City to offer the opt out, the following must
apply:
1. The employee and dependents shall be enrolled in another employer's group health plan (e.g. a
spouse's employer group plan)that provides minimum essential health coverage as required by
the Affordable Care Act, and the employee shall provide documentation of such enrollment
upon each annual opt-out election and upon City request.
2. The City will randomly audit employees who opt out of the City medical insurance program. Any
employee who has opted out of the program and does not have and/or maintain group
coverage will be required to pay back any incentive pay they have received for the entire
contract period regardless of when their coverage ceased.
For any employee regularly scheduled to work over 30 hours per week who is ineligible to participate in
the HSA program because of Federal rules, an HRA(Health Reimbursement Account) funded through a
VEBA(Voluntary Employee Beneficiary Association) Plan with an equivalent contribution from the
Employer may be made on behalf of the employee. Contributions on behalf of each eligible employee
shall be based on the following selected funding sources/formulas:
1. Contributions for employees who are HSA ineligible. Eligibility is limited to employees who are
ineligible to receive and/or make contributions into a health savings account due to other first-
dollar/ non-high deductible health plan coverage or Medicare. Such employees will receive a
contribution into an HRA VEBA account instead of an HSA.
2. If an employee becomes HSA eligible in subsequent plan years (e.g. is no longer covered under
another non-high deductible health plan), the city will establish and make contributions into an
HSA and cease contributing to the employee's HRA VEBA account. If the employee has a balance
in their HRA VEBA account,they will be required to fill out an "election of limited plan coverage"
form for their HRA VEBA account so that they are eligible to receive and/or make contributions
into their HSA
If the deductible and/or out of pocket maximums change as per plan documents during the duration of
this contract and beyond the control of the City, the Union and the City agree to meet and discuss those
changes and how that may or may not affect the City funding the HSA plan.
It is also noted that the insurance coverage's run on a calendar year and therefore funding to the HSA
will also be as per calendar year in concurrence with the insurance plan duration.
8.3 LIFE INSURANCE:
The City shall provide the following life insurance benefits for the duration of this Agreement:
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Exhibit A
1. A 24-hour term life insurance policy equal to one times the employee's basic annual salary
rounded to the next higher$1,000.
2. An Accidental Death and Dismemberment insurance policy equal to one times the employee's
basic annual salary rounded to the next higher$1,000.
8.4 COVERAGE DURING LEAVES OF ABSENCE:
Employees on leaves of absence with pay will have their group benefits continued as long as they
maintain benefit eligible status.The employee portion of the premium will continue to be deducted
from their pay. Premiums for benefits are paid one (1) month in advance.
Coverage will continue during authorized protected leave whether paid or unpaid. For authorized
unpaid leave, employees may elect to continue coverage at their own expense through COBRA.The City
shall comply with all state and federal laws on COBRA benefits. Health plan participants no longer
eligible for coverage, may be eligible to purchase coverage under the City's health insurance program in
accordance with federal and state laws.
8.5 WORKERS' COMPENSATION:
Pursuant to applicable law, the City shall continue to provide coverage under the Workers'
Compensation plan for job-connected injuries or disabilities. In the event an employee suffers an injury
while on the job with the City for which he or she is eligible for time-loss benefits, such employee shall
continue to receive the medical, dental, long-term disability, and life insurance benefits provided for
herein for the first ninety(90) days of such injury while the employee is on concurrent FMLA leave.
8.6 RETIREMENT:
For the duration of this Agreement,the City shall continue the current retirement plan offered through
the Public Employees Retirement System (PERS).
1. Retirement Contributions. On behalf of employees,the City will continue to "pick up"the six
percent (6%) employee contribution payable as the law requires.
2. Effect of Changes in Law. In the event that the City's payment of a six percent (6%) employee
contribution under Section 1, as applicable, must be discontinued due to a change in law,valid
ballot measure, constitutional amendment, or a final, non-appealable judgment from a court of
competent jurisdiction,The City shall increase by six percent (6%)the base salary for each
classification in the salary schedules in lieu of the pick-up.This transition shall be done in a
manner to assure continuous payment of either the pick-up contribution or a six percent (6%)
salary increase.
For the reasons indicated above, or by mutual agreement, if the City ceases paying the
applicable pickup and instead provides a salary increase for eligible bargaining unit employees
during the term of the Agreement, and bargaining unit employees are able, under the existing
law,to make their own six percent (6%) contributions to their PERS account or the Individual
Account Program account, as applicable, such employees' contributions shall be treated as "pre-
tax" contributions pursuant to Internal Revenue Code, Section 414 (h)(2).
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Exhibit A
ARTICLE 9 - PREMIUM PAY
9.1 OVERTIME:
Employees required by the City to work beyond eight (8) hours in any twenty four-hour (24 hour) period
beginning at 12:01 a.m., or more than forty(40) hours per week, shall receive overtime compensation.
In no case shall overtime be paid twice for the same hours.
Overtime shall be computed to the nearest quarter-hour(1/4) hour.
Overtime pay shall be based on the actual number of hours on duty per day or week, except that two (2)
hours of overtime will be guaranteed in instances of emergency callback. Emergency call-back shall
include, but shall not be limited to instances when an employee has physically left the work site, is on
the way home from work, and is called to return to work. Overtime pay shall also be paid at the
emergency call-back rate to employees that trouble shoot from home using a laptop computer who
would otherwise, except for use of the computer, be required to return to the work site to resolve an
emergency.The overtime rate shall be time-and-one-half the regular rate of compensation, in the form
of comp time or pay, at the discretion of the City. However, if employee(s) are to be subject to a
compensatory time policy that differs from the eighty(80) hour maximum presently allowed by City
policy, he/she shall be so notified in writing.
In the event that sufficient acceptable personnel do not accept overtime on a voluntary basis, or in the
event of an emergency, such additional personnel as are deemed necessary by the City may be required
to work overtime. As provided by ORS 279.345(5)(b), the provisions of ORS 279.340 shall not apply to
the employees covered by this Agreement.
9.2 STANDBY:
Stand-by Responsibilities:
Subject to program needs and budget limitations the City may assign certain bargaining unit employees
to "Stand-by Required" positions.The determination of the number and qualifications is the sole and
exclusive determination by management.
Employees assigned by Management under this subsection as "Stand-by required" shall receive a nine
percent (9%) premium to their normal base hourly rate. Employees assigned to the identified rates may
be scheduled for up to thirteen (13)weeks of Stand-by duty per calendar year. No other bargaining unit
employees may be scheduled for regular Stand-by required duties; except that for short term
emergency situations such as acts of God, Force Majeure or any other unanticipated incident beyond
the City's control. In such cases any other bargaining unit employee may be temporarily increased by
10% on an as needed basis(for not less than one (1)week) and not be a violation of this Agreement.
Hours worked on City property as a result of a call out (including travel time), shall be counted as hours
worked.
Stand-by duty"standards" are required to be met by any employee assigned to Stand-by duty. A failure
to fully adhere to such standards (listed below) may result in appropriate discipline being administered:
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Exhibit A
1. Employee shall be immediately accessible by telephone or other agreed to device at all times
while on Stand-by.
2. The employee shall respond within 15 minutes of a call out and be on City property within 60
minutes of the original call out for service.
3. Employees must be in "duty ready" condition;this means strict adherence to the substance
abuse policy. In the event an employee is taking medications while on Stand-by by duty the
employee has a responsibility to immediately report such condition to his/her supervisor
immediately.
Scheduling:
Management will use its best efforts to schedule Stand-by duties on a rotational basis not less than
three (3) months in advance. Management will schedule on a weekly basis. No employee shall be shall
be scheduled for more than seven (7) consecutive days until they have had fourteen (14) consecutive
days without a Stand-by assignment.
Whenever an unforeseen event occurs requiring a variation from the posted schedule, management will
attempt to remedy such occurrences by asking for volunteers first;then by assigning duty by inverse
seniority second. If management still cannot adequately meet the Stand-by shifts needed, due to an
emergency and/or unforeseen need then additional Stand-by assignments may be made to employees
not normally assigned. Emergency Employee(s) assignment shall be paid as a 10% premium to their
normal base pay for the week in which the assignment(s) is made.
Stand-by assignments made by management shall be tracked on a fiscal year basis (July 1 through June
30). Employees may voluntarily "swap shifts" provided management is informed at least ten (10) days in
advance of proposed swap and no financial liability is created for the City.
In the event an employee is assigned by management more than one week of Stand-by responsibilities
in any calendar month, said employee will received fourteen (14) hours of comp'time for each week of
Stand-by assignment served within the month.
Not more than one week in any calendar month shall be counted towards the13 yearly assignments.
Notwithstanding the above,the intent of management is to fairly schedule Stand-by duties to bargaining
until employees to the extent practical. However it is understood and agreed that the ability of
management to utilize non-union supervisors to augment or"add to Stand-by" duties shall not be a
basis for a violation of this Agreement so long as twelve (12) bargaining unit employees are regularly
receiving the Stand-by premium. Further, in the event new technologies and/or work methods or
systems are developed that provide greater efficiency to the City,then said efficiencies may allow the
City adopt a Stand-by schedule using less than the twelve (12) aforementioned positions. Before such a
modification is made the Union will be given thirty(30) days advance notice of such intent.
Right-to re-assigns:
It is agreed by all parties to this agreement that the assignment of employees to "Stand-by required" is
recognition of quality superior work performance. Accordingly, if management determines that an
employee is no longer performing at such a standard then nothing in this agreement will preclude the
reassignment of a different employee.
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Exhibit A
9.3 ACTING-IN-CAPACITY PAY:
At the discretion of the department head, employees assigned to work in a higher classification may
receive a five percent (5%)wage differential for periods of two (2)weeks or longer (this excludes periods
for vacation, sick leave, workshops, etc) . In order to receive Acting-In-Capacity pay, the employee must
be assigned the full range of duties and have full authority and responsibilities of the position he/she is
filling.The department head must submit a Personnel Action Form to the Human Resources office prior
to assigning employees to work in a higher classification requiring a wage differential payment.
9.4 PROFESSIONAL LICENSES
The City may designate positions within the City where having an employee hold or maintain a
professional license, above or in addition to what would be required for fulfilling the duties of that
position, would be an operational advantage to the City. At the discretion of the City, an employee who
holds or maintains one of the following licenses may receive the associated premium. In order to receive
the license premium, the employee must be assigned to duties that require said license.
LTD Manufacturing Plant Journeyman 7.2%
At its discretion, the City may determine that the operational need for an employee to hold or maintain
said license has ceased. At such time, and with 30-days advance written notice,the premium associated
with said license will also cease.
ARTICLE 10 - REST PERIODS/LUNCH PERIODS:
All employees shall be granted a fifteen-minute (15-minute) rest period during each one-half(1/2) shift,
except in emergency situations. Rest periods shall be taken at approximately the middle of each one-
half(1/2) shift as designated by the supervisor. All employees shall be granted a lunch period of not less
than one-half-hour(1/2 hour) or more than one (1) hour, except in emergency situations. Such lunch
periods shall be without pay and be utilized at approximately the middle of the work shift as designated
by the supervisor.
ARTICLE 11 - LEAVES
11.1 BEREAVEMENT LEAVE:
In the event of a death in the employee's immediate family,for purposes of this article immediate family
shall include grandparents, parents, parents-in-law, siblings, children, grandchildren, or any member of
the immediate household, an employee may be granted a leave of absence not to exceed five (5)
working days without loss of pay, to be used within six(6) months.This leave shall be separate from sick
leave and shall not accumulate from year to year. Additional unpaid bereavement leave may be
available to qualifying employees under the Oregon Family Leave Act (OFLA). Employees may use
accrued leave while using bereavement leave that is not City-paid. City-paid bereavement leave runs
concurrently with OFLA.
In the event of a death of a co-worker, employees may request and be granted vacation leave or other
mutually agreeable time off to attend the funeral. In instances where the essential work of the City
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Exhibit A
would be seriously handicapped by the temporary absence of a group of employees in a division,the
City may set a reasonable limit on the number of employees that are to receive such leave.
11.2 WITNESS/JURY DUTY:
When an employee is called for jury duty or subpoenaed to appear in court as a witness, he or she will
be paid the difference between his or her regular salary and the amount of jury pay. However, if he or
she transfers all compensation, less mileage and meal allowances, received from the court to the City,
he or she shall receive his or her regular compensation for the time covered by the absence.Time not
worked because of such service will not affect vacation or sick leave accrual.The foregoing shall not
apply if the employee is a party in interest to the proceeding or is serving as a witness against the City or
on behalf of the Union. In such instance, leave of absence without pay will be provided.
11.3 MILITARY:
Military leave with or without pay shall be provided in accordance with applicable State and Federal
statutes.
11.4 LEAVE WITHOUT PAY:
Upon the written request of an employee to the department head,the City may, in writing, grant an
employee a leave of absence without pay for a period not exceeding twelve (12) months. Such request
shall include the reason for requesting such leave and establish reasonable justification for
consideration by the City.An employee shall not accrue benefits or seniority during such leave, but will
be reinstated with all previously earned leave and seniority upon his or her return to work.
11.5 VOTING LEAVE:
Employees who are registered voters shall be granted necessary time off, up to one (1) hour,to vote on
election day if, due to their work schedule, they otherwise would not be able to vote.
ARTICLE 12 - WAGES
12.1 WAGE RATES:
No employee shall suffer a pay reduction as a result of this agreement.
1. Employees previously working in the "A-PM" Grade positions from the 2016-2017 wage
schedule will be moved into the "A" Grade of the attached Addendum A wage schedule.
Employees will be placed into Steps within Grade "A" as follows:
o Employees currently at the Grade A-PM-Entry Step to be moved to Grade A-Step 1;
o Employees currently at the Grade A-PM-1-8Yrs Step to be moved to Grade A-Step 2; and
o Employees currently at the Grade A-PM-After 8Yrs Step to be moved to Grade A-Step 3.
Upon ratification of this contract, all employees formerly at the A-PM Grade will proceed
through the Steps at the normal intervals.
2. Effective July 2, 2017, employees covered by this Agreement shall be compensated in
accordance with the wage schedule attached to this Agreement and titled as "Addendum A,
Wage Rates Effective July 2, 2017."
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Exhibit A
Any employees who would see a decrease in their base rate as a result of this wage schedule at
their current Step or at a future Step will be "red circled" or frozen when necessary to prevent
any loss of pay and future COLAs will apply.
3. Effective July 1, 2018, employees covered by this Agreement shall receive a salary increase of
two percent (2%).
Any employee receiving a grade and/or step change as a result of these negotiations also incur a new
anniversary dates of the first full pay period in July for future step increases.
12.2 PAY PERIODS/PAY DAYS:
The pay period for purposes of calculating overtime shall be from Sunday, 12:00 am through Saturday
11:59 p.m.
The City shall pay on a biweekly basis for a total of 26 pay periods per calendar year.
Time keeping shall be maintained via an electronic time keeping system. It is the responsibility of each
employee to clock in (enter) their actual time worked within the system accurately and timely. Any
employee found to have reported time inaccurately may be subject to disciplinary action up to and
including termination.
Unless expressly authorized by an immediate supervisor, time record entries shall not be made from an
off-site work location. All cell phone entries must be pre-approved by the employee's immediate
supervisor.
ARTICLE 13 - DISCIPLINE AND DISCHARGE
13.1 DISCIPLINARY ACTION:
By way of illustration but without limitation, disciplinary action shall include the following:
1. Written reprimand.
o An employee may grieve a written reprimand through Step IV, City Administrator level of
the grievance procedure, but shall not pursue such a grievance to Step V, Arbitration.The
decision of the City Administrator shall be final and binding. If the employee disagrees
with the written reprimand, he/she may attach a written rebuttal thereto.
o Written reprimands not involving other disciplinary action, upon request of the employee,
shall be removed from an employee's personnel file at the end of five (5)years from the
date the written reprimand was issued, provided subsequent disciplinary action has not
been taken during the intervening period of time, and there are not subsequent concerns
of a similar nature or ongoing investigations into the employee's conduct. Documents
removed from an employee's personnel file as a result of an employee request will be
placed in a confidential file maintained by the Human Resources Director. Such
documents will not be used against an employee for the purpose of establishing
progressive discipline, but may be used in any arbitration and civil proceeding for the
purpose of establishing consistency of disciplinary action, lack of discrimination,the
existence of mitigation circumstances, and compliance with legal obligations.
2. Suspension without pay.
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Exhibit A
3. Temporary reduction in pay to a lower step within the established pay range for the employee's
classification.
4. Demotion.
5. Discharge.
Verbal or oral warnings or similar supervisory counseling, even if reduced to writing, may also be given
to employees, but such shall not be considered disciplinary action, inasmuch as such counseling will not
be placed in the employee's personnel file and the employee experiences no loss of compensation as a
result thereof. A counseling can be maintained in a supervisory file to be reviewed as part of an
employee's annual evaluation, but will be considered stale upon completion of the annual evaluation
13.2 DUE PROCESS:
Due process shall require that the following steps be accomplished before any decision to take
disciplinary action is finalized:
1. The employee will be informed of the charges in writing and given the information that is the
basis for the possible disciplinary action.
2. After the employee has been informed of the charges, he or she shall have the opportunity to
meet and discuss the matter with the supervisor who initiated the charges. If the employee
chooses to meet with the supervisor to discuss the charges, he/she shall be allowed to have a
representative of the Union present.
3. After the decision is made,the employee shall be given written notification thereof. If the
decision is adverse to the employee, the employee shall have the opportunity to include a
statement in his/her personnel file and to file a grievance in accordance with the provisions of
Article 18 thereof.
13.3 JUST CAUSE:
The City shall not take disciplinary action against an employee under this Article without just cause. If
there is disagreement as to whether or not just cause exists, such dispute shall be resolved in
accordance with the provisions of the grievance procedure, Article 18 hereof.
13.4 CONFIDENTIALITY:
If a supervisor has reason to discipline an employee, he or she shall make reasonable effort to impose
such discipline in a manner that will not unduly embarrass the employee before other employees or the
public.
13.5 PROBATIONARY EMPLOYEES:
A probationary employee shall serve at the pleasure of the City and shall not have the right to appeal
any disciplinary action as a violation of this Agreement. This provision does not apply to existing regular
employees who have previously completed a probationary period with the City and enter into a
probationary period through promotion or transfer.
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Exhibit A
ARTICLE 14 - SENIORITY
14.1 DEFINITIONS:
Effective with this Agreement seniority shall be defined as an employee's continuous length of service
with the City from his/her last date of hire. Seniority as used in this Agreement means the length of
continuous employment with the employer. In most cases, seniority shall be looked at for full time
employees first and then part-time employees second. An employee's total hours accumulation of
straight time compensable hours will be the basis of exercising seniority rights throughout this
Agreement unless specifically exempted by Article. Seniority shall accrue by hours paid. An employee
shall lose all seniority credit in the event of a termination/resignation or failure to return from an
expired leave of absence.
14.2 SENIORITY LIST:
The City will provide the Local Union President with a copy of the seniority list at the beginning of each
fiscal year. Prior to the initiation of any layoffs an up to date seniority list will be provided to the local
union and council representative.
14.3 EFFECT OF LEAVE WITHOUT PAY:
An employee who is absent without leave for more than seventeen (17)working hours shall be
considered to have resigned. Such employee may be reinstated without loss of previously accrued
seniority and other benefits if he/she can show that it was not feasible to obtain prior approval for the
absence.
14.4 TRANSFERS:
Employees desiring to transfer to other comparable open positions may submit a request in writing to
their immediate supervisor. The request shall state the reason(s)for the desired transfer to another City
department having the same pay grade or lower. There must be an agreement between the
Department Head for the position being exited and with the Department Head of the department being
entered. Nothing shall prevent the City from an outside hire if Management deems there are other
more qualified candidates for an existing opening.
14.5 JOB POSTING AND SENIORITY:
All bargaining unit job vacancies will be posted on the City website as well as other sources as
appropriate for the available position(s). For position(s)within the bargaining unit, incumbent
employees who are members of the bargaining unit and who are qualified, or can be reasonably
assumed to become qualified for the position within a mutually agreeable time frame, shall be
guaranteed an interview for a posted position they apply to. The incumbent employees are required to
follow all application instructions as posted.
ARTICLE - 15 PROBATION
The probationary period is an integral part of the employee selection process and provides the City with
the opportunity to upgrade and improve the department by observing an employee's work, training and
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Exhibit A
aiding employees in adjustment to their positions, and by providing an opportunity to reject any
employee whose work performance fails to meet required work standards.
Every new employee hired into the bargaining unit shall serve a probationary period of six(6)full
months, which may by written notice to the employee prior to the completion of the initial six-month (6
month) period be extended for up to six (6) additional months.
Employees promoted into a higher classification shall serve a probationary period of six(6)full months,
which may by written notice to the employee prior to the completion of the initial six-month (6 month)
period be extended for up to six(6) additional months.
The Union recognized the right of the City to terminate new employees on probationary status at any
time for any reason without recourse to appeal and to exercise all rights not specifically modified by this
Agreement with respect to such employees, including, but not limited to,the assignment of on-the-job
training in other classifications. The Union also recognized the right of the City to demote an employee
on promotional probationary status to his or her previous position.
Employees who as a result of a layoff or reduction-in-force assume a new position must be able to
demonstrate proficiency in said position within sixty(60) days. An employee who has bumped from their
regular position and has failed to demonstrate proficiency in the new position within the 60 days may be
subject to layoff thereafter by the City.
15.1 VOLUNTARY DEMOTION:
Employees who,within 1040 hours following a promotion, voluntarily demote to their previously held
classification may return to the step of the previously held classification from which they promoted.
Demotion under this section shall be with the mutual agreement of the employee and involved
Department Head(s) and an opening must exist.
ARTICLE 16 - LAYOFF
16.1 DEFINITION:
A lay off is a reduction in the number of full time positions within the City's workforce.
16.2 PROCEDURE:
It is the intent of the City of Woodburn to provide and maintain as many full time employment positions
as practical. However in the event of a layoff, notice of not less than 45 calendar days (a Layoff
Mitigation Review Period)will be given to the Union and the employees the City intends to lay off.
During the Layoff Mitigation Review Period,the employer shall, in good faith, meet with the Union and
consider various alternatives as offered by the Union to a reduction-in force for all affected
departments. Probationary, temporary, seasonal and limited assignment/duration employees shall be
reduced in hours or laid off first;the remaining workforce shall be composed of a minimum number of
part-time employees and regular full time employees. Nothing in this Agreement shall prohibit the
parties from agreeing to a temporary alternative arrangement in lieu of a normal layoff as outlined in
this Agreement.
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Exhibit A
If the City reduces its work force through layoffs, said layoffs shall be accomplished for each pay grade
within an effected department, layoffs shall be made within each job grade by department by seniority,
with the least senior employees being the first laid off.The City may make exception to a layoff on the
basis of seniority where employees who possess special skills would otherwise be laid off.
Employees subject to layoff shall have the right to displace or"bump" employees in equal or lower
paying job grades provided that they have seniority and the minimum qualifications as specified in the
most recent job description.
If the employee cannot "bump" into a position as outlined above, and the employee has no prior City
service in the job to which he/she is to be assigned, a probationary period as outlined in Article 15 shall
be required. A reduction from fulltime to part-time for the same job shall not incur a new probationary
period for an employee. In no event may a layoff result in an employee being placed into a higher
paying job than the job the employee held prior to the layoff.
16.3 RECALL:
Recalls from a layoff shall be made according to seniority. No new employees shall be hired into a
classification until all laid off employees qualified to do the job have been given a chance to return to
work. In order to maintain this right to recall, an employee must register in person or by mail with the
City Administrator or his or her designee upon change of address, telephone number, and at least
annually signifying his or her availability for recall.
Laid off employees shall be recalled only by certified letter, return receipt requested and shall have ten
(10) business days from receipt of such notification in which to inform of their intent to return to work.
Thereafter, the employee must be available to be placed on a schedule buy the 15th business day. In no
event can replacement to the regular work schedule(20 days)from the day the original call back is
received to the last mailing address. An earlier reporting date may be agreed by mutual agreement.
Employees will have recall rights on the following basis;
1-5 years of continuous service—12 months
5+years of continuous service—24 months
The above time limit may be waived by all parties if mutually agreed upon by all parties involved.
ARTICLE 17 - CLOTHING AND EQUIPMENT
17.1 PROTECTIVE CLOTHING AND SAFETY EQUIPMENT:
The City shall provide protective clothing and safety equipment pursuant to applicable laws and
regulations, based on a review performed by the City's insurance carrier or other similar resource
acceptable to the parties. Only those items which are required by law or regulation shall be provided.
17.2 UNIFORMS:
In addition to safety equipment and clothing provided under the above, the City shall continue to
provide work uniforms for selected employees within the bargaining unit, under the following
conditions:
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Exhibit A
1. It shall be the employee's responsibility to launder and to otherwise maintain the uniform in a
proper manner.
2. Uniforms or any portion thereof shall not be worn except while on duty or while in transit to or
from the job.
3. Uniforms shall be replaced on an exchange basis only, and employees may from time to time be
required to account for all uniforms originally issued.The cost of replacement of any uniform
lost, destroyed, or otherwise not accounted for shall be borne by the employee.
ARTICLE 18 - GRIEVANCE
18.1 DEFINITION:
A grievance, for the purpose of this Agreement, is defined as a dispute regarding the meaning or
interpretation of a particular clause of this Agreement or regarding an alleged violation of this
Agreement.
18.2 PROCEDURE:
Employees are highly encouraged to discuss any contract dispute with their direct supervisor with the
intent of resolving the issue before resorting to the grievance process. In an effort to provide for a
peaceful procedure for resolution of disputes the parties agree to the following procedure when the
issue cannot be resolved between the employee and the supervisor.
Grievances shall be initiated and processed in the manner provided in this agreement.The parties
mutually acknowledge the procedures outlined in this agreement to be the exclusive and binding
process for the resolution of grievances.
STEP I:
The employee, and his/her Union Business Representative or Steward, will file a written grievance with
the employee's immediate Supervisor within 20 working days of the occurrence of the grievance or the
date that the employee should have first known the facts upon which the grievance is based. The
grievance shall contain:
1. A statement of the action or lack of action on the part of the City that is the cause for the
grievance.
2. A statement as to the specific contract Article or Articles with Section and/or paragraph that was
violated.
3. The specific remedy or alternative remedies that the City must take to correct the alleged
contract violation.
Any grievance referred on the basis of past practice must cite the specific practice involved.The
Supervisor will respond to the employee and his/her Union representative or Steward in writing within
ten (10)working days of receiving the grievance.
STEP II:
If the grievance remains unresolved at Step I, it must be submitted in writing to the Department Head
within ten (10)working days of Step I response.The Department Head may meet with the employee's
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Exhibit A
immediate Supervisor and the aggrieved party and his/her Union representative or Steward. The
Department Head shall respond to the grievance in writing within ten (10)working days to the
employee and his/her Union Representative or Steward.
STEP III:
Individual grievances that remain unresolved at Step II, must be submitted in writing to the Human
Resources Director within ten (10)working days of the receipt of Step II response.The Human Resources
Director shall respond to the grievance in writing within ten (10)working days to the employee and
his/her Union Representative or Steward.
For Group grievances initiated by the Union, the grievance must be submitted in writing to the Human
Resources Director within thirty(30)working days of the occurrence of the violation or the date that the
affected employees or the Union Representative should have first known the facts upon which the
grievance is based.
A meeting shall occur as soon as possible, but in no event longer than ten (10)working days from the
date of referral by the Union to the Human Resources Director and the Department Head. The entire
issue giving rise to the grievance will be reviewed. The Human Resources Director shall respond to the
grievance in writing within ten (10)working days of the meeting to the employee and his/her Union
Representative or Steward.
STEP IV:
If the grievance remains unresolved at Step III, it must be submitted in writing to the City Administrator
within ten (10)working days of receipt of Step III response and a copy shall be sent to the Human
Resources Director.The City Administrator(or his/her designee) shall meet with the aggrieved party and
Union Representative or Steward within ten (10)working days. The City Administrator shall respond to
the grievance in writing within ten (10)working days of the meeting to the Union Representative or
Steward, with a copy also being sent to the grievant. If the issue still remains unresolved it may be
referred to arbitration (with the exception of written reprimands).
STEP V:
If the grievance remains unresolved at Step IV, it must be submitted to arbitration in the following
manner:
1. The Union shall provide the City with written notification of intent to proceed to arbitration
within ten (10)working days of the conclusion of Step IV.
2. The Union and the City shall have ten (10)working days from the date of such notification to
reach a mutual agreement upon an arbitrator.
3. If the Union and the City fail to agree upon an arbitrator within the ten (10) day period,the
Union will request a list of seven (7) arbitrators to the State of Oregon Mediation and
Conciliation Service. The arbitrators shall reside in the States of Oregon or Washington. Starting
with the Union the parties shall alternately strike one name from the list until only one name
from the list remains.
4. The City and the Union shall have ten (10) days from the date of receipt of the list of arbitrators
to select the arbitrator.
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Exhibit A
18.3 LIMITATIONS ON ARBITRATION:
The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has
been violated. The arbitrator shall have no power to alter, modify, add to, or detract from the terms of
this Agreement. The decision of the arbitrator 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 while this Agreement is in effect, and no arbitration determination or
award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever
prior to the execution or after the expiration date of this Agreement.
Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties.
However, each party shall be completely responsible for the cost of preparing, 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 records. Both parties agree that if access to the
transcript/recording is requested by only one party and then a subsequent right of access is made by the
opposing party not originally made said arrangement,then the opposing party must compensate the
original party for 50%of the incurred cost before access to the transcript/recording is made available.
It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration
constitutes an election of remedies. Specifically,the Union agrees that it shall not pursue an issue that
has been the subject of a grievance to any court, quasi-judicial body or other outside authority for a
determination, and that when an issue is presently pending before, or has been decided by a court,
quasi-judicial body or other outside authority, no grievance with respect thereto may exist.
18.4 TIME LIMITS:
Any or all time limits specified in the grievance procedure may be waived by mutual consent of the
parties. Failure to submit the grievance in accordance with these time limits without such waiver shall
constitute abandonment of the grievance. Failure by the City to submit a reply within the specified time
will constitute a rejection of the grievance at that Step. And thereby allow the Union to proceed to the
next step within the applicable time limit. A grievance may be terminated at any time upon receipt of a
signed statement from the employee that the matter has been resolved. The employee may be
represented at any level of the grievance procedure by a Union representative
ARTICLE 19 - MANAGEMENT RIGHTS
19.1 GENERAL RIGHTS:
Except as otherwise expressly and specifically limited by the terms of this Agreement, the city retains all
rights, decision-making prerogatives, functions and authority connected with or in any way incidental to
its responsibility to manage the affairs of the City or any part of the City.The rights of the employees in
the bargaining unit and the Union hereunder are limited to those specifically set forth in this Agreement.
19.2 SPECIFIC RIGHTS:
Without limitation, but by way of illustration,the exclusive prerogatives, functions and rights of the city
shall include the following:
1. To determine the services to be rendered to the citizens of the City.
2. To determine and to follow the City's financial, budgetary, and accounting procedures.
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Exhibit A
3. To direct and supervise all operations, functions, and policies of the departments in which the
employees in the bargaining unit are employed, and operations,functions, and policies in the
remainder of the city as they may affect employees in the bargaining unit.
4. To close or liquidate any office, branch, operations or facility, or combination of facilities or to
relocate, reorganize or combine the work of divisions, offices, branches, operation or facilities
for budgetary or other reasons.
5. To manage and direct the work force, including but not limited to, the right to determine the
methods, processes, and manner of performing work;the right to hire, promote, transfer and
retain employees;the right to layoff; the right to abolish positions or reorganize departments;
the right to determine schedules of work; the right to purchase, dispose of and assign
equipment or supplies.
6. To determine the need for a reduction or an increase in the work force and the implementation
of any decision with regard thereto.
7. To establish, revise and implement standards for hiring, classification, promotion, quality of
work safety, materials, and equipment.
8. To implement new and to revise or discard,wholly or in part, old methods, procedures,
materials, equipment, facilities and standards.
9. To assign shifts, workdays, hours of work and work locations.
10. To assign and designate all work duties.
11. To introduce new duties within the unit.
12. To determine the need for and the qualifications of new employees,transfers and promotions.
13. To discipline, reprimand, suspend and discharge an employee subject to the discipline Article of
this Agreement.
14. 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 such periods to be determined by
the City.
15. To determine the need for overtime and the employees to work such overtime.
19.3 CONTRACTING AND SUBCONTRACTING OF WORK:
The Union recognizes that the City retains the right to contract and to subcontract work, provided that
as to the contracting or subcontracting of work that may reasonably be expected to result in the layoff
or demotion of any bargaining unit member(s), the City will provide prior notice to the Union and afford
it an opportunity to make a presentation to the Council as follows:
The Union shall be sent a copy of any Request for Proposal or advertisement for bids at the time such
request or advertisement is made. After receipt of proposals or bids from potential bidders, the Union
shall receive a copy of same and a copy of all other relevant material, including City staff analysis of the
various bids or proposals that the Council will use as the basis for its decision.
No decision to contract or subcontract shall be made until:
1. Thirty (30) days following the receipt by the Union of all material specified in#1 above; and
2. After the Union has had an opportunity to make a presentation to the Council (or City
Administrator if such is mutually agreeable) regarding the proposed contracting of work.
The City agrees to give full consideration to all information and recommendations that may be
submitted by the Union prior to making a final decision.
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Exhibit A
In consideration of the above-delineated agreement by the City to allow the Union to be informed of
and to make its position known prior to a contracting decision which would adversely affect bargaining
unit employees, parties agree that notwithstanding the requirements of ORS 243, the City shall have no
duty to bargain:
1. Any decision to contract or subcontract work; and
2. The impact of any decision to contract or subcontract work.
The City may use non-paid volunteers without following the procedural steps outlined above, and
without a duty to bargain over the decision or the impact of such decision. The City has no intent to
modify existing practice on the use of volunteers.
19.4 EXISTING BENEFITS AND WORK RULES:
Nothing in this Agreement is intended to nullify existing wage and fringe benefits to employees under
policies, practices and work rules unless specifically included in this Agreement.The City agrees to notify
the Union, in writing, prior to changing or making additions to the existing personnel policy manual.
Should the Union disagree with the proposed change(s), the City, upon request, shall meet with the
Union to discuss its concerns.
ARTICLE 20 - CITY SECURITY
During the term of this Agreement,the Union and members of the bargaining unit, as individuals or as a
group, will not initiate, cause, permit or participate orjoin in any strike,work stoppage or slowdown,
picketing, or any other interruption of City services.
Employees in the bargaining unit, while acting in the course of their employment, shall not honor any
picket line established in the City by the Union, or by any other labor organization when called upon to
cross such picket line.
Disciplinary action, including discharge, may be taken by the City against any employee or employees
engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the
option of the City.
In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other
restriction of work in any form, either on the basis of individual choice or collective employee conduct,
the Union will, immediately upon notification, publicly attempt to secure an immediate and orderly
return to work.
The obligations set forth above shall not be affected or limited to the subject matter involved in the
dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the
grievance procedure of this Agreement.
It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are
engaged in such strike,work stoppage, or other interruption of work.
There will not be a lockout against the employees in the bargaining unit during the term of this
Agreement.
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Exhibit A
ARTICLE 21 - SUBSTANCE ABUSE
Substance Abuse Policy
This Substance Abuse Policy is effective upon execution of the Agreement and applies to all AFSCME
represented employees. In addition to this Policy, AFSCME represented employees in what are
determined to be 'safety sensitive' positions are subject to the requirements of state and federal law.
Purpose
The City has a strong commitment to its employees to provide a safe work environment and promotes
high standards of employee fitness. Consistent with the intent of this commitment, the City established
this policy regarding drugs and alcohol.
While the City has no intention of interfering with the private lives of its employees,the City expects its
employees to report to work in a condition to perform their duties in a safe, effective and efficient
manner. All persons covered by this policy should be aware that violations of this policy will result in
discipline, up to and including termination, or in not being hired.
The parties to this Agreement understand that with the passage of measure 91 (Legalization of
Marijuana),that the law intended no new employment rights. The parties further agree that there are
no changes to the enforcement of the substance abuse policy by the City.
Definitions
CDL Federal Commercial Driver's License Standards
EAP Employee Assistance Program
THC The principal psychoactive constituent of the cannabis plant (marijuana)
PCP Commonly initialized as PCP and known colloquially as angel dust or wet, is a
recreational dissociative drug
BAC Blood Alcohol Content
NIDA National Institute of Drug Abuse
GCMS Gas chromatography—Mass spectrometry (GC-MS) is a method that combines
the features ofas-liquid chromatography and mass spectrometry to
identify different substances within a test sample
SAP Substance Abuse Professional
Scope
For the purpose of this Policy, "drugs" is defined as all controlled substances including but not limited to:
opiates, cocaine, marijuana (THC), phencyclidine (PCP), amphetamines/ methamphetamines and
barbiturates. However, "drugs" does not include prescription and over-the-counter medications that are
lawfully prescribed and used in a manner consistent with a physician's instructions and/or medication
warnings.
Employees who violate this Policy conduct will be subject to discipline, including discharge.
Prohibited Conduct
The following conduct is strictly prohibited:
1. Buying, selling, consuming, distributing or possessing drugs or alcohol during working hours,
including rest and meal periods.
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Exhibit A
2. Reporting for work or returning to duty under the influence of alcohol or drugs. For the purpose
of this Policy, an employee is considered to be "under the influence" of alcohol if his/her alcohol
concentration is .04 BAC or more. Alcohol concentration levels measuring less than .04 BAC are
considered a negative test result. An employee is considered to be "under the influence" of
drugs, if the employee tests positive for having such substances present in his/her body.
3. Consuming drugs or alcohol while on Stand-by as defined by this Agreement. If an employee is
on Stand-by and has used any prescription or nonprescription medications which may interfere
with the safe and effective performance of duties or operation of City equipment or vehicles,
the employee is required to notify his or her supervisor prior to responding to a call for service.
4. Failure to report an arrest, conviction and/or plea-bargain for an alcohol or drug-related criminal
offense to the employee's supervisor within 10 days after the arrest conviction or plea bargain
occu rs.
5. Failure to disclose use of over-the-counter or prescribed medication containing a controlled
substance that may influence behavior and/or one's ability to safely perform one's job.
Any determination of a positive substance abuse test for any substance will be on the same basis used
for the Federal CDL Standards.
Disclosure of Medications
Employees are responsible for consulting with their physicians and carefully reviewing medication
warnings, including any warnings pertinent to the effects of use of a combination of medications.
Employees who are using over-the-counter or prescribed medications which have any reported side
effects that could reasonably affect their ability to safely perform all essential job duties must notify
their supervisor of the substance taken and its side effects before reporting for work. Medical
verification of ability to safely perform job duties may be required before the employee is allowed to
continue his/her job assignment. Employees are eligible to utilize sick leave benefits pending receipt of
acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances which could
reasonably impair the safe performance of essential job duties; and/or illegally obtaining the substance
or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary action.
Employee Testing
The Employer agrees to train all supervisors to recognize behaviors which may give rise to a suspicion
test request. It is agreed that the employer will regularly train supervisors as to the proper procedures
for dealing with a possible substance abuse and that this training will be provided, at minimum, once
every two years.
A supervisor may order an employee to immediately submit to a urinalysis test for drugs and/or a
breathalyzer test for alcohol whenever the City has reasonable suspicion to believe that the employee
has violated the provisions of this Policy concerning reporting to work or being at work"under the
influence" of drugs or alcohol.
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Exhibit A
"Reasonable suspicion" shall be defined as suspicion based on articulated observations concerning the
appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that an
employee has consumed drugs and/or alcohol in violation of this Policy.
For any employee holding a safety sensitive positions that requires a pre-employment substance abuse
test and who is off the job for more than 30 calendar days regardless of the cause then the employee
will be required to submit to the same test used for pre-employment testing before returning to work.
This means any leave for any reason in excess for more than 30 calendar days, including vacation in
excess of 30 days.
The City reserves the right to substance abuse test any safety sensitive employee involved in an on-the-
job accident incident.
Testing Procedures
1. All testing will be conducted at a laboratory certified by the federal DOT and shall be conducted
in accordance with the standards for procedural safeguards and testing integrity disseminated
by the NIDA. All drug tests will be conducted through collection of a split sample.All positive
drug tests will be confirmed by a second cross confirmatory test from the same sample using
GCMS testing methodology and reviewed by a Medical Review Officer before the test result is
reported as positive.
2. The residual specimen sample shall remain at the testing facility in frozen storage for a
minimum of 90 days from the date the test was conducted. This sample shall be made available
for testing to the employee or his attorney, should the original sample result in a legal dispute or
the chain of custody be broken.
3. Whenever there is a reason to believe that the employee may have altered, diluted and/or
substituted the specimen provided for the initial test that was not determinative, a second test
will be conducted.The second test procedures shall be identical to the first test procedures.
4. If no confirmatory test is requested by the employer, the employee will have the option of
having any remaining untested original specimen sent to a qualified and certified laboratory of
the employee's own choosing at the employee's expense for testing. If the second confirmatory
test results in a negative reading then said test shall be paid by the employer. Any testing shall
be in conformance with the original testing protocols.
5. All records pertaining to required drug and alcohol tests, as well as compliance with
rehabilitation terms shall remain confidential, and shall not be released, except on a need to
know basis, in accordance with applicable law. All documents pertaining to testing and test
results will be maintained in employee medical, not personnel,files.
Searches
The City reserves the right to conduct searches of City equipment or facilities generally, and may search
any area or item of City property(such as desks, files, lockers, cabinets, etc.), as well as personal
property brought onto City property consistent with applicable law. Personal property, such as brief
cases, lunch boxes, etc. brought onto City property, as well as lockers, may be searched when the City
has reasonable suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may
be found.
Page 31 of 36
54
Exhibit A
Prior to a search, notice will be given to the employee,who may elect to be present with a Union
representative, if such presence does not delay the search in excess of forty-five (45) minutes.
Consequences of Violations
1. Employees who Report Dependencies and Seek Treatment before Committing a Policy
Violation.
Rehabilitation:The City encourages employees who have drug and/or alcohol dependencies or think
they may have such dependencies to seek assistance voluntarily. When an employee voluntarily reports
a drug or alcohol dependency to his/her supervisor and seeks assistance before violating this Policy, that
employee may be placed on a leave of absence or adjusted working hours to allow for in-patient or out-
patient rehabilitation treatment if recommended by a Substance Abuse Professional (SAP).
The employee will not be permitted to work until such time as a Substance Abuse Professional agrees
him/her:
a. Has been evaluated by a Substance Abuse Professional (SAP);
b. If recommended by the SAP, has complied with all rehabilitation/after-care prescribed;
and
c. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee having sought assistance must agree to all
treatment, rehabilitation, after-care and follow-up testing as set forth in a written Rehabilitation and
Return to Work Agreement required by the City. Any employee who violates the terms of the
Rehabilitation Agreement or the Return to Work Agreement is subject to immediate termination.The
term of a said agreement shall be for 2080 straight-time hours worked.
The time an employee is off work undergoing rehabilitation is unpaid. However, employees may draw
their unused, accumulated sick leave, and/or vacation pay, holiday and compensatory time. Also,
employees who are receiving health insurance coverage will be eligible for continuation of health
insurance benefits with standard employee contributions as required by the Family Medical Leave Act.
2. Employees who Report Dependencies and Seek Treatment after Committing a Policy
Violation.
Employees who notify the City of drug or alcohol dependencies after violating this Policy may be subject
to discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo evaluation and rehabilitation in
lieu of discharge, provided the employee promptly complies with the terms and conditions set forth in
this Policy. The City will consider the following factors in exercising its discretion: the employee's length
of service;the employee's work record, in particular, whether the employee has committed a previous
alcohol or drug policy infraction;the consequences of the violation; any other circumstances offered by
the employee that militates against discharge.
It is understood and agreed that the references to discipline and discharge set forth in this Policy and
the Rehabilitation and Return to Work Agreement are not intended to supersede "just cause"
requirements.
Page 32 of 36
55
Exhibit A
ARTICLE 22 - SAVINGS CLAUSE
The provisions of this contract are declared to be severable, and if any section, subsection sentence,
clause, or phrase of this Agreement shall for any reason be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this
Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall
stand, notwithstanding the invalidity.
In the event of an applicable Federal or State law, statute, regulation or administrative rule is enacted
that materially affects the bargaining unit resulting in additional costs to the City, the parties agree to re-
negotiate any affected terms and conditions necessary to mitigate any additional costs incurred by the
City. In the event the parties are unable to reach a mutually agreeable resolution then said issue may be
referred to a third party neutral arbitrator per the terms of Article 18 of this agreement.
ARTICLE 23 - LABOR/MANAGEMENT COMMITTEE
23.1 FORMATION:
The parties agree to establish a joint Labor/Management Committee.
23.2 REPRESENTATION:
The City's representative will include the City Administrator or a representative and up to three (3)
designees.The Union representatives will include three (3) elected representatives who are City
employees with preference given to differing departments. Either party with advance notice may invite
guests whose attendance shall be germane to the agenda.
23.3 INTENT:
The intent of the committee is to facilitate communications between parties by providing a forum for
discussion of issues not addressed by the Contract, such as staff morale, operation methods and
procedures, attendance and other policies of the workplace which affect the working conditions of the
employees when such policies are not mandatory subject of bargaining.The committee shall not
become involved in individual grievances nor shall the committee meetings be construed as formal
negotiations.The committee shall meet with a formal agenda, at least once each quarter or such other
time as both parties mutually agree to.The time, date and place shall be mutually agreed upon by the
parties.
23.4 CONTINUANCE:
The committee shall discontinue meetings during the quarter in which contract negotiations have begun
and remain adjourned until a contract has been signed by both parties.
ARTICLE 24 - BILINGUAL PAY
The City may designate positions in the City where having a bilingual speaker of either the Spanish or
Russian language (in addition to English)would be an operational advantage to the City. Upon
designating these positions, the City may certify employees within these positions that meet/pass
Page 33 of 36
56
Exhibit A
language competency testing for the subject position.The City will require proficiency testing before
certification can occur, at the City's expense, and employees will be on paid time for such testing.
Employees certified to receive bilingual pay must be assigned work on a regular and continuing basis
that requires a second language to effectively meet the service demand of the City's customers.
Designation of positions eligible to receive bilingual pay is the responsibility of the Department Head.
o Employees certified to be orally proficient in the Spanish or Russian language shall receive a
three and one-half(3.5) percent premium to their normal base pay.
o Employees certified to be proficient both orally and in writing in the Spanish or Russian language
shall receive a five (5) percent premium to their normal base pay.
Recertification for employees eligible to receive bilingual pay will occur every 2 years.
In such a case as the need for bilingual services ceasing to exist, revocation of bilingual pay shall be
made in writing by the City Administrator; stating the reason(s) for the revocation. Such reasons shall be
discussed with the Union prior to implementation of such revocation. Additionally, if the employee is
transferred, demoted, or promoted to another position in which the bilingual skill has not been
designated or identified as a business necessity,the premium will also cease.
The City reserves the right to contract out bilingual services as it deems necessary.The City also reserves
the right to expand the bilingual program to include certifications for languages other than Spanish and
Russian as the operational needs of the City change over time.
ARTICLE 25 - EDUCATIONAL INCENTIVES
Tuition Reimbursement: The City of Woodburn may reimburse an employee for up to 50%of the
amount of tuition for courses approved by the City Administrator which are deemed directly applicable
and beneficial to City goals and objectives. The tuition reimbursement policy will be limited by
budgetary resources within the Department and will follow the following guidelines:
1. The City may reimburse an employee for the amount of tuition for approved courses conducted
outside the employee's regular working hours, provided the employee has made application for
approval to the City Administrator at least ten days prior to the registration for such course.
2. Course work eligible for reimbursement must be completed at a college or university holding
statewide accreditation.
3. Job-related courses which are only offered during regular working hours may be approved by
the Department Head and the City Administrator subject to the operating requirements of the
Department. If the course is approved, leave of absences without pay, and/or vacation time,
compensatory time, or other paid leave time will be made available to the employee.
4. The City may allow time off with pay, and will reimburse an employee for the expenses of
attending classes, or workshops, when attendance is on an assignment basis with prior approval
of the employee's Department Head.
5. Reimbursement will not include the cost of travel, books, materials, or other ancillary costs.
Reimbursement will be limited to a maximum of six(6) units per semester.
Page 34 of 36
57
Exhibit A
6. Reimbursement for baccalaureate studies shall be based on the average per-unit registration
cost of course work at Portland State University, and Western Oregon State University.
7. Reimbursement will be provided upon documentation of a successful completion of course-
work-(i.e., a copy of report card or transcript, and a receipt, cancelled check, or other proof that
registration has been paid by the employee).
8. Employee will be reimbursed 50%of tuition cost when course-work is completed with an "A" or
"B" grade. Tuition will be reimbursed at only 40%for course-work completed with a "C"grade.
There will be no reimbursement for courses completed with a "D" or for failed courses.
9. Employees will be obligated, when deemed applicable, to share the benefit of their education
and training with other City employees
ARTICLE 26 - MILEAGE REIMBURSEMENT
When an employee is approved by his supervisor to use their personal vehicle for City use,they shall be
reimbursed at the rate established by the Internal Revenue Service.
ARTICLE 27 -TERMS
27.1 TERM OF AGREEMENT
This Agreement shall become effective July 1, 2017 through June 30, 2019, except that all language
changes become effective upon the signing of this Agreement.
This Agreement shall be binding upon the City,the Union, and its members, and shall remain in full force
and effect through June 30, 2019.
27.2 CONTRACT AMENDMENTS
This Agreement may be amended at any time by mutual agreement of the Union and the City. Such
amendments shall be in writing and signed by both parties.
IN WITNESS WHEREOF, the City and the Union have executed this Agreement by the signature
of their respective authorized representatives.
FOR THE UNION FOR THE CITY
Kim Harman date Kathryn Figley date
Council 75 Representative Mayor
Peggy Kingman date Scott Derickson date
AFSCME President City Administrator
Page 35 of 36
58
Exhibit A
ADDENDUM A
Wage Rates Effective July 2,2017
AFSCME-FY 2017-2018:
Grade Position Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
A Parks&Maintenance Worker $ 12.76 $ 13.40 $ 14.07 $ 14.77 $ 15.51 $ 16.29 $ 17.10 $ 17.78
B Clerk 1 $ 12.94 $ 13.59 $ 14.27 $ 14.98 $ 15.73 $ 16.52 $ 17.34 $ 18.03
C $ 13.13 $ 13.79 $ 14.48 $ 15.20 $ 15.96 $ 16.76 $ 17.60 $ 18.30
D $ 13.36 $ 14.03 $ 14.73 $ 15.47 $ 16.24 $ 17.05 $ 17.90 $ 18.62
E $ 13.60 $ 14.28 $ 14.99 $ 15.74 $ 16.53 $ 17.36 $ 18.23 $ 18.95
F $ 13.87 $ 14.56 $ 15.29 $ 16.06 $ 16.86 $ 17.70 $ 18.59 $ 19.33
G Meter Reader $ 14.17 $ 14.88 $ 15.62 $ 16.40 $ 17.22 $ 18.08 $ 18.99 $ 19.75
H Bus Driver $ 14.49 $ 15.21 $ 15.98 $ 16.77 $ 17.61 $ 18.49 $ 19.42 $ 20.19
1 Clerk 11 $ 14.88 $ 15.62 $ 16.41 $ 17.23 $ 18.09 $ 18.99 $ 19.94 $ 20.74
J Municipal Court Clerk $ 15.29 $ 16.05 $ 16.86 $ 17.70 $ 18.59 $ 19.51 $ 20.49 $ 21.31
Records Clerk $ $ $ $ - $ $ - $ - $
K Clerk 111 $ 15.76 $ 16.55 $ 17.38 $ 18.24 $ 19.16 $ 20.11 $ 21.12 $ 21.96
Library Assistant $ $ $ - $ - $ - $ - $ - $ -
L Permit Technician $ 16.26 $ 17.07 $ 17.93 $ 18.82 $ 19.76 $ 20.75 $ 21.79 $ 22.66
Water Technician I $ $ $ $ $ $ $ $
Uti I ity Worker 1 $ $ - $ $ $ $ $
M Engineering Technician 1 $ 16.92 $ 17.77 $ 18.65 $ 19.59 $ 20.57 $ 21.59 $ 22.67 $ 23.58
Library Associate $ - $ $ $ $ $ $ $
Uti I ity Worker 11 $ - $ - $ $ $ $ $ $
N Waste Water Operator 1 $ 17.45 $ 18.32 $ 19.24 $ 20.20 $ 21.21 $ 22.27 $ 23.38 $ 24.32
Water Operator 1 $ - $ - $ - $ - $ - $ - $ - $ -
O Evidence Technician $ 17.78 $ 18.67 $ 19.60 $ 20.58 $ 21.61 $ 22.69 $ 23.83 $ 24.78
Uti I ity Worker I 11 $ $ $ $ $ $ $ $
P Engineering Technician 11 $ 18.14 $ 19.05 $ 20.00 $ 21.00 $ 22.05 $ 23.15 $ 24.31 $ 25.28
Q Building Inspector/Plans Examiner 1 $ 19.26 $ 20.22 $ 21.23 $ 22.30 $ 23.41 $ 24.58 $ 25.81 $ 26.84
CAD/GIS Technician $ $ $ $ $ $ $ $
Waste Water Operator II $ $ $ $ $ $ $ $
WaterTechnician 11 $ $ $ $ $ $ $ $
Utility Worker IV $ $ $ $ $ $ $ $
R Facility Maintenance Technician $ 19.77 $ 20.76 $ 21.80 $ 22.89 $ 24.03 $ 25.23 $ 26.49 $ 27.55
Water Operator 11 $ $ $ $ $ $ $ $
Fleet Maintenance Technician $ $ $ $ $ $ $ $
S Librarian $ 20.98 $ 22.03 $ 23.13 $ 24.29 $ 25.50 $ 26.78 $ 28.12 $ 29.24
T Associate Planner $ 22.04 $ 23.14 $ 24.30 $ 25.51 $ 26.79 $ 28.13 $ 29.54 $ 30.72
Water Maintenance Technician $ $ $ $ $ $ $ $
Lead Fleet MaintenanceT echnician $ $ $ $ $ $ $ $
U Building Inspector/Plans Examiner 11 $ 23.21 $ 24.37 $ 25.59 $ 26.87 $ 28.21 $ 29.62 $ 31.10 $ 32.19
Sewer Line Maintenance Technician $ $ $ $ $ $ $ $
Waste Water Operator III $ $ $ $ $ $ $ $
Waste Water Laboratory Technician $ $ $ $ $ $ $ $
V Industrial Waste Coordinator $ 24.56 $ 25.79 $ 27.08 $ 28.43 $ 29.85 $ 31.35 $ 32.91 $ 34.23
W EngineeringTechnician 111 $ 25.31 $ 26.58 $ 27.90 $ 29.30 $ 30.91 $ 32.61 $ 34.24 $ 35.61
Waste Water Maintenance Technician $ $ - $ - $ - $ - $ - $ - $ -
y Building Inspector/Plans Examiner 111 $ 31.51 $ 32.61 $ 33.75 $ 34.94 $ 36.51 $ 38.15 $ 39.87 $ 41.46
Page 36 of 36
59
u -,49M& Item
8U
a 1,d f;'! 7
August 14, 2017
TO: Honorable Mayor and City Council
FROM: N. Robert Shields, City Attorney
McKenzie Granum, Assistant City Attorney
SUBJECT: Resolution Consenting to "Change in Control" Transaction Involving
Cable Television Franchisee Wave
RECOMMENDATION:
Adopt the Resolution.
BACKGROUND:
WaveDivision VII, LLC, doing business as Wave (previously "Wave Broadband"),
currently holds a cable television franchise granted by the City (Ord. 2500).
Section 3.5 of the Franchise Agreement requires that Wave request the City's
consent to any proposed "change in control" of the franchisee, which under the
agreement shall not be unreasonably withheld by the City.
Federal law requires that the franchisee file FCC Form 394 with the City upon a
"change in control" transaction. The City Council must then act within 120 days
of the filing of this form or the "change in control" becomes automatically
approved.
Wave's parent company is WaveDivision Holdings, LLC, which is a subsidiary of
Wave Holdco, LLC, a Delaware limited liability company ("Wave Holdco"). In the
proposed business transaction, the ownership of Wave Holdco will change.
Radiate Holdco, LLC, a Delaware limited liability company controlled by Radiate
Holdings, L.P., will acquire Wave Holdco from its current owners.
DISCUSSION:
Several hundred pages of documents were filed with FCC Form 394. These
documents include: a copy of the securities purchase agreement for the
transaction; Radiate Holdings, L.P. ownership list and corporate organizational
chart, financial statements, and business qualifications data; and a public interest
statement describing the transaction. The City Attorney's office, in consultation
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
60
Honorable Mayor and City Council
August 14, 2017
Page 2
with public works, finance, and city administration, reviewed the documents and
found them to be in order.
Since there is no reasonable basis to deny the change in control request, staff
recommends adoption of the resolution consenting to the change of control.
Financial Impact:
None.
Attachments
June 16, 2017 Letter from Wave Holdco, LLC & Radiate Holdings, L.P.
FCC Form 394 (without supporting documents)
Pre- and Post-Transaction Organizational Charts
Public Interest Statement submitted to FCC by Wave Holdco & Radiate Holdings
61
G`.A " 1JW rq 15zt
Wave Holdco, LLC Received
401 Parkplace Center, Suite 500 JUN 192017
Kirkland, Washington 98033 2017
Radiate Holdings,L.P. City Attorneys
Offlce
301 Commerce Street, Suite 3300
Fort Worth, TX 76102
June 16, 2017
Scott Derickson, Office of the City Administrator
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Dear Mr. Derickson:
On May 18, 2017, Radiate HoldCo, LLC, a Delaware limited liability company and an
indirect wholly-owned subsidiary of Radiate Holdings, L.P. ("Radiate"), entered into an
agreement to acquire all the outstanding membership interests of Wave Holdco, LLC ("Wave")
from the holders thereof(the "Transaction"). WaveDivision VII, LLC, a subsidiary of Wave,
currently holds a franchise to offer video service in your community. Radiate and Wave believe
that the Transaction offers tremendous prospects for continued enhancements to the system and
services available to customers in Woodburn.
When the Transaction is consummated, only the indirect control of your community's
franchisee will have changed. Your community's franchise will continue to be held by
WaveDivision VII, LLC, the same legal entity that holds the franchise today. Following the
closing of the Transaction, WaveDivision VII, LLC agrees that it will continue to provide service
pursuant to the terms of that franchise. However, it will do so under the ownership and indirect
control of Radiate.
Radiate is a holding company that is majority owned and controlled by the principals of
TPG Global, LLC (together with its affiliates, "TPG"). TPG has extensive experience with
global public and private investments and is one of the most active private equity investors in the
Internet ecosystem. Radiate, through its indirect subsidiaries RCN Telecom Services, LLC and
Grande Communications Networks LLC, provides digital television, high-speed Internet, and
voice communications services to approximately 656,000 subscribers in the District of
Columbia, Illinois, Massachusetts, Maryland,New York, Pennsylvania, Virginia, and Texas, led
by an experienced management team from Patriot Media Consulting, LLC.
The Transaction will bring three smaller independent, competitive providers of video,
voice and Internet services under one roof, offering even stronger competition to the larger, well-
established providers in the marketplace. Following closing, Radiate will combine its resources
62
June 16, 2017
pg. 2
and expertise with Wave's knowledge of the local cable marketplace to build upon the successes
of Wave and further enhance the customer experience in your community.
In accordance with the terms of federal law, the rules of the FCC, and the franchise, we
have enclosed for your review the required number of copies of FCC Form 394. FCC Form 394
is designed to provide you with the information necessary to assess the financial, legal, and
technical qualifications of Radiate to hold indirect control of the franchise. As part of this filing,
you are receiving a copy of the agreement, and financial, legal and technical information about
Radiate, as well as all other required information. Certain of this information, as designated
therein, is confidential and not routinely made available to the public, and its dissemination
would be harmful to Radiate's business interests. Pursuant to FCC Form 394, these materials
must be maintained as confidential by you and any or all of your agents. Also enclosed is a copy
of the Public Interest Statement that was attached to our filing with the FCC for approval of the
Transaction.
Under the FCC rules, you have 120 days from the date you receive this information to
consider the application. No action on your part is required; should you choose not to take any
action within this 120 day period, under federal law the application will be deemed granted. In
the event that you choose to act on the application, we have enclosed for your convenience a
draft resolution for your use. Please let us know if you place the matter on your agenda for
consideration.
We look forward to working with you. If you have any questions, please call Jim Penney
at 425-896-1891 or Seth Davidson at 202-434-7447.
Sincerely,
James A. Penney Seth A. Davidson
General Counsel Mintz, Levin, Cohn, Ferris, Glovsky and
Wave Holdco, LLC Popeo, P.C.
401 Parkplace Center, Suite 500 701 Pennsylvania Avenue NW, Suite 900
Kirkland, WA 98033 Washington, D.C. 20004
Counsel to Radiate Holdings, L.P.
Enclosures: FCC Form 394 and associated exhibits
63
FCC 394
APPLICATION FOR FRANCHISE AUTHORITY
CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL
OF CABLE TELEVISION FRANCHISE
F'OR FRANCHISE AUTHORITY USE ONLY
SECTION I. GENERAL INFORMATION
............................................
DATE ��il� bi� Community Unit Identification Number:OR0301
-—-—-------................................ ......
2. Application for: Assignment of Franchise L J Transfer of Control
...........-—-------
3. Franchising Authority: City of Woodburn, OR
...............—----__................
4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located:
Woodburn, OR
5. Date system was acquired or(for system's constructed by the transferor/assignor)the date on
which service was provided to the first subscriber in the franchise area: 12/10/2007
6. Proposed effective date of closing of the transaction assigning or transferring ownership of the As soon as closing conditions
system to transferee/asci nee:
are satisfied
7, Attach as an Exhibit a schedule of any and las
information or material filed with thishibit .
application that is identified in the franchise as required to be provided to the franchising ExN/A No
authority when requesting its approval of the type of transaction that is the subject of this
application.
PART I - TRANSFEROR/AS SIGNOR
1. Indicate the nanic, telaphow number of the
Legal name of Transferor/Assignor(if individual,list last name first)
Wave Holdco, LLC
Assumed name used for doing business(if any)
.....---—---------------------
Mailing street address or P.O.Box
401 Parkplace Center, Suite 500
..... . ...... ...................................... .... ------
ZIP Code
City Telephone neNo.(include area code)
Kirkland 98033 425-896-1891
-State
2.(a) Attach as an xhiit a copy ofthe contract or agreement that rovides for the assignment or E b�t�
o.
transfer of coEntrol b(including any exhibits or schedules theretopnecessary in order to understand the p_
terms thereof). If there is only an oral agreement,reduce the tenns to writing and attach,
(Confidential trade,business,pricing or marketing information,or other information not otherwise
publicly available,may be redacted)
(b) Does the Contract Submitted in response to(a)above embody the full and complete agreement X Yes No
between the transferor/assignor and the traiisl'eree/assignee?
lf'No,explain in an Exhibit Exhibit No
64
PART II-TRANSFEREE/ASSIGNEE
L(a) Indicate the name,mailing address,and teleph2lie number 2fthe IK,,�!
Legal name of Transferee/Assignee(if individual,list last name first)
-Radiat�jnes, L.P. ...... ...........-...........
Assumed name used for doing business(if any)
.......... .........................................
Mailing street address or P.O.Box
301 Commerce Street, Suite 3300
City State ZIP Code Telephone No.(include area code)
Fort Worth TX 176102 817-871-4000
(b) Indicate the name,mai I i ng ad dress,and tele phon C number of person to conlacl,if other than trio ns 1erec/assi
Name of contact person(list last name first)
Seth A.Davidson
............................................
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo,P.C.
Mailing street address or P.O.Box
701 PennsvIvania Avenue.NW, Suite 900
....................................... ..........................
City State ZIP Code Telephone No.(include area code)
Washington DC 20004 202-434-7447
(c) Attach as an Exhibit the name,mailing address,and telephone number of each additional person who Exhibit No.
should be contacted,if any. NIA
(d) Indicate the address nTS�where t]
. .�tegn's records will be maintained.
Street address
401 Park lace Center, Suite 500 ..............
City State ZIP Code
Kirkland WA 98033
2. Indicate on an attached exhibit any plans to change the current terms and conditions of service and Exhibit No.
operations of the system as a consequence of the transaction for which approval is sought. 2
65
SECTION II. TRANSFEREE'S/ASSIGNEE'S LEGAL QUALIFICATIONS
1. Transferee/Assignee is:
... ...... . ..........
Corporation a.Jurisdiction of incorporation: d.Name and address of registered agent in
jurisdiction:
b.Date of incorporation:
c.For profit or not-for-profit:
......................................................
X Limited Partnership a.Jurisdiction in which formed: c.Name and address of registered agent in
Delaware jurisdiction:
c/o Maples Fiduciary Services(Delaware)Inc.
b.Date of formation: Suite 302,4001 Kennett Pike,Wilmington,
08/09/2016 Delaware 19807
_._
General Partnership a.Jurisdiction whose laws govern formation: b.Date of formation:
Individual
=NA
Other. Describe in an Exhibit.
2. List the transferee/assignee,and,if the transferee/assignee is not a natural person,each of its officers,directors,stockholders
beneficially holding more than 5%of the outstanding voting shares,general partners,and limited partners holding an equity
interest of more than 5%. Use only one column for each individual or entity. Attach additional pages if necessary. (Read
carefully-the lettered items below refer to corresponding lines in the following table.)
(a) Name,residence,occupation or principal business,and principal place of business. (If other than an individual,also show name,
address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant
first,officers,next,then directors and,thereafter,remaining stockholders and/or partners.
(b) Citizenship.
(c) Relationship to the transferee/assignee(e.g.,officer,director,etc.).
(d) Number of shares or nature of partnership interest.
(e) Number of votes.
(f) Percentage of votes.
. _._.
(a) See Exhibit 3
(b)
(c)
(d)
(e)
_
(f) ._.._ ... .
66
3. if the applicant is a corporation or a limited partnership,is the transferee/assignee formed under the = Yes EX � No
laws of,or duly qualified to transact business in,the State or other jurisdiction in which the system
operates?
If the answer is No,explain in an Exhibit. Exhibit No
4. Has the transferee/assignee had any interest in or in connection with an applicant which has been ED Yes 1:X:] No
dismissed or denied by any franchise authority?
If the answer is Yes,describe circumstances in an Exhibit. Exhibit No.
N/A
5. Has an adverse finding been made or an adverse final action been taken by any court or Yes K No
administrative body with respect to the transferee/assignee in a civil,criminal or administrative
proceeding,brought under the provisions of any law or regulation related to the following: any
felony;revocation,suspension or involuntary transfer of any authorization (including cable
franchises)to provide video programming services;mass media related antitrust or unfair
competition;fraudulent statements to another government unit;or employment discrimination?
If the answer is Yes,attach as an Exhibit a full description of the persons and matter(s)involved, Exhibit No.
including an identification of any court or administrative body and any proceeding(by dates and file L
numbers,if applicable),and the disposition of such proceeding.
6. Are there any documents,instruments,contracts or understandings relating to ownership or future = Yes �X No
ownership rights with respect to any attributable interest as described in Question 2(including,but
not limited to,non-voting stock interests,beneficial stock ownership interests,options,warrants,
debentures)? Exhibit No.
E---------
If Yes,provide particulars in an Exhibit. N/A
Do documents,instnunents,agreements or understandings for the pledge of stock of the Yes No
transferee/assignee,as security for loans or contractual performance,provide that: (a)voting rights
will remain with the applicant,even in the event of default on the obligation;(b)in the event of
default,there will be either a private or public sale of the stock;and(c)prior to the exercise of any
ownership rights by a purchaser at a sale described in(b),any prior consent of the FCC and/or of the
franchising authority,if required pursuant to federal,state or local law or pursuant to the terms of
the franchise agreement will be obtained?
If No,attach as an Exhibit a full explanation. Exhibit No.
N/A
SECTION III. TRANSFEREE'S/ASSIGNEE'S FINANCIAL QUALIF.ICAT.IONS
1• The transferee/assignee certifies that it has sufficient net liquid assets on hand or available from Yes F No
committed resources to consummate the transaction and operate the facilities for three months.
2. Attach as an Exhibit the most recent financial statements,prepared in accordance with generally Exhibit Nos.
accepted accounting principals,including a balance sheet and income statement for at least one full
year,for the transferee/assignee or parent entity that has been prepared in the ordinary course of
business,if any such financial statements are routinely prepared. Such statements,if not otherwise
publicly available,may be marked CONFIDENTIAL and will be maintained as confidential by the
franchise authority and its agents to the extent permissible under local Jaw.
SECTION IV. TRANSFEREE'S/ASSIGNEE'S TECHNICAL QUALIFICATIONS
Set forth in an Exhibit a narrative account of the transferee's/assignee's technical qualifications,experience Exhibit No.
and expertise regarding cable television systems,including,but not limited to,summary information about
appropriate management personnel that will be involved in the system's management and operations. The
transferee/assignee may,but need not,list a representative sample of cable systems currently or formerly
owned or operated.
67
SECTION V-CERTIFICATIONS
Part I-Transferor/Assignor
.All the statements made in the application and attached exhibits are considered material representations;and all the Exhibits
are a material part hereof and are incorporated herein as if set out in full in the application.
Silnalurc
T CERTIFY that the statements in this application are true.,
N complete and correct to the best of my knowledge and belief and
are made in good faith. .... .a.. _._
WILLFUL I-AL,Sl'.STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S.COLIC, l''°'iF°t ttA�l1°'rR1
rrrL,E 18.SECTION 1001. ,lames A. Penney, General Counsel, Wave
Holdco LLC
.W_.�....... �..... :.m .�...� ���. �_...W. .. .. __._. ...........
Check upproltt'iatc class iticatioil:
Individual General Partner Corporate Officer(IndicateTitle)
J Other.Explain:
Part Il-'transferee/Assignee
All the statements made in the application and attached Exhibits are considered material representations,and all the Exhibits
are a material part hereof and are incorporated herein as if set out in full in the application.
The transferee/assignee certifies that he/she:
(a) Has a current copy ofthe FCC's Rules governing cable television systems.
(b) Has a current copy of the franchise that is the suhjcct of this application,and of any applicable state laws or local
ordinances and related regulations,
(c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related
regulations,and to effect changes,as promptly as practicable,in the operation system,if any changes are necessary to cure
any violations thereof or defaults thereunder presently in effect or ongoing.
............W...
Signauuc
I CERTIFY that the statements in this application are true,
complete and correct to the best of my knowledge and belief and
are made in good faith.
_-..._.__
Datc
WILLFUL.FALSE,STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE,BY FINE AND/OR IMPRISONMENT. U.S,CODE.
TITLE 18,SECTION 1001. Print kilt came
Jeffrey B. Kramp, General Counsel, Radiate
.._
Holdin....Check appropriate �........�..,,.:..,v..__.....
Ts L.P.
m' e clastithcation: _
r—X-1
Individual General Partner Corporate Officer(Indicate Title) Other.Explain:
El
68
i
C
SECTION V-CERTIFICATIONS
Part I-Transferor/Assignor
All the statements made in the application and attached exhibits are considered material representations,and all the Exhibits
are a material part hereof and are incorporated herein as if set out in full in the application,
Signature
I CERTIFY that the statements in this application are true,
complete and correct to the best of my knowledge and belief and
are made in good faith.
Dale
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S.CODE, Print Cull name
TITLE 18,SECTION 1001. James A.Penney, General Counsel, Wave
Holdeo LLC
Check appropriate classification:
Individual General Partner V U Corporate Officer(Indicate Title) Other.Explain:
Part 11-Transferee/Assignee
All the statements made in the application and attached Exhibits are considered material representations,and all the Exhibits
are a material part hereof and are incorporated herein as if set out in full in the application.
The transferee/assignee certifies that he/she:
i (a) Has a current copy of the FCC's Rules governing cable television systems.
(b) Has a current copy of the franchise that is the subject of this application,and of any applicable state laws or local
ordinances and related regulations.
(c) Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related
regulations,and to effect changes,as promptly as practicable, in the operation system,if any changes are necessary to cure
any violations thereof or defaults thereunder presently in effect or ongoing.
I CERTIFY that the statements in this application are true,
complete and correct to the best of my knowledge and belief and __/ ✓
are made in good faith. y
.._ ........
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE p // I"
PUNISHABLE BY FINE AND/OR IMPRISONMENT. U.S.CODE,
TITLE 18,SECTION 1001. Print full natnc
Jeffrey B. Kramp, General Counsel,Radiate
Holdings, L.P.
Check appropriate classification:
11 Individual E-I General Partner X Corporate Officer(Indicate Title) 11 Other.Explain:
i
69
Pre-Transaction Organization Chart
Fund managed by Funds managed by
WaveDivision Capital III, LLC GI Partners Oak Hill Capital Partners
16.53%of Ownership 17.44%gfOs nershR;p 66.03%of Ownership
Wave Holdco, LLC (Transferor)
100%
OH WDH Holdco, LLC
100%
WaveDivision Holdings, LLC
WaveDivision I, LLC 100%
100%
Sawtooth Technologies, L.L.C. ..............
100% WaveDivision IV, LLC
WaveDivision II, LLC 100%
_W.....
WaveDivision III, LLC 100% Astound Broadband, LLC
WaveDivision VII, LLC 100% 100%
...... ... -.................. WDH Black Rock,LLC
Cedar Communications, LLC 100% � �������
100% Seattle's Best Internet, LLC
70
See Fund Structure
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72
PUBLIC INTEREST STATEMENT
The Transaction will generate substantial public interest benefits without posing any
actual or potential harms to consumers or competition. Consummation of the Transaction will
promote competition by strengthening Wave's ability to offer consumers a strong competitive
alternative source of video, high-speed Internet, voice, and business data services, and will not
result in any reduction in competition, because Transferee's RCN and Grande operating
subsidiaries do not serve any of Wave's markets. Consumers will face no disruption—they will
receive the same services as before the Transaction—and will see definite benefits, because those
services will grow and improve with the increased financial wherewithal, added experience and
innovative ideas contributed by Transferee's management team. The Commission should find
that the Transaction is in the public interest.
A. The Transaction Will Produce Substantial Public Interest Benefits.
That Transferee won the private auction for the sale of Transferor Wave Holdco and its
Wave operating subsidiaries is a boon for customers and competition. While Wave could have
been acquired by an operator already serving the markets at issue, Transferee's ownership will
preserve and strengthen Wave's competitive voice. The combination of Wave, RCN and Grande
under Transferee's ownership and management is a favorable result—not just for customers of
the Wave systems being acquired, but also for the customers of Transferee's RCN and Grande
systems and for other people living in the areas in which Wave, RCN, and Grande provide
competition to larger incumbents. As discussed in detail below, the Wave, RCN and Grande
systems are technologically innovative providers of video, voice and Internet services, dedicated
to broad deployment of the highest-level technologies in the communities that they serve.
Bringing these smaller, independent operations under one roof—and combining their experience,
73
expertise, and innovative thinking—will confer real benefits on consumers by offering even
stronger competition to the larger, well-established providers in the marketplace.
Led by the experienced management team from Patriot Media, Transferee's RCN and
Grande operating subsidiaries have fashioned and implemented a tech-forward strategy that has
accelerated the deployment of state-of-the-art technologies, thereby strengthening their
competitive position in the markets they serve. This includes following through on plans
described in filings related to Transferee's acquisition of RCN and Grande; for example, since
being acquired by Transferee, RCN and Grande have continued rolling out DOCSIS 3.1
throughout their footprint. RCN and Grande also have introduced Gigabit speeds in several
additional markets, deployed an integrated Netflix service, partnered with TiVo to offer cutting-
edge navigation devices, provided subscribers ways to easily access YouTube and Hulu through
the TiVo platform, and begun offering HBOGO and a branded TV Everywhere service. Patriot
Media's exemplary management performance is illustrated by the recognition RCN received as
PC Magazine's Reader's Choice for Best ISP in 2015 and 2016.2
Wave's history is similar. It,too, has earned a well-deserved reputation for deploying
high-capacity networks that enable Wave to offer Gigabit, 250 Mbps and 100 Mbps services to
many of its customers, and at the same time supporting such services with high-quality technical
support and customer service to its customers and, in particular, for developing technology
enabling its 24x7 Network Operations Center to proactively monitor its distribution network and
customer premises equipment and thereby prevent or quickly remedy any technical issues. The
significant achievements of the highly regarded local staff of Wave in areas of technical quality
and innovation have been widely recognized. In fact, Wave's enviable track record includes its
2 See Ben Z. Gottesman,"Readers' Choice Awards 2016: Internet Service Providers,"PC Magazine(May
11, 2016), available at
74
receiving the prestigious "Independent Operator of the Year" award from CableFax Magazine in
2012,3 being named the"Fastest ISP in the Northwest"by PC Magazine in 2014,4 and being
recognized as the highest-ranked bundled-service ISP in the US by reader score by Consumer
Reports in 2016.5
There will be mutual benefits from bringing under common ownership and management
the forward-looking operations of these award-winning systems. The integration of the Wave
networks with the RCN and Grande networks will benefit the customers of both companies by
allowing not just Wave, but also RCN and Grande, to obtain more favorable financing and
programming arrangements and other operational efficiencies. Further, while much of the
existing Wave local staff will remain in place, Transferee's Patriot Media management team will
provide operational oversight, input and creative thinking, and ensure that Wave continues to
'tl
meet the same high standards for technological innovation and customer service that Wave's
customers have come to expect, enhanced by the accomplished Patriot Media team's expertise
and experience. In addition, Patriot Media will be able to draw on Wave's expertise providing
dark fiber and its leadership in the deployment and operation of Gigabit fiber networks. RCN
and Grande have begun a Gigabit upgrade to their networks and the combined entity will be able
to capitalize on Wave's experience and expertise to accelerate and improve that roll-out.
The Transaction also will facilitate system improvements, such as RCN's upgrade to
DOCSIS 3.1, which will further increase Internet speeds and will enable the operating
subsidiaries to compete more effectively against larger, national rivals in both the residential and
3 See Cablefax,Top Ops Awards 2012, available at l �P,.l� �I� o tl91Mat ctla!llaa 1y w........
'Ct ¢-pR�
20...1..E drtll l lacca l lat �t t'a_4; tl cel t_lc vc ar.
tl See PC Mag, "Fastest ISPs by Region:Northwest,"(Sept. 4,2014)available at
}Alla +ov 1 �..1�.1�g �tlal M;l;tticl 1:). 17:3 _16 507 .a'sp.
See Consumer Reports, "Telecom Services Ratings: Bundled Services,"(last viewed: May 30, 2017)
Dtlfi lois t�1 ?� 6til�llq a 5 4�tlM1{�114m d �V4l:t �Vc�X9Ck xS (�v 1"°G 1V
available atE9p:_..'r�e �w. .'n,�tln� l �k.__'" �.
75
business sectors. As an over-builder, these improvements allow customers in the markets in
which Wave, RCN, and Grande operate to experience real competition and true choices,
regardless of the provider they choose.
The Transaction presents a rare opportunity for a combination which allows increased
efficiency and economies of scale without undermining competition. In fact, it will actually
promote competition, since the combination of RCN, Grande, and Wave will more effectively
compete with larger national providers. At a time when the industry is marked by growing
consolidation, the presence in the marketplace of a well-funded, competitive, independent source
of advanced video and broadband services becomes all the more important. The Transaction's
public interest benefits go beyond investments and improvements that will be made in the Wave,
RCN, and Grande operating subsidiaries: those investments and improvements will drive other
competitors to make their own investments and improvements.
B. The Transaction Will Not Result in Any Harm to the Public Interest.
The Transaction will not result in any harms to consumers or competition or violate any
Commission rule or policy. It also will not result in any horizontal consolidation among
overlapping cable or telecommunications providers or result in any adverse disruption in the
systems' day-to-day operations.
Significantly,there is no overlap between Transferee's existing networks and the
networks operated by Wave. Wave provides services in some of the most competitive urban and
suburban markets in the country, including Seattle, Portland, San Francisco, and Sacramento,
along with underserved rural areas in California, Washington, and Oregon, while Transferee is
providing (through RCN and Grande) voice, Internet, and video service in the District of
Columbia, Illinois, Maryland, Massachusetts, New York, Pennsylvania, Virginia, and Texas.
76
Competition and consumer choice will be sustained, and even improved, after the
Transaction. The Transaction will give Transferee control over non-overlapping subsidiaries that
provide cable, telecom, and OVS service to more than 450,000 video, voice, and high-speed
Internet subscribers, in addition to the 656,000 subscribers served by its existing networks.
Wave is the third largest competitive wireline provider of services in most of the communities
where it offers services—behind companies such as AT&T/DirecTV, Comcast, Charter,
Frontier, Dish, CenturyLink, Consolidated Communications, Zayo, Integra, and Level 3 —and
even the combined entity will have a significantly smaller national presence than those
competitors. Thus, although the Transaction will give Wave, RCN, and Grande increased scale
to compete effectively in increasingly consolidated video and broadband markets and to
negotiate favorable programming and equipment deals, it will not pose any of the competitive
risks that the Commission has raised when considering mergers among larger service providers.6
More specifically, the Transaction will not reduce the number of head-to-head competitors in any
market or create an entity with either the incentive or ability to limit consumers' access to OVD
services, since none of the entities is a content producer and there is no overlap between their
footprints.
Additionally, because Wave will retain many of its front-line staff members, who will
now be supervised by the experienced Patriot Media team that currently manages the day-to-day
operations of the RCN and Grande operating subsidiaries on behalf of Transferee, there is no risk
of the sorts of adverse impact on customer service that have occurred following other
6 See, e.g., In the Matter of Applications of Charter Communications, Inc., Time Warner Cable, Inc., and
Advance/Newhouse Partnership, 64 Comm. Reg. 1259 (2016)(noting the"deeply rooted preference for
preserving and enhancing competition"and focusing in particular on OVD competition implications and
geographic overlap between the applicants);see also Federal Communications Comm'n. blog post, "FCC
Transaction Review: Competition and the Public Interest,"Aug. 12, 2014(noting that preserving and
promoting competition is at the core of a public interest analysis).
77
transactions. The consumer experience only will change for the better, as the purchasing power
of Wave, RCN and Grande is combined to provide opportunities to obtain more favorable
financing and purchasing arrangements and the improved financing options allow for even more
investment and network improvements.
Finally, as previously explained, Wave will continue to offer competitive and innovative
products, with improvements introduced over time. Thus, the Transaction is not expected to
result in the discontinuance, reduction, loss or impairment of service to any customer. For that
reason consumers will face no disruption in service, and will see real benefits, because those
services will grow and improve with the increased financial wherewithal, added experience and
innovative ideas contributed by Transferee's Patriot Media management team.
For the reasons stated above,the Transaction will ensure that the Wave operating
subsidiaries will remain robust and innovative competitors capable of providing consumers with
world-class voice, video, broadband Internet, and business data services and of spurring their
competitors to improve their offerings.
78
COUNCIL BILL NO. 3039
RESOLUTION NO. 2101
A RESOLUTION GRANTING CONSENT OF THE CITY OF WOODBURN TO A CHANGE
OF CONTROL TRANSACTION INVOLVING WAVEDIVISION VII, LLC
WHEREAS, WaveDivision VII, LLC, a Washington limited liability company
d/b/a Wave ("Franchisee") currently holds a franchise (the "Franchise")
granted by the City of Woodburn (the "City") to own and operate a cable
system; and
WHEREAS, Franchisee is a wholly-owned subsidiary of WaveDivision
Holdings, LLC, a Delaware limited liability company ("WDH"); and
WHEREAS, on May 18, 2017, Radiate HoldCo, LLC, a Delaware limited
liability company controlled by Radiate Holdings, L.P. ("Radiate Parent"),
WDH, and Wave Holdco, LLC, a Delaware limited liability company ("Wave
Holdco"), the ultimate parent of WDH, entered into a definitive securities
purchase agreement for Radiate Holdco, LLC to acquire Wave Holdco from its
current owners (the "Transaction"); and
WHEREAS, Radiate Parent and Wave Holdco have filed FCC Form 394
with the City and represent that they have provided the City with all
information regarding the Transaction required by applicable law (collectively,
the "Application"); and
WHEREAS, the City has reviewed the Application and has determined
that (i) Radiate Parent meets the legal, technical, and financial criteria to
become the owner of Wave Holdco and the indirect owner of Franchisee,
and (ii) the Transaction is in the best interests of the City; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The City consents to and approves of the Transaction to the
extent required by the terms of the Franchise granted by Ordinance 2500 and
applicable law.
Section 2. The City confirms that the Franchise is valid and outstanding
and in full force and effect and there are no defaults under the Franchise.
Subject to compliance with the terms of this Resolution, any action necessary
with respect to the Transaction has been duly and validly taken.
Section 3. To the best of the City's knowledge and belief, there are no
Page 1 Council Bill No. 3039
Resolution No. 2101
79
existing facts or circumstances that with or without the giving of notice or the
passage of time, or both, would constitute a default of any term or condition of
the Franchise.
Section 4. Effective upon the closing of the Transaction, the Franchisee
shall remain responsible for any obligations and liabilities under the Franchise in
accordance with its terms.
Section 5. This Resolution shall have the force of a continuing
agreement with Franchisee and Radiate Parent, and City shall not amend or
otherwise alter this Resolution without the consent of Franchisee and Radiate
Parent.
Section 6. This Resolution is adopted and approved in accordance with
applicable law and shall take effect upon passage.
Approved as to Form:
City Attorney Date
APPROVED:
Kathryn Figley, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 Council Bill No. 3039
Resolution No. 2101
80
BU
August 14, 2017
To: Honorable Mayor and City Council through City Administrator
From: Chris Kerr, Community Development Director
Subject: Planning Commission Approval of a Modification to a Condition of
Approval Related to Landscaping for the Washington Elementary
School (CU 2017-03)
RECOMMENDATION:
No action is recommended. This item is placed before the Council for
informational purposes, in compliance with the Woodburn Development
Ordinance Section 4.02.02. The Council may call up this item for review if
desired.
BACKGROUND:
In January 2017, the City granted a Conditional Use permit for the expansion
and redevelopment of Washington Elementary School. One of the conditions of
that approval referenced a Finding in the Staff Report that required the
landscaping buffer along the east property line to be increased to 100 feet in
width. It was not clear during the approval process to either the applicant or
the Planning Commission that this 100 buffer was now required. Under the
current application, the applicant has requested that the condition be modified
to allow the landscape buffer along the eastern property line to be 20 feet in
width. Staff concurs with this request.
The Planning Commission held a public hearing on July 27, 2017 and
unanimously approved the requested modification. The applicant gave the only
public input on the proposal. All other previous conditions of approval remain in
full effect.
FINANCIAL IMPACT:
This decision is not anticipated to have any direct public sector financial impact.
Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance—x-
81
PROPOSED LANDSCAPE PLANTING
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